HomeMy WebLinkAboutOrdinance 4254 FILER FOR RECORD
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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
Request for Re -Zoning
1530 Albright Road, Springdale, AR 72764
Owned by Arden U. Gale
a. This is a request to re -zone the property consisting of 4.2 acres at 1530 Albright Road.
from agricultural to residential. Arden U. Gale is the current owner of this property. No
property sales are either proposed or pending.
b. A property split request has been made to divide one acre fronting Albright Road from
the front of the property. In order for this property split request to be achieved, the
property at 1530 Albright Road must be re -zone from agricultural to residential.
c. The property at 1530 Albright is surrounded on its western, northern, and eastern sides
by a subdivision in the town of Springdale. Residential zoning is more appropriate to this
property than agricultural as it is in a residential suburban area with no agricultural
activity surrounding it. Rezoning will not affect current land use, traffic, appearance,
and/or signage.
d. Water is supplied to 1530 Albright by the town of Springdale. No sewer service is
available but the property has a private septic system.
•
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SITE LOCATION
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FLOOD CERTIFICATION:
Approximately the North
X of the herein described
431 acre tract Is In Flood
Zone "A•. Per FIRM Map
05143C 0101C, effective
date Sept 18,1991.
Bads for Bearingt A 3.93
acre survey for David
McWethy, dated 24 Aug 1976,
by McClelland Consulting
Engineers, Inc. Also, a plat of
survey showing original
cantedlne of Clear Creek
dated 130-92 by Northwest
Engineers, per Chancery
Court of Washington County,
Arkansas, case No. E 91429,
as filed May 7, 1992 for record
In the Office of the Circuit
Clark and Ex-oflclo Recorder,
Washington County,
Arkansas.
=-
NE I/4 - S W 114 ' - - -- —111111IIII///////'
'r iIT.Y w-29 SURVEY DESCRIPTION§ STATE OF
A part of the NE114 of the SW714 of Section 18, Township 17 North, Range :'AIWANSAS
.,
29 West, being more particularly described as follows: z a'
Beginning at a point that is' N89°43'E 660.0 feet from the Southwest comer _ Na 88 O
r:
of the NE114 of the SW114 of'said Section 18, said point of beginning being -Ti ••
on the South line of said 40 acre tract, and running thence N89°43'E 330.0 a E '
feet along said South line; thence leaving said South line and running
N0°24'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, S46°46'W 121.3 feet, 368°06'W 50.0 feet, S84°53'W
67.65 feet; thence leaving said centerline and running S0°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 the 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.
SURVEYOR'S CERTIFICATION: I hereby
certify that I have surveyed the herein described
tract and that the property lines and corner
monuments are, to the best of my knowledge and
ability, correctly established as shown. Also, any
easements and/or encroachments revealed by said
survey ar�jibpqn he
A U. U'-'
WILLIAM C. JENKINS PIS No. 688 AR
• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of July 3, 2000
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUIRED: To approve an ordinance for RZ 00-16, 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.
COST TO CITY:
Cost of this Request
Account Number
Project Number
BUDGET REVIEW: _
Budget Manager
Category/Project Budget Category/Project Name
Funds Used To Date
Remaining Balance
Program Name
Fund
Budgeted Item Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Administrative Services Director
Accoun Manage Date
C(• zr'OJ
City Attorney Date
Purchasing Officer
Date
GRANTING AGENCY:
Internal Auditor Date
ADA Coordinator Date
STAFF RECOMMENDATION: Staff recommended approval and on June 12, 2000, Planning Commission
unanimously voted 9-0-0 to recommend approval and forward the rezoning request to the City Council.
di- (9_ o0
Date
Date
Date
Date
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number:
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 4254 rezoning property submitted by Arden Gale. The original
will be microfilmed and filed with the City Clerk.
RUG -02-2000 15:41 N W A TIMES
STATE OF ARKANSAS
County of Washington } ss.
IN
JAO AS
ARDEN
BE IT ORDAINED YTHE
CITY COUNCIL OF THE CrrY
OF FAYETTEVILLE.
• ARKANSAS:
54itt4n_t That the zone oar
tdication of trie fonwwrg doscrl-
bed Property is hereby changed
as foaowt
From A-1, Agricuhur9l District
to R -r, Low Density Residential
Disrict car the real property de-
scnbed in Exhibit'Aattached
hileto and made a part hereot
a49iL2M_Z-That the of6aty zon.
ing nlap Of :na City of Fayeca
vill0, Arkansas. is horeby
ametwed to reflect the zoning
change provided in Section 1
aoora
PASSED AND APPROVED
this 5th tray of Juh. 2000,
APPROVED:
Or. Ftad Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
• EYHIerT^A'
LEGAL DESCRIPTION FOR
RZO616
A part of the NEI/4 of the
SWI/4 of Secuon 18, Tovinshp
17, Range 29 West, Oeing more
particulany described as fal-
Iowx.
Beginning at a point That is
NB9'43'E 660,0 feet from the
Southwest Corner of.lne NEI/4
of the SWI/4 of said Section
18. ewd point of beginning be-
an Me Scum line Of 4p acre
tram; and running thence
Ne9.43'e 330.0 feet along lain
South line: thence leaving Slid
South line and running
N9'24'W 735.33 fool to the
original centorlino of Clear
Creek: thence Southwosterly
along said centerane the. blow-
ing: S34410W 99.4 feet,
S4a°13W109.2 .eat, S46^atw
121.3 feet 568°06W 50,0 feet,
Sa4.53'W 87.95 feat; thence
leaving said:corpenlne and nab
n'ng Bo^24'E 465.0 feet to the
point of beginning, comalning
421 acres, more or less City of
Fayetton'lle, Washington Coun.
Arkansas.
Sublet to Albright Road right.
of -way f so1nnfe South Pne: the
Cry, of 9On running ae water line
oaeWest Through the South tide;
and any other easements
tuollor ri9ma-uoya of cocoa
P.O?'16
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 City of Fayetteville, 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 ga tify that the legal notice attached in the matter of
was published in the regular daily issue of said newspaper lot
consecutive insertions as follows:
The first insertion on the day of 20 PR<
the second Insertion on the
day of 20 —
the third insertion on the day of 20
the fourth insertion on the--��(�L,¢t day of M
V V Sher/C-eneral Manager
Sworn to and subscribed before me on this day of
), Ch:�a'`ascoftuS4ary Public
)e 2d0 'l I'gt)lie u r �nnry s; 4
My Commission Expires:
t ?AY a eU<ueetc<*'
.cc<c<cczc<c<c<c:
Fees for Printing......................................................$
Costof Proof.............................................................S