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HomeMy WebLinkAboutOrdinance 4630ORDINANCE NO. 4630 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1164 AS SUBMITTED BY MELISSA CURIEL FOR PROPERTY LOCATED SOUTH OF WEDINGTON DRIVE AND EAST OF 54T" AVENUE, CONTAINING APPROXIMATELY 4.93 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF-6, RESIDENTIAL MULTI FAMILY, SIX UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE LIMITING THE NUMBER AND TYPE OF STRUCTURES TO DUPLEX AND SINGLE FAMILY USE 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 RMF-6, Residential Multi -Family, 6 Units Per Acre 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. Section 3: That this property is subject to a Bill of Assurance offered by the property owner to carry with the land, limiting the use of the property to two family and single family dwelling units as shown in Exhibit `B" attached hereto and made a part hereof. PASSED and APPROVED this I51 day of November, 2004. By: COODY, ATTEST: ZA:i\TYa . By: U: FAYEITEVILLE: S N RA SMITH, City Clerk =S IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded: 112/03/20040atT 12:23:41 AM Fee Amt: $26.00 Pace 1 of 7 Mashlnoton Countv. AR Bette Stamos Circuit clerk F14004-00049489 EXHIBIT "A" RZN 04-1164 A PART OF THE NORTHWEST QUARTER (NW'/4) OF THE SOUTHEAST QUARTER (SE'/4) AND A PART OF THE NORTHEAST QUARTER (NE'/4) OF THE SOUTHWEST QUARTER (SW '/4) OF SECTION ELEVEN (11). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY ONE (31) WEST. BEING MORE PARTICULARLY DESCRIBED, TO -WIT: BEGINNING AT A POINT IN THE CENTER OF WEST 54T" STREET WHICH IS NORTH 240.0 FEET AND NORTH 89054'11" WEST 165.0 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, SOUTHEAST QUARTER AND RUNNING THENCE NORTH ALONG THE CENTERLINE OF SAID STREET 150.0 FEET; THENCE NORTH 89°42'30" EAST ALONG THE NORTH SIDE OF A 25 FOOT WIDE DRIVE WAY 480.00 FEET; THENCE NORTH 223.25 FEET; THENCE SOUTH 89°54'11"EAST 346.08 FEET TO AN EXISTING FENCE LINE; THENCE SOUTH 00°24'00" WEST 374.00 FEET; THENCE SOUTH 02°28"51" WEST 91.52 FEET; THENCE NORTH 85°33'36" WEST ALONG AN EXISTING FENCE 126.0 FEET; THENCE SOUTH 45°00' WEST 25.0 FEET; THENCE WEST 20.0 FEET; THENCE NORTH 01030'52" EAST 91.08 FEET; THENCE NORTH 89'54'11" WEST 664.22 FEET TO THE POINT OF BEGINNING, CONTAINING 4.93 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN STREET RIGHT OF WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND UTILITY EASEMENTS OF RECORD. ClawnXer (RZN 04-1164) • • Bill of Assma ce t Page 1 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner(s), developer, or buyer of this property, (hereinafter "Petitioners") Juan Curiel, Leandra Curiel, Pedro Curiel, Florencia Curie] and Candido Curiel, hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioners or Petitioners' heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas, The Petitioners acknowledge that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' rezoning request. Petitioners hereby voluntarily offer assurances that Petitioners and Petitioners' property shall be restricted as follows IF Petitioners' rezoning is approved by the Fayetteville City Council. 1. The use of Petitioners' property described in Exhibit "A" attached hereto shall be limited to a density of 20 residential dwelling units. 2. The type of residential structures located on the Petitioners' property described in Exhibit "A" attached hereto shall be limited to single family homes or duplexes only. 3. Petitioners specifically agree that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners' rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners' property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, Juan Curiel, Leandra Curiel, Pedro Curiel, Florencia Curiel and Candido Curiel, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below. Oct 27 04 JU:UGa • • P 2 t,.seat . K'NN I!61i A, I :I A)N•IJu'a' Date I6�1 7roll►�a � �t.e . Address sa Date Addret,s Printed Name � I Signature Printed Name Signature NOTARY OATH Ci}t-/�viN i IR ' STATE OF AR*ANSA& COUNTY OF WA8HWGTf4Wws ; SfFN MAt 71 ,%nd nAW un this the _A L ay of GGf��R-120N, appeared before m'=• — �l �5.��—____�__ and after being placed upon s h ath swore or affirmed that he agreed with the terms of the above Bill of _ ssurance and sighed his name above G NOT PU M�y{C•ommission F.xpires: a~t-Lifr .. (f �� N°tclY �ubUc CMtgnla Sett t,totao Cou1Ar A'V Comm. �pryy JW 16, 2t1QS Clevenger (RZN 04-1764) • • Bill ofAssumure Page 3 10-27— Date Printed Name 36317'���)eworx� Addr�e/$s S7a rYl;(ro727�y /D-27- oy Date zlo31-)' 4R%wood% DY Addre s l JC�vY ; x e 701e A9-A' 727.0Y ignature e-arrd•>-off Printed Name Signature NOTARY OATH STATE OF ARKANSAS ) COUNTY OF 19EASEI6rT6I� } en o✓L And now on this thee` day of Oe'k ixr 2004, appeared before �di me, *erun SCO4 and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name abov . OTARY P BLIC My Commission Expires: //-22-2,06S OFFICIAL SEAL KATHERYN D.SCOTT Notary Public - Arkansas Benton County My Commission Expires: Nov. 28, 2005 Cleneuger (RZN 04-7764) Bill ofAssumiee Page 4 io- a- ?-oy Date 520 far qe_ Blvd Address L otoe6L A2 727�F5 STATE OF CALIFORNIA COUNTY OF SAN MATEO C'and;do Curia/ F ore n c,i a, Qm ri el Printed Name NOTARY OATH // 7 ✓ And now on this the Z 6 day of 2004, appeared before me, C-t-eortt e D. L-;vecma-e and after beIn—*placecl upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above. NOTAR PU LIC My Commission Expires: Cimenger (RZN 04-1164) Bill of Assurance Page 5 EXHIBIT"A" RZN 04-1164 0 A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND A PART OF THE NORTHEAST QUARTER (NE 1/4 OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION ELEVEN (11). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY ONE (31) WEST. BEING MORE PARTICULARLY DESCRIBED, TO -WIT: BEGINNING AT A POINT IN THE CENTER OF WEST 54TH STREET WHICH IS NORTH 240.0 FEET AND NORTH 8905411111 WEST 165.0 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, SOUTHEAST QUARTER AND RUNNING THENCE NORTH ALONG THE CENTERLINE OF SAID STREET 150.0 FEET; THENCE NORTH 8904213011 EAST ALONG THE NORTH SIDE OF A 25 FOOT WIDE DRIVE WAY 480.00 FEET; THENCE NORTH 223.25 FEET; THENCE SOUTH 89054111"EAST 346.08 FEET TO AN EXISTING FENCE LINE; THENCE SOUTH 00024100" WEST 374.00 FEET; THENCE SOUTH 02°28"51" WEST 91.52 FEET; THENCE NORTH 85033136" WEST ALONG AN EXISTING FENCE 126.0 FEET; THENCE SOUTH 45000' WEST 25.0 FEET; THENCE WEST 20.0 FEET; THENCE NORTH 01°30152" EAST 91.08 FEET; THENCE NORTH 89°54'11" WEST 664.22 FEET TO THE POINT OF BEGINNING, CONTAINING 4.93 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN STREET RIGHT O FWAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND UTILITY EASEMENTS OF RECORD. Fp DATE) L_IS TIME ! � Z.M. M e n-ee OF '0-(\ i PHONE FAX MESSAGE -� C L' TELEPHONED I RXRNED YOUR CALL P/LEASE CALL WILL CALL AGAIN CAME TO SEE YOU SIGNED ❑ WANTS TO SEE YOU �►"19ir1Q�� �� Of i fi-s:s0rance -h)r C1�eve�.� J7��►ex�S i I Washington County, AR I certify this Instrument was, filed on 12/d3/2004 11:23:41 AM' and recorded in Real Estate File Number 2004-00049489 Be I tamps -Circuit Clerk b 0 0 NAME OF FILE: Ordinance No. 4630 w/Ex. A & Bill of Assurance w/Ex. A CROSS REFERENCE: Item # Date Document 1 09/28/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 copy of Bill of Assurance 5 memo to Planning Commission 6 copy of letter from Melissa Curiel 7 copy of legal description 8 letter from Police Dept. to Dawn Warrick 9 copy of Close Up View 10 copy of Future Land Use 11 copy of One Mile View 12 Staff Review Form 13 copy of Planning Commission minutes 14 memo to Dawn Warrick 15 Affidavit of Publication 16 wrong ordinance sent by Planning Division 17 memo to Dawn Warrick 18 19 20 21 22 23 24 25 NOTES: at City Council Meetilpof October 19, 2004 (/6� A ends Ite N b g m um er CITY COUNCIL AGENDA MEMO lljny&r Sri b,L To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator' Date: September 28, 2004 Subject: Rezoning request for Clevenger Drive (RZN 04-1164) Planning Staff recommends approval of an ordinance rezoning approximately 4.93 acres of property from R-A, Residential Agricultural to RMF-6, Residential Multi -family, 6 units per acre, with an associated Bill of Assurance limiting the dwelling type to Single Family or Two-family only. BACKGROUND Property description: The subject property is located on Clevenger Drive, east of 54`h Avenue, south of Wedington Drive. Surrounding properties are zoned RSF-4 and R-A and are developed as single and two-family residential homes or agricultural land. The 4.93-acre tract is fully developed with two-family dwelling units. Development on the property predates the annexation of this area into the City of Fayetteville in the 1980s. At that time, land was primarily zoned R-A, Residential Agricultural by default as it was annexed. The existing ten (10) structures house a total of twenty (20) units, with a density of 4.0 dwelling units per acre. Though two-family dwelling units are permitted by right in the R-A zoning district, density is limited to %z unit per acre (1 unit per 2 acres). The subject property is developed all on one (1) parcel of 4.93 acres, with frontage onto Clevenger Drive and 54`h Avenue. The structures are thus considered nonconforming structures, and may not be replaced if destroyed except in compliance with zoning and development regulations. Proposal: The applicant proposes a rezoning of the subject property to facilitate the reconstruction of a two-family unit lost to arson in the recent past. Upon application for a building permit to replace the structure, the applicant was informed that the structures were nonconforming, and thus could not be replaced. The intent is to replace the original structure with one that is similar in size and location. Originally the applicant submitted a rezoning request to RT-12, Residential Two and Three -Family, to change the zoning district to one that would allow rebuilding of the dwelling units. However, staff was not in support of such a change in density on the site, which, with potential redevelopment of the property in the future, could increase the number of units on the property to fifty-nine (59). The applicant has changed the rezoning request, based on discussions with staff, to RMF-6, for a lower density. / {ton 1ST aawllly /o/m�404 City Council Meetillpof October 19, 2004 Agenda Item Number Additionally, the applicant is offering a Bill of Assurance stating that only two-family or single family residences may be constructed on the subject property, thereby eliminating the possibility of apartment -style dwelling units in this area. Request: The request is to rezone the subject property from R-A, Residential Agricultural to RMF-6, Residential Multi -Family, 6 units per acre, with a Bill of Assurance limiting the type of development to single family and two-family dwelling units. On September 27, 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. 0 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1164 AS SUBMITTED BY MELISSA CURIEL FOR PROPERTY LOCATED SOUTH OF WEDINGTON DRIVE AND EAST OF 54T" AVENUE, CONTAINING APPROXIMATELY 4.93 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF-6, RESIDENTIAL MULTI FAMILY, SIX UNITS PER ACRE SUBJECT'TO A BILL OF ASSURANCE LIMITING THE NUMBER/AND TYPE OF STRUCTURES TO DUPLEX AND SINGLE<FA�MILY, USE. BE IT ORDAINED BY FAYETTEVILLE, ARKANSAS: Section 1: That the zone i property is hereby changed as the CITY OF described From R-A, Residential Agricultural to RMF-6; Residential Multi -Family, 6 Units Per Acre as shown imEXhibit'W' attached �hereto and made a part hereof. Section 2. That t\h\of�fich1 zo�map of the City of Fayetteville, Arkansa ; is hereby amended to reflect the zoning change provided in ,Section l'abwe. V/Section 3.) That this property is subject to a Bill of Assurance offered by tfie projierty_owner-to�carry with the land, limiting the use of the --- .property\Wtwo f milt' and single family dwelling units as shown in Exhibit `B'�attached hereto and made a part hereof. PASSED\AND APPROVED this day of 2004, By: DAN COODY, Mayor ATTEST: By: 0 ! EXHIBIT "A" RZN 04-1164 A PART OF THE NORTHWEST QUARTER (NW'/4) OF THE SOUTHEAST QUARTER (SE'/4) AND A PART OF THE NORTHEAST QUARTER (NE'/4) OF THE SOUTHWEST QUARTER (SW '/4) OF SECTION ELEVEN (11). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY ONE (31) WEST. BEING MORE PARTICULARLY DESCRIBED, TO — WIT: BEGINNING AT A POINT IN THE CENTER OF WEST 54 THSTREET WHICH IS NORTH 240.0 FEET AND NORTH 89054'11" WEST 165.0 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, SOUTHEAST QUARTER AND RUNNING THENCE NORTH ALONG THE CENTERLINE OF SAID STREET 150.0 FEET; THENCE NORTH 89°42'30" EAST ALONG'THE`NORTH SIDE OF A 25 FOOT WIDE DRIVE WAY 480.00 FEET; THENCE^NORTH 223�251EEET; THENCE SOUTH 8905411l"EAST 346.08 FEET TO AN�EXISTING FENCEs�LINE; THENCE SOUTH 00024'00" WEST 374.00 FEET; THENCE SOUTH 02028"51'\WEST 91.52 FEET; THENCE NORTH 85033'36" WEST ALONG AN EXISTING FENCE`126:0 FEET; THENCE SOUTH 45000' WEST 25.0 FEET; THENCE/`JEST 20.0 FEET;/THENCE NORTH 01 °30'52" EAST 91.08 FEET; THENCE NORTH'89054' 11" WEST 664.22 FEET TO THE POINT OF BEGINNING, CONTAINING 4`.933\ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN STREET RIGHT OF WAY\ON THE WEST SIDE OF HEREIN DESCRIBED TRACT ANDtUTILITY%EASEMENTS OF'RECORD. . BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer. of this property, (hereinafter "Petitioner") as Q.v2d � ` - h�ereby vle volunrfthis Bill of Assurance and enters into this bindin rebarmed con a I eRve.� City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioners property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to 2. Other restrictions including number and type of structures upon the property are limited 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) Ex�lb�-� 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land.and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of. Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioners property. IN WITNESS WHEREOF anti in agreement with all the terms and conditions stated above, I, �* 11Cin d r�l`uP1[`( X� Q. 1j e\ as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. F // (OVotHli eL, ✓7 g-,22-05 Date szo Pgs Bled. Address 1.00jall 1 7 27 q-S Ca k d C.o C r� Printed Name, Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON } And now on this the 2Z- day of EIRIC . 200� appeared before me, rm 0 and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARY UBL My Commissi n Expires: oZ A, Sep 20 04 03:52p • • p.2 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners uriless and until specifically released by Resolution of the FayettevilleCouncil. rc t Ci Bill'of Office after shall be filed for record in the WashirVon County Scale Development which includs effective es or all of Petitioners property. noted on any Final Plat or merge IN WITNESS WHEREOF and. in agreement with all the terms and as the conditions,stated. above, owner, developer or buyer:(Petitioner) voluntarily offer all such assurances and 'sign my name below. .. Al Date, 1�aol` Qy:�s Addressixs /�Jo�e o � 9Yr©l C U Y/e Printed Name Signature NOTARY OATH CA" Fo P-P, r4 STATE OF ir�S } 5A COUNTY OF 1 1 Ada of vw �"� 200��appeared And nov�gn this the yt E and before me, !J after being Placid upo "s hero?th swore or affirmed tha a .she agreed with the terms of the above Bi of Assurance and` gnW(Pi y her name above. OT Y P LIC trIy Commission Expires: x'- 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, �ram C tr ti , i J L eu � d - cL C cc � i' e / as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. g_2y_6L/ LPG„�l icy Curie Date( Printed Name 3./31 r'g A, oo d JJY Addresp Y , yz 1P 22 6- 7.0742' y STATE OF ARKANSAS Signature NOTARY OATH COUNTY OF WASHINGTON } And now on this the 2t` day of �ekt6n, 200 � appeared before me, JNp h Curi ed ate/ eanp(ria Cur i� and after being placed upon his/her oath. swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. i NOTARY FIUBLIC My Commission Expires: //-28-ZOOS OFFICIAL SEAL KATHERYN D, SCOTT Notary Public - Arkansas Benton County My Commission Expires: Nov. 28, 2005 I aYCVV e KANSAS PC Meeting of September 27, 2004 THE CITY OF FAYETTEVILLE. ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Senior Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: September 21, 2004 RZN 04-1164: Rezoning (CLEVENGER DR. DUPLEXES, 436,437): Submitted by MELISSA CURIEL for property located at CLEVENGER DRIVE, S OF WEDINGTON DRIVE AND EAST OF 54TH. The property is zoned R-A. RESIDENTIAL -AGRICULTURAL and contains approximately 4.93 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RMF-6, Residential Multi -family, 6 units per acre with a Bill of Assurance. Property Owner: JUAN & LEANDRA CURIEL Planner: JEREMY PATE RECOMMENDATION: Staff recommends approval of the requested rezoning, with its associated bill of assurance, based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: September 27, 2004 CITY -COUNCIL ACTION: Required YES O Approved O Denied Date: October 19, 2004 (1st reading if recommended) Comments: K. Meports110041PC Reporn109-17-04IRZN 04-/ l64 (CLEVENGER DR DUPLErES).dm BACKGROUND: Property description: The subject property is located on Clevenger Drive, east of 541h Avenue, south of Wedington Drive. Surrounding properties are zoned RSF-4 and R-A and are developed as single and two-family residential homes or agricultural land. The 4.93-acre tract is fully developed with two-family dwelling units. Development on the property predates the annexation of this area into the City of Fayetteville in the 1980s. At that time, land was primarily zoned R-A, Residential Agricultural by default as it was annexed. The existing ten (10) structures house a total of twenty (20) units, for a current density of 4.0 dwelling units per acre. However, though two-family dwelling units are permitted by right in the R-A zoning district, density is limited to %z unit per acre (1 unit per 2 acres), with 200 feet of frontage per lot. The subject property is developed all on one (1) parcel of 4.93 acres, with frontage onto Clevenger Drive and 54 h Avenue. The structures are thus considered nonconforming structures, and may not be replaced if destroyed except in compliance with zoning and development regulations. Proposal: The applicant proposes a rezoning of the subject property to facilitate the reconstruction of a two-family unit lost to arson in the recent past. Upon application for a building permit, the applicant was informed that the structures were nonconforming, and thus could not be replaced. The intent is to replace the original structure with one that is similar in size and location. Originally the applicant submitted a rezoning request to RT-12, Residential Two and Three - Family, to change the zoning district to one that would allow rebuilding of the dwelling units. However, staff was not in support of such a change in density on the site, which, with potential redevelopment of the property in the future, could increase the number of units on the property to (59). The applicant has changed the rezoning request, based on discussions with staff, to RMF-6, for a lower density. Additionally, the applicant is offering a Bill of Assurance stating that only two-family or single family residences may be constructed on the subject property, thereby eliminating the possibility of apartment -style dwelling units in this area. Request: The request is to rezone the subject property from R-A, Residential Agricultural to RMF-6, Residential Multi -Family, 6 units per acre, with a Bill of Assurance limiting the type of development to single family and two-family dwelling units. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family homes, agricultural RSF-4, Res. Single Family, 4 DU/acre R-A, Residential Agricultural South Single family homes, agricultural, two-family home R-A, Residential Agricultural East Agricultural/vacant land R-A, Residential Agricultural West Single family homes, two-family homes RSF-4, Res. Single Family, 4 DU/acre K: IReporuL7004WC Reporu109-17-04WZN 04-/ l64 (CLUENGER DR. DUPLEXES).d" is INFRASTRUCTURE: Streets: Currently the site only has access to 54's Street along the west side of the property. If there is redevelopment of the site, 54'h Street will need to be improved to current standards along the property frontage. Water/Sewer: The property currently has access to an 8" water main and a 6" sewer main along 54 h Street on the west side of the property. The property is already developed and will not have an additional impact to the water and sewer system in this area. If there is redevelopment of the site, an analysis will need to be performed for the 6" sewer to verify that there is sufficient capacity to serve the new development. Fire: The subject property is located 1.70 miles from the future Fire Station 97 on Rupple Road. Fire response time is approximately 4-5 minutes. Projected service calls for the subject property, at maximum build -out, is 3 calls per year. 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:IRepo2d2004WC Repons109-27-041RM 04-1164 (CLEVENGER DR. DUPLEXES).do ki LAND USE PLAN: The Future Land Use Plan designates this site for Residential use. Rezoning this property to RMF-6 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 residential and agricultural in nature. Several two-family units are located nearby, with single family homes on large lots dominating the land use. The Bill of Assurance offered limits the type of development on the property, both now and in the future, to single family and two-family dwelling units, which is compatible with surrounding areas. 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 bring an existing development, which predates annexation of the area into the City of Fayetteville, into conformance. The proposed zoning will allow for the reconstruction of a structure in the short term; in the long term, the proposed zoning, with the offered Bill of Assurance, will limit the site to 6 dwelling units per acre with only single family and two-family dwelling unit types permitted. 3. A determination as to whether the proposed zoning would create or appreciably increase . traffic danger and congestion. Finding: The site is currently fully developed. The proposed zoning, with the existing development or redevelopment in the future, would not create or appreciably, increase traffic danger and congestion in the area. 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. 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 substantially alter the population density in K:IRepons120041PC ReporUI09-17-04VZW 04-1164 (CLFVF.NGER DR DUPLEXES).do the area. Currently there are 20 units on the 4.93 acres. With the propsed density, maximum of 29 units would be permitted, all single family or two- family in nature. Additionally, future development would potentially require street improvements and shall conform to zoning and development standards of the Unified Development Code. 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 4- 5 minutes (approx. 1.70 miles) from station #7 on Rupple Road. Projected service calls for the subject property, at maximum build -out, is 3 calls per year. Engineering - Currently the site only has access to 541h Street along the west side of the property. If there is redevelopment of the site, 541h Street will need to be improved to current standards along the property frontage. The property currently has access to an 8" water main and a 6" sewer main along 54`h Street on the west side of the property. The property is already developed and will not have an additional impact to the water and sewer system in this area. If there is redevelopment of the site, an analysis will need to be performed for the 6" sewer to verify that there is sufficient capacity to serve the new development. 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 A:IReporis12004NC ReporGs109-27-04VZZN 04-1164 (CLEVENGER DR DUPLEXES).doc ,. • 161.10 District Rmf-6, Residential Multi -Family — Six Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses b right Uriit�8 P Q . _ ' figs Sin le_faml'�dwellin s 0t40 Two famil dwellin s Unit 10 Three-family dwellings Unit 26 Multi-famil dwellings (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 11 Manufactured home park Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. 11 UniW `er acre 4"to 6 (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft- Single-family 60 ft. Two-family 60 ft. Three and more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a Manufactured home park 4,200 sq. ft. Townhouse: *Development •Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fratemi or Sorori 2 acres Professional offices 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartinents: No bedrooms 1,700 sq. ft. . One bedroom 1,700 sq. ft. Two or more 2,000 sq. ft. bedrooms Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements. 11 Front 1 Side Rear 25 ft. 8 ft. 1 25 ft. Cross reference(s)—Variances, Ch. 156. (F) Height regulations. Any building which exceeds the height of20 feet shall beset back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. K: IReporrs120041PC Reportr109-27-04VZZN 04-1164 (CLEVENGER DR DUPLEYES).doc 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit t Ci -wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit Animal husbandry Unit Single-famity dwellings Unit 9 Two-fami dwellings Unit 37 Manufactured homes (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. 11 Units per acre I One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: Nonresidential: 2 acres 2 acres Lot area er dwellin unit 2 acres (E) Setback requirements. 11 Front Side Rear 11 35 ft 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 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 setback lines. (G) , Building area. None. K. Weportr11004VPC Repons109-17-04ViZN 04-1164 (CLEVENGER DR DUPLEXES).doc July 28, 2004 To Whom It May Concern: In 2004 unit number five (6) and six (6) on Clevenger Drive was burned down by arson. The owners, Juan and Leandra Curiel, Candido and Florencia Curiel and Pedro Curiel, contacted their insurance'company so they could begin rebuilding the lost unit. The owners are not rebuilding for the purpose of selling the property. In June 2004 the contractor that was hired came to the City for a permit to begin the building of the new unit. At that time the owners were informed that the existing duplexes were not in the correct zone for the purpose needed. Instead of requesting a variance for only the unit destroyed, it was decided to request re -zoning for the entire property in case.anything should ever happen again to another duplex. Without the property being rezoned we would not be able to rebuild the site with an R-A zoning as we do not have the required space. The new unit to be built is an exact replica of the duplex that was destroyed. The building of this unit will in no way alter the previous amount of land use, traffic or appearance as relates to the other nine (9) units. There is water (8") and sewer (6°) used at this property coming off of North 54rn Thank you very much for your consideration. Sincerely, TIC Q _ Q0 Melissa D. Curiel 5 JUL � 9 2004 Rug 02 04 02:48p� 0A/02/2804 10: 00 4. :.3 601 ENGn FFRING C. ' Legal Description of parcel # 76516198001 Duplexes at Clevenger Drive, Fayetteville A part of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) and a part of the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section Eleven (11). Township Sixteen (16) North, Range Thirty-one (31) West Being more particularly described, To -wit Beginning at a point in the Center of West 54`" Street which is North 240.0 feet and North 89054'11° West 165.0 feet from the Southwest comer of said Northwest Quarter, Southeast Quarter and running thence North along the centerline of said street 160.0 feet thence North 890 42'30° East along the North side of a 21 foot wide drive way 480.00 feet; thence North 223.25 feet; thence South 890 54' 11' East 346.08 feet to an existing fence tine; thence South 000 24'002 West 374.00 feet; thence South 02'28051" West 91.52 feet; thence North 850 33136" West along an existing fence 126.0 feet; thence South 450 OQ' West 25.0 feet; thence West 20.0 feet; thence North a 1 9 30'52" East 91.08 feet; thence North 890 54'1 V West 664.22 feet to the point of beginning, Containing 4.93 acres, more or less. Subject to that portion in Street Right-of-w_� the West side of herein described tract and utility ea ents of record. EXHIBIT ON' PROPERTY TO BE RE AS SUBMITTED BY THE PAGF 02 p.2 v $ a a o E > Z E m N 40 m1 m a` w « � m m m i m= m Oa w o E v d u O N i m m 5 a E 5 m.. m E O !+ a 2 a m o a UHfm � m m o o a E a L o m a o m= a 0 E m a E a E x a`��"aafm m c m m m . 4 a E C O a t J m L 1 L LL G a E I c m LL O r � _ U G N U U a m u Q c 0 a K m c c Q m a n E m • `3 3 It t coo 0 a m E m�%E �C y = m " _ - m' C 3 0. c m ; 0..0 y m y a m 0 a 3 � m m 0 0 0 0 � 0) m a a N M Z N m E n in i v E l � T W1 0 W U) J U v co 0 0 0 0 N N FAYE f AEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS September 7, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, REGLr) SEP PLANNING DIV, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed RZN 04-1164 Rezoning (Clevenger Duplexes, pp 436/437) submitted by Melissa Curiel for property located at Clevenger Drive, South of Wedington Drive and East of 54th 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. 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. Surely, ieutenant Wi iam Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479587-3522 From: Planning To: Conklin, Tim; Morgan, Suzanne; Pate, Jeremy; Warrick, Dawn Date: 9/27/04 9:36AM Subject: Fwd: RZN04-1164 >>> <marcella@uark.edu> 09/27/04 09:10AM >>> To the Planning Staff, I am writing to voice my strong opposition to the rezoning of the acreage on Clevenger Drive which will add, if I read it right, some 20+ units to the complex. first of all, the Clevenger duplexes were built long before this area was even annexed into the city. As long as the Clevengers owner and operated the complex, it was a good neighbor. Even after the Clevengers sold it, but continued to manage it, it was a good neighbor. However, as the units have aged and the Clevengers are not actively involved, the complex has not been as good a neighbor, as evidenced by the arson fire a few months ago that could have spelled disaster for the entire neighborhood. In the years since annexation, all the building on our street has been single family homes on at least an acre, many on several acres. We have all put a lot of time and money into our homes, including the new one I.just finished on my farm. Most of the new subdivisions going in on 16 and Persimmon are single fa mily. We neither want nor need more duplexes. We don't have the infrastructure out here to handle all the new subdivisions, let alone multi -family construction. You turned down the proposed duplexes on Tackett, in part because of infrastucture, in part because of the characteristics of the neighborhood. I would urge you to turn down this rezoning. I would also urge you to reject any rezoning of the 35 acres the city is selling off the sewer plant acreage. That needs to stay a buffer zone. thank you, Marcella Thompson 644 54th marcella(d)uark.edu :a MIN 0 m :aIMUBMBillow STAFF REVIEW FORM - NON -FINANCIAL OBLIAION x AGENDA REQUEST For the Fayetteville City Council Meeting of: October 19, 2004 FROM: Dawn T. Warrick Name Planning Division ACTION REQUIRED: Ordinance Approval. SUMMARY EXPLANATION: CP&E Department RZN 04-1164: Rezoning (Clevenger Duplexes, 436/437) was submitted by Melissa Curiel for property located south of Wedington, east of 54th Avenue. The property is zoned R-A, Residential Agricultural and contains approximately 4.93 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RMF-6, Residential Multi -family, six units per acre. STAFF RECOMMENDATION: Approval Department Director Finance & Internal Services Dir. loh 1a4 Received in Mayor's Office ate Dat D f( Date 04f Cross Reference: Date Previous Ord/Res#: l0 5 Date Orig. Contract Date: /r/% a Orig. Contract Number: Datd New Item: Yes No G Date q N Oy - 116`( Planning Commission C�eue,�9er D� #te_*40--5 September 27, 2004 Page 74 RZN 04-1164: Rezoning (CLEVENGER DR. DUPLEXES, 436,437): Submitted by MELISSA CURIEL for property located at CLEVENGER DRIVE, S OF WEDINGTON DRIVE AND EAST OF 54TH. The property is zoned R-A. RESIDENTIAL - AGRICULTURAL and contains approximately 4.93 acres. The request is to rezone the subject property from R-A, Residential Agricultural, to RMF-6, Residential Multi -family, 6 units per acre, with a Bill of Assurance. Ostner: The next item is RZN 04-1164 for Clevenger Drive duplexes. If we could have the staff report please. Pate: This property is located on Clevenger Drive south of Wedington Drive east of 541h Street. The property is currently zoned R-A, Residential Agricultural, and contains approximately 4.93 acres.Surrounding properties are primarily zoned RSF-4 and R-A and are developed as single and two family residential homes and agricultural land. The 4.93 acre tract is fully developed with two family dwelling units. Development on this property pre -dates the annexation of this area into the City of Fayetteville in the 1980's. At that time, land was primarily zoned R-A, Residential Agricultural by default in this particular area as it was annexed. The 10 structures existing on the property house a total of 20 units, for a current density of four dwelling units per acre.. However, two family dwelling units are allowed by right in the R-A zoning district, the density is limited to %z unit per acre with 200' of frontage per lot. This essentially, once it was brought into the city created non -conforming structures on this property. The subject property is developed all in one parcel of land with frontage onto Clevenger Drive, which is dedicated right of way and 541h Avenue. The structures, as I mentioned, considered non -conforming structures and may not be replaced if destroyed except in compliance with zoning and development regulations. The applicant proposes a rezoning of the subject property to facilitate the reconstruction of one of the two family units lost to arson in the recent past. Upon application for a building permit for this unit the applicant was informed that the structures were non -conforming and could not be replaced. The intent, as statedby the applicant, in the request to replace the original structure with one that is similar in size and location. Originally the applicant submitted a rezoning request to go to RT-12, Residential two and three family 12 units per acre to change the zoning district to one that would allow rebuilding of these dwelling units. Staff was not in support of such a change in density in this area which with potential redevelopment of the property could increase the number of units to 59 on the subject property. The applicant has changed the rezoning request based on discussions with staff to RMF-6, the lowest multi -family zoning district for a lower density. Additionally, the applicant is offering a Bill of Assurance, I have a copy of which I will pass out in just a moment, stating that only two family or single family residences may be constructed on the subject property thereby eliminating the possibility of apartment style or Planning Commission September 27, 2004 Page 75 multi -family dwelling units in this area. With regard to findings, staff finds that the proposed rezoning is consistent with the land use plan objectives in this area. The General Plan calls this out as residential for future land use. Surrounding properties are residential and agricultural in nature including several two family units and single family units. The Bill of Assurance offered also limits the type of development on the property, both now and in the future, to single family and two family dwelling units which is compatible with surrounding areas. In the short term, obviously, the proposed zoning would allow for the reconstruction of the structure lost to arson. In the long term, as I mentioned, with the Bill of Assurance, multi -family units would be prohibited from being developed and it would be essentially limited to single family and two family types of dwelling units. The site is currently fully developed and with the review from public service providers they find that the proposed zoning would not create or appreciably increase traffic danger and congestion in the area. Response times are also included in your staff report. A maximum number of 29 units could be permitted, all single family and two family in nature on this site. With that, staff is recommending approval of the rezoning request to RMF-6. We did receive at.least one letter and I will pass that out. Ostner: Is the applicant present? If you would like to come forward and introduce yourself and give us your presentation. Creole: I'm Melissa Creole, I'm here on behalf of my family. Our only goal is to rebuild the duplex that was burned down last year. We are losing about $900 a month in rent from the building that was burned down. Ostner: Thank you. At this point I am going to open it up to the public. Would anyone like to speak to this issue? Seeing none, I will close it to the public and bring it back to the Commission for discussion. Clark: Jeremy, is the Bill of Assurance in our packet? Pate: No, I just passed it around. Allen: Just for general information, looking at this police report, how far is too far? 'I3ow many miles away do fire departments consider too far away? Shackelford: It is based on the response time from what I remember. Allen: Right, how far is too far though? Vaught: If the average gets up into the eight to nine minute range I believe our ratings go down. Planning Commission September 27, 2004 Page 76 Ostner: The goal, I just read this in the paper, was to have 70% of our response times shorter than seven minutes. Some of them in our outlying areas are creeping up. They would like to lower that with more fire stations. Allen: Ok, I just wondered as I was reading it what the required amount of time was. Pate: Additionally, this area is within the city limits and there are areas further out to the west and to the south. We saw a project recently at Tackett and 54`s and that was some of the discussion there as well. MOTION: Shackelford: As I read this staff is in support of a RMF-6 zoning, which would allow six units per acre on this property. This is our lowest zoning for multi- family, which basically will satisfy the request of the applicant to allow them the proper zoning to match the use as it exists now. On top'of that, we have a Bill of Assurance that says that any buildings on this that run with the land will be limited to a duplex or single family use so I anticipate that that density will actually be less than that in reality. Based on that, and based on staff s finding of facts, I am going to make a motion that we recommend approval of RZN 04-1164 to the City Council. Graves: Second. Ostner: There is a motion and a second, is there further discussion? Allen: I had a call from this woman who spent the email today and wondered if the applicant had an opportunity to talk with her or other concerned neighbors. Creole: No, I haven't talked with anyone who had any concerns. They have contacted me. Allen: Thank you. Ostner: Is there further discussion? Could you call the roll please? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 04-1164 was approved by a vote of 8-0-0. Thomas: The motion carries. FAYETTE)ALLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 DEPARTMENTAL CORRESPONDENCE city_.qlerk@ci.fayefteville.ar.us To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman �r City Clerk Division Date: November 9, 2004 Re: Ordinance No. 4630 The City Council approved an ordinance November 1, 2004, rezoning petition RZN 04- 1164 for property located south of Wedington Drive and east of 54N Avenue. I have attached a copy of that ordinance. This ordinance will be recorded in the city clerk's office and microfilm. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering ANCE NO. 4630 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1164 AS SUBMITTED BY MELISSA CURIEL FOR PROPERTY LOCATED SOUTH OF WEDINGTON DRIVE AND EAST OF 54T" AVE CONTAINING APPROXIMATELY 4.93 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF-6, RES NTIAL MULTI ILY, SIX UNITS PER ACRE SUBJEC O A BILL OF AS NCE LIMITING THE TYPE OF ST CTI TO DUPLEX SINGLE FAMILY USE BE IT ORDAINED BY T CITY COUNCIL rHE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification o the f lowing described property is hereby changed as follows: From R-A, Residential Agricul ral to -6, Residential Multi -Family, 6 Units Per Acre as shown in Exhibit A" attach hereto and made a part hereof. Section 2: That the official zo g map of the Ci of Fayetteville, Arkansas, is hereby amended to reflect the zoning change ovided in Section 1 ove. PASSED and ATTEST: By: SMITH, City Clerk this I" day of November, APPROVED: fto EXHIBIT "A" RZN 04-1164 A PART OF THE NORTHWEST QUARTER (NW '/4) OF THE SOUTHEAST QUARTER (SE'/4) AND A PART OF THE NORTHEAST QUARTER (NE'/4 OF THE SOUTHWEST QUARTER (SW '/4) OF SECTION ELEVEN (11). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY ONE (31) WEST. BEING MORE PARTICULARLY DESCRIBED, TO - WIT: BEGINNING AT A POINT IN THE CENTER OF WEST 54T" STREET WHICH IS NORTH 240.0 FEET AND NORTH 89054111" WEST 165.0 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, SOUTHEAST QUARTER AND RUNNING THENCE NORTH ALONG THE CENTERLINE OF SAID STREET 150.0 FEET; THENCE NORTH 89°42'30" EAST ALONG THE NORTH SIDE OF A 25 FOOT WIDE DRIVE WAY 480.00 FEET; THENCE NORTH 223.25 FEET; THENCE SOUTH 89054911"EAST 346.08 FEET TO AN EXISTING FENCE LINE; THENCE SOUTH 00024'00" WEST 374.00 FEET; THENCE SOUTH 02°28"51" WEST 91.52 FEET; THENCE NORTH 850331369' WEST ALONG AN EXISTING FENCE 126.0 FEET; THENCE SOUTH 45000' WEST 25.0 FEET; THENCE WEST 20.0 FEET; THENCE NORTH 01 °30'S2" EAST 91.08 FEET; THENCE NORTH 89'54' 11" WEST 664.22 FEET TO THE POINT OF BEGINNING, CONTAINING 4.93 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN STREET RIGHT O FWAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND UTILITY EASEMENTS OF RECORD. City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayeffeville.ar.us DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-PearmantA City Clerk Division Date: November 23, 2004 Re: Ord. No. 4630 The City Council passed the above ordinance, November 1, 2004, approving rezoning petition RZN 04-1164 for property containing approximately 4.93 acres located at Wedington Drive and 54'" Avenue. I have attached a copy of that ordinance. This ordinance will be recorded in the city clerk's office and microfilm. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering NORTHWAT ARKANSAS E! ITION -dim 11114T(417WKH�71RCFM AFFIDAVIT OF PUBLICATION I, -L IQ qL J(Q .Q. do solemnly swear that I am Legal 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: C) .d e q0 nU) 4U�50 was inserted in the regular editions on [\_�r���c� PO# '" Publication Charge: $ 1'�3 -Cl 0 ) Subscribed and sworn to befo e me this day of 2004. Notary Public 'rrrrrrrrrrrrrrr,rrrrrrrrrrrrrrrrrr; < Catherine San My Commission: Expire :NOra f9takc nArkansas W'ashineton County My comon Exafres Please do net pay from Affidavit. An invoice will be sent. RECERI" NOV 15 20,4 CITY OF FAYe 1. 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 9 (501) 442-1700 ORDINANCE NO. Mm AN ORDINANCE REZONING THAT PROPERTY e evl le DESCRIBED IN MELIS A CURION RZN 04.1184 AS LOCH SUBMITTED S UT OF WEA CIIRIEL FOR PROPER7V LOCATED SOUTH OF WEDINGTON DRNE AND EAST 12 OF 54TH AVENUE, CAMAINING APPROXIMATELY AB KANSAS' A 4.93ACRESFROM RNTIAL DENT FAMILY. SIX TO RMF-Q RESIDENTIAL MULTI FAMILY, SIX DUPLEX PER ACRE SINGLE FAMILY TO A BILL OF.ASSUR- ANCE UMTING THE TYPE OF STRUCTURE$ TO WRF7(AND SINGLE FAMILY USE BE R ORDAINED BY THE CRT COUNCIL OF THE CRY OF PAYETTEVILLIL ANN/NBABI SKtbn 1: That the zone dssttiflcation Of the follo *Q desaibed OMpeny Is hereby Barged as ldo : From R-A, Feel wWW Agrlcultu4 to RMF-6. ResWemlal Multi.Ferdfy 6 Units ptr,o as a H Ex Ut -A- ettad hBMto end made a art hereof. Sectbn 2: That the affidd ZMM map of the City of FayedeViU0. Arkansas 13 heMby amended tc reflect Ere zoning change Provided In Section 1 abode. PASSED E APPROVED INS 1st day of November, 2004 EXHIBIT 'A" RZN 04.1164 A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/41 AND A PART OF THE NORTHEAST QUARTER (NE 114 OF THE SOUTHWEST QUARTER (SW 1/4) OF SEC- TION ELEVEN (11). TOWNSHIP SD(TEEN I16) NORTH, RANGE THIRTY ONE (31) WEST. BEING MORE PARTICULARLY DESCRIBED, TO -WIT: BEGINNING AT A POINT IN THE CENTER OF WEST 54TH STREET WHICH IS NORTH 240.0 FEET AND NORTH 8905411' WEST 165.0 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER, SOUTHEAST OUARTER AND RUNNING THENCE NORTH ALONG THE CENTERLINE OF SAID STREET 150.0 FEET; THENCE NORTH 89642'3P EAST ALONG THE NORTH SIDE OF A 25 FOOT WOE DRIVE WAY 480.00 FEET, THENCE NORTH 223.26 FEET: THENCE SOUTH 89054-11'EAST 346,08 FEET TO AN EXISTING FENCE UNI THENCE SOUTH 00624'00' WEST 374.00 FEET: THENCE SOUTH 02.28-St' WEST 91.52 FEEF, THENCE NORTH 85993'36- WEST ALONG AN EXISTING FENCE 128.0 FEET, THENCE SOUTH 45000, WEST 25.0 FEET: THENCE WEST 20,0 FEET, THENCE NORTH 01.30'52- EAST 91.08 FEET, THENCE NORTH 39,54'11' WEST 664.22 FEET TO THE POINT OF BEGINNING, CONTAINING 4.93 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN STREET RIGHT OF WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND UTILITY EASEMENTS OF RECORD.