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Home My WebLink AboutOrdinance 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 . One wi IiSt* _ I.E tIRE •fl N Streets Regional Zoning 0.2 0 0.2 0.4 Miles Design Overlay District W E ter Street Classifications /\' COI /� FREEWAY/EXPRESSWAY S • • . MINOR ARTERIAL N PRINCIPAL ARTERIAL /s/ Fayetteville City Limits C-2 R-1 Streets Zoning District Design Overlay District Master Street gassfications /v•COLLECTOR y \i' FREEWAY/EXPRESSWAY MNORARTERIAL N PRINCIPAL ARTERIAL /s�/ Structures (1998) C-2 C-2 R-2 R-2 R-2 G2 C-2 01 A-1 I A-1 R-1 11 1 1, .11 c G2 x1 a o Si Planning Commission November 13, 2000 Page 3 New Business: 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. Odom: The first item we have on tonight's agenda for discussion is a Rezoning RZ 00-26.00, submitted 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. Staffs recommendation is to amend the request to an R -S, Residential Small Lot. R -S zoning will allow the applicant to split the property into two lots with one existing single-family home on each lot. Staff do you have any further comment on your recommendation? Conklin: Staff is recommending the R -S designation. When they first came to our office we looked at the R-1.5 which would allow the single family duplex, triplex residential uses by right. Looking at our ordinances more closely, the R -S zoning allows a single-family home on a 60 foot wide lot with 6,000 square feet, that will allow them to split the property that's currently developed with two single-family homes and sell each house separately. I have talked with the applicant, he is in agreement with this recommendation and staff is recommending approval this evening. Odom: I'll ask the applicant to please come forward at this time for presentation. Greenhaw: As Mr. Conklin said, we certainly do have no objection to the amendment that Mr. Conklin has recommended or made to our proposed. As he quite accurately said, our intent is to split the lots on this particular lot there are two homes. The property when it was annexed into the City of Fayetteville came in as A-1 and it had two houses on it at the time, about forty years ago. There has been no need to rezone the property since then but now my client would like to sell one of the houses to the current tenant and that's why the application was made for rezoriingand-su Sequent y-i rezoning is - approved, to split the lot to allow one of the houses to be sold to the tenant. PUBLIC DISCUSSION: Odom: Thank you Mr. Greenhaw. What I'll do now is ask if there is any member of the audience that would like to address us on this rezoning request? Seeing none I will I Planning Commission November 13, 2000 Page 4 close the floor to public discussion. COMMISSION DISCUSSION: Odom: I'll bring it back to the Planning Commission for questions, comments or motions. MOTION: Bunch: I move that we recommend RZ 00-26.00 to the City Council for approval. Allen: I second. Bunch: As amended. Odom: As I understand it we have a motion by Commissioner Bunch, second by Commissioner Allen to rezone RZ 00-26.00 from A-1 to R -S. Do we have any further discussion? Will you call the roll? ROLL CALL: Upon roll call RZ 00-26.00 is forwarded to City Council on a unanimous vote of 8-0-0. 0 STAFF REVIEW FORM 0 X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of December 5, 2000 FROM Tim Conklin Planning Name Division Public Works Department ACTION REQUIRED: To approve an ordinance forRZ 00-26.00, submitted by William Greenhaw, Attorney, on behalf of Wilma Jean Baker for property located at 1391 & 1393 Farmer Avenue. The property is zoned A-1, Agricultural and contains approximately 0.71 acres. The request is to rezone to R -S, Residential Small Lot. COST TO CITY: $0.00 Cost of this Request Account Number Project Number BUDGET REVIEW: Budget Manager Category/Project Budget Funds Used To Date Remaining Balance Category/Project Name S Program Name Fund Budgeted Item Budget Adjustment Attached' CONTRACT/GRANT/LEASE REVIEW: Administrative Services Director GRANTING AGENCY: Accou ling Mana r Date Internal Auditor Date 1r2O City Attorn Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Staffrecornmended approval and on November 13, 2000,. the Planning Commission voted 8-0-0 to recommend approval and forward the rezoning to the City Council. Date ate If of D e�/ Date Cross Reference New Item: Yes Prev Ord/Res if: Orig Contract Date: Orig Contract Number FAYETTEVILLE S 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 00-26.00. 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 NORI'I oTKST ARKANSAS MITION Arkansas Democrat A015az'ste RECEIVED JAN 19 2001 AFFIDAVIT OF PUBLICATION that I am , do solemnly swear of the Arkansas Democrat -Gazette Newspaper, printed and butSlished at Lowell, Arkansas and that from my own personal knowledge and reference to the files of said publication the advertisement of lQ4Ana#n �Cl0 4(go Was inserted in the regular editions on 9oiuiojt 1 3, coo i Publication Charge $ / a ti rp / Purchase Order # Subscribed and sworn to before me this LO day of , 2001. otary Public My commission expires 1/Zo /2Doa s OFFICIAL SEAL C CAROLYN COAKLEY Notary Public • Arkansas Washington County ORDINANCE NO. 4280 M 0rdinace rezoning that property deserted in rezonng peabon RZ00-2B for a parcel contauung approxfimate 0.71 aces located at 1391 6 l39 Farmer Avenue submitted by WOLam Greerthaw, Attorney, on behalf of WI - City Council of the property Section 2. That the official inning map of the City of Fayetteville, Arkansas. is hereby anuendedtonreflect the zoning change provided in Section 1above. EXHIBIT "A" LEGAL DESCRIPTION FOR RZ 00- 26,00 A pan of the S112of the S12 of the NE 1/4 of Section 19, Township 16 North, Range 30 West more paNculadMy de- scribed as beaunblp at the Northwest 30 West, and 496.96 feet, the hence �nWest 204.2g thence feet, /'%' thence South 5 degrees 44' East 558.1 feet for point of beginning to the lands e herein conveyed; thence North 86 de. Pu� areas 10" East 226 feet to the center of a new road running North and South; thence Nodhedy' following the center of the new road 135 feet; thence South 86 degrees West 232 feet to the West fine of lands now owned by Grantors of Rec- ord; thence South 5 degrees 44' East 135 feet to the point of beginning. and Any lands Mng west of the above de- scribed lands up to the old fence locat- ed ppaaraBllelel with west line of said de- scrtbetl lands. Passed and Approved this 5th day of P.O. BOX 1607 • 2l2 N. PAST AVENUES FAYL•'1'rL•VILLB, ARKANSAS 72701 • 5111-4.12.1700