HomeMy WebLinkAboutOrdinance 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
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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.
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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