HomeMy WebLinkAboutOrdinance 5204 Doc ID : 012640510003 Tvoe : REL
Recorded : 12/31/2008 at 11 : 45 : 20 AM
Fee Amt : 825 . 00 Pace 1 of 3
Mashinoton Countv . AR
Bette Stamps Circuit Clerk
Flle2008_00040433
ORDINANCE NO, 5204
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-3147, FOR
APPROXIMATELY 7.20 ACRES, LOCATED AT 4081 AND
4084 CROSSOVER ROAD FROM R-A, RESIDENTIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE AND R-O, RESIDENTIAL
OFFICE.
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 R-A, Residential Agricultural to RSF-4, Residential
Single-Family, 4 units per acre and R-O, Residential
Office, 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.
PASSED and APPROVED this 16th day of December, 2008. ��,� .°��tY •OF'• Gp
APPROVED: ATTEST: 4AYET7EVILLE; E
By: By: t e'';riaT0_4, .
DAN COODY, Mayor SO DRA E. SMITH, City C erk/Treasurer
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EXHIBIT "B"
RZN 08-3147
R-A, Residential Agricultural to R-O, Residential Office
LEGAL DESCRIPTION:
PART OF SWI /4 OF THE SWIA OF SECTION 19, T17N, R29W, ALL IN WASHINGTON
COUNTY, ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SWIA, SWIA THENCE
N00010'35"W 983 .71 FEET, THENCE S89048122"E 260.79 FEET TO THE P.O.B., THENCE
S0001 1 '38"W 194.90 FEET, THENCE S5404015211E 341 .29 FEET TO THE WEST RIGHT OF
WAY LINE OF HIGHWAY #265, THENCE ALONG A CURVE TO THE RIGHT 15.73
FEET, SAID CURVE HAVING A RADIUS OF 1009.91 AND A CHORD BEARING OF
N24055'56"E 15 .73 FEET, THENCE N2502214316E 416.58 FEET, THENCE LEAVING SAID
WEST RIGHT OF WAY N89048'22"W 463 .00 FEET TO THE P.O.B. ; CONTAINING 2.70
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 units/acre
LEGAL DESCRIPTION :
PART OF SWI/4 OF THE SWIA OF SECTION 19, T17N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SWIA, SWI /4 THENCE
N00010'35"W 461 .25 FEET TO THE P.O.B., THENCE S89048'22"E 487.98 FEET TO THE
WEST RIGHT OF WAY OF HIGHWAY #265, THENCE ALONG SAID RIGHT OF WAY
ALONG A CURVE TO THE RIGHT 140.00 FEET, SAID CURVE HAVING A RADIUS OF
1009.91 FEET AND A CHORD BEARING OF N20030'52"E 139.89 FEET, THENCE
LEAVING SAID RIGHT OF WAY N54040'52"W 341 .29 FEET, THENCE N0001113811E
194.90 FEET, THENCE N89048'22"W 260.79 FEET, THENCE S000101351tE 522.46 FEET TO
THE P.O.B. ; CONTAINING 4.50 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
12/31 /2008 11 :45:20 AM
and recorded in Real Estate
File Number 2008- 040433
Bette Stamps - Cir t erk
by
RECEIVED
DEC 2 3 2008
q Yir^,,�n j'�^ {},� CITY OF FAYETTEVILLE
.0 rIMMaS DeMoCrat ' C5aZette CITY CLERK'S OFFICE
1111� • • 91 I 1101 Ll a
Northwest Arkansas Times
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 5204
December 20, 2008
Publication Charge : $ 112 .98
Signed :
Subscribed and sworn to before me
ThisaZday of 0,4t ,,,, heAA0 2008 .
Notary Public __— —1=4 �
My Commission Expires: .2ol.7.
' .Z H
Do not pay from Affidavit, an invoice will be sentGOMM•AA
v` " TARO ' N
W. 4, 0 Y'
tiroe. .
>bni co..
RECEIVED
DEC 2 3 2008
CITY OFFAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. 5204 i 1
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION LOCATED
AT
FOR APPROXIMATELY 7.20 ACRES, LOCATED AT 11
4081 AND 4084 CROSSOVER ROAD FROM R-A,
RESIDENTIAL AGRICULTURAL TO RSF4, RESI-
DENTIALSINGLE-FAMILY, 4 UNITS PER ACRE AND ARKANSAS
R-0, RESIDENTIAL OFFICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
' ARKANSA& j
Section 1: That the zone classification of the folkrwing described property is hereby changed as '
lows:
From R-A, Residential Agricultural to RSF-4, Residential Single-Family, 4 units per acre and P.O.
Residential Office, as shown On ExNbits 'A' and 'W allached hereto and made a pert hereof.
Section 2: That the official zoning map M the City of Fayetteville, Arkansas is hereby amended to
reflect the zoning change pmvlded in Section 1 above.
PASSED A11d APPROVED this 16th day of December, 2008.
APPROVED: ATTEST:
By: By:
DAN GOODY, Meyw SONDRA E. SMITH, City Cierk/IMAfunr
Exhibit -A- is a map and may be viewed in the once of the City Cteik/freasurer during normal busk
ness hours.
EXHIBIT'B'
RZN 08-3147
R-A, Residential Agricultural to R-O, Residential Office
LEGAL DESCRIPTION:
PART OF SW1I4 OF THE SW1/4 OF SECTION 19, T17N, R29W, ALL IN WASHINGTON COUNTY, i
ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT I
THE SW CORNER OF SAID SWI14, SWI/4 THENCE N005i0'35'W 983.71 FEET, THENCE
S89°4922'E 260.79 FEET TO THE P.O.B., THENCE 600°I1'38'60190 90 FEET, THENCE 554040.52-E
34129 FEET TO THE WEST RIGHT OF WAY LINE OF HIGHWAY 0265, THENCE ALONG A CURVE
! TO THE RIGHT 15.73 FEET, SAID CURVE HAVING A RADIUSOF 1009.91 AND A CHORD BEARING
OF N24.55'56-E 15.73 FEET, THENCE N25022'43'E 41658 FEE[ THENCE LEAVING SAID WEST '
RIGHT OF WAY NB9046'22'W 48300 FEET TO THE PO.B.; CONTAINING 2.70 ACRES MORE OR
LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
i
R-A, Residential Agricultural to RSF4. Residential SingleFamity, 4 unitslacre
{ LEGALDESCRIPTIOW
PART OF SW114 OF THE SW1/4 OF SECTION 19, T17N, A29W IN WASHINGTON COUNTY,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SW CORNER OF SAID SW1/4, SW1/4 THENCE N00°10'35`N 461.25 FEET TO THE ROB ,
r THENCE S89°48'221E 487.98 FEET TO THE WEST RIGHT OF WAY OF HIGHWAY $265. THENCE '
j ALONG SAID RIGHT OF WAY ALONG A CURVE TO THE RIGHT 140.00 FEET, SAID CURVE HAV,
j ING A RADIUS OF 1DO9 91 FEET AND A CHORD BEARING OF N20'60'S2'E 139.89 FEET, THENCE
4 LEAVING SAID RIGHT OF WAY N54'40'5ZW 341.29 FEET, THENCE N00°71'38'E 194.90 FEET,
THENCE N89°48'22W 260.79 FEET, THENCE SDO°10'35'E 522.46 FEET TOCOMAIN-
ING 4.50 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAV OF RECORD.
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements fA , /
12/16/2008
City Council Meeting Date
�yp Agenda Items Only
Jeremy Pate` Planning Operations
Submitted By Division Department
Action Required:
RZN 08-3147: (Naples/Crossover, 1387 Submitted by Jorgensen & Associates for property located at 4081 and
4084 Crossover Road. The property is zoned R-A, Residential Agricultural, and contains approximately 7.2 acres.
The request is to rezone the subject property to RSF-4, Residential Single-Family, 4 units per acre, and to R-O,
Residential Office.
Cost of this request Category / 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
0B Previous Ordinance or Resolution #
Department Director Date
cc Original Contract Date:
Original Contract Number:
City Attorney Date
Received in City
7P. 1_ 6a Clerk's Office
Finance and Internal Service Director Date
Received in
i
Mayor's Office
Mayor I Date
Comments:
Revised April 16, 2007
City Council Meeting of December 16, 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
Date: November 25, 2008
Subject: Rezoning for Naples (RZN 08-3147)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from R-A, Residential Agricultural to RSFA, Residential Single-Family, 4 units/acre and
R-O, Residential Office located at 4081 and 4084 Crossover Road.
BACKGROUND
The subject property is located on Crossover Road, south of the Zion/Crossover Road
intersection and the Youth Bridge facility, a youth counseling center. The 7.2 acre
property contains two existing single-family structures. On November 1 , 2007, the
Subdivision Committee approved the applicant's request (LSP 07-2772) to divide the
property into Lots 1 and 2 of 2.72 and 4.48. acres respectively, contingent upon City
Council approval of a rezoning request for Lot 2, as the created lot does not meet the
frontage requirements of the R-A zoning,district.
The applicant proposes to rezone Lot 2 (4.5 acres) from R-A, Residential Agricultural to
RSFA, Residential Single-Family, 4 units/acre, in order to bring the property into
compliance with the bulk and area requirements and to record the approved lot split.
Upon staff's recommendation, the applicant also proposes to rezone Lot 1 (2.27 acres)
from R-A; Residential Agricultural to R-O, Residential Office, as this lot is intended to
accommodate an expansion of the existing Youth Bridge facility.
Staff finds in favor of the zoning request, finding that the proposed zoning would be
compatible with adjacent zoning, existing and approved surrounding developments, and
the future land use plan to provide low intensity nonresidential uses to serve the
surrounding residential uses. The R-A zoning district requires a minimum of 200 feet of
street frontage for one single-family dwelling. For this property, containing 2 single-
family dwellings, a minimum of 400 feet of street frontage is required. Rezoning Lot 1 to
R-O and Lot 2 to RSFA will allow the property owner to record the approved lot split
plat, expand an existing and compatible public health facility serving the community, and
continue to utilize Lot 2 as low-density, single-family residential. Staff also finds that this
undeveloped property, with frontage on a Principal Arterial Parkway carrying high
volume and relatively high speed traffic, is more appropriate to be used for a higher
intensity use instead of the currently designated low-density/agricultural use.
City Council Meeting of December 16, 2008
Agenda Item Number
DISCUSSION
This item was heard at the regular Planning Commission meeting on November 10, 2008.
The Planning Commission voted 8-0-0 to forward 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 08-3147, FOR
APPROXIMATELY 7.20 ACRES, LOCATED AT 4081 AND
4084 CROSSOVER ROAD FROM R-A, RESIDENTIAL
AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE AND R-O, RESIDENTIAL
OFFICE.
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 R-A, Residential Agricultural to RSF-4, Residential
Single-Family, 4 units per acre and R-O, Residential
Office, 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.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"{ 4 R
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EXHIBIT "B"
RZN 08-3147
R-A, Residential Agricultural to R-O. Residential Office
LEGAL DESCRIPTION:
PART OF SWI /4 OF THE SWI/4 OF SECTION 19, T17N, R29W, ALL IN WASHINGTON
COUNTY, ARKANSAS; AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SWI /4, SWIA THENCE
N00010'35"W 983 .71 FEET, THENCE S8904812211E 260.79 FEET TO THE P.O.B., THENCE
S0001 1 '38"W 194.90 FEET, THENCE S54040'5211E 341 .29 FEET TO THE WEST RIGHT OF
WAY LINE OF HIGHWAY #265, THENCE ALONG A CURVE TO THE RIGHT 15.73
FEET, SAID CURVE HAVING A RADIUS OF 1009.91 AND A CHORD BEARING OF
N24055'56"E 15.73 FEET, THENCE N2502214311E 416.58 FEET, THENCE LEAVING SAID
WEST RIGHT OF WAY N89048'22"W 463 .00 FEET TO THE P.O.B.; CONTAINING 2.70
ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
R-A, Residential. Agricultural to RSF-4, Residential Single-Family, 4 units/acre: ' :
LEGAL DESCRIPTION:
PART OF SWI /4 OF THE SWI/4 OF SECTION 19, TI 7N, R29W IN WASHINGTON : .
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS ,
FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SWI /4, SWIA THENCE
N00010'35"W 461 .25 FEET TO THE P.O.B., THENCE S89048'22"E 487.98 FEET TO THE
WEST RIGHT OF WAY OF HIGHWAY #265, THENCE ALONG SAID RIGHT OF WAY
ALONG A CURVE TO THE RIGHT 140:00 FEET, SAID CURVE HAVING A RADIUS OF
1009.91 FEET AND A CHORD BEARING OF N20030'52"E 139.89 FEET, THENCE
LEAVING SAID RIGHT OF WAY N54040'52"W 341 .29 FEET, THENCE N00° 11 '38"E
194.90 FEET, THENCE N89048'22"W 260.79 FEET, THENCE S00°10'35"E 522.46 FEET TO
THE P.O.B.; CONTAINING 4.50 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
Tayet" PC Meeting of November 24, 2008
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Dara Sanders, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: November 10, 2008 Updated November 25, 2008
RZN 08-3147: (NAPLES / CROSSOVER, 138): Submitted by JORGENSEN & ASSOC for
property located at 4081 AND 4084 CROSSOVER ROAD. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 7.20 acres. The request is to rezone
the subject property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and R-O,
Residential Office.
Planner: Dara Sanders
BACKGROUND:
Property Description and History: The subject property is located on Crossover Road, south of the
Zion/Crossover Road intersection and contains approximately 7.2 acres. There are two existing
single-family structures at the west side of the property.
In 2007, the applicant submitted a request to divide the subject property into Lots 1 and 2 of 2.72 and
4.48 acres, respectively, leaving the two existing single-family dwellings on Lot 2. On November 1 ,
20071 the Subdivision Committee approved the applicant's request (LSP 07-2772) contingent upon
City Council approval of a rezoning request for the property, as the created Lot 2 does not meet the
frontage requirements of the R-A zoning district. In October of 2008, the Planning Division
approved a one year extension of the lot split approval
SURROUNDING LAND USE AND ZONING:
Land Use Zoning
North Commercial RMF-24, Residential Multiple-Family, 24 units/acre,
R-O, Residential Office
East Residential RMF-24, Residential Multiple-Family, 24 units/acre
West, South Residential R-A. Residential , Agricultural
Proposal: The applicant proposes to rezone Lot 2 from R-A, Residential Agricultural to RSF-4,
Residential Single-Family, 4 units/acre, in order to bring the property into compliance with the bulk
and area requirements and to record the approved lot split. Upon staff' s recommendation, the
applicant also proposes to rezone Lot 1 from R-A, Residential Agricultural to R-O, Residential
Office, as this lot is intended to accommodate an expansion of the existing Youth Bridge facility, a
youth counseling center that offers out-patient therapy and emergency shelter for juveniles, located to
K:IReports110081PC Rrmei.021-N'overnher 141R .V 08-3147 (Nap(es).doe