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HomeMy WebLinkAboutOrdinance 5273 Doc ID : 013099140003 Type : REL Kind : ORDINANCE Recorded : 10/05/2009 at 08 : 44 : 45 AM Fee Amt : $25 . 00 Paoe 1 of 3 Nashinoton County . AR Bette Stamos Circuit Clerk File2009-00031832 ORDINANCE NO. 5273 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3398, FOR APPROXIMATELY 0. 17 ACRES, LOCATED AT 528 NORTH COLLEGE AVENUE FROM C-21 THOROUGHFARE COMMERCIAL, TO DG, DOWNTOWN GENERAL 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 C-2, Thoroughfare Commercial 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 15`" day of September, 2009. _c`-%' Y •�F'• P FAYETTEVILLE ; APPROVED: ATTEST: ';y� •9QKANSPco By: ��� By: ON L4JON, Mayor SONDTa E. SMITH, City Clerk/Treasurer EXHIBIT "A„ Page 2 Ordinance No. 5273 RZN09-3398 SCHAFFER/ 528 N . COLLEGE Close Up mew cs-* ;gid tY; t , A - w Ri SUBJECT PROPERTY � 4 IF ala ti� f w fi Q v rya ` U e � A11P I Overview _-- _- a 375 IS Ise 225 300 Feel Page 3 Ordinance No. 5273 EXHIBIT "B" RZN 09-3398 PART OF LOT NUMBERED TWO (2) IN DAVIDSON' S ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UP ON THE RECORDED PLAT OF SAID ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 362 FEET AND 7 INCHES NORTH AND 30 FEET EAST OF THE SOUTHWEST CORNER OF SECTION. TEN ( 10), TOWNSHIP SIXTEEN ( 16) NORTH, OF RANGE THIRTY (30) WEST, AND RUNNING, THENCE NORTH 54 FEET 5 INCHES; THENCE EAST 140 FEET; AND THENCE SOUTH 54 FEET 5 INCHES; THENCE WEST 140 FEET TO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 10/05/2009 08:44:45 AM and recorded in Real Esta File Number 2009-00031 3 Bette Stamps - Circuit I by i City of Fayetteville Staff Review Form I City Council Agenda Items and Contracts, Leases or Agreements 9/15/2009 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: RZN 09-3398: (Schaffer, 446): Submitted by Lance and Julie Schaffer for property located at 528 North College Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0. 17 acres. The request is to rezone the subject property to DG, Downtown General. t $ 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 O Budget Adjustment Attached IL . Ptd Ca.a.ViM Previous Ordinance or Resolution d Departm nt irector(.) Date Original Contract Date: -2j Oq Original Contract Number: City Attorney Date Finance and Internal Services Director Date Received in City Clerk's Office lJ eOt Date fN EOReceived inMayor's Office ate Comments: I Revised January 15, 2009 City Council Meeting of September 15, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: August 26, 2009 Subject: Rezoning for Schaffer (RZN 09-3398) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property from C-2, Thoroughfare Commercial to DG, Downtown General, located at 528 N. College Avenue. BACKGROUND The subject property is located at 528 N. College Avenue and is currently developed with one single-family home constructed in approximately 1909. The property is zoned C-2 Thoroughfare Commercial and has been used for various residential and nonresidential uses in the past. The applicant proposes to rezone the property from C-2, ' Thoroughfare Commercial to DG, Downtown General to bring the existing building into compliance and to permit mixed use on the property. DISCUSSION This item was heard at the regular Planning Commission meeting on August 24, 2009. The Planning Commission voted 9-0-0 to forward this rezoning request to the City Council with a recommendation for approval. BUDGETIMPACT None. I I A I I i ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3398, FOR APPROXIMATELY 0. 17 ACRES, LOCATED AT 528 NORTH COLLEGE AVENUE FROM C-2, THOROUGHFARE COMMERCIAL, 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 C-2, Thoroughfare Commercial 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 I �I z "1^f i h v W � i y i 4 y 1 F LLL 1 f s gn s Sty; vi 1 t 1 � f13✓ .�' � 11� yr r • e c r� EXHIBIT "B" RZN 09-3398 PART OF LOT NUMBERED TWO (2) IN DAVIDSON' S ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED UP ON THE RECORDED PLAT OF SAID ADDITION, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 362 FEET AND 7 INCHES NORTH AND 30 FEET EAST OF THE SOUTHWEST CORNER OF SECTION TEN ( 10), TOWNSHIP SIXTEEN ( 16) NORTH, OF RANGE THIRTY (30) WEST, AND RUNNING, THENCE NORTH 54 FEET 5 INCHES; THENCE EAST 140 FEET; AND THENCE SOUTH 54 FEET 5 INCHES; THENCE WEST 140 FEET TO THE POINT OF BEGINNING. aye evl le PC Meeting of August 24, 2009 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: A ..,.,. W Updated August 27, 2009 RZN 09-3398: (SCHAFFER 1528 N. COLLEGE, 446): Submitted by LANCE AND JULIE SCHAFFER for property located at 528 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0. 17 acres. The request is to rezone the subject property to DG, Downtown General. Planner: Jesse Fulcher BACKGROUND: i Property Description: The subject property is located at 528 N. College Avenue and is currently developed with one single-family home constructed in approximately 1909. The property is zoned C-2 Thoroughfare Commercial and has been used for various residential and nonresidential uses in the past. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Commercial C-2, Thoroughfare Commercial South Commercial C-2, Thoroughfare Commercial East Commercial C-2, Thoroughfare Commercial West Commercial C-2, Thoroughfare Commercial Proposal: The applicant proposes to rezone the property from C-2, Thoroughfare Commercial to DG, Downtown General to bring the existing building into compliance and to permit mixed use on the property. Public Comment: Staff has not received public comment. 9 u RECOMMENDATION: Staff recommends forwarding rezoning request RZN 09-3398 (Schaffer/528 N. College Avenue) to the City Council with a recommendation for approval based on the findings stated herein. �I K. IReports120091PC Repons119-August 241RZN 09-3398(Schq(rer_528 N College).doc PLANNING COMMISSION ACTION: Required YES Date: August 24, 2009 O Tabled Forwarded O Denied Motion: Cabe Second: Winston Vote: 9-0-0 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: INFRASTRUCTURE: Streets: The site has access to N. College Avenue, which is a four-lane paved state highway. Street improvements would be evaluated at the time of redevelopment. j Water: Public water is available to the property. There is an 8" main along N. College Avenue. A public main may need to be extended through the property to provide domestic and fire Flow for future development. Sewer: Sanitary sewer is available to the site. There is a 6" public main along N. College Avenue. A public main may need to be extended through the property to serve future development. Drainage: Standard improvements and requirements for drainage will be required for the development. This property is affected by the 100-year floodplain. 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. The extent of any added traffic congestion will depend on the type of business. Fire: This property will be covered by Engine # 1 located at 303 W. Center Street. It is 1 . 1 miles from the station with an anticipated response time of 3 minutes. The Fire Department does not feel that this rezoning will affect the calls for service or response j times. d I CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area, which are denser and primarily residential. However, this land use designation supports mixed and low-intensity nonresidential uses. City Neighborhood Areas recognize conventional strip commercial developments, but encourage complete, compact, and connected neighborhoods. j �I i K.-Meporis120091PC ReporaII9-Augusl24W2N 09.3398(Sdwfjer_528 NCollege).do f FINDINGS OF THE STAFF I . 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: Staff finds that rezoning the property to Downtown General would be more consistent with the land use planning objectives, principles and polices than the existing C-2 zoning district. The Downtown General zoning district will allow for office, retail, light commercial and residential uses. A conventional zoning district such as C-2, Thoroughfare Commercial 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). Additionally, residential uses in the C-2 zoning district are only permitted as an accessory use, restricting the use of the property to predominantly commercial use. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The subject property has been utilized both for residential and commercial uses, since construction in the early 1900'x. The current C-2 zoning designation requires that at least 51 % of the structure be utilized for commercial purposes. A rezoning to Downtown General would allow the applicant to utilize the existing residential structure for residential or commercial uses with no restriction on the size of either use. 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 congestion in the area. The property is served by College Ave., a Principal Arterial. Access to the site will be reviewed at the time of redevelopment. 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: Staff finds that the proposed zoning would not create undesirable impacts to public services, or a residential density that is incompatible with the surrounding area, based on a review of infrastructure, existing land uses, and the development potential of the property. The property is currently zoned C-2, Thoroughfare Commercial. The change in zoning to Downtown General would not permit uses that would adversely impact public services. i Increased load on public services were taken into consideration and ' recommendations from the Engineering, Fire, and Police Departments are included in this report. K:Weporist20091PCReporull9-August24RZN09-3398(Sdm$er 528 NCollege).doc