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HomeMy WebLinkAboutOrdinance 4643I ORDINANCE NO.4 6 4 3 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1253 FOR PROPERTY LOCATED SOUTH OF ALBRIGHT ROAD CONTAINING APPROXIMATELY 11.76 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, 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 this 16`h day of November, 2004. ATTEST: By: SE-v- SONbRA SMITH, City Clerk Recorded: 02/01/2005 at 02:00:44 PM Fee Amt: til.00 pace 1 of 2 Wsshinoton County. AR Bette Stsmcs Circuit Clerk File2005-00004784 APPROVE By: DAN COO Y, ayor FAYETrEVILLE; CORRECTED EXHIBIT "A" RZN 04-1253 A PART OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S87°24115"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 364.40 FEET; THENCE S02024'17"W 24.77 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD; THENCE S87044'24"E ALONG SAID SOUTH RIGHT OF WAY 281.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY S87044133"E 64.32 FEET; THENCE S86°42'53"E ALONG SAID RIGHT OF WAY 602.95 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02033159"W ALONG SAID FENCE LINE 300 FEET; THENCE LEAVING SAID FENCE LINE N87024'15"W 667.37 FEET; THENCE N02035140"E 306.88 FEET TO THE POINT OF BEGINNING, CONTAINING 4.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. And A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE (29) WEST, BEING MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S02°24'04"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024' 1517E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024115"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02°33'59"W 328.27 FEET TO A FENCE CORNER POST; THENCE N87° 13'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87°03'11"W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST; THENCE N87°21'58"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE NO2°24'04"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASHINGTON COUNTY,ARKANSAS. Washington County, AR I certlfy this instrument was filed on 02/01/2005 02:00:44 PM and recorded in Real Estate FileNumber 2005-00004784 Bette Sta s - Circuit Clerk by INNJ • ORDINANCE No. 4643 ID: 008123540002 Tvoe: REL Recorded: 02/01/2005 at 02:00:44 PM Fee Amt: 811.00 Pace 1 of 2 Mashlnoton Countv. AR Bette Stamos Circuit Clerk F11e2005-00004784 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1253 FOR PROPERTY LOCATED SOUTH OF ALBRIGHT ROAD CONTAINING APPROXIMATELY 11.76 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, 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 this 16a' day of November, 2004. By: , mayor ATTEST: By: �:FAYETTEVILLE: SORA SMITH, City Clerk �: l EXHIBIT "A" RZN 04-1253 A PART OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S87°24'15"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 364.40 FEET; THENCE S02024117"W 24.77 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF ALBRIGHT ROAD; THENCE S87044124"E ALONG SAID SOUTH RIGHT OF WAY 281.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY S8704413311E 64.32 FEET; THENCE 586°42'53"E ALONG SAID RIGHT OF WAY 602.95 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02°33'59"W ALONG SAID FENCE LINE 300 FEET; THENCE LEAVING SAID FENCE LINE N87024'15"W 667.37 FEET; THENCE N02035'40"E 306.88 FEET TO THE POINT OF BEGINNING, CONTAINING 4.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. And A PART OF THE SOUTHWEST QUARTER (SW '/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE (29) WEST, BEING MORE PARTICCLARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S02°24'04"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024' 15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024'15"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02°33'59"W 328.27 FEET TO A FENCE CORNER POST; THENCE N87° 13'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87003' i l "W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST; THENCE N87°21'58"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE NO2°24'04"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAD41NG 7.10 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. • • Recorded: 12,03/20040atT11:27:08 AM, Fee Amt: $13.00 Pege 1 of 2 Mashington Countv. AR Bette Stamps Circuit Clerk �ORDINANCE NO. 4 6 4 3 F11e20000049502 AN ORDINANCE REZONING THAT PROPERTY DESC ED IN REZONING PETITION RZN 04-1253 FOR PROP RTY LOCATED SOUTH OF ALBRIGHT ROAD CONT ING APPROXIMATELY 11.76 ACRES FROM R-A, RESID NTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE AMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: / Section l : That the zone classification of the followilfg described property is hereby changed as follows: / From R-A, Residential Agricultural to RSF-4, Res ential Single Family, four units per acre as shown in Exhibit " " attached hereto and made a part hereof. Section 2: That the official zoning map of t/nI y of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Sectibove. PASSED and APPROVED this 16`h day ATTEST: By: .� ;FAYETTEVILLE• SONDRA SMITH, City r , 2004. EXHIBIT "A" RZN 04-1253 A PART OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT;/THENCE S87024'15"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACTi364.40 FEET; THENCE S02024117"W TO A POINT ON THE SOUTH RIGHT/OF WAY OF ALBRIGHT ROAD; THENCE S87°44'24"E ALONG SAID SOUTH RIGHT OF WAY 281.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE ONTINUING ALONG SAID RIGHT OF WAY S87044'33"E 64.32 FEET; THE CE S86°42'53"E ALONG SAID RIGHT OF WAY 602.95 FEET TO A POINT N AN EXISTING FENCE LINE; THENCE S02°33'59"W ALONG SAID FENC INE 300 FEET; THENCE LEAVING SAID FENCE LINE N87°24'15"W 667.37 F T; THENCE NO2°35'40"E 306.88 FEET TO THE POINT OF BEGINNING, CON AINING 4.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANS And APART OF THE SOUTHWEST QU,ARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN � ), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY NINE (29) WEST, )BEING MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCINGAT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE S02°24'04' ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO A POINT ON THE SOUTH CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE S87024' 15"E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024515"E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02°33'59"W 328.27 FEET TO A FENCE CORNER POST; THENCE N8701312499W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST; THENCE N87003' 11 "W ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST; THENCE N87021'58"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE NO2°24'04"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR 1 certify this instrument was filed on 12/63/2004 11:27:08 AM and recorded in Real Estate File Number 2004-00049502 Bett ps - Circuit Clerk 1by4t� • City Council Meeting of November 16, 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: October 26, 2004 Subject: Rezoning for Nooncaster (RZN 04-1253) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 1 1.76 acres of property from R-A, Residential Agricultural, to RSF-4, Residential Single Family-4 units per acre. BACKGROUND The subject property contains 11.76-acres of land within the Planning Area and Springdale city limits. The vacant property is currently located south of Albright Road, north of the approved Pembridge Subdivision, not yet under construction. The applicant requested the property be rezoned from R-A, Residential Agricultural, to RSF-4, Residential Single Family, 4 Dwelling Units per Acre, should the preceding Annexation (ANX 04-1252) request be approved. The applicant intends to develop a single family residential subdivision. Staff recommended approval of the rezoning request. Future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. DISCUSSION On October 25, 2004, Staff received a letter from the Ottavianos, an adjacent property owner who was not able to attend the Planning Commission meeting. The Ottavianos expressed their objection with the proposed density and concern it would not be compatible with the developed properties on Albright Road. A public hearing was held on October 25, 2004 at which the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval of the requested rezoning. BUDGET IMPACT None. p944 W i6 W 1(-eq Y.3 ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1253 FOR PROPERTY LOCATED SOUTH OF ALBRIGHT ROAD CONTAINING APPROXIMATELY 11.76 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE. Z� BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: </ f/\ \ Section 1: That the zone c property is hereby changed<a ' From R-A, Residential Agricultural t( units per acre as shown in Exhibit "A" Section 2. TI Arkansas, is her Section 1 above. of the following described tSF-4; Residential Single Family, four tached hereto and made a part hereof. >ni�\p of the City of Fayetteville, reflect the oz ning change provided in PASSED AND'APPROVED this \\ day of 12004. 2By 0D: N COODY, Mayor ATTEST: By: \ v/ Sondra Smith, City'Clerk EXHIBIT "A" RZN 04-1253 A PART OF THE NORTH HALF (N 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWENTY-NINE (29) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE S8702411511E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 364 40;FEET; THENCE S0202411711W TO A POINT ON THE SOUTH RIGHT OF`WAY OF ALBRIGHT ROAD; THENCE S87044'24"E ALONG SAID SOUTH RIGHT OF WAY 281.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY S87044'33"E 64.32 FEET; THENCE S86°42'5ME�ALONG SAID RIGHT OF WAY 602.95 FEET TO A POIN�IN AN EXISTING\FENCE LINE; THENCE S02033159"W ALONG SAID FENCE LINE 300,FEET; THENCE LEAVING SAID FENCE LINE N87024115"W 667.37 FEET THENCE NO2°35'40"E 30688 FEET TO THE POINT OF BEGINNING, CONTAINING\4.66 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. \ 1\ A PART OF THE SOUTHWEST QUARTER,(S W %4) OF THESOUTHEAST QUARTER (SE 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTEEN (17)NORTH, RANGE TWENTY NINE (29) WEST, BEING\MORE PARTIUCLARLY DESCRIBED AS FOLLOWS: COMMENCING,AT THE NORTHWEST/CORNER OF SAID 40 ACRE TRACT; THENCE"S02°24'04"W ALONG THE WEST LINE OF SAID 40 ACRE TRACT 330.00 FEET TO�A`\POINTj ON THE SOUTH> CITY LIMITS OF SPRINGDALE, ARKANSAS. THENCE'S87�34' 15w'E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE -BEING 330:00"FEET SOUT.HTOF AND PARALLEL WITH THE NORTH LINE OF-SAID.40-ACRE TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024715"E 947.85 FEET TO A POINT\IN AN EXISTING FENCE LINE; THENCE S02°33'59"W 328.27 FEET TO A FENCE CORNER POST; THENCE N87°13'24"W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER�MST; THENCE N87003' 11 "W ALONG SAID FENCE 407.55 FEET TO A�FENCE CORNER POST; THENCE N87021'58"W ALONG SAID FENCE 279.71 FEET; THENCE LEAVING SAID FENCE N02024'04"E 324.77 FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASHINGTON COUNTY.ARKANSAS. li yeAoRKI RKANSAS PC Meeting of October 25, 2004 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: October 20, 2004 RZN 04-1253: Rezoning (NOONCASTER, 61): Submitted by RAYMOND SMITH for property located at S OF ALBRIGHT ROAD. The property is zoned R-A, Residential Agricultural and contains approximately 11.76 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Property Owner: J014N & LESLIE NOONCASTER Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. MANNING! COMMISSION ACTIONS, ' Required YES. O Approved 0 Denied Date :,October 25, 2004 - CITY COUNCIL ACTION:., Required YES O Approved O Denied Date:.November 16, 2004 (ls`readine if4ecommended). BACKGROUND: Property description: The subject property contains 11.76-acres of land within the Planning Area and Springdale city limits. The vacant property is currently located south of Albright Road, north of the approved Pembridge Subdivision, not yet under construction. 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 applicant intends to develop a single family residential subdivision. 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 11.76 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation request, ANX 04-1252, is an accompanying item to this rezoning request. K:IReporuL?0041PC Reporta110-25-04LUN 04-1253 (Noonmster).doc Recommendation: Staff recommends approval of the rezoning request. Future changes or additional development on this site will be regulated by the city allowing for a more uniform and consistent development pattern. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single-family on large lots City of Springdale South Pembridge SD (approved PPL) RSF-4, Res. Single Family - 4 units per acre East Copper Creek SD (under construction RSF-4, Res. Single Family - 4 units per acre West Vacant field R-A, Residential Agricultural INFRASTRUCTURE: Streets: The site fronts to Albright Road. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements will include, right-of-way dedication, pavement, curb and gutter, storm drainage 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" water main through development to the south. This main should be sufficient to provide service to most developments that could occur on the site. 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 sanitary sewer through development to the south. An off -site sewer main extension may be required to serve this development. The nearest sewermain is an 8" main to the south in the proposed Pembridge Subdivision. The capacity of the lift station serving this area shall be confirmed prior to approval. Fire: The subject property is located 4.2 miles from the Fire Station #4. Normal driving time is estimated at 11-13 minutes with an approximate response time of 11-13 minutes at maximum development. 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. KAReporui2004WC Reports1/0-25-04WZN 04-1253 (Noon=ter-Kelly).doc Individually, each of these annexations and rezonings do not necessarily substantially alter the population density, nor do they create and appreciable increase in traffic danger and congestion. The sum total presented over the years, however, has had a substantial impact on the demand for police services and has caused an appreciable increase in traffic congestion. Without the addition of police.patrol personnel, these areas may see a lack of traffic enforcement or may experience situations where officers are delayed in answering many calls for service because of call volume exceeds the number of officers available to respond in a timely manner. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to RSF-4 is consistent with the land use plan and 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 single family residential is compatible with adjacent and nearby single family residential land use. The General Plan designates this area for residential use, which is compatible with the proposed RSF-4 zoning. Access and provision of adequate services are currently being extended with the development of adjacent properties. 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. The rezoning is needed for the development of a single family subdivision as proposed by the applicant. A subdivision with the density allowed in the R-A district could not be developed in like manner with those to the south and east. An RSF-4 zoning district is appropriate in this area, and would provide compatibility with adjoining developments that are zoned RSF-4 and currently being developed with residential subdivisions. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The subject property has frontage on Albright Road. At the time of development, this street will need to be brought up to current standards along the property frontage. The Fayetteville Police Department finds that rezoning this property will not result in an appreciable increase in the level of traffic danger and congestion in the area. KAReporuU0041PC ReportsV 0-25-04V?ZN 04-1153 (Noonmster-Kelly).doc 1 • 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 11.76-acre property under an R-A, Residential Agricultural designation would allow for a maximum 5 dwelling units (1 per 2 acres). With the proposed RSF-4 designation, 47 dwelling units would be permitted, with a projected total of 104 future residents in this area. Although the proposed zoning increases the possible number of residential units and population, it is consistent with land use and zoning in the immediate vicinity. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. 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. Repor[sUMPC Reporls110-15-OAUN 04-1253 (Noonms(er-Kelly).doc )9 161.03 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 Unit6 Agriculture Unit 7 Animal husbandry UnitB Single-familySingfe-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wide uses b conditional use permit Und 4 Cultural and recreational facilities Unit20 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 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. I Side Rear jiFront l 35 ft. 1 20 ft. 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. K. IReporuU0041PC Repora110-25-04RM 04-1253 (Noonmsrer-Ketly).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. Unit 1 Ci -wide uses b right Unit 8 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 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellin s Two-family dwellings Units er acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings Lot minimum width -dwellings 70 ft. 80 R Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwellin unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. FF 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. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 18, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, PLANNING t i VROUCE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1252(Nooncaster, pp 61) and Rezoning RZN 04-1253(Nooncaster, pp 61) submitted by Raymond Smith, Attorney for property located south of Albright Road, North of the Fayetteville Planning Area would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic.danger and traffic congestion. 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. Individually, each of these annexations and rezonings do not necessarily substantially alter the population density, nor do they create and appreciable increase in traffic danger and congestion. The sum total presented over the years, however, has had a substantial impact on the demand for police services and has caused an appreciable increase in traffic congestion. Without the addition of police patrol personnel, these areas may see a lack of traffic enforcement or may experience situations where officers are delayed in answering many calls for service because of call volume exceeds the number of officers available to respond in a timely manner. Sincerely, Lieutenant it lam Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-S873555 FAX: 479587-3522 0 0 9\}_ CD jjj � zz cn CD } « ID x ƒ � (a(Dcn 0 /§\�\} }\W0 �km) ®E)> 5\\®}§o2®D ow {}*c5OE c� 3(D (OD (OD _ ° z2< ®o2CD sa a- CD CL �±n2-u z=x:2=m ® 0 CD EF &,t-mE m w cl) z=mE�� *o}ak& RSGUE CURRENT OWNERSHIP INFORMATION AND ANY PROPOSED OR PENDING PROPERTY SALES Assessor's Parcel Number 001-15172-002, 001-15172-003, 765-30659-002, and 765- 30659-003, p/o of the SW'/4, SEA, of Section Eighteen (18), T17N, R29W consisting of 7.10 and 4.66 acres, more or less. There are no proposed or pending property sales for this property. REASON FOR REQUESTED ZONING CHANGE Parcel Number 00 1 - 15172-002,001-15172-003, are currently zoned A -I and 765-30659- 002 and 765-30659-003 will be annexed into the City of Fayetteville and zoned as R-A, It is proposed to re -zone the 7.10 and 4.66 acres to RSF-4 for development into part of a single family residential subdivision. LAND DEVELOPMENT The development of this property is consistent with the land use of the residential areas surrounding the proposed development with slight increase in vehicle traffic. WATER/SEWER ACCESS Existing 8" water line rune East along Greystone Drive to West line of proposed Pembridge Sub-Divison (see preliminary plat) which is just South of the 7.10 acres, where it is plugged. Existing 8" water line runs North along Running Springs Drive to the South line of proposed Pembridge Sub -Division which is just South of the 7.10 acres, where it is plugged. Existing 8" sewer line runs North along Running Springs Road to a manhole on the South line of proposed Pembridge Sub -Division, which is just South of the 7.10 acres. DEGREE TO WHICH THE PROPOSED ZONING IS CONSISTENT WITH LAND USE PLANNING OBJECTIVES, PRINCIPLES ANq LAND USE AND ZONING PLANS The proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. WHETHER THE PROPOSED ZONING IS JUSTIFIED AND/OR NEEDED AT THE TIME THE REZONING IS PROPOSED The proposed rezoning is justified at this time in that it is in keeping with the policies and adopted plans of the City of Fayetteville. Zoning this property as RSF-4 is consistent with surrounding subdivision. WHETHER THE PROPOSED ZONING WOULD CREATE OR APPRECIABLY INCREASE TRAFFIC DANGER AND CONGESTION The proposed zoning will not create or appreciably increase traffic danger and congestion. WHETHER THE PROPOSED ZONING WOULD ALTER THE POPULATION DENSITY AND THEREBY UNDESIRABLY INCREASE THE LOAD ON PUBLIC SERVICES INCLUDING SCHOOLS, WATER, AND SEWER FACILITIES This increase is not expected to undesirably increase the load on public services including schools, water and sewer facilities. Improvements planned to the Fayetteville overall wastewater treatment system and the coming on line of the new wastewater treatment facility on the western side of Fayetteville should adequately provide services to the sub- division. WOULD IT BE IMPRACTICAL TO USE THE LAND FOR ANY OF THE USES PERMITTED UNDER ITS EXISTING ZONING CLASSIFICATION This property is presently in the county but within the Fayetteville Growth Area. It would be impractical to maintain the A-1 or R-A zoning since it would be inconsistent with the surrounding areas already zoned as residential subdivisions, October 25, 2004 Page 31 RZN 04-1253: Rezoning (NOONCASTER, 61): Submitted by RAYMOND SMITH for property located at S OF ALBRIGHT ROAD. The property is zoned R-A, Residential Agricultural, and contains approximately 11.76 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Ostner: The tandem item is a RZN 04-1253, we've already had the staff report. Would the applicant like to share any information? Smith: I believe the information that Dawn Warrick has given you in that this surrounding area there is zoned RSF-4 and it would be completely consistent with those adjoining areas there that are already being developed and we feel that this is very appropriate. Ostner: Thank you. At this point I'll open it up to the public. Would anyone like to speak about this rezoning? Seeing none, I'll close it to the public and bring it back to the Commission for motions. Myers: My only concern about the density that's proposed for this property is the impact on Albright Road, but I did read in the information that we were given that those street improvements would take place once a Preliminary Plat was proposed. Warrick: Right. We will have to look at all of the surround roads, and this particular piece of property, unique to the other developments that we've seen around here accesses or has the potential to access Albright Road. While Albright Road is within the city limits of Springdale for the most part, the Planning Commission does have the ability to consider off -site improvements based on the impact of a development within the City of Fayetteville. We will be taking that into consideration and making recommendations to you with regard to improvements on Albright Road based on traffic that will be able to access Albright Road should this property develop, because that will then provide an outlet for not only the Pembridge development, but also Stonewood and Copper Creek and all the various phases of those developments, so while right now those drivers can skirt around the developments if they want to drive on George Anderson, which is a gravel road and then come across on Albright, that's an opportunity, this would be a more improved street connection, and it will very likely be more utilized. Certainly a consideration. MOTION: Clark: It seems to me that this RSF-4 is consistent with what lies around this piece of property, and I would point out to the neighbors who are concerned by what the e-mail indicates that RSF-4's the maximum density that will be allowed, doesn't necessarily mean the builder's will develop with four houses per acre. But regardless, input is still available to any Planning Commission • October 25, 2004 Page 32 surrounding land owner as this goes through the development process: So there's still avenues to express discontent, if needed. I think the improvement to Albright Road would be an asset to the area, so I'm going to move that we approve RZN 04-1253. Ostner: Thank you; I have a motion for approval. Shackelford: I'll second. I would like to say for the record that I agree with what Commissioner Myers said. We, as a Planning Commission over the last two or three years have heard a lot of development to the south and west of this property. One thing we consistently hear is the need for additional ingress and egress and I know a lot of folks in this area have looked forward to having an access point to Albright Road. So I think connectivity's going to be something that we look for when this property develops as well as these off -site improvements to make Albright Road as a safe intersection. But I do think that the zoning is in line, I just want to make those comments for the record. Ostner: Thank you; I have a motion, by Commissioner Clark, a second by Commissioner Shackelford. Is there further discussion? Could you call the roll? Roll Call: Upon completion of roll call, the motion to approve RZN 04-1253 was approved by a vote of 8-0-0. Ostner: Thank you. Are there any announcements? Announcements Adjourned: 6:50 p.m. )e RZN04-1253 Close Up View In R-A Overview 0 NOONCASTER/KELLY ,• �, IW1 1 f 4 y � f J �. ...,may (]� _ •� Y y � :: SUBJECT PROPERTY ,` ,( Aft l:Lt RSF-4 Ugena EW29 RZN04-12530000oa YDWt ® Pnn 1paJAM W — FLOODWAY Maa rStnM PW � mmt AA 1WYEAR Maher Si PW m m fuEecb, — Spp YEAR FrttwrylEapeuwaY� • • • RiatpL Cd r LIMIT OF STUDY ameL'ne P� O Fayetteville Q Ou We Cft 0 125 250 500 750 1,000 Feet RSF-4 RSF-4 RSF-4 RZN04-1253 One Mile View NOONCASTER/KELLY a R.A Overview _ iiY { i S lre 1 n Ill p s u� t NEYW �o r t y Tom_ Rall iN+ J l GUM IN D i' al k it I^ �_ # it ,n; h P U I 4 in ly I zl G.EAR'CBEEK 510 IE�N'iR "in/ SUBJECTIt PROPERTY `r {-- PID —4 R1 RA �rr R-A IK pR�N�I T L J M , 992All,' —. _ y� PRE I� OWARD 0ER R mi ll TRW 1 I�LUi-,nrc Rsi�'.11. ✓ \ 11� "pen Am, 1 R�P�Ir Gil R-A RIA ' \ it -lrjt s, ! -I. 19 It 41 ll Boundary Streets Master Steel Plan Streets Master Street Plan ✓ `..e Planning Area _ CAooaa Overlay District IIIIIII Pell®PNiOPMAnayl 0000° s Miwr Medal 0 Outside City im = Gehl e*• NNnr Giftel 0 0.1 0.2 0.4 0.6 0.8 Miles RZN04-1253 NOON CASTE R/KELLY Future Land Use r .I a r l , I �* •. ~5 Ik7 A `4 - _� ®� SUBJECTIPROPERTY rF Ij AResidentiaIBAfGM ' �.-i,� f h f r RSF4 . __. _................ Overview Streets '1.. Existing ifs Planned Boundary \� Planning Area �000a o Oveday District 000000 Outside City Master Street Plan Freeway/Expressway " Principal Arterial Minor Arterial Collector ����� Historic Collector 0 125 250 500 750 1,000 Feet STAFF REPEW FORM - NON -FINANCIAL OBLATION AGENDA REQUEST For the Fayetteville City Council Meeting of: November 16, 2004 FROM: Dawn T. Warrick Nance Planning CP&E Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: RZN 04-1253 (Nooncaster, 61): Property located south of Albright Road. The newly annexed property will be zoned R-A, Residential Agricultural and contains approximately 11.76 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. d d Received in Mayor's Office /Dat& Date W36 -d �{ Date Cross D-ertme'm Director Date Finance & Internal Services Dir. Previous Ord/Res#: Date Orig. Contract Date: owig Date Date Orig. Contract Number: New Item: Yes No Taye ARXAN SAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman `A City Clerk Division Date: November 23, 2004 Re: Ord. No. 4643 • City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayettevi I le.ar. us The City Council passed the above ordinance, November 16, 2004, approving rezoning petition RZN 04-1253 for property containing 11.76 acres located south of Albright Road. I have attached a copy of that ordinance. This ordinance will be recorded in the city clerk's office and microfilm. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering NORTHV&ST ARKANSAS 11DITION Arkansas Demomt IV 05azeUe AFFIDAVIT OF PUBLICATION I, do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: Aap-qw 4o43 was inserted in the regular editions on CL *' Publication Charge: $ I'`1U ,Z) Subscribed and sworn to before me this `Kai day of (l, 2004. VU, Notary Public My Commission; expires"athPrimaSjl ' Notary public, StateofArkansas'< 5; Washington County ;< >, My Commission Expires 07127/OS � " Please do not pay 1fi0m�4ffldaXl<««cc«cccccccc( An invoice will be sent. RECEIVED DEC 03 2W CITY CLERK' OS FFIICE 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 • 11 011D'NANCE NO..B.3 -TayeVgle — RTY FDESCRIBEDAN NCREZONINGIPETITIONNG TRZN 04E253RTY LOCATED SOUTH OFAL13 IGHTAINING APPROXIMATELY 11.76 ACRES ESIDENTIAL AGRICULTURAL TO RSF-4,SINGLE FAMILY, FOUR UNITS PER BB R ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYETTEYILLE, ARKANSASi Section I: Thee Me zone classification of the following deWrIbed pidpody is hereby crklNed as dll w : Frone R A' che - Re G hereto Agivicultundi to made a F4, teeifentW Single FamIN four units per acre as shown In E)Nb Section 2: That Me official zoning map of the City of Fayetteville. Arkansas, Is hereby amended to r3f w the zoning charge Prowled in Section 1 above. FASSED and AFFR011ED this 16M day of November, 2004. APPROVED: p COODY, Mgor ATTEST: SONDRA SFAITH, CRY Clerk EXHIBIT 'A" RZN 04-1253 A PART OF THE NORTH THWESTVCORNER OF SAID 20 ACRE TRACT 1 OF SAID 20 ACRE TRACT 364.40 FEET, THENCE IG SAID RIGHT �S02°33'59nN ALONG SAID FENCE LINE 300 FEET4.66667.37 ACRES, MO EENCE OR LESS, WASHINGTON THE OF THE SOUTHEAST QUARTER ENS 8), TOWNSHIP SEVENTEEN OUTHWEST QUARTER (SW1(17)) NORTH, RANGETWENTY NINE v nF.RRIRED AS FOLLOWS: COMMENCING AT THE NORT d30.00 FEET TO A POINT Ory Int ow In v,,, �...,,. —. 387°24'15-E 364.40 FEET ALONG SAID CITY LIMITS LINE, SAID LINE BEING 330.00 FE kND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POI VING' THENCE CONTINUING ALONG RAID CITY LIMITS LINE S87°24'15'E 947.85 FEE N AN EXISTING FENCE LINE THENCE $02-33.59" 328.27 FEET TO A FENCE C THENCE N87°13'24V ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER F N87'03'11V ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER PU N87'21'S8'W ALONG SAID FENCE 27971 FEET; THENCE LEAVING SAID FENCE 24.77 FEET TOY. HE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR FROM • (THW DEC 16 2004 11:51/ST.11:51/No.6816796303 P 1 • WASHINGTON COUNTY STATE OF ARKANSAS WASENGTON COUNTY COURTHOUSE 280 N. COLLEGE AVENUE; SUITE 300 FAYETTEVUJA AR 72701 TELEPHONE: (479) 444-1711 FAX: (479) 444-1994 , DATE:- TO: Claittic L FAX#: 1 1 - ! I ' • '4A �. FAX#: 479-444-1894 Number of pages (including cover pa'gc): COMMENTS:. �k a rM. W. r ptrt�DcJ..Cn I103.( CC �Oo�f -�r7 FROM Sandra L. Hochatatter Chairman (50t) 6824455 Daryl E. Baaatt Commissioner (SM) W-1453 Randy Bynum Commissioner (501)082-1451 (THONG 16 2004 11:51/ST • ARKANSAS _ • PUBLIC SERVICE COMMISSION TAX DIVISION 1000 Center Street P.O. Box 8021 Little Rock, Arkansas 72203-8021 Phone (501) 682-1231 Fax (501) 682.8043 E-mail: tax0osc.state.ar.us 11:51/No.6815796303 P 2 Sarah IN. 9radshaw Director (501) 602-1231 71: N December 14. 2004 n o m O m, . m Ms. Shirley'Brown �� N o, Washington County Deputy Clerk 280 North College Avenue, Suite 300 DP Fayetteville, AR 72701 n _ > cn Re: Annexations Dear Ms. Brown, This is to acknowledge receipt of annexation(s) Case No. CC 2004-24 and CC 2004-27. The information has been forwarded to the appropriate utilities. Sincerely, Kathy H es Executive Secretary From: Clarice Pearman To: Pate, Jeremy Subject: Ord. 4642, 4643, 4656, 4657 corrected Ex.A and Ord. 4671 & 4672 Jeremy attached are the above ordinances that had to be corrected because the legal descriptions were wrong. There will be an extra expense for these type of mistakes to republished and refiled at the courthouse. Please ask that the legal descriptions are proof very carefully before submitting. Also attached are the ordinances passed by City Council January 18, 2005. Thanks. Clarice 4 "Nortkcv>°�t �rksutsa�' Most Wldel� Read Netvs�a�erdip " AFFIDAVIT OF PUBLICATION I, 1 0() , do solemnly swear that I am the Legal CI rk of the Arica sas Democrat-Gazette/Northwest Arkansas Times ne spaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: 1110,0 Nb was inserted in the regular editions on PO# ** Publication Charge: $ I M I rb Subscribed and swom to before me this 2005. irr'uc r t1f4a rv- Sharlene D. Williams Notary. Public Notary Public State of Arkansas My Commission Expires: My commission Expires —October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED JAN 2 4 2005 CITY Oi- rhrtTTEVIUE CITY CLERICS OFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479.442-5477 (FAX) '. • • o ORDINANCE NO. 464E ORDINANCE REZONING THAT PROPERTYryevyll;RIBED IN REZONING OCATE PETITION F O I-1253PROPERTY LOCATED SOUTH OF ALBRIGH7CONTAINING APPROXIMATELY 11.76 ACRES iR-A, RESIDENTIAL AGRICULTURAL TO RSF- S SIDENTIAL SINGLE FAMILY, FOUR UNITS PER BE R ORDAINED BY THE ORY COUNCIL OF THE CRY OF FAYETTEVILLE, AMW&S Et Section 1: That the zone dei4licatlon of the idlo.Wg desMbad Property is hereby charged m talons: From R-A. Residential Agricultural to RSF-. Rescontlel Shgle Femly, far uc/b per eoe m m In EXh" -A' attached hereto end made a part hereof. Section 2: That the olAdal zoning map of the City of Fayerhavlo. Ailmnsm, is hereby amertlm to reflect the zoning change Wavided 0 Section 1 move. PAE66D and APPROVED this 1 BN dey of November, 2004. APPROVED: DDAN GOODY, Nati ATTEST: By: SMm o City CMTNt Ora. 4643 CORRECTED EXHIBIT 'A' Fiat 04-1253 A PAST OF THE NORTH HALF IN 12) OF THE SC OARTER ISE 1/4) OF SECTION EIGHTEEN ( TWENTY-NINE W WEST, BEING MORE PARTIC AT THE NORTHWEST CORNER OF SAID 20 NORTH LINE OF SAID 20 ACRE TRACT 364.40 F ON THE SOUTH RIGHT OF WAY OF ALBRIGHT RIGHT OF WAY 281.52 FEET TO THE TINE PO SAID RIGHT OF WAY 587.44'33'E 64.32 FEET: 602.95 FEET TO A POINT IN AN EXISTING FENC LINE 30D FEET,THENCE LEAVING SAID FE N02635'4WE 306.88 FEET TO THE POINT OF LESS. WASHINGTON COUNTY. ARKANSAS. % TOWNSHIP SEVENTEEN (17) NORTH, RAI UALY DESCRIBED AS FOLLOWS: COMMENC CRE TRACT: THENCE S87'24'15'E ALONG' ET THENCE S02'24'17YV 24.77 FEET TO A PC IOAD: THENCE S87.44'24'E ALONG SAID SO IT OF BEGINNING: THENCE CONTINUING ALC iENCE SW*42'530E ALONG SAID RIGHT OF 1 LINE; THENCE 50293'59' ALONG SAID FEI ICE UNE N87"24'15'W 667.37 FEET, THE EGINNING, CONTAINING 4.66 ACRES, MORE OF THE SOUTHEAST QUARTER (BE 1/4) OF S I NORTH, RANGE TWENTY NNE CM WEST, BE is COMMENCING AT THE NORTHWEST CORI ALONG THE WEST LINE OF SAID 40 ACRE TW $87-24'l5-E 364.40 FEET ALONG SAID CITY UNITS LINE, SAID LINE BEING 3W.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID 40 ACRE TRACT TO THE TRUE POINT OF BEGIN- NING; THENCE CONTINUING ALONG SAID CITY LIMITS LINE S87024'15'E 947.85 FEET TO A POINT IN AN EXISTING FENCE LINE; THENCE S02'33'5lyW 328.27 FEET TO A FENCE CORNER POST; THENCE 1487.13741W ALONG SAID FENCE 259.66 FEET TO A FENCE CORNER POST, THENCE N87'03'1M ALONG SAID FENCE 407.55 FEET TO A FENCE CORNER POST ; THENCE 1487R1'58'M ALONG SAID FENCE 279.71 FEET: THENCE LEAVING SAID FENCE NO2'24'04'E 324.n FEET TO THE POINT OF BEGINNING, CONTAINING 7.10 ACRES, MORE OR LESS, WASH- INGTON COUNTY, ARKANSAS. T