HomeMy WebLinkAboutOrdinance 5421 I� iii�ulliiilli�illlillilM`Iliililliiiiliilliiiiiillllllllllllllllll``
Doc ID: 014157930004 Type: REL
Kind: ORDINANCE
Recorded: 08/15/2011 at 03:52:07 PM
Fee Amt: $30.00 Pace 1 of 4
Washington Countv. AR
Bette Stamps Circuit Clerk
Fi1e2011-00022955
ORDINANCE NO.5421
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3857, FOR APPROXIMATELY 12 ACRES,
LOCATED AT 510 WEST 11TH STREET AND 989 SOUTH SCHOOL
AVENUE (THE SALE BARN) FROM RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS/ACRE, I-1, HEAVY COMMERCIAL/LIGHT
INDUSTRIAL, AND DG, DOWNTOWN GENERAL TO CS, COMMUNITY
SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas herby changes the
zone classification of the following described property from RMF-24, Residential Multi-Family,
24 units/acre, I-1, Heavy Commercial/Light Industrial, and DG, Downtown General to CS,
Community Services, as shown on Exhibits"A" and`B"attached hereto and made a part hereof
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this 196' day of July, 2011.
APPROVED: ATTEST:
By:
LIO A LD JO ,Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "Avg
RZN11-3857 SALE BARN
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- hillside-Hilltop Ovi trlay District
Design Overlay DI strict
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------ Planning Area
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EXHIBIT `B"
RZN 11-3857
989 S. SCHOOL:
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 21, IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, OF THE 5T" P.M., MORE
PARTICULARLY DESCRIBED AS ALL OF LOTS NUMBERED FIVE (5), SIX (6), SEVEN
(7) AND EIGHT (8) AND A PART OF LOTS NUMBERED SIXTEEN (16), SEVENTEEN
(17), EIGHTEEN (18), NINETEEN (19), AND TWENTY (20) ALL IN BLOCK NUMBERED
SEVENTEEN (17) IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ALL
DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBERED
FIVE (5) ON THE WEST LINE OF SCHOOL STREET IN SAID BLOCK, AND RUNNING
THENCE WEST TWO HUNDRED EIGHTY-FOUR (284) FEET TO A POINT SIXTEEN (16)
FEET EAST OF THE NORTH WEST CORNER OF LOT NUMBERED TWENTY (20) IN
SAID BLOCK; THENCE SOUTH TWO HUNDRED FIFTY (250) FEET TO THE SOUTH
LINE OF SAID LOT NUMBERED SIXTEEN (16) AT A POINT SIXTEEN (16) FEET EAST
OF THE SOUTHWEST CORNER OF SAID LOT; THENCE EAST ONE HUNDRED
THIRTY-FOUR (134) FEET; THENCE NORTH FIFTY (50) FEET; THENCE EAST ONE
HUNDRED FIFTY (150) FEET TO THE SOUTHEAST CORNER OF SAID LOT EIGHT (8)
AT A POINT ON WEST LINE OF SCHOOL STREET; THENCE NORTH ALONG THE
WEST LINE OF SAID STREET TWO HUNDRED FEET TO THE PLACE OF BEGINNING.
AND
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5T" P.M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST
CORNER OF LOT NUMBERED EIGHT (8) IN BLOCK NUMBERED SEVENTEEN (17) IN
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND
RUNNING THENCE WEST SIX (6) FEET, THENCE SOUTH FIFTY (50) FEET, THENCE
EAST SIX(6) FEET, THENCE NORTH FIFTY (50) FEET TO THE POINT OF BEGINNING.
SALE BARN PROPERTY:
PART OF THE NW/4 OF THE NE/4 AND PART OF THE NEA OF THE NW/4 OF SECTION
21, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID
NW/4 OF THE NE/4; THENCE SO°46'21"W ALONG THE WEST LINE OF SAID FORTY
230.00 FEET; THENCE S71°53'27"E 18.86 FEET TO THE POINT OF BEGINNING AND
RUN THENCE S71053'27"E 414.70 FEET TO A FOUND IRON PIN, WHICH IS 16 FEET
EAST OF THE NORTHWEST CORNER OF BLOCK 16 OF FERGUSON'S ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE SO°07'02"E 795.21 FEET TO THE
SOUTH LINE OF LOT 16, BLOCK 17, OF SAID FERGUSON'S ADDITION; THENCE
S89010'06"E 32.00 FEET TO A FOUND IRON PIN; THENCE SO°49'54" W 170.06 FEET TO
THE SOUTH LINE OF SAID NW/4 OF THE NE/4; THENCE S89°18'05"W ALONG SAID
SOUTH LINE 379.82 FEET TO THE EAST LINE OF DUNN STREET; THENCE
N0049'05"W ALONG SAID EAST LINE 490.17 FEET TO THE NORTH LINE OF
NATIONAL STREET; THENCE N87°19'20"W ALONG SAID NORTH LINE 250.49 FEET
TO THE EAST LINE OF GOVERNMENT AVENUE; THENCE NO°40'27"E ALONG SAID
EAST LINE 398.45 FEET; THENCE S88°35'28"E ALONG AN EXISTING FENCE 204.31
FEET; THENCE NO°46'21"E ALONG AN EXISTING CHAIN LINK FENCE 204.05 FEET
TO THE POINT OF BEGINNING AND CONTAINING 10.95 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS.
THE ABOVE DESCRIPTION COVERS ALL UNOPENED STREETS AND ALLEYS
WITHIN THE ABOVE DESCRIBED BOUNDARY OF ALL BLOCKS 18 AND 19; THE
WEST 16 FEET OF BLOCK 16; THE WEST 16 FEET OF LOTS 16 TO 24 INCLUSIVE,
BLOCK 17; THE WEST 48 FEET OR THE WEST 1/3 OF LOTS 13, 14 AND 15 OF BLOCK
17 AND PART OF LOT 6 OF BLOCK 20 OF FERGUSON'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS.
SUBJECT TO THE RIGHT OF WAY OF ELEVENTH STREET ALONG THE SOUTH SIDE
OF THE ABOVE DESCRIBED TRACT.
Washington bounty,Ara
I certify this instrument was filed on
08115/2011 03:52:07`P M
and recorded in Real Estate
File Number 2011-00022955
Bette Stamps-Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/19/2011
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3857: Rezone (510 WEST 11TH STREET/989 SOUTH SCHOOL AVENUE/SALE BARN, 562): Submitted by
JUSTIN EICHMANN for property located at 510 WEST 11TH STREET and 989 SOUTH SCHOOL AVENUE (THE
SALE BARN). The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS/ACRE, 1-1, HEAVY
COMMERCIAL/LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contains approximately 12.00 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
Q06- i.9A11 Previous Ordinance or Resolution#
Department a or Date
Original Contract Date:
Original Contract Number:
City Attorne Date
4111VII I
Aran a and Internal Services Director ate I/ Received in City 6-3 0-1 1 P 0 1 :20 R C V D
Clerk's Office '/ r�
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hie of Sta �- D�
Received in EpjTE1iE9
Mayor's Office 3
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Way& ate
Comments:
Revised January 15, 2009
Fayr
i Ie THECITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
NSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director (�
From: Dara Sanders, Current Planner
Date: June 29, 2011
Subject: RZN 11-3857 (SaleBam)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from I-1, Heavy
Commercial/Light Industrial, RMF-24, Residential Multi-family, 24 units/acre, and DG, Downtown General to CS,
Community Services
BACKGROUND
The subject property, located south of Martin Luther King Jr. Boulevard and west of South School, was developed in
1950 as the Washington County Sale Bam(see attached aerial imagery). The 12-acre project boundary has frontage onto
South School, I Vh Street, Dunn Avenue, National Street, and Government Avenue and includes several lots encompassed
by three zoning districts: I-1, Heavy Commercial/Light Industrial, RMF-24, Residential Multi-family, 24 units/acre, and
DG, Downtown General.
In May of 2009, the property owner submitted a rezoning application for approximately 8.87 acres of the subject property,
which excluded the property with frontage onto South School Avenue and two large parcels adjacent to Government
Avenue, proposing to rezone the property from I-1, Heavy Commercial/Light Industrial to RMF-24, Residential Multi-
family, 24 units/acre to DG, Downtown General. After much discussion and public comment, primarily related to the
adjacent National Cemetery's plans for expansion in the future, the Planning Commission recommended approval of the
rezoning. The City Council, however, voted 3-4-1, and did not approve the rezoning.
The underlying RMF-24 and DG districts that encompass part of the property under consideration are consistent with the
City's land use planning objectives within City Plan 2025. Both are designed as form-based zoning districts that require
traditional town form with a build-to zone. The DG district allows for a mixture of residential and nonresidential uses,
while the RMF-24 zoning district is primarily designed to accommodate moderately dense multi-family uses.
The current underlying I-1 district, which regulates a majority of the subject property, is not consistent with the City's
planning policies or the future land use designation of City Neighborhood in this area of the city. The permitted uses in
the I-1 zoning district, which include warehousing, wholesale, manufacturing, and bulk petroleum storage facilities, are
not compatible with the surrounding residential, office, and commercial uses. These types of uses typically generate a
high volume of large truck traffic and produce noise, noxious odors, vibrations, and other nuisances that could be
detrimental to adjoining or surrounding uses. In addition, the proximity of the I-1 district to the National Cemetery, to the
west,is an incompatible zone.
The development pattern of the CS zoning district is consistent with and complementary to the existing community
character of the surrounding neighborhood dating back to the 1930s, particularly in an area that is transitional in use, from
higher intensity commercial along a busy arterial (to the north and east) to a single-family neighborhood (to the west).
Further, the CS zoning district incorporates both Nonresidential Design Standards and Urban Residential Design
THE CITY OF FAYETTEVILLE,ARKANSAS
Standards, which regulate building mass, scale, and design and requires pedestrian-oriented elements to be incorporated
into the site.
DISCUSSION
On June 27, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of approval
for the CS,Community Services zoning district with a vote of 6-1-0 (Commissioner Winston voted "no").
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3857, FOR
APPROXIMATELY 12 ACRES, LOCATED AT 510 WEST 11TH
STREET AND 989 SOUTH SCHOOL AVENUE (THE SALE
BARN) FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24
UNITS/ACRE, I-1, HEAVY COMMERCIAL/LIGHT
INDUSTRIAL, AND DG, DOWNTOWN GENERAL TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas herby changes the
zone classification of the following described property from RMF-24, Residential Multi-Family,
24 units/acre, 1-1, Heavy Commercial/Light Industrial, and DG, Downtown General to CS,
Community Services, as shown on Exhibits"A" and `B" attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amended
the official zoning map of the City of Fayetteville to reflect the zoning change provided in
Section 1.
PASSED and APPROVED this day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN11-3857 SALE BARN
Close Up View
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RZN11-3857
" Future Trails
!HFoolprints 2010
- Hillside-Hilltop Ov, rlay District
Design Overlay Di itrict
Design Overlay Di trict
------ Planning Area
0 150 360 000 900 1200,
Fayetteville ,�
EXHIBIT "B"
RZN 11-3857
989 S. SCHOOL:
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 21, IN TOWNSHIP 16 NORTH OF RANGE 30 WEST, OF THE 5TH P.M., MORE
PARTICULARLY DESCRIBED AS ALL OF LOTS NUMBERED FIVE (5), SIX (6), SEVEN
(7) AND EIGHT (8) AND A PART OF LOTS NUMBERED SIXTEEN (16), SEVENTEEN
(17), EIGHTEEN (18), NINETEEN (19), AND TWENTY (20) ALL IN BLOCK NUMBERED
SEVENTEEN (17) IN FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ALL
DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBERED
FIVE (5) ON THE WEST LINE OF SCHOOL STREET IN SAID BLOCK, AND RUNNING
THENCE WEST TWO HUNDRED EIGHTY-FOUR (284) FEET TO A POINT SIXTEEN (16)
FEET EAST OF THE NORTH WEST CORNER OF LOT NUMBERED TWENTY (20) IN
SAID BLOCK; THENCE SOUTH TWO HUNDRED FIFTY (250) FEET TO THE SOUTH
LINE OF SAID LOT NUMBERED SIXTEEN (16) AT A POINT SIXTEEN (16) FEET EAST
OF THE SOUTHWEST CORNER OF SAID LOT; THENCE EAST ONE HUNDRED
THIRTY-FOUR (134) FEET; THENCE NORTH FIFTY (50) FEET; THENCE EAST ONE
HUNDRED FIFTY (150) FEET TO THE SOUTHEAST CORNER OF SAID LOT EIGHT (8)
AT A POINT ON WEST LINE OF SCHOOL STREET; THENCE NORTH ALONG THE
WEST LINE OF SAID STREET TWO HUNDRED FEET TO THE PLACE OF BEGINNING.
AND
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 21, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5TH P.M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST
CORNER OF LOT NUMBERED EIGHT (8) IN BLOCK NUMBERED SEVENTEEN (17) IN
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND
RUNNING THENCE WEST SIX (6) FEET, THENCE SOUTH FIFTY (50) FEET, THENCE
EAST SIX (6) FEET, THENCE NORTH FIFTY (50) FEET TO THE POINT OF BEGINNING.
SALE BARN PROPERTY:
PART OF THE NW/4 OF THE NE/4 AND PART OF THE NE/4 OF THE NW/4 OF SECTION
21, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID
NW/4 OF THE NE/4; THENCE SO°46'21"W ALONG THE WEST LINE OF SAID FORTY
230.00 FEET; THENCE S71°53'27"E 18.86 FEET TO THE POINT OF BEGINNING AND
RUN THENCE S71053'27"E 414.70 FEET TO A FOUND IRON PIN, WHICH IS 16 FEET
EAST OF THE NORTHWEST CORNER OF BLOCK 16 OF FERGUSON'S ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE SO°07'02"E 795.21 FEET TO THE
SOUTH LINE OF LOT 16, BLOCK 17, OF SAID FERGUSON'S ADDITION; THENCE
589010'06"E 32.00 FEET TO A FOUND IRON PIN; THENCE SO°49'54" W 170.06 FEET TO
THE SOUTH LINE OF SAID NW/4 OF THE NE/4; THENCE S89°18'05"W ALONG SAID
SOUTH LINE 379.82 FEET TO THE EAST LINE OF DUNN STREET; THENCE
N0049'05"W ALONG SAID EAST LINE 490.17 FEET TO THE NORTH LINE OF
NATIONAL STREET; THENCE N87°19'20"W ALONG SAID NORTH LINE 250.49 FEET
TO THE EAST LINE OF GOVERNMENT AVENUE; THENCE NO°40'27"E ALONG SAID
EAST LINE 398.45 FEET; THENCE S88°35'28"E ALONG AN EXISTING FENCE 204.31
FEET; THENCE NO°46'21"E ALONG AN EXISTING CHAIN LINK FENCE 204.05 FEET
TO THE POINT OF BEGINNING AND CONTAINING 10.95 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS.
THE ABOVE DESCRIPTION COVERS ALL UNOPENED STREETS AND ALLEYS
WITHIN THE ABOVE DESCRIBED BOUNDARY OF ALL BLOCKS 18 AND 19; THE
WEST 16 FEET OF BLOCK 16; THE WEST 16 FEET OF LOTS 16 TO 24 INCLUSIVE,
BLOCK 17; THE WEST 48 FEET OR THE WEST 1/3 OF LOTS 13, 14 AND 15 OF BLOCK
17 AND PART OF LOT 6 OF BLOCK 20 OF FERGUSON'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS.
SUBJECT TO THE RIGHT OF WAY OF ELEVENTH STREET ALONG THE SOUTH SIDE
OF THE ABOVE DESCRIBED TRACT.