HomeMy WebLinkAboutOrdinance 4312 ; LLD FOR RECORD
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ORDINANCE NO, 4312 WASHINGTON CO AR
AN ORDINANCE REZONING THAT PROPERTY DESCABWPS
IN REZONING PETITION RZO1 .7.00 FOR A PARCEL
CONTAINING APPROXIMATELY 0.26 ACRES LOCATED
AT 932 N. GARLAND AVENUE AND 1003 HUGHES STREET
AS SUBMITTED BY STEPHEN MANSFIELD OF MANSFIELD
PROPERTY MANAGEMENT, LLC
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-3, High Density Residential to R-0, Residential Office 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.
$44�SED AND APPROVED this 1st day of May, 2001 .
op
S ;.t APPROVED:
�. DAN COOD , Mayor
ATTEST:
By: 16
Heather Woodruff, City Cler
2001 051 532
ord . 4312 e
• LeDc
EXHIBIT A
EXHIBIT "A"
RZO1 ,7.00
PART OF LOTS NUMBERED ELEVEN ( 11 ) AND TWELVE ( 12) , IN BLOCK
NUMBERED FIVE (5) IN ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT ELEVEN ( 11 ) , SAID
POINT BEING A SET IRON; THENCE N89° 14'02"W ALONG THE SOUTH LINE OF
SAID LOT ELEVEN ( 11) 124.98 FEET TO A SET IRON ON THE EAST RIGHT-OF-
WAY GARLAND AVENUE (ARKANSAS HIGHWAY # 112) ; THENCE N10°21'25"E
ALONG SAID RIGHT-OF-WAY 101 .09 FEET TO A SET IRON ON THE NORTH
LINE OF SAID LOT TWELVE ( 12) ; THENCE S89' 1 1 '20"E 106.85 FEET TO A SET
IRON AT THE NORTHEAST CORNER OF SAID LOT TWELVE ( 12) ; THENCE
S0000132'W 99.61 FEET TO THE POINT OF BEGINNING, CONTAINING 0.265
ACRES ( 119549.5 SQUARE FEET) MORE OR LESS, THE ABOVE DESCRIBED
TRACT BEING SUBJECT TO A PRIVATE SEWER LINE RUNNING ACROSS THE
SOUTHEAST CORNER OF SAID LOT ELEVEN ( 11) .
m
x
ao
2001051533
I, Bette Stamps, Cireu!t C!srk and Ex-OT Recorder
Por Washington C^un y, Fork?rszsdo hmr�dy
that this Inatrumant was fled fur rea, d in my off-a as
Ind! to hereon and the 64L Is no•v d'r'y reoo;d^d
wfth the in Mort and camf: e thcruon
In Record Book and Pags as Indicalcd thereon,
hand and
IN WITNESS K'HERECF I have hereunto set my
affned the seal of said Court on the dale indi-
cated hereon.
Betty Stamp
Circuit Clerl - c-officio Recorder
by .
NAME OF FILE: Ordinance No. 4312
CROSS REFERENCE:
05/01/01 Ordinance No. 4312
Exhibit "A" (Legal Description for RZO1 -7.00)
04/02/01 Planning Division Correspondence
04/09/01 Planning Commission Minutes (Pages 100 & 101 )
05/01/01 Staff Review Form
05/04/01 Departmental Correspondence from City Clerk
05/10/01 Proof of Publication
NOTES :
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ01 -7.00 FOR A PARCEL
CONTAINING APPROXIMATELY 0.26 ACRES LOCATED
AT 932 N. GARLAND AVENUE AND 1003 HUGHES STREET
AS SUBMITTED BY STEPHEN MANSFIELD OF MANSFIELD
PROPERTY MANAGEMENT, LLC
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-3, High Density Residential to R-0, Residential Office 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 day of 2001 .
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZOI-7.00
PART OF LOTS NUMBERED ELEVEN (11 ) AND TWELVE (12), IN BLOCK NUMBERED
FIVE (5) IN ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS
DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT ELEVEN ( 11 ), SAID POINT
BEING A SET IRON; THENCE N89° 14'02"W ALONG THE SOUTH LINE OF SAID LOT
ELEVEN ( 11 ) 124.98 FEET TO A SET IRON ON THE EAST RIGHT-OF-WAY GARLAND
AVENUE (ARKANSAS HIGHWAY # 112); THENCE NIO°21 '25 "E ALONG SAID RIGHT-OF-
WAY 101 .09 FEET TO A SET IRON ON THE NORTH LINE OF SAID LOT TWELVE ( 12);
THENCE S8901 1 '20"E 106.85 FEET TO A SET IRON AT THE NORTHEAST CORNER OF
SAID LOT TWELVE ( 12); THENCE S00°01 '32'W 99.61 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.265 ACRES ( 11 ,549.5 SQUARE FEET) MORE OR LESS. THE
ABOVE DESCRIBED TRACT BEING SUBJECT TO A PRIVATE SEWER LINE RUNNING
ACROSS THE SOUTHEAST CORNER OF SAID LOT ELEVEN ( 11 ).
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM : Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: April 2, 2001
RZ 01-7.00: Rezoning (Mansfield, pp 444) was submitted by Stephen Mansfield of Mansfield
Property Management, LLC for property located at 932 N. Garland Avenue and 1003 Hughes
Street. The property is zoned R-3, High Density Residential and contains approximately 0.26
acres. The request is to rezone to R-O, Residential Office.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: April 9, 2001
CITY COUNCIL ACTION: . Required YES
0Approved O Denied
Date: May 1 , 2001 (first reading if recommended by PC)
Comments:
H:1 USERSICONafOMDAWNT REPORMP04-9-011mansfield.wpd
BACKGROUND:
The subject property is located at the southeast comer of Hughes Street and Garland Ave. There
are two structures on the site, both are currently used as residential rental units. An alley runs
along the east side of the property providing access off of Hughes Street. Adjacent properties
include a commercial center containing Domino's Pizza and others to the north. Residential
dwellings are located on lots to the south and east. And the new Hopkin' s retail center, which is
being developed is to the west at the southwest comer of North/Wedington and Garland.
This portion of Garland Ave. is included in current AHTD plans for improvement (Garland Ave.
between North and Cleveland). This Highway Dept. project will impact this property as well as
those around it.
The applicant owns a property management company and proposes to locate his office in one of
the existing structures on this site. In the future the office activity may expand into the second
structure, however at this time it is expected to remain a rental unit.
The structures on the site are non-conforming with regard to required, building setbacks. Any
variances necessary for renovation to allow the proposed use of this property must be considered
by the Board of Adjustment.
SURROUNDING LAND USE AND ZONING
North: Commercial center, C-2
South : Residential, R-3
East: Residential, R-3
West: Commercial center, C- 1 / Vacant, R-O
INFRASTRUCTURE :
Access to this property is from Hughes Street and Garland Ave. Garland Ave. is classified as a
principal arterial on the Master Street Plan and is a state highway in this location. It is on an
active project list for improvements by the AHTD and construction is expected to begin this
calendar year.
Water and sewer are both available to the site and are serving the existing structures.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-O, Residential Office is consistent with the land use plan and compatible with surrounding
land uses in the area.
N:1 USERSICOAA40AIDAWN7IREPORTSIP04-9-0/Imansfie(d.wpd
0
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: Residential Office zoning allows for single family and two family dwellings as
well as for professional offices. This zoning will allow a mix of residential
and office uses and is consistent with the land use plan.
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 in that it is consistent with the General Plan
2020 and that it would provide an appropriate buffer between the existing
commercial uses at the intersection of North and Garland and the adjacent
residential properties. In the future, the property immediately west of the
site is zoned to be developed as professional offices also.
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. Staff is working with the applicant to provide parking for
the proposed office in accordance with City ordinance and with specific
attention to existing trees as well as safe access from Hughes Street and that
alley east of the site.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities .
Finding: The proposed zoning would not alter the population density in a manner
which would undesirably increase the load on public services including
schools, water, and sewer facilities.
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;
H:I USERSICOM40MDAWNYWEPORTSIP04-9-01 lmansfeeld.wpd
0 •
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
H:I USFRSICOAZNONIDAWN7IREPOR7SIPCI4-9-O/I mansfie(d.wpd
0 •
§161.12 DISTRICT R-O RESIDENTIAL One Family 60 ft
OFFICE.
Two Family 60 ft
A . Purpose. The Residential-Office District
is designed primarily to provide area for offices Three or More 90 ft
without limitation to the nature or size of the office,
together with community facilities, restaurants and Lot Area Mobile Home Park 3 acres
compatible residential uses. Minimum:
B. Uses. Lot Within a 4200 sq. ft.
Mobile Home Park
1. Uses Permitted. Row Houses:
Unit 1 City-Wide Uses by Right
Development 10,000 sq.
Unit 5 Government Facilities ft.
Unit 8 Single-Family and Two-Family Individual Lot 2500
Dwellings sq. ft
Unit 12 Offices, Studios and Related Single Family 6000 sq. ft
Services
Two Family 6500 sq. ft
Unit 25 Professional Offices
Three or More 8000 sq. ft
2. Uses Permissible on Appeal to Fraternity or 1 acres
the Planning Commission. Sorority
Unit 2 City-Wide Uses by Conditional
Use Permit Land Area Mobile Home 3000 sq. ft.
Per Dwelling
Unit 3 Public Protection and Utility Unit:
Facilities
Row Houses
Unit 4 Cultural and Recreational &Apartments:
Facilities
Two or More 1200 sq. ft
Unit 9 Multi-Family Dwelling - Medium Bedrooms
Density 1000 sq. ft.
Unit 10 Multi-Family Dwelling - High One Bedroom
1000
Density sq. ft
Unit 13 Eating Places No Bedroom
Fraternity or 500 sq. ft.,
C. Bulk and Area Regulations. Sorority per
( Per Dwelling Unit for Residential Structures) resident
Lot Mobile Home Park 100 ft
Minimum
Width: D. Bulk and Area Regulations/ Setbacks.
Setback lines shall meet the following mimmum
Lot Within a 50 ft. requirements.
Mobile Home Park
H:I USERSICOAiR401VIDAIVN71REPOR7SIPC14-9-011mansfield.wpd
N ft
From Street ROW 30 ft
From Street ROW if Parking is 50 ft.
Allowed Between the ROW and the
Building
From Side Property Line 10 ft
From Side Property Line When 15 ft.
Contiguous to a R-1 , R-2 or R-3
District
From Back Property Line Without 25 ft.
Easement or Alley
From Center Line of Public Alley 10 ft.
E. Building Area. On any lot the area
occupied by all buildings shall not exceed 60% of the
total area of such lot.
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 from any boundary line of
any R-1, R-2, or R-3 District an additional distance
of one foot for each foot of height in excess of 20
feet.
(Code 1991, § 160.041 ; Code 1965, App. A, Art
5(x); Ord. No. 1747, 6-29-89; Ord. No. 2414, 2-7-78;
Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1 -80)
H:1 USERSICOAWOMDAWN7IRFPOR7SIPCI4-9-011 mansfield.wpd