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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.