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Home My WebLink AboutOrdinance 5441 Doc ID: 014260000004 Type: REL Kind: ORDINANCE Recorded: 10/18/2011 at 01:36:51 PM Fee Amt: $30.00 Pace 1 of 4 Washington Countv. AR Bette Stamos Circuit Clerk File2011-00029223 ORDINANCE NO. 5441 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3901, FOR APPROXIMATELY 16.24 ACRES, LOCATED AT 811 AND 833 SOUTH BEECHWOOD AVENUE FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND I-2, GENERAL INDUSTRIAL, TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas herby changes the zone classification of the following described property from I-1, Heavy Commercial and Light Industrial and I-2, General Industrial to CS, Community Services, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amended the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 20th day of September, 2011. APPROVED:: ATTEST: O ELD J , ayor SO RA E. SMITH, City Clerk/Treasurer 0 •• SGS. G�ZY O;c•.� c ;FAYETTEVILLE; 3 6�isy•`...e• Q `�� EXHIBIT "A" RZN11-3901 LOVE BOX Close Up Wow � iwvaa a MRCHELL ST 0807 0 SUWECT PROPERTY IKAYWOODLN R.p OLD FARMINGTON Rom c PZD / FARMINOTOO`l / ........... ............ _ OFFICE DR 0 i STORAGE DR •} 6 41 i .......•• •.• WAREHOUSE OR FARNELL DR a C flP7P p II � W La: end .t •-- Multi-Use Trail(E7Asting) ......'e Future Trails Faye*llle City Limits PRIVATE 1149 LaUUPZN11.3901 f Footprints 2010 - Hillside-Hilltop Ovi May District Design Overlay Di tricl Design Overlay Di strict ------ Planning Area 0 zs 250 so9 750 ta000` EXHIBIT "B" RZN 11-3901 SURVEY DESCRIPTION A PART OF THE SOUTHEAST QUARTER(SEI/4)OF THE SOUTHWEST QUARTER(SWI/4)OF SECTION SEVENTEEN(17)AND A PART OF THE NORTHEAST QUARTER(NEI/4)OF THE NORTHWEST QUARTER(NW 1/4)OF SECTION TWENTY (20),ALL IN TOWNSHIP SIXTEEN(16)NORTH,RANGE THIRTY(30) WEST,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER(NEI/4)OF THE NORTHWEST QUARTER(NW I/4)OF SAID SECTION TWENTY(20), SAID POINT BEING AN EXISTING COTTON SPINDLE IN THE CENTER OF BEECHWOOD AVENUE;THENCE N 88°53'00"W 25.00 FEET TO AN EXISTING IRON REBAR ON THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE; THENCE N 00°23'31"E 450.00 FEET ALONG SAID RIGHT-OF- WAY LINE TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE,N 88°51'44"W 811.28 FEET TO AN EXISTING IRON REBAR; THENCE N00°25'12"E 696.34 FEET TO AN EXISTING IRON REBAR;THENCE N 75'55'09"E 319.55 FEET ALONG THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN LAND RECORD 92-12961 AND SHOWN ON A SURVEY FILED IN SURVEY DRAWER 3 AT PAGE 89 OF THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS,TO AN EXISTING COTTON SPINDLE;THENCE N 13°40'34"w 192.61 FEET ALONG THE EAST LINE OF THE ABOVE MENTIONED TRACT AND SURVEY TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY#62;THENCE ALONG SAID RIGHT-OF-WAY,THE FOLLOWING BEARINGS AND DISTANCES: S 69°55'03"E 31.93 FEET TO AN EXISTING IRON REBAR; N 59040'33"E 36.80 FEET TOA SET'/2"IRON REBAR; N 87001'33"E 349.20 FEET TO AN EXISTING IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE, S 00°23/31"w 127.21 FFET TO AN EXISING IRON REBAR ON THE SOUTH LINE OF THE SOUTHEAST QUARTER(SEI/4) OF THE SOUTHWEST QURTER(SW 1/4)OF SAID SECTION SEVENTEEN(17), SAID POINT BEING AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 721 AT PAGE 499 IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS;THENCE S 88°45'43"E 113.00 FEET ALONG THE SOUTH LINE OF THE ABOVE MENTIONED TRACT TO AN EXISTING IRON REBAR ON THE WEST RIGHT- OF-WAY LINE OF BEECHWOOD AVENUE, SAID POINT BEING N 88°45'43"w 50.00 FEET FROM THE SOUTHEAST CORENR OF THE SOUTHEAST QUARTER(SEI/4)OF THE SOUTHWEST QURTER(SWI/4)OF SAID SECTION SEVENTEEN(17);THENCE S00°23'31"w ALONG SAID RIGHT-OF-WAY LINE 142.41 FEET TO AN EXISTING IRON REBAR ON THE NORTH RIGHT-OF-WAY LINE OF THE ST.LOUIS AND SAN FRANCISCO RAILROAD;THENCE S 14000'10"F ALONG THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE 100.55 FEET TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE S 00°23'31"w 633.55 FEET TO THE POINT OF BEGINNING, CONTAINING 16.24 ACRES MORE OR LESS, FAYETTEVILLE,WASHINGTON COUNTY,ARKANSAS, ALSO BEING KNOWN AS A PART OF LOT TWELVE(12),LEWIS SUBDIVISION(BERT LEWIS SUBDIVISION)AND A PART OF BLOCKS FOUR(4),ONE(1),AND SEVEN(7)OF THE REPLAT OF WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS. THE ABOVE DESCRIBED 16.24 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAY CONTAINED IN THE FOLLOWING DEEDS OF RECORD: LAND DOCUMENT 2007-00019713 LAND DOCUMENT 2009-00015165 LAND DOCUMENT 2011-00009901 NOTE: NO BUILDINGS EXISTING ON THE SURVEYED PROPERTY. Washington County, AR I certify this instrument was filed on 10/18/2011 01:38:51 PM and recorded in Real Estate File Number 2011-00029223 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/20/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 11-3901: (811 & 833 S. Beechwood Ave./Love Box, 559): Submitted by Jorgensen &Associates for property located at 811 & 833 South Beechwood Avenue. The property is zoned 1-1, Heavy Commercial and Light Industrial and 1-2, General Industrial and contains approximately 16.24 acres. The request is to rezone the subject property to CS, Community Services. 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 01.41.1411 Previous Ordinance or Resolution# Department Director Date Original Contract Date: Original Contract Number: City ttorne ^ Date Rl,� Q � 9 -1.2011 Finance and Internal Services Director Date Received in City Clerk's Office J/�JIt 'lln� `-1-I1 Chief of St a Date EKT¢1tE Received in Mayor's Office Ma or Comments: Revised January 15, 2009 laywelredi 1e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE Afl KANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: August 30, 2011 Subject: RZN 11-3901 (Love Box) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from I- 1, Heavy Commercial and I-2, General Industrial to CS, Community Services. BACKGROUND The subject property is located at the southwest corner of Martin Luther King Boulevard and Beechwood Avenue (811 and 833 Beechwood Avenue). The property contains 16.24 acres and is zoned I-1, Heavy Commercial and Light Industrial and I-2, General Industrial. This is a vacant, industrial site with access to a rail spur. The applicant has submitted an application to rezone the property from I-1, Heavy Commercial and I-2, General Industrial to CS, Community Services. DISCUSSION On August 22, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3901, FOR APPROXIMATELY 16.24 ACRES, LOCATED AT 811 AND 833 SOUTH BEECHWOOD AVENUE FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND 1-2, GENERAL INDUSTRIAL, TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas herby changes the zone classification of the following described property from I-1, Heavy Commercial and Light Industrial and 1-2, General Industrial to CS, Community Services, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amended the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN11-3901 LOVE BOX Close Up view . MITCHELL ST 050 7 'W SUBJECT PROPERTY �'u� y "µµ' - ',E ICA•ANOODW Y" fix- i OLD FARM_INO7oN Ro .l =f f FARMINOTON 91 1.1. ri � � r ••5. • 0. - I OFRCEDR 9TORAUE DR YY`} R8Fd ••"••••'" WAREHOUSE OR A PARNELL OR �.•• r+ RP7D 00• LQ' and Mutti•lUseTrail(Esling) FuturalTretls A � PRIVATE 1149 EL Fayet�ville City 1its Lajif-N-11-3901 Footprints 2010 _ Hillside-Hilltop Ov irlay District L-..-.! Design Overlay Di trict Design Overlay Minot ---- Planning Area 0 zs so xoo so 00 <a1 EXHIBIT "B" RZN 11-3901 SURVEY DESCRIPTION A PART OF THE SOUTHEAST QUARTER(SEI/4) OF THE SOUTHWEST QUARTER(SW I/4)OF SECTION SEVENTEEN(17)AND A PART OF THE NORTHEAST QUARTER(NE1/4)OF THE NORTHWEST QUARTER(NW 1/4)OF SECTION TWENTY (20),ALL IN TOWNSHIP SIXTEEN(16)NORTH,RANGE THIRTY(30)WEST,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER(NEI/4)OF THE NORTHWEST QUARTER(NW 1/4)OF SAID SECTION TWENTY(20), SAID POINT BEING AN EXISTING COTTON SPINDLE IN THE CENTER OF BEECHWOOD AVENUE;THENCE N 88°53'00"W 25.00 FEET TO AN EXISTING IRON REBAR ON THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE;THENCE 00°23'31"E 450.00 FEET ALONG SAID RIGHT-OF- WAY LINE TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE,N 88°51'44"W 811.28 FEET TO AN EXISTING IRON REBAR;THENCE N00°25'12"E 696.34 FEET TO AN EXISTING IRON REBAR;THENCE N 75°55'09"E 319.55 FEET ALONG THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN LAND RECORD 92-12961 AND SHOWN ON A SURVEY FILED IN SURVEY DRAWER 3 AT PAGE 89 OF THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS,TO AN EXISTING COTTON SPINDLE;THENCE N 13°40'34"w 192.61 FEET ALONG THE EAST LINE OF THE ABOVE MENTIONED TRACT AND SURVEY TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY#62;THENCE ALONG SAID RIGHT-OF-WAY,THE FOLLOWING BEARINGS AND DISTANCES: S 69°55'03"E 31.93 FEET TO AN EXISTING IRON REBAR; N 59040'33"E 36.80 FEET TO A SET %2"IRON REBAR; N 87°01'33"E 349.20 FEET TO AN EXISTING IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE, S 00°23/31"w 127.21 FFET TO AN EXISING IRON REBAR ON THE SOUTH LINE OF THE SOUTHEAST QUARTER(SE 1/4) OF THE SOUTHWEST QURTER(SWI/4) OF SAID SECTION SEVENTEEN(17), SAID POINT BEING AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 721 AT PAGE 499 IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE S 88°45'43"E 113.00 FEET ALONG THE SOUTH LINE OF THE ABOVE MENTIONED TRACT TO AN EXISTING IRON REBAR ON THE WEST RIGHT- OF-WAY LINE OF BEECHWOOD AVENUE, SAID POINT BEING N 88°45'43"w 50.00 FEET FROM THE SOUTHEAST CORENR OF THE SOUTHEAST QUARTER(SEI/4)OF THE SOUTHWEST QURTER(SWI/4)OF SAID SECTION SEVENTEEN (17);THENCE S00°23'31"w ALONG SAID RIGHT-OF-WAY LINE 142.41 FEET TO AN EXISTING IRON REBAR ON THE NORTH RIGHT-OF-WAY LINE OF THE ST.LOUIS AND SAN FRANCISCO RAILROAD;THENCE S 14'00'1 0"E ALONG THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE 100.55 FEET TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SAID RAILROAD;THENCE S 00°23'31"w 633.55 FEET TO THE POINT OF BEGINNING, CONTAINING 16.24 ACRES MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY,ARKANSAS. ALSO BEING KNOWN AS A PART OF LOT TWELVE(12),LEWIS SUBDIVISION(BERT LEWIS SUBDIVISION)AND A PART OF BLOCKS FOUR(4),ONE(1),AND SEVEN(7)OF THE REPLAT OF WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS. THE ABOVE DESCRIBED 16.24 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAY CONTAINED IN THE FOLLOWING DEEDS OF RECORD: LAND DOCUMENT 2007-00019713 LAND DOCUMENT 2009-00015165 LAND DOCUMENT 2011-00009901 NOTE: NO BUILDINGS EXISTING ON THE SURVEYED PROPERTY. • aye11"T evl e PC Meeting of August 22, 2011 An KAN SnS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: ^^ ,z0 Updated August 30, 2011 RZN 11-3901: Rezone (811 & 833 S. BEECHWOOD AVEJLOVE BOX, 559): Submitted by JORGENSEN & ASSOCIATES for properties located at 811 and 833 SOUTH BEECHWOOD AVENUE.The properties are zoned I-1,HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and I-2, GENERAL INDUSTRIAL and contains approximately 16.24 acres.The request is to rezone the properties to CS, COMMUNITY SERVICES. Planner: Andrew Garner BACKGROUND: The subject property is located at the southwest corner of Martin Luther King Boulevard and Beechwood Avenue(811 and 833 Beechwood Avenue).The property is contains 16.24 acres and is zoned I-1, Heavy Commercial and Light Industrial and I-2, General Industrial. This is developed, vacant, industrial site with access to a rail spur. Surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Mixed commercial uses C-2, Thoroughfare Commercial South and East Industrial and warehousing 1-1, Heavy Commercial and Light Industrial West McDonald's restaurant; City 1-1, Heavy Commercial and Light Industrial; P-1, fire station Institutional Proposal: The applicant has submitted an application to rezone the property from I-1, Heavy Commercial and 1-2, General Industrial to CS, Community Services. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding RZN 11-3901 to the City Council with a recommendation of approval based on findings stated herein. G:\ETC\Development Services Review\201 l\Development Review\l 1-3901 RZN SW Comer of MLK& Beechwood(Asset Plus)\03 Planning Commission\08-22-2011\Comments and Redlines