HomeMy WebLinkAboutOrdinance 5384 Kind. ORDINANCE
Recorded: 03/03/2011 at 03:9066100113 'e'20:29 PM
Fee Amt: $25.00 PaQe 1 of 3
Feehinaton County. AR
F11e20181-00006083
ORDINANCE NO. 5384
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 10-3724, FOR APPROXIMATELY 1.61 ACRES,
LOCATED AT 120 AND 124 SYCAMORE STREET FROM R-O,
RESIDENTIAL OFFICE, TO CS, COMMUNITY SERVICES
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-O, Residential Office 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 3`d day of February, 2011.
APPROVED: ATTEST:
Y4
By: By: &6&u 1E . X
0101�ELD JO",Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "A"
RZN10-3724 BOUDREAUX (THIEL)
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Design Overlay Di trict
Design Overlay Di trict
------ Planning Area
0 125 250 500 750 1,000
Fayetteville Foe
EXHIBIT "B"
RZN 10-3724
A PART OF THE SOUTHWEST QUARTER(SW 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION THREE (3), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY
(30) WEST, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN
EXISTING BRASS CAP IN SYCAMORE STREET; THENCE NO1°03'40"E 295.17 FEET
ALONG THE WEST LINE OF SAID 40 ACRES TRACT TO A EXISTING IRON REBAR;
THENCE S88020'1 5"E 237.08 FEET TO A SET Yz" IRON REBAR; THENCE S01°03'40"W
295.17 FEET TO A SET COTTON SPINDLE ON THE SOUTH LINE OF SAID 40 ACRE
TRACT, SAID POINT BEING IN SYCAMORE STREET; THENCE N88020'1 5"W 237.08
FEET TO THE POINT OF BEGINNING, CONTAINING 1.61 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1.61
ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF SYCAMORE STREET
ALONG THE ENTIRE SOUTH BOUNDARY AND ANY OTHER EASEMENTS AND/OR
RIGHTS-OF-WAY WHETHER OR NOT OF RECORD.
Washington County, AR
I certify this instrument was filed on
03/03/2011 03:20:29 PM
and recorded in Real Estate
File Number 2011-00006083
Bette Stamp ircuit CI
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/1/2011
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 10-3724: (Boudreaux/Thiel, 120 & 124 Sycamore Street, 368): Submitted by BRENDA BOUDREAUX for
property located at 120 & 124 SYCAMORE STREET. The property is zoned R-O, Residential-Office and contains
approximately 1.28 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
61 IPrevious Ordinance or Resolution#
De ment C ector Uete
Original Contract Date:
Original Contract Number:
Attorney U Date
Finance and Internal Services Director Date Received in City C 1-1 4- I 1 A 0 8 : 2 6 R C V D
Clerk's Office
Chief of Ste Date Ef T
Received in <
Mayor's Office
Ma % Date
Comments: l
Revised January 15, 2009
ae evi le THE CITY OF FAYETT ENTCORARKANSAS
Y DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Data Sanders,Current Planner
Date: January 13, 2011
Subject: RZN 10-3724(Boudreaux)
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance rezoning the property from R-O, Residential
Office,to CS, Community Services (RZN 10-3724).
BACKGROUND
The subject property is located west of College Avenue and Sycamore Street and is developed with two single-
family dwellings that were constructed in 1925 and 1940. The surrounding land uses include commercial to the
east and multi-family to the west.
The applicant has submitted an application to rezone the property from R-O, Residential Office to CS,
Community Services.
DISCUSSION
On January 10, 2011 the Planning Commission forwarded this request to the City Council with a recommendation
for approval with a vote of 9-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 10-3724, FOR
APPROXIMATELY 1.28 ACRES, LOCATED AT 120 AND 124
SYCAMORE STREET FROM R-O, RESIDENTIAL OFFICE,
TO CS, COMMUNITY SERVICES
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 R-O, Residential Office 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 day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/1'reasurer
EXHIBIT "A"
RZN10-3724 BOUDREAUX (THIEL)
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Design Overlay Di trict
Design Overlay Di itrict
------ Planning Area
0 125 250 500 750 1,000
Fayetteville Fee
EXHIBIT "B"
RZN 10-3724
A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION THREE (3), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY
(30) WEST, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN
EXISTING BRASS CAP IN SYCAMORE STREET; THENCE NO1°03'40"E 295.17 FEET
ALONG THE WEST LINE OF SAID 40 ACRES TRACT TO A EXISTING IRON REBAR;
THENCE S88020'15"E 237.08 FEET TO A SET Y2" IRON REBAR; THENCE SOI°03'40"W
295.17 FEET TO A SET COTTON SPINDLE ON THE SOUTH LINE OF SAID 40 ACRE
TRACT, SAID POINT BEING IN SYCAMORE STREET; THENCE N88'20'1 5"W 237.08
FEET TO THE POINT OF BEGINNING, CONTAINING 1.61 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1.61
ACRE TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF SYCAMORE STREET
ALONG THE ENTIRE SOUTH BOUNDARY AND ANY OTHER EASEMENTS AND/OR
RIGHTS-OF-WAY WHETHER OR NOT OF RECORD.
T"
aye ev le PC Meeting of January 10, 2011
ARI(ANSAS
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: � Updated January 13, 2011
RZN 10-3724:Rezoning(BOUDREAUX(THIEL),368): Submitted by BRENDA BOUDREAUX
(THIEL)for property located at 120 AND 124 SYCAMORE STREET. The property is zoned R-O,
RESIDENTIAL-OFFICE and contains approximately 1.28 acres. The request is to rezone the
subject property to CS, Community Services. Planner: Dara Sanders
BACKGROUND:
The subject property is located west of College Avenue and Sycamore Street and is developed with
two single-family dwellings that were constructed in 1925 and 1940. Surrounding land uses are
shown in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Woodland Junior High P-1,Institutional
South Vacant commercial building, C-2,Thoroughfare Commercial
_ medical office
East Office building, vacant C-2, Thoroughfare Commercial
restaurants ace
West Multi-family residential RT-12, Residential Two-and Three-family
Proposal., The applicant has submitted an application to rezone the property from R-O,Residential
Office to CS, Community Services.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding RZN 10-3724 to the City Council with a recommendation of approval
based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: 01-10-11 0 Tabled x Forwarded 0 Denied
Motion: Kennedy Second: Cabe Vote: 9-0-0
CITY COUNCIL ACTION: Required YES
0 Approved 0 Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Sycamore St. Sycamore St. is a fully improved two lane city
street in this location. Street improvements will be evaluated at the time of
development.
Water: Public water is available to the property. There is an 8" public main located along
the north side of Sycamore St. adjacent to 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 6" public main located along the
east and north sides this property. Public mains may need to be extended through
the property to serve any proposed development The capacity of the existing mains
may need to be evaluated with any proposed development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is not affected by the 100-year floodplain.
Police: The Fayetteville Police Department has not objected to this request.
Fire: The Fayetteville Fire Department has not objected to this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as Urban Center Area, which is a mixed use area that contains taller buildings
and has the most intense and dense development patterns within the City.
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 nodes to
mixed-use centers (see Goal 1); to discourage suburban sprawl (Goal 2); to
make traditional town form the standard (Goal 3); and to density in highly
walkable areas along logical future transit routes (see Goal 3).
Staff also finds that the proposed zoning is consistent with the City's Urban Center
Area land use designation to encourage a mixture of uses in a more efficient and
traditional development pattern. The CS zoning district allows for all residential
types(single-to multi-family)and a variety of non-residential uses in an urban form
with a build-to zone and a minimum buildable street frontage of 65%, which
requires that the majority of street frontage be constructed with a primary facade.
It is staffs opinion that the applicant's proposal will provide an appropriate
transition between the C-2 zoning district to the east,which allows a wide variety of
intense and commercial uses, and the residential neighborhood to the west.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning request for the subject property is not needed at this
time,as the property could be redeveloped under the R-O zoning district as any
of the nonresidential permitted and conditional uses listed in the attached
zoning regulations, which would allow for businesses such as a professional
office, a retail store, and a restaurant without a drive-thru. Therefore,
considering the permitted and conditional uses allowed with the underlying R-O
zoning district, staff finds that the current zoning does not prohibit reasonable
use of the subject property and can potentially provide goods and services to the
surrounding neighborhoods.
However, staff also finds that development of the subject property in
conformance with the bulls and area requirements of the underlying R-O zoning
district would continue the conventional, suburban development pattern in
close proximity to a commercial node along College Avenue that is likely to
redevelop in the near future due to the age and condition of the surrounding
structure. Because the proposed CS zoning district would require the property
to develop in a traditional and urban form with the building at the street and
permit a mixture of residential dwelling types in conformance with the goals
and objectives of City Plan 2025, staff finds that the proposal is justified.
3. A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: It is expected that a rezoning from R-O to CS could create an increase in traffic
compared with that allowed under the existing zoning. Access to and from the
subject property will be reviewed at the time of development and will be subject
to the access and curb cut distance requirements outlined in Chapter 166.08,
Street Design and Access Management Standards.
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 result in adverse impacts to public
services, as the subject property is located adjacent to a fully improved street and
has access to public utilities.
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: Not applicable. Staff is recommending approval.
ENGINEERING DIVISION COMMENTS:
RZN 10-3724. Rezoning (BOUDREAUX (THIEL), 368): Submitted by BRENDA
BOUDREAUX (THIEL) for property located at 120 AND 124 SYCAMORE STREET. The
property is zoned R-0, RESIDENTIAL -OFFICE and contains approximately 1.28 acres. The
request is to rezone the subject property to CS, Community Services.
Planner: Dara Sanders
Public water is available to the property. There is an 8" public main located along the north side
of Sycamore St. adjacent to this property. Public water main improvements may need to be
extended through the property to provide domestic and fire flow for any proposed development.
Sanitary sewer is available to the site. There is a 6" public main located along the cast and north
sides this property. Public mains may need to be extended through the property to serve any
proposed development. The capacity of the existing mains may need to be evaluated with any
proposed development.
The site has access to Sycamore St. Sycamore St. is a fully improved two lane city street in this
location. Street improvements will be evaluated at the time of development.
Standard improvements and requirements for drainage will be required for any development.
This property is not affected by the 100-year floodplain.
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
Zoning Review
To: Dara Sanders
From: Terry Lawson, Fire Marshal
Date: January 13, 2011
Re: RZN 10-3724: Rezoning (BOUDREAUX (THIEL), 368): Submitted by BRENDA BOUDREAUX (THIEL) for property
located at 120 AND 124 SYCAMORE STREET
This development will be protected by Engine 2 located at 120 and 124 Sycamore Street.
It is 2 miles from the station with an anticipated response time of 3 minutes to the beginning of the
development.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our
response times.
If you have any questions please feel free to contact me.
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
RZN10-3724 BOUDREAUX (THIEL)
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Overview Legend RZ 10-3724
Subject Property
®RZN10-3724 [_! Desi n Overlay District
�_- 4 ❑ ? ! Boundary _ _ _; Plan ing Area
FaYE tteville
0 0.25 0.5 1
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RZN 10-37241 BOUDREAUX (THIEL)
Future Land Use
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Design Overlay Di trict
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0 125 250 500 750 1,000
Fayetteville Fe
NORTHWEST ARKANSAS
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February 17, 2011
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