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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