HomeMy WebLinkAboutOrdinance 4393 ORDINANCE NO. 4393
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02- 12.00 FOR A PARCEL
CONTAINING APPROXIMATELY 4. 10 ACRES LOCATED AT 2231
MARKHAM ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY
JULIAN AND JANE ARCHER.
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 R- 1 , Low Density Residential to A- 1 , Agricultural as shown 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 215` day of May, 2002.
APPROVED:
o
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By: 4 &14�
?Itt� o
AYE DAN COODY, Mayo Cn L i 'n
(/
v � r5 :1C /mom
l � �4 Lo 4 J
t !Y
ea s dt iff, City Cler1.
200 71x73
• • Ord . 4393
EXHIBIT "A"
A PORTION OF PARCEL 765- 14529-000 DESCRIBED AS FOLLOWS : PART OF THE NORTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17
IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, DESCRIBED AS ONE ACRE IN THE
NORTHWEST CORNER THEREOF, DESCRIBED AS BEGINNING AT THE NORTHWEST
CORNER OF SAID 40 ACRE TRACT, AND RUNNING, THENCE EAST 208.67 FEET;
THENCE SOUTH 208.67 FEET; THENCE WEST 208.67 FEET; THENCE NORTH 208.67 FEET
TO THE POINT OF BEGINNING CONTAINING 1 .0 ACRES, MORE OR LESS. ALSO, A
PORTION OF PARCEL 765- 14525-000 BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17 TOWNSHIP 16 NORTH OF RANGE 30 WEST OF THE 5T" P.M.,
EXCEPT ONE ACRE OUT OF THE NORTHWEST CORNER THEREOF, CONTAINING 19
ACRES, MORE OR LESS. SUBJECT TO A 20 FOOT ROADWAY ACROSS THE NORTH SIDE
THEREOF, AND A 20 FOOT ROADWAY EXTENDING FROM SAID MENTIONED
ROADWAY IN A SOUTHERLY DIRECTION ACROSS SAID 19 ACRES. LESS AND EXCEPT
THE FOLLOWING DESCRIBED TRACT, TO-WIT: PART OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 16
NORTH OF RANGE 30 WEST, MORE PARTICULRALY DESCRIBED AS FOLLOWS, TO
WIT: BEGINNING NORTH 1 DEGREE 02 MINUTES EAST 660 FEET FROM THE SOUTH
WEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND
RUNNING THENCE NORTH 89 DEGREES 22 MINUTES EAST 317 FEET TO POINT OF
BEGINNING OF LAND TO BE EXCEPTED; THENCE NORTH 0 DEGREES 48 MINUTES
EAST 339.3 FEET TO A ROAD; THENCE WITH EAST LINE OF ROAD NORTH 38 DEGREES
34 MINUTES EAST 113 .9 FEET; THENCE NORTH 4 DEGREES 21 MINUTES EAST 222.4
FEET TO A FENCE ALONG SOUTH SIDE OF MARKHAM ROAD; THENCE SOUTH 89
DEGREES 43 MINUTES EAST 913 FEET TO A FENCE CORNER; THENCE SOUTH 0
DEGREES 40 MINUTES WEST 633 .5 FEET TO A FENCE CORNER; THENCE SOUTH 89
DEGREES 22 MINUTES WEST 1002. 1 FEET TO THE POINT OF BEGINNING, CONTAINING
14.4 ACRES, MORE OR LESS . ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED
TRACT: A PART OF THE SOUTHEAST QUARTER (SE '/<) OF THE NORTHWEST
QUARTER (NW '/4) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE
POINT WHICH IS NORTH 1 DEGREE 02 MINUTES EAST, 660.00 FEET, ALONG THE '/4
SECTION LINE AND 44.50 FEET, EAST OF THE SOUTHWEST CORNER OF SAID 40 ACRE
TRACT, AND RUNNING THENCE EAST 272 .50 FEET, THENCE NORTH 0 DEGREES 48
MINUTES EAST 339.32 FEET, THENCE SOUTH 58 DEGREES 40 MINUTES WEST 213 .70
FEET, THENCE SOUTH 22 DEGREES 33 MINUTES WEST 247.04 FEET TO THE POINT OF
BEGINNING.
2Q %i21: 71 374
11 Bette Stamps, Circuit Clerk and Ex-officio Recorder
for Washington County, Arkansas, do hereby Certify
that this instrument was filed for record in my office as
indicated hereon and the same is now duly recorded
in Record the acknowledgement andmPage
geaa thereon
r Indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
cated heron.
Bette St
Cir 'd Cler and Ex-officio Recorder
by
0 0
NAME OF FILE: Ordinance No. 4393
CROSS REFERENCE:
05/21 /02 Ordinance No. 4393
Exhibit."A" (Legal Description)(RZN 02- 12 .00)
04/12/02 Planning Division Correspondence
03/26/02 Bill of Assurance from Julian & Jane Archer
03/25/02 Two (2) memos from Julian & Jane Archer
05/07/02 Staff Review Form
05/30/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-12.00 FOR A PARCEL
CONTAINING APPROXIMATELY 4.10 ACRES LOCATED AT 2231
MARKHAM ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY
JULIAN AND JANE ARCHER.
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 R-1 , Low Density Residential to A-1 , Agricultural as shown 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 , 2002!
APPROVED:
By:
DAN GOODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
A PORTION OF PARCEL 765- 14529-000 DESCRIBED AS FOLLOWS: PART OF THE NORTH
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17
IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, DESCRIBED AS ONE ACRE IN THE
NORTHWEST CORNER THEREOF, DESCRIBED AS BEGINNING AT THE NORTHWEST
CORNER OF SAID 40 ACRE TRACT, AND RUNNING, THENCE EAST 208.67 FEET;
THENCE SOUTH 208.67 FEET; THENCE WEST 208.67 FEET; THENCE NORTH 208.67 FEET
TO THE POINT OF BEGINNING CONTAINING 1 .0 ACRES, MORE OR LESS. ALSO, A
PORTION OF PARCEL 765- 14525-000 BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 17 TOWNSHIP 16 NORTH OF RANGE 30 WEST OF THE 5"' P.M.,
EXCEPT ONE ACRE OUT OF THE NORTHWEST CORNER THEREOF, CONTAINING 19
ACRES, MORE OR LESS. SUBJECT TO A 20 FOOT ROADWAY ACROSS THE NORTH SIDE
THEREOF, AND A 20 FOOT ROADWAY EXTENDING FROM SAID MENTIONED
ROADWAY IN A SOUTHERLY DIRECTION ACROSS SAID 19 ACRES. LESS AND EXCEPT
THE FOLLOWING DESCRIBED TRACT, TO-WIT: PART OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THENORTHWEST QUARTER OF SECTION 17, TOWNSHIP 16
NORTH OF RANGE 30 WEST, MORE PARTICULRALY DESCRIBED AS FOLLOWS, TO
WIT: BEGINNING NORTH I DEGREE 02 MINUTES EAST 660 FEET FROM THE SOUTH
WEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND
RUNNING THENCE NORTH 89 DEGREES 22 MINUTES EAST 317 FEET TO POINT OF
BEGINNING OF LAND TO BE EXCEPTED; THENCE NORTH 0 DEGREES 48 MINUTES
EAST 339.3 FEET TO A ROAD; THENCE WITH EAST LINE OF ROAD NORTH 38 DEGREES
34 MINUTES EAST 113 .9 FEET; THENCE NORTH 4 DEGREES 21 MINUTES EAST 222.4
FEET TO A FENCE ALONG SOUTH SIDE OF MARKHAM ROAD; THENCE SOUTH 89
DEGREES 43 MINUTES EAST 913 FEET TO A FENCE CORNER; THENCE SOUTH 0
DEGREES 40 MINUTES WEST 633.5 FEET TO A FENCE CORNER; THENCE SOUTH 89
DEGREES 22 MINUTES WEST 1002. 1 FEET TO THE POINT OF BEGINNING, CONTAINING
14.4 ACRES, MORE OR LESS. ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED
TRACT: A PART OF THE SOUTHEAST QUARTER (SE ''/a) OF THE NORTHWEST
QUARTER (NW ''/a) OF SECTION 17, TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE
POINT WHICH IS NORTH I DEGREE 02 MINUTES EAST, 660.00 FEET, ALONG THE %<
SECTION LINE AND 44.50 FEET, EAST OF THE SOUTHWEST CORNER OF SAID 40 ACRE
TRACT, AND RUNNING THENCE EAST 272.50 FEET, THENCE NORTH 0 DEGREES 48
MINUTES EAST 339.32 FEET, THENCE SOUTH 58 DEGREES 40 MINUTES WEST 213 .70
FEET, THENCE SOUTH 22 DEGREES 33 MINUTES WEST 247.04 FEET TO THE POINT OF
BEGINNING.
FAYETTEVILLE
0
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: April 12, 2002
RZN 02-9.00: Rezoning (Archer, pp 481) was submitted by Julian & Jane Archer for property
located at 2231 Markham Road. The property is zoned R- 1 , Low Density Residential and
contains approximately 18.80 acres. The request is to rezone to A- 1 , Agricultural.
RZN 02-12.00: Rezoning (Archer, pp 481) was submitted by Julian & Jane Archer for property
located at 2231 Markham Road. The property is zoned R- 1 , Low Density Residential and
contains approximately 4. 10 acres. The request is to rezone to A- 1 , Agricultural.
RECOMMENDATION:
Staff recommends approval of the requested rezonings based on the findings included as
part of this report. (Note: Each request requires separate action by the Planning Commission.)
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: April 22, 2002. '; -
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: May 7, 2002 (V reading)
Comments:
H IUSERSICOMMOMDAWNTREPOR7SIPC11001 reportslarcher_nn01-9&/2.doc
BACKGROUND:
The subject property was an area which housed horses and other barnyard animals for many
generations until the late 1990's. At that time, the owners decided not to maintain horses on the
property until a new barn could be constructed to replace one that was in poor repair. Because
the property as well as the acreage surrounding it was zoned R- 1 in 1970, once the animals were
removed and six months passed, the non-conforming condition of permitting the animals in a
residential zoning district was no longer a grandfathered right for the property owners.
Recently, a building permit was requested for a new barn for this applicant. The intent is to
replace the old barn and to reestablish the use of the property for boarding and running horses
owned by the property owners. Because of the current zoning of the property, staff made the
applicant's aware that the uses that they were proposing were not permitted and that a rezoning
would be necessary.
The applicant's have requested this rezoning in order to be able to use the pastures and barns on
the property for their horses. They have further offered a Bill of Assurance in order to guarantee
that the property is not used for purposes in the future which may be undesirable, such as chicken
houses, feed or hog lots, trailer park, cemetery, crematorium, mausoleum, hospital and
convalescent home.
This proposal is to downzone and to further restrict the property owner's development rights for
the subject properties. Approval of these actions will result in the development of fewer single
family homes or other types of dwellings in this area. It is necessary for this property to be zoned
for agricultural uses in order for the applicant to keep horses in this location.
Prior to the issuance of a building permit for the barn proposed by the applicant, an accurate,
scaled site plan will be required in order to ensure compliance with supplemental conditions
which are prescribed for uses described in § 163 .06 and stated below:
§163.06 ANIMALS AND FOWL. The following uses, where permitted, shall be conducted no
nearer than the following stated number of feet to the boundary of an R district, or to a dwelling
on the same premises:
50 Feet
Animal Hospital : serving household pets
and similar small animals
Commercial Breeding, Raising, Boarding:
breeding, raising, or boarding of
household pets or similar small animals
for commercial purposes
Kennel
Egg Farm
H.IUSERSICOMMOMDA W[IREPOR7WC12002_reportalarcher_r n02-9&2.doc
100 Feet
Animal Hospital: serving livestock and
similar animals
Boarding or Training of Horses
Dairy Farm
Poultry Farm
Farm: for raising cattle, goats, horses,
sheep, rabbits, and poultry
200 Feet
Hog Raising
Livestock: assembly, breeding, feeding,
sales or shipment
(Code 1991 , § 160.078; Code 1965, App. A, Art. 7(3); Ord. No. 1747, 6-29-70)
SURROUNDING LAND USE AND ZONING
North: Single family homes / large acreages, R- 1
South: Single family homes / large acreages, R- 1
East: Single family homes / large acreages, R- 1
West: Single family homes / large acreages, R- 1
INFRASTRUCTURE:
Access to the subject property is from Markham and Sang Streets. These are residential streets
with open ditches which provide access to the University Heights neighborhood west of the
University of Arkansas campus. Water is available and serves the existing residences on other
portions of the applicant's property. Sewer access is not necessary for the proposed use of this
property.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to A- 1 , Agricultural is consistent with the land use plan and compatible with surrounding land
uses in the area.
H:1 USERSICOMMOMDA HN71REPOR7WC12002_reporislarcher_mnO1-9&1.dx
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 and with land use and zoning plans. Prior to 1970,
this property was zoned agriculturally and was used to house and run horses
for the owners. The use of the property will remain primarily residential, as
there are several single family dwellings on the site, but this change will allow
the owners to reestablish their horse barn and to board their horses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: In order to allow for the agricultural use of this area for boarding and riding
horses, this proposed zoning is needed.
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 or
congestion. This downzoning will actually decrease the potential for
additional traffic to the area by restricting the property owner's ability to
further develop the number of residential lots on the property that would be
possible under the current R-1 zoning.
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 not alter the population density.
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.9USE"COMMO"AKNPAEPOR7SIPC11001_reporlslarcher_anO2-9d 2.doc
§ 161.04 DISTRICT R-1 : LOW DENSITY D. Bulk and Area Re ulations.
RESIDENTIAL. Single-Family Two-Family
A. Purpose. The Low Density Residential Lot 70 ft. 80 ft.
District is designed to permit and encourage the Minimum
development of low density detached dwellings in Width
suitable environments, as well as to protect existing
development of these types. Lot Area 8,000 sq. ft. 12,000 sq.ft.
Minimum
B. Uses.
Land Area 8,000 sq. ft. 6,000 sq. ft.
1 . Permitted Uses. Per Dwelling
Unit 1
Unit Uses by Right Unit
Unit 26 Single-Family Dwelling E. Yard Requirements (feet).
FRONT SIDE YARD REAR YARD
2. UsesPermissible on Appeal to YARD
the Plannin a Commission.
Unit 2 City-Wide Uses by Conditional Use 25 8 20
Permit
F. Building Area. On any lot the area
Unit 3 Public Protection and Utility Facilities 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-FAMILY TWO FAMILY
DWELLINGS DWELLINGS
4 or Less Families Per 7 or Less Families Per
Acre Acre
N:1 USERSICOMMOMDA HA71REPOR7SIPC0002_reportsUrcher_mn02-9H2doe
§161 .03 DISTRICT A-1 AGRICULTURAL. areas; obtain economy of public funds in the
providing of public improvements and services of
A. Purposes. The regulations of the orderly growth; conserve the tax base; prevent
Agricultural District are designed to protect unsightly development, increase scenic
agricultural land until an orderly transition to urban attractiveness; and conserve open space.
development has been accomplished;
prevent wasteful scattering of development in rural
B. Uses.
1. Permitted Uses. D. Yard Re uirements feet .
Unit 1 City-Wide Uses by Right FRONT SIDE YARD REAR YARD
YARD
Unit 3 Public Protection and Utility Facilities
35 20 35
Unit 6 Agriculture
Unit 7 Animal Husbandry E. Height Requirements. There shall be no
maximum height limits in the A-1 District, provided,
Unit 8 Single-Family and Two-Family however, that any building which exceeds the height
Dwellings of 15 feet shall be setback from any boundary line of
any residential district a distance of 1 .0 foot for each
2. Uses Permissible on Appeal to foot of height in excess of 15 feet. Such setbacks shall
be measured from the required yard lines.
the Plannin Commission.
Unit 2 City-Wide Uses by Conditional Use (Code 1991 , §160.030; Code 1965, App. A, Art. 5(I);
Permit Ord. No. 1747, 6-29-89)
Unit 4 Cultural and Recreational Facilities
Unit 20 Commercial Recreation; Large Sites
C. Bulk and Area Re ulations.
Lot Width Minimum 200 ft.
Lot Area Minimum:
Residential 2 acre
Nonresidential 2 acre
Lot Area Per Dwelling Unit 2 acre
Ha USERSCOMMOMDAnN71REPORTSIPC0002_reportslarcher_nn02-9d d.doc
RZN02-12.00
Future Landuse
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Legend
Overview
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BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
thq s ler, developgt buyer.o this rop ty, (hereinafter "Petitioner")
Lug yn)- (ytite} Ihereby voluntarily offers this
of Assurance4d enters into this binding agreement and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioner or Petitioner's
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and
Petitioner's property shall be restricted as follows IF Petitioner's rezoning is
approved by the Fayetteville City Council.
1. The use of Petitioner's property shall be limited to
2. Other restrictions including number and type of structures upon the
property are limited to
3. Specific activities will not be allowed upon petitioner's property
1 I. i
include
4. (Any other terms or conditions)
5. Petitioner specifically agrees that all such restrictions and terms shall
run with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council. This Bill of Assurance
shall be filed for record in the Washington County Circuit Clerk's Office after
Petitioner's rezoning is effective and shall be noted on any Final Plat or Large
Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHE
conditions stated above,�/�
owner, developer or buyer
sign my name below.
the
all s ch assurances and
J
fl4te /75 %j, Pri ame
ay
�/ 9� %� 7CJ l iC/LC�I
Address sa3r'2
S. ature
STATE OF ARKANSAS
COUNTY OF WASHINGTON
And now qqrr this
before me, i,sA I 1
after being placed upon his/her oath swore or d.tb&t.he/she._greed with
the terms of the above Bill of Assurance and si
NOTARY PUBL n
My Commission � fires: �}��'�� Q ,f`i
NOTARY OATH
of________ C R . 200
. .
March 25, 2002
We, Julian and Jane Archer, submit that we are the sole
owners of the property in question and that it is not for sale now or
in the foreseeable future. It has been in the Pratt -Markham -
Waterman -Archer family for 102 years and home to a succession of
horses and other farm animals continuously during that time until
very recently. It has only now (on March 19, 2002) come to our
attention that our grandfathered right to keep farm animals on this
property lapsed when we ceased having horses there because the
barn was in such poor condition and we were unaware of the
ordinance that states that after a six month lapse we would lose our
right to keep animals. Three or four years ago we decided not to
replace the horses until we could build a new barn. Toward that
end, we have been purchasing structural timbers from Colorado and
oak siding from around here and drawing up plans for a new barn.
The design is a classical gambrel roof, oak board and batten, red
and white, 15 horse stall barn to replace the old 12 stall barn. We
would not have more than 20 horses and more -than -likely nowhere
near that number.
We understand that the only way we can replace the horses
and build a new barn is to have the property rezoned A-1 (from R-
1). Since we own all of the property surrounding the larger (a large
pasture consisting of a parcel and a portion of another parcel) of
the two properties at issue here, no neighbors will be impacted in
any way by rezoning of the parcels, not even visually
On the same family property is a second (with two stalls) barn
in good condition. This parcel as well as an adjacent one acre parcel
need to be rezoned A-1 in order for horses to be there. The only
effect on neighbors of rezoning these two smaller parcels adjacent
to Sang Street will be the eventual pleasure of looking at horses
instead of an empty barn and pasture.
It should be evident to everyone in the neighborhood by now
that -horses or no horses —we have no intention of developing this
hilltop property or selling it to developers, though our petitioning to
have it rezoned to a more restrictive category could come only as
positive news nonetheless. There will, of course, be no increase in
traffic as a result, no change in appearance, and no signage.
0
The preservation of green spaces and areas with rural
character within urban boundaries not only enhances the beauty,
diversity, and texture of a city, but it touches the human spirit
profoundly. And for city dwellers, children especially, to be able to
see animals in a beautiful, unspoiled setting on a regular basis is
psychologically healthy and moves humanity closer to a kinder,
gentler society.
There is a one -inch water line near the new barn site and both
of the pasture areas are served by year-round springs. This hilltop
area is served by septic systems rather than city sewer.
and Jane Archer
0
March 25, 2002
To the members of the Fayetteville Planning Commission:
We wanted very much to be present at the Planning
Commission meeting to which our rezoning request is being
submitted, especially since the barn project and having horses is
very important to us, but it would entail canceling my, Julian's,
classes at Drake University where I teach, and a fast turnaround trip
from Des Moines to Fayetteville for a few minutes of appearance
before the Commission.
We trust that our proposal will speak for itself and have,
further, appointed as our representative Mr. Winston Winston who,
as overseer of our property in Fayetteville, is knowledgeable and can
answer most of the questions and concerns you may have.
Sin rely,
Icher
Archer
E
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of May 7, 2002.
FROM:
Tim Conklin Planning Urban Development
Name
Division Department
ACTION REQUESTED: To approve an ordinance for RZN 02-12.00 as
submitted by Julian & Jane Archer for property located at 2231
Markham Road. The property is zoned R-1, Low Density Residential
and contains approximately 4.10 acres. The request is to rezone to
A-1, Agricultural.
COST TO CITY:
$0
Cost of this request Category/Project Budget Category/Project Name
Account Number Funds used to date
Project Number Remaining balance
Program Name
Fund
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Services Director
Budget
Coordinator
Administrative
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
co ntin anager Date ADA Coordinator Date
to ney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommends approval. This item is
scheduled to be heard by the Planning Commission on Monday, April
22, 2002.
eec
Date
rDate
ve Services Date
4at�
&US
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEVItLE
THE CITY OF fAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Division
From: Heather Woodruff, City Clerk
Date: May 30, 2002
Please find attached a copy of Ordinance No. 4393 rezoning petition RZN 02-12.00 for a parcel
containing approximately 4.10 acres located at 2231 Markham Road, Fayetteville, Arkansas, as
submitted by Julian and Jan Archer. The original will be microfilmed and filed with the City
Clerk
cc: Nancy Smith, Internal Audit
010 03 City f Fayetteville 5/28/2002
update Index Maintenance 15:29:23
Document item' Action
Reference Date Ref. Taken Brief Description
ORD 5212002 4393 RZN 02-12.00/2231 MARKHAM ROAD
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Enter Keywords........: ORD. 4393
REZONING
RZN 02-12.00
4.10 ACRES
2231 MARKHAM ROAD
JULIAN AND JANE ARCHER
ARCHER, JULIAN
ARCHER, JANE
File Reference #......: MICROFILM
Security Class........: Retention Type:
Expiration Date.......: **** Active ****
Date for Cont/Referred:
Name Referred to......:
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