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HomeMy WebLinkAboutOrdinance 4585r� Doc 007553970002 TVDe: REL Recorded: 08/11/2004 at 12:05:53 PM Fee AM $11.00 Paoe 1 of 2 Mashlnoton Countv. AR Bette Staws Circuit Clerk F11e2004-00032428 ORDINANCE NO. 4585 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED' IN REZONING PETITION RZN 04-1080 AS SUBMITTED BY JAY RODMAN FOR PROPERTY LOCATED AT 3198 W. 6T" STREET, CONTAINING APPROXIMATELY 0.81 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO C-11 NEIGHBORHOOD COMMERCIAL 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 R-A, Residential Agricultural to C-1, Neighborhood Commercial 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 6`h day of July, 2004. By: ATTEST: APPROVED: , Mayor By: kzy' "4/ ;FAYETTEVILLE; SONDRA SMITH, City Clerk �z�, • �^ A_ �nl�C NAME OF FILE: Ordinance No. 4585 CROSS REFERENCE: Item # Date Document 1 07/06/04 Ord. 4585 w/Ex. A 2 06/17/04 memo to the mayor and city council draft ordinance memo to Planning Commission copy of 161.16 Jay Rodman letter Ex. A picture of area copy of survey copy of letter from police dept. copy of Close Up View copy of Future Land Use copy of One Mile View copy of Planning Commission minutes Staff Review Form memo to Dawn Warrick Affidavit of Publication MATFS• L D . '7 /&/0 5c City Council X ting of July 06, 2004 4.1 585 Agenda Item Number lPZN oy-� CITY COUNCIL AGENDA MEMO RMM M/1 To: Mayor Coody and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: June 17, 2004 Subject: Rezoning request for Trumbo (RZN 04-1080) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 0.81 acres of property from R-A, Residential Agricultural to C-1, Neighborhood Commercial. BACKGROUND Property description: The subject 0.81-acre tract of land is located on Hwy 62 (6a' Street), directly north of the Lowe's Planned Zoning District. Surrounding properties are zoned C-1, C-2, R-O and C-PZD along 61h Street. The Future Land Use Plan identifies this property for Mixed Use. A single family home currently occupies the site, though vacant at this time. Similar properties are situated nearby, zoned for office or commercial use. Proposal: The applicant proposes to rezone the 0.81-acre tract in anticipation of a future sale and development of the property for non-residential and non-agricultural uses. A specific anticipated use of the property has not been identified at this time. The requested zoning will provide convenience goods and personal services for persons living in the surrounding residential areas. On June 14, 2004, the Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval of the rezoning. BUDGETIMPACT None. • - • ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1080 AS SUBMITTED BY JAY RODMAN FOR PROPERTY LOCATED AT 3198 W. 6T" STREET, CONTAINING APPROXIMATELY 0.81 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO C-1, NEIGHBORHOOD COMMERCIAL BE IT ORDAINED BY THE CITY FAYETTEVILLE, ARKANSAS: 49 OF THE CITY OF Section 1: That the zone classification of th TMIlowing described property is hereby changed as folly. _ From R-A, Residential Agricultural) shown in Exhibit "A" attached hereto Section 2. Tl Arkansas, is hei Section 1 above. PASSED AND 0 B this as a part hereof. ming map of the City of Fayetteville, reflect the zoning change provided in day of JF 12004. DAN GOODY, Mayor EXHIBIT "A" RZN 04-1080 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS 679.07' SOUTH AND N89017'5877W 1038.49' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THEN(�yE NORTH 265.121 1 THENCE S89017758"E 118.917, THENCE S87021553"E 26.301THENCE S00001115"W 220.44' TO THE NORTH RIGHT OF WAY OF HIGHWAY\2 WEST, THENCE S73050'50"W ALONG SAID RIGHT OF WAY, 151.06'0; THE POINT OF BEGINNING. CONTAINING 0.81 ACRES, MOREN qR LESS: < SUBJECT TO EASEMENTS OF RECORD, IF ANY. 4, ra . sT.E: 1• FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 14, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: June 09. 2004 RZN 04-1080: Rezoning (TRUMBO, 557): Submitted by JAY RODMAN for property located at 3198 W 6TH STREET. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 0.81 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to C-1, Neighborhood Commercial. Property Owner: DONNA TRUMBO Planner: JEREMY PATE RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: R� f quired YES CN Approved O Denied Date: June 14, 2004 0_p CITY COUNCIL ACTION: Required YES O Approved O Denied Date: July 06, 2004 (15t reading if recommended) Comments: BACKGROUND: Property description: The subject property is located north of Hwy 62W (6'h Street), north of the Lowe's development, west of Finger Road. Surrounding properties are primarily large tracts which are vacant or developed with as commercial properties. The 0.81-acre tract contains a single family dwelling, within an R-A zoning district. This lot is an existing non -conforming lot of record, as the R-A district requires a minimum 2.0 acre size. Property to the north and east is K.,Vieporu120041PC Reports106-14-04WZN 04-1080 (TRUMBO).do zoned C-1, to the west R-O, and to south C-PZD, which is the Lowe's Home Center. Proposal: The applicant has not disclosed a potential use or project on the site, though it is anticipated that a land use allowed within the C-1, Neighborhood Commercial zoning district will be pursued. Request: The request is to rezone the subject property from R-A, Residential Agricultural to C-1, Neighborhood Commercial. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant C-1, Neighborhood Commercial South _ Lowe's Home Center C-PZD, Commercial PZD East Vacant C-I. Neighborhood Commercial West Single Family home as a business R-O, Residential Office INFRASTRUCTURE: Streets: The property fronts onto and is accessed from Sixth Street (Hwy 62) which is an improved five lane highway. If development occurs on this site, street improvements will only consist of replacement of any broken sections of curb and gutter and the installation of a 6' sidewalk located at the right-of-way. Water: The property currently has access to a 12" water main on the south side of Sixth Street. An extension of the water main may be required to provide water supply and fire protection within any development on this property. Sewer: The site currently has access to a 6" sewer line to the northwest of this property. A sewer main extension will need to be constructed to provide servige to any development on this site. A capacity analysis may need to be conducted to verify line capacity before the extension will be allowed. Fire: The subject property is located 1.5 miles from the Fire Station #6 on Hollywood Avenue. Fire response time is approximately 34 minutes. Police: It is the opinion of the Fayetteville Police Department that this annexation will not substantially alter the population density and thereby undesirably increase the load on police services. K:IReports120041PC Reports106-14-041R7.N 04-1080 (TRUMBO).do LAND USE PLAN: The Future Land Use Plan designates this site for Mixed Uses. Rezoning this property to C-1 is consistent with the land use plan and is compatible with surrounding land uses in the area. 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 rezoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Surrounding properties are commercial in nature, and those that are vacant are currently zoned for commercial or office land uses. The proposed C-1 zoning is compatible with adjacent properties, in converting a remnant tract of Residential -Agricultural along Hwy 62 to a more appropriate commercial designation. ` 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 utilize the subject property in an appropriate manner that is compatible with adjacent land uses. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: There is no known proposed re -use of the site at this time. It is anticipated that a future commercial use on the property would increase traffic from that which is currently generated. However, Hwy 62 is a Principal Arterial, and a 5-lane improved highway in this location, which should adequately serve the increase on an 0.81-acre site. At the time of development, curb cuts/entry drives onto the property will be reviewed for safety. Police — It is the opinion of the Fayetteville Police department that an appreciable increase and traffic danger and congestion will not be created by this rezoning request. 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 would not alter the population density in the area. K.-Weporls120041PC Reporls106-14-04WZN 04-1080 (TRUMBO).do 1• • Public service providers have responded accordingly: Police — This rezoning will not substantially alter the population density thereby undesirably increasing the load on police services. Fire — Response time to the subject property (actual drive time) is approximately 3- 4 minutes (approx. 1.5 miles) from station #6 on Hollywood Ave. Hydrants may need to be installed to serve development on this property. Engineering - The property currently has access to a 12" water main on the south side of Sixth Street. An extension of the water main may be required to provide water supply and fire protection within any development on this property. The site currently has access to a 6" sewer line to the northwest of this property. A sewer main extension will need to be constructed to provide service to any development on this site. A capacity analysis may need to be conducted to verify line capacity before the extension will be allowed. The property fronts onto and is accessed from Sixth Street (Hwy 62) which is an improved five lane highway. If development occurs on this site, street improvements will only consist of replacement of any broken sections of curb and gutter and the installation of a 6' sidewalk located at the right-of-way. 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: U?epora12004PC Reports106-14-041HZN 04-1080 (TRUMBO).doc 161.16 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in restaurants Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities t (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 ft. Side None Side, when contiguous to a residential 10 ft. district Rear 20 ft. (F) Height regulations. There shall be no maximum height limits in C-1 District, provided, however, that any building which exceeds the height of 10 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 10 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19$0; Ord. No. 1747, 6-29-70; Code 1991, § 160.035;Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) K: IReporis120041PC Reportr106-14-04tR7N 04-1080 (TRUMBO).doc April 1% 2004 Planning Commission . To Whom It May Concern: SUBJECT: REZONING APLICATION: ITEMS 5 & 6. 5A. Donna Trumbo owner, Owner of 3198 W. 61h Street, has entered into a contract to sell the property pending the successful application for rezoning 5B. Buyer has a contingency in the contract for zoning to C1 status. 5C Property adjacent to and west of subject property is currently zoned RO; Property's adjacent to and east and North of subject property is currently zoned C1. Property to the immediate South of Subject property ([,owes) is zoned CZPD. The potential buyer has not disclosed use of property. 5Ik A six-inch water line is available along Old f armington Road as well as along One Mile Road, a twelve inch water line is available along the south side of Hwy. 62. A six-inch sewer line is available along the north side of Hwy. 62. 6A. As the majority of adjacent properties are zoned C1, we feel the proposed zoning is consistent with land use planning adjectives; principles, and polices within this area 6B. The proposed zoning is justified and needed at this time to meet the contractual obligations of the property owner. 6C This property consists of .81 of an acre, while the eventual use will be commercial in nature, we do not foresee an appreciable increase in traffic and danger and or congestion. 6D. This property consist of .81 of an acre, while the eventual use will be commercial in nature, we do not foresee an appreciable increase in the load on public services including schools, water and sewer facilities. 6E As the property fronts Hwy. 62., which carries in excess of thirty thousand cars per day, we don't believe that the current zoning allows for the highest and best use of the property. Sincerely, - / (?J" Jay Rodman MAY 0 5 2004 EXHIBIT "A" RZN 04-1080 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS 679.07' SOUTH AND N8901715817W 1038.49' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NORTH 265.121, THENCE S89017158"E 118.911, THENCE S87021153"E 26.301, THENCE S00001'15"W 220.44' TO THE NORTH RIGHT OF WAY OF HIGHWAY 62 WEST, THENCE S73050'50"W ALONG SAID RIGHT OF WAY, 151.06' TO THE POINT OF BEGINNING. CONTAINING 0.81 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS OF RECORD, IF ANY. s: r fl � t r A �' .v� hq$ � 41�' 3 9Y1+� { 1 k ✓ �t v Lo .14 41, e w rsv .dU 2'r'"` ✓? x r +rFei ci'�> v wd a i4 I3 6pr, 9+i {IVc s a NE CORNER ONE6111E ___wE_sT___ TT "b-W r--------- N.----------� I 106T.SS. NI Z I DOI of a o a I Lnj a I I S 89'02'01" E 145.31' I I sa.e' I I vi ONE STORY IZ FRAME HOUSE a 30.5' 1. ., o I Z I ro [ - N wr E. I 1 3 I } 1 ; I Y' I D I a � I N O I 'o�, i oN I O N N I ' I Z I 1 1 I TOTAL ACREAGE I i 0.81 AC I I I I I 1 1 I ' I -1410 0�w W gg�.m+NEn I 5 151.11, SEOI ON19. 'N PY #6P l5 ENE PSP SURVEY DFSCRIPTbF A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19. TOWNSHIP 16 NORM. RANGE 30 WEST. BEING MORE PARRCULARLY DESCRIBED AS FOLLOWS, TO -WIT.' BEGINNING AT A POINT WHICH IS 1064.58' WEST AND SOO'19'20'W 414.46' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S89T12'01'E 145.31'. THENCE S0071'49'W 220.46' TO THE NORTH RIGHT-OF-WAY OF HIGHWAY 62 WEST, THENCE S7410'07"W ALONG SAID RIGHT-OF-WAY, 151.11'. THENCE LEAMNG SAID RIGHT-OF-WAY N00'19'20'E 264.13' TO THE POINT OF BEGINNING CONTAIN M. 0.81 AGES. MORE OR LESS SUB.ECT TO EASa"TS OF RECORD, IF ANY. ea: la .. I ,.. aw.r �a :m :a a I , ru o' 50' i oo TKr NmWorK KP,♦Na " Ka a a, III* ♦wk, ♦ P/W M O SET IRON poll • FOUND PIPE R/W MARKER V AUMN1•I MONUMENT • IXIIO IROM PN 0 STATE MgAAEHT —X-X— PENCE ■ FOIAID STME BLEW LAND SURVEYING 524 W. SYCAMORE 4 150' Scale:l'=50' Drawn: BDB MAY 0 5 2M* FAYF'i +NEVI LLE THE CRY OF FAYETTEVILLE, ARKANSAS June 8, 2004 Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, AEIVED JUN 0 9 2004 PLANNING DIV, This document is in response to the request for a determination of whether the proposed RZN 04-1080 Rezoning (Trumbo, pp 557) submitted by Jay Rodman for property located at 3198 W. 6a' Street would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. POLICE DEPARTMENT It is the opinion of the Fayetteville Police Department that this Planned Rezoning District will not substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger and traffic congestion. Sin erely, l C ieutenant William Brown Fayetteville Police Department iAYETTEVILLE POLCE DEPARTMENT (DEUYERIES) POUCE 100-A WEST ROCK STREET 72701 to. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701 AYETTEVILLE, ARKANSAS 72702-1988 PRONE: 501-5873555 FAX: 501-587-3522 :• RZN04-1080 Close Up View R TRU M BO d a R-A I I•'Ii-� I i �12 i I I C-2 R-0 R-O C-2 R-0 C-2 RMF-24 Overview R-O RSF-4 C-1 CPZD Legend mDoc PO"d ✓Da ® gydVM MaW — FLOOOWAY Mailer Stmn Plan aMbm RnMal —lmY MaaWStraal Plan —SOeY )� Fre AEapesawey 0990 LIMIT OF STUDY — — - eafNLie PmfM ® RZN04-1080 C�l Fayetteville ® o cny 0 75 150 300 450 600 Feet E C-2 I • RZN04-1080 TRUMBO ............................ ............................ .................. ........... .......... _..._..............................._..................................................._.................... :::::::i:::::::: .a7::::: ................................................................... y _ ............ . o.. ......,............ _�_r .... ....................................:........ 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R:A'::::::::::::' . . . . . . .. . . . . . . . . . . . . _ . . . . . . . . . .. . . . . . . .. . . . - . . . . . . . .. . . . . . . . . . .. . . . . . .. . . . . . . . . . . _ . . . . . . �::"':::::::::::::: ' . . :::::::::: ::::::::1::::::::::::::::... .. . . .. .. . . . . . . .. .. .. .. ...at . . . . . . MF24:/..i::::" . . . . . . . . .. . . . . . . .. . . . . ... ..... . .. . . . . . . .. . . . . . .. . .. . .. - .. .. .. Mixed Use - - - • - - - - - . _ _ _ _ _ _ Regional.Commercial SUBJECT: PROPERTY - .. .. .. .. .................. . R-O. .. .. 1 . . . ... . . . . . . . .. . . . . :'CPZO .... .... .i . . . . .. . ................................................................ ..................::::::::::::: :::::::::.............................................................................................................................. ..................................................... Overview Legend Subject Property - - Boundary Master Street Plan "'- RZN04-1080 Plannup Area q- \r d�'FreewaYprassway �ooorb Principal Arterial _ Streets �oaa8 Overlay District A o v Minor Arterial Existing `=.4';`:� Outside City Planned ��♦Collector - • ��� Historic Collector 0 75 ISO 300 450 600 Feet Planning Commission June 14, 2004 Page IS RZN 04-1080: Rezoning (TRUMBO, 557): Submitted by JAY RODMAN for property located at 3198 W 6TH STREET. The property is zoned R-A, RESIDENTIAL - AGRICULTURAL and contains approximately 0.81 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to C-1, Neighborhood Commercial. Ostner: Our next item is RZN 04-1080 for Trumbo. If we could have the staff report Mr. Pate. Pate: Thank you Mr. Chair. The subject property is located off of Hwy. 62 West, 6a' Street, north of the Lowe's Planned Zoning District, west of Finger Road. The applicant is requesting a rezoning from the current zoning district, R-A, Residential Agricultural, to C-1, Neighborhood Commercial. The property consists of approximately 0.81 acres. There is an existing single family home on the property. Surrounding properties are primarily large tracts which are vacant or developed with commercial properties. This lot is an existing non -conforming lot of record as the R-A district requires a minimum 2.0 acre size. There are currently water and sewer services to the site as well as access to 6`h Street. The fire response time to this property is approximately 3 to 4 minutes from Fire Station #6. As I mentioned, the property to the north is zoned C-1, to the south is a Commercial Planned Zoning District. To the east is C-1, Neighborhood Commercial and to the west is R-O, Residential Office. Staff is recommending approval of this rezoning request. Some of the findings that we have made and supplied in your staff report include the proposed rezoning is consistent with the land use plan objectives, principals and policies and with land use and zoning plans for this area. The future land use plan does call this site out for mixed uses. As 1 mentioned, surrounding properties are commercial in nature and those that are vacant are currently zoned for commercial or office uses. Therefore, the request for C-1, Neighborhood Commercial Zoning, is compatible with adjacent properties. It is the opinion of the public service providers in the City of Fayetteville that this rezoning request will not create an appreciable increase in traffic danger and congestion nor will it alter the population density in this area. With those findings, staff is recommending approval of the rezoning request. Ostner: Thank you Mr. Pate. Is the applicant present? If you would sign in at the podium and introduce yourself. Rodman: My name is Jay Rodman, I'm a commercial realtor with the Nickle Hill Group. We are representing the property owner that has entered into a contract to sale this property. The buyer has not indicated an end use to it but he does feel that the property would be more marketable in the future with an appropriate zoning. I'm here to answer any questions you may have. Panning Commission June 14, 2004 Page 16 Ostner: Is there anyone from the public who would like to speak to this rezoning? Seeing none, I will close it to the public and.bring it back to the Commission for discussion. MOTION: Anthes: I believe this rezoning is consistent with our 2020 Plan and other surrounding zonings in the area. Therefore, I will move for approval of RZN 04-1080 recommending to City Council to approve the request. Allen: I will second. Ostner: I have a motion by Ms. Anthes and a second by Ms. Allen. Is there any further discussion? Renee? Roll Call: Upon the completion of roll call the motion to forward RZN 04-1080 to the City Council with a recommendation for approval was approved by a vote of 8-0-0. Thomas: The motion carries eight to zero. STAFF RE* FORM - NON -FINANCIAL OBATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: July 6, 2004 FROM: Dawn Warrick, AICP Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: RZN 04-1080: Rezoning (TRUMBO, 557): Submitted by JAY RODMAN for property located at 3198 W 6TH STREET. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 0.81 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to C-1, Neighborhood Commercial. STAFF RECOMMENDATION: DepartmentDirector )\I'(/l+ ►`Ci���J Finance k Internal Services Dir. Approval U Received in Mayor's Office-1$Ggem Tat Date /6y Date Cross Reference: Date Previous Ord/Res#: Date Orig. Contract Date: JV'` g Z (7✓f Orig. Contract Number: Chi�mmistrative Officer Date New Item: Mayor Date Yes No FAYETTEViLLE • THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman V City Clerk Division Date: July 9, 2004 Re: Ordinance No. 4584 Attached is a copy of the above ordinance passed by the City Council, July 9, 2004, approving RZN 04- 1080 for property located at 3198 W. 6" Street. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering c, ;' . • Nye, i may. AFFIDAVIT OF PUBLICATION I, L_ , do solemnly swear that I am Lego o e Ark ns emocrat-Gazette/Northwest Arkansas Times ne spaper, printed and published in Lowell, Arkansas, and that from my wn personal knowledge and reference to the files of said publication, that advertisement of: Nt) was inserted in the regular editions on —ili�lo�l PO# Oq-3WLo Publication Charge: $ 10o t-4 Subscribed and sworn to before me this RECEIVED _ JUL 2 0 2004 '�_ day Of ) c t I y 2004. CPTY OF FAYETTEVILLE CLERK'S OFFICE Notary Public My Commission Expires: 07/d5So1:9Q " Please do not pay from Affidavit. An invoice will be sent. Official. Seal AN-MICHAEL ARGO Public -Arkansas SHINGTON COUNTY [M::Notary mission Expires 07-25-2013 ORDINANCE NO. 45EE AN ORDINANCE REZONING THAT PROPERTYDESCRIBED IN REZONING PETITION RZN 04-1080 AS SUB MRTED BY .NAY RODMAN FOR PROPERTY LOCATED AT 3198 W. BTH STREET, Mgt ii� i CONTAINING APPROXIMATELY 0.81'ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO C-1, NEIGHBORHOOD. q_ COMMERCIAL ft ofo„C•WI7 BE IT ORDAINED EV THE CITY COUNCIL OF THE CITY OF PATUMMLLE, ARNANNSAW Section I: That the zone classificatlon of the fofiowtng aescribeo property i9 hereby cnangetl W follows: From R-A, Resipentlal AgnpAMel to C-1, Nelghborhootl Corrmercitt W shown in Exhot 'A'attachad hereto erltl ma6a a part hereof. Sectbn 2: Thet VIe olAtial zomg map of the City of Fayenevlfie. Arkensae, a hereby amerboo to mfieot the zordng cfvsrge pmvibetl In Section 1 above. PASSED and APPROVED tins 8th day of July, 2004. APPROVED: By. DAN COODY Mryaz ATTEST: By: SONDRA SUR , City Cbrt EXHIBIT'A' RZN 04-1080 - A PART OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SECTION 19,1 TOWNSHIP 18 NORTH, RANGE 30 WESt BEING MORE PARTICULARLY DESCRIBED ASTOLLOWS, TO WL BEGINNING AT A POINT WHICH IS 879.07' SOUTH AND NW17.58-W 1038.49- FROM THE i NORTHEAST. CORNER OF SAID FORTY ACRE TRACT AND SUNNING THENCE NORTH 265.12'. THENCE S89"17'58PE 118.91', THENCE S87'21'53-E 28:30'; THENCE SOO I-15-W 220."' TO THE NORTH RIGHT OF WAY OF HIGHWAY 82 WEST, THENCE S73050.50-W ALONG SAID RIGHT OF WAY 151.08' TO THE POINT OF BEGINNING, CONTAINING 0.81 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS OF RECORD, IF ANY. 0 212 NORTH EAST AVENUE 0 P.O. BOX 1607 a FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 �I EXHIBIT "A" RZN 04-1080 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS 679.07' SOUTH AND N89017'58"W 1038.49' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NORTH 265.12', THENCE S89017158"E 118.91', THENCE S87021153"E 26.309, THENCE S00001'15"W 220.447 TO THE NORTH RIGHT OF WAY OF HIGHWAY 62 WEST, THENCE S73050950"W ALONG SAID RIGHT OF WAY, 151.06) TO THE POINT OF BEGINNING. CONTAINING 0.81 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS OF RECORD, IF ANY. Washington County, AR I certify this instrument was filed on 08/11/2004 12:05:53 PM and recorded in Real Estate File Number 2004-000 2428 Bette Stamps - Circui lark by