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Home My WebLink AboutOrdinance 4133 FILED FOR RECORD 99 RPH 2 Pik 3 58 WASHMOT01j CO C, R K. HARIJESS i ORDINANCE N0. 413 3 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ98-21 FOR A PARCEL CONTAINING APPROXIMATELY 2.83 ACRES LOCATED AT 3061 VALERIE DRIVE, AS REQUESTED BY ROZAN OATES. 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 A- 1 Agricultural to R- 1 , Low Density Residential for the real property described in Exhibit "A" attached hereto and made a part hereof. Set. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. c PASSED AND APPROVED this _5ffi day of January 1999. }� APPROVED: f. . r F By:— /wg o�� •:.� ; / red Hanna, Mayor 1 ! r ATTEST: j Byl��` f � _� Heather Woodruff, City Clerk n � 9930 ,165 ORD4133 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ98-21 Part of the SEU4, SWUM of Section 19, T17N, R29W in Washington County, Arkansas and being described as follows: commencing at the NW comer of said SEU4, SWUM thence SO °25'W 60.00 Feet, thence East 24.50 Feet to the POB thence East 482.80 Feet, thence South 256. 14 Feet, thence West 482.68 Feet, thence N 0 °23'E 254.90 feet to the P.O.B., containing 2.83 acres more or less. � 9tO03 OIL 66 I1 ItelNleao W"3' , fal;"u Gicdr Sod Rx•obicia t1S0ptdOr for WOshrn.agton Coynty, Arkansas, do hereby apahrecord 04 41414010d hera4n ad the me nowdu recorded With the aaknewlcdgemant and certificate thereon In 900rd BOOk and 04@0 ae 041e4ted thereon. IN WITNZ$& WH�RCCr; I hava harsunto set my hand and affixed the Baal of said Court on the data Indi- catod hereon. Y:dhlaeh Harness Or I d;nrn and Ex-offlclo Recorder by IW17 — It low STATE OF ARKANSAS IP ' JAN 1 3 1999 County of Washington I ss. Fin tli DEPT . I , JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all v ; classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the ORDINANCE NO. 4133 publication, based upon the news value and service value it contains, that at percent of subscribers thereto have aid for their subscriptions AN ORDINANCE REZONING least fifty tf thb p p p THAT PROPERTY DESCRI- to the newspaper or Its agents Or through recognized news dealers over a BED IN REZONING PETITION I RZ98-21 FOR A PARCEL period of at least six months and that the said newspaper publishes an CONTAINING S LOCATED AT average of more than forty percent news matter. LY 2.63 ACRES LOCATED E- 3061 VALERIE DRIVE, AS RE- QUESTED BY ROZAN I fu er certify that the legal notice attached in the matter of OATES, ty 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAN- SAS: was published in the regular daily issue of said newspaper for Section 1 . That the zone classi- consecutive insertions aS OWS: fication of the following descri- bed property is hereby changed as follows: The first insertion on III ID day of 19 From A-1 Agricultural to R-7 , ( Low Density Residential for the I' real property. described in Ez- the second Insertion On the day of 19 hibit "A" attached hereto and made a pan hereof. the third insertion on the Section That the official zon- l. ., ing map of the City of Fayette- ville. Arkansas, is hereby the fourth insertion on the a Of 19 amended to reflect the zoning y change provided in Section I �,:•, above. PASSED AND APPROVED her/General Manager this 5th day of January, 199% 9 Cti APPROVED: I '• Sworn to and subscribed before me on this day of I:•;,'. By: Fred Hanna, Mayor /�'jy-'`'y/ i•: ATTEST: By: Heather Woodruff, City Clerk ; �Cathcrjjje atu, EXHIBIT "A" f ansa ,� Notary Public f" Notary public, State oArks 1 LEGAL DESCRIPTION FOR 4 Washington County 27105 RZ98-21 My Commission Expires: My 4 Commis Part of the SEI/4, SWUM of My ccccttccccccccccccccRccccc Section 19, T17N, R29W in Washington County, Arkansas I _ L and being described as follows: Fees for Printing.......................................................$ commencing at the NW corner : of said SE1/4, SW114 thence s0025'W 60.00 Feet, thence Cost of Proof.............................................................$ East 24.50 Feet to the POB thence East 462.80 Feet, thence South 256. 14 Feet. Total..........................................................................$ .J r. . thence West 4 .68 Feet, I• thence N0023'E 25544.90 leer to the POB., containing 2.83 acres more or less. I '. MICROETLMED STATE OF ARKANSAS J) A IN 1 Il 1912019 County of Washington Ss. G v-srF. DEP1 . I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the ORDINANCE NO. 4133 - - ' publication, based upon the news value and service value it contains, that at AN ORDINANCE REZONING 1 least fifty percent of the Subscribers thereto have paid for their subscriptions THAT PROPERTY DESCRI• to the newspaper or IIS agents or through recognized news dealers over a BED IN REZONING PETITION period of at least six months and that the said newspaper ' RZ98.21 . FOR . A; PARCEL Publishes an P CONTAINING APPROXIMATE- average of more than forty percent news matter. LY 2.83 ACRES LOCATED AT 3061 VALERIE DRIVE;:AS.RE- o TEsTE a Y ROZAN I fu er certifythat the legal notice attached in the matter of QUEST •i'u-S7P.d b,542' AAiy 1//.��IL�'\/yy� ///y1 '/j /t //g�� ////1��IMI U /jam BE IT, Y.: . :: bJ1lF' BE IT, ORDAINED BY THE CITY COUNCIL OF THE.C" - OF FAYETTEVILLE; ARKAN. SAS: rG, , =:-- :!i, . — — - was published in the regular daily issue of said newspaper for uon of lhetihe'mg Bassi• 6cation of Ina lonowing descd- consecutive insertions as ows: As fprop,@;tyy* hereby?ng, d as.fo1kniia ' wuo-aAA :nSse• roe The first insertion on the0QQLday of 19 From A;,1 Agricultural,to;R•1; Lov7 DenSlty„Residential:16i:the reit°property,oescdbed9n Es• the second insertion on the day of 19 hibit"A* attached hereteand made a part fiereoL,iE'"o;�. I :. v.. .. - the third insertion on the day of 19 — Section ycThat:the;otrdal'zon• is ing map of.the City of.Fayede`- Yille, Arkansas, , Is hereby the fourth insertion on the amended to reflect ilia zoning y change prdvided im Section.l abOve.li,i4N,4 t ' . r PASSE D 'ANDAPPROVED Sher/General Manager 'this 5th day of January,199gp•`i g ' APPROVED: 3D"v'� •IkAr3iA i I_ f5 •.,, .. ,. n.• ;:t-, Sworn to and subscribed before me on this day By:, Fred Hanna,Mayor- 1y `t By: Heather Woa0rb11,' Clty ,!C uv_ , - <,- ;;, • ,. •.t Y,... >, Cathet't . EXHIBIT ••A" ?, Not Public >, Notary public, State of Arkansas < LEGAL DESCRIPTION FOR \, Washington Countn'127105 'L RZ88.21' . • My Commission Expires: )X My C'anitntsslan =^=y- Pari the SE1/4; SWI/4 of IttccttttattttttCttctttttttttttt Section 19; oust , R29W in I _ Washington County, Arkansas and being described as follows: Fees for Printing.......................................................$ commencing at the NW corner of said SEI/4; SW1/4 thence _S0025'w 60.00 Feet: thence Cost of Proof............................................................I$ East 24.50 Feet to the POB thence East 482.80 Feet, I • CS5 thence South 256. 14 Feet, thence West 482.68 Feet. Total..........................................................................$ thence N0023'E 254.90 feet to the POB., containing 2.83 acres more or fess. i ' • t ' f=: D798-21,00 i V.B.1 MICROPRMED OA?D STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of January 5 , 1999 . FROM: Alett Little Planning Public Works Name Division Department ACTION REQUESTED : To approve rezoning request RZ98-21 for property located at 3061 Valerie Drive . The property is zoned A-1 , Agricultural and contains approximately 2 . 83 acres . The request is to change the zoning to R-1 , Low Density Residential . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Ac`o ti g n er Date ADA Coordinator Date Ci t Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission approved the request with a vote of 5-0 -0 . /a�0/ Cross Reference Diision He Date lL-Z/-�B tm Director ate New Item : Yes No Lv A istrat ' ve Services Date Prev Ord/Res# : D ' to y M or / Dat* Orig Contract Date : RZ 98-21,00 V.D.2 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: PLANNING DIVISION CORRESPONDENCE 501-575-8264 TO: Fayetteville Planning Commission Members THRU: Alett S. Little, City Planner FROM : Brent Vinson, Associate Planner DATE: December 14, 1998 RZ 98-21.00: Rezoning (Oates, pp 138) was submitted by Rozan Oates for property located at 3061 Valerie Drive. The property is zoned A- 1 , Agricultural, and contains approximately 2. 83 acres. The request is to change the zoning to R- 1 , Low Density Residential. RECOMMENDED MOTION: Staff recommends approval of the requested rezoning from A-1 to R- 1. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: December 14, 1998 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: BACKGROUND : The applicant requests rezoning of the property at 3061 Valerie Drive from A- 1 to R- 1 . The applicant desires the change in zoning to meet minimum lot sizes in order to request a lot split and plans to build a house on the lot to be created. The applicant currently owns the property and resides in the house existing on the property. The proposed lot split of this property will be the last split allowable on this property because there have been two prior splits. The current lot size (in excess of two acres) was necessary in order to meet the requiremnets of the A- 1 zone of two acres per single family dwelling unit and because sewer had no been previously available in that area. Planning Commission Meeting December 14, 1998 RZ98-21 Oates Page 6. 1 RZ 98-21 .00 V.133 The applicant wishes to create a lot west of the existing residence to build a new residence. The new residence would be a single family dwelling and would be 'consistent with other houses in the neighborhood. The applicant plans to reside in the new residence and sell the existing one. The terrain on the property is extremely hilly and rocky with much shrubby growth. Immature trees make up most of the vegetation. Erosion is evident through the proposed lot. The land slopes to the east and the surrounding lots are single family residential. ADJACENT LAND USE AND ZONING North: Single family residential, zoned A- 1 South: Single family residential, zoned A- 1 East: Single family residential, zoned A- 1 West: Single family residential, zoned R-0 INFRASTRUCTURE: Streets: Valerie Drive is considered a local street with a 60' R.O.W. Hillside Terrace, which runs along the west side of the property, is also a local street with a 60' R.O.W. Water: There is a 6" AC water main along the north and a 2" PVC water main along the west side of the property. Two fire hydrants exist near the west boundary of the property. Sewer: Sewer is available within 200' of the property's northwestern and southwestern corners. LAND USE PLAN: General Plan 2020 shows this area as Residential. § 161.04 DISTRICT R-1 : LOW DENSITY RESIDENTIAL. A. Purpose. The Low Density 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. Planning Commission Meeting December 14, 1998 RZ98-21 Oates Page 6.2 RZ 98-21.00 Ui A RZ 98.00-21 .00 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 rezoning proposed is consistent with the land use planning objectives, principles, and policies of the land use and zoning plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The zoning is justified and needed at this time to meet the goals of General Plan 2020 for infill development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning would not create or appreciably increase traffic danger and congestion. 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 slightly alter the population density but would not undesirably increase .the load on public services including schools, water, and sewer facilities. 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; Finding: It would be impractical to use the land for any of the uses permitted under its existing zoning classification because of the development of the surrounding properties into single family homes. 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 Planning Commission Meeting December 14, 1998 RZ98-21 Oates Page 6.3 RZ 98-21 .00 V.B.5 ROZAN OATES 3061 VALERIE DR. FAYETTEVILLE, AR 72703 November 20, 1998 City of Fayetteville Planning Commission 113 W. Mountain Fayetteville, AR 72701 To Whom It May Concern: I am requesting re-zoning of my property at 3061 Valerie Dr. , Fayetteville from Al to R1 . I wish to change the zoning which would enable me to obtain a lot split and build a house on the lot to be created. The property is owned by Rozan Oates who currently resides in the house on the said property . I wish to build a single family dwelling on the lot to be created. There would be no increase in traffic on the adjacent roads . The appearance of the purposed house would be consistent with other houses in the neighborhood. There would be no signs posted on the property . Than You, Rf9ates Planning Commission Meeting December 14, 1998 RZ98-21 Oates Page 6.4 PZ 9841 .00 , V.B,6 RZ98 . 00-21 . 00 - Oates - One Mile Diameter A-1 A F A-1 N O Z R-1 -0 R-2 R-0 C-1 A-1 A- C-1 R UCKL O R-0 R-0 A-1 R-2 0 cry STFRCI A-1 O R-2 R-1 -0 C-1 C-1 . ... . . . .. . . .............. --. . - . -. -A_�.... R-2 A-1 R-0 1000 0 1000 Feet N E S RZ 98-21 .00 V.B.7 RZ98 . 00-21 . 00 - Oates - Close up R-0 A-1 A-1 R-1 O A-1 J R-1 A-1 A-1 R-1 LL : 3 N 100 0 100 Feet E S