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HomeMy WebLinkAboutOrdinance 5417 Doc ID: 01413777000:3 Type: REL Recorded 108 %02/2011 t 12:0905 Fee Amt: $25.00 PPM age 1 of 3 Nashington County. AR Bette Stamps Clrcult Clerk F14011-00021542 ORDINANCE NO. 5417 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3835, FOR APPROXIMATELY 1.20 ACRES, LOCATED AT 3710 WEST MARTIN LUTHER KING BOULEVARD FROM C-1,NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From C-1,Neighborhood Commercial to CS, Community Services, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this 5th day of July, 2011. APPROVED: ATTEST: By: By':l O ELD J N,Mayor SONDE S TH, City Jerk/ reasurer ?'y1FA TR , :FAYETTEVILLE: ? 5 'dys'9RkANSQ: J�'�`` j4jjj�G±O1 iE,t64� , EXHIBIT "A" RZN 11-3835 ZAI F I Close Up View z I P - CRAPE MYA7L PLEli • • ' "�" SUBJECT PROPERTY - y"r,w,..h, RW44 ETR( F pt GPROENVPGR - 1 , '.L c.i ' _mss cx 1 l Legend ,RZN711-3835 - Mull-Use Trail(Existing) RSF4 FutureTrails _ ,,Footprints 2010 - Hillside-Hilltop Ovi flay District Design Overlay Di trict Design Overlay Di trict ----- Planning Area 0 125 250 500 750 1,000 Fayetteville Fee EXHIBIT `B" RZN 11-3835 PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS 111 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LAST MENTIONED FORTY ACRE TRACT, AND RUNNING THENCE NORTH 400 FEET, THENCE WEST 150 FEET, THENCE SOUTH TO THE NORTH LINE OF THE RIGHT-OF-WAY OF U.S. HIGHWAY NO. 62, THENCE EAST WITH THE NORTH LINE OF SAID HIGHWAY 150 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 1.2 ACRES, MORE OR LESS. Washington County,AR I certify this instrument was filed on 08/02/2011 12:09:05 PM and recorded in Real Estate File Number 2011-00021542 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/21/2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 11-3835: (3710 West Martin Luther King Boulevard/Zaifi, 556-595): Submitted by Mehdi Zaifi for property located at 3710 West Martin Luther King Boulevard. The property is zoned C-1, Neighborhood Commercial and contains approximately 1.20 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 Previous Ordinance or Resolution# Departtme rJ:L- Date Original Contract Date: . (- e - 1( Original Contract Number: City Attorney Date Finance and Internal Services Director Date Received in City 05-02-1 1 P03 27 R CVD Clerk's Office L A, — 6 -;-)/ hie of St ff Date EtITER Received in Mayor's Office .3 LIZma(YOF Date Comments: r pp J Revised January 15,2009 �7 tC talj ry T a e evi le THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE AOKANSAS 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: May 25, 2011 Subject: RZN 11-3835 (Zaifi) RECOMMENDATION Planning Commission and staff recommend approval of an ordinance to rezone the subject property from C-1, Neighborhood Commercial to CS, Community Services. BACKGROUND The subject property is located at 3710 Martin Luther King Boulevard, west of Old Farmington Road, and is developed for a single-family dwelling. The floodway and associated floodplain of the Goose Creek is located on the northern portion of the property, which leaves a small portion of area outside of the floodway and floodplain adjacent to Martin Luther King Boulevard. The applicant submitted a request to rezone the property from C-1, Neighborhood Commercial to UT, Urban Thoroughfare. The applicant's request discusses that it is impractical to use the property as it is zoned C-1 with a single-family dwelling. Staff finds that rezoning the property to a form-based zoning district is justified due to the development limitations imposed on the subject property as a result of the regulations associated with the floodway, floodplain, and Streamside Protection Ordinance. A form-based zoning district would require new development to be constructed close to the street, providing more buildable area away from the floodplain at the back of the property; however, staff does not find that "up zoning", or increasing the intensity and permitted uses on the subject property, to the UT district is justified or needed. The Urban Thoroughfare district is intended to provide goods and services for persons living in the surrounding communities and would allow for uses by-right that could be incompatible with the surrounding uses,the residences to the north, and the adjacent stream if not reviewed and conditioned appropriately, specifically large and small commercial recreation sites, unlimited regional shopping goods, and transportation-related trades and services (used car lots, automotive sales and repair, bus station, body shops, etc). Staff finds that rezoning the subject property from the C-1 zoning district to the comparable mixed use, form-based CS zoning district is more appropriate, as it would allow for the maintenance and expansion of the existing residential dwelling, increase the buildable area with the "build-to zone", and allow for the future redevelopment of the property in accordance with the goals and objectives of City Plan 2025 without introducing potentially incompatible uses. DISCUSSION This item was considered at the Planning Commission on May 23, 2011, during which the Commissioners expressed concerns with the potential for adverse impacts on adjacent properties resulting from the permitted uses in the UT, Urban Thoroughfare zoning district. After verifying that the applicant would accept the lower intensity CS, Community Services, zoning district, 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 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3835, FOR APPROXIMATELY 1.20 ACRES, LOCATED AT 3710 WEST MARTIN LUTHER KING BOULEVARD FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From C-1, Neighborhood Commercial to CS, Community Services, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 11-3835 ZAI FI close up view 3 w r CPIVE MYRTLE PL 3 w ASF$ 3 � � ❑ . a a SUBJECT PROPERTY' o .. r. Rp rR x U RMFq{ l C1 CS Legend F" Q RZN11-3835 -•-•.. Mutt-Use Trail(Existing) Rg�a •••••• FutuleTrails ,Footprints 2010 - Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di Arict ------ Planning Area Fayetteville 0 125 250 sao 750 11000Fee EXHIBIT `B" RZN 11-3835 PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS 111 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LAST MENTIONED FORTY ACRE TRACT, AND RUNNING THENCE NORTH 400 FEET, THENCE WEST 150 FEET, THENCE SOUTH TO THE NORTH LINE OF THE RIGHT-OF-WAY OF U.S. HIGHWAY NO. 62, THENCE EAST WITH THE NORTH LINE OF SAID HIGHWAY 150 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 1.2 ACRES, MORE OR LESS. Planning Commission May 23, 2011 Page 8 of 8 RZN 11-3835:Rezone(3710 WEST MARTIN LUTHER KING BLVD./ZAIFI,556/595):Submitted by Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and contains approximately 1.20 acres. The request is to rezone the subject property to UT,URBAN THOROUGHFARE. Dara Sanders,Current Planner,presented the staff report and recommendation. Mehdi Zai£,applicant,introduced himself and discussed the setback requirement of the C-1 zoning district and his request for a form-based zoning district. No public comment was presented. Commission Winston discussed the surrounding properties and expressed concern with the requested UT zoning district and suggested that the CS, Community Services, would be more appropriate. Sanders discussed the uses in both the UT and CS districts. Commissioner Hoskins asked the applicant if there are uses in the CS zoning district that would not permit him to develop the property the way he wants and asked if the CS zoning district would be acceptable. Mr.Zaifi stated that the CS zoning district is acceptable. Motion: Commissioner Winston made a motion to forward RZN 11-3 835 to the City Council with a recommendation to approve a zoning district of CS,Community Services.Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 7.03 PM. Ta *14 ye evl e PC Meeting of May 23, 2011 ARKA NSA$ THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Ma '.��., 2014 Updated May 25, 2011 RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595): Submitted by Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.20 acres. The request is to rezone the subject property to UT, URBAN THOROUGHFARE. Planner: Dara Sanders BACKGROUND: The subject property is located at 3710 Martin Luther King Boulevard, west of Old Farmington Road, and is developed for a single-family dwelling.The floodway and associated floodplain of the Goose Creek is located on the northern portion of the property,which leaves a small portion of area outside of the floodway and floodplain adjacent to Martin Luther King Boulevard. Similarly, the property to the east is significantly affected by the floodway and floodplain, and the property to the west is completely within the floodway and floodplain. Surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single family residential RMF-24, Residential Multi-family 24 du/acre South Undeveloped and a nonconforming R-A, Residential Agricultural, C-2, Thoroughfare salvage yard Commercial East Undeveloped C-2, Thoroughfare Commercial West Undeveloped C-1, Neighborhood Commercial Proposal: The applicant has submitted an application to rezone the property from C-1, Neighborhood Commercial to UT,Urban Thoroughfare. The applicant's request discusses that it is impractical to use the property as it is zoned C-1 with a single-family dwelling. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends denial of the applicants request to rezone the property to UT, Urban Thoroughfare. However,staff has discussed with the applicant support for a rezoning request to CS, Community Services, zoning district, finding that the CS district is comparable to the existing underlying C-1,Neighborhood Commercial,zoning district but would allow for the continued use of the existing single-family dwelling on the property,as well as similar permitted and conditional uses. PLANNING COMMISSION ACTION: Required YES Date: 05-23-11 ❑Tabled x Forwarded ❑ Denied Motion:Winston to forward with a recommendation of approval for the CS CommunitV Services zoning district) Second: Chesser Vote: 9-0-0 CITY COUNCIL ACTION: Required YES Date: ❑Approved ❑Denied INFRASTRUCTURE: Streets: The site has access to Martin Luther King Blvd. Martin Luther King Blvd is a fully improved five lane state highway in this location. Water: Public water is available to the property. There is 1" water main stubbed across Martin Luther King to this property Public water main improvements will be necessary to provide adequate fire flow for a future development. Sewer: Sanitary sewer is available to the site. There is a 6" and 10"public main located through this property. A capacity analysis of the existing 6" sewer main may be necessary if a connection is proposed at the time of development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is largely affected by the 100-year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department has not objected to this request. Fire: The Fayetteville Fire Department does not anticipate that this request will affect calls for service or response times.