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Home My WebLink AboutOrdinance 5357 11111111 111111 III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 013734960003 Type: REL Kind: ORDINANCE Recorded: 11/05/2010 at 04:01:32 PM Fee Amt: $25.00 Pace 1 of 3 Washinaton Countv. AR Bette Stews Circuit Clerk File2010-00033032 ORDINANCE NO. 5357 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3633, FOR APPROXIMATELY 2.45 ACRES, LOCATED AT 2409 HUNTSVILLE ROAD FROM C-2, THOROUGHFARE COMMERCIAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, AND R-A, RESIDENTIAL AGRICULTURAL, TO CS, COMMUNITY SERVICES ZONING DISTRICT 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, RSF-4, Residential Single Family, 4 units per acre, and R-A, Residential Agricultural to CS, Community Services, 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 5th day of October, 2010. APPROVED: ATTEST: By: By: "' 2a- � 1 IO ELD JO", ayor SONDRA E. SMITH, City C erk/Treasurer�/ f� =U° c ;FAYETTEVILLE: Washingtonment county,AR as flied on 1 cerfifY this lnS32 PM 1110512010 and reu Nmbed20 De00033032 Pile c 'tC rk Bette Stamp EXHIBIT "A" RZN10-3633 MBC HOMES LLC Close Up View •A NE L OLMES D y -.r1 i i SUBJECT PROPERTY Al w $ C ) 9FJ a LEE ST ea b HELE sT 4( R „Footprints 2010 - Hillside-Hilltop Ovi irlay District Design Overlay Di trict i Design Overlay Di trict ------ Planning Area 0 725 250 500 750 7,000 Fayetteville Feet EXHIBIT "B" RZN 10-3633 PARCEL NUMBER 765-15197-000 PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WPI': BEGINNING IN THE CENTER OF THE HUNTSVILLE ROAD AT A POINT WHICH IS 511.5 FEET SOUTH AND 332.64 FEET SOUTH 83 DEGREES 30 MINUTES WEST FROM THE NORTHEAST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE SOUTH 02 DEGREES 30 MINUTES EAST 526 FEET; THENCE SOUTH 83 DEGREES 00 MINUTES WEST 174.9 FEET; THENCE NORTH 30 DEGREES 57 MINUTES WEST 71.94 FEET, THENCE NORTH 02 DEGREES 30 MINUTES WEST 473.2 FEET; THENCE NORTH 86 DEGREES 37 MINUTES EAST 208.60 FEET TO THE POINT OF BEGINNING, CONTAINING 2.45 ACRES, MORE OR LESS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements l0%S�aOI� City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 10-3633: (Willy Berchtold, 565): Submitted by Willy Berchtold for property located at 2409 Huntsville Road. The property is zoned C-2, Thoroughfare Commercial, RSF-4, Residential Single-Family, 4 units per acre, and R-A, Residential Agricultural, contains approximately 2.45 acres. The request is to rezone the subject property to CS, Community Services. 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 nI1M�Q/' �L Previous Ordinance or Resolution# Departme ii Duedtbr Date Original Contract Date: -'� ��- OS - z Jl J Original Contract Number: City Attorney nn Date 9-3-20 inti Finance and Internal Services Director Date Received ingV-03-1OP01 : 15 RCVD Clerk's Office Chie of St f Date r Received in Mayor's Office M yor /! LWT ate Comments: Revised January 15, 2009 a e evi le THE CITY OF FAYETTEVILLE,ARKANSAS Y DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council �Q Thru: Jeremy Pate, Development Services DirectorQl From: Dara Sanders, Current Planner Date: September 2, 2010 Subject: RZN 10-3633 Berchtold RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance to rezone the subject property from C-2, Thoroughfare Commercial, RSF-4, Residential Single-family, 4 du/acre, and R-A, Residential Agricultural to CS, Community Services. (RZN 10-3633). BACKGROUND The subject property is located on Huntsville Road, two (2) lots west of the Huntsville/Crossover Road intersection, which is developed for commercial uses including a gas station and a strip mall. The 2.45-acre tract contains a vacant single-family dwelling and accessory structures at the northern portion and the 100-year Floodplain crosses the property at the southwest corner, as indicated on the attached maps. The property is regulated by three different zoning districts: the northern half is subject to the regulations of the RSF-4, Residential Single-family 4 dwelling units/acre, the southern half is subject to the regulations of the R- A, Residential Agricultural, and a small, unbuildable portion of C-2, Thoroughfare Commercial is located along the east property line. DISCUSSION On August 30, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 9-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3633, FOR APPROXIMATELY 2.45 ACRES, LOCATED AT 2409 HUNTSVILLE ROAD FROM C-2, THOROUGHFARE COMMERCIAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, AND R-A, RESIDENTIAL AGRICULTURAL, TO CS, COMMUNITY SERVICES ZONING DISTRICT 13E 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, RSF-4, Residential Single Family, 4 units per acre, and R-A, Residential Agricultural to CS, Community Services, 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. PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN1O-3633 MBC HOMES LLC Close Up View NEED. L pLMES D `s SUBJECT PROPERTY RU "� SFi W.4 �'. S ! 1 Zf 1 R 1 HELEN S7 ,.i $F.9 RX RPIP LGg �`r : ursf + 9 N1(J-36 3 _ _;,,,,,Footprints 2010 Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay D itrict ---- Planning Area 0 125 250 500 750 1,000 Fayetteville Feet i EXHIBIT "B" RZN 10-3633 PARCEL NUMBER 765-15197-000 PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING IN THE CENTER OF THE HUNTSVILLE ROAD AT A POINT WHICH IS 511.5 FEET SOUTH AND 332.64 FEET SOUTH 83 DEGREES 30 MINUTES WEST FROM THE NORTHEAST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE SOUTH 02 DEGREES 30 MINUTES EAST 526 FEET; THENCE SOUTH 83 DEGREES 00 MINUTES WEST 174.9 FEET; THENCE NORTH 30 DEGREES 57 MINUTES WEST 71.94 FEET, THENCE NORTH 02 DEGREES 30 MINUTES WEST 473.2 FEET; THENCE NORTH 86 DEGREES 37 MINUTES EAST 208.60 FEET TO THE POINT OF BEGINNING, CONTAINING 2.45 ACRES, MORE OR LESS. Ta •ye evl e PC Meeting of August 30, 2010 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: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: e.•,... W Updated September 1, 2010 RZN 10-3633: Rezoning (MBC HOMES LLC, WILLY BERCHTOLD, 565): Submitted by WILLY BERCHTOLD for property located at 2409 HUNTSVILLE ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 DWELLING UNITS/ACRE, and R-A, RESIDENTIAL AGRICULTURAL and contains approximately 2.45 acres. The request is to rezone the subject property from the C-2, RSF-4, R-A zoning districts to the CS, Community Services zoning district. Planner: Dara Sanders BACKGROUND: Property Description: The subject property is located on Huntsville Road, two(2) lots west of the Huntsville/Crossover Road intersection, which is developed for commercial uses including a gas station and a strip mall. The 2.45-acre tract contains a vacant single-family dwelling and accessory structures at the northern portion and the 100-year Floodplain crosses the property at the southwest corner, as indicated on the attached maps. The property is regulated by three different zoning districts: the northern half is subject to the regulations of the RSF-4,Residential Single-family 4 dwelling units/acre,the southern half is subject to the regulations of the R-A, Residential Agricultural, and a small, unbuildable portion of C-2, Thoroughfare Commercial is located along the east property line. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site North Single-family dwellings RSF-4, Residential Single-family,4 du/acre Undeveloped, West Fork of the White R-A, Residential Agricultural South River Single-family dwelling RSF-4, Residential Single-family, 4 du/acre West E-A, Residential Agricultural East Vacant Commercial Lot C-2,Thoroughfare Commercial Proposal: The applicant has submitted an application to rezone the property from C-2, G:IETCIDerelopment Services Review1201O Development Review) O-3633 RZN2409 Huntsville Roa&03-Planning Cammissionl8-30-10 Planning Commission Foi wr arde(00-3633 PLNG Commems.doc Thoroughfare Commercial, RSF-4, Residential Single-family, 4 du/acre, and R-A, Residential Agricultural to CS,Community Services.The applicant has indicated to staff that the purpose for this rezoning is to facilitate future residential and nonresidential development on the site. Public Comment: Staff has not received public comment on this particular request. RECOMMENDATION: Staff recommends forwarding RZN 10-3633 to the City Council with a recommendation of approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: August 30, 2010 ❑ Tabled x Forwarded ❑ Denied Motion: Chesser Second: Earnest Vote: 9-0-0 CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: INFRASTRUCTURE: Streets: The site has access to Huntsville Rd. Huntsville Rd. is a fully improved three lane state highway in this location. This portion of the highway is scheduled for widening as part of the Transportation Bond Program. Water: There is an 8"public main located along the south side of Huntsville Rd. in front of this property. Public water-main improvements may need to be extended through the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is a 15" public main located along the middle of this property. Public mains may need to be extended through the property to serve any proposed 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 would not create an appreciable or undesirable increase in the load on police services due to recent revisions to the Unified Development Code. G:IEICiDevelopment Services Review120101Developmenl Reviewg0-3633 RZN 2409 Huntsville RoadiO3-Planning Commissionl8-3040 Planning Commission Forwarde&10-3633 PLNG Comments.doe Fire: The Fayetteville Fire Department does not feel this development will affect calls for service or response times. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area, which encourages complete, compact and connected neighborhoods with low-intensity nonresidential uses, a range ofresidential uses, and a high level of connectivity between neighborhoods. 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: Staff finds that the Community Services (CS)zoning district is consistent with the City's planning policies and City Plan 2025 to convert commercial corridors to mixed-use centers (see Goal 1); to discourage suburban sprawl(Goal 2); and to make traditional town form the standard (Goal 3). Staff finds that the development of the subject property in the urban form of the CS zoning district is consistent with the City's policies and could result in the redevelopment and/or infill of the commercial properties to the east. Staff also finds that the proposed zoning district is consistent with the Future Land Use designation of City Neighborhood Area, which promotes the use of low-intensity non-residential uses. This zoning would provide the opportunity for nonresidential uses that are accessible for the convenience of individuals living in the area and would potentially reduce the length and number of vehicle trips generated by residential development. Many of the permitted uses included in the CS zoning district are low-intensity uses that when combined with the prescribed urban form will result in compatibility with the existing residential uses along this busy transportation corridor. The prescribed form would also encourage development away from the floodplain located at the southwest corner of the property. Further the CS zoning district will contribute to building a traditional, pedestrian-oriented, urban streetscape. Staff finds that land use planning principles and policies should not oily consider the way in which the property will develop in the near future but also the way in which the property could redevelop in the long-term.Staff finds that the permitted and conditional uses included in the CS zoning district and the associated design requirements would allow for multiple uses on the property in G:ETODeveloymenl Services Review120101Developnrem Reviem110-3633 RM 3409 Huntsville 2oad103-Planning Convnissionl8-30-10 Planning Commission 1'o,wmele&JO-3633 PLNG Caomenis.doc