HomeMy WebLinkAboutOrdinance 4414 ORDINANCE NO, 4414
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-22.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .32 ACRES LOCATED AT
2975 OLD FARMINGTON ROAD, FAYETTEVILLE, ARKANSAS,
AS SUBMITTED BY TOM SHACKELFORD
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, 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 3`d day of September, 2002.
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APPROVED: N f=
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By: �� �� CO �
DAN COODY, Ma 3� X ,
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Ord . 4414
EXHIBIT "A"
RZN 02-22.00
PART OF THE NW '/4 OF THE NE '/< OF SECTION 19, TOWNSHIP 16 NORTH, RANGE
30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NW CORNER OF SAID NW /40F THE NE '/4, THENCE
SOUTH 983 .27 FEET, THENCE EAST 197. 75 FEET TO THE POINT OF BEGINNING,
THENCE N84027'4799E 173 .60 FEET, THENCE N00024135"W 393 .21 FEET, THENCE
S44030' 1799W 280.50 FEET, THENCE S0701315799E 211 .59 FEET TO THE POINT OF
BEGINNING, CONTAINING 1 .32 ACRES, AND SUBJECT TO ANY AND ALL
EASEMENTS OF RECORD OR FACT.
20 ' .) 71 399
s f�
I, 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 harem and the same is now duly recorded
with the acknowledgement and cerUficate thereon
in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, ! have her=unto set my
hand and affixed the seal of said Court on the date indi-
cated her n.
Bette Stems
Cir Cl and Fx-offiao Recorder
Ib
NAME OF FILE: Ordinance No. 4414
CROSS REFERENCE:
09/03/02 Ordinance No. 4414
Exhibit "A" Legal Description for RZN 02-22.00 (approx. 1 .5 acres
located at 2975 Old Farmington Road, Fayetteville, AR, as submitted by
Tom Shackelford
3 07/22/02 Planning Division Correspondence
4G 07/22/02 Planning Commission Minutes (Pages 43-44)
j 08/20/02 Staff Review Form
/ 09/06/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
�O Clerk
NOTES :
ORDINANCE NO,
RZN 02-22.00
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-22.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1.5 ACRES LOCATED AT 2975 OLD
FARMINGTON ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED
BY TOM SHACKELFORD
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, 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 COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 02-22.00
PART OF THE N W '/4 OF THE NE '/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE
30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SAID NW '/4 OF THE NE '/4, THENCE
SOUTH 983.27 FEET, THENCE EAST 197.75 FEET TO THE POINT OF BEGINNING,
THENCE N84027'47"E 173 .60 FEET, THENCE N00024'35"W 393 .21 FEET, THENCE
S44030' 17"W 280.50 FEET, THENCE S07013757"E 211 .59 FEET TO THE POINT OF
BEGINNING, CONTAINING 1 .32 ACRES, AND SUBJECT TO ANY AND ALL
EASEMENTS OF RECORD OR FACT.
40
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: July 22, 2002
RZN 02-22.00: Rezoning (Shackelford, pp 558) was submitted by Tom Shackelford for
property located at 2975 Old Farmington Road. The property is zoned A-1 , Agricultural and
contains approximately 1 .5 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: July 22, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: August 20, 2002 ( 1st reading)
Comments:
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BACKGROUND:
The applicant is proposing to split his lot in order to sell a lot to an individual interested in
building a single family home. The lot is 1 .32 acres and zoned A- ] Agricultural. The site
contains a 1 ,580 square foot house and detached garage on the west side of the property. A single
driveway serves the house and the lot has approximately 500 feet of frontage on Old Farmington
Road, which is a Collector on the Master Street Plan.
The surrounding area is zoned either A- I Agricultural or R- I Low Density Residential. The uses
are primarily agricultural and residential. Across the street to the north is a large metal building.
The applicant is requesting to rezone the property to R- 1 Low Density Residential. The
minimum lot area is the A- 1 district is 2 acres. The existing lot does not meet this requirement-,
therefore it is a legal nonconforming lot. The owner would not be able to split the lot under the
regulations of the A- 1 district. If the property is rezoned to R- 1 , he will meet the minimum lot
requirements of the district, which are 8,000 square feet of land area with 70' of lot width.
The minimum side setback in an R- I zoning district is 8 ' . The west side of the structure appears
to be approximately 6' from the side property line. Therefore, the existing structure does not
meet the setback requirements for an R- 1 district. The lot meets all other bulk and area
requirements of the R- 1 district.
SURROUNDING LAND USE AND ZONING
North: Single-family and large metal building / A- I Agricultural
South: Vacant / R- 1 Low Density Residential
East: Agricultural and single-family residential / A- 1 Agricultural and R- I Low Density
Residential
West: Single-family / A- I Agricultural
INFRASTRUCTURE:
Streets: North: Old Farmington Road, Collector
South: Velda Court, Local
East: N/A
West: One Mile Road, Local
Water: Available
Sewer: Extension of 8" sewer line approximately 100' and adding a manhole.
LAND USE PLAN: General Plan 2020 designates this site as residential. Rezoning this
property to R- I Low Density Residential is consistent with the land use plan and compatible with
surrounding land uses in the area.
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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 rezoning is to a residential district and the Future Land Use
plan shows this site as residential. The proposed R-1 Low Density Residential
zone is consistent with the Future Land Use Plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified at this time as other properties in the area
are zoned R-1 Low Density Residential and used primarily for residential
purposes.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Low density residential development should not significantly 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 should not alter the population density or increase the
load on public services.
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
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From Chapter 161 Zoning Regulations
City of Fayetteville, Unified Development Ordinance
§1¢1_'03 D T_RIC.�T A f�AGRICULTURAI?
which exceeds the height of 15 feet shall be setback
A. Purposes. The regulations of the from any boundary line of any residential district a
Agricultural District are designed to protect distance of 1 .0 foot for each foot of height in excess
agricultural land until an orderly transition to urban of 15 feet. Such setbacks shall be measured from the
development has been accomplished; required yard lines.
prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the (Code 1991 , § 160.030; Code 1965, App. A, Art. 5(I);
providing of public improvements and services of Ord. No. 1747, 6-29-89)
orderly growth; conserve the tax base; prevent
unsightly development, increase scenic
attractiveness; and conserve open space. § 161 .03 ; DIST,RICT 1
R . .;L0WjDENSITY
RESIDENTIAL;.
B. Uses.
1. Permitted Uses. A. Purpose. The Low Density Residential
Unit I City-Wide Uses by Right District is designed to permit and encourage the
development of low density detached dwellings in
Unit 3 Public Protection and Utility Facilities suitable environments, as well as to protect existing
Unit 6 Agriculture development of these types.
Unit 7 Animal Husbandry B. Uses.
Unit 8 Single-Family and Two-Family 1 . Permitted Uses.
Dwellings Unit I City-Wide Uses by Right
Unit 26 Single-Family Dwelling
2. Uses Permissible on Appeal to
the Plannin Z Commission.
Unit 2 City-Wide Uses by Conditional Use 2. UsesPermissible on Appeal to
Permit the PlanninZ Commission.
Unit 4 Cultural and Recreational Facilities Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 20 Commercial Recreation; Large Sites Unit 3 Public Protection and Utility Facilities
Unit 4 Cultural and Recreational Facilities
C. Bulk and Area Re ulations.
Lot Width Minimum 200 ft. Unit 8 Single-Family and Two-Family
Lot Area Minimum: Dwellings
Residential 2 acre
Nonresidential 2 acre C. Density.
Lot Area Per Dwelling Unit 2 acre SINGLE-FAMILY TWO FAMILY
DWELLINGS DWELLINGS
4 or Less Families Per 7 or Less Families Per
D. Yard Requirements (feet). Acre Acre
FRONT SIDE YARD REAR YARD
YARD I D. Bulk and Area Re ulations.
35 20 35 Single-Family Two-Family
Lot 70 ft. 80 ft.
E. Height Requirements. There shall be no Minimum
maximum height limits in the A-1 District, provided, Width
however, that any building
H:\USERS\COMMON\REPORTS\PCREPORTS 2002\ju1y\Sha1x1ford_an 02-22.dm
Lot Area 8,000 sq. ft. 12,000 sq.ft.
Minimum
Land Area 8,000 sq. ft. 6,000 sq. ft.
Per Dwelling
Unit
E. Yard Requirements i feet).
FRONT SIDE YARD REAR YARD
YARD
25 8 20
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 )
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From Chapter 164 Supplementary Regulations with other lots in the same ownership. This provision
City of Fayetteville, Unified Development Ordinance shall apply even though such lot fails to meet the
requirements for area or width, or both, that are
§164.07 NONCONFORMING USES AND generally applicable in the district, provided that yard
STRUCTURES. dimensions and requirements other than these
applying to area or width, of both, of the lot shall
A. Intent. conform to the regulations for the district in which
such lot is located. In a previously developed
1. Within the districts established subdivision, platted prior to June 29, 1970, and with
by this chapter or amendments that may later be the approval of the subdivision committee, a new
adopted, if there exist lots, structure, uses of land and single-family dwelling or an addition or repair to an
structures, and characteristics of use which are lawful existing single-family dwelling may be constructed in
before this chapter was passed or amended, but which all residential zones in keeping with the existing
would be prohibited, regulated, or restricted under the standard in the neighborhood so long as the interior
terms of this chapter or future amendment, it is the side setback is no less than five feet. Variance of yard
intent of this chapter to permit these nonconformities requirements shall be obtained only through action of
to continue until they are removed, but not to the board of adjustment.
encourage their survival. It is further the intent of this
chapter that nonconformities shall not be enlarged 2. If two or more or combination
upon, expanded, or extended, nor be used as grounds of lots and portion of lots with continuous frontage in
for adding other structures or uses prohibited single ownership are of record at the time of passage
elsewhere in the same district. or amendment of this chapter, and if all parts of the
2. It is not the intent of this section lots do not meet the requirements established for lot
to prohibit the improvement of nonconforming width and area, the lands involved shall be considered
residences by adding bath facilities or connecting to to be an undivided parcel for parcel the purposes of
utilities as long as the bulk and area requirements of this chapter, and no portion of said parcel shall be
the R-3 District are met. used or sold in a manner which diminishes
compliance with lot width and area requirements
3. Nonconforming uses are established by this chapter, nor shall any division of
declared by this chapter to be incompatible with any parcel be made which creates a lot with width or
permitted uses in the districts involved. area below the requirements stated in this chapter.
The prohibition prescribed hereby shall not apply to a
4. A nonconforming use of a nonconforming lot on which a principal structure
structure, a nonconforming use of land, or a existed on the effective date of adoption of this
nonconforming use of a structure and land in chapter and which adjoins a nonconforming lot on
combination shall not be extended or enlarged after which a principal structure existed on the effective
passage of this chapter by the addition of other uses date of the adoption of this chapter.
of a nature which would be prohibited generally in
the district involved. (Code 1991 , § 160. 136; Code 1965, App. A, Art.
4(2); Ord. No. 1747, 6-29-70; Ord. No. 2505, 2-20-
(Code 1991 ,§ 160. 135; Code 1965, App. A, Art 4(1 ); 79; Ord. No. 3114, 9-3-85; Ord. No. 3124, 9-17-85)
Ord. No. 1747, 6-29-70; Ord. No. 1918, 5-15-83;
Ord. No. 2126, 7- 14-75) C. Nonconforming Uses of Land (or
Land with Minor Structures Only). Where at the
B. Nonconforming Lots of Record. time of passage of this chapter lawful use of land
exists which would not be permitted by the
1 . In any district in which single- regulations imposed by this chapter, and where such
family dwellings are permitted, a single-family use involves no individual structure with a
dwellings and customary accessory buildings may be replacement cost exceeding $ 1 ,000, the use may be
erected on any single lot of record at the effective continued so long as it remains otherwise lawful,
date of adoption or amendment of this chapter, provided:
notwithstanding limitations imposed by other
provisions of this chapter. Such lot must be in 1. No such nonconforming use
separate ownership and not of continuous frontage shall be enlarged or increased, nor extended to
H:\USERS\COMMON\REPORTS\PCREPORTS 2002\Ju1y\Shake1ford_nn 02-22.dw
so
L7
occupy a greater area of land than was occupied at the
effective date of adoption or amendment of this
chapter.
2. No such nonconforming use
shall be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such use
at the effective date of adoption or amendment of this
chapter.
3. If any such nonconforming use
of land ceases for any reason for a period of more
than 120 days, any subsequent use of such land shall
conform to the regulations in which such land is
located; and
4. No additional structure not
conforming to the requirements of this chapter shall
be erected in connection with such nonconforming
use of land.
(Code 1991, §160.137; Code 1965, App. A, Art.
4(4); Ord. No. 1747, 6-29-70)
D. Nonconforming structures. Where a
lawful structure exists at the effective date of
adoption or amendment of this chapter that could not
be built under the terms of this chapter by reason of
restriction on areas, lot coverage, height, yards, its
location in the lot, or other requirements concerning
the structure, such structure may be continued so long
as it remains otherwise lawful, subject to the
following provisions:
1. No such nonconforming structure
may be enlarged or altered in a way which increases
its nonconformity but any structure or portion thereof
may be altered to decrease its nonconformity,
provided, the following structures may be enlarged or
altered as hereinafter provided:
a. Nonconforming
residential structures may be enlarged or altered by
increasing the height of said structures.
b. Carports in residential
zones may extend into the required yard setbacks if:
the carport is set back at least ten feet from the street
right-of-way; the carport is set back at least five feet
from any interior side property line; the carport is set
back at least ten feet from the rear property line; the
area below the roof is open on the sides; and the
carport does not materially obstruct vision.
c. In residential zones,
yard or rear yard if the awning does not project more
than six feet. Detachable awnings which are not
structurally a part of the building and which project
no more than four feet may be erected in any required
interior side yard.
d. In residential zones,
porch roofs and open porches may extend into
required yards by one foot on each side of the entry
door to a maximum depth of six feet in required front
yards and rear yards and to a maximum depth of four
feet in required interior side yards.
2. Should such nonconforming
structure or nonconforming portion of structure be
destroyed by any means to an extent of more than
50% of its replacement cost at time of destruction, it
shall not be reconstructed except in conformity with
the provisions of this chapter.
3. Should such structure be moved
for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in
which it is located after it is moved.
(Code 1991, §160.138; Code 1965, App. A, Art.
4(4); Ord. No. 1747, 6-29-70; Ord. No. 3130, 10-1-
85)
detachable awnings which are not structurally a part
of the building maybe erected in any required front
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I am sole owner of the property to berezoned I would like to have a lot split on the East side of the parcel.
This would enable me to sell or build on that lot. It is currently zoned A-1. I would request that it be
This rezoning and then possible lot split would result in just one driveway and one 8" sewer line and man
hole. The sewer line would be put in through the current highway easement in conjunction with City
A. The property is designated on the City's Map as future Residential Development.
B. The property tote rezoned to R-1 would make it possible tote subject to a lot split for which I have a
proposed buyer at this time that wants to build a single family dwelling.
C. At present there is only one driveway (mine), in approximately 500 ft of road frontage. I feel that the
D. I don't feel that rezoning my property would increase property density sufficiently to cause any
problems. The water and electricity are already available. I would add just one 8" sewer line
approximately 100 feet, plus one manhole.
E. My property, 1.32 acres, is not large enough for any practical A-1 development. There is already a
1580 sq. ft. house and detached garage on the West side of the property.
STS. m
Tom Shackelford
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Planning Commission N
July 22, 2002
Page 43
RZN 02-22.00: Rezoning (Shackelford, pp 558) was submitted by Tom Shackelford for
property located at 2975 Old Farmington Road. The property is zoned A-1, Agricultural and
contains approximately 1.5 acres. The request is to rezone to R-1, Low Density Residential.
Estes: The next item of business is RZN 02-22.00. I will take just a moment and give
the room time to clear before we take up that item of business. This rezoning
request was submitted by Tom Shackelford for property located at 2975 Old
Farmington Road. The property is zoned A-1, Agricultural and contains
approximately 1.5 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?
Shackelford: Yes.
Estes: Do you have a presentation that you would like to make at this time?
Shackelford: My name is Tom Shackelford, I am the owner of the property and I just am here
to answer any questions you might have of me.
Estes: Thank you Mr.
Shackelford. We will take
public comment and
then if we have
any questions we will come back to you.
Is there any member
of the audience
who would like
to provide public comment on this rezoning request 02-22.00?
Seeing none, I
will bring it back to the
full Commission for
discussion and
questions of Mr.
Shackelford or motions. Is
there any discussion,
or questions for
Mr. Shackelford,
or any motions?
Motion:
Bunch: I have a question. Obviously this is a rezoning request and then the subsequent
lot split will come through later. Maybe I am putting the cart in front of the horse.
I was looking at some elevation problems but that will be dealt with when the lot
split comes through so I really don't have that much of a question. If nobody else
has one I will move that we recommend to the City Council for approval RZN 02-
22.00.
Estes: We have a motion by Commissioner Bunch to recommend approval of RZN 02-
22.00, is there a second?
Ostner: I will second.
Estes: We have a
motion and
a second
to approve RZN 02-22.00 is there any
discussion?
Renee, would
you call the
roll please?
Roll Call: Upon the completion of roll call the motion to forward RZN 02-22.00 to the City
Council with a recommendation for approval was approved by a vote of 6-0-0.
Planning Commission 40 69
July 22, 2002
Page 44
Estes: The motion passes by a unanimous vote of six to zero. Thank you Mr.
Shackelford.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of August 20, 2002.
FROM:
Tim Conklin
Name
Planning
Division
Urban Development
Department
ACTION REQUESTED: To approve an ordinance for RZN 02-22.00 as
submitted by Tom Shackelford for property located at 2975 Old
Farmington Road. The property is zoned A-1, Agricultural and
contains approximately 1.32 acres. The request is to rezone to R-
1, Low Density Residential.
COST TO CITY:
Cost of this request
Account Number
Category/Project Budget
used to date
Project Number Remaining balance
Category/Project Name
Program Name
Fund
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Services Director
Budget
Coordinator
Administrative
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
AccnSing,anager Date ADA Coordinator Date
Sit or ey Date Internal Auditor Date
Purchasing Officer Date
STAFF RECO*ENDATION: Staff recommended approval and on July 22, 20.02
the Planning Commission voted 6-0-0 to recommend the rezoning be
approved by the City Council.
V
Di
0t7N 5eA-+
J 9,w
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Division
From: Heather Woodruff, City Clerk
Date: September 6, 2002
Please find attached a copy of Ordinance No. 4414 Rezoning Petition RZN 02-22.00 for a parcel
containing approximately 1.32 acres located at 2975 Old Farmington Road, Fayetteville,
Arkansas, as submitted by Tom Shackelford. The original will be microfilmed and filed with the
City Clerk.
cc: Nancy Smith, Internal Audit
010 03 City
update
Document Item
Reference Date Ref.
ORD 9032002 4414
Fayetteville 9/10/2002
dex Maintenance , 8:04:53
Action
Taken Brief Description
RZN 02-22.00/OLD FARMINGTON ROAD
Enter Keywords........: ORD. 4414
File Reference #.......
Security Class........:
Expiration Date........
Date for Cont/Referred:
Name Referred to......:
RZN 02-22.00
1.32 ACRES
2975 OLD FARMINGTON ROAD
SHACKELFORD, TOM
OLD FARMINGTON ROAD
MICROFILM
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