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