HomeMy WebLinkAboutOrdinance 4519 ORDINANCE NO, 4519
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03-18.00 AS SUBMITTED BY
GEOFF BATES OF KEYSTONE CONSULTANTS ON BEHALF
OF JAMES COGER FOR 18.38 ACRES LOCATED NORTH OF
MT. COMFORT ROAD AND WEST OF RUPPLE ROAD.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From R-A, Residential Agricultural to RSF-4, Residential Single-Family, Four
Units Per Acre as shown in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
-PASSED and APPROVED this the 7`h day of October, 2003 .
P� ETtt p
t . le , •� APPROVED:
v � ,�; By:
ANC DY, Kran
a..:.-� 111
By: Aok4 AJ A.Jm >(
SONDRA SMITH, City Clerk
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID : 006635810002 TVDe . REL
Recorded : 10/24/2003 at 08 : 14 : 48 AM
Fee Amt : $11 . 00 v . A 1 of 2
eettewashinaton
aM County . AR
Bette Stamps circuit Clerk
F11e2003-00055992
EXHIBIT "A"
RZN 03-18.00
A PART OF THE FRACTIONAL NW 1/4 OF SECTION 1 , TOWNSHIP 16
NORTH, RANGE 31 WEST, AND PART OF THE SOUTH ONE HALF OF
SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SWI/4 OF SAID
SECTION 31 , THENCE S0300312811W 255 .42 FEET TO AN IRON PIN
FOUND AT THE NORTHWEST CORNER OF A TRACT OF LAND
RECORDED AS DEED 2002101566; THENCE S03°11 '30"W 831 .42 FEET
TO AN IRON PIN FOUND ON THE NORTH RIGHT-OF-WAY LINE OF
MOUNT COMFORT ROAD; THENCE ALONG SAID NORTH RIGHT-
OF-WAY LINE N87051 '54"W 514.65 FEET TO A FOUND IRON PIN;
THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE
NO3006'36"E 1458.56 FEET TO A FOUND IRON PIN; THENCE
N71 °57'36"E 552.65 FEET; THENCE S03005'59"W 562.37 FEET TO THE
POINT OF BEGINNING, CONTAINING 18.38 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS
OF RECORD OR FACT.
Washington County , All
I certify this instrument was filed on
1012412003 09:14'.48 AM
and recorded in Real Estate
File Number 2003-00055992
Bette Sttaam/Ps ' Circuit Clerk
by vf/%
V
NAME OF FILE: Ordinance No. 4519
CROSS REFERENCE:
Item # Date Document
1 09/16/03 Staff Review w/attachments:
draft ordinance
memo to mayor & city council
memo to planning commission
copy of §161 .07
letter from fire marshal
letter from police dept
letter from Keystone Consultants
letter from Keystone Consultants
copy of Future Land Use
copy of Close Up View
copy of One Mile View
2 10/13/03 memo to Dawn Warrick
3 10/17/03 Affidavit of Publication
NOTES :
10/24/2003 filed with the Washington County Circuit Clerk
NORTHWEST ARKANSA*EDITION
Arkansas Democrat (f)azeW
REcFn�Fp
OCT 2 2 2003
cf� c, , t f r �w�LE
AFFIDAVIT OF PUBLICATIONQ c6C rJOFFIOE
I , jrOJAL do solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell , Arkansas, and that
from my own personal knowledge and reference to the files of said
publication , that advertisement of:
Alliinflo 0 ) '- I51q was inserted in the regular editions on
Po# (M- EYE t � -MI
** Publication Charge: $ � g
Subscribed and swom to before me this
ap+w day of ( / c �-o 6 er- 2003.
ORDINANCE NO. eBfE t
AN ORDINANCEREZONING THAI;FROPFxRTVj DESCRIBED IN ! '- - - ' -' - ' ..{ I
REZONING PETITION RZN 03.18.06) AS SUBMITTED BY
n GEOFF BATES OF KEYSTONE CONSULTANTS ON BEOF JAMES HALF
R FOR 18.38 ACRES LOCATED NO
MT. COMFORT ROAD AND WEST OF RI RROAD.RTH OF My of Vf c 'l
Notary Public De R ORDAINED EY THE CRY COUNCIL OF THE Cm OF FA ffSIRLLa, ARIMI
Section 1 , That Ya zone oosssi :ss n of its IoWg desr+lbed Woperry is hereby Changed as follows:
My Commission Expires: o2 as 4V/3 Frem R-A, Resderaal Agncu"o to RSF4, Residential Sigle Foi Fou Ums Per Ape as sno nin
Ex blt 'A' attached hereto and r e a pert hereof.
Section 2. That Ina offxYal Zoning mop of the City of Fayeheville, Nlvkansas. Is heresy arerxfe(i to reflect)
Affidavit. this zoning change provided in Section 1 above.
"* PASSED °"' NbM
APPROVED ' 'N 'gr of OebEel' 2003.Please do not pay from Al ll
APPROVED:
An invoice will be sent DAN DOODY Maio.
ATTEST:
By.
SONDRA EIIRX, CRY Clerk
EXHIBR 'A'
Official Seal _ RZND3-ie.00
SEAN-MICHAEL ARGO A PART OF THE FRACTIONAL NW 114 OF SECTION I, TOWNSHIP IB NORTH. RANGE 3I WEST, AND
PART OF THE SOUTH ONE HALF OF.SECT10N 31, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THEI
Notary Public-Arkansas FIFTH PRINCIPAL MERIDIAN, WALHINGTON COUNTY, ARKANSAS, AND BEING MOREI
WASHINGTON COUNTY PARTICULARLY DESCRIBED AS FOLLOA :
My Commission Expires 07.25-201 BEGINNING AT THE SOUTHEAST CORNER OF THE SW114 OF SAID SECTION 31, THENCE
S03'03'28-W 255.42 FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORNER OF A TRACT O
LAND RECORDED AS DEED 2002101588; THENCE SM-1 1-30-W831.42 FEET TO AN IRON RN
FOUND ON THE NORTH RIGHT-OF-WAY UNE OF MOUNT COMFORT ROAD;THENCE ALONG SAI
NORTH RIGHT-OF-WAY UNE NB7•S1'S4W 514.65 FEET TO A FOUND IRON PIN: THENC
DEPARTING SAID NORTH RN'iM-0F-WAY UNE NO3° '36'E 1458.58 FEET TO A FOUND IRON PIN
THENCE W1057'36-E 552.65 FEET, THENCE- 503'05'59" 562.37 FEET TO THE POINT O
BEGINNING, CONTAINING 18.38 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENT
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
212 NORTH EAST AVENUE P.O. BOX 1607 FAYEI I Exvv ., „t,r. i-lomo rZ /uz- • (5U1 ) 442-1700
tl
STAFF *IEW FORM - NON-FINANCIAL LIGATION o RD
io / 7 � o3
x AGENDA REQUEST � S
For the Fayetteville City Council Meeting of: September 16, 2003
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED: Ordinance Approval.
SUMMARY EXPLANATION:
RZN 03- 18.00 was submitted by Geoff Bates of Keystone Consultants on behalf of James Coger for property
located north of Mt. Comfort Road and west of Rupple Road. The subject property is proposed to be annexed
into the City of Fayetteville and contains approximately 18.38 acres. The request is to rezone from R-A,
Residential Agricultural to RSF-4, Residential Single-Family, four units per acre.
STAFF RECOMMENDATION:
Staff recommends approval .
n
JI(
AlLyl S221t', 4/ Received in Mayor's Office
1-22163
Division Head / Date Date
7
City Attomf y Date
Cross Reference:
Department Director Date
h4z Previous Ord/Res#:
Fin ice & Internal Services Dir. Date Orig. Contract Date:
9 A1,0; Orig. Contract Number:
Chief A inis rative Officer Date
New Item: Yes No
Z�S O
Mayor Date
x o3
i •
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 03- 18.00 AS SUBMITTED BY GEOFF BATES OF KEYSTONE
CONSULTANTS ON BEHALF OF JAMES COGER FOR 18.38 ACRES
LOCATED NORTH OF MT. COMFORT ROAD AND WEST OF RUPPLE ROAD.
BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification o thefollowing described
11 \property is hereby changed as follows: oto
From R-A, Residential AgriculturaltoResidential S ,Family, Four
Units Per Acre as shown in Exhibit "A" attached�hereto and ma`de_apart hereof.
Section 2. That the of5ci��" map of the City of Fayetteville,
Arkansas, is hereby amended to reflect4he zoning change provided in
Section 1 above. `� \`\ _'
PASSED AND APPROVED this da of> \flj 2003.
APPROVED:
By:
D'AN COODY, Mayor
ATTEST:
By:
Y
Sondra Smith; Cis ty Clerk
EXHIBIT "A"
RZN 03-18.00
A PART OF THE FRACTIONAL NW I /4 OF SECTION 1 , TOWNSHIP 16
NORTH, RANGE 31 WEST, AND PART OF THE SOUTH ONE HALF OF
SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER/OF THE SWI/4 OF SAID
SECTION 31 , THENCE S0300312811W 255 .42'FEET TO AN IRON PIN
FOUND AT THE NORTHWEST CORN 4NN TRACT OF LAND
RECORDED AS DEED 2002101566; THENCE S039\ 30�W 831 .42 FEET
TO AN IRON PIN FOUND ON THE NORTH RIGHT—O =WAY LINE OF
,:
MOUNT COMFORT ROAD; THENCE ALONG SAID N04% RIGHT-
OF-WAY LINE N87051 '54"W%-5 4 65 FEETN,TO A FOUNNROf4 PIN;
THENCE DEPARTING SAIDNORTI7r RJGHT-OF-Wk#I LINE
NO3006'36"E 1458 .56 FEET TO AFOUND IRON PIN; THENCE
N71 °57'36"E 552.65 FEET; THENCE S03005'59"W 562.37 FEET TO THE
POINT OF BEGINNING;CONTAINING 18>38?ACRES, MORE OR LESS.
SUBJECT TO ANY EASE NTS, COVENANT/S'OR RESTRICTIONS
Ile
OF RECORD OR FACT. �` v
• •
FAYETTEVILLE CC Meeting of September 16, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, Zoning & Development Administrator, AICD''-1
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: August 26, 2003
RZN 03-18.00: Rezoning (James Coger, PP 321) was submitted by Keystone Consultants, Inc.
on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple
Road. The property is currently zoned R-A, Residential Agricultural and contains
approximatelyl8.38 acres. The request is to rezone the subject property to RSF-4, Residential
single family, 4 units/acre.
BACKGROUND:
Property description: The subject property is vacant. The property is adjacent to the city limits
along the eastern boundary where the Clabber Creek subdivision is under construction. The
proposed zoning would allow for development of a single family subdivision containing a
maximum of 73 lots.
Proposal: The applicant proposes to develop a single family subdivision on the subject property.
Request: The request is to rezone the property RSF-4.
CURRENT STATUS:
This item is a part of a group of annexation and rezoning requests for adjoining properties. On
August 26, 2003, the Planning Commission voted 8-0-0 to forward this request to the City
Council with a recommendation for approval of a rezoning to the RSF-4 district. There was no
public comment on this item during the public hearing before the Planning Commission.
RECOMMENDATION:
The Planning Commission and staff recommend approval of this rezoning based on the
findings included as a part of the attached staff report.
K.6ReperuQ003UC REPOR7SLSeptember meetingsLzn03-18_mger_cc_memo.dw
• i
FAYETTEVILLE PC Meeting of August 25 , 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn Warrick, Zoning & Development Administrator, AICP
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: August 21 , 2003
RZN 03-18.00: Rezoning (James Coger, PP 321) was submitted by Keystone Consultants, Inc.
on behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple
Road. The property is currently zoned R-A, Residential Agricultural and contains
approximatelyl8 .38 acres. The request is to rezone the subject property to RSF-4, Residential
single family, 4 units/acre.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
X Approved O Denied
Date: August 25, 2003
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 16, 2003 (1St reading if recommendcdl
BACKGROUND:
Property description: The subject property is vacant. The property is adjacent to the city limits
along the eastern boundary where the Clabber Creek subdivision is under construction. The
proposed zoning would allow for development of a single family subdivision containing a
maximum of 73 lots.
Proposal: The applicant proposes to develop a single family subdivision on the subject property.
Request: The request is to rezone the property RSF-4.
K. IReportr110031PC REPORTS108-151rzn03-18_mger_re .doc
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Vacant / Agricultural R- 1 , Low Density Residential
South Single Family Residential R- 1 , Low Density Residential
East Clabber Creek Phase II SFR R-1 , Low Density Residential
West Vacant County, No Designated Zoning
INFRASTRUCTURE:
Streets: Access and the only available street frontage is on Mt. Comfort Rd. along the
south boundary of the site. Mt. Comfort Rd. in this location is classified a minor
arterial on the master street plan. It is not built to that standard.
If development occurs on this site, Mt. Comfort Road would need to be improved to
a minimum of 14 'f rom centerline including pavement, curb and gutter, storm
drains and sidewalk.
Water: The property currently has access to a 4" and 8" waterline along Mt. Comfort
Road. The Clabber Creek Phase II subdivision to the east also has 8" lines
proposed.
Sewer: Sewer is not currently available to this property.
The nearest sewer main is located to the south of Mt. Comfort Road. This area of
town has been identified as an area of concern for sewer service. The Hamestring
Creek lift station is currently being upgraded to handle existing flows and any
development proposed at the time of the study earlier this year. This upgrade
should be completed this summer.
Fire: The subject property is located 3 .4 miles from Fire Station #2. Normal driving
time is 5 min. 9 seconds. Water supply will be necessary for this property to
develop.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to RSF-4 is consistent with the land use plan and compatible with surrounding land uses in the
area.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
K.'Tepom12003WC RUOR7nO8-I51rzn03-18mger_rmdoc
Finding: The proposed zoning for a single family residential subdivision is compatible
with proposed adjacent and nearby residential uses. The general plan
designates this area for residential uses. Access and provision of adequate
services must be considered as this site is at the outskirts of the city and
located on a street which needs improvement.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns making use of existing infrastructure. The rezoning is
needed for the development of a single family subdivision as proposed by the
applicant. A subdivision in the R-A district could be developed, however the
lot size requirement would not allow for efficient use of existing
infrastructure and provide compatibility with adjoining developments.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will provide additional traffic on Mt. Comfort Rd. and
other streets in the area. Off-site improvements would likely be necessary in
order to provide safe access to this site.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would increase population density. The tract under an
R-A, Residential Agricultural designation would allow for a maximum of 36
dwelling units. With the proposed RSF-4 designation, 73 dwelling units
would be permitted. This increases the possible number of residential units
by 100%.
Engineering - The property currently has access to a 4" water line and an 8" along Mt.
Comfort Road. This line will be adequate to serve the proposed density of the site. The site
does not currently have access to sanitary sewer service. If annexed, sanitary sewer will be
required to be extended at the time of development. There is a 15" sewer main located
across the property to the south of Mt. Comfort Road. There will also be 8" sewer mains
installed on the adjacent property for the already approved Clabber Creek 2 Subdivision
which will begin construction soon. All of the lines flow to the Hamstring Creek Lift
Station. The Hamstring Creek lift station is currently being upgraded to handle the
existing flows and any development proposed at the time of the study earlier this year.
This upgrade should be completed this summer. If development occurs on this site, street
K.lRepora00031PC REPOR7S108-2547n03-18_mger_r".do