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:
:> 3
0'. q P5:�` DAN COODYtMayor
%9d'' RKANS 'J .
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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T bled ya e7 /05 W :9 '71610S
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,
p D�¢Q
'AAM -6
wannex
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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
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Access to this site is provided by Mount Comfort Road, designated a Minor
Arterial to the south and a Collector to the west. Access is also available
from Morning Mist Road, a Collector street. Development of this 24.35 -acre
tract will increase the traffic on the adjacent streets; however, these streets
have been identified to be designed to carry large volumes of traffic per day.
A thorough review of the proposed connectivity to Mount Comfort Road
from within the property and the extension of Morning Mist Road will be
required at the time of development. According to the preliminary concept
plan for development, Morning Mist Dr. stubs -out to the west and does not
connect to the adjacent collector street. A curb cut onto Mount Comfort
Rd/Hughmount Dr. is proposed in close proximity to the eventual connection
of Morning Mist Drive. At the time of development, staff will evaluate the
proposed street intersections onto the surrounding Master Street Plan streets
to ensure the safe traffic movement.
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
24.35 -acre tract under an R -A, Residential Agricultural designation would
allow for a maximum of 12 dwelling units (1 per 2 acres). With the proposed
RSF-4 designation, 97 dwelling units would be permitted. This increases the
possible number of residential units, yet is consistent with land use and
zoning within the City of Fayetteville and developing areas to the east and
south.
Increased load on public services were taken into consideration and
recommendations from Engineering, Fire, and Police Departments are
included in this report.
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),
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
K:Weponr12005�PCRepora105-23-05IRZN05-1491 (Dirie Developmen�).doc
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. Weporls12005NC ReporaI05-23-05PZN 05-1491 (Dale Derelopmenf). do
0
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.
(11 Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
(2) Conditional uses.
City-wide uses b conditional use ermit
Cultural and recreational facilities
L36
Commercial recreation, lag a sites
Home occu ations
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:
Nonresidential:
2 acres
2 acres
Lot area per dwelling unit
2 acres
(El Setback reauirements.
Front 1
Side
Rear
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.
161.07 District Rsf-4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is
designed to permit and encourage the development
of low density detached dwellings in suitable
environments, as well as to protect existing
development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide
uses by right
Unit 8
Single-family
dwelling
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public proteclJon 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.
dwellings
Two-family
dwellin s
Units per acre
1 4 or less
7 or less
(D) Bulk and area regulations.
Single-family
dwellings
Two-famiy
dwellings
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 sq. R.
12,000 sq. ft.
Land area per
dwellin unit
8,000 sq. ft.
6,000 sq. ft,
(E) Setback requirements.
Front
Side
I Rear
25 ft.
8 ft.
20 R.
K. IReporre12005NC ReporaW-23-05WZN 05-1491 (Dirie Dewtopmenrodoc
(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.
May 16, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
In reference to RZN05-1491: (DIXIE DEVELOPMENT, 321): Submitted by STEVE
CLARK, for property located at NE CORNER MT. 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 acres.
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 congestedarterial street.
(Mt Comfort Road).
Individually, each of these annexations and rezoning 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.
Sincerely,
Captain William Brown
Fayetteville Police Department
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LEGAL DESCRIPTION OF PROPERTY TO BE REZONED:
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 01 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 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.
EXHIBIT "A"
PROPERTY TO BE REZONED
AS SUBO TED BY THE APPLICANT
Signature
Dixie Management and Investments, LP. , owners of this parcel on Mount
Comfort Road, are requesting to rezone the property from R -A to RSF-4. They
propose to develop the land into a residential subdivision.
The preliminary lot layout consists of 63 single family lots, which is compatible
with Bridgeport Addition and Clabber Creek. Egress will be onto Mount Comfort
Road and Hughmount Road
Each entrance will have a monument sign identifying the subdivision built in
accordance with City regulations.
The developer will build an 8" sewer line along Sunshine Road, CR 887, to the
southwest to an existing lift station. Water mains will be extended into the
development from the existing subdivision to the east. The development will also
tie into the existing water main. along Mount Comfort Road.
The Fayetteville Land Use plan shows this area to be low density single family
residential. Our request for the zoning to be RSF-4 is consistent with the land
use plan.
With the rapid growth in the area the supply of single family lots is continuously
being deplenished. We believe that this rezoning request is justified and needed.
Mt,. Comfort Road is shown to be a minor arterial and will handle the increase in
traffic caused by this development.
Single family development is one of the lowest densities that we can request. It
will not adversely impact the infrastructure in the area.
The existing zoning of this property is Agricultural and constructing residential
subdivisions in agricultural zoning districts is not practical.
200 0 100 200
( IN FEET )
1 inch = 200 ft.
■/��y�
lark SCALE: 1"=200' DATE REVISED: CHECKED BY: DRAWN BY:
OnSUlting DATE: 04/13/05 JSC Konold
•`
Preliminary Lot Layout
CIVIL / ENVIRONMENTAL ENGINEERING -=1 X
3715 Business Drive, Suite202 Fayetteville, AR 72703 (479)444-8171 Mount Comfort Road - Israel
11 PTA I=11:LT/2[•
RZN05-1491
One Mile View
• 0
DIXIE DEVELOPMENT
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Overview Legend Boundary Master Street Plan
------ Subject Property
1 0"NN Planning Area Master Street Plan
- RZN05-1491 rp000a o Free«ay/Expressway
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• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
21 -Jun -05
City Council Meeting Date
Jeremy Pate Y Planning Operations
Submitted By Division Department
Action Required:
RZN 05-1491: (DIXIE DEVELOPMENT, 571): Submitted by Steve Clark for property located at the northeast corner of
Mount Comfort and Hughmount. The property is zoned R -A, Residential -Agricultural, and contains approximately 24.35 acres.
The request is to a x the subject property to RSF-4, Residential Single -Family, 4 units per acre.
ire ea bwc
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
Category/Project Budget
n/a
Funds Used to Date
n/a
$
Remaining Balance
Budget Adjustment Attached
D�epartmentl Director Date
,3�ar
City Attorney
(o —d —o5
Financ and Internal Service Director Date
Mayor
Date
nF.
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Original Contract Number: n/a
Received Office
t►14�'
Received in Mayor's Office pl
From: Clarice Pearman
To: Pate, Jeremy
Date: 8/8/05 12:38PM
Subject: Ords. 4732-4740
Jeremy,
Attached are copies of the ordinances passed by City Council August 2, 2005 as mentioned above.
CC: Goddard, John; Jorgensen, Todd; Randall, Clyde
SIR
„Nor&west Arks u� v' most Wide(# Read MeU)TPqW 11
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:
was inserted in the regular editions on
PO#
* Publication Charge: $ 6
Subscribed and sworn to before me this
day of ee 12005.
Notary Public
Sharlene D. Williams
My Commission Expires: Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
Please do not pay from Affidavit. ,
An invoice will be sent.
RECEIVED
AUG 19 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
ORDINANCE NO. 4733
AN ORDINANCE REZONING THAT PROPERTY Fa7vy,,v; ev DESCRIBED IN REZONING NG THN RZN OS -1491 SEESFOR?APPROXIMATELY 24'35 ACRES LOCATEDAT:THE NORTHEAST CORNER OF MOUNT COMFORT
AND HUGHMOUNT ROAD FROM'RA RESIDEN- ARKANSAS
TIAL AGRICULTURAL TO RSF 4 RESIDENTIAL SIN-
GLE FAMILY, 4 UNITS.PER ACRE
> p, ' , ..
HH R ORDAINED BY WE CITY COUNCIL OF WE CRY OF PAYHITEVILLH. ARKANSAS:
n
Sedlon �' That the zone classification of the following tlescribetl property R hereby charge0 as fdlo+rs:
From R -A, ResidentialAgriculturalto RSF-4, Residential Single-Famlly, 4 units per acre, as sl'own in
Exhibit "A" allachetl hereto and made a part hereof.
Section 2: That the of ob zoning map of the City of FayetteWlle, Arkansas, Is hereby amentlecl to reflect
the zoning change prcmlocl in Search 1 some.
PASSED and APPROVED this 2ntl day of August. 2005.
EXHIBITW
. RZN 05-1491
PART OF,'THE FRACTIONAL. NORTHWEST QUARTER (FRL NW 114) OF SECTION 1 TOWNSHIP 16
NORTH, RANGE 31 WEST, AND PART OF THE SOUTH HALF IS 1/2) OF SECTION 31 , TOWNSHIP 17
NORTH! RANGE 30 WEST, OFTHEBETH PRINCPALZMERIDVAN, WASHINGTON COUNTY,
'ARKANSAS; BEING MORE. PARTICULARLY DESCRIBEDAS FOLLOWS:
'O
,COMMENCING OF T E A FOUND IRON QUARTER
I E BOLT ACCEPTED AND USED AS THE SOUTHWEST
QUARTER
:CORNER OF THE SOUTHEAST QUARTER TOWNSHIP
16 OF THE RANGFRACTIONALWEST THENCE QUARTER
(FIRLDEG EE im4 MI SAID SECTION N TOWNSHIP 16 NORTH, RANGE 31 FEWEST THENCE NORTH 01
DEGREES 53 MINUTES D SECONDS EAST A DISTANCE OF 28.33 FEET TO A FOUND MI INCH
DIAMETER IRON PIN AND THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 40 MINUTES
38 SECONDSR WEST ADISTANCE OF TES FEET ON A FOUND 1DI INCH DIAMETER IRON PIN;
THENCE NORTH DIAMETER
I DEGREES O MINUTES 32 SECONDS WEST A DISTANCE U 63.43 FEET TO A 1
FOUND 1/2 DISTANCE
OF 61.1 IRON PIN; THENCE NORTH 64 DEGREES 58 MINUTES 43 SECONDS
WEST.A DISTANCE U ES 33 FEET TO A FOUND 12 INCH DIAMETER IRON PIN; THENCE NORTH
47 t DIAMETER
TERS 49IRON PIN;
THENCE
NORTH 3 DEGREEEST A 00MIDISTANCE MINUTES
59.50 EEET TOCONDS WESTFOUND I/2INCH
E
DAMETER IRON PIN; THENCE NORTH 35 DEGREES N MINUTES OS SECONDS WEST A DISTANCE
OF 6778 FEET TO A FOUND 1/2 INCH DIAMETER IRON PIN; THENCE NORTH 15 DEGREES 54 MIN-
UTES 21 SECONDS WEST A DISTANCE OF 70.73 FEET TO A FOUND STANCH F 563. EA IRON PIN;
THENCE NORTH 00 DEGREES ; MINUTES 48 SECONDS EAST ADISTANCE OF 563.56 FEET TO A
DISTANCE
COTTON PICKER SPINDLE; THENCE SOUTH 85 DEGREES 36 MINUTES 33 SECONDS EAST A
DISTANCE OF 8 SE FEET EA SET DISTANCE
INCH DIAMETER IRON PIN; THENCE NORTH 40 DEGREES
OS MININ: THEN SECONDS EAST A DISTANCENU 15.55: FEET TO A FOUND IS INCH DIAMETER
IRON PIN: THENCE NORTH 79 DEGREES 34 MINUTES NCSECONDS EAST A DISTANCE OF 437.56
FFFT TdA FOUND 12INCH DIAMETER IRON PIN: THENCE NORTH'03DEGREES 47 MINUTES 41
12.INCH DIAMETER IRON PIN; THENCE NORTH 71 DEGREES 55WINUTES 52 SECONDS EAST A
DISTANCE OF 556.38 FEET TO A FOUND 12 INCH.DIAMETER IRON PIN AND THE NORTHWEST
DARNER OF WILDFLOWER MEADOWS SUBDIVISION: THENCE ALONG THE WEST LINE OF SAID
NILDFLOWER MEADOWS SUBDIVISION SOUTH 03 DEGREES 06: MINUTES 36 SECONDS WEST A
DISTANCE OF 832.24. FEET TO A FOUND. 12 INCWIDAMETER IRON PIN; THENCE LEAVING SAID
NEST LINE NORTH W DEGREES 56 MINUTES 15 SECONDS WEST A DISTANCE OF 208.26 FEET TO
A FOUND 121NCHDIAMETER IRON PIN; THENCE SOUTH W DEGREES 03 MINUTES 18 SECONDS
NEST 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
LMD
ALSO BEING SUBJECT TO ANY EASEMENTS, RIGHTS OF WAYS, COVENANTS AND RESTRIC"1CS
OF RECORD.