HomeMy WebLinkAboutOrdinance 4733 Doc ID : 009064470003 Tvoe : REL
Recorded : 09/06/2005 at 09 : 54 : 42 AM
Fee Amt : $14 . 00 Peae 1 of 3
Waehlnaton County . AR
Bette Stamos Circuit Clerk
Flle2005-00039232
ORDINANCE NO. 4733
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 05- 1491 FOR APPROXIMATELY 24.35 ACRES LOCATED AT
THE NORTHEAST CORNER OF MOUNT COMFORT AND HUGHMOUNT
ROAD, FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4,
RESIDENTIAL 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 R-A, Residential-Agricultural to RSF-4,
Residential Single-Family, 4 units per acre, as shown in
Exhibit "A" attached hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 2"d day of August, 2005.
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APPROVED:
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; FAYETTEVILLE ' EBy:
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0'. q P5:�` DAN COODYtMayor
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ATTEST: y�NG �ON•�p���,•
By: _
S NDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05- 1491
PART OF THE FRACTIONAL NORTHWEST QUARTER (FRL NW 1 /4) OF SECTION 1 ,
TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART OF THE SOUTH HALF (S 1 /2) OF
SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT A FOUND IRON BOLT, SAID BOLT ACCEPTED AND USED AS THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE FRACTIONAL
NORTHWEST QUARTER (FRL NW 1 /4) OF SAID SECTION 1 , TOWNSHIP 16 NORTH,
RANGE 31 WEST THENCE NORTH O1 DEGREES 53 MINUTES 58 SECONDS EAST A
DISTANCE OF 28.33 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN AND THE POINT
OF BEGINNING; THENCE NORTH 84 DEGREES 40 MINUTES 38 SECONDS WEST A
DISTANCE OF 19.29 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH
76 DEGREES 20 MINUTES 32 SECONDS WEST A DISTANCE OF 63 .43 FEET TO A FOUND
1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 64 DEGREES 58 MINUTES 43 SECONDS
WEST A DISTANCE OF 61 . 18 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE
NORTH 47 DEGREES 49 MINUTES 33 SECONDS WEST A DISTANCE OF 69.50 FEET TO A
FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 35 DEGREES 00 MINUTES 05
SECONDS WEST A DISTANCE OF 67.78 FEET TO A FOUND 1 /2 INCH DIAMETER IRON
PIN; THENCE NORTH 15 DEGREES 54 MINUTES 21 SECONDS WEST A DISTANCE OF
70.73 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 00 DEGREES
20 MINUTES 48 SECONDS EAST A DISTANCE OF 563.56 FEET TO A SET COTTON PICKER
SPINDLE; THENCE SOUTH 85 DEGREES 36 MINUTES 33 SECONDS EAST A DISTANCE OF
23 . 81 FEET TO A SET 5/8 INCH DIAMETER IRON PIN; THENCE NORTH 40 DEGREES 05
MINUTES 48 SECONDS EAST A DISTANCE OF 15.55 FEET TO A FOUND 1 /2 INCH
DIAMETER IRON PIN; THENCE NORTH 79 DEGREES 34 MINUTES 49 SECONDS EAST A
DISTANCE OF 437.56 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE
NORTH 03 DEGREES 47 MINUTES 41 SECONDS EAST A DISTANCE OF 354.75 FEET TO A
FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 71 DEGREES 56 MINUTES 02
SECONDS EAST A DISTANCE OF 112. 10 FEET TO A FOUND 1/2 INCH DIAMETER IRON
PIN; THENCE NORTH 71 DEGREES 55 MINUTES 52 SECONDS EAST A DISTANCE OF
556.38 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN AND THE NORTHWEST
CORNER OF WILDFLOWER MEADOWS SUBDIVISION; THENCE ALONG THE WEST LINE
OF SAID WILDFLOWER MEADOWS SUBDIVISION SOUTH 03 DEGREES 06 MINUTES 36
SECONDS WEST A DISTANCE OF 832.24 FEET TO A FOUND 1 /2 INCH DIAMETER IRON
PIN; THENCE LEAVING SAID WEST LINE NORTH 87 DEGREES 56 MINUTES 15 SECONDS
WEST A DISTANCE OF 208.26 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN;
THENCE SOUTH 03 DEGREES 03 MINUTES 18 SECONDS WEST A DISTANCE OF 626. 12
FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 87 DEGREES 51
MINUTES 31 SECONDS WEST A DISTANCE OF 310.40 FEET TO A FOUND 1/2 INCH
DIAMETER IRON PIN; THENCE NORTH 87 DEGREES 55 MINUTES 51 SECONDS WEST A
DISTANCE OF 283 .81 FEET TO THE POINT OF BEGINNING, CONTAINING 24.35 ACRES,
MORE OR LESS, AND BEING SUBJECT TO THE RIGHT OF WAY OF MOUNT COMFORT
ROAD ALONG THE SOUTH AND WEST SIDES AND WASHINGTON COUNTY ROAD # 703
ALONG THE WEST SIDE THEREOF. AND ALSO BEING SUBJECT TO ANY EASEMENTS,
RIGHTS OF WAYS, COVENANTS AND RESTRICTIONS OF RECORD.
Washington County, AR
I certify this instrument was filed on
09/06/2005 09:54:42 AM
and recorded in Real Estate
File Number 2005-00039232
Bette Stamps - Circuit CI r t
by
02,/0
City Council eting of June 21 , 2005
Agenda Item Number 7 3�
CITY COUNCIL AGENDA MEMO J>X r DIVOV
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: May 25, 2005
Subject: Rezoning for Dixie Development (RZN 05- 1491 )
RECOMMENDATION
The Planning Commission voted to recommend approval of the subject rezoning request
rezoning approximately 24.35 acres of property from R-A, Residential Agricultural, to
RSF-4, Residential Single-Family — 4 units per acre, should the City Council approve the
preceding ANX 05- 1490.
BACKGROUND
The subject property contains 24.35-acres and is owned by Dixie Development. It is
located at the northeast corner of Mount Comfort Road, where the Minor Arterial Street
turns north and continues as Hughmount Road. Property recently platted as Wildflower
Meadows Subdivision adjoins the property to the east. Other subdivisions such as
Bridgeport and Clabber Creek are located south and east of the subject property. If the
preceding ANX 05- 1490 is approved, the property will be zoned R-A, Residential-
Agricultural. I .
The applicant intends to develop this property for a single family subdivision with 63
single family lots, similar in density and character to the surrounding subdivisions within
the City and a recently approved subdivision in the Planning Area. The applicant
requests a rezoning of the subject property from R-A to RSF-4 to allow the development
of a residential subdivision.
Should the annexation of this property approved, staff recommends approval of this
rezoning request based on findings stated herein. The development of this property will
be compatible with those residential developments surrounding the property.
DISCUSSION
This item was heard at the regular Planning Commission on May 23, 2005. The Planning
Commission voted 9-0-0 to recommend this rezoning request should the City Council
vote to approve ANX 05- 1490, which would incorporate the subject property into the
City of Fayetteville.
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City Council Ming of June 21 , 2005
Agenda Item Number
The Planning Commission voted 5-4-0 to deny the request to annex the 24.35-acre
property, as it would result in the creation of an island of unincorporated property.
Anticipating that the denial of the annexation would be appealed by the applicant to the
City Council, the City Attorney recommended that the Planning Commission make a
recommendation for the rezoning request should the City Council approve the
annexation.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1491 FOR APPROXIMATELY
24.35 ACRES LOCATED AT THE NORTHEAST CORNER OF
MOUNT COMFORT AND HUGHMOUNT ROAD, FROM R-A,
RESIDENTIAL-AGRICULTURAL TO RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE. ,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
i
Section 1 : That the zone clas ification of the following described
property is hereby changed as follows: r
From R-A, Residential-Agricultural to RSF-4, Residential Single-Family, 4 units
per acre, as shown in Exhibit "A" attached.hereto and made a part hereof.
Section 2. Thatahe official zomng:map of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoni%ng 'change provided in Section 1
above.
PASSED AND APPROVED this i day of �� 12005,
J APPROVED:
` By.
DAN COODY, Mayor
ATTEST`:,=
By: ...
Sondra Smith, City;Clerk
EXHIBIT "A"
RZN 05-1491
PART OF THE FRACTIONAL NORTHWEST QUARTER (FRL NW 1/4) OF
SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND PART OF THE
SOUTH HALF (S 1 /2) OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 30 WEST,
OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
............. .
COMMENCING AT A FOUND IRON BOLT, SAID BOLT ACCEPTED AND USED
AS THE SOUTHWEST CORNER OF THE SOUTHEAST,QUARTER (SE 1 /4) OF
THE FRACTIONAL NORTHWEST QUARTER (FRL NW 1 /4) OFSAID SECTION 1 ,
TOWNSHIP 16 NORTH, RANGE 31 WEST THENCE NORTH 01 'DEGREES 53
MINUTES 58 SECONDS EAST A DISTANCE OF,2833 �FEET TO AFQUND 1 /2
INCH DIAMETER IRON PIN AND THE POINT OF BEGINNING; THENCE NORTH
84 DEGREES 40 MINUTES 38 SECONDS WESTA DISTANCE OF 19.29TEET TO
A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH 76 DEGREES 20
MINUTES 32 SECONDS WEST A DISTANCE OF 63i43`FEET TO A FOUND 1 /2
INCH DIAMETER IRON PIN; THENCE NORTH 64 DEGREES 58 MINUTES 43
SECONDS WEST A DISTANCE OF 61 -18 FEET TO A FOUND 1 /2 INCH
DIAMETER IRON PIN; THENCE NORTH47:DEGREES 49MfNUTES 33 SECONDS
WEST A DISTANCE OF 69.50 FEET TOA FOUND34 /2 INCH'bIAMETER IRON
PIN; THENCE NORTH 35 DEGREES 00!MINUTES 05::SECONDS WEST A
DISTANCE OF 67.78 FEET TO A FOUNdl,/2 INCH OIiA/METER IRON PIN;
THENCE NORTH-'15 DEGREES 54 MINUTES 21 SECONDS WEST A DISTANCE
OF 70.73 FEET'PO A FOUND P/2 INCH DIAMETER IRON PIN ; THENCE NORTH
00 DEGREES 20 MINUTES 48-SECONDS EAST A DISTANCE OF 563 .56 FEET TO
A SET COTTON PICKER SPINDLE; THENCE SOUTH 85 DEGREES 36 MINUTES
ONDS
33 SECEAST A DISTANCE OF 23 :81 FEET TO A SET 5/8 INCH DIAMETER
IRM THENCENORTH 40DEGREES 05 MINUTES 48 SECONDS EAST A
DISTANCE OF 15.55 FEET TOA FOUND 1 /2 INCH DIAMETER IRON PIN;
THENCENORTH 79 DEGREESN MINUTES 49 SECONDS EAST A DISTANCE
OF 43756 FEET TO A FOUND 1 /2 INCH DIAMETER IRON PIN; THENCE NORTH
03 DEGREES :47 MINUTES 41 SECONDS EAST A DISTANCE OF 354.75 FEET TO
A FOUND I /2 INCH DIAMETER IRON PIN; THENCE NORTH 71 DEGREES 56
MINUTES 02 SECONDS EAST A DISTANCE OF 112. 10 FEET TO A FOUND 1/2
INCH DIAMETERIRON PIN; THENCE NORTH 71 DEGREES 55 MINUTES 52
SECONDS EAST A DISTANCE OF 556.38 FEET TO A FOUND 1 /2 INCH
DIAMETER IRON PIN AND THE NORTHWEST CORNER OF WILDFLOWER
MEADOWS SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID
WILDFLOWER MEADOWS SUBDIVISION SOUTH 03 DEGREES 06 MINUTES 36
SECONDS WEST A DISTANCE OF 832.24 FEET TO A FOUND 1/2 INCH
DIAMETER IRON PIN; THENCE LEAVING SAID WEST LINE NORTH 87
DEGREES 56 MINUTES 15 SECONDS WEST A DISTANCE OF 208.26 FEET TO A
FOUND 1/2 INCH DIAMETER IRON PIN; THENCE SOUTH 03 DEGREES 03
MINUTES 18 SECONDS WEST A DISTANCE OF 626. 12 FEET TO A FOUND 1 /2
INCH DIAMETER IRON PIN; THENCE NORTH 87 DEGREES 51 MINUTES 31
SECONDS WEST A DISTANCE OF 310.40 FEET TO A FOUND 1/2 INCH
DIAMETER IRON PIN; THENCE NORTH 87 DEGREES 55 MINUTES 51 SECONDS
WEST A DISTANCE OF 283 .81 FEET TO THE POINT OF BEGINNING,
CONTAINING 24.35 ACRES, MORE OR LESS, AND BEING SUBJECT TO THE
RIGHT OF WAY OF MOUNT COMFORT ROAD ALONG THE SOUTH AND WEST
SIDES AND WASHINGTON COUNTY ROAD # 703 ALONG THE WEST SIDE
THEREOF. AND ALSO BEING SUBJECT TO ANY EASEMENT_ S;RIGHTS OF
WAYS, COVENANTS AND RESTRICTIONS OF RECORD,t`.
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PC Meeting of May 23, 2005
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Suzanne Morgan, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: May 19, 2005
RZN 05-1491 : (DIXIE DEVELOPMENT, 321): Submitted by STEVE CLARK for property
located at NE CORNER WEST COMFORT AND HUGHMOUNT RD. The property is zoned
R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 24.35 acres. The request
is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Property Owner: DIXIE DEVELOPMENT Planner: SUZANNE MORGAN
RECOMMENDATION:
Staff recommends approval of the requested rezoning should the preceding annexation be
approved based on the findings included as part of this report.
PLANNING COMMISSION ACTION: Required YES
W Approved O Denied
Date: May 23, 2005 Moti ��� C 4,
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CITY COUNCIL ACTION: Required YES o� , p_ D
O Approved O Denied
Date: June 21 , 2005 (1"reading if recommended)
Comments:
BACKGROUND:
Property description: The subject property contains four parcels of property consisting of 24.35-
acres. The property is owned by Dixie Development. It is located at the northeast comer of
Mount Comfort Road, where the Minor Arterial Street turns north and continues as Hughmount
Road. Property recently subdivided as Wildflower Meadows Subdivision adjoins the property to
the east. Other subdivisions such as Bridgeport and Clabber Creek are located south and east of
the subject property. If approval of the preceding ANX 05- 1490 is granted, the property will be
zoned R-A, Residential Agricultural. If it is not, this request may not be voted upon.
K.1Repor U120051PC ReportA05-23-05WN 05-1491 (Dixie Development).doc
Proposal: The applicant intends to develop this property for a single family subdivision with 63
single family lots, 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.
Recommendation: Should the previous annexation request ANX 05- 1490 be approved, staff
recommends approval of this rezoning request based on findings stated herein. The development
of this property will be compatible with those residential developments surrounding the property.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Hamstring Creek; Residential Single Planning Area
Family on large lots
South Large Lot Residential Development Planning Area
East Wildflower Meadows Subdivision RSF-4, Res. Single Family — 4
units/acre
West Large Lot Residential Development Planning Area
INFRASTRUCTURE:
Streets: Currently the site has access to Mt. Comfort Road. Mt. Comfort Road is a minor
arterial along the south boundary of the property and a collector along the west
side of the property by the current Master Street Plan. Road improvements
required for Mt. Comfort Road along the property are to include: right-of-way
dedication, pavement 14' from centerline, curb and gutter, storm drainage, and
sidewalks.
Surrounding Master Street Plan Streets:
South: Mount Comfort Road, Minor Arterial
West: Mount Comfort Road and Hughmount Road, Collect Streets
East: Morning Mist Road, Collector Street
Water: Public water is adjacent to the site. There'is an 8" main along the south and west
side of Mt. Comfort Road. There is a 4" main parallel to the 8" main along the
north side of Mt. Comfort Road. There is a 6" main along Hughmont Road.
There may be existing water stub-outs from development on the east side of the
development. Water service would need to be extended within the property at the
time of development. Minimum size of new water mains is 8". Additional
connections may be required to complete a looped system. This may include an
off-site connection to be determined at a later date. No long range improvements
to the water system are planned at this time for this area. A study of the water
supply to serve this property shall be conducted prior to development at the cost
of the developer.
K.IReporaV2005PC ReporlsIO5-23-05V N05-1491 (Dile Development).doc
Sewer: The site does have access sanitary sewer. There is a 15" sewer main
approximately 520 feet south of the property along Hamstring Creek, and an 8"
main within the development to the east. Minimum size of new sewer mains is
8". Sewer would need to be extended to serve the property. A capacity analysis
of the downstream sewer lines shall be conducted and a capacity analysis of the
lift stations downstream of the site shall be conducted by the developer prior to
development.
Fire: The subject property is located approximately 1 .8 miles from Fire Station #7.
Response time to the property is projected at 5 minutes. At full build-out, a
projected 22 calls are expected with a projected response time of 5 .5 minutes.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will
substantially alter the population density and will possibly create an undesirable
increase on police services. This rezoning will increase our response time to calls
for service because this property is on the very outer fringes of our current service
area. The potential of creating 97 new homes will dramatically increase the traffic
on an already congested arterial street. (Mt Comfort Road).
LAND USE PLAN: The Future Land Use Plan designates this site Residential. Rezoning this
property to RSF-4 is consistent with the land use plan and is compatible with surrounding
properties.
FINDINGS OF THE STAFF
1 . 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 rezoning is consistent with land use planning objectives and
policies and is compatible with zoning and use of adjacent properties.
Surrounding properties are residential or agricultural in nature. The subject
property provides for an extension of existing single family subdivisions. The
Future Land Use Plan identifies the subject property for residential
development.
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. It will provide
the potential for development comparable to the approved subdivisions in
this area.
K.V?eportsp005NCReports105-23-05UZZN05-1491 (Dwe Development).do