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HomeMy WebLinkAboutOrdinance 4408 ORDINANCE NO. 4408 AN ORDINANCE NULLIFYING, REVOKING AND REPLACING REZONING ORDINANCE NO. 4403. WHEREAS, Ordinance No. 4403 rezoned that property described in rezoning petition RZN 02-14.00 for a parcel containing approximately 3.12 acres located at the Northeast corner of Crossover and East Zion Road from A-1, Agricultural to R-O, Residential Office; and WHEREAS, changes in the location of the crematorium within the development have caused the need to amend the original legal description for that portion of the property to remain A-1, Agricultural. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Ordinance No. 4403 is hereby nullified, revoked, and replaced and the property described therein as set out in Exhibit A attached hereto is hereby changed as follows: From R-O, Residential Office to A-1, Agricultural. Section 2. That the official zoning map of the City of Fa v7 r Arkansas, is hereby amended to reflect the zoning change in Section 1 ab Z . o mo 6 PASSED and APPROVED this the 161h day of July, 2002. � G' o0 0 Do APPRO D: "a c- ='r rn 0 By: y n DAN COODY, Mayor "i ATTEST: BY: City Clerk tp � CSL 2C _D2 71 ? g9 c RZN 02- 14. 1 EXHIBIT "A" DESCRIPTION OF REZONING FROM A- 1 TO R-0 A PART OF THE SE '/a OF THE NW '/< AND A PART OF THE SW % OF THE NW '/a OF SECTION 19, T- 17-N, R-29-W DESCRIBED AS COMMENCING AT THE NE CORNER OF SAID SE '/a OF THE NW 1 /4; THENCE SO'21 '03"W 687.76 FEET; THENCE ALONG AN AGREED BOUNDARY LINE, N 89045 '41 "W 621 .58 FEET TO A FOUND IRON PIN; THENCE SO°21 '03"W 161 .64 FEET; THENCE ALONG CENTERLINE OF EAST ZION ROAD, S88003 '31 "W 544.62 FEET; THENCE S 86° 46' 1 0"W 149.08 FEET; THENCE ALONG EAST RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 265 N1 °02 '50"W 211 .42 FEET TO A SET IRON PIN; THENCE S 89045 '41 "E 698. 15 FEET TO A SET IRON PIN; THENCE S 0°21 '03"W 20.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 3 . 12 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SAID TRACT SUBJECT TO 35 FEET OF RIGHT OF WAY FOR EAST ZION ROAD ON THE SOUTH SIDE THEREOF. LESS AND ACCEPT TO REMAIN A- 1 A PART OF THE SE '/e OF THE NW '/a OF SECTION 19, TOWNSHIP 17 N. RANGE 29 W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF THE SE '/4 OF THE NW %4 OF SAID SECTION 19; THENCE SOUTH 00°21 '03" WEST 687.76 FEET; THENCE NORTH 89°45 ' 41 " WEST 621 .58 FEET; THENCE NORTH 00°21 '03" EAST 20.00 FEET; THENCE NORTH 89045141 " WEST 499.26 FEET; THENCE SOUTH 11 . 19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID LINE, A DISTANCE OF 22.25 FEET; THENCE WEST 9.33 FEET; THENCE NORTH 22.25 FEET; THENCE EAST 9.33 FEET TO THE POINT OF BEGINNING, CONTAINING 207.37 SQUARE FEET. 2Q 021713490 11 Bette Stamps, Clrcult Clark and Ex•off cio Recorder for Washington County, kkanaes, do hereby certify that this Instrument was filed for record In my office as Indicated hereon and the same Is now duly recorded With the acknowledgement and certificate thereon in Record Book and Page as Indicated thereron. IN WITNESS WHEREOF, I have hereunto s^t my hand and affixed the s ' of said Court on the date indi- cated hereon. Bene Ste s Circ ark a d io Recorder by 0 0 NAME OF FILE: Ordinance No. 4408 CROSS REFERENCE: 07/16/02 Ordinance No. 4408 Exhibit "A" (RZN 02- 14.00/Ordinance No. 4403) 07/03/02 Planning Division Correspondence to Mayor Coody 06/18/02 Copy of Ordinance No. 4403 06/18/02 Copy of Staff Review Form 05/31/02 Plamiing Division Correspondence to Mayor Coody and Fayetteville City Council 05/22/02 Planning Division Correspondence to Fayetteville Planning Commission 07/16/02 Staff Review Form 07/18/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO . AN ORDINANCE NULLIFYING AND REVOKING REZONING ORDINANCE NO . 4403 . WHEREAS , Ordinance No . 4403 rezoned that property described in rezoning petition RZN 02 - 14 . 00 for a parcel containing approximately 3 . 12 acres located at the Northeast corner of Crossover and East Zion Road from A- 1 , Agricultural to R - O , Residential Office ; and WHEREAS , changes in the location of the crematorium within the development have caused the need to amend the original legal description for that portion of the property to remain A- 1 , Agricultural . NOW THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Ordinance No . 4403 is hereby nullified , revoked , and replaced and the property described therein as set out in Exhibit A attached hereto is here by changed as follows : From R- O , Residential Office to A- 1 , Agricultural . Section 2 . That the official zoning map of the City of Fayetteville , Arkansas , is hereby amended to reflect the zoning change in Section 1 above . PASSED AND APPROVED this day of 2002 APPROVED : By : Mayor Coody ATTEST : By . DRAF Heather Woodruff , City Clerk 0 ORDINANCE NO . AN ORDINANCE NULLIFYING AND REVOKING REZONING ORDINANCE NO . 4403 . WHEREAS , Ordinance No . 4403 rezoned that property described in rezoning petition RZN 02 - 14 . 00 for a parcel containing approximately 3 . 12 acres located at the Northeast corner of Crossover and East Zion Road from A- 1 , Agricultural to R - O , Residential Office ; and WHEREAS , changes in the location of the crematorium within the development have caused the need to amend the original legal description for that portion of the property to remain A- 1 , Agricultural . NOW THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Ordinance No . 4403 is hereby nullified , revoked , and replaced and the property described therein as set out in Exhibit A attached hereto is here by changed as follows : From R - O , Residential Office to A- 1 , Agricultural . Section 2 . That the official zoning map of the City of Fayetteville , Arkansas , is hereby amended to reflect the zoning change in Section 1 above . PASSED AND APPROVED this day of 2002 APPROVED : ��� By : pR Mayor Coody ATTEST : By : pRA-F Heather Woodruff , City Clerk e RZN 02-14. 1 EXHIBIT "A" DESCRIPTION OF REZONING FROM A- 1 TO R-0 A PART OF THE SE '/4 OF THE NW '/4 AND A PART OF THE S W '/4 OF THE NW '/4 OF SECTION 19, T-17-N, R-29-W DESCRIBED AS COMMENCING AT THE NE CORNER OF SAID SE /40F THE NW 1/4; THENCE SO'21 '03"W 687.76 FEET; THENCE ALONG AN AGREED BOUNDARY LINE, N 89°45 '41 "W 621 .58 FEET TO A FOUND IRON PIN; THENCE SO°21 '03"W 161 .64 FEET; THENCE ALONG CENTERLINE OF EAST ZION ROAD, S88°03 "31 "W 544.62 FEET; THENCE S 86` 46 ' 1 0"W 149.08 FEET; THENCE ALONG EAST RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 265 NI `02 '50"W 211 .42 FEET TO A SET IRON PIN; THENCE S 89945 '41 "E 698. 15 FEET TO A SET IRON PIN; THENCE S 0°21 '03"W 20.00 FEET, TO THE POINT OF BEGINNING, CONTAINING 3 . 12 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SAID TRACT SUBJECT TO 35 FEET OF RIGHT OF WAY FOR EAST ZION ROAD ON THE SOUTH SIDE THEREOF. LESS AND ACCEPT TO REMAIN A- 1 A PART OF THE SE /40F THE NW '/4 OF SECTION 19, TOWNSHIP 17 N. RANGE 29 W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NE CORNER OF THE SE /40F THE NW Y4 OF SAID SECTION 19; THENCE SOUTH 00`21 '03" WEST 687.76 FEET; THENCE NORTH 89045 ' 4111 WEST 621 .58 FEET; THENCE NORTH 00'21 '03" EAST 20.00 FEET; THENCE NORTH 89`45 '41 " WEST 499.26 FEET; THENCE SOUTH 11 . 19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID LINE, A DISTANCE OF 22.25 FEET; THENCE WEST 9.33 FEET; THENCE NORTH 22.25 FEET; THENCE EAST 9.33 FEET TO THE POINT OF BEGINNING, CONTAINING 207.37 SQUARE FEET. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner THRU: Hugh Earnest, Urban Development Director DATE: July 3, 2002 BACKGROUND This property was rezoned from A- 1 to R-O at the June 18, 2002 City Council meeting. The intent of the rezoning was to rezone the entire tract to R-O with the exception of a small piece in which a crematorium was to be located. The large scale development was submitted and it was discovered that the area in which the crematorium was to be located did not fall within the remaining A- 1 district. Therefore, the applicant is now requesting that the rezoning be amended in order to accommodate the location of the crematorium. CURRENTSTATUS Staff recommended the rezoning and the Planning Commission voted 5-0- 1 to recommend the rezoning to the City Council. City Council approved the original request with a vote of 7-0-0. RECOMMENDATION Staff and the Planning Commission recommend approval of the requested ordinance to revoke the original rezoning and to adopt the amended legal description to accommodate the final location for the crematorium. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner THRU: Hugh Earnest, Urban Development Director DATE: July 3, 2002 BACKGROUND This property was rezoned from A- 1 to R-0 at the June 18, 2002 City Council meeting. The intent of the rezoning was to rezone the entire tract to R=0 with the exception of a small piece in which a crematorium was to be located. The large scale development was submitted and it was discovered that the area in which the crematorium was to be located did not fall within the remaining A- 1 district. Therefore, the applicant is now requesting that the rezoning be amended in order to accommodate the location of the crematorium. CURRENTSTATUS Staff recommended the rezoning and the Planning Commission voted 5-0- 1 to recommend the rezoning to the City Council. City Council approved the original request with a vote of 7-0-0. RECOMMENDATION Staff and the Planning Commission recommend approval of the requested ordinance to revoke the original rezoning and to adopt the amended legal description to accommodate the final location for the crematorium. C:1BEsyvM2 hTv* 9T7-NEISON GRADE LSD <.dw& OVISM 11:180 FjP Luckl♦ - e; Aj i r / / I r / � / zaz tl NC w / %4MR / I I I 12 M � I i C:-. xM1 WwCATmj977-NELSON GRADE LSD 4.dn.062VM 11:18NP Luclol♦ . � • 5 / I y / I / log ; lol / / 1 /I DDZ� z J C i / I // RNC cr 8 �4g Co 7 I rn I r I ® I jh / 127 I I I I I 12 10 I W ORDINANCE NO, 4403 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02- 14.00 FOR A PARCEL CONTAINING APPROXIMATELY 2.80 ACRES LOCATED AT THE NORTHEAST CORNER OF CROSSOVER (HWY 265) AND EAST ZION ROAD, FAYETTEVILLE, ARKANSAS,AS SUBMITTED BY RAYMOND SMITH ON BEHALF OF JOHN AND JANET KESNER. 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-0, Residential Office 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 18`h day of June, 2002. APPROVED: By: z1 L E pY E f 14 DAN COODY, Mayor �.,. �! oodruff, City Cler