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Home My WebLink AboutOrdinance 4335 0 F Ori RECORD r �01 SEP 12 PPI 2 08 ORDINANCE NO. 4335 WASHItiu ; ,, N C. 0 B• STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 . 14.00 FOR A PARCEL CONTAINING APPROXIMATELY 2. 26 ACRES FOR PROPERTY LOCATED AT 1245 N. 51sT, AS SUBMITTED BY DONNA TREAT OF COLDWELL BANKER FAUCETTE ON BEHALF OF GREG & APRIL ROBINSON 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 to R- 1 , Low Density Residential 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 4`h day of September, 2001 . APPROVED: r : DAN COODY, Mayor ATTEST: By: Bather Woodruff, City eKerk 20011 12571 • Ord . 4335 e is R EXHIBIT "A" RZN 01 . 14.00 PART OF LOT 8 (IN FAYETTEVILLE CITY LIMITS) PART OF LOT NUMBER 8 IN HAMESTRING SOUTH ADDITION, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT AND RUNNING THENCE N00031 '02"W 148.96 FEET, THENCE N89032'26"E 648.64 FEET, THENCE S00018'00"E 154. 16 FEET, THENCE WEST 648.08 FEET TO THE POINT OF BEGINNING CONTAINING 2.26 ACRES MORE OR LESS. 2001112572 I, Bette Stamps, Circuit Clerk eR� € -Rt^aie Re�rdeF for Washington County, ArkaPAV, d� r�e1e�'/ penury that this Instrumon; wo Bled fw N qr9 Iri MY pfnge as Indicated herocrl and tho atima t:. R:iW vly pecvded with the aoknoWodgomcnt And WrtfCzte t5e:eon In Record Srok and pogo as Inr,!o :ud tharson. IN 4AIITNF" WMEnUOP, I have hereunto pet my hand and afnred tna seal of Bid Court on the di;ta indl- cated hereen. Betty Sta_ pe Clrai k and Ex�tB.'c P,ewrder by NAME OF FILE: Ordinance No. 4335 CROSS REFERENCE: 09/04/01 Ordinance No. 4335 Exhibit "A" (RZN 01 - 14.00) 08/13/01 Planning Division Correspondence to Mayor Dan Coody from Hugh Earnest, Urban Dev. Director 08/13/01 Planning Commission Minutes (Page 8 & 9) 08/13/01 Planning Division Correspondence to Fayetteville Planning Commission from Dawn T. Warrick, Planner thru Tim Conklin, A.I.C.P., City Planner, Hugh Earnest, Urban Dev. Director, Kit Williams, City Attorney 09/04/01 Staff Review Form 09/13/01 Departmental Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : 0 ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 . 14.00 FOR A PARCEL CONTAINING APPROXIMATELY 2.26 ACRES FOR PROPERTY LOCATED AT 1245 N. 51ST , AS SUBMITTED BY DONNA TREAT OF COLDWELL BANKER FAUCETTE ON BEHALF OF GREG & APRIL ROBINSON, 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 to R- 1 , Low Density Residential 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 , 2001 . APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 0144.00 PART OF LOT 8 (IN FAYETTEVILLE CITY LIMITS) PART OF LOT NUMBER 8 IN HAMESTRING SOUTH ADDITION, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT AND RUNNING THENCE N0003 1 '02"W 148.96 FEET, THENCE N89032'26"E 648.64 FEET, THENCE S00018'00"E 154. 16 FEET, THENCE WEST 648.08 FEET TO THE POINT OF BEGINNING CONTAINING 2.26 ACRES MORE OR LESS. i FAYETTEtILLE THE CITY OF FAYETTEV ILLS, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody FROM: Hugh Earnest, Urban Development Director DATE: August 13 , 2001 BACKGROUND: RZN 01 - 14.00: Rezoning was submitted by Donna Treat of Coldwell Banker Faucette on behalf of Greg & April Robinson for property located at 1245 N. 51St Street. The property is zoned A- 1 , Agricultural contains approximately 2.26 acres. The request is to rezone to R- 1 , Low Density Residential. The subject property is located immediately south of the City Limits on the west side of Sunshine Road (515' Street), north of Wedington Drive and west of the Fieldstone Subdivision. Properties surrounding the subject tract are developed primarily as single family homes. The Fayetteville City Limit line divides the property with a strip of land approximately 50' wide lying within Washington County. The portion of the property within Washington County is not included in the description of property to be rezoned. The applicant is seeking approval of a lot split in order to divide this property to create a new lot for a single family home. The lot split cannot occur without rezoning approval since minimum lot requirements in the A- I zoning district call for a 2 acre tract with at least 200' of lot width. In the requested R- I district, a lot must have 8,000 s.f. of area and at least 70' of width. This rezoning may only create one additional lot and development is restricted to one single family home. This will be a minimal increase in density in this area. The proposed rezoning is in keeping with the character and general development patterns of this area. CURRENTSTATUS Staff recommended the rezoning and the Planning Commission voted 8-0-0 to recommend approval to the City Council. RECOMMENDATION Staff recommends approval of the requested rezoning. H.-I USERSICO,tiMONIDA11,VnREPORTSIPC18-13-01 bobinsonCityCouncil/oc • s FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, A.I.C.P., City Planner Hugh Earnest, Urban Development Director Kit Williams, City Attorney DATE: August 13 , 2001 RZN 01 -14.00: Rezoning (Robinson, pp 398) was submitted by Donna Treat of Coldwell Banker Faucette on behalf of Greg & April Robinson for property located at 1245 N. 51 " Street. The property is zoned A- 1 , Agricultural contains approximately 2.26 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: August 13, 2001 CITY COUNCIL ACTION: Required YES O Approved O Denied . Date: September 4, 2001 (first reading) H:I USERSI COMMOMDA ;YN71 REPOR7Sl PC18-73-0l I rob inson.doc Comments: BACKGROUND: The subject property is located immediately south of the City Limits on the west side of Sunshine Road (51" Street), north of Wedington Drive and west of the Fieldstone Subdivision. Properties surrounding the subject tract are developed primarily as single family homes. The Fayetteville City Limit line divides the property with a strip of land approximately 50' wide lying within Washington County. The portion of the property within Washington County is not included in the description of property to be rezoned. The applicant is seeking approval of a lot split in order to divide this property to create a new lot for a single family home. The lot split cannot occur without rezoning approval since minimum lot requirements in the A-1 zoning district call for a 2 acre tract with at least 200' of lot width. In the requested R-1 district, a lot must have 8,000 s.f. of area and at least 70' of width. This rezoning may only create one additional lot and development is restricted to one single family home. This will be a minimal increase in density in this area. The proposed rezoning is in keeping with the character and general development patterns of this area. SURROUNDING LAND USE AND ZONING North: Single family home, Washington County South: Single family home, A- I East: Single family home, R- 1 West: Single family home, A- 1 INFRASTRUCTURE: Sunshine Road (51" Street) is located along the eastern property line and runs north from Wedington Drive to Mt. Comfort Road. In this location, the street is paved but does not have curb, gutter or storm drains. Further north, this street is a county road and is unpaved. The street, north of this project site is designated as a principal arterial on the Master Street Plan which will carry traffic from Hwy 62 north towards Tontitown (see maps included in agenda packet). H:1 USERSICOMMOMDA WN7IREPOR7SIPCI8-13-Ol bobinson.doc Water and sewer both run along the west side of the street right-of-way adjacent to this property. 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 which designates this area as Residential. Adjacent properties are developed with single family homes. 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. The applicant seeks to divide the property into two lots and to build a second single family home north of the existing structure. 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 appreciable increase traffic danger or 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: The proposed zoning will alter the population density slightly, however this increase will not undesirably increase the load on public services. If this property remains in the A-1 zoning district, the existing single family home is the maximum density that would be permitted based on lot area requirements in that district. The proposed zoning of R-1 will only permit the creation of one additional lot which will allow for one new single family home on the property. H. IUSERSICOMMOMDA WN71REPORTSIPC18-13-01 Irobinson.doc • • 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 H. IUSERSICOMMOMDA WNnREPORMP08-/3-0/ IROBJXSON.DOC s • § 161 .04 DISTRICT R-1 : LOW C. Density. DENSITY RESIDENTIAL. SINGLE- TWO FAMILY A. Purpose. The Low Density FAMILY DWELLINGS Residential District is designed to permit DWELLINGS and encourage the development of low 4 or Less Families 7 or Less Families density detached dwellings in suitable Per Acre Per Acre environments, as well as to protect existing development of these types. B. Uses. D. Bulk and Area Regulations. Single- Two-Family 1 . Permitted Uses. Family Unit I City-Wide Uses by Right Lot 70 ft. 80 ft. Minimum Unit 26 Single-Family Dwelling Width 2. Lot Area 8,000 sq. ft. 12,000 sq.ft. Uses Minimum Permissible on Appeal to the Planning Land Area 8,000 sq. ft. 6,000 sq. ft. Commission. Per Unit 2 City-Wide Uses by Conditional Dwelling Use Permit Unit Unit 3 Public Protection and Utility E. Yard Requirements (feet). Facilities FRONT SIDE REAR Unit 4 Cultural and Recreational YARD YARD YARD Facilities Unit 8 Single-Family and Two- 25 8 20 Family Dwellings F. Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991 , § 160.031 ) H.IUSERSICOMMONIDA WNnREPOR7SIPC18-I3-OII ROBINSON.DOC