HomeMy WebLinkAboutOrdinance 4280 O SLED FOR RECORD
01 JAN 11 RM 8 30
WASHINGTON CO AR
B. STAMPS
ORDINANCE NO. 4280
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZOO-26 FOR A PARCEL
CONTAINING APPROXIMATELY 0.71 ACRES LOCATED AT
1391 & 1393 FARMER AVENUE SUBMITTED BY WILLIAM
GREENHAW, ATTORNEY, ON BEHALF OF WILMA JEAN
BAKER.
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-S, Residential Small Lot 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 December , 2000.
{AYEljt� APPROVED:
.((; IryIq
e�
1l:;1 5 ,`; rt By:_ A
t a. Fred Hanna, Mayor
rrv4
ATTEST
By:
T Heather Woodruff, City Cl
2001003015
0
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
c
O
ord . 4280
* EXHIBIT A
EXHIBIT "A" EX9.
L,6!rR
a�
LEGAL DESCRIPTION FOR RZ 00-26.00
A PART OF THE S% OF THE NE'/< OF SECTION 19, TOWNSHIP 16 NORTH,
RANGE 30 WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING AT
THE NORTHWEST CORNER OF THE SE /40F THE NE /40F SAID SECTION
19, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND RUNNING THENCE
SOUTH 496.96 FEET, THENCE WEST 204.2 FEET, THENCE SOUTH 50 44'
EAST 558. 1 FEET FOR POINT OF BEGINNING TO THE LANDS HEREIN
CONVEYED; THENCE NORTH 860 10" EAST 226 FEET TO THE CENTER OF
A NEW ROAD RUNNING NORTH AND SOUTH; THENCE NORTHERLY
FOLLOWING THE CENTER OF THE NEW ROAD 135 FEET; THENCE SOUTH
86° 10" WEST 232 FEET TO THE WEST LINE OF LANDS NOW OWNED BY
GRANTORS OF RECORD; THENCE SOUTH 5 ° 44' EAST 135 FEET TO THE
POINT OF BEGINNING.
AND
ANY LANDS LYING WEST OF THE ABOVE DESCRIBED LANDS UP TO THE
OLD FENCE LOCATED PARALLEL WITH WEST LINE OF SAID DESCRIBED
LANDS.
m
x
ao
2001003016
G
11 Bene stamps Grcuit perk and Ex-ofRdo Recorder
for Weshlrgton Canty, Arkansas, do hereby oer0ly
that this Instrument was filed for record in my offloe as
indicated hereon and the sane Is now duty recorded
with the acknowledgement aid certificate thereon
In Record Book and Page as Indicated thereon,
IN hand and Oxed WITNESSof
seal of said Court on the EOF, I have ndata Into M d
cated hereon.
Ben, ps
qra qe k end Fxofficio Records
by
t4?>GT
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZ 00-26 FORA PARCEL CONTAINING
APPROXIMATELY 0.71 ACRES LOCATED AT 1391 & 1393
FARMER AVENUE SUBMITTED BY WILLIAM GREENHAW,
ATTORNEY, ON BEHALF OF WILMA JEAN BAKER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That the zone classification ofthe following described property is hereby changed
as follows:
From A-1 , Agricultural Districtto R-S, Residential Small Lot 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 00-26.00
A PART OF THE S % OF THE NE /40F SECTION 19, TOWNSHIP 16 NORTH, RANGE 30
WEST, MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER
OF THE SE'/< OF THE NE'/< OF SAID SECTION 19, TOWNSHIP 16NORTH, RANGE 30 WEST,
AND RUNNING THENCE SOUTH 496.96 FEET, THENCE WEST 204.2 FEET, THENCE SOUTH
5044' EAST 558. 1 FEET FOR POINT OF BEGINNING TO THE LANDS HEREIN CONVEYED;
THENCE NORTH 86010" EAST 226 FEET TO THE CENTER OF A NEW ROAD RUNNING
NORTH AND SOUTH; THENCE NORTHERLY FOLLOWING THE CENTER OF THE NEW
ROAD 135 FEET; THENCE SOUTH 860 10" WEST 232 FEET TO THE WEST LINE OF LANDS
NOW OWNED BY GRANTORS OF RECORD; THENCE SOUTH 5° 44' EAST 135 FEETTO THE
POINT OF BEGINNING.
AND
ANY LANDS LYING WEST OF THE ABOVE DESCRIBED LANDS UP TO THE OLD FENCE
LOCATED PARALLEL WITH WEST LINE OF SAID DESCRIBED LANDS.
0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: P� g
PLANNING DIVISION CORRESPONDENCE 501-575-8264 by
Co 2
TO: Fayetteville Planning Commission
THRU: Tim Conklin, City Planner
DATE: November 13, 2000
RZ 00-26.00: Rezoning (Baker, pp 558) was submitted by William Greenhaw, Attorney on
behalf of Wilma Jean Baker for property located at 1391 & 1393 Farmer Ave. The property is
zoned A- 1 , Agricultural and contains approximately 0.71 acres. The request is to rezone to R-
1 .5 , Moderate Density Residential.
RECOMMENDATION:
Staff recommends amending the request to R-S Residential Small Lot. R-S zoning will
I
llow the applicant to split the property into two lots with one existing single family home
on each lot.
PLANNING COMMISSION ACTION: Required YES
o Approved O Denied
Date: October 23, 2000
CITY COUNCIL ACTION: Required Yes (if recommended by PC)
o Approved O Denied
Date: December 5, 2000 (1" reading)
Comments:
BACKGROUND:
The applicant has requested rezoning in order to split the property into two lots. The property is
currently developed with two single-family homes. There would be one single family home on
each lot. The property contains 0.71 acres and has 135 ' of street frontage. A- 1 zoning requires
200' of street frontage per single family home and a minimum lot area of two acres. This
property is located in a built out neighborhood that is a mix of duplexes, a four plex, and single
family homes. Rezoning this property to R-S will be consistent with the neighborhood and will
allow the property to be split and the transfer of ownership of each structure and lot in the future.
The applicant did apply for R- 1 .5 Moderate Density; however, after further research of the
zoning ordinance it was discovered that R-S would provide more protection for the neighborhood
by limiting the permitted use on each lot to single family homes. Under R- 1 .5 the property could
be redeveloped as a triplex.
SURROUNDING LAND USE AND ZONING
North: Residential- Single Family, A- I and R- 1
South: Residential-Single Family, A- ]
East: Residential-Fourplex and duplexes, R-1 and A- 1
West: Undeveloped, A- 1
INFRASTRUCTURE:
Streets: Farmer Ave. is classified as a local street.
Water: There is a 2 I /4" water line that currently serves both residences.
Sewer: There is currently an 8" sewer line that serves both residences.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-S Residential Small Lot is consistent with the land use plan.
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 land use planning objectives,
principles, and policies or with land use and zoning plans.
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 and is consistent with the City's
adopted plan for residential growth and development in this area.
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. This property is currently developed with two single family
homes and is being served by a local street.
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 since it is
currently developed.
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
§161.11 DISTRICT RS RESIDENTIAL SMALL LOT,
A. Purpose. The Residential Small Lot District is designed to permit and encourage the
development of detached dwellings in suitable environments.
B. Uses.
1 . Permitted Uses.
Unit 1 City-Wide Uses by Right
Unit 26 Single-Family Dwellings
2. Uses Permissible on Appeal to the Planning Commission.
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public Protection and
Utility Facilities
Unit 4 Cultural and Recreational
Facilities
Unit 8 Single-Family, Two-
Family, and Townhouse
Dwellings
C. Density.
By Right Conditional
Use
Single- 7 or Less 8.5
Family
Dwelling
Units Per
Acre
Duplex Option:
and/or 15% of the
Townhouse Lots,
Maximum
D. Bulk and Area Regulations.
Single- Duplex Town-
Family house/
no more
than 2
units
attached
Lot Width 60 ft. 60 ft. 30 ft.
Minimum
Lot Area 62000 6,000 33000
Minimum sq. ft. sq. ft. sq. ft.
Single- Duplex Town-
Family house/
no more
than 2
units
attached
Land Area 6,000 3,000 31000
Per sq. ft. - sq. ft. sq. ft.-
Dwelling
t:Dwelling
Unit
E. Yard Requirements (feet).
FRONT SIDE REAR YARD
YARD YARD
25 08 20
Cross Reference: Variance, Chapter-156.
F. Building Area. The area occupied by all buildings shall not exceed 50% of the total
lot area.
G. Height Regulations.
Building Height 30 ft.
Maximum
(Code 1991 , § 160.046; Ord. No. 3792. §4, 5- 17-94)
REZONING REQUEST
(a) Petitioner, Wilma Jean Baker, is the owner of parcel 765-14719, which is
located at 1391 and 1393 Farmer' s Avenue, Fayetteville, Arkansas. Petitioner desires a
rezoning to R- 1 .5 for the purpose of selling 1393 Farmer's Avenue to her current tenant
who has resided there.
(b) The rezoning is requested to enable the petitioner to create 2 legal lots
which can be split to allow separate ownership of each lot.
(c) The purposed rezoning will have no adverse effect on surrounding
properties as no change in terms of use, traffic, appearance or signage will be made.
(d) The site of this request is currently hooked up to water and sewer lines at
both locations. The water line is 2 '/4" CI and the sewer line is 62
.