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Home My WebLink AboutOrdinance 4164 FILED FOR RECORD 999 1�'!IN 24 P17 1 30 4164 WASHINGTON CO AR ORDINANCE NO, K. HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ99-9 FOR A PARCEL CONTAINING APPROXIMATELY 5.45 ACRES LOCATED AT 1755 AND 1939 HOOT OWL LANE, AS REQUESTED BY ALAN REID ON BEHALF OF GRETA SMITH. 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. 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 1 Ra' day of May 1999. APPROVED: Fred Hanna, Mayor By: -� Heather Woodruff, City C 9905'7316 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ99-9 A PART OF THE EAST HALF (El/2) OF THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION TWENTY-FOUR (24), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31 ) WEST, DESCRIBED AS BEGINNING AT A POINT 924 EAST AND 330 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4); THENCE SOUTH 793 FEET; THENCE S41015'W 76 FEET; THENCE S53 °28'W 64 FEET; THENCE S54 ° 15'W 61 FEET; THENCE S78041'W 51 FEET; THENCE S59000'W 58 FEET; THENCE S63 ° 12'W 28 FEET; THENCE NORTH 990 FEET; THENCE EAST 264 FEET TO THE POINT OF BEGINNING, CONTAINING FIVE AND ONE-HALF (5 1/2) ACRES, MORE OR LESS. 99057317 FAYETTEVILLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To : Janet Strain, Planning File Clerk From: Heather Woodruff, City Clerk Date: May 24, 1999 Attached is a copy of the Ordinance rezoning RZ 99-9 for your records. Please distribute a copy to your CAD draftsman to update your rezoning map. The original will be filed with the county, then microfilmed and filed with the city clerk. CC. Clyde Randall, Engineering Ed Connell, Engineering File 99057318 I, �9ftiIdPR fdgkien8� r',Irri7(i �igib Fwd EK•oKale ,order for Washington County, Arkansas, do hereby cndify that this inptrunent was filed for record in my office no ind natpd h@reon and the same is now duly recnrded W(th the acknowledgomanl and certificate thotoon In 19ecord Donk and Page an Infteled c,omon. IN WITNu93 V%1HRMFQA, I have hereunto set my herd and vTgd the 6o°.I of said Court on the date indi. ca! ahctro,k. K.3 Won Himaiia Ci.G:fl Cle.x rnd ek• fip!n Reeardar ov �xz � MICROPTLMED STATE OF ARKANSAS JUN O 7 1999 County of Washington Iss. 9NANCE UK% I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class ORDINANCE NO. 4164 mailing privilege, and being not less than four pages of five columns each, AN ORDINANCE REZONING published at a fixed place of business and at fixed (daily) intervals THAT PROPERTY DESCRI- Continuously In the City Of Fayetteville, County of Washington, Arkansas for BED IN REZONING PETITION RZ99-9 FOR A PARCEL CON- more than a period Of twelve months, circulated and distributed from an TAIN5.45 AC APPROXIMATELY established lace of business to subscribers and readers generally of all 5.45 ACRES LOCATED AT p g y 1755 AND 1939 HOOT OWL classes in the City and County for a definite price for each copy, or a fixed LANE, AS REQUESTED BY ALAN REID ON BEHALF OF price per annum, which price was fixed at what is considered the value of the GRETA SMITH. publication, based upon the news value and service value it contains, that at BE IT ORDAINED BYTHE least fifty percent of the subscribers thereto have paid for their subscriptions CIT1' COUNETTEVI LE to the newspaper or its a agents or through recognized news dealers over a CIT C UNCIL FTHE, 9 9 09 ARKANSAS: period of at least six months and that the said newspaper publishes an Sect on 1 . That the zone classi- average of more than forty percent news matter. fication of the following descri. bed property is hereby changed as follows: I further c ify that the legal notice attached in the tter of , From A-1 , Agricultural, to R-1 , Low Density Residential for the (jW'ej712W& j� real property described in Ex- hibit 'A' attached hereto and / made a pan Hereof. was published in the regular daily issue of said newspaper for / Section 2. That the official zon- consecutive insertions as fo S: Ing map of the City of Fayette. villa, Arkansas, is hereby 9 amended to reflect the zoning The first insertion on the day of 19 - change provided in Section 1 above. PASSED AND APPROVED the second insertion on the day of 19 this 18th day of May ' 1999. the third insertion on the day of 19= APPROVED: the fourth insertion on the ay of 19 By: — Fred Hanna. Mayor ATTEST; U Uer/General Manager By: Heather Woodruff, City Clerk Sworn to and subscribed before me on this ay of EXHIBIT "Am 19 LEGAL DESCRIPTION FOR RZ99-9 !!!! !!! !!! ! ! !! !!! - A PART OF THE EAST HALF � (EI12) OF THE SOUTHWEST 1 Notary Wu Iic. $IBteof Arkansas ; Notary Public QUARTER (SW1/4) OF THE Washington SOUTHEAST QUARTER gl County r (SEI/4) OF SECTION TWEN- My Commission EXplres1 r TY-FOUR (24), TOWNSHIP ((«(((((CC<(t(C<«(<(C((CK(C(C<(I( SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31 ) WEST, DESCRIBED AS BE- GINNING AT A POINT 924 Fees for Printing.......................................................$ EAST AND 330 FEET SOUTH OF THE NORTHWEST COR- NER QUARTER. SUCost of Proof................................................... $ NEROF SOUTHWEST THE HE SOU OF THE •••••••••• /1 SOUTHEAST QUARTER ET; THENCE S41 15'W 76 THENCE SOUTH 793 FEET; Total..........................................................................$ F FEET; THENCE S53 28'W 64 FEET; THENCE S54 15'W 61 FEET; THENCE S78 41 'W 51 FEET; THENCE S59 00'W 58 FEET; THENCE S63 12'W 28 FEET; THENCE NORTH 990 FEET; THENCE EAST 264 FEET TO THE POINT OF BE- GINNING, CONTAINING FIVE AND ONE-HALF (5 1/2) ACRES, MORE OR LESS. a�A STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of May 18 , 199m rCIJLCI(DPY L A4 � FROM : (' ll Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZ99-9 submitted by Alan Reid on behalf of Greta Smith for property located at 1755 and 1939 Hoot Owl Lane . The property is zoned A-1 . Agricultural , and contains approximately 5 . 45 acres . , The request is to rezone the property 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 unto g M na er Date ADA Coordinator Date N C ' y Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission recommended to City Council that the rezoning be approved with a unanimous vote of 8 -0- 0 . Commissioner Estes was not present . -So - Cross Reference D ision He ,.Date � ar, ' rector J tie L New Item : Yes No Adminis ative Services Date Prev Ord/Res# : Direct Mayor Orig Contract Date : Planning Commission Minutes April 26, 1999 Page 11 RZ99-9: REZONING SMITH, pp595 This item was submitted by Alan Reid on behalf of Greta Smith for property located at 1755 and 1939 Hoot Owl Lane. The property is zoned A- 1 , Agricultural, and contains approximately 5 .45 acres. . The request si to rezone the property to R- 1 , Low Density Residential. Alan Reid was present on behalf of the request. Commission Discussion Reid: I am representing Greta Smith to help her try and get through the rezoning process and allow her to split her land into 2 tracts under R- 1 zoning. Johnson: This area is off Highway 62 West in the direction of Farmington and it's behind the Ozark Mountain Smokehouse. Public Comment None. MOTION Ms. Hoffman made a motion to approve RZ99-9 subject to staff comments. Mr. Forney seconded the motion. Johnson: Be aware that our action regarding rezoning is a recommendation to the City Council which must pass an ordinance to rezone the property. Roll Call Upon roll call, the motion with a unanimous vote of 8-0-0. RZ99-9 . 00 Smith - Close Up 0 0 � R-2 R-0 R 0 A-1 0 0 A. �] O�'RK H ❑ A- j O R-1 ❑ 0O x A-1 LU O= A-1 M: A-1 w O 2 U) ❑ p _ City Limits N 300 0 300 Feet E S RZ99400 - Smith - One Mile Diameter 1 I DPA R-1 1 Al R-2 1 - C2 - - 1 G2 1 0, 62 1 � Al R-0 Al 1 a, I HAH HEW R-1 -1 A-1 A-1 I - - - - - - - - - - - - - - - - 1 1 1 a1 I 1 1400 0 1400 Feet N E S 60 0 60 120 180 GRAPHIC SCALE — FEET s }/4 'W 924.00• N89'47.21 'E 385.07' 264.00' FO WA STONE NE CORNER SWI/4,$V/4 SECTON 24 T- IB-N, R-31 -W 3 / : $n $00018'32'E $6! 330.00' N 31 ' 238.54• 1 N88"A'24'W 108_M' 1 16664-000 n , o � - 1 ' 6 _ 1 1 i AWN. i `ne 1 R•1 L0T5 ^ � S C R.1 3 amw 1 1 ppE Shp � 1 1 S8D']8'I I'E P.O.S. OVIT CLAN pmµ I � DESCRIPTION �RDJVSTED LWE .O.& ACCESS EASEMENT - - - - — P a PA& a2 ort e' WUWLD .S RUTH 8 r PARCEL0 765-16301-000 e/ ff DEED BOOK 93-19580 , � A-1 61out PARENT TRACT (CRETA SMITH QCD 95-047463 ) . n A PART OF THE EAST HALF (Ey) OF THE SOUTHWEST QUARTER ( SW> ) OF THE 3—E - - — IB&19•� SOUTHEAST QUARTER OR%) OF SECTION TWENTY-POUR (24 ) , TOWNSHIP SIXTEEN i� ( 16)- NORTH, RANGE THIRTY-ONE ( 31 ) WEST, DESCRIBED AS BEGINNING AT A �WNE 0 POINT 924 EAST AND 330 FEET SOUTH OF THE NORTHWEST CORNER OF THE Ywa il-• SOUTHWEST QUARTER (SW; ) OF THE SOUTHEAST QUARTER (SES ) ; TRENCH SOUTH 793 c4touND 1 FEET; THENCE S41015 'W 76 FEET; THENCE 353. 28•W 64 FEET; THENCE S54* 15*W 61 FEET; THENCE S78 . 41/W 51 FEET: THENCE 359000'W 58 FEET; THENCE S63012 'W 28 FEET; THENCE NORTH 990 FEET; THENCE EAST 264 FEST TO THE POINT OF BEGINNING, CONTAINING FIVE AND ONE-HALF ( 5}) ACRES, MORE OR 1 LESS. 1 IPµ66 y A PT CLAIM TO _T ART OF THE SA HALF (E0INER TO HORTH THE SOUTHWEST QUARTER (SWC ) OF THE a SOUTHEAST QUARTER (SB% ) OF SECTION TWENTY-FOUR ( 24 ) . TOWNSHIP SIXTEEN a� 3j ( 16) NORTH, RANGE THIRTY-ONE ( 31 ) WEST, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT; THENCE N89' 47021"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 264.00 FEET; THENCE S00*18r32"E 330 .00 FEET TG THE TRUE POINT OF 1 BEGINNING; THENCE S00*18 ' 32"B 26. 27 FEET TO A SET IRON; THENCE 1 K N89' 39004"W ALONG THE SOUTH LINE OF LOT NUMBERED SIX ( 6 ) OF HUDGENS ADDITION, PAYBTTEVILLE• ARXANSAS, 264 . 02 FEET TO A SET IRON ON THE WEST wLINE OF SAID 20 ACRE TRACT; THENCE N00 *18P32"W ALONG THE WEST LINE OF SAID 20 ACRE TRACT 23 . 67 FEET; THENCE N89* 47021"E 264 . 00 FEET TO THE POINT OF BEGINNINGI CONTAINING 0 . 15 ACRES, MORE OR LESS. 1 N W TRACT 2 r TRACT 11 (PROPOSED SPLIT) 4.05 ACRES 1 A PART OF THE EAST HALF (Ek ) OF THE SOUTHWEST QUARTER (SIA ) OF THE 1 SOUTHEAST QUARTER (SEN ) OF SECTION TWENTY-FOUR (24 ) • TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY-ONE ( 31 ) WEST, BEING MORE PARTICULIRY DESCRIBED 0 AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID 20 ACRE TRACT' THENCE N89 . 47021"E ALONG THE NORTH LINE OF SAID 20 ACRE TRACT 264 .00 cl O FEET; THENCE 500. 18 . 32"B 356 . 27 FEET TO A SRT IRON; TRENCE N89"8 ' 4�"W .11 F 25 . 00 FEET TO A SET IRON FOR THE :RUE POINT OF BEGINNING: `F7QCF.