HomeMy WebLinkAboutOrdinance 5114 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll"IIIIIIIII ,
Doc I0 : 012148580003 Noe : REL
Recorded : 03/27/2008 at 01 : 09 :31 PM '
Fee Amt : $25 . 00 Paqe 1 of 3
A Washington Countv . AR
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ORDINANCE NO. 5114
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 07-2889, FOR
APPROXIMATELY 0.69 ACRES, LOCATED AT THE
SOUTHWEST CORNER OF NORTH COLLEGE AVENUE
AND EAST CLEBURN STREET FROM R-PZD, RESIDENTIAL
PLANNED ZONING DISTRICT, TO DG, DOWNTOWN
GENERAL.
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 DG,
Downtown General, 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
,1111„
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 4thday of March, 2008. o°G�tY �� SGS ,
e FAYETTEVILLE ;
APPROVED: ATTEST:
�k.4NSPCO
By: By: Gytg�izai llltll
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN07-2889 COOPER
Close Up View
' SUBJECT PROPERTY
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EXHIBIT "B"
RZN 07-2889
A PART OF LOT NUMBERED ONE ( 1 ), A PART OF LOT NUMBERED TWO (2), AND A
PART OF LOT NUMBERED THREE (3), ALL IN BLOCK NUMBERED TWELVE (12) OF
A.L. TRENT' S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID ADDITION ON FILE IN THE
OFFICE OF THE CIRCUIT CLERKAND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT ONE (1 ), SAID
POINT BEING N 89055 '47" W 5 .00 FEET FROM THE ORIGINAL NORTHWEST CORNER
OF SAID LOT ONE (1 ); THENCE S 89°55 '47" E ALONG THE NORTH LINE OF SAID LOT
ONE (1 ) 165.25 FEET TO A CHISELED "X" IN CONCRETE ON THE WESTERLY RIGHT
OF WAY OF COLLEGE AVENUE, SAID POINT BEING ON A 252.36 FOOT RADIUS
CURVE CONCAVE TO THE WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE
AND RIGHT OF WAY 26.50 FEET, THE CHORD FOR WHICH BEING S 61052149" W
26.48 FEET, TO A CHISELED "X" IN CONCRETE AT THE POINT OF TANGENCY OF
SAID CURVE; THENCE CONTINUING ALONG SAID RIGHT OF WAY THE
FOLLOWING BEARINGS AND DISTANCES : S 14°53 ' 16" W 50.77 FEET TO A SET IRON ;
S 89055 '47" E 4. 14 FEET TO A CHISELED "X"; S 14053 ' 16" W 41 .61 FEET TO A
CHISELED "X % N 75°06'44" W 6.00 FEET TO A CHISELED "X"; S 14'53 ' 16" W 109.96
FEET TO A SET IRON AT A POINT WHICH IS 5.00 FEET NORTH OF THE SOUTH LINE
OF SAID LOT THREE (3); THENCE LEAVING SAID RIGHT OF WAY N 89055'47" W
106.47 FEET TO A SET IRON AT THE ADJUSTED WEST LINE OF SAID LOT THREE (3),
SAID POINT BEING 5.00 FEET WEST OF THE ORIGINAL WEST LINE OF SAID LOT
THREE (3); THENCE N 00005 '06" E 220.00 FEET TO THE POINT OF BEGINNING.
Washington County, AR
I certify this instrument was filed on
03/27/2008 01 :08:31 PM
and recorded in Real Estate
File Number 2008-00 985 !fr
Bette Stamps - Crc
E i
by r
43 / N / e8
City of Fayetteville / Y
Staff Review Form J 7
City Council Agenda ItemsZil/D
order
Contracts
19-Feb-08
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
RZN 07-2889: (Cooper, 445/446): Submitted by Tim Cooper for property located at the southwest corner of North College
Avenue and East Clebum Street. The property is zoned R-PZD, Residential Planned Zoning District, and contains
approximately 0.69 acres. The request is to rezone the subject property to DG, Downtown General.
Action Required: 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 Pro ram / 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
Departtmme tt Director Date Original Contract Date: Na
Original Contract Number. n/a
2 � I - OFS
City Attorn
Received in Cill Clerk's Office
I W=
Finance and Internal Service Director Date
Received in Mayor's Office ENT
Mayor f Date
Comments:
�7L &.77 YAO&
City Council Meeting of February 19, 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: January 31 , 2008
Subject: Rezoning for Cooper (RZN 07-2889)
RECOMMENDATION
Planning staff and the Planning Commission recommended to approve rezoning the
subject property from Residential Planned Zoning District 04-1159 (Beacon Flats) to DG,
Downtown General for approximately 0.69 acres located at the southwest comer of N.
College Avenue and Clebum Street.
BACKGROUND :. .
The subject property is located at the southwest corner of College Avenue and Clebum :
Street and . is zoned .R-PZD 04-1159 (Beacon Flats). The City Council ;approyed, >the,. .,
Beacon Flats , project on September 21 , 2004 to allow for a mixed use',redevel6pmen't • .
consisting of three buildings on the former Nick's Auto Lube property. The development _
would have, incorporated a mixture of residential, office and commercial uses. : .
,An extension to obtain all necessary permits to begin construction was ,approved by the
City Council in November 2005 and all permits were granted by the City in November
2006. However, 6 months passed with no construction activity associated with the
approved permits, thus resulting in the permits expiring. As a result, the development
rights associated with Beacon Flats expired, although the property remains zoned R-PZD
04-1159. Rather than the City proceeding with the revocation process identified in the
Unified Development Code, the applicant has requested to rezone the property.
DISCUSSION
This item was heard at the regular Planning Commission meeting on January 28, 2008.
The Planning Commission voted 9-0-0 to recommend forwarding 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 07-2889, FOR
APPROXIMATELY 0.69 ACRES, LOCATED AT THE
SOUTHWEST CORNER OF NORTH COLLEGE AVENUE
AND EAST CLEBURN STREET FROM R-PZD, RESIDENTIAL
PLANNED ZONING DISTRICT, TO DG, DOWNTOWN
GENERAL.
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 DG,
Downtown Gene raf , as shown on 'Exhibits "A" and `B"
attached hereto and made apart 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 12008.
--APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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EXHIBIT `B"
RZN 07-2889
A PART OF LOT NUMBERED ONE (1 ), A PART OF LOT NUMBERED TWO (2), AND A PART OF LOT
NUMBERED THREE (3), ALL IN BLOCK NUMBERED TWELVE (12) OF A.L. TRENT'S REVISED PLAT
OF CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID
ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERKAND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT ONE (1 ), SAID POINT BEING
N 89055'47" W 5.00 FEET FROM THE ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1 );
THENCE S 89055'47" E ALONG THE NORTH LINE OF SAID LOT ONE (1 ) 165.25 FEET TO A
CHISELED "X" IN CONCRETE ON THE WESTERLY RIGHT OF WAY OF COLLEGE AVENUE, SAID
POINT BEING ON A 252.36 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE AND RIGHT OF WAY 26.50 FEET, THE CHORD FOR
WHICH BEING S 61052$49" W 26.48 FEET, TO A CHISELED "X" IN CONCRETE AT THE POINT OF
TANGENCY OF SAID CURVE; THENCE CONTINUING ALONG SAID RIGHT OF WAY THE
FOLLOWING BEARINGS AND DISTANCES: S 14°53'16" W 50.77 FEET TO A SET IRON; S 89°55'47"
E 4. 14 FEET TO A CHISELED "X"; S 14°53'16" W 41 .61 FEET TO A CHISELED "X"; N 75'06'44' W 6.00
FEET TO A CHISELED "X"; S 14°53'16" W 109.96 FEET TO A SET IRON AT A POINT WHICH IS 5.00
FEET NORTH OF THE SOUTH LINE OF SAID LOT THREE (3); THENCE LEAVING SAID RIGHT OF
WAY N 89°55'47" W 106.47 FEET TO A SET IRON AT THE ADJUSTED WEST LINE OF SAID LOT
THREE (3), SAID POINT BEING 5.00 FEET WEST OF THE ORIGINAL WEST .LINE OF SAID LOT
THREE (3); THENCE N 00005906" E 220.00 FEET TO THE POINT OF BEGINNING. .
i
7ay
e � ARKlle PC Meeting of January 28, 2008
ANSAS
St
THE CITYOF FAYETTEVILLE, ARKANSAS 125 Mountain
Fayetteevv ille, AR 7270101
PLANNING DIVISION CORRESPONDENCE Te1ephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: w Updated January 31, 2008
RZN 07-2889: Rezoning (COOPER, 445/446): Submitted by TIM COOPER for property located
at the SW CORNER OF N. COLLEGE AVE AND E. CLEBURN ST. The property is zoned R-
PZD, RESIDENT. PLANNED ZONING DIST. and contains approximately 0.69 acres. The request
is to rezone the subject property to DG, Downtown General.
Planner: Jesse Fulcher
BACKGROUND:
Property description and background.- . The subject property is located at the southwest corner of
College Avenue and Clebum Street and is zoned R-PZD 04- 1159 (Beacon Flats). The City Council
approved the Beacon Flats project on September 21 , 2004 to allow for a mixed use redevelopment
consisting of three buildings on the former Nick's Auto. Lube property. The development would
have incorporated a mixture of residential, :office and commercial uses.
An extension to obtain all necessary permits to begin construction was approved by the City Council
in November 2005 and all permits were granted by the City in November 2006. However, 6 months
passed with no construction activity associated with the approved permits, thus resulting in the
permits expiring. As a result, the development rights associated with Beacon Flats expired, although
the property remains zoned R-PZD 04-1159. Rather than the City proceeding with the revocation
process identified in the Unified Development Code, the applicant has requested to rezone the
— —property. — -
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
North Commercial R-O, Residential Office
South Office R-O, Residential Office
East Commerical/College Ave. IC-2, Thoroughfare Commercial
West Single-family residential RSF-4, Residential Single-family
Proposal: The applicant proposes a rezoning of the subject property from R-PZD 04-1159 to DG,
Downtown General.
K. IReporai2008V'C Repoml02January28ViZN 07-2889 (Cooper—Beacon Flats Properry).doc
INFRASTRUCTURE :
Streets: The site has access to Cleburn Street, Pollard Avenue and College Avenue. Street
improvements will be evaluated at the time of development.
Water: A 2" waterline is located adjacent to three sides of the property. Water may need to
be extended through the site at the time of development.
Sewer: There is an 8" main along College Ave. Sewer service may need to be extended
through the site at the time of development. Improvements to the sewer system may
be required dependent upon the demand placed by the development. The capacity of
the existing main may need to be studied at the time of development.
Fire: The subject property is located approximately 1 .2 miles from Fire Station #1 .
Response time to the property is approximately 3.5 minutes, which is acceptable, and
above the City's goal of having the first unit on the scene within 6 minutes, 90% of
the time, and the City' s goal of assembling all responding units to the scene of a
moderate risk assignment within 10 minutes, 90% of the time. There should be no
adverse effects on call volume.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density or create an undesirable increase in the load
on police services. The rezoning will not create an appreciable increase in traffic
danger and congestion.
RECOMMENDATION :
Staff recommends approval of the requested rezoning to DG, Downtown General, based on the
findings included as part of this report.
PLANNING, COMMSSION 'ACTION:� Required r 1ES �
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K:IRepons170081PC Reports102-Janaary 281RZN 07-1889 (Cooper-Beacon Flags Propertv).doa
LAND USE PLAN: The Future Land Use Plan adopted as part of the City Plan 2025 designates this
site Urban Center Area. Rezoning this property to Downtown General would be consistent with
the future land use plan designation of the property for a main street development pattern, which may
include retail, offices, and several types of residential dwellings. The proposed Downtown General
would be compatible with the surrounding commercial and office zoning districts, as well as provide
a transition between College Ave. and the single-family homes located on the west side of Pollard
Ave.
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 Downtown General zoning district is very consistent with land use planning
objectives and policies, especially in those areas designated as Urban Center
Areas within the Future Land Use Plan. City Plan 2025 designates the stretch of
properties on the west side of College Ave., between Trenton St. and North St.,
as an Urban Center Area. These areas accommodate several types of land uses
including retail, office and residential. While Urban Center Areas recognize
conventional strip development as an existing condition, redevelopment of
existing properties .for a more efficient use of the land is encouraged. The
Downtown General zoning district will allow for office, retail, light commercial
and residential uses, but equally important, this zoning district will allow
buildings to be situated close to the street rights-of-way, which will permit -a
more efficient use of the property. Conventional zoning districts such as C-1,
Neighborhood Commercial and R-O, Residential Office may allow some of the
same types of uses, but prohibit a desired development pattern due to the large
setbacks from . the right-of-way (between 25'-501), which on a property' with .
three street frontages could be highly prohibitive.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezoning of the property is very justified at this time, due to the fact that all
development rights associated with current zoning of R-PZD 04-1159 have
expired. Rezoning the property to Downtown General would be consistent with
policy decision to approve the Beacon Flats development, as the permitted uses
for each zoning district are very similar (see attached table).
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Based on staff findings and the Fayetteville Police Department report, the
proposed rezoning would not create or appreciably increase traffic danger and
KAReports110081PC Reports 102JanuaryMMN 07-1889 (Cooper_Beacon Flats Property).doc
congestion in the area. The property is served by College Ave., a Principal
Arterial, along with two other Local Streets, Cleburn and Pollard. Access to the
site will be reviewed at the time of development.
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 allow for the development of residential units, as did
the previous zoning of R-O, Residential Office and R-PZD 04-1159. It is
unlikely that the development of residential units on the 0.69 acre property
would undesirably increase the load on public services. While density within
the Downtown General zoning district is not limited, building heights, parking
requirements and the size of the parcel will govern the feasibility of projects on
the property.
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:IReportv1200E PC Reports102January281RZN 07-2889 (Cooper_Reacon Flats Property).doc