HomeMy WebLinkAboutOrdinance 5430 IIIIIIIIIIIIIIIIII�IIIBIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillll
Doc ID: ' A14205830003 Type. REL
Kind: ORDINANCE
FeeoAmta $25/0/Paas Stof1345:05 PM _
Washington Countv. AR
Bette stamps Circuit Clerk
File2011-00025973
ORDINANCE NO. 5430
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3870, FOR APPROXIMATELY 0.50 ACRES,
LOCATED AT 2012 WEST MARTIN LUTHER KING BOULEVARD FROM
RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO C-1,
NEIGHBORHOOD COMMERCIAL.
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
to C-1,Neighborhood Commercial, 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 16th day of August, 2011.
APPROVED: ATTEST:
By: OQ,,�AW �..
LL1014ELD J AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
QP
;FAYETiEVILLE;
'sem• °ti
''•9s'9�'KANSP Jam,.'`
EXHIBIT "A"
RZN11-3870 USA DRUG
Close Up View
STONE ST
O
y NEPTUNES
0 OMP-24
P-1 rYWOCM*
ITCHEU.sr
PRIVATE 607 a
VENUSST
R.O
OLD FARMINGTON RD
PZD
FARMINGFON ST
'\ I
•\ O OFFICE OR
� 1�1
4
I STORAGE DR
Legend
� a
... Multi-Use Trill(Existing).... WAREHOUSE DR
Fuge Trails w
4,LFootprints 2010
- Hillside-Hilltop Ov rfay District
Design Overlay Di Arict
Design Overlay Di trict
------ Planning Area
0 125 250 500 750 1,000
Fayetteville Fee
EXHIBIT `B"
RZN 11-3870
PART OF LOTS 6 & 7 OF LEWIS SUBDIVISION RECORDED IN PLAT BOOK 4 AT PAGE
146 BEING A PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A SET 5/8" REBAR W/CAP (PS 1496)AT THE SOUTHWEST CORNER
OF LOT 4 OF BLOCK 2 OF VALLEY VISTA SUBDIVISION RECORDED IN PLAT BOOK
1 AT PAGE 153; THENCE S86°57'22"E, ALONG THE SOUTH LINE OF THE ABOVE SAID
VALLEY VISTA SUBDIVISION, A DISTANCE OF 176.56 FEET TO A SET 5/8" REBAR
W/CAP (PS 1496); THENCE S02'5 1'05"W,ALONG THE WEST LINE OF THE
PROPERTIES RECORDED IN DEED BOOK 1321 AT PAGE 794 AND DEED BOOK 2003
AT PAGE 58030,A DISTANCE OF 124.15 FEET; THENCE N87°08'55"W A DISTANCE OF
176.56 FEET TO THE WEST LINE OF THE ABOVE SAID LOT 6 OF LEWIS
SUBDIVISION; THENCE NO2°51'05"E, ALONG THE ABOVE SAID WEST LINE OF LOT
6,A DISTANCE OF 124.74 FEET TO THE POINT OF BEGINNING AND CONTAINING
21,972.64 SQUARE FEET OR 0.504 ACRES, MORE OR LESS.
"in,
on County, AR
I jcertify this instrument was filed on
09/16/2011 01`:45:05 PM
and recorded in Real Estate
File Number 2011-00025973
Bette Stamps - Circuit Jerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/2/2011
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3870: Rezone (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Submitted by H2 ENGINEERING
INC. for property located at 2012 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS/ACRE and contains approximately 0.97 acres. The request is to rezone
0.50 acres of the property to C-1, NEIGHBORHOOD COMMERCIAL.
Cost of this requesl 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
-� d ( 0E115—?til Previous Ordinance or Resolution#
Department girector Dale
Original Contract Date:
,qq
—1 J - •`y 1 t Original Contract Number:
City Attorney r� Dale
`fa,.�Q . sa. -7-11?•2.0tt
Finance and Internal Services Director Date Received in City .. _
Clerk's Office
..�_ '?-1-7-11
Chief or§laff Date EIIT�.ED
Received in
Mayor's Office
Mayor Date
Comments:
� J� C/� - l/` Revised January 155, -"6, 2009
A
I/K.F�� f1.GL -L. Jult IeQRO�C..+_� Q.� g�L'lf ei^
. /'
ZrayMeLvie THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: July 15, 2011
Subject: RZN 11-3 870 (USA Drug)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from
RMF-24, Residential Multi-family, 24 units per acre to C-1, Neighborhood Commercial.
BACKGROUND
The subject property is located at 2012 W. Martin Luther King Boulevard and contains approximately 0.97
acres. The south half of the property is zoned C-2, Thoroughfare Commercial, and the north half is zoned RMF-
24, Residential multi-family. The existing gas station was constructed in 1982 and was permitted in the RMF-24
zoning district through an administrative extension of the zoning regulations. The zoning configuration has been
in place since at least 1966.
The applicant has submitted an application to rezone the north portion of the property, containing approximately
21,973 sq. ft., from RMF-24, Residential Multi-family 24 units per acre to C-1, Neighborhood Commercial.
The intent is to have the entire parcel in a commercial zoning district.
DISCUSSION
On July 11, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of
approval for the C-1, Neighborhood Commercial zoning district with a vote of 7-1-0 (Commissioner Earnest
voted "no").
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3870, FOR
APPROXIMATELY 0.50 ACRES, LOCATED AT 2012 WEST
MARTIN LUTHER KING BOULEVARD FROM RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO C-
1, NEIGHBORHOOD COMMERCIAL.
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
to C-1, Neighborhood Commercial, 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 day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN11-3870 USA DRUG
Close Up View
STONE Sr
w
a
L•
NEPTUNE sl
0 RNF•b
`.' SUBJECT PROPERTY ITCHELL ST
PRNATE 507
n 'MOOD LN VENUS ST
R0
OLD FARMINGTON RD
PZa
FARMINGTON ST
OFFICE DR
i••I
STORAGE OR
Legend
ti-Use Trail(Existing) WAREHOUSE DR
Mul
i
RSFd
.•..••.• Fut4eTrails
�NFootprints 2010
- Hillside-Hilltop Ovi May District
Design Overlay Di itrlct
Design Overlay Di lrict
----- Planning Area
Fayetteville
0 125 260 500 750 10Fee
EXHIBIT "B"
RZN 11-3870
PART OF LOTS 6 & 7 OF LEWIS SUBDIVISION RECORDED IN PLAT BOOK 4 AT PAGE
146 BEING A PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A SET 5/8" REBAR W/CAP (PS 1496) AT THE SOUTHWEST CORNER
OF LOT 4 OF BLOCK 2 OF VALLEY VISTA SUBDIVISION RECORDED IN PLAT BOOK
1 AT PAGE 153; THENCE S86°57'22"E, ALONG THE SOUTH LINE OF THE ABOVE SAID
VALLEY VISTA SUBDIVISION, A DISTANCE OF 176.56 FEET TO A SET 5/8" REBAR
W/CAP (PS 1496); THENCE S02°51'05"W,ALONG THE WEST LINE OF THE
PROPERTIES RECORDED IN DEED BOOK 1321 AT PAGE 794 AND DEED BOOK 2003
AT PAGE 58030, A DISTANCE OF 124.15 FEET; THENCE N87°08'55"W A DISTANCE OF
176.56 FEET TO THE WEST LINE OF THE ABOVE SAID LOT 6 OF LEWIS
SUBDIVISION; THENCE NO2'5 1'05"E, ALONG THE ABOVE SAID WEST LINE OF LOT
6, A DISTANCE OF 124.74 FEET TO THE POINT OF BEGINNING AND CONTAINING
21,972.64 SQUARE FEET OR 0.504 ACRES, MORE OR LESS.
Taye evl e PC Meeting of July 11, 2011
ARKA NSAti
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: A4y4,-2044 July 15, 2011
RZN 11-3870: Rezone (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520):
Submitted by H2 ENGINEERING, INC. for property located at 2012 WEST MARTIN LUTHER
KING BOULEVARD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24
UNITS/ACRE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.97
acres. The request is to rezone 0.50 acres of the property to C-1, NEIGHBORHOOD
COMMERCIAL. Planner:Jesse Fulcher
BACKGROUND:
The subject property is located at 2012 W. Martin Luther King Boulevard and contains
approximately 0.97 acres. The south half of the property is zoned C-2, Thoroughfare Commercial,
and the north half is zoned RMF-24, Residential multi-family. The existing gas station was
constructed in 1982 and was permitted in the RMF-24 zoning district through an administrative
extension of the zoning regulations. The zoning configuration has been in place since at least 1966.
Surrounding land uses and zoning are shown in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Two-family/Three-family RMF-24, Residential Multi-family
South Commercial 1-1, Heavy Commercial-LightIndustrial
East Commercial C-2, Thoroughfare Commercial
West Commercial C-2, Thoroughfare Commercial
Proposal: The applicant has submitted an application to rezone the north portion of the property,
containing approximately 21,973 sq. ft.,from RMF-24,Residential Multi-family 24 units per acre to
C-1, Neighborhood Commercial. The intent is to have the entire parcel in a commercial zoning
district.
Public Comment: Staff received a call from an adjacent property owner who wanted information
about how drainage would be addressed when the property was redeveloped.
G:\ETC\Development Services Review\2011\Development Review\11-3870 RZN(USA Drug)\l l Planning
Commission\07-11-11\Comments and Redlines
RECOMMENDATION:
Staff recommends approval of the request to rezone the northern portion of the property to C-1,
Neighborhood Commercial.
PLANNING COMMISSION ACTION: Required YES
Date: 7-11-11 O Tabled J Forwarded O Denied
Motion: Winston Second: Honchell Vote: 7-1-0 (Earnest voting `no')
CITY COUNCIL ACTION: Required YES
Date: 8-2-11 O Approved O Denied
INFRASTRUCTURE:
Streets: The site has access to Martin Luther King Boulevard and Gabbard Drive. Martin
Luther King Boulevard is an improved five-lane state highway in this location.
Sidewalk and greenspace requirements are not currently installed at this location
and may be required at time of development.
Gabbard Drive is an unimproved paved two lane city street that dead ends into the
north property line with no current access utilized. Connectivity to this street will be
evaluated at the time of development.
Water: Public water is available to the property. There is an 8" water main along Martin
Luther King Boulevard. Public water main improvements may be necessary to
provide adequate fire flow for a future development.
Sewer: Sanitary sewer is available to the site. There is a 6"public main located along Martin
Luther King Boulevard and along Gabbard Drive to the northwest of this site. The
existing gas station was served from a service from the manhole in the southwest
comer. A capacity analysis of the existing sewer mains may be necessary at the time
of development, if additional load is added.
Drainage: Standard improvements and requirements for drainage will be required for any
development.
Police: The Fayetteville Police Department has not objected to this request.
WETC\Development Services Review\20110evelopment Review\11-3870 RZN(USA Drug)\l l Planning
Commission\07-11-11\Comments and Redlines
Fire: The Fayetteville Fire Department has not objected to this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as Urban Center Area, contain taller buildings and have the most intense and
dense development patterns within the City. Urban Center Areas recognize conventional strip
development, but encourages the redevelopment of these existingproperties for more efficient use of
the land.
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: Mixed used development and traditional town form are high priorities of the cities
adopted land use and zoning plans. Rezoning the subject property to C-1 will not
likely accomplish either of these objectives. However, addressing the zoning line
discrepancy will finally allow full utilization of a lot that has been used for
commercial purposes for over 50 years.Additionally,not every property should be
developed in a traditional form, or provide a mixture of uses. This particular
property is approximately 1,700 feet from Interstate 540 and is bounded by C-2 and
I-1 property developed for fast food restaurants,auto repair and hotels.These uses
are being provided in this location to cater to a regional population and an auto-
dominated transportation system.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified, so that the property can be fully utilized for the
historic use of the property,which is commercial.The existing residential zoning on
the north half of the property limits redevelopment opportunities, because
commercial parking facilities and buildings are prohibited in this area.
3. A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: The property has supported commercial businesses for well over 40 years, so it is
unlikely that rezoning the property will increase traffic danger or 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: It is unlikely that the proposed zoning would increase the population density over
the existing density allowance of 24 units per acre. Public service providers have
&TTC\Development Services Review\2011\Development Review\l1-3870 RZN(USA Drug)\l l Planning
Commission\07-11-11\Comments and Redlines