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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: $30.00 Pace 1 of 4 Washington Countv. AR Bette Stamps Circuit Clerk Fi1e2011-00022955 ORDINANCE NO.5421 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3857, FOR APPROXIMATELY 12 ACRES, LOCATED AT 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE (THE SALE BARN) FROM RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS/ACRE, I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, AND DG, DOWNTOWN GENERAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas herby changes the zone classification of the following described property from RMF-24, Residential Multi-Family, 24 units/acre, I-1, Heavy Commercial/Light Industrial, and DG, Downtown General to CS, Community Services, as shown on Exhibits"A" and`B"attached hereto and made a part hereof Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 196' day of July, 2011. APPROVED: ATTEST: By: LIO A LD JO ,Mayor SONDRA E. SMITH, City Clerk/Treasurer Vo604'a jpv�sG•, . G gFAYETTEY1tLE; EXHIBIT "Avg RZN11-3857 SALE BARN Close Up View wzgw 1.. _Itl _ 5•_ _STH Sr 'ti,'-r PRI VATP 927 K • _�•M1ll Y_ SUBJECT PROPERTY yr4N`+rONeoR '"µ.1,,18e Imp. DD . III C3 II ....erri E........�.. r' pQ1 i,1 f• w NATIONAL&Trill f` 1'IfBCICE� r RMM4 �e i y �� �10e97 n j 11TH$T IM ST :` Legend " – MuNiuse Trailjisong) Future 7raild�e, tall sr a O RZN11-3857 9`� � � 131H ST Future Trails Footprints 2010 - hillside-Hilltop Ovi trlay District Design Overlay DI strict Design Overlay DI strict ------ Planning Area a Iso Sao eo0 No 1,200 O Fayetteville Foal 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� '}SI Ulu hie of Sta �- D� Received in EpjTE1iE9 Mayor's Office 3 v+ 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 a :j�A qli l 5THSi `s- :C4 � PRNA7E 621 •- � � 11 `Xiy7�_Tdf r Ail '_T - �,r,: _; M11ARnN LIITF�R�WH6BL r SUBJECT PROPERTY _.......1 �........ r r •.�pSFOgg OR ' •••ALLEY 7BS .. ••� � AM � I I t "A MNAL ST PUt)LJC903 rr Mggr a- � ii l y F•1 IITHST 11TH ST W I I Legend - ............ Multi-Use Trail(Elisting) ....... Future TrI, 10TH Sr sq� _ v� -• 'C•- �•+. 13TH SF 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. • aye evl e PC Meeting of June 27, 2011 AaI<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: Data Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Juff '�i Updated June 29, 2011 RZN 11-3857: Rezone (510 WEST 11" ST./989 SOUTH SCHOOL AVE./SALE BARN, 562): Submitted by JUSTIN EICHMANN for property located at 510 WEST 11T" STREET and 989 SOUTH SCHOOL AVENUE (THE SALE BARN). The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE, I-1, HEAVY COMMERICIAL/LIGHT INDUSTRIAL, and DO, DOWNTOWN GENERAL and contains approximately 12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Dara Sanders BACKGROUND: Property Description: 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 Barn (see attached aerial imagery). The 12-acre project boundary has frontage onto South School, II'h 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 DO, Downtown General. SURROUNDING LAND USE AND ZONING_ Direction from Site Land Use Zoning North Farmer's Cooperative Main Street/Center South Residential I-1, Light Industrial RMF-24, Residential Multi -family 24 units/acre East Offices, Restaurants Downtown General West National Cemetery Residential RMF-24, Residential Multi -family 24 units/acre R-A, Residential Agricultural History 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 GAEMDevelopment Services ReviewQOIIIDevelopmenl Reviewlll-3857 RZN 510 W. I l ih Street (Bm tholomew-Sale Barn)103 Planning Com,nission106-27-20illCo,nments and Redlinesl 11-3857 PLNG comments.rloc units/acre. Staff did not support rezoning the property for multi -family use exclusively, and worked with the applicant to find a zoning district more in keeping with the City Plan's goal to develop with a traditional town form, with a low -intensity and compatible land use in this area. The applicant revised the application to rezone to the Downtown General (DG) district. 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. Proposal: The applicant has submitted a new rezoning application for the original property plus additional land and proposes to rezone the property from I-1, Heavy Commercial/Light Industrial, RMF-24, Residential Multi -family, 24 units/acre, and DG, Downtown General to CS, Community Services. This new application includes three additional parcels, which would provide future redevelopment of the property with access onto South School Avenue. Public Comment: Staff has not received public comment either for or against the rezoning but has received inquiries about the proposal. Discussion: 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 Standards, which regulate building mass, scale, and design and requires pedestrian -oriented elements to be incorporated into the site. RECOMMENDATION: Finding that the proposed rezoning is consistent with City Plan 2025 and based on the additional findings stated herein, staff recommends approval of RZN 11-3857. GAETCIDevelopment Services Review120111Development Reviewl11-3857 RZN510 W. IIth Street (Bartholomew -Sale Bam)W Planning Commissian106.27-20111Comments and Redlines111-3857 PLNG comments, doc IPLANNING COMMISSION ACTION: Required YES Date: June 27, 2011 ❑ Tabled x Forwarded ❑ Denied n: Chesser d: Honchell 6-1-0 (Commissioner Winston voted "no") COUNCIL ACTION: Required YES Approved INFRASTRUCTURE: ❑ Denied IN Streets: The site has access to School Avenue, National Street, Dunn Avenue and 11'h Street. The two local streets are older partially improved city streets. Full street improvements will be evaluated with development submittal. The principal arterial is improved for vehicular traffic, however street improvements will be evaluated with development for pedestrian access, greenspace, and signalization or other improvements. West Avenue is un-constructed public right-of-way that is used as a gravel access to the existing facility. Right-of-way vacation or improvements will be considered at time of development. Water: Public water is available to the property. There is a 6" main along Government Avenue, National Street, Dunn Avenue and 11`h Street. There is also a 6" main along the east side of South School Avenue. The capacity of these mains will need to be evaluated at the time of development to insure adequate flow for domestic and fire flows. Sewer: Sanitary sewer is available to the site. There is an 8" public main along Government Avenue. There is a 6" public main in the right of way for 91h Street that crosses under South School Avenue to the east. There is a 6" public main along 111h Street. The capacity of these lines will need to be evaluated at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. This property is affected by the 100-year floodplain. This property is affected by the Streamside Protection Ordinance related to Tanglewood Branch along the north-northeast boundaries. G: ll:'IClDevelopmenl Services Review12011IDecelnpmen1Revfew111-3857 RZN5l0 W. 771h Slreel (Ba'Omlomew-Sale Barn)103 Planning Cum..im(..W-27-20111Commen/s and Redlines)/1-3857 PLNC emmnentsdoc Police: The Fayetteville Police Department has expressed similar concerns with this request as those submitted in 2009, that most of the permitted uses would not substantially increase the traffic danger and congestion, but if the site were fully constructed to its maximum level of density, these issues could become a concern. Fire: The Fayetteville Fire Department does not feel this development will affect calls for service or response times. Response time is estimated to be 4 minutes from Station No. 1. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City Neighborhood Area, which encourages a denser and primarily residential urban fabric served by low -intensity nonresidential uses, within a complete, compact, and connected neighborhood. 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 majority of the subject property was developed in the 1950's, prior to the City's adoption of comprehensive zoning regulations, to accommodate livestock auctions. This remains the current use of the property, considered a "nonconforming use", as it is not a permitted use in any of the underlying zoning districts, which include RMF-24, Residential Multi -family, 24 dwelling units per acre, I-1, Heavy Commercial and Light Industrial, and DG, Downtown General. This nonconforming use is allowed to remain in accordance with the regulations of Chapter 164.12, Nonconforming Uses and Structures. The underlying RMF-24 and DG districts are consistent with the City's land use planning objectives, Future Land Use Plan, and 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 an urban residential district that would allow a limited selection of low -intensity nonresidential uses with Planning Commission approval of a conditional use permit. 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. 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 G:IETCIDevelopment Services Review1201 I Oevelopment Reviewlll-3857 RZN510 W. llth Street (Bartholomew -Safe Barn)103 Planning Commission106-27-2011IComments and Redlineslll-3857PLNG comments.doc 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 I-1 district is not compatible with the nearby National Cemetery. Staff finds that the proposed CS, Community Services, zoning district is compatible with the surrounding properties and consistent with the City's Wannitie objectives Principles, and policies and with the City's Future Land Use Plan. 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, staff finds that the CS district is consistent with the surrounding form -based zoning districts (MSC, Main Street Center, RMF-24, and DG) that require similar and compatible uses and an urban form. City Plan 2025 is Fayetteville's comprehensive plan that establishes the City's planning principles and objectives. Specifically, this plan communicates the City's vision of the way in which it will grow and evolve with time, and it outlines specific actions that will assist the City in achieving its vision. Specifically, City Plan 2025 identifies site -sensitive, appropriate infill as a priority. Action III, to develop and implement a form -based code, was taken when the City adopted the CS, Community Services zoning district, which was specifically designed to provide convenience goods and personal services for persons living in the surrounding residential areas and to provide for adaptable mixed use centers in a traditional urban form with buildings that address the street. Goal 1 states that we will make appropriate infill and revitalization our highest priorities. The uses and development form associated with the underlying I-1 zoning district would not allow for the appropriate infill and revitalization of the subject property, and does not permit uses that will serve the surrounding residential areas. Staff finds that the proposal to rezone the majority of the subject property from I-1 to CS will allow for appropriate infill and revitalization of this property, which will incorporate this property into the surrounding neighborhood and contribute to a stronger neighborhood fabric. Goal 2, to discourage suburban sprawl, and Goal 3, to make traditional town form the standard, refer specifically to the practice of separating uses. Staff finds that a rezoning action should consider the short-term as well as the long-term potential of a property. The bulk and area requirements of the G:IETCIDevelopmenl Services Review120111Developmenl Reviewlll-3857 RZN510 W. 11[h Sireel (BarlholomewSale Barn)103 Planning Commission106-17-20111Commenls and Redlineslll-3857 PLNG commeMs.doc underlying I-1 zoning district, designed for warehousing, heavy commercial and other such uses, require a form that separates all development from the surrounding properties and neighborhood. However, the CS district is designed to produce a traditional town form and allows for both the short- term redevelopment and the long-term reuse of the property, which is consistent with Goals 2 and 3 and contributes to a longer lifespan of the property and a stronger neighborhood fabric. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that redevelopment of the subject property is highly likely. The use of the property for cattle auctions/transport has dramatically decreased. Therefore, a rezoning request for the subject property is justified and needed at this time. Retaining the existing zoning to keep the property from redeveloping is inconsistent with the City's adopted goals, and does not serve the best interest of the City. As discussed in Finding #1, the underlying I-1 zoning district is not consistent with the City Neighborhood Area land use designation for the subject property and would permit uses by -right that 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. Furthermore, land use and development has shifted significantly since the 1950's development of the subject property for the sale of livestock. Staff finds that the applicant's proposal to rezone the subject property to CS, Community Services would allow for the redevelopment of the property in a form that is more consistent with the City's policies and, more importantly, would protect the health, safety, and general welfare of the adjacent and surrounding properties. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: It is expected that the request could result in the potential for an increase in traffic compared with that allowed under the existing zoning, or as the property is developed today. The Police Department has expressed concern in both the 2009 and 2011 applications, that a full and maximum build -out of the property could cause concerns. As a response, any development proposal submitted to the City is reviewed for traffic impact and is required to mitigate that impact proportional to the development being proposed. Examples of some typical street improvements that have occurred with development of similarly -sized sites including widening, curb and gutter, traffic signals, bridge assessments, trails and sidewalks. G. l6TCOevetopmew Services RemM201 I Wevelopment Rev7ewl 11-3857 RZN 510 W. 7llh Sft eel (Barlholomew-Sale Bara)103 Planning Com,n,monl% 27-10111Commenls and Redlines!11-3857 PLNG commewxdnc As discussed in the analysis of the existing infrastructure available to the subject property on pages three and four of this staff report, this site has access to five public streets: Government Avenue, National Street, Dunn Avenue, llth Street, and South School Avenue. The attached project maps also show the existing platted rights -of -way for 9th Street, West Street, and their associated alleys that traverse through the project boundary. Should the scope of future redevelopment of the property warrant internal street improvements, staff will evaluate the need for extending these street connections through the property in accordance with the requirements of Chapter 166.08, Street Design and Access Management Standards. Overall, it is staffs opinion that with adequate improvements to adjacent and internal streets, the proposed zoning of the 12 acres will not appreciably increase traffic danger and congestion. 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 create undesirable impacts to public services, or a density that is incompatible with the surrounding area, based on a review of infrastructure, existing land uses, and the development potential of the property. Increased load on public services were taken into consideration and comments from the Engineering, Fire, and Police Departments are included in this report. 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 recommends approval of the applicant's request. G_ ILIODevelopmew Services RevieM201 P[Jevelopmen[ Review)11-3857 RZN 510 W. 111h Stree[ (Ra, fholmnew-Sale ea,,f 03 Planning Carmnission106-27-201 ] iCom,nen[s and Redlineslll-3857 PLNG commenls.doc C,u29_F' IT ZoiIIW6 bls%2IcTS 161.14 District RMF-24, Residential Multi - Family — Twenty -Four Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings_ (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a Manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home ark 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-familX 7.000 s . ft. Three or more 9,000 sq. ft. Fraternit or Sorority 2 acres Professional offices 1 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: No bedroom 1,700 sq. ft. One bedroom 1,700 sq. ft. Two bedroom 2,000 sq. ft. Fraternit or Sororit 1.000 s . ft. er resident (E) Setback requirements. Front Side Rear The principal 8 ft. 25 ft. fagade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet from the front property line. HHOD Front HHOD Side HHOD Rear 15 ft. 8 ft. 15 ft. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. Building Hei ht Maximum 60ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H) Minimum buildable street frontage. 50% of the lot width. 161.25 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 1 Cultural and recreational facilities Unit 5 1 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting rec clable materials Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum. Dwellin all unit types) 18 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line 12 ft. of an alley (F) Minimum buildable street frontage. 50% of lot width. (G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating laces Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and trainin (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts 50 ft. Front, when adjoining C, I, or P districts 25 ft. Side, when adjoining A or R districts 50 ft. Side, when adjoining C, I, or P districts 10 ft. Rear, when adjoining C, I, or P districts 10 ft. (F) Height regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. 161.27 District 1-1, Heavy Commercial And (G) Building area. None. Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial f ovPc. ,F_D ZoNW6 DlS"1�-_,IC.T-vi 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities" Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations. (1) Lot width minimum. DweIli n 18 ft. All others I None (2) Lot area minimum. None (E) Setback regulations. Front: The principal fagade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when 15 feet contiguous to a residential district: (F) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (G) Minimum buildable street frontage. 65% of the lot width. �NUIN�,wtJ� t,o�H�.tfis RZN 11-3857: Rezone (510 WEST I lth ST./989 SOUTH SCHOOL AVE./SALE BARN, 562): Submitted by JUSTIN EICHMANN for property located at 510 WEST I ITH STREET and 989 SOUTH SCHOOL AVENUE (THE SALE BARN). The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE, I-1, HEAVY COMMERICIAL/LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contains approximately 12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES Planner: Dara Sanders Public water is available to the property. There is a 6" main along Government Ave, National St., Dunn Ave. and l Ith St. The capacity of this main will need to be evaluated at the time of development to insure adequate flow for domestic and fire flows. Sanitary sewer is available to the site. There is a 8" public Main along Government Ave. There is a 6" public main in the right of way for 9th street to the east. There is a 6" public main along 111h St. The capacity of these lines will need to be evaluated at the time of development. The site has access to School Ave, National St, Dunn Ave. and 1I1h St. The two local streets are older partially improved city streets. Full street improvements will be evaluated with development submittal. The principle arterial is improved for traffic, however street improvements will be evaluated with development for pedestrian access and greenspace requirements. West Ave is identified but not constructed to street standards, used as gravel access to existing facility, vacation or improvements will be considered at time of development. The parcel has various public rights of way that may need to be evaluated for vacation at time of development. This property is affected by the Streamside Protection Ordinance relate to Tanglewood Branch along the north-northeast boundries. Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain. Date 6/16/11 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for comments on proposed RZN 11-3857 for property located at the old Washington County Sale Barn, north of 11"' Street and east of Government Avenue. On May 16, 2009, I expressed concern that RZN 09-3271, which is a smaller part of the current proposed area, could possibly cause increases in police services and an increase in traffic danger and congestion in the area. This rezoning is much larger and would allow an even higher density of multi -family dwellings. Although I feel that most all of the permitted uses would not substantially increase the traffic danger and congestion, if the entire subject property were built to the maximum allowable multi -family levels, I would have the same concern for traffic danger and congestion in the area as I expressed in 2009. Sincerely, Captain William Brown Fayetteville Police Department RAA Zoning Review To: Dara Sanders From: Date: June 15, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT v 303 West Center street • Nam^ fxyeltrWle, AR72701 n,cra Re: RZN 11-3857: Rezone (510 WEST 11th ST./989 SOUTH SCHOOL AVE./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, I-1, HEAVY COMMERICIAL/LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contains approximately 12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES Planner: Dara Sanders This development will be protected by Engine 1 located at 303 W. Center Street. It is 3 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The change of zoning from RMF-24 to CS will not affect our calls for service or response time. f YOLI have any questions please feet free to contact me. laj- �I � J erry Lawsoh Fayetteville Fire Department 4 commuei Miw,; L,,Vice ro r..:. Leaf IDD, 1J1 >>i Li 16 lUfp,,sI PAnunriir r=,:Itea Jlr, AR 17/01 HARRINGTON, MILLER, KIEKLAK, EICHMANN & BROWN, P.A. ATTORNEYS MICHELE A. HARRINGTON, P.A. 113 E. Enuna Avenue, P.O. Box 687 LUCAS T. REGNIER STEPHEN J. MILLER, P.A. Springdale, Arkansas 72765-0687 THOMAS N. KIEKLAK Telephone (479) 751-6464 R. JUSTIN EICHMANN Fax (479) 751-3715 OF COUNSEL: J. GREG BROWN www.arkansaslaw.com STEPHEN D. STITT April 28, 2011 Jeremy Pate Development Services Director City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: Application for Rezoning — Sale Barn and S. School Properties Dear Mr. Pate, I represent Billy Joe Bartholomew, Trustee of the Billy Joe Bartholomew Revocable Trust u/t/d January 17, 1992 ("Billy Joe Bartholomew Trust") and Billy Joe Bartholomew, Phyllis Bartholomew and Dwight Bartholomew, Trustees of the Argil Cletus Bartholomew Revocable Trust, u/t/d January 17, 1992 ("Argil Cletus Bartholomew Trust"). Please have this letter serve as my clients' response to the written description of items contained in No. 5 of the Rezoning Checklist, which is a part of the application for Rezoning submitted by my clients to the City of Fayetteville. a. Current ownership Information and proposed or pending property sales. The Properties included in the proposed rezoning include an approximately 11-acre tract located at 510 W. 1 la` Street owned by the Billy Joe Bartholomew Trust (known locally as the "Sale Barn") and an approximately 1-acre tract of property located at 989 South School Ave. owned by the Argil Cletus Bartholomew Trust (referred to herein as the "South School 1-Acre Tract") (both properties are collectively referred to herein as the "Properties"). True and correct copies of the most recent deeds for the Properties are attached to this letter. Both Properties are under contract for sale to Campus Crest Development, LLC. The Sale Barn property is currently being used for livestock auctions and other livestock services, while the South School 1-Acre Tract is currently used by tenants who operate an automobile brokering service and an insurance business/tax preparation business. In the past, the South School 1-Acre Tract has been used as a used car lot. b. Reason (need) for requesting the zoning change. The reason for this rezoning request is to be able complete the sale of both of the family properties to a 3rd party for future development. The current zoning for the Sale Barn April 28, 2011 Page 2 Property is split between RMF-24, Residential Multi -Family on the northwest corner and I -I, Heaving Commercial/Light Industrial for the remaining 8.87 acres. The current zoning for the South School 1-Acre Tract is split between DG, Downtown General on the east half and I-1, Heavy Commercial Light Industrial on the west half of the property. Since the late 1930's the Bartholomew family has owned and operated a livestock auction and animal services business known as the Washington County Sale Barn on the Sale Barn Property. While the Sale Barn was once indicative of the rural nature of the surroundings, over the years the Sale Barn property has increasingly been surrounded by more urban uses and is now in an area considered to be in close proximity to the downtown city center. Although livestock transactions are still taking place at the Sale Barn, the Bartholomew family believes that is not feasible for livestock services to continue to operate at the location and that down -zoning to a district classification that better compliments the character of the surrounding area is necessary. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The Properties are located south of Martin Luther King, Jr. Blvd. and west of South School Ave. The land to the north includes properties that are zoned MSC - Main Street/Center and I-1, Heavy Commercial/Light Industrial. They include the Farmer's Co-op, Howard Barnes Livestock Trucking, Alston Salon, J.C. Small Engine Repair, Vaughn Battery, Life Harvest Church, Central EMS and a Coors Beer Distributorship warehouse. The land to the east includes properties that are zoned mostly DG - Downtown General, specifically restaurants and a small Asian grocery store, Parish's Auto Repair and Mountain Mechanical Contractors with an Advance Auto Parts, a Tire Tracks and a Hobby Shop Auto Repair located directly across South School Ave. The land to the south consists of properties that are zoned I-1, Heavy Commercial/Light Industrial and RMF-24 and DG, Downtown General and includes the Fayetteville Motor Exchange, a strip mall which includes a tobacco store, a restaurant, a pawn shop and a Dollar General before transitioning to single family and multifamily housing. The land to the west is zoned RMF-24 and largely includes the Fayetteville National Cemetery, but farther to the south and the west of the cemetery is a neighborhood of mostly single family residences as well as a large multi -family housing complex known as the Hill Place Apartments. The proposed rezoning from the Properties' current conventional zones to the form -based Community Services classification will compliment the urban nature and appearance of the surrounding properties and provide an appropriate infill transition to the residential uses to the further south and the west of the Properties. The rezoning and eventual development will likely lead to an increase of traffic as compared to the existing use, however as opposed to the previous attempt to rezone the Sale Barn Property in 2009, the Properties associated with this proposed rezoning now have significant frontage along South School Avenue along with the frontage along Dunn St., 11"' Street and Government Avenue which will provide a better opportunity to alleviate the impact of traffic to and from this site associated with its future use. Furthermore, the Properties are in close proximity to the Fayetteville trail system and the downtown area April 28, 2011 Page 3 which allow for a pedestrian friendly development with safe and convenient access to alternative means of transportation to the University of Arkansas and other destinations throughout the city. The proposed rezoning would be consistent with the surrounding area with respects to signage. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. Water and sewer service are readily available to both Properties. According to the City Engineering Division there is an existing 6" waterline on 11"' Street, Dunn Avenue and Government Avenue. There is an existing 8" sewer line on Government Street and also to the north there is an existing 8" sewer line. e. The degree to which the proposed zoning is consistent with land use planning objective, principles, and policies and with land use and zoning plans. The proposed zoning is consistent with the City's adopted land use planning objectives and principles found in City Plan 2025 as well as the draft City Plan 2030. The current I- 1, Heavy Commercial/Light Industrial zoning, as well as the current use as livestock auction and animal services, is not consistent with the City Neighborhood land use designation found in the City Plan 2025 and the draft City Plan 2030 and are not compatible with adjacent properties and uses. Community Services provides a more appropriate classification for the Properties than the current conventional zones and coincides with the community vision goals contained in the City Plan 2025 and the draft 2030 City Plan. Notably, the proposed rezoning is in furtherance of the draft 2030 City Plan Goal 1: We will make appropriate infill and revitalization our high priorities; Goal 2: We will discourage suburban sprawl; Goal 3 — We will make traditional town form the standard and Goal 4 — We will create opportunities for attainable housing. f. Whether the proposed zoning is justified and/or needed at the time of the request. The proposed zoning is justified and necessary in the short term for the owners to complete the sale of the Properties to a third party, but in the long term the rezoning will better compliment the surrounding area through the implementation of an urban form classification rather than the existing conventional zones. Possible uses under the current I-1, Heavy Commercial/Light Industrial zone includes manufacturing, warehousing, gasoline sales and the existing animal services use that are considered incompatible with the City Neighborhood Area designation. The Community Services classification would enable the use of form -based code classification that supports the City's vision and is better suited for the Properties' transitional nature between the commercial uses that lie to the north, cast and south and the single and multi -family uses that lie further to the south and west. April 28, 2011 Page 4 g. Whether the proposed zoning will create or appreciable increase traffic danger and congestion. The rezoning and eventual development will likely lead to an increase of traffic as compared to the existing use, however as opposed to the previous attempt to rezone the Sale Barn Property in 2009, the Properties associated with this proposed rezoning now have significant frontage along South School Avenue along with frontage along Dunn St., I 11h Street and Government Avenue which will provide a better opportunity to alleviate the impact of traffic to and from this site. Furthermore, the Properties are in close proximity to the Fayetteville trail system and the downtown area which allow for a pedestrian friendly development with safe and convenient access to alternative means of transportation to the University and other destinations throughout the city. h. Whether the proposed zoning will alter the population density and there undesirably increase the load on public services including school, water, and sewer facilities. The proposed zoning would undoubtedly alter the population density of the Properties as its current use as a livestock auction/animal husbandry service and a used car/automobile brokerage lot, or most of the other permitted uses under I-1, Heavy Commercial/Light Industrial, do not usually create population density but rather tend to impact on surrounding properties through other uses that emit noise and offensive odors or attract heavy -vehicle traffic and lead to unsightly and incompatible structures. It is not likely that this proposed zoning would create an undesirable impact to public services, including school, water and sewer facilities. I. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The current conventional zones of the Properties, specifically the RMF-24, Residential Multi -Family zone and the I-1, Heavy Commercial and Light Industrial zone, allow uses which are incompatible with the surrounding area and the City Neighborhood Area designation. The Community Services classification would enable the use of form -based code classification that supports the City's vision and is better suited for the Properties' transitional nature between the commercial uses that lie to the north, east and south and the single and multi -family uses that lie further to the south and west. Sincerely, R. Justin Eichmann RJE/emp Planning Commission June 27, 2011 Page 6 of 7 RZN 11-3857: Rezone (510 WEST 11" ST./989 SOUTH SCHOOL AVE./SALE BARN, 562): Submitted by JUSTIN EICHMANN for property located at 510 WEST 11 n' STREET and 989 SOUTH SCHOOL AVENUE (THE SALE BARN). The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE, I- 1, HEAVY COMMERICIAL/LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contains approximately 12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Dara Sanders, Current Planner, gave the staff report. Justin Eichman, representative, discussed the history of the project and the scope of the new application, which includes the potential to access South School. Public Comment: Kathy Kisida believes that the zoning change will drastically change the neighborhood and would prefer that the property be zoned to Neighborhood Conservation or Neighborhood Services. Aubrey Shepherd discussed the creeks and wetlands near the subject property. He believes that the Sale Bam is compatible and thinks the neighborhood is beautiful. Leonard Schult hopes for a future connection onto South School. Ron Butler asked if the City knows what will be built on the property. Commissioner Cabe explained that the Planning Commission was just reviewing land use and zoning at this time. Commissioner Chesser discussed with staff the density that would be permitted on the property and the drainage requirements for the property. Commissioner Cabe asked staff to describe the Neighborhood Conservation and Neighborhood Services zoning districts that were mentioned during the public comment. Sanders described each district and explained that staff and the City have been asked by the applicant to consider the CS district on the property, for which staff recommends approval. Commissioner Hoskins and Chris Brown, City Engineer, discussed drainage requirements in the City. Commissioner Winston described his past concerns with traffic and finds that the district is more compatible than the current zoning district. Kit Williams, City Attorney, discussed that the CS zoning district is more intense than the underlying DG and RMF-24 zoning districts. Commissioner Winston stated that he was under the impression that the DG district was more intense. Commissioners Chesser and Hoskins discussed with staff the development review, variance, and appeal process for the CS district. Commissioner Chesser finds that CS is appropriate and made a motion to forward the request to the City Planning Commission June 27, 2011 Page 7 of 7 Council, which was seconded by Commissioner Honchell. Commissioner Winston thought that the request was less intense and didn't compare the uses in the zoning districts and explained that he was not comfortable with voting "yes" at this time. Commissioner Cabe stated his support for the rezoning, finding that the request is a better fit than the existing zoning for the neighborhood. Commissioner Honchell appreciates the property owner's patience with the process and agrees with staff that the proposal is consistent with the City's policies and appropriate in this neighborhood. Commissioner Cook agrees with Commissioner Cabe and expressed support for the request. Motion: Commissioner Chesser made a motion to forward RZN 11-3857 with a recommendation for approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Winston voting `No'). There being no fierther business, the meeting was adjourned at 6:43 PM. -=Fr. ^ 1 -if F^�•'� 1 4r � r�i -r- 1 [f I MO 1 ILI 3 � � ry � RZN 11-3857 Close Up Vfew ASTONEOR RPID SALE BARN w . �+1 PRIVATE 421 .. N'Luni:♦i:r' �. � ALLEY-19D - i w O R.L. it il' �TIC1iJAL Sr III Pi suctO RMF34 09 Nlb gay i I 11TH 3T Legend � - - - Wj -Use Trait ("isting) '•"""' Future TrailsAl IV 13TH ST RZN11 3857 "'"•' Future Trails rAm .li' Footprints 2010 - Hillside -Hilltop Design Overlay Design Overlay ------ Planning Area = Fayetteville District ' STH sr •n ' I MARTIN LLITHFA 'KMGrj3 SUBJECT PROPERTY `I 1 � T i � M ' •; I I i P1 11TH ST- T till 0 150 300 600 wo 1.200 Feel 13ZH sT RZN11-3857 Future Lend Use OvervievROW Future Trails Footprints 2010 - Hillside -Hilltop C Design Overlay Design Overlay ----- Planning Area SALE BARN SUBJECT PROPERTY District 0 150 000 600 T ■ F u ��8htr$7 un••nu. � l�r � ril� -11TH ST' 900 1200 5 Feel L 4 1aTH ST �'t ii�L':e'we{'ifA��l �I•�V:'S��' vfr r Fr(;• t Sil _ 1.: + .4 F �l �9� F j d t, f x+. NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWEST ARKANSAS IHE MORNING NEWS OF SPRINGOALL THE MORNING OF ROGERSTIMES NEVSPAPE16LLC ARKANSE45 NORTHWEST ARKAH54511ME5 BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607, 72702 1479-442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5421 Was inserted in the Regular Editions on: August 4, 2011 Publication Charges: $ 58.37 Cof ro S-e"-9 Cathy Wiles Subscribed and sworn to before me This u day of 4\. 1 2011. Notary Public My Commission Expires: l l JQI�v 464 No _.,p ;:,tisas . on 702n RECEIVED AUG 1 6 2011 CITY OF FAYETTEVH LE CITY CLERKS OFFICE ORDINANCE NO.5421 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN RFZONING 2ARION RZN ED ye vl le AT 5 FOR APPROXIMATELY 12 ACRES, LOCATED AT SCHOOL WEST 11TH STREET AND FRO FIME= .SCHOOL AVENUE ULT SALE EARN) FROM RMF aaxaxsas 24, RESIDENTIAL MULTI -FAMILY, 24 UNRS/ACRE, 61, HEAW OOMMERCUWLIGFR INDUSTRIAL, AND OG, DOWNTOWN GENERAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEYILLE, ARKANRAS **NOTE** Please do not pay from Affidavit. Invoice will be sent. CRY COMA Of tee VTIY Of FaYallWWRID. AMN— heft Ctw q e the ttlaloIDMng dascrfbad (ROp" "M RMF-24, ReslR4nto M.R[,Famlpp M7 COMMarchdUht iAdmtrby, and DG. DOwnM ralaro 10 CS as MOwn On eftils'A' and'R' attached harato aM nwde a p., A+k"aelleretgs *nLj%I"OM. NO WDD prg4(ad M Se 1. Br w SONOM E.EMRN, chf Gwwrrea ref nw to Newod in the office DI the Crty CwwrfDOswer.