Loading...
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