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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 / cn r— 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