HomeMy WebLinkAboutOrdinance 5404 Doe 1D: 014033680003 Type: REL
Kind: ORDINANCE
Recorded: 05/24/2011 at 01:20:03 PM
Fae Amt: 525.00 Paae 1 of 3
Mashlnaton County. AR
9stte Stamos Clrcult Clerk
F11e2011-00014306
ORDINANCE NO. 5404
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3777, FOR APPROXIMATELY 4.86 ACRES,
LOCATED AT 2143 NORTH RUPPLE ROAD FROM RSF-1, RESIDENTIAL
SINGLE-FAMILY, 1 UNIT PER ACRE TO 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 RSF-1, Residential Single-Family, 1 unit per acre to 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 3'd day of May, 2011.
APPROVED: ATTEST:
By: ���-•By: &ao(l � . �Mht
IOALD JO , Mayor SONDRA E. SMITH, City ClerkrFreasurer
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EXHIBIT "A"
RZN11-3777 DAU G H ERTY
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= SUBJECT PROPERTY
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Legend
M.RZN11-3777
Mutl-Use Trail (Existing) ••`� ;
- Future Tralls RPZD
. l,Footprints 2010 .
- Hillside-Hilltop Ov, rlay District
Design Overlay Di trict
Design Overlay Di trict
------ Planning Area
0 125 250 500 750 1.000
Fayetteville Feel
EXHIBIT "B"
RZN 11-3777
EXISTING LEGAL DESCRIPTION:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
NORTHWEST CORNER OF THE HAMSTRING CREEK BRIDGE, WHICH IS 436.26'
SOUTH AND 655.38' WEST OF THE NORTHEAST CORNER OF SAID FORTY ACRE
TRACT,AND RUNNING THENCE S76°20'W 151.80'TO A FENCE ON THE NORTH SIDE
OF HAMSTRING CREEK; THENCE WITH THE FENCE S71021'W 307.56' TO A CROSS
FENCE BEING ON THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE NORTH
ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 374.88' TO A POINT 214.5'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE
CONTINUING NORTH ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 89.76'
TO THE CENTERLINE OF THE MT. COMFORT ROAD, SAID POINT BEING 124.74'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE IN
AN EASTERLY DIRECTION WITH THE CENTERLINE OF SAID ROAD TO A POINT
WHICH IS 623.70' EAST AND 161.70' SOUTH OF THE NORTHWEST CORNER OF SAID
FORTY ACRE TRACT, THENCE IN A SOUTHERLY DIRECTION WITH THE WEST LINE
OF THE COUNTY ROAD TO THE POINT OF BEGINNING, CONTAINING 4.86 ACRES,
MORE OR LESS.
Washington County,AR
I certify this instrument was filed on
05/24/2011 01:20:03 PM
and recorded in Real Estate
File Number 2011.00014306
Bette Stamps-Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/3/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3777: (2143 North Rupple Road/Daugherty, 361): Submitted by Bates &Associates for property located at
2143 North Rupple Road. The property is zoned RSF-1, Residential Single-Family, 1 Unit per acre and contains
approximately 4.86 acres. The request is to rezone the subject property 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
_111B,>/,01 sCr.,ml Previous Ordinance or Resolution#
Department Director Date
Original Contract Date:
Original Contract Number:
Cily Attorney I nn Date
�a Jl 0. Ihl ..41, - i ,- 1 1PO1 42
Finance and Internal Services Director Date Received in City
Clerk's Office
Chief of St Date E
Received in
Mayor's Office
Ma r to /
Comments:
Revised January 15,2009
ayerLqdo
e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: April 14,2011
Subject: RZN 11-3777 (2143 Rupple Road/Daugherty)
RECOMMENDATION
Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RSF-1,
Residential Single Family One Unit Per Acre to R-O, Residential Office.
BACKGROUND
The subject property is located at the southwest corner of Mount Comfort Road and Rupple Road and is developed
with two warehouse structures totaling approximately 20,000 square feet that were constructed in 1955 according to
the Washington County Assessor's office. Hamestring Creek and its associated floodplain runs east to west along the
southern portion of the property.
The site has access to Rupple Road and Mount Comfort Road. Rupple Road is an unimproved two lane city street in
this location. Mount Comfort Road is also an unimproved paved two lane city street along the northern property line.
The City improvements for Mount Comfort have been completed just east of this property. Mount Comfort Road is
designated as a Minor Arterial Roadway and Rupple Road is identified as a Principal Arterial Parkway. However,
the Master Street Plan identifies that Rupple Road will be eventually realigned to the east of this site, to line up in a
four-way intersection with the existing signal at Mount Comfort Road/Salem Road. After the realignment of Rupple
Road, the existing road adjacent to the eastern border of this site would likely remain as a local street, with this
street's odd `Y' intersection with Mount Comfort being converted into a typical `T' intersection. The applicant has
indicated to staff that that they do not have any immediate development plans for the site but would like to be able to
market the property for non-residential uses.
DISCUSSION
On April 11, 2011 the Planning Commission forwarded this item to the City Council with a recommendation for
approval with a vote of 6-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3777, FOR
APPROXIMATELY 4.86 ACRES, LOCATED AT 2143 NORTH
RUPPLE ROAD FROM RSF-1, RESIDENTIAL SINGLE-
FAMILY, 1 UNIT PER ACRE TO 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 RSF-1, Residential Single-Family, 1 unit per acre
to 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 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN 11-3777 DAU GH ERTY
Close Up View
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STONI 0 1
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MOSSY ROCK DR
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SUBJECT PROPERTY
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Legend
O RZN11-3777 ,•'
........ Muti-Use Trail (Existing) ,•'•
t
Future Trails RnzD f•
Wootprints 2010
- Hillside-Hilltop Overlay District
Design Overlay Di Wict
Design Overlay Di trict
---- Planning Area
Fayetteville
0 ze 250 500 750 00
e8l
EXHIBIT "B"
RZN 11-3777
EXISTING LEGAL DESCRIPTION:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST,AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
NORTHWEST CORNER OF THE HAMSTRING CREEK BRIDGE, WHICH IS 436.26'
SOUTH AND 655.38' WEST OF THE NORTHEAST CORNER OF SAID FORTY ACRE
TRACT, AND RUNNING THENCE S76°20'W 151.80' TO A FENCE ON THE NORTH SIDE
OF HAMSTRING CREEK; THENCE WITH THE FENCE S71°21'W 307.56' TO A CROSS
FENCE BEING ON THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE NORTH
ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 374.88' TO A POINT 214.5'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE
CONTINUING NORTH ALONG THE WEST LINE OF SAID FORTY ACRE TRACT 89.76'
TO THE CENTERLINE OF THE MT. COMFORT ROAD, SAID POINT BEING 124.74'
SOUTH OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, THENCE IN
AN EASTERLY DIRECTION WITH THE CENTERLINE OF SAID ROAD TO A POINT
WHICH IS 623.70' EAST AND 161.70' SOUTH OF THE NORTHWEST CORNER OF SAID
FORTY ACRE TRACT, THENCE IN A SOUTHERLY DIRECTION WITH THE WEST LINE
OF THE COUNTY ROAD TO THE POINT OF BEGINNING, CONTAINING 4.86 ACRES,
MORE OR LESS.
Planning Commission
April 11, 2011
Page I of I
RZN 11-3777: Rezone (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by BATES AND
ASSOCIATES for property located at 2143 NORTH RUPPLE ROAD. The property is zoned RSF-1,
RESIDENTIAL SINGLE FAMILY- 1 UNIVACRE and contains approximately 4.57 acres. The request is to
rezone the subject property to R-O,RESIDENTIAL OFFICE.
Dara Sanders,Current Planner,gave the staff report discussing the property setting and staff's recommendation
for approval.
Geoff Bates, applicant,stated that he was available for questions.
No public comment was presented.
Commissioner Winston discussed that he was glad that staff and the applicant had worked out issues prior to
the Planning Commission meeting(referring to staff's recommendation to the applicant to change their original
rezoning request from C-1,Neighborhood Commercial).
Motion:
Commissioner Winston made a motion to forward the item to the City Council with a recommendation for
approval.Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-
0.
•
aye evl e PC Meeting of April 11, 2011
AnRAN5A5
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 Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: ^^ Wit = Updated April 14, 2011
RZN 11-3777: Rezone(2143 N.RUPPLE RD./DAUGHERTY,361): Submitted by BATES AND
ASSOCIATES for property located at 2143 NORTH RUPPLE ROAD. The property is zoned RSF-
1,RESIDENTIAL SINGLE FAMILY- 1 UNIT/ACRE and contains approximately 4.86 acres. The
request is to rezone the subject property to R-O, RESIDENTIAL OFFICE.
Planner:Andrew Gamer
BACKGROUND:
The subject property is located at the southwest corner of Mount Comfort Road and Rupple Road
and is developed with two warehouse structures totaling approximately 20,000 square feet that were
constructed in 1955 according to the Washington County Assessor's office. Surrounding land uses
and zoning are shown in Table 1. Hamestring Creek and its associated floodplain runs east to west
along the southern portion of the property.
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Cemetery; Single family RSF-1, Residential Single Family 1 unit/acre; RSF-
residential 4, Residential Single Family 4 units/acre
South Rural residential RSF-1, Residential Single Family 1 unit/acre;
East Rural/pasture RSF-1, Residential Single Family 1 unit/acre;
West Rural/pasture R-A, Residential Agricultural
Proposal: The applicant has submitted an application to rezone the property from RSF-1,
Residential Single Family One Unit Per Acre to R-O, Residential Office.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding RZN 11-3777 to the City Council with a recommendation of approval
based on findings stated herein.
G:\ETC\Development Services Review\201 l\Development Review\11-3777 RZN 2143 N Rupple Rd
(Daugherty)\03 Planning Commission\04-11-11\Comments and Redlines
PLANNING COMMISSION ACTION: Required YES
Date: 04-11-11 ❑ Approved X Forwarded ❑ Denied
Motion: Winston Second: Chesser Vote: 6-0-0
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Rupple Road and Mount Comfort Road. Rupple Road is an
unimproved two lane city street in this location. Mount Comfort Road is also an
unimproved paved two lane city street along the northern property line. The City
improvements for Mount Comfort have been completed just east of this property.
Street improvements to this site will be evaluated at the time of development.Mount
Comfort Road is designated as a Minor Arterial Roadway and Rupple Road is
identified as a Principal Arterial Parkway.However,the Master Street Plan identifies
that Rupple Road will be eventually realigned to the east of this site, to line up in a
four-way intersection with the existing signal at Mount Comfort Road/Salem Road.
After the realignment of Rupple Road, the existing road adjacent to the eastern
border of this site would likely remain as a local street, with this street's odd `Y'
intersection with Mount Comfort being converted into a typical `T' intersection.
Water: Public water is available to the property. There is 6"water main on the east side of
Rupple Road and an 8" main running through this property. Public water main
improvements may need to be extended to the property to provide domestic and fire
flow for any proposed development.
Sewer: Sanitary sewer is not available to the site. There is a 15"public main located along
creek on the adjacent property to the south. Public mains will need to be extended
through the property to serve any proposed development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is affected by the 100-year floodplain and the
Streamside Protection Zones associated with Hamestring Creek.
Police: The Fayetteville Police Department has not objected to this request.
Fire: The Fayetteville Fire Department has not objected to this request.
GAEMDevelopment Services Review\2011\Development Review\11-3777 RZN 2143 N Rupple Rd
(Daugherty)\03 Planning Commission\04-11-11\Comments and Redlines