HomeMy WebLinkAboutOrdinance 5162 Doc ID : 012453050003 TVDe : REL
Recorded : 08/25/2008 at 04 : 04 : 11 PM
Fee Amt : $25 . 00 Pace I of 3
Mashinoton Countv . AR
Bette Stamps Circuit Clerk
File2008-00028233
ORDINANCE NO. 5162
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-3027, FOR
APPROXIMATELY 14.36 ACRES, LOCATED AT THE
SOUTHEAST CORNER OF MOUNT COMFORT AND SALEM
ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE AND R-A, RESIDENTIAL
AGRICULTURAL TO R-O, RESIDENTIAL OFFICE AND P- 1 ,
INSTITUTIONAL.
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, 4 units per acre
and R-A, Residential Agricultural to R-O, Residential
Office and P- 1 , Institutional as shown on Exhibits "A"
and `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.
h� GAS Y OF •L����
PASSED and APPROVED this 5th day of August, 2008.
eFAYETTEVILLE ; a
APPROVED: ATTEST:
c� • h44
GT
B By: QQA AA.)
Y�
DAN COOD , Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT `B"
RZN 08-3027
LEGAL DESCRIPTION: (TRACT 1 RSF-4 TO R-O)
A PART OF THE NWI /4 OF THE SW 1/4 OF SECTION 6, TI 6N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NW 1 /4, SWI/4 THENCE
N89052' 33"W 2I0.00 FEET, THENCE SOUTH 42.50 FEET
TO THE P.O.B., THENCE SOUTH 234.66 FEET, THENCE WEST 410.02 FEET, THENCE
NORTH 235 .55 FEET, THENCE S89052'33"E
410.02 FEET TO THE P.O.B.; CONTAINING 2.21 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RTGHT-OF-WAY OF RECORD.
LEGAL DESCRIPTION: (TRACT 2 RSF-4 and R-A TO P-1 )
A PART OF THE NW I/4 OF THE SWIA OF SECTION 6, T16N, R30W IN WASHINGTON
COUNTY. ARKANSAS AND BEING DESCRIBED AS
FOLLOWS; BEGINNING AT THE SE CORNER OF SAID NWI /4, SWIA THENCE
N89059'34"W 176.50 FEET, THENCE N00000126"E 27.76
FEET, THENCE ALONG A CURVE TO THE LEFT 264.77 FEET, SAID CURVE HAVING A
RADIUS OF 2I5.00 FEET AND A CHORD BEARING OF
N35016' 19"W 248.35 FEET, THENCE N70033'0459W 116.66 FEET, THENCE ALONG A
CURVE TO THE RIGHT 350.93 FEET, SAID CURVE
HAVING A RADIUS OF 285 .00 FEET AND A CHORD BEARING OF N35° 16'32"W 329. 18
FEET, THENCE NORTH 505 . 14 FEET, THENCE EAST
620.02 FEET, THENCE SOUTH 1043.27 FEET TO THE P.O.B. ; CONTAINING 12. 15
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
08/25/2008 04:04:11 PM
and recorded in Real Estate
File Number 2008.00028 3
Bette stamps - Circuit CI r
by
OIE )
City of Fayetteville Staff Review Form �?/5 /4Y
City Council Agenda Items 5/ 44
and p � �
Contracts, Leases or Agreements 10Y d8'3037
August 5, 2008 P,4 w 115
City Council Meeting Date h �
Ch
Agenda Items Only l•
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 08-3027: (Pathway Baptist Church, 362): Submitted by Jorgensen and Associates for property located at the
southeast corner of Mount Comfort and Salem Road. The property is zoned RSF4, Residential Single Family, 4
units per acre and R-A, Residential Agricultural, and contains approximately 14.36 acres. The request is to rezone
the subject property to R-O, Residential Office and P-1 , institutional.
Cost of this request Category 1 Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department ire or Date
Original Contract Date:
UA Original Contract Number:
City Att ey A Date
Received in City �N �E
.7 _ ( F �o p Clerk's Office
Finance and Internal Service Director JV-` Date �iCJ
Reived in TEesOffice
Reci r
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of August 5, 2008
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 6
Date: July 10, 2008
Subject: Rezoning for Pathway Baptist Church (RZN 08-3027)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-Family, 4 units per acre and R-A, Residential Agricultural to
P- 1 , Institutional and R-O Residential Office for approximately 14.36 located at the southeast
corner of Mount Comfort and Salem Road.
BACKGROUND
The applicant intends to utilize the property for a church on the southern 12. 15 acres and a
day care or other supporting non-residential use on the northern 2.21 acres adjacent to Mount
Comfort Road. Therefore the applicant is proposing to re-zone the northern 2.21 acres to R-
O, Residential Office, and the southern 12. 15 acres to P- 1 , Institutional, the allowable zoning
for a church (Use Unit 4). The City Plan 2025 Future Land Use Plan designates a majority
of this site as a City Neighborhood Area and a small southern portion of the site associated
with the Hamestring Creek Floodplain as Natural Area. While still a primarily residential
urban fabric, City Neighborhood Areas support denser development patterns, a wide range of
building types, a high level of connectivity and non-residential uses that reduce the length
and number of vehicle trips generated by residential development. Rezoning this property to
R-O, Residential-Office and P- 1 . Institutional for non-residential uses including a church is
compatible with surrounding properties that are primarily residential and provides a support
service to the surrounding, growing community.
DISCUSSION
This item was heard at the regular Planning Commission meeting on July 14, 2008. The
Planning Commission voted 7-0-0 to recommend forwarding this rezoning request to the City
Council with a recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-3027, FOR
APPROXIMATELY 14.36 ACRES, LOCATED AT THE
SOUTHEAST CORNER OF MOUNT COMFORT AND SALEM
ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE AND R-A, RESIDENTIAL
AGRICULTURAL TO R-O, RESIDENTIAL OFFICE AND P- 1 ,
INSTITUTIONAL.
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, 4 units per acre
and R-A, Residential Agricultural to R-O, Residential
Office and P- 1 , Institutional as shown on Exhibits "A"
and `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.
PASSED and APPROVED this day of 12008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
f.
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EXHIBIT "B"
RZN 08-3027
LEGAL DESCRIPTION: (TRACT 1 RSF-4 TO R-O)
A PART OF THE NW1 /4 OF THE SW1 /4 OF SECTION 6, T16N, R30W IN
WASHINGTON COUNTY, ARKANSAS AND BEEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NW1 /4, SW1 /4 THENCE
N89052'33'W 210.00 FEET, THENCE SOUTH 42.50 FEET
TO THE P.O. B. , THENCE SOUTH 234.66 FEET, THENCE WEST 410.02 FEET,
THENCE NORTH 235. 55 FEET, THENCE S89052'33"E
410.02 FEET TO THE P.O. B . ; CONTAINING 2.21 ACRES MORE OR LESS SUBJECT
TO EASEMENTS AND RTGHT-OF-WAY OF RECORD.
LEGAL DESCRIPTION : (TRACT 2 RSF-4 and R-A TO P-1 )
A PART OF THE NW1 /4 OF THE SW1 /4 OF SECTION 6, T16N , R30W IN
WASHINGTON COUNTY. ARKANSAS AND BEING DESCRIBED AS
FOLLOWS; BEGINNING AT THE SE CORNER OF SAID NW1 /4, SW1 /4 THENCE
N89059'34"W 176.50 FEET, THENCE N00°00'26"E 27.76
FEET, THENCE ALONG A CURVE TO THE LEFT 264.77 FEET, SAID CURVE
HAVING A RADIUS OF 215.00 FEET AND A CHORD BEARING OF
N35° 16'19'W 248.35 FEET, THENCE N70033'04"W 116.66 FEET, THENCE ALONG A
CURVE TO THE RIGHT 350.93 FEET, SAID CURVE
HAVING A RADIUS OF 285.00 FEET AND A CHORD BEARING OF N35° 16'32"W
329. 18 FEET, THENCE NORTH 505. 14 FEET, THENCE EAST
620.02 FEET, THENCE SOUTH 1043.27 FEET TO THE P.O. B. ; CONTAINING 12. 15
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY OF RECORD.
�Ohyel� PC Meeting of July 14, 2008
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 7270101
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: ' g�L- Updated July 17, 2008
RZN 08-3027: (PATHWAY BAPTIST CHRUCH, 361): Submitted by JORGENSEN & ASSOC for
property located at T14E SE CORNER OF MT. COMFORT AND SALEM ROAD. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and R-A, RESIDENTIAL AGRICULTURAL and
contains approximately 14.36 acres. The request is to rezone the subject property to R-O, Residential
Office and P- I . Institutional.
Property Owner: PATHWAY BAPTIST CHURCH
Planner: ANDREW GARNER
BACKGROUND:
Property: The subject property contains 14.36 acres and is located at the southeast comer of Mount
Comfort and Salem Road. Salem Road is shown on the Master Street Plan as a Collector Street to extend
south through the subject property, eventually connecting Mount Comfort Road to Wedington Drive, once
a bridge is constructed over Hamestring Creek. Surrounding land use and zoning is depicted on Tabled .
A lot split (LSP 08-3025) was approved by the Subdivision Committee on July 3 , 2008 to divide the
subject property into two tracts, as depicted on the attached survey/site plan.
Table 1
Surrounding Land Use/Zoning
Direction from Land Use Zoning
Site
North Single family RSF4, Residential Single Family-4 unitslacre; R-A,
dwellings Residential Agricultural
South Vacant R-A, Residential Agricultural
East Church of Christ P-I, Institutional; RSF-4, Residential Single Family
units/acre
West Vacant RSF4, Residential Single Family-4 units/acre; R-A,
Residential Agricultural
Proposal: The applicant intends to utilize the property for a church on the southern 12. 15 acres and a day
care or other supporting non-residential use on the northern 2.21 acres adjacent to Mount Comfort Road.
Therefore the applicant is proposing to re-zone the northern 2.21 acres to R-O, Residential Office, and the
southern 12. 15 acres to P- 1 , Institutional, the allowable zoning for a church (Use Unit 4).
K IReports120081PC Reportsll34uly 141RT.N 08-3027 (Pathxay Baptist Church).doc
INFRASTRUCTURE:
Streets: Access to the site is provided by Mount Comfort Road, a Minor Arterial. The City is
improving this street as part of the City's Transportation Improvement Bond Program
street improvements in this area. Salem Road, a Collector, is identified on the Master'
Street Plan as being extended south through the site.
Water: Public water is adjacent to the site. There is a 12" water main along Mount Comfort
Road. Water may need to be extended through the property at the time of development to
provide domestic service and fire protection.
Sewer: Sanitary sewer is adjacent to the site. There is a 12" sewer main along the south property
line of this project. Sewer may need to be extended through the property at the time of
development. There is also a 6" sanitary sewer on the north end of the site in the Mount
Comfort right-of-way; however the capacity of the existing 6" main may need to be
evaluated at the time of development.
Fire: The Fayetteville Fire Department has reviewed the request and has estimated that the
response time would be within acceptable limits of service delivery, estimated at three
minutes from Fire Station No. 7.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services.
LAND USE PLAN: The Future Land Use Plan designates a majority of this site as a City Neighborhood
Area and a small southern portion of the site associated with the Hamestring Creek floodplain as Natural
Area. While still a primarily residential urban fabric, City Neighborhood Areas support denser
development patterns, a wide range of building types, a high level of connectivity and non-residential uses
that reduce the length and number of vehicle trips generated by residential development. These areas also
encourage developers to designate and plan for mixed-use corners to properly plan for accessibility to
these areas. Rezoning this property to R-O, Residential-Office and P- 1 , Institutional for non-residential
uses including a church is compatible with surrounding properties that are primarily residential and
provides a support service to the surrounding, growing community.
RECOMMENDATION: Staff recommends approval of the rezoning request. Granting a rezone to R-O
and P- 1 would allow uses that are compatible with surrounding land uses that are in large part being
developed for residential uses. The addition of non-residential uses including a church in this area would
be able to serve and be supported by the future population of the surrounding areas. Specific conditions
for screening, landscaping, etc. will aid in diminishing the presence of the non-residential use in a
residential area. Further, Mount Comfort Road is designated as a Minor Arterial on the Master Street
Plan, and is planned to support traffic that would be generated by the proposed church and other non-
residential use.
K.1Reportt120081PC Reports113July 1 ARZV 08-3027 (Pathway Bap(is1 Church).doc
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNING COMMISSION 'ACTION Required YES � `
X Forwarded to C C ❑ Denied
Motion. Graves
Second Winston r
Votem 7 0 "mly ' ; 4 3^ y. �`" �:: + j vY '�
Date: July 14, 2008
[[Date-a
TY COUNCIL ACTION: Required" YES
0 Approved ❑ Denied
°eAua st 5-,'2008`W1 reading rf recommended)r, d
. ,. ,.
FINDINGS OF THE STAFF
I . 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 rezoning is consistent with current land use planning objectives and
policies and is compatible with adjacent properties in the same district.
Surrounding properties are primarily residential in nature with some undeveloped
area, and function within a residential district that has several churches along
Mount Comfort Road, including one adjacent to the east. The intersection of
Mount Comfort Road/Salem Road is appropriate for non-residential services. This
area of Mount Comfort Road is indicated on the Future Land Use plan as City
Neighborhood Area, with a small area around the Hamestring Creek in the
southern portion of the site as Natural Area. The proposed church and other low-
intensity non-residential uses would be compatible with the existing and future
residential uses as it would serve and be supported by the future population of the
surrounding areas. The proposed church would be best facilitated by a P-1 zoning,
which would more accurately reflect the proposed use than the current RSF-4
zoning. The non-residential uses allowed under the proposed R-O zoning at the
intersection of Mount Comfort Road/Salem Road would be appropriate give the
relatively high volume of traffic at the intersection of a Minor Arterial and a
Collector, and would provide opportunities for goods/services in closer proximity to
residents of the area.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
K:1Repor1s1200WC Repores113Ju1y 141RZN 08-3027 (Pathway Baptist Church).do
development patterns and to allow for the build out of the area consistent with the
City Plan 2025. The City Plan 2025 identifies some Guiding Policies for City
Neighborhood Areas that are applicable to the proposed rezoning:
Guidine Policies:
b. Provide non-residential uses that are accessible for the convenience of
individuals living in residential districts and where compatibility with existing
desirable development patterns occurs.
c Reduce the length and number of vehicle trips generated by residential
development by enhancing the accessibility to these areas.. .
d. Encourage developers to designate and plan for mixed-use corners at the time
of approval to properly plan for accessibility to these areas.
The proposed use would be compatible to adjacent land uses and would encourage
continued growth of this identified mixed use area. The proposed church and non-
residential uses would serve the existing and future population of the surrounding
areas and would not create a nuisance or adversely affect the public interest.
3. A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: Future development with the proposed zoning would increase traffic accessing onto
Mount Comfort Road more than that which exists today. Mount Comfort Road isa
Minor Arterial roadway that is being improved by the City as part of the
Transportation Improvement Bond Program. As approved with Condition of
Approval No. I from the Pathway Baptist Church lot split (LSP 08-3025), in
consideration for the applicant dedicating additional right-of-way along Mount
Comfort Road for these street improvements, staff will not be recommending
assessments for street improvements to Mount Comfort Road at the time of
development. Salem Road is a Collector shown on the Master Street plan to extend
south through the subject property. Portions of this street will need to be
constructed at the time of development. With the improvements being completed to
Mount Comfort Road and the construction of Salem Road, the proposed zoning will
not create or appreciably increase traffic danger or congestion. Additional review
of cross-access to adjacent properties will also be evaluated at the time of
development.
Police = It is the opinion of the Fayetteville Police department that an appreciable increase in
traffic danger and congestion will not be created by this rezoning request.
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 not substantially alter the population density in the
area. Public service providers have responded accordingly:
K:Reports11008V'C Reporul13July 14VaN 08-3017 (Pathway Baptist Churdt).doc
Police— This rezoning will not substantially alter the population density thereby
undesirably increasing the load on police services.
Fire — This rezoning would not adversely impact adequate response times for City
Fire Department to this development.
Engineering - Water: Public water is adjacent to the site. There is a 12" water main along
Mount Comfort Road. Water may need to be extended through the
property at the time of development to provide domestic service and fire
protection.
Sewer: Sanitary sewer is adjacent to the site. There is a 12" sewer main
along the south property line of this project. Sewer may need to be extended
through the property at the time of development. There is also a 6" sanitary
sewer on the north end of the site in the Mount Comfort right-of-way,
however the capacity of the existing 6: main may need to be evaluated at the
time of development.
Streets: Access to the site is provided by Mount Comfort Road, a Minor
Arterial, as identified in the Master Street Plan is an improved paved two
lane city street. The City is improving this street as part of the City's
Transportation Improvement Bond Program street improvements in this.
area. Salem Road, a Collector, is identified on the Master Street Plan as
being extended south through the site.
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.
Finding: N/A
K:IReportsI20081PC Reportsll3-July 14tRZN 08-3027 (Pathuuy Baptist Church).doc
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.
IUnit 1 City-wide uses by right
Unit 8 Single-family dwelling
(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 5
Government facilities
Unit 9
Two-family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellings
Two-family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum
70 ft.
80 It.
width
Lot area minimum
8,000 sq. ft.
12,000 sq.-ft.
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
Hillside Overlay
60 ft.
70 ft.
District Lot
minimum width
Hillside Overlay
8,000 sq. ft.
12,000 sq.-ft.
District Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E) Setback requirements.
FRONT
SIDE
REAR
25 ft.
8 ft.
20 ft.
HOD Front
HOD Side
HOD Rear
15 ft. 5ft. I15ft.
(F) Height. Structures in this District are limited to a
building height of 45 feet. The height of a
proposed structure may only be increased above
45 feet by obtaining a variance after hearing by
the Planning Commission. Existing structures
that exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses.
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 40% of the total
area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98:
Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-
19-07)
161.08 District RSF-7, Residential Single -
Family — Seven Units Per Acre
(A) Purpose. The RSF-7 Residential District is
designed to permit and encourage the
development of detached dwellings in suitable
environments.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide
uses by tight
Unit 8
Single-family
dwellings
(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 5
Government facilities
Unit 9
Two family dwellings
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
By Right
Conditional Use
Single-family dwelling
units per acre
7 or less
8.5
Two-family dwelling
—
Option: 15% of
units per acre
the lot,
maximum
(D) Bulk and area regulations.
(E) Lot width minimum.
Single-family
60 ft.
Two-family
60 ft.
CD161:6
Single-family
Two-famil
IP
Three or more
Professional of ices .
(2) Lot area minimum.
ctured home park
3 acres
in a
ctured home park
4,200 sq.
ft.
ouses:
pment
ual lot
V
10,000 sq.
2,500 sq.
ft.
ft.
Single-family
6,000 sq.
ft.
mil
6,500 s .
ft.
or more
8,000 .
ft.Fraternity
or Sorority
1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses & Apartments
No bedroom
1,000 sq.
ft
One bedroom
1,000 sq.
ft.
Two or more bedrooms
1,200 sq.
ft.
Fraternity or Sorority
500 sq. ft.
per
resident
(E) Setback requirements.
Front
Side
Rear
25 ft.
8ft.
20 ft.
Cross reference(s)—Variance, 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.
(Code 1965, App. A., Art 5(IV); Ord. No. 2320, 4-5-77; Ord.
No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A). 6-16-98; Ord. No.
4178,8-31-99; Ord. 5028, 6-19-07)
161.16 District R -O,
(A) Purpose. The Residential -Office District is
designed primarily to provide area for offices
without limitation to the nature or size of the
office, together with community facilities,
restaurants and compatible residential uses.
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12
Offices, studios and related services
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 11
Manufactured home park
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(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 or more
90 ft.
(2) Lot area minimum. I
Manufactured home park
Lot within a manufactured
home park
. ft.
Townhouses:
Development
Individual lot
. ft.
sq. ft.
il
Single-family
. ft.Two-famil
. ft.Three
or more
. ft.Fratemi
or Sororit
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Townhouses & apartments:
No bedroom
1,000 sq.
ft.
One bedroom
1,000 sq.
ft.
Two or more bedrooms
1,200 sq.
ft.
Fraternity or Sorority
500 sq. ft.
per
resident
(B) Uses.
(D) Density.
(1) Permitted uses.
Units per acre 1 4 to 24
Unit 1 I City-wide uses by right
CD161:12
TITLE XV UNIFIED DEVELOPMENT CODE
(E) Setback regulations.
(2) Conditional uses.
Front
30 ft.
Front, if parking is allowed between the
right-of-way and the building
50 ft'.
Front, in the Hillside Overlay District
15 ft.
Side
10 ft.
Side, when contiguous to a residential
district
15 ft.
Side, in the Hillside Overlay District
8 ft
Rear, without easement or alley
25 ft.
Rear, from center line of public alley
10 ft.
Rear, in the Hillside Overlay District
15 ft.
(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
except for the HHOD. Within the HHOD, the
maximum building height is 60 feet as measured
from the lowest point of the structure at the
historic grade prior to development to the highest
point of the structure, allowing three stories on
the uphill side and four stories on the downhill
side of the building. If the building is placed on a
graded pad, then the height of the building is
reduced, allowing a maximum of three stories as
measured from the historic grade, pre -
development
(G) Building area. On any lot, the area occupied by
all buildings shall not exceed 60% of the total
area of such lot.
(Code No. 1965, App. A., An. 5(x); Ord. No. 2414, 2-7-78:
Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747,6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05:
Ord. 4943, 11-07-06; Ord. 5079, 11-20-07)
■
161.17 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 uses by right
Unit 5
Government Facilities
Unit 12
Offices, studios and related services
Unit 13.
Eating laces
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 25
Professional offices
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
Unit 40
Sidewalk Cafes
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
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-1 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. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-
19-07)
161.18 District C-2, Thoroughfare
Commercial
(A) Purpose. The Thoroughfare Commercial District
is designed especially to . encourage the
functional grouping of these commercial
enterprises catering primarily to highway
travelers.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 12
Offices, studios and related services
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 15
Neighborhood shopping oods
CD161:13
TITLE XV UNIFIED DEVELOPMENT CODE
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 12
Offices, studios and related services
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 28
Center for collecting recyclable materials
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 31
Facilities emitting odors and facilities
handling explosives.
Unit 36
Wireless communications facilities
Unit 38
Mini -storage Units
Unit 39
Auto salvage and junk yards
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A
or R districts
100 ft.
Front, when adjoining C, I
or P districts
50 ft.
Side, when adjoining A or
R districts
50 ft.
Side, when adjoining C, I
or P districts
25 ft.
Rear
25 ft.
(F) Height regulations. There shall be no maximum
height limits in 1-2 Districts, provided, however,
that any building which exceeds the height of 25
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 25 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord.
No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991,
§160.040; Ord. No. 3971, §2, 5-21-96; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4992, 3-06-
07; Ord. 5028, 6-19-07)
c6!tt1Inst1tutj1
(A) Purpose. The Institutional District is designed to
protect and facilitate use of property owned by
larger public institutions and church related
organizations.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(0) Bulk and area regulations. None.
(E) Setback regulations.
Front
30 ft.
Front, if parking is allowed between the
right-of-way and the building
50 ft.
Side
20 ft.
Side, when contiguous to a residential
district
25 ft.
Rear
25 ft.
Rear, from center line of public alley
10 ft.
(F) Height regulations. There shall be no maximum
height limits in P-1 Districts, provided, however,
that any building which exceeds the height of 20
feet shall be set back from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 20 feet.
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 60 % of the total
area of such lot.
(Code 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord. No.
2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-
70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A). 6-16-
98; Ord. No. 4178, 8-31-99; Ord. 5073, 11-06-07)
161.27 District E-1, Extraction
(A) Purpose. The Extraction District is designed to
provide areas for the commercial removal of
natural accumulations of sand, clay, silt, gravel,
rock, and any mineral where such removal may
cause groundwater problems, noise, dust, traffic
problems, erosion, and safety concerns.
CD161:19
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
From: David Williams, Battalion Chief
Date: July 9, 2008
Re:
RZN 08-3027: (PATHWAY BAPTIST CHURCH, 361): Submitted by JORGENSEN &
ASSOCIATES for property located at THE SE CORNER OF MT. COMFORT AND SALEM ROAD. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains, approximately 14.36
acres. The request is to rezone the subject property to R -O, Residential Office and P-1,
Institutional.
This development will be protected by Engine 7. located at 835 N. Rupple Rd.
It is 1.5 miles from the station with an anticipated response time of 3 minutes to the beginning of
the development.
The Fire Department anticipates j(] EMS - S Fire/Other) calls for service each year after the
development is completed and maximum build -out has occurred. Typically, this type of
development usually takes 12 — 18 months, after the development is started, before maximum
build -out occurs.
The Fayetteville Fire Department does not feel this development will affect our calls for service or
our response times.
Measured hydrant flow in this area is E gallons per minute.
If you have any questions please me.
'David ZVilThzms
David Williams
Fire Marshal
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
Date 6/27/08
Jeremy Pate .
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
RZN 08-3027: (Pathway Baptist Church, 361): Submitted by Jorgensen & Associates for
property located at the SE comer of Mt. Comfort and Salem Road 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. The property
contains approximately 14.36 acres.
It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density, and create an appreciable or undesirable increase in the load
on police services. This RZN will not create an appreciable increase in traffic danger and
congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
6/2/08
City of Fayetteville
113 W. Markham
Fayetteville, AR 72701
Attn: Jeremy Pate
Re: Pathway Baptist Church (Rezoning)
Attached herewith please find the application for a rezoning property for Pathway Baptist
Church. The existing zoning is RSF-4 and the request is to rezone the north portion (2.21
Ac) to R-0 and the south portion (12.15 Ac) to P-1. The reason for the rezoning to R-0 is
for a day care facility. 1n addition there will be other R-0 related uses. The reason for the
P-1 request is for the proposed church on this site.
Salem Road will be extended along the west side of the R-0 property and a portion of the
P-1 property.
Water and sewer will be extended to these properties.
The Church of Christ was recently built to the east of this property.
Please review and call concerning any questions you may have.
Thank you.
Sinc lya
L
J tin Jorgensen,
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING •
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1850 W R -A) STREE �`_ 6 I--.. i6[ L -a/ a o v
FAYETTEVILLE. AR. )220!
(P -A) I 11 I CENTERLINE ST EET-^
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NEW ZONING = R-0
NEW ZONING = P -I
TRACT 2
PROPOSED CENTERLINE
(SALEM ROAD EATENSION)
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3JWMES 9 JIAI (N HAZEN
1160 N. RIPPLE ROAD -
FAYETTEVILLE, AR 722045804
(RSF-h)
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6-16-J0
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70'SLUG . \ STATE PLANE COORDINATES:
4' -NORTHING; 647471.5200
SETBACY. LASTING: 660549.8000
INITIAL CHURCH -.I
BUILDING . H.
15.000 SOFT. - ',I
FUTURE BUILDING
FUTURE PARKING' :
I
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765-15646-000
LEVERE TIE 9 NORTH STREET
CHURCH OF CHRIST
T6L W NORTH STREET
FAYETTEVLLE. AR. 77701
(P-0
s.O. B. T65-15610.05
PACT? CITY OF FAYETTEW
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TTEVILLE]
FAYE. AR.
RZN08-3027
Close Up View
PATHWAY. BAPTIST CHURCH
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Overview
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125
250
500
750
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RZN08-3027 PATHWAY BAPTIST CHURCH
One Mile View
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SUBJECT PROPERTY 11 ; n^ . E" L
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Overview Legend Boundary
-"`---- Subject Property
'i Planning Area
---❑ RZN0B-3027 Yo>o
> 0 Overlay District
ovmm
L_ Outside City
Legend
Hillside -Hilltop O erlay District
r '
0 0.25 0.5 1
Mies
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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: City of
Fayetteville Ordinance 5162
August 13, 2008
Publication Charge : $100.23
Subscribed and sworn to before me
This 13 day of , 2008.
Notary Public 1f6/2rd
My Commission Expires: %yJa i4 o?D/o2
Do not pay from Affidavit, an invoice will be sent
RECEIVED
AUG 142008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
V nY°onmum nV. Or0£
AN ORDINANCEOXIMA REZONING Y14.36 ES. PROPERTYWtM11e
DESCRIBED IN REZONING PETITION RZN 08-3027.
THE APPRHEAST COY NER6 F MOS, LOCATED RTANE SSALEM RO CO FROM R MOUNT CDMFOALAND SALEM ROAD FROM flCRE RESIDENTIAL
SINGLELAGRI, 4 UNITS PER ACRE AND&A. AS.ARKANSAS
IDENTIAL P-1.ILTURALTO fl -ID. RESIDENTIAL
OFFICE AND P-1, INSTITUTIONAL -
EE IT ORDAINED EY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
mnmm-.
Section 1: That the zone classllication o/ the following described property is hereby changed as fol-
lows:
From RSF-4, Residential Single-Famly, 4 units per acre and P.A. Residential
Agricultural to Rd, Residential Office and P-1. Institutional as shown on Exhibits'A'
and'Battached 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 Nis 5th day at August. 2009.
APPROVED: ATTEST:
By: By:
DAN GOODY, Mayor SONDRA E. SMITH, City Cl•rk/Masvnr
Exhibit A is a map and may be viewed in the office of the City Clerk/Treasurer during normal busi-
ness hours.
EXHIBIT'S'
RZNOS-3027
LEGAL DESCRIPTION: (TRACT 1 RSF-4 TO R -O)
A PART OF THE NW 1/4 OF THE SWIM OF SECTION 6. T16N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND GEEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF
SAID NW1/4, SWI/4 THENCE N89°52'33 -W 210.00 FEET, THENCE SOUTH 4250 FEET TO THE
P.O.B., THENCE SOUTH 234.66 FEET THENCE WEST 410.02 FEET, THENCE NORTH 235.55 FEET,
THENCE S89°52'33'E 410.02 FEET TO THE P.O.B.; CONTAINING 2.21 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD.
LEGAL DESCRIPTION: (TRACT 2 RSF-4 and R -A TO P.1)
A PART OF THE NW1/4 OF THE SW1/4 OF SECTION 6, T16N, R3OW IN WASHINGTON COUNTY.
ARKANSAS AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE SE CORNER OF SAID
I NW114, SW1/4 THENCE N89°5934 -W 176.50 FEET. THENCE N00°0026E 27.76 FEET,. THENCE
4. ALONG A CURVE TO THE LEFT 264.77 FEET. SAID CURVE HAVING A RADIUS OF 215.00 FEET
AND A CHORD BEARING OF N35018'19 -W 248.35 FEET, THENCE N70033 -04-W 116.66 FEET,
THENCE ALONG A CURVE TO THE RIGHT 350.93 FEET. SAID CURVE HAVING A RADIUS OF
285.00 FEET AND A CHORD BEARING OF N35°1632 -W 329.16 FEET, THENCE NORTH 505.14
• FEET, THENCE EAST 620.02 FEET, THENCE SOUTH 1043.27 FEET TO THE PO.B.; CONTAINING
12.15 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
• RIGHTOF WAY OF RECORD.
c.. .. ..
RECEIVED
AUG 1 4 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE