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Home My WebLink AboutOrdinance 4467 ORDINANCE NO. 4461 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-9.00 AS SUBMITTED BY RICHARD L. MILLER ON BEHALF OF DODI NICHOLS FOR A PARCEL CONTAINING APPROXIMATELY 1 .88 ACRES LOCATED AT 2800 OLD FARMINGTON ROAD, FAYETTEVILLE, ARKANSAS, FROM A- 1 , AGRICULTURAL TO R- 1 , LOW DENSITY RESIDENTIAL 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 4`h day of March, 2003 . APPROV D : /' j � ACJ.,. • ,��,•� By: ' ^ D COODY, Mayor AT•TEa : By. �t/�RJ.A�IF7 IIIIII�III��I�III�IIIIIIIIII��II�I�II�I�I��IIIII�II�IIIIII�III��III��IIIII�II��I � � oe : 0044468600e : REL Recorded : 04/03/20030atT12 : 06 : 12 PM Sondra Smith, City Clerk Fee Amt : $11 . 00 Pace 1 of 2 Mashinoton Countv . AR Bette stamps Circuit Clerk File 2003-00020183 EXHIBIT "A" RZN 03-9.00 A part of the Northeast Quarter (NE '/<) of the Northwest Quarter (NW '/4) of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows : Beginning at the Northeast corner of said 40 acre tract and running thence South 210 feet; thence West 315 feet; thence North 210 feet; thence East 315 feet to the point of beginning, containing 1 %z acres, more or less. And A part of the NW '/< of the NE '/< of Section 19, Township 16 North, Range 30 West, described as beginning at the Northwest comer of said 40 acre tract and running thence S89°57 ' E 203 .62 feet; thence S470001W 74.55 feet; thence S55004'W 81 .71 feet; thence S28044' W 36.91 feet; thence N89°57'W 64.25 feet; thence NO°03 ' W 130. 12 feet to the point of beginning, containing 0.38 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to a gravel access drive for ingress and egress, along the East line and any other easements and/or rights of way of record. tQ m� 4Q JOQ NAME OF FILE: Ordinance No. 4467 CROSS REFERENCE: Item # Date Document 1 03/04/03 10rd. 4467 w/Ex. A 2 02/19/03 IStaff Review Form w/attachments: memo to mayor/city council draft ordinance memo to Planning Commission copy of governing code copy of description of request copy of Close Up View of subject property copy of One Mile View of subject property 3 03/10/03 Affidavit of Publication 4. 03/10/03 memo to Tim Conklin NOTES : 4/3/2003 Ifiled at the Washington County Courthouse FAYETTEA LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin Community Planning & Engineering Services From: Clarice Buffalohead-Pearmar� City Clerk's Division Date: 3/10/2003 Re: Ordinance No. 4467 Attached is a copy of the ordinance passed by the City Council, March 4, 2003, rezoning that property described in rezoning petition RZN 03-9.00 for a parcel containing approximately 1 .88 acres located at 2800 Old Farmington Road, Fayetteville, Arkansas, as submitted by Richard L. Miller on behalf of Dodi Nichols. This ordinance will be microfilmed and filed in the Fayetteville City Clerk's office, and filed with the Washington County Clerk. cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering NORTWEST ARKANSADEDITION Arhaamas Democrat V 0axette MAR Z 1 2003 Yo AFF AVIT OF PUBLICATIONC�c[LAi 1EFICE do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , the advertisement of: �0 ) was inserted in the regular editions on ** Publication Charge : $ �� • �a Subscrib�e(d� and sworn to before me this day of , 2003. Notary Publii& ORDINANCE NO. 4487 . — Ofticlal Seal , AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN LEN 0 REZONING PETITION RZN 03-9.00 AS SUBMITTED BY My Co missiNOnTI j RICHARD L.O MILLERTAININ A BEHALF OF DOQ NICHOLS FOR A clary ansas , PARCEL CONTAINING APPROX MA ELY 1.88 ACRES LOCAT- WASHINGTON COUNT— , ARKANSAS,FROM A-1. AGRICULTURALO R-00 ,OLD FARMINGTON ROAD, A LOW DEN- ITe$ 11 -05.2011 SITYgESIDENTIAL Fayetteville my Commission Exp � , BE R ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYEI-TEViLLE, ARKANSAS: *' Please pay from Affidavit. , Section l: That MB zone clessfcation of the burnMn9 described Property is heeeoy Banged as follow•: An invoice will be sent. ', From A-1, AgMadtural to R-1, Low Deftly Resldentlel es shown h r Dchit t 'A' attached hereto and made a pert hereof. , Section 2. That the olAcal zordrg rtap of the City of FayefteNlle, Arkahaas. B hereby emended to reflect the zoning change provided In Section i above. , PASSED and APPROVED this the 4th day of March, 2003. APPROVED: i By.' , DAN GOODY. Maya , ATTEST 1 By: j Schnee Smith, City Clerk 1 EXHIBIT "A* , RZN 03.9.00 A ped M Me Northeast Quarter (NE 1/4) of The NorI Qarter, (NW 1/4) of Section 19. Tav4ship 16 Nath, Range 30 Wear, Waah;glee County, ArNereca, desoMod es fdbwa: Beginning at the Northeast canter of said 40 acre aact end running chance SAM 2101eet; Thane West 315 feet; Nonce North 210 feet; thence East 315 fact to the point of beginning.g. conteh4g 1 12 acres, intone or it=. And A pert of the NW 1/4 of Ma NE 1/4 Of Section 19, Township 16 Nath, Range 30 Wast, described W beg,r*fg at the Northwest comer Of said 40 acre tract end runrang thence S89.57'E 203.62 feet; Mance- S47*ODW 74.55 feet: thence S55-04'W 81 .71 feet; Mercer S2W"'W 36.91 feat VIence N89057'W 64.25 feet; thaiCe N0903'W 930.12 feet to thW point of beginning, containing 0.38 acres, rnogI less, Ctty Of Feyettavitle, Warj"Jon County, ,Visnas. Subject to a gravel access drive for WW'# end egress. WWrg the East II any other easements and/or III of way of recc't59 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 0 (501 ) 442-1700 . • ora lqq 67 STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of March 4 , 2003 . FROM : Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To approve an ordinance for RZN 03 - 9 . 00 as submitted by Richard L . Miller , Attorney , on behalf of Dodi Nichols for property located at 2800 Old Farmington Road . The property is zoned A- 1 , Agricultural and contains approximately 1 . 88 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 : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Acc ntinfi Manager Date ADA Coordinator Date ity Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on February 10 , 2003 the Planning Commission voted 8 - 0 - 0 to recommend that the City Council approve the requested rezoning . i - 13 - 03 Cross Reference Div ' ion e 44at AC) Date New Item : Yes No 2d1- 3 Adm ' istrative Services Date Prev Ord/Res# : Dir or / "4A JZ 7 Mayor Dat Orig Contract Date : FAYETTEVILLOE,E1� ® FEB �13 2�10C Meeting of March 4, 2003 THE CITY OF FAYETTEVILLE, ARKANSAS VILLE GTY OF FpYET7E 113W. Mountain St. MAYORS OFFICE Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM : Dawn T. Warrick, AICP, Senior Planner THRU: Tim Conklin, AICP, City Planner DATE: February 14, 2003 RZN 03-9.00: Rezoning (Nichols, pp 557/558) was submitted by Richard L. Miller, Attorney on behalf of Dodi Nichols for property located at 2800 Old Farmington Road. The property is zoned A- 1 , Agricultural and contains approximately 1 .88 acres. The request is to rezone to R- 1 , Low Density Residential. BACKGROUND: The subject property is located north of Old Farmington Road, west of Futrall Drive (the western outer road of I-540), north of Hwy 62 W (Sixth Street). The property is accessed from a steep, gravel, private drive which intersects Old Farmington Road. The property does not comply with minimum lot standards for the A- 1 , Agricultural zoning district. The applicant owns two parcels which are currently zoned A- 1 and do not meet the minimum lot area and frontage requirements for that zoning district. The applicant wishes to construct one single family home on the 0.38 acre tract which was purchased in December of 2002 and is located east of the 1 .5 acres. The current zoning does not allow for a second structure due to the nonconforming nature of the lots. The Engineering Division finds that provision of sanitary sewer or a septic system that has been approved by the Arkansas Dept. of Health will be required for any new structure. Fire and Police Departments report that there does not appear to be concern for providing adequate services in this area. 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. CURRENT STATUS: On February 10, 2003, the Planning Commission voted 8-0-0 to recommend approval of the requested rezoning to the City Council. RECOMMENDATION: Approval of the requested rezoning from A- 1 to R- 1 . K:IReports110031CC REPORTSWarch mee1ings1rzn03-9_n@ho1s_cc.doc ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-9.00 AS SUBMITTED BY RICHARD L. MILLER ON BEHALF OF DODI NICHOLS FOR A PARCEL CONTAINING APPROXIMATELY 1.88 ACRES LOCATED AT 2800 OLD FARMINGTON ROAD, FAYETTEVILLE, ARKANSAS, FROM A-1, AGRICULTURAL TO R-1, LOW DENSITY RESIDENTIAL. 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 , 2003. APPROVED: By: e� DAN C ayor ATTEST: By: Sondra Smith, City Clerk EXHIBIT "A" RZN 03-9.00 A part of the Northeast Quarter (NE '/4) of the Northwest Quarter (NW '/4) of Section 19, Township 16 North, Range 30 West, Washington County, Arkansas, described as follows: Beginning at the Northeast comer of said 40 acre tract and running thence South 210 feet; thence West 315 feet; thence North 210 feet; thence East 315 feet to the point of beginning, containing 1 % acres, more or less. And A part of the NW '/4 of the NE '/4 of Section 19, Township 16 North, Range 30 West, described as beginning at the Northwest corner of said 40 acre tract and running thence S89°57'E 203 .62 feet; thence S47°00' W 74.55 feet; thence S55°04' W 81 .71 feet; thence S28044'W 36.91 feet; thence N89°57' W 64.25 feet; thence NO°03 'W 130. 12 feet to the point of beginning, containing 0.38 acres, more or less, City of Fayetteville, Washington County, Arkansas. Subject to a gravel access drive for ingress and egress, along the East line and any other easements and/or rights of way of record. Planning Commissio February 10, 2003 Page 40 RZN 03-9.00: Rezoning (Nichols, pp 557/558) was submitted by Richard L. Miller, attorney, on behalf of Dodi Nichols for property located at 2800 Old Farmington Road. The property is zoned A- 1 , Agricultural and contains approximately 1 .88 acres. The request is to rezone to R- 1 , Low Density Residential. Estes: The next item on the agenda is RZN 03 -9.00 submitted by Mr. Richard L. Miller, attorney, on behalf of Dodi Nichols for property located at 2800 Old Farmington Road. The property is zoned A- 1 , Agricultural and contains approximately 1 .88 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 materials. Is the applicant or applicant's representative present? Miller: I am Richard Miller, I am an attorney for Dodi Nichols and I have brought this petition to seek to rezone the property from A- 1 to R- 1 . Estes: Is there any member of the audience who would like to provide public comment on this rezoning request? Seeing no one in the audience, I will bring it back to the Commission for discussion, comments, questions of Mr. Miller, and motions. Shackelford: I will make a motion that we approve RZN 03-9.00 based on staff's comments and recommendation. Estes: We have a motion by Commissioner Shackelford to approve RZN 03-9.00 is there a second? Church: I will second it. Estes: Is there any discussion? We have a motion by Commissioner Shackelford and a second by Commissioner Church to approve RZN 03-9.00. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve RZN 03-9.00 was approved by a vote of 8-0-0. Estes: The motion passes by a unanimous vote of eight to zero. FAYETTEVILLE PC Meeting of Feb. 10, 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, AICP, Senior Planner THRU: Tim Conklin, AICP, City Planner DATE: February 10, 2003 RZN 03-9.00: Rezoning (Nichols, pp 557/558) was submitted by Richard L. Miller, Attorney on behalf of Dodi Nichols for property located at 2800 Old Farmington Road. The property is zoned A- 1 , Agricultural and contains approximately 1 .88 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: February 10, 2003 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: March 4, 2003 (1't reading if recommended) Comments: K:WeportA20031PC REPOR75102-IOIrznO3-9_nchols.da