HomeMy WebLinkAboutOrdinance 4635., ORDINANCE NO.4 6 3 5 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1225 AS SUBMITTED BY ROBERT JEFF CONNER FOR PROPERTY LOCATED AT 3398 E. HUNTSVILLE ROAD CONTAINING APPROXIMATELY 0.78 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE TO R-O, RESIDENTIAL OFFICE. 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, 4 Units Per Acre to R-O, Residential Office 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 I" day of November, 2004. ATTEST: � C � & . By: SO DRA SMITH, City Clerk APPROVED: By: A: 24 4 DAN COODY, Mayor �FAYETTEVILLE; IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 007927690002 Tvoe. REL Recorded: 12/03/2004 at 11:24:58 AM Fee Amt: $11.00 Pace 1 of 2, Nashinoton Countv. AR Bette stamos Circuit Clerk File2004-00049494 EXHIBIT "A" RZN 04-1225 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION THIRTEEN (13). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY ARKANSAS, DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER. GO SOUTH O1012'00" EAST 514.91 FEET TO THE POINT OF BEGINNING OF TRACT BEING DESCRIBED, THEN GO SOUTH 87016106" EAST 135.00 FEET. SOUTH 00000147" EAST 251.00 FEET TO THE NORTH RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16. THEN GO ALONG THE RIGHT OF WAY NORTH 87011'48" WEST 135.01 FEET, THEN LEAVING RIGHT OF WAY GONORTH 00000'47" WEST 250.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.78 ACRES. Washington County, AR I certify this instrument was filed on 12/03/2004 11:24:58 AM and recorded in Real Estate File Number 2004.00049494 tBllkte Sta s - Circuit Clerk • 0 NAME OF FILE: Ordinance No. 4635 w/Ex. A CROSS REFERENCE: Item # Date Document 1 10/11/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 letter from Police Dept. to Dawn Warrick 5 copy of written description of request of rezoning 6 copy of pictures 7 copy of pictures 8 copy of pictures 9 copy of pictures 10 copy of Close Up View 11 copy of One Mile View 12 copy of Future Land Use 13 Staff Review Form 14 copy of Planning Commission minutes 15 memo to Dawn Warrick 16 Affidavit of Publication 17 18 19 20 21 22 23 24 25 NOTES: 12/3/04 Ifiled at Wash. Co. Circuit Clerk office City Council Meetingwovember 02, 2004 Agenda Item Number CITY COUNCIL AGENDA MEMO 1?Z1V cO �� t ZZS/ To: Mayor and City Council 6 nY7'Y ��M Thru: Tim Conklin, Community Planning and Engineering Services Director "(.'(f. From: Dawn T. Warrick, AICP, Zoning and Development Administrator ( r Date: October 11, 2004 t� Subject: Rezoning request for Conner Law Firm (RZN 04-1225) RECOMMENDATION Planning Staff recommends approval of an ordinance rezoning approximately 0.78 acres of property from RSF-4, Residential Single Family — 4 units per acre, to R-O, Residential Office. BACKGROUND The 0.78-acre subject property is located north of Huntsville Road at 3398 E. Huntsville Rd, east of Crossover Road. The property zoned RSF-4 and developed for single family residential use. Adjacent properties are developed for residential use, with single family dwellings located to the south and west. A manufactured home park containing approximately 62 units is located to the north and east on property zoned RMF-24. The Future Land Use Plan identifies this are as Residential. The applicant is requesting the property be rezoned from RSF-4, Residential Single Family — 4 units per acre, to R-O, Residential Office. The applicant proposes improvements to an existing single family dwelling for a law firm practice. Staff recommends approval of rezoning the subject property R-O. Rezoning the property to R-O is appropriate to allow and even encourage low impact office development in Residential areas. DISCUSSION This item was heard at the regular Planning Commission on October 11, 2004. Due to delayed notification, the Planning Commission voted 7-0-0 to table the request to the next regular meeting on October 25, 2004. In order to prevent the applicant from being delayed in the review process, staff forwarded this item to be heard by the City Council on November 02, 2004 with Council materials to be supplemented to include final actions by the Planning Commission. BUDGETIMPACT None. i ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 04-1225 AS SUBMITTED BY ROBERT JEFF CONNER FOR PROPERTY LOCATED AT 3398 E. HUNTSVILLE ROAD CONTAINING APPROXIMATELY 0.78 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE TO R-0, RESIDENTIAL OFFICE BE IT ORDAINED BY THE CITY FAYETTEVILLE, ARKANSAS: Section 1: That the zone property is hereby changed.: From RSF-4, Residential Singh Office as shown in Exhibit "A" Section 2. TI Arkansas, is hei Section 1 above. PASSED AND'APPROVED this ATTEST By: Sondra Smith, City(Clerk reflect OF THE CITY OF of the\f6llowin2 described s-Per Acre to R;O, Residential and made a part hereof. of the City of Fayetteville, zoning change provided in day of 12004. By: DAN COODY, Mayor 0 EXHIBIT "A" RZN 04-1225 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION THIRTEEN (13). TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY ARKANSAS, DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER. GO SOUTH 01 °12'00" EAST 514:9,1 ET TO THE POINT OF BEGINNING OF TRACT BEING DESCRIBED, THENAGO SOUTH 87016706" EAST 135.00 FEET. SOUTH 00000'47 EAST 251.00 FEET/TO THE NORTH'RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16. THEN�GO ALONG THE RIGHT OF WAY NORTH 87011'48" WEST 135.01 FEET, THEN -LEAVING RIGHT OF WAY GO ORTH 00000147" WEST 250.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.78 ACRES. (� \ 0 ayewlANSAS PC Meeting of October 11, 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: Suzanne Morgan, Associate Planner THRU: Dawn Warrick, AICP, Zoning & Development Administrator DATE: October 06, 2004 RZN 04-1225: Rezoning (CONNER LAW FIRM, 529): Submitted by ROBERT JEFF CONNER for property located at 3398 E HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.78 acres. The request is to rezone the subject property to R-0, Residential Office. Planner: SUZANNE MORGAN RECOMMENDATION: Staff recommends rezoning the subject property to R-O, Residential Office, based on findings found herein: PLANNING COMMISSION ACTION: Required YES II O Approved O Denied October 11, 2004 COUNCIL ACTION: Required YES O Approved O Denied November 02, 2004 (1" reading if recommended) BACKGROUND: Property description: The 0.78-acre subject property is located north of Huntsville Road, east of Crossover Road. The property is currently developed for single family residential and is adjacent to single family dwellings to the south and west. A manufactured home park containing approximately 62 units is located to the north and east on property zoned RMF-24. Request: The applicant is requesting the property be rezoned from RSF-4, Residential Single Family — 4 units per acre, to R-O, Residential Office. The applicant proposes improvements to an existing single family dwelling for a law firm practice. Recommendation: Staff recommends approval of rezoning the subject property R-O based on the findings included herein. K: VteporuI2004NC Reporall0-11-04VUN 04-1225 (Comm Law Ftrm).doc SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Manufactured Home Park 62 units RMF-24, Res. Multi -family — 24 units/acre South Single family dwellings RSF-4, Res. Single-family — 4 units/acre R-A, Residential Agriculture East Manufactured Home Park 62 units RMF-24, Res. Multi -family = 24 units/acre West Single ily dwellings RSF-4, Res. Single-family — 4 units/acre INFRASTRUCTURE: Streets: Currently the site has access to Highway 16. At the time of development, this street will need to be brought up to current standards along the property frontage. These improvements may include pavement, curb and gutter, storm drainage and sidewalks. Surrounding Master Street Plan Streets: North: E. Wyman Rd. (Collector) South: E. Huntsville Rd. (Principal Arterial) East: None West: None Water: The property has access to an 8" water main along the south side of this property. This main should be sufficient to provide service to most developments that could occur on the site. An extension of the water main will be required to provide water supply and fire protection within any development on this property. Sewer: The site currently has access to 6" sewer lines around the property. A capacity analysis will need to be conducted at the time of development to verify line capacity before the extension will be allowed. Fire: The subject property is located 2.1 miles from Fire Station #5, with an estimated 5 minute response time. The property is located 1.2 miles and 2-3 minutes from the proposed Fire Station #3. Police: It is the opinion of the Fayetteville Police Department that this annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 designates the site as Residential. K:IReporaI20041PC ReportrV 0-11-04PZN 04-1115 (Conn Law Ftrm).do 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 Future Land Use map designates the subject property as Residential. In the past, the use on the property has been consistent with this designation. The proposed zoning for Residential Office will not only permit residential uses, but professional offices and studios as well. It is appropriate to allow and evenly encourage low impact office development in Residential areas as a means of providing necessary services close to an established population base. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The location and potential uses of the property justify rezoning the property R-O at this time. That the subject property is located north of Huntsville Road, a major thoroughfare, and adjacent to property zoned RMF-24 and developed as a manufactured home park creates a unique situation for this site. A Residential Office zoning allows uses transitional and compatible between RMF-24 and RSF-4 uses. The proposed office use will not substantially increase traffic on the adjacent highway, nor will it change the character of the surrounding neighborhood. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The police department has determined the proposed zoning will not substantially alter the population density to create an undesirable affect on services. 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 approximately 0.78-acre tract is currently developed for one single- family residential dwelling. Rezoning the property to the proposed R-O zoning designation will increase the potential density and uses permitted for development. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. K. IReportt11004PC Reportr110-11-041RZN 04-1115 (Conn Law Firm).doc 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 f K:IReporn110041PC Reporull0-11-041RZN 04-1115 (Conn Law F7rm).dm 161.07 District Rsf4, Residential Single - Family — Four Units Per Acre (A) Purpose. The RSF4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. 11 Unit 1 1 City-wide uses by right 11 Unit 8 1 Sin le-famil dwellin (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 9 Two-farmly dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellin s Two-family dwellin s 11 Units er acre 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellin s Lot minimum width 70 ft. ' 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwellin unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. 11 Front I Side Rear 25 ft. 1 8 ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. 161.15 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit8 Single-family dwellings Unit Two-family dwellings Unit 11 Manufactured home park Unit 12 Offices, studios and related services 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 13 Eating laces Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C). Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home ark 50 ft. Single-family 60 ft. Two-family60 ft. Three or more 90 ft (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home ark 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 sq. ft. Fraternity orSorority 1 acre K. Weporta1200APC Reports110-11-04WN 04-1225 (Conmr Law Firm).doc (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Townhouses & apartments: No bedroom 1,000 sq. ft. One bedroom 1,000 sq. ft. Two or more 1,200 sq. ft. bedrooms Fraternity or Sorority 500 sq. ft. per resident (D) Density. 11 Units per acre 1 a to 24 (E) Setback regulations. Front 30 ft. Front, if parking is allowed between the right- of-way and the building 50 ft- Side 10 ft. Side, when contiguous to a residential district 15 ft. Rear, without easement or alley 25 ft. Rear, from center line of public alle 10 ft. (F) Height regulations. There shall be no maximum height limits in R-O Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back with any boundary line of any RSF or RMF District an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. K. Weports12004TC Reporisll0-11-OARM 04-1225 (Conner Law Firm).doc FAYEr'tEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 4, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, ,RECEIVED OCT 0 5 2004 PLANNING DIV. POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Rezoning RZN 04-1225 (Conner Law Firm, 529) submitted by Robert Jeff Conner for Property located at 3398 E. Huntsville Road 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 annexation and rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerely, 40 Lieutenant William town 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 9522 WRITTEN DESCRIPTION OF REQUEST FOR REZONING The property in question, which is located at 3398 E. Hunstville Road, also known as 3398 Highway 16 East,_is owned by my wife and I, Robert J. and Catherine L. Conner. We purchased this property on August 27, 2004, for the specific purpose of moving my law practice, the Conner Law Firm, into the residential building that exists at this address. (A log cabin reportedly constructed in 1916.) We must have the property rezoned to residential office to permit us to do this. Our use of this property will not substantially change its appearance and/or relationship to the surrounding area. If anything, our occupation of the property should enhance both the appearance and possibly the property values of the neighborhood. The property is bordered to the east and north by a multi -unit mobile home park. A vacant, wooded lot borders the west of the property, and the south side of the property borders highway 16 east. There is a barbershop (Joanne's) located very close to this property on the same side of the highway. There are also flea markets, an automotive body shop, an automotive sales lot, a bait store, Dr's offices and a restaurant all within .8 of one mile in either direction on the same highway. There are only three people who work at the Conner Law Firm, including myself. Being a small office, we seldom have more than a singular client at the office at one time, so I do not believe we will contribute in any significant manner to an increase in traffic in the area. I would think that if the property were actually rented as a residential unit to college students, which would ostensibly be permitted under current zoning, traffic at the property could be greater than what I propose. I think this would be equally true if I moved my family into this property, as I have two children of driving age. Again, I would anticipate that our occupation of the property will not substantially change the use of this land, or change its appearance, other than some minor gardening, maintenance and lawn care we intend to perform. We do intend to submit an application to place a sign at the front of the property, but the sign will be very similar, if not identical, to most "for sale" signs placed on properties by realtors in the area. It will be professionally designed and constructed, and will hopefully be complimentary to the architecture of the antiquated log cabin. Both city water and sewer are located across the front of the property and both are provided through 6" lines. Attached hereto is a diagram from the City Engineering Department, which identifies the sewer and water lines. I personally believe that it would be impractical to use the land for any of the uses permitted under its existing zoning, as the home is located on a rather heavily trafficked major thoroughfare and is practically surrounded by a mobile home park. ti u if s r � dd x r41*.�. �. 1 +RL l i Y � (I i 1 1. `E �s Y i r �Sh �i•Y ,: ' S 4 5j S. �r i, i - ��i Ll �;�. S � t I; Ir r I � >n y� Ir s ICA IN �I fe r t 1 t i 6H"� tih Ilk 4� q I li A T I ��p Yus H$ it I11 � I I• �Y f„ 1pIIT - tI p I r 10 le p I RZN04View C O N N E R LAW FIRM Close Upp View . RSF-41 j-- y — �'`-------_ . I II j o � -- - I �I ! I PRIVATE DR n I LJ I I PRIVATE DR I II Of i p I I �Id o a I RSFdARMF-24 ' I �^ Ikk SUBJECT PROPERTY DR PRNATE DR PRIVATE _ W/ Of I R-A I I is I I jI I I a I PRIVATE DR _ I R7SF-0 0 Overview r R-A 9SF-4 t.. RSF-1 ObEn RSF-4© 1--1 C-1 u Legend &00000rvIaY DiseiM sm ®0000 P opal A,Oadal PLOODWAY — Master Street Plan sm MipOr Medal I X YEAR Master SfroetP4n I:paetl0r —500YER 0Fe ayrE csswaye eee ftt COMW —w�' LIMIT OF STUDY — — - BaselineFWle RZN04-1225 Fayetteville O Outside City 0 75 150 300 450 600 Feet �� j RZNO e d UseFuture C O N N E R LAW FIRM Overview Legend _----- Subject Property Boundary Master Street Plan -' -- RZN04-1225 �.�, Freeway/Expressway Planning Area /� " CPOoOa � Principal Arterial Streets 000000° Overlay District °-i Minor Arterial Existing Outside City Collector Planned ' - eon 00 Historic Collector 0 75 150 300 450 600 Feet STAFF RENW FORM - NON -FINANCIAL OBLATION AGENDA REQUEST For the Fayetteville City Council Meeting of: November 2, 2004 FROM: Dawn T. Warrick Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: CP&E Department RZN 04-1225 was submitted by Robert Jeff Conner for property located at 3398 E. Huntsville Road containing approximately 0.78 acres, more or less. The request is to rezone the subject property RSF-4, Residential Single Family, four units per acre. Iv (L_ b iblei'P o mcU . ok STAFF RECOMMENDATION: Approval. Divead ( T/ 2,�� City Attorney Department Director 44P L cLLL. Finance & Internal Services Dir. Date to' W -OL( Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Date Orig. Contract Date: Orig. Contract Number: New Item: Date Yes No Planning Commission October 25, 2004 Page 13 RZN 04-1225: Rezoning (CONNER LAW FIRM, 529): Submitted by ROBERT JEFF CONNER for property located at 3398 E HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.78 acres. The request is to rezone the subject property to R-O, Residential Office. Ostner: Our next item is a rezoning. RZN 04-1225 for the Conner Law Firm, Warrick: This is a rezoning request for property located at 3398 E. Huntsville Road. Property contained approximately .78 acres, and the request is to rezone the property from RSF-4 to R-O, Residential Office. The subject property is located north of Huntsville and east of Crossover. it currently is developed as a single family residential unit_ It does have adjacent single family dwellings to the south and to the west. There's a manufactured home park containing approximately 62 units, located north and east of the subject property. And that mobile home park is zoned RMF-24. The applicant proposes to improve the existing single family dwelling and to convert it for use as a law office. The general plan does designate this property as residential. We are recommending approval of the requested rezoning to R-O, because we feel that while it is not a solely residential zoning district, it does permit residences and it is an appropriate transitional type zone between the multi -family zoning and the manufactured jrome park and the single family residential uses that are on the other side of the subject property. This is also a piece of property on Huntsville Road. That's a very heavily traveled street. It's a state highway, and it's not as desirable as it once was for establishing a single family residence with direct access to Huntsville Road. So therefore we feel like a small, professional office that would generate fairly low traffic would be an appropriate conversion for this particular structure. We do feel that is compatible for the reasons that I've stated, and for the reasons based on staffs findings we are recommending in favor of this rezoning to Residential Office. Ostner: Thank you. Is the applicant present? If you'd like to introduce yourself and give us your presentation. Conner: Yes I'm Jeff Conner. I don't have a formal presentation for you, but 1 would point out that Item #2 on the agenda is trying to be converted from Residential Office to RSF-4. That property is located immediately to the east of my property. We're separated by the mobile home park that they've talked about. So, I think we might add balance to the neighborhood by swapping our properties. Ostner: Thank you, at this point, I'll Open it up to the public. Would anyone like to speak to this RZN 04-1225? Seeing none, I'll close it to the public and bring it back to the Commission for comments. Planning Commission October 25, 2004 Page 14 MOTION: - Clark: Based on the information that's in our packet regarding what Mr. Conner's intent is to do with this very unique building, I think it sounds like an asset to the area; so I will move that we approve the RZN 04-1225. Allen: ]second. Ostner: Thank you, 1 have a motion by Commissioner Clark and a second by Commissioner Allen. Is there further discussion? Could you call the roll? Roll Call: Upon the completion ofroll call, the motion to approve RZN 04-122.5 was approved by a vote of 8-0-0. t FAYETTOILLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 DEPARTMENTAL CORRESPONDENCE city_cierk@ci.fayeffeville.ar.us To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman V e City Clerk Division Date: November 9, 2004 Re: Ordinance No. 4636 The City Council approved an ordinance November 1, 2004, rezoning petition RZN 04- 1225 located at 3398 E. Huntsville Road. 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 • • • ' •.J • AFFIDAVIT OF PUBLICATION I, 10AU 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: L 4U, 6 was inserted in the regular editions on l ** Publication Charge: $ Subscribed and sworn to bef re me this I� day of _, 2004. & wou Notary Public My Commission;EX Tres: Catherine Sall 4 Notary Public, State of Arkansas Washington County 4 My Commhl •-n Expirca 02/27/0.1 ** Please do not pay frtm .Af�idevtt«t ;:«c«..ccc«:; An invoice will be sent. RECEIVED NOV 1 K 2004 Citil L.. `• .T. ORDINANCE REZONING THAT PROPERTY :RIBED IN REZONING PETITION RZN 04-1225 AS 41TTED BY ROBERT JEFF CONNER.FOR PROPER- ICATEDAT3398 E. HUNTSVILLE ROAD'CONTAIN. SyEEEe ey le ARKANSAS O, RESIDENTIAL OFFICE. R ORONNBO BY THE CRY COUNCIL OF THE CRY OF FAYHTTBYILLB, ARRAMIL Lt , b 1: That dv zone ciassificatbn of"R AaWg dt s Ixd Prop" 0 hor&Ty charged ee fubNs: n RSF4, Res dorK01 SWQIl Faady, 4 Urttts P& Acre to R-O. Resdoneel Ofica W slKAvn N Ea bt � h 10 &W meda a Part hereof. aatl APPROVED i 1st day of Novomh&, 2004. E)HSIT'A' RZN 04.1225 )F THE SOUTHEAST QUARTER OF SECTION THIRTEEN RANGE THIRTY M WEST, WASHINGTON COUNTY TOM THE NORTHWEST CORNER OF THE SAID SOUT-1- kRTER, GO SOUTH 01*12'00' EAST 514.91 FEET TO THE DESCRIBED, THEN GO SOUR? 87.18'08' EAST 135.00 T TO -THE NORTH RIGHT OF WAY OF ARKANSAS STATE -IT OF WAY NORTH 87911'48' WEST 135.01 FEET, THEN )'47' WEST 250.83 FEET TO THE POINT OF BEGINNING CONTAINING 0.78 ACRES. 212 NORTH EAST AVENUE • P.O. BOX 1607 0 FAYETTEVI F02 • (501) 442-1700