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HomeMy WebLinkAboutOrdinance 5588IIfIIIIIIIIfIIIIIfIlII11fIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIflflllrlllfl Sac ID: 015258080003 Type: REL Recorded 06/26/2013 at 09:18:41 Ar Fee Amt: $25.00 page I of 3 WaShKyle1ngon tt 5y1vesterClrou AR Clerk F11e2013-00021392 ORDINANCE NO.5588 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4360, FOR APPROXIMATELY 2.44 ACRES, LOCATED AT 693 WEST NORTH STREET FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL, TO CS, COMMUNITY 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 I-1, Heavy Commercial and Light Industrial to CS, Community 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 4ch day of June, 2013. ATTEST: By: &/lMl2Gr , SONDRA E. SMITH, City ClerOireasurer n .m EXHIBIT "A" RZN13-4360 RAN DLE Close Up View HOLLY ST HOLLY ST I i= 1 K 4 ,.I HAZEL sr o p �.I PATRICiALN C9 - �- PRNATE 1150 f+ • ill SUBJECT PROPERTY RSF-4 I Jlf m• I' iG q .�..,. +i •c HUGHES ST i --' U +1_ - ' •, all + APAMS ST 5 !c BERRYST y - JJf m HAWTHORN ST ,ILL j 1 •'J RNF-24 I __ ■� i+ ~ l e I I EAGLEST _ I _ 'II CLE'BURN ST Legghd f a '�Nult�l'�' -- Fu(ure Tait, CLEVELAND ST • ;1 I .� I 'i ��� PROSP_tCT ST L Pi LCQ ZN13-4360 ® Footprints 2010 ® Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 Soo 750 ISM ------ PlannPng Area Fmt EXHIBIT "B" RZN 13-4360 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87013'26"W 572.96' AND S02046'34"W 30.25' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, SAID POINT BEING A FOUND IRON PIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY OF NORTH STREET AND THE WEST RIGHT-OF-WAY OF THE ARKANSAS & MISSOURI RAILROAD, THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING 2 COURSES: S00°56'25"W 219.82' TO A SET IRON PIN, THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3668.35', HAVING A CHORD BEARING AND DISTANCE OF S03012'42"E 407.26' TO A SET IRON PIN, THENCE LEAVING SAID WEST RIGHT-OF-WAY AND RUNNING N87030'50"W 124.88' TO A FOUND IRON PIN, SAID POINT BEING ON THE WEST BANK OF A CREEK, THENCE ALONG SAID WEST BANK THE FOLLOWING 4 COURSES: N06023'41 "W 105.65' TO A SET IRON PIN, THENCE N12046'36"W 177.56' TO A SET IRON PIN, THENCE N19°40'38"W 81.51' TO A SET IRON PIN, THENCE N14°00'24"W 117.20' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST BANK AND RUNNING S87014'48"E 15.75' TO THE CENTERLINE OF SAID CREEK, THENCE ALONG SAID CENTERLINE NI1°15'40"W 167.48' TO THE INTERSECTION OF SAID CENTERLINE AND THE SOUTH RIGHT-OF-WAY OF NORTH STREET, THENCE ALONG SAID SOUTH RIGHT-OF-WAY S87°13'26"E 229.65' TO THE POINT OF BEGINNING. CONTAINING 2.44 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. Washington County, AR I certify this instrument 06/26/2013 09:18as 81ed on :41 Aw and recorded in Real Estate File Number2013-0002t392 Kyle syly t r- irouit Clerk by City of Fayetteville Staff Review Form Quin Thompson Submitted By City Council Agenda Items and Contracts, Leases or Agreements 6/4/2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department GIVIDl11 located at 693 WEST NORTH STREET. The property is zoned 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 2.44 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Cost of this request Account Number Project Number Budgeted Item ��AIAi���k• Dap rtment rector City Attorney Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name pt;.11o-Zls Previous Ordinance or Resolution # Date Original Contract Date: 5 ^ ll� -1 Original Contract Number: Dale l Ck- . f4,,LS-I'T-Z( Finance and Internal Services Director Date Received in City Clerk's Office Chiet- Date £� _ Received in ? r Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE RKA CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Mart, Chief of Staff Jeremy Pate, Development Services Director From: Quin Thompson, Current Planner Date: May 15, 2013 Subject: RZN 13-4360: Rezone (693 W. NORTH STREET / RANDLE) RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to rezone the subject property, consisting of multiple parcels containing approximately 2.44 acres in total, from the I-1, Heavy Commercial and Light Industrial, to CS, Community Services. BACKGROUND: The subject property is located at 693 & 701 North Street. The property is within the I-1, Heavy Commercial and Light Industrial zoning district and contains assorted buildings associated with the former RANCO Lumberyard. Since the time of RANCO, the neighborhood surrounding this site has seen concentrated development of properties for commercial, office, and residential uses. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. Non-residential uses range in size, variety and intensity from commercial retail to and offices to churches, and are typically located at corners and along connecting corridors. COMPATIBILITY: Staff feels that the CS zone is appropriate for this property and will serve to limit uses currently permitted by right in the I-1 zone, which are more likely to adversely impact surrounding area than those allowed under the proposed zoning district. DISCUSSION: This item was heard at the Planning Commission meeting May 13, 2013. There was no public comment. Staff recommended in favor of the proposed zoning. The Planning Commission voted 8-0-0 to support the rezoning request. BUDGET IMPACT: None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4360, FOR APPROXIMATELY 2.44 ACRES, LOCATED AT 693 WEST NORTH STREET FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL, TO CS, COMMUNITY 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 I-1, Heavy Commercial and Light Industrial to CS, Community 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 APPROVED: 0 LIONELD JORDAN, Mayor day of 2013. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN 13-4360 Close Up View tWRRY ST EAGLE ST 0 Gj bMWJ.jRZN13-4360 - Footprints 2010 - Hillside -Hilltop C Design Overlay Design Overlay ------ Planning Area P-0 CLEVELAND ST District RANDLE HCLLYST 1 i' 111 . -.V_ - C-0 PATRICIA LN � SUBJECT PROPERTY W.4 } of. I - ADAMS ST m � � mot; }� HAWTHORN ST m F 4i. CLEBURN ST }r a 0 125 250 500 750 1.000 Feet P-1 EXHIBIT "B" RZN 13-4360 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87013'26"W 572.96' AND S02046'34"W 30.25, FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, SAID POINT BEING A FOUND IRON PIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF- WAY OF NORTH STREET AND THE WEST RIGHT-OF-WAY OF THE ARKANSAS & MISSOURI RAILROAD, THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING 2 COURSES: S00056'25"W 219.82' TO A SET IRON PIN, THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3668.35', HAVING A CHORD BEARING AND DISTANCE OF S03012'42"E 407.26' TO A SET IRON PIN, THENCE LEAVING SAID WEST RIGHT-OF-WAY AND RUNNING N87030'50"W 124.88' TO A FOUND IRON PIN, SAID POINT BEING ON THE WEST BANK OF A CREEK, THENCE ALONG SAID WEST BANK THE FOLLOWING 4 COURSES: N06°23'41 "W 105.65' TO A SET IRON PIN, THENCE N12046'36"W 177.56' TO A SET IRON PIN, THENCE N19040'38"W 81.51' TO A SET IRON PIN, THENCE N14000'24"W 117.20' TO A FOUND IRON PIN, THENCE LEAVING SAID WEST BANK AND RUNNING S87014'48"E 15.75' TO THE CENTERLINE OF SAID CREEK, THENCE ALONG SAID CENTERLINE N11 015'40"W 167.48' TO THE INTERSECTION OF SAID CENTERLINE AND THE SOUTH RIGHT-OF-WAY OF NORTH STREET, THENCE ALONG SAID SOUTH RIGHT-OF-WAY S87013'26"E 229.65' TO THE POINT OF BEGINNING. CONTAINING 2.44 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. m I RZN13-4360 RANDLE Future Land Use Qjjjj�ffvic and Private Open - Civic Institutional Non -Municipal Govemn ROW Q RZN13-4360 Design Overlay District Design Overlay District ----• Planning Area SUBJECT PROPERTY 0 175 350 700 1.050 HOLLY ST PATRICIA LN ADAMS ST HAWTHORN ST CLE8URN ST 1,400 PROSPECT. "-G Y" Taye eIle A R K A N 5 A 5 PC Meeting of May 13, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Subdivision Committee FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: ,,,r, .� UPDATED 5-14-2013 RZN 13-4360: Rezone (693 W. NORTH ST./RANDLE, 444): Submitted by BLEW AND ASSOCIATES for property located at 693 WEST NORTH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 2.44 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Quin Thompson BACKGROUND: Property and Background: The subject property is located at 693 & 701 North Street. The property is within the I-1 zoning district and contains assorted buildings associated with the former RANCO Lumberyard that was served by the adjacent rail system. In recent years the buildings have been empty or in varied manufacturing use; Brooks Graphics, for example was located in the west building until last year. The City has literally grown around this site, with the addition of commercial, office, and residential developments over a period of many years. Surrounding land use and zoning is depicted on Table 1. Table 1 Surroundina Land Use and Zonina Direction from Site Land Use Zoning North Former Tune Concrete works 1-1, Heavy Commercial and Light Industrial South Undeveloped / Multi -Family Undeveloped/RMF-40, Residential Multi -Family, 40 Units Per Residential Acre Multi -Family East Residential RMF-24, Residential Multi -Family, 24Units Per Acre West Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units Per Acre Request: The request is to rezone the property from I-1, Heavy Commercial and Light Industrial, to CS, Community Services to allow for uses more appropriate to the neighborhood today. Public Comment: Staff has not received public comment. G. ETCIDevelopment Services Review120130evelopment Review113-4360 RZN 693 Norlh/Randlel07 Planning Commission105-13- 20131Commenls and Redlines RECOMMENDATION: Staff recommends forwarding RZN 13-4360 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: May 13, 2013 O Tabled X Forwarded O Denied Motion: CHESSER Second: WINSTON Vote: 8-0-0 CITY COUNCIL ACTION: Required YES O Approved O Denied INFRASTRUCTURE: Streets: The site has access to North Street, a four -lane Principal Arterial street. Street improvements within and adjacent to the property will be evaluated at the time of development. Water: Public water is available to the property. There are 8" and 12" mains along North Street. 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 an 8" main adjacent to the property. Capacity will be evaluated at the time of 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. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. G: IETCIDevelopment Services Review120131Development Review113-4360 RZN 693 Nonh7Randle107 Planning Commission105-13- 20131Comments and Redlines FINDINGS OF THE STAFF 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: This property contains remnants of past industrial uses along the railroad corridor. The remainder of the neighborhood, has, however, developed with medium density housing and a variety of commercial and office buildings. The proposal to rezone the property to CS, Community Services will allow the property to be used for commercial or residential opportunities that are consistent with surrounding land uses. Further, the proposed zoning will be consistent with the Future Land Use Map designation as a City Neighborhood Area. This designation supports a wide variety of land uses and intensities, including non-residential uses at corners and along corridors. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified due to the fact that the current industrial zoning designation is incompatible with surrounding properties. The proposed zoning will allow the owner to utilize the property for residential and light commercial uses, which are compatible with the neighborhood. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site access is located between a trail crossing and railroad crossing, so traffic speeds are relatively slow in this area as a result. Changing the zoning classification from industrial to mixed use may increase traffic volumes, but not to a point that would increase in traffic danger and 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: Rezoning the property from industrial to mixed use will allow for the development of residential housing. However, the amount of housing that could be developed on the lot is relatively small and should not undesirably increase the load on public services. The Police and Fire Departments have reviewed the rezoning request and have no objections to the proposal. 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 G:IETCIDevelopment Services Review120130evelopment Reviewl13-4360 RZN693 NorikRandleW Planning Commission105-13- 20131Comments and Redlines 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 C: IETCIDevelopment Services Review12013I Development Review113-4360 RZN 693 North✓RandleW Planning Commission105-13- 20h31Commenls uad Redlines To Whom It May Concern: Ranco Properties LLC is the owner of 693 and 701 West North Street. The David S. Randle Trust owns Ranco Properties LLC. The members of Ranco Properties LLC are David S. and Jeane Randle. The property manager is David W. Randle. The Randle family has owned this property since the early 1960s. Over the many years, the property has been used mostly for Industrial purposes. However, with the change in the neighborhood to more residential uses as well as the proximity to the biking trail, Ranco Properties LLC requests that the zoning be changed from 'Industrial 1 to Community Services." The "Community Services" zoning will allow for more retail development in support of the growing community and biking trail system. Thank you for your consideration, David W. Randle Manager, Ranco Properites LLC Tavele;ille MEMORANDUM To: Jeremy Pate From: Captain Kenny Yates Date: 4/25//13 Subject: RZN 13-4360 THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 100-A West Rock Street Fayetteville, AR 72701 P (479) 587-3555 F (479) 587-3522 This document is in response to the request for comments on proposed RZN 13-4360 (693 North St. / Randle, 444): submitted by Blew and Associates, for property located at 693 W. North Street.. It is the opinion of the Fayetteville Police Department that this RZN (13-4360), will not substantially alter the population density. This RZN will not create an appreciable or undesirable increase in the load on police services and will not create an appreciable increase in traffic danger and congestion. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 (4130/2013) Amy Slone - Re: zoning review - items due April 26th Seite 1 From: Mark Stevens To: Slone, Amy CC: Hunt, Harley Date: 4/24/2013 11:36 AM Subject: Re: zoning review - items due April 26th Amy, Based on the information provided and the zoning changes requested the Fire Department has no emergency response issues with the 3 zoning change requests. If you have any further questions please contact me. Regards Captain Mark Stevens Asst. Fire Marshal City of Fayetteville Fire Dept. 479-444-3448 Email: mstevens@ci.fayetteville.ar.us TDD: (Telecommunications Device for the Deaf) (479) 521-1316 Fire Sprinklers Systems save Fire Fighters lives too! >>> Amy Slone 4/24/2013 10:17 AM >>> Zoning Review Team: See the requests below for 3 properties requesting rezoning. Please review these items and respond to this email by the end of the day April 26th, 2013. Let me or the planner assigned to each item know if you have any questions. Maps indicating the project location are also attached. Thanks, RZN 13-4363: Rezone (2269 N. HENBEST RD./NELMS, 325): Submitted by JORGENSEN AND ASSOCIATES for property located at 2269 NORTH HENBEST ROAD. The properties are zoned R-A, RESIDENTIAL -AGRICULTURAL, RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE, and C-2, THOROUGHFARE COMMERCIAL and contain approximately 5.77 acres. The request is to rezone these properties to CS, COMMUNITY SERVICES and C-2, THOROUGHFARE COMMERCIAL. Planner: Jesse Fulcher RZN 13-4369: Rezone (4253 N. CROSSOVER RD./VISTA HEALTH, 138): Submitted by COOVER CONSULTANTS for property located at 4253 NORTH CROSSOVER ROAD. The property is zoned R-O, RESIDENTIAL OFFICE and C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.94 acres. The request is to rezone the property to P-1, Institutional. Planner: Quin Thompson RZN 13-4360: Rezone (693 W. NORTH ST./RANDLE, 444): Submitted by BLEW AND ASSOCIATES for property located at 693 WEST NORTH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 2.44 acres. The request is to rezone the property to CS, RECEIVED JUL 0 2 2013 CIITTY CLERKS OFFICE NORTHWEST ARKANSAS DEMOCRAT-WETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NORTHWEST NEWAKATIMES SPAPE16LLC BENTON COUNTY AILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479442-17001 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 Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance No. 5588 Was inserted in the regular edition of The Northwest Arkansas Times on: June 20, 2013 Publication Costs: $ 71.34 Subscribed and Thisa�day cr My C0UNTy to before me 2013. ORDINANCE NO.5588 =,AN ORDINAkE REZONING THAT PROPERTY DESCRIBED IN I REZONING .PETITION RZN 18-4388 FORr?00146CIMATELY244 ACF�ES,� p P BATED AT 893' EST NORTH BTREET * 1Y , . ,R3-�115, W—''FC" O,MMERCA CSON�IpCOMMU�D BE IT Q IAINED BY THE: G OUNCIL OF TFI�E`'�65TY F,�YETT-TI LE, s � i `kc� hcil of tt o y of � e a s hereiry oheiiges=the'`�necalof the fb�llinng ❑ rtlromA i` ; Haeyy Commepclal and Light Industltal to'CS6om qit i' " shoyvd on Exhibits A dtl B attached hereto andin'edea 'r on meiec ty uC of the c�iv of y�ewllaaas hr amen3e the�"'offi&af?o}�mg mE0 "S City �of Feyeaik`emlI#tortaBeLf ie'-zoYting Change Provitled in Beohon t'-�,- �PA`SSEDiand APPROVED ihis'4th daY of JUne�1fl9�� ��` �s � '` ,t� "'tdYk7HELD`LORDANj'�7vlaycr°r`-�--`.�SOl NDMITH�("fty'gl �{[ray��i. _EzhibXsta4lNls:ordmahCe mey-bevlewetl In the'office'�oT�e`��iklf�feasur�r��� -- **Do Not Pay from Affidavit** **Invoice will be sent**