HomeMy WebLinkAboutOrdinance 4593ORDINANCE NO.4 5 9 3
Doc 007554050002 TVPe. REL
Recorded: 08/11/2004 at 12:08:06 PM
Fee Amt: $11.00 Pace 1 of 2
Mashlnoton Countv. AR
Bette Stamos Clrcult Clerk
Flle2004-00032436
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1099 AS SUBMITTED BY TIM
BRISIEL FOR PROPERTY LOCATED SOUTH OF MT.
COMFORT ROAD AND WEST OF ALPINE AVENUE
CONTAINING APPROXIMATELY 2.19 ACRES FROM P-1,
INSTITUTIONAL 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 P-I. Institutional 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 201h day of July, 2004.
APPROVED:
•ram �..
;FAYETTEVILLE; _ By: G
.:• : ` DAN COODY, Mayor
ATTEST:
By: 6amZC4=:�
SONDRA SMITH, City Clerk
I
EXHIBIT "A"
RZN 04-1099
PART OF THE NW '/4 OF THE SE'/4 OF SECTION 6, T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NW '/4, SE '/4 THENCE
N890441991W 345.16 FEET, THENCE S00025'55"W 310.30 FEET TO THE P.O.B.,
THENCE S00025'55"W 349.64 FEET, THENCE N89045'0019W 310.00 FEET, THENCE
N00025'55"E 280.13 FEET, THENCE S890431O171E 190.00 FEET, THENCE N00025155"E
70.00 FEET, THENCE S89034905"E 120.00 FEET TO THE P.O.B.; CONTAINING 2.19
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF
RECORD.
Washington County, AR
I certify this instrument was filed on
08/11/2004 12:08:06 PM
and recorded in Real Estate
File Number2004-00032436
Bette stamps - Ci cuit Clerk
by
a
NAME OF FILE: Ordinance No. 4593
CROSS REFERENCE:
Item # Date Document
1 07/20/04 Ord. 4593 w/Ex. A
2 07/02/04 memo to mayor & city council
3 draft ordinance
4 memo to Planning Commission
5 letter fro Brisiel
6 Exhibit A
7 copy of lots
8 letter from police department
9 New Development Impact on Fire/Rescue Service Delivery
10 copy of Close Up View
11 copy of One Mile View
12 copy of Future Land Use
13 copy Planning Commission Minutes
14 Staff Review Form
15 memo to Dawn Warrick
16 Affidavit of Publication
17
18
19
20
21
22
23
24
25
NOTES:
• %1 w1 d
City Council Mee ing of July 20, 2004 1f5S3
Agenda Item Number 0U-/D9�//
CITY COUNCIL AGENDA MEMO 6rl5 /4L.
To: Mayor Coody and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator Fir
Date: June 29, 2004
Subject: Rezoning request for Brisiel (RZN 04-1099)
Planning Staff recommends approval of the requested rezoning for Brisiel. This action
will rezone a 2.19-acre tract of land from P-1, Institutional to RSF-4, Residential Single
Family, 4 DU/Acre. The request is to rezone the subject property to RSF-4.
BACKGROUND
Property Description: The subject 2.19 acre tract of land is located on the south side of
Mt. Comfort Road, immediately south of Fayetteville Baptist Church. Surrounding
properties are zoned RSF-4 and are developed as either single family residential units or
agricultural land. The subject tract is currently vacant, and is part of an overall 8.22-acre
church -owned tract of land the applicant is attempting to purchase.
Proposal: The applicant requests a rezoning from P-1 to RSF-4 to allow for development
of single family homes at a maximum density of four (4) dwelling units per acre. The
applicant intends to purchase and develop approximately 5.5 acres of property, with a
maximum total number of units not to exceed 22.
On June 28, 2004, the Planning Commission voted 9-0-0 to forward this item to the City
Council with a recommendation for approval of the rezoning.
BUDGETIMPACT
None.
• 0
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1099 AS SUBMITTED BY TIM
BRISIEL FOR PROPERTY LOCATED SOUTH OF MT.
COMFORT ROAD AND WEST OF ALPINE AVENUE
CONTAINING APPROXIMATELY 2.19 ACRES FROM P-1,
INSTITUTIONAL TO RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE. j
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 P-1, Institutional 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\tfie official zoning map of'the City of Fayetteville,
Arkansas, is hereby amended to reflect the'Zoning change provided in
Section 1 above. 0i
PASSED AND,APPROVED this day of , 2004.
APPROVED:
By:
DAN COODY, Mayor
i
ATTEST: /
ii
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 04-1099
PART OF THE NW % OF THE SE'/4 OF SECTION 6, T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NW '/4, SE %4 THENCE
N89044' 19"W 345.16 FEET, THENCE S00025155"W 310.30 FEET TO THE P.O.B.,
THENCE S00025'55"W 349.64 FEET, THENCE N89045'00"W 310.00 FEET, THENCE
N00025'55"E 280.13 FEET, THENCE S89043'01"E 190.00 FEETJHENCEN00025'55"E
70.00 FEET, THENCE S89034'05"E 120.00 FEET TO THE P:O:B.; CONTAINING 2.19
ACRES MORE OR LESS SUBJECT TO EASEMENTS,/AND�RIGHT OF WAY OF
RECORD. �
n
.) •
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: Jeremy Pate, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: June 21, 2004
RZN 04-1099: Rezoning (BRISIEL, 363): Submitted by TIM R. BRISIEL for property located
at THE S SIDE OF MT COMFORT RD, W OF ALPINE AVENUE. The property is zoned P-1,
INSTITUTIONAL and contains approximately 2.19 acres. The request is to rezone the subject
property from P-1, Institutional, to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: FAYETTEVILLE BAPTIST CHURCH Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: :Approved
YES
C�3 Approved O Denied
Date; June 28, 2004 Uw�a}mmy«sc 9-0
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: July 20, 2004 (1" reading if recommended)
Comments:
BACKGROUND:
Properly description: The subject property is located south of Mt. Comfort Road, west of Alpine
Drive, directly behind the Fayetteville Baptist Church. Surrounding properties are zoned RSF-4
and either developed as single family residential homes or agricultural land. The 2.19-acre tract is
currently vacant, and is a part of the overall 8.22-acre church -owned tract, immediately south of
the church building, house and parking lot.
K.'1Reports110041PC Report006-28-04VtZV 04-1099 (BWSLEL).do
Proposal: The applicant proposes a rezoning of the subject property to facilitate development of
a single family residential subdivision in the future. The property surrounding the church is
zoned P-1, Institutional, a zoning district which includes uses such as churches, universities,
hospitals, schools, etc. Surrounding properties are all zoned for single family use and designated
as Residential on the Future Land Use Plan.
Request: The request is to rezone the subject property from P-1, Institutional to RSF-4, Single
Family Residential, 4 units per acre.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Fayetteville Baptist Church
P-1, Institutional
South
Vacant, agricultural l
RSF-4, Res. Single Family, 4 DU/acre
East
Single familyhomes
RSF-4, Res. Single Family, 4 DU/acre
West
Single familyhomes on large lots
RSF-4, Res. Single Family, 4 DU/acre
INFRASTRUCTURE:
Streets: Currently the site does not have direct access to a public right-of-way. Access
will most likely be proposed from Mt. Comfort Road to the north of the site.
Street improvements will be evaluated at the time of development.
Water: The property currently does not have access to public water. An off -site water
main extension will be required to serve this development. The main will need to
be extended from the 12" main along Mt. Comfort Road north of this site.
Sewer: The site currently does not have access to sanitary sewer. An off -site sewer main
extension will be required to serve this development. The main may be extended
from the existing sanitary sewer main located on Alpine Avenue to the east of this
site.
Fire: The subject
property is located 2.13
miles from the future Fire
Station #7 on
Rupple Road.
Fire response time
is approximately 5-6 minutes.
Projected service
calls for the
subject property, at maximum build -out, is 2 calls
per year.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density and thereby undesirably increase the
load on police services.
K. IReports110041PC ReporaI06-18-04WZN 04-1099 (BRISIEL).do
LAND USE PLAN: The Future Land Use Plan designates this site for Residential use. Rezoning
this property to RSF-4 is consistent with the land use plan and is compatible with surrounding
land uses in the area.
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 rezoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. Surrounding
properties are residential in nature, with the exception of the church, and
those that are vacant agricultural lands are currently zoned for residential
use. The proposed RSF-4 zoning is compatible with adjacent properties, and
allows for a more orderly pattern of growth.
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 and needed in order to facilitate the Future
Land Use plan for residential land use on this property as well as provide the
applicant an opportunity to utilize the subject property in an appropriate
manner that is compatible with adjacent land uses.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Future development with the proposed zoning would potentially increase
traffic accessing onto Mt. Comfort, however the increase would not cause
appreciable increase in traffic danger and congestion in the area.
Police — It is the opinion of the Fayetteville Police department that an appreciable
increase and traffic danger and congestion will not be created by this
rezoning request.
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 not substantially alter the population density in
the area. Public service providers have responded accordingly:
Police — This rezoning will not substantially alter the population density thereby
undesirably increasing the load on police services.
KlReporaI20041PC Reponv106-28-04VUN 04-1099 (RR/SLEL).do
Fire— Response time to the subject property (actual drive time) is approximately 5-
6 minutes (approx. 2.13 miles) from station #7 on Rupple Road. Hydrants
may need to be installed to serve development on this property. Projected
service calls for the subject property, at maximum build -out, is 2 calls per
year.
Engineering - Currently the site does not have direct access to a public right-of-way.
Access will most likely be proposed from Mt. Comfort Road to the north of
the site. Street improvements will be evaluated at the time of development.
The property currently does not have access to public water. An off -site
water main extension will be required to serve this development. The main
will need to be extended from the 12" main along Mt. Comfort Road north of
this site.
The site currently does not have access to sanitary sewer. An off -site sewer
main extension will be required to serve this development. The main may be
extended from the existing sanitary sewer main located on Alpine Avenue to
the east of this site.
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
K. IReports120041PC Reports106-28-04VtZN 04-1099 (BRISIEL).doc
161.07 District Rsf4, Residential Single -Family — Four Units Per Acre
(A) Purpose. The RSF4 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.
11 Unit 1 City-wide uses by right
Unit 8 Sin le-famil dwellin
(2) Conditional uses.
Unit 2 City-wide uses by conditional use pernnit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellin s dwellin s
Units er acre 4 or less 7 or less
(D) Bulk and area regulations -
Single -family Two-family
dwellings dwellings
Lot minimum width 70 ft. 80 ft.
Lot area minimum 8,000 sq. ft. 12,000 sq. ft.
Land area per 8,000 sq. ft. 6,000 sq. ft.
dwellin unit
(E) Setback requirements.
FrontI Side Rear
25 ft. 1 8 ft. 1 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.
K. Vteporal20041PC Reporal06-28-04ViZN 04-1099 (BRISIEL).doc
1 •
161,22 District P-1, Institutional
(A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public
institutions and church related organizations.
(B) Uses.
(1) Permitted uses.
Unit 1 Ci -wide uses by right
UnR 4 Cultural and recreational facilities
(2) Conditional uses.
Unit 2
Ci -wide uses b conditional use permit
Unit 3
Public protection and utility facilities
Unit 26
1 Multi-famil dwefin s
Unit 36
1 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the right -of-
way and the building
50 ft.
Side
20 ft.
Side, when contiguous to a residential district
25 ft.
Rear
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no maximum height limits in P-I Districts, provided, however, that any
building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a
distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 60 % of the total area of such lot.
K. IReporls12004NC ReporUI06-28-04VtZN 04-1099 (BR(S1EL).doc
Exhibit A
Legal Description of property to be rezoned (P-1 to RSF-4) for:
Applicant: Tim Brisiel
Owner: Fayetteville Baptist Church
Part of the NW1/4 of the SEl/4 of Section 6, T16N, R36W in Washington County,
Arkansas and being more particularly described as follows: Commencing at the NE
corner of said NW 1/4, SEIM thence N89°44' 19"W 345.16 feet, thence S00°25'55"W
310.30 feet to the P.O.B., thence S00025'55"W 349.64 feet, thence N89°45'00"W 310.00
feet; thence N00°25'55"E 280.13 feet, thence S89°43'01"E 190.00 feet, thence
N00025155"E 70.00 feet, thence S89°34'05"E 120.00 feet to the P.O.B.; Containing 2.19
Acres more or less subject to easements and right of way of record.
EXHIBIT "A"
PROPERTY TO BE REZONED
AS SUBMIT7F, V-T IE APPLICF
Applicant Signature:
Date:
MAY 2 0 2004
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FAYE 1"TEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
June 18, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
RZN 04-1099: Rezoning (Brisiel, pp 363) for property located on the south side of Mt.
Comfort and west of Persimmon ST. would substantially alter the population density and
thereby undesirably increase the load on public services or create and appreciable
increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this annexation 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.
Sincerely,
leutenant `wn
Fayetteville Police Department
AYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE IMA WEST ROCK STREET 72701
.Q BOX 1988 JAIL 140-A WEST ROCK STREET 72701
AYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX: 501-587,3522
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Close Up View
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Overview Legend Boundary
Subject Property �- Master Street Plan
Planning Area
RZN04-1099 rr000a
Overlay District � Freeway/Expressway
of 000000° Principal Arterial
L _ I City Limits
�. Existing Wi Outside City 40%4I Minor Arterial
40 ♦ � Collector
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Historic Collector
0 75 150 300 450 600
Feet
Planning Commission • •
June 28, 2004
Page 91
RZN 04-1099: Rezoning (BRISIEL, 363): Submitted by TIM R. BRISIEL for property
located at THE S SIDE OF MT COMFORT RD, W OF ALPINE AVENUE. The
property is zoned P-1, INSTITUTIONAL and contains approximately 2.19 acres. The
request is to rezone the subject property from P-1, Institutional, to RSF-4, Residential
Single-family, 4 units per acre
Ostner: The next item on our agenda is another Rezoning. It is RZN 04-1099 for
Brisiel.
Pate: This property is located on the south side of Mt. Comfort Road west of
Alpine Avenue. The property that is directly south of the Fayetteville
Baptist Church. It contains approximately 2.19 acres and is currently
zoned P-1, Institutional. The future land use plan designates this
particular piece of property for residential use. The applicant is requesting
a rezoning to RSF-4, Residential Single Family, four units per acre.
Surrounding properties are zoned RSF-4 and either developed as single
family residential homes or agricultural land currently. The 2.19 acre tract
is currently vacant and is part of an overall 8.22 acre church owned tract
immediately south of that church building, house and parking lot. Access
to the site, there is currently not access from this particular legal
description to Mt. Comfort. Although, the overall tract does have access
to Mt. Comfort. Street improvements likely will be evaluated and will
occur at time of development. The developer is likely to process a
Preliminary Plat for a subdivision in the future for a residential
subdivision not to exceed four units per acre. The proposed rezoning is
consistent with land use planning objectives, policies and principles.
Surrounding properties are residential in nature and are currently zoned for
residential development and use. Response time to the subject property
from the fire department is approximately five to six minutes. It is
approximately 2.13 miles. Staff is recommending approval of this
rezoning request based on the findings in your report.
Ostner: Thank you. Is the applicant present? Could you introduce yourself and
tell us about your project?
Brisiel: Good evening, my name is Tim Brisiel. I am the applicant and developer
of the property in question. I am also joined by Dave Jorgensen, the
engineer working on this project. We are requesting a rezoning of
approximately 2.19 acres from P-1 to RSF-4. As Mr. Pate mentioned, this
property is located about %2 mile west of the intersection of Mt. Comfort
Road and I-540. It is part of a larger tract of land that the church currently
owns, 8.22 acres It is Fayetteville Baptist Church. We have been working
closely over the past couple of months and have reached an agreement for
me to purchase about 5.5 acres for a small, single family subdivision. Of
that 5.5 acres, 2.19 acres is still P-1 from the original tract the church
owns. We are requesting a rezoning of the 2.19 acres from P-1 to RSF-4.
Planning Commission • •
June 28, 2004
Page 92
As the staff report indicated, the impact to all of the municipalities will be
minimal based on just the size of this development. It is a rather small
development on 5.5 acres. We respectfully request the approval of this
rezoning request from P-1 to RSF-4.
Ostner: Thank you. At this time we will take public comment. Is there anyone
who would like to speak to this issue? Seeing none, I will close it to the
public and bring it back to the Commission.
Vaught: My only concern is with access. I assume there is some kind of access, I
don't see an access easement or anything like that with this legal
description but I assume one would have to be conveyed with the
property. It is kind of a weird layout.
Warrick: At this point in time the tract that the church is located on, which is part of
the property that you are considering to rezone, would have a split zoning
designation. That is not necessarily uncommon. It doesn't happen a
whole lot but we do have tracts in the city that have two different zoning
districts applied to them. Upon any request for development we would
have to address access and look at that either at the time of lot split or
Preliminary Plat, whichever is requested in order to develop the single
family subdivision that has been mentioned, there would have to be a
public street developed to provide appropriate access.
MOTION:
Vaught: With that said, I will make a motion to approve RZN 04-1099.
Myers: Second.
Ostner: My comment or question was is that, and it is too soon because we are just
looking at land use, but that access easement, I would hate to be a single
use street. They build a street to access this development and all of the
other open land around it doesn't get to use it.
Warrick: The city does have a policy for connectivity and we will look at that with
any development proposal that we might be reviewing.
Ostner: Great. My next question, is Mt. Comfort a state highway?
Warrick: Our engineer says no.
Ostner: Traffic is bad on Mt. Comfort. We have been incrementally increasing
traffic by tiny amounts for years. At what point do we request a developer
to deal with Mt. Comfort?
Planning Commission • •
June 28, 2004
Page 93
Warrick: It is going to depend on the impact of the development, the number of
units that are being proposed and the access that can be provided. We will
certainly have to look at that and offsite improvements. On Mt. Comfort
the last project that I can recall that we have specifically addressed for
offsite improvements would be a subdivision further out west north of
Bridgeport. A condition of the development was that Mt. Comfort
between that project and Rupple Road be ensured to have a width no less
than 24' and that the Y intersection of Rupple and Mt. Comfort be
improved to provide 22' drive lanes in each of the two branches of that Y.
That is an example of offsite improvements similar to what we were
talking about on 540' Street earlier today where that was a development at
the far reaches of the city limits that caused a need for greater offsite
improvements because of the unavailability. It didn't really have good
available adequate infrastructure and we wanted to ensure that there was
improvement to hopefully reach that.
Ostner: Just to state it bluntly. What if everybody comes forward with two acre
developments?
Warrick: We are going to review what we get. I don't know how to evaluate that
without some sort of project.
Ostner: I understand.
I'm just frustrated
at things like this.
This is a two acre
development.
I am in favor of it.
I'm frustrated about
Mt. Comfort. We
have a motion
and a second, is there further discussion?
Renee?
Roll Call: Upon
the completion of
roll call
the
motion to recommend approval of
RZN
04-1099 to the City
Council
was
approved by a vote of 9-0-0.
Thomas: The motion carries by a vote of nine to zero.
STAFF REA FORM - NON -FINANCIAL OBLIWION
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 04-1099 (Brisiel, pp 363) was submitted by
Tim Brisiel for property located
on the south side of Mt.
Comfort Road, west of Alpine Avenue
containing
approximately 2.19 acres. The
request is to rezone the
subject
property from P-1, Institutional
to RSF-4,
Residential Single Family, four
units per acre.
STAFF RECOMMENDATION
Department Director
Finance & Internal Services Dir.
diefA8miRistrative Officer
Mayor
Approval.
014 Received in Mayor's Office
D to Date
Jljld4
Date
Date
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
Date
Date
Orig. Contract Number:
New Item:
Yes No
FAYETTEXALLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575.8323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: July 23, 2004
Re: Ordinance No. 4593
Attached is a copy of the above ordinance passed by the City Council, July 20, 2004, approving RZN 04-
1099, which rezones property located south of Mt. Comfort Road and west of Alpine Avenue containing
2.19 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
' WALI I Al A
,� � • ,.N: �74N , I ,
AFFIDAVIT OF PUBLICATION
I, &1 solemnly swear that I am
Lega 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:
was inserted in the regular editions on
"" Publication Charge: $ lco•l't
Subscribed and sworn to before me this
day of
Notary Public
My Commission Expires:
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
RECEIVED
JUL 2 9 2W
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
2004.
NO. 4593
Ah INANCE
ONING THAT PROPERTY DESCRIBED IN'
BRISOIERLOFOR PROPERTY LOCATED SOUTH FO ML COMFORT V V / 1 1V
REZONING PETITION RZN 04-1099 AS SUBMfTTED BV PM
ROAD AND WEST OF ALPINE AVENUE CONTAINING APPROX. ARKAKjA4
IMATELY 2.19 ACRES FROM P-1, INSTITUTIONAL TO RSF4.
RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE
Be IT ORDAINED eY THE CRY COUNCIL OF THE CRT OF FAYETTEWILLE, ARNANEASt
SectioOil: That the zone dassificatiort of YN fdbA4g tlescribad property ie hereby Charged as folOv.9:
From P `1. NstituttoW to RSF4, Residettiel Strafe-Fem9y, Fw Lhet Par Aote as shervn In EM4M •A"
attached hereto artd more a pen hereof.
That the offidal zodrg rap of the ary of Fayetteville. AAartgav, is hereby emende0 to reflect
CIOW provided inSe 1 eoov6.
end APPROVED 201h day Of July, 2004.
ATTEST:
By.
SONDRA SMRN, Cft Clint
EXHIBIT'A"
RZN 04-1099
THE NW 1/4 OF THE BE 1/4 OF SECTION S. TI6N. R30W IN
S AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW'
ER OF SAID NW 1/4. SE 114 THENCE N69944.1M 345.16 FEE
Er TO THE�P.O.S.. THENCE S00°25'ssw UO A4 rrFT neck
212 NORTH EAST AVENUE IF P.O. BOX 1607 IF FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700