Loading...
HomeMy WebLinkAboutOrdinance 4592T mLTAO f` m00m0 �' N0000 0 HS O Nm..D�.. �aav mn..m.. mo ORDINANCE NO. 4592 Oa0�mo 4�60. OCOrm I.-OO.. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED "' " OC_00A IN REZONING PETITION RZN 04-1101 AS SUBMITTED BY ONTO AO MICHELLE HARRINGTON ON BEHALF OF GARY BRANDON O � ENTERPRISES FOR PROPERTY LOCATED AT THE SOUTH W x "'No N•• 0 SIDE OF ALBRIGHT ROAD WEST OF GEORGE ANDERSON $A ROAD CONTAINING APPROXIMATELY 9.99 ACRES FROM R- CA A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL Ln = SINGLE FAMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That subject to the ratification of the simultaneous detachment and annexation ordinance by the City of Springdale, the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to RSF-4, Residential Single -Family, 4 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 201h day of July, 2004. • F�3 ;FAYETTEVILLE' = BY ATTEST: APPROVED: EXHIBIT "A" RZN 04-1101 A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S02039'07"W - 18.94 FEET; THENCE S87024502"E 660.07 FEET ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO A POINT FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD BEARS S02034153"W 19.29 FEET, THENCE S87024'12"E - 658.24 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE S02031' 12"W - 330.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT, THENCE N87024'07"W - 658.59 FEET, THENCE N8702412499W - 660.00 FEET TO AN EXISTING FENCE ON THE OCCUPIED WEST LINE OF SAID 40 ACRE TRACT, THENCE N02034'07"E - 330.06 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. Washington County, AR 1 certify this instrument was filed on 08/11/2004 12:07:56 PM and recorded in Real Estate File Number 200y 00032435 Bette Stamps-IClrcuit Clerk by 0 0 NAME OF FILE: Ordinance No. 4592 CROSS REFERENCE: Item # Date Document 1 07/20/04 10rd. 4592 w/Ex. A 2 07/02/04 memo to mayor & city council 3 draft ordinance 4 memo to Planning Commission 5 copy of Future Land Use 6 copy of One Mile View 7 copy of Close Up View 8 Staff Review Form 9 memo to Dawn Warrick 10 Affidavit of Publication 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: 6 2D City Council Ming of July 20, 2004 `%5 `%7 Agenda Item Numbew�w l CITY COUNCIL AGENDA MEMO �i'as,d6� To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator,/ Date: July 2, 2004 Subject: Rezoning request for Harper/Brandon (RZN 04-1101) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 9.99 acres of property from R-A, Residential Agricultural to RSF-4, Residential Single-family, 4 units per acre. BACKGROUND The subject property contains to tracts of property equaling 9.99 acres. The property is currently a vacant field with one single family home located on the northeast corner of property. It is located south of Albright Road and west of George Anderson Rd within the City of Springdale. The property is adjacent to the Fayetteville City limits along its southern boundary where it abuts approximately 10 acres of property annexed and rezoned RSF-4 by the City Council on May 4, 2004. The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 dwelling units per acre, should the preceding Annexation request be approved. The developer's intent is to develop a single family residential subdivision as an extension of Copper Creek Ph. II. DISCUSSION On June 28, 2004, the Planning Commission voted 9-0-0 to forward this rezoning request to the City Council with a recommendation for approval with an accompanying annexation request. BUDGETIMPACT None. 0 ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1101 AS SUBMITTED BY MICHELLE HARRINGTON ON BEHALF OF GARY BRANDON ENTERPRISES FOR PROPERTY LOCATED AT THE SOUTH SIDE OF ALBRIGHT ROAD WEST OF GEORGE ANDERSON ROAD CONTAINING APPROXIMATELY 9.99 ACRES FROM R- A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE. 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, 4 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'refl_ ect;the zoning change provided in Section 1 above. PASSED AND APPROVED this day of , 2004. APPROVED: By: �. DAN COODY, Mayor ATTEST:�� By: Sondra Smith, City Clerk EXHIBIT "A" RZN 04-1101 A PART OF THE SOUTHEAST QUARTER (SE %<) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID_ POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON'SET,ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S02039107"W L 18.94 FEET; THENCE S87024'02"E 660.07 FEET ALONG THE NORTH LINE OF.SAID 40 ACRE TRACT TO A POINT FROM WHICH A REFERENCE IRON SET OMTHE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD BEARS S02034'53"W 19.29\FEET, THENCE,S87024'122'E - 658.24 FEET ALONG SAID NORTH LINE TO THE -NORTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE S02031' 12"W - 330.00 FEET ALONG THE EAST LINE OF SAID 40 ACRE TRACT, THENCE N87°24'QT'W=\658.59 FEET, THENCE N87024'24"W - 660.00 FEET TO AN EXISTING,FENCE;ON jHE OCCUPIED WEST LINE OF SAID 40 ACRE TRACT, THENCE N02034'0799E - 330.06 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. It e\ I 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 28, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: June 23, 2004 RZN 04-1101: Rezoning (HARPER/BRANDON, 61): Submitted by MICHELE, A HARRINGTON for property located at THE S SIDE OF ALBRIGHT ROAD, W OF GEORGE ANDERSON ROAD. The property is zoned R-A, Residential Agricultural and contains approximately 9.99 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. Property Owner: CRAIG & KARYN HARPER Submitted on behalf of GARY BRANDON Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. COMMISSION ACTION: YES O Approved O Denied Date: June 28, 2004 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: July 20, 2004 0" reading if recommended) BACKGROUND: Please reference the associated ANX 04-1100 staff report for additional background information. Property description: The subject property contains to tracts of property equaling 9.99 acres. The property is currently a vacant field with one single family home located on the northeast corner of property. It is located south of Albright Road and west of George Anderson Rd within the City of Springdale. The property is adjacent to the Fayetteville City limits along its southern boundary where it abuts approximately 10 acres of property annexed and rezoned RSF-4 by the City Council on May 4, 2004. Request: The applicant is requesting the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 dwelling units per acre, should the preceding Annexation request be approved. The developer's intent is to develop a single family residential subdivision as an extension of Copper Creek Ph. I1. When property is annexed into the City, it is annexed as R-A, Residential Agricultural. If annexation request ANX 04-1100 is recommended for approval to City Council, the applicant would like to rezone the 9.99 acres to RSF4, Residential Single -Family, 4 units per acre. Recommendation: Staff recommends approval of the rezoning request based on the findings included in the staff report. Future development on this site will be regulated by the City to ensure adequate services, infrastructure, connectivity and consistent development within the surrounding area. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single-family on laze lots City of Springdale South Vacant RSF-4, Residential Single Family, 4 units per acre East Single-family on large lots City of Springdale West Vacant field City of Springdale INFRASTRUCTURE: Streets: George Anderson Road is not an improved roadway. At the time of development, street improvements will be recommended for the property frontage to widen the street to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. The east side of the roadway will be in the county, and will need to be improved to current county standards. Albright Road will need to be improved to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. Surrounding Master Street Plan Streets: North: Albright Rd. (no classification) South: Zion Rd (collector) East: George Anderson Rd. (collector) and Howard Anderson Rd. West: Copper Creek Dr. (local) Water: The property will have access to an 8" looped water main system that is being installed with Copper Creek Phase 2 subdivision. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within the development. The developers engineer will need to provide calculations to show that there is adequate capacity in the Stonewood lift station. Upgrades to these stations and/or force mains may be required. Fire: The subject property is located 4.73 miles from the Fire Station #4. Normal driving time is estimated at 13-14 minutes with an approximate response time of 13-14.5 minutes at maximum development. The property.is located 3.36 miles from future Fire Station #5 at 833 Crossover Rd with a response time of 8-9 minutes and an estimated response time of 8-9.5 minutes at maximum build out. Police: It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 has no designation for this property. The property to the south of this has been identified for Residential use and zoned RSF-4. FINDINGS OF THE STAFF 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 for a single family residential subdivision is compatible with the zoning to the south. Adjacent property to the east and west are within the City of Springdale. The land to the north and east is utilized for single family residential and agricultural uses, with vacant property to the west. The Springdale city limit and Albright Rd. create the northern property boundary and is developed for single family use. The general plan has no designation for this area as it is outside the City's Planning Area. The proposed zoning is, however, compatible with the surrounding zoning and designation for residential development on the Future Land Use Plan. Access and provision of adequate services must be considered as this site is at the outskirts of the city'and located on streets which need 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. A higher density than the R-A zoning district allows for development of a subdivision with density appropriate in this area, and would provide compatibility with the adjoining development. In order to develop a residential subdivision on this property in a manner that is consistent with the surrounding property, a residential zoning district is needed. 3. A determination as to whether the proposed zoning would create or appreciably increase 0 traffic danger and congestion. Finding: The proposed zoning will provide additional traffic on Zion Rd to the south, George Anderson Rd to the east, and the infrastructure both existing and being constructed within Copper Creek Phases I and II. Improvements to George Anderson Rd and Albright Rd will be evaluated at the time of development 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 9.99 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 4 dwelling units (1 per 2 acres). With the proposed RSF-4 designation, 39 dwelling units would be permitted. This increases the possible number of residential units substantially, but is consistent with zoning in the immediate vicinity. Engineering - George Anderson Road is not an improved roadway. At the time of development, street improvements will be recommended for the property frontage to widen the street to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. The east side of the roadway will be in the county, and will need to be improved to current county standards. Albright Road will need to be improved to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks. The property will have access to an 8" looped water main system that is being installed with Copper Creek Phase 2 subdivision. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The site will have access to an 8" sewer main that is being installed with Copper Creek Phase 2 subdivision. Sewer will need to be extended within. the development. The developers engineer will need to provide calculationsto show that there is adequate capacity in the Stonewood lift station. Upgrades to these stations and/or force mains may be required. Fire - The subject property is located 4.73 miles from the Fire Station #4. Normal driving time is estimated at 13-14 minutes with an approximate response time of 13-14.5 minutes at maximum development. The property is located 3.36 miles from future Fire Station #5 at 833 Crossover Rd with a response time of 8-9 minutes and an estimated response time of 8-9.5 minutes at maximum build out. Police - It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A 161.07 District RSF4, Residential Single - Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 Ci -wide uses by right 11 unit 1 Sin letj m dwellin (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protecflon and utility facilities Unit 4 Cultural and recreational facilities Unit9 Two-famil dwellin s Unit 24 Home omu ations Unit 36 Wireless communications facilities (C) Density. Single-family dwellin s Two-family dwellin s Units per acre 1 4 or less 1 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellin s Lot minimum width 70 ft. 80 ft. Lot area minimum 8,006 sq. ft. 12,000 sq. ft. Land area per dwellin unit 8,000 sq. ft. 6,000 sq. ft.. (E) Setback requirements. Front Side Rear 25 ft. I 8 ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) ANSWERS TO ITEM #5 APPLICATION FOR REZONING 5. A written description of this request addressing the following items. a. Current ownership information and any proposed or pending property sales. Current owners are Craig and Karyn Harper; Gary Brandon Enterprises, Inc. is assisting them with this development. b. Reason (need) for requesting the zoning change: The proposed zoning is needed in order to develop this property into RSF4 single family residential use. c. Statement of how the property will relate to surrounding properties in terms of land use, traffic, appearance, and signage: This development will be similar to the other R-1 development to the south, Copper Creek Phase III, and will be compatible re land use, traffic, appearance, and signage. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division: Currently utilities have not been installed to the subject property, but it is intended that this development will tie onto the 8" water and 8" sewer lines currently e)dsting in Copper Creek Phase III which is to the south. ANSWERS TO ITEM #6 APPLICATION FOR REZONING 6. The Planning Commission is required to make specific findings with regard to this application. The following are the written statements of the applicant: a. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. RSF4 subdivision on this land is consistent with the development in the area and the land use plans and objectives of the City of Fayetteville. b. Whether the proposed zoning is justified and/or at the time of the request. RSF4 zoning is the same as the surrounding property and compatible with the area, therefore is justified at this time. c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. Although traffic will be increased slightly, Hwy 265 is sufficient to handle any increase. d. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Density will be the same as the other RSF4 developments in the area and is not expected to undesirably increase the load on public services. e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The existing zoning of A-1 does not allow for the proposed highest and best use of this land, which is that of RSF4 residential development. FaveCeville Fire Denarlment Service Odlvent Imnaet: Zonino Review June 21.2004 vmfoctee Projacba Rolette4 FlralOtier S a Fmf,ata4 Begwnea far far "In or rvi for Sat ilea to Pralwaal n Serum. a Servka al ,t CbsastFln Mwicafmm Raseanm nma Ana,tMuimum Y,ximmn Maximum Maximunt ann SuadlyYlon Annexation Acres et,0an Fla St,nort to PmposU an, BUIm 0ut Bui14 QA Bwm Out BuildO BW14 Out /WA ua-ruou mannom RZN 04-1084 Mannoni ANX 04-1090 Hays RZN 04-1091 Hays RZN 04-1099 Brisial ANX 04-1100 Harper/Brandon RZN 04-1101 Harper/Brandon RZN 04.1102 BmdbenyNVooly. RZN 04-1103 Collins RZN 04-1104 Goff I:Y4:[rZS6Li1T315tlfllf d'� �insufficient Data for Calculations roA9 Fumre rs r u.ava miles 1 minute 1-a.a minutes 72/year 29tyear 43tyear 37.3 Future FS 7 1.97 miss 4-5 minutes 4-6.5 minutes 34tyear /3tyear 21/year Future FS 7 2.13 miles 5-6 minutes 5.6 minutes ?/year .90/year 1.2year 9.99 FS 4 4.73 miles 13-14 minutes 13-14.5 minutes Future FS 5 3.36 miles 8-9 minutes 8-9.5 minutes 9/year 31year 6/year FS 1 0.337 miles 1 minute 1 minute FS 2 0.633 miles 34 minutes 3-4 minutes 5/year 2/year 3year FS 5 3.11 miles 8.9 minutes 8-9.5 minutes 161year "ear 10/year Future FS 3 2.33 miles 5-6 minutes 5-6.5 minutes 16/year 61year 101year FS 1 0.476 miles 1-2 minutes 1-2 minutes • -i Overvl Legend Subject Property Boundary Master Street Plan - - RZN04-1107 .,i Planning Area � Freeway/Expressway rp000g �. Streets 0° Overlay District Principal Arterial Existing o Outside City Minor Arterial Collector _ _---i Planned Historic Collector 0 125 250 500 750 1,000 Feet RZN04.1101 HARPER / BRANDON One Mile View �44 NI It f �y a a.�,a Y - x •�. �� 1l. a # y fe .t44' i' It lit it ! s ..All j I I RA j �v G I IF SUBJECT PROPERTY i w ^ . I��- �. 41 {1 RSi _ Rai RSF_4 J ) J- .tom , is )PRN�� KE AYE' EVILLE �:7 '� i1 L r { sr.Ti�Giib _ RSIIt I it qI �- iIt c .I.' 1 - IN ZtSN RDA LL_ 1 4 RiO �A N it NN PL R-0 Sl R-0 j • yyq 44 RRT IGI�Gi— RA % f <P'�.. fy x 7. 1 \ it IN .nIt t s L: It r, {J' �yynyl twy ,I j 4 1. i i'; RrT � I i pltl1 -'- Ig III Overview ❑ ' Legend _ Subject Property Master Street Plan RZN04-1101 Boundary ' FiB°^at'��y ��.0 Planning Area r'nRURSI Arsenal stnrets ! ' A000a `MulorMWl �.i Edst'up coaoo$ Overlay District Outside City 0*00 tlistMc Cole 0 0.1 0.2 0.4 0.6 0.g Miles RZN04-1101 HARPER / BRAN DON Close UpMew t4 W �W' yR Y ll I t n RSF-4p 4 'Ail 1.;. Ovel Tel y fi- 41 i S *� Z 1 +,n d � � v Z � RSF-4 RSF-4 Legend ®0008 Oreday Dlabd ®Prinpoal Nterial ROODWAY — Master Street Plan ®Minor Arterial YEAR —100 Master Street Plan Caaas r 500 YEAR — i Ficrway/Evressway sews ttisbric Cdleda a:= --+LIMIT OF STUDY — — - BaseLine Pile RZN04-1101 O Fayetteville Outside city 0 125 250 500 750 1,000 R } STAFF REVIEW FORM - NON-FINANCJAL OBLATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: July 20, 2004 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION RZN 04-1101: (Harper/Brandon, pp 61) was submitted by Michelle Harrington, Attorney on behalf of Gary. Brandon Enterprises for property located south of Albright Road west of George Anderson Road containing approximately 9.99 acres. The request is to rezone the subject property from R-A, Residential Agricultural to RSF-4, Residential Single Family, four units per acre. STAFF RECOMMENDATION: Approval. Received in Mayor's Office -1 to Date ^' ?(n Date Department Director Date Finance & Internal Services Dir. Date Chief §dmwinistrative Officer Date L11 e7 L Mayor Date Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes No .a FAYETTEIALLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville,.AR 72701 Telephone: (479) 57"323 DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-PearmanF\ City Clerk Division Date: July 23, 2004 Re: Ordinance No. 4592 Attached is a copy of the above ordinance passed by the City Council, July 20, 2004, approving RZN 04- 1101, which rezones property located south of Albright Road and west of George Anderson Road containing 9.99 acres. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am Legce4 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: 460 Q was inserted in the regular editions on 1 04, '* Publication Charge: $ Subscribed and sworn to before me this day of Tk�k� 2004. Notary Public My Commission Expires: " Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas RECEIVED WASHINGTON COUNTY My Commission Expires 07. 55-2013 JUL 2 8 2W CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETl-EVILLE, ARKANSAS 72702 • (501) 442-1700 AN REZONING PETITION RZ THAT PROPERTY DESCRIBED IN ye ev11e REZONING PETITION RGTHAT PR ER SUBMITTED BY �,^µ MICHELLE HARRINGTON ON BEHALF OF GARY BRANDON ENTERPRISES FOR PROPERTYLOCATEDAT THE SOUTH Aaaax5A5 SIDE OF ALBRIGHT ROAD WEST OF GEORGE ANDERSON ROAD CONTAINING APPROAMATELY 9.99 ACRES FROM A.A. RESIDENTIAL AGRICULTURAL TO RSF4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE BB R ORDALIIEO BY THE CM COUNCIL OF THE CRY OF PAYHITEVILLE, AIINANBAB: Section 1: That subject to the ratification of the simiMaleous detachment end eonexatah ardinahoe by the Ory of Springdale, the zone dosctcation Of ft folabng described >ooerfy is hereby Changed W follows: From R-A, Residential Agricultural to RSF-4, Residential Single -Family, 4 Units Per Acre as shown in ErNbt'A' attached hereto end mean a part hereof. Section 2: That the offolal zoning map of the City of FeyetteAle, Arkansas, Is hereby amended to reflect the zoning Marge provided In Sector 1 above. PASSED Mtl APPROVED 20th day, of Jdy. 2004. L-in EXHIBIT'A' RZN 04-1101 A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 114) OF SEC- TION DGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH. RANGE TWENTY-NINE (29) WEST, WASHINGTON CWNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIFE BEGINNING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING IN ALBRIGHT ROAD AND FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF SAID ROAD BEARS S=9D7'W - 16.94 FEET. THENCE 387°24'02'E 660.07 FEET ALONG THE NORTH UNE OF SAID 40 ACRE TRACT TO A POINT FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD BEARS S02034'53'W 1929 FEET. THENCE S87024'12'E-658.24 FEET ALONG SAID NORTH UNE TO THE NORTHEAST CORNER OF SAID 40 ACRE TRACT, THENCE S02.31'12V - 330.00 FEET ALONG THE FAST LINE OF SAID 40 ACRE TRACT. THENCE N87024'07V - 658.59 FEET, THENCE N87.24'24'W - 660.00 FEET TO AN 03ST- ING FENCE ON THE OCCUPIED WEST UNE OF SAID 40 ACRE TRACT, THENCE N02634'07'E - 330.06 FEET ALONG SAID WEST UNE TO THE POINT OF BEGINNING. RECEIVED JUL 2 8 204 CITY OF FAYEPTEVILLE CITY CLERK'S OFFICE