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HomeMy WebLinkAboutOrdinance 4448 ORDINANCE NO. 4448 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITIONS RZN 02- 18.00, RZN 02- 19.00, RZN 02-20.005 RZN 02-29.00, RZN 02-30.00, RZN 02-31 .00, AND RZN 02-32.00 FOR PARCELS LOCATED IN THE MILL DISTRICT NEIGHBORHOOD AS DESCRIBED IN EXHIBITS A THROUGH G, AS SUBMITTED BY THE CITY OF FAYETTEVILLE PLANNING DIVISION ON BEHALF OF THE MILL DISTRICT NEIGHBORHOOD ASSOCIATION 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: RZN 02- 18.00: From I- 1 , Heavy Commercial, Light Industrial to R-O, Residential Office; RZN 02- 19.00: From I- 1 , Heavy Commercial, Light Industrial and R- 1 , Low Density Residential, to R-O, Residential Office; RZN 02-20.00: From I- 1 , Heavy Commercial, Light Industrial to C-3, Central Commercial; RZN 02-29.00: From I- 1 , Heavy Commercial, Light Industrial to R- 1 , Low Density Residential; RZN 02-30.00 from I- 1 , Heavy Commercial, Light Industrial to R-2, Medium Density Residential; RZN 02-31 .00 from I- 1 , Heavy Commercial, Light Industrial to R-O, Residential Office; RZN 02-32.00 from R- 1 , Low Density Residential to R-O, Residential Office as shown in Exhibits A through G attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is herel3 amended to reflect the zoning changes provided in Section 1 above. D and APPROVED this the 17`h day of December, 2002. APPROVED: By: DAN COODY, Mayor ATTEST: Zr IIIIIIIIIIIIIIIVVIIIIIIVIIIVIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIII By Doc ID : 004488380008 Tvpe : REL Recorded : 04/ 15/2003 at 01 : 34 : 28 PH Bather Woodruff, City Cl Fee Amt : $29 . 00 Pape 1 of 8 Washlnoton Countv . AR Bette Stamos Circuit Clerk Flle2003-00021990 4448 EXHIBIT "A" Mill District Neighborhood RZN 02-18 (I-1 to R-O): Legal Description: A part of the NE/4-SW/4 of Section 16, T- 16-N, R-30-W and being more particularly described as follows, to wit: Beginning at a point N 02°54'04" E 140.78 ' and N 87°05 ' 56" W 139. 17 ' from the SE Corner of said NE/4-SW/4, said point being the SE Corner of Lot 10 of the Hall & Gollaher Addition, thence the following bearings and distances: N 03007132" E 150.00' N 87°01 '05" W 89.97' to the East R/W line of the Arkansas & Missouri RR N 12059'05" E 105 .97 ' N 01053144" E 470.01 ' S 88030306" E 43 .00' N 00046105" E 116. 17 ' N 00053 '26" E 116.81 ' N 87019156" W 100.02 ' to the West R/W line of the Ark & Mo RR S 00059301 " W 75 .48 ' N 86045103" W 101 .73 ' to the East R/W line of University Avenue S 02032104" W 83 .77 ' S 87°19' 56" E 104.27' to the West R/W line of the Ark & Mo RR S 00046'05" W 44.09' Along a 2350' radius curve to the right 105.95 ' (chord S 02°03 '34" W 105.94') To the NE Comer of Lot 10 Revised Plat of County Court Plat NE-SW N 87° 19'56" W 106.51 ' S 0203214" W 228.50' S 87019156" E 92. 10' S 09059'06" W 86. 15 ' S 11054121 " W 71 .41 ' S 12046135" W 63 .74' S 13009'46" W 20.91 ' N 87019'56" W 54. 11 ' to the East R/W of University Avenue S 02032104" W 289.92 ' N 22012152" E 115 . 14' S 87001105" E 199.31 ' to the POB, containing 3. 19 Acres, more or less. 4448 EXHIBIT `B" Mill District Neighborhood RZN 02-19 (1-1 to R-O): Legal Description: A part of the NW/4-SE/4, SW/4-SE/4 and the NE/4-SW/4 of Section 16, T- 16-N, R-30- W, and being more particularly described as follows, to wit: Beginning at the SW Comer of said NW/4-SE/4, thence the following bearings and distances: S 87010'05" E 241 .65 ' S 14003109" E 104.51 ' S 87d10' 16" E 91 .99' to the West R/W of West Avenue N 02041125" E 165 .00' N 8701011699 W 166.01 ' to the East line of old RR R/W Northeasterly along a 550' radius curve to the right 131 .59' (Chord bearing and distance = N O1 °45 '24" E 131 .28') N 08036940" W 286. 87' to a point of curve Northwesterly along a 1550' radius curve to the left 469.07 ' (Chord bearing and distance = N 00°03 '31 " W 467.29') N 08043 '42" W 39.63 ' to a point of curve Northwesterly along a 2096.53 ' radius curve to the left 56. 10' (Chord bearing and distance = N 08°43 '42" W 56. 10') N 87022116" W 102.00' N 08043142" W 218.27' S 02054904" W 944.68 ' N 87010' 1699 W 142.50' to the NW Corner of Lot 6 in the Hall & Gollaher Addition S 03°07 '32" W 210. 16' S 87001 '05" E 109.33 ' S 02054'04" W 50.00' N 87°01 '05" W 109.52' S 03007 '32" W 50.86' S 87012 '23" E 109.72 ' to the POB, containing 5.61 acres, more or less. • 4448 EXHIBIT "C" A PART OF BLOCK 22 OF THE ORIGINAL TOWN PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS, BEING 50' EITHER SIDE OF THE CENTERLINE OF THE ABANDONED BURLINGTON-NORTHERN RAILROAD, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT N87°22' 16"W 184.82' (DEED DISTANCE) FROM THE SE CORNER OF SAID BLOCK 22, THENCE N 08043142"W 218.27' ALONG THE ABANDONED RR R/W TO THE NORTH LINE OF BLOCK 22, THENCE N87022106"W 102.00 TO THE WEST LINE OF SAID ABANDONED RR R/W, THENCE S 08°43 '42"E 218.27 ' TO THE SOUTH LINE OF BLOCK 22, THENCE S87°22 ' 169E 102.00' TO THE POINT OF BEGINNING, CONTAINING 0.50 ACRES, MORE OR LESS. • 4448 EXHIBIT "D" Mill District Neighborhood RZN 02-29 (I-1 to R-1): Legal Description: Lots 11 and 12 of the Revised Plat of the County Court Plat NE-SW, Section 16, T- 16-N, R-30-W, containing 0.37 acres, more or less. • 4448 • EXHIBIT `B" Mill District Neighborhood RZN 02-30 (I-1 to R-2): Legal Description: Part of the NEA of the SWA of Section 16, T- 16-N, R-30-W, and being more particularly described as follows, to wit: Beginning at a point N 02054'04" E 981 . 18 ' from the SE Comer of said NE/SW, thence N 02054'04" E 159.50' , thence N 86'44' 14" W 184.74' to the East R/W line of the Arkansas-Missouri Railroad, thence S O1 °29'54" W 42. 81 ', thence S 00°53 '26" W 116.81 ' , thence S 860441499 E 179.59' to the POB, containing 0.67 Acres, more or less. • 4448 • EXHIBIT "F" Mill District Neighborhood RZN 02-31 (I-1 to R-O): Legal Description: Part of the SEA of the SW/4 and part of the SW/4 of the SEA of Section 16, T- 16-N, R- 30-W, and being more particularly described as follows, to wit: Beginning at a point S 02012142" W 258.66' from the NE Comer of said SE/SW, thence N 87010167W 126.69 ' , thence S 03045 ' 14" W 204.00', thence S 89°07 '36" E 278.24' , thence N 02012 '42" E 139.65 ', thence N 87° 10' 16" W 146.00' , thence N 02° 12'42" E 54.84' to the POB, containing 1 .08 acres, more or less. • 4448 EXHIBIT "G" Mill District Neighborhood RZN 02-32 (R-1 to R-O): Legal Description: Part of the SEA of the SW/4 of Section 16, T-16-N, R-30-W, and being more particularly described as follows, to wit: Beginning at a point S 02° 12'42" W 171 .00' from the NE Corner of said SE/SW, thence N 87012123" W 124.33 ', thence S 03°45 ' 14" W 87.59' , thence S 87° 10' 16" E 126.69', thence N 02° 12'42" E 87.66' to the POB, containing 0.25 acres, more or less. 1 W a'shin9ton County ent was filed on 1 certify this in05134 5 PM 0411512003ed in Real Estate and record 00021990 ber2003 Clerk ps File Nu • Circuit Bette , by/ U / NAME OF FILE: Ordinance No. 4448 CROSS REFERENCE: Item # Date Document 1 12/03/02 10rd. No. 4448 w/Ex. A 2 11 /15/02 Staff Review Form w/attachments: 11/15/02 memo to City Council draft ordinance copy of Power Point presentation of Neighborhood Rezoning Mill District Neighborhood Zoning Study revised proposal copy of close up view-RZN02-.18.00 copy of future land use-RZN 02-18.00 copy of one mile view-RZN 02-18.00 RZN 02-19.00 copy of close up view RZN 02-19.00 copy of future land use RZN 02-19.00 copy of one mile view RZN 02-20.00 copy of close up view RZN 02-20.00 copy of future land use RZN 02-20.00 copy of one mile view RZN 02-29.00 copy of close up view RZN 02-29.00 copy of future land use RZN 02-29.00 copy of one mile view RZN 02-30.00 copy of close up view RZN 02-30.00 copy of future land use RZN 02-30.00 copy of one mile view RZN 02-31 .00 copy of close up view RZN 02-31 .00 copy of future land use RZN 02-31 .00 copy of one mile view RZN 02-33.00 copy of close up view RZN 02-33.00 copy of future land use RZN 02-33.00 copy of one mile view 11 /12/02 Planning Commission minutes 3 12/26/02 memo to Tim Conklin 4 01 /01/03 Affidavit of Publication S t510 3 U) Etttrrs DeE NOTES : FAYETTEVI &E THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin Planning From: Heather Woodruff, City Clerk Date: December 26, 2002 Attached is a copy of Ordinance 4448 an ordinance rezoning that property described in rezoning petitions RZN 02- 18.00, RZN 02- 19.00, RZN 02-20.00, RZN 02-29.00, RZN 02-30.00, RZN 02-31 .00, and RZN 02-32.00 for parcels located in the Mill District neighborhood as described in exhibits A through G, as submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of December 3 , 2002 . FROM : Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To approve an ordinance for RZN 02 - 18 . 00 , RZN 02 - 19 . 00 , RZN 02 - 20 . 00 , RZN 02 - 29 . 00 , RZN 02 - 30 . 00 , RZN 02 - 31 . 00 , and RZN 02 - 32 . 00 as submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association . COST TO CITY : $ 0 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 : Aznting Manager Date ADA Coordinator Date f CTTy-AttUrney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on November 12 , 2002 the Planning Commission voted to recommend to the City Council approval of the rezonings as requested . Cross Reference Di vd1 on H a / La e / v V rt t ' rector Ra' t 'e New Item : Yes No JJ 02 A6mi stra e Services Date Prev Ord/Res# : Di or M yor IT D t� 'e Orig Contract Date : FAYETTE'tILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 PLANNING DIVISION CORRESPONDENCE • For CC Meeting of Dec. 3, 2002 TO: Mayor Dan Coody Fayetteville City Council FROM: Shelli Rushing, A.I.C.P., Associate Planner THRU: Tim Conklin, City Planner DATE: November 15, 2002 RZN 02-18.00: Rezoning (Mill District Neighborhood, pp 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located south of Center Street, between University Avenue and Gregg Avenue to include 28 University Ave., 42 University Ave., 50 University Ave., and 102 University Ave. and 227 and 303 Gregg Ave. Approximately .I9 acres is zoned C -I, Neighborhood Commercial and approximately 3 acres is zoned 1-1, Heavy Commercial and Light Industrial, totaling 3.19 acres. The request is to rezone to R -O, Residential Office. RZN 02-19.00: Rezoning (Mill District Neighborhood, pp 522/523) was submitted bythe City of Fayetteville Planning Division on behalf ofthe Mill District Neighborhood Association for property located between Center Street and Prairie Street, between Gregg Avenue and West Avenue to include 304 Gregg and part of 308 Gregg and 301 and 303 West Ave. The property is zoned 1-1, Heavy Commercial and Light Industrial and contains approximately 5.61 acres. The request is to rezone to R -O, Residential Office. RZN 02-20.00: Rezoning (Mill District Neighborhood, pp 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 545 Center Street. The property is zoned 1-1, Heavy Commercial and Light Industrial and contains approximately.49 acres. The request is to rezone to C- 3, Central Commercial. RZN 02-29.00: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 32 and 38 University Ave. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately .37 acres. The request is to rezone to R- I, Low Density Residential. RZN 02-30.00: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 37 Gregg Ave. The property is zoned 1-I, Heavy Commercial and Light Industrial and contains approximately .67 acres. The request is to rezone to R-2, Medium Density Residential. RZN 02-31: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 316 and 320 Gregg Ave and 510 and 512 Prairie St. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately 1.08 acres. The request is to rezone to R -O Residential Office. RZN 02-32: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 208 Gregg. The property is zoned R -1 Low Density Residential and contains approximately .25 acres. The request is to rezone to R -O Residential Office. ll:\USERS\COMMON\PIANNING\Repots\CC REPORTS 2002\DEC\Mil District.doc BACKGROUND • The current zoning map is over 30 years old; adopted in 1970. Certain areas of the city are zoned in a manner that is incompatible with the current land use. Fayetteville General Plan 2020 has a policy that states "Identify and rezone inappropriately zoned industrial areas to more appropriate uses." Planning staff identified the Mill District Neighborhood as an appropriate study area due to the character of the neighborhood, which has a significant amount of industrial zoned land that is used as residential. The study began in March. Staff met with the neighborhood five times over the course of six months. The final rezoning proposals were presented to the Planning Commission at the November 12, 2002 Planning Commission meeting. On Nov. 12, 2002, the Planning Commission voted 7-0-0 to forward the following rezonings to City Council for approval: RZN 02-18.00; RZN 02-30.00; and RZN 02-20.00; RZN 02-32.00. RZN 02-29.00; On Nov. 12, 2002, the Planning Commission voted 7-0-0 to forward RZN 02-19 to City Council and include Lot 3 of the Gallaher Addition (308 Gregg). On Nov. 12, 2002, the Planning Commission voted 7-1-0 to forward RZN 02-31.00 to the City Council for approval. RECOMMENDATION City Council approval of the following rezoning requests to include Lot 3 of the Gallaher Addition (308 Gregg) in RZN 02-19: RZN 02-18.00 RZN 02-30.00 RZN 02-19.00 RZN 02-31.00 RZN 02-20.00 RZN 02-32.00 RZN 02-29.00 H:\USERS\COMMON\PIANNING\Reports\CC REPORTS 2002\DEC\MiI District.doc ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITIONS RZN 02-18.00, RZN 02-19.00, RZN 02-20.00, RZN 02-29.00, RZN 02-30.00, RZN 02-31.00, AND RZN 02-32.00 FOR PARCELS LOCATED IN THE MILL DISTRICT NEIGHBORHOOD AS DESCRIBED IN EXHIBITS A THROUGH G, AS SUBMITTED BY THE CITY OF FAYETTEVILLE PLANNING DIVISION ON BEHALF OF THE MILL DISTRICT NEIGHBORHOOD ASSOCIATION. 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: RZN 02-18.00: From I-1, Heavy Commercial, Light Industrial to R -O, Residential Office; RZN 02-19.00: From I-1, Heavy Commercial, Light Industrial and R-1, Low Density Residential, to R -O, Residential Office; RZN 02-20.00: From I-1, Heavy Commercial, Light Industrial to C-3, Central Commercial; RZN 02-29.00: From I-1, Heavy Commercial, Light Industrial to R-1, Low Density Residential; RZN 02-30.00 from I-1, Heavy Commercial, Light Industrial to R-2, Medium Density Residential; RZN 02-31.00 from I-1, Heavy Commercial, Light Industrial to R -O, Residential Office; RZN 02-32.00 from R-1, Low Density Residential to R -O, Residential Office as shown in Exhibits A through G 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 , 2002. APPROVED: +R DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" Mill District Neighborhood RZN 02-18 (I-1 to R -O): Legal Description: A part of the NE/4-SW/4 of Section 16, T -16-N, R -30-W and being more particularly described as follows, to wit: Beginning at a point N 02°54'04" E 140.78' and N 87°05'56" W 139.17' from the SE Corner of said NE/4-SW/4, said point being the SE Corner of Lot 10 of the Hall & Gollaher Addition, thence the following bearings and distances: N 03°07'32" E 150.00' N 87°01'05" W 89.97' to the East R/W line of the Arkansas & Missouri RR N 12°59'05"E 105.97' N 01°53'44" E 470.01' S 88°30'06" E 43.00' N 00°4605" E 116.17' N 00°53'26" E 116.81' N 87°19'56" W 100.02' to the West R/W line of the Ark & Mo RR S 00°59'01" W 75.48' N 86°45'03" W 101.73' to the East R/W line of University Avenue S 02°32'04" W 83.77' S 87°19'56" E 104.27' to the West R/W line of the Ark & Mo RR S 00°46'05" W 44.09' Along a 2350' radius curve to the right 105.95' (chord S 02°03'34" W 105.94') To the NE Corner of Lot 10 Revised Plat of County Court Plat NE -SW N 87°19'56" W 106.51' S 02°32'4" W 228.50' S 87°19'56" E 92.10' S 09°59'06" W 86.15' S ll°54'21" W 71.41' S 12°46'35" W 63.74' S 13°09'46"W 20.91' N 87°19'56" W 54.11' to the East R/W of University Avenue S 02°32'04" W 289.92' N 22°12'52" E 115.14' S 87°01'05" E 199.31' to the POB, containing 3.19 Acres, more or less. • 0 EXHIBIT "B" Mill District Neighborhood RZN 02-19 (1-1 to R -O): Legal Description: A part of the NW/4-SE/4, SW/4-SE/4 and the NE/4-SW/4 of Section 16, T -16-N, R -30- W, and being more particularly described as follows, to wit: Beginning at the SW Corner of said NW/4-SE/4, thence the following bearings and distances: S 87°10'05" E 241.65' S 14°03'09"E 104.51' S 87d10' 16" E 91.99' to the West R/W of West Avenue N 02°41'25" E 165.00' N 87°10' 16" W 166.01' to the East line of old RR R/W Northeasterly along a 550' radius curve to the right 131.59' (Chord bearing and distance =N 01°45'24" E 131.28') N 08°36'40" W 286.87' to a point of curve Northwesterly along a 1550' radius curve to the left 469.07' (Chord bearing and distance = N 00°0331" W 467.29') N 08°43'42" W 39.63' to a point of curve Northwesterly along a 2096.53' radius curve to the left 56.10' (Chord bearing and distance = N 08°43'42" W 56.10') N 87°22'16" W 102.00' N 08°43'42" W 218.27' S 02°54'04" W 944.68' N 87°10' 16" W 142.50' to the NW Comer of Lot 6 in the Hall & Gollaher Addition S 03°07'32" W 210.16' S 87°01'05" E 109.33' S 02°54'04" W 50.00' N 87°01'05" W 109.52' S 03°07'32" W 50.86' S 87°12'23" E 109.72' to the POB, containing 5.61 acres, more or less. EXHIBIT "C" A PART OF BLOCK 22 OF THE ORIGINAL TOWN PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS, BEING 50' EITHER SIDE OF THE CENTERLINE OF THE ABANDONED BURLINGTON -NORTHERN RAILROAD, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT N87°22' 16"W 184.82' (DEED DISTANCE) FROM THE SE CORNER OF SAID BLOCK 22, THENCE N 08°43'42"W 218.27' ALONG THE ABANDONED RR R/W TO THE NORTH LINE OF BLOCK 22, THENCE N87°22'06"W 102.00 TO THE WEST LINE OF SAID ABANDONED RR R/W, THENCE S 08°43'42"E 218.27' TO THE SOUTH LINE OF BLOCK 22, THENCE S87°22' 16"E 102.00' TO THE POINT OF BEGINNING, CONTAINING 0.50 ACRES, MORE OR LESS. EXHIBIT "D" Mill District Neighborhood RZN 02-29 (I-1 to R-1): Legal Description: Lots 11 and 12 of the Revised Plat of the County Court Plat NE -SW, Section 16, T -16-N, R -30-W, containing 0.37 acres, more or less. CI • EXHIBIT "E" Mill District Neighborhood RZN 02-30 (1-1 to R-2): Legal Description: Part of the NE/4 of the SW/4 of Section 16, T -16-N, R -30-W, and being more particularly described as follows, to wit: Beginning at a point N 02°54'04" E 981.18' from the SE Corner of said NE/SW, thence N 02°54'04" E 159.50', thence N 86°44' 14" W 184.74' to the East R/W line of the Arkansas -Missouri Railroad, thence S 01°29'54" W 42.81', thence S 00°5326" W 116.81', thence S 86°44' 14" E 179.59' to the POB, containing 0.67 Acres, more or less. EXHIBIT "F" Mill District Neighborhood RZN 02-31 (I-1 to R -O): Leval Description: Part of the SE/4 of the SW/4 and part of the SW/4 of the SE/4 of Section 16, T -16-N, R- 30 -W, and being more particularly described as follows, to wit: Beginning at a point S 02°12'42" W 258.66' from the NE Corner of said SE/SW, thence N 87°10'16"W 126.69', thence S 03°45'14" W 204.00', thence S 89°07'36" E 278.24', thence N 02°12'42" E 139.65', thence N 87°10'16" W 146.00', thence N 02°12'42" E 54.84' to the POB, containing 1.08 acres, more or less. 0 EXHIBIT "G" Mill District Neighborhood RZN 02-32 (R-1 to R -O): Legal Description: Part of the SE/4 of the SW/4 of Section 16, T -16-N, R -30-W, and being more particularly described as follows, to wit: Beginning at a point S 02°12'42" W 171.00' from the NE Corner of said SE/SW, thence N 87°12'23" W 124.33', thence S 03°45'14" W 87.59', thence S 87°10'16" E 126.69', thence N 02°12'42" E 87.66' to the POB, containing 0.25 acres, more or less. Neighborhood Rezoning Study Mill District Neighborhood Background • Effort to implement General Plan 2020 policy: "Identify and rezone inappropriately zoned industrial areas to more appropriate uses." • Mill District neighborhood selected due to residential land uses, but industrial zoning. • Began in March, 2002 • Five neighborhood meetings, land use survey, and mailed out survey • Proposing seven areas for rezoning RZN 02-18.00 From I -I to R -O • South of Center between University and Gregg: 2! Uni,mim, 42 Univmii ; 50 Univmiry',102 Uni%min', 227 Grey{ and 303 Gregg • Does not include 32 University, 38 University, 110 University, and 37 Gregg • Used primarily as residential • R-2 to the east and west, C -I and R-3 to the north, R -I to the south • Neighborhood supports this request • RZN 02-18.00 From I-1 to R -O r _ 1 (! f'WitlAM,Yf yY, i ' CI >! Ir Igi wp j NJ414 f . 1 I tl $f� EMi v L v: l _ •��i RZN 02-19.00 From 1-1 to R -O • Between Center and South, between Gregg and West: 304 GILgg, 301 wnt and 303 weal • Area is mostly vacant with single family uses • R -O to the east and R -I and R-2 to the west • Area to the north is proposed for C-3 • Neighborhood supports this request RZN 02-19.00 From 1-1 to R -O « _ axrtx v W IZLI � •. / I '�iJ t 21 I y ¢ I �r W � 1• 9�OxfYi' wl wl. l `Hoorn er I 2 9 RZN 02-20.00 From 1-1 to C-3 • Southeast comer of Center and Gregg: 545 Cmtn • Currently an auto body shop • Surrounded by R -O and R-3 zoning • Area to the south proposed for R -O • Neighborhood supports this request RZN 02-20.00 From 1-1 to C-3 RYryN Sr y gip_ p � �tivY ' tl+ n w 1t n l: RZN 02-29.00 From 1-1 to R-1 • South of Center on east side of University: 32 University and 33 University • One single family structure on each lot • C -I to the north, I -I to the east and south, R-3 to the west • Surrounding area proposed to be rezoned to R -O • Neighborhood supports this request 3 RZN 02-29.00 From 1-1 to R-1 ncr �r < C u H�Y1�{pyjil u y 00' IOYT RZN 02-30.00 From 1-1 to R-2 • South of Center on west side of Gregg: 37 • Existing single family house . Applicant may consider duplexes • R-2 to the north and R-3 to the south • Neighborhood supports this request RZN 02-30.00 From 1-1 to R-2 yr %eur.v_w I j♦.1≥ __________________________________________________ M .rin {jfl u A 16I) rr T � by 4 RZN 02-31.00 From 1-1 to R -O • Northeast comer of Prairie and Gregg: 316 Gregg, 329 Gregg 510 Prairie, 512 Prairie • Currently used as single family • Properties to the south and west are zoned and used as industrial • Property to the north proposed for R -O • Owners of adjacent industrial uses are concerned . about the setbacks required when adjacent to R -O • Neighborhood is not in consensus on this request RZN 02-31.00 From 1-1 to R -O � . L.' p l It 1 II I �.. 11 .Arll IT [�IO � RZN 02-32.00 From R-1 to R -O • North of Prairie on east side of Gregg: 209 Gregg • Currently used as single family • Properties to the north, south and east are used as single family residential, but zoned industrial • Property to the south proposed for R -O • Neighborhood has not indicated a consensus on this request 11 Ll 0 RZN 02-32.00 From R-1 to R -O _ I�MTSR\qyc fir' ..... .�.t LI � n � i• + I _ .noel- 1 ry II kgkl I: Mill District Neighborhood Zoning Study - Revised Proposal 11/12/02 rr X110ENTER Parcels MW District Neighborhood Boundary Addresses Building Footpad oI Area Proposed for Dowmmne Sties Zoomg R-1 Lnw Denny Residential R-2 Medium Density Residential R-3 High Density Resdsntal R-0 Residential Office R -S Residential Small lot GI Neighborhood Commercial G2 Thoroughfare Com ercal C-3 Central Commercial 1-1 Heavy Commerdal I Light Industral P-1 Ire tuborol ]23 R-3 720 R-3 M R-2 g7 [102 - r;20 \1 5 41 R -O ,15 0., g21 Proposed to Rezone to C3 (RZN 02-20) Proposed to Rezone to R2 (RZN 02-30) Proposed to Rezone to RI (RZN 02-29) Proposed to Rezone to R -O (RZN 02-19) Proposed to Rezone to R -O (RZN 02-18) Proposed to Rezone to R -O (RZN 02-32) Proposed to Rezone to R -O (RZN 02-31) I 0 RZN02an 8.00 MILL DISTRICT Future ......-.....r. v..r. J ................................. r.............rr... O RMpN . • ' Plfi}]AN pT NST III till r• v __ : 7 :: IHI .11 MI! hIP Mixed Use.. .. .: ............................an : ifiau ..................... , 11111111-a _.:......... ..._ _.. .......:... ._ .............. ...... .................... .. .en ..... .......................... W . .. . ................... Residential ..... ................... > :::: w SUBJECT PROPERTY :::: .... ..................... ....................................... _ W • . * _ w • w • • . • • . w . . : � < • • • • . • • • �. :. 1...... .. .. .. ..: : .. ..:... .. 1. ........... ...::L. .. ... ... ...i . f9. - - .. :: . 'a. ..............W............ -------------- .---------.-----------------1 .. . . . • . .. . . • . I'rffRsr U Mixed Use. _ j _ �:. a . _ . . . • . . _ .. _ .. . . a . • . . . . . • . . . • • . . . . • . • • . • • • . . . . • . . .. . . . . . . . . .. . • • • . . .. • . , . . . : : :: .. : .. : .. .. 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Residential _ _ _ _ _ _ _ _ _ _ _ _ j Mixed Use • - - - - - - - - - - • lattice Y • - a _ • _ ..- - a - _ . • a • Historic Commercial �:: \_`I - : • : - - - • N\\ICornmunityCornmerciai - - j' :' : Neighborhood Commercial y a _ -1 - . Y _ . - - . - - . - - - Regional Commercial • - - - - - - - - . - - . _ . .. a :. . . . . _ - . - � Industrial . . _ - . , - . . . . . .. . X X� Y RZN02-29.00 - V Existing '-'_.i Planning Area '- a Planned cV V V o = Overlay District coo ocd e _ _ r , L _ I City Limits e>, y 0 75 150 300 450 60Qeet IlKil: • RZ MILL DISTRICT Close UpUp View I MEADOW Si MEADOW .R.3 � IIIIj I�'II 5 fi R -O ST ❑ it R3 ��pj L_ MOUNTAIN Sf Li a x -o ____I.x U t U uP AIRMAN R ❑PUTMAN ST ♦♦♦ POLK ST U LLL���� a . S� a nn t �, ______ /UD Hir Overview Legend `_ Subject Property Boundary Master Street Plan -r RZN02-30.0O._# Planning Area ''S'> Freeway/Expressway Streets o00ccd Overlay District Principal Arterial L. .. Ln u d�:''•� �� Evistin L _ _I City Limits �?1 Minor Arterial 9 -'—" �— - •1^�• I° T -- Planned O Outside CityS - Collector •��.. Historic Collector 0 75 150 300 450 600 Feet RZN02-30.00 Future Landuse 4J 0 4444. ............_._... 4444, 4444.. 4444 4444.. 4444. ............. 4444.. .................. � n MILL DISTRICT 4444:: CENIER5T"-'-4444.. .. d:: SUBJECT PROPERTY • •••> •*•4.445::� 44..44 - : .Mixed Use : ::::::.;: Mixed Use :: : ::::::. :. . CENIEN 54 IS - " . Mixed Use' " r-°�T: : '• Parks' ..........Future . _ .. . Landuse - _ Mixd Use�--.� .c .? a Parks ti ' `' 0 4.r I. - r ,j+ Private Open Space .�p. Residential Use _ _ _ • _ _ _ _ _ /M�i6xed office • `�� ". \ j Historic Commercial 4 5 _j Community Commercial ,�� Neighbomood Commercial :::: I Regional Commercial : Industrial - : . . .. _ ..-I -I I University Subject Property Streets Boundary RZN02-30.00 'SN+ Existing '-N -r Planning Area ifs >'Vo Planned 5 Overlay District 00000- r__ L _ 1 City Limits 0 75 150 300 450 600eet I 01NO2-31.00 Future Landuse MILL DISTRICT - . .............. ..:: . ...... .. .. .. .. .. RFFIE K.III Z :a . . i . . Mixed Use '. _ .. _ ..i . . - - . . . • J::--------- i s „ :: , Mixed Use . , s jJ . • . . • , om_._ .: '„ rn sr r� • _ Mixed Use _ .. i... • __ .. Overview ! �ffrrr t•' r��,r Legend Mixed Use . . . . • .. . . . . . - • -• - - ... : • - - ......E: 'Mixed Use: :: : : • _ ......... • • 1:: .... :::: - - * I-_• IO • • • • • . .. .. .. ........ ..... ..._ ........ -_ •_ I:: W -_ -_ - -_ -_ - Future Landuse _' _ _- _ .. 1:... .. .:'� Parks .L{Ia . .. . .. . • . • - •i::'u:: • : `R .J Private Open SPace . .. . . .:.. - .::.Mixed Use :• : ...—� Residenlial • • -I:::: 4:: _ .. Mixed Use • - .. . . . .. .. .. .. . . .. Office ;.'''J Historic Commercial .i .. .. fly CommunityCommercial _ i ``≥ Neighborhood Commercial _ _ •Ojj7i Regional Commercial :.. :; Td 6sz;; . .. .�X! Indus I I University _ _ - •Mixed Use • - • - - Subject Property Streets Boundary RZN02-31.00 'N.j Existing ice., , Planning Area .Ili. J000C� Planned Overlay District n_aaog _I City Limits 0 75 150 300 450 60Reet Ills 1H RZN02-32.00 Close Up View R-3 C-2 IQ �_yntsr, Overview r MILL DISTRICT R.2 f -V /0 R -t El r'a11!III' o �Oj❑o a 0 ED I va ❑ Legend Subject Property Boundary Master Street Plan RZN02-32.00 '\r Planning Area ti Freeway/Expressway acoot. : Overlay District F� 'he Principal Arterial Streets ..0C0o= -'\. Minor Arterial i Easdng L _ _1 City Limits Planned outside city Collecor •••.• Historic Collector 75 150 300 450 600 Feet R -e '+ 1- i I SUBJECT PROPERTY L E2 C-2 1 RZN02-32.00 MILL DISTRICT Future Landuse ::::..... ::::: -------------- ' :......... :.... ..---._. ............:.........................:.......... ............. - ..- .. <:--- ::. its i • . _ • . . . _ _ .. .. .. _ _ - _ _ _ ' . . - - Mixed Use : -----------------... .s .----- .. .. . . 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'PPAIRIE 5F •PP v —S �i::::: - ° arks .. .Mixed Use. ., _ . . . . .�-! .. . . . . • - • • • - - • • • • a, • - - - - - ::� . - , a... . _ _ . . _ _ F-`• Private Open SPace • . .. _ - - - - - - : : :: .. _ _ - >: 1 _ _ _ _ - _ _ _ L" Residential _ _ . . . . _ _ _ _ _ .. _ _ _ < .1 .. .. _ _ _ _ _ .. _ .. _ _ _ _ .. _ _f. .. .. .. .. - ii'e . . - . . . - • 0 Mixed Use z: _ _ . _ _ _ _ _ _ . _ _ ,:: - •\ ._.aaaa--. ._I_ - . ...................,.a. ... o _ _ _ _ _ f - _ _ _ _ _ - Historic Commercial • - - - - • / ... . . . . • - - _ �;:: ::� Mixed Use- - - _ _ : Mixed I�7\j Community Commerdal 1#/> : : : 4 -.:__}. : - : - _ i ::: _�� Neighborhoodcommercial PRtVRTE OR r Regional Commercial • _ �: _ !z ; .: : _ _ _ _ 0Industrial ..I Mrxed Use _ _ _ _ _ _ _ _ : i : University Overview Legend Subject Property Streets Boundary RZN02-32.00 '\., Existing' ' ',� Planning Area ooccc r- L' — i Planned Overlay District n-11 00000E J C � o `s_ "'_ _ City Limits 0 75 150 300 450 60QQeet Planning Commission November 12, 2002 Page 12 RZN 02-18.00: Rezoning (Mill District Neighborhood, pp 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located south of Center Street, between University Avenue and Gregg Avenue to include 28 University Ave., 42 University Ave., 50 University Ave., and 102 University Ave. and 227 and 303 Gregg Ave. Approximately .19 acres is zoned C-1, Neighborhood Commercial and approximately 3 acres is zoned I-1, Heavy Commercial and Light Industrial, totaling 3.19 acres. The request is to rezone to R -O, Residential Office. Aviles: The final item on our agenda is seven rezonings. These are for the Mill District Neighborhood and this was I think a joint neighborhood and city effort. Shelli Rushing has put in considerable work on this matter and will be giving us a short presentation on the seven .rezonings. We will be hearing those items individually and voting individually on those not as a group and will be taking public comment for each so bear with us. We will go ahead and get started with our presentation. Shelli, are you ready? Rushing: Yes Ma'am. I first want to give you a little bit of background regarding this study. This was done as an effort to implement General Plan 2020. We have a policy in that plan that states "Identify and rezone inappropriately zoned Industrial areas to more appropriate uses." The Mill District neighborhood was selected due to some inconsistencies between the zoning ordinance and the existing land uses. We began this project in March, 2002. At that time we held a number of neighborhood meetings. We met with the residents to determine whether or not they wanted to move forward with this project. They also assisted us with conducting an existing land use survey. We also mailed a survey of some of the proposals that we had to get some feedback on that. At this time we are proposing seven areas for rezoning. What I would like to do is as we come to each one I will give you a little bit of background information on that just so that we can look at them individually. Aviles: The first rezoning is 02-18.00, it was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood for property located south of Center Street between University Avenue and Gregg to include 28 University Avenue, 42 University Avenue, 50 University Avenue, and 102 University Avenue and 227 and 303 Gregg. Approximately 0.19 acres is zoned C-1, Neighborhood Commercial and approximately three acres is zoned I-1, Heavy Commercial and Light Industrial totaling 3.19 acres. The request is to rezone to R -O, Residential Office. Rushing: Ok, this area again is south of Center between the University and Gregg. You mentioned the properties that it does include, I do want to point out the properties that it does not include. It doesn't include 32 and 38 University, 110 University and 37 Gregg. Part of that reasoning was either they were already zoned to what they should be or what they were being used as or the property owners were not interested in being rezoned. The area that is proposed for rezoning is used primarily as residential. The surrounding zoning is R-2 to the Planning Commission November 12, 2002 Page 13 east and west, C-1 and R-3 to the north and R-1 to the south. The neighborhood has expressed support of this particular request. Aviles: Thank you very much Shelli. Is there any member of the public that would wish to address on this particular rezoning? Seeing none, I will go ahead and bring this to the Commission for motions or discussion. Estes: This rezoning request has been researched extensively by staff and I thank Ms. Rushing for her work in addition to the other items. It is supported by the neighborhood and it is for those reasons that I would recommend and move that we approve RZN 02-18.00 and forward it to the City Council for their consideration. Aviles: Thank you Commissioner Estes. I have a motion, do I hear a second? Bunch: Second. Aviles: There is a second by Commissioner Bunch. Is there additional discussion? Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve RZN 02-18.00 was approved by a vote of 8-0-0. Aviles: Thank you. The motion carries unanimously. Planning Commission • November 12, 2002 Page 14 RZN 02-19.00: Rezoning (Mill District Neighborhood, pp 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located between Center Street and Prairie Street, between Gregg Avenue and West Avenue to include 304 Gregg and part of 308 Gregg and 301 and 303 West Ave. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately 5.61 acres. The request is to rezone to R -O, Residential Office. Aviles: Our second rezoning is RZN 02-19.00 submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood for property located between Center Street and Prairie Street, between Gregg Avenue and West Avenue to include 304 Gregg and part of 308 Gregg and 301 and 303 West Ave. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately 5.61 acres. The request is to rezone to R -O, Residential Office. Shelli? Rushing: This area is mostly vacant. There are a few single-family uses within this area. The surrounding- zoning is R -O to the east, Low Density Residential and Medium Density to the west. The area to the north is being proposed for C-3, it is currently zoned I-1. The neighborhood is in support of this request. I do want to point out that we did receive a letter today in regard to 308 Gregg and the property owner has just recently purchased this property and what we are doing is proposing half of the property to be rezoned to R -O and the rest of the property is proposed for R -I and the request was to go ahead and include the rest of 308. I believe at this time you would be able to include that property if you wanted to. We did not notify on that particular property but, and Kit may be able to let us know if there is any difference, but I think you would be able to include that property since there has been plenty of notification in that neighborhood. Aviles: Could you give us your opinion on that Mr. Williams? Williams: I don't think there would be any problem with the owner requesting this. I think you can certainly recommend to the City Council what the owner has requested. Aviles: Ok, thank you very much. Shelli, do you have anything else on this particular item? Rushing: That is all that I have. PUBLIC COMMENT: Aviles: Thank you. I will take public comment now. Madison: I am Sue Madison and my husband Bernie Madison is with me. We purchased this property a little less than a month ago. Prior to purchasing it I did visit the Planning Office because I was aware of the changes being proposed and I was told that the possibilities were R -O and R-2. I asked to be notified of all Planning Commission • • November 12, 2002 Page 15 meetings but the first notification I got was when the previous owner who lives out of county sent me the notice of this meeting and I promptly visited the Planning Office again last Thursday. We own lots 3 and 4. When I first visited the Planning Office I came to understand that both of these lots have a width of 50' and the minimum for both R -O and R-2 is 60' so I was glad we were buying two lots. Then I discovered that it sort of looks like spot zoning almost. Lot 3 that has a rental dwelling on it is proposed to remain R-1 and lot 4 is proposed to rezone to R -O and I would just like to respectfully request that you consider rezoning them both so they will be the same since in all probability they will have to be combined for any possible uses. Estes: Senator Madison, I have a question. You purchased 308 Gregg, is that correct? Madison: Yes. Estes: What is the adjoining lot, is it 306 or 310? Madison: It doesn't have a house number, it is vacant. It is lots 3 and 4. I think the city owns 5 and 6 on the corner. Aviles: Shelli, was this just an attempt to match what was in place? Rushing: There are two lots here. Lot 3 was already zoned residential. The goal of this project was to get things zoned to what they were being used as. This other lot was still I-1 so"that is why it was included in the proposal. Staff has no concerns with rezoning the rest of 308. Aviles: Thank you very much. Do you all have any further questions or comments at this time? Madison: Not unless you do. Aviles: Thank you. Is there any other member of the audience that would wish to address us on this particular rezoning? Seeing no one, I will go ahead and bring it to the Commission for further discussion and motions. Hoover: I have a comment. I think that the R -O zoning in this area is totally appropriate but unfortunately our setbacks in R -O aren't really conducive to small lots so I am hoping maybe staff can take a look at that and how we can form those setbacks so that they better fit our downtown area. Conklin: That is something that we have talked with DDEP about the past few years. It is one of those work program items that we just have to get to. The first priority was to identify these industrially zoned areas that are being used as residential and get them rezoned or down zoned to a more residential use. That is something that we are looking at in our downtown area to reflect our historic subdivisions and lot sizes. Thank you. Planning Commission • • November 12, 2002 Page 16 Aviles: Commissioner Hoover, that is a good point. Tim, I would like to add something to that. Would our proposed PZD Ordinance take care of some of these issues as it goes forward? Conklin: The PZD ordinance would take care of a lot of these issues because we will be drafting individual ordinances for those rezonings establishing minimum lot area and lot width. However, in large areas I do think that we need to take an overall took and try to determine what is the appropriate minimum lot area and lot width sizes. It would take a whole ordinance to rezone a large area. A brand new ordinance to rezone a larger area. It is something that we are aware of. Once again, working with DDEP and the property owners in these areas. It is something that has been brought to our attention and the Commission is aware of it also. Aviles: Thank you very much Tim. Commissioners, is there any other discussion or motions? MOTION: Estes: For the reasons stated in my previous motion I would move that we recommend approval of RZN 02-19.00 to the City Council for their consideration and that lots 3 and 4 of the Gollaher Addition be included in that rezoning to R -O, Residential Office. Aviles: Thank you Commissioner Estes. I have a motion for an R -O zoning in its totality, do I have a second? Ostner: Second. Aviles: I have a second by Commissioner Ostner. Renee, would you call the roll please? Roll Call: Upon completion of roll call the motion to recommend approval of RZN 02- 19.00 to the City Council was approved by a vote of 8-0-0. Aviles: Thank you. The motion carries unanimously with a vote of eight. Thank you very much. Planning Commission • • November 12, 2002 Page 17 RZN 02-20.00: Rezoning (Mill District Neighborhood, pp 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 545 Center Street. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately .49 acres. The request is to rezone to C-3, Central Commercial. Aviles: Next on our agenda is RZN 02-20.00. It was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 545 Center Street. The property is zoned 1-1, Heavy Commercial and Light Industrial and contains approximately .49 acres. The request is to rezone to C-3, Central Commercial. Shelli? Rushing: This property is located on the southeast corner of Center and Gregg. Right now it is an auto body shop. The property is surrounded by R -O and R-3 zoning. The area to the south was proposed and was just recommended for approval at City Council for the R -O zoning. The neighborhood is in support of this request. I do want to point out that we have had a call from the property owner that is concerned about the existing auto body shop being able to continue under the C-3 zoning. We have informed him that yes they would be able to continue as they are. If they propose any expansions, at that time they would need to come forward for a conditional use. Aviles: Ok, thank you Shelli. Is there any member of the audience that would like to comment on this? Bordeaux: My name is Tom Bordeaux. I am the owner of that lot, along with my partner. I just wanted to say that we felt that C-3 would be a good compromise zoning with the type of building that we have there which is a garage probably built in about 1917. The size of the lot is small and it is soon to be smaller because we are giving a sliver of land to the city for the bike path continuation along the western side of that property. The building's position on Center Street, which is a fairly busy street across from the bike path there, we just felt that because of the type of building we have there, the potential future use of the building, the present use of the building, and the location of the building on the lot, C-3 is really the best compromise zoning that we could come up with. I-1 is obviously not appropriate for that neighborhood. I just wanted to make those points. Aviles: Thank you very much. Is there any other member of the audience that would like to address us on this rezoning? Ok, seeing none, I will go ahead and ask Commissioners for motions or discussions. Planning Commission • • November 12, 2002 Page 18 MOTION: Estes: For the reasons previously stated I would move for approval of RZN 02-20.00 that it be forwarded to the City Council for their consideration. Aviles: Thank you. I have a motion by Commissioner Estes, do I have a second? Church: I will second it. Aviles: There is a second by Commissioner Church. I have a question for Shelli. On the C-3, what was the reason not to go with R -O on this particular one? I know we have an existing commercial building could you enlighten us a little bit on that? Rushing: My understanding is that because of the existing commercial use that the property owner wanted to go to a Commercial zoning district as opposed to a Residential. That is my understanding when we originally talked to the property owner about this rezoning. Aviles: Thank you. That would be consistent with the other uses in the area with regard to the commercial uses? Rushing: Yes Ma'am. Aviles: Ok, I just wanted to make that clear. Thank you very much. Bunch: If this is rezoned at this point at time to C-3 that would be a non -conforming use for the auto body shop, would it be appropriate to do a Conditional Use at this time or should we wait until later to include Use Unit 17, which is Buildings and Trades, which would accommodate what is currently the use of the property? Conklin: I would prefer to leave it as a non -conforming use and if they change what they are doing out there to expand the business to look at it on a case by case basis, since we don't know exactly if the building is going to be sold and if the use is going to remain. I think it would be premature to approve a Conditional Use for that at this time. Aviles: Thank you Tim. Is there any further discussion on this item? Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve RZN 02-20.00 was approved by a vote of 8-0-0. Aviles: Thanks Renee. The motion carries unanimously. Planning Commission November 12, 2002 Page 19 RZN 02-29.00: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 32 and 38 University Ave. The property is zoned I -I, Heavy Commercial and Light Industrial and contains approximately .37 acres. The request is to rezone to R-1, Low Density Residential. Aviles: RZN 02-29.00 was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 32 and 38 University Ave. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately .37 acres. The request is to rezone to R-1, Low Density Residential. Shelli? Rushing: This property is located south of Center Street. It is on the east side of University. There are two lots here. There is a single-family structure on each individual lot. There is C-1 to the north, I-1 to the east and south, and R-3 to the west. The surrounding area was proposed to be rezoned to R -O, which was just recommended for approval to City Council. The neighborhood is in support of this request and I do just want to point out that these individual property owners wanted to ensure that their property remained single-family, which is why they are requesting the R-1 zoning as opposed to the Residential Office. Aviles: Thank you Shelli. Is there any member of the public that would like to discuss this tonight? Seeing none, I will go ahead and bring discussion back to the Commission for motions and further discussion. MOTION: Estes: For the reasons previously stated, I would move approval of RZN 02-29.00 that it be forwarded to the City Council for their consideration. Aviles: Thank you Commissioner Estes. Do I have a second? Bunch: Second. Aviles: Thank you Commissioner Bunch for the second. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 02- 29.00 to the City Council was approved by a vote of 8-0-0. Aviles: Thank you Renee. The motion carries unanimously. Planning Commission C r� November 12, 2002 Page 20 RZN 02-30.00: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 37 Gregg Ave. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately .67 acres. The request is to rezone to R-2, Medium Density Residential. Aviles: Next is RZN 02-30.00, which was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 37 Gregg Ave. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately .67 acres. The request is to rezone to R-2, Medium Density Residential. Shelli? Rushing: This property is located south of Center Street. It is on the west side of Gregg. Right now there is an existing single-family structure. The applicant, the property owner is potentially considering building duplexes at that location. Right now that property is surrounded by R-2 to the north and R-3 to the south. The neighborhood odes support this request as does staff. Aviles: Thank you very much Shelli. Is there any member of the audience that would like to address us on this matter? Seeing none, I will go ahead and bring discussion or motions back to the Planning Commission. .MOTION: Estes: For the reasons I previously stated, I would move for approval of RZN 02-30.00 that it be forwarded to the City Council for their consideration. Aviles: Thank you Commissioner Estes. Do I hear a second? Ostner: Second. Aviles: Thank you very much. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 02- 30.00 to the City Council was approved by a vote of 8-0-0. Aviles: Thanks Renee. The motion carries unanimously. Planning Commission • • November 12, 2002 Page 22 redevelopment and when I asked an earlier question about the proposed PZD ordinance, again, I would like to ask if that is an ordinance that might be employed in a situation like this to ameliorate the negative setbacks if the property is redeveloped and comes forward for Industrial uses. Would that be taken into account by staff assuming that we had a totally new set of faces, a different Planning Commission, different staff. If we have this other ordinance would that help these property owners with the setback? Conklin: With the PZD ordinance that is on the City Council agenda, the purpose of that ordinance was to look at each project on a case by case basis and determine how best to plan that development along with the rezoning. Yes, it could be utilized across the street and the Planning Commission and the City Council could look at that to how to make that development work adjacent to a residential neighborhood. I think there is always opportunity and that is the purpose, one of the reasons why we are taking this PZD ordinance forward is because over the last couple of years we have seen developers come in and make promises through the use of a Bill of Assurance of how to mitigate a project so it is acceptable to a neighborhood. The PZD ordinance will create a law that will be enforceable by the city and allow city staff and the Planning Commission to work with the developer to determine how best to mitigate a project to make it the best project to fit in with the neighborhood and for the City of Fayetteville. The PZD ordinance keeps on coming up as an ordinance that can really help us. I think it really can help us because the past two years We have seen over and over again the use of a Bill of Assurance to help mitigate projects to make them acceptable in this community and I think there is a positive that is going to come out from that ordinance. Thanks. Aviles: Thank you very much Tim. Commissioners, are there any other questions? Bunch: We keep saying across the street, are we talking about across Gregg or across Prairie? Rushing: Across both. Bunch: One of these lots on Prairie looks like it might be a 50' lot and a 50' setback would kind of take in the whole lot. Conklin: In the downtown area we work with all development from the Three Sisters project to the Bakery Building project to Mr. Canfield's project on West Street. It is a unique area, our downtown area, it is not a Greenfield development. You are always going to have to work with the property owners and how the parcels are configured to make it work. I guess what I am trying to say is that there are always going to be cases. I think even if we go back and redraft an ordinance specifically for downtown we are not going to be able to catch every unique situation. These areas are part of the original town plat platted back in 1871 and it is unique down here and I think it is going to take probably some variances and some different approvals. It brought back a memory during one of our Planning Commission • • November 12, 2002 Page 23 working sessions with the neighborhood, we did talk about redrafting the regulations to try to make it closely fit with the minimum lot area sizes and that area. A lot of the neighbors came back and said "We would like to see the red public hearing signs posted on the property and the opportunity to have a public hearing when we have additional development and infill in these areas." They didn't want staff to go down that road and redraft regulations to try to catch some of those minimum lot area and frontage size things. That is kind of interesting that the neighborhood itself preferred different types of public hearings through the Board of Adjustment and Planning Commission. Aviles: Thank you Tim. Commissioners, are there any further questions or motions? MOTION: Aviles: I will go ahead and make a motion for approval of RZN 02-31.00, the request is to rezone to R -O. My motion is to recommend R -O to City Council is there a second? Hoover: Second. Aviles: I have a motion and a second by Commissioner Hoover. Is there any further discussion? Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 02- 31.00 to the City Council was approved by a vote of 7-1-0 with Commissioner Estes voting no. Aviles: Thank you Renee. The motion carries on a vote of seven yes and one no. Planning Commission • • November 12, 2002 Page 24 RZN 02-32.00: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 208 Gregg. The property is zoned R -I Low Density Residential and contains approximately .25 acres. The request is to rezone to R -O Residential Office. Aviles: Our final rezoning this evening is RZN 02-32.00, it was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 208 Gregg. The property is zoned R-1 Low Density Residential and contains approximately .25 acres. The request is to rezone to R -O Residential Office. Shelli? Rushing: This property is located just north of the rezoning that we just had. Right now it is zoned R-1, Low Density and the property owner has requested to rezone it to R -O, Residential Office for consistency with the property to the south that was also proposed for R -O. It is currently used as single-family. The properties to the north, south, and east are used as single-family residential but are currently zoned Industrial. As I mentioned the property to south was proposed for the residential office. At this point the neighborhood had not indicated a yes or no in regard to this request. However, staff is in support of this request. Aviles: Thank you Shelli. Is there anyone in the audience that would like to address us on this particular rezoning? Seeing no one, I will go ahead and bring discussion or motions to the Planning Commission. Ward: I would like to commend the staff for all this hard work on doing this rezoning. I personally, if I would've owned that land in there, I probably would not have agreed to have it rezoned from I-1 to R -O or R-1 or whatnot. I think it takes away a lot of the value at times. Although, at this point anyone can see that some of the single-family homes in there should be zoned R-1. I am not sure that I personally would've been willing to sacrifice an I-1 zoning for an R -O or R-1. I think as a matter of record, I think that there is kind of a consensus among most of us that any future development down here, I think that future Planning Commissions or Aldermen and City Council should look at this as people are giving up quite a bit to do this that variances will be given without a lot of fight if good projects come up that need to be put in there. It is hard to say how this area is really going to develop in the next 25 years. We do have a lot of problems with very small lots and so on and R -O really doesn't fit a lot of this area I don't think. I don't see that there is much difference between changing it to R -O really. That is just my take on it. I have been voting for all of it but it is not like it is an easy vote. Aviles: Thanks Commissioner Ward. Commissioners, is there any further discussion or motions? Estes: This is a proposal to rezone from R-1 to R -O and it is the property owner that has requested this rezoning and of course staff is in support of this request. Is one reason it is before us this evening and it is for those reasons that I would Planning Commission • November 12, 2002 Page 25 move that we approve RZN 02-32.00 and forward it to the City Council for their consideration. Aviles: I have a motion, do I have a second? Hoover: I will second. Aviles: I have a second by Commissioner Hoover. Is there additional discussion? Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to recommend approval of RZN 02- 32.00 to the City Council was approved by a vote of 8-0-0. Aviles: That concludes the regular agenda for this evening. Meeting adjourned: 6:30 p.m. 6' - JAN 0 CITY OF FYEntVIUJ AFFIDAVIT OF PUBLICATION° OFFICE I, ______ , do solemnly swear that I am Legal Clerk of the Arkansas Democrat -Gazette newspaper, printed and published in Lowell, Arkansas, atld that from my own personal knowledge and reference to the files of said publication, the advertisement of: a Ch i ____________________was inserted ** Publication Charge: $ 4 Subscribed and sworn to before me this a in the regular editions on day of JflJ1LULfLa, 2882-x,3 Notary Publi&J Official seal —' TAMMY ALLEN Notary Public -Arkansas My Commission Expires:s WASHINGTON COUNTY missrarrEkpires 11-052011 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED IJAN 0 6 2003 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYEfTEVILLE, ARKANSAS 72702 • (501) 442-1700 AN ORIXf4S/WCE REZONING THAT PROPERTY DESCRIBED IN REZONIM, PETfRON5 RZN 02-18.00. RZN 02.19.00. RZN 02- 20.00, RZN 02-29.00, RZN 02-39.00, RZN 02-31,00, AND RZN 02-32.00 FOR PARCELS LF TED IN THE MILL DISTRICT NEIGHBORHOOD AS DESCRIBED IN EXHIBITS A THROUGH City (LAS CUBMITTED Bi' THE CITY OF FAYEFTEVILLE PLANNING City of Fayetteville DMSION ON BEHALF OF THE MILL DISTRICT NEIGHBORHOOD ASSOCIATION BE R ORDAINED BY THE CRV COUNCIL OF THE CITY. OF FAYETTEVILLE, ARKANSAS: Soctlon 1: That the zone dastification of the bug described Property Is hereby charged as fdlows RZN 02-18.00: From I-1, Heavy Commercial, Light InGatrlal to R -O. Residentlel Office' R7N m.1n (Yl N W'20.00: From I-1, Heavy Connie From I-1, Healy Cmvnaroa6 Light Inc eaW Carvnerdal, Light InNrsiral to R ornmental, Light Industrial to R -O, Re to R -O, Readental Office as shown in APPROVED: By: DAN GOODY, Maya ATTEST By. Heather WOOWUB, 01y perk EXMBR'A' Mill District Neighborhood RZN 02.18 g-1 to fl -C): 9Sidenti8l: RZN 02-31.00 from I- 02-32.00 from R-1, Low Deneiy atlad-ed hereto and made a p8r1 A pert of the NE/4-8W14 of Section 16, T -16-N, fl -30 -Ward being more partloiay described a4 IoOmva, to wit: Beginning ate print N 02°54'04 E 140.78' end N 87105'58' W 139.17' from the SE Coney of said NE/4-SW/4, said point being the SE Caner of Lot 10 of the Hal a GOOeher Addition, thence the fdov,i g bearings and o-etarc95: N 03977'32' E 150.00' N 87%1'05' W 89,97' to the East FVW be of the Askensas & Missed RR N 12°59'0& E 105.97' N 01°5344' E 470.01' S 88"30'06' E 43.00' N 00°46'0& E 116.17' N 00'5326' E 116.81' N 87°19'58' W 100,0210 the West R/W End of the Ark & Mo RR i S 00°5907' W 75.48' N 86'45'03' W 101.73' to the East RAV Ife of Lhversty Avae9 S 02=32'04' W 83.77' 5 87°1958' E 104.27'to the West RW Ilse of the Ask 8 M e RR S 00'46'05' W 44.09' A one 02350 raOLs an to the fight 105.95' (plod S 02°0334' W 105.947 To the NE Comer of Lot 10 Re.lsed Plat of Cary Coot Plat NE -SW N 8718'5& W 106.51' S 02324' W 228.50' S 8719'5& E 92.10' S 09°59'06' W 88.15' S 11'54'21' W 71.41' S 1248'35' W 63.74' S 13979'46' W 20.91' N 87'19'56' W 54.11' to the East SW of Un*ersiy Avaea 502°32'04'W 289.92' N 22%2'52' E 115.14' S 87°010& E 199.31' to the POB, contak tg 3.19 Acres, more m less. EXHIBIT'B' MIl District Neighborhood RZN 02.19 0-1 to R-0): I/4-SE/4, SW/45E14 and the Ni of Section 16, T -16-N, R -30-W, and deadhead as folbws, to wit: SW Comer of sold NW/4-SE/4, thence the following beatings and distances: S 8710'05' E 241.65' S 14'03'09'E 104.51' 5 87010'1& E 91.99' to ere West aw of West Averse N 0741'2& E 165.00' N810'1 W 168.01' tote East Go of old RR RW Nodheastery along a 550' radio avue to the right 131.59' (Chord bearing end distance = N 0104524' E 131.28') N 08°36'4& W 288.87' to a point of cave NORnvestery aag a 1550' redus cove 10 the left 469.07' (Chord beart g ad dstace = N Wt '31' W 467.291 N 08°43'42' W 39.63' to a pone of an Northwesterly aong a 2096.53' radLs cove to the left 56.10' (Chord bearing and dstance = N 08°43'42' W 56.10') N 8702216' W 102.00' N 0804342' W 218.27' 502°54'04W 944.88' N 87010'16' W 142.50' to the NW Coma of Lot 6 in the Hal & Golaher Addt�, S 03107'32' W 210.16' 587001'05E 109.33' 8 02°54'04' W 50.00' N 8701'05' W 109,52' S 02°97'32' W 50.86' EXHIBIT'Ca - A PART OF BLOCK 22 OF THE ORIGINAL FLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS, BEING 50' EITHER SIDE OF THE CE , t OF THE ABANDONED BURUNGTON-NORTHERN RAILROAD, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT. bt(INNING AT A POINT N87022.16W 184.82' (DEED DISTANCE) FROM THE SE BLOCK 22. THENCE N 08°43.42-W 218.27' ALONG THE ABANDONED RR RW T( OF BLOCK 22, THENCE N87°22'06 -w 102.00 TO THE WEST LINE OF SAID AB4 THENCE S 0&43'42-E 218.27' TO THE SOUTH UNE OF BLOCK 22. THENCE Si TO THE POINT OF BEGINNING, CONTAINING 0.50 ACRES, MORE OR LESS, (HIBR'D, MID Dlstdct Neighborhood RZN 02-29 (I-1 to R-1): of the Revised Plat Of the Cainty Cowl Plat NE -SW, Section 16. T -16-N, R -30-W totes, more a less. MID District Neighborhood RZN 02,30 (F1 to R-2): Pert of the NE/4 of the SW/4 of Section 16, T -16-N, R -30-W, and being more partlCu" desolbed es IQllows, to wit: Beginning at a point N 02'54'04' E 98118' 1mm the SE Comer of Said NE#SW. thence N 02°54'04' E 159.50, thence N 86°44'14' W 184.74' to the East RWy the of the Nkansas-M4Lseapri Ratroed, thence 3 01°29'54' W 42.81', theta S 00'5326' W116.81', thence S 8&44'14' E 179.59' to the PUB, lamtafr* g 0.87 Aces, more or less. IIBR'F' District Neighborhood 02-31 to R-0): Of the SW/4 and part of the SW/4 of the SF/4 01 Secton 16, T -16-N, R -30-W, and being described as idfws, to wit: Beginning eta point S 02°1242' W 256.68' from the NE Comer of said SE/SW, thence N 87°10'16 W 128.69, thence S 0345'14' W 204.00', thence S 89°07'38' E 278.24', thence N 0712'42' E 138.85', thence N 87°10'18' W 146.00', thence N 021242' E 54.84' to one PUB, oonebtlrg 1.08 saes, moo ass. EXHIBIT'G' MW District Nelghbcrteod RZN 02-32 (R-1 to R -O): Legal Desalption: Part of the SE/4 of the SW/4 of Sector 18, T -16-N, fl -30-W arc besg more partoiiay cheated as flows. to wit: 8egftn ate pointS 02°12'42' W 171.00' from the NE Corner of said SE/SW, twice N 8712'23' W 124.33', thence S 03°45'14' W 87,59', thence S 87.1 D'1& E 128,69, thence N 02°12'42' E 87,68' to the POB, containing 0.25 acres, more a loss. S 8712'23' E 109.72' to the POB, containing 5.61 acres, more or 065 Planning Commission • • November 12, 2002 Page 21 RZN 02-31: Rezoning (Mill District Neighborhood, PP 522/523) was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 316 and 320 Gregg Ave and 510 and 512 Prairie St. The property is zoned 1-1, Heavy Commercial and Light Industrial and contains approximately 1.08 acres. The request is to rezone to R -O Residential Office. Aviles: RZN 02-31.00 was submitted by the City of Fayetteville Planning Division on behalf of the Mill District Neighborhood Association for property located at 316 and 320 Gregg Ave and 510 and 512 Prairie St. The property is zoned I-1, Heavy Commercial and Light Industrial and contains approximately 1.08 acres. The request is to rezone to R -O Residential Office. Shelli? Rushing: This property is located on the northeast corner of Prairie and Gregg. Right now the properties are used as single-family uses. The properties to the south and west are zoned and used as industrial. The property to the north was proposed for Residential Office. The owners of the adjacent industrial uses have expressed some concern about the Residential Office zoning designation due to the potential impact of their required setbacks. An Industrial District near a Residential District, those were expressed at some of the neighborhood meetings that we did have and we do not have consensus from the neighborhood in regard to this particular request. However, staff is in support. Aviles: Thank you very much Shelli. Is there anyone from the audience who would like to address us on this rezoning? I will go ahead and bring it back to the Commission for further discussion, questions or motions. I will go ahead and throw my two cents worth in. I weighed in at agenda session but could you elaborate Shelli a little more on the impact of the setbacks regarding the adjacent industrial zoned property if this is zoned to Residential Office? Rushing: Right now with the Industrially zoned properties that are to the south of this property their existing setbacks apply. In our I-1 zoning district we have an additional setback if they are located adjacent to any type of residential zoning district and I believe Tim is looking up the setbacks. Conklin: Sure. From the street right of way when adjoining a Residential District it is 50'. From a street right of way when it is adjoining an Industrial District it is 25'. Pretty much I think you are going to just have the front but the sides go from 50' adjacent to a Residential to 10' adjacent to Industrial. Once again, the purpose of this project is to look at how land is being used currently and trying to find a zoning district that more reflects how it is being used. We do have some residential uses in these areas across the street, which will still remain Industrial. The one comment that I would like to make is that you still may need the additional setbacks and buffers if we downzone it and reflect how the land currently is being used. Aviles: Thanks Tim. My question is do we have the right to by a rezoning negatively impact an adjacent property that is not currently slated for development or