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HomeMy WebLinkAboutOrdinance 5412 1111111 111111 iii 11111 iiCoo ii 11111�ii7TyPi 11111 11111 11111 11111 11111 i�- RE 1111 iii Klnd: ORDINANCE Recorded: 08/30/2011 at 11:04:12 AM Fee Amt: 525.00 Paae 1 of 3 Washington Countv. AR Bette stemas Ciroup Clerk FS1e2011-00017966 ORDINANCE NO. 5412 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3799, FOR APPROXIMATELY 1.43 ACRES, LOCATED AT THE CORNER OF MOUNT COMFORT ROAD AND OAKLAND AVENUE FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE 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 RMF-24, Residential Multi-Family, 24 units per acre 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 7h day of June, 2011. APPROVED: ATTEST: By: '! By: �itn c O ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer •FAYETTEVILLE, %9y9:S;kAt4 T014 EXHIBIT "A" RZN11-3799 OAKLAND COURTS Close Up View HOLLY S7 ' { til ,ei ., t kOLLYSF ;1 •� �.•.r II �•I + 5 SUBJECT PROPERTY - � u1' �}�� �, e•I HATEL SF r MOUNT OOM,c Oq _i r i l !.. I p 1�4f E IV44 4 PRIVATE 1150 I ° 'j �'4 IHUGHES ST L rto .. � � o a n dh?Itd.,. rails` l vFootprints 2010 Hillside-Hilltop Ovi Way District Design Overlay Di Mrict Design Overlay DI trict ------ Planning Area Fayetteville 0 75 150 000 450 600 Fael EXHIBIT `B" RZN 11-3799 SURVEY DESCRIPTION-NEW LOT 13 ALL OF LOTS 3, 4, 5, AND 6 OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE#I-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 6, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02054'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 3, 4, 5, AND 6, A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE N87005'35"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 3, A DISTANCE OF 140.00 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2054'25"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 3, 4, 5, AND 6, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 28,000 SQUARE FEET OR 0.64 ACRES, MORE OR LESS. SURVEY DESCRIPTION - NEW LOT 12 ALL OF LOTS 7, 8, 9, 10, AND I 1 OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE 41-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 7, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02054'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 270.80 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT I 1 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE N66°59'34"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 11, A DISTANCE OF 149.08 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT I 1 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2°54'25"E,ALONG THE WEST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 219.57 FEET TO THE POINT OF BEGINNING AND CONTAINING 34,326 SQUARE FEET OR 0.79 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 06/30/2011 11:04:12 AM and recorded in Real Estate File Number 2011.00017966 Bette Sta s- it 't Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/7/2011 City Council Meeting Date Agenda Items Only Data Sanders Planning Development Services Submitted By Division Department Action Required: RZN 11-3799: (Corner of Mount Comfort and Oakland Avenue/Oakland Courts, 405): Submitted by Robert Sharp Architect, Inc. for property located at the corner of Mount Comfort and Oakland Avenue. The property is zoned RMF- 24, Residential Multi-Family, 24 Units per acre and contains approximately 1.43 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 �I _0642*011 Previous Ordinance or Resolution# Department Di: r Date Original Contract Date: -' - 5- z-'f L Original Contract Number: City Attorney Date A)«A Finance and Internal Services Director Date Received in City Clerk's Office Chief of Staff Date Received in _ Mayor's Office ay D to Comments RP.viFP.d.lanuary 15 700Ei Ta �/TeqL—ville THE CITY OF FAYETTEVILLE,ARKANSAS 1DEPARTMENT CORRESPONDENCE NSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Directj From: Dara Sanders, Current Planner Date: May 11, 2011 Subject: RZN II-3799 (Oakland Courts) RECOMMENDATION Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RMF- 24, Residential Multi-family 24 dwelling units/acre, to CS, Community Services. BACKGROUND The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort, Oakland Avenue, Hazel Street, and Storer Avenue. This site is located north of North Street and the University of Arkansas and is located near several existing bus stops. The request is to rezone the property from RMF- 24, Residential Multi-family 24 dwelling units/acre, to CS, Community Services. The applicant has stated that the intent is to develop the subject property for multi-family residences along Oakland Avenue, Hazel Street, and Storer Avenue and for nonresidential uses along Mount Comfort Road, which is accessed directly from North Street. DISCUSSION On May 2, 2011 the Planning Commission forwarded this item 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 11-3799, FOR APPROXIMATELY 1.43 ACRES, LOCATED AT THE CORNER OF MOUNT COMFORT ROAD AND OAKLAND AVENUE FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE 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 RMF-24, Residential Multi-Family, 24 units per acre 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/Treasurer EXHIBIT "A" RZN11-3799 OAKLAND COURTS close Up view HOLLY ST - {� a ' fldl 44 fill HOLLY ST 14 0 SUBJECT PROPERTY c.I 6rpVN oz HAZEL ST T� M�rRD PRIVATE IT50 w zi0 z 0 a HUGHES ST '¢ 0 0.D L0 Ahill. w � � w IV11-379 �� Mutl-Use Trail(EA9 0 Future Trails ,,Footprints 2010 - Hillside-Hilltop Ovi irlay District Design Overlay Di trict Design Overlay Di lrict ------ Planning Area Fayetteville ° 15 150 30 450 Wo r�„I EXHIBIT "B" RZN 11-3799 SURVEY DESCRIPTION- NEW LOT 13 ALL OF LOTS 3, 4, 5, AND 6 OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE#1-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY,ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 6, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 6 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02°54'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 3,4, 5, AND 6,A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP(PS 1496); THENCE N87'05'35"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 3, A DISTANCE OF 140.00 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2°54'25"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 3,4, 5, AND 6,A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 28,000 SQUARE FEET OR 0.64 ACRES, MORE OR LESS. SURVEY DESCRIPTION -NEW LOT 12 ALL OF LOTS 7, 8, 9, 10, AND 1 I OF BLOCK 16 OF THE CORRECTED PLAT OF SOUTH 680 FEET OF COLLEGE ADDITION RECORDED AS FILE #1-20 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S87°05'35"E,ALONG THE NORTH LINE OF THE ABOVE SAID LOT 7, A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF THE ABOVE SAID LOT 7 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02°54'25"W, ALONG THE EAST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 270.80 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT 11 BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE N66°59'34"W,ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 11, A DISTANCE OF 149.08 FEET TO THE SOUTHWEST CORNER OF THE ABOVE SAID LOT I I BEING A SET 5/8" REBAR W/CAP (PS 1496); THENCE NO2°54'25"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 7, 8, 9, 10, AND 11, A DISTANCE OF 219.57 FEET TO THE POINT OF BEGINNING AND CONTAINING 34,326 SQUARE FEET OR 0.79 ACRES, MORE OR LESS. TayMefille PC Nifee ing of Apfil 25 2011 RKANSAS Rescheduled PC Meeting of May 2, 2011 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: A par S, 2414 Updated May 11, 2011 RZN 11-3799: Rezone (CORNER OF MT. COMFORT RD. & OAKLAND AVE./OAKLAND COURTS,405): Submitted by ROBERT SHARP ARCHITECT,INC. for property located at the comer of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned RMF-24,RESIDENTIAL MULTI-FAMILY, 24 UNITS/ACRE and contains approximately 1.43 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Planner: Dara Sanders BACKGROUND: Property Description and History: The project boundary contains approximately 1.43 acres and is made up of seven undeveloped lots bounded by Mount Comfort,Oakland Avenue,Hazel Street,and Storer Avenue. This site is located north of North Street and the University of Arkansas and is located near several existing bus stops. The properties to the north and south are primarily multi- family residences with nonresidential services to the east and west. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site Single- and Multi-family residences RMF-24,Residential Multi-family,24 units/acre North RMF-40,Residential Multi-family,40 units/acre Single-and Multi- family residences RMF-40,Residential Multi-family, 40 units/acre South R-O, Residential Office Single-and Multi-family residences RMF-24,Residential Multi-family, 24 units/acre Retail, eating places, office, and C-2, Thoroughfare Commercial West gasoline stations Single-and Multi- family residences RMF-24,Residential Multi-family, 24 units/acre East Offices and the St. James Church R-O, Residential Office Proposal: The request is to rezone the property from RMF- 24, Residential Multi-family 24 dwelling units/acre,to CS, Community Services.The applicant has stated that the intent is to develop the subject property for multi-family residences along Oakland Avenue, Hazel Street, and Storer Avenue and for nonresidential uses along Mount Comfort Road, which is accessed directly from North Street. Public Comment• Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding RZN 11-3799 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: May 2,2011 ❑Tabled ❑ Forwarded ❑Denied Motion: Kennedy Second: Winston Vote: 9-0-0 CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: INFRASTRUCTURE: Streets: The site has access to Mt. Comfort Road, Oakland Avenue, Hazel Street, and Storer Avenue. Mount Comfort Road is an improved two lane city street in this location; however, Oakland Avenue,Hazel Street, and Storer Avenue are unimproved paved two-lane city streets along this property frontage. Street improvements will be evaluated at the time of development submittal. Water: Public water is available to the property. There is 1" water main on the east side of Oakland Avenue, a 1"main on the south side of Hazel Street, and a 1.25" main on the west side of Storer Avenue. Public water main improvements may need to be extended to 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 west side of Oakland Avenue and along the west side if Storer avenue. Public sewer improvements will be evaluated at the time of development submittal. Drainage: Standard improvements and requirements for drainage will be evaluated at the time of development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department does to find that this request will cause a substantial call volume increases or traffic danger and congestion problems. Fire: The Fayetteville Fire Department has not expressed concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area. 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: The City of Fayetteville's planning principles encourage the creation of identifiable and self-sustaining neighborhoods that vary in location-specific intensity and contain an appropriate mixture of uses that offer services within walking distance and are adaptable to change over time.The subject property is designated as "City Neighborhood Area",which encourages complete,compact, and connected neighborhoods with a dense and primarily residential urban fabric and a mixture of low-intensity nonresidential uses that are usually confined to corner locations. The guiding policies in this land use designation are to provide a mixture of uses to serve the surrounding residences,to utilize principles of traditional residential urban design, and to develop strategies to encourage density sufficient to support public transit, and to encourage pedestrian-friendly buildings that address the street. The undeveloped site is located in a neighborhood that was platted in 1928 to be a dense and connected neighborhood with narrow lots and alley access. However, the majority of this neighborhood was developed for multi-family apartment buildings and complexes in the 1950s and 1980s, according to Washington County property information,and the surrounding nonresidential services are located primarily within conventional developments in the strip commercial form.While redevelopment and infill is highly likely in this area in the near future, the bulk and area requirements of the existing underlying zoning districts may not be appropriate to achieve the desired form associated with the City Neighborhood Area land use designation. Staff finds that the request to rezone the subject property to CS, Community Services is consistent with the stated principles and policies, as well as several goals of City Plan 2025, as the associated regulations encourage a density sufficient to support public transit and requires traditional urban design.The subject property is a desirable location to encourage infill development,and the CS zoning district will allow for a mixture of uses and require pedestrian- friendly building form and design. While the CS zoning district does permit some uses that could be incompatible with the residences to the north of the property,such as retail establishments of up to 25,000 square feet,gasoline service stations and drive through restaurants,