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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