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HomeMy WebLinkAboutOrdinance 4254 FILER FOR RECORD 2, .�4T ORDINANCENO, 4254 WASHINGTON CO AR, K . HARNESS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ 00- 16 FOR A PARCEL CONTAINING APPROXIMATELY 4.21 ACRES LOCATED AT 1530 ALBRIGHT ROAD AS REQUESTED BY ARDEN GALE. 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 5th day of July 2000. APPROVED: :.: l4l* Nli t red Hanna, Mayor � a By: Heather Woodruff, City Cler • ord . 5254 EXHIBIT A EXHIBIT "A" Zz7X =4 LEGAL DESCRIPTION FOR RZ 00- 16 A part of the NE '/4 of the SW '/4 of Section 18, Township 17 North, Range 29 West, being more particularly described as follows: Beginning at a point that is N 89°43'E 660.0 feet from the Southwest corner of the NE %4 of the SW '/4 of said Section 18, said point of beginning being on the South line of said 40 acre tract, and running thence N89°43'E 330.0 feet along said South line; thence leaving said South line and running N0024'W 735 .83 feet to the original centerline of Clear Creek; thence Southwesterly along said centerline the following: S34° 18'W 98.4 feet, S40° 13'W 109.2 feet, S46046'W 121 .3 feet, S680061W 50.0 feet, S840531W 67.65 feet; thence leaving said centerline and running SO°24'E 465 .0 feet to the point of beginning, containing 4.21 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to Albright Road right-of-way along the South line; the City of Springdale water line easement running East and West through the South side; and any other easements and/or right-of- ways of record. M x I, Kathleen Harness, Circuit Clark and Ex-offolo Recorder for Washington County, Arkansas, do hereby certify that this Instrument was tiled for record In my office as Indicated hereon and the same is now duly recorded with the acknowledgement and certifl0ato thereon in Record Book and Page as Indicated thereon. IN WITNESS WHEREOF, I have hereunto sat my hand and affixed the seal of said Court on the date indi- cated hereon. Y,atNaen HP.mass .:ccuY clt+k arty ff aGorder 0 r NAME OF FILE: Al/xz e e A0 CROSS REFERENCE: Date Contents of File Initials i -DO y 1-ANA) � �l ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ 00- 16 FOR A PARCEL CONTAINING APPROXIMATELY 4.21 ACRES LOCATED AT 1530 ALBRIGHT ROAD AS REQUESTED BY ARDEN GALE. 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 Residentil 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 day of 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk 0 : EXHIBIT "A'1 LEGAL DESCRIPTION FOR RZ 00- 16 A part of the NE '/4 of the SW '/4 of Section 18, Township 17 North, Range 29 West, being more particularly described as follows: Beginning at a point that is N 890431E 660.0 feet from the Southwest corner of the NE '/4 of the SW %4 of said Section 18, said point of beginning being on the South line of said 40 acre tract, and running thence N89043'E 330.0 feet along said South line; thence leaving said South line and running N0024'W 735.83 feet to the original centerline of Clear Creek; thence Southwesterly along said centerline the following: S34018'W 98.4 feet, S40013'W 109.2 feet, 546046'W 121 .3 feet, 568006'W 50.0 feet, S84°53'W 67.65 feet; thence leaving said centerline and running S0024'E 465 .0 feet to the point of beginning, containing 4.21 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to Albright Road right-of-way along the South line; the City of Springdale water line easement running East and West through the South side; and any other easements and/or right-of- ways of record. Planning Commission Minutes June 12, 2000 Page 6 RZ 00-16.00: Rezoning (Gale, pp 60) was submitted by Arden Gale for property located at �Dyn 1530 Albright Road. The property is zoned A- 1 , Agricultural and contains approximately 4.21s acres. The request is to rezone to R- 1 , Low Density Residential. Odom: The next item on tonight's agenda is RZ 00- 16.00 submitted by Arden Gale for property located at 1530 Albright Road. The property is zoned A- 1 , Agricultural and contains approximately 4.21 acres. The request is to rezone to R- 1 , Low Density Residential. Staff recommends approval of the requested rezoning based upon the findings in their report. Staff do you have anything further? Conklin: This is a rezoning request from A-1 to R- 1 and contains 4.21 acres on Albright Road in the northeast part of town. There is a single family home currently on this lot and they have requested the R-1 zoning to bring forward a future lot split on this property. Odom: I would ask the applicant to please come forward at this time. Now, you don't have to but do you have any presentation that you would like to make to us? Gale: No sir. Odom: And your name for the record? Gale: Arden Gale. PUBLIC COMMENT: Odom: Let me ask if there are any members of the audience that would like to address us on this rezoning request? COMMISSION DISCUSSION: Odom: Seeing none I will close the floor to public discussion and bring it back to the Planning Commission for questions, comments or motions. MOTION: Shackelford: Mr. Chairman, I make a motion we approve RZ 00- 16 based upon staff recommendations. Hoffinan: Second. Planning Commission Minutes June 12, 2000 Page 7 Odom : We have a motion by Commissioner Shackelford and a second by Commissioner Hoffman. Do we have any further discussion: Bunch: Mr. Chairman, this is more of a comment and primarily for the record. Since this does not have sewer service we need to take a strong look for it at the lot split as it comes through, should the City Council approve this, then the next action would be the lot split that has already been filed, to make sure we have the proper septic systems. Normally in the city we don't address septic issues so we need to make sure this is on the record to notify people when it does come up before Subdivision Committee that it is properly addressed with the septic considerations. Odom: Thank you Commissioner Bunch. Any further discussion? Call the roll. ROLL CALL: Upon roll call the motion to recommend approval carries 9-0-0. Odom: You have to go to the City Council now. They are the ones that make the decisions on the rezonings. Gale: Thank you. Odom: Thank you very much. • ® : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING. DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission p& d FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: June 12, 2000 RZ 00-16.00: Rezoning (Gale, pp 60) was submitted by Arden Gale for property located at 1530 Albright Road. The property is zoned A- 1 , Agricultural and contains approximately 4.21 acres. The request is to rezone to R- 1 , Low Density Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: June 12, 2000 CITY COUNCIL ACTION: Required, YES 0 Approved O Denied Date: July 18, 2000 Comments: H:1 USERSICOMMOMDAWN7IREPOR7SIPC16-12-00lgale.ivpd BACKGROUND: This property is located at the extreme northeastern boundary of the City of Fayetteville and adjoins Springdale on three sides. To the south, across Albright Road, the property adjoins large acreages with single family homes. This land to the south is located within Fayetteville and is zoned A- 1 , Agricultural. At this time, the applicant is seeking R- 1 , Low Density Residential zoning, the 4.21 acre tract is currently zoned A- 1 , Agricultural. Currently there is one single family home on the property with accessory buildings. This home is located in the southwest corner of the acre tract. The property has quite a bit of topography, leading to Clear Creek which borders the tract to the north. The applicant is seeking to rezone the acreage in order to split the property into two lots. While there is sufficient land area, the property does not have adequate frontage on Albright Rd. to create two lots within the A- 1 district. A lot split request has been processed and is scheduled to be heard by the Subdivision Committee on June 29, 2000. This lot split request will be contingent upon approval of the rezoning by Planning Commission and City Council. SURROUNDING LAND USE AND ZONING North: Springdale, residential South: Large tract with single family residence, A- 1 East: Springdale, residential West: Springdale, residential INFRASTRUCTURE: Streets: Access is provided via Albright Road. This is a county road and is not designated on the City's Master Street Plan. Albright Road connects to Crossover Road (Hwy 265) on the west which is designated as a principal arterial. Water: Supplied by Springdale Sewer: Not available - private septic system serves existing home 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 USERSI COMMOMDAWNnREPORTS1 PC16-l2-00lgale.upd 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: This zoning is consistent with the City's Gencral'Planand withiaiid use P�n�g�bjec4ses,�Cioeipdes,ond,pelicies.. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The requested zoning 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 would not create or appreciable increase traffic danger or congestion. 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 would not alter the population density in a manner which would undesirably increase the load on public services. 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 H:1 USERMCOMMOMDAWNnREPOR7SIPC16-12.001gale.ivpd § 161.04 DISTRICT R-1 : LOW D. Bulk and Area Regulations. DENSITY RESIDENTIAL. Single- Two-Family A. Purpose. The Low Density Family Residential District is designed to permit-.-. . Lot 70 ft:. 80 ft. and encourage the development of low Minimum density detached dwellings is suitable.. s : , Width: , environments, as well as to protect existing. development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft. Minimum B. Uses. Land Area 8,000 sq. ft. 6,000 sq. ft. Per 1. Permitted Uses, Dwelling Unit 1 City-Wide Uses by Right Unit Unit 26 Single-Family Dwelling E. Yard Requirements (feet). 2. UsesPermissible on FRONT SIDE REAR Appeal to the Planning Commission. YARD YARD YARD Unit 2 City-Wide Uses by Conditional 25 8 20 Use Permit F. Building Area. On any lot the Unit 3 Public Protection and Utility Facilities area occupied by all buildings shall not exceed 40% of the total area of such lot. Unit 4 Cultural and Recreational Facilities (Code 1991 , § 160.031 ) Unit 8 Single-Family and Two- Fa C. Density. SINGLE- TWO FAMILY FAMILY DWELLINGS DWELLINGS 4 or Less Families 7 or Less Families Per Acre Per Acre H:I USERSICOMMOMDA WN71 REPORMPC16-11-0 Rale.wpd