HomeMy WebLinkAboutOrdinance 4450 ORDINANCE NO. 4450
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-39.00 FOR A PARCEL
CONTAINING APPROXIMATELY 0.70 ACRES LOCATED AT
210 N. EAST AVENUE, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY TIM DENOBLE ON BEHALF OF JOHN
ELDRIDGE, III
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section l : That the zone classification of the following described property is hereby
changed as follows:
From R-O, Residential Office to C-3, Central Commercial as shown
in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this the 17`h day of December, 2002.
� Fp,YEI /� ` APPROVED:
Ir
�,x By:
DAN COODY, Mayor
A ;
By:
ather Woodruff, City C/rA
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 004488370002 Tvoe . REL
Ftecord;d - 1233 : 31 PM
FeeAmt - W . 00 Peas I
Washinaton Countv . AR
Bette stamps Circuit clerk
Fi1e2003— 0021989
4450
EXHIBIT "A"
RZN 02-39,00
PART OF LOT 5 AND 6 OF BLOCK 2 OF THE ORIGINAL PLAT OF THE TOWN OF
FAYETTEVILLE AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKNASAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 2, THENCE N0046'4019E
146.00 FEET; THENCE N89° I5 '30" W 124.50 FEET, THENCE SO°46'40" W 49.00 FEET,
THENCE WEST 11 .00 FEET, THENCE N8804211899 W 78.43 FEET, THENCE S0031139"
W 97.62 FEET, THENCE S89015 '30"E 213.50 FEET TO THE P.O.B.
Washington County, AR
I certify this instrument was filed on
04/15/2003 01 :33:31 PM
and recorded in Real Estate
File Number 2003-00021989
Bette St - Circuit Clerk
by
NAME OF FILE: Ordinance No. 4450
CROSS REFERENCE:
Item # Date Document
1 12/17/02 Ord. 4450 w/Ex. A
2 12/02/02 Staff Review Form w/attachments:
draft ordinance
11 /21/02 memo to Planning Commission
copy § 161 . 12
copy § 161 . 15
Summary Trip Generation
copy of pictures
copy of plats
RZN 02-39.00 copy of close up view
RZN 02-39.00 copy of one mile view
RZN 02-39.00 copy of future land use
11/25/02 Planning Commission minutes
3 12/26/02 memo to Tim Conklin
4 01 /02/03 Affidavit of Publication
S So rclAli
NOTES:
STAFF REVIEW FORM
X Agenda Request
_ Contract Review '
Grant Review
For the Fayetteville City Council meeting of December 17 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division - Department
ACTION REQUESTED : To approve an ordinance for RZN 02 - 39 . 00 as
submitted by Tim DeNoble on behalf of John Eldridge , III for
property located at 210 N . East Avenue . The property is zoned R-O ,
Residential Office and contains approximately 0 . 70 acres . The
request is to rezone to C - 3 , Central Commercial .
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 :
Accoun ing ManTkg—er Date ADA Coordinator Date
City ttorney Da e Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on November 25 ,
2002 the Planning Commission voted 9 - 0 - 0 to recommend the
rezoning be approved by the City Council .
7C: ! � 27/0 - Cross Reference
Division Head Date
De a t enirector Da e New Item : Yes No
.� lOZ-
A i ' strati e Services a e Prev Ord/Res# :
Dir c r
l2 � �
M r Dat Orig Contract Date :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-39.00 FOR A PARCEL
CONTAINING APPROXIMATELY 0.70 ACRES LOCATED AT 210 N. EAST
AVENUE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY TIM
DENOBLE ON BEHALF OF JOHN ELDRIDGE, III.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described
property is hereby changed as follows:
From R-O, Residential Office to C-3, Central Commercial as shown in Exhibit
"A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoning change provided in
Section 1 above.
PASSED AND APPROVED this day of 12002,
APPROVED:
By. DRAFT
DAN COODY, Mayor
ATTEST: �♦�
DR r
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
RZN 02-39,00
PART OF LOT 5 AND 6 OF BLOCK 2 OF THE ORIGINAL PLAT OF THE TOWN OF
FAYETTEVILLE AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF
THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKNASAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 2, THENCE N0046'40"E
146.00 FEET; THENCE N89'15 '30" W 124.50 FEET, THENCE S0046'40" W 49.00 FEET,
THENCE WEST 11 .00 FEET, THENCE N88042' 18" W 78.43 FEET, THENCE S0031139"
W 97.62 FEET, THENCE S89015 '30"E 213 .50 FEET TO THE P.O.B.
100 r •
FAYETTEVILLE PC Meeting of Nov. 25 , 200
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: November 21 , 2002
RZN 02-39.00: Rezoning (Eldridge, pp 484) was submitted by Tim deNoble on behalf of John
Eldridge, III for property located at 210 N. East Avenue. The property is zoned R-O,-Residential
Office and contains approximately 0.70 acres. The request is to rezone to C-3, Central Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: November 25, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: December 17, 2002
Comments:
BACKGROUND:
Property Description: The subject property is a corner lot located in the downtown area, north of
Spring St. between Block Ave. and East Ave. The property is Lot 6 and part of Lot 5 of Block 2 of
the original town plat. There is an existing 6,984 sq. ft. office building located on the east portion of
H:I USERSICOMMONIPIdNNINGVtEPORMPCREPOR7S 2002WOVEMBEMI1-25VELDRIDGE_RZN02-39DOC
the site. A small building sits on the northwest comer of the site. The existing parking is provided in
a partially paved parking lot, with a portion that is gravel. The property is accessed from Block St.
Neighborhood Description: The surrounding area is a mixture of residential and commercial uses.
The zoning on the north, west and south sides are commercial and residential office on the east side.
Rezonings in the immediate area have included two in the past ten years that were rezoned from R-O
to C-3 located at 323 W. Spring and 509 W. Spring.
Proposal and Request: The applicant is proposing to convert an existing office building into seven
residential condominiums. The applicant is requesting to rezone the property from R-0 to C-3 .
Recommendation: Staff is recommending approval of the requested rezoning. It is appropriate for
this property to be rezoned in a similar fashion as the surrounding zoning, which is predominantly
commercially zoned. The rezoning is consistent with the Future Land Use Plan.
SURROUNDING LAND USE AND ZONING:
MEast
Land Use Zoning
Commercial — Offices C-2 Thoroughfare Commercial
C-3 Central Business Commercial
Commercial — Offices C-3 Central Business Commercial
Commercial — Offices R-O Residential Office
Commercial - Offices C-3 Central Business Commercial
INFRASTRUCTURE:
Streets: North: Dickson St. (Historic Collector)
South: Spring St.(Unclassified)
East: East Ave. (Historic Collector)
West: Block Ave. (Historic Collector)
Water: South side of Spring St. — 12" water pipe; East Ave. — 4" water pipe
Sewer: Spring St. - 811sewer pipe; East Ave. — 8" sewer pipe
LAND USE PLAN: General Plan 2020 designates this site as Historic Commercial. The C-3
zoning district is consistent with the General Plan and is compatible with surrounding land uses.
FINDINGS OF THE STAFF:
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning of C-3 Central Business Commercial is consistent with
the Future Lane Use Plan which designates this area as Historic Commercial.
H:IUSERSICOMMONIPLINNINGIREPOR731PCREPOR7S1002WOVEMBERIII-151ELDRIDGE RZN02-3ADOC
The rezoning implements specific policies set forth in the Future Land Use
Plan,
9.11.a Continue revitalization of the historic downtown commercial area, and
enhance it with evening businesses. Having residential uses in the downtown
area will help support businesses that cater to an evening crowd.
9.11.h Include high density residential use as a use by right in the Historic
Downtown Commercial District and allow mixing of uses within the same
building. The proposed residential development will provide a mix of uses in
the downtown and provide medium density residential uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Under the current zoning classification of R-O, the applicant can request a
conditional use for the multifamily use being proposed. The rezoning will
allow the proposed use to be a use "by right' in the proposed C-3 zoning
district. The existing structure is more consistent with the setback
requirements of the C-3 district.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding:
From Planning: Trip Generation indicates the average two-way weekday
traffic volume for a seven unit condominium development is 41 trips. Block
Ave., which provides access to the site, is a Historic Collector. A Historic
Collector is designed for between 4,000 and 6,000 vehicles per day. Traffic
counts are not available for this street. Staff does not find that the rezoning
will significantly impact traffic danger or congestion.
From Public Works: The proposed rezoning is located on the north side of
Spring Street between East Avenue.and Block Avenue.
The proposed rezoning from R-O to C-3 may or may not result in additional
traffic danger and congestion for this area. The access to the developed site
and the circulation network within the development shall be reviewed in
detail as part of the subdivision or large scale development process. The
layout, connectivity, circulation plan, ingress and egress provisions will be
reviewed in detail as information becomes available.
From Police: After reviewing this rezoning request. and looking at the
property described, the police department does not have an objection to the
H:1 USERSI COMMONI PLANNING I REPOR7S1 PCREPOR n 20021 NOVEMBER 111-251 ELDRIDGE_RZN02-300C
• 0 • 9
rezoning being granted. They do not believe there will be any adverse effects
to public safety should these properties be rezoned.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: From Planning: Using 2000 Census data, the addition of 7 families at a rate
of 2.2 persons per occupied unit, the development would increase population
in the area by approximately 15 persons.
From Public Works: The site has access to an existing 12" water line on the
south side of the property, a 4" water line on the east side of the property,
and a 6" water line on the west side of the property. An 8" sewer main is also
located at the south, west and east sides of this property.
The proposed rezoning and ultimate development may or may not increase
the loading on the existing infrastructure systems. During the development's
review and approval process, the adequacy of the existing infrastructure to
accommodate the service requirements will be assessed by the developer's
consultant and reviewed by city staff. Any inadequacies, lack of availability,
need for improvements and determination of responsibility for the
infrastructure improvements shall be resolved during the development's
review/approval process.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1 ) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
H:I USERSCOMMONI PLI NNING I REPOR7SI PCREPORT S 2002W0VEMBER I l 1-151 ELDRIDGE_RZN02-35DOC
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
Current'Current mita
§161.12r DISTRICT R=O'RESIDENTIAL Three or More 90 ft.
OFFICE.
Lot Area Mobile Home Park 3 acres
A . Purpose. The Residential-Office District Minimum:
is designed primarily to provide area for offices Lot Within a 4200 sq. ft.
without limitation to the nature or size of the office, Mobile Home Park
together with community facilities, restaurants and Row Houses:
compatible residential uses.
Development 10,000 sq.
B. Uses. ft.
1. Uses Permitted. Individual Lot 2500
Unit 1 City-Wide Uses by Right sq. ft
Single Family 6000 sq. ft
Unit 5 Government Facilities
Two Family 6500 sq. ft
Unit 8 Single-Family and Two-Family
Dwellings Three or More 8000 sq. ft
Unit 12 Offices, Studios and Related
Services Fraternity or 1 acres
Unit 25 Professional Offices Sorority
Land Area Mobile Home 3000 sq. ft.
Per Dwelling
2. Uses Permissible on Appeal to Unit:
the PlanningCommission. Row Houses
Unit 2 City-Wide Uses by Conditional &Apartments:
Use Permit
Unit 3 Public Protection and Utility Two or More 1200 sq. ft.
Facilities Bedrooms
Unit 4 Cultural and Recreational Facilities 1000 sq. ft.
One Bedroom
Un_-_it 9 Multi-Family Dwelling .- Medium 1000
DensitY, sq. ft
Unit 10 Multi-Family Dwelling - High No Bedroom
Density Fraternity or 500 sq. ft.,
Unit 13 Eating Places Sorori per resident
C. Bulk and Area Regulations. D. Bulk and Area Regulations/ Setbacks.
Per Dwelling Unit for Residential Structures Setback lines shall meet the following minimum
Lot Minimum Mobile Home Park 100 ft. re uirements.
Width: From Street ROW, $Oft!
Lot Within a 50 ft. From Street ROW,if Parking is 50'ft!
Mobile Home Park Allowed'Between the ROW anYNel
One Family 60 ft. Building
Two Family 60 ft. From Side Properly Line 10 ft!
H:IUSERSICOMMONIPLINNINGIREPOR7SIPCBEPOR7S2002WOVEMBER111-251ELDRIDGE RZN02-39D0C
•0 0
From Side Property Line When
15_ft!
Conpguous•t o aR 11, R-2.orR=3
District
From Back Property Line Without
25 eft!
Easement or Alle'r
From Center Line`of Plublic'Alley;
10ft!
E. Building Area. On any lot the area
occupied by all buildings shall not exceed 60% of the
total area of such lot.
F. Height Regulations. There shall be no
maximum height limits in R -O Districts, provided,
however, that any building which exceeds the height
of 20 feet shall be set back from any boundary line of
any R-1, R-2, or R-3 District an additional distance of
one foot for each foot of height in excess of 20 feet.
(Code 1991, §160.041; Code 1965, App. A, Art.
5(x); Ord. No. 1747, 6-29-89; Ord. No. 2414, 2-7-78;
Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80)
H: IUSERSICOMMONIPL4NN/NGIREPOR7SIPCREPOR7S2002LNOVEMBERI! 1-251 ELDRIDGE_RZN01-3IDOC
0 •
•0
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
Proposed Zoning/
§161.15 DISTRICT C-3 CENTRAL
COMMERCIAL.
A. Purpose. The Central Commercial
District is designed to accommodate the commercial
and related uses commonly found in the central
business district or regional shopping centers which
provide a wide range of retail and personal service
uses.
B. Uses.
1. Permitted Uses.
Unit 1
City -Wide Uses by Right
Unit 4
Cultural and Recreational
Facilities
Unit 5
Government Facilities
Unit 9
Multifamily Dwelling - Low
Density
Unit 10
Multifamily- High Density
Unit 12
Offices, Studios and Related
Services
Unit 13
Eating Places
Unit 14
Hotel, Motel and Amusement
Facilities
Unit 15
Neighborhood Shopping Goods
Unit 16
Shopping Goods
Unit 18
Gas Service Stations and Drive -In
Restaurants
Unit 19
Commercial Recreation
Unit 34
Liquor Store
2. Uses Permissible on Appeal to the
Plannino Cnmmission.
Unit 2
City -Wide Uses by Conditional
Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit 19
Trades and Services
Unit 28 Center for Collecting Recyclable
Materials
C. Bulk and Area Regulations/
Setbacks. Setback lines shall meet the following
minimum requirements:
Central
Shopping
Business
Center
District
From Street ROW,
S ft!
25 ft.
From Street ROW if
50 ft!
50 ft.
Parking is Allowed
Between'the ROW
I
the Building
From SiSide .Property
Nona
None
Line
From Side rty'
;10 R!
25 ft.
Line When
Contiguous to a
Residential Distri
FromiBackProperty'
15;81
25 ft.
Line -Without Ease-'
mentor Alle r—�
From Centerline Line
i1O ft!
10 ft.
of a PublicAlley, r
(Code 1991, §160.037; Code 1965, App. A, Art.
5(VII); Ord. No. 1747, 6-29-89; Ord. No. 2351, 6-21-
77; Ord. No. 2603, 2-19-80)
H.•I USERSICOMMONIPLANN1NGIREPOR7SIPCREPOR7S2002WOVEMBERIII-251ELDRIDGE_RZN02-3$VOC
0 • • •
From Fayetteville General Plan 2020
911 Historic Downtown Commercial Areas
The historic downtown core of Fayetteville, the area between the University and the square, contains the Dickson
Street corridor, an important regional entertainment attraction. The area designated on the future land use map for
Historic Downtown Commercial includes Dickson Street, the square, and the surrounding residential neighborhood.
This is one of Fayetteville's oldest neighborhoods, and has become an area of older houses that have been divided
into boarding houses, student apartments, and houses renovated for commercial use. The overriding goal for this
area is to encourage commercial development which retains the area's historic character and to encourage denser
residential development. This area is served by public transit and is within walking distance of the university,
employment centers, shopping centers, entertainment, and public amenities such as parks. Businesses on the square
are predominantly day businesses, while Dickson Street businesses are night spots. A mix of both kinds of
businesses in both places would allow shared parking, and the presence of people during the day and night would
increase the vitality of both areas and discourage crime.
Historic Downtown Commercial: Guiding Policies
9:I1.a Continue revitalization of the historic downtown commercial area, and enhance it with evening
businesses.
9.11 .b Encourage the continuing revitalization of Dickson Street and provide a sense of connection
between Dickson Street and the square.
9.1 l.c Encourage retail use of ground floor space and restrict office and residential uses to higher floors.
Historic Downtown Commercial: Implementation Strategies
Market forces are responsible for the recent revitalization of Dickson Street and the square; and market
forces will be responsible for most future revitalization. Public investment also serves to attract private
investment, as evidenced by the example of the Walton Arts Center. In 2001, the Advertising and
Promotion Commission completed construction of Fayetteville Town Center near the square.
9.11 .d Review the C-3 and C-4 zoning requirements and combine into a single zoning district to create
uniform standards for both areas.
9.11 .e Identify and develop design standards for new development that encourage compatibility with
existing development and help link Dickson Street and the square. The plan should include
provisions for connecting the two areas and enhancing the pedestrian environment between them.
9.11 .f Continue implementation of the recommendations of the Parking Study completed March 3, 1994
to better manage parking in this area.
9.11 .g Investigate tax increment financing or improvement district status to encourage additional private
investment in the area.
9.l l.h Include high density residential use as a use by right in the Historic Downtown Commercial
District and allow mixing of uses within the same building.
H: I USERSI COMMOMPLANNING I REPORTSI PCREPORTS 20011 NOVEMBER 111-251 ELDRIDGE_RZN01-39DOC
• • • •
Eldridge
Summary of Trip Generation Calculation
For 7 Dwelling Units of Residential Condominium I Townhouse
November 14, 2002
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2TWay Volume 5.86 3.09 1.00 41
7-9 AM Peak Hour Enter 0.07 0.00 1.00 0
7-9 AM Peak Hour Exit 0.37 0.00 1.00 3
7-9 AM Peak Hour Total 0.44 0.69 1.00 3
4-6 PM Peak Hour Enter 0.36 0.00 1.00 3
4-6 PM Peak Hour Exit 0.18 0.00 1.00 1
4-6 PM Peak Hour Total 0.54 0.76 1.00 4
aturday2=Way'Volume 5.67 3.10 1.00 40
Saturday Peak Hour Enter 0.25 0.00 1.00 2
Saturday Peak Hour Exit 0.22 0.00. 1.00 2
Saturday Peak Hour Total 0.47 0.71 1.00 3
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
H: IUSERSICOMMONIPLANNINGIRRPORMPCREPOM2002WOVRMBER111-251ELDRIDGE_RZN02-35DOC .
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5. John R. Eldridge, III
P. O. Box 580
Fayetteville, AR 72702-0580
Request a rezoning of the real estate described in this rezoning request for the reason that
the owner desires to convert the office building to seven residential condominiums and
such use is a use by right in C3, but requires a conditional use in RO. The relation to
surrounding properties is that parking and traffic will be minimized, appearance of the
building will be enhanced to give a more residential appearance and signage will be
reduced.
Water and sewer
are currently available to
this building, which
is being used as an office
building. The size of the water and sewer
lines is as follows:
South side of Spring Street — 12 inch water pipe
East Avenue —4 inch water pipe
Spring Street
has
an 8
inch
sewer pipe
East Avenue
has
an 8
inch
sewer pipe
Source: City of Fayetteville Engineering Department
•• • •
51
The subject real estate is virtually surrounded by C3 zones and is in the downtown area
where there are considerable mixed uses. The proposed zoning is justified or needed as
there is currently a demand for downtown residential units in the mixed use area. Traffic
will be decreased by residential use from the current office use and no additional
congestion will occur. The proposed rezoning will not alter the current population
density, at least during daytime hours and should decrease the burden of use in the area.
No additional increase on public services should be required. It is impractical to leave
the property RO and to adapt the use on a conditional use basis as C3 zoning is more
consistent with current uses in the area and current zoning classification.
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Planning Commission • •
November 25, 2002
Page 33
RZN 02-39.00: Rezoning (Eldridge, pp 484) was submitted by Tim deNoble on behalf of John
Eldridge, III for property located at 210 N. East Avenue. The property is zoned R -O, Residential
Office and contains approximately 0.70 acres. The request is to rezone to C-3, Central
Commercial.
Aviles: Item nine on our agenda is RZN 02-39.00, which is a rezoning submitted by Tim
DeNoble on behalf of John Eldridge, III for property located at 210 N. East
Avenue. The property is zoned R -O, Residential Office and contains approximately
0.70 acres. The request is to rezone to C-3, Central Commercial. Dawn, can you
give us a staff report?
Hoover: Madam Chair, I need to recuse from this.
Aviles: Thanks Commissioner Hoover.
Warrick: This project site is located at 210 N. East Avenue. It is the site of an existing 6,984
sq.ft. office building. The surrounding area is a mixture of residential and
commercial uses. Surrounding zoning includes Commercial as well as Residential
Office. Some other rezonings in the immediate area that have been considered
within the past 10 years we have rezoned from R -O to C-3 projects located at both
323 W. Spring and 509 W. Spring. That is the same type request that we are
looking at now, a rezoning from Residential Office to C-3, Central Commercial.
Staff is recommending approval of the requested rezoning. It is appropriate that it
be rezoned in a similar fashion to surrounding zonings which are predominantly
Commercial or C-3. It is also consistent with the General Plan Future Land Use
Plan, which designates this area as Historic Commercial.
Aviles: Thank you Dawn. Is the applicant present?
DeNoble: I am Tim DeNoble, I am John Eldridge's representative.
Aviles: Do you have a presentation that you would like to make?
DeNoble: I think I will just answer questions. At this point we are merely in the planning
phase of ultimately changing this from a commercial building to townhouses
downtown.
Aviles: Thank you Mr. DeNoble. Is there any member of the audience that would like to
address us on this rezoning? I will bring it back to the applicant and to the
Commission for discussion.
MOTION:
Estes: The proposed rezoning
is consistent with
the Future
Land Use Plan, in addition
it
would provide a mixed
use in the Historic
Downtown
Commercial District which
is
Planning Commission • •
November 25, 2002
Page 34
consistent with our Land Use Plan. Based upon those comments and staff's report I
would move that we approve RZN 02-39.00 and forward it to the City Council for
Council's consideration.
Aviles: Thank you Commissioner Estes. I have a motion, do I hear a second?
Shackelford: I will second.
Aviles: There is a second by Commissioner Shackelford. Is there any additional
discussion? •
Bunch: I have a question for the applicant. Tim, are you looking at having a lot split in the
future for the lower portion that is now the gravel lot? What is your preliminary
plan on this?
DeNoble: The rezoning is probably more about that lot in the future which is currently part of
the same property. Ultimately we would like to do townhouses at that point as well
and a 5' setback is much more conducive to that. At the point we would have to
come and ask for a Variance under the R -O so we could build the townhouses
closer to the street so that is why we are requesting this rezoning now.
Bunch: You are looking at converting the existing building into townhouses and probably
utilizing 15 parking spaces on the asphalt area of the upper elevation from East
Avenue?
DeNoble: Correct, I believe if I am not mistaken there are more than 15, we are closer to 20
spaces there now.
Bunch: 15 off street but you are looking at potential future development of the lower gravel
lot?
DeNoble: Right. Parking for those would be on that lot as well. In fact, the number of units
on that lot is limited by the amount of parking you would be able to get on it. It
would probably be somewhere in the neighborhood of 40.
Aviles: Thank you. Is there any additional discussion? Renee, would you call the roll
please?
Roll Call: Upon the completion of roll call the motion to recommend approval by the City
Council of RZN 02-39.00 was approved by a vote of 9-0-0.
Aviles: The motion carries unanimously.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin
Planning
From: Heather Woodruff, City Clerk
Date: December 26, 2002
Attached is a copy of Ordinance 4450 rezoning that property described in rezoning
petition RZN 02-39.00 for a parcel containing approximately 0.70 acres located at 210 N.
East Avenue, Fayetteville, Arkansas, as submitted by Tim Denoble on behalf of John
Eldridge, III.
The original ordinance 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
S ii
MICROFILMEL
JAN0
AFFIDAVIT OF PUBLICATION
I, /a, Z//,,D% , do solemnly swear that I am
Legal Clerk of the Arkansas Democrat -Gazette newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
______ was inserted
** Publication Charge: $ v/ /• 3
in the regular editions on
Subscribed and sworn to before me this
cQ day of , 2002: '003
Notary Pub
Offx;fal Seal
My N d-ryft YsU spire _
WASHINGTON COUNTY
My Commission Expires 11-O5-2011
e ono pay rom Affidavit.
An invoice will be sent.
RECEP\«D
'JAN 0 6 2003
CITY OF FA t c Ff EVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. 4450
U
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-39.00 FOR A PARCEL
CONTAINING APPRO0IMATELY 0.70 ACRES LOCATED AT 210
N. EAST AVENUE. FAYETTEVILLE, ARKANSAS„ AS
SUBMITTED BY TIM DENOBLE ON BEHALF OF JOHN
ELDRIDGE, III City of Fayetteville
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classy cation of the following desalbed property Is hereby charged as follows:
From R -O, Resident ial Office to C-3, Central Canmert4al as shown
In Etlibt'Aattached hereto and made a part hereof.
I ,
Section 2. That tie official zcarg map of the City of Fayettevife, A rkaysas. Is hereby amatled to reflect
the zoNng charge provided n Section I abae.
By:
DAN GOODY, Mayor
By:
Heather Woodruff, City Gerk
FXHIBR'A'
RZN 02-39.00
PART OF LOT 5 AND 6 OF BLOCK 2 OF THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE
PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFM
RECORDER OF WASHINGTON COUNTY. ARIOJASAS. BEING MORE PARTICULARLY DESCRIBED
FOLLOWS: BGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 2. THENCE NO°46'4
146.00 FEET; THENCE N69°1530° W 124.50 FEET, THENCE SO.4640' W 49.00 FEET, THEN
WEST 11.00 FEET, THENCE N88°42'18- W 78.43 FEET, THENCE 50.3139' W 97.62 FEET, THEN
S89°1530 -E 21350 FEET TO THE P.O.B.
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700