No preview available
HomeMy WebLinkAboutOrdinance 4527 ORDINANCE NO, 4527 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-30.00 AS SUBMITTED BY CHRISTOPHER WILLIAMS FOR PROPERTY LOCATED AT 288 KNERR ROAD 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 RSF-4, Residential Single-Family, Four Units Per Acre, and RMF-24, Residential Multi-Family, 24 Units Per Acre to R-A, Residential Agricultural 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 November, 2003 . pYETT k + f i� APPROVED: Ib ., . . t0 ^� By: D COO , ayor � f t � L By: SONDRA SMITH, City Clerk REL 1300 ID : 00681412000'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AgcorFee nta $82009/20031 of10a01 ' 15 AM AS Bette sta eo�-000648 Batts at n circuit 24 Fi1a2003 EXHIBIT "A" RZN 03-30.00 PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN ( 15) IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE THIRTY (30) WEST, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT TWENTY-NINE AND SIX-TENTHS (29.6) FEET EAST AND THREE HUNDRED NINETY-SIX AND NINETY-FOUR HUNDREDTHS (396.94) FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH OF RANGE 30 WEST, AND RUNNING THENCE NORTH 66 DEGREES 36 MINUTES EAST ONE HUNDRED SIXTY EIGHT AND FIVE-TENTHS ( 168.5) FEET; THENCE NORTH 16 DEGREES FOUR MINUTES EAST ONE HUNDRED SIXTY FIVE ( 165) FEET; THENCE NORTH SIXTY DEGREES FORTY EIGHT MINUTES FORTY-TWO SECONDS WEST FOUR HUNDRED SIXTY SIX (466) FEET; THENCE SOUTH TWENTY ONE DEGREES TWENTY FIVE MINUTES WEST FIVE AND FIVE TENTHS (5 .5) FEET; THENCE SOUTH THIRTY NINE DEGREES FORTY-FIVE MINUTES WEST THREE HUNDRED THIRTY SEVEN AND TWO TENTHS (337.2) FEET; THENCE SOUTH SEVENTY-THREE DEGREES FIVE MINUTES EAST THREE HUNDRED FIFTY-THREE AND SIX TENTHS (353.6) FEET; THENCE SOUTH FOURTEEN DEGREES FORTY-FOUR MINUTES WEST FIFTY-SIX AND EIGHT TENTHS (56.8) FEET; THENCE SOUTH SEVENTY-ONE DEGREES FIVE MINUTES EAST ONE HUNDRED FOUR AND NINE-TENTHS ( 104.9) FEET TO THE POINT OF BEGINNING. Washington County , AR I certify this instrument was filed on 1212912003 10:01 :15 AM and recorded in Real Estate File Number 2003-000648 k Bette Stamps - Circuit by .�/ NAME OF FILE: Ordinance No. 4527 CROSS REFERENCE: Item # Date Document 1 10/16/03 memo to mayor & city council draft ordinance memo to planning commission copy of §161 .03 copy of §161 .07 copy of §161 . 13 copy of memo to planning commission & city council copy of Close Up View copy of One Mile View copy of Future Land Use copy of staff review form for 11/4/03 2 11/07/03 memo to Daw Warrick 3 11/07/03 Affidavit of Publication NOTES: 4 12/29/2003 filed at the Wash. Co. Courthouse NORTHWEST ARKANSA*EDITION Arkansas Democrat IV OazcW KtMl Nov 12 2003 CITY OF FAY ETTEvIuE CITY CLERK'S OFFICE AFFIDAVIT OF PUBLICATION I , , do solemnly swear that I am Lega Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: was inserted in the regular editions on I I- X7-0 3 Po# n3 -CY� 1��1 -CSI ** Publication Charge : $ Subscribed and sworn to before me this � h day of #Pilew, ), 2r , 2003. Notary Public My Commission Expires: Wlel9ol3 ** Please do not pay from Affidavit. An invoice will be sent. 7Notaoffic7Expirea ry -MICARGO PuanSas INGOUNTY sion 07.28.2013 212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEMI I E, ARKANSAS 72702 (501 ) 442-1700 F NDINAKCB NO. 4887 NCE REZONING THAT PROPERTY DESCRIBED IN PETITION RZN 03�O.W AS SUBMITTED BY ER WILLIAMS FOR PROPERTY LOCATED AT 288 Dp� 8....�AIN® BY THE CITY COUNCIL OF TNB CITYwf7V,' Fayetteville BVIW. ANNANSM at the zore daai6oation of ate tolaMrg dwated Prw" Is hereby tlWVod as f0110MI From RSF4, ReddortIal Svgl Farm*. Far Uits Per Ave. end RMF-24. Residentld MJfI- Fw*, 24 Ur Per Acre to R-A- Red WW Pgrlallael a9 In E.4NW -A' etlao` e hereto end rnw% a part hweOt. Section 2. Ttal the Oficial zu" maP W ate City of FayetteMAe. Nkaysaa. Is hereby artw000 to ieaect the wr*v Duarte Prooded M Section 1 above. pASUM emd APpWM fltls ft 4th day Of N"T bo. 2003. APPROVED: BY DAN COODY. KOM ATTEST: 8O01DNA SMTTN. OIpr Cle4t pWIBTI 'A' RZN 03-30.00 PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND A PART OF THE WEST HALF OF THE RANGE TTHIRTY (30) WEST, ANDEAST QUARTER FSECTION MORE PARTICULARLY EN DESCRIBED IN AS FOLLOWS:IP SDTEEN (1B) NOFIRI OF I BEGINNING ATA POINT TWENTY-NINE AND SI%-TENTHS (29.8) FEET EAST AND THREE HUNDRED NINEfY-SIX AND NINETY-FOUR HUNDREDTHS (398.941 FEET NORTH OF THE SOUTHWEST CORNEA OF THE NOFlTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TONNSHIP 18 NORTH OF RANGE 30 WEST. AND RUNNING THENCE NORTH 86 DEGREES 38 MINUTES FPST ONE HUNDRED SDOV EIGHT AND FIVE-TENTHS (188.8) FEET' TFIENCE NORTH 18 DEGREES FOl1R MINUTES EAST ONE HUNDRED EDGY FIVE (1 W7 FEE9 THENCE NORTH SIXTY DEGREES FORTY EIGHT MINlTES FORTY-1W0 SECONDS WEST FOUR HUNDRED SDTTV SIX(488) FEET; THENCE SOUTH TWENTY ONE DEGREES TWENTY FIVE MINUTES WEST FIVE AND FIVE TFNRiS (5.8) FEET, THENCE SOUTH TMRTV NINE DEGREES FORTY-FIVE MINUTES WEST THREE HUNDRED THIRTY SEVEN AND TWO TENTHS (337.2) FEET; THENCE SIXfTH SEyENTY-THREE DEGREES FIVE MINUTES EPST THREE HUNDRED FIFTY-THREE AND SIX Sp EIGHT TENTFIS .� FEED, THFN(,E ASOUTI-I SEVENTY-0R MINUTES WEST FIFTY' NE DEGREES FIVE MINUTES EAST ONE HUNDRED FWfl AND NWE-TENTHS (104.9) FEET TO THE POINT OF BEGINNING. City Council Aing of November 4, 2003 q SL7 Agenda Item Numbered 03`- * CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: October 16, 2003 Subject: Rezoning request for Williams (RSF-4 to R-A) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 3 acres of property from RSF-4, Residential single family 4 units/acre and RMF-24, Residential multi-family 24 units/acre to R-A, Residential Agricultural . BACKGROUND Property description: The subject property is located on Knerr Rd. which is accessed at the eastern end of Rock St. on Mt. Sequoyah. It is a part of a large homestead which has been a part of the Williams family for many generations (since 1910). On the site there is a single family home and a barn with other accessory structures. The property is served by city water and a private septic system. The subject property is surrounded by additional property owned by the applicant which is also a part of the historic homestead. Further surrounding this property are large lots containing single family homes. Proposal: The applicant proposes to bring horses back to this property from a remote location that has been leased for many years. The existing barn will serve this activity and a pasture will be re-established north and east of the home on the property. Request: The request is to down-zone the subject property from RSF-4, Residential single family, 4 units per acre and RMF-24, Residential multi-family, 24 units per acre to R-A, Residential Agricultural in order to allow the applicant to keep horses on the property. DISCUSSION The Planning Commission voted 8-0-0 in favor of this request on Monday, October 13, 2003 . BUDGETIMPACT None. 1 r ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-30.00 AS SUBMITTED BY CHRISTOPHER WILLIAMS FOR PROPERTY LOCATED AT 288 KNERR ROAD. 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 RSF-4, Residential Single-Family;Four Units Per.Acre and RMF-24, Residential Multi-Family, 24 Units Pei Acre to R-A, Residential�Agricultural as shown in Exhibit "A" attached heret�osand madg as part hereof /v Section 2. That the o'f " 1 zoning map of the City of Fayetteville, Arkansas, is•heriby amended to rt the zoning change provided in Section 1 above. PASSED AND APPROVED thi �day, of� 92003, A\ � E APPROVED:D, By: 3 DAN COODY, Mayor ATTEST: B : y Sondra Smith, City Clew • a EXHIBIT "A" RZN 03-30.00 PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN ( 15) IN TOWNSHIP SIXTEEN ( 16) NORTH OF RANGE THIRTY (30) WEST, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT TWENTY-NINE AND SIX-TENTHS (/29 6)FEET EAST AND THREE HUNDRED NINETY-SIX AND NINETY-FOUR HUNDREDTHS (396.94) FEET NORTH OF THE SOUTHWEST CORNER OF THE/NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER\�,OF SECTION 15, TOWNSHIP 16 NORTH OF RANGE 30 WEST, AND�RUNNING HE NORTH 66 DEGREES 36 MINUTES EAST ONE HUNDRED SIXTY EIGHT AND FIVE-TENTHS ( 168.5) FEET; THENCE NORTH 16 DEGREES FOUR MINUTES\- EAST ONE HUNDRED SIXTY FIVE (165) FEET; THENCE\NORTH\SIXTY DEGREES;FORTY EIGHT MINUTES FORTY-TWO SECONDS WEST FOUR'HUNDRED SIXTY SIX (466) FEET; THENCE SOUTH TWENTY ONE DEGREES TWENTY FIVE MINUTES WEST FIVE AND FIVE TENTHS (5 .5) FEET; THENCE SOUTH\THIRTY NINE DEGREES FORTY-FIVE MINUTES WEST THREE,HUNDRED THIRTY SEVEN AND TWO TENTHS (337.2) FEET; THENCE\SOUTH�SEVENTY-THREE DEGREES FIVE MINUTES EAST THREE HUNDRED FIFT �THREE.AND SIX TENTHS (353 .6) FEET; THENCE SOUTH FOURTEEN DEGREESTORTY=FOURMINUTES WEST FIFTY-SIX AND EIGHT TENTHS(56.8)FEET; THENCE'SOUTH SEVENTY-ONE DEGREES FIVE MINUTES EAST ONE HUNDRED FOUR AND NINE-TENTHS ( 104.9) FEET TO THE POINT OF BEGINNING. i FAYETTEVILLE PC Meeting of October 13 , 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575.8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn Warrick, AICP, Zoning & Development Administrator THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: October 6, 2003 RZN 03-30.00: Rezoning (Williams, pp 524) was submitted by Christopher Williams for property located at 288 Knerr Road. The property is currently zoned RSF-4, Residential Single- family, 4 units per acre and RMF-24, Residential multi-family, 24 units per acre and contains approximately 3 acres. The request is to down-zone to R-A, Residential Agricultural. 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 13, 2003 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: November 4, 2003 (151 reading if recommended) Comments: BACKGROUND: Property description: The subject property is located on Knerr Rd. which is accessed at the eastern end of Rock St. on Mt. Sequoyah. It is a part of a large homestead which has been a part of the Williams family for many generations (since 1910). On the site there is a single family home and a barn with other accessory structures. The property is served by city water and a K:Meporls120031PC REPOR7'SI10-13�rzn03-30_wdliams.doc private septic system. The subject property is surrounded by additional property owned by the applicant which is also a part of the historic homestead. Further surrounding this property are large lots containing single family homes. Proposal: The applicant proposes to bring horses back to this property from a remote location that has been leased for many years. The existing barn will serve this activity and a pasture will be re-established north and east of the home on the property. Request: The request is to down-zone the subject property from RSF-4, Residential single family, 4 units per acre and RMF-24, Residential multi-family, 24 units per acre to R-A, Residential Agricultural in order to allow the applicant to keep horses on the property. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family residential RSF-4 & RMF-24 South Single family residential RSF-4 & RMF-24 East Single family residential RSF-4 West Single family residential RMF-24 INFRASTRUCTURE: Access to this property is from Rock Street and Knerr Road. Both are designated local streets on the Master Street Plan, however neither street is currently developed to City standards. City water is available and currently serves the property. A 6" water line is located along Roack Street north and west of the property. City sewer is not available to this property. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R-A, Residential Agricultural 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 requested zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The property is designated Residential on the Future Land Use map and will remain residential in nature. The preservation of the historic homestead and barn is desirable and is also consistent with policies and strategies included in the General Plan 2020. A portion of the subject property is identified as having a slope of 15% or greater. Preservation of this hillside area can in part be K.Weports00031PC REPOR7SVO-13bznO3d0 wiliams.doc achieved through applying a zoning district which reduces the amount of allowable density. 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 for the applicant to be able to enjoy his property in a manner consistent with the history of the land as well as the adjacent properties. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or increase traffic danger or congestion. This proposal does not contemplate further development on the property which would result in additional traffic on adjacent or nearby streets. Police - This rezoning will not substantially increase traffic .congestion in the area. 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: The proposed zoning will not alter the population density, the allowable density of this property will be reduced as a result of this action. Po/ice - This rezoning will not substantially alter the population density and thereby undesirably increase the load on police services. Fire - Response time to the subject property (actual drive time) is 1 minute 50 seconds from station #1 on Center Street. No fire hydrants were located in the area and the road is very narrow. 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 K:Wepor[s120031PC REPORTSV 0-131mn03-30_wiliams.dw