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Home My WebLink AboutOrdinance 4884 Doc I0 : 010122300002 Tvoe : REL Recorded : 06/30/2006 at 11 : 04 : 17 AM Fee Amt : $11 . 00 Paae 1 of 2 Washlnaton Countv . AR Bette Stamps Circuit Clerk F11e2006-00026528 ; ORDINANCE NO. 4884 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2028 FOR APPROXIMATELY 5 .28 ACRES, LOCATED WEST OF I-540 AND SOUTH OF BETTY JO DRIVE, FROM C- 1 , NEIGHBORHOOD COMMERCIAL TO RMF- 12, RESIDENTIAL MULTI-FAMILY, 12 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 RMF- 12, Residential Multi-Family, 12 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. `"RIUTRrr�,,�i PASSED and APPROVED this 61hday of June, 2006. Q)��: • • • •�SG �� •, &IY Oc •. � APPROVED- ATTEST: _ � ' , = ; FAYETTEVILLE3 By. By: - ,, y'ryGroN �°•``. DAN GOODY, Mayo SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2028 PARCEL 5 LEGAL DESCRIPTION: (PARCEL 465" C-1 TO RMF-12) PART OF THE NEI/4, NWIA AND PART OF THE SETA, NW1/4 OF SECTION 18, T16N5 R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID SEI /4, NW1 /4 THENCE SOUTH 584.66 FEET, THENCE WEST 455.85 FEET TO THE P.O.B., THENCE S84009'20"W 175 .00 FEET, THENCE ALONG A CURVE TO THE LEFT 1162.25 FEET, SAID CURVE HAVING A RADIUS OF 1100.00 FEET AND A CHORD BEARING OF N36006' 50"W 1108.94 FEET, THENCE N66022' 59"W 26.64 FEET, THENCE N03003143 "E 186.90 FEET, THENCE S6602255917E 92.26 FEET, THENCE ALONG A CURVE TO THE RIGHT 1347. 16 FEET AND A CHORD BEARING OF S36006'50"E 1285.36 FEET TO THE P.O.B. ; CONTAINING 5 .28 ACRES MORE OR LESS. City of Fayetteville $ �G Staff Review Form / City Council Agenda Items �pb or polllolli 'Z Contracts / ' )4AD ` SMF- 02 6-Jun-O6 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 06-2028 (Mountain Ranch, 440): Submitted by Tom Terminella for properly located west of 1-540 and South of Betty Jo Drive. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 5.28 acres. The request is to rezone the subject property to RMF- 12, Residential Multi-Family, 12 units per acre. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Di ector Date Original Contract Date: n/a 62Original Contract Number_: n/a �r� 16 &r, Cit Corney Received in City Cle ' i, c��p,� Finance and ternal Seryce Director , �`l Received in Mayor's Office JENTEREON / I6 Mayor ate06 Comments: s City Council Meeting of June 06, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: May 11 , 2006 Subject: Rezoning for Mountain Ranch (RZN 06-2028) — RMF- 12 RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 5.28 acres of property from C- 1 , Neighborhood Commercial to RMF-12, Residential Multi-family, 12 units per acre. BACKGROUND The subject property contains an area of approximately 5 .28 acres, located west of Shiloh Drive and south of Persimmon Street. This area is identified as Parcel No. 5 in the attached maps. Parcel No. 5, currently zoned C- 1 , is proposed to be downzoned to RMF- 12 as a transition between the future residential single family uses to the west and the commercial zoning to the east. This will allow for a compatible transition to occur between potentially incompatible future uses. The result of moving the proposed street to the east, down the hill, causes the existing C- 1 zoning to be split, with part of the commercial zoning downhill of the street and part of it uphill. This request would create a transitional area between the commercial uses and low density single family uses. Finding also that with the adoption of the Hillside/Hilltop Overlay District by the City Council, the applicant and staff have the ability to work together to both preserve and protect sensitive hillside while allowing for development at appropriate densities by clustering and encouraging reduced setbacks and land disturbance, staff and the Planning Commission support this request. DISCUSSION o� This item was heard at the regular Planning Commission on May 4, 2006. There was no public comment. The Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation in favor of the rezoning. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2028 FOR APPROXIMATELY 5.28 ACRES, LOCATED WEST OF I-540 AND SOUTH OF BETTY JO DRIVE, FROM C- 1 , NEIGHBORHOOD COMMERCIAL TO RMF-12, RESIDENTIAL MULTI-FAMILY, 12 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 RMF- 12, Residential Multi-Family, 12 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 thisday of _ 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2028 PARCEL 5 LEGAL DESCRIPTION: (PARCEL "5" C-1 TO RMF-12) PART OF THE NE1/4, NW1/4 AND PART OF THE SEI /4, NW I /4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SEIA, NWIA THENCE SOUTH 584.66 FEET, THENCE WEST 455 .85 FEET TO THE P.O.B., THENCE S84009'20"W 175.00 FEET, THENCE ALONG A CURVE TO THE LEFT 1162.25 FEET, SAID CURVE HAVING A RADIUS OF 1100.00 FEET AND A CHORD BEARING OF N36006' 50"W 1108 .94 FEET, THENCE N66022159"W 26.64 FEET, THENCE NO3003143"E 186.90 FEET, THENCE S66022559"E 92.26 FEET, THENCE ALONG A CURVE TO THE RIGHT 1347. 16 FEET AND A CHORD BEARING OF S36006'50"E 1285 .36 FEET TO THE P.O.B.; CONTAINING 5 .28 ACRES MORE OR LESS. 200 , RMOUNTAIN RANCH Up ClloseoseUUp meeww y vte r• _ m + 0 � ��t x , x X a a RSlr<"��ia sada' v4 . ++.5r- '�• +�G by��,��'k]. Fes` sz � ,: � � ';� � ' ~, 5 � �� :t,•, .i74 :x St, i S #: '�F��'s,K"Ts`�}y'. � i•Y Tri E� ^ v it sa, zz �; LL t . - 'S. x � '' �#.. a 2'R.wtg. ♦ . '.. { 'k �{: rl I .Ll b .1G, , - � :'� W.�•. �fn�° ,�+} � _3 Overview 0 200 400 800 1,200 1,600 Clarice Pearman - Ords. 4875, 4877, 4878, 4881 thru 4886 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 6. 15.06 3:55PM Subject: Ords. 4875, 4877, 4878, 4881 thru 4886 Jeremy, Attached are the ordinances the City Council passed June 6, 2006. Sorry it has taken this long. As you know the mayor was out of town all last week and I finally got them back. Have a good day. Thanks. Clarice CC: Audit; GIS Arkansas Democrat 71POazette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Elizabeth Wax, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas , (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: Ordinance 4884 Was inserted in the Regular Editions: June 21 , 2006 Publication Charge : $ 107 . 31 Subscribed apj sworn to before me - ORDINANCE NO. 4W Th�/ day ofI ZO 6. AN ORDINANCE REZONING THAT PROPERTY a e ev le DESCRIBED IN REZONING PETITION RLN 06- 7 ' ED FOR APPROXIMATELY UT ACRES, TTY j Y ED WEST OF, C-1, AND SOUTH OF BETTY JO DRIVE, FROM C-1, NEIGHBORHOOD MMARRAN SAS DIAL TO RMF-12, RESIDENTIAL MULTI-FAMILY. 12 12 UNITS PER ACRE. i Notary PublicLu ) BE IT ORDAINED BY THE CITU COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS% Sharlene D. Williams I Bee9oo 1t That the zone classification of the following described property is hereby changed as 1 Notary Public i follows: 9 From C-1, Nelghtwdwotl Commerolel to RMF-12, Residential MuItFFemAy, /2 units per acre, as @0 ��, �q �rl, shq an E#tibit 'A' attached hereto and made a part hereof. MyMCommi i I0I1z7cpT r�Sansas Section 2:Thal the official zoning map of the City of Fayetteville. Alikeness; is he eby emended to reflect the zoning change provided in Section 1 abovp. y om ission Expires PASSED AND APPROVED this 6th day of April, 2006. October 18, 2014 APPROVED: By: DAN COODY, Mayor I ATTEST; By: SONDRA SMITH. City Clerk - **NOTE** Please do not pay from Affidaa RZN0�6200228IP&A" CEL5 Invoice WIII be Sent. LEGAL DESCRIPTION: (PARCEL 05" C•7 TO Phil 2) C PART OF THE NEI/4, NWI/4 AND PART OF THE SEI/4, NWIAOF SECTION 18, TI6N, R3DW IN r[) WASHINGTON COUNTY. ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SE1/4, NWt/4 THENCE SOUTH 584.66 FEET, THENCE WEST I 455.85 FEET TO THE P.O.B.,THENCE S84 W20'W 175.00 FEET.THENCE ALONG A CURVE TO THE LEFT 116225 FEET, SAID CURVE HAVING A RADIUS OF 1100.00 FEET AND A CHORD I -BEARING OF N36006'50"W 1108.94 FEET, THENCE N66°22'5M 26.64 FEET, THENCE N03003-43-E 186.90 FEET, THENCE S66on'5TE 92.26 FEET, THENCE ALONG A CURVE TO THE RIGHT 1347.16 FEET AND A CHORD BEARING OF S3660650'E 1285.36 FEET TO THE P.O.B.; CONTAINING 5.20 ACRES MORE OR LESS. RECEIVED JUIN 2 3 2005 CITY OF FAYETTEVILLE CITY CLERK'S OFFICF