HomeMy WebLinkAboutOrdinance 4444 ORDINANCE NO. 4444
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-38.00 FOR A PARCEL CONTAINING
APPROXIMATELY 2. 12 ACRES LOCATED AT 625 N. 54Tu AVENUE,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY ALAN REID ON
BEHALF OF BETTY RUBLE
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 the 3`d day of December, 2002.
APPROVED:
U �.
By:
COODY, Mayo
ATTEST:
By 29; l � Illllllllllllllllllllllllllllllllllllllllllllllllllllllll
Bather Woodruff, City ClerkV
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EXHIBIT "A"
RZN 02-38.00
A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER
(SW ''/<)OF SECTION ELEVEN ( 11 ), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE
THIRTY-ONE (31 ) WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID 40 ACRE
TRACT, SAID POINT BEING AN EXISTING RAILROAD SPIKE; THENCE
N89051 ' 10"W ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 165 .00 FEET;
THENCE N00°30' 13"E 636.96 FEET TO A SET COTTON SPINDLE IN 54TH STREET
FOR THE TRUE POINT OF BEGINNING AND FROM WHICH A '/:" IRON REBAR
REFERENCE IRON SET ON THE WEST RIGHT OF WAY OF SAID ROAD BEARS
N89051 ' 10"W 32.63 FEET; THENCE N89°51 ' 10"W 282.21 FEET TO A SET %2" IRON
REBAR; THENCE N00°30' 13"E 326.48 FEET TO A SET %2" IRON REBAR; THENCE
S89051 ' 1099E 282.21 FEET TO A SET COTTON SPINDLE IN 54TH STREET FROM
WHICH A %2" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY
OF SAID ROAD BEARS N89051 ' 10"W 32.93 FEET; THENCE S00°30' 13"W 326.48
FEET TO THE POINT OF BEGINNING, CONTAINING 2. 12 ACRES MORE OR LESS
THE ABOVE DESCRIBED 2. 12 ACRE TRACT BEING SUBJECT TO THE RIGHT OF
WAY OF 54TH STREET ALONG THE ENTIRE EAST BOUNDARY.
Washington county , Af filed on
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File Number 20
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NAME OF FILE: Ordinance No. 4444
CROSS REFERENCE:
Item # Date Document
1 12/03/02 Ord. No. 4444 w/Ex. A
2 11 /04/02 Staff Review Form w/attachments:
11/1 /02 memo to City Council
draft ordinance
10/24/02 memo to Planning Commission
copy § 161 .03
copy of pictures
copy of 10/28/02 Planning Commission minutes
copy of Betty Ruble rezoning request
copy of aerial pictures of site
copy of close-up view
copy of future land use
copy of one mile view
3 12/09/02 memo to Tim Conklin
4115 (6,3r
S Ili v3 A tdaL + v ( ( ' W+f wn
NOTES:
I
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review .
For the Fayetteville City Council meeting of November 19 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department .
ACTION REQUESTED : To approve an ordinance for RZN 02 - 38 . 00 as
submitted by Alan Reid on behalf of Betty Ruble for property
located at 625 N . 54th Avenue . The property is zoned A- 1 .
Agricultural and contains approximately 2 . 12 acres . The request is
to rezone to R- 1 , Low Density Residential .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : F Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Ac tinp, Manager Date ADA Coordinator Date
City Ems— Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on October 28 ,
2002 the Planning Commission voted 8 - 0 - 0 to recommend the
rezoning be approved by the City Council .
Cross Reference
Div ' ' on e `DA
ector ate
De m New Item : Yes No
e q t
A ira e Services Dat Prev Ord/Res# :
DireJ&
Mayor - D to (� Orig Contract Date :
FAYETTEVILLE CC Meeting of Nov. 19, 2002
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM: Tim Conklin, AICP, City Planner
THRU: Hugh Earnest, Urban Development Director
DATE: Nov. 1 , 2002
RZN 02-38.00(1020): Rezoning (Ruble, pp 436) was submitted by Alan Reid on behalf of Betty Ruble
for property located at 625 N. 54`h Avenue. The property is zoned A- 1 , Agricultural and contains
approximately 2. 12 acres. The request is to rezone to R- 1 , Low Density Residential.
BACKGROUND:
Property Characteristics: The subject property is located south of Wedington Drive on the west side of
54ch Avenue (Collector). A single family structure sits on approximately 2. 12 acres. Surrounding
properties are single-family residential and agricultural. The property was annexed November 2, 1982 as
A- 1 Agricultural. Surrounding areas have recently been rezoned from A- 1 to R- 1 , including:
May 1992 5 acres SW corner of Wedington and 54h Ave.
Oct. 19, 1993 1 .43 acres 796 N. 54`h Ave.
Oct. 17, 1995 .57 acres 5556 Tackett Dr.
June 20, 2000 2.97 acres 831 N. 54`h Ave.
Jan. 2, 2002 41 .9 acres East of Double Springs Rd, South of Owl Creek Sub.
Proposal: The applicant is proposing to split the lot and build a single family structure on the new lot.
The current zoning classification of A- 1 Agricultural requires a minimum lot area of 2 acres. The
applicant will not be able to split the 2. 12 acres under the current zoning district.
Request: The applicant is requesting to rezone the property from A- 1 Agriculture to R- 1 Low Density
Residential. The R- 1 Low Density Residential district requires a minimum lot area of 8,000 square feet.
The applicant will be able to split the 92,347 square foot lot.
Recommendation: Staff recommended approval of the requested zoning. The proposed zoning meets the
Future Land Use Plan, which designates this area as residential, is compatible with surrounding land uses,
and is consistent with rezoning requests in the area.
CURRENT STATUS:
On October 28, 2002, the Planning Commission voted 8-0-0 to forward the request for approval by City
Council.
RECOMMENDATION:
Approval of the requested rezoning.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-38.00 FOR A PARCEL
CONTAINING APPROXIMATELY 2.12 ACRES LOCATED AT 625 N. 54TH
AVENUE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY ALAN
REID ON BEHALF OF BETTY RUBLE.
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. DRAFT
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 02-38.00
A PART OF THE SOUTHEAST QUARTER (SE ]/4) OF THE SOUTHWEST QUARTER
(SW ''/<)OF SECTION ELEVEN (11 ), TOWNSHIP SIXTEEN (16) NORTH, RANGE
THIRTY-ONE (31 ) WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID 40 ACRE
TRACT, SAID POINT BEING AN EXISTING RAILROAD SPIKE; THENCE
N89°51 ' 10"W ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT 165 .00 FEET;
THENCE N00030' 13"E 636.96 FEET TO A SET COTTON SPINDLE IN 54TH STREET
FOR THE TRUE POINT OF BEGINNING AND FROM WHICH A ''/z" IRON REBAR
REFERENCE IRON SET ON THE WEST RIGHT OF WAY OF SAID ROAD BEARS
N89°51 ' 10"W 32.63 FEET; THENCE N89°51 ' 10"W 282.21 FEET TO A SET %2" IRON
REBAR; THENCE N00°30' 13"E 326.48 FEET TO A SET %z" IRON REBAR; THENCE
S89°51 ' 10"E 282.21 FEET TO A SET COTTON SPINDLE IN 54TH STREET FROM
WHICH A %" IRON REBAR REFERENCE IRON SET ON THE WEST RIGHT OF WAY
OF SAID ROAD BEARS N89°51 ' 10"W 32.93 FEET; THENCE S00°30' 13"W 326.48
FEET TO THE POINT OF BEGINNING, CONTAINING 2. 12 ACRES MORE OR LESS
THE ABOVE DESCRIBED 2. 12 ACRE TRACT BEING SUBJECT TO THE RIGHT OF
WAY OF 54TH STREET ALONG THE ENTIRE EAST BOUNDARY.
i • • •
FAYETTEVILLE PC Meeting of Oct. 28, 200
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: October 24, 2002
RZN 02-38.00(1020): Rezoning (Ruble, pp 436) was submitted by Alan Reid on behalf of
Betty Ruble for property located at 625 N. 54° Avenue. 'The property is zoned A- 1 , Agricultural
and contains approximately 2. 12 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: October 28, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: November 19, 2002 (If approved, first reading)
Comments:
H. IUSERSICOMMONIPLANN/NGIREPOR7SIPCREPOR7S20021OCTOBERIIO-281RUBLE RZN02-38.DOC
BACKGROUND:
Property Characteristics: The subject property is located south of Wedington Drive on the west side
of 54th Avenue (Collector). A single family structure sits on approximately 2. 12 acres. Surrounding
properties are single-family residential and agricultural. The property was annexed November 2,
1982 as A- 1 Agricultural. Surrounding areas have recently been rezoned from A- 1 to R- 1 , including:
May 1992 5 acres SW corner of Wedington and 54`s Ave.
Oct. 19, 1993 1 .43 acres 796 N. 54th Ave.
Oct. 17, 1995 .57 acres 5556 Tackett Dr.
June 20, 2000 2.97 acres 831 N. 54" Ave.
Jan. 2, 2002 41 .9 acres East of Double Springs Rd, South of Owl Creek Sub.
Proposal: The applicant is proposing to split the lot and build a single family structure on the new lot.
The current zoning classification of A- 1 Agricultural requires a minimum lot area of 2 acres. The
applicant will not be able to split the 2. 12 acres under the current zoning district.
Request: The applicant is requesting to rezone the property from A-1 Agriculture to R-1 Low Density
Residential. The R- 1 Low Density Residential district requires a minimum lot area of 8,000 square
feet. The applicant will be able to split the 92,347 square foot lot.
Recommendation: Staff is recommending approval of the requested zoning. The proposed zoning
meets the Future Land Use Plan, is compatible with surrounding land uses, and is consistent with
rezoning requests in the area.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Large-lot residential A-1 Agricultural
South Vacant A-1 Agricultural
East Large-lot residential A-1 Agricultural
West Vacant A-1 Agricultural
INFRASTRUCTURE:
Streets: North: .Tacket Drive (Local)
South: Persimmon (Proposed on Master Street Plan — not existing)
East: 54'h Avenue (Collector)
West: Glenview Avenue (Local)
Water: 8" water line serves the property
Sewer: 6" sewer main serves the property
H:IUSERSICOMMOMPlANNMGWUORTSIPCREPORTS 200210CT0RER110-281RUBLE RZN 02-38DOC
00
LAND USE PLAN: General Plan 2020 designates this site residential. Rezoning this property to R-
1 Low Density Residential is consistent with the land use plan and compatible with surrounding land
uses in the area.
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 the Future Land Use Plan and
compatible with adjacent land uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The requested rezoning is needed in order for the applicant to split the lot and
construct a single-family structure on the new lot.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: From Planning: The requested rezoning will not create or appreciably increase
traffic danger and congestion.
From Police. The Police Department states that the rezoning may increase
traffic from what it is at present; the rezoning will not impact police functions to
the degree that they could not be performed adequately; therefore, the Police
Department does not oppose this rezoning request.
From Public Works: The proposed rezoning is located on the west side of 54'"
Ave. south of Wedington Drive. The proposed rezoning from A-1 to R-1 may or
may not result in additional traffic danger and congestion for this area. The
proposed zoning allows a density of up to 4 families per acre. That means a
development could add up to 8 families on this 2.12 acre tract. The access to the
developed site and the circulation network within the development shall be
reviewed in detail as part of the subdivision or large scale development process.
The layout, connectivity, circulation plan, ingress and egress provisions will be
reviewed in detail as information becomes available.
H:IUSERSICOAfldOWLANMNGIREPORTSIPCREPORTS 20021OCTOBERVO-281RUBLE RZN 02-38.DOC
• • • •
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: From Planning: The proposed zoning will not significantly alter the population
density. It could increase density up to eight families.
From Public Works: The site has access to an existing 8" water line on the east
side of the property. A 6" sewer main is also located along the east side of the
property. The proposed rezoning and ultimate development may increase the
loading on the existing infrastructure systems. During the development's review
and approval process, the adequacy of the existing infrastructure to
accommodate the service requirements will be assessed by the developer's
consultant and reviewed by city staff. Any inadequacies, lack of availability,
need for improvements and determination of responsibility for the
infrastructure improvements shall be resolved during the development's
review/approval process.
From Fire Department: Hydrants will be needed access, 20 feet of unobstructed
width driving surface. Response time 8-10 minutes.
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:IUSmcoAwompL AwiNGREPORTSIPC REPORTS 1002DCTOBERU0-281RUBLE_RZN 02-38DOC