HomeMy WebLinkAboutOrdinance 4139 FILED FCR Rt: CORD
099 APff 2 Pn 3 59
VMSHINGiON CO AR
K . HARNESS
ORDINANCE NO. 413 9
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ98-24 FOR A PARCEL
CONTAINING APPROXRv ATELY .40 ACRES LOCATED 731 N
LEVERETT AVENUE REQUESTED BY DEBORAH AND
CALVIN LANINGHAM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Stijl. That the zone classification of the following described property is hereby
changed as follows:
From C-I Neighborhood Commercial to R-3, High Density Residential for the real
property described 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 2' day of February 1999.
t APPROVED /�
\y. a• B
Fed Hanna, Mayor
F
Heather Woodruff, City Cl c
n
99;)� ®61 s9
ord . 4139
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ98-24
The South half of Lot Numbered Three (3) and all of Lots Numbered Four (4) and Five (5) in Block
Sixteen ( 16) of Rose Hill Addition to the City of Fayetteville, Arkansas, as per plat of said Addition
on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.
99ti0 ?9
� (tiiRlo7p tia�a.a GI {)11 Glod Gad rax-afffslo
GOefdO lar Washington County. Arkansas, do hereby
QANIM thm IN; Inatr4-t"nt we@ Clad for record in my
etAtsn M; in91a0hilq herop and the Same is now duty
rthaaoreonedln R!aaola Drek th the a al Bap as Indlcadtedetthereon,
IN WPPN@da WHUR60`, i hm+s hnrounto set my
hand Arid affixed the goal of said Court on the date indi-
anted Mroun.
It.,4 ' Bn fi Aril@Ge
C u! Cio.•k and fix•oCl01n 4ieaPrdar
KtV k. : i r
STATE OF ARKANSAS
FEB 19 1999
County of Washington ss.
FINANCE DEPS;
I , JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
oRDINANCENo. 4139 published at a fixed place of business and at fixed (daily) intervals
AN ORDINANCE REZONING continuously in the City of Fayetteville, County of Washington, Arkansas for
THAT PROPERTY DESCRI-
BED
BED IN REZONING PETITION more than a period of twelve months, circulated and distributed from an
RZ98-24 FOR A PARCEL established place of business to subscribers and readers generally of all
CONTAINING APPROXIMATE-
LY .40 ACRES LOCATED 731 classes in the City and County for a definite price for each copy, or a fixed
N LEVER ETT AVENUE IE-
AND
rice per annum, which rice was fixed at what is considered the value Of the
QUESTED BY DEBORAH AND P P P
CALVIN LANINGHAM. - publication, based upon the news value and service value it contains, that at
BE IT ORDAINED BY THE least fifty percent of the subscribers thereto have paid for their subscriptions
CITY COUNCIL OF THE CITY to the newspaper or its agents or through recognized news dealers over a
OF FAYETTEVILLE,
ARKANSAS: period of at least six months and that the said newspaper publishes an
Section 1. That the :one clan- average of more than forty percent news matter.
suication of the following descri-
bed property is hereby changed
as follows: I fu er certify that the legal notice attached
attached' in the
matter of
From C-1 Neighborhood Com- dl l /1 n As � 11 N 1 • / I�t✓y
mercial to R-3, High Density l t A fLLf I ( VVV 111 t1 JJ –f I
Residential for the real proper- ,
ty described in Exhibit -A- at-
tached hereto and made a part was published in the regular daily issue of said newspaper for
hereof.
consecutive insertions as fo ows:
Section 2. That the official zon-
ing map of the City of Fayette- �/[_�
Fayette-
vine Arkansas, is hereby The first insertion on the day °1 19
amended to reflect the zoning
change provided in section 1
above. the second insertion on the day of 19 —
PASSED AND APPROVED
this 2nd day of February, the third Insertion On the day
k14APPROVED: the fourth Insertion on the I , 19 —
By: Fred Hanna, Mayor
ATTESTP er/ eneral Manager
By: Heather Woodruff, City
Clerk Sworn to and subscribed before me on this day of
127110,1 j
EXHIBIT "A" .41
nrrrrccc
LEGAL DESCRIPTION Gaut >" prkans t
FOR RZ98-24 yubliC, slow °t ��c Notary Public
The south halt of Lot Num- ; WIts, III I1O pireStp1J711�1L
bered Three (3) and all ofLotsMy Commission Expires: ,
Numbered Four (4) and Five (5)
in Block Sixteen (16) of Rose �MCRCCC(CC[l(4C"`(
Hill Addition to the. City of � r
Fayetteville, Arkansas, as per "Jl
plat of said Addition on file in Fees for Printing.......................................................$
the office of the Circuit Clerk
and Ex-Officio Recorder of
Washington county, Arkansas. Cost of Proof.............................................................$
Total..........................................................................$ D 0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Janet Johns, Planning Secretary
From: Heather Woodruff, City Clerk
Date: February 10, 1999
Attached is a copy of the ordinance approving RZ 98-24 for your records. The original will be
microfilmed and filed with the City Clerk. The ordinance with also be filed with the County.
CC. Clyde Randall, Engineering
Jim Johnson, Meter Operations
John Goddard, Data Processing
CG( cvD &IzZ(,
MICROFILMED STATE OF ARKANSAS FEB 19 1999
County of Washington } ss.
FINANCE 001
.
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of live columns each,
ORDINANCE NO. 1139 published at a fixed place of business and at fixed (daily) intervals
AN ORDINANCE REZONING continuously in the City of Fayetteville, County of Washington, Arkansas for
THAT PROPERTY DESCRI-
BED
,,
BED IN REZONING PETITION more than a period Of twelve months, circulated and distributed from an
RZ9e-24 FOR A PARCEL established place of business to subscribers and readers generally of all
CONTAINING APPROXIMATE- ..
LY .40 ACRES LOCATED 131 classes in the City and County for a definite price for each copy, or a fixed
N LEVERETT AVENUE RE- '
QUESTED BY DEBORAH AND price per annum, which price was fixed at what is considered the value of the
CALVIN LANINGHAM. ..C"I` ; publication, based upon the news value and service value it contains, that at
BE IT ORDAINED BY THE least fifty percent of the subscribers thereto have paid for their subscriptions
CRY COUNCIL OF SHE CRY to the newspaper or its agents or through recognized news dealers over a
OF FAYETTEVILLE; : ;rnf 1 9 9 g
ARrc .NSAS: ; ;, ,`yt, I period of at least six months and that the said newspaper publishes an
Section j; That trio zone clas- 1 average of more than forty percent news matter.
sitication of the folloWng dead- '
bad property Is hereby "ogee I fu er certify asfolms: ; e .r_To ,. ,. , y that the legal notice attached in the matter of
From eial t Neighborhood 3Hih gym: nQn o a RP0 .
merclal to fl•3, High Density I - �
Residential for the real proper-
ty described in Exhibit 'A-. et-1 /
tarred hereto and made a Partwas published in the regular daily issue of said newspaper for
hereof.. . f t :: c: ;...
Section 2. That the omdal `:on=
consecutive insertions as to Ows:
Ing map of the City of Fayette-, C
villa, Arkansas, is hereby The first insertion on the e I da of 19
amended to reflect the zoning y
change provided In Section 1
above. 1 . • : u _" ' ` =j the second insertion on the day of 19 —
PASSED AND APPROVED '
this 2nd day of -A- February.
fyyg. ..;, .. .��•�. • the third insertion on the day of 19 —
APPROVED: a, - --: ':. 1
the fourth insertion on the ( 1g
By: Fred Hanna, Mayor
ATTEST.•
By: Heather Woodruff, CityP er/ eneral Manager
Clerk Sworn to and subscribed before me on this k� day of
.yam ., , -, '. ••r \ V '-. '4 1 /
191 r
- . EXHIBIT !X" 1 - •��%�{
LEGAL DESCRIPTION
�, . FORRZ98-24 v �, ::` :-, Ad;allh4 ,
>, pchGc. S! " c'( � Notary Public
The South half of Lot Num-1 )i WRfit1111LL011C re�1py271OS '(
tiered Three (3) and all of Lots My Commission Expires: . rxP c Z<
Numbered Four (4) and Five (5) �r NAY
u
In Block Sixteen (16) of Rose «cccccccccucctcct�c
Hill Additionthe City of ,
Fayetteville, Arkansas, as peer ' XU'
plat or said Addition on file In Fees for Printing.......................................................$
the office of the Circuit Clerk
and Ex-Officio Recorder of
Washington County. Arkansas. . , Cost of Proof.............................................................$ p
Total..........................................................................$ 6
MICROFILM RZ98-24
ME, 1 9
STAFF REVIEW FORM 02D, 4113 !
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of Maseh 2 , 1999 .
FROM :
Alett Little Planning Public Works
Name Division Department
ACTION REQUESTED : To approve rezoning request RZ98 -24 changing . 40 acres from
zone C-1 , Neighborhood Commercial to R-3 , High Density Residential . This request
was submitted by Deborah and Calvin Laningham for property located at 731 N .
Leverett .
COST TO CITY :
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY :
Ac unt ' n M Hager Date ADA Coordinator Date
i dq y At n , DDateee Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommends approval and Planning Commission approved
RZ98 -24 at the regular meeting of January 11 , 1999 , with a unanimous vote of 9-0 -
0 .
Y' Cross Reference
v ' ion Hea ate
D art t irector to r New Item : Yes No
A in ' t a ive Services /Date,/JIG Prev Ord/Res# :
Dir r / � � ,
May r Date Orig Contract Date :
RZ 98;24
.M,E,2
Minutes of Planning Commission Meeting
January 11 , 1999
Page 35
RZ98-24: REZONING
LANINGHAM, PP 444
This project was submitted by Deborah and Calvin Laningham for property located at 731 North
Leverett Avenue. The property is zoned C= 1 , Neighborhood Commercial, and contains
approximately 0.40 acres. The request is to rezone the property to R-3 , High Density
Residential.
Staff supports rezoning from C- 1 to R-3 which would allow construction of up to 16 units on the
site. Staff supports the zoning change because all of the surrounding properties are R-3 ;
however, support is tempered with concern that if development occurs to the full density allowed
under R-3 , it will be difficult to provide adequate onsite parking. This statement is included in
the recommendation as a caveat that development of the site at the maximum density is probably
not feasible because of site issues. This site will not be reviewed by the Planning Commission
prior to development.
Mr. Calvin Laningham and Collier Parish were present on behalf of the project.
Commission Discussion
Laningham: My interest in rezoning is to sell the property to Collier Parish for development of
apartments.
Odom : Do you understand the concerns of the staff about being allowed to develop to the
fullest extend on R-3?
Parish: I understand and it is my intention to limit the development to eight units. It will
probably be upscale student housing.
Little: That sounds reasonable.
Public Comment
None.
MOTION
Mr. Forney made a motion to approve rezoning RZ98-24.
Ms. Johnson seconded the motion.
RZ 98-24
III.E.4 '
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 N. Mountain St.
Fayetteville, AR 72701
Telephone:
PLANNING DIVISION CORRESPONDENCE 501 -575-8264
TO- Fayetteville Planning Commission Members
THRU: Alett S. Little, City Planner
FROM: Brent Vinson, Associate Planner
DATE : January 11 , 1998
RZ 98-24.00 : Rezoning (Laningham, pp 444) was submitted by Deborah and Calvin
Laningham for property located at 731 North Leverett Avenue. The property is zoned C- 1 ,
Neighborhood Commercial, and contains approximately 0.40 acres. The request is to rezone the
property to R-3, High Density Residential.
RECOMMENDED MOTION :
Staff supports rezoning from C- 1 to R-3 which would allow construction of up to 16 units
on the site. Staff supports the zoning change because all of the surrounding properties are
R-3; however, support is tempered with concern that if development occurs to the full .
density allowed under R-3, it will difficult to provide adequate onsite parking. This
statement is included in the recommendation as a caveat that development of the site at
maximum density is probably not feasible because of site issues. The site will not be
reviewed by the Planning Commission prior to development.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: January 11, 1998
Comments:
CITY COUNCIL ACTION : YES Required
Approved Denied
Date:
BACKGROUND :
The property is currently zoned C- 1 . The applicant requests that the property be rezoned to the
1995 zoning classification of R-3 . There is additional R-3 zoning in the area; however, the
RZ 98-24
HI,E,5
surrounding properties are not developed to an R-3 density which would allow 40 units per acre
or in this case 16 units (40 units x .4 acres). The zoning change is requested so that the
construction of an upscale two bedroom apartment building by Pierce Properties may be
considered. The proposed apartment building would be within walking distance of the
University and should not increase traffic significantly. This construction would allow reuse of
the vacant lot and could enhance an established neighborhood. Applicant proposes to retain the
large existing oak tree on Leverett Avenue. Applicant states that the only sign would be a small
site sign to identify the property and street address. Sewer is available -- a terminal manhole
with a six-inch line is located in the northwest comer of the property in the twenty-foot utility
easement. There is an eight-inch sewer line located along Cleveland. Also, there is a two-inch
water line located on the west boundary, running the full length of the property. A six-inch water
line also exists along Leverett Street and Cleveland Street.
In the January 9, 1995 Planning Commission Meeting, a request by Mike Galbraith (owner of the
property until 1997) was approved to rezone the property to C- 1 . The property was R-3 prior to
this time. The reason given for the request was to remove dilapidated rental houses and provide
a pocket of commercial services (possibly a coffee shop) in a high density residential area as
desired in the village concept. City Council later approved the rezoning. Dilapidated structures
were removed; however the planned commercial development has not taken place.
Background on the Previous Zoning Change from R-3 to C-1 : In the 1995 Planning
Commission Meeting, the staff recommended approval of the Commercial zone suggesting the
inclusion of housing units on the second story of any commercial building at the site so that the
residential nature of the area would not be lost. Staff recognized Leverett Street as a fairly
congested street in its present form and did not recommend development of the entire street as a
commercial area. The inclusion of pocket commercial was seen as an amenity to the dense
housing already existing in the area. One commissioner expressed concern regarding
commercial business at this location and contended the proposed commercial development
would be more appropriate located on a corner with the potential for dual access. The planning
director explained a corner location would not be necessary in the subject case because the
proposed use would not involve a high generation of traffic.
ADJACENT LAND USE AND ZONING
North: Pizza Hut, zoned C-2
South: Single family residential, zoned R-3
East: Office and Single family residential, zoned C- I and R-3
West: Apartments, zoned R-3
INFRASTRUCTURE:
Streets: Leverett Street is a Collector requiring 60' to 80' of right of way. Leverett Street
is currently two lanes of 23' width within 50' of right of way.
RZ 98-24
HLE.6
Water: There is a 6" water line along Leverett Street and Cleveland Street.
Sewer: There is an 8" sewer line along Cleveland Street.
LAND USE PLAN:
General Plan 2020 shows this area as Residential.
§161.04 DISTRICT R-3 : HIGH DENSITY RESIDENTIAL.
A. Purpose. The High Density Residential District is designated to protect existing high density
multifamily development and to encourage additional development of this type where it is
desirable.
RZ 98.00-21 .00 FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The rezoning proposed is consistent with the land use planning objectives,
principles, and policies of the land use and zoning plans.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The zoning is justified and needed at this time to meet the goals of General
Plan 2020 for infill development.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would not create or appreciably increase traffic danger
and congestion.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would slightly alter the population density but would
not undesirably increase the load on public services including schools, water,
and sewer facilities.
DIP 9&24
IH E, 7
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