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Home My WebLink AboutOrdinance 4208 ORDINANCE NO. 4208E lL D Q0! {. LRpORD 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/ X64-1 ber!5C 64- bese 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) 0 RZ99-33 . 00 - City of Fayetteville - Close Up u � LR G1 � L o � �J R-0 ❑ R-0 C:: FAO -0 R-0w El G2 G3 ❑ El R-2 2.42 ac. G2 R-0 R 2 R-0 G2 RO R-0 C7 � E OP I-1 P-1 R-0 R-0 F N 50 0 50 Feet L E S