HomeMy WebLinkAboutOrdinance (Docid 5458) i
. �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 012632790003 Tvoe : REL
Recorded : 12/23/2008 at 02 : 29 : 59 PM
Fee Amt : 825 . 00 Pace 1 of 3
Mashlnoton Countv . AR
Bette Stamps Circuit Clerk
FS1e2008-00039829
ORDINANCE NO. 5199
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-3131 , FOR
APPROXIMATELY 0.66 ACRES, LOCATED AT 1211 WEST
JAMES STREET, SOUTHWEST OF GARLAND AND MOUNT
COMFORT FROM RMF-24, RESIDENTIAL MULTI-FAMILY,
24 UNITS PER ACRE, TO R-0, RESIDENTIAL OFFICE
I
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 R-0, Residential Office, 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.
`„q,nnunrq,
PASSED and APPROVED this 2nd day of December, 2008. &ERTRegsli''%
0G�SY Oc.0 p�o'
APPROVED: ATTEST: zv;
° FAYETTEVILLE
c.
By: B0�i lkfy: CJ /�� �Mtt %�ysy9� kANSPOJ�.'
DAN COODY, May SONDRA E. SMITH, City Clerk/Treasurer 4''�� OIA Go�`
i
EXHIBIT `B"
RZN 08-3131
A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST
QUARTER (NE 1 /4) OF SECTION EIGHT (8), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE
TRACT; THENCE SOUTH 759.00 FEET; THENCE WEST 4361 .4 FEET TO A
CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF LOT NUMBERED
TEN ( 10) OF MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, FOR THE TRUE POINT OF BEGINNING; THENCE NORTH 160.00
FEET TO A SET IRON ON THE SOUTH RIGHT-OF-WAY OF JAMES STREET;
THENCE SOUTH 89 DEGREES 49 MINUTES 20 SECONDS WEST ALONG SAID
RIGHT-OF-WAY 180.00 TO A SET IRON; THENCE SOUTH 160.00 FEET TO A SET
IRON; THENCE NORTH 89 DEGREES 49 MINUTES 20 SECONDS EAST 180.00
FEET TO THE POINT OF BEGINNING.
Washington County, AR
I certify this instrument was filed on
12/23/2008 02:29:59 PM
and recorded in Real Esta
File Number 2008-00039 9
Bette Stamps - Circu rk
by
() RD
spity of Fayetteville Staff Review Fom I Z,/ Z 1A
City Council Agenda Items 5
and . / �j
Contracts, Leases or Agreements kG/ V V � ��3�
12/2/2008 /V �) I
City Council Meeting Date
Agenda Items Only
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 08-3131 : (Nall, 404): Submitted by Marty and Laura Nall for property located at 1211 West James Street,
southwest of Garland and Mount Comfort. The property is zoned RMF-24, Residential Multi-Family, 24 units per
acre, and contains approximately 0.66 acres. The request is to rezone the subject property to R-O, Residential
Office.
Cost of this request Category / Project Budget Program Category / Project Name
$
Account Number Funds Used to Dale Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department director Date
G Original Contract Date:
Q - t `( '0 b Original Contract Number:
City Attorney Date
Received in City ENTERO
Clerk's Office
Finance and Internal Service Director Date
Received in
Mayor's Office
I�
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of December 2, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 13, 2008
Subject: Rezoning for Nall (RZN 08-3131 )
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RMF-24, Residential Multi-Family, 24 units/acre to R-O, Residential Office located at
1211 James Street.
BACKGROUND
The property, containing approximately 0.66 acre, is located west of the Garland and Mount
Comfort intersection and north of the Harp' s grocery store. The subject property contains one
commercial structure constructed in 1970, according to the Washington County property
data. In 1999, the Planning Commission approved the applicant's conditional use request to
operate a professional office in the RMF-24 zoning district.
The applicant proposes to rezone the property from RMF-24, Residential Multi-Family, 24
units/acre, to R-O, Residential Office, in order to utilize the existing office building and to
allow for the opportunity to request Planning Commission approval of a conditional use
permit to operate other uses that are found to be compatible with the surrounding area, such
as retail or a salon.
Staff finds in favor of the zoning request, finding that the proposed zoning would be
compatible with adjacent zoning, existing and approved surrounding developments, and the
future land use plan to provide low intensity nonresidential uses to serve the surrounding
residential uses. Staff also finds that the request will allow the applicant to utilize the office
building, which was allowed to be constructed on the subject property in 1970, without
Planning Commission approval of a change of use. Furthermore, staff finds that the request
will not have an adverse affect on adjacent and surrounding uses, as the property has been
utilized as a professional office and church in the past.
DISCUSSION
This item was heard at the regular Planning Commission meeting on November 10, 2008.
The Planning Commission voted 7-0-0 to forward this rezoning request to the City Council
with a recommendation for approval .
BUDGETIMPACT
None.
r
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 08-3131 , FOR
APPROXIMATELY 0.66 ACRES, LOCATED AT 1211 WEST
JAMES STREET, SOUTHWEST OF GARLAND AND MOUNT
COMFORT FROM RMF-24, RESIDENTIAL MULTI-FAMILY,
24 UNITS. PER ACRE, TO R-O, RESIDENTIAL OFFICE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : 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 R-O, Residential Office, 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 day of 2008.
APPROVED : ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 08-3131
A PART OF THE SOUTHEAST QUARTER (SE '/) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION EIGHT (8), TOWNSHIP SIXTEEN ( 16) NORTH,
RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID 40 ACRE
TRACT; THENCE SOUTH 759.00 FEET; THENCE WEST 4361 .4 FEET TO A
CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF LOT NUMBERED
TEN ( 10) OF MCCORMICK ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, FOR THE TRUE POINT OF BEGINNING ; THENCE NORTH 160.00
FEET TO A SET IRON ON THE SOUTH RIGHT-OF-WAY OF JAMES STREET;
THENCE SOUTH 89 DEGREES 49 MINUTES 20 SECONDS WEST ALONG SAID
RIGHT-OF-WAY 180.00 TO A SET IRON ; THENCE SOUTH 160.00 FEET TO A SET
IRON ; THENCE NORTH 89 DEGREES 49 MINUTES 20 SECONDS EAST 180.00
FEET TO THE POINT OF BEGINNING.
'017
t� � 11 � PC Meeting of November 10, 2008
AH K ANSAS
125 W. Mountain St.
THE CITY OF FAYETfEVILLE, ARKANSAS Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Data Sanders, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: Oeteber-38 0AS Updated November 13, 2008
RZN 08-3131 : (NALL / 3AMES STREET, 404): Submitted by MARTY & LAURA NALL for
property located at 1211 W. JAMES ST., SW OF GARLAND AND MT COMFORT. The property
is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.66 acres. The
request is to rezone the subject property to R-O, Residential Office.
Planner: Dara Sanders
BACKGROUND:
Property Description: The property, containing approximately 0.66 acre, is located west of the
Garland and Mount Comfort intersection and north of the Harp' s grocery store. The subject property
is contains one commercial structure constructed in 1970, according to the Washington County
property data. In 1999, the Planning Commission approved the applicant's conditional use request to
operate a professional office in the RMF-24 zoning district.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Single family RMF-24, Residential Multi-Family, 24 units/acre
South Harp' s, undeveloped C- 1 , Neighborhood Commercial, C-2, Thoroughfare
Commercial, R-PZD 05- 1776 (Wedington Circle
East Undeveloped C-2. Thoroughfare Commercial
West Multi-farnfly student housing RMF-24, Residential Multi-Family, 24 units/acre
Proposal: The applicant proposes to rezone the property from RMF-24, Residential Multi-Family,
24 units/acre, to R-O, Residential Office, in order to utilize the existing office building and to allow
for the opportunity to request Planning Commission approval of a conditional use permit to operate
other uses that are found to be compatible with the surrounding area, such as retail or a salon.
Public Comment: Staff has not received public comment.
Discussion: Staff finds in favor of the zoning request, finding that the proposed zoning would be
compatible with adjacent zoning, existing and approved surrounding developments, and the future
land use plan to provide low intensity nonresidential uses to serve the surrounding residential uses.
The R-O zoning district is typically utilized as a transition between intense commercial uses and
R:I Repons1200SI PC Reportsl2/- Not ember 10W.N 08d 131 (Na71).dmc
residential uses. Rezoning the subject property from RMF-24 to R-O would provide that necessary
transition from the adjacent C-2, Thoroughfare Commercial, zoning district to the east and south and
the single- and multi-family uses to the north and west. Staff also finds that the request will allow the
applicant to utilize the office building, which was allowed to be constructed on the subject property
in 1970, without Planning Commission approval of a change of use. Furthermore, staff finds that the
request will not have an adverse affect on adjacent and surrounding uses, as the property has been
utilized as a professional office and church in the past.
RECOMMENDATION :
Staff recommends forwarding the rezoning request to the City Council with a recommendation of
approval based on findings stated herein.
PLANNING `COMMISSIONACTION Required .YES ;
❑ Approved - Forwarded 0 Denied
Motion �Anthes Second . Caber Vote 7-0 0
:wi `
CITY COUNCIL° ACTION "- Required :YES
1
y y D Approved 3 y . ❑ Denied
Date.
' A
t..
INFRASTRUCTURE:
Streets: The site has access to lames Street. James Street is a paved two lane city street.
Street improvements will be evaluated at the time of redevelopment.
Water: Public water is available to the property. There is a 6" main along James Street..
Sewer: Sanitary sewer is available to the site. There is a 6" public main along James Street.
Sewer will need to be extended through the property at the time of development. The
capacity of the existing main will need to be evaluated at the time of redevelopment.
Drainage: Standard improvements and requirements for drainage will be required for
redevelopment. This property is not affected by the 100-year floodplain.
Fire: This property will be covered by Engine 2 located at 708 N. Garland Avenue. It is 0.5
mile from the station with an anticipated response time of 2 minutes. The Fire .
Department anticipates that there will be 1 -2 EMS calls for service per year with this
type of development. The Fayetteville Fire Department does not feel this
development will affect our calls for service or our response times.
Police: It is the opinion of the Fayetteville Police Department that this RZN will not
substantially alter the population density, and will not create an appreciable or
undesirable increase in the load on police services. This RZN will not create an
K:Meporte1200WCReporu121- November 101RZN 08-3131 (Nall).doc
appreciable increase in traffic danger and congestion.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as City Neighborhood Area, . Staff finds that rezoning the property to R-O,
Residential Office, adjacent to the C-2, Thoroughfare Commercial zoning district, is appropriate at
this location as the existing structure has proven to be compatible with the surroundingarea since it
was constructed in 1970.
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: The proposed R-O zoning is consistent with the City's City Neighborhood Area
land use designation to encourage low intensity, nonresidential development.
Should the rezoning request be approved, the subject property could provide
nonresidential uses within walking distance from the adjacent multi-family
development to the west (Garden Park Apartments) and the single- and two-
family dwellings to the north, as well as the other surrounding residential
neighborhoods.
Staff finds that the proposal complies with Goal 2 to discourage sprawl with
compact , and medium-density development that utilizes existing city
infrastructure and is adjacent to a large commercial node (the Wedington and
Garland intersection) that .include uses that are more intense than those
proposed by the applicant.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the proposed zoning is justified and needed. The commercial
structure was constructed in 1970, prior to the City's current zoning
requirements. In 1999, the Planning Commission granted the applicant's
request for a conditional use permit to operate a professional office at the
subject property, which has proven to be compatible with the surrounding uses,
as staff has not received complaints. Staff finds that the low-intensity uses
allowed by the R-O zoning district would contribute services that are necessary
for a sustainable neighborhood and the Wedington/Garland commercial node.
Staff also finds that the request will allow the applicant to utilize the office
building, which was allowed to be constructed on the subject property in 1970,
without Planning Commission approval of a change of use.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
K:IRepons120081PC ReporuL71- Nowmber IOLRZN 08-3131 (Nall).doc
Finding: It is expected that a rezoning from RMF-24 to R-O would create an increase in
traffic compared with that allowed under the existing zoning. However, the
property has been utilized as a Professional Office for several years without
reports of complaint, and the adjacent property to the west, Garden Park
Apartments, contains 188 dwelling units that can be accessed from James Street.
Staff finds that the proposed zoning would not create or appreciably increase
traffic danger and congestion.
5. 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: Staff finds that the proposed zoning would not create undesirable impacts to
public services, or a density that is incompatible with the surrounding area,
based on a review of infrastructure, existing land uses, and the development
potential of the property.
Increased load on public services were taken into consideration and
recommendations from the Engineering, Fire, and Police Departments are
included in this report.
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;
Finding: Not applicable. Staff recommends in favor of the requested zoning.
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 recommends in favor of the requested zoning.
K.IReporaL200MC Repor[r121- November JOIRZN 08-3131 (Nall).dw
11/4/2008 Dara Sanders - Re: 1211 imes Street Pa e 1
From: "Marty Nall" <MTN123@pgtc.com>
To: "Dara Sanders" <dasanders@ci.fayetteville.ar.us>
Date: 11 /3/2008 8:50 PM
Subject: Re: 1211 James Street
This property has been vacant about 2 months . I'll okay to change the
zoning request to R/O since I have no other options . Original
Message ---
From: "Dara Sanders" <dasanders@ci.fayetteville.ar.us>
To: <mtn123@pgtc.com>
Sent: Thursday, October 30, 2008 12:22 PM
Subject: 1211 James Street
Marty,
How long has the property been vacant?
Dara Sanders
Planning Division
City of Fayetteville
A
Y
l .
�. err
#tir '
4i
V
1 } �• i y�
1 1 It