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Home My WebLink AboutOrdinance 5433 C IIII�III IIIII NIII Ill 11111 nlli 11111 lel 11111 11111 11111 11111 11 11 Illi D c ID: p1420S8b0003.Typec REL Recorded 109%16/2011 at 01:45:42 PM Fee Amt: $25.00 Page 1 of 3 Bette Stamp6 ClrcultRClerk F11e2011.00025975 ORDINANCE NO. 5433 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3877, FOR APPROXIMATELY 2.92 ACRES, LOCATED AT 130 SOUTH HILL AVENUE FROM RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, TO DG, DOWNTOWN GENERAL 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 hereby changes the zone classification of the following described property from RMF-40, Residential Multi-Family, 40 units per acre to DG, Downtown General, 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 16''day of August, 2011. APPROVED: ATTEST: By: - - By: �i 0_'W'W /%;_. � ) I NELD AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer 6X GAS Y pSG�.� �U• ;fie :FAYETF ILLE: ;�y�;.9,QkANSP�J�e "41 Tos EXHIBIT "All RZN11-3877 ECO MODERN FLATS Close Up View ...a POWEWOO(� f'<. mft ...,. .......,.....rtes IMEADOWST 8 '•.:g w zza SUBJECT PROPERTY ca .3 7READWELL ST Y 2 •� 7J ` I I V •Z y n r�SM PUTMAN ST ROCKS? A A PA 6p � - R-0 00. m IiI' j If;'SII QQ L® r RSF4 i• ' I�f 1 _ ! � ISOUTHS ...... dm- Tra;jl{Exist �.• RSF-7 I ; .. 10, F uref'rpils mel Z'N1f=3877 1 . µFootprints 2010 _ Hillside-Hilltop Overlay District .L _! Design Overlay Di trict Design Overlay M.trict ------ Planning Area Fayetteville 0 zs 250 600 750 OFee EXHIBIT /°B" RZN 11-3877 EXISTING DEED DESCRIPTION BOOK 2010,PAGE 133721: LOTS 7,8,9,10,11,12,13,14,15,16,17,AND 18, BLOCK 1, PUTMAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 6, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. TOGETHER WITH THAT PORTION OF THE ALLEY IN SAID BLOCK 1, LYING ADJACENT TO AND IN BETWEEN LOTS 7, 8, 9, 10, 11, 12, BLOCK 1 AND LOTS 13, 14, 15, 16, 17, 18, BLOCK 1, PUTMAN'S ADDITION, AS CLOSED BY FAYETTEVILLE CITY ORDINANCE. SUBJECT TO EASEMENTS, RIGHTS-OF-WAY, AND PROTECTIVE COVENANTS OF RECORD, IF ANY. SUBJECT TO ALL PRIOR MINERAL RESERVATIONS AND OIL AND GAS LEASES. Washington County,AR I certify this instrument was filed on 09/16/2011 01:45:42 PM and recorded in Real Estate File Number 2011-00025975 Bette Stamps- Circuit lark 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 Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: RZN 11-3877: (130 S. Hill Ave./Eco Modern Flats, 522): Submitted by Seth Mims for property located at 130 South Hill Avenue. The property is zoned RMF-40, Residential Multi-Family, 40 Units per acre and contains approximately 2.92 acres. The request is to rezone the subject property to DG, Downtown General. 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# Department Dir for Date Original Contract Date: F Zrl- I Original Contract Number City Attorney 1 (� � Date YoA Q td.� ��` -1 - LOtt ` r F, Finance and Internal Services Director Date Received in Clty og{^.1, J�� Cterk's Office CITY OF ifs.,: hie of St ff Date Received in pi:llT Mayor's Office ayor fSate Comments: Revised January 15, 2009 • TyeIrve e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE A F iCAN SAS 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 28, 2011 Subject: RZN l l-3877 (Eco Modern Flats) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RMF-40, Residential Multi-family, 40 units per acre to DG, Downtown General. BACKGROUND The subject property contains approximately 2.92 acres that is bounded by Hill Avenue to the west, Putman Street to the south and University Avenue to the east. The property is developed with four apartment buildings that were constructed in the 1960's/1 970's. Significant renovations to the buildings and grounds are in progress. The applicant has submitted an application to rezone the property from RMF-40, Residential Multi-family, 40 units per acre to DG, Downtown General. DISCUSSION On July 25, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of approval for the DG, Downtown General zoning district with a vote of 8-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3877, FOR APPROXIMATELY 2.92 ACRES, LOCATED AT 130 SOUTH HILL AVENUE FROM RMF-40, RESIDENTIAL MULTI- FAMILY, 40 UNITS PER ACRE, TO DG, DOWNTOWN GENERAL 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 DG, Downtown General, 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" RZN11-3877 ECO MODERN FLATS Close Up View POWERHO' xsC MEADOW ST '¢ n 11 - `. r 'SUBJECT PROPERTY S rI a IK TREADWELL ST 1 vi' 'J mi re Pl1TMAH ST •• '' .Y i i _ _•.. ` -' i f ROCK Gi a z iu �. DO SJ fIJ f i Q J f Lellll _ x RSF4ri Multi-Use'Trail,(Existig) ` RSF.7 +� u„ �.. ��Future:,7roils � I ,., a iSODTH3 �aRZN11'``3877 �Wootprints 200 - Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict ------ Planning Area 0 125 250 500 750 1.000 Fayetteville Fee EXHIBIT "B" RZN 11-3877 EXISTING DEED DESCRIPTION (BOOK 2010, PAGE 13372): LOTS 7,8,9,10,11,12,13,14,15,16,17, AND 18, BLOCK 1, PUTMAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 6, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. TOGETHER WITH THAT PORTION OF THE ALLEY IN SAID BLOCK 1, LYING ADJACENT TO AND IN BETWEEN LOTS 7, 8, 9, 10, 11, 12, BLOCK 1 AND LOTS 13, 14, 15, 16, 17, 18, BLOCK 1, PUTMAN'S ADDITION, AS CLOSED BY FAYETTEVILLE CITY ORDINANCE. SUBJECT TO EASEMENTS, RIGHTS-OF-WAY, AND PROTECTIVE COVENANTS OF RECORD, IF ANY. SUBJECT TO ALL PRIOR MINERAL RESERVATIONS AND OIL AND GAS LEASES. Ta7elm e PC Meeting of July 25, 2011 Ai 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: Tu' 44,-24 'r Updated July 28, 2011 RZN 11-3877: Rezone (130 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by SETH MIMS for property located at 130 SOUTH HILL AVENUE. The property is zoned RMF- 40, RESIDENTIAL MULTI-FAMILY, 40 UNITS/ACRE and contains approximately 2.92 acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL. Planner: Jesse Fulcher BACKGROUND: Property Description: The subject property contains approximately 2.92 acres that is bounded by Hill Avenue to the west, Putman Street to the south and University Avenue to the east. The property is developed with four apartment buildings that were constructed in the 1960's/1970's. Significant renovations to the buildings and grounds are in progress. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site North Single-family/Multi-family DG, Downtown General South Single-family/Multi-family RMF-40, Residential Multi-family 40 units/acre East Single-family/Multi-familv Neighborhood Conservation/Main Street Center West Multi-family RMF-40, Residential Multi-family 40 units/acre Proposal: The applicant is requesting to rezone the property to DG, Downtown General. Public Comment: No public comment has been received. RECOMMENDATION: Finding that the proposed rezoning is consistent with City Plan 2030 and based on the additional findings stated herein, staff recommends forwarding RZN 11-3877 (Eco Modem Flats) to the City Council with a recommendation for approval. G:IEY'COevelopnent Services Review12011IDevelopment Reviewll/-3877 RZN 130 S.Hill(Eco Modem Flws)103 Planting Commission107-25- /hCamrnenls and Redlnresi l l-3877 PLNG Reportdoc PLANNING COMMISSION ACTION: Required YES Date: July 25, 2011 O Tabled Forwarded O Denied Motion: Chesser Second: Cook Vote: 8-0-0 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: August 16, 2011 INFRASTRUCTURE: Streets: The site has access to Hill Avenue, Putman Street, and University Avenue. Hill Avenue is an older improved two lane public street in this location. University and Putman Street are both unimproved two lane paved city streets in this location. Street improvements will be evaluated at the time of development submittal. Water: Public water is available to the property. There is a 4" water main along Hill Avenue and a 6" water main along Putman 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 to the site. There is an 8" public main along University Avenue on the east side of this property. Public mains may need to be extended to the property to serve any new 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 rezoning will substantially alter the population density or create an appreciable or undesirable load on police services. Fire: The Fayetteville Fire Department anticipates 12 calls for service each year after build-out. Response time is estimated to be 3 minutes from Station No. 1. G:IETODevelopmenl Services ReeieM20110,e ,Iopman(Revlew111-3877 RZN 130 S-Hill(Eco Modem Flnls)103 Planning Comaimion107-15- 111CommeNs and Redlinesll1-3877 PLNG Repo?I.doc CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area, which includes the widest spectrum of uses and housing types. 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 proposed rezoning is consistent with land use objectives and policies. This area is densely developed and contains a wide variety of residential and nonresidential land uses. The Downtown General zoning district will support similar residential densities as the RMF-40 zoning district, and allow for property owner to include low intensity nonresidential uses that can serve residents of this property, or from surrounding neighborhoods. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has stated that the intent is to construct a new residential building on the property that would also contain a small number of units that would be available for rent or lease for periods less than one week. This short-term unit type is not permitted in the RMF-40 zoning district and therefore it is necessary for the property owner to rezone the property to allow some nonresidential uses. The Downtown General zoning district will not allow this use by right, but will provide the owner an opportunity to request a conditional use permit for short-term lease/rental units. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The subject property is currently zoned for 40 units per acre, the densest residential district available. And at this time the property is nearly completely developed. The request to rezone the property will allow for some nonresidential uses to be included on the property, but should not generally create or appreciably 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: As noted in finding #3 above, the proposed zoning should not appreciably alter the population density over the existing RMF-40 zoning designation. Increased load on public services were taken into consideration and G:IEMDevelopment Services Re,iewl20111Development RevievvI I I-3877 RZN 130S.Hill(Eco Modern Flats)103 Planning Commission107-25- IllComments and Redliaesll 1-3877 PLNG Repori.doc