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HomeMy WebLinkAboutOrdinance 5550 Doc ID: 014997920003 Type: REL Recorded. ecorded 101/25/2013 at01:03:21 PM Fee Amt: $25.00 Page 1 of 3 KylelSylvester Circuit Clerk F1192013-00002718 ORDINANCE NO. 5550 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4253, FOR APPROXIMATELY 3.64 ACRES, LOCATED AT 1932 AND 2052 SOUTH GARLAND AVENUE FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL, TO P-1, INSTITUTIONAL 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 hereby changes the zone classification of the following described property from RSF-4, Residential Single-Family, 4 units per acre and I-1, Heavy Commercial and Light Industrial to P-1, Institutional, 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 amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 18th day of December, 2012. APPROVED: ATTEST: i By: am Z I ELD AN,Mayor SONDRA E. SMITH, City Clerk/Treas 6yijnuup �O`o R:,••TRf9s N" FAYETTEVILLE• ''''����i iOia�o``, EXHIBIT "A" RZN12-4253 LIFESOURCE Close Up View �I > a z suxcRa^- R PE1'TIGREW$7 N 1.4 SUBJECT PROPERTY' GUr4E AUR III I ,i i I. i 3 �I r R2F4 RPJD RW-24 RW-12 Legend ............. Mufti-lase Trail (Existing), w •.•••••• Future Trails "" d - -_ Fayetteville City Limits ZN12-4253 Footprints 2010 _ Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Ditrict 0 75 150 300 450 $00 ------ Planning Area FSI EXHIBIT "B" BZN 12-4253 PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT 235 FEET NORTH OF THE SOUTH-WEST CORNER OF SAID 20 ACRE TRACT, AND RUNNING, THENCE NORTH 90 FEET; THENCE EAST 150 FEET; THENCE NORTH 235 FEET THENCE EAST 150 FEET; THENCE NORTH 100 FEET; THENCE EAST 370 FEET; THENCE SOUTH 34 DEGREES 52 MINUTES WEST 402.2 FEET; THENCE SOUTH 18 DEGREES 26 MINUTES EAST 59.8 FEET; THENCE SOUTH 12 DEGREES 30 MINUTES WEST 30 FEET; MORE OR LESS, TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ARDEAN FALLWELL, ET UX, IN DEED RECORD 887 AT PAGE 97 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, THENCE WEST 450 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Washington County,AR I certify this instrument was filed on 01/25/2013 01:03:21 PM and recorded in Real Estate File Number 2013-00002718 Kyle Sylvester-Circui Jerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/18/2012 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: RZN 12-4253: Rezone (1932 AND 2052 S. GARLAND AVE./LIFESOURCE, 600): Submitted by the CITY OF FAYETTEVILLE for property located at 1932 AND 2052 SOUTH GARLAND AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 3.64 acres. The request is to rezone the subject property to P-1, INSTITUTIONAL. 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 6� r 1-- '1'�' �Fltfr,j/ �Cr l� Previous Ordinance or Resolution# Department Director Date Original Contract Date: 2-')/2-Original Contract Number: City Attorneypp nn Date `1 oa 11-36-2.012, '➢ Finance and Internal Services Director Date Received in Clerk's Office A�L Chief of taff Date E(9J • Received in Mayor's Office �--- la Ma or ate Comments: Revised January 15,2009 • a e evl le THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE !( ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: November 30, 2012 Subject: RZN 12-4253 (1932 & 2052 S. GARLAND/LIFE SOURCE - CITY OF FAYETTEVILLE) REQUEST The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to P-1, Institutional. BACKGROUND The subject property is located just east of Garland Avenue and north of Cato Springs Road, with access to the buildings provided by a shared driveway. There are two buildings on the site. The northern building is occupied by Head Start, who has been operating on the property since the early I980's. The southern building has been used by a variety of non-profit groups and is currently occupied by Life Source, a non-profit organization based in Fayetteville that provides programs and services for families in need. The City of Fayetteville is requesting to rezone the property from Residential Single-family and Industrial to P- 1, Institutional. The reason for the request is to allow the organizations an opportunity to construct a joint identification sign that will better inform the public of their respective locations. DISCUSSION On November 26, 2012 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 8-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4253, FOR APPROXIMATELY 3.64 ACRES, LOCATED AT 1932 AND 2052 SOUTH GARLAND AVENUE FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND I- 1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL, TO P- 1, INSTITUTIONAL 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 RSF-4, Residential Single-Family, 4 units per acre and I-1, Heavy Commercial and Light Industrial to P-1, Institutional, 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 amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: _ LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN12-4253 LIFESOURCE Close Up View 5. 111NCNP^- — I� PEI TIGREW ST . 41 SUBJECT PROPERTY CLINEAVE 3 - - - d1 - r- xera rtrm Legend Multi-Use Trail (Exi w i •r ' o Future Trails _ d �- -� Fayetteville City Li �•. _•' PZN 12-4253 - Footprints 2010 _ Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 800 ----- Planning Area Feel EXHIBIT "B" RZN 12-4253 PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT 235 FEET NORTH OF THE SOUTH-WEST CORNER OF SAID 20 ACRE TRACT, AND RUNNING, THENCE NORTH 90 FEET; THENCE EAST 150 FEET; THENCE NORTH 235 FEET THENCE EAST 150 FEE C; THENCE NORTH 100 FEET; THENCE EAST 370 FEET; THENCE SOUTH 34 DEGREES 52 MINUTES WEST 402.2 FEET; THENCE SOUTH 18 DEGREES 26 MINUTES EAST 59.8 FEET; THENCE SOUTH 12 DEGREES 30 MINUTES WEST 30 FEET; MORE OR LESS, TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ARDEAN FALLWELL, ET UX, IN DEED RECORD 887 AT PAGE 97 OF THE RECORDS OF WASHINGTON COUNTY, ARKANSAS, THENCE WEST 450 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Ta ye evl e PC Meeting of November 26, 2012 nnicnhc.ns THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fnycacvillc,Alt 72701 PLANNING DIVISION CORRESPONDENCE 'I'depwn: (479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: November 21, 2012 Updated November 30, 2012 RZN 12-4253: Rezone (1932 AND 2052 S. GARLAND AVE./LIFESOURCE,600): Submitted by the CITY OF FAYETTEVILLE for property located at 1932 AND 2052 SOUTH GARLAND AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 3.64 acres.The request is to rezone the subject property to P-1, INSTITUTIONAL. Planner: Jesse Fulcher BACKGROUND: Property Description:The subject property is located just east of Garland Avenue and north of Cato Springs Road, with access to the buildings provided by a shared driveway. There are two buildings on the site.The northern building is occupied by Head Start,who has been operating on the property since the early 1980's.The southern building has been used by a variety of non-profit groups and is currently occupied by Life Source, a non-profit organization based in Fayetteville that provides programs and services for families in need. Surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Undeveloped Residential Multi-family, 24 units per acre South Residential Residential Sin le-familyunits per acre/Industrial East Undeveloped Residential Single-family, 4 units per acre/Industrial West Residential Residential Single-family, 4 units per acre/Industrial Proposal: The City of Fayetteville is requesting to rezone the property from Residential Single- family and Industrial to P-1, Institutional.The reason for the request is to allow the organizations an opportunity to construct a joint identification sign that will better inform the public of their respective locations. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding RZN 12-4253 to the City Council with a recommendation of approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: November 26,2012 J Forwarded O Denied O Tabled Motion: Cook Second: Honchell Vote: 8-0-0 CITY COUNCIL ACTION: Required YES Date: December 18,2012 O Approved O Denied INFRASTRUCTURE: Streets: The site has access to Garland Avenue, an unimproved two lane street. Street improvements will be evaluated at the time of development. Water: There is a 6"water main along Garland Avenue. Public water main improvements may be necessary to provide fire flow and domestic service for any proposed development. Sewer: There is a 6" main along Garland Avenue and a 30" main through the middle of the property. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is affected by the 100-year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department did not comment on the rezoning request. Fire: The Fayetteville Fire Department did not comment on the rezoning request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as a Complete Neighborhood Plan—Fayetteville Junction. 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: Rezoning the subject property to P-I, Institutional is consistent with land use planning objectives and policies and with land use and zoning plans.The property has been owned by the City of Fayetteville fore several decades and has exclusively been used by community groups. The current zoning of residential and industrial does not reflect the historic land use of the property, and the industrial zoning is inappropriate given the surrounding residential uses and adjacent floodplain of Cato Springs Branch. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: There is currently an existing non-conforming free standing sign on the property that is used by Head Start. It is not possible to modify the existing sign to include space for Life Source without increasing the size of the sign, which can't be permitted. Rezoning the property to institutional will allow the tenants to modify the existing sign and provide space for both groups.Beyond that need,the rezoning will bring the property into conformity with the historic land use of the property. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The rezoning action will have no impact on the existing land uses and therefore no impact on traffic danger or congestion. 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 rezoning will have no affect on the population density in the near term, since there is no plan to change the land use. Therefore, an undesirable increase on public services isn't expected. 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: Not applicable. Staff is recommending approval.