HomeMy WebLinkAboutOrdinance 5518 Doc ID: 034788660003 Type: REL
K1nd: ORDINANCE
Recorded: 09/12/2032 at 09:55:53 AM
Fee Amt: $25.00 Pace 3 of 3
Washl ncton County. AR
Bette StammsCircult Clerk nQn
File2012_00027292
ORDINANCE NO. 5518
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 12-4164, FOR APPROXIMATELY 0.28 ACRES,
LOCATED AT 1420 NORTH GARLAND AVENUE FROM RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE TO NS,
NEIGHBORHOOD 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 hereby changes the
zone classification of the following described property from RMF-24, Residential Multi-family,
24 Units per Acre to NS, Neighborhood 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 21"day of August,2012.
APPROVED: ATTEST:
�1
)ONELD
�-�i By:
J AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
Rt'r00£«:�0
Y
;FAYETTEVILLE®
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EXHIBIT "A"
RZN 12-4164 BONDS
Close Up View
HICKORY ST
MAXWELL OR
I
' I MALIBU ST Q
ui z
HENDRIX ST F m
SUBJECT PROPERTY g
Y
Q
O
LAWSON ST
LAWSON ST
CARTER ST
RSF-4
RMF•7A
BOG
�Yp
Ta
�T
Legend RQ
•••.......••• Multi-Use Trail (Existing) `' n
;:
Future Trails
HOLLY ST
_ Fayetteville City Limits R-0
s
_RT
LjWjLRZN12-4164
Footprints 2010
- Hillside-Hilltop Overlay District
Design Overlay Di trict
Design Overlay Di trict
0 75 160 300 450 600
------ Planning Area Feet
EXHIBIT "B"
RZN 12-4164
Part of the Northwest Quarter(NW '/4) of the Northwest Quarter(NW ''/4) of Section Nine (9),
Township Sixteen(16)North, Range Thirty (30) West, beginning at a point on the South side of
Lawson Street which is 10.90 feet south of the Northwest corner of said 40 acre tract, and
running thence East along the South side of said Lawson Street 175 feet; thence South 90 feet;
thence West 175 feet; thence North 90 feet to the point of beginning, subject to easements and
restrictions, if any.
Washington County, AR
I certify this instrument was filed on
09/12/2012 09:55:53 AM
and recorded in Real Estate
File Number 2012-00027292
Bette Stamps-C' it Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/21/2012
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
RZN 12-4164: Rezone (1420 N. GARLAND AVE./BONDS, 405): Submitted by BOB BONDS for property located at
1420 NORTH GARLAND AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER
ACRE and contains approximately 0.28 acres. The request is to rezone the property to NS, NEIGHBORHOOD
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
J cC 1.V1t, Previous Ordinance or Resolution#
Departmentrec Date
Original Contract Date:
Original Contract Number:
City Attorney ,. ? Date
Finance and Internal Services Director Date Received in City
Clerk's Office
Chief of aff Date IST
Received in
/ Mayor's Office '3 !
Aayor ate
Gomments:
Revised January 15,2009
ale LvLille THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Directory
From: Jesse Fulcher, Current Planner
Date: August 3, 2012
Subject: RZN 12-4164 (1420 N. Garland Ave/Bonds)
RECOMMENDATION
Planning staff and the Planning Commission recommend approval of an ordinance to rezone the subject
property from RMF-24, Residential Multi-family, 24 Units per Acre to NS, Neighborhood Services.
BACKGROUND
The subject property is located at the southeast comer of N. Garland Avenue and W. Lawson Street and is
developed with a single-family home. The property is zoned RMF-24 and contains approximately 0.28 acres.
Garland Avenue, a principal arterial street, is currently being widened to a four-land boulevard. Lawson Street
is a residential street that dead ends to the east just short of Oakland Avenue.
Proposal: The applicant proposes to rezone the property from RMF-24, Residential Multi-family to NS,
Neighborhood Services.
DISCUSSION
On July 23, 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 12-4164, FOR
APPROXIMATELY 0.28 ACRES, LOCATED AT 1420 NORTH
GARLAND AVENUE FROM RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE TO NS, NEIGHBORHOOD
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 hereby changes the
zone classification of the following described property from RMF-24, Residential Multi-family,
24 Units per Acre to NS, Neighborhood 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 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN12-4164 BONDS
Close Up View
HICKORY ST
=I
Ly
MAXWELL DR
,t
low
�MA Lieu ST
l,.• 1 J r
r }¢f77� �i 1J2 it ii 7�
� L P• f f
HENDRIX ST - } 7 ' r,_
U.' ¢
-- O
SUBJECT PROPERTY ,
LAWSON ST
LAWSON ST
CARTER ST -
RSF4
4f.
br
9
Legend Po ti=
Multi-Use Trail"(Existing) `' •Il
•"•.•.•. Future Trails i�
HOLLY ST
_ i Fayetteville City Limits R-0 „c;a.
sS
LWaVZN
Footprints 2010
— Hillside-Hilltop Ov trlay District
Design Overlay Di trict
Design Overlay Di trict
0 75 150 300 450 600
------ Planning Area Feel
EXHIBIT "B"
RZN 12-4164
Part of the Northwest Quarter (NW '/4) of the Northwest Quarter(NW '/4) of Section Nine
(9), Township Sixteen (16) North, Range Thirty (30) West, beginning at a point on the
South side of Lawson Street which is 10.90 feet south of the Northwest corner of said
40 acre tract, and running thence East along the South side of said Lawson Street 175
feet; thence South 90 feet; thence West 175 feet; thence North 90 feet to the point of
beginning, subject to easements and restrictions, if any.
Tay�e
eVl e PC Meeting of July 23, 2012
hllk.A fJ•,A ,
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: uP '� °� * ;z Updated July 24, 2012
RZN 12-4164:Rezone(1420 N.GARLAND AVE./BONDS,405): Submitted by BOB BONDS for
property located at 1420 NORTH GARLAND AVENUE. The property is zoned RMF-24,
RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.28 acres.
The request is to rezone the property to NS, NEIGHBORHOOD SERVICES.
Planner: Jesse Fulcher
BACKGROUND:
Property Description: The subject property is located at the southeast corner of N. Garland Avenue
and W. Lawson Street and is developed with a single-family home. The property is zoned RMF-24
and contains approximately 0.28 acres. Garland Avenue, a principal arterial street,is currentlybeing
widened to a four-land boulevard. Lawson Street is a residential street that dead ends to the east just
short of Oakland Avenue. Surrounding land use and zoning is listed in Table 1.
Table 1
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North Single-family RMF-24, Residential Multi-family
South Multi-family RMF-24, Residential Multi-family
East Two-family RMF-24, Residential Multi-family
West Single-family RSF-4, Residential Single-family
Proposal: The applicant proposes to rezone the property from RMF-24,Residential multi-fatnily to
NS, Neighborhood Services.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding rezoning request RZN 12-4164 (1420 Garland/Bonds) to the City
Council with a recommendation for approval based on the findings stated herein.
G_I F,TCI Development Services RevieM20120evelopnenl Review112-4164 RZN 1420 N. Garland Ave.(Bonds)103 Planning Commission107-23-
20121Comments and Redlinesl]2-4164 PLNG Co mnents.doc
PLANNING COMMISSION ACTION: Required YES
Date: July 23,2012 O Tabled 4 Forwarded O Denied
Motion: Chesser Second: Honchell Vote: 9-0-0
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: August 21, 2012
INFRASTRUCTURE:
Streets: The site has access to Garland Avenue and Lawson Street. Garland Avenue is
under construction and will be a fully improved four lane boulevard state highway
in this location. Laswon Street is a two lane city street. Street improvements will
be evaluated at the time of development.
Water: Public water is available to the property. There is a 12" water main along Garland
Avenue in this location. Public water main improvements may be necessary to
provide fire flow for domestic service for any proposed development.
Sewer: Sanitary sewer is available to the site. There is a 6"main along Lawson Street. The
public sewer may need to be evaluated for capacity depending upon the size of 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 to find that this request will cause a
substantial call volume increases or traffic danger and congestion problems.
Fire: Staff has not received any objection from the Fire Department to this rezoning.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates this site as City Neighborhood Area. City Neighborhoods Areas are more densely
populated 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. Non-residential uses range in size, variety
and intensity from grocery stores and of to churches, and are typically located at corners and
along connecting corridors.
G:IETCIDevelopmenl Services Re•iewl20121Developmeni Review112-4164 RZN 1420N. Garland Ave.(Bonds)103 Planning Commission107-23-
20MCommenis and Redlinesll2-4/64 PLNG Commen[sdoc
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 Neighborhood Services will be
consistent with land use planning objectives, principles and polices and with
land use and zoning plans.The Neighborhood Services zoning district will allow
the owner to continue to utilize the property for residential purposes and
provide the flexibility for adaptive reuse of the property for nonresidential uses
that are compatible in scale and aesthetic with the neighborhood. Allowing both
residential and low intensity non-residential uses will also extend the lifespan of
the existing home, which was constructed in 1950 and recently remodeled.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The owner states that there has been interest in using the home for office and
studio space. With the expansion of Garland Avenue to a four-lane boulevard,
interest in small scale nonresidential uses will likely increase, and the desire to
use the property as a single-family home will likely decrease. Rezoning the
property to Neighborhood Services will allow the property owner to market the
property for residential and low-intensity nonresidential uses that are
compatible and complimentary to the existing neighborhood and a variety of
surrounding land uses.
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 Neighborhood Services zoning district limits
nonresidential uses to only a maximum of 3,000 square feet.The existing house
is approximately 1,300 square feet, and therefore it is unlikely that an
appreciably increase in traffic danger or congestion will occur.
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.
GJETCIDevelopmen[Services Rewew120121Developmen(Review112-4164 RZN 1420 N. Garland Ave. (Bonds)103 Planning Commission107-23-
20121Commen1c and Red1,nes112-4164 P/NG Commen[a.doc