HomeMy WebLinkAboutOrdinance 4887 3
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EL
i Recorded : 07/12120060atT 12:56:51 Ph
I Fee Amt : $11 . 00 Pace 1 of 2
Mashlnaton Count Pace
AR
Bette Stamps Circuit Clerk
F11e2006-00028242
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ORDINANCE NO. 4887
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-2028 FOR
APPROXIMATELY 9. 16 ACRES, LOCATED WEST OF 1-540
AND SOUTH OF BETTY JO DRIVE, FROM C- 1 ,
NEIGHBORHOOD COMMERCIAL AND R-A, RESIDENTIAL-
AGRICULTURAL TO C- 1 , NEIGHBORHOOD COMMERCIAL
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 C- 1 , Neighborhood
Commercial 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. ` RKj olf1j,
of
PASSED and APPROVED this 20th day of June, 2006. - �'.•
; FAYETTEVILLE '
APPROVED: ATTEST:
%%sy RKANS •�J �;
By: ZBy: IQ I 67jk-ov� 640?��
DA COODY, May S NDRA SMITH, City Clerk
Washington County, AR
I certify this instrument was filed on
07/12/2006 12:56:51 PM
and recorded in Real Estate
I File Numbe 2008-00028242
Bette St - Circuit Clerk
}
by /{
EXHIBIT "A"
RZN 06-2028 PARCEL 9 and 10
LEGAL DESCRIPTION :
(PARCEL 649" R-A TO C-1 , NEIGHBORHOOD COMMERCIAL)
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, NWI /4 THENCE SOUTH 540.86 FEET, THENCE WEST 28.03
FEET TO THE P.O.B., THENCE S02057' 58"W 772.98 FEET, THENCE N86016'265W 520. 17
FEET, 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 N05050'4055W 346.68 FEET, THENCE
S57034128"E 99.83 FEET, THENCE N2500552255E 192.07 FEET, THENCE N84009'20"E
427.95 FEET TO THE P.O.B.; CONTAINING 8.73 ACRES MORE OR LESS.
LEGAL DESCRIPTION: (PARCEL "10" C-1, NEIGHBORHOOD COMMERCIAL)
PART OF THE SETA, NW 1/4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE
CORNER OF SAID SEIA, NWI /4 . THENCE SOUTH 584.44 FEET, THENCE WEST 453 .75
FEET TO THE P.O.B., THENCE S8400912051W 2. 11 FEET, THENCE S84009920"W 175 .00
FEET, THENCE S05050'40"E 102.92 FEET, THENCE S57034'28"E 99.83 FEET, THENCE
N25005122"E 192.07 FEET TO THE P.O.B. ; CONTAINING 0.43 ACRES MORE OR LESS.
e)
City of Fayetteville 48Tf7
Staff Review Form of
City Council Agenda Items �V
or � 10Uh 1� P
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 Terminella 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
9. 16 acres. The request is to rezone the subject property to RMF-18, Residential Multi-Family, 18 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
S lS o6
e tment birector Date Original Contract Date: n/a
Original Contract Number: n/a
l6 - oy
Ci orney
Received in Yry E Office
4&tj��t .
ENTERED
Fin n e And Internal gervice Director
Received in Mayor's Office
F1ITFAED
Mayor Date
Comments:
/� an amu. rrs`f regrliny /6 /40lo ,,
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 `1
From: Jeremy C. Pate, Director of Current Planning D`
Date: May 11 , 2006
Subject: Rezoning for Mountain Ranch (RZN 06-2028) — RMF- 18
RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning approximately 9. 16 acres
of property from C- 1 , Neighborhood Commercial and R-A, Residential Agricultural to
RMF- 18, Residential Multi-family 18 units per acre.
BACKGROUND
The subject property contains two areas of approximately 9. 16 acres, located west of
Shiloh Drive. This area is identified as Parcel Nos. 9 and 10 in the attached maps.
In 2005, the applicant requested this area, along with additional acreage, to be rezoned to
RMF-24 as part of a large, 350-acre rezoning request with multiple zoning districts.
Finding this area to be within areas of hillside, and without an ordinance to protect those
hillsides (though it was being discussed by the Planning Commission and City Council at
that time), staff could not support the request and recommended denial. Staff
recommended the boundary of the RMF-24 be moved to the east; a use greater in
intensity than single family is appropriate adjacent to I-540 and Collector Streets, and
staff was in support of an increased density, but not on the hillside without knowledge of
protection. The applicant subsequently withdrew the request at the Planning Commission.
With the current request, staff has the knowledge that the Hillside/Hilltop Overlay
»- District has been adopted, which will allow the applicant and staff to 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. Additionally, the boundary has been moved to the east as originally
requested, and the density requested has been reduced from 24 to 18 units per acre.
DISCUSSION
os
This item was heard at the regular Planning Commission on May X, 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 9. 16 ACRES, LOCATED
WEST OF 1-540 AND SOUTH OF BETTY JO
DRIVE, FROM C-1 , NEIGHBORHOOD
COMMERCIAL AND R-A, RESIDENTIAL-
AGRICULTURAL TO RMF- 18, RESIDENTIAL
MULTI-FAMILY, 18 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 RMF- 18, Residential
Multi-Family, 18 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 I above.
PASSED and APPROVED thisday of J 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor- SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2028 PARCEL 9 and 10
LEGAL DESCRIPTION :(PARCEL "9" R-A TO RMF-18)
PART OF THE SE 1 /4, NW 1A OF SECTION 18, TI 6N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS : COMMENCING AT THE NE
CORNER OF SAID SEI /4, NW 1 /4 THENCE SOUTH 540.86 FEET, THENCE WEST 28.03
FEET TO THE P.O.B., THENCE S02057' 587!W 772.98 FEET, THENCE N86016126"W 520. 17
FEET, 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
S57034' 28"E 99.83 FEET, THENCE N25005 '22"E 192.07 FEET, THENCE N84009' 20"E
427.95 FEET TO THE P.O.B. ; CONTAINING 8.73 ACRES MORE OR LESS .
LEGAL DESCRIPTION : (PARCEL "10" C-1 TO RMF-18)
PART OF THE SETA, NW I /4 OF SECTION 18, T16N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE
CORNER OF SAID SE1 /4, NWIA THENCE SOUTH 584.44 FEET, THENCE WEST 453 .75
FEET TO THE P.O.B., THENCE S84009'20"W 2. 11 FEET, THENCE S84009'20"W 175 .00
FEET, THENCE S05050'40"E 102.92 FEET, THENCE S57034128"E 99.83 FEET, THENCE
N25005322"E 192.07 FEET TO THE P.O.B.; CONTAINING 0.43 ACRES MORE OR LESS .
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RZN06-2028 MOUNTAIN RA N C H
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JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 6 FAYETITVR.LE; ARKANSAS 72703 (479) 442-9127 s FAX (479) 582-4807
- DAVID L. JORGENSEN, P.E., P.L.S.
June 8, 2006 CHRISTOPHER B. BRACKEIT, P.E.
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Attn: Planning Department
Re: Rezoning for Mountain Ranch Subdivision (RZN 06-2028) — RMF-18
On behalf of the owner of the above mentioned project, we are requesting that the
rezoning request (RZN 06-2028) for the above mentionedproject be :adjusted. We would
like to change the requested rezoning to RMF- 18 be changed to C-1 . This chane to due
to the concerns expressed by several members of the City Council at the lune 6 City
Council Meeting with multi-farnily .zoning in close proximity :to 1-540. We have revised
our request to better fit their comments.
Please call concerning any questions you may have.
Thank you.
4 �OY CC n7� fena2 to .
Sincerely; U
��t'M Q. L = r1-2r3 UV -70'tpo
Christoph r B. Brackett, P.E.
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TRUC UFRALDESIGN LAND DEVELOPMENT WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING
Clarice Pearman - Ord. 4887 & 4890 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 6.26.06 1 :24PM
Subject: Ord. 4887 & 4890
Jeremy:
Attached are the above ordinances passed by City Council, June 20, 2006.
Thanks.
Clarice
CC: Audit; GIS
Arkansas Democrat ( 5axette
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 4887
Was inserted in the Regular Editions:
June 29, 2006 ORDINANCE No. "a I,
Publication Charge: $ 145 . 64 AN ORDINANCE REZONING THAT PROPERTY le
DESCRIBED XIREZONING PETITION RZN OFii FOR APPROXIMATELY 9.16 ACRES, LOCATEDTalWEST OF 1-540 AND SOUTH OF BETTY JO DRIVE,
FROM C-1, NEIGHBORHOOD COMMERCIAL AND ARKANSAS
R-A, RESIDENTIAL-AGRICULTURAL TO C-1,Subs abed anf worn to before me NEIGHBORHOOD COMMERCIAL
DE IT ORDAINED' DT THE CITY COUNCIL OF THOF FAYETTEVILLE°
Thi � ' day oN 2006 . ARKANSAS'
r
Sectibn 1: That the zone classification of the following describeb Property is hereby changed as fol-
lows:From C-1, Neighborhood Commercial and R-A. Residential-Agricultural to C-1, Neighborhood
Commercial as shown an Exhibit 'A' attached hereto and made a part hereof.
Notary Public 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 20th day of June, 2006.
1 APPROVED: - ATTEST:
My Commission Expires: f DAN C000r, Ngor SONDRASMWN° CNT Clerk
r EXHIBIT *Am
RZN 06-2028 PARCEL 9 and 10
LEGAL DESCRIPTION
ghgfieft
D. W(iri (PARCEL '9' R-A TO C-1, NEIGHBORHOOD COMMERCIAL)
NNli" Public + PART OF THE SE114, NW1/4 OF SECTION 18, T16N. R3011V IN WASHINGTON COUNTY,ARKANSAS
AND 114 INGTHENCE
DESCRIBED SOH AS 0.86 FEET, TH NCEE
NCING AT THE NE CORNER OF SAID SE114.
State Of Arkansas WEST 2803 FEET TO THE P.O.Bm THENCE
502057.58-W 772.98 FEET, THENCE NW16'26-W 520.17 FEET, THENCE N06°5924'E 5.77 FEET,
My Commission Expires THENCE ALONG A CURVE TO THE LEFT 224.01 FEET, SAID CURVE HAVING A RADIUS OF
1000.00 FEET AND A CHORD BEARING OF N00°34'22'E 223.54 FEET, THENCE N05°50'40'V!
October 18, 2014 346.68 FEET, THENCE S57934'28'E 99.83 FEET, THENCE N25°05.22'E 192.07 FEET, THENCE
N8400920T 427.95 FEET TO THE P.O.B.; CONTAINING 8.73 ACRES MORE OR LESS,
f LEGAL DESCRIPTION: (PARCEL -10- C-1. NEIGHBORHOOD COMMERCIAL)
RECEIVED f PART OF THE SEI/4, NW1/4 OF SECTION 18. T16N. F13OW IN WASHINGTON COUNTY, ARKANSAS
AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SE1/4,
i
NW114 THENCE SOUTH 580.44 FEET, THENCE WEST 453.75 FEET TO THE P.O.B., THENCE
1 SB4°09'20'N 2.11 FEET, THENCE S6400920'W 175.00 FEET, THENCE S05.50'40'E 102.92 FEET,
JUL g '-� 211c� I TNG 0.43 THENCE S5 ES MORE .8 EST. THENCE N25005.22-E 192.07 FEET TO THE P.O.B.: COMAIN-
O G 'OFM
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