HomeMy WebLinkAboutOrdinance 4208 ORDINANCE NO. 4208E
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AN ORDINANCE REZONING THAT PROPERTY DESCRIBIM FfB CEL2y
CONTAIN ININGINING APPROPETITXIMATELION Y992.42 ACRES-33 FOR A LOCCAATEIfy an
1 11
WEST OF SCHOOL STREET, EAST OF WEST STREET, SOUTHA YNl NOTON CO AR
OF MOUNTAIN STREET AND NORTH OF ROCK STREET AS - HARNES S
REQUESTED BY CHARLES VENABLE ON BEHALF OF THE
CITY OF FAYETTEVILLE, ARKANSAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section1: That the zone classification of the following described property is hereby
changed as follows:
RZ99-33 for the real property described in Exhibit "A" attached hereto and
made a part hereof.
From R-2, Medium Density Residential, and R-O, Residential Office, to C-3, Central
Commercial.
Section 2 : That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this 4'h day of January , 2000.
APPROVEY.
By
red Hanna, Mayor
/
ATTEST:: ,
BY L?/G���, /� Z/
C Heather Woodruff, City Cl
2000013747
Ordinance 4208
EXHIBIT A
EXHIBIT "A" EXf/
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Block Thirty-four (34) in the Original Town of Fayetteville, Arkansas, as per Plat of Record in the
Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Also being
described as beginning at the Northeast comer of said Block Thirty-four (34) and run S2E37'27" W -
324.49 feet to the Southeast corner of said Block, thence N87E19'06"W - 326.31 feet to the
Southwest comer of said Block, thence N2E37'27"E - 324.33 feet to the Northeast corner of said
Block, thence S87E20'48"E - 326.31 feet to the POINT OF BEGINNING, containing 2.43 acres,
more or less. Subject to any easements and/or rights of way of record.
VTI
X
-1
200001748
I, Kathleen Rameas. Circuit Clark and Ex-officio
Recoroar for Washinghn County, Arkansas, do hereby
certify that this inatfuh9nt w1s I zed Por I; in my
office as indlcatdd P:erson and tha same Is now duly
recorded with the Aokhowladgeman! and certificate
thereon in ReCord Book and Paga as indicated thereon.
IN WITNESS vMCIP490r,, 1 have hereunto set my
hand and affixed the seal of said Casn on the date indi-
cated hereon.
I hleen amass
Ci. it Is and CR'OMM Reeorder
NAME OF FILE:
CROSS REFERENCE:
Date Contents of File Initials
G Q
NX
- /lDo o
D ' _
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZ99-33 FOR
A PARCEL CONTAINING APPROXIMATELY 2.42
ACRES LOCATED WEST OF SCHOOL STREET,
EAST OF WEST STREET, SOUTH OF MOUNTAIN
STREET AND NORTH OF ROCK STREET AS
REQUESTED BY CHARLES VENABLE ON BEHALF
OF THE CITY OF FAYETTEVILLE, ARKANSAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
RZ99-33 for the real property described in Exhibit "A" attached hereto and made
a part hereof.
From R-2 Medium Density Residential and R-O, Residential Office to C-3,
Central Commercial.
Section 2 : That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section above.
PASSED AND APPROVED this day of 2000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
Block Thirty-four (34) in the Original Town of Fayetteville, Arkansas, as per Plat of Record in
the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Also
being described as beginning at the Northeast corner of said Block Thirty-four (34) and run
S2037'27" W - 324.49 feet to the Southeast corner of said Block, thence N87 ° 19'06"W - 326.31
feet to the Southwest comer of said Block, thence N2 ° 37'27"E - 324.33 feet to the Northeast
corner of said Block, thence S87 °20'48"E - 326.31 feet to the POINT OF BEGINNING,
containing 2.43 acres, more or less. Subject to any easements and/or rights of way of record.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264 P///,t/
PLANNING DIVISION CORRESPONDENCE 64Rk
TO: Fayetteville Planning Commission Members
FROM: Tim Conklin, City Planner
DATE: December 13, 1999
RZ 99-33.00: Rezoning (City of Fayetteville, pp 523) was submitted by Charles Venable on
behalf of the City of Fayetteville for property located west of School Street, east of West Street,
south of Mountain and north of Rock Street. The property is zoned R-2, Medium Density
Residential and R-O, Residential Office and contains approximately 2.42 acres. The request is to
rezone the property to C-3, Central Commercial.
RECOMMENDED MOTION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: X Required
Approved Denied
Date: December 13, 1999
Comments:
CITY COUNCIL ACTION: X Required
Approved Denied
Date: / /
a •
BACKGROUND :
The City brought this rezoning forward in anticipation of the new Fayetteville public library
being developed on this site. The property is currently zoned R-2 and R-O and encompasses an
entire City block. Staff has recommended C-3 zoning because libraries are allowed as a use by
right in this zoning district and this zoning district allows a greater flexibility in design with
regard to required setbacks.
Both School Street and West Avenue are classified as Collector Streets. A collector street
requires a 36' paved section back of curb to back of curb with 70' of right-of-way, 35' from center
line. School Street currently has 21 ' of right-of-way from center line which will require an
additional 14' of right-of-way and West Avenue has 19.3' on the north end and 20.5' on the south
end from centerline which will require and additional dedication of 15.7' and 14.5 ' from
centerline.
This master street plan requires a six foot multi use trail/sidewalk to be constructed with a 10'
green space between the trail/sidewalk and street and will be addressed at the time of large scale
development.
This site is designated as mixed use on the Future Land Use Map and C-3 zoning allows all types
of residential, retail and commercial uses that currently surround this site and exist in the historic
downtown area.
Rezoning the property at this time is necessary in order for the architect to continue with the site
design process. This process is currently underway with additional design review meetings
scheduled by the architect on January 13th and February 8th.
ADJACENT LAND USE AND ZONING:
North: Night Club (Radar), Single Family, C-2 and R-O
South: City Hospital, Professional Office (Habitat for Humanity), P- 1
East: Multifamily Apartment Building, Single Family Homes, Professional Office, R-2
and R-O
West: Single Family, Duplex, R-O
INFRASTRUCTURE:
Streets: North: Mountain Street, designated as a local street (50' of row required)
South: Rock Street, designated as a local street (50' of row required)
East: School Street designated as a collector street (70' of row required).
West: West Ave. designated as a collector street (70 of row required).
Water: 4" line along School Street and West Ave. and a 1 1/4" line along Mountain and
Rock
Sewer: 8" line along School and West and a 6" line along Mountain and Rock
LAND USE PLAN: General Plan 2020 designates this site as mixed use. Rezoning this
property to C-3 is consistent with the land use plan and compatible with surrounding land uses
in the area.
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: The Land Use Plan (General Plan 2020) shows this area as Mixed Use. The
zoning of C-3 (Central Commercial) is consistent with the plan. This site is
located in an area that is surrounded by many different land uses and C-3
zoning would allow compatible uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning of C-3 is justified and needed at this time in order to
provide the type of zoning needed for the Fayetteville Public Library.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would not create or appreciably increase traffic danger
and congestion. Both School Street and West Avenue have adequate capacity
to handle additional traffic associated with the development of this site.
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: The proposed zoning would not undesirably increase the population density
and would not undesirably increase the load on public services including
schools, water, and sewer facilities.
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
§161.15 DISTRICT C-3 CENTRAL COMMERCIAL.
A. Purpose. The Central Commercial District is designed to accommodate the
commercial and related uses commonly found in the central business district or regional
shopping centers which provide a wide range of retail and personal service uses.
B. Uses.
1. Permitted Uses.
Unit 1 City-Wide Uses by Right
Unit 4 Cultural and Recreational
Facilities
Unit 5 Government Facilities
Unit 9 Multifamily Dwelling -
Low Density
Unit 10 Multifamily- High Density
Unit 12 Offices, Studios and
Related Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and
Amusement Facilities
Unit 15 Neighborhood Shopping
Goods
Unit 16 Shopping Goods
Unit 18 Gas Service Stations and
Drive-In Restaurants
Unit 19 Commercial Recreation
2. Uses Permissible on App eal to the Planning Commission.
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public Protection and
Utility Facilities
Unit 17 Trades and Services
Unit 28 Center for Collecting
Recyclable Materials
C. Bulk and Area Regulations/ Setbacks. Setback lines shall meet the
following minimum re uirements:
Central Shopping
Business Center
District
From Street 5 ft. 25 ft.
ROW
From Street 50 ft. 50 ft.
ROW if Parking
is Allowed
Between the
ROW and the
Building
From Side None None
Property Line
From Side 10 ft. 25 ft.
Property Line
When Contiguous
to a Residential
District
From Back 15 ft. 25 ft.
Property Line
Without Ease-
ment or Alley
From Centerline 10 ft. 10 ft.
Line of a Public
Alley
(Code 1991 , § 160.037; Code 1965, App. A, Art. 5(VII); Ord. No. 1747, 6-29-89; Ord. No. 2351 ,
6-21 -77 ; Ord. No. 2603, 2- 19-80)
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Planning Commission Minutes
December 13, 1999
Page 22
RZ99-33: REZONING
CITY OF FAYETTEVILLE, PP523
This item was submitted by Charles Venable on behalf of the City of Fayetteville for property
located west of School Street, east of West Street, south of Mountain Street and north of Rock
Street. The property is zoned R-2, Medium Density Residential and R -O, Residential Office and P��a
contains approximately 2.42 acres. The request is to rezone the property to C-3, Central am,
Commercial.
Charles Venable was present on behalf of the request.
Staff Recommendation
Staff recommends approval of the requested rezoning based on the findings included as part of
the staff report on file in the Planning Division.
Commission Discussion
Johnson: This is the location just not very far west and a little bit south of where we are this
evening where the proposed new Fayetteville Public Library would be built. The primary reason
that staff has recommended the C-3 zoning is to allow greater flexibility in the design and
setbacks from the street. Tim, would you like to add details to the reason for the rezoning.
Conklin: Yes. This is the site for the proposed library. It is an entire city block. When
staff met with the architect and looked at what zoning would be appropriate in this area, it was
noted that R-2 and R -O setbacks would be 25 and 30 feet. We also looked at adjacent land uses
in the area and felt that recommending C-3 zoning would be the best zoning for this site. It
would allow 5 foot setbacks on all sides. School and West Avenues are classified as collector
streets on our Master Street Plan and an additional 15 to 20 feet or right of way would be needed
along with the setback. There is one other item that was not in your packet of material for this
rezoning and that is that in 1990, the site was rezoned from C-2 to R -O. At that time,
Washington Regional Medical Center was looking at constructing an assisted care facility or
units on this property. They offered a bill of assurance. The bill of assurance was with regard to
trees. In 1990, we did not have a tree ordinance in the City of Fayetteville. I bring this up in
case any Planning Commissioner or those in the audience remembered back to 1990 when this
site was discussed. The bill of assurance basically stated that 50% of all the existing trees with
the caliper of 8 inch or more in the interior of the site be preserved and that those trees be
protected during the construction process and that a minimum 80% of the existing trees 8 inch
caliper or more in required setback areas around the perimeter of the site be preserved. This bill
of assurance talks about working with the hospital once the development takes place. It is my
opinion that if the Planning Commission does recommend this rezoning and the City Council
Planning Commission Minutes
December 13, 1999
Page 23
does rezone it to C-3 that this bill of assurance would not apply to this property.
Johnson: Thank youfor that information. Mr. Venable is here. Do you have anything
additional for us?
Venable: No. I think Tim covered it pretty well. The architect is looking more at the
northeast corner which would be. the Mountain/School area for the location of this and try to save
as many of the trees but the land does slope quite a bit in all directions. It's going to be a
beautiful site. If we can get this, it will certainly aid the architect in the design of the building
itself.
Johnson: Thanks, Mr. Venable. Initial questions?
Public Comment
None
MOTION
Ward:
Johnson:
Shackelford:
Johnson:
Shackelford that we approve rezoning 99-33. Our approval would merely send this on to the
City Council for its work. The Council makes rezoning decisions but we do weigh in with our
recommendation. Is there discussion of the motion?
I move approval of RZ99-33 for rezoning.
Is there a second?
I'll second.
We have the motion by Commissioner Ward and the second by Commissioner
Hoffman: I have one question for staff with regard to the trees. When the library is designed
it will come back through as large scale development and we would review it for the tree
ordinance at that time. There is nothing that would preclude that.
Conklin: That is correct. At the meeting with the architect one week ago, they have been in
contact with Kim Hesse, the Landscape Administrator and they are also working with 2 other
individuals to get opinions on what trees to preserve and how to design the building on that site.
Johnson:
Anything else before we have the
vote? If not, then we have the motion to
recommend
approval of the rezoning
and send it
on to the Council.
Planning Commission Minutes
December 13, 1999
Page 24
Roll Call
Upon roll call, the motion passed with a unanimous vote of 7-0-0.
ORD9/Zo'
RECEIVED
STAFF REVIEW FORM DEC 2 0 1999
X Agenda Request CITY OFFAYETTEVILLE
Contract Re• view CITY CLERK'S OFFICE
Grant Review
For the Fayetteville City Council meeting of January 4, 2000.
FROM:
Tim Conklin
Name
Planning
Division
Public Works
Department
ACTION REQUESTED: To approve an ordinance for RZ 99-33.00 submitted by Charles
Venable on behalf of the City of Fayetteville for property located west of School
Street, east of West Street, south of Mountain Street and north of Rock Street.
The property is zoned R-2, Medium Density Residential and R -O, Residential Office
and contains approximately 2.42 acres. The request is to rezone the property to
C-3. Central Commercial.
COST TO CITY:
Cost of this request Category/Project Budget Category/Project Name
Account Number
Project Number
Funds used to date
Remaining balance
BUDGET REVIEW: Budgeted Item
Program Name
Fund
Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Acco in Mager Date
City Attorney Date
Purchasing Officer Date
GRANTING AGENCY:
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION:
Staff
recommended approval
and the
Planning Commission
approved the rezoning
with a
unanimous vote of 7-0-0.
ion
rvices
Date
/z -to -S9
Date
Date
/$t4
Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEVifLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: January 12, 2000
Attached is a copy of the ordinance approving
rezoning request
RZ 99-33
for your
records. The
original will
be filed marked with the County,
then microfilmed
and filed
with the
City Clerk.
cc: Tony Webb, Planning
Ed Connell, Engineering
Scott Caldwell, Data Processing
Louise Schaper, Library
Charles Venable, Public Works Director