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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 c�, 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. D 2001003014 :l fQ'I BOMB Stamps, Crou@ Cerk and &-O fiCio Recorder `y. the! this I sWrrrerwm�8lekasea, do hereby curtly for Indlceted hereon end the eye rretard In my oRw ee Wfd1 the eoknoWedggment ad wer"Cattee retarded In Reoortl Book and Pegg m Indlcated thalmn. IN WITNIM EOF hand and gttlkptl �H� gb' I havQ horaunta got my Cam hereon, Court on the We Indi- CB W!< Cle ad EkcAtcb Reaorda 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. RZOO�24;- Martin = Close Up e A-1 Al A-1 11 A-1 C5 p q d A l a�.� a ❑ Q o °rP A-1 a a cn ° Subject Property o o d a Outside City Limits 0 O ❑ o o � D D O 11 c od ❑ i Streets Zoning District Master Street Classifications `/ COLLECTOR FREEWAY/EXPRESSWAY MINOR ARTERIAL N PRI NCI PAL ARTERIAL n/ Structures (1998) /'% Fayetteville City Limits 0 n A-1 I1 F ❑o I-1 I-1 l01 A-1 I-1 11 1 411 :11 I-1 1 - I L 'I N W E A? OT/ RZ00-24tVlartin One Outside City Limits Streets I Regional Zoning L_IDesign Overlay District Fvter Street Gasifications V' COLLECTOR FREEWAY/EXPRESSWAY • , MINOR ARTERIAL N PRINCIPAL ARTERIAL /%, Fayetteville City Lints le Radius C-2, I G2j R-1 I-1 O Wl I-1 A-1 it �� Al A1 1 1 r T O SHORT I r I-1 0.2 0 0.2 0.4 Miles I-1 N 9 L.. H z I N W V o �LLM1. P• STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of November 21, 2000 FROM: Tim Conklin Planning Name Division Public Works Department ACTION REQUIRED: To approve an ordinance for RZ 00-24.00, 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. $0.00 374ASLitl ko R Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used To Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco ing na, Date Internal Auditor Date /J4.00 C' y Attorn Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on October 23, 2000, the Planning Commission voted 6-0-0 to recommend approval and forward the rezoning to the City Council. 2DffZ::: Date Cross Reference /�V � New Item: Yes tm t irector a �Prev Ord/Res #: A nist ti e rvices Director Orig Contract Date: Mayor Date Orig Contract Number: FAYETTEV?LLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning From: Heather Woodruff, City Clerk Date: January 5, 2001 Attached is a copy of the ordinance approving rezoning request RZ 00-24.00. The original will be microfilmed and filed with the City Clerk. cc: Ed Connell, Engineering John Goddard, Information Technology Clyde Randall, Information Technology Scott Caldwell, Information Technology M NORI' EST ARKANSAS elTION RECEIVED Arkansas Democrat SQJazeae JAN 19 2001 Arkansas/ fNowspaper ACCTG. DEPT. ORDINANCE NO. 4279 An Ortr,ance rezoning that pmpeM described in rezoning pehbon RZ00.24 for a parcel containup approumatey 2.30 acres located at 1209 BaileyI Street submitted by Jerry Martin. eehomaby the Council of the AFFIDAVIT OF PUBLICATION Gry of Fayeneenew Arkansas: Section 1. That the zone classification of the folIllowingg described property is hereby charmed as follows: From A4, A Residential District to R4, n ,1 Low Density rbeExhibit for the real property described ad in pail h reoat Cached hereto and made a pan hereof. , do solemnly swear 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. that I am �Ly�-c -l(_. �( r�CLcLQ�� of the Arkansas Exhibit'A' I A pan 01 the Southeast Quarter (5E114 Democrat -Gazette Newspaper, printed and`p lishcd at Lowell, of the Southeast Quarter (SE1/4) o Section Thirty-two 1132) Township Six teen (16) Norm, Pange Thirty (30 West, more partcularly described a; Arkansas and that from my own personal knowledge and follows: Commencing at the Southeas comer of said 40 acre tact, said poin being an existing Arkansas State Sur vey Monument; thence N00 degree! reference to the files of said publication the advertisement of 4T33"W along the East fine of said 4( acre tack 661.00 feet: thence 588 de p for 4T00" W 407.00 feet to a set iror �,� / M n 7ri /j� /' /te /j /f for the point of beoirvmng: thence S e L(i(� l��/ �ix� /� / "t degrees 4T00" W 70.00 feet to a se iron; thence N 00 degrees 4T33"N 150.00 feet to a paint from wttirh a refer ence iroeny set on the South htof-way Was inserted in the regular editions on 437 E Skeet444 ebears N degrtl ggees 47 00" E 70.00 feet to a 8ade hot which a reference iron set on the Souright-al--way of Bailey Steel / 09/ thence S 00degees 4 ad reT 33" E 1150.00 feet to the Point of Beginning. Contain- ing 0.24 acres, more or less, Washing- ton County, Arkansas, the above de- scribed 0.24 acre tract being subject to Publication Charge �Q�• / (J the entire Northf-way ofBaileystreet along the entire North Bounds And Adjusted Tad B: A pan of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Thirty-two (32), Township Six - Purchase Order # teen (16) North, Range Thirty (30) West, being more particula de- scribed as follows: Commencing at the Southeast comer of said 40 acre tract; said point being an existing Arkansas State Survey Monument; Ounce N 00 degrees 4733W W along the East line of Subscribed and sworn to before me this 88 degrees 4TOdo8w 4A7Wfeel ttoo to me point of beginning and from which a reference iron set on the South tight. of -way of Basey Street bear: S 00 de - day of 2001. .roes 4733" E 4.44 feet; thence S 00 degrees 47 33" E 697.50 feet; thence N 88 degrees 4T 00" E 130.00 feet; thence N 00 degrevs 4T 33" W 547.50 otary Public fed; thence S 88 degrees 47 00" W 5.00 feet to a set iron; thence N 00 da green 4T 33" W 150.00 feet to the point My commission expires of beginning, containing 2.06 acres, x,l0 DDa more or less, Washington County, Ar- kansas. The above described 2.06 acre trail being subjdd to the rghtof- way of Bailey Streetalong the Quire •• OFFICIAL SEAL North Boundary. Passed and Approved this 5th day of "• CAROLYN COAKLEY December,2000. y Notary Public - Arkansas AAnest By: roved Heather Hanna, Mayor Clerk '• Washington Court,, January 13, 2091 2014726 P.O. BOX 1607 • 212 N. CAST AVENUE • 17AYl "1"1'1 \111,1,1,, ARKANSAS 7'_71)1 • So1-•1.12-17011