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Ordinance 4941
- - ? IIIIIIII�� I�II� IIIII VIII IIIIIIIIIIIIIII IIIIIIIIII VIII IIIII� III i�� Doc ID : 010766480004 Tvoe : REL Recorded : 01/22/2007 at 02 : 19 : 06 PM - 845770004—Tvoe '-- Fee Amt : $11 . 00 Pace 1 of 4 Recorded : 12/08/2006 at 1 I Mashlnaton Countv . AR - { Fee Amt : 517 . o0 Pace Bette Stamps Circuit Clerk 1lashinaton Cou ntverk F11e2007-00002646 Bette tamae 0049723 i ORDINANCE NO, 4941 AN ORDINANCE APPROVING RZN 06-2240 SUBMITTED BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MORNINGSIDE DRIVE AND 15T"` STREET, FOR APPROXIMATELY 61 .98 ACRES, REZONING THE SUBJECT PROPERTY FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE AND 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 RSF-4, Residential Single Family Four Units Per Acre, to C- I Neighborhood Commercial, and RSF-8, Residential Single Family, Eight Units Per Acre, as shown on Exhibit "A" and Exhibit `B" 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. ,A%SER ,TRif��'''. PASSED and APPROVED this 7t' day of November, 2006. Bci : FAYETTEVILLE ; 3 APPROVED: ATTEST: ' ��z• :� ` -9dy R�ANSPC.�Jam` , By: BY: 12 .�� tti-e . t DAN COODY, Mayo SONDRA SMITH, City Clerk EXHIBIT "A" RZN 06-2240 SURVEY DESCRIPTION (RSF-4 TO RSF-8): A PART OF THE WEST HALF OF THE SOUTHEAST %4 AND A PART OF THE NORTHEAST '/4 OF THE SOUTHEAST '/40F SECTION 22 N TOWNSHIP 16 NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW '/4 , SE '/4 OF SAID SECTION 22; THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, S02052'58"W 183.00 FEET TO A 5/8" REBAR AND THE PONT OF BEGINNING; THENCE LEAVING SAID WEST LINE, S87015333"E 849.75 FEET TO A 5/8" REBAR; THENCE NO2°46' 10"E 152.24 FEET TO A 5/8" REBAR ON THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16, THENCE ALONG SAID SOUTH RIGHT OF WAY, S87003 '55"E 1054.92 FEET TO A PONT, WITH A FOUND %:" REBAR BEING OFFSET 7.25 FEET S0204120417W FROM CORNER, THENCE LEAVING SAID SOUTH RIGHT OF WAY S02041 '04"W 1286.96 FEET TO A FOUND 3/8" REBAR ON THE SOUTH LINE OF THE NE '/4 , SE '/4 OF SAID SECTION 22, THENCE ALONG THE SOUTH LINE OF SAID FORTY ACRE TRACT, N87°31 '44"W 594.85 FEET TO A FOUND 5/8" REBAR N CONCRETE, MARKING THE SOUTHWEST CORNER OF THE NE %4 , SE '/4 OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE W /2 , SEA , S02037'485'W 333.40 FEET TO A 5/8" REBAR, THENCE LEAVING SAID EAST LINE, N87014'49"W 882.31 FEET TO A FOUND %" REBAR, THENCE N49037'35"W 545.90 FEET TO A FOUND %," REBAR, MARKING THE SOUTHWEST CORNER OF THE NW '/< , SE 1/ OF SAID SECTION 22, THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, NO2052'58"E 1140.98 FEET TO THE POINT OF BEGINNING, CONTAINING 61 .98 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD. LESS AND EXCEPT: A PART OF THE NORTHWEST /40F THE SOUTHEAST ''/4 AND PART OF THE NORTHEAST '/4 OF THE SOUTHEAST ''/4 OF SECTION 22 TOWNSHIP 16 NORTH RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN N WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW Y4 , SE '/4 OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID NW '/4 , SE '/4 S87019' 1515E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE S02°46' 10"W 29.30 FEET TO AN EXISTING 5/8" REBAR N THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY S87003'55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY S02041 '04"W 408.42 FEET, THENCE N84033135"W 1056.67 FEET, THENCE NO2046510"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. CONTAINING A TOTAL OF 52.65 ACRES MORE OR LESS. AND SURVEY DESCRIPTION (RSF-4 TO C-1): A PART OF THE NORTHWEST '/4 OF THE SOUTHEAST ''A AND PART OF THE NORTHEAST / OF THE SOUTHEAST '/4 OF SECTION 22 TOWNSHIP 16 NORTH RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW ''A , SE '/, OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID NW '/. , SE '/4 S87° 19' 15"E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE S02°46' 10"W 29.30 FEET TO AN EXISTING 5/8" REBAR IN THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINTOF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY S87003 '55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY S02041 '04"W 408.42 FEET, THENCE N84033735"W 1056.67 FEET, THENCE NO2°46' 10"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. 40°'�°' r OATIATOZ99 jaisOAIIATUON fill MO L :rig a � e b IBI �° 1111 O� a 1111 1411 � O W � N O ggi Bon ili nm IIII 8 Ilil r 1h1 1 � IIII fi ,86'Oblt — 3,BSRSLO WQ r m � � I IIIII (N mzni / I Jo I a B ' a otzz-" mm - � i, .. trvcLzresaaicua�usmsLisan(,�vamso�swi�aaena Washington County, AR J .certify 'this instrument +,wasifiled ,on 101;72212007 102:11,9;O51P,M !an, d irecorded iin Real (Estate Fila Nurnber120.07,=;0000284 IBOWStamps - fCitouit ler 1 ; Iby G eD City of Fayetteville Staff Review Form n City Council Agenda Items or Contracts P17ornti�b64 t� ' /Jr � 1517 ' S 17-Oct-O6 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 06-2240: Rezoning (Combs, 564): Submitted by H2 Engineering, Inc. for property located at the southeast corner of Morningside Drive and 15th Street. The property is zoned RSF-4, Single-Family Four Units Per Acre and contains approximately 61 .98 acres. The request is to rezone 52.65 acres of the subject property to RMF-6, Residential Multi-family, 6 Units Per Acre, and the remaining 9.33 acres to C- 1 , Neighborhood Commercial. $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 Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item O Budget Adjustment Attached Previous Ordinance or Resolution # n/a Depa ment 6inector Date Original Contract Date: n/a 2y -CG Original Contract Number: nla - y Received in 9t Cler Office Finance and Internal Service Director Date Received in Mayor's Office cm , Mayor Comments: fyrdd raad%ay io% 7 / oL City Council Meeting of October 17, 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: September 28, 2006 Subject: Rezoning for Combs (RZN 06-2240) RECOMMENDATION The Planning Commission recommended approval of the subject rezoning request from RSF-4 to C- 1 (9.33 acres) and RMF-6 (52.65 acres) on the subject property. BACKGROUND The property is located at the southeast comer of 15'h Street (State Highway 16) and Morningside Drive. The property consists of approximately 61 .98 acres of undeveloped agricultural land. Surrounding properties are mainly undeveloped and agricultural in nature with industrial uses bordering a portion of the eastern side of the site near 15`h Street. The applicant applied to have the subject property rezoned from RSF-4 to RMF-24 at the May 8, 2006 Planning Commission meeting (RZN 06-2049). Planning Staff recommended denial of the requested rezoning, and the item was tabled indefinitely by the Planning Commission at the applicant's request. The applicant has revised the original rezoning request and is now requesting a mix of C- 1 along 15'h Street, and RMF- 6 over the remainder of the property. DISCUSSION This item was heard at the regular Planning Commission on September 28, 2006. The Planning Commission voted 7- 1 -0 to recommend approval of this rezoning request to the City Council, with Commissioner Ostner voting `No' . Commissioner Ostner's main concerned centered on the potential incompatibility . a large number of multi-family dwellings on this property could pose with the many single-family dwellings in the area. BUDGETIMPACT None. f ORDINANCE NO. AN ORDINANCE APPROVING RZN 06-2240 SUBMITTED BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MORNINGSIDE DRIVE AND 15TH STREET, FOR APPROXIMATELY 61 .98 ACRES, REZONING THE SUBJECT PROPERTY FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF- 6, RESIDENTIAL MULTIFAMILY, 6 UNITS PER ACRE AND C- 1 , NEIGHBORHOOD COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : . That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single Family Four Units Per Acre, to C-1 Neighborhood Commercial, and RMF-6, Residential Multi-Family Family as shown on Exhibit ' and Exhibit `B attached hereto and made a part hereof. . i 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 this—day of 12006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk E EXHIBIT "A" RZN 06-2240 SURVEY DESCRIPTION (RSF-4 TO RMF-6): A PART OF THE WEST HALF OF THE SOUTHEAST V4 AND A PART OF THE NORTHEAST ''A OF THE SOUTHEAST %. OF SECTION 22 IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW '/4 , SE '/. OF SAID SECTION 22; THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, S02052'58"W 183.00 FEET TO A 5/8" REBAR AND THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE, S87015 '33"E 849.75 FEET TO A 5/8". REBAR; THENCE NO2'4,6' 1 0"E 152.24 FEET TO A 5/8" REBAR ON THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16, THENCE ALONG SAID SOUTH RIGHT OF WAY, 58700315511E 1054.92 FEET TO A POINT, WITH A FOUND 1/2" REBAR BEING OFFSET 7.25 FEET S0204 1 '04"W FROM CORNER, THENCE LEAVING SAID SOUTH RIGHT OF WAY 502041104"W 1286.96 FEET TO A FOUND 3/8" REBAR ON THE SOUTH LINE OF THE NE '/s , SE '/a OF SAID SECTION 22, THENCE ALONG THE SOUTH LINE OF SAID FORTY ACRE TRACT, N87031144"W 594.85 FEET TO A FOUND 5/8" REBAR IN CONCRETE, MARKING THE SOUTHWEST CORNER OF THE NE % , SE '/e OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE W '/x , SE '/s , S02°37'48"W 333.40 FEET TO A 5/8" REBAR, THENCE LEAVING SAID EAST LINE, N87014549"W 882.31 FEET TO A FOUND /2" REBAR, THENCE N49037135"W 545.90 FEET TO A FOUND 1/2" REBAR, MARKING THE SOUTHWEST CORNER OF THE NW '/4 , SE '/. OF SAID SECTION 22, THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, N02052158"E 1140.98 FEET TO THE POINT OF BEGINNING, CONTAINING 61 .98 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD. LESS AND EXCEPT: A PART OF THE NORTHWEST ''/. OF THE SOUTHEAST '/. AND PART OF THE NORTHEAST /4 OF THE SOUTHEAST '''A OF SECTION 22 TOWNSHIP 16 NORTH. RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED. AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW % , SE '/a OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID NW '/a , SE '/+ S87019' 15"E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE 502046' 10"W 29.30 FEET TO AN EXISTING 5/8" REBAR IN THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY S87003 '55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY S0204110412W 408.42 FEET, THENCE N84033135"W 1056.67 FEET, THENCE N02046' 10"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. CONTAINING A TOTAL OF 52.65 ACRES MORE OR LESS. AND SURVEY DESCRIPTION (RSF-4 TO C-1 ): A PART OF THE NORTHWEST /40F THE SOUTHEAST /4 AND PART OF THE NORTHEAST ''/. OF THE SOUTHEAST ''/. OF SECTION 22 TOWNSHIP 16 NORTH RANGE 30 WEST OF THE FIFTH PRINCIPLE 1 MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW '/. , SE '/4 OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID NW %. , SE %. S87° 19' 15"E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE S02046' 10"W 29.30 FEET TO AN EXISTING 5/8" REBAR IN THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY S87003 '55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY S02041 '04"W 408.42 FEET, THENCE N84033'35"W 1056.67 FEET, THENCE NO2046' 10"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. P:Y� ftj• Mi29W2g150: .Nq,R[LONRIG, 0!12/20000:31:23 AK Paaa N . u. s I \, EXHIBIT "B" E '\ RZN 06-2240 sg (Page l of 11 a INN" / . (D) 1111 0 o m o III 15 E NORNIFN, I OF. o2524WE '-1140.98' 1111 ilk — —_ —_ -- Y 1NGSIDE DR. 1111 � �o 1111 r`4:•i m £ 1111 � � N : I ! Haa g 1111 � € ' m A! . IIII I m \ CD 1111 NEIi - x INN) (A NIL I s=r4( 'W\ O ✓� II �� I ) m a=\u F rnN IINNNNNK e \N NO II ' ' A N 0 m G C, m N 502'41'04'W - 1286.9fi' N Z ap 3 �F ' 1180.00" (D) al I la C O N `� 7 ' m CIEa � � o b ; III; A IND N G ocx w H Ie NNNI III m -u � y 0 A ` (ENESDN m N f F W M J n I € z MORNINGSIDE jig P REZONING 7ayZtl PC Meeting of September 25 , 2006 ' AftKAN5A5 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 1 n 2006 U dated September 26, 2006 RZN 06-2240: Rezoning (COMBS, 564): Submitted by H2 ENGINEERING, INC. for property located at SE CORNER OF MORNINGSIDE DRIVE AND 15TH STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 61 .98 acres. The request is to rezone 52.65 acres of the subject property to Residential Multi-family, 6 units per acre and the remaining 9.33 acres to C- 1 , Neighborhood Commercial. Property Owner: CHARLES T. COMBS Planner: ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein.. PLAINING G®1VIIVIISSI®NCTY©N Required " I' S Y%�orn rdy(recommendat�onfor a proval) `t ®Denied I7 ApprovedflDenred Date Q�tol er I7 s20U6y(1� rea�d,nE rf eC commenWN ded) �. saw a �. BACKGROUND: Background: The applicant applied to have the subject property rezoned from RSF-4 to RMF-24 at the May 8, 2006 Planning Commission meeting (RZN 06-2049). Planning Staff recommended denial of the requested rezoning, and the item was tabled indefinitely by the Planning Commission at the applicant's request. Property: The subject property is located at the southeast comer of 15,' Street (State Highway 16) K lRepora12006WC Reporls109-25-WRZN 06.2240 (Combs).doc - and Momingside Drive in south Fayetteville. The property consists of approximately 62 acres of undeveloped agricultural land. Surrounding properties are mainly undeveloped and agricultural in nature with industrial uses bordering a portion of the eastern side of the site near 15th Street. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundina Land Use and Zonina Direction from Site Land Use Zoning North Agricultural RSF-4; RMF-24 South Agricultural/Salvage and 1-2 East Industrial 1-1 West Agricultural/Rural Residential 1-1, RMF-24, R -A RSF-4 (Residential Single -Family Four Units Per Acre) RMF-24 (Residential Multi -Family 24 Units Per Acre) I-1 (Heavy Commercial and UghtIndustrial) 1-2 (General Industrial) Request: The request is to rezone the 61.98 -acre property as shown in Table 2, with the maximum amount of units that would be allowed and overall density on the site included:• Table 2 Proposed Rezonina Existing Proposed Acres Location On the Property Residential . 1 Maximum Number Zoning Zoning Density of Units (Units/Acre)` RSF-4 C-1 9.33 Along 15th Street frontage 24 ti 223.92 adjacent to north and east - property lines. RSF-4 RMF-6 52.65 Remainder of property 6 315.90 including approximately 32. acres in the floodplain. '. TOTAL 61.98 9 540 Note #1: Residential units in the C-1 zoning district are required to be accessory to the commercial use on the site. Note #2: Approximately 32 acres of the proposed RMF-6 acres are located within a floodplain which would be a constraint to development. Therefore the overall density would likely be less than the maximum allowed byordinance. ;.;,:,, Recommendation: Staff recommends approval of the rezoning based on findings stated herein. The proposed zoning would be compatible with adjacent zoning and existing density and development, and would be in character with the mix of surrounding agricultural, residential, and industrial development. INFRASTRUCTURE: Streets: Currently the site has access to Momingside Drive, which is a Collector along the western property line, and 15"' Street (State Highway 16) which is a Principal Arterial along the northern property line. Street improvements to Momingside Drive and 15's K:IReporns120061PC Reporu109-25-06V?ZN 06-2240 (Combs).doc Street would be evaluated at the time of development, as well as signal assessment or installation at the time of development. Water: Public water is adjacent to the site. There is a 24" waterline along Morningside Drive. Improvements to the water system may be required dependent upon the demand placed by the future development. Water service will need to be extended within the property at the time of development. Sewer: Sanitary sewer is available on the site. There are sewer lines that run across the property. Improvements to the sewer system may be required dependent upon the demand placed by the development. Sewer service will need to be extended within the property at the time of development. Fire: The subject property is located 1.9 miles from the Fire Station No. 1. A response time of 4.75 minutes is estimated; however, when the proposed Station 3 is in service at Happy Hollow and East Huntsville, the response time will decrease to 2.25 minutes. No adverse effects on call volume or response time are anticipated. Police: It is the opinion of the Fayetteville Police Department that this rezoning will alter the population density but will not create an undesirable increase on police services. LAND USE PLAN: The City Plan 2025 Interim Future Land Use Plan designates this site as Mixed Use. Rezoning this property to C -I and RIM -6 in the layout proposed is consistent with that plan. There are multiple transportation corridors in this vicinity and a mixture of uses would be able to be provided. The residential uses would be adjacent to the creek, density would be increased by approximately 2 units per acre, in a • different development pattern than a typical RSF-4 zoning. The C-1 zoning along 150' Street would allow for provision of neighborhood commercial services that would be accessible to surrounding residential areas in the vicinity. The entire property frontage along 15th Street would be zoned commercial to prevent residential property from backing up to, or accessed off of, a principal arterial. ..,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 zoning is consistent with the City's land use planning objectives, principles and policies. The proposal represents a modest increase in density over the site with commercial use proposed along 15th Street in the northeast portion of the property with multi -family residential development over the remaining portions of the site and adjacent to Town Branch Creek in the southern portion of the property. There is a small pocket of multi -family zoning adjacent to the western border of the site, and single-family and multi -family K: Reports120061PC Reports109-25-06 RZN 06-2240 (Combs).doc zoning north of the site across 15 Street, industrial zoning and uses are located• to the east. Staff finds that rezoning to RMF-6 and C-1 creates the potential for consistent and compatible development standards and land uses in this transition area between industrial and residential uses. The Interim Future Land Use Plan supports mixed use in this location. The proposed RMF-6 density on approximately 52 acres provides adequate transition between a variety of the surrounding zonings and land uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the proposed zoning is justified and needed. The anticipation of future residences and commercial use to support those residences is needed in this vicinity and consistent with the City • Plan 2025. The request utilizes commercial zoning along the 15th Street frontage and residential development along Morningside Drive to provide compatibility with the surrounding zonings, and existing streets adjacent to the property. .. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The additional traffic generated by the rezoning request for the RMF-6 portion of the property fronting Morringside Drive approaches 4,000 average daily vehicle trips (ADT). Collector.. Streets are designed to support 4,000 — 6,000 ADT. State Highway 16(15tStreet) is. designated as a Principal Arterial with a designed service volume of 17,600.-20,600 (ADT). Fifteenth Street had an ADT of 12,000 in the year 2002[. The proposed 9.33 acres of C-1 zoning would generate traffic that would be accessed off of 15th Street. It is not anticipated that the proposed rezoning to C-1 and RMF-6 would create an appreciable increase in traffic danger and congestion. However, street and traffic conditions in the vicinity and potential on- and off- site street improvements to address these conditions would be analyzed in detail at the time of development. As part of this analysis,. the City would evaluate for street improvements to Morningside. Drive and 15th Street, as well as signal assessment or installation at the'tiMe of development. 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 from that zoning 1 2002. Arkansas State Highway and Transportation Department of Planning and Research Division in Cooperation with the United States Department of Transportation Federal Highway Administration. 2002 Traffic Volumes Maps of Fayetteville -Springdale. K IReports120061PC Reportsl09-25-061R2N 06-2240 (Combs).doc currently in place. The 62 -acre tract under an RSF-4 zoning designation would allow for a maximum.248 single family residential dwelling units. With the proposed RMF-6 and C-1 designation, a maximum of 540 multi -family dwelling units would be permitted2. This change in zoning would not substantially increase the possible number of residents in this area creating adverse impacts to public services. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. The recommendation from these departments is that the proposed rezoning would not undesirably increase the load on public services. 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 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. i. Finding: N/A 2 The C-1 Zoning district allows a density of 24 units/acre for residential units that are accessory to a commercial use. K. IReporU120061PC Reportsl09-25-061R7N 06-2240 (Combs).doc Fayetteville Unified Development Code 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 - (2) Conditional uses. (Code 1991, § 160.03I;Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Unit 2 City-wide uses by conditional use permit Unit 3 Public protection 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 Two-family dwellings dwellings Units r acre •4 or less 7 or less (D) .Bulk and area regulations. Single-family Two-family dwellin s dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 s . ft. 1 2,000 s . ft -:. .... .....;. Land area .. _ per 8,000 sq. R. 6,000 sq. R. - - dwelling unit (E) Setback requirements. Front Side Rear 25f. 8ft. 20 ft. (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. K:IReports12006NC Reportsl09-25-06IRZN 06-2240 (Combs).doc Fayetteville Unified Development Code 161.10 District Rmf-6, Residential Multi - Family — Six Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (I) Permitted uses. Unit I City-wide uses by right Unit8 Single-family dwellings Unit Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Unitsperacre I 4to6 6 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family - 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a Manufactured home park 4,200 sq. ft. Townhouse: •Development •Individual lot 10,000 sq. ft. 2,500 sq. ft Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. K. Vteportsl2006iPC Repons109-25-061RZN 06-2240 (Combs).doc Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedrooms 1,700 sq. ft. One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. Front Side Rear 25 ft. 8ft. 25 ft. Cross reference(s)—Variances, Ch. 156. (F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (G) ....:Building area. None. (Ord. No. 4325, 7-3-01) Fayetteville Unified Development Code 161.16 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit I City-wide usesby right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service restaurants stations and drive-in Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 f. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. (F) Height regulations. There shall be no maximum height limits in C -I District, provided,. however, that any building which exceeds the height of 10 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 10 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. K: IReportv120061PC Reporrs109-25-06)RZN 06-2240 (Combs). doe 1747,6-29-70; Code 1991,§160.035;Ord.No. 4100, §2(Ex.A), 6- 16-98;Ord. No. 4178, 8-31-99) FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT September 18, 2006 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director This document is in response to the request for a determination of whether the proposed rezoning RZN 06-2240: (COMBS, 564): Submitted by H2 ENGINEERING, INC. for property located at SE CORNER OF MORNINGSIDE DRIVE AND 15TH STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density or create an undesirable increase in the load on police services. The rezoning will not create an appreciable increase in traffic danger and congestion in. the area. In reference to HORTON OF HARRIS MCHANEY REALTORS for property located at SW CORNER RZN 06-2244: (HENNINGSEN COLD STORAGE, 71.7): Submitted by JERRY OF SUNRISE MOUNTAIN AND S. SCHOOL (HWY 71B S). It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density or create an undesirable increase in the load on police services. This rezoning will not create an appreciable increase in traffic danger and congestion. In reference to R-PZD 06-1884: Planned Zoning District (WESTSIDE VILLAGE CONDOS, 439): Submitted by TODD JACOBS CRITICAL PATH DESIGN for property located at S OF WEDINGTON, E OF RUPPLE RD. FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 FAYETTEVILLE,ARKANSAS72701 PHONE: 479.587.3555 FAX: 479.587.3522 • Vaye$eu:lle F;rt Dt�ar�me„}; RZN06-2028 (Mountain Ranch) These 229.53 acres is covered by Engine 7 at 835 N Rupple. It is 1.6 miles from the station with an expected response time of 4 minutes. When Persimmon is extended past Betty Jo, the response time should be decreased to 3.25 minutes and even less time and distance when Persimmon is extended to Rupple Road. There has been no measured hydrant flow conducted in this area. . We do not figure calls for service on property where the request is to modify the boundary of the zoning districts. RZN06-2048 (Tetra Investments) These 1.37 acres is covered by Engine 6 at 900 S. Hollywood. It is 1.1 miles from the station with an expected response time of 3.75 minutes. The Fire Department anticipates 7 (4 EMS — 3 Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. There has been no measured hydrant flow conducted in this area. The service impact of this development will typically take eighteen months after the development is started,•and the units begin to be occupied, to occur. There should be no adverse effects on our call volume or response time to this development. -RZNU6 2049 (Combs) These 62 acres is covered by Engine a en er. It is 1.9 miles from the station with an expected response time of 4.75 m . When the proposed Station 3 is put in service at Happy Hollow and E Huntsville, the resp time will decrease to 2.25 minutes. The Fire Department anticipates 337 (204 EMS — 133 Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. There has been no measured hydrant flow conducted in this area. The service impact of this development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. There should b adve ts on our call volume r time to this develo RZN06-2050 (Wales) This 1.42 acres is covered by Engine 5 at 833 N Crossover. It is 2.1 miles from the station with an expected response time of 5.5 minutes. When the new station 5 is putin service at Crossover and Old Wire the response time will increase to 6 minutes. Measured Hydrant Flow in this area is 835 gallons/minute. There are no anticipated calls for service for a zoning this small and there should be no adverse effects on -our response time to this annexation. Please contact me if you have any questions or concerns. Dakk QaggZns 479-444-3448 Fayetteville Fire Department cK ENGINEERING, INC. August 17, 2006 City of Fayetteville Planning Department 113 West Mountain Street Fayetteville, AR 72701 RE: 15TH STREET & MORNINGSIDE DRIVE REZONING REQUEST Staff, Please accept this correspondence and the enclosed application materials as an official request to rezone approximately 62 acres at the southeast comer of 15`h St. (Hwy 16) and Morningside Drive in southeast Fayetteville. The property is currently owned by Gary Combs and there is no sale proposed or pending related to this parcel at this time. The 61.98 acre parcel described in this application is currently zoned RSF-4. The request is to rezone 52.65 acres to RMF-6 and the remaining 9.33 acres along 15`h St. to C-1. The reason for the request is that approximately 32 of the 61.98 acres is in the flood plain leaving only 30 acres for development. Additionally, the property is surrounded by higher density or industrial zoning. There is RMF-24 and R -A to the west, I-2 to the south, I-1 to the east, and RMF-24 to the north. The requested RMF-6 zoning allows for better use of the property outside of the flood plain. We also anticipate, with so much RMF-24 zoned property in the area, a need for more C -I Neighborhood Commercial in the area. The C-1 request was made on 15`h street so as not to have residential property backing up to, or accessing off of, a principal arterial. With the requested zoning, this property will be similar in land use, traffic generation, and appearance, to the surrounding properties. Signage will be in accordance with the city code. There are existing 30" and 8" sewer mains running through the property. There is an existing 12" water main on the north side of 15`h street and a 24" water main on Morningside Drive. If you have any questions regarding this request, please call me @ 582-4234. Sincerely, Hennelly, P.E. President 2758 Millennium Drive Suite I Fayetteville, Arkansas 72703. Phone: 479.582.4234 Fax: 479.582.9254 ENGINEERING, INC. August 17, 2006 City of Fayetteville Planning Commission 113 West Mountain Street Fayetteville, AR 72701 RE: 15TH STREET & MORNINGSIDE DRIVE REZONING REQUEST Commissioners,. Please accept this correspondence and the enclosed application materials as an official request to rezone approximately 62 acres at the southeast comer of 15th St. (Hwy 16) and Morningside Drive in southeast Fayetteville. The property is currently owned by Gary Combs and there is no sale proposed or pending related to this parcel at this time. The 61.98 acre parcel described in this application is currently zoned RSF-4. The request is to rezone 52.65 acres to RMF-6 and the remaining 933 acres along 15th St. to C-1. The reason for the request is that approximately 32 of the 61.98 acres are in the flood plain leaving only 30 acres for development. Additionally, the property is surrounded by higher density or industrial zoning. There is RMF-24 and R -A to the west, I-2 to the south, I-1 to the east, and RMF-24 to the north. The requested RMF-6 zoning allows for better use of the property outside of the flood plain. We also anticipate, with so much RMF-24 zoned property in the area, a need for more C-1 Neighborhood Commercial in the area. The C-1. request was made on 15`h street so as not to have residential property backing up to, or accessing off of, a principal arterial. This rezoning request is consistent with land use planning objectives in that the property is bounded by high density residential zoning and industrial zoning. While we are requesting an increase in the density we feel thatRMF-6 is a reasonable density in this area. The future land use plan indicates this parcel to be an industrial use. We feel this zoning request is justified in part due to the amount of property which is located in the flood plain associated with the Town Branch which is undevelopable. There is only about 30 acres of the 62 which is outside of the flood plain. It is the owner's intent to dpnate the remaining 32 acres to the parks department, which has this area slated for a trails corridor. We have made the request for 9.33 acres of C -I zoning because there is a need for neighborhood commercial in this area to service the amount of residential property in the area. While the rezoning will create an increase in traffic in the area we do not anticipate an increased traffic danger. We have been made aware of the plan to signalize the 15`h StreetlMorningside intersection. The developer anticipates improvements to 15`h Street; Morningside Drive, and an assessment to cover a portion of the cost of signalizing the intersection. The rezoning will increase the population density, but not to the point so as to cause an undesirable burden on public services. The addition of commercial zoning to the area will help prevent residents from traveling across town to shop, thus reducing traffic in other areas of the 2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254 city. In addition, the increase in sales tax generated is anticipated to help offset the added student load on the schools. As stated previously, with nearly half of the property in the flood plain it is difficult to develop the property at the current density of 4 units per acre. If you have any questions regarding this request, please call me @ 5824234. Sincerely, Thonfas.A. Hennelly,P.E. President 2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254 8/11/2006 8:31:13 M1, 7 a,\ n • m INPN 'p I (i HI' - t . ull o 1131.00' (0) IIII I m . 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'1v1 Y'a jt x rtl -♦ 1Tj rsh .. ^\ W S [ � ^ aA n[ zf cS1 a �e9[ i ;J --'—_ a YeZ1 =4 i `E` £F 1 a tr M1, Jy'.^l ��i 9 ...�.-v� 't 't ai >Y' Jr i O e1 r :r 1 ., I,:i u'-i3iSSCa "li 'iJ V�Y 1 a.✓ �" /l •. ♦ 4 1 li x rt y � [ [[ � \ >3•Y l s 4 � _� h „� s •F . e. 'i;= a _ f ' _�ti r � t t. 'iiYz.'�' `yi.: ' r� - _ 9� i v (ny1 r �R `-< _ K ♦ 1 S nL� t • r Vfe �. a—`-< f. 4) b l _ r r_ ,-s; '4 s.ay "} .f r.r / _. L Ff - •� 1 r .e e 1 v1 � '.����u/..LW'�r.�e�2 5 v - Y4 J -i• Q . 1 r 1 fti. ) 6 e[♦ i e x. rr a 11. 4(11/13/2006) Amber Wood - Ord. 4941 Page 1 From: Amber Wood To: Pate, Jeremy Date: 11/13/2006 3:27 PM Subject: Ord. 4941 Attachments: 4941 RZN 06-2240 Combs.pdf CC: Bell, Peggy; Deaton, Vicki; Goddard, John; Jorgensen, Todd; Pearman,... Jeremy, Attached is a copy of Ord. 4941 passed by the City Council on November 7, 2006. If you have any questions please feel free to give me a call at the number listed below. Have a great day! Thanks, Amber Wood Deputy City Clerk City of Fayetteville City Clerk Division Phone: (479) 575-8323 Fax: (479) 718-7695 awood@ci.fayetteville.ar.us (11/14/2006) Amber Wood- Ord. .4941 Page From: Amber Wood To: Pate, Jeremy Date: 11/14/2006 3:07 PM Subject: Ord. 4941 Attachments: 4941 RZN 06-2240 Combs.pdf Jeremy, Sondra spoke with Judy and we now have the correct legal description. Attached is a copy of Ordinance 4941 with the revised legal description. If you need anything just let me know. Have a great day! Amber Amber Wood Deputy City Clerk City of Fayetteville City Clerk Division Phone: (479) 575-8323 Fax: (479) 718-7695 awood@ci.fayetteville.ar.us NORTHWEST ARKANSAS EDITION' • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, 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 4941 Was inserted in the Regular Editions: November 29, 2006 Publication Charge: $168.80 Subscribed and^sworn to be/� ore me ThIis! day of ' /V ViX'l' 2006. Notary Public Sharlene D. Williams Notary Public State of Arkansas My Commission Expires: My Commission Expires October 18, 2014 RECEIVED NOV 3 0 2006 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE J n.IUNANCE NO. 4941 .AN - , MI ORDINANCE APPROVINGENGINEERING . INC.OSUB.Tay?rlle ERTY TTEL C H2 EA THE OUIN. FOR PROP- LOCATED AT THE SOUTHEAST CORNER OF Et I FOR APPNROXISIDE MATELY 61.98VE AND ACRES REZONING THE SUBJECT PROPERTY FROM RSF4. RESI- ARKANSAS 1 DENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE AND C-1. NEIGHBORHOOD COM- MERCIAL IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,. ARKANSAS, - Qglthnj That the zone classification of the following described property Is hereby changed as to)- Iowa: From RSF4, Resider lei Single Family Four Units Per Acre, to Cl-Nelghbodwod Co r . clanand , RSF-8, Residential Single Family, Eight Units Per Acre, as shown an E,dlib8 •A• and E,d al, n attached hereto and made a pan hereof. Segll9o2: That the official zoning map of the City of Fayetteville, Arkansas 6 hereby amended to reflect the zoning change provided In Section 1 above. , _. I PASSED and APPROVED this 7th day of November, 2006. APPROVED: ATTEST DAN COODYI Mayor iN/NDRA SNITN CRY CWk EXHIBIT OAPZN SURVEY DESCRIPTION (RSF4 TO RMF-606.2240 A PART OF THE WEST HALF OF THE SOUTHEAST 114 AND A PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST .1/4 OF SECTION 22 IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOL- LOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW 1/4 ,SE 1/4 OF SAID SECTION 22; THENCE ALONG THE WEST UNE OF SAID FORTY ACRE TRACT, S0Y52'56'W 183.00 FEET TO A SR" REBAR AND-THF POINT ft acnluuwr_. ITOA THE SOUTH LINE OF THE NE 114, SE 1/4 OF SAID • ,v n rwnu vz MtbAM, I HENCE N49 3T3$'W 545.90 FEET TOA FOUND' • ING THE SOUTHWEST CORNER OF THE NW 1/4 , SE 1/4 OF SAID SEC ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, N0205258 -E 1141 POINT OF BEGINNING, CONTAINING 61.98 ACRES, MORE OR LESS, AND EASEMENTS AND RIGHTS OF WAY OF RECORD. RECEIVED NOV 0 2006 CITY CLERK'S OFFICE St I MGVCt Nr46'10'E 36222 FEET TO THE POINT OF BEGINNING CONTAiNIN( MORE OR LESS. CONTAINING A TOTAL OF 52.65 ACRES MORE OR LESS. AND SURVEY DESCRIPTION (RSF4TO C-1): A PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF THE 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22 TOWNSHIP ,A NnCtM DAMnc on u SAID NORTH UNE S0t46'10-W 29.30 FEET TO AN EXISTING 54Y R IT OF WAY OF ARKANSAS STATE HIGHWAY 18 AND THE POINT OF .mina Ivur4e',Ut 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.3; ORE OR LESS. Exhibit'BIs a map and may be viewed in the City Clerk's Office during normal business (12 12 06) Clarice Pearman - Fwd: Revised Exhibit B for Ordinance # 4941 Page 11 From: Sondra Smith To: Pearman, Clarice Date: 12.12.06 5:03 PM Subject: Fwd: Revised Exhibit B for Ordinance # 4941 Attachments: 3851_001.pdf; Sondra Smith.vcf Attached is the new map for Ordinance 4941. We will need to re -file the map as we talked about. Sondra Smith City Clerk City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 (479) 718-7695 (Fax) ssmith@ci.fayeaeville.ar.us >>> Andrew Garner 12/12/06 4:47 PM >>> Sondra, See attached. Thanks, Andrew Andrew M. Garner Senior Planner City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 Tel.479.575.8262 Fax.479.575.8202 agarner@ci.favetteville.ar.us www.accessfavetteville.org L(12.19.06 Clarice Pearman -Ord: 4941 i _ Page 1 lj From: Clarice Pearman To: Pate, Jeremy Date: 12.19.06 1:15 PM Subject: Ord. 4941 CC: GIS Jeremy, Attached is a copy of the above ordinance with the correct map and legal description. I will file the map with the courthouse. Please let me know if anything else is needed. Thanks. Clarice . C AIRIRA14 (AIS Y fYrl 444 IlL Jo 1L4 ST �r.s1 S t ,'_ 1irt J ORDINANCE NO. 4957 • AN ORDINANCE REZONING THAT PROPERTY a e evl le DESCRIBED REZONING PECRON RZNOG-2220 AT FOR APPROXIMATELY 075 ACRES, LOCATED AT 904 15TH STREET FROM RMF-24, RESIDENTIAL nl tTHFAR I COMMERCIAL WIITH TH24 UNITS PER ACRE EE ASSOCOR_ ARKANSAS 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 fol- lows: From RMF-24, Residential Multi -Family, 24 units per acre to C-2. Thoroughfare Commercial, as shown on Exhibits "Aand'B' attached hereto and made a pan 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. Section 3: That this rezoning approval is subject to the Bill of Assurance offered by the Applicant as shown on Exhibit 'C'. PASSED and APPROVED this 5th day of December. 2006 APPROVED: ATTEST By: By: DAN COODY° Mayor SONORA SMITH, City Clerk EXHIBIT'A' RZN 06-2320 A PART OF THE SW 1/4 OF THE NW I/4, OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST, DESCRIBED AS BEGINNING AT A POINT WEST 309.00 FEET AND NORTH 30.00 FEET FROM THE SOUTHEAST CORNER OF THE SAID FORTY (40) ACRE TRACT; THENCE ALONG THE NORTH RIGHT.OF-WAY OF ARKANSAS HIGHWAY 16 BY-PASS WEST 136.50 FEET: THENCE NORTH 00°12'44'EAST 18800 FEET; THENCE EAST 214.37 FEET; THENCE SOUTH 00°10'16'WEST 8800 BEGINNING. CE WESTST 7600 FEET; T; THENCES HS SOUTH oo°10I6WEST 100.00 FEET TO THE POINT OF EG ORDINANCE NO. AN ORDINANCE APPROVING RZN 06-2240 SUBMITTED BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MORNINGSIDE DRIVE AND 15'11 STREET, FOR APPROXIMATELY 61.98 ACRES, REZONING THE SUBJECT PROPERTY FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE AND 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 RSF-4, Residential Single Family Four Units Per Acre, to C-1 Neighborhood Commercial, and RSF-8, Residential Single Family, Eight Units Per Acre, as shown on Exhibit "A" and Exhibit "B" 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 7"' day of November, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk 4 is EXHIBIT "A" RZN 06-2240 SURVEY DESCRIPTION (RSF-4 TO RMF-6): A PART OF THE WEST HALF OF THE SOUTHEAST '/4 AND A PART OF THE NORTHEAST '/4 OF THE SOUTHEAST '/4 OF SECTION 22 IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW ¼, SE '/4 OF SAID SECTION 22; THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, S02°52'58"W 183.00 FEET TO A 5/8" REBAR AND THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE, 587°15'33"E 849.75 FEET TO A 5/8" REBAR; THENCE N02°46' 10"E 152.24 FEET TO A 5/8" REBAR ON THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16, THENCE ALONG SAID SOUTH RIGHT OF WAY, S87°03'55"E 1054.92 FEET TO A POINT, WITH A FOUND '/2" REBAR BEING OFFSET 7.25 FEET S02°41'04"W FROM CORNER, THENCE LEAVING SAID SOUTH RIGHT OF WAY 502°41 '04"W 1286.96 FEET TO A FOUND 3/8" REBAR ON THE SOUTH LINE OF THE NE '/4 , SE Y4 OF SAID SECTION 22, THENCE ALONG THE .SOUTH LINE OF SAID FORTY ACRE TRACT, N87°31'44"W 594.85 FEET TO A FOUND 5/8" REBAR IN CONCRETE, MARKING THE SOUTHWEST CORNER OF THE NE '/4 , SE '/4 OF SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE W %2 , SE ¼, S02°37'48"W 333.40 FEET TO A 5/8" REBAR, THENCE LEAVING SAID EAST LINE, N87°14'49"W 882.31 FEET TO A FOUND 'A" REBAR, THENCE N49°37'35"W 545.90 FEET TO A FOUND %2" REBAR, MARKING THE SOUTHWEST CORNER OF THE NW ¼, SE'/4 OF SAID SECTION 22, THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, N02°52'58"E 1140.98 FEET TO THE POINT OF BEGINNING, CONTAINING 61.98 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD. LESS AND EXCEPT: A PART OF THE NORTHWEST '/4 OF THE SOUTHEAST '/4 AND PART OF THE NORTHEAST '/4 OF THE SOUTHEAST '/4 OF SECTION 22 TOWNSHIP 16 NORTH RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW '/4 , SE '/4 OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID NW '/4 , SE '/4 S87°19'15"E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE S02°46'10"W 29.30 FEET TO AN EXISTING 5/8" REBAR IN THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY S87°03'55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY S02°41'04"W 408.42 FEET, THENCE N84°33'35"W 1056.67 FEET, THENCE N02°46' 10"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. CONTAINING A TOTAL OF 52.65 ACRES MORE OR LESS. AND SURVEY DESCRIPTION (RSF-4 TO C -I): A PART OF THE NORTHWEST '/< OF THE SOUTHEAST '/4 AND PART OF THE NORTHEAST %a OF THE SOUTHEAST '/d OF SECTION 22 TOWNSHIP 16 NORTH RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW ¼, SE '/4 OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID NW ¼, SE '/4 S87°19' 15"E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE S02°46'l0"W 29.30 FEET TO AN EXISTING 5/8" REBAR IN THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY S87°03'55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY 502°41 '04"W 408.42 FEET, THENCE N84°33'35"W 1056.67 FEET, THENCE N02°46' 10"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. ..i4...r....... �.... ... ... u.-r.r.......�... .. .:....: l .......v . v .-... M -r.... -..... ... ... .... .. ... .. .. ........va.a......a .. ... .... ..... ...... .� 3 COPY ORDINANCE NO. 4941 AN ORDINANCE APPROVING RZN 06-2240 SUBMITTED BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MORNINGSIDE DRIVE AND 15Th STREET, FOR APPROXIMATELY 61.98 ACRES, REZONING THE SUBJECT PROPERTY FROM.:RSF: .ti., .. 1≥ NEIGHBOR OOD COMMERC :._.- IAL`' 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: Fmm•RSF e§ident al'Single Family FourUnitsPer -Acre, to:G 1''2!Teighboilood Coromeicial;•'and"RSF=8;'-:•Residential=.;Single Pithily Eight Units Per Acre, as shown on Exhibit "A" and Exhibit "B" 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. ...,,1111.1... PASSED and APPROVED this 7th day of November, 2006. APPROVED: ATTEST: By: By: City Clerk F-8 A PART OF THE WEST HALF OF THE SOUTHEAST 1/4 AND jA PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22 IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: • COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW 1/4 , SE 1/4 OF SAID SECTION 22; THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, S02°52'58"W 183.00 FEET TO A 5/8" REBAR AND • THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE, S87°15'33"E 849.75 FEET TO A 5/8" REBAR; THENCE N02°46' 10"E 152:24 FEET TO A 5/8" REBAR ON THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16, THENCE ALONG SAID SOUTH RIGHT OF WAY, S87°03'55"E 1054.92 FEET. TO A PONT, WITH A FOUND 'h" REBAR BEING OFFSET 7.25 FEET S02°41'04"W FROM CORNER, THENCE LEAVING SAID SOUTH RIGHT OF WAY S02°41'04"W 1286.96 FEET TO.A FOUND 3/8" REBAR ON THE SOUTH LINE OF THE NE 1/4 , SE 1/4 OF SAID SECTION 22, THENCE ALONG THE • SOUTH LINE OF SAID FORTY ACRE TRACT, N87°31'44"W 594.85 FEET TO A FOUND 5/8" REBAR IN CONCRETE, MARKING THE SOUTHWEST CORNER OF THE NE 1/4 , SE 1/4 OF -SAID SECTION 22; THENCE ALONG THE EAST LINE OF THE W 1/2 , SE 1/4 • S02°37'48"W 333.40 FEET TO A 5/8" REBAR, THENCE LEAVING SAID EAST LINE, N87°14'49"W 882.31 FEET TO A FOUND %2" REBAR, THENCE N49°37'35"W 545.90 FEET • TO A FOUND 1/2" REBAR, MARKING THE SOUTHWEST CORNER OF THE NW 1/4 , SE • 1/4 OF SAID SECTION 22, THENCE ALONG THE WEST LINE OF SAID FORTY ACRE TRACT, N02°52'58"E 1140.98 FEET TO THE POINT OF BEGINNING, CONTAINING 61.98 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS AND RIGHTS OF • WAY OF RECORD. LESS AND EXCEPT: A PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22 TOWNSHIP 16 -NORTH • RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: • COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST • CORNER OF THE NW 1/4 , SE 1/4 OF SAID SECTION 22, THENCE ALONG THE NORTH • LINE OF SAID NW 1/4, SE 1/4 S87°19'15"E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE S02°46' I0"W 29.30 FEET TO AN EXISTING 5/8" REBAR IN THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINT OF . BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY 587°03'55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY S02°41'04"W 408.42 FEET, • THENCE N84°33'35"W 1056.67 FEET, THENCE N02°46' 10"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. SURVEY' DESCRIPTION (RSF-4:TO C4): A PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND 'PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 22 TOWNSHIP 16 NORTH RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE.PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FROM A FOUND RAILROAD SPIKE, MARKING THE NORTHWEST CORNER OF THE NW 1/4 ,SE 1/4 OF SAID SECTION 22, THENCE ALONG THE NORTH LINE OF SAID NW 1/4, SE 1/4 S87°19'15"E 849.27 FEET, THENCE DEPARTING SAID NORTH LINE S02°46' 10"W 29.30 FEET TO AN EXISTING 5/8" REBAR IN THE SOUTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 AND THE POINT OF BEGINNING, THENCE ALONG SAID SOUTH RIGHT OF WAY S87°03'55"E 1054.92 FEET, THENCE DEPARTING SAID SOUTH RIGHT OF WAY 802°41'04'W 408.42 FEET, THENCE N84°33'35"W 1056.67 FEET, THENCE NO2°46' I O"E 362.22 FEET TO THE POINT OF BEGINNING CONTAINING 9.33 ACRES MORE OR LESS. From: Clarice Pearman To: Pate, Jeremy Date: 1.22.07 5:07 PM Subject: Ords. 4974 & 4976, Refile 4941 Attachments: 4941 Refile Exhibit B.pdf; 4974 RZN 06-2344 Exhibit B.pdf; 4976 R-PZD 05-15 99 Zion Gardens.pdf CC: Audit; GIS Jeremy, Attached is a copy of the above ordinances passed by City Council, January 16, 2007. Please let me know if there is anything else needed. Also, Ord. 4941 was refiled to reflect the correct Ex. B. I would like to let you know that when we have to refle the attachments the whole ordinance has to be refiled. That's a tidbit for you and me. I did not know that whole item would have to me refiled. They let me slide today with just filing the ordinance and the Ex. B because I did not extra money. Thanks. Have a good day. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us