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HomeMy WebLinkAboutOrdinance 4312 ; LLD FOR RECORD O114flY 8 PM 2 45 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