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