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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 FR TR4s`' P Z— ;FAYETTEVILLE° vas y�9RKANS��J�e� 'OP�sy�G e�a�;AGO°°e EXHIBIT "A" RZN10-3724 BOUDREAUX (THIEL) Close Up View MILLER ST 0 30 RSF4 ¢ 7m > ;y :o w c� SUBJECT PROPERTY ASH ST ¢ i pRT•12. RA 3 -:SYCAMORE ST.-. - 1 3 ti t { NATURALWAY RPLD w J e Trail (Exlstin � i w Future Trails a ;tj o y.lFootprints 2010 - Hillside-Hilltop Overlay District 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) Close Up View MILLER ST 0 a o - A � •m ftSF-0 ; i W •� Q :A W W SUBJECT PROPERTY ASH ST w a 0 RT•12 R 0 O ...... ........ SYCAMOAEST ..uuuu. +s� ! r �i,, NATURAL WAY a # 1- ; ® (Ae t et d RPZe U ltr Use Trail (Existing)',' + 7tS'g Future Trails o „,Footprints 2010 - Hillside-Hilltop Ovi flay District 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,