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
0 •
Rezoning Application
Parcel # 765-10345-000
a. Current Ownership & Proposed or Pending Property Sales
The property is currently owned by Anderson Heating & Air, Inc. and is under contract
for sale to Mansfield Property Management, LLC ("MPM").
b. Reason for Requesting the Zoning Change
Mansfield Property Management, LLC intends to renovate each of the existing structures
on the parcel and use the property at 932 N. Garland Avenue as a property management
office. The structure at 1003 Hughes Street will remain as a residential rental property for
the time being, however, as MPM's business grows this property may be converted to an
office use. In order to comply with the current zoning laws for these uses a rezoning is
required from R-3 to R/O'."' .
c. Statement of how the property will relate to the surrounding properties in terms of land
use. traffic, appearance and sipnage.
The improvements on the property are existing residential structures that relate well to
the surrounding properties. To the south and east is a residential neighborhood comprised
mostly of single family homes and small multifamily properties. All of these properties
are zoned R-3. To the north of the subject is a commercial retail strip center and office
property and to the northwest is a commercial retail strip center under construction. To
the west and southwest, across Garland, is an undeveloped parcel zoned R/O. Therefore,
this parcel if rezoned R/O will act as a buffer between more intensive commercial uses to
the north and west and residential uses to the south and east. With regard to traffic issues,
the intended use will not cause significant increases in traffic near or around the site.
With regard to appearance, MPM intends to renovate the interior and exterior of both
structures, which have been neglected and are an eyesore on the neighborhood. The
exterior facades will remain generally as is structurally, to maintain their residential look.
MPM intends to install an attractive monument sign in accordance with current sign
ordinances in an R/O district.
d. Describe availability of water and sewer.
Both water and sewer lines exist at the property. The water line is 1 '/2 inches and the
sewer line is 8 inches.
Landuse
Community Commercial
,j Historic Commercial
Industrial
Mixed Use
Neighborhood Commercial
"" Office
≥00606
Parks
Private Open Space
Regional Commercial
Residential
Master Street Plan
Freeway/Expressway
N Principal Arterial
Minor Arterial
'Collector
Historical Collector
200 0 200
400 Feet
University
RZ01-71Vlansfield Grose Up
N I I
C-1 H L2 I
- - --
` � WEDINGTnN ��„��.. !
R-1
Master Street Plan
Freeway/Expressway
Principal Arterial
Minor Arterial
Collector
r / Historical Collector
Structures (1998)
I I
I-----�--R-3
_ I ! I
!_ I LI
90 0 90 180 Feet
in I I
R-3 H----
I
o ii
Planning Commission
April 9, 2001
Page 100
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.
Estes: The next item on our agenda is item number ten, rezoning request 01-7.00 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. Staff recommends approval of the requested zoning based on
the findings that are included in your packet. Is the applicant present? Do you have
any presentation for us?
Mansfield: My name is Steve Mansfield, I live at 2665 Deer Path Drive here in Fayetteville. The
purpose of the rezoning request is, our intent is to renovate these two older structures
on the property and use the one on Garland to be a property management office,
basically a residential real estate type office and renovate the one on Hughes Street, at
least for the time being keep it as a rental home. I would be happy to answer any
questions that you have.
PUBLIC COMMENT:
Estes: Commissioners, are there any questions? is there any member of the audience that
would like to provide comment on this rezoning request 01-7.00?
DISCUSSION:
Estes: Seeing none, I will close the floor to public comment and bring the matter back to the
Commission for discussion, motions.
MOTION:
Marr: Based on, I
believe in this
area, that
this zoning would
be needed at the time and it is in
compliance
with the 2020
Plan, I'll
move for approval
of RZ 01-7.00.
Hoffman: Second.
Estes: There is a motion by Commissioner Man and second by Commissioner Hoffman. Is
there any discussion regarding the motion? Sheri, would you call the roll please?
C
Planning Commission
April 9, 2001
Page 101
ROLL CALL:
Upon roll call RZ 01-7.00 is approved by a unanimous vote of 9-0-0.
i
CI
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of May 1, 2001.
FROM:
Tim Conklin Planning Public Works
Name Division Department
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-0, Residential Office.
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:
Accounting Mana er Dat ADA Coordinator Date
Lu7�f G/ el
ty Att rney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission
unanimously voted 9-0-0 to recommend and forward the rezoning to the City
Council.
Cross Reference
D' si n HeatDate
9/1
D'rec for New Item: Yes No
A tr tiv ervices a Prev Ord/Res#:
e o
Mayor Date Orig Contract Date:
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning
From: Heather Woodruff, City Clerk
Date: May 4, 2001
Attached is a copy of the ordinance approving rezoning request RZ 01-7.00. The original will be
microfilmed and filed with the City Clerk.
cc: John Goddard, Info. Tech.
Scott Caldwell, Info. Tech.
Ed Connell, Engineering
;�I C 1 al ti, r �1 is �.� ( i)►
'll�bR`HINESTYA`F# ;`NSA"SDI7�'OIVr
AFFIDAVIT OF. PUBLICATION
1, Ak , do solemnly
swear that I am Legal Clerk of the Arkansas
Democrat -Gazette
Newspaper,
printed and published
at Lowell,
Arkansas and that
from my own
personal knowledge
and
reference to the files of said publication the advertisement of
h� �o 43/2
Was inserted in the regular editions on
Publication Charge / L ___
Purchase Order #
Subscribed ; id sworn to before me this
day of_ iJIei1- ,2001.
Notary Public
My commission expires K/Au �®
OFFICIAL SEAL
• .:._.CAROLYN COAKLEY
• , ox T P I wci uc, Faycucvillc, Arkansas 72701, (501)571-6467