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Home My WebLink AboutOrdinance 4885 • � , . IIII III III VIII VIII VIII VIII VIII VIII VIII VIII III IIIIIIIIII IIII III Doc ID : 010122310002 TVDe : REL . Recorded : 06/30/2006 at 11 : 04 : 28 AM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton Countv . AR Bette Stamos Circuit Clerk F11e2006-00026529 f ORDINANCE NO. 4885 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 06-2028 FOR APPROXIMATELY 8.91 ACRES, LOCATED WEST OF I-540 AND SOUTH OF BETTY JO DRIVE, FROM C- 1 , NEIGHBORHOOD COMMERCIAL AND R-A, RESIDENTIAL- AGRICULTURAL TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 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 and R-A, Residential-Agricultural to RSF-2, Residential Single Family, 2 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. ,,,nnnnrn PASSED and APPROVED this 6w day of June, 2006. S,,,� 'r\ Y 0,c •GPS APPROVED: ATTEST: SQ : ; FAYETTEVILLE ' co ^� %9sy RKANSPOJ? By. DAN COODY, ayor By. SONDR�A SMITH, City Clerk /l rrrrrrrr" r . . r !L 1 " 1 EXHIBIT "A" RZN 06-2028 PARCEL 6 LEGAL DESCRIPTION: (PARCEL 446" C-1 TO RSF-21 PART OF THE NEIA, NW114 AND PART- OF THE SETA, NW1/4 OF SECTION 18, T16N7 R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID SEI/4, NWl /4 THENCE SOUTH 704.86 FEET, THENCE WEST 619.46 FEET TO THE P.O.B.. THENCE N57034'28"W 159.99 FEET, THENCE N30057307"W 193 .36 FEET, THENCE N33001 '4451W 609.07 FEET, THENCE N87013 ' 3411W 135 .02 FEET, THENCE NO3003 '43"E 240.47 FEET, THENCE S66022'59"E 26.64 FEET, THENCE ALONG A CURVE TO THE RIGHT 1162.25 FEET, SAID CURVE HAVING A RADIUS OF 1100.00 FEET AND A CHORD BEARING OF S36006'50"E 1108.94 FEET, THENCE S05050340"E 102.92 FEET TO THE P.O.B.; CONTAINING 4.92 ACRES MORE OR LESS. LEGAL DESCRIPTION: (PARCEL "7" R-A TO RSF-2) PART OF THE SEI/4, NWIA OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SETA, NW1 /4 THENCE SOUTH 1279.00 FEET, THENCE WEST 587.09 FEET TO THE P.O.B., THENCE N0605912455E 5.77 FEET, THENCE ALONG A CURVE TO THE LEFT 224.01 FEET, SAID CURVE HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING OF N00034'22"E 223.54 FEET, THENCE N05050'40"W 346.68 FEET, THENCE N57034'28"W 159.99 FEET, THENCE N30057507W 193 .36 FEET, THENCE S00041 ' 169'W 807.80 FEET, THENCE S86016'265'E 277. 14 FEET TO THE P.O.B., CONTAINING 3 .99 ACRES MORE OR LESS. City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 6-Jun-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 06-2028 (Mountain Ranch, 440): Submitted by Tom Tenninella for property located west of 1-540 and South of Betty Jo Drive. The property is zoned C- 1 , Neighborhood Commercial and R-A, Residential-Agricultural and contains approximately 8.91 acres. The request is to rezone the subject property to RSF-2, Residential Single Family, 2 units per acre. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Pr 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 Doctor Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in t ClemS Offce �' S �� Fina ce and Internal Service Director Received in Mayor's Office IZ29 / ENTFAFA a�P Mayor l5ate Comments: 5 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) — RSF-2 RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 8.91 acres of property from C- 1 , Neighborhood Commercial and R-A, Residential Agricultural to RSF-2, Residential Single Family, 2 units per acre. BACKGROUND The subject property contains an area of approximately 8.91 acres in two parcels, located west of Shiloh Drive and south of Persimmon Street. This area is identified as Parcel Nos. 6 and 7 in the attached maps. This request is also an adjustment of a zoning boundary, based on the location of a future street. The commercial zoning designation is undesirable west of the proposed street, further into the Hillside/Hilltop Overlay District, and downzoning this property would allow for a low density, low-impact use of this property. The portion of property currently zoned R-A was requested to be rezoned to RMF-24 in 2005. Staff did not support this request, due to the concerns with rezoning properties to a multi-family use on hillsides while the City Council and staff was actively involved in discussing ordinances that would protect hillsides. Since that time, the request has been modified to the present request for RSF-2 in this area, which staff and the Planning Commission support. DISCUSSION at This item was heard at the regular Planning Commission on May ?Z, 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 8.91 ACRES, LOCATED WEST OF I-540 AND SOUTH OF BETTY JO DRIVE, FROM C- 1 , NEIGHBORHOOD COMMERCIAL AND R-A, RESIDENTIAL- AGRICULTURAL TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE. BE • 1T 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 and R-A, Residential-Agricultural to RSF-2, Residential . Single Family, 2 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_day of 2006. APPROVED: ATTEST: By : By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT RZN 06-2028 PARCEL 6 LEGAL DESCRIPTION : (PARCEL "6" C-1 TO RSF-2) PART OF THE NEI /4, NWI /4 AND PART OF THE SEI /4, NWI /4 OF SECTION 18, TI 6N7 R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID SEI /4, NW1 /4 THENCE SOUTH 704.86 FEET, THENCE WEST 619.46 FEET TO THE P.O.B., THENCE N57034' 28"W 159.99 FEET, THENCE N30057' 07"W 193 .36 FEET, THENCE N33°01 '44"W 609.07 FEET, THENCE N87013 ' 3471W 135 .02 FEET, THENCE NO3003 '43"E 240.47 FEET, THENCE S66022' 59"E 26.64 FEET, THENCE ALONG A CURVE TO THE RIGHT 1162.25 FEET, SAID CURVE HAVING A RADIUS OF 1100.00 FEET AND A CHORD BEARING OF S36006' 50"E 1108.94 FEET, THENCE S05050140"E 102.92 FEET TO THE P.O.B. ; CONTAINING 4.92 ACRES MORE OR LESS. LEGAL DESCRIPTION : (PARCEL "7" R-A TO RSF-2) PART OF THE SEI /4, NWI /4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID SEI /4, NW1 /4 THENCE SOUTH 1279.00 FEET, THENCE WEST 587.09 FEET TO THE P.O.B., THENCE N06059' 24"E 5.77 FEET, THENCE ALONG A CURVE TO THE LEFT 224.01 FEET, SAID CURVE HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING OF N00034'22"E 223 .54 FEET, THENCE N05050'40"W 346.68 FEET, THENCE N57034128"W 159.99 FEET, THENCE N3005710717W 193 .36 FEET, THENCE S00041 ' 1 6"W 807.80 FEET, THENCE S86016'267'E 277. 14 FEET TO THE P.O.B., CONTAINING 3 .99 ACRES MORE OR LESS. T UOI6 RZN06-2028 MOUNTAIN RANCH Close Up View Y f. 11 - x s ♦. 4 r. _ Eq ` 4 TIM 4. t .`d y u , F y 4 uit10 Ole "ilt 114 It all t r .: at Overview 0 200 400 800 1.200 1,600 Clarice Pearman - Ords. 4875, 4877, 4878, 4881 thru 4886 Pagel 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 Democratf)azette 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 4885 Was inserted in the Regular Editions: ONDIHANCE NO. 4ESs June 21 , 2006 AN ORDINANCE REZONING THAT PROPERTY Fa DESCRIBED IN REZONING PETITION RZN OF -eiPublication Charge : $ 137 . 97 2028 FOR APPROXIMATELY 8.91 ACRES, LOCAT- ED WEST OF 1.540 AND SOUTH OF BETTY JO DRIVE, FROM C-1, NEIGHBORHOOD COMMER- ARKANSAS DIAL AND R-A, RESIDENTIAL-AGRICULTURAL TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE. Subscribed an worn to before me SE IT ORDAYNED By THE CITY COUNCIL OF THE CITY OF FAYETTEVILYvE. p ARKANSASt Thi / day of (x� 2996 . II �lo'Hon 1: That the zone classifiaat cn of the folbw ng described property Is hereby changed as From 61, Neighbdncdod Conmerual and R-A, ResideMlal-AgricuRural to RSF-2, Residential Singto Femlly, 2 units per acre, as slrnvn on E#tlbit 'A' anached hereto and Inde a Part hereof. Section 2 That the official zoning map of the City of Fayetteville, Arkansas is hereby amended td reflect the zoning change provided in Section 1 above. ' ^ Notary PUbIICifj/ ASSED AMID APPROVED this 6th day of April, 2OD6. - APPROVED: By. DAN GOODY, Mayor - ATTEST: By. SONDRA SMITH, City Oerk { Sharlene D. Williams �I , EXHIEIT "A" ' Notary Public jg :' . RZN 06-2028 PARCEL 6 MCommissionSftgf Arkansas LEGAL DESCKIPfION: (PARCEL IS" C-1 TO RSF•2) I Y Y PART OF THE NE114, NW114 AND PART OF HE SE1/4, NW1/4 OF SECTION 18, Ti614 R30W IN ommissionExpires WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT ,THE NE CORNER OF SAID SE114. NW1/4 HENCE SOUTH 704,86 FEET, HENCE WEST 619.46 October 18, 2014 FEET TO THE P.O.B., THENCE N57034'28-W 159.99 FEET. THENCE N30°$T07W 193;36 FEE THENCE N33°04'4VW 609.07 FEET, THENCE N87013'34W 135.02 FEET, THENCE NO3°03'43'E 240.47 FEET, THENCE SW22'59-E 26.64 FEET, THENCE ALONG A CURVE TO HE RIGHT "*NOTEN* Please do not pay from Affid 10-E CURVE HAVING 20.00 FEET AND A 0RD BEARINGPF �°�v0- 1108.94 �HENCES0505040-E102.9FEET TO HEP08CONTANIING492 L, t ACRES MORE OR LESS. I Invoice Will be sent. LEGAL DESCRIPTIONI (PARCEL "T" R•A TO RSF•2I IPART OF THE SE1/4, NW1/4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE.CORNER OF SAID SE1/4, NW 1/4 THENCE SOUTH 1279.00 FEET, THENCE WEST 587.09 FEET TO THE P.O.B., HENCE NW59'24'E 5.77 FEET. THENCE ALONG A CURVE TO HE LEFT 224.01 FEET. SAID CURVE HAVING A RADIUS OF 1000.00 FEET AND A CHORD BEARING OF N00034'22-E 223.54 FEET, THENCE N0565940W 346.68 FEET, THENCE N57934-28VJ 159.99 FEET. THENCE N30°57'07Vf 193.36 FEET, THENCE S00641'16VJ 807.80 FEET, THENCE S86016.26-E 277.14 EFEET TO THE P.O.B.CONTAINING 3.99 ACRES MORE OR LESS. s RECEIVED JUN 23 2M CITY OF FAYETTEVILLE CITY CLERICS OFFICE