HomeMy WebLinkAbout233-12 RESOLUTIONRESOLUTION NO. 233-12
A RESOLUTION AGREEING TO THE CHANGE IN ZONING FROM
COMMERCIAL TO RESIDENTIAL FOR PROPERTY LOCATED IN
JOHNSON THAT ADJOINS PARCELS IN FAYETTEVILLE
WHEREAS, A.C.A. §14-56-306(b) requires that when adjoining land within a boundary
area between two cities is sought to be rezoned, the city council of the city in which the
adjoining property is located must agree to any such rezoning; and
WHEREAS, the City Council has determined that the rezoning from commercial to
residential recommended by the City of Johnson Planning Commission is compatible with the
adjoining lots within the City of Fayetteville.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
that the rezoning requested by the applicants, First Security Bank and Dr. and Mrs. Harvey
Smith, as described on Exhibit A and as shown on the map attached as Exhibit B, is compatible
with the adjoining lots within the City of Fayetteville and further hereby agrees to this proposed
change in zoning of the applicants' lots.
PASSED and APPROVED this 4th day of December, 2012.
APPROVED:
By:
LIO ELD J; ' ! AN, Mayor
ATTEST:
By: An.,
SONDRA E. SMITH, City Clerk/Treasurer
AGENDA REQUEST ,61.44.1,;.,, /1--.2 7-41
FOR: COUNCIL MEETING OF DECEMBER 4, 2011
FROM:
ALDERMAN BOBBY FERRELL
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Agreeing To The Change In Zoning From Commercial To
Residential For Property Located In Johnson That Adjoins Parcels In Fayetteville
APPROVED FOR AGENDA:
Bobby Ferrell Date
Alderman
6)C
11- 21- [Z
City Attorney ' Date
Wttevt1e
Departmental Correspondence
ARKANSAS
www.accessfayetteville.org
LEGAL
DEPARTMENT
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Andrew Garner, Senior Planner — Current Planning
FROM: Kit Williams, City Attorney
DATE: November 14, 2012
RE: Rezoning request for land abutting the City of Fayetteville
A.C.A. §14-56-306 Land Use in adjacent and contiguous cities to be compatible
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
First Security Bank has notified the City of Fayetteville through my office (letter
attached) that it will seek rezoning of a couple of parcels of land in the City of Johnson
adjoining some parcels within the City of Fayetteville. The bank will present this rezoning to
the City of Johnson Planning Commission on November 26, 2012 at 7:00 p.m.
Pursuant to A.C.A. §14-56-306 (b):
"Adjoining lands within the boundary area shall remain zoned with a
compatible land use until the governing body of each municipality
which is adjacent and contiguous to the boundary area adopts a
resolution agreeing to a change in the zoning of the lands or
properties that adjoin one another and stating that the rezoning to a
land use which is not compatible will not adversely impact the
adjoined land or property."
Therefore, the Fayetteville City Council will need to pass a Resolution agreeing with
this proposed rezoning in order for the rezoning (if passed by the City of Johnson) to go into
effect. First Security Bank should present a request for such Resolution detailing the
rezoning it is requesting, the uses allowed for the proposed as well as current zoning and any
other information you may need to decide whether or not to approve such rezoning.
October 30, 2012
City of Fayetteville
Attn: Kit Williams. City Attorney
113 W. Mountain
FirstSecurBity Fayetteville, AR 72701
Bank
RE: Rezoning of Parcel #785-18132-001 & Parcel #785-18155-001
in the City of Johnson, Washington County, AR
Dear Mr. Williams:
Please let this letter serve as notice that First Security Bank is requesting a
rezoning of the above -referenced property, which is located near the City's
property identified as parcels numbered 765-28354-000, 765-22232-001,
765-22233-000,785-18155-003 & 785-18155-002.
The Bank is requesting that the current zoning of C-1 be changed to R-1.
The City of Johnson Planning Commission meeting on this proposal will be
held on November 26, 2012 at 7:00 p.m. at the Johnson City Hall located at
2904 Main 'Drive in Johnson, Arkansas.
Thank you for your kind consideration.
Sincerely,
Tonya L. Patrick
P.O Box 1246
Fayettev,ile, AR 72702
479 527-7000
Fax t 479j 527-7001
fsbancot p corn
Member FDIC
FrstSecurBankity
November 16, 2012
Mayor Lioneld Jordan &
The Fayetteville City Council
113 W. Mountain
Fayetteville, AR 72701
RE: Rezoning of Parcel #785-18132-001 & Parcel #785-18155-001
Dear Mayor Jordan and Council:
First Security Bank owns approximately 20 acres located at the southern
boundary of the City of Johnson and as set out on the attached survey. The
property is also adjacent to a few parcels owed by the City of Fayetteville and
other parties, which are located within the city limits of Fayetteville. The
Bank has made application to the City of Johnson requesting the current
zoning of C-1 be changed to R-1 or another appropriate classification which
would allow the building of a single family residence on the property. The
property was previously zoned residential until it was changed a few years
ago to commercial.
The Bank currently has the property under contract with Mr. Harvey Smith,
whose intent is to build a personal residence on the property. In fact, the
contract is contingent upon him being able to do so.
As you can see from the survey, a good portion of the property is in the flood
plain or floodway. This makes any commercial use of the property quite
difficult if not impossible. Its highest and best use would be for a residence,
which would leave much of the property in its natural state. This would be
highly consistent with the other surrounding residential properties and with
the general "rural like" setting of the area and its proximity to the proposed
bike trail. It is my understanding that utilities are readily available, and
further, a change to a residential zoning would not increase the traffic in the
area or unduly increase the load on public services such as schools, water and
sewer facilities as would a commercial development.
Please consider this letter as a formal request for the City of Fayetteville to
pass a resolution agreeing with the proposed rezoning if said rezoning is
adopted by the City of Johnson.
I have attached the application submitted to the City of Johnson and other
pertinent information. This matter is currently set for consideration at the
City of Johnson Planning Commission meeting scheduled for November 26,
2012.
Please let me know what further you might need in this matter.
Thank you for your kind consideration.
Sincerely,
Tonya L. Patrick
atiL
cc: Jeremy Pate, Development Services Director
Jesse Fulcher, Planning
Quinn Thompson, Planning
Kit Williams, City Attorney
t661-1-
A PART OF THE N6 1(4 04 THE NE 1)4 AND A PART OFTHE SE 111 OF
THE N5 1(4 OF SECTION 27, TOWNSHIP 17 NORTH, RANGE 3D WEST,
WASHINGTON OOUNTY, ARKANSAS, BEING MORE PARTICULARLY
°ESCRLBEwI AS FOLLOWS, TO•W1T: BEGINNING ATA POINT WHICH IS
SOUTH 00'40'51" EAST 892.13 FEET FROM THE NE CORNER OF SAID
SECTION 27, AND RUNNING THENCE SOUTH 00'48'51" EAST 6,37 97
FEET; THENCE SOUTH 89'57'53" WEST 714.12 FEET TO THE
CENTERLINE Oi FRYECHLAG BRANCH; THENCE ALONG SAID
BRANCH CENTERLINE THE FOLLOWING BEARINGS AND DISTANCES:
NORTH 10°30'51- WEST 208.25 FEET, NORTH 49'02151^ WEST 82.10
FEET, NORTH 1r0909 WEST 220.42 FEET, NORTH 46632'51" WEST
89.12 FEET, NORTH 51'26'51` WEST 11340 FEET. NORTH 6754'32'
WEST 318.37 FEET, NORTH 40'3829` WEST 1C43,44 FEET TO THE
CENTERLINE OF THE JOHNSON ROAD; THENCE NORTH 52'49'31'
EAST, ALONG ROAD CENTERLINE, 127.72 FEET; THENCE NORTH
34'30'31" EAST. ALONG ROAD CENTERLINE, 70.81 FEET; THENCE
NORTH 13'24'31` EAST, ALONG ROAD CENTERL.JNE 8+7.35 FEET;
THENCE NORTH 68'54'00" EAST 249.80 FEET; THENCE SOUTH
25°25`20` EAST 763.91 FEET; THENCE. NORTH 84°2940' EAST 710.80
FEET TO THE PONT OF BEGINNING, CONTAINING 17.80 ACRES,
MORE OR LEGS. LESS AND EXCEPT: THAT PART THAT 15 WTTIIN A
WARRANTY DEED IN FAVOR OF THE CITY OF FAYETTEVILLE,
ARKANSAS, A MUNICIPAL CORPORATION, RECORDED AS LAND
DOCUMENT NUMBER 98038314 ANDA QUITCLAIM DEED IN FAVOR OF
THE CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL.
CORPORATION, RECORDED AS LAND DOCUMENT NUMBER 9803931&
O1 THE RECORDS OF WASHINGTON COUNTY, ARKANSAS
AND,
A PART OF SECTIONS 22 AND 27,-COWNSHIP 17 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, KING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT
THESE CORNER OF SAID SECTION22 AND RUNNING THENCE NORTH
0.40'30" WEST 252.79 FEET TO TILE SE CORNER OF LOT 4, HENDRIY,
HEIGHTS SUBDIVISION; THENCE NORTH 88.00'29" FEET; THENCE
NORTH 86'03'58" NEST 275.12 FEET;TEHE-NCE NORTH 83'55'10'WEST
199.52 FEET: THENCE SOUTH 86'51'20" WEST 226.21 FEET; THENCE
NORTH 64'39'19" WEST 246.21 FEET TO THE CENTERLINE CIF
JOHNSON ROAD; THENCE. SOUTH 05"25'46 EAST. ALONG ROAD
CENTERLINE, 330,39 FEET; THENCE SOUTH 04'47$1` EAST, ALONG
ROAD CENTERLINE, 435,35 FEET; THENCE NORTH 85'54'06" EAST
249.80 FEET; THENCE SOUTH 25'2620" EAST 383.91 FEET; THENCE
NORTH 84°29'40" EAST 740 80 FELT: THENCE NORTH 00'48'51" WEST
592.12 FEET TO THE POINT OF BEGINNING. CONTAINING 24.27
ACRES, MORE OR LESS. LESS AND EXCEPT: THAT PART THAI IS
WITHIN A WARRANTY DEED IN FAVOR OF THE CITY OF
FAYE 1 I tV LLE, ARKANSAS, AMUNiCIPAL CORPORATION, RECORDED
AS LAND DOCUMENT NUMBER 98039314, AND A QUIT CLAIM DEED IN
FAVOR OF THE CITY OF FAYETTT.vILLE, ARKANSAS, A MUNICIPAL
CORPORATION, RECORDED AS LAND DOCUMENT NUMBER 98339316
OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS. Li SAND
EXCEPT: A PART OF SECTIONS 22 AND 27, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT
THE SE CORNER OE SAID SECTION 22 AND RUNNINGTHENCE NORTH
00°49'39' WEST 282.61 FEET TO THE SE CORNER OF LOT4, HENDRIY,
HEIGHTS SUBDIVISION;THENCENOR'TP.87'57'33' WEST 252.86 FEET;
THENCE NORTH 88°O '56" WEST 275.12 FEET: THENCE NORTH
63'5C'09' 1wEST 199.59 FEET; THENCE SOUTH 86'46'48" WEST 226.18
FEET; THENCE NORTH 84'38'53' WEST 246.32 FEET TO THE
CENTERLINE OF JOHNSON ROAD: THENCE SOUTH 05"28'17" EAST
ALONG ROAD CENTERLINE 253.11 FEET; THENCE SOUTII 04'54'10"
EAST. ALONG ROAD CENTERLINE. 512.67 FEET; THENCE NORTH
85°54`10° EAST 244,00 FEET; THENCE SOUTH 88'02'17" EAST 71.18
FEET; THENCE SOUTH 32'31'24" EAST 93.08 FEET; THENCE SOUTH
68'02'17" EAST 71.11 FEET; THENCE SOUTH 01'48'20" WEST 104,75
FEET: THENCE SOUTH 39331'03" EAST 152.06 FEET; THENCE SOUTH
88'03'01" EAST 152.08 FEET; THENCE NORTH 43°25'01' FAST 152.06
FEET; THENCE NORTH 03'44'50" EAST 104.72 FEET; THENCE SOUTH
060217" EAST 353.42 FEET; THENCE NORTH 00'4423" VEST 534.623
FEET TO THE POINT OF BEGINNING, CONTAINING 22.23 ACRES,
MORE OR LESS BEING ALL OF LENHAM HEIGHTS SUBDIVISION.
-
ExHIBrr
I 5i-
RESOLUTION NO.
A RESOLUTION AGREEING TO THE CHANGE IN ZONING FROM
COMMERCIAL TO RESIDENTIAL FOR PROPERTY LOCATED IN
JOHNSON THAT ADJOINS PARCELS IN FAYETTEVILLE
WHEREAS, A.C.A. §14-56-306(b) requires that when adjoining land within a boundary
area between two cities is sought to be rezoned, the city council of the city in which the
adjoining property is located must agree to any such rezoning; and
WHEREAS, the City Council has determined that the rezoning from commercial to
residential recommended by the City of Johnson Planning Commission is compatible with the
adjoining lots within the City of Fayetteville.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
that the rezoning requested by the applicants, First Security Bank and Dr. and Mrs. Harvey
Smith, as described on Exhibit A and as shown on the map attached as Exhibit B, is compatible
with the adjoining lots within the City of Fayetteville and further hereby agrees to this proposed
change in zoning of the applicants' lots.
PASSED and APPROVED this 4th day of December, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
.(11/27/2012) Kit Williams - Johnson Planning Commission 11/26/12
From: Jennifer Allen <gotreceipts@gmail.com>
To: <smith@smithdds.net>,<kwilliams@ci.fayetteville.ar.us>
Date: 11/27/2012 11:58 AM
Subject: Johnson Planning Commission 11/26/12
Dear Mr. Williams,
Please be advised that the City of Johnson Planning Commission approved
rezoning of property located at 6711 Wilkerson from C-2 to R-2 at the
meeting last night, 11126/2012. This approval will go before the Johnson
City Council at the December meeting on 12/11/12. No opposition is expected
and we hope to get this rezoning passed with an emergency clause at this
meeting.
If you need any more information, please don't hesitate to contact me by
email or call me at the number listed below.
Respectfully,
Jennifer Allen, CAMC
Recorder/Treasurer
City of Johnson
(479) 521-7291
(479) 521-7292 fax
Seite 1 i