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Home My WebLink AboutOrdinance 5432 Klnd: ORDINANCE Recorded: 09/S6/2031 at 01:45:25 PM Fee Amt:" Pace 1 of 3 Washington County. AR Bette Stamps Circuit Clerk F1102011.00025974 ORDINANCE NO. 5432 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3880, FOR APPROXIMATELY 0.10 ACRES, LOCATED AT 736 NORTH GARLAND AVENUE FROM RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, 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-40, Residential Multi-Family, 40 units per acre 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 16th day of August, 2011. APPROVED: ATTEST: By: By: �a"I'du O ELD AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer "aK/TR�nnw',,, :FAYETTEVILLE: %9d,•'9RjtANSA JS'�� "GT�ONasGs�i+`� EXHIBIT "A" RZN11-3880 STEPHENSON Close Up View C-1 HUGHES BT IhM mm n I a .. RSFdsm BERRY ST fid n��p� I _ W SUBJECT PROPERTY f EAGLE ST �UJ NF - l01 �i: t'� .i .Df. ' CLEVELAND ST ,r3 1 •TI I > W Q 40end rara � Multi-Use Trail (Existing) o Future Trails O RZN11-3880 yWootprints 2010 — Hillside-Hilltop Ovi May District Design Overlay Di 3trict Design Overlay Di Arict ------ Planning Area 0 75 150 300 450 600 Fayetteville Feel EXHIBIT "B" RZN 11-3880 PART OF LOT 12, BLOCK 13 OF THE ROSE HILL ADDITION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT RECORD BOOK 4 AT PAGE 7 ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW COMER OF LOT 12,BLOCK 13 AS SHOWN ON SAID PLAT RECORD BOOK 4 PAGE 7, THENCE S89°18'44"E 14.04 FEET TO A SET IRON PIN AND THE POINT OF BEGINNING, THENCE S89°18'44"E 85.96 FEET TO A SET IRON PIN, THENCE S 00°02'00" W 50.00 FEET TO A SET IRON PIN, THENCE N89°18'44"W 86.53 FEET TO A SET IRON PN, THENCE NOO°40'56" E 50.00 FEET TO THE POINT OF BEGINNING. Washin¢ton County,AR I1certify this instrument was,filed on 09/1$/2011 01:45:25 PM and recorded in Real Estate File Number 2011-00025974 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/16/2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 11-3880: (736 N. Garland Ave./Stephenson, 444): Submitted by Brittany Stephenson for property located at 736 North Garland Avenue. The property is zoned RMF-40, Residential Multi-Family, 40 Units per acre and contains approximately 0.10 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 O Ju • ill Previous Ordinance or Resolution# Department DWactor Date Original Contract Date: 7- zq,ear j Original Contract Number: City Attorney(f� Date Ccs Q. _ ct J�a.�N� 7�29'2orrllF1 Finance and Internal Services Director Date Received in City Clerk's Office hief f ff Date EH FdE • Received in �?7 Mayor's Office Mayor ate Comments: Revised January 15, 2009 '017 a e evi le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE !/ ARKANSAS 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: July 28, 2011 Subject: RZN 11-3880 (736 Garland Avenue) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RMF-40, Residential Multi-family, 40 du/acre, to CS, Community Services. BACKGROUND The subject property is located at the intersection of Garland Avenue and Eagle Street, adjacent to the University of Arkansas campus. Surrounding land uses and developments include Leverett Elementary, the new University of Arkansas Garland Center shops and parking garage, and the "Maple Hill" University residence hall. The 0.1-acre tract is zoned RMF-40, Residential Multi-family, 40 du/acre and is currently developed for a small single family home constructed in 1956. Staff finds that the proposed zoning is needed in order to allow for the continued use of the property for a single-family dwelling and the future redevelopment of property. The subject property contains approximately 4,250 square feet, which does not meet the minimum lot size requirements for any use in the underlying RMF- 40 zoning district; as a result, even the existing single-family home is considered "nonconforming". The CS district would allow for the maintenance of the existing single-family home and for the future redevelopment of the property. Even under the CS zoning district, the future redevelopment of the subject property would be limited in residential density and/or nonresidential intensity due to the size of the lot and the requirement of the Unified Development Code(parking, greenspace, landscaping, etc). DISCUSSION On July 25, 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 7-0-0. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3880, FOR APPROXIMATELY 0.10 ACRES, LOCATED AT 736 NORTH GARLAND AVENUE FROM RMF-40, RESIDENTIAL MULTI- FAMILY, 40 UNITS PER ACRE, 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-40, Residential Multi-Family, 40 units per acre 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 day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN11-3880 STEPHENSON Close Up View FI Hl1GHES ST I + �ywi r',• RQ Jzw dr TSI ._ BERRY ST ASFd _T� L SUBJECTPROPERTY Enda sT CLEVELANDST -.. Ile? ............. Multi-Use Trail (Existing) Future Trails O RZN11-3880 - I„Footprints 2010 - Hillside-Hilltop Ov, rlay District Design Overlay Di strict Design Overlay District ------ Planning Area Fayetteville 0 75 150 3w 460 eoFe� EXHIBIT `B" RZN 11-3880 PART OF LOT 12, BLOCK 13 OF THE ROSE HILL ADDITION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT RECORD BOOK 4 AT PAGE 7 ON FILE IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW COMER OF LOT 12, BLOCK 13 AS SHOWN ON SAID PLAT RECORD BOOK 4 PAGE 7, THENCE S89°18'44"E 14.04 FEET TO A SET IRON PIN AND THE POINT OF BEGINNING, THENCE S89°18'44"E 85.96 FEET TO A SET IRON PIN, THENCE S 00°02'00" W 50.00 FEET TO A SET IRON PIN,THENCE N89°18'44"W 86.53 FEET TO A SET IRON PN, THENCE NOO°40'56" E 50.00 FEET TO THE POINT OF BEGINNING. Tay • eevl e PC Meeting of July 25, 2011 ARKANSAS 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)Tanner THRU: Jeremy Pate, Development Services Director DATE: July 19, 2011 RZN 11-3880: Rezone (736 N. GARLAND AVE./STEPHENSON, 444): Submitted by BRITTANY STEPHENSON for property located at 736 NORTH GARLAND AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS/ACRE and contains approximately 0.10 acre. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Planner: Dara Sanders BACKGROUND: Property Description and History: The subject property is located at the intersection of Garland Avenue and Eagle Street, adjacent to the University of Arkansas campus. Surrounding land uses and developments include Leverett Elementary, the new University of Arkansas Garland Center shops and parking garage, and the "Maple Hill" University residence hall. The 0.1-acre tract is zoned RMF-40, Residential Multi-family, 40 du/acre and is currently developed for a small single family home constructed in 1956. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Multi-family dwellings RMF-40,Residential Multi-family,40 du/acre; CS, Community Services South City of Fayetteville Fire Station#2 P-1, Institutional East City of Fayetteville Fire Station#2 P-1, Institutional West Leverett Elementary P-1, Institutional Proposal: The applicant has submitted an application to rezone the property from RMF-40, Residential Multi-family, 40 du/acre, to CS, Community Services. In her letter, the applicant explains that the reason for this request is to allow for the redevelopment of the property for a use other than a single-family home. Public Comment: Staff has not received public comment. RECOMMENDATION: Based on the findings herein, staff recommends that the Planning Commission forward RZN 11- 3880 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: July 25,2011 ❑ Tabled ❑ Forwarded ❑ Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: INFRASTRUCTURE: Streets: The site has access to Garland Avenue. Garland Avenue is a fully improved divided four lane state highway in this location. Water: Public water is available to the property. There is an 8"water main along the north side of Eagle Street. Public water main improvements may need to be extended onto the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available near the site. There is an 8"public main located 50' east of this property. Public mains will need to be extended to the property to serve any proposed development. The capacity of the existing mains may need to be evaluated with any proposed development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department does not believe this development will affect calls for service. Fire: The Fayetteville Fire Department does not believe this development will affect calls for service or response times. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. 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 subject property is surrounded by uses associated with or supported by the University of Arkansas, which include a Fayetteville public elementary school, University housing, privately owned single- and multi-family structures, retail, and public services. Several of the surrounding properties have been redeveloped recently in an urban form to include multiple story buildings that are located close to the street and are designed to primarily accommodate the needs of the pedestrian. Staff finds that the applicant's request to rezone the property from a form- based, residential zoning district (RMF-40) to a form-based, mixed use zoning district (CS) is consistent with the City's planning objectives and principles, and Future Land Use Plan. The CS district would allow for a variety of residential and nonresidential uses on the property, which is consistent with the City Neighborhood Area land use designation. Staff finds that the uses, urban form, and design regulations associated with the CS district would be consistent with and contribute to the uses and redevelopment trend in the immediately surrounding area. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed in order to allow for the continued use of the property for a single-family dwelling and the future redevelopment of property. The subject property contains approximately 4,250 square feet, which does not meet the minimum lot size requirements for any use in the underlying RMF-40 zoning district; as a result, even the existing single-family home is considered "nonconforming". The CS district specifies a minimum lot width of 18 feet for a dwelling, does not require a lot area minimum for any use, and allows for 4-story buildings; therefore, the existing single-family dwelling would be considered "conforming" if the property is rezoned to CS, which would allow for the continued use and maintenance of the single-family dwelling and for the redevelopment of the property for additional dwelling units or nonresidential services. 3. A determination as to whether the proposed zoning would create or appreciably increase