HomeMy WebLinkAboutOrdinance 4878 d
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Doc ID : 010122260003 7voe : REL
Record ed : 08/30/2006 at 11 : 03 : 00 AM
Fee Amt : $14 . 00 Pace 1 of 3
Washlncton county . AR
Bette Stemos Circuit Clerk
Flle2006-00026524
ORDINANCE NO. 4878
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 06-2026 FOR 11
NON-CONTIGUOUS PARCELS, LOCATED NORTH OF
LAFAYETTE STREET AND EAST OF MISSION
BOULEVARD, FROM RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE TO RMF-6, RESIDENTIAL
MULTI-FAMILY, 6 UNITS PER ACRE.
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 RMF-24, Residential Multi-Family, 24 units
per acre to RMF-6, Residential Multi-Family, 6
units per acre, as shown on Exhibit "A" and Exhibit
"B" 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 61h day of June, 2006. :• G F•• �'�?
:U • X71 ;
; FAYETiEVILLE ;
APPROVED: ATTEST: y;QkANgP`:Jc��
00000
By: By:
If*CC0613Y,�
Mayor SONDRA SMITH, City Clerk
i
EXHIBIT "A"
RZN 06-2026
. page I of 2
i
Parcel No. 765-08031-000 Legal Description Based on Warranty Deed: 2002-106737
A part of. Lot .Numbered Five in Block Numbered Eleven, Masonic Addition to the City of Fayetteville,
Arkansas, and more particularly described as follows: Commencing at the SE corner of said Lot Number
Five, and running thence north fifty feet, more or less, .to a point due east of the east line of Lafayette.Avenue
for a point of beginning, running thence north to the north line of said Lot Number Five, thence west seventy
five feet, thence south to a point directly east of the north line of Lafayette Avenue; thence east seventy five
feet to the point of beginning. . ,
r
Parcel No. 765-08033-000 Legal Description Based on Warranty Deed: 1294-489
Part of Lot Numbered Five (5) in Block Eleven ( 11 ) in Masonic Addition to the City . of Fayetteville,
Arkansas as the same is known and designated upon the plat of said addition recorded in Deed Record "V" at
Page 65 thereof in the office of the recorder of Washington County, Arkansas, and being more particularly
described as follows, to-wit: Beginning at a point sixty feet North of the original SW comer of Lot Number
5 which point is the Northeast comer of the intersection of Lafayette Avenue and Mission Street, said City of
Fayetteville, Washington County, Arkansas, and running thence North 50 feet for a beginning comer; thence
East 100 feet; thence North 50 feet; thence West 100 feet; thence South 50 feet to the beginning corner.
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Parcel No. 765-08034-000 Legal Description Based on Warranty Deed: 99-98244
A part of Lot 5, Block 11 , Masonic 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, being
more particularly described as follows: , Beginning at a point 60 feet North of the original SW corner of said
Lot 5 which point is the NE comer of the intersection of Lafayette and Mission Streets; thence East 100 feet
to the point of beginning; thence East 50 feet; thence Nortif 150 feet; thence West 50 feet; thence South 150
feet to the point of beginning, i
Parcel No. 765-08035-000 Legal Description Based~on Warranty Deed: ' 2001 - 111898
A part of Lot Five (5) in Block Eleven ( 11 ) in the Masonic Addition to the City of Fayetteville, Arkansas, as
the same is known and designated upon the plat of said addition recorded in Deed Record "V" at Page 65
thereof in the office of the recorder of Washington County, Arkansas, and being more particularly described
as follows, to-wit: Beginning at a point 60 feet North of the original Southwest comer of said Lot 5, which
point is the Northeast corner of the intersection of Lafayette Avenue . and Mission Street in said City of
Fayetteville, Arkansas, thence East 100 feet, thence North 50 feet, thence West 100 feet, thence South 50 feet
to the point of beginning. { y
Parcel No. 765-08037-000 . Legal Description�Based on Warranty Deed: 1234-613
A part of Lot Numbered Five (5) in Block Numbered Eleven ( 11) (Old Block 11 being now shown as Block
1 ) in the Masonic Addition to the City of Fayetteville, Arkansas, as the said is shown and designated upon
the plat of said addition recorded in Deed Record "V" at Page 65 thereof in the office of the recorder of
Washington County, Arkansas, and being more particularly described as follows, to-wit: Beginning at a
point sixty (60) feet North of the original Southwest comer of said Lot Five (5), which point is the Northeast
comer of the intersection of Lafayette Avenue and Mission Street in said City of Fayetteville, and running
thence North one hundred ( 100) feet to the beginning point of the lot to be herein conveyed; thence East one
hundred (100) feet; thence North fifty (50) feet; thence West one hundred ( 100) feet; thence South fifty (50)
feet to the point of beginning. a
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Washington County, AR
I certify this instrument was filed on
06/30/2006 11 :03:00 AM
and recorded in Real Estate
File Number 2006-00026524
Bette Stamps - Circuit Cr
by
a City of Fayetteville �$ 7g
Staff Review Form
City Council Agenda Items RzN�, o2oA6
or �GAICy WI �� IQ
Contracts
6-Jun-06
City Council Meeting Date
Tim Conklin /j � ' Long Range Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2026 (Lafayette and Mission, 485/486): Submitted by Nancy Williams for property located north of Lafayette Street
and east of Mission Boulevard. The property is zoned RMF-24, Residential Multi-Family, 24 units per acre and contains
approximately 1 I non-contiguous parcels. The request is to rezone the subject parcels to RMF-6, Residential Multi-Family, 6
units per acre.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a . n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Director Date Original Contract Date: n/a
Original Contract Number: n/a
Cityney
Received in 'tFCl 's Office
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Finance nd Internal Service Direc
Received in Mayor's Office
Aw
EIR ED
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Ma or Date
Comments:
City Council Meeting of June 06, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Leif Olson, Long Range Planner
Date: May 18, 2006
Subject: Rezoning for Lafayette and Mission (RZN 06-2026)
• RECOMMENDATION
Planning Staff recommends approval of an ordinance rezoning 11 non-contiguous parcels
of land from RMF-24, Residential Multi-family-24 units per acre, to RMF-6, Residential
Multi-family-6 units per acre.
BACKGROUND
The subject properties are located north of Lafayette St. and east of Mission Blvd. This
neighborhood was platted with small lots and is primarily single family in nature. The
rezoning target area is a pocket of Multi-family and Heavy Commercial and Light
Industrial zoning surrounded by RSF-4 zoning. The rezoning target area is comprised of
17 parcels zoned RMF-24 and 6 parcels zoned 1- 1 . All of the property owners requesting
the rezoning are currently zoned RMF-24. The applicant contacted all property owners
north of Lafayette St., east of Mission Blvd., south of Maple St. and along Tanglewood
Ave. A total of 11 non-contiguous parcels are requesting the rezoning and have signed
the petition. The neighborhood proposes this rezoning in order to ensure that any
potential future development will be compatible in land use, scale and mass within the
context of the existing neighborhood. Staff is not recommending rezoning any of the
parcels that objected to this request.
DISCUSSION
This item was heard at the regular Planning Commission on May 8, 2006. The Planning
Commission voted 9-0-0 to forward this item to the City Council with a recommendation
for approval.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-2026 FOR 11 NON-
CONTIGUOUS PARCELS, LOCATED NORTH
OF LAFAYETTE STREET AND EAST OF
MISSION BOULEVARD, FROM RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER
ACRE TO RMF-6, RESIDENTIAL MULTI-
FAMILY, 6 UNITS PER ACRE.
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 RMF-24, Residential Multi-Family, 24 units
per acre to RMF-6, Residential Multi-Family, 6
units per acre, as shown on Exhibit "A" and Exhibit
"B" 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 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2026
page 1 of 2
Parcel No. 765-08031-000 Ie%zal Description Based on Warranty Deed: 2002- 106737
A part of Lot Numbered Five in Block Numbered Eleven, Masonic Addition to the City of Fayetteville,
Arkansas, and more particularly described as follows: Commencing at the SE comer of said Lot Number
Five, and running thence north fifty feet, more or less, to a point due east of the east line of Lafayette Avenue
for a point of beginning, running thence north to the north line of said Lot Number Five, thence west seventy
five feet, thence south to a point directly east of the north line of Lafayette Avenue; thence east seventy five
feet to the point of beginning.
Parcel No. 765-08033-000 Legal Description Based on Warranty Deed: 1294489
Part of Lot Numbered Five (5) in Block Eleven (11) in Masonic Addition to the City of Fayetteville,
Arkansas as the same is known and designated upon the plat of said addition recorded in Deed Record "V" at
Page 65 thereof in the office of the recorder of Washington County, Arkansas, and being more particularly
described as follows, to-wit: Beginning at a point sixty feet North of the original SW corner of Lot Number
5 which point is the Northeast comer of the intersection of Lafayette Avenue and Mission Street, said City of
Fayetteville, Washington County, Arkansas, and running thence North 50 feet for a beginning corner; thence
East 100 feet; thence North 50 feet; thence West 100 feet; thence South 50 feet to the beginning comer.
Parcel No. 765-08034-000 Legal Description Based on Warranty Deed: 99-98244
A part of Lot 5, Block 11, Masonic 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, being
more particularly described as follows: Beginning at a point 60 feet North of the original SW comer of said
Lot 5 which point is the NE comer of the intersection of Lafayette and Mission Streets; thence East 100 feet
to the point of beginning; thence East 50 feet; thence North 150 feet; thence West 50 feet; thence South 150
feet to the point of beginning.
Parcel No. 765-08035-000 Legal Description Based on Warranty Deed: 2001 -111898
A part of Lot Five (5) in Block Eleven (11) in the Masonic Addition to the City of Fayetteville, Arkansas, as
the same is known and designated upon the plat of said addition recorded in Deed Record "V" at Page 65
thereof in the office of the recorder of Washington County, Arkansas, and being more particularly described
as follows, to-wit: Beginning at a point 60 feet North of the original Southwest comer of said Lot 5, which
point is the Northeast corner of the intersection of Lafayette Avenue and Mission Street in said City of
Fayetteville, Arkansas, thence East 100 feet, thence North 50 feet, thence West 100 feet, thence South 50 feet
to the point of beginning.
Parcel No. 765-08037-000 Legal Description Based on Warranty Deed: 1234-613
A part of Lot Numbered Five (5) in Block Numbered Eleven (11) (Old Block 11 being now shown as Block
1) in the Masonic Addition to the City of Fayetteville; Arkansas, as the said is shown and designated upon
the plat of said addition recorded in Deed Record "V" at Page 65 thereof in the office of the recorder of
Washington County, Arkansas, and being more particularly described as follows, to-wit: Beginning at a
point sixty (60) feet North of the original Southwest corner of said Lot Five (5), which point .is the Northeast
corner of the intersection of Lafayette Avenue and Mission Street in said City of Fayetteville; and running
thence North one hundred (100) feet to the beginning point of the lot to be herein conveyed, thence East one
hundred (100) feet; thence North fifty (50) feet; thence West one hundred ( 100) feet; thence South fifty (50)
feet to the point of beginning.
EXHIBIT "A"
RZN 06-2026
page 2 of 2
Parcel No. 765-14381-000 Legal Description Based on Warranty Deed: 1235-311
Part of the Northwest Quarter (NW'/4) of the Northwest Quarter (NW'/4) of the Northeast Quarter (NE'/4) of
Section 15, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, ,
Arkansas, and being more particularly described as follows, to-wit: Beginning at a point 283 feet South of
the Northwest Corner of said 10 acre tract and running thence East 95 feet, thence South 200 feet, thence
West 95 feet, thence North 200 feet to the point of beginning, and containing .44 acre, more or less and
subject to any portion that may lie in Lafayette Street on the south side.
Parcel No. 765-14380-000 Legal Description Based on Warranty Deed: 98-103301
A part of the NW'/4 of the NW%4 of the NE'/4 of Section 15, Township 16 North, Range 30 West, Washington
County, Arkansas, more particularly described as follows; Beginning at a point which is 283.00 feet South
and N89°43 'E, 95.00 feet from the NW comer of said 10 acre tract, and running thence N89°43'31"E, 62.00
feet, thence South 200.00 feet, thence S89°43 '31"W, 62.00 feet, thence North 200.00 feet to the point of
beginning, containing 0.28 acres, more or less.
Parcel No. 765-14380-001 Legal Description Based on Warranty Deed: 2001-81638
A part of the Northwest Quarter (NW'/4) of the Northwest Quarter (NW'/4) of the Northeast Quarter (NE%4) of
Section 15, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly
described as follows, to-wit: Beginning at a point 283.00 feet South and N89°43'31"E, 157.00 feet from the
NW corner of said 10 acre tract, and running thence N89°43'31"E, 62.00 feet, thence South 200.00 feet,
thence S89'43'3 1'5W, 62.00 feet, thence North 200.00 feet to the point of beginning.
Parcel No. 765-14377-000 Legal Description Based on Warranty Deed: 2002-56008
A part of the Northwest Quarter (NW'/4) of the Northwest Quarter (N W'/4) of the Northeast Quarter (NE'/4) of
Section 15, Township 16 North, Range 30 West, Washington County, Arkansas, and being more particularly
described as follows, to-wit: Beginning at a point 283.00 feet South and N89°43 '31 "E, 219 feet from the
NW corner of said 10 acre tract, and running thence N89°43 '31"E, 62.00 feet, thence South 200.00 feet,
thence S89°43'31"W, 62.00 feet, thence North 200.00 feet to the point of beginning.
Parcel No. 76544375-000 mal Description Based on Warranty Deed: 2004-23990
A part of the Northwest Quarter (NW'/4) of the Northwest Quarter (NW'/4) of the Northeast Quarter (NE%4) of
Section Fifteen (15), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas,
and being more particularly described as follows, to-wit: Beginning at a point 340.00 feet South and 281 .00
East of the Northwest comer of said 10 acre tract; running thence North 89°43 '31 " East 69.00 feet, thence
South 143 .00 feet, thence South '89°43'31" West 69.00 feet, thence North 143.00 feet to the point of
beginning.
Parcel No. 765-14385-000 Legal Description Based on Warranty Deed: 1151-105
A part of the Northwest Quarter (NW'/4) of the Northeast Quarter (NE'/4), Section Fifteen (15), Township
Sixteen (16) North, Range Thirty (3 0) West, described as beginning at a point North 89 degrees 45 minutes
01 seconds East 350.0 feet and South 00 degrees 09 minutes 51 seconds East 300 feet from the Northwest
` corner of said 40 acre tract, said point being on the East right, of way of Tangle Wood Avenue, thence North
89 degrees 45 minutes 01 seconds Last' 169.52 feet; thence North 00 degrees 09 minutes 51 seconds West
74.00 feet to a fence, thence North 89 degrees 45 minutes 01 seconds East 139.00 feet; thence South 00
degrees 09 minutes 51 seconds West 437.76 feet; thence South 89 degrees 28 minutes 43 seconds West
308.52 feet; thence North 00 degrees 09 minutes 51 seconds West 365.22 feet to the point of beginning,
containing 2.82 acres, more or less, Fayetteville, Arkansas.
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e 'V le PC Meeting of May 8 , 2006
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 w. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Leif Olson, Long Range Planner
THRU: Jeremy Pate, Director of Current Planning
Tim Conklin, Planning and Development Management Director
DATE: May 3, 2006
RZN 06-2026: (LAFAYETTE AND MISSION, 485/486): Submitted by NANCY
WILLIAMS for property owners in the designated area located NORTH OF LAFAYETTE ST
AND EAST OF MISSION BLVD. The property is zoned RMF-24, MULTI FAMILY - 24
UNITS/ACRE. The request is to rezone the property to RMF-6, RESIDENTIAL MULTI
FAMILY- 6 UNITS / ACRE.
Submitted on behalf of: NANCY WILLIAMS Planner: LEIF OLSON
RECOMMENDATION:
Staff recommends approval of•the requested rezoning based on the findings included as
part of this report.
PLANNING .COMMISSION$ACT10N:r Rcgu�ied ' YFS `'�
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ACTION ; ' Required YES
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Date 'June 6: 2006 ;r K y
Comments :
BACKGROUND:
Property description: The subject properties are located north of Lafayette St. and east of
Mission Blvd. This neighborhood was platted with small lots and is primarily single family in
nature. The rezoning target area is a pocket of Multi-family and Heavy Commercial and Light
K:\Reports\2006\PC Reports\05-08-06\ ZN 06-2026 (Layfayette and Mission Downzone RMF-24 to RMF-6).doc
1
Industrial Zoning surrounded by RSF4 Zoning. The rezoning target area is comprised of 17
parcels zoned RMF-24 and 6 parcels zoned I- 1 . All of the property owners requesting the
rezoning are currently zoned RMF-24. The applicant contacted all property owners north of
Lafayette St., east of Mission Blvd., south of Maple St_ and along Tanglewood Ave. A total of 11
non-contiguous parcels are requesting the rezoning and have signed the petition. Staff is not
recommending rezoning any of the parcels that objected to this request.
Proposal: The neighborhood proposes this rezoning in order to ensure that any potential future
development will be compatible in land use, scale and mass within the context of the existing
neighborhood. The applicants request a rezoning of the subject property from RMF-24;
Residential Multi Family Residential 24 Units / Acre, to RMF-6, Residential Multi Family — 6
units per acre.
Recommendation: Staff recommends approval of the rezoning request based on findings stated
herein. Any potential future development of these properties will be compatible with the
residential developments surrounding the property.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Warehousing and Storage I- 1 , Heavy Commercial and Light
Industrial
South Single Family Residential RSF-4, Res. Single-family, 4 units/ acre
East Single Family Residential RSF-4, Res. Single-family, 4 units/ acre
West Single Family Residential RS174, Res. Single-family, 4 units/ acre
INFRASTRUCTURE:
Streets: Currently the properties are accessed by a number of City Streets including;
Lafayette St., Mission Blvd., Maple St.., Tanglewood Ave., and Dogwood Ln.
No street improvements are required for this rezoning request.
Water: Public water is available to the properties located in this rezoning application.
Sewer: Sanitary sewer is available to these properties. Any future development would
require that sewer infrastructure be installed to service such development.
LAND USE PLAN : The Future Land Use Plan designates this area residential. Rezoning this
property to RMF-6 is consistent with the land use plan such that it will allow residential uses
compatible with the surrounding properties.
FINDINGS OF THE STAFF
I . 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.
K:\Rcports\2006\PC Reports\05-08-061RZN 06-2026 (Layfayette and Mission Downzone RMF-24 to RMP-6).doc
Finding: The proposed rezoning is consistent with land use planning objectives and
policies and is compatible with zoning and use of adjacent properties.
Surrounding properties are residential in nature.
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 order to promote orderly and consistent
development patterns making use of existing infrastructure. It will provide
the potential for the development of comparable uses in close proximity to
the existing single family residences.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Access to these properties is provided by numerous City streets and any
future development will not appreciably increase the traffic danger and
congestion on these streets.
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 decrease the potential for significant population
density increases allowed in the RMF-24 zoning district.
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
K:\Reports\20061PC Reports\05-08-06\RZN 06-2026 (Layfayette and Mission Dowazone RMF-24 to RMF-6).doc