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HomeMy WebLinkAboutOrdinance 46130 ORDINANCE NO, 4613 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1074 AS SUBMITTED BY MILHOLLAND COMPANY ON BEHALF OF THE AMES FAMILY TRUST FOR PROPERTY LOCATED ON THE WEST SIDE OF ROBERTS ROAD SOUTH OF HUNTSVILLE ROAD CONTAINING APPROXIMATELY 1.97 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 17s' day of August, 2004. APPROVED: ATTEST: SOND41A SMITH, City Clerk t •-..vv � JL 1 EXHIBIT "A" RZN 04-1074 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 SOUTHEAST CORNER OF SAID S W '/4 OF THE NW '/4 OF SAID SECTION 19, AND CONTINUING THENCE N86-45-04 W 7.86 FEET TO A NAIL AND BOTTLE CAP AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID 40 ACRE TRACT AND THE COUNTY ROAD NO. 170 CENTERLINE, SAID POINT BEING NO2-46-52 E, 29640.00 FEET AND S 86-45-04 E 1052.02 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE ALONG THE CENTERLINEOF SAID COUNTY ROAD NO2-33-40 E 60.97 FEET (DEED CALL 60.30 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING IN THE CENTERLINE OF SAID COUNTY ROAD NO. 170; THENCE N86-50-21 W 305.18 FEET TO A FENCE CORNER; THENCE ALONG A DEED CALLED FENCE NO2-28-59 E 281.93 FEET TO A FENCE CORNER;THENCE ALONG A FENCE S86-54-30 E 305.56 FEET TO THE CENTERLINE OF SAID COUNTY ROAD NO. 170; THENCE ALONG SAID ROAD CENTERLINE S02-33-40 W 282.29 FEET TO THE POINT OF BEGINNING, CONTAINING 1.978 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 09/09/2004 02:29:58 PM and recorded in Real Estate File Number 2004-00037321 Bette Stamp - Circuit Clerk by C 0 NAME OF FILE: Ordinance No. 4613 w/Ex. A CROSS REFERENCE: Item # Date I Document 1 07/13/04 memo to mayor & City Council 2 draft ordinance w/Ex. A 3 memo to Planning Commission 4 memo to Planning Division 5 copy of Close Up View 6 copy of One Mile View 7 1copy of Future Land Use 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: 1 109/09/04 Ifiled at Wash. Co. Circuit Clerk City Council Meet* of August 03, 2004 Agenda Item Number 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 Ames Trust (RZN 04-1074) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 1.97 acres of property from R-A, Residential Agricultural to RSF-4, Residential Single Family — 4 units per acre. BACKGROUND The subject property contains approximately 1.97 acres located south of Huntsville Road and west of Roberts Road. The property is a vacant field surrounded by single family residential dwellings. The proposed annexation 04-1071 of approximately 5.66 acres adjoins this property to the west. Should the annexation of the aforementioned property not be annexed into the City, the subject property of 1.97 acres will not adjoin any portion of the existing city boundary and would therefore create an island of City property. Surrounding properties within the City are zoned RSF-4 and developed as residential. The Future Land Use Plan identifies this property as Residential. The applicant proposes to rezone the 1.97 acre tract in anticipation of development of the property as a residential subdivision. 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 None. p2D iV171oq q&19 AzAl o /-1 �i'/s7c5 LAMI�/ Tub ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1074 AS SUBMITTED BY MILHOLLAND COMPANY ON BEHALF OF THE AMES FAMILY TRUST FOR PROPERTY LOCATED ON THE WEST SIDE OF ROBERTS ROAD SOUTH OF HUNTSVILLE ROAD CONTAINING APPROXIMATELY 1.97 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE.: /�, \\, < \. BE IT ORDAINED BY THE CITV`COUNCIL<OF THE CITY OF FAYETTEVILLE, ARKANSAS: i 'v 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 'day of , 2004. APPROVED: \� By. ATTEST:A� , el By: Sondra Smith, City Clerk DAN COODY, Mayor EXHIBIT "A" RZN 04-1074 A PART OF THE SW %4 OF THE NW'/OF SECTION 19, T-16-N, R-29-W OF THE 5TH PRINCIPAL MERIDIAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SW '/4 OF THE NW '/4 OF SAID SECTION 19, AND CONTINUING THENCE N86-45-04 W 7.86 FEET TO A NAIL AND BOTTLE CAP AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID 40 ACRE TRACT AND THE COUNTY ROAD NO. 170 CENTERLINE, SAID POINT BEING: NO2 46-52 E, 2,640.00 FEET AND S 86-45-04 E 1052.02 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 19, AND CONTINUING THENCE ALONG THE.CENTERLINEOF SAID COUNTY ROAD NO2-33-40 E 60.97 FEET (DEED CALL 60.30 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING IN THE CENTERLINE�OESAID COUNTY ROAD NO. 170; THENCE N86-50-21 W 305.18 FEET TOA FENCE CORNER; THENCE ALONG A DEED CALLED FENCE NO2-28-59 E 2.81.93 FEET TO\A FENCE CORNER;THENCE ALONG A FENCE /S86 54-30 Ems, 305.56 FEET, TO` THE CENTERLINE OF SAID COUNTY ROAD NO.A 70;THENCE ALONG SAID ROAD CENTERLINE S02-33-40 W 282.29 FEET TO\THE POINT OF BEGINNING, CONTAINING 1.978 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. I I 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: Julv 7, 2004 RZN 04-1074: Rezoning (AMES TRUST, 569): Submitted by MEL MILHOLLAND for property located at W SIDE OF ROBERTS RD, S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 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: AMES FAMILY TRUST Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. PLANNING COMMISSION ACTION: Date: July 12, 2004 COUNCIL ACTION: August 03, 2004 Required YES OD Approved O Denied Sti"I;rdpa.rkZ q�-0-0 Required YES O Approved O Denied BACKGROUND: Please reference the associated ANX 04-1073 (Ames Trust) staff report for additional background information. This rezoning request was tabled at the Planning Commission meeting of June 14, 2004 at the request of the applicant. Property description: The subject property contains approximately 1.97 acres located south of Huntsville Road and west of Roberts Road. The property is a vacant field surrounded by single family residential dwellings on large lots. The proposed annexation 04-1071 of approximately 5.66 acres abuts this property to the west. Should the annexation of the aforementioned property not be annexed into the City, the subject property of 1.97 acres will not adjoin any portion of the existing city boundary and would therefore create an island of City property. 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 1.97 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation request, ANX 04-1073, 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 Planning Area West Vacant [proposed ANX 04- 1071 Jones Planning Area [proposed RZN 04-1072 (Jones) from R-A to RSF-4 INFRASTRUCTURE: Streets: Street improvements will have to be extended through the site for any future development. Roberts Road will also need to be further improved the length of the project frontage. The need for off -site improvements will be evaluated at the time of development proposal 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 Subdivision Phase I) • 0 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 3.17 miles from Fire Station #5. Normal driving time is 7-8 minutes. The property is located 2.34 miles from the future Fire Station #3. Normal driving time is 4-5 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 Subdivision 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 with development of this vacant property, 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. 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. 3. 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 1.97 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 1 dwelling unit (I per 2 acres). With the proposed RSF-4 designation, 7 dwelling units would be permitted. This increases the possible number of residential units, 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 3.17 miles from Fire Station #5. Normal driving time is 7-8 minutes. The property is located 2.34 miles from the future Fire Station W. Normal driving time is 4-5 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 connectivity is provided through this property to Roberts Road, improvements to this road should be considered. If there are reasons why the proposed zoning should not be approved in view of considerations under b (I) 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 I* 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 Ci -wide uses by right Unit 3 Public protection and utility facilities Unit Agriculture Unit 7 Animal husbandry Unit Single-family dwellings Unit Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 Ci -wide uses b 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) Density. 11 Units per acre One-half (D) Bulk and area reeulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback reauirements. Front Side Rear 35 ft. 1 20 ft. 1 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 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 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 b ri 1: Unit Sin le-famil dwellin (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellin s Two-family dwellin s Units er acre I 4 or less 7 or less (D) Bulk and area reeulations. Single-family dwellings Two-family dwellin s Lot minimum width 70 ft. A". Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback reauirements. Front Side Rear 11 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. To: City of Fayetteville Planning From: Milholland Engineers Subject: Rezoning Application Application Item #5:: 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 terns 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 Ifighway 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. 5.d. 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 .ECEIVED zonin and developing vacant tracts of land in continuity with the Official Land I an and at the same time, continue to add to the type of growth within the s g neighborhood. This proposed zoning is consistent with the city's long MAY a 2004 r ge and 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. MAY nd 9 2004 Rc"oUPOeW 74 AMES TRUST _ I, ILI RSFINUM i rf ® uy.Y,4� a lS 3 x11+ 1 Jam. � z r •..}y ������ Y � i IM x x� ty FASTP0INT OR i SUBJECT PROPERTY ILL \RSFvz 1 III.P,t M uNI ®.� 1 tv wx i ® { t.: x ! } v IA 6)7 ' ®4 Y; a i A1,Ik 1 ' It 1 -rLI- �/ . 1 ,t � a # - ® ram• Overview Legend m0000 00080vMay Oteid ® PrMdpal Arterial —R1 DWAY Mader Street Mn r Wm Arterial 100YEAR Maater$i tPlan mm+Cdtda We YEAR Freeway+Expresaway 0000 KSWC Cdlecmr 1JMIT0FSTOOY 1 _ _t City Limit . — — - BaseUne Pmrae oda 0 y ME RZN04-1074 0 75 150 300 450 500 Feet RZN04-Vw4 AM ES TRUST One Mile iew a zu Ji 1 -24 lqySS # �R "24 k ..- e" I r ,.RA Il O RSFJ �a GS (� Rurh a�iv i R# r_b , 741. r I R-n` R.I.LRs 2 ` t RZ y pill as • SUBJECT PROPERTY f 1 0 " RSi RSF R#RA I RA j II I I I I �w-. 1, ( SF4 RA :�:SiOFf. ? , RSFy — IRSF� ++ �r I I.+F'1 rj 1 •..I I RA IaSFa y� { 1 1 c aSF4 c 1�. T, ! a PULo WF �. 1 n 14 TI R — 1 1 '4 4 r X• f I RA 1 gg Overview Legend Subject Property Boundary Master Street Plan --- _ RZN044074 mow.0 Planning Area PreoxaYnAPesswdy 8000 � ctpa ° Streets 0000 $Oveday District 44460 PRn IMerlal _ M1W MOM$ E Sung L — ll City Limits ��, Cdbclar . � Planned Outside City 0000 HisWdc Collector 0 0.1 0.2 0.4 0.6 0. files RZ 04 d°se AMES TRUST Future Overview Legend Boundary Subject Property '-^-_ I RZN04-1074 Streets -� Existing Planned Planning Area 0 000g Overlay District �oa000° City Limits Outside City Master Street Plan Freeway/Expressway 414040 Principal Arterial 4"lliso Minor Arterial 00 ♦ � Collector **%. Histodc Collector 0 75 150 300 450 600 Feet STAFF REVO FORM - NON -FINANCIAL OBLIWION AGENDA REQUEST For the Fayetteville City Council Meeting of: August 3, 2004 FROM: Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: CP&E Department RZN 04-1074: Rezoning (Ames Trust, pp 569) was submitted by Mel Milholland for property located on the west side of Roberts Road, south of Huntsville Road containing approximately 1.97 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single-family, 4 units per acre. STAFF RECOMMENDATION Department Director A Finance & Internal Services Dir. strative Officer Mayor Approval. 7/1 oy Date Date Date Date 7 G Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: / D Date / Yes No FAYETTEALE • 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: August 23, 2004 Re: Ordinance No. 4613 Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, approving rezoning petition RZN 04-1074 of property located on the west side of Roberts Road south of Huntsville Road containing 1.97 acres and owned by Ames Family Trust. 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 Le al 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: A/ was inserted in the regular editions on PO# ** Publication Charge: $ Subscribed and sworn to before me this day of _04LL9 2004. emu, � 1. _ •.1. J _ i Notary Public My Commission Expires: 071d.5401 IDTED BY MILHOLVWD COMPANY ON BEyIALF OF 1-Q�' ��� Y ll "ES FAMILY TRUST FOR PROPERTY LOCATED ON WEST SIDE OF ROBERTS ROAD SOUTH OF ARKANSA'. SMILE ROAD CONTAINING APPROAMATELY 1.97 S FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, IS PER ACRE R ORDAINED BY THE CRY CODNCH. OF TI® CM OF PATETTEVNLLE, ANKAN" Form R-A. ReslOenllal A9bpiaeel to RSF4, ResHantel Sigle-Famfy, 4 UM9 Per Acre N shown Edhitil W attadvd hereto and mace a pert heheot. ** Please do not pay from Affidavit. Section 2: That the Oftel Zoning map of fie City of Fayetteville, A,Iwsaz, is hereby amended to left An invoice will be sent. Ina z«.n9«wa9epnp,HedinSection Iabme. PASSED and APPROVED the 17th day of Atgma, 2004. Official Seal E AN-MICHAEL ARGO tary Public-ArkansasSHINGTON COUNTY ission Expires 07-25-2013 EXHIBR'A' RZN N-1074 PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 19. T-18-N, R-29-W OF THE STH PRINCIR ER MAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SW 1/4 OF TI N 1/4 OF SAID SECTION 19. AND CONTINUING THENCE N86 45.04 W 7.8E FEET TO A NAIL M )TTLE CAP AT THE INTERSECTION OF THE SOUTH BOUNDARY OF BAD 40 ACRE TRACT M IE COUNTY ROAD NO. 170 CENTERLNE, SAID POINT BEING ND2-48-52 E. 2,640.00 FEET AND I.45-04 E 1052.02 FEET FROM THE SOLRMMEST CORNER OF SAID SECTION 19, AND CONTIM G THENCE ALONG THE CENTERUNEOF SAID COUNTY ROAD NO2-3340 E 60.97 FEET (DEE LLL 60.30 FEET) TO THE POINT OF BEGINNING; SAID POINT BEING JN THE CENTERUNE OF SA 212 NORTH EAST AVENUE a P.O. BOX 1607 e SAID ROAD CENTERLINE S023 1.978 ACRES, MORE OR LESS, -21 W 305.18 FEET TO A I E 281.93 FEET TO A FENCE