HomeMy WebLinkAboutOrdinance 4279 • FILED FOROGORD
101 JAN 11 ASI 8 30
WASHINGTON 00 AR
B. STAMPS
ORDINANCE NO. 4279
r
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZOO-24 FOR A PARCEL
CONTAINING APPROXIMATELY 2.30 ACRES LOCATED AT
1209 BAILEY STREET SUBMITTED BY JERRY MARTIN.
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 5'b day of December , 2000.
brE / r
�, • F���. APPROVED:
Fill
By:
`/ ,..0 ��
;
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Mirk
2001003013
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NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
46
� Bin
ord . 4279
• •
EXHIBIT A
EXHIBIT "A" �cx#
OEsCR
LEGAL DESCRIPTION FOR RZ 00-24
TRACT A:
A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHEAST
QUARTER (SE'/<) OF SECTION THIRTY-TWO (32) TOWNSHIP SIXTEEN ( 16)
NORTH, RANGE THIRTY (30) WEST, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 40
ACRE TRACT, SAID POINT BEING AN EXISTING ARKANSAS STATE
SURVEY MONUMENT; THENCE N00'47'33"W ALONG THE EAST LINE OF
SAID 40 ACRE TRACT 661 .00 FEET; THENCE S88047'00"W 407.00 FEET TO
A SET IRON FOR THE POINT OF BEGINNING; THENCE S88°47'00"W 70.00
FEET TO A SET IRON; THENCE N00°47'33"W 150.00 FEET TO A POINT
FROM WHICH A REFERENCE IRON SET ON THE SOUTH RIGHT-OF-WAY
OF BAILEY STREET BEARS S00°47'33"E 4.44 FEET; THENCE N88°47'00"E
70.00 FEET TO A POINT FROM WHICH A REFERENCE IRON SET ON THE
SOUTH RIGHT-OF-WAY OF BAILEY STREET BEARS S00047'33"E 4.71 FEET;
THENCE S00047'33"E 150.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.24 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS. THE ABOVE DESCRIBED 0.24 ACRE TRACT BEING SUBJECT
TO THE RIGHT-OF-WAY OF BAILEY STREET ALONG THE ENTIRE NORTH
BOUNDARY.
AND ADJUSTED TRACT B:
A PART OF THE SOUTHEAST QUARTER (SE'/.) OF THE SOUTHEAST
QUARTER (SE'/<) OF SECTION THIRTY-TWO (32), TOWNSHIP SIXTEEN ( 16)
NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER
OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING ARKANSAS
STATE SURVEY MONUMENT; THENCE N00°47'33"W ALONG THE EAST
LINE OF SAID 40 ACRE TRACT 811 .00 FEET; THENCE S88°47'00"W 477.00
FEET TO THE TRUE POINT OF BEGINNING AND FROM WHICH A
REFERENCE IRON SET ON THE SOUTH RIGHT-OF-WAY OF BAILEY
STREET BEARS S00047'33"E 4.44 FEET; THENCE S00°47'33"E 697.50 FEET;
THENCE N88047'00"E 130.00 FEET; THENCE N00°47'33"W 547.50 FEET; m
THENCE S88047'00"W 5.00 FEET TO A SET IRON; THENCE N00°47'3311W x
150.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.06 ACRES,
MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE
DESCRIBED 2.06 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY
OF BAILEY STREET ALONG THE ENTIRE NORTH BOUNDARY.
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2001003014
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by
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZ 00-24 FORA PARCEL CONTAINING
APPROXIMATELY 2.30 ACRES LOCATED AT 1209 BAILEY
STREET SUBMITTED BY JERRY MARTIN.
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-2, Medium 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 day of 2000.
APPROVED:
By:
red Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ 00-24
A PART OF THE SOUTHEAST QUARTER (SE '/4) OF THE SOUTHEAST QUARTER (SE'/4) OF
SECTION THIRTY-TWO (32) TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, SAID POINT
BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N00°47'3311W
ALONG THE EAST LINE OF SAID 40 ACRE TRACT 661 .00 FEET; THENCE S88°47'00"W
407.00 FEET TO A SET IRON FOR THE POINT OF BEGINNING; THENCE S88°47'00"W 70.00
FEET TO A SET IRON; THENCE N00°47'33 " W 150.00 FEET TO A POINT FROM WHICH A
REFERENCE IRON SET ON THE SOUTH RIGHT-OF-WAY OF BAILEY STREET BEARS
S00047'33 "E 4.44 FEET; THENCE N88°47'00" E 70.00 FEET TO A POINT FROM WHICH A
REFERENCE IRON SET ON THE SOUTH RIGHT-OF-WAY OF BAILEY STREET BEARS
S00047'33 "E 4. 71 FEET; THENCE S00°47'33 "E 150.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.24 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE
ABOVE DESCRIBED 0.24 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF
BAILEY STREET ALONG THE ENTIRE NORTH BOUNDARY.
AND
A PARTOF THE SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF
SECTION THIRTY-TWO (32), TOWNSHIP SIXTEEN ( l6) NORTH, RANGE THIRTY (30) WEST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, SAID POINT
BEING AN EXISTING ARKANSAS STATE SURVEY MONUMENT; THENCE N00°47'33 " W
ALONG THE EAST LINE OF SAID 40 ACRE TRACT 811 .00 FEET; THENCE S88°47'00"W 477.00
FEET TO THE TRUE POINT OF BEGINNING AND FROM WHICH A REFERENCE IRON SET
ON THE SOUTH RIGHT-OF-WAY OF BAILEY STREET BEARS S00047'33 "E 4.44 FEET;
THENCE S88047'00"W 125.00 FEET; THENCE S00°47'33"E 697.50 FEET; THENCE N88°47'00"E
130.00 FEET; THENCE N00°47'33 "W 547. 50 FEET; THENCE S88°47'00"W 5.00 FEET TO A SET
IRON; THENCE N00°47'33 "W 150.00 FEET TO THE POINT OF BEGINNING, CONTAINING
2.06 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. THE ABOVE
DESCRIBED 2.06 ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF BAILEY
STREET ALONG THE ENTIRE NORTH BOUNDARY.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE b-Z
cokR�
TO: Fayetteville Planning Commission
FROM : Dawn T. Warrick, Associate Planner
THRU : Tim Conklin, City Planner
DATE: October 23 , 2000
RZ 00-24.00: Rezoning (Martin, pp 755) was submitted by Jerry Martin for property located at
1209 Bailey Street. The property is zoned A- 1 , Agricultural and contains approximately 2.30
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: October 23, 2000
CITY COUNCIL ACTION Required YES
O Approved O Denied
Date:. November2l 2000 -
Comments:
H:1 USERSICOALNOMDAWIVnREPORTSIPCIIO-23-OOlmartin.wpd
BACKGROUND:
This property is located off of Hwy 71 S on Bailey Road which is west of Drake Field. The
property is comprised of two lots that are currently zoned A- 1 . The combination of these lots
meet the bulk and area regulations of the A- 1 zoning district, however, as independent tracts,
each is non-conforming. The property functions as single family residential with one lot being
vacant (a small structure was recently removed) and the other lot contains one single family
home with a detached garage and an out-building for storage. The applicant is interested in
being able to sell one tract and retain the other. Surrounding this property are large tracts of land
used for single family homes. All of the adjoining property is currently zoned A- 1 , Agricultural.
SURROUNDING LAND USE AND ZONING
North: Single family homes, A- 1
South: Single family homes, A- 1
East: Single family homes, A- 1
West: Single family homes, A- 1
INFRASTRUCTURE:
Streets : This property is located on Bailey Drive. This street intersects Hwy 71 S to the
east and a portion of it is actually located outside the Fayetteville City Limits. To
the west the street dead-ends into Butterfield Trail which is a short north-south
street.
Water: Six inch line along Bailey Street
Sewer: Six inch line along Bailey Street
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.
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: The proposed zoning is consistent with the City's adopted General Plan 2020
and the current use of the property and the surrounding areas is residential
H:I USERSICOMMOMDA WN%1REPOR7SIPCII0-23-001marNn. ivpd
0 0
in nature, making this request consistent with land use planning objectives,
principles, and policies.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified at this time. This action will not increase the
density of the lots in question. The proposed zoning is needed in order for
the property to exist as two individual lots, both meeting minimum bulk and
area requirements for R-1 lots.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger
and 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: Density after the proposed rezoning will not exceed the density which is
currently allowable on this property. The proposed zoning will not alter the
population density in a manner which would undesirably increase the load
on public services including schools, water and sewer facilities.
S . 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
HAUSERSI COMMONI DAWN7I REPOR7SI PCII0-23-006nmtin.i vpd
§ 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 in suitable Width
environments, as well as to protect existing
development of these types. Lot Area ;8,000
0 sq. ft.F6,00Osq.
Minimum
B. Uses. Land Area sq. ft.
1 . Permitted Uses. Per
Dwelling
Unit 1 City-Wide Uses by Right Unit
Unit 26 Single-Family Dwelling
E. Yard Requirements (feet).
2. UsesPermissible on FRONT SIDE FAR
Appeal to the Planning Commission. YARD YARD Unit 2 City-Wide Uses by Conditional 25 8
Use Permit
Unit 3 Public Protection and Utility F. Building Area. On any lot the
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-
Family Dwellings
C. Density,
SINGLE- TWO FAMILY
FAMILY DWELLINGS
DWELLINGS
4 or Less Families 7 or Less Families
Per Acre Per Acre
H:1 USERSICOMMONID.I IVN7IREPOR7SIPCI10-23-OOLnarrin.ivpd
Planning Commission
October 23, 2000
Page 44
RZ 00-24.00: Rezoning (Martin, pp 755) was submitted by Jerry Martin for property located at
1209 Bailey Street. The property is zoned A- 1 , Agricultural and contains approximately 2.30 acres.
The request is to rezone to R- 1 , Low Density Residential.
Odom: The first item we are going to hear tonight is RZ 00-24.00: Rezoning (Martin, pp 755)
was submitted by Jerry Martin for property located at 1209 Bailey Street. The
property is zoned A- 1 , Agricultural and contains approximately 2.30 acres. The
request is to rezone to R- 1 , Low Density Residential. Staff recommends approval of
the requested rezoning based upon their findings included in their report. Staff, do you
have anything further?
Conklin: Staff has nothing further.
Odom: I ask the applicant to please come forward at this time. Do you have any presentation
that you would like to make?
Martin: Not really. My name is Jerry Martin. This rezoning comes about because I bought a
parcel of land that contained 2.01 acres that was non-conforming to current zoning. It
had two houses on it and did not conform. It' s in a part of Fayetteville that the homes
were there before the two neighbors. I bought an adjacent lot which increased the total
holdings of this one parcel to 2.03 . My plans are, if I can get it zoned as requested to
R- 1 is to move one house from the adjoining two acres to the lot that I bought which is
adjacent and then I will have two pieces of property both of which will conform to
current zoning both in size and usage. To me it makes good sense. I will be glad to
answer any questions.
Odom: Mr. Martin, we' ll take questions in just a minute.
PUBLIC COMMENT:
Odom: First what I would like to do is ask if there is any member of the audience that would
like to address us on this issue? Anyone here to talk about the rezoning that's before us
on the agenda?
COMMISSION DISCUSSION:
Odom: Seeing none, I will close the floor to public discussion and bring it back to the Planning
Commission for questions, comment or motions.
Planning Commission
October 23, 2000
Page 45
Marr: I move for approval of RZ 00-24.00.
Hoffman: Second.
Odom: Wehave a motion by Commissioner Marr and second by Commission Hoffman for
approval of RZ 00-24.00. Any further discussion? Will you call the roll?
ROLL CALL
Upon roll call RZ 00-24.00 was approved by a unanimous vote of 6-0-0.