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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,
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EXHIBIT "A"
RZN11-3799 OAKLAND COURTS
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Design Overlay Di Mrict
Design Overlay DI trict
------ Planning Area
Fayetteville
0 75 150 000 450 600
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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
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,,Footprints 2010
- Hillside-Hilltop Ovi irlay District
Design Overlay Di trict
Design Overlay Di lrict
------ Planning Area
Fayetteville ° 15 150 30 450 Wo
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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,