Loading...
HomeMy WebLinkAboutOrdinance 4249 FILED FOR RECORD ' 00 PUG 3 Pfd 2 45 ORDINANCE NO. 4249 HASHINN ��GTON CO AR: K . AN ORDINANCE REZONING THAT PROPERTY DESCRIB91 ESS IN REZONING PETITION RZOO-15 FOR A PARCEL CONTAINING APPROXIMATELY 2.97 ACRES LOCATED AT 831 N. 54TH AVENUE REQUESTED BY BILL HELMER ON BEHALF OF CLIFFORD AND MARY CLEVENGER AND MARY SILVIS. 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 District to R-1 , Low Density Residential District 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 20'" day of June 2000. f AYEI jc , APPROVED: By: F ed Hanna, Mayor ATTE By: Heather Woodruff, City aerk EXHIBIT q EXHIBIT "A" 4! M .0 E& LEGAL DESCRIPTION FOR RZ00- 15 A part of the East Half (E %2) of the Southwest Quarter (SW '/4) of Section 11 , Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 165 .0 feet West and 1689.6 feet North of the Southeast comer of said SW '/4, and running thence N 89°41 ' W, 825 .83 feet; thence N 0° 13'15" E, 20.6 feet; thence N 69° 19'55" E, 550.24 feet to a fence comer, thence along a fence N 89°42' E, 310.75 feet; thence S 0°02'20" E, 221 .00 feet to the Point of Beginning containing 2.97 acres, more or less. Subject to a 20 foot wide street right-of-way over the East side, and a 15 foot wide utility easement, for sewer purposes, over the West portion of the above described tract. M x X 1412011111010 CU I, Kathleen Harreaa, Clicult ClerkRecorder and Ex-officio certify thatoth sanetrumoent was hod for recdo ord dhInr my office as Indicated hereon and the same Is now duly recorded with the acknowledgement and certificate thereon In Record Book and Page as Indicated thereon. IN WITNESS WHEREEOF, I have hereunto set my hand and affixed the seal of said Court on the date indi- cated hereon. Kathleen" Circuit Clerk an swrdo�r�s ' yr4 db NAME OF FILE: e/*Yz/o Z44 /U/J CROSS REFERENCE: Date Contents of File Initials 112 6' 9 q / 14 �r yl� oo A -copy _ ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00- 15 FOR A PARCEL CONTAINING APPROXIMATELY 2.97 ACRES LOCATED AT 831 N. 54TH AVENUE REQUESTED BY BILL HELMER ON BEHALF OF CLIFFORD AND MARY CLEVENGER AND MARY SILVIS. 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 District to R- 1 , Low Density Residential District 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 I above. PASSED AND APPROVED this day of 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR RZ00- 15 A part of the East Half (E ''/z) of the Southwest Quarter (SW '/4) of Section 11 , Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 165.0 feet West and 1689.6 feet North of the Southeast comer of said S W %<, and running thence N 89'41 ' W, 825.83 feet; thence N 0' 13' 15 " E, 20.6 feet; thence N 69' 19'55" E, 550.24 feet to a fence corner, thence along a fence N 89°42' E, 310.75 feet; thence S 0°02'20" E, 221 .00 feet to the Point of Beginning containing 2.97 acres, more or less. Subject to a 20 foot wide street right-of-way over the East side, and a 15 foot wide utility easement, for sewer purposes, over the West portion of the above described tract. WA406n:'NTY DEED �? _ With Relinquishment of Dower and Curtesy FLED FDR RECORD KNOW ALL MEN BY THESE PRESENTS: 99 lYo That Clifford W. Clevenger and Mary I . P� c 5PJ Clevenaer . husband and wife , hereinafter WASH)NCTDNro 44 called GRANTOR s , forandinconsidcmtionofthesumof One ($1 . 00) NES$ and other good and valuable consideration DOLLARS - n hand paidby Clifford W . Clevenaer , Mary I . Clevenaer , and Shelly Silvis , as ioint tenants with * the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto Clifford W . Clevenaer , Mary I . Clevenaer , and Shelly Silvis , with * hereinafter called GRANTEES_ , and sato their heirs and assigns forever, the following lands lying in Washinaton County, Arkansas,to wit. A part of the East Half (El/2 ) of the southwest Quarter (SW1/4 ) of Section 11 , Tonwhsip 16 North, Range 31 West , Washington County, Arkansas , being more particularly described as follows : Beginning at a point 165 . 0 feet West and 1689 . 6 feet North of the Southeast corner of said SW1/4 , and running thence N - 89 ' 41 ' w, 825 . 83 feet ; thence N 0413 . 15n E, 20 . 6 feet ; thence N 69 ' 19 . 55 " E, 550 . 24 feet to a fence corner , thence along a fence N 89442 ' E, 310 . 75 feet ; thence S 0 ' 02 ' 20 " E, 221 . 00 feet to the Point of Beginning , containing 2 . 97 acres , more or less . Subject to a 20 foot wide street right -of -way over the East side, and a 15 foot wide utility easement , for sewer purposes , over the West portion of the above described tract . Subject to Protective Covenants and easements , if any. I certify under penalty of false swearing that at least the legally correct amount of documentary stamps have f� - been placed onn� this instrument . Grantees Address �29442 ' .76� of *right of survivorship To have and w hold the same unto the said GRANTEE .�_ , and unto h h p i r heirs and assigns forever, with all appurtenances theauato belonging. And tae_ herebycovenantwithsaidGRANTEE n that WA will forever warrant and defend the title to the said laads against all claims whatever. - And we, fliffnrd W Claven92r , husbandand Nary T Clpvpngpr wife, for and in consideration of the sum of money, do hereby release and relinquish unto the said GRANTEE s_ all our rights of cunesy, dower and homestead in and to the said lands. t-��.I�y`', Witness J ess my head and seal such this daynof� ( , 1911 .. (L.S) ZIC V�/>c4M� //✓enger r ✓'�J (L.S.) (L.S.) //70A.0 �Qp r_nq gldex , (L.S.) y eve ger " n..SJ (L.9 J OFFICIAL SEAL ACKNOWLEDGMENT CYNTHIA BURNETT STATE OF Arkansas ss. CAUNTY OF Washington } NOTARY PUBLIC - ARKANSAS • BE IT REh�fBERED, That on this day came before the undersigned, a WASHINGTON COUN 1+ within and for the Couvry aroresn , _ and 1� acting, Clifford W. Clevenger and Mary L Clevenapr . to me well known aztheGmdmtsband antinWe freegoing lkeQ and stated that they had executed the same for the j 7 consideration and purposes therein mentioned and set forth. ``YYL_ Witness my hand and seal as such this �S day A ia'e« h _ , 19 `'r IMy Commissioneapbes'. Prepared by NotaryPubllc 99100869 Planning Commission Minutes May 8, 2000 Page 14 RZ 00-15.00 : Rezoning (Clevenger/Silvis, pp 437) Item submitted by Bill Helmer on behalf of Clifford and Mary Clevenger and Mary Silvis for property located at 831 N. 54ih Avenue. The property is zoned A- 1 , Agricultural and contains FL approximately 2.97 acres. The request is to rezone to R- 1 .5, Moderate Density Residential. Odom: The next item on tonight's agenda is RZ 00- 15 submitted by Bill Helmer on behalf of Clifford and Mary Clevenger for property located at 831 North 54'" Avenue. The property is zoned A- 1 , Agricultural and contains approximately 2.97 acres. The request is to rezone to R- 1 . Staff's recommendation is approval of the requested rezoning to R- 1 . Previously there had been a request to rezone this to R- 1 .5. However, in discussions with Staff, it is my understanding that the request is now to R- 1 and Staff is in support of that. Conklin: That is correct. This property currently is developed with one duplex on it. The applicant did request some type of zoning that would allow them to build an additional single family home. At the time they applied, we looked at R- 1 .5. There were some concerns in the general neighborhood regarding rezoning to R- 1 .5 . Staff has met with the applicant and looked at how to allow an additional single family home on this 2.97 acres. We are recommending and the applicant is in agreement with R- I zoning. It will require a conditional use for the existing duplex. That is on your next agenda. The R- 1 zoning will allow an additional single family home to be built and theoretically they could build two single family homes. Staff is recommending approval. Odom: I would ask the applicant to come forward at this time. Do you have any presentation that you would like to make? Helmer: Not really. Basically Tim has made the presentation. We had applied for the R- 1 .5 so that the duplex would be in compliance but the Planning Staff gracefully pointed out to us that we could do the R- 1 and do a variance on the duplex and that it would work better for everybody concerned. It allows them to build a single family house which is all they are wanting to do. PUBLIC COMMENT: Odom: Thank you Mr. Helmer. Any member of the audience like to address us on this issue? Longing: My name is Mark i.,onging. I have a question. What restrictions are there on the Planning Commission Minutes May 8, 2000 Page 15 R- 1 zoning as far as additional homes? You said earlier you could add two additional single family homes, correct? Conklin: Yes. The R- 1 , Low Density Residential District, allows single family homes by right. It requires a conditional use for a duplex. Therefore, with the recommendation for R- 1 and if the City Council rezones it to R- 1 the duplex would be considered non-conforming so they need to apply for a conditional use for the duplex. I guess your question is could they build more duplexes on this property? That would take Planning Commission approval as a conditional use. Odom : Not as a use by right? Conklin: Not as a use by right. Odom: It would be a use by right on R- 1 .5. Is that correct? Conklin: That is correct. Odom: And that is the reason you recommended R- 1 . Longing: The conditional use permit they are requesting for later is for the duplex that currently exists and would not apply to any other structure on the property. Conklin: That is my understanding. That is correct. Longing: Okay. Odom: And if they wanted to build another one, they would have to come back with a separate application for another duplex. They would not if they just came back and asked for a single family home. Longing: Okay. Thank you. Odom: Also, just a quick reminder that this is nothing more than a recommendation to the City Council. IYs the City Council that makes the determination on the rezoning request. Anybody else that would like to address us on this issue? I'll close the floor to public discussion and bring it back to the Planning Commission for questions, comments or motions. Planning Commission Minutes May 8, 2000 Page 16 COMMISSION DISCUSSION and MOTION: Hoffman: I ' ll make a motion to approve RZ 00- 15 with the stipulation that R- 1 zoning be the recommendation. Shackelford: I 'll second. Odom: We have a motion and a second to approve RZ 00- 15 from A- 1 to R- 1 . Is there any further discussion? Call the roll. ROLL CALL: Upon roll call the motion carries on a vote of 7-0-0. Thank you. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (501 ) 575-8264 TO: Fayetteville Planning Commission FROM : Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: May 8, 2000 PcHN ,Dt u RZ 00-15.00: Rezoning (Clevenger/Silvis, pp 437) was submitted by Bill Helmer on behalf of Co R2 Clifford and Mary Clevenger and Mary Silvis for property loctated at 831 N. 54`h Avenue. The property is zoned A- I , Agricultural and contains approximately 2.97 acres. The request is to rezone to R- 1 .5, Moderate Density Residential . RECOMMENDATION: Staff recommends denial of the requested rezoning to R-1.5, Medium Density Residential. Staff recommends that the Planning Commission approve a rezoning to R-1, Low Density Residential based on the findings included as part of this report. The applicant is in agreement with the R-I recommendation which will allow one single family home to be built. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: May 8, 2000 FFDate: .June L ACTION: Required YES O Approved O Denied 000 Comments: N.'I USERSICOMMOMDA lVN71REPORTSIPC15-8-001devenger. mpd BACKGROUND: This property is located south of Wedington Drive (Hwy 16W) on 541" Ave. There is currently one duplex on the site. The applicant wishes to rezone the property in order to construct one single family home. In order to accommodate the desired density without having to request a conditional use permit for the existing duplex, the applicant has requested R- 1 . 5, Moderate Density Residential zoning. In reviewing this request and visiting the site and surrounding properties, staff felt that it would be more appropriate to look at a rezoning to R- 1 and a conditional use to accommodate the existing duplex on site. This will still permit the applicant to build a new single family home on the property while ensuring that the density will be more in keeping with the majority of surrounding lots. Surrounding properties have developed as a mix of single family homes and duplexes, with most of the duplexes located on one private drive across 54" Street from this site. Several nearby properties have been rezoned to residential districts (R- 1 ) however there are many which are still zoned A- 1 , Agricultural. SURROUNDING LAND USE AND ZONING North: Single family home, A- I South: Vacant, R- 1 East: Single family home, A- 1 & R- 1 West: Single family homes, A- 1 INFRASTRUCTURE: Streets: Access for this property is provided by way of 54' Ave. located on the east boundary of the 2.97 acres. This street is classified as a collector on the City's Master Street Plan requiring a total of 70' of right of way at full build out. Water: 8" line along 54" Ave. Sewer: 6" line along 54" Ave. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R- 1 , Low Density Residential, is consistent with the land use plan and compatible with surrounding land uses in the area. H'.I USERSICOMMOMDA WNnREPORTSIPC15-8-001clevenger. mpd • I FINDINGS OF THE STAFF 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 proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The adopted General Plan 2020 designates this area as residential for future land use. This Plan also encourages the use of mixed densities within residential areas in order to maximize infrastructure and provide more diverse neighborhoods. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified at this time. This area is no longer used for agricultural purposes and has developed with single and two-family residences. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger or congestion. 54`h Ave. is designated on the Master Street Plan to be improved to collector street standards which will accommodate a greater volume of traffic in the future. At this time, the street adequately serves 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 may increase the population density slightly, however this will 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; b. There are extenuating circumstances which justify the rezoning H: I USERSICOMMOMDA WN71REPORTSI PCI5-8-00lc(evenger. wpd I even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A § 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. B. Uses. Permitted Uses. Unit I City -Wide Uses by Right Unit 26 Single -Family Dwelling 2. UsesPermissible on Appeal 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 8 Single -Family and Two -Family Dwellings C. Density. SINGLE-FAMILY TWO FAMILY DWELLINGS DWELLINGS 4 or Less Families Per 7 or Less Families Per Acre Acre D. Bulk and Area Regulations. Single -Family Two -Family Lot 70 ft. 80 ft. Minimum Width H. tUSERSICOMMONIDA WNnPEPOR7S1PC15-8-001clevenger. wpd Lot Area 8,000 sq. ft. 12,000 sq.ft. Minimum Land Area 8,000 sq. ft. 6,000 sq. ft. Per Dwelling Unit E. Yard Requirements (feet). FRONT YARD SIDE YARD REAR YARD 25 8 20 F. Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991,§160.031) §161.05 DISTRICT R-1.5 MODERATE DENSITY RESIDENTIAL. A. Purpose. The Moderate Density Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. B. Uses. 1. Permitted Uses Unit I City -Wide Uses by Right Unit 2 Single -Family and Two -Family Dwellings Unit 26 Single -Family Dwellings Unit 29 Single -Family, Two -Family and Three -Family Dwellings 2. Uses Permissible on Appeal 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 C. Density. Families Per Acre 12 or Less if. USERSICOMMOMDA{VNTREPORTSIPCi5-8-001clevenger. wpd D. Bulk and Area Regulations One- Two- Three - Family Family Family Lot 60 ft. 70 ft. 90 ft. Minimum Width: Lot Area 6,000 7,260 10,890 Minimum: sq. ft. sq. ft. sq. ft. Land Area 6,000 sq. 3,630 sq. 3,630 sq. Per ft. ft. ft. Dwelling Unit: E. Yard Requirements (feed FRONT SIDE YARD REAR YARD YARD 25 8 20 Cross Reference: Variance, Chapter 156. F. Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. G. Height Regulations. No building shall exceed a height of 30 feet. (Code 1991, §160.032; Code 1965, App. A, Art. 5(IIA); Ord. No. 3128, 10-1-85) April 10, 2000 To whom it may concern, Please consider the attached re -zoning request for our property on 54" Avenue in Fayetteville. The property is currently owned by me, Shelly Silvis, secondly by my grandparents, Clifford and Mary Clevenger. We own the property jointly with right of survivorship. There is no proposed or pending sale for any of the property, nor do we desire to sale any of it. This property is currently zoned A-1 and has an existing duplex as you can see from the plat. My parents and grandparents live across the street and I currently reside in one side of the duplex with my family, so that I can be nearby and help look after the needs of my parents and grandparents. As my family is growing, we are experiencing the need for a larger home. By receiving R-1.5 zoning not only would the existing duplex be in compliance but, also I can build a larger third dwelling for myself and my family. I am aware that this unit cannot be mortgaged separately and have already made my financial arrangements with my bank. The surrounding properties are a mix of existing duplexes and single family homes. As my proposed structure would in effect be a new single family dwelling, it will enhance the overall appearance of the area and certainly will be compatible with neighboring properties. There will be negligible change in traffic and no signs will be needed. According to city engineering maps there is an eight -inch water line and a six-inch sewer line located on the east right of way of 54`" Avenue. I have spoken with several of my neighbors and they support this zoning request. I will be delivering their statements of support for your review. I will not be able to attend this hearing and my grandparent's health prevent them from sitting for extended periods of time, therefore we are being represented by a long time family friend, Bill Helmer who is a local Real Estate Broker. Bill is very familiar with our situation and is authorized to answer any questions you may have regarding this application. Thank you for your consideration and I trust that you will see the merit in granting this re -zoning request. Sincerely, Shelly Silvis • I 0. RZ00-15.00 -Clevenger/Silvis - 2020 Plan I JESS ANDERSON _ _ _ _ - PRINGS I 1 w 1 I 1 L_ �\ 1 II � I I �� x Hr 1 I nLLJL — — — — a UI- a1 I! n I I LII — WEDINGTON I N I III—_ ZII QI a I I it w/ xlj JJ D� a ui LOI it >- 0 III DOT TIPTON m IIII I II BOGAN JI �I • -' . .. ..... :Ect University Industrial illhtlllllll Office Nixed Use � Open / Space Recreational Neighborhood Commercial Regional Commerical S • / p RZ00-15.00 Clevenger/Silvis JESS ANDERSON OOVg�O`'pp\NC'5 R-1 Lww JEANFAY Al R-1 WE A`1 A-1 R-1.5 R-1 h1 G2 R-0 m R-1 SO 0 MICHAEL COL 1 m a \BEN ('\\�� Al �I R4 li rits Ai A-i 0) w J >- 0 z RI R- (R-1.5 PERSIMMON • ,• i 1 i ®1✓ S RZ00-15.00 -Clevenger/Silvis -Close Up 11 ILiX41 A-1 13 A-1 y 7T Al I 11 T'4C KF� A-1 w w _ z I I . 0 N 200 0 200 Feet E S I� R-1 Al Al � Al 0 y I A-1 A-1 L 0 I I A-1 R-1 CLEVENGER R-1 Al I A- C IA^1 A -1 A-1 / A-1 0Thi • ,.. L • • Sri ♦ �• • D • ° ♦ ' • ♦C .". .. e• - ♦4 T•:F1 fM1.iaV Lta y111 e.^k :b .eq 1 ,p� :_:4. {$ L • xp i r ' '• a • ' r ♦ - Ir.'a... Ij! {1)AoS4 al Tlf YI -,. 11 n Y� l{'v' - 1. n sy♦♦ _�z; - 1Y' .:. ' 1 .L. 1. y... y A: �-. Y III Y. [ y 4 4v 1" - \ ♦ - � 4+ r} 1 A • . .0 'RECEIVED STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of June 6, 2000. FROM: Tim Conklin Name Planning Division MAY 12 2000 CITY OF FAYETTEVILLE MAYOR'S OFFICE Public Works Department ACTION REQUESTED: To approve an ordinance for RZ 00-15.00 submitted by Bill Helmer on behalf of Clifford and Mary Clevenger and Mary Silvis for property loctated at 831 N. 54th Avenue. The property is zoned A-1, Agricultural and contains approximately 2.97 acres. The request is to rezone to R-1, Low Density Residential. COST TO CITY: Cost of this request Account Number Project Number Category/Project Budget Category/Project Name Funds used to date Program Name Remaining balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acc t' g ager Date s-ue C t A Date Purchasing Officer Date ADA Coordinator Date Internal Auditor Date STAFF RECOMMENDATION: Staff recommended approval of the R-1 request, the applicant changed the request which was originally for R-1.5, Moderate Density Residential. Planning Commission voted 7-0-0 to recommend that the property be rezoned R-1, Low Density Residential and to forward the rezoning to the City Council. S- 0Q Date Date Iz -oo Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: i , , • STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of June 6, 2000. FROM: Tim Conklin Planning Public Works Name Division Department RECEIVED MAY 112000 CITY OF FAYE71 �VILLE CITY CLERK'S OFFICE ACTION REQUESTED: To approve an ordinance for RZ 00-15.00 submitted by Bill Helmer on behalf of Clifford and Mary Clevenger and Mary Silvis for property loctated at 831 N. 54th Avenue. The property is zoned A-1, Agricultural and contains approximately 2.97 acres. The request is to rezone 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: Budget Coordinator Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASH REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval of the R-1 request, the applicant changed the request which was originally for R-1.5, Moderate Density Residential. Planning Commission voted 7-0-0 to recommend that the property be rezoned R-1, Low Density Residential and to forward the rezoning to the City Council. Division Head Department Director Administrative Services Director Mayor S-/v-ov Date Date Date Date Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: July 12, 2000 Attached is a copy of Ordinance 4249 rezoning property submitted by Bill Helmer on behalf of Clifford and Mary Clevenger and Mary Silvis. The original will be microfilmed and filed with the City Clerk. P.12/16 AUG-02-2000 15:43 N W A TIMES / AN OI THAT BED if HZDO.15 FOR A PARCEL CONTAINING APPROXIMATE- LY 2.97 ACRES LOCATED AT 831 N. 54TH AVENUE RE- QUESTED By BILL HELMER ON BEHALF OF CLIFFORD AND MARY CLEVVENGER AND MARY SILV13. BE IT ORDAINED BYTHE CITY COUNCIL OFTHE CITY OFFAYETTEVILLE, ARKANSAS. $2Ltip7 1. Thal the zone classi. hoops of the following descri- bed oropeny is heraby changed ss follows: Prom A.I. Agricultural District to R-1, Law Denairy Reedemis DiWlct for the real property de- scribed In Exhibit "A" alachec heGto and made a part select. SL5tidrtL.Thet the official 7on. in0 map of the City 01 Fayerd- vllle. Arkansasis heresy amended a tonect the zoning change provided in Suction 1 above. PASSED AND APPROVED t is 20th day of June. 2000. APPROVED By Fed Henna. Mayor ATTEST: By:: Heather Woodruff. City Oak EXHIBIT•"A^ tECAL DESCFapnCN FOR R 0-15 A part of the Fast Half (Elr2) the Southeaa Ouartm (SW1/4) of Section 11, Township 16 North, Range 31 West, Wasn. ingmn County Arkansas. being mono Particularly daccnbed as follows: Beginning at a point 16$.0 foot West end 1689.6 feel NOM'oi the Southeast cor- ner m sip SW1/4, and running thence N69°41•W, 825.83 feel, thence NO"13.1r E: 20.8 feel; thence N e9.1955° E, 55024 feet to a fence corner, thence along a fence NSA " 42 C, 310,75 feet, thence 30"0220- E. 221.00 feet to the Poim of Beginning containing 2.97 acres, nitre or let. Suoject td a•20 foot wide Street right-ot- way over Ino East side, and a 15 foot wide utility oeaement, for sewer Purposes. over the West portion of the above de- scnbbdtrarx, STATE QF Afik9NSAS . County of Washington I Ss - 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 Ci y of Fayettevlle, 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 certify that the legal 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 IF1e day of 20.(' the second insertion eD the day of 20 the third insertion an the ! day of 20 it the fourth Insertion on rie y of r usher/General Manager Sworn to and subscribed before me on this day of /1 n <raLiezint Notary Public t.JO(y>:y Public, $late of :�. r=1.G?S ,t; My Commission Expires -n,- r My Commi=on PspOtu , q.4 Feesfor Printing..................................................... Costof Proof.............................................................$ Total............ I ................ ga3.'%l6 L