Loading...
HomeMy WebLinkAboutOrdinance 4713 iieON!diittiiit�1tiitiiiitt1ittit: 07/14/2005iiittiiiiuettii1ttiiiitiiittiitiitiit02 : 39 : 02PMDo008701300002 Tvoe : REL R Fee Amt : $11 . 00 Pane 1 of 2 Mashlnoton Countv . AR Bette Stamos Circuit Clerk ORDIrkXKCE NO. 4713 Flle2005-0003066.2 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZOING PETITION RZN 054452 FOR APPROXIMATELY 6.68 ACRES LOCATED AT 5450 HUNTSVILLE ROAD FROM C- 1 NEIGHBORHOOD COMMERCIAL TO RSF-4 SINGLE FAMILY, 4 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 C- 1 , Neighborhood Commercial to RSF-4, Residential Single Family, 4 units per acre, as shown on 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 71hday of June, 2005. APPROVED: ` �RK/TR . � a \TY 1U. : G O FAYETTEVILLEF,•G�p.00 By: ; • _ DAN COODY, Mayor ATTEST: `L '• 'A TOJ " uuuuwa`` By: SONDRA SMITH, City Clerk N N EXHIBIT "A" RZN 05-1452 (TRACT B) REZONE EXISTING CITY PROPERTY TO RSF-4, AS FOLLOWS; A PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W1/4) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8727'31 "E 930.97 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF SAID NORTHWEST QUARTER (NW 1 /4), THENCE NO2040'06"E 350.01 FEET; THENCE S87038'06"E 827.08 FEET; THENCE S02041 '09"W 353 .76 FEET; THENCE N87°22'31 "W 826.96 FEET TO THE POINT OF BEGINNING, CONTAINING 6.681 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS . N N Washington County, AR I certify this instrument was filed on 07/1'4/2005 02:39:02 PM and recorded in Real Estate File Number 2005-00030882 Bette Stamps - Circuit Cler I by © �oet� / City Council Sing of June 07, 2005 6/7 Agenda Item Number CITY COUNCIL AGENDA MEMOas�� ✓� To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: May 20, 2005 Subject: Rezoning for Lane (RZN 05- 1452 — Tract B) RECOMMENDATION The Planning Commission voted to deny the subject rezoning request rezoning approximately 6.68 acres of property from C- 1 , Neighborhood Commercial, to RSF-4, Residential Single Family — 4 units per acre. Planning Staff originally recommended denial of the rezoning request. BACKGROUND The subject property contains 6.68 acres owned by the Lanes. It is located north of Huntsville Road (Hwy 16 East) and west of Deerfield Way Subdivision in southeast Fayetteville. This property was incorporated into the City of Fayetteville in the 1960s when Lake Sequoyah, a primary water source, and a strip of property along Huntsville Road were annexed. It is currently zoned C- 1 and designated Neighborhood Commercial on the Future Land Use Plan. The applicant owns an additional 24. 191 acres of property north of the current city limits. A rezoning application was submitted to the Planning Division to rezone all 30.871 acres RSF-4. The Planning Commission modified its consideration of the property proposed to be rezoned, making separate motions regarding the request to rezone the 24. 191 -acre tract of property (Tract A) and the subject 6.68-acre tract of property (Tract B). The applicant intends to develop this property for a single family subdivision similar. in . density and character to the surrounding subdivisions. The applicant requests a rezoning of the subject property from R-A, Residential Agricultural, to RSF-4, Residential Single- family — 4 units per acre, to allow the development of a residential subdivision. DISCUSSION This item was heard at the regular Planning Commission on May 09, 2005 . The Planning Commission voted 8-0-0 to deny this item. The applicant has submitted an appeal of the Planning Commission decision to the City Clerk within the 10-day appeal period. (See applicant' s appeal of Planning Commission decision.) The original rezoning request was for a rezoning from the property annexed (24. 191 acres, R-A) and that already in the city (6.68 acres, C- 1 ). Staff recommended denial of City Council Ating of June 07, 2005 Agenda Item Number this request, finding that the C- 1 property was appropriate in this area and met the Future Land Use policy of the city. The Planning Commission separated the original request into two recommendations: (1 ) Approval of the RSF-4 for the northern 24. 191 acres; and (2) Denial of rezoning the existing C- 1 to RSF-4. See attached agenda items ANX 05-1451 (Lane) and RZN 05-1452 (Lane — Tract "A") for staff report, minutes, and supplementary information. BUDGET IMPACT None. Mx&&J ampany REGISTRATIONS: &9ineering & Sveyiny PE: AR, MO Melvin L. Milholland, PE, PLS PLS: AR Thomas M. Jefcoat, RLA, REM, CPESC RLA: AR May 12, 2005 Project No. E-745 FAYETTEVILLE 113 West Mountain Fayetteville, Arkansas 72701 RECEIVED ATTN: Sondra Smith, City Clerk MAY 13 2005 RE: Zoning Request denial, Forrest and Modyne Lane RZN 05-1452: (LANE, 571) CITY OFFAYETTEVILLE CITY CLERK'S OFFICE Dear City Clerk and City Council Members: This correspondence is an Appeal to reverse the decision of the Planning Commission, made on May 9th, in denying re-zoning of a portion of the referenced property. The Lane's ask that you, consider the current and true potential land use of this property. The Lanes are appreciative and agree with the consideration given by the Planning Commission in approving the property area requested for annexed into the City, zoning that portion RSF-4 (Single Family Residential at 4 Units per Acre). The Lanes disagree in the Planning Commission's decision to leave that area previously taken into the City along the Hwy. 16 corridor as currently reflected on 2020 plan as C- 1 . The reason that this property appears as C- 1 along the Hwy. 16 corridor, is the results of the previous land owner' s desires, that never matured. And, at the pervious owner's request, not that it is currently the correct or best use of the property. Historically, commercial property thrives and is successful where there exists a residential population that supports it. Generally, successful commercial area locate at major four-way intersection, not at a strip on one side of a subdivision and Highway. Existing commercial properties along this corridor, over years have struggled and closed from Baldwin to the Hwy. 265 intersection. This project presents that opportunity and will aid in the survival of both existing and need for future commercial ventures to develop along this corridor. Other lands and opportunities will emerge for commercial use as the community' s residential base grows. This property, developed for residential use at this time realistically offers solutions and is not contradictory to the General Plan 2020. The General Plan 2020 recognizes needs and is a guide that reflects planned residential growth that then supports planned commercial growth, allowing for adjustments, as is the purpose and nature of this request. You are asked to take an candid look at the subject property and decide, is residential growth needed at this time in support the existing community or shall this property remain vacant for an extended period. Your guidance, wisdom, and understanding are requested. 205 West Center Street; Fayetteville, Arkansas 72701 ; Phone: (479) 443-4724; Fax: (479) 443-4707; E-mail: MCCIengr(a)swbell.net /ALILd amps REGISTRATIONS: 6igineering & Snrveyinq PE: AR, MO Melvin L. Milholland, PE, PLS PLS: AR Thomas M. Jefcoat, RLA, REM , CPESC RLA: AR There is no knowledge that adjoining neighbors or the public have an objection against this request for re-zoning of the entire property to RSF-4. Denial of this request for re-zoning of the 6.68 acres fronting Hwy. 16 places a long term economic burden on the Lane's property and presents a financial restraint, restriction, on the potential developer and owners of those residential lots that adjoin strip commercial use property. The appearance and results of long term C- 1 strip use can be viewed at any of the existing commercial sites along this corridor between Baldwin and Hwy. 265. Your positive consideration of this request is appreciated. Respectfully Requested; Z/ 3�03� C:: � �i�' r Date Forrest Lane Date Modyne Lane cc: Suzanne Morgan, Planning Division 205 West Center Street; Fayetteville, Arkansas 72701 ; Phone: (479) 443-4724; Fax: (479) 443-4707; E-mail: MCOenerPswbell.net EXHIBIT ,7A77 ' "'m, sAumrrE on wa 110. 197 .Foy � o _ -- , I3t i =N,3YD�E Rm _ _ J STAVE . �L �. ,9 , 1�jo FAfZ1RWL IF ffg nfl.. ff ff OVNM DAM u e. FTDIETT E LANE (NNSINlM pyo' DATE. ' L 1®YW LANE HV6D R.EZQN1NG VICINITY IAP E - 74. 5. RQONING DESCPoP110N: (RQONE HE ALL LANDS RSF-4) . REZONE FROtf -A' 0 4:1FOLLDNTNG: A PART OF THE NORTHWEST QUARTER (NWJJ OF SEMKIN TWENTY (20). TOWNSHIP SIXTEEN (16) NORM, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST ,QUARIER (VQ CORNER OF SAM SECTION 20 AND CONTINUING THENCE SB7'27'J1OE 930.97 FELT TO A PONT ON THE SOUTHERN BOUNDARY OF SAM NORTHWEST WARIER t "QAND CONTINUM THNW74WOS-E 350.01 FEET 70 THE POOR OF BEGINNING: SAID ENCE POINT BEING THE INTERSECTION OF LA VAE THE: DUSTING FAYETTENLLE CITY LIMITS BOUNDARYm N ADM THE WESTERNBOUNDARYOF A � ZN05 - PARCEL OF LAND DESCRIBAS TRACTS B A C A WARRANTY DFILED OF I L(5Z RECORD. IN BOOL( 1780 PAGES. 240 NO 241. N THE .CIRCUIT CIERK'S. OFFICE . OF WASHINGTON COUNTY, ARKANSAS. REG IVED . INEN DE No74O@0S-E 1441.44 FEET: THENCE N6rOWWT 24&16 FEET: . THENCE N83'3YWI 213.11 FEET To THE EAST BWNI6:ARY' of THE N* OF ULp NUI THE W4 OF SND SECTION 2o- F1FR O. $ 2OD5 THENCE SDr3r24"W 664.64 FEET TO A POINT ON THE EAST BOUNDARY OF . j SND NVQ OF THE NWk THENCE S8T76'SYE 446'50 FEET: CITY.OF FAYETT6VIL THENCE 41@09V 1031.51 FEET TO THE EXSTING FAYTTTTEVfl1.E CITY LI ITS NN N I I THEM ALONG SND CITY LIMITS BOUNDARY NSTMOWW 827 os' FEET TO THE PONT OF BEGINNING, CONTAINING 24.191 ACRES. MORE OR LESS, FAYEHEVIIE, WASHINGTON COUNTY.. ARKANSAS. E A LGU/ AND REZONE omm CITY PROPERTY TO RSF-4, AS FOLLOWS: A PMT OF THE NORTHWEST QUARTER (NQ- OF SECTION TWENTY (20). TOWN$IIP 1 SIXTEEN (16). NORTH.. RANGE TWENTY-NINE (29), WEST, MORE PARTICULARLY DESCRIBED .. .N AS COMMENCING AT THE WEST QUARTER (W4) CORNER OF SAID SECTION 20 AND O� OMMkUNO THENCE SB7'27.NIt 93097. FEET. W. A POINT. OM. THE SOUTHERN. BOUNDARY OF SAID NORTHWEST QIMRIER (NW41 i THENCE NWAIWOBE 350.01 FEET: J THENCE SBT38'O6-E 827.08 FEET: THENIX SOr4tNOWW '353.76 FEET; EXHIBIT W THENCE NBT22'31'YI a269q FEET TQ TE PANT OF BEGINNING. CONTAINING PROPERTY TO BE REZONED &681 ACRES' MORE OR LESS, FAYETTEVILC& WASHINGTON COUNTY, ARKANSAS. ASAA6MnBrs B Y APPLICA � 1 TOTAL 11EZN� To RSF-4- BEING 3D.87z ACRES N[IE Nt :lEss 1 I _. I Second Subm,� Fa,( IOarcc/S cbse j Subricd as : 2�n1o�s - )ysa yl15fms 7'-�- N Milholland Engineering *urveying LETTER 0 TRANSMITTAL 205 West Center Street Date: May 20, 2005 Job No: E-745 Fayetteville, Arkansas 72701 Attention: City Clerk Phone: (479) 443-4724 Fax: (479) 443-4707 RE: Lane's appeal E-mail: MCOengr(a)swbell.net To: City Clerk 1 13 West Mountain Fayetteville Ar 72701 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover Via the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ COPIES DATE I NO. I DESCRIPTION 10 5-20-05 E-745 Lane's Property Portfolio THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Returncorrected prints ❑ For review & comment ❑ ❑ For Bids Due 200_ ❑ Prints Retumed after Loan to us REMARKS If you have any questions please call. COPY TO: File SIGNED: C For: Melvin L. Milholland, Owner/PE/PLS lfendosu are not w noted, kinal ,no* ( at once 06 H c n rt Cs 0 L4 0 CA- t T X U VI 2 O l u in fD +D C d os < y y I n c to o c � ' CL m o CD CD cc C) S O N P ., aj •C M f < < O Av nrD � pro a N O d oun � v N o G 0 GOA :16 om3 � a � o � 0 3 c -• cs n = y. A 'sema l s r O r. Lo 3 im T C _ T r O r1 0� O O 3 O M (D /w—�'• �,• O. < N W a og � CD G. N d v , 0 e� N (D v o 7 (p T 0 (A •A S z (D � o rt S G V1 O_ T Q n (D j S o m —. M ID (L g N o UD �. � T cu m Ln CCD m � 1 ` y < raa 3 . PA I n T 1 \ , J 1 r 1 ✓1. �n i 3 rt N 3 o a3 rt al 0 42 3 �' S aCN a 3 rt S_ p a O f g mo < m m Dm CD a e ^' a0 rt \1 i Z m og � m O O a m C m < _ c' nCD m e U� Cr W a H r'o 'a 3. V Ul CL NCD en U3 fmmdn un I Cf O D El A co � � _ 0 33 o rt 3 D CD C o of � O (A m Vl a o ec� R. I 0 �l < 0 oa g v N al � CD fD C <nrn O M (. o mml io r�o _ om d �\ � s ? � U) c. pm � o rt m f T m .. 1 (D N a m o ° S ro m �. tp rb 7 M mg U2 O al m m � ,m^, a' o ? m OL v l 0 0 I - � _ g \ d CL CL / \ « » Z�3 e « > \ ■ : / \� ~ \ { j ( � } 2 %Acn \ \ 0 k\/ = O= EP _] ) MM (/ c MacL Z %& qat / // }< }( 2\ GE]« / CD Em 4/\2CD :E_ o )( \\\ (] =r } Pr Er 0 \m n (< \§ /7 § } «E \/\} 026 }n / no m rolm O � 0 m r� @ fop Ma C m IMMEME �■ � � ■ MEMOS U2 to) n A k � § O � 0 K $ m0 @ � m N O � � U2 O � � (D From: Clarice Pearman To: Pate, Jeremy Date: 6/13/05 1:25PM Subject: Ord. 4708, 4709, 4711, 4712 & 4713 Jeremy, Attached are copies of the above ordinance passed by City Council June 7, 2005. From: Clarice Pearman To: Goddard, John; Jorgensen, Date: 6/13/05 1:30PM Subject: Fwd: Ord. 4708, 4709, 4711 Todd; Randall, Clyde 4712 & 4713 >>> Clarice Pearman 06/13/05 01:25PM >>> Jeremy, Attached are copies of the above ordinance passed by City Council June 7, 2005. unn j�EvW -I morduvest Arrksutlsa. I most Wider Read NeurspApev, AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the 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: �'Lj�ic,A�) 4-7 ('�) was inserted in the regular editions on =or PO# **Publication Charge: $ 1Oa'A0 Subscribed and sworn to b fore me this day of Notary Public Sharlene D. Williams Notary Public My Commission ExW StaMte o Ansas October 1.;, 2014 Please do not pay from Affidavit. An invoice will be sent. RECEIVED JUN 20 M CRY OF FAYETTEVILLE CITY CLERICS OFFICE P.O. BOX 1607 0 212 N. EAST AVENUE • FAYETTE 2005. ORDINANCE NO. 4713 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZOING PETITION RZN OS -1452 ' FOR APPROXIMATELY 8.68 ACRES LOCATED AT 1 n 5460 HUNTSVIUF ROAD FROM C-1 NEIGHBOR- ', Y'l PV1 HOOD COMMERCIAL TO RSF-0 SINGLE FAMILY, 4 eVl'UNIT$Pf7i ACRE ARKANSAS" EE R ORDAINED BY THE CM COONCIL OF - 1NE CITY OF FAYETTEVILLE; ARKANSAS: - Section 1: That To zone CUSI iMebon of the bIDWI described pmPeny Is hereby changed as fo0w5: From C-1, NelgN"hood CannletiW to RSF-4, ResldentW Shgle Fe ly, 4 urits per am, as shown W ExhiWt'A'Atta W heeto end made a pert hereW. Section 2:'The the ofFdBl zordrg map W the City of FayehaAll9. Adlarleaa b heeby amerced to reflect the zoning charge proNdad in Section 1 above. PASSED. and APPROVED this 7th day of June, 2006, APPROVED: By: DAN, COODV, A1I ATTEST: B': SONDRA SMITNW cny CNzt EXHIBFr'A' RZN 05-1452 (TRACT 8) REZONE EXISTING CITY PROPERTY TO RSF-4, AS FOLLOWS: A PART OF THE NORTHWEST CUAATER (MN1/q) OF SECTION 7VJEPfiV rIDI TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARIICUIMLY DM' CRIBED AS COMMEND ING AT THE WEST QUARTER (W114) CORNER OF SAID SECTION 20 AND CONTINUING THENCE S8727'31'E 930.97 REEF TO A POINT ON THE SOUTHERN BOUNDARY OR SAID NORTHWEST Ol1ARTER (NW1/4), THENCE N02040'06 -E 350.01 FEET,THENCE SB7°38'08'E 827.08 FEET,THENCE S02'41'09'W 353.76 FEED, THENCE N87922 -31'W 826.96 FEET TO THE POINT OF BEGINNING, 0016 .681 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. VILLE. ARKANSAS 72701 • 479-571-6470 - —'