HomeMy WebLinkAboutOrdinance 4657ORDINANCE NO, 4657 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1280 FOR PROPERTY LOCATED ON ROBERTS ROAD SOUTH OF HWY. 16 EAST CONTAINING APPROXIMATELY 47.13 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 I above. PASSED and APPROVED this 2151 day of December, 2004. ATTEST: By: G .GAS Y ��� •' G'S ;FAYMEVILLE• SMITH, City Clerk I IIIIIII IIIIII III IIIII IIIII ulll IIDoc III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recorded: 02/01/200502 tr02:07:42 pry Fee Amt: $11.00 Pace 1 of 2 'Nashlnaton Countv. AR Bette Stamps Circuit Clerk Flle2005-00004788 CORRECTED EXHIBIT "A" RZN 04-1280 A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) AND A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) AND A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NE 1/4, SW 1/4, SAID POINT BEING A FENCE CORNER POST; THENCE SOUTH 02°48'58" WEST-1319.26 FEET TO THE SOUTHEAST CORNER OF SAID NE 1/4, SW 1/4; THENCE CONTINUING SOUTH 02°48'58" WEST-374.03 FEET; THENCE SOUTH 62'50' 13" WEST-442.88 FEET TO THE CENTERLINE OF A CREEK; THENCE ALONG SAID CENTERLINE THE FOLLOWING: NORTH 21 °29'33" EAST-5.11 FEET; THENCE NORTH 28°14'41" EAST-147.59 FEET; THENCE NORTH 34012'43" EAST-87.33 FEET; THENCE NORTH 01°07'38" EAST-36.74 FEET; THENCE NORTH 16043'4019WEST-36.79 FEET; THENCE NORTH 03°02'55" EAST-66.54 FEET; THENCE NORTH 26012'26" EAST-52.57 FEET; THENCE NORTH 04°01'57" WEST-41.85 FEET; THENCE NORTH 49°50'35" WEST-39.27 FEET; THENCE NORTH 22°02'56" WEST- 39.91 FEET; THENCE NORTH 07°15'43" EAST-95.90 FEET; THENCE LEAVING SAID CENTERLINE NORTH 87003T6" WEST-1,008.35 FEET TO THE SOUTHWEST CORNER OF SAID NE 1/4, SW 1/4; T14ENCE CONTINUING NORTH 87°03' 06" WEST 448.02 FEET; NORTH 02048'02"EAST-752.12 FEET, SAID POINT LYING IN THE CENTERLINE OF GOFF FARM ROAD; THENCE NORTH 58°55'30" EAST-539.81 FEET; THENCE SOUTH 02°48'33" WEST- 241.62 FEET; THENCE SOUTH 87°19'12" EAST-209.95 FEET; THENCE SOUTH 02°46'33" WEST-79.00 FEET; THENCE SOUTH 87°19'12" EAST-210.02 FEET; THENCE NORTH 02032' 1 6"EAST-576.27 FEET TO A FENCE CORNER POST ON THE NORTH LINE OF SAID NE 1/4, SW 1/4; THENCE ALONG SAID LINE SOUTH 8731'41" EAST-902.17 FEET TO THE POINT OF BEGINNING, CONTAINING 47.13 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 02/01/2005 02:07:42 PM and recorded in Real Estate File Number 2005-00004788 Bette Stamp - Circuit ark by City Council Meetin9f December 21, 2004 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: December 03, 2004 Subject: Rezoning for Doris Roberts (RZN 04-1280) RECOMMENDATION Planning Staff recommends approval of the requested rezoning for Doris Roberts, a 47.13-acre tract located on Roberts Road east of Fayetteville. This action will rezone the recently annexed 47.18-acre tract of land to RSF-4, Residential Single Family, 4 Units per acre. BACKGROUND The subject property contains approximately 47.13 acres of agricultural property located south of Huntsville Road, south and east of Roberts Road/Goff Farm Road. It is surrounded on the north and east by land in the Planning Area, on the south by land zoned RSF-4, and property to the east both in the Planning Area, zoned R-A, and zoned RSF-4. Floodway and floodplain from a West Fork of the White River tributary is located on the easternmost portion of the site. Numerous single family developments are under construction in the nearby vicinity, immediately south and west of the property. The applicant requests rezoning of the property from R-A, Residential Agricultural, to RSF-4, should the preceding annexation request by approved by the City Council. The applicant intends to develop a single family residential subdivision within the City of Fayetteville. Staff recommends approval of the proposed rezoning. The subject property is adjacent to property already zoned in a similar fashion, and approved for development. Future development of a single family residential subdivision is consistent with adjoining land both in terms of density and compatibility, and is consistent with the Future Land Use Plan for this area. This item was heard at the regular Planning Commission on November 22, 2004. The annexation and rezoning were discussed together. The Planning Commission voted 6-0 in favor of the rezoning request. BUDGET IMPACT None. 0 r ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1280 FOR PROPERTY LOCATED ON ROBERTS ROAD SOUTH OF HWY. 16 EAST CONTAINING APPROXIMATELY 47.13 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE. BE IT ORDAINED BY THE CITY FAYETTEVILLE, ARKANSAS: Section 1: That the zone property is hereby changed.f From R-A, Residential Agricultural ti units per acre as shown in Exhibit "A" PASSED Section 2. TI Arkansas, is her Section 1 above. this U ATTEST: ,t By: Sondra Smith, City Clerk reflect OF THE CITY OF of theNfollowing described tesidential Single Family, four hereto and made a part hereof. of the City of Fayetteville, zoning change provided in day of , 2004. By DAN COODY, Mayor EXHIBIT "A" RZN 04-1280 A PART OF THE NORTHEAST QUARTER (NE'/4) OF THE SOUTHWEST QUARTER (SW'/4) AND A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHWEST QUARTER (SW %4) AND A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW '/4) OF THE SOUTHWEST QUARTER ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAff NE'/4, SW %<, SAID POINT BEING A FENCE CORNER POST; THENCE SOUT,H.02°48'58" WEST-1319.26 FEET TO THE SOUTHEAST CORNER OF SAID NE j/<-SW�'4; THENCE`CONINUING SOUTH 02048'58" WEST-374.03 FEET; THENCE SOUTH 62050913"WEST-442.88 FEET TO THE CENTERLINE OF A CREEK; THENCE ALONG SAID CENTERLINE THEFOLLOWING: NORTH 21°29'33"EAST-5.1:1`FEET,T-HENCENORTH28°14'41" EAST-147.59 FEET; THENCE NORTH 34'12'43" EAST-87.33 FEET; THENCE NORTH 0100T38" EAST-36.74 FEET; THENCE NORTH 16043'40"WEST-36.79 FEET; THENCE NORTH 03002155" EAST-66.54 FEET; THENCE NORTH'26012'26" EAST-52.57 FEET; THENCE NORTH 04001757" WEST-4K85.FEET; THENCE NORTH 49050'35" WEST- 39.27 FEET; THENCE NORTH 22°02�56" WEST-39.91 FEET; THENCE NORTH 07015'43" EAST-95.90 FEET; THENCE, LEAVING SAID CENTERLINE NORTH 87003'06" WEST- I.908.35 FEET TO THE SOUTHWEST,CORNER OF SAID NE'/<, SW %4; THENCE CONTINUING,NORTH 87003'06" WEST-1008.35 FEET TO THE WEST 448.02 FEET; NORTH 02°48'02"EAST-752.1•2 FEET, SAID POINT LYING IN THE CENTERLINE OF GOFF FARM.ROAD; THENCE NORTH 58°55'30" EAST-539.81 FEET; THENCE SOUTH 02948'33' WEST-241.62 FEET; THENCE SOUTH 87°19512" EAST.7209.95-FEETJHENCE.SOUTH 02046'33" WEST-79.00 FEET; THENCE SOUTH 87° 19/'12" EAST-240002 FEET.; THENCE NORTH 02'32' 16" EAST-576.27 FEET TO A FENCE CORNER POST\ON THE --NORTH LINE OF SAID NE '/4, SW '/4; THENCE ALONG\SAID LINE SOUTH 87031'41" EAST-902.17 FEET TO THE POINT OF BEGINNING, CONTAINING 47.13 ACRES, MORE OR LESS. 1 • • T `4ev1 �e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of November 22, 2004 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Senior Planner THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: November 17, 2004 RZN 04-1280: Rezoning (DORIS ROBERTS, 608): Submitted by MARC VANPELT for property located at THE SOUTH END OF ROBERTS RD., SOUTH OF HWY 16E. The property is in the Planning Area and contains approximately 47.13 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: DORIS FAYE ROBERTS Planner: JEREMY PATE RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. PLANNING COMMISSION ACTION: Required YES O Approved O Denied November 17, 2004 COUNCIL ACTION: December 07, 2004 BACKGROUND: Required YES O Approved O Denied Property description: The subject property contains approximately 47.13 acres of agricultural property located south of Huntsville Road, south and east of Roberts Road/Goff Farm Road. Stonebridge Meadows Subdivision I is not far to the west, and Phases II and III adjoin the property to the west and south. Bridgedale Subdivision is located just north and west of the property, and the remaining surrounding property is developed with single family homes and agricultural land. The subject tract is surrounded on the north and east by land in the Planning Area, on the south by land zoned RSF-4, and property to the east both in the Planning Area, zoned R-A, and zoned RSF-4. Floodway and floodplain from a West Fork of the White River tributary is located on the easternmost portion of the site. Stonebridge Meadows S/D I1 and III are subdivisions within the City of Fayetteville directly to the south and west, currently under construction. Adjacent to the south boundary of the subject property is a 15-acre tract intended for future elementary school and city park use. Approximately 5.45 acres is approved to be dedicated for a city park along the West Fork, with the remaining land area to be developed in the future. 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 47.13 acres to RSF-4, Residential Single Family, 4 Units per Acre. The annexation request, ANX 04-1222, is an accompanying item to this rezoning request. Public Comment: Staff has received no comments from adjacent or nearby property owners. 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 Single family homes, Planning Area agricultural use South Stonebridge Meadows S/D II, RSF-4, Residential Single Family, 4 units/acre III, parkland, potential future school property East West Fork of the White River, Planning Area agricultural land West Single family residential, golf RSF74, Residential Single Family, 4 units/acre, course, agricultural R-A, Planning Area INFRASTRUCTURE: Streets: Currently the site has access to Goff Farm 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. Roberts Road to the north will need to be improved to a 20' minimum paved surface. Specific street improvements will be evaluated based on the development proposed, to meet ordinance requirements. Water: The site currently does have access to public water. The nearest water main is a 6" main to the north along Goff Farm Road and Roberts Road. Water service will need to be extended within the property at the time of development. Sewer: The site currently does not have access to sanitary sewer. An off -site sewer main extension will be required to serve this development. There is a 6" sewer main to the north, and an 8" main to the west in the Stonebridge Meadows Subdivision. A capacity analysis of the sewer lines downstream of the site shall be conducted prior to development. Fire: The subject property is located 3.4 miles from Fire Station 45. Normal driving time is 8-9 minutes. The property is located 2.5 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. 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 of the surrounding subdivisions to the south and west of the subject property. A majority of the lots within Stonebridge Meadows Phase I are developed less than 1/10`h of a mile to the west of the property on Goff Farm Road and the development of Stonebridge Meadows Subdivision Phase II/III has been approved and is under construction adjacent to the south and west 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 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. The proposed zoning will allow development that is more consistent with the development patterns in this area, under the review of city ordinances. 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 load existing traffic patterns. Specific street improvements will be evaluated based on the development proposed, to meet ordinance requirements. The developer will be expected to contribute to off -site infrastructure improvements based on the development proposed to retain a safe and adequate traffic pattern, much as other developments in this area have been required. 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 47.13 acre tract under an R-A, Residential Agricultural designation would allow for a maximum of 23 dwelling units (1 per 2 acres). With the proposed RSF-4 designation, 188 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. Additionally, much of the property may not be developed with this density, due to existing floodway and floodplain regulations associated with the West Fork on the eastern and southern boundaries of the property. Engineering - Currently the site has access to Goff Farm 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. Roberts Road to the north will need to be improved to a 20' minimum paved surface. The site currently does have access to public water. The nearest water main is a 6" main to the north along Goff Farm Road and Roberts Road. Water service will need to be extended within the property at the time of development. The site currently does not have access to sanitary sewer. An off -site sewer main extension will be required to serve this development. There is a 6" sewer main to the north, and an 8" main to the west in the Stonebridge Meadows Subdivision. A capacity analysis of the sewer lines downstream of the site shall be conducted prior to development. Fire - The subject property is located 3.4 miles from Fire Station #5. Normal driving time is 8-9 minutes. The property is located 2.52 miles from the future Fire Station #3. Normal driving time is 5-6 minutes. The addition of the fire station at the Tyson complex on Huntsville Road will greatly aid in response times in this area. 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 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 11 161.03 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 protecfion and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-familydwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 1 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 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. 1 Side 1 Rear liFront 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. 11 Unit 1 I City-wide uses by right 11 Unit 8 1 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use ermi[ Unit 3 Public protection and utilityfacilities Unit 4 Cultural and recreational facilities Unit Two-familydwellings Unit 24 Home ocou ations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family I dwellin s Units per acre 1 4 or less 1 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. 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. 1 Side 1 Rear liFront 25 ft. 1 8 ft. 1 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. FAYL rWEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS November 15, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, • POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Annexation ANX 04-1222(Doris Roberts, pp 608) and Rezoning RZN 04-1280(Doris Roberts, pp 608) submitted by Brad Bruns for property located at the south end of Roberts Road 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. Sin erely, LOila-am Tieutenant Town 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: 479-5873555 FAX: 479-587-3522 .T A N N N A A a � � W a w o W 0 m W N•N me +w� 3 3 3 m m m a O! y y Y 33 wa 553.- c c � y y N a y 4. W o 3 3 o c 3 3 3 c c (p (p C G y y N N y y Z N A Z W N Z n X o A 3 N N N N y D J J O N O ID i w O y O 18 m � c a O ^ � J T a y o m 6 3 6 o T J J w u T a P ° 3 T » J 3 m x o 0 T o�rd°s m � w - -3 n o m 3 y O T O T T 0 3 m o m n m 3 0 3 T C K y y a O 3 2 e no `�msc » 3 W 0 m W N•N me +w� 3 3 3 m m m a O! y y Y 33 wa 553.- c c � y y N a y 4. W o 3 3 o c 3 3 3 c c (p (p C G y y N N y y Z N A Z W N Z n X o A 3 N N N N y D J J O N O ID i w O y O 18 m � c a O ^ � J T a y o m 6 3 6 o T J J w u T a P ° 3 T » J 3 m x o 0 T o�rd°s m � w - -3 n o m 3 y O T O T T 0 3 m o m n m 3 0 3 T C K y y a O 3 2 e no `�msc » 3 +w� 3 3 3 m m m a O! y y Y 33 wa 553.- c c � y y N a y 4. W o 3 3 o c 3 3 3 c c (p (p C G y y N N y y Z N A Z W N Z n X o A 3 N N N N y D J J O N O ID i w O y O 18 m � c a O ^ � J T a y o m 6 3 6 o T J J w u T a P ° 3 T » J 3 m x o 0 T o�rd°s m � w - -3 n o m 3 y O T O T T 0 3 m o m n m 3 0 3 T C K y y a O 3 2 e no `�msc » 3 33 wa 553.- c c � y y N a y 4. W o 3 3 o c 3 3 3 c c (p (p C G y y N N y y Z N A Z W N Z n X o A 3 N N N N y D J J O N O ID i w O y O 18 m � c a O ^ � J T a y o m 6 3 6 o T J J w u T a P ° 3 T » J 3 m x o 0 T o�rd°s m � w - -3 n o m 3 y O T O T T 0 3 m o m n m 3 0 3 T C K y y a O 3 2 e no `�msc » 3 Z N A Z W N Z n X o A 3 N N N N y D J J O N O ID i w O y O 18 m � c a O ^ � J T a y o m 6 3 6 o T J J w u T a P ° 3 T » J 3 m x o 0 T o�rd°s m � w - -3 n o m 3 y O T O T T 0 3 m o m n m 3 0 3 T C K y y a O 3 2 e no `�msc » 3 Engineering Services, September 24, 2004 The Planning Commission City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Rezoning request for the Doris Faye Roberts Trust Property In Fayetteville, Arkansas Whom It May Concern: We are submitting a request to rezone the Doris Faye Roberts Trust Property from A-1 (Suburban Agriculture) to RSF-4 (Zoned for residential purpose). The property parcel size is approximately 47.13 acres. The tax parcel number is 001-10712-000. The pending property is sold to Riggins Construction & Development. The property is located in Section 19, Township 16 North, Range 29 West. However, tl exact location is on the Southeast side of Goff Farm Rd., approximately 0.3 miles South from its intersection with Highway 16, near Stonebridge Meadows Golf Course in the City of Fayetteville, AR. Since the proposal requests the same zoning designation as the surrounding subdivisions, it provides consistency with surrounding zoning and developments. The proposed property will fit well with the existing surrounding property. The proposed zoning will not appreciably increase traffic congestion. The property has given two entrances in case of emergency and for construction purposes. Schools, water, and sewer mains are in the immediate area. The proposed density for this subdivision is in keeping with the same density of the surrounding area. EJ. ly, oore, P.E. Secretary/Treasurer Consulting Engineers and Surveyors Jerry W. Martin, P.F.. E. Walt LCFevre, P.E. Philip C. Humbard, P.E.. BLS. Brian J. Moore, P.E. President Senior Vice President Vice President secretary / Treasurer Lngfeering Services, .,nc*. 1207 S. Old Missouri Ad. • P. O. Box 282 • Springdale, Arkansas 72765-0282 Phone:479-751-8733 • Fax:479-751-8746 September 24, 2004 Planning and Development City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RE: Rezoning request for the Doris Faye Roberts Trust Property In Fayetteville, Arkansas To Whom It May Concern: We are submitting a request to rezone the Doris Faye Roberts Trust Property from A-1 (Suburban Agriculture) to RSF-4 (Zoned for residential purpose). The property parcel size is approximately 47.13 acres. The tax parcel number is 001-10712-000. The pending property is sold to Riggins Construction & Development. The property is located in Section 19, Township 16 North, Range 29 West. However, the exact location is on the Southeast side of Goff Farm Rd., approximately 0.3 miles South from its intersection with Highway 16, near Stonebridge Meadows Golf Course in the City of Fayetteville, AR. A single-family subdivision in the area will enhance the residential characteristics for the surrounding areas in terms of land use, traffic, appearance, and signage. The proposed water line will tie to the existing 8" water main, which is located adjacent to the property. The proposed sanitary sewer line will tie to the existing 8" PVC sewer line that is located in the southwest corner of the property. Sincerely, P Bean J. Moore, P.E. Secretary/Treasurer Consulting Engineers and Surveyors Jerry W. Martin, F.E. E. Walt LeFevre, P.E. Philip C. li mbard, P.E. P.L.S. Brian J. Moore, P.E. President Senior Vice President Vice President Secretary / Treasurer 10/14/2004 09:13 479-575-a2e • ENGINEERING C.^ F- • PAGE 02 J IN THE COUNTY COURT OF WASHINGTON COUNTY, ARKANSAS DORIS F. ROBERTS, TRUSTEE of the Doris Faye Robers Trust u/d 10-16-98 NO. CC 2004- a8 ORDER OF ANNEXATION On this 23'd day of August, 2004, comes on to be heard the petition � , o PORTIWNER Z-� --1 M rn v. N a 0 � A � x � rt the o.wAter the following described property in Washington County for its annexation to the City Arkansas: A part of the Northeast Quarter (NE%) of the Southwest Quarter (SWI/) anda part of the. Southeast Quarter (SE%) of the Southwest Quarter (S W%) and a pa of the Fractional Northwest Quarter (NW %d) of the Southwest Quarter all in Section Nineteen (19), Township Sixteen (16) North, Range Twenty-nine (29) West, Washington County, Arkansas, being more particularly described as follows: Beginning at the Northeast Corner of said NE%., S W%., said point being a fence corner post; thence South 02048'58" West - 1,319.26 feet to the Southeast cower of said NE'/., S W%; thence continuing South 02048'58" West - 374.03 feet; thence South 620501131, West - 442.98 feet to the centerline of a creek; thence along said centerline the following: North 21029'33" East- 5.11 feet; thence North 28*14141" East - 147.59 feet; thence North 34012'43" East - 87.33 feet; thence North 01 °07'38" East - 36.74 feet; thence North 16043'40" West - 36.79 feet; thence North 03°02'55".East - 66.54 feet; thence North 26°12'26" East - 52.57 feet; thence North 04`01'57" West - 41.85 feet; thence North 49°50'35" West - 39.27 feet; thence North 22*02156" West - 39.91 feet; thence North 07115'43" East - 95.90 feet; thence leaving said centerline North 87°03'06" West - I,008.35 feet to the Southwest Comer of said NE%> S W%; thence continuing North 87°03'06" West 448.02 feet; North 02048'02" East - 752.12 feet, said point lying in the centerline of Goff Farm Road; thence North 5805530" East - 539.81 feet; thence South 02048'33" West - 241.62 feet; thence South 87°19'12" East - 209.95 feet; thence South 02°46'33" West - 79.00 feet; thence South 87°19'12" East - 210.02 feet; thence North 02°32'16" East - 576.27 feet to a fence comer line of said NE'/., S W%,IN; thence along said line South 87°31'41."Fiess to the POINT OF BEGNING, containing 47.13 acresmore o T y / rZit � rf Cam[ AUG 2.6 2004 ro W . ea N c yOC� wO is r j N a OL Oy N.5 o vW Otl 0 �a.o� � "1%1 C. i w G u i -0Z 5 O i .76 Ra 0 u c o r V tl P < G02% w 1 ]% • ^ 1 L O CN OolcOy SON L_N CPOO ' O _V Igo WI. n 0 O Ln YIYyN CZ> �Z" 54 IUZi n0.cW ..1 � OO c2.1 H uW n2'L _V^c c 1nT-QG 3 P O 1 v Z O L n r N N""NZi OZ6C � Po W I N!; "NCI„'�n'1.i �L -.n E MAO' a— z o. cHZ-%z0 ro -n_ L 1 t W '- A.I. y N .tC Uimc °:' P�_s yanjx o r OA 3.' ^W:°L V1=.SLC PO G T L 1 Q a L P C L+ O I1 LO. 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Mlles RA I j a� A:1 RSF RA DQVfJrF RSFJ RZN04-1280 One Mile View i I F-24 RA • DORIS RUEFERTS f(( s 1s ji t%^ ( RSF I .- \ i.. RA ..... ;... R _�eF�riRLRL.�.� 43F —p RA ♦ 1 R R : RS RA LT'YCSiNi.'.I :.��. M i i r i i t 'pp - L q RA aF i RSFr RSF] L .� iW N RS 7 RL}-I RO RA RA Overview xr- SUBJECT PROPERTY a x. e. __ ..... RS4 RW} } ftA Cr O1 1 R r to o i F t RV4 ! ;( ! •! r RSFIY R II Cj]]� M)Lp VdA LO NA III It I n ! lo P t t� ti • aOl nEHIN� � ! . Legend Boundary Master Street Plan Subject Property ,..�, Planning Area Master Street Plan MM ,,. RZN04-1280 8000% —Freeway/EXPreasway o Overlay District 000000 "'.�.... PrimPalMedal Outside City MinorArterial — — Cdle m • • • • Historic Cdledor 0 0.1 0.2 0.4 0.6 0.8 -iiiiiiiiiiiiiiiiiiiiiiiiiiiIMiles Biel IMN6141I lel:Ia lkl I Dawn T. Warrick Submitted By City of Fayetteville • Staff Review Form City Council Agenda Items Contracts 21-Dec-04 City Council Meeting Date Planning Operations Division Department Action Required: Approval of an ordinance for RZN 04-1280 (DORIS ROBERTS, 608) rezoning property located on Roberts Road, south of Hwy. 16 East containing approximately 47.13 acres from R-A, Residential Agricultural to RSF-4, Residential Single-family, 4 units per acre. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a I n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 1 �3_19 Original Contract Date: n/a Department Director Date Original Contract Number: n/a y Received in City Clerk's Office City Attorne Date L Received in Mayor's Officeg� e9 ' Mayor Date 1 s Taye I e ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jeremy Pate Interim Planning Administrator From: Clarice Buffalohead-Pearman A City Clerk Division Date: January 7, 2005 Re: Ord. No. 4657 City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayetteville.ar.us The City Council approved the above ordinance on December 21, 2004. Attached is a copy of the ordinance rezoning property located on Roberts Road. I'm sorry for the delay in returning these earlier I've been out of the office. Please forgive the inconvenience in the length of time in getting this back to you. 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 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 "NorduvestArkaAra.6'Adost Widely Read HewSP4P'er" AFFIDAVIT OF PUBLICATION I, — , do solemnly swear that I am the Legal erk of the rkdrisas 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: CIM126�eJ 44695? was inserted PO# "" Publication Charge: $ eo 12?4 Subscribed and swom to before me this _g-2 /-) day of 2005. Public My Commission Expires: Sharlene D. Williams Notary Public state of Arkansas My Commission Expires '• Please do not pay from Affidavit. October 18, 2014 An invoice will be sent. in the regular editions on P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX) N N ORDINANCE NO. 4e58 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETMON RZN 04-1280 FOR PROPERTY LOCATED ON ROBERTS ROAD SOUTH OF HWY. 16 EAST CONTAINING APPROA- MATELY 47.13 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE Be IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETTEVILLE. ARNAMBAS-' Sactbn 1: That the zone dIMiJII efbn of the follow" described pMperfY O hereby chsngad as folo : Fran R-A, Resitlentlal Agr ftur fo RSF4, Residential Sbgla Fw*,, bur VtM par acre 8S ehvvri In ExNbR'A' amaod hereto and made a part hereof. Secom 2: That the Offxial zoning map Of 91e City of FayeneA , Arkenaa9. is hereby w"Zod to reflect dIe zallrl9 dwW Novklod in Secs 1 above. FOBBED MW APPROVED Yus 219 CLOY Of December. 2004. W. SONDRA SMRN� Cft Clark EXHIBR 9A' RZN 04-1280 A PART OF THE NORTHEAST QUARTER (NE 114)1 OF THE SOUTHWEST QUARTER (SW 114) AND A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SWTNWEST QUARTER (SW 1/4) AND A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 114) OF THE SOUTHWEST OUARTER ALL IN SECTIOWNINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY NINE (29) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NE 114, SW 1/4. SAID POINT BEING A FENCE CORNER POST, THENCE SOUTH 02048'58- WEST-1319.28 FEET TO THE SOUTHEAST CORNER OF SAID NE 1/4, SW 1/4; THENCE CONTINUING SCIfTH,02948'58' WEST-374.03 FEET; THENCE SOUTH 60501T WEST 442.88 FEET TO THE CENTERLINE OF A CREEK; THENCE ALONG SAID CENTER- UNE THE FOLLOWING: NORTH 21029'33' EAST-5.11' FEET; THENCE NORTH 28014'41- EAST- 147.59 FEET, THENCE NORTH 34-12.43' EAST-87.33 FEET: THENCE NORTH 01'07'38' EAST-36.74 FEET; THENCE NORTH 16943'40-WEST-36.79 FEET; THENCE NORTH 03902'55- EAST 66.54 FEET; THENCE NORTH 26.12.2T EAST 52.57 FEET, THENCE NORTH 04901'57' WEST 41.65 FEET THENCE NORTH 4W50'35' WEST 39.27 FEET THENCE NORTH 22902'56' WEST 39.91 FEET THENCE NORTH 07015'43' EAST-95.90 FEET; THENCE LEAVING SAID CENTERLINE NORTH 87'03'W' WEST 1,OOB.35 FEET TO THE SOUTHWEST CORNER OF SAID NE 1/4. SW 1/4; THENCE NORTH 87903'OB' WEST-100835 FEET TO THE WEST 446.02'FEEP, NORTH CONTINUING 02'48'02-EAST-752.12 FEET, SAID POINT LYING IN THE CENTERUI THENCE NORTH 58655'30' EAST-539.61. FEET, THENCE SOUTH 02 THENCE SOUTH 67919'12' EAST 209.95 FEET THENCE SOUTH 0 THENCE SOUTH 87.19'12' EAST 210,02 FEET; THENCE NORM 02'32 FENCE CORNER POST ON THE NORTH LINE OF SAID NE 1/4. SW 1/4 SOUTH 87'31'41- EAST-902.17 FEET TO THE POINT OF BEGINNING, MORE OR LESS. lio 10 IV 111 ' 'To' IN e! we l�T�•�A ff ITT A•mkf/A0,2�a I`h rA�T�A�• AFFIDAVIT OF PUBLICATION I, L cam, do solemnly swear that I am the Legal Ct rk of the ArkbAss 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: NP ' (4� was inserted in the regular editions on I PO# Publication Charge: $ Subscribed and sworn to before me this P ! dayofl,2U 12005. d,�[��ca I/,'D�� Notary. Public Sharlene D. Williams Notary Public My Commission Expires: Rdy State Arkansas -�e.....,ission Expires October 18, 2014 •* Please do not pay from Affidavit. An invoice will be sent. RECEIVED JAN 24 2005 CITY Oh i-^YETTEVILLE CRY CLERK`S OFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 0 479-442-5477 (FAX) DNDIIUMCE NO. fEOT DE F 3 D IN R RQONING TON RZI OPERTY 04-1280Sve ev DESCRIBED IN RQ0t41ON PETITION RZFf 04-1280 FOR PROPERTY LOCATED ON ROBERTS ROAD SOUTH OF HWY. 18 EAST CONTAINING APPRO%I- MATELY 47.13 ACRES FROM R-A. RESIDENTIAL ARKA AGRICULTURAL TO FISF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE - BB R ORDAINED BY THE CRY COUNCIL OF THE CRY OF PAYETTEVILLB, ARNANBABr Section 1: That the zone classitc lan of the folloWng described properly is Hereby d1si w l0lbWe: From R-A, Residential A9ricutturel to RSF4, Resl6entlel Single Family, far untts per acre es shown In EWNt'A' attechal hereto ano rnai a part hereo/. . . bon 2: Tfat Ine official zarurg map of the City of FayeaeWb, AManaae, is zorwg Merge provided In Section 1 above. SEED wW APPROVED the 21 st day Of December, 2004. DAN COODY, Ylgor ATTEST: SDKDRA INI CRY CMrN DWIBR'A' RZN D4-1280 A PART OF THE NORTHEAST QUARTER (NE 1141 OF THE SOUTHWEST QUARTER (SW 1/4) AND A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) AND A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER ALL IN SECTION NINETEEN (19), TOWNSHIP SIRTEEN (16) NORTH, RANGE TWENTY NINE (29) WEST, WASHINGTON COUNTY. ARI4ANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NE 1/4. SW 1/4. SAID POINT BEING A FENCE SAID NE 1/4, SW 1/4; THENCE CONTNUINU B I H Ve-4d an- wt�"14.w r¢ is 1 rlmc a 'n 62050'13- WEST 442.88 FEET TO THE CENTERLINE OF A CREEK THENCE ALONG SAID CENTER- LINE THE FOLLOWING: NORTH 21'29'33- EAST-5.11 FEET, THENCE NORTH 28.14'41' EAST 147.59 FEET; THENCE NORTH 34'12'43- EAST-87.33 FEET: THENCE NORTH 01 TT38' FAST-36.74 FEET, THENCE NORTH 16943'40'WEST-38.79 FEET; THENCE NORTH 03602'55- EAST 68.64 FEET, THENCE NORTH 26'12'26' EAST 62.57 FEET, THENCE NORTH 04001'57' WEST 41.85 FEET: THENCE NORTH 49°50'35' WEST 39.27 FEET, THENCE NORTH 22902'56' WEST 39.91 FEET; THENCE NORTH 07015'43' EAST-95.90 FEET; THENCE LEAVING SAID CENTERLINE NORTH 87'03'06' WEST 1,008.35 FEE -TO THE SOUMWEST CORNER OF SAID NE 114, SW 1/4; THENCE CONTINUING NORTH 87003'06' WEST-1008.35 FEET TO THE WEST448.02 FEET: NORTH 02048'02'EAST-752.12 FEET, SAID POINT LYING IN THE CENTERLINE OF GOFF FARM ROAD; THENCE NORTH 58°55'30' EAST-539.81 FEET; THENCE SOUTH 02°48'33- WEST-241.62 FEET: THENCE SOUTH 87'19'12' EAST 209.95 FEET, THENCE SOUTH 02046'33- WEST-79.00 FEET: THENCE SOUTH 87619'12' EAST 210.02 FEET; THENCE NORTH 02'32'/6' EAST-576.27, FEET TO A FENCE CORNER POST ON THE NORTH UNE OF SAID NE 1/4, SW 1/4; THENCE ALONG SAID LINE SOUTH 87'31'41' EAST-902.17 FEET TO THE POINT�OF BEGINNING, CONTAINING 47.13 ACRES,