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HomeMy WebLinkAboutOrdinance 5489 i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii Doc ID: 014521670003 Type: REL Kind: ORDINANCE Recorded: 04/06/2012 at 12:29:44 PM Fee Amt: $25.00 Paae 1 of 3 Washinaton Countv. AR Bette Stamps Circuit Clerk File2012_00009657 ORDINANCE NO. 5489 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4045, FOR APPROXIMATELY 1.14 ACRES, LOCATED ON THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD AT THE BORDER BETWEEN FAYETTEVILLE AND FARMINGTON FROM R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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 20'h day of March, 2012. APPROVED: ATTEST: Y: By: AiAz I NEL 4 OAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer AV7949B4PRi„pie Raj°' 0 ® ®FAYETTEVILLE' ®40 ®© 5 ego ams k m A o©g 6 EXHIBIT "A" RZN12-4045 CAREER ACADEMY Close Up View Y 1 1 Y i i 1 Am. 1 1 1 r , 1 i SUBJECT PROPERTY R-0 r 1 � r ft 1 F r V) W 1 �. J � I I I II - r - - r - F _ 1 r r rn hLr) 1 R a I 01-1 Legend - - •-•-•• Multi-Use Trail (Existinc ' t RS lot Future Trails.' _ � _ _ Fayettp�/ille"City Limits ZN 12-4045 Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di 51rict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet EXHIBIT "B" RZN 12-4045 A PART OF THE NORTHEAST QUARTER(NEI/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER(NEI/4) OF THE SOUTHWEST QUARTER(SWI/4) OF SAID SECTION 24; THENCE SOUTH 02°09'55" WEST, 625.41 FEET ALONG THE EAST LINE OF SAID NORTHEAST QUARTER(NEI/4), SOUTHWEST QUARTER(SE1/4), TO THE POINT OF BEGINNING FOR THE REZONING DESCRIPTION, THENCE SOUTH 02°09'55" WEST, 212.56 FEET ALONG THE EAST LINE OF SAID NORTHEAST QUARTER(NE1/4), SOUTHWEST QUARTER(SEI/4) TO A 5/8" IRON ROD SET IN THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY 62; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 76°05'53" WEST, 245.80 FEET; THENCE NORTH 02°04'55" EAST, 208.92 FEET; THENCE NORTH 68°24'56' EAST, 42.22 FEET; THENCE NORTH 77°57'43"EAST, 42.02 FEET; THENCE NORTH 83029'33"EAST, 73.73 FEET; THENCE NORTH 72038'33"EAST, 62.40 FEET; THENCE NORTH 66°11'41"EAST, 28.27 FEET TO THE POINT OF BEGINNING OF THE REZONING DESCRIPTION, CONTAINING 1.14 ACRES +/-. Washington County, AR I certify this instrument was filed on 04/06/2012 12:29:44 PM and recorded in Real Estate File Number 2012-00009657 Bette Stamps- ' c 't lerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/20/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 12-4045: Rezone (NORTH SIDE OF MARTIN LUTHER KING BLVD./CAREER ACADEMY, 594): Submitted by Greg Edwards for property located on THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD AT THE BORDER BETWEEN FAYETTEVILLE AND FARMINGTON. The property is zoned R-A, Residential Agricultural and contains approximately 1.14 acres. The request is to rezone the subject property to CS, Community Services. S - 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 (,?*/. y gZ,��, Previous Ordinance or Resolution# Department Dir for Date Original Contract Date: Oki, r. ?�1 y original Contract Number: y,Attorney Bate 4CJ o- - 2-,,11- - Finance and Internal Services Director Date Received in City Clerk's Office � J Chief f St Date d j Received in /s ' � ! Mayor's Office 1 r/ May, r ate Comments: Revised January 15,2009 • � i THE CITY OF FAYETTEVILLE,ARKANSAS .—TayDEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director N From: Andrew Garner, Senior Planner Date: February 29, 2012 Subject: RZN 12-4045 (North side of Martin Luther King Boulevard/Career Academy) RECOMMENDATION Staff recommend approval of an ordinance to rezone the subject property from R-A, Residential Agricultural to CS, Community Services. This item will be discussed at the Planning Commission meeting on March 12, 2012. The results of the recommendation from that meeting along with the full staff report will be provided to the City Council prior to the March 20, 2012 meeting. BACKGROUND The subject property is located on the north side of Martin Luther King Boulevard at the border between Fayetteville and Farmington. The property is an undeveloped hay field with the North Fork Farmington Creek traversing east to west adjacent to the north of the site. The overall parcel contains approximately 5.24 acres and the floodplain for the North Fork Farmington Creek encompasses approximately half of the property. The applicant proposes to rezone 1.14 acres of the overall parcel from R-A, Residential Agricultural to CS, Community Services. The proposed rezoning area does not include any of the floodplain. The applicant's intent is to construct a cosmetology school on the subject 1.14 acres. DISCUSSION This item will be heard at the Planning Commission meeting March 12, 2012. Staff recommends in favor of the proposed zoning. This site as designated as City Neighborhood Area on City Plan 2030 Future Land Use Plan. The proposed CS zoning which allows for a mix of nonresidential and residential uses in a form-based zone is consistent with this designation. Further, due to a large portion of this site being located within a floodplain, the proposal to only rezone a portion of this site outside of the floodplain is in line with the City's environmental and sustainability initiatives. The form-based zone would permit the building to be placed closer to the road allowing for preservation of much of the rear portion of the lot near the creek. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4045, FOR APPROXIMATELY 1.14 ACRES, LOCATED ON THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD AT THE BORDER BETWEEN FAYETTEVILLE AND FARMINGTON FROM R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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 day of , 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN12-4045 CAREER ACADEMY Close Up View �� . .'�;i �-� ��� .yr IIS - �112V 116 r 1 ,,� . . . .• l:l � 1: 11-�•^_ . � d lir.. ; } I..F„ul 1 �1+� ri'r Lill tillA 41 ,_ S 14 SUBJECT PROPERTY . 1 - - RA 1 ' r 1 ri IT �l 1�• �� � � ' �� LE 117-3 1` til ;t•> �il_�3r-moi . - i� LU 1 } 1 1 1 1 1 1 1 1 1 MptN SS 1��� � RNiF.Y4 1 1 1 _ rn 1 LO U , � CIO 1 0110.�R a Legend ' 1 1 ..•.......... Multi-Use Trail (Existin � RSF• Future Trails,' _ _ Fayettp+vi�le City Limits ZN 12-4045 Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di ;trict Design Overlay Di ;trict 0 75 150 300 450 600 ------ Planning Area Feet EXHIBIT "B" RZN 12-4045 A PART OF THE NORTHEAST QUARTER(NEI/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER(NEI/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SAID SECTION 24; THENCE SOUTH 02009'55" WEST, 625.41 FEET ALONG THE EAST LINE OF SAID NORTHEAST QUARTER (NEI/4), SOUTHWEST QUARTER(SEI/4), TO THE POINT OF BEGINNING FOR THE REZONING DESCRIPTION, THENCE SOUTH 02°09'55" WEST, 212.56 FEET ALONG THE EAST LINE OF SAID NORTHEAST QUARTER(NEI/4), SOUTHWEST QUARTER(SEI/4) TO A 5/8" IRON ROD SET IN THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY 62; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 76°05'53" WEST, 245.80 FEET; THENCE NORTH 02°04'55" EAST, 208.92 FEET; THENCE NORTH 68°24'56' EAST, 42.22 FEET; THENCE NORTH 77°57'43"EAST, 42.02 FEET; THENCE NORTH 83029'33" EAST, 73.73 FEET; THENCE NORTH 72038'33" EAST, 62.40 FEET; THENCE NORTH 66°11'41"EAST, 28.27 FEET TO THE POINT OF BEGINNING OF THE REZONING DESCRIPTION, CONTAINING 1.14 ACRES +/-. Rezoning description request for Parcel No. 765-16286-001 Date: Tuesday,January 31, 2012 Responses: a. Rausch Coleman Homes LLC is current owner, pending sale to Edwards Children's Trust b. Zoning change request due to the fact that current zoning of R-A does not allow construction of a cosmetology school c. Proposed rezoning to CS—Community Services will enhance the surrounding area by conforming to the City of Fayetteville's and the community's desired master planning goal for this transition between Fayetteville and Farmington d. There is a 6" water main at the SW corner of the property and a sanitary sewer main along the north property line e. This rezoning will conform to the City's long range Master Plan f. This rezoning is required as answered in above response "b." g. There should not be a noticeable increase in traffic with regards to this facility therefore no danger or congestion should result h. No L Existing zoning only allows residential or agricultural which does not allow this property to be used at its highest and best use due to the increasing values of properties in Fayetteville and surrounding areas CAREERrffl� ACADEMY Current Land Use AR Ito . �ail i f �../•'Y ". I° 'i "•.r•t•;;� SINGLE FAMILY COMME RCIAL low SINGLE FAMIL)� -�L - f.i Imo'^ •^. f � � .. �` .. � � " •4 .. f � - ya.. fix', f�9F, yi; ;,_; AmAj 1` Footprints 2010 Hillside-Hilltop District Design • - Di-4rict Design Overlay Di 4rict 0 75 150 300 450 ..o RZN12-4045 CAREER ACADEMY Close Up View _ J J—t-1 ��rr 1 r• -- ,S � _1 5 _•l�• ••� — J � - 11 LI F ■ r it jj�d7 r: R■ I r _ A_ 1�� ... '.� 1 '1 Iprtn I�•r•• - 1. . - 1' I r ? SUBJECT PROPERTY RIO 1 —■ � l l _ 1 1}r � 1 z ' q� y 1 3 1 1 1 1 1 1 1 1 RMF-24 1 1 1 rn 1 to M 1 U 1 � m 1 o�RK�� � 1 CL Legend ' 1 1 '--""-'•-- Multi-Use Trail (Existio" "� �•' Future Trails, .C9 L _ _ Fayettav11e City Limits ZN 12-4045 Footprints 2010 - Hillside-Hilltop Overlay District �_ •_! Design Overlay District Design Overlay Di strict 0 75 150 300 450 600 ------ Planning Area NONE= 01 Feet