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Home My WebLink AboutOrdinance 5514 Doc ID: 014780020003 Type: REL Kind 000:108%24/2032 at 02:49:36 PM Fee Amt: $28.00 Paoe 1 of 3 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 °`°°�RIC�TR°e"" o•�G\E SG°. :FAYETTEVILLE: RKAtA JC'� '°°°Oi NGT ON 0031 °j°eeeaemeeee`° EXHIBIT "A" RZN 12-4135 RO DD EY Close Up View 7, z REBECCA ST QA qqq� ?ON BFI, o R RIAF•TA. - ! -- - - - RSF•4 LOUISE ST 7" —�_--- VI DAVIDSON ST OAVfDSON ST SUBJECT PROPERTY i Q z �O _ f7 Z I - � u - 3 -- - - = MAPLE ST _ 4 1 � 'I w J -- ulti CUNT NORO STOul tur yPAY ZN12-4135 - Footprints 2010 _ Hillside-Hilltop Overlay District ! Design Overlay Di trict Design Overlay Di trict a 75 ISO 300 450 600 ------ Planning Area F"I 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 Close Up view i REBECCAST Qp I �rorygLVD � R.o J iTn rif nd. _II .v I nsF-a WUISE Sr .NI 115011 ST DAVIDSON ST SUBJECT PROPERTY a 0 - z 3 -r:r;•- `.f. MAPLE Sr U 11 1 �Ia ter tUf11- 1k t BU Y ZN 12-4135 Footprints 2010 _ Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict 0 75 750 300 450 we ------ Planning Area POMFea, 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. G:187'CIDevelopment Services RevieM201211)evelopmenl Reviewll2-4135 RZN 521 N. College Ave(Roddey)W3 Planning Commissionl06-25- 20121C'mnmen[s and Redh,,,,112-4135 PLNG Commenls.doc 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. . Ga5TQDeveloymeni services Review120120evelopmenl Review112-4135 RM 521 N College Ave(Roddey)103 Planning Commission106-25- 20121Commenis and RedlinesV 2-4135 PLNG Commeits.doc 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. G:I F.TCIDenelopmeni Services Review1201211)evelopmenl Review112-4135 RZN521 N College Ave(Roddeo)103 Planning Commission106-25- 20121Conmien/s and RedlinesV2-4135 PLNG Commens.doc