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
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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
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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 :
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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
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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
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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
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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
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§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