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Home My WebLink AboutOrdinance 4196 FILED FOR RECORD 099 DEC 9 Pik 1 35 WASHINGTON CO AR ORDINANCE NO. 4196 K. HARNESS AN ORDINANCE REZONING THAT PROPERTY'bMNdhED t IN REZONING PETITION RZ99-30 FOR A PARCEL CONTAINING APPROXIMATELY 2.36 ACRES LOCATED AT 1854 S . GARLAND AS REQUESTED BY AUSTIN SCHADER. 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: RZ99-30 for the real property described in Exhibit "A" attached hereto and made a part hereof. From I-1 , Heavy Commercial/Light Industrial, to R-2, Medium Density Residential. Section2. 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 2' day of November 1999. APPROVED: By: /w4t// F ed Hanna, Mayor ATTEST: By: �j:ct Heather Woodruff City Cl� Jjhvvc I' j i l 991.09 1 18 ord . 4196 EXHIBIT "A" Legal Description for RZ99-30 PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 21 , TOWNSHIP 16 NORTH, RANGE 30 WEST: BEGINNING AT SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 42 FEET AND 8 INCHES; THENCE NORTH OF EAST 704 FEET; THENCE EAST OF SOUTH 152 FEET TO A POINT 704 FEET DUE EAST OF THE BEGINNING; THENCE WEST 704 FEET TO THE BEGINNING. AND A part of the South Half (S %z) of the Southwest Quarter (SW '/<) of the Southwest Quarter (SW '/4) of Section Twenty-one (21 ) Township Sixteen ( 16) North of Range Thirty (30) West, described as follows: Beginning at a point 50 feet South of the Northwest comer of said 20 acre tract, and running thence South 50 feet; thence East 150 feet; thence North 50 feet; thence West 150 feet to the place of beginning. AND Part of the S %: of the SW'/< of the SW'/. of Section (21), Township ( 16) North of Range (30) West, more particularly described as beginning at the Northwest comer of said 20 acre tract, and running thence South 50 feet; thence East 150 feet; thence North 50 feet; thence West 150 feet to the point of beginning. AND Part of the South Half (S%z) of the Southwest Quarter (SEI/4) of the Southwest Quarter (SWI/4) of Section Twenty-one (21 ) in Township Sixteen (16) North of Range Thirty (30) West, and being more particularly described as follows, to-wit: Beginning at a point which is 660 feet North and 150 feet East of the South West comer of said 20 acre tract, and running, thence South 100 feet; thence East 150 feet; thence North 100 feet; thence West 150 feet to the point of beginning. y9109 "��9 K Id H ��M 'M! ET d!1 @!8pq�r llAd. 4-BffF!9 BF gf W45h4n9t'op unty. ArkenBBa, I ih ��B fNINmRp( ?2ee !ilgG ror record rp my " as wcgw horohdp p¢ Ibe same7ij 'rlc4 dyly thegedn ReFprda6 k'4 Q�Pa®c ass Indies QOBeete dRfl n 0 lheroon. nand end ggetl the weal o1 oeid Coun I have on the date t di catad herggp. Kathleen Name" Circuit IBry and €ttwq@klo Recorder 5 " RZ99-30 . 00 - Schader - Close Up PErrIGREW 41 F1 41 M M F1 41 F1 F1 41 41 41 L1 41 R-1 R1 � p Rb_n�o_R� RZ99-30.00 I-1 to 47 1 .66 Ac. F1 1d 4t RZ99.30.00 1-1 to R-2 0.17 Ac. RZ9sa0.00 RZ99-30.00 41 41 41 41 1-1 b R-2I-1 1-1 t0 R-2 0.18 &, 0.35 Ac. 41 qa / lJ 41 R-1 R-1 R-1 R1 R-1 F:UegaWld�der 0* N 100 0 100 Feet W* E S STAFF REVIEW FORM OCT 14 1999 X Agenda Request Cily C17y CFFgK, EVILLE _ Contract Review OFFICE Grant Review For the Fayetteville City Council meeting of November 2 , 1999 , FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED : To approve an ordinance for RZ 99 - 30 . 00 submitted by Austin Schader for property located at 1854 S . Garland . The property is zoned I - 1 , Heavy commercial / Light Industrial and contains approximately 2 . 36 acres . The request is to rezone the property to R- 2 , Medium Density Residential . COST TO CITY : so 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 : "Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and the Planning Commission unanimously approved the rezoning with a vote of 6 - 0 - 0 . Commissioners Estes , Marr , and /Ward' were absent . /o -i4-99 Cross Reference Division Head Date Department Director Date New Item : Yes No Administrative Services Date Prev Ord/Res# : Director Mayor Date Orig Contract Date : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members FROM: Tim Conklin, City Planner DATE: October 11, 1999 RZ 99-30.00 Rezoning (Schader, pp 600) was submitted by Austin Schader for property located at 1854 S. Garland. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 2.36 acres. The request is to rezone the property to R-2, Medium Density Residential. RECOMMENDED MOTION: Staff recommends approval of the proposed R-2 zoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: YES Required Approved Denied Date: October 11, 1999 Comments: CITY COUNCIL ACTION: YES Required Approved Denied Date: / / BACKGROUND : The applicant requests the rezoning of approximately 2.36 acres from I- 1 to R-2 (Medium Density Residential) in order to purchase a residence on the property. The rezoning request contains four tracts of land. One of the tracts is currently developed with one single family home and the remaining three are vacant. The property is surrounded on two sides by warehouse and industrial uses. Residential uses are allowed only as accessory uses in I- 1 zoning. In addition, the applicant has stated that the V.A. will not make a loan to purchase the residence because of the zoning. ADJACENT LAND USE AND ZONING: North: Abandoned Railroad Right-of-Way, Vacant Levi Strauss Plant, single family home, R- 1 and I- 1 South: Single Family Home, Washington Co. Head Start, I- 1 East: Vacant, I- 1 West: Warehousing, I- 1 1 INFRASTRUCTURE: Streets: Garland is classified as a Collector Street with 70' of right-of-way required. Water: There is an 6" waterline along Garland Avenue. Sewer: There is an 6" sewer line along Garland Avenue. LAND USE PLAN: The General Plan 2020 shows this area as Mixed Use. 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 Land Use Plan (General Plan 2020) shows this area as Mixed Use. The proposed zoning of R-2 (Medium Density Residential) is consistent with the plan. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning to R-2 is justified and needed at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning to R-2 would not create or appreciably increase traffic danger and congestion in this area. 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 to R-2 would not alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. On-site and off-site improvements including sewer will be required at the time of Large Scale Development or Preliminary Plat approval. 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; 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 §161.06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL. A. Purpose. The High Density Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. B. Uses. 1. Uses Permitted. Unit 1 City-Wide Uses by Right Unit 8 Single-Family Dwellings Unit 9 Multifamily Dwellings - Medium Density 2. Uses Permissible on App eal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 11 Mobile Home Park Unit 25 Professional Offices C. Density. Families Per Acre 4 to 24 D. Bulk and Area Regulations. 1. Lot Width Minimum. Mobile Home Park 100 Feet Lot within a 50 Feet Mobile Home Park One Family 60 Feet Two Family 60 Feet Three or More 90 Feet Mobile Home Park 100 Feet Professional 100 Feet Offices 2. Lot Area Minimum. Mobile Home Park 3 Acres Lot Within a 49200 Sq. Ft. Mobile Home Park Row House: Development 10,000 Sq. Ft. Individual Lot 22500 Sq. Ft. Single-Family 6,000 Sq. Ft. Two-Family 79000 Sq. Ft. Three or More %000 Sq. Ft. Fraternity or 2 Acres Sorority Professional 1 Acre Offices 3. Land Area Per DwellingUnit. Mobile Home 37000 Sq. Ft. Apartments: Two or More 2,000 Sq. Ft. Bedrooms One Bedroom 11700 Sq. Ft. No Bedroom 11700 Sq. Ft. Fraternity or 1 ,000 Sq. Ft. per Sorority Resident E. Yard Requirements (feet). FRONT SIDE REAR YARD YARD YARD 25 8 25 Cross Reference: Variances Chapter 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. (Code 1991 , § 160.033; Code 1965 , App. A, Art. 5JU); Ord. No. 2320, 4-5-77 ; Ord. No. 2700, 2-2-81 ) To whom it may concern , SUBJECT : REZONING OF PROPERTY @ 1854 SOUTH GARLAND This property is zoned I - 1 . Our daughter is trying to purchase the property for a residence . The V . A . will not make the loan because of the zoning . We are requesting to change the zoning to R - 2 . Thank You , S 4b -RZ99-30.00 - Schader - Close Up PETTIGREW 47 L rJ 41 RZ9930.00 41 to R-2 0.19 AC. O M L1 gols%3chad r N 41 I I II I I 47 11 41 41 41 41 41 41 47 41 —1-1— I 41 RZ99-30.00 LZ99 -30.00I-1 to R-2 0.35 Ac. I R-1 _________ 1 100 0 100 Feet RZ99-30.00 I-1 to R-2 1.66 Ac. R-1 RZ99-30.00 - Schader - One Mile Diameter j VW D P-1 O R -J 02 G2 xx P1 4 R-2 R-2 G2 41 U N U R-2 R-2 R-2 G2 iJ G2 G2 G II OLD FARA9NGTOH G2 I 0 C2 2 FARMIHOTO ® G2 G2 m ry III II V R-2 41 R2 W G2 41 R-0 P R 2 AND_jF 41 i G2 R-2 R-2 R-2 7 ry 42 � R3 R R-2 41 I-1 Z O R-21 G2 y = 41 9TH R-2 111 R-2 > R-2 41 P.1 R-0 O 1 R"2 G2 42 12tH R-2 2 � ry R-2 R-2 a a A 41_____ R 2 I(K R 2 4 O II I R-2IIK ti 02 R-2 R-2 41 a G2 R-2 G2 41 � E i R-2 G2 1STH R -2 C2 G1 2 R-2 R- 41 N R 2 R-2 PE1�^'- R1 i ARROWHEap 62 20TH C -1R-2 CUSTER R- R-2 N R-1 t3 R-2 C- R-2 41 1-1jI R -I I-1 -1 CA SPRINGS R-1 SIII�F R-2 41 R 2 I1" 41 4 R-1 41 KYLF 1 1 UUiIU ^ G2 G2 R-1 R-2 / G2 Al II R-2 R-2 A-1 R-1 1400 0 1400 Feet N E FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning From: Heather Woodruff, City Clerk Date: November 8, 1999 Attached is a copy of the ordinance approving rezoning request RZ 99-30 for your records. The original will be filed with the County, then microfilmed and filed with the City Clerk. cc. Tony Webb, Planning Clyde Randall, Engineering Ed Connell, Engineering STATE OF ARKANSAS County of Washington -ORDINANCE NO.41B8 AN ORDINANCE REZONING THAT PROPERTY DESCRI- BED IN REZONING PETITION RZ99-30 FOR A PARCEL CONTAINING APPROXIMATE- LY 2.36 ACRES LOCATED AT 1854 S. GARLAND. AS RE- QUESTED BY AUSTIN SCHADER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKAN- SAS: Section 1. That the zone classi- fication of the following descri- bed property is hereby changed as follows: RZ99-30 for the real property described in Exhibit "A" attach- ed hereto and made a part hereof. From I-1, Heave Commercial/Light Industrial, to R-2, Medium Density Residen- tial. Section 2. That the official zon- ing map of the City of Fayette- ville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED AND APPROVED this 2nd day of November, 1999. APPROVED: By: Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" Part of the SE1/4 of the SW114 of Section 31, T17N, R29W in Washington County Arkansas and being described as follows: Commencing at the SE corner of the SE 1/4 of said Section 31 thence West 1251.79 feet, thence North 26.64 feet to the P.O.B. thence N60°31'29" E 116.96 feet, thence N 38°44'54" E 357.92 feet, thence N26°4655" E 117.16 feet. thence S38°4454" E 357.92 feet, thence N26°4655" E 117.16 feet, thence S 38°50'11" W 467.74 feet, thent o S 60°3129" W 119.12 feet, thence S 0504'28" W 19.85 feet, thence N 85°54'03" E, 20.20 feet to the POE; contain- ing 13,346.29 S.F. 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 publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further c ify that thelegal notice attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the ' I day of 191 the second insertion on the the third insertion on the the fourth insertion on the Sworn to and subscribed before me on this My Commission Expires: Fees for Printing ..... Cost of Proof ............................... Total....... Catherine Sall My Commission Expires ................... $ day of 19 — day of 19 19 — Manager / day of �19 Public