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Home My WebLink AboutOrdinance 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. a N ''l APPROVED: N f= m By: �� CO � DAN COODY, Ma 3� X , ar 'S•,ir S .I� ,. . ..p C.. 3 CD Ln rJ a. 7 i. apt ruff, City Cle lot 20 "j 71398 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: H:\USERS\COMMON\REPORTS\PCREPORTS 2002\ju1y\Shake1ford_= 02-22.dm 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. H:\USERS\COMMONUtEPORTS\PCREPORTS 2002\ju1y\Sha1e1ford_Qn 02-22.dw 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 H:\USERS\COMMON\REPORTS\PCREPORTS 2002\ju1y\Shakdlford_an 02-22.dm 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 ) H:\USERS\COMMON\REPORTS\PCREPORTS 2002*ly\Shatslford_= 02-22.dm 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