HomeMy WebLinkAboutOrdinance 4471 ORDINANCE NO. 4471
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 03-6.00:
REZONING AS SUBMITTED BY BILL RUDASILL ON
BEHALF OF RALPH BROPHY FOR A PARCEL
CONTAINING APPROXIMATELY 1 .65 ACRES LOCATED
NORTH OF TOWNSHIP AND EAST OF HWY. 71B,
FAYETTEVILLE, ARKANSAS, FROM C-2,
THOROUGHFARE COMMERCIAL TO R-2, MEDIUM
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 C-2, Thoroughfare Commercial to R-2, Medium 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 15t day of April, 2003.
it f r� . APPROVED:
By:
DAN COODY, a or
ATTEST
ByS -""" ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Sondra Smith, City Clerk
Doc I0 : ppgg86400002 Tvpe : REL
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Recorded : 04/ 15/2003 at 01 : 35 : 00 PM
Fee Amt : $ 11 . 00 Paae 1 of 2
WashiBette So
tamoton sClr,cultRClerk
F11e2003-00021992
EXHIBIT `°A"
RZN 03-6.00
A PART OF THE SE '/4 OF THE SW '/4 AND A PART OF THE SW '/4 OF THE SE '/4 OF
SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF SAID SE '/4 OF THE SW '/4 OF SECTION 35,
TOWNSHIP 17 NORTH, RANGE 30 WEST AS DEPICTED BY A LOT ADJUSTMENT
SURVEY BY F. LEWIS STEENKEN RLS FILED FOR RECORD AT THE CIRCUIT
CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS RUN THENCE SOUTH
11 .30 FEET TO THE TRUE POINT OF BEGINNING; THENCE 5870227032E 128.92
FEET; THENCE S26°05'08"W 224.52 FEET; THENCE 532°28'0017E 11 .65 FEET;
THENCE S2703 1 '3777W 575.06 FEET; THENCE S6700115115W 21 .36 FEET; THENCE
NO203275779E 219.99 FEET; THENCE S87042'47"E 63.58 FEET; THENCE N050447362E
86.47 FEET; THENCE N06005'49"E 149.86 FEET; THENCE N07051 T91T. 50.71 FEET;
THENCE S87041104"E 140.02 FEET; THENCE N17044'06"W 212.91 FEET; THENCE
S87041 '04'T 56.84 FEET; THENCE NO10267292TE 38.89 FEET; THENCE S8702230377E
11 .49 FEET TO THE POINT OF BEGINNING.
Washington County$ AR
I certify this instrument was filed on
04/15/2003 01 :35:00 PM
and recorded in Real Estate
File Number 2003-00021992
Bette St ps - Circuit Clerk
by
NAME OF FILE: Ordinance No. 4471
CROSS REFERENCE:
Item # Date Document
1 03/04/03 Ord. 4471 w/Ex. A
2 02/19/03 Staff Review Form w/attachments:
memo to mayor/city council
draft ordinance
memo to Planning Commission
copy of governing code
copy Planning Commission minutes re: RZN 03 6.00
copy of Future Landuse of subject property
copy of Close Up View of subject property
copy of One Mile View of subject property
3 03/22/03 Affidavit of Publication
q 03/22/03 memo to Dawn Warrick
NOTES:
4/3/2003 Ifiled at the Washington County Courthouse
FAY ETTENI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: 4/8/2003
Re: Ordinance No. 4471
Attached is an executed copy of above referenced ordinance passed by the City Council, April 1 ,
2003, approving RZN 03-6.00, rezoning approximately 1 .65 acres, located north of Township and
east of Hwy 71 B, from C-2, Thoroughfare Commercial to R-2, Medium Density Residential.
This ordinance and exhibit will be microfilmed and filed in the city clerk's office, filed with the
Washington County Clerk, and published in a newspaper of general circulation.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
NORTHINJEST ARKANSAOEDITION
A amsas Demomt (Gazette
RECEnmr)
APR 0 s 2003
AFFIDAVIT OF PUBLICATION O"� KSOFFICE
I, 1JWj do solemnly swear that I am
LegAl 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:
2 2:24 was inserted in the regular editions on
-'ii- 5
** Publication Charge : $ 0
Subscribed and sworn to 7befo a me this
r7 day of 2003.
- -- ORDINANCE NO 4471 -
ANORDINANCERQONINGTHATPROPERTYDESCRIBED IN -~`
NotaryJIM,
U 0 al Seel
REZONING PE ON RZN 03-8.00: RQONING AS SUBM T-
IEDBYBILLRUDASILLONBEH4IFOFRALPHBROPHYFORg _
TAMMY ALLEN A PARCEL COMAINING APPROX MATELY 1.85 ACRES}
Nota Pu �c-Arkansas LOCATED NORTHAF TOWNSHIP AND FAST OF HWY. 778,
r FAYETTE\4LLE, ARKANSAS FROM C-2, THOROUGHFARE' �'�
My CoSSV0�3rJB>�p COMMERCALTOR-2; MEDIUMDENSRVRESIDENNLCRY '�
My COrnrT1ISS10n Expires -05-J2011BE R ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYETTE LE. ARKANSAS:
Becton 1. The[ the Eons oleesl0cetlon df the folbwtrg deanitMd PmT>&ty o IlerabY clJerged ee foeowe:
** Please do not pay from Affidavit. Prom G2, T?1 r 9hhme Comrn=GW td R-2. Medium DWSty Reeldenft
ee Shown In E# Lb4 'A* etteched hereto end made a pert hared.
An invoice will be sent. SBeectoon 2. The' the Gmdel Edntrg map of Me CBy of Foyettew,be. ArkenSea, 19 he ehy amended reeeot
rg G+en9e PmwldW h Becton 1 a0o+ .
PASSED end APPROVED Ms the Jet dey of AP
2003,
APPROVED:
By:
DAN COODV, Mayor
ATTEST:
By
Sondra gM, Clty Clerk
EXHIBIT NA' -
RZN 03-6.00
A PART OF THE BE_OF THE SW_ANDA PART OF THE SW- OF THESE_ OF SECTION 35, TOWN-
SHIP 17 NORTH, RANGE 30 WEST CRY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NE CORNER OF SAID BE
NO _ OF THE SW _ OF SECTION 35, TOWNSHIP 17
RTH,.RANGE 30 WEST AS DEPICTED B1'q LOT ADJUSTMENT SURVEY BY F. LEMS STEENKEN
RLS FlLED FOR RECORD AT THE CIRCUIT CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS
RUN THENCE SOUTH 11.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE 587.22'03'E
126.92 FEET THENCE 526•05'DBW 224.52 FEET; THENCE $32•28'00'E 11.65 FEET, THENCE
S27°31'37'W 575.06 FEET; THENCE S67.O7'S1 W 21.36 FEED THENCE N02932.57-E 219.99 FEET;
THENCE S87.42'47-E 63.58 FEET THENCE N05.44'36'E 86.47 FEET, THENCE NOB•05'49'E 149.88
FEET THENCE N07.51 'OWE 50,71 FEET, THENCE S87.41'04-E 140,02 FEET; THENCE N17.44'06W
212.81 FEET; THENCE 587.41'04'E SB.84 FEET THENCE NOt•26'29'E 38.88 FEET THENCE
S87.22'03'E 11.48 FEET TO THE POINT OF BEGINNING.
I
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
WAFF AGENDA REQUEST F&M � N¢u) '
G�e �t on Z�
9 3119103
FOR: COUNCIL MEETING OF March 18, 2003 D/�Q
3
yy7l
FROM: Planning Division
Tim Conklin, AICP, Director of Community Planning and Engineering Services
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
RZN 03-6.00: Rezoning (Brophy, pp 291) was submitted by Bill Rudasill on behalf of
Ralph Brophy for property located north of Township and east of 71B. The property is
zoned C-2, Thoroughfare Commercial and contains approximately 1.65 acres. The
request is to rezone to R-3, High Density Residential.
APPROVED FOR AGENDA:
--� . I
Director of Community Date
Planning & Emineering Services /' c&
--C—ity—Attorn y Date
`3 / wL
Chie dmin. Officer Date
&Z
Mayor Date
FAYETTEVILLE City Council Meeting of March 18, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn T. Warrick, AICP, Senior Planner
THRU: Tim Conklin, AICP, Community Planning & Engineering Services Director
DATE: March 5, 2003
RZN 03- 6.00: Rezoning (Brophy, pp 291) was submitted by W.B. Rudasill on behalf of Ralph
Brophy for property located north of Township and east of 71B. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 0.74 acres. The request is to rezone to R-
3, High Density Residential.
BACKGROUND:
The subject property is located north of Township Road and east of College Ave. It adjoins
commercial properties that front on College Ave. and extend eastward. This tract was previously
platted, with adjoining residential property for development of town homes or condominiums
however, the development was never installed.
The C-2, Thoroughfare Commercial zoning designation was applied to a 350' wide strip of land
adjacent to College Ave. with the comprehensive zoning adopted by the City in 1970. The
subject property is currently split zoned with a portion located within the C-2 district and the
reminder in the R-3 district.
The applicant proposes to unify the zoning of the property by requesting that the portion
currently located in the commercial district be rezoned to R-3, High Density Residential.
CURRENT STATUS:
On March 3, 2003, the Planning Commission voted 8-0-0 to recommend to the City Council
approval of the requested rezoning.
RECOMMENDATION:
Staff recommends approval of the requested rezoning from C-2 to R-3 .
klRepores120031CC REPOR7SWarch meeungAr n03-06_brophy_cadw
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03-6.00: REZONING (BROPHY, PP 291 ) AS
SUBMITTED BY BILL RUDASILL ON BEHALF OF RALPH BROPHY FOR
A PARCEL CONTAINING APPROXIMATELY 1 .65 ACRES LOCATED
NORTH OF TOWNSHIP AND EAST OF HWY. 71B, FAYETTEVILLE,
ARKANSAS, FROM C-2, THOROUGHFARE COMMERCIAL TO R-3 , HIGH
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 C-2, Thoroughfare Commercial to R-3, High 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 12003,
APPROV®� AFT
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
EXHIBIT "A"
RZN 03-6,00
A PART OF THE SE %4 OF THE SW %4 AND A PART OF THE SW %4 OF THE SE '/4 OF
SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF SAID SE %4 OF THE SW %4 OF SECTION 35,
TOWNSHIP 17 NORTH, RANGE 30 WEST AS DEPICTED BY A LOT ADJUSTMENT
SURVEY BY F. LEWIS STEENKEN RLS FILED FOR RECORD AT THE CIRCUIT
CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS RUN THENCE SOUTH
11 .30 FEET TO THE TRUE POINT OF BEGINNING; THENCE S87°22'03"E 128 .92
FEET; THENCE S26°05 '08"W 224.52 FEET; THENCE S32°28 '00"E 11 .65 FEET;
THENCE S27°31 '37"W 575 .06 FEET; THENCE S67001 ' 51 "W 21 .36 FEET; THENCE
NO2032 ' 57"E 219.99 FEET; THENCE S87042 '47"E 63 .58 FEET; THENCE N05044'36"E
86.47 FEET; THENCE N06°05 '49"E 149.86 FEET; THENCE N07°51 '09"E 50.71 FEET;
THENCE S8704110413E 140.02 FEET; THENCE N17°44'06"W 212.91 FEET; THENCE
S87041 ' 04"E 56.84 FEET; THENCE NOl °26'29"E 38 .89 FEET; THENCE S87°22'03"E
11 .49 FEET TO THE POINT OF BEGINNING.
Planning Commissio •
March 3, 2003
Page 34
RZN 03-6.00: Rezoning (Brophy, pp 291) was submitted by Bill Rudasill on behalf of Ralph
Brophy for property located north of Township and east of 71B. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 0.74 acres. The request is to rezone to R-3 ,
High Density Residential.
Aviles: The fourth item on our agenda this evening is RZN 03-6.00 submitted by William
Rudasill on behalf of Bill Brophy for property located north of Township and east
of 7113usiness. The property is zoned C-2, Thoroughfare Commercial and contains
approximately 0.74 acres. The request is to rezone to R-3; High Density
Residential. Staff is recommending approval of the requested rezoning. Dawn,
would you like to give us the staff report before we hear from the applicant?
Warrick: The subject property is located north of Township, east of College Avenue. It
adjoins Commercial properties that front College and extend eastward. The tract
was previously platted with adjoining residential property for development of town
homes or condominiums. However, the development was never installed. The C-2,
Thoroughfare Commercial zoning designation was applied to a strip of land 350'
wide in 1970 when the city went through a citywide rezoning. That 350' strip
incorporated small triangular portions at the west end of this particular tract and
therefore, the piece of property that we are dealing with is remnants of C-2 zoned
property that are parts of lots that are actually split zoned, partially C-2 and partially
R-3 . The applicant's request is to unify those lots with an R-3, High Density
Residential designation which is consistent with the adjoining properties.
Aviles: Is the applicant present? Do you have a presentation?
Rudasill: My name is Bill Rudasill, I am with WBR Engineering representing Mr. Brophy.
Basically, she covered it. We have got property lines that go north and south, east
and west and are stair stepped and we have got a line that kind of goes straight
through the edge of them and we are just trying to clean that up.
Aviles: It is one of the most disjointed zonings I've seen.
Rudasill : The Commercial in the back of these lots is very small and there is no way to get to
it. You have to come through a Residential zone to try to get to it and the
Commercial developments are already developed, they have got all the property
they need so there is no potential for it ever to be developed as Commercial.
Aviles: Thanks Mr. Rudasill. I will take public comment. Is there anyone here that would
like to address us on this Rezoning this evening? Seeing no one, I will go ahead
and bring the discussion back to the applicant and to the Commission for further
discussion or motions.
Shackelford: I will go ahead and make a motion that we approve RZN 03-6.00 and forward it to
City Council.
Bunch: I will second.
Planning Commissio •
March 3, 2003
Page 35
Aviles: I have a motion by Commissioner Shackelford and a second by Commissioner
Bunch, is there any additional discussion?
Estes: What is the ingress and egress to the property? How do you get there and how do
you get out of it?
Rudasill: If you are familiar with Township, there is Brophy Circle that comes off of
Township. It circles around and at the north end of Brophy Circle there are some
undeveloped residential lots. The backside of those lots toward the west is what is
the Commercial zone that is cut off. It is little triangles in the back of that because
the property goes north and then jogs to the east. Then there is also a driveway, a
private drive, that comes in on the north end there next to Midas that if someone
were to eventually develop that property, he is just doing it on speculative stuff,
they would have a potential drive entry and a public residential drive on the south.
Estes: Thank you.
Ward: On R-3, Multi-family high density, this is 3/4 of an acre, how many units could
possibly be put out there?
Rudasill : 30.
Warrick: The R-3 district permits 40 units per acre.
Ward: Ok, thanks.
Aviles: Renee, call the roll please.
Roll Call: Upon the completion of roll call the motion to forward RZN 03-6.00 to the City
Council was approved by a vote of 8-0-0.
Aviles: Thank you. The motion carries unanimously.
Rudasill : Thank you very much.
