HomeMy WebLinkAboutOrdinance 4520 ORDINANCE NO, 4520
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03-27.00 AS SUBMITTED BY
GEOFF BATES OF KEYSTONE CONSULTANTS ON BEHALF
OF CAROL STEPHENS FOR PROPERTY CONTAINING 1 .08
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 I above.
PASSED and APPROVED this the 7`h day of October, 2003.
kr F
l . F T
i ��; •' kj e� APPROVED:
r' By:
s
r DAN CO DY, Mayo
*44
i
By:
SONDRA SMITH, City Clerk
IIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 006635800002 Tvoe : REL
Recorded : 10/24/2003 at 09 : 14 : 34 AM
Fee Amt : $11 . 00 Pace 1 of 2
Washinaton Countv . AR
Bette $tamoa circuit Clerk
File2003-00055991
EXHIBIT "A"
RZN 03-27,00
A PART OF THE FRACTIONAL N '/2 OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE
31 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF THE SW '/40F SECTION 31 ,
TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE S0300312891W 882.42 FEET TO A
FOUND IRON PIN, AND THE POINT OF BEGINNING; THENCE S87007 ' 12"E 191 .63
FEET, THENCE S0300115799W 244.64 FEET; THENCE N87°0711299W 192.31 FEET;
THENCE N0301 I '30"E 244.64 FEET, TO THE POINT OF BEGINNING, CONTAINING
465964 SQUARE FEET OR 1 .08 ACRES, MORE OR LESS, AND BEING SUBJECT TO
THE RIGHT OF WAY OF MT. COMFORT ROAD ALONG THE SOUTH SIDE
THEREOF AND ANY EASEMENTS, COVENANTS OR RETSRICTIONS OF RECORD
OR FACT.
Washington County, AR
I certify this instrument was filed on
10/24/2003 09: 14:34 AM
and recorded in Real Estate
File Number 2003-00055991
Bette, Stamps - ircuitClerk
by ! /
V
NAME OF FILE: Ordinance No. 4520
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 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 1 10/17/03 lAffidavit of Publication
NOTES:
10/24/2003 Ifiled with the Washington County Circuit Clerk
NORTHWEST ARKANSASOfDITION
Arkansas Democrat IV O=W
FIECIV
OCT 2 2 2003
CITY OFFAL iiLVILLE
CITY CLERK'S OFFICE
AFFIDAVIT OF PUBLICATION
I , LO H 0IJt Q A lk , do solemnly swear that I am
LegAl 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:
� i , ra I'1 (' p ) 4&�5 ,qn was inserted in the regular editions on
10- 17 -[P,
Po# 03 -(Y M154-M I
** Publication Charge: $
Subscribed and sworn to before me this
ao> k day of do } a 12003.
ORDINANCE HO. 4640
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN -27.00 AS
03 SUBMITTED BY f
Notary Public OF CA BATES OF KEYSTONE CONSULTANTS ON BEHALF
OF CAROL CATED NS FOR PROPERTY CONTAINING 1.m ��/rr
ACRES LOCATED NORTH OF MT COMFORT ROAD AND Cyq Of Fayetteville.
WEST OF RUFFLE ROAD
My Commission Expires: 0 �/a f`/aol� 6E R ORDAINED BY THE CITY COUNCIL OF THE CT OF PAYETTEVILLE, 1ERIUN61E6e
Section 1 . That the zone classification of the following dosenbed property is hereby changed as fellows:
L From R-A, Residential Agncultui to RSF-4, Residential Single-Family, Four Units Per Acre as sham in
�; Exhibit 'A" attached hereto add made a part hereof.
** Please do not a from Affidavit. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect
pay I the zoning change provided! In Seal 1 above.
An Invoice will be sent. PASSED and APPROVED this Ne TN day of Oelobsr, 2003.
APPROVED:
By.
CAN COODY, Mayor
ATTEST.
By:
SONDRA 3MrM CNy Clerk
=Notary
Seal EAHIBIT 'A`
EL ARGO RZN m-27.00
ArkansasA PART OF THE FRACTIONAL N 1/4 OF SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, OF
NCOUNTY THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE
pires 07.25-2013 PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF SECTION 31', TOWNSHIP 17
NORTH. RANGE 30 WEST, THENCE S03°03128V 882.42 FEET TO A FOUND IRON PIN, AND,THE
POINT OF BEGINNING; THENCE S870071FE 191 ,63 FEET, THENCE S03°01BM 244.64 FEET:
THENCE N87-0712"W 192.31 FEET; THENCE NO3"11'3PE 244.84 FEET, TO THE POINT OF
BEGINNING, CONTAINING 46,964 SQUARE FEET OR 1.08 ACRES, MORE OR LESS, AND BEING
SUBJECT TO THE RIGHT OF WAY OF MT COMFORT ROAD ALONG THE SOUTH S1DE THEREOF
AND ANY EASEMENTS, COVENANTS OR RETSRICTIONS OF RECORD OH FACT.
212 NORTH EAST AVENUE Is P.O. BOX 1607 • FAYETTEvICL"E,—ARKANSAS 72702 • (501) 442-1700
i
STAFF INVIEW FORM - NON-FINANCIAL ObOGATION
0 )eb
0 / 7 / 03
x AGENDA REQUEST 41 !5 ZU
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 03-27.00 was submitted by Geoffrey Bates, P.E. of Keystone Consultants, Inc. on behalf of Carol
Stephens for property located at 4270 Mt. Comfort Road. The property is proposed to be annexed into the city
and contains approximately 1 .08 acres. The request is to be rezoned from R-A, Residential Agricultural to
RSF-4, Residential Single-Family, four units per acre.
STAFF RECOMMENDATION:
Staff recommends approval.
p Received in Mayor's Office
D vision Head Ddre Date
(D- . , (J _ z
City Atto ey ate
�..........
Cross Reference:
Department Director Date
Previous Ord/Res#:
MI -63
F nance & Internal Services Dir. Date Orig. Contract Date:
Orig. Contract Number:
Chief mstrative Officer Date
New Item: Yes No
Mayor Date
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 03-27.00 AS SUBMITTED BY GEOFF BATES OF KEYSTONE
CONSULTANTS ON BEHALF OF CAROL STEPHENS FOR PROPERTY
CONTAINING 1 .08 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 ollowing described
property is hereby changed as followsX,
From R-A, Residential Agricultural to�RSF-4, ltesidential Sing eaFamily, Four
Units Per Acre as shown in Exhibit "M14ttached-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 day of 92003
�v� v
APPROVED:
By. T
DAN COODY, Mayor
ATTE T:
By:
Sondra Smith;,Cir7c
EXHIBIT "Al'
RZN 03-27.00
A PART OF THE FRACTIONAL N %3 OF SECTION I . TOWNSHIP 16 NORTH, RANGE
31 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SW 1/40F SECTION 31 ,
TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE S03°03 '28lVN882.42 FEET TOA
FOUND IRON PIN, AND THE POINT OF BEGINNING; THENCE S87°07' 12"E 191 .63
FEET, THENCE S03001 ' 57"W 244.64 FEET; THENCE/197 OT12"W 192.31 FEET;
THENCE N0301 1 ' 303'E 244.64 FEET, TO THE POINT OFeBEG1NNI ,,G, CONTAINING
46,964 SQUARE FEET OR 1 .08 ACRES, MORE ORdbESS; AND BEING SUBJECT TO
THE RIGHT OF WAY OF MT. COMFORT R&D\�ALONG TILT- E�SOUTH SIDE
THEREOF AND ANY EASEMENTS, COVENANTS OR RETSRICTIONS OF RECORD
OR FACT.
0 0
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, AIC
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: August 26, 2003
RZN 03-27.00: Rezoning (Stephens, pp 321) was submitted by Geoffrey Bates, P.E. of Keystone
Consultants, Inc. on behalf of Carol Stephens for property located at 4270 Mt. Comfort Road. The
property is zoned R-A, Residential Agricultural and contains approximately 1 .08 acres. The request is to
be rezoned RSF-4, Residential Single-family, 4 units per acre.
BACKGROUND:
Property description: The subject property is located on the north side of Mt. Comfort Rd. west of Rupple
Rd. There is one duplex on the site. Surrounding properties are undeveloped. Owners of property to the
north and west are also seeking annexation and rezoning at this time. Future development plans include a
phase of Clabber Creek subdivision to the east, a church to the north and a single family subdivision to the
west.
Proposal: No development proposals are associated with this rezoning request.
Request: The applicant wishes to have the property within the city limits and zoned consistently with
adjacent and surrounding properties.
Recommendation: The existing duplex on the subject property will be a non-conforming use in the RSF-4
zoning district, however it may remain as such and be maintained until such time as alterations or additions
are proposed. At that time, it will be appropriate for the Planning Commission to review plans in order to
ensure that the development remains compatible with the surrounding neighborhood. At this time, there is
not much surrounding developments, however subdivisions are developing or are planned in the vicinity
which will change the rural nature of the existing conditions. Staff is recommending approval of the RSF-
4 zoning district for this property because it is consistent with the General Plan 2020 and compatible with
surrounding zoning designations and proposed development.
CURRENTSTATUS:
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:IReporul20031CC REPOR7SlSeptember meetingstrzn03-27_spphens_cc_memo.doc
0 0
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, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: August 21 , 2003
RZN 03-27.00: Rezoning (Stephens, pp 32 1) was submitted by Geoffrey Bates, P.E. of Keystone
Consultants, Inc. on behalf of Carol Stephens for property located at 4270 Mt. Comfort Road. The
property is zoned R-A, Residential Agricultural and contains approximately 1 .08 acres. The request is to
be rezoned RSF-4, Residential Single-family, 4 units per acre.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: August 25, 2003
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 16, 2003 (13/ reading if recommended)
Comments:
BACKGROUND:
Property description: The subject property is located on the north side of Mt. Comfort Rd. west
of Rupple Rd. There is one duplex on the site. Surrounding properties are undeveloped. Owners
of property to the north and west are also seeking annexation and rezoning at this time. Future
development plans include a phase of Clabber Creek subdivision to the east, a church to the north
and a single family subdivision to the west.
K.Weponv110031PC REPORTY08-15hzn03-17_slephens.doc
Proposal: No development proposals are associated with this rezoning request.
Request: The applicant wishes to have the property within the city limits and zoned consistently
with adjacent and surrounding properties.
Recommendation: The existing duplex on the subject property will be a non-conforming use in
the RSF-4 zoning district, however it may remain as such and be maintained until such time as
alterations or additions are proposed. At that time, it will be appropriate for the Planning
Commission to review plans in order to ensure that the development remains compatible with the
surrounding neighborhood. At this time, there is not much surrounding developments, however
subdivisions are developing or are planned in the vicinity which will change the rural nature of
the existing conditions. Staff is recommending approval of the RSF-4 zoning district for this
property because it is consistent with the General Plan 2020 and compatible with surrounding
zoning designations and proposed developments.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Vacant / Agricultural RSF-4
South Sin le Family Residential RSF-4
East Clabber Creek Phase II SFR RSF-4
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 'from 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
K:IRepons12003PC REPORTSI08-2547n03-27_sephens.do
9 0
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, Residential single family, 4 units/acre 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.
Finding: The proposed zoning is consistent with the future land use map of the
General Plan 2020. The single family zoning designation which has been
requested is compatible with existing and proposed surrounding land uses.
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 for the zoning designation to reflect
the current land use occurring on the property and to protect adjacent
developments by ensuring compatible uses.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed rezoning will not result in an increased traffic danger. There
is concern at this time about the amount of traffic on Mt. Comfort Rd.
however this request will not result in the development of new traffic
generators.
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 rezoning will not alter population density in a manner which
would undesirably increase the load on public services. If additional
development is proposed in the future, only 2 additional single family homes
could be constructed under the requested zoning designation.
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
K.WeporesL 0031PC REPOR7YO8-25trrn03-27_s¢phem.d"
