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
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File Nu • Circuit
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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
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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
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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
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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
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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≥
__________________________________________________
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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
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11
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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
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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)
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oor Planning Area
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f' IY r1 RZN02-20.00 'N._. Edsang x-�-, Planning Area
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RZN02-29.00
Future Landuse
MILL DISTRICT
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Subject Property Boundary Master Street Plan
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RZN02-32.00
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RZN02-32.00 MILL DISTRICT
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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
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published in Lowell, Arkansas, atld that from my own personal knowledge
and
reference to the files of said publication, the advertisement of:
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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