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HomeMy WebLinkAboutOrdinance 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 -