Loading...
HomeMy WebLinkAboutOrdinance 4330 ! LED FOR RECORD AUG 15 PM 2 08 ORDINANCE NO, 4330 WASHIld6 i uid CJ B. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 - 12.00 FOR A PARCEL CONTAINING APPROXIMATELY 1 .91 ACRES FOR PROPERTY LOCATED AT 509 WEST SPRING STREET, AS SUBMITTED BY ROBERT SHARP, ARCHITECT ON BEHALF OF BRIAN REINDL 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: From I. 1 , Heavy Commercial/Light Industrial to C-3, Central Commercial described in Exhibit "A" attached hereto and made a part hereof. 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 7`'' day of August, 2001 . • fAYEr . APPROVED: 01 1�r . . By: AW DAN COODY, Mayor ATTEST: ' " By: e ff, City erk 20010981 80 Ord . 4330 • 0 EXHIBIT "A" RZN 01 . 12.00 A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW'/4) OF SECTION SIXTEEN ( 16) , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, AND A PART OF BLOCK EIGHT (8) AND A PART OF GREGG AVENUE (ABANDONED) , ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8) ; THENCE N89059' 13"W ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) 103.44 FEET TO A CHISELED "X" FOR THE TRUE POINT OF BEGINNING, SAID POINT 8.5 FEET WEST AND PERPENDICULAR TO THE CENTERLINE OF THE OLD O. & C.C. MAIN TRACK OF THE ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY; THENCE N89°59' 13"W 42.59 FEET TO THE EAST BOUNDARY OF VACATED PORTION OF SPRING STREET, AS PER ORDINANCE 1513 ; THENCE S00046'15"E ALONG SAID EAST BOUNDARY 6.03 FEET; THENCE N89°58'40"W 184.51 FEET TO THE EAST LINE OF GREGG AVENUE (ABANDONED) ; THENCE N00046' 15"W ALONG THE EAST LINE OF GREGG AVENUE (ABANDONED) 28.00 FEET TO THE CENTER OF SPRING STREET (VACATED) ; THENCE N89059' 13"W 17.00 FEET TO THE CENTER OF GREGG AVENUE (ABANDONED) ; THENCE S00046' 15"E 24.88 FEET ALONG THE CENTER OF GREGG AVENUE (ABANDONED) ; THENCE N89059' 13"W 17.00 FEET TO THE INTERSECTION OF THE WEST LINE OF GREGG AVENUE (ABANDONED) AND THE EAST RIGHT-OF- WAY OF THE ARKANSAS & MISSOURI RAILROAD; THENCE ALONG SAID RAILROAD RIGHT-OF-WAY, THE FOLLOWING BEARINGS AND DISTANCES: S25050'27"W 117.67 FEET; S24049'28"W 74.92 FEET; S22°46'21 "W 82.43 FEET; S19058'05"W 78.66 FEET; S16°37'32"W 19.29 FEET TO A POINT TWO (2) FEET SOUTH OF AN EXISTING CONCRETE RETAINING WALL; THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY AND RUNNING PARALLEL WITH AND TWO (2) FEET SOUTH OF SAID RETAINING N89023128"E 151 .62 FEET TO THE WEST LINE OF GREGG AVENUE; THENCE N00°46' 15"W ALONG THE WEST LINE OF GREGG AVENUE 7.96 FEET TO THE NORTH LINE OF MEADOW STREET; THENCE N89049'06"E ALONG THE NORTH LINE OF MEADOW STREET 88.99 FEET TO A POINT 8.5 FEET WEST AND CONCENTRIC TO THE CENTERLINE OF THE OLD O. & C.C. MAIN TRACK OF THE ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY; THENCE NORTHEASTERLY PARALLEL WITH AND CONCENTRIC TO THE CENTERLINE OF SAID TRACK 143.81 FEET; THENCE N29.26' 16"E PARALLEL WITH THE CENTERLINE OF SAID TRACK 232.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .91 ACRES, MORE OR LESS. an 11 Cl' 'or Ba Kington County, Ckka sas, 'do o hereby cceNN that this instrument was filed for record m my office as indicated hereon and the same is now duly recorded inn Records Book acknowledgement and anas indicated therts eeon on. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court on the date indl- cated hereon. Betty Stamps Circuit Cl Fxoificio Recorder by 0 0 NAME OF FILE: Ordinance No. 4330 CROSS REFERENCE: 08/07/01 Ordinance No. 4330 Exhibit "A" (Legal Description of RZN 01 - 12.00) 07/23/01 Planning Division Correspondence 07/09/01 Planning Commission Minutes (Pg. 19-22) 08/07/01 Staff Review Form 08/13/01 Departmental Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : % • ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 - 12.00 FOR A PARCEL CONTAINING APPROXIMATELY 1 .91 ACRES FOR PROPERTY LOCATED AT 509 WEST SPRING STREET, AS SUBMITTED BY ROBERT SHARP, ARCHITECT ON BEHALF OF BRIAN REINDL 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: From I. 1 , Heavy Commercial/Light Industrial to C-3, Central Commercial described in Exhibit "A" attached hereto and made a part hereof. 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 day of 12001 , APPROVED: By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" RZN 01 . 12.00 A PART OF THE SOUTHEAST QUARTER (SE'/4) OF THE NORTHWEST QUARTER (NW'/4) OF SECTION SIXTEEN ( 16), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, AND A PART OF BLOCK EIGHT (8) AND A PART OF GREGG AVENUE (ABANDONED), ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE N89°59' 13 "W ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) 103 .44 FEET TO A CHISELED "X" FOR THE TRUE POINT OF BEGINNING, SAID POINT 8 .5 FEET WEST AND PERPENDICULAR TO THE CENTERLINE OF THE OLD O. & C.C. MAIN TRACK OF THE ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY; THENCE N89°59' 13 "W 42.59 FEET TO THE EAST BOUNDARY OF VACATED PORTION OF SPRING STREET, AS PER ORDINANCE 1513 ; THENCE S00°46' 15 "E ALONG SAID EAST BOUNDARY 6.03 FEET; THENCE N89058'40"W 184.51 FEET TO THE EAST LINE OF GREGG AVENUE (ABANDONED); THENCE N00°46' 15 "W ALONG THE EAST LINE OF GREGG AVENUE (ABANDONED) 28.00 FEET TO THE CENTER OF SPRING STREET (VACATED); THENCE N89°59' 13 "W 17.00 FEET TO THE CENTER OF GREGG AVENUE (ABANDONED); THENCE S000461 5 "E 24.88 FEET ALONG THE CENTER OF GREGG AVENUE (ABANDONED); THENCE N89°59' 13 "W 17.00 FEET TO THE INTERSECTION OF THE WEST LINE OF GREGG AVENUE (ABANDONED) AND THE EAST RIGHT-OF-WAY OF THE ARKANSAS & MISSOURI RAILROAD; THENCE ALONG SAID RAILROAD RIGHT-OF-WAY, THE FOLLOWING BEARINGS AND DISTANCES : S25°50'27"W 117.67 FEET; S24°49'28"W 74.92 FEET; S22°46'21 "W 82.43 FEET; S19°58'05 "W 78 .66 FEET; S16°37'32"W 19.29 FEET TO A POINT TWO (2) FEET SOUTH OF AN EXISTING CONCRETE RETAINING WALL; THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY AND RUNNING PARALLEL WITH AND TWO (2) FEET SOUTH OF SAID RETAINING N89023128 "E 151 .62 FEET TO THE WEST LINE OF GREGG AVENUE; THENCE N00°46' 15 "W ALONG THE WEST LINE OF GREGG AVENUE 7.96 FEET TO THE NORTH LINE OF MEADOW STREET; THENCE N89049'06"E ALONG THE NORTH LINE OF MEADOW STREET 88.99 FEET TO A POINT 8.5 FEET WEST AND CONCENTRIC TO THE CENTERLINE OF THE OLD O. & C.C. MAIN TRACK OF THE ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY; THENCE NORTHEASTERLY PARALLEL WITH AND CONCENTRIC TO THE CENTERLINE OF SAID TRACK 143 .81 FEET; THENCE N29.26' 16"E PARALLEL WITH THE CENTERLINE OF SAID TRACK 232.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .91 ACRES, MORE OR LESS. FAYETTEILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody City Council FROM: Hugh Earnest, Urban Development Director DATE: July 23 , 2001 SUBJECT: RZN 01 - 12.00: Rezoning ( Reindl, pp 484) BACKGROUND RZN 01 - 12.00: Rezoning ( Reindl, pp 484) was submitted by Robert Sharp, Architect on behalf of Brian Reindl for property located at 509 W. Spring Street. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 1 .91 acres. The request is to rezone to C-3, Central Commercial. The subject property is located immediately south of the Walton Arts Center parking lot, west of the Nadine Baum Learning Center. The Powerhouse Restaurant is to the west and several warehouses and mixed tenant buildings are located south of the site. The applicant is in the process of developing plans to renovate the second floor of the building on this site in order to build office space for lease. The structure currently houses a mix of various uses, some of which are permitted within the C-3 district by right and some which would become non- conforming uses as a result of this rezoning. The applicant is aware that uses made non- conforming because of a change in zoning will be treated as such and will be allowed to remain until they are converted to uses permitted by right. The C-3 zoning district provides for a transitional zone in this area and will allow for flexibility in parking regulations. This site is designated on the City' s adopted General Plan 2020 as Historic Commercial. The C-3 district is applied in these areas and provides for a mixture of uses which are compatible to the downtown area, providing a transition between residential, industrial and other higher impact commercial areas. This site is adjacent to the Arkansas Missouri Rail Road and was at one time surely used in conjunction with this form of transportation and was therefore zoned for heavy commercial and light industrial uses. At this time, the character of the area and the specific building has changed. A change in the zoning designation of this property will reflect the use of the building (specifically the proposed use) and the nature of the property with regard to its location and the surrounding area. CURRENTSTATUS The rezoning was recommended by the Planning Commission on July 9, 2001 by a 9-0-0 vote and forwarded to the City Council for approval. RECOMMENDATION The Planning Commission and staff recommended approval of the requested rezoning based on the findings included as part of this report. H.I USERSICOMMONIDAWN7IREPORTSIPCI7-9-O1lreondl_rezone_CC.ivpd 0 0 FAYETTEVILLE THE C lY OF FAYETTEVQ,LE, ARKANSAS 113 W. Mountain SL Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: July 9, 2001 RZN 01-12.00: Rezoning ( Reindl, pp 484) was submitted by Robert Sharp, Architect on behalf of Brian Reindl for property located at 509 W. Spring Street. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 1 .91 acres. The request is to rezone to C-3, Central Commercial. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: July 9, 2001 CITY COUNCIL ACTION: Required YES ,I O Approved O Denied ' Date: August 7, 2001 (1" reading) Comments: N:I USERSICOA DNOMDAWN7IREPOR7SIPCI7-9-011 reindl.wpd BACKGROUND: The subject property is located immediately south of the Walton Arts Center parking lot, west of the Nadine Baum Learning Center. The Powerhouse Restaurant is to the west and several warehouses and mixed tenant buildings are located south of the site. The applicant is in the process of developing plans to renovate the second floor of the building on this site in order to build office space for lease. The structure currently houses a mix of various uses, some of which are permitted within the C-3 district by right and some which would become non-conforming uses as a result of this rezoning. The applicant is aware that uses made non-conforming because of a change in zoning will be treated as such and will be allowed to remain until they are converted to uses permitted by right. The C-3 zoning district provides for a transitional zone in this area and will alla•;Ar for flexibility in parking regulations. This site is designated on the City' s adopted General Plan 2020 as Historic Commercial. The C-3 district is applied in these areas and provides for a mixture of uses which are compatible to the downtown area, providing a transition between residential, industrial and other higher impact commercial areas. This site is adjacent to the Arkansas Missouri Rail Road and was at one time surely used in conjunction with this form of transportation and was therefore zoned for heavy commercial and light industrial uses . At this time, the character of the area and the specific building has changed. A change in the zoning designation of this property will reflect the use of the building (specifically the proposed use) and the nature of the property with regard to its location and the surrounding area. SURROUNDING LAND USE AND ZONING North: Walton Arts Center parking lot, C-3 South: Warehouse / Mixed Use, I- 1 East: Nadine Baum Learning Center, C-3 West: Powerhouse Restaurant, I-1 INFRASTRUCTURE: Access to this site is from West Ave. and Spring Street. West Ave. is classified as an Historic Collector on the Master Street Plan, Spring St. is a local street. Water and sewer are available and currently serve the site. A 6" water line and an 8" sewer line are both located within the right of way of Spring Street. N:I USERSACOMNONIDAWA7IRUOR7SIPCV-9-011mindl.wpd i • LAND USE PLAN: General Plan 2020 designates this site Historic Commercial. Rezoning this property to C-3 , Central Commercial 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 proposed zoning is consistent with land use planning objectives, principles and policies and with the adopted General Plan 2020 which designates the land use in this area as Historic Commercial. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in that it more appropriately reflects the use and character of the site than the current I-1 zoning. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciable increase traffic danger and congestion. Any of the uses permitted within the requested C-3 zoning district are currently permitted on the site. Adequate parking is available within adjacent and nearby public parking lots to accommodate tenants and customers to 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 will not alter population density. 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 H:I USERSICOMMONIDAWN71REPOR7SIPC17-9-01l reindl.wpd 0 • even though there are reasons under b (1 ) through (4) above why the proposed zoning is not desirable. Finding: N/A H:IOSERSICOAWONIDAWN7IREPOR7SIPC I7-9-011 reindl.wpd 0 §161.15 DISTRICT C-3 CENTRAL CONE ERCIAL. C. Bulk and Area Regulations/ Setbacks. Setback lines shall meet the following A. Purpose. The Central Commercial minimum requirements: District is designed to accommodate the commercial Central Shopping and related uses commonly found in the central PP g Business Center business district or regional shopping centers which District provide a wide range of retail and personal service uses. From Street ROW 5 ft. 25 ft. B. Uses. 1. Permitted Uses. From Street ROW if 50 ft. 50 ft. Unit 1 City-Wide Uses by Right Parking Between the Allowed he ROW Unit 4 Cultural and Recreational and the Building Facilities From Side Property None None Unit 5 Government Facilities Line Unit 9 Multifamily Dwelling - Low From Side Property 10 fL 25 ft. Density Line When Contiguous to a Unit 10 Multifamily- High Density Residential District Unit 12 Offices, Studios and Related From Back Property 15 ft. 25 ft. Services Line Without Ease- ment or Alley Unit 13 Eating Places From Centerline Line 10 ft. 10 ft. Unit 14 Hotel, Motel and Amusement of a Public Alley Facilities Unit 15 Neighborhood Shopping Goods (Code 1991, § 160.037; Code 1965, App. A, Art. 5(VII); Ord. No. 1747, 6-29-89; Ord. No. 2351, 6- Unit 16 Shopping Goods 21-77; Ord. No. 2603, 2-19-80) Unit 18 Gas Service Stations and Drive- In Restaurants Unit 19 Commercial Recreation 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 19 Trades and Services Unit 28 Center for Collecting Recyclable Materials H.I USERSIC0MM140MDAWN7IREP0R7SIPC17-9-011 reindl.wpd 14 June, 2001 Fayetteville Planning Commission 113 West Mountain Street Fayetteville, AR 72701 To: The Fayetteville City Planning Commission and The Fayetteville City Council RE: REZONING REQUEST 509 WEST SPRING STREET R E GIST ER ED ROBERT SHARP. ARCHITECT 311 WEST DICKSON STE 103 EAYETTEVILLE AR PHONE: S01.442.0229 FAX: 501-442.1121 The building located at 509 West Spring Street in Fayetteville, Arkansas is owned by Brian Reindl of Reindl Properties, Inc. There are no proposed or pending prcperty sales relating tc the lot or building. The owner has retained the services of Robert Sharp, Architect, Inc. in order to create rental office space on the second floor of this building. The building is currently zoned as I-1. Renovating the second floor under the I-1 designation could trigger both setback and parking issues. The area adjacent to this property has been undergoing a steady transition from industrial, track side uses to mixed use --including office, residential, retail, and restaurant. It seems appropriate at this time to rezone this property to C3 to allow this transition to continue. If this is done, then the existing setback and parking situation would more nearly conform to city ordinance. There are current tenants of the building, including a screen printing business, metal shop, furniture builder, and warehouse space that do not conform to the uses of a C-3 building. However, C-3 properties may have existing nonconforming uses, given that they do not expand or renovate their services beyond the limits set by the ordinance. It is our intention that the manufacturing and warehouse use of the basement and first floor of the building remain. Architecturally, the renovated building will remain consistent with its context. The masonry exterior walls will not be altered by the work done on the building. However, we do anticipate re -installing large multi -pane windows in the blocked -in openings and reworking the signage, exterior lighting, and entrances on the north elevation. The main entrance for the second floor offices will be in this area, and this elevation will be adapted to better represent the businesses in the building. This facade is the one that faces Dickson Street, and will be instrumental in creating a stronger relationship between the offices spaces of the warehouse building and the businesses nearby. The building's function will remain multi -use, containing office, manufacturing, studio, and warehouse space. The nearby lots include a city owned parking lot and the Nadine Baum learning center, and the movement of people and cars through this area will be complementary to the use of the renovated warehouse. The signage for the new office tenants will be integrated into the design of the north elevation, and will comply with the sign ordinance of the City of Fayetteville. The flow of traffic created by the renovation will be consistent with the current conditions. The city owned parking lot to the north of the property is under utilized during the anticipated hours of operation of the office tenants. In addition, there is a parking area to the south of the building that belongs to the owner. Water and sewer lines are available on the property. They are both located in the street. The diameter of the water line is six inches, and the sewer line is eight inches. Brian and I appreciate your consideration of this issue. I look forward to presenting this project in more detail at the Planning Commission meeting. Sincerely, Robert Sharp, Architect cc: File :tea911sr.:ra1ir i[srra►.��S RZN 01-Y2 Reindl @o1se Up G3 Subject >- F— U) z I-1 Master Street Plan Freeway/Expressway A/ Principal Arterial Minor Arterial Collector Historical Collector /\/STREETS 150 0 150 Feet C-3 SPRING RZN 01 Reindl Land Use Subject Pro Master Street Plan Freeway/Expressway Principal Arterial ••,' Minor Arterial / S / Collector Historical Collector Landuse ,.. .......... Historic Commercial Private Open Space Mixed Use Residential University 200 0 200 Planning Commission July 9, 2001 Page 19 RZN 01-12.00: Rezoning ( Reindl, pp 484) was submitted by Robert Sharp, Architect on behalf of Brian Reindl for property located at 509 W. Spring Street. The property is zoned I -I, Heavy Commercial/Light Industrial and contains approximately 1.91 acres. The request is to rezone to C-3, Central Commercial. Estes: The next item on the agenda is rezoning request 01-12.00 submitted by Robert Sharp, Architect on behalf of Brian Reindl for property located at 509 W. Spring Street. The property is zoned I -I, Heavy Commercial/Light Industrial and contains approximately 1.91 acres. The request is to rezone to C-3, Central Commercial. Staff recommends approval of the requested rezoning based on the findings included as a part of the. report. Is the applicant present? Sharp: Yes. Estes: Mr. Sharp, would you give us your name and the benefit of your presentation please? Sharp: My name is Robert Sharp, I'm here on the behalf of Brian Reindl. The project is located at 509 Spring Street and it's approximately 2 acres. Right now it's zoned I-1 and we would like to rezone it to C-3. About two years ago Brian bought the building and since then he's painted the exterior, he's installed new windows and fixed the roof. He would like to continue to maintain and renovate the building, particularly the second floor. Right now it's being used for storage. He would like to accommodate some office tenants up there. In order to do that we feel like we should get the property rezoned. We have two reasons for this, one is that if we can get it rezoned to C-3, it will more nearly match the existing setbacks of the building, C-3 has much less setbacks than the Heavy Commercial/Light Industrial zoning. Also, it meets the City's parking requirements for the C-3 district. The parking requirements assume a certain amount of shared parking in the proximity to public parking down there. Also, there are just more pedestrians in that area so the parking requirements are less. We also feel that the rezone is appropriate because it more nearly matches Fayetteville's 2020 Plan which was developed after numerous public meetings and City staff input and they have designated this area as Historic Commercial, which provides for a mixture of uses and is more compatible with the downtown area. We feel this C-3 zoning would also help fulfill the City's 2020 Plan. Another reason we feel rezoning is necessary, if there was a rail spur in the area which served the industrial concerns, the rail track has been pulled up and the right-of-way is sold. Modem industrial and storage areas required heavy truck access which this area doesn't provide. In order to keep this area commercially viable we think the rezone makes sense. Also, the adjacent properties are primarily they are either Historic Commercial in zoning or use. There is the Walton Arts Center 0 El Planning Commission July 9, 2001 Page 20 adjacent, the Nadine Baum Learning Center is adjacent to the property and also across the tracks is the Powerhouse Restaurant. We feel that with these neighboring uses the C-3 zoning makes more sense. I would like to answer any questions you have and thank you for your time. Estes: Commissioners, do you have any questions for Mr. Sharp? Hoffman: How many parking spaces exist on the site now and would there be a parking shortage with the addition of the office tenant? Sharp: Right now the parking is unstriped, it's a little bit of a free-for-all. We are trying to organize the parking a little better. When we apply for permitting we'll have a parking plan in place. We think that the area that's currently used for loading is going to be adequate for our parking needs. Our main parking strategy is that the Walton Arts Center parking, during the day, it has numerous vacancies. We think that's going to cover any kind of overflow parking situation. Hoffman: My second question is for staff. If this remains zoned I-1, really because of this location, does the I-1 require them to add parking if they remodeled the building but not add to it or would the C-3 accomplish that? Conklin: The C-3 zoning will resolve a lot of issues that we have down in the Planning Division when they do come in and want to renovate the space. A lot of the space historically was used for warehousing and light industrial uses which didn't require as much parking. When they come in and convert that into retail space and office space, it does require additional parking. A couple of years ago I went out there and I physically went around the building and counted the number of spaces just to get some retail use into the building and make it work. This is going to allow a lot more flexibility, it's an existing building. It would be treated like all the existing buildings that were not retail that have been converted to allow them to be renovated and be used for retail, restaurants, office, without having a penalty of trying to provide that parking with the existing large buildings in our downtown area. Hoffman: Do you agree that the Arts Center parking lot being right next door is going to be available for their use during the day? Conklin: I believe there is adequate parking in that area. 0 Planning Commission July 9, 2001 Page 21 PUBLIC COMMENT: Estes: Is there any member of the audience who would like to provide public comment on this rezoning request 01-12.00? COMMISSION DISCUSSION: Estes: Seeing none, I'll bring it back to the full Commission for discussion, comments, questions, motions. Mari: One of the determinations or findings that we need to make is the proposed zoning is justified and needed at the time. Do we know what the current availability of C-3 zoning in this area already, how much is vacant roughly, or is it pretty much all taken space? Conklin: I do know there has been some buildings that have been renovated recently that haven't been fully leased out. One of them is Three Sisters which is slowly going up and another one is the project Cal Canfield did or the Icehouse project on West Street. With regard to appropriateness of the zone change, I would rather see it rezoned as C- 3 than I-1 with the ability to leave that property with light manufacturing/heavy commercial type uses that could be inappropriate in that area. I believe it would be beneficial of the City to bring in that type of use into this area that's been transformed from what the bomb center used to be, the McBride Distribution Warehouse to an art type center and this being right next door I think will be beneficial to have offices and potential restaurants and retail within the center. MOTION: Mari: With that comment, I'll move for approval of rezoning 01-12.00 subject to the findings in the report. Bunch: I'll second. Estes: We have a motion by Commissioner Man and a second by Commissioner Bunch to approve rezoning request 01-12.00, is there any discussion? Sheri, would you call the roll please? ROLL CALL: Upon roll call CU 01-12.00 is approved by a unanimous vote of 9-0-0. Planning Commission July 9, 2001 Page 22 Estes: That concludes our agenda. Are there any announcements? Conklin: Yes. I would like to remind the Commission of Monday, July 16, 2001, at 6:00 p.m. at Genesis, down off of South School Street, the Master Parks Plan meeting. Each of you should have received an executive summary of that master plan and I do encourage each of you to attend that meeting. It's a joint meeting with City Council and Parks Board. It will be a good opportunity to have a understanding of the Master Parks Plan which includes the actual future facilities needed to serve future growth and development in Fayetteville. Please let me know if you are not able to attend that meeting next Monday. Hoffman: I don't know that the meeting date is confirmed but I think we are set for an August Pt meeting for the Outdoor Lighting Ordinance at 12:00 p.m. Estes: Any other announcements? Any other business? We'll stand adjourned until the next regularly called meeting. STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of August 7, 2001. FROM: Tim Conklin Name Planning Division Public Works Department ACTION RSQUES'TED: To approve an ordinance tor RZN UI-12.U1) submitted by Robert Sharp, Architect on behalf of Brian Reindl, for property located at 509 West Spring Street. The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 1.91 acres. The request is to rezone to C-3, Central Commercial. COST TO CITY: Cost of this request Category/Project Budget Category/Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: ounting Manager Date ADA Coordinator Date City ttorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and Planning Commission voted 9-0-0 to recommend and forward the rezoning to the City Council. -ZLts4 Cross Reference Diviio Tad Date 9_2-I-Ci Dep ment Dior Date New Item: Yes No ./ ��/� Administrative S vices ate Prev Ord/Res#: Dir c r Ma orLate Orig Contract Date: FAYETTEVItLE r THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning From: Heather Woodruff, City Clerk Date: August 13, 2001 Attached is a copy of the ordinance rezoning property located at 509 W. Spring Street. The original will be microfilmed and filed with the City Clerk. cc: Ed Connell, Engineering Scott Caldwell, Info. Tech. John Goddard, Info. Tech.