HomeMy WebLinkAboutOrdinance 5514 Doc ID: 014780020003 Type: REL
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Bette�5tamosoCl rcultRClerk
F11e2012-00025272
ORDINANCE NO. 5514
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 12-4135, FOR APPROXIMATELY 0.34 ACRES,
LOCATED AT 521 NORTH COLLEGE AVENUE FROM C-2,
THOROUGHFARE COMMERCIAL 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 C-2, Thoroughfare Commercial 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 Th day of August, 2012.
APPROVED: ATTEST:
By: y:
LILKEtD JORD , ayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "A"
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EXHIBIT "B"
RZN 12-4135
LOT 8, BLOCK I (OAK GROVE), FAYETTEVILLE, ARKANSAS.
Washington County,AR
I certify this instrument was filed on
08/24/2012 02:49:18 PM
and recorded in Real Estate
File Number 2012.00025272
Bette Stamp v ' Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/7/2012
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
RZN 12-4135: (521 N. COLLEGE AVE./RODDEY, 445): Submitted by COMMUNITY DEVELOPMENT PARTNERS,
LLC for property located at 521 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 0.34 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
Aw I Previous Ordinance or Resolution#
Department Urector Dale
Original Contract Date:
I-�L, /, �
Original Contract Number:
City Attorney Date
Pg.,.,Slg - 7-Zo-2g,z
Finance and Internal Services Director Date Received in CRy-
Clerk's Office
Chief of 5 Date EH ER 17
• Received in
Mayor's Office
ay D to
Comments:
Revised January 15,2009
Ta7yM.vr le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARRAN 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 19, 2012
Subject: RZN 12-4135 (521 N. College Avenue/Roddey)
RECOMMENDATION
Planning staff and the Planning Commission recommend approval of an ordinance to rezone the subject property
from C-2, Thoroughfare Commercial to DG, Downtown General,
BACKGROUND
The subject property is located at 521 N. College Avenue and zoned C-2, Thoroughfare Commercial. The
property is currently developed with the Twin Arch Motel, a two building complex constructed in
approximately 1950.
Proposal: The applicant proposes to rezone the property from C-2, Thoroughfare Commercial to DG,
Downtown General.
DISCUSSION
On June 25, 2012 the Planning Commission voted 9-0-0 to forward this request to the City Council with a
recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 12-4135, FOR
APPROXIMATELY 0.34 ACRES, LOCATED AT 521 NORTH
COLLEGE AVENUE FROM C-2, THOROUGHFARE
COMMERCIAL 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 C-2, Thoroughfare Commercial 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 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN12-4135 RODDEY
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EXHIBIT "B"
RZN 12-4135
LOT 8, BLOCK 1 (OAK GROVE), FAYETTEVILLE, ARKANSAS.
ftftmft
aye eve e
PC Meeting of June 25, 2012
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: une49—, 204-2 Updated June 26, 2012
RZN 12-4135:Rezone(521 N.COLLEGE AVE./RODDEY,445): Submitted by COMMUNITY
DEVELOPMENT PARTNERS, LLC for property located at 521 NORTH COLLEGE AVENUE.
The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.34
acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located at 521 N. College Avenue and zoned C-2,
Thoroughfare Commercial. The property is currently developed with the Twin Arch Motel, a two
building complex constructed in approximately 1950. Surrounding land use and zoning is listed in
Table 1.
Table 1
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North Commercial C-2, Thoroughfare Commercial
South Commercial C-2, Thoroughfare Commercial
East Commercial C-2, Thoroughfare Commercial
West Residential RMF-24,Residential Multi-family
Proposal: The applicant proposes to rezone the property from C-2, Thoroughfare Commercial to
DG, Downtown General,
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding rezoning request RZN 12-4135 (521 N. College Ave./Roddey)to the
City Council with a recommendation for approval based on the findings stated herein.
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PLANNING COMMISSION ACTION: Required YES
Date: June 25,2012 O Tabled Forwarded O Denied
Motion: Chesser Second: Cook Vote: 9-0-0
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to N. College Avenue,which is a four-lane paved state highway,
and a public alley to the west. Street improvements would be evaluated at the time of
redevelopment.
Water: Public water is available to the property. There is an 8" main along N. College
Avenue. A public main may need to be extended through the property to provide
domestic and fire flow for future development.
Sewer: Sanitary sewer is available to the site. There is a 8" public main along N. College
Avenue.A public main may need to be extended through the property to serve future
development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is not affected by the 100-year floodplain.
Police: Staff has not received any objection from the Police Department to this rezoning.
Fire: This property will be covered by Engine#1 located at 303 W. Center Street. It is 1.1
miles from the station with an anticipated response time of 3 minutes. The Fire
Department does not feel that this rezoning will affect the 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, are more densely population than residential
neighborhood areas and provide a varying mix of nonresidential and residential land uses. This
designation supports the widest spectrum of uses and encourages density in all housing types,from
single-family to multifamily. .
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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: Staff finds that rezoning the property to Downtown General would be more
consistent with the land use planning objectives,principles and polices than the
existing C-2 zoning district. The Downtown General zoning district will allow
for office, retail, light commercial and residential uses. A conventional zoning
district such as C-2, Thoroughfare Commercial may allow some of the same
types of uses, but prohibit a desired development pattern due to the large
setbacks from the right-of-way(between 25'-50'). Additionally,residential uses
in the C-2 zoning district are only permitted as an accessory use,restricting the
use of the property to predominantly commercial use.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The subject property has been utilized as a motel since construction in the early
1950's. The current C-2 zoning designation requires that at least 51% of the
structure be utilized for commercial purposes. A rezoning to Downtown
General will allow the applicant to utilize the existing structures for residential
or commercial uses with no restriction on the size of either use.Additionally,the
buildings currently violate the C-2 district building setbacks. Rezoning the
property to DG,with a 0-25' build-to zone will resolve this encumbrance.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Based on staff findings and the Fayetteville Police Department report, the
proposed rezoning will not create or appreciably increase traffic danger and
congestion in the area. The property has access to College Ave., a Principal
Arterial, and a public alley. Access to the site will be reviewed at the time of
redevelopment.
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: Staff finds that the proposed zoning will not create undesirable impacts to
public services, or a residential density that is incompatible with the
surrounding area, based on a review of infrastructure, existing land uses, and
the development potential of the property.The property is currently zoned C-2,
Thoroughfare Commercial.The change in zoning to Downtown General will not
permit uses that will adversely impact public services.
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Increased load on public services were taken into consideration and
recommendations from the Engineering, Fire, and Police Departments are
included in this report.
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: N/A
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FAYETTEVILLE UNIFIED DEVELOPMENT CODE
161.18 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 12
Offices, studios and related services
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 15
Neighborhood shopping oods
Unit 16
Shopping goods
Unit 17
Trades and services
Unit 18
Gasoline service stations & drive-in restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Professional offices
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback)egulations.
Front
50 ft.
Side
None
Side, when contiguous to
a residential district
15 ft.
Rear
20 ft.
(F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any
boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No
building shall exceed six stories or 75 feet in height.
(G) Building area, On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
(Code 1965, App A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991,
§160-036; Ord No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; Ord. 4992, 3-06-07; Ord.
5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5238, 5-5-09)
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161.22 Downtown General.
(A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the
Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not
categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture
of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range
of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter
96: Noise Control, the Downtown General district is a residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit I 0
Three-family dwellings
Unit 12
Offices, studios and related services
Unit 13
Eating places
Unit 15
Neighborhood shopping goods
Unit 24
Home occupations
Unit 25
Professional offices
Unit 26
Multi -family dwellings
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
recyclable materials
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
I Dwelling (all unit types) 1 18 ft.
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(2) Lot area minimum. None.
(E) Setback regulations.
Front
The principal facade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from
the front property line.
Side, facing street
The principal facade of
a building shall be built
within a build -to zone
that is located between
the front property line
and a line 25 ft. from
the front property line.
Side, internal
None
Rear, without easement
5 ft.
or alley
Rear, from center line
12 ft.
of an easement or alley
(F) Minimum buildable street frontage. 50% of lot width.
(G) Height regulations. Maximum height is 4 stories or 56 feet which ever is less.
(H) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public
right of way.
(Ord 5028, 6-19-07; Oid. 5029, 6-19-07)
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[Type text]
Community Development Partners LLC
6424 Bridge Bay Ln.
Rogers, AR 72758
May 15, 2012
City of Fayetteville Planning Commission Board Members
125 W. Mountain St.
Fayetteville, AR 72701
Dear Planning Committee Board Members
On behalf of Community Development Partners LLC I would like to thank you for your time and ask for consideration in
rezoning parcel 765-08940-00 also referred to as 521 N. College Fayetteville, AR 72701. This property is currently home to the
Twin Arch Motel, an 11 unit motel complex that in not in working status.
Community Development Partners LLC has placed a buy offer with the current owner, which was accepted, contingent on
successful rezoning of the parcel through the Fayetteville City Planning Commission. The current owner of the property is
Grace M. Warren who currently resides in California. Mrs. Warren and her late husband had successfully operated the Twin
Arch Motel since purchase in 1985.
The current zoning status for this parcel is C-2 Commercial Thoroughfare. Community Development Partners LLC is requesting
a rezoning status of DG Downtown General in order to re -develop the property into a 9 unit studio apartment complex amid at
serving graduate level student and young business professionals.
The current surrounding properties are comprised of small businesses to the north, south and west as well as multi -family units to
the east. The appearance of the property, from its' current state, will be improved with landscaping and basic visual
improvements. Traffic to and from the subject property will not be dramatically altered; parking for automobiles will be
available for future tenants. Signage for the proposed complex will not change drastically from the current signage today and
will comply with city code requirements.
All current utilities lines at the subject property will not altered and can support tenant usage as they have for many years prior.
We believe that the proposed rezoning for the subject parcel will fit well with in the Fayetteville City Master Plan as all
properties to the south have been rezoned to DG Downtown General. The use of the land and property for this parcel for studio
apartments, we believe, will promote stable living environments and aid in further economic development along the College
Avenue/71B corridor.
We would like to request that, if deemed acceptable by the Committee, rezoning take place as soon as possible in order to close
on the sale of the parcel so that Community Development Partners LLC may begin re -development and construction processes.
The current C-2 zoning does not appear to be the future direction of the city. We are excited and honored to be part of the growth
happening in Fayetteville.
Sincerely,
Garrison Roddey
Community Development Partners LLC.
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NORTHWEST ARKANSAS DEMOCRATGAZERE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGOALE
THE MORNING NEWS OF NEWSPAPE16ERS
LLC NORNSAS TIMES
BENTON H COUNTY DWEST AIL REECCO D
212 NORTH EAST AVENUE. FAYE TEVILLE, ARKANSAS 72701 I P.O. BOX 1607, 72702 1 479442-1700 I WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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 5514
Was inserted in the Regular Editions on:
August 23, 2012
Publication Charges: $ 64.85
01
Karen Caler
Subscribed and sworn n� to �before me
This day of lei � , 2012.
Notary Public
My Commission Expires: 24 (Zol
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
SEP 04 2012
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE