HomeMy WebLinkAboutOrdinance 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
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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.
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RZ99-30 . 00 - Schader - Close Up
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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 ,