HomeMy WebLinkAboutOrdinance 5471 i►iiiii►ilii►ii►►iii�i►►viii►iiiiiiiiiiiiiii►�i►iiiiiiiiiiiiiiiiiiii�►ii►►iiiiii
DOC ID: 014400840003 Type: REL
K1nd: ORDINANCE
Recorded: 01/24/2012 at 03:23:53 PM
Fee Amt: $25.00 Page 1 of 3
Washlnaton Countv. AR
Bette Stamps CSrcult Clerk
File2012-0000207
2
ORDINANCE NO. 5471
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3971, FOR APPROXIMATELY 25.35
ACRES, LOCATED AT THE END OF BEST WAY STREET AND
HOLLYWOOD AVENUE FROM C-2, THOROUGHFARE COMMERCIAL,
TO RMF-12,RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE
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 C-2, Thoroughfare Commercial to
RMF-12, Residential Multi-Family, 12 units per acre, 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 amend the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this 20th day of December, 2011.
APPROVED: ATTEST:
By: By' N14,
O ELD AN,Mayor SONDR A E. SMITH, City Clerk/Treasurer
U,�V�G�SY OF•G,p�i
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;FAYETiEVILLEe 3
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EXHIBIT "A"
RZN11-3971 BARRETT
Close Up View
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SUBJECT PROPERTY
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'Limits
ZN11-3971
Footprints 2010
- Hillside-Hilltop Overlay District
Design Overlay Di trict
Design Overlay Di trict
0 175 350 700 5.050 1.900
----- Planning Area F11
EXHIBIT `B"
RZN 11-3971
LOT 2 AND 3 OF MAJOR ADDITION AS RECORDED IN THE OFFICE OF THE CIRCUIT
CLERK IN WASHINGTON COUNTY, ARKANSAS AND BEING A PART OF THE SWIA
OF THE NWI/4 AND A PART OF THE SEI/4 OF THE NWI/4 OF SECTION 20, T16N,
R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS
FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SWIA, NWI/4 THENCE
S86059'03"E 200.00 FEET, THENCE S01°56'51"W 1319.68 FEET, THENCE N87°09'48"W
741.60 FEET, THENCE N16°01'18"W 81.09 FEET, THENCE N21°31'18"W 405.70 FEET,
THENCE N17007'01"W 172.56 FEET, THENCE N17°19'24"W 128.45 FEET, THENCE
N10001'42"E 64.82 FEET, THENCE N69°24'08"E 369.58 FEET, THENCE N20°31'16"W
112.58 FEET, THENCE N10021'05"E 284.38 FEET, THENCE S86°29'55"E 478.08 FEET TO
THE P.O.B.; CONTAINING 25.35 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
01/24/2012 03:23:53 PM
and recorded in Real Estate
File Number 2012-00002072
Bette S ps- it Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/20/2011
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3971: (The End of Best Way St. & Hollywood Ave./Barrett, 559): Submitted by Jorgensen &Associates for
property located at the end of BEST WAY STREET AND HOLLYWOOD AVENUE. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 25.35 acres. The request is to rezone the subject property to
RMF-12, Residential Multi-Family, 12 units per acre.
Cost of this request Category I 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
Previous Ordinance or Resolution#
Depa en i ector Date
Original Contract Date:
r12 I J Original Contract Number:
ey Date
Finance and Internal Services Director Date Received In Citi
Ant, �/��� Clerk's Office
Chief of Staff Date
Received inr/ �
Mayor's Offices
yor ate
Comments:
Revised January 15,2009
Tae evi le THE CITY OF FAYETfEVJLLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff 77pp
Jeremy Pate, Development Services DirectoA
From: Dara Sanders, Current Planner
Date: December 1, 2011
Subject: RZN 11-3971 (Barrett)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from
C-2, Thoroughfare Commercial, to RMF-12, Residential Multi-family, 12 dwelling units per acre.
BACKGROUND
The subject property is located southeast of Martin Luther King Boulevard and Futurall Drive, and Hollywood
Avenue and Best Way Street end at the northern portion of the undeveloped lot. The property contains 25.35
acres and is zoned C-2, Thoroughfare Commercial.
The applicant has submitted an application to rezone the property from C-2, Thoroughfare Commercial, to
RMF-12, Residential Multi-family, 12 dwelling units per acre.
DISCUSSION
On November 14, 2011, the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 9-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3971, FOR
APPROXIMATELY 25.35 ACRES, LOCATED AT THE END
OF BEST WAY STREET AND HOLLYWOOD AVENUE
FROM C-2, THOROUGHFARE COMMERCIAL, TO RMF-12,
RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE
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 C-2, Thoroughfare Commercial to
RMF-12, Residential Multi-Family, 12 units per acre, 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 amend 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"
RZN11-3971 BARRETT
Close Up View
y taa {r SUBJECT PROPERTY
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Limits
LUUJJRZN11-3971
M Footprints 2010
- hillside-Hilltop Overlay District
Design Overlay Di trict
Design Overlay Di irict
------ Planning Area
o AT5 350 )o-0 1.050 1.400
Fet
EXHIBIT "B"
RZN 11-3971
LOT 2 AND 3 OF MAJOR ADDITION AS RECORDED IN THE OFFICE OF THE CIRCUIT
CLERK IN WASHINGTON COUNTY, ARKANSAS AND BEING A PART OF THE SWIA
OF THE NW1/4 AND A PART OF THE SEI/4 OF THE NW1/4 OF SECTION 20, T16N,
R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS
FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SWI/4, NWI/4 THENCE
S86059'03"E 200.00 FEET, THENCE S01°56'51"W 1319.68 FEET, THENCE N87°09'48"W
741.60 FEET, THENCE N16°01'18"W 81.09 FEET, THENCE N21°31'18"W 405.70 FEET,
THENCE N17007'01"W 172.56 FEET, THENCE N17°19'24"W 128.45 FEET, THENCE
N10001'42"E 64.82 FEET, THENCE N69°24'08"E 369.58 FEET, THENCE N20°31'16"W
112.58 FEET, THENCE N10°21'05"E 284.38 FEET, THENCE S86029'55"E 478.08 FEET TO
THE P.O.B.; CONTAINING 25.35 ACRES MORE OR LESS SUBJECT TO EASEMENTS
AND RIGHT OF WAY OF RECORD.
•
TayelPC Meeting of November 14, 2011
ARKAN SFlS
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: November 7, 2011
RZN 11-3971: Rezone (THE END OF BEST WAY ST. & HOLLYWOOD AVE./BARRETT, 559):
Submitted by JORGENSEN&ASSOCIATES for property located at the end of BEST WAY STREET AND
HOLLYWOOD AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 25.35 acres. The request is to rezone the property to RMF-12, RESIDENTIAL NI LTI-
FAMILY, 12 UNITS PER ACRE. Planner: Dara Sanders
BACKGROUND:
Property Description: The subject property is located southeast of Martin Luther King Boulevard
and Futurall Drive, and Hollywood Avenue and Best Way Street end at the northern portion of the
undeveloped lot. The property contains 25.35 acres and is zoned C-2, Thoroughfare Commercial.
Surrounding land uses and zoning are shown in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Mixed commercial uses C-2, Thoroughfare Commercial
South Undeveloped property, UT, Urban Thoroughfare
Fayette Junction Master Plan Area RMF-12, Residential Multi-family, 12 dulacre
East Warehousing 1-1, Heavy Commercial and Light Industrial
West Undeveloped property, motel C-2, Thoroughfare Commercial
Proposal: The applicant has submitted an application to rezone the property from C-2,
Thoroughfare Commercial, to RMF-12, Residential Multi-family, 12 dwelling units per acre.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding RZN 11-3901 to the City Council with a recommendation of approval
based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: 11-14-11 ❑ Forwarded ❑ Denied ❑Tabled
Motion: Second: Vote:
CITY COUNCIL ACTION: Required YES
❑Approved ❑ Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Futrall Drive, Hollywood Avenue, and Best Way Street.
Futrall Drive is a two lane Highway Frontage Road. Hollywood Avenue is an
unimproved two-land street that dead-ends at the property and connects to Martin
Luther King Boulevard at a signal. Best Way Street is an improved two lane
residential city street. Street improvements will be evaluated at the time of
development.
Water: Public water is available to the property. There is an 8"water main stubbed out to
the property from Best Way Street in the north west comer of the property. Public
water main improvements will need to be extended through the property to provide
domestic and fire flow for any proposed development.
Sewer: Sanitary sewer is available to the site. There is an 8"and a 24"public main running
through the middle of this property. Public mains may need to be extended within
the property to serve any proposed development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is affected by the 100-year floodplain and the
Streamside Protection Zones.
Police: The Fayetteville Police Department finds that this rezoning request will not create an
undesirable increase in the load on police services but requests that two points of
access be considered at the time of development.
Fire: The Fayetteville Fire Department finds that this rezoning will not 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 Urban Center Area, which contains the most intense and dense development
patters within the City, as well as the tallest and greatest variety ofbuildings, including apartments,
retail, hotels, etc.
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: Surrounding properties are a mixture of residential, commercial, and light
industrial/warehousing uses. The introduction of a form-based, multi-family
zoning district into this transitional area south of Martin Luther King
Boulevard and north of the Fayette Junction Master Plan Area, is compatible
with the surrounding uses and with the future land use designation of Urban
Center Area. The majority of the property to the south would allow for multi-
family dwellings, and development of this site would likely result in the
extension of at least one public street (Hollywood Avenue), as indicated on the
Master Street Plan, which would increase connectivity and walkability in this
area.
Further, the RMF-12 zoning district would be consistent with many of the
primary goals of City Plan 2030 including:
Goal 2: We will discourage suburban sprawl.
The applicant proposes to rezone the property from a conventional zoning
district that requires a sprawling, suburban form to a form-based zoning
district that requires a more traditional town form. By developing this site
under the RMF-12 zoning district,this proposal discourages suburban sprawl.
Goal 3: We will make traditional town form the standard.
This proposed RMF-12 zoning is a form-based zone with a build-to zone and
associated design standards that require a traditional town form. This type of
zoning provides the opportunity for a variety of uses creating the ability to live,
work, shop, and have daily needs and services met within walking distance.
Goal 4: We will grow a livable transportation network.
By being a form-based zone, the development of this property for residential
uses would provide the opportunity to concentrate development near one of the
busiest corridors of the City with access to transit,and in close proximity to the
University of Arkansas, a major employment and economic center of the City.
This helps towards the goal of improved and expanded public transit.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: While the goals and future land use designations of City Plan 2030 acknowledge
the conventional C-2, Thoroughfare Commercial, zoning district, the City's
planning objectives, principles, and policies discourage the suburban and
sprawling development form resulting from the C-2 bulk and area regulations.
The RMF-12 zoning district is a form -based zoning district that promotes
traditional town form with articulated buildings located close to the street;
therefore, staff finds that the proposal is justified and needed at this time in
order for this vacant property to develop in a form that is consistent with the
City's planning objectives, principles, and policies.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that the request could result in the potential for an increase in
traffic, as the property is currently undeveloped; however, the Fayetteville
Police Department does not anticipate that the zoning change will create or
appreciably increase traffic danger and congestion. The site is currently zoned
for commercial uses, which could generate large volumes of traffic compared to
the proposed RMF-12 zoning district. Any development proposal submitted to
the City for this property will be reviewed for traffic impact, street
improvements, and access in accordance with the regulations of the Unified
Development Code. The site is bound by collector streets on the east and west
that provide a connection to signalized intersections on Martin Luther King
Boulevard.
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: The population density would increase with the proposed RMF-12 zoning
district, as single and multi -family uses are the primary uses permitted by right,
and they are not permitted under the current C-2, Thoroughfare Commercial,
zoning district. The Fayetteville Police and Fire Departments have not expressed
concerns with the impact of this rezoning to their services.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: Not applicable. Staff is recommending approval.
161.12 District RMF-12, Residential Multi -
Family —Twelve Units Per Acre
(A) Purpose. The RMF-12 Multi -family Residential
District is designed to permit and encourage the
development of multi -family residences at a
moderate density that is appropriate to the area.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 11
Manufactured home park
Unit 12
Limited business
Unit 24
Home occupations
Unit 25
Professional offces
Unit 36
Wireless communications facilities
(C) Density.
11 Units per acre 1 12 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured home
ark
50 ft.
Single family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a
manufactured home park
4,200 sq. ft.
Townhouse:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
79,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per dwelling unit.
Manufactured home
3.000 sq. ft.
Apartments:
No bedrooms
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two or more bedrooms
2,000 sq. ft.
Fraternity or Sorority
1,000 sq. ft. per resident
(E) Setback requirements.
Front
Side
Rear
The principal
8 ft.
25 ft.
fagade of a
building shall be
built within a
build -to zone
that is located
between 10 feet
and a line 25
feet from the
front property
line.
Cross reference(s)—Variances, Ch. 156
(F) Building height regulations.
Buildin Hei ht Maximum 60 ft.
Height regulations. Any building which exceeds
the height of 20 feet shall be set back from any
side boundary line of an adjacent single family
district, an additional distance of one foot for
each foot of height in excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50% of the
lot width.
161.18 District C-1, Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial District
is designed primarily to provide convenience
goods and personal services for persons living in
the surrounding residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 25
Offices, studios, and related services
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
_permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 16
Shopping oods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments"
Unit 36
Wireless communications facilities'
Unit 40
Sidewalk Cafes
Unit 42
Clean technolo ies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to a
residential district
10 ft.
Rear
20 ft.
(F) Height regulations. There shall be no maximum
height limits in C-1 District, provided, however,
that any building which exceeds the height of 10
feet shall be setback from any boundary line of
any residential district a distance of one foot for
each foot of height in excess of 10 feet.
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 40% of the total
area of such lot.
RZN 11-3971: Rezone (THE END OF BEST WAY ST. & HOLLYWOOD AVE./BARRETT,
559): Submitted by JORGENSEN & ASSOCIATES for property located at the end of BEST
WAY STREET AND HOLLYWOOD AVENUE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 25.35 acres. The request is to
rezone the property to RMF-12, RESIDENTIAL MULTI -FAMILY, 12 UNITS PER ACRE.
Planner: Dara Sanders
Public water is available to the property. There is an 8" water main stubbed out to the property
from Best Way Street in the north west corner of the property.. Public water main improvements
will need to be extended through the property to provide domestic and fire flow for any proposed
development.
Sanitary sewer is available to the site. There is an 8" and a 24" public main running through the
middle of this property. Public mains may need to be extended within the property to serve any
proposed development.
The site has access to Futrall Drive and Best Way Street. Futrall Drive is a two lane Highway
Frontage Road. Best Way Street is an improved two lane residential city street. Street
improvements will be evaluated at the time of development.
Standard improvements and requirements for drainage will be required for any development.
This property is affected by the 100-year floodplain and the Streamside Protection Zones.
Date 11/04/11
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for comments on proposed RZN 11-3971:
Rezone (THE END OF BEST WAY ST. & HOLLYWOOD AVE./BARRETT, 559):
Submitted by JORGENSEN & ASSOCIATES for property located at the end of BEST
WAY STREET AND HOLLYWOOD AVENUE.
It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density, and will not create an appreciable or undesirable increase in
the load on police services. I would ask that two points of access to this area be required.
These two points of access would keep all the traffic off of a single intersection and
would give public safety an additional access into the area in the event of an emergency.
Sincerely,
Captain William Brown
Fayetteville Police Department
I HE CITY OF FAYETTEVILLE, ARKANSAS
Zoning Review
To:
Dara Sanders,
From:
Captain Mark Stevens
Date:
November 8, 2011
Re:
RZN 11-3971
FIRE DEPARTMENT
303 West Center Street
' pew Fayetteville, AR 72701
P (479) 575-8365 F (479) 575-0471
This development will be protected by Engine 6 located at 900 S. Hollywood
It is .15 miles from the station with an anticipated response time of 1 minute to the beginning of the development.
The Fire Department anticipates 50 (32 EMS - 18 Fire/Other) calls for service each year after the development is
completed and maximum build -out has occurred of 304 residential units. Typically, this type of development usually takes
12 - 18 months, after the development is started, before maximum build -out and the service impact to occur.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times.
If you have any questions please feel free to contact me.
Captain Mark Stevens
Assistant Fire Marshal
Fayetteville Fire Department
Telecommunications Device forthe Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 . FAYETTEVILLE, ARKANSAS 72703 ' (479) 442-9127 . FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
JUSTIN L. JORGENSEN, P.E.
BLAKE E. JORGENSEN, P.E.
10-4-11
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Development Services
Re: Hollywood property Rezoning
This letter is in regards to the above referenced proposed rezoning and the following required information:
A. The current owner of this site is Tom & Hansaben Bhakta, and Terry & Sun Dill.
B. Currently this property is zoned C-2. The reason for the requested RMF-12 zoning is to allow for
potential multi -family housing. The current zoning limits the marketability of the property and has yet
to find a suitable new owner; the market has indicated that the current zoning is not desired; however
the RMF-12 zoning would suit this property well.
C. By proposing RMF-12 zoning for this property. Goods and services along 6th Street (Martin Luther
Kind Blvd) will benefit from this rezoning and the traffic generated will naturally create business for
these existing and future services. This rezoning will aid in developing a cohesive living environment
as the adjacent lands develop.
D. Sewer currently lies on the east side of an existing stream and runs through the property. Water lies
on the west side and north. Size appears to be sufficient.
E. Rezoning this property to RMF-12 falls in line of the land use principles and demands of this area.
F. This zoning is appropriate at this time and is necessary to meet the current and future market needs.
G. This rezoning will increase traffic to this region; however this property is adjacent to a major street
which has the capacity for this increased traffic load. Increased traffic will also aid in the commercial
businesses within the vicinity of this project.
H. Rezoning this property will increase population density, which will benefit this city and negate urban
sprawl, which is not in line with the City's 2030 Plan. Public services are in -place and have the
capacity to support this rezoning.
1. This property has been on the market for sometime now and it is apparent that commercial uses are
not appropriate for this site. The flexibility of the RMF-12 zoning will allow the Streamside
Protection areas to be better preserved, as commercial property would prefer frontage along Frontage
Drive, which happens to fall within floodplain boundaries. The Future Multi -use trail that is an
integral part of the property will properly serve the pedestrians who will live in the new multi -family
development, and this trail system would likely be more utilized by a multi -family development than
a commercial development.
We ask that you please consider this rezoning. Please contact us if you have any questions.
Sincerely;
i
B c E Jorgensen, P.E.
PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS . LAND SURVEYING'
RZN11-3971 BARRETT
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NORTHWEST ARKANSAS DEMOCRATfGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING
E OF NSAS TIMES
NBVSPAPERSLLC BNTON CNORTHWOUNTY NTY DAIL DAILY
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOA 1607. 72702 1 479-442-1700 1 WWW..NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5471
Was inserted in the Regular Editions on:
January 5, 2012
Publication Charges: $ 58.36
Lj& NN
Cathy Wiles
Subscribed and sw m to before me
This day o9-(.W 7, 2012.
0/ 1/,. i',
Notary Public
My Commission Expires:
SANDRA E. SCHACHERBAUER
BENTON COUNTY
NOTARY PUSUC•ARKANSAS
My COf Isfth EMPiras A04115, 2017
j Comm"Oh NO.123SM91
JAN 11 2012
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO 5471
AN ARDINANGE REZONING THAT PROPERTY - -
DESCxRJBED IN¢REZONING PETTTION RZN 11 3.971
'T€ `APPR�G?,8Q; ATtuELY $5TZpP-ApRes.XOOA�7,EgDAT
A ENUEP..''"FT70TQ1A Tp :n�THOHOUG�1.1rV% uJ.. SCR PN5P5 m
COMMERCIA4 TO RMF 12, RESIDENIIAL MULTI-,-
FA14, EMCITY CWNCRa OF THE CRY OP f3
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SE.rVAINE�HE AQE7fEVs
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.R}.q}.>T72; fl�"s1�anHSl�l�tli Fare t2 Onits Per_a"`cre#as sf>t3vmfiniEkhlb`tts�A,end B' t
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d11i6181itain@meR�Nf�OC"of Fiyp,evEs to te`griiiaeTrg q�sljgs,prmtded'Gi SacWn1 ;
PA,48ED arld APR01�lED ihi6.20ih OaY A7 2��I11 : d LY ,£x? .;
APPROVED.
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BY.' E SMI7j1 ,OI C1erIJTreasULe[
LIONELI}..1,OROAN MayaraT
Pof[s"{o`r�1Ns 6TOlnance may be vleWeO M ttre"o(flcfl o'Vthe CilyGerWTreavtrer
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.