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