HomeMy WebLinkAboutOrdinance 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
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RZN01-14.00
Future Landuse
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Legend
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Private Open Space
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Mixed Use
Office
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Community Commercial
Neighborhood Commercial
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Industrial
University
R1N01-14m00 ROBINSON
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Planning Commission
August 13, 2001
Page 8
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.
Estes: The next item to come before your Commission is a rezoning request 01-14.00
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. Staff recommends approval of the requested rezoning based on
the findings included as a part of your report. Is the applicant present?
Treat: My name is Donna Treat with Coldwell Banker Faucette Real Estate and I represent
Greg and April Robinson, the owners.
Estes: Donna, do you have any presentation that you would like to make to us or would you
like to just be available to answer questions from the Commission?
Treat: I have no presentation.
Estes: Commissioners, do you have any questions of Ms. Treat regarding this rezoning
request?
PUBLIC COMMENT:
Estes: Seeing none, is there any member of the audience who would like to provide comment
regarding this rezoning request?
COMMISSION DISCUSSION:
Estes: Seeing none, I'll bring it back to the Commission for motions, comments or any
questions of the applicant.
MOTION:
Man: I would like to move for approval of rezoning 01-14.00 to recommend to City Council.
Shackelford: I'll second.
Planning Commission
August 13, 2001
Page 9
Estes: We have a motion by Commissioner Marr and second by Commissioner Shackelford
to approve RZN 01-14.00, is there any discussion or comments? Sheri, would you
call the roll?
ROLL CALL:
Upon roll call RZN 01-14.00 is approved by a unanimous vote of 8-0-0 and will be forwarded on to
the City Council for their determination.
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of September 4, 2001.
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED: To approve an ordinance for RZN 01-14.00 submitted by Donna
Treat of Coldwell Banker Faucette on behalf of Greg & April Robinson for property
located at 1245 N. Si" Street. The property is zoned A-1, Agricultural
containing approximately 2.26 acres. The request is to rezone to R-1, Low
Density Residential.
COST TO CITY:
Cost of this request Category/Project Budget Category/Project Name
Account
Number
Funds used to date
Program Name
Fund
Project
Number
Remaining balance
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accountin M na er D e ADA Coordinator Date
City Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission voted
6-0-0 to recommend and forward the rezoning to the City Council.
•• !-c_..a 7 Cross Reference
Div's'on ad Date
D ar ire o Vat New Item: Yes No
Administrative Services Prev Ord/Res#:
Di •tor
Mayor Date Orig Contract Date:
FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Division
From: Heather Woodruff, City Clerk
Date: September 13, 2001
Attached is a copy of Ordinance No. 4335 re -zoning property described in RZN 01-14.00 as
submitted by Donna Treat of Coldwell Banker Faucette on behalf of Greg & April Robinson.
The original will be microfilmed and filed with the City Clerk.
cc: Ed Connell, Engineering
Scott Caldwell, Information Tech.
John Goddard, Information Tech.
Arkansas Democrat n. S
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AFFIDAVIT OF PUBLICATION
i, _____ ________ ______ ----, du suluunly
swear (hail am Lcgal Clerk of the Arkansas
Democrat-CazctleNewspaper, printed and pub Iished at Lowell,
Arkansas and that liom my own personal kilt) wletIge and
reference to the
fi�les of said publication the advertisement of
Was inserted in the regular editions on
Publication Charge _ t --V o , t'/ 9
Purchase Order Ii
Subscribed and sworn to before me this
)4"A day of 2001.
LAS 8�Y6�is`ry` c�
My commission cxpirc�#" «l�CathcSinZ of Atka°sas';
date ..,
ot`�� sh»t8�pices
M9 C°'nPtssicc «, ct. c�
.,
P.O. Box 1607, 212 N. East Avenue, Faycttcvitic, Arkansas 727Q1,(501)57 1-6467
NO.4335
r
09-18-01A08:35 RCVD
FAYETTEtILLE
•
THE CITY OF FAYETTEVILLE, ARKANSAS
September 10, 2001
Donna Treat
Caldwell Banker
Fayetteville, Arkansas 72701
Dear Ms. Treat:
1245 N. Fifty -First Street, Fayetteville, Arkansas.
On September 4, 2001, the Fayetteville City Council voted unanimously to rezone 2.26 acres
located 1245 N. Fifty -First Street from A -1, Agricultural to R-1, Low Density Residential. The
ordinance approving this rezoning is in the process of being signed and filed at the Circuit
Clerk's office.
If I can be of further assistance or if you need a copy of the ordinance, please contact my office at
575-8323.
Sincerely,
Heather Woodruff
City Clerk
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257