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Home My WebLink AboutOrdinance 5331 IIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIII i Doc ID: ' '013551360003 Type: REL Kind: ORDINANCE Recorded: 07/27/2010 at 04:20:43 PM Fee Amt: $25.00 Pace 1 of 3 Washinaton Countv. AR Bette Stamps Circuit Clerk File2010-00021163 ORDINANCE NO. 5331 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3566, FOR APPROXIMATELY 0.84 ACRES, LOCATED AT 932 GARLAND AVENUE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, TO CS, COMMUNITY SERVICES 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-PZD, Residential Planned Zoning District to CS, Community Services, as shown on Exhibits "A" and "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 6ffi day of July, 2010. APPROVED: ATTEST: By: v By: &W,&, —A� ELD JO N,Mayor SONDRA E. SMITH, City C erwTreasurer "'111111111f RYlTR e ;FAYETTEVILLE° "%9y KANSP�J=�� EXHIBIT " A " RZN10-3566 932 GARLAND Close Up View R4 s11 VRM41� a.. �, r rr�1 7 # 7r L co, R-0 HOLLY ST aFs JAMESST 10` m a v�x .AtNYA. W '��yy'"'O Iii • z c, >[ S'ST - 10 Am 10 at �y'Ji.GY Clio *R-0 \ III ST _ r zl HUGHES ST J _ RP20 • ' PROPOSED COMMUNITY SERVICES Ifta • EAGLE ST �• , • wr w s UI _ J YEMW WNWW 0 W > LL t�a 63r 8 d' J Q PUBLIC sal Po Y firy ' TAYLOR ST Overview 0 75 150 300 450 600 Feel EXHIBIT "B" RZN 10-3566 SURVEY DESCRIPTION 932 N. GARLAND AVENUES A PART OF LOTS NUMBERED ELEVEN (11), AND TWELVE (12), ALL IN BLOCK NUMBERED FIVE (5) OF ROSE HILL ADDITION, AN 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, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT ELEVEN (11), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N86045'34"E 63.71 FEET ALONG THE SOUTH LINE OF SAID LOT ELEVEN (11) TO THE TRUE POINT OF BEGINNING; THENCE N86°45'34"W 61.32 FEET ALONG THE SOUTH LINE OF SAID LOT ELEVEN (11) TO AN EXISTING 1/2" IRON REBAR ON THE EAST RIGHT- OF-WAY LINE OF ARKANSAS HIGHWAY #112 (GARLAND AVENUE) AS RELOCATED BY THE ARKANSAS HIGHWAY COMMISSION; THENCE N12°43'57"E 101.05 FEET TO AN EXISTING IRON REBAR ON THE NORTH LINE OF SAID LOT TWELVE (12); THENCE LEAVING SAID RIGHT-OF-WAY LINE S86043'23"E 44.72 FEET ALONG THE NORTH LINE OF SAID LOT TWELVE (12) TO A POINT; THENCE S03°16'37"W 99.64 FEET TO THE POINT OF BEGINNING. SURVEY DESCRIPTION HUGHES STREET A PART OF LOTS NUMBERED ELEVEN (11), AND TWELVE (12), ALL IN BLOCK NUMBERED FIVE (5) OF ROSE HILL ADDITION, AN 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, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT ELEVEN (11), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N86045'34"E 63.71 FEET ALONG THE SOUTH LINE OF SAID LOT ELEVEN (11) TO A POINT; THENCE NO3°16'37"E 99.64 FEET TO A POINT ON THE NORTH LINE OF SAID LOT TWELVE (12); THENCE S86°43'23"E 62.36 FEET TO AN EXISTING IRON AT THE NORTHEAST CORNER OF SAID LOT TWELVE (12); THENCE S02°30'00"W 99.61 FEET TO THE POINT OF BEGINNING. SURVEY DESCRIPTION REMAINDER A PART OF LOTS NUMBERED SEVEN (7), EIGHT (8), NINE (9), TEN (10) ALL IN BLOCK NUMBERED FIVE (5) OF ROSE HILL ADDITION, AN 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, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT SEVEN (7), SAID POINT BEING AND EXISTING IRON REBAR; THENCE N86°50'55"W 109.61 FEET ALONG THE SOUTH LINE OF SAID 1,07' SEVEN (70) TO AN EXISTING 1/2" IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF ARKANSAS HIGHWAY #112 (GARLAND AVENUE) AS RELOCATED BY THE ARKANSAS HIGHWAY COMMISSION; THENCE N44°02'02"W ALONG SAID RIGHT-OF-WAY LINE 26.93 FEET TO AN EXISTING 1/2" IRON REBAR; THENCE NO3°48'11"E ALONG SAID RIGHT-OF- WAY LINE 181.10 FEET TO AN EXISTING IRON REBAR; THENCE LEAVING SAID RIGHT-OF- WAY LINE S86045'34"E 125.03 FEET TO AN EXISTING IRON REBAR AT THE NORTHEAST CORNER OF SAID LOT TEN (10); THENCE S02°30'00"W 199.21 FEET TO THE POINT OF BEGINNING. Washington County,AR I certify this instrument was filed on 07/27/2010 04:20:43 PM and recorded in Real Estate File Number 2010-0002116 Bette Stamps-Circuit Cle City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/15/2010 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 10-3566: (932 Garland, 444): Submitted by Kelly Ellis for property located at 932 Garland Avenue. The property is zoned R-PZD, Residential Planned Zoning District 06-2256 (932 Garland), and contains approximately 0.84 acres. The request is to rezone the subject property to R-O, Residential Office and RMF-40, Residential Multi-Family, 40 units per acre. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ,(J rp5x�,-Mjj Previous Ordinance or Resolution# Departent ector Date Original Contract Date: Original Contract Number: City Attor Date (:� ,&J,_ 5 . Ll -Loto Finance and Internal Services Director Date Received in City ENTERED / ,Ql Clerk's Office 11 io CU( ief of—step Date EPdJEREq r Received in Mayor's Office M or Date Comments: �..__�� JJ Revised January 15, 2009 .rte aft `,& &tm& R,rrlf rte" -/� �D—�S�/O M jjj'''ppp ggqa �/ THE CITY OF FAYETTEVILLE,ARKANSAS a v/cc �! DEPARTWN'r CORRESPONDENCE wly�A' AI�Y.ANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council �p Thru: Jeremy Pate, Development Services Director 0` From: Andrew Garner, Senior Planner Date: May 26, 2010 Subject: RZN 10-3566 (932 North Garland) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property from R-PZI:) 06-2256 (932 Garland) to R-0, Residential Office and RMF-40, Residential Multi-Family 40 Units Per Acre. BACKGROUND The subject property is located on the east side of Garland Avenue, between Berry and Hughes Street. The property contains several parcels totaling approximately 0.84 acres that is currently developed with an office and single family homes. The property is bounded by FIughes Street to the north, Berry Street to the south, Garland Avenue to the west, and a 20-foot public alley to the east. The property was previously zoned R-O, Residential Office and RMF-40, Residential Multi-Family 40 Units per Acre. On December 5, 2006 the City Council approved a request to rezone the property to its current zoning, R-PZD 06-2256 (932 Garland). The PZD zoning district allowed 37 dwelling units and 22,854 square feet of non-residential use. The R-PZD was never developed and the approval expired one year from its original approval. With the expiration of the R-PZD, development or subdivision of the property is not permitted unless the R-PZD is revoked and/or the zoning is changed. The applicant requests to return the property to the zoning that was in place prior to the R-PZD. DISCUSSION This item was heard at the regular Planning Commission meeting on May 24, 2010. The Planning Commission voted 7-0-0 to forward this rezoning request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3566, FOR APPROXIMATELY 0.84 ACRES, LOCATED AT 932 GARLAND AVENUE FROM R-PZD, RESIDENTIAL PLANNED ZONING DIS"IRICT 06-2256 (932 GARLAND), TO R-O, RESIDENTIAL OFFICE AND RMF-40, RESIDENTIAL MULTI-FAMILY, 40 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 R-PZD, Residential Planned Zoning District 06- 2256 (932 Garland) to R-O, Residential Office and RMF- 40, Residential Multi-Family, 40 units per acre, as shown on Exhibits "A" and "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 I above. PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By: _ By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer SN� 5 ta� L� C STT}+• Y� Y�.�I� ��F�j` � 4: � �{t5?4'1 3 S� . .� s��wk f� +F{�i•�y� Ji�c�a w� F£' tST�3 kP ...n. �/�'��a t:t P�'Y'�.N Y LC'� 2 l• 'S -� rely{ ':M c ? Ny .:i`' � �'� ��-,.,c��vzl��_ e' �r � ✓ fa � ks lr e f�"i: �i�r "-. r r r fr EXHIBIT "13" RZN 10-3566 TO BE REZONED R-O,RESIDENTIAL OFFICE: SURVEY DESCRIPTION 932 N. GARLAND AVENUES A PART OF LOTS NUMBERED ELEVEN (11), AND TWELVE(12), ALL IN BLOCK NUMBERED FIVE(5)OF ROSE HILL ADDITION, AN 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, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT ELEVEN (11), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N86045'34"E 63.71 FEET ALONG THE SOUTH LINE OF SAID LOT ELEVEN (11)TO THE TRUE POINT OF BEGINNING; THENCE N86°45'34"W 61.32 FEET ALONG THE SOUTH LINE OF SAID LOT ELEVEN (11)TO AN EXISTING 1/2" IRON REBAR ON THE EAST RIGHT- OF-WAY LINE OF ARKANSAS HIGHWAY #112 (GARLAND AVENUE) AS RELOCATED BY THE ARKANSAS HIGHWAY COMMISSION; THENCE N 12°43'57"E 101.05 FEET TO AN EXISTING IRON REBAR ON THE NORTH LINE OF SAID LOT TWELVE(12);THENCE LEAVING SAID RIGHT-OF-WAY LINE S86043'23"E 44.72 FEET ALONG THE NORTH LINE OF SAID LOT TWELVE (12)TO A POINT; THENCE SO')'I 99.64 FEET TO THE POINT OF BEGINNING. TO BE REZONED RMF-40,RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE: SURVEY DESCRIPTION HUGHES STREET A PART OF LOTS NUMBERED ELEVEN (11), AND TWELVE(12), ALL IN BLOCK NUMBERED FIVE (5) OF ROSE HILL,ADDITION, AN 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, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT ELEVEN (11), SAID POINT BEING AN EXISTING IRON REBAR; 'THENCE N86045'34"E 63.71 FEET ALONG THE SOUTH LINE OF SAID LOT ELEVEN (11) TO A POINT`, THENCE NO3'16'37"E 99.64 FEET TO A POINT ON THE NORTH LINE OF SAID LOT TWELVE(12); THENCE S86°43'23"E 62.36 FEET TO AN EXISTING IRON AT THE NORTHEAST- CORNER OF SAID LOT TWELVE(12); THENCE S02°30'00"W 99.61 FEET TO THE POINT OF BEGINNING. Rc SURVEY DESCRIPTION REMAINDER A PART OF LOTS NUMBERED SEVEN (7), EIGHT(8), NINE (9), TEN (10) ALL IN BLOCK NUMBERED FIVE (5) OF ROSE HILL ADDITION, AN ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE Of- 'FI 11.1' FTHE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT SEVEN (7), SAID POINT BEING AND EXISTING IRON REBAR_THENCE N86°50'55"W 109.61 FEET ALONG THE SOUTH LINE OF SAID LOT SEVEN (70)TO AN EXISTING 1/2" IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF ARKANSAS HIGI IWAY #1 12 (GARLAND AVENUE) AS RELOCATED BY TI IE ARKANSAS HIGHWAY COMMISSION; THENCE N44°02'02"W ALONG SAID RIGHT-OF-WAY LINE 26.93 FEET TO AN EXISTING 1/2" IRON REBAR; TI IENCE,NO3°48'I I"E ALONG SAID RIGHT-OF- WAY LINE 18 1.10 FEET TO AN EXISTING IRON REBAR; TFIENCE LEAVING SAID RIGHT-OF- WAY LINE S86045'34"E 125.03 FEET TO AN EXISTING IRON REBAR AT THE NORTHEAST CORNER OF SAID LOT TEN (10);THENCE S02°30'00"W 199.21 FEE`F TG THE POINT OE BEGINNING. Taye PC Meeting of May 24, 2010 r,n1<nnzn<. I III: CITY OF FAY 13" l_FVI1.I.F. ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE releplime:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: M^ 0 Updated May 26 2010 RZN 10-3566: (932 GARLAND/JORDAN HOLDINGS,444): Submitted by KELLY ELLIS for property located at 932 GARLAND AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 932 GARLAND, and contains approximately 0.84 acres. The request is to rezone the subject property from R-PZD, Residential-Planned Zoning District to R-O, Residential Office and RMF-40, Residential Multi-Family, 40 Units per Acre. Plainer:Andrew Garner BACKGROUND: Property description and background. The subject property is located at 932 Garland Avenue. between Berry and Hughes Street. The property contains several parcels totaling approximately 0.84 acres that is currently developed with an office and single family homes.The property is bounded by Hughes Street to the north, Berry Street to the south, Garland Avenue to the west, and a 20-foot public alley to the east. The property was previously zoned R-O, Residential Office and RMF-40, Residential Multi-Family 40 Units per Acre. On December 5, 2006 the City Council approved a request to rezone the property to its current zoning,R-PZD 06-2256(932 Garland).The PZD zoning district allowed 37 dwelling units and 22,854 square feet of non-residential use. The R-PZD was never developed and the approval expired one year from its original approval. With the expiration of the R-PZD,development or subdivision of the property is not permitted unless the R-PZD is revoked and/or the zoning is changed. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Commercial strip center C-2 South Residential RMF-40 East Residential RMF-40 West Undeveloped R-O Proposal: The applicant proposes to repeal the R-PZD zoning and revert back to the zoning that was in place prior to the R-PZD, R-O and RMF-40. The R-O portion of the site would contain only the building at 932 Garland that is currently being used as an office, and the remainder of the property G IETCVJevelopment Services Revieiv120101DevelopmentRevieiv170-3566 RZN 932 Garland dve.Jordan Pi opetties103-Plarorittg Comniissiou105-24-101Comurenis mvd Redlines would be zoned RMF-40. The process of revolting a PZD as an enforcement action is an option for this property. However, the applicant has submitted a request to rezone the property back to the original zoning. This action would enable the applicant to utilize and develop the property under the standards in place today. INFRASTRUCTURE: Streets: The site has access to Garland Avenue, Hughes Street, and Berry Street. Garland Avenue is a four lane state highway in this location. Hughes Street is an unimproved two lane paved city street in this location. Berry Street is an improved two lane paved city street in this location. Street improvements will be evaluated with development. Water: Water is available to the property. There is a 12"public main located across Garland Avenue and a 2"main located on Berry Street. Public water main improvements may need to be constructed to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is an 8" public main located along the west side of this property. The existing sanitary sewer may need to be analyzed to ensure that it has adequate capacity to serve a future development on this lot. Public mains may need to be extended through this property to serve any proposed development. Fire: The subject property is located approximately a '/4 mile from Fire Station #2. Response time to the property is approximately 1.5 minutes. There should be no adverse effects on call volume. Police: At the time of publication of this report not objections to this rezoning were provided by the Police Department. RECOMMENDATION: Staff recommends approval of the requested rezoning to R-O,Residential Office and RMF-40, Residential Multi-Family 40 Units per Acre based on the findings included as part of this report. G IE7Y'IDevelopurenl Services Revieud20101Develapnienl Revieivll0-3566 RZN 932 Garland Ave-Jordan P,opet lies103-Planning Connnission105-24-101Comnvenis and Redlines