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HomeMy WebLinkAboutOrdinance 5222 IIIIIIIIIIIDIIIVIIIIIIIIIIIIIIIIIII�IVIIIII�IVIIIVIIIVIIIIIIIIII I Recorded : 03%13/20090atT01 : 51 : 17 PM Fee Amt : $25 . 00 Pace 1 of 3 Maehlnoton County . AR Bette Stamos Circuit Clerk F14009�00007 427 ORDINANCE NO. 5222 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3190, FOR APPROXIMATELY 1 .67 ACRES, LOCATED AT 5, 8, 125 AND 20 SOUTH HILL AVENUE FROM RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, 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 RMF-40, Residential Multi-Family, 40 units per acre 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 amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 3rd day of March, 2009. ;^�; � U � 5 ; FAYETTEVILLE : APPROVED: ATTEST: 9s.9h kA14ci By: By: Oyt .t> G �mtAtL �%�,0„TON��`o�```. IO ELD JORMXN, Mayor SO DRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN08-3190 LOLLEYMILL AVE pose Up view 0 NES ISE ^V4. S —1 or m \qN\ SUBJECT PROPERTY - I arra f e Irr.= MW 1a. 5 nV . I Vi Waft. I IARWNFl . 46d I�; I J aur. 1 4SC � I l z l I MM1yr ST .� ftWyAW EI Illfao 1 O,wvlew I A . 1 0 76 160 000, /60 000 e �r� FOM _ a EXHIBIT "B" RZN 08-3190 5 SOUTH HILL AVENUE -- LOTS TWENTY-THREE (23) AND TWENTY-FOUR (24) IN BLOCK TWO (2) IN PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. SUBJECT TO AN EXISTING EASEMENT ACROSS THE SOUTH TWELVE (12) FEET OF SAID LOT TWENTY-THREE (23). 8 AND 12 SOUTH HILL AVENUE -- LOTS NUMBERED ONE (1 ), TWO (2), AND THREE (3) IN BLOCKS NUMBERED ONE ( 1) IN PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS. 20 SOUTH HILL AVENUE -- LOTS NUMBERED FOUR (4), FIVE (5), AND SIX (6), OF BLOCK NUMBERED ONE ( 1 ), PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION. Washington County, AR I certify this instrument was filed on 03/13/2009 01 :51 : 17 PM and recorded in Real Estat File Number 2009-00007 Bette Stamps - Circui rk by RECEIVED LIAR 112009 CITY OF FAYET rMLLE AFSas Demo0axeW CITY CLEWS OFFICE • - - IZI Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville Ordinance 5222 March 9, 2009 Publication( Charge :1 $, 186 .08 Signed: -_- W— - Subscribed and sworn to before me This le day of 2009. Notary Public ZI �Jn ,ww� My Commission Expires: "� p 1.;'7 ' O pRY' !s W �i • m Do not pay from Affidavit, an invoice will be sent • • \G ;•' `L`:. 9 .. 4�7YjY00.,..: % t:�6 RECEIVED MAR 112009 CIN IF CRI'CLtR OFFFgYE7?( y(L ICFLE ORDINANCE NO. 5222 AN ORDINANCE REZONING THAT PROPERTY FORDESRIBED APPROXI REZONING PETITACRES,N qZN E-3190, , ZARKANSAS�FOR APPROXIMATELY ING ACRES, LOCATEDAT 5,8, 12. AND 20 SOUTH HILL AVENUE FROM RMF-00,RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE,TO OG, DOWNTOWN GENERAL a • - rf BE IT ORDAINED THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS Section 1: That the zona classiticalion of the following described property is hereby changed as fol- q s: From RMF-40, Residential Multi-Family, 40 units per acre to DG, DowntI General, as Bstlovm+ 1 w Exhibits KA" and ' ' attached hereto and made a part hereof. . j -. Section 2: That the official zoning map of the City of Fayetteville Arkan�as�eby amended' to reflect the zoning change provided in Section 1 above. SWI i PASSED and APPROVED this erd day of March, M. - APPROVED> ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City CI so Exhibit is a map and may be viewed in the Office of the City Clerk/Treasurer during normal busk noes hours. - e 'I E%HIBIT 'B' RZN 08-3190 5 SOUTH HILL AVENUE -- LOTS TWENTKTHREE (23) AND TWENTY-FOUR(24) IN BLOCK TWO (2) IN PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. SUBJECT TO AN EXIST. ING EASEMENT ACROSS THE SOUTH TWELVE (12) FEET OF SAID LOT T W ENTKTHREE (23). k 8 AND 12 SOUTH HILL AVENUE - LOTS. NUMBERED ONE (1)„TWO (2), AND THREE (3)� IN BLOCKS NUMBERED ONE (1) IN PUTTAAN'S ADDITION TO 'THE'.CITY OF FAYETTEVILLE. ARKANSAS,AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS. ) .� :.•, ., i 20 SOUTH HILL AVENUE — LOTS NUMBERED FOUR (4). FIVE (5), AND SIX (6). OF BLOCK NUM. + BERED ONE (T), PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DES'G. iL NATO UPON THE RECORDED PLAT OF SAID ADDITION. ORD City of Fayetteville Staff Review Form City Council Agenda Items ^ � andZ/ V Contracts, Leases or Agreements 3/3/2009 x..01 & y City Council Meeting Date Agenda Items Only Jeremy Pate p Planning Operations Submitted By Division Department Action Required: RZN 08-3190: (Lolley, 522): Submitted by Mikel Lolley for property located at 5, 8, 12, and 20 South Hill Avenue. The property is zoned RMF-40, Residential Multi-Family, 40 units per acre, and contains approximately 1 .67 acres. The request is to rezone the subject property to DG, Downtown General. Cost of this request Category I 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 Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number: City Date 0. _ - - 13 -09 SERFo Finance and Internal Services Director Date Received in City rm Clerk's Office ll-'1 Dy Chief taff Dae p C Received in 3 Mayors Office or Date Comments: Revised January 15, 2009 City Council Meeting of March 3, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy C. Pate, Director of Current Planning Date: February 12, 2009 Subject: Rezoning for Lolley (RZN 08-3190) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property from RMF-40, to DG, Downtown General located at 5, 8, 12, and 20 South Hill Avenue. BACKGROUND The site is located just west of downtown on the south side of the Center Street/Hill intersection within the Putman Addition neighborhood and is zoned RMF-40. The property at 5, 8, and 12 South Hill Avenue is being utilized for multi-family development. The property at 20 South Hill Avenue contains a large residential structure constructed in 1903 that was originally constructed as a single family residence. This structure has been used in the past for a seven unit apartment and a four unit apartment building, and has been recently renovated back into a single family residence. DISCUSSION This item was heard at the regular Planning Commission meeting on February 9, 2009. The Planning Commission voted 8-0-0 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 08-3190, FOR APPROXIMATELY 1 .67 ACRES, LOCATED AT 52 8, 12XAND 20 SOUTH HILL AVENUE FROM RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, 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 RMF-40, Residential Multi-Family, 40 units per acre 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 amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of 12009. APPROVED : ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN08-3190 LOLLEYMILL AVE Close Up View F4 .. C Yy�: ts4 r ?g ' ' yt i cElnr._tel .. 'G3; 4 _ f 4 j a9 � Ir SUBJECT PROPERTY ' J r i F PMFA4 {"^x• , I � i IJ r • , e lRITpWHIS! - �� t Q • { i 'r : r - f f � !, . � !mac ' -- d.i F � NRI Atl $1 � .NIIMRII S! - i r �T �7 wu• Ni IAN 51 NRMAN $} j A3ti �. bill lllp T'l. � 1 � 1 fl_NF•.W ' .1 � .. tl 11 � ��NIeW I 0 75 150 ^ 300 . 450 600 o, lllllllllllllllllL +.sem-•� Feet I EXHIBIT "B" RZN 08-3190 5 SOUTH HILL AVENUE -- LOTS TWENTY-THREE (23) AND TWENTY-FOUR (24) IN BLOCK TWO (2) IN PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. SUBJECT TO AN EXISTING EASEMENT ACROSS THE SOUTH TWELVE ( 12) FEET OF SAID LOT TWENTY-THREE (23 ). 8 AND 12 SOUTH HILL AVENUE -- LOTS NUMBERED ONE ( 1 ), TWO (2), AND THREE (3) IN BLOCKS NUMBERED ONE ( 1 ) IN PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS . 20 SOUTH HILL AVENUE -- LOTS NUMBERED FOUR (4), FIVE (5), AND SIX (6), OF BLOCK NUMBERED ONE ( 1 ), PUTMAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION. TayeVI PC Meeting of February 9, 2009 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain Fayetteville, AR 7270101 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM : Andrew Gamer, Senior Planner THRU : Jeremy Pate, Director of Current Planning DATE: 3aFwa�y f4�809 Updated February 12, 2009 RZN 08-3190: (LOLLEY/ HILL AVENUE, 522): Submitted by MIKEL LOLLEY for property located at 5,8, 12, AND 20 S. HILL AVENUE. The property is zoned RMF-40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 1 .67 acres. The request is to rezone the subject properties to DG, Downtown General. Planner. Andrew Gamer BACKGROUND: Property Description: The subject property is zoned RMF-40 and contains three parcels totaling 1 .67 acres in the Putman's Addition neighborhood. The site is located just west of downtown on the south side of the Center Street/Hill Avenue intersection. The property is addressed as 5, 8, 12, and 20 South Hill Avenue. The property at 5, 8, and 12 South Hill Avenue is being utilized for multi-family development. The property at 20 South Hill Avenue contains a large residential structure constructed in 1903 that was originally constructed as a single family residence. This structure has been used in the past for a seven unit apartment and a four unit apartment building, and has been recently renovated back into a single family residence. Surrounding land use and zoning is depicted in Table 1 . Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoniaa_ North Multi4amily residential; Single family residential RMF40 South, East Multi4amily residential RMF40 West Multi-family residential; Single family residential RMF-40 Proposal: The applicant proposes to rezone the subject property from RMF-40 to DG, Downtown General to allow for "appropriate infill and revitalization" consistent with City Plan 2025, and to allow for the preservation and adaptive re-use of the historic structure at 20 South Hill Avenue, Public Comment: Staff has not received any public comment. INFRASTRUCTURE: Streets: The site has access to Center Street and Hill Avenue. Center Street and Hill Avenue are fully improved paved two lane City streets. Street improvements will need to be evaluated at the KAReporu120091PC Repora102- January 261RZiV 08-3/90 (Lolley).doc time of development. Water: Public water is available to the property. There is an 8" main along Center Street and a 4- inch main on Hill Aveue. Water may need to be extended through the property at the time of development to provide domestic service and fire protection. Sewer: Sanitary sewer is available to the site. There is an 8" public main along Hill Avenue. Sewer may need to be extended through the property at the time of development. The capacity of the existing main may need to be evaluated at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100-year floodplain. Fire: This property will be covered by Engine # 1 located at 303 West Center. It is 0.7 miles from the station with an anticipated response time of 2.5 minutes. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density, create an undesirable increase in load on police services, or create an undesirable 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. Rezoning this property to DG in a neighborhood near downtown and the University with small blocks and a variety of uses and structures would be compatible with the surrounding development pattern and land uses. The DG zoning would allow for a more traditional form of development with buildings closer to the street, and would allow for mixed uses at the intersection of Center Street/Hill Avenue. This zoning would encourage infill and the adaptive re-use of existing structures, consistent with the City Plan 2025 Goal 1 , "We will make appropriate infill and revitalization our highest priorities." RECOMMENDATION : Staff recommends approval of the rezoning based on findings stated herein. The traditional development pattern and mixed uses allowed under this zoning are appropriate in this neighborhood near downtown and the University, at the corner location of Center Street/Hill Avenue. The DG zoning would encourage infill, revitalization, and adaptive re-use of the property, allowing this site to make a greater contribution to being a complete neighborhood than under the current RMF-40 zoning. K:IR"ruV0091PC Rcportd02- January 261R7N08-3190 (Lolkyl.doc