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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 0 0 BACKGROUND: Property Description: 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. Proposal: 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. While the two tracts are adjacent and owned in common, they are independent parcels and the applicant would like to be able to build a single family home on the second, smaller tract. The two tracts total 1.88 acres. The large tract (1.5 acres) already contains one single family homes and accessory structures. 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. Note: The development of a single family home on the vacant 0.38 acre (easternmost) tract may require connection to City sewer due to the size of the property and proximity of existing sewer facilities. This will have to be reviewed at the time of building permit and may be discussed in more detail with the City Engineering Division. Request: The applicant requests that the property is rezoned from A-1, Agricultural to R-1, Low Density Residential. SURROUNDING LAND USE AND ZONING Direction• Land Use Zoning North Vacant A-1, Agricultural South Residential (large lots, single family) A-1 Agricultural East Residential (large lots, single family) R-1, Low Density Residential West Residential (large lots, single family) A-1 Agricultural INFRASTRUCTURE: Access to the subject property is by way of a private drive that connects to Old Farmington Road, a collector on the Master Street Plan that runs between Futrall Drive and Hwy 62W. This road is not currently developed to collector standards. Water is available and currently serves the existing home. The current single family home is not connected to sewer, a septic system is utilized. 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. K:IReporu120031PC REPORTSI01-101rzn03-9_nhho&s.doc FINDINGS OF THE STAFF 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 land use planning objectives, principles, and policies and with land use and zoning plans. Current development patterns in this area consist of large homes on relatively large lots. Most of the nearby residences are accessed by a private drive which also serves the subject property. Surrounding zoning includes primarily A-1 properties, however a group of homes immediately east of the subject tract is zoned R-1 and this proposal would represent an extension of this district to the northwest. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified and needed in order to regulate the allowable uses on this property as well as provide the applicant an opportunity to develop one single family home on a 0.38 acre tract. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning would not create or appreciably increase traffic danger and congestion. The development of more than one new single family home would require the applicant to install infrastructure which would likely include improved streets as well as sidewalks. At such time, the issue of traffic safety with regard to a proposed subdivision would again need to be addressed. Engineering: The proposed rezoning is located north and west of Old Farmington Road. The site is currently accessed by a private drive. The proposed rezoning from A-1 to R -I may or may not result in additional traffic danger and congestion for this area. 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. 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. K: IReportrl20031PC REPORTh102-l0bzn03-9_nkhols.doc Finding: The proposed zoning would not alter the population density in a manner which would undesirably increase the load on public services. Fire: This property is located approximately 2 miles from station 6. Response time would be approximately 4 minutes. Water supply with fire hydrants shall be required. Police: We do not believe there will be any adverse effects to public safety should these properties be rezoned as requested. Engineering: The site has access to an existing 6" water line through the property. An 8" sewer main is located nearby on Old Farmington Road, but the site does not have direct access to sewer. If additional structures are proposed for the site, the requirements of the Arkansas Department of Health will have to be met for additional septic systems. If these requirements cannot be met, an extension of the sewer main will be required for any future connections to the City's sewer system. 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. 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 KAReportr12003WC REPORTM02-104zn03-9_nthok.doc a. 0 §164.07 NONCONFORMING USES AND STRUCTURES. A. Intent. 1. Within the districts established by this chapter or amendments that may later be adopted, if there exist lots, structure, uses of land and structures, and characteristics of use which are lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment, it is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 2. It is not the intent of this section to prohibit the improvement of nonconforming residences by adding bath facilities or connecting to utilities as long as the bulk and area requirements of the R-3 District are met. 3. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. 4. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by the addition of other uses of a nature which would be prohibited generally in the district involved. (Code 1991, §160.135; Code 1965, App. A, Art 4(1); Ord. No. 1747, 6-29-70; Ord. No. 1918, 5-15-83; Ord. No. 2126, 7-14-75) B. Nonconforming Lots of Record. 1. Iregulations for the district in which such lot is located! In a previously developed subdivision, platted prior to June 29, 1970, and with the approval of the subdivision committee, a new single-family dwelling or an addition or repair to an existing single-family dwelling may be constructed in all residential zones in keeping with the existing standard in the neighborhood so long as the interior side setback is no less than five feet. Variance of yard requirements shall be obtained only through action of the board of adjustment. 2. If two or more or combination of lots and portion of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all parts of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for parcel the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter. The prohibition prescribed hereby shall not apply to a nonconforming lot on which a principal structure existed on the effective date of adoption of this chapter and which adjoins a nonconforming lot on which a principal structure existed on the effective date of the adoption of this chapter. (Code 1991, §160.136; Code 1965, App. A, Art. 4(2); Ord. No. 1747, 6-29-70; Ord. No. 2505, 2-20-79; Ord. No. 3114, 9-3-85; Ord. No. 3124, 9-17-85) K:IReportst2003lPC REPOR7SI02-104zn03-9_nkho&s.doc l.J Li Current Zoning District: prevent wasteful scattering of development in rural areas; obtain economy of public funds in the §161.03 DISTRICT A -I AGRICULTURAL. providing of public improvements and services of orderly growth; conserve the tax base; prevent A. Purposes. The regulations of the unsightly development, increase scenic Agricultural District are designed to protect attractiveness; and conserve open space. agricultural land until an orderly transition to urban development has been accomplished; B. Uses. 1. Permitted Uses. D. Yard Requirements (feet), Unit I City -Wide Uses by Right Unit 3 Public Protection and Utility Facilities Unit 6 Agriculture Unit 7 Animal Husbandry Unit 8 Single -Family and Two -Family Dwellings 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City -Wide Uses by Conditional Use Permit Unit 4 Cultural and Recreational Facilities Unit 20 Commercial Recreation; Large Sites C. Bulk and Area Regulations. Lot Width Minimum 200 ft. Lot Area Minimum: Residential 2 acre Nonresidential 2 acre Lot Area Per Dwelling Unit 2 acre K:IReporu120031PC REPOR7S102-101'm03-9_nkhols.doc FRONT YARD SIDE YARD REAR YARD 35 20 35 E. Height Requirements. There shall be no maximum height limits in the A -I District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required yard lines. (Code 1991, §160.030; Code 1965, App. A, Art. 5(1); Ord. No. 1747, 6-29-89) 40 a Proposed Zoning District: § 161.04 DISTRICT R-1: LOW DENSITY RESIDENTIAL. A. Purpose. The Low Density Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. B. Uses. 1. Permitted Uses. Unit I City -Wide Uses by Right Unit 26 Single -Family Dwelling 2. UsesPermissible on Appeal to the Planning Commission. Unit 2 City -Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 8 Single -Family and Two -Family Dwellings C. Density. SINGLE-FAMILY TWO FAMILY DWELLINGS DWELLINGS 4 or Less Families Per 7 or Less Families Per Acre Acre K: 1Reports120031PC REPORT S102-104zn03-9_nkhok.doe D. Bulk and Area Regulations. Single -Family Two -Family Lot 70 ft. 80 ft. Minimum Width 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 (feet). FRONT YARD SIDE YARD REAR 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) a S Description of Request Petitioner knows no reason to deny this Petition. Ownership Deeds are attached. The two (2) tracts are adjacent. Ingress and egress will continue as it has been for years. Old Farmington Road and private gravel road. The properties are within the City of Fayetteville and have water and sanitation from the City of Fayetteville. crime. Sewer is by septic tank. A small house built on tract two (2) will not significantly increase traffic, utility use, or The area has much residential use in the East, West and South. Thank you for your consideration. Richard L. Miller a a RZN03-9.00 Close Up View 0 NICHOLS A-1 A-1 SUBJECT PROPERTY ❑ Q A-1 I ' 0 jf A -y I ! I i A-1 I ♦ e.t I i I .'f CD Lit Overview Legend Subject Property Boundary Master Street Plan -- - RZN03-9.00 w—Sy� Planning Area �'�i Freeway/Expressway ' �1y Streets 0 000 o Overlay District p Principal Arterial LJJ000000 a 1, - — —1 City Limits 411 Minor Arterial � � \r Existing L Planned Outside City ♦ i Collector ••••• Historic Collector • 0 75 150 300 450 600 Feet RZN03-9.00 I NICHOLS C H O LS One Mile View .R:? R-1. R ?Fi 2-2 I. }' `T IF � (Ru �I�t�t...,1_{aS•L,(3hiSlii7!!,4�� 1 ' ....... ..._ ...-.--_-._.._ MARE 5�' I I • � I 1 n P'aO I r b- }� - `nV �' Al ' I I �� Y A -1 I � I ' I ri15€tires ,,;e'. -1 I X _�otxsnonc rn�at I I i I R'2 Y.. 1--'-- ----r.-- . ih I i j L I I sRr.�arF `` 4 I e A•1 j IR-1 jirr Rt1R-2 R 1 �R 1 R-245 C-1 H 1 \C-2C-22i.p('',. C-2 C-2 \F I- 2 —C-1— C-2 R-1 SUBJECT E-ROPERTY I i ' L' RAG! . R1 . -J, 1-2 l-- C-2%\ R-2 Legend Subject Property Boundary Master Street Plan RZN03-9.00 ^\� Planning Area ' ,Frsee'sy/EKpessway Streets o 000 S Overlay District .%t Pvtdpal MMal 0000040k.*Mine, Mena) \-. Ealsnnp L _I CIN Limits /ePlanroE Outside city •'�� Mlsarnc Caoanar 0 0.1 0.2 0.4 0.6 0. files C-2 I-1 NICHOLS Future Landuse Overview Legend -- Subject Property Boundary Streets RZN 03-9.00 ''i., Planning Area �\,i Existing <p000a Planned o 8 overlay Dlstrid m o_a o_ L _ _1 City Limits