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HomeMy WebLinkAboutOrdinance 4611A 0 ORDINANCE NO, 4611 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1072 AS SUBMITTED BY MILHOLLAND COMPANY ON BEHALF OF VERA JONES FOR PROPERTY LOCATED SOUTH OF HUNTSVILLE ROAD, EAST OF THE STONEBRIDGE ADDITION AND WEST OF ROBERTS ROAD CONTAINING APPROXIMATELY 5.66 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 reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 17`s day of August, 2004. APPROVED: ATTEST: By: S NDRA SMITH, City Clerk 7 F11B2004-00037319 EXHIBIT "A" RZN 04-1072 A PART OF THE SW '/4 OF THE NW '/4 OF SECTION 19, T-16-N, R-29-W OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE ALONG A COMMON LINE BETWEEN RANGE 29 WEST AND RANGE 30 WEST NO2-46-52 E 1320.00 FEET TO THE SOUTHWEST CORNER OF THE NW '/4 OF THE SW'/4 OF SAID SECTION 19, AND CONTINUING THENCE NO2-46-52E 515.60 FEET (DEED CALL 508.70 FEET) AND S87-13-08 E 265.56 FEET (DEED CALL 284.61 FEET) TO THE INTERSECTION OF THE CENTERLINE (DEED CALL TO CENTERLINE OF SAID ROAD, IN LINE WITH FENCE TO NORTH) OF COUNTY ROAD NO. 170 AND A NORTH/SOUTH FENCE; SAID POINT BEING NEAR THE SOUTHEAST CORNER OF STONE BRIDGE MEADOWS SUBDIVISION, AND CONTINUING THENCE ALONG EAST BOUNDARY OF SAID SUBDIVISION NO2-46-01 E 884.49 FEET (DEED CALL 884.84 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING A FOUND IRON PIPE AND AN IRON RE BAR ON THE EAST BOUNDARY OF SAID SUBDIVISION; THENCE N 02-46-01 E 679.44 FEET ALONG SAID EAST BOUNDARY OF SUBDIVISION TO AN EXISTING DEED CALLED FENCE THENCE ALONG SAID DEED CALLED FENCE S87-15-25 E 281.00 FEET; THENCE S02-46-01 W 398.03 FEET; THENCE S87-20-26E 198.67 FEET TO AN EXISTING FENCE CORNER; THENCE 02- 28-59W 281.00 FEET TO AN EXISTING FENCE ON THE SOUTHERN PROPERTY BOUNDARY; THENCE CONTINUING ALONG SAID FENCE N87-20-26 W 481.09 FEET TO THE POINT OF BEGINNING, CONTAINING 5.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. • a Washington County, AR I certify this instrument was filed on 09/09/2004 02:29:40 PM and recorded in Real Estate File Number 2004-00037319 Bette Stamps - QirGb)t Clerk by • 0 NAME OF FILE: Ordinance No. 4611 wlEx. A CROSS REFERENCE: Item # Date Document 1 07/13/04 Imemo to mayor & City Council 2 draft ordinance w/Ex. A 3 memo to Planning Commission 4 copy of Close Up View 5 copy of One Mile View 6 Staff Review Form 7 draft ordinance w/Ex. A 8 memo to Dawn Warrick 9 Affidavit of Publication 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: 09/09/04 filed at Wash. Co. Circuit Clerk 0 0 2D �sIrifoq City Council Meet ,;of August 03, 2004 t4611 Agenda Item Number ZN Oq _/0 i CITY COUNCIL AGENDA MEMO 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 13, 2004 Subject: Rezoning request for Jones (RZN 04-1072) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 5.66 acres of property from R-A, Residential Agricultural to RSF-4, Residential Single Family — 4 units per acre. BACKGROUND The subject property contains approximately 5.66 acres located south of Huntsville Road and west of Roberts Road. The property is currently a vacant field. The surrounding properties within the Planning Area consist of large single family tracts. The subject property is adjacent to city limits along its western boundary where it abuts Stonebridge Meadows Subdivision Phase I. Surrounding properties within the City are zoned RSF-4 and developed as residential subdivisions. The Future Land Use Plan identifies this property as Residential. The applicant proposes to rezone the 5.66 acre tract in anticipation of development of the property as an extension of the adjacent residential subdivision. Staff has received public comments from a former owner and adjoining neighbor of this property with regard to on -site drainage. This site's conditions will be best addressed through application of the City's stormwater, grading, and drainage regulations. DISCUSSION This item, as well as the accompanying annexation request, was tabled by the Planning Commission at the request of the applicant on June 14, 2004. On July 12, 2004, the Planning Commission voted 8-0-0 to forward this rezoning request to the City Council with a recommendation for approval. BUDGETIMPACT Ia"M E ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1072 AS SUBMITTED BY MILHOLLAND COMPANY ON BEHALF OF VERA JONES FOR PROPERTY LOCATED SOUTH OF HUNTSVILLE_ROAD, EAST OF THE STONEBRIDGE ADDITION AND WESTYOF ROBERTS ROAD CONTAINING APPROXIMATELY 5.66 ACRES,FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4; RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE V� BE IT ORDAINED BY THE CIT.Y�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, ResidentiaEAgricultural 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 Sect ion l above. PASSED AND APPROVED, this day of 2004. APPROVED: By \ DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk EXHIBIT "A" RZN 04-1072 A PART OF THE S W '/a OF THE NW '/4 OF SECTION 19, T-16-N, R-29-W OF THE 5T" PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE ALONG A COMMON LINE BETWEEN RANGE 29 WEST AND RANGE 30 WEST N0246-52 E 1320.00 FEET TO THE SOUTHWEST CORNER OF THE NW'/4 OF THE SW '/< OF SAID SECTION 19, AND CONTINUING THENCE NO2-46-52E 515.60 FEET (DEED CALL 508.70 FEET) AND S87-13-08 E 265.56 FEET (DEED CALL 284.61 FEET),TO'THE INTERSECTION OF THE CENTERLINE (DEED CALL TO CENTERLINE;OF�ISAID ROAD, IN LINE WITH FENCE TO NORTH) OF COUNTY ROAD NO! 170 ANDr A NORTH/SOUTH FENCE; SAID POINT BEING NEAR THE SOUTHEAST CORNER OF'STONE BRIDGE MEADOWS SUBDIVISION, AND CONTINUING`~ "THENCE ALONG EAST BOUNDARY OF SAID SUBDIVISION NO2-46`01 E 884.,49 FEET (DEED. -CALL 884.84 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING A FOUND IRON PIPE AND AN IRON RE BAR ON THE EAST BOUNDARY OF SAID SUBDIVISION; THENCE N 02-46-01 E 679.44 FEET ALONG, SAID EAST BOUNDARY OF SUBDIVISION TO AN EXISTING -DEED CALLED FENCE THENCE ALONG SAID DEED CALLED FENCE S87-15-25 E:281`:00 FEET; THENCE S02-46-01 W 398.03 FEET; THENCE S87-20-26E 198.67 FEET TO AN EXISTING FENCE CORNER; THENCE 02- 28-59W 281.00 FEET TO AN EXISTING FENCE ON THE SOUTHERN PROPERTY BOUNDARY; THENCE CONTINUING\ALONG SAID FENCE N87-20-26 W 481.09 FEET TO THE POINT,OF BEGINNING, CONTAINING 5�6 6 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. %\ e FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of July 12, 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: July 7, 2004 RZN 04-1072: Rezoning (JONES, 569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD. The property is in the Planning Area and contains approximately 5.66 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: VERA JONES Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. COMMISSION ACTION: July 12, 2004 COUNCIL ACTION: Date: August 03, 2004 Required YES 0 Approved O Denied Cl..Llgycs' S-O-o Required YES O Approved O Denied BACKGROUND: Please reference the associated ANX 04-1071 staff report for additional background information. This rezoning request was tabled by the Planning Commission on June 14, 2004 at the request of the applicant. Property description: The subject property contains approximately 5.66 acres located south of Huntsville Road and west of Roberts Road. The property is currently a vacant field. The surrounding properties within the Planning Area consist of large single family tracts. The property is adjacent to the city limits to the west where it abuts Stonebridge Meadows Subdivision Phase 1. Proposal: The applicant's intent is to develop a single family residential subdivision. 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. Related Issues: When property is annexed into the City, it is annexed as R-A Residential Agricultural. If the annexation is recommended for approval to City Council, the applicant would like to rezone the 5.66 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation request, ANX 04-1071, is an accompanying item to this rezoning request. Public Comment: Staff has received comments from a nearby property owner concerning potential drainage problems on the two tracts (Ames and Jones) proposed to be combined. It was stated that this property has severe drainage problems and floods due to the topography of the site. Staff will further review on -site drainage with regard to any development proposal. Recommendation: Should the annexation request be approved, 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 Vacant Planning Area South Single family residential Planning Area East Single family residential RSF-4, Residential Single Family, 4 units/acre Planning Area West Single family residential RSF-4, Residential Single Family, 4 units/acre INFRASTRUCTURE: Streets: Street improvements will have to be extended through the site for any future development. Roberts Road will also need to be improved the length of the project frontage. Surrounding Master Street Plan Streets: North: Huntsville Rd. (principal arterial) South: Goff Farm Rd. (collector) East: Roberts Rd. (collector) West: Eastpoint Dr. (local; undeveloped street connection to Stonebridge Meadows Subd. Phase I) Water: The property has access to an 8" water main on the west side of this property that was stubbed out from the adjacent subdivision. There is also a 6" water main on the east side along Roberts Road. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The main will have to loop, between the existing 8" and 6" water mains. Sewer: The site currently has access to an 8" sewer main on the west side of this property that was stubbed out from the adjacent subdivision. Sewer will need to be extended within the development. Fire: The subject property is located 3.18 miles from Fire Station #5. Normal driving time is 8-9 minutes. The property is located 2.32 miles from the future Fire Station #3. Normal driving time is 5-6 minutes. 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. If an outlet onto Roberts Road is planned, improvements to Roberts Road should be considered. If no outlet is planned, then this should not create and appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 designates the site as Residential. Rezoning this property to RSF-4 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 zoning for a single family residential subdivision is consistent with the future land use map and existing zoning and density to the surrounding subdivisions to the west, north, and south of the subject property. A majority of the lots within Stonebridge Meadows Phase I are developed to the west of the property and the development of Stonebridge Meadows Subdivision Phase II has been approved to the south of the property. These subdivisions are zoned RSF-4 and developed at 2.05 and 2.6 units per acre respectively. Property to the north, south and east are within the Planning Area and consist of single family residences on large lots as well as vacant land. Development of this property at 4 units per acre will be consistent with the development of City property in this area. Rezoning the property to RSF-4 will increase the density, allowing for more intense residential use of the property and allow for development compatible to surrounding residential subdivisions. Construction of street infrastructure required by the Master Street Plan shall be considered at the time of development, as well as street improvements through the site. 0 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 and surrounding approved developments. In order to develop a residential subdivision on this property in a manner that is consistent with the future land use plan, a residential zoning district is needed. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The police department has determined the proposed density will not substantially alter the population density to create an undesirable affect on services. If an outlet onto Roberts Road is planned, improvements to Roberts Road should be considered. If no outlet is planned, then this should not create and appreciable increase in traffic danger and congestion in the area. Access and connectivity shall be evaluated at the time of development. 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 approximately 5.66 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 2 dwelling units (1 per 2 acres). With the proposed RSF-4 designation, 22 dwelling units would be permitted. This increases the possible number of residential units substantially, yet is consistent with land use and zoning within the City of Fayetteville and developing areas to the west and south. Engineering - The property has access to an 8" water main on the west side of this property that was stubbed out from the adjacent subdivision. There is also a 6" water main on the east side along Roberts Road. An extension of the water main will be required to provide water supply and fire protection within any development on this property. The main will have to loop between the existing 8" and 6" water mains. The site currently has access to an 8" sewer main on the west side of this property that was stubbed out from the adjacent subdivision. Sewer will need to be extended within the development. Street improvements will have to be extended through the site for the development. Roberts Road will also need to be improved the length of the project frontage. Fire - The subject property is located 3.18 miles from Fire Station #5. Normal driving time is 8-9 minutes. The property is located 2.32 miles from the future Fire Station 43. Normal driving time is 5-6 minutes. 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. 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 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit Agriculture Unit 7 Animal husbandry Unit 8 Single-familydwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities C Densi . Units er acreI One-half (D) Bulk and area regulations Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback requirements. Front Side 1 Rear 35 ft. 20 ft. 1 35 ft. (F) Height requirements. There shall be no maximum height limits in the A -I District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. 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) Permitteduses. Unit 1 City-wide uses by ri ht Unit 8 Single-family dwelling (2) Conditional u.cec. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utilityfacilities Unit 4 Cultural and recreational facilities Unit 9 Two-familydwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family I dwellin s Units 22r acre 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 8,000 sq. ft. 12,000 s . ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (F) .%thank reaairemantc Front Side Rear 25 ft. 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. n To: City of Fayetteville Planning From Milholland Engineers Subject: Rezoning Application Application Item #5:: IVED .16 20i4 MAY, 5.a. Current ownership information and any proposed or pending property sales: , RESPONSE: Existing Owner, Vera Jones,1341 Roberts Road, Fayetteville, Arkansas 72701 - has an Offer and Acceptance pending with Client McDonald, a local developer. 5.b. Reason ( need ) for requesting the zoning change: RESPONSE: Existing zoning of A-1 ( after annexed) will not provide the demand for residential single family lots with public utilities being requested by local house building contractors. 5..c. Statement of how the property will relate to surrounding properties in terms of land use, traffic, appearance, and signage: RESPONSE: Existing Land Use: New single family city residential subdivision adjoining the west boundary with all public utilities, and rural single family homes adjoining the east and south boundaries, with a small pasture adjacent the north boundary; said pasture is bound on the north by a few city single family homes along Highway 16 East. Traffic: New single family residential development will add through connection by extended an existing dead end new ( Point West ) street from the west to the east and connect to an existing 20 foot wide paved county road. This connection will allow three traffic connections to Highway 16 East. Appearance: New home construction will continue to add an improving appearance to the community that was begun with the new golf coarse and new residential subdivision adjoining this site to the west. 5A. Availability of water and sewer ( state size of lines ). RESPONSE. 8 inch water and 8 inch sanitary sewer mains, and utility easements, are constructed up to the west boundary of this site being planned for a residential development, which consist of two tracts of land, known as the "Jones and Ames" tracts. A 6 inch water main is adjacent to the east boundary of the proposed development. Application Item # 6: Written statements addressing the following: 6.a. The degree to which the proposed zoning is consistent with the land use planning objectives, principles, and policies and with land use and zoning plans: RESPONSE: The proposed single family zoning is in concurrence with the city's long range planning objectives in its 2020 plan. It complies with the city's policies of organized expansion of city facilities and infrastructure, and with the principle of zoning and developing vacant tracts of land in continuity with the Official Land Use Plan and at the same time, continue to add to the type of growth within the existing neighborhood. This proposed zoning is consistent with the city's long range land use and zoning plans. Application Item # 6: Written statements addressing the following: ( cont'd ) 6.b. Whether the proposed zoning.is justified and/or needed at the time of the request: RESPONSE: The demand for single family homes in this area of the City of Fayetteville is in high demand.. 6.c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion: RESPONSE: Certainly, new homes bring more vehicles, but the City of Fayetteville requires the developer to construct new streets through it's development and connectivity into the existing street system 6.d. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on the public services including schools, water, and sewer facilities: RESPONSE. New water and sewer mains will be extended to facilitate the new residents. The site is located on east Arkansas 16 Highway, and will discharge its sewerage into a collection system that flows into the existing treatment plant. The nearest school is Happy Hollow Elementary. 6.e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification: RESPONSE: The land is presently rural, and will be A-1 if annexed into the city. The site is too small to farm productively. The highest and best use of site is single family homes. RZN 04-1072 J O N E S Close Up View RSF-4 Pop ! I j il' W5 trq`. .-peg RSF-4 RSF•l �£ I' !� s;xx' ass I q o" 4SUBJECT PROPERTYI ar 3Fi ut —c* y0000 Overview maen8 �tay Disol eaSIM03 Pnncpal Artenal R-CODWAY Master Street Plan ®Minor Arteflal 100 YEAR Master Street Plan m m , Calletlor ---- 500 YEAR -'-� Fr ay/ xpreSSway * 9 •Fs HistotlC CdleCbr LIMIT OF STUDY _ .2 City l-imils — — - Raseune Profile Oosic i" SOanx04-Jove Fayetteville ! i i I I Ili RSF-4 STAFF REA FORM - NON -FINANCIAL OBLIWION x AGENDA REQUEST For the Fayetteville City Council Meeting of: ul Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: Aueust 3.2004 CP&E Department RZN 04-1072: Rezoning (Jones, pp 569) was submitted by Mel Milholland for property located at 1341 Roberts Road. The newly annexed property is zoned R-A, Residential Agricultural and contains approximately 5.66 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. STAFF RECOMMENDATION: Approval. Tlion Head City At romey Received in Mayor's Office D e 1741glo Date Cross Reference: Dartment Director Date ee Previous Ord/Res#: 7 —lo- Financ & Internal Services Dir. Date Orig. Contract Date: oX Orig. Contract Number: Chie dministrative Officer Date New Item: O Mayor ate Yes ! /ejlb Date M26 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1072 AS SUBMITTED BY MILHOLLAND COMPANY ON BEHALF OF VERA JONES FOR PROPERTY LOCATED SOUTH OF HUNTSVILLE ROAD, EAST OF THE STONEBRIDGE ADDITION AND WEST OF ROBERTS ROAD CONTAINING APPROXIMATELY 5.66 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 FAYETTE VILLE, 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 reflect the zoning change provided in Section I above. PASSED and APPROVED this 17`h day of August, 2004. ATTEST: By: SONDRA SMITH, City Clerk DAN COODY, Mayor EXHIBIT "A" RZN 04-1072 A PART OF THE S W '/4 OF THE NW '/4 OF SECTION 19, T-16-N, R-29-W OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE ALONG A COMMON LINE BETWEEN RANGE 29 WEST AND RANGE 30 WEST NO2-46-52 E 1320.00 FEET TO THE SOUTHWEST CORNER OF THE NW'/4 OF THE SW '/4 OF SAID SECTION 19, AND CONTINUING THENCE NO2-46-52E 515.60 FEET (DEED CALL 508.70 FEET) AND S87-13-08 E 265.56 FEET (DEED CALL 284.61 FEET) TO THE INTERSECTION OF THE CENTERLINE (DEED CALL TO CENTERLINE OF SAID ROAD, IN LINE WITH FENCE TO NORTH) OF COUNTY ROAD NO. 170 AND A NORTH/SOUTH FENCE; SAID POINT BEING NEAR THE SOUTHEAST CORNER OF STONE BRIDGE MEADOWS SUBDIVISION, AND CONTINUING THENCE ALONG EAST BOUNDARY OF SAID SUBDIVISION NO2-46-01 E 884.49 FEET (DEED CALL 884.84 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING A FOUND IRON PIPE AND AN IRON RE BAR ON THE EAST BOUNDARY OF SAID SUBDIVISION; THENCE N 02-46-01 E 679.44 FEET ALONG SAID EAST BOUNDARY OF SUBDIVISION TO AN EXISTING DEED CALLED FENCE THENCE ALONG SAID DEED CALLED FENCE S87-15-25 E 281.00 FEET; THENCE S02-46-01 W 398.03 FEET; THENCE S87-20-26E 198.67 FEET TO AN EXISTING FENCE CORNER; THENCE 02- 28-59W 281.00 FEET TO AN EXISTING FENCE ON THE SOUTHERN PROPERTY BOUNDARY; THENCE CONTINUING ALONG SAID FENCE N87-20-26 W 481.09 FEET TO THE POINT OF BEGINNING, CONTAINING 5.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. FAYETTEWLE • 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%V City Clerk Division Date: August 23, 2004 Re: Ordinance No. 4611 Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, approving rezoning petition RZN 04-1072, located south of Huntsville Road, east of the Stonebridge Addition and west of Roberts Road containing 5.66 acres and owned by Vera Jones. 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 NORTHWOST ARKANSASBVITION Arkansas Democrat *(511AZJ'111C AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Le 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: was inserted in the regular editions on PO# & -430o ** Publication Charge: $ /3j qS Subscribed and sworn to before me this as' day of ALAY 2004. Notary Public My Commission Expires: o7ldll 011 " Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAELARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07-25-2013 212 NORTH EAST AVENUE P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 n ORDINANCE NO. 4611 • ORDINANCE REZONING THAT PROPERTY a e evl le CRIBEG IN REZONIMILHOUINa PETITION COMPA Y N BEHALF AS AMTTEGJON SV MILHOLIANDTY LOCATED BEHALF OF A JONES FOR PROPOF TI LOCATED SOUTH OF ADDI- 4 AND EST EAST ROBERTSOROAD CONTAINING INING ASItAn5A5 J AND WEST OF ACRES F S ROAD CONTAINING AOXIMATELY 5.68 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL 3LE FAMILY, FOUR UNITS PER ACRE R ORDAINED DY THE CITY COUNCIL OF THE CRY OF PAYETTEVILLEo ARNAIM&' " 1: Thal Yle zoos dasal ose of the tOAeMllg cleeLhh6d propeM Is hereby changed as fdbws: n R-A, ReslU dal Agrlallwal to RSF-4, ReeldmlN Shgle-Family, 4.Urtlts Per Acre as sham in not 'A' attechod hereto and made a port hereof. tlon 2: That Ne 0150sl zorvg map of the Coy 01 FMettegle, Ajkansa ' Is hemby "Twided to reflect m rig change provided In Section 1 above. SEED ens APPROVED INS 17th day of August, 2004. EXHIBIT *A" RZN 04-1072 PART OF THE SW 114 OF THE NW 1 /4 OF SECTION 19. T-16-N, R-29-W 05 THE 5TH PAI ERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECT VD CONTINUING THENCE ALONG A COMMON UNE BETWEEN RANGE 29 WEST AND RA EST NO2-46-52 E 1320.00 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF THE F SAID SECTION M AND CONDNUING THENCE N0246.52E 515.60 FEET (DEED CALL AND'567-13-0 E 265.56 FEET (DEED CALL 264.61 FEET) TO THE INTERSECTION ENTERUNE DDEED CALL TO CEMERUNE OF SAID ROAD. IN LINE WfTH FENCE TO NOI WNTV ROAD NO. 170 AND AN ORTH/SOUTH FENCE; SAID FOIM BEING NEAR THE SOU ORNER OF STONE BRIDGE MEADOWS SUBDMSION, AND CONTINUING THENCE WE WNDARY OF SAID SUBDMSION NO2-d6-01 E 864.49 FEET (DEED CALL 884.M FEES TING qM OF BEGINNING! SAID n NT BEING A FOUND IRON PIPE AND AN IRON RE BAR ON TI WNDARV OF SAID SUBDMSION; THENCE NO2.46-01 E 679.44 FEET ALONG SAID EAST 30M AY OF SUBDMSION TOm �n FN[:F Sd2-g6-pDEED D N NC E6 TM0 567 21}SAD �2061 IN THE SOUTHERN PROPERTY BOUNDARY; THENCE CONTINUING ALONG SAID FENCE 6 W 461.09 FEET TO THE POINT OF BEGINNING, CONTAINING 5.66 ACRES. MORE O ASHINGTON COUNTY, ARKANSAS.