HomeMy WebLinkAboutOrdinance 4258 FILED FOR RECORD
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ORDINANCE NO. 4258 ,
WASHINGTON CO AR,
KK 11 � Rn��nEESS
AN ORDINANCE REZONING THAT PROPERTY DESLRIBED
IN REZONING PETITION RZ00-17 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .47 ACRES LOCATED AT
2323 DEANE STREET REQUESTED BY NORTHSTAR
ENGINEERING ON BEHALF OF EMAD DAMEN.
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 R- 1 , Low Density Residential District to R-2, Medium Density Residential
District for the real property described in Exhibit "A" attached hereto and made a
part hereof with a Bill of Assurance limiting the number of units permitted on this
1 .47 acre tract to a total of 14 units also attached hereto and made a part hereof.
Scetion 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.
F rhbF kND APPROVED this 1816 day of Jules , 2000.
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V`` !r APPROVE
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By:
red Hanna, Mayor
ATTEST: /
By: A
Heather Woodruff, City Clefg
2000004424
• ord . 4258
EXHIBIT A
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ 00- 17 "
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Lots numbered five (5) and six (6) of there-plat of lots 11 - 16 inclusive, in University
Acres Subdivision to the City of Fayetteville, Arkansas, as per plat on file in the
office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas.
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2000054425
I, Kathleen Hameso, Cirault Clark and Ex-officio
Recorder for Washington County, Atkanoas, do hereby
certify that this instrument was filed for record In my
office as Indicated heroon and tho Gama Is now duly
recorded with the acknowledgement and certificate
thereon In Record Book and Pogo as Indicated thereon.
IN WITNESS WHEREOF, 1 havo horounto flet my
hand and affixod the seal of said Court on the dale Indi-
celad hereon.
Ir ,it`jleor, Heme
NAME OF FILE: ej�P
CROSS REFERENCE:
Date Contents of File Initials
n n ^ L
-00
/9 DOALWIq ' ti
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ 00- 17 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .47 ACRES LOCATED AT
2323 DEANE STREET REQUESTED BY NORTHSTAR
ENGINEERING ON BEHALF OF EMAD DAMEN.
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 R- 1 , Low Density Residential District to R-2, Medium Density Residential
District for the real property described in Exhibit "A" attached hereto and made a
part hereof with a Bill of Assurance limiting the number of units permitted on this
1 .47 acre tract to a total of 14 units also 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
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ 00- 17
Lots numbered five (5) and six (6) of the re-plat of lots 11 -16 inclusive, in University Acres
Subdivision to the City of Fayetteville, Arkansas, as per plat on file in the office of the circuit clerk
and ex-officio recorder of Washington County, Arkansas.
BILL OF ASSURANCE
This declaration of a Bill of Assurance is made this M day of 2000, by
Emad Damen, owner of real property located at 2323 Dean Street, Fayetteville, Washington County,
Arkansas, more particularly described as follows, to-wit:
A�
LOTS NUMBERED 5 AND 6 OF THE RE-PLAT OF LOTS 11 - 16 INCLUSIVE,
IN UNIVERSITY ACRES SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT
CLERK, AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS .
WHEREAS, Emad Damen applied to the City of Fayetteville for a rezoning of the above
described real property from R- 1 to R-2 on or about May 19, 2000; and
WHEREAS, said rezoning was approved by the City Council by Ordinance ; and
WHEREAS, Emad Damen desires to restrict the use of the property described hereinabove
to no more than fourteen residential units, to be comprised of a combination of duplex units and/or
single family residences as otherwise allowable in an R-2 zoning.
NOW, THEREFORE, Emad Damen, present owner, hereby declares that the real property
described herein shall be held, developed, transferred, sold, conveyed, and occupied subject to the
restriction that if it is zoned R-2 by the City Council of the City of Fayetteville the use thereof shall
be restricted as set forth above.
Nothing contained herein shall prohibit Emad Damen, or any successor in interest, from
petitioning the City of Fayetteville for the removal of this Bill of Assurance or seeking a different
zoning classification.
Executed this / °/ day of Tu-Lt c 12000.
Ema Damen
STATE OF ARKANSAS )
ss
COUNTY OF WASHINGTON )
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public, duly
qualified, commissioned and acting within and for the aforesaid State and County, Emad Damen,
and states that he had executed the same . o
WITNESS my hand and seal as such Notary Public this day of ,
2000.
Nota ubli
My Commission Expires:
/ A - at - A0O9
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 0(AU
DATE: June 12, 2000
eon
RZ 00-17.00: Rezoning (Damen, pp 364) was submitted by Northstar Engineering on behalf of
Emad Damen for property located at 2323 Deane Street. The property is zoned R- 1 , Low
Density Residential and contains approximately 1 .47 acres. The request is to rezone to R-2,
Medium Density Residential.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
Note: Consideration of a rezoning request does not constitute review or approval of
development proposals.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied t
Date: June 12, 2000
CITY COUNCIL ACTION: Required YES .7:77�7
O Approved O Denied
Date: July 18, 2000
N:1 USERSICOMMOMDd WN71REPOR7S1PC16-12-OOldamen.ippd
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-2, Medium Density Residential, is consistent with the land use plan and compatible with
surrounding land uses in the area.
FINDINGS OF THE STAFF
I_ : . :A determination of the.degree to. which the propos yoning.is consistent with land use .
planning objectives, principles, and policies and with Iand use and zoning plans.
Finding: The Land Use Plan (General Plan 2020) shows this area as residential. The
proposed zoning of R-2 (Medium Family Residential) is consistent with the
plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning R-2 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 appreciably increase traffic danger
and congestion in this area. This property is situated very close to I-540 and
is located on streets which are called out on the Master Street Plan to carry
large volumes of traffic (Deane - minor arterial, Porter minor
arteriaUcollector).
4'
4. A determination as to whether the proposed zoning would alter the population density IV
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 including
schools, water, and sewer facilities. On-site and off-site improvements
including sewer will be required at the time of Large Scale Development
and/or Preliminary Plat approval.
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;
H:I USERSICOMMOMDA IV.Y7IREPOR7SIpC16-71-OOLdamen. wpd
Comments:
BACKGROUND; '
This-ProPcrty.44ocated on Deane&reet just south.of the Univejsity•ExperimenWFarm_ It is
just east of the intersection of Deane and Porter Road. The applicant is requesting to rezone this
1 .47 acre tract to R-2, Medium Density Residential in order to develop six duplexes in addition
to the two existing single family homes for a total of 14 units.
The property to the west and to the south is zoned R-2 and is developed into multi-family units.
The University of Arkansas experimental faun property is north of this tract and the adjacent
land to the east, zoned R- 1 , is developed with one single family home.
This area is called out on the General Plan 2020 as residential . Any further development of this
property would constitute an infill project which would better utilize existing infrastructure and
City facilities.
SURROUNDING LAND USE AND ZONING
North: University experimental farm, not zoned
South: Multi-family dwellings (duplexes), R-2
East: Single family dwellings, R- 1
West: Multi-family dwellings, R-2
INFRASTRUCTURE:
Access to this property is provided from Deane Street which runs along the northern property i
boundary. This part of Deane Street is classified as a minor arterial on the City's Master Street
Plan. A minor arterial street is designed to accommodate 12,200 - 14,800 vehicles per day with a
total right of way of 90'. At the .time of development, this access will be evaluated with regard to
the proposed project and the amount of traffic that it is expected to generate. The Planning
Commission will then determine any necessary improvements or dedications.
Water: 12" line along Deane St.
Sewer: 6" line along the south property line which appears to serve Linda Jo Place, this
line connects to another 6" line located along Porter Rd.
H:I USERSICOMMONIDA WN7IREPORMP06-11-001damen. npd
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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:-,w N/A ;.
§161.06 DISTRICT R-2 MEDIUM C. Density.
DENSITY RESIDENTIAL.
Families Per Acre 4 to 24
A. Purpose. The High Density
Residential District is designed to permit D. Bulk and Area Regulations.
and encourage the developing of a variety of
dwelling types in suitable environments in a 1 . Lot Width Minimum.
variety of densities. Mobile Home Park 100 Feet
Lot within a 50 Feet
B. Uses. Mobile Home Park
1 . Uses Permitted. One Family 60 Feet
Unit I City-Wide Uses by Right
Two Family 60 Feet
Unit 8 Single-Family Dwellings
Three or More 90 Feet
Unit 9 Multifamily Dwellings -
Medium Density Professional 100 Feet
Offices
2. Uses Permissible on 2. Lot Area Minimum.
Appeal to the Planning Commission. MHouse:
ome Park 3 Acres
Unit 2 City-Wide Uses by Conditional in a 4,200 Sq. Ft.
Use Permit ome Park
Unit 3 Public Protection and Utility use:Facilities lopment 10,000 Sq. Ft.Unit 4 Cultural and Recreational dual Lot 2,500 Sq. Ft.Facilities amily 6,000 Sq. Ft.Unit 11 Mobile Home Park ily 7,000 Sq. Ft.Unit 25 Professional Offices More 9,000 Sq. Ft.
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HAUSERSICOMMOMDA MV7IREPOR7SIP06-12-00Women. ivpd