HomeMy WebLinkAboutOrdinance 4459 ORDINANCE NO, 4459
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 03- 1 .00 FOR A PARCEL CONTAINING
APPROXIMATELY 1 .08 ACRES LOCATED AT 240 BLOCK AVENUE,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY LAURA KELLY
OF ROB SHARP ARCHITECTS ON BEHALF OF DAVID MCCLINTON
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 C-2, Thoroughfare Commercial to C-3, Central Commercial as shown in Exhibit
"A" attached hereto and made a part hereof.
Section 2. The official map of the City of Fayetteville, Arkansas, is hereby amended to
reflect the change provided in Section 1 above.
Section 3 . That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to assign the zoning designation of A- 1 , Agricultural to the subject property.
Section 4. That the above-described property is hereby assigned to Ward No. Three.
PASSED and APPROVED this the 4`h day of February, 2003 .
AY E T 1F`� APPROVED:
By: &'X
DAN COODY, Mayor
ATTEST:
By: A1l41 9J) nnu II��I��II���I�III���III�III�I���III�IIIIII���I�I��I��II�I��III��II���II�IIIII��I
Sondra Smith, City Clerk Doc ID : 004357950002 TVDe : REL
Recorded : 03/07/2003 at 10 : 45 : 53 AM
Fee Amt : $11 . 00 Pace 1 of 2
Mashlnaton county . AR
Bette staws circuit clerk
F11e2003-00015855
EXHIBIT "A"
RZN 03-01.00
A PART OF BLOCK 2 OF THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE EXISTING N.E. CORNER OF SAID BLOCK 2, BEING THE S.W.
CORNER OF THE INTERSECTION OF EAST AVENUE AND DICKSON STREET;
THENCE S0046140"W ALONG THE WEST LINE OF EAST AVENUE 177.28 FEET;
THENCE N89002305"W 98.42 FEET TO A POINT ON A ROCK WALL THAT IS 0.59
FEET WEST OF A FOUND IRON PIN; THENCE SO°46'4099W ALONG SAID ROCK
WALL 76.65 FEET; THENCE N89° 18 '56"W 117.04 FEET TO A POINT ON THE EAST
LINE OF BLOCK AVENUE THAT LIES S0048 ' 14"W 254.50 FEET FROM THE
CORNER OF A ROCK WALL AT THE SOUTHEAST INTERSECTION OF DICKSON
STREET AND BLOCK AVENUE; THENCE N0°48 ' 14"E ALONG THE EAST LINE OF
BLOCK AVENUE 254.50 FEET TO THE CORNER OF A ROCK WALL AT THE
EXISTING N.W. CORNER OF SAID BLOCK 2; THENCE S89°02 '05"E ALONG THE
SOUTH LINE OF DICKSON STREET 215 .34 FEET TO THE POINT OF BEGINNING,
CONTAINING 1 .08 ACRES, MORE OR LESS, SUBJECT TO ALL EXISTING
EASEMENTS AND RIGHTS-OF-WAY.
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NAME OF FILE: Ordinance No. 4459
CROSS REFERENCE:
Item # Date Document
1 02/04/03 10rd. 4459 w/Ex. "A"
2 01 /20/03 IStaff Review form w/attachments:
copy 1/17/03 memo mayor/city council
draft ordinance
copy of Planning Commission minutes pertaining to subject
property
copy 1 /9/03 memo to Planning Commission
copy of planning division file of subject property
302/11/03 memo to Tim Conklin
4 02/11/03 JAffidavit of Publication from NW Ark. Gazette
NOTES:
NORTHWEST ARKANSV EDITION
Arkansas Democrat V05axeW
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Leger I Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference to the, f/i'l/es of said publication , the advertisement of:
was inserted in the regular editions on
** Publication Charge : $
Subscribed and sworn to before W this
_ day of 2003.
ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
RE
_ REZONING PETRION RZN 03-1.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1.03 ACRES LOCATED AT 240
Notary Public BLOCK AVENUE, FAYET TEVILLE, ARKANSAS. AS
oN BEHALF OF DDAVID MOCRA CLL KELLY
SHARP ARCHRECTS MN 0f Fayeitev111e
BE R ORDAINED BY THE CRY COIUNC4L OF THE CRY OF FAYETEVILLE. ARKANSAS:My COmmISSIOn Expires:
Section 1: Thet the tune tlessAcalbn of 819 fodowrg OexrOetl PrOP" Is herebY cfatg9d as blows:
From C-2, ThorouWara Comnerael to C-3, Carlael Cpmmerowl as shown N Edtlbit "A" anachrK
piwal W1 N hereto ane nam a Pert hereof.
** Section 2. The official map of the City of FayetteAl9, Aukate as, a hereby emerXad to rolect the charge
PI ase don �avit. provoed In Sectio, l above.
An I nV01CevervII&V64
2p11 Section 3. That the otfidal zo*g map of 8a City of Fayeftwile, Arkansav Ie hereby amended to assgn
W E Tg$ 11'� the zonyg designation of A-1. AgdoA ren to the SLOW property.
1�Y G_ p(T^r^awlpfl section 4. That the above easolbed poP80Y IS hereby aa1818o to Ware No. Three.
PASSED and APPROVED this the 41h day of Febnaty, 2003.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
So
Soros Smith. ply Carle
EXHIB-
RZN 03-01.01.0
0
A PRAT OF BLOCK 2 OF THE S FOLLOWS:TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, MORE
' PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EXISTING N.E. CORNER OF SAID BLOCK 2. BEING THE S.W. CORNER OF THE
INTERSECTION OF EAST AVENUE AND DICKSON STREET: THENCE SO°48'40W ALONG THE WEST
UNE OF EAST AVENUE 1TA.28 FEET, THENCE 1489002'OSW 98.42 FEET TO A POINT ON A ROCK
WALL THAT Is 0.59 FEET WEST OF A FOUND IRON PIN; THENCE SO'48'40'W ALONG SAID ROCK
WALL 78.85 FEET; THENCE NB9°18'58W 117.04 FEET TO A POINT ON THE EAST UNE OF BLOCK
AVENUE THAT LIES S0°48'14W 254.50 FEET FROM THE CORNER OF A ROCK WALL AT THE
SOUTHEAST INTERSECTION OF DICKSON STREET AND BLOCK AVENUE; THENCE W48'14"E
ALONG THE EAST UNE OF BLOCK AVENUE 254.50 FEET TO THE CORNER OF A ROCK WALL AT
THE EXISTING N.W, CORNER OF SAID BLOCK 2: THENCE SW I32'05mE ALONG THE SOUTH UNE
OF DICKSON STREET 215.34 FEET TO THE POINT OF BEGINNING. CONTAINING 1.08 ACRES,
MORE OR LESS, SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS-OF-WAV. -
212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
FAYETTE�I LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Director
Community Planning & Engineering Services
From: Clarice Buffalohead-Pearman
Sr. Secretary
Date: 2/11 /03
Re: Ordinance No. 4459
Attached is a copy of Ordinance No. 4459 rezoning that property described in rezoning petition
RZN 02-14.00 for a parcel containing approximately 1 .08 acres located at 240 Block Avenue,
Fayetteville, Arkansas, as submitted by Laura Kelly of Rob Sharp Architects on behalf of David
McClinton.
This ordinance will be microfilmed and filed in the Fayetteville City Clerk's office, and filed with the
Washington County Clerk.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
Ord,
0 At 63
Ma,
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of February 4 , 2003 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZN 03 - 1 . 00 as submitted
by Laura Kelly of Rob Sharp Architects on behalf of David McClinton
for property located at 240 Block Avenue . The property is zoned C-
2 , Thoroughfare Commercial and contains approximately 1 . 08 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 :
Accounting Manager Date ADA Coordinator Date
City Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on January 13 ,
2003 the Planning Commission voted 9 - 0 - 0 to recommend that the
City Council approve the requested rezoning .
ZL12—eff Cross Reference
Divis n He Date
artm nt r to/�� Date New Item : Yes No
AdmiAivstptiTe Services Date Prev Ord/Res# :
Director
Mayor Date Orig Contract Date :
•
FAYETAVILLE City Council meeting of Feb. 4. 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Shelli Rushing, AICP, Associate Planner
THRU: Tim Conklin, City Planner
DATE: January 17, 2003
RZN 03-1.00: Rezoning (McClinton, pp 484) was submitted by Laura Kelly of Robert Sharp
Architect on behalf of David McClinton for property located at 240 Block Avenue. The property is
zoned C-2, Thoroughfare Commercial and contains approximately 1 .08 acres. The request is to
rezone to C-3, Central Commercial.
BACKGROUND:
The subject property is located south of Dickson Street between Block Avenue and East Avenue. A
two story office building (Hathcock Building) currently sits on the site. The applicant proposes to
add to the site a three-story, 12-unit apartment building. The applicant is requesting C-3 zoning to
allow for the location of the building in a similar fashion to that of the rest of Dickson Street, which
is close to the street right-of-way. The C-3 zoning is also being requested to provide zoning
consistent with other properties along Dickson Street.
The Engineering Division, Police Department and Fire Department have responded to the rezoning
request. There does not appear to be concern for providing adequate public facilities at this location
for the requested zoning designation.
The C-3 , Central Commercial zoning designation is consistent with the Future Land Use Plan, which
designates this site as historic commercial. It follows General Plan 2020 policies for historic
commercial areas by promoting higher density residential in the central commercial areas. The
zoning classification is compatible with surrounding zoning and land uses. Staff recommends
approval of the requested rezoning.
CURRENT STATUS:
On January 13, 2003, the Planning Commission voted 8-0-0 to recommend to the City Council
approval of the requested rezoning.
RECOMMENDATION:
Approval of the requested rezoning from C-2 to C-3.
K:IREPOR7SI2003lCCREPORTSIFEBRUARHRT-NO3-1 MCCLINTONDOC
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 03-1 .00 FOR A PARCEL
CONTAINING APPROXIMATELY 1.08 ACRES LOCATED AT 240 BLOCK
AVENUE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY LAURA
KELLY OF ROB SHARP ARCHITECTS ON BEHALF OF DAVID
MCCLINTON
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 C-2, Thoroughfare Commercial 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 , 2003.
APPROVED:
By:
AFS
DAN C ODY, Mayor
ATTEST:
By:
Heather oodruff, City Clerk
EXHIBIT "A"
RZN 03-01.00
A PART OF BLOCK 2 OF THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE EXISTING N.E. CORNER OF SAID BLOCK 2, BEING THE S.W.
CORNER OF THE INTERSECTION OF EAST AVENUE AND DICKSON STREET;
THENCE S0046940"W ALONG THE WEST LINE OF EAST AVENUE 177.28 FEET;
THENCE N89002'05"W 98.42 FEET TO A POINT ON A ROCK WALL THAT IS 0.59
FEET WEST OF A FOUND IRON PIN; THENCE SO°46'40"W ALONG SAID ROCK
WALL 76.65 FEET; THENCE N89° 18'56"W 117.04 FEET TO A POINT ON THE EAST
LINE OF BLOCK AVENUE THAT LIES S0048114"W 254.50 FEET FROM THE
CORNER OF A ROCK WALL AT THE SOUTHEAST INTERSECTION OF DICKSON
STREET AND BLOCK AVENUE; THENCE N0°48' 14"E ALONG THE EAST LINE OF
BLOCK AVENUE 254.50 FEET TO THE CORNER OF A ROCK WALL AT THE
EXISTING N.W. CORNER OF SAID BLOCK 2; THENCE S89°02'05"E ALONG THE
SOUTH LINE OF DICKSON STREET 215.34 FEET TO THE POINT OF BEGINNING,
CONTAINING 1 .08 ACRES, MORE OR LESS, SUBJECT TO ALL EXISTING
EASEMENTS AND RIGHTS-OF-WAY.
Planning Commis*
January 13, 2003
Page 36
Aviles: Sixth on our agenda is RZN 03 - 1 .00 for McClinton which was submitted
by Laura Kelly of Robert Sharp Architects on behalf of David McClinton
for property located at 240 Block Avenue. This property is zoned C-2,
Thoroughfare Commercial and contains approximately 0.92 acres. The
request is to rezone to C-3 , Central Commercial. Staff is recommending
approval of the requested rezoning. Shelli, do you have the staff report?
Rushing: Yes Ma'am. This property is located south of Dickson Street between
Block Avenue and East Avenue. Right now there is a two story office
building located on this site. The applicant is proposing to add to the site a
three story apartment building complex. This complex would have 12
units and 11 ,000 sq.ft. The applicant is proposing to place the building
close to the street right of way of Dickson Street. In order to do that they
would need the C-3 zoning, which does permit a smaller front setback for
this property. They are requesting the C-3 zoning to allow for the building
to be set closer to the street right of way for Dickson Street and second of
all, for it to be more consistent with some of the other properties located
on Dickson Street. This property is designated as historic commercial in
the future land use plan. It also follows the General Plan 2020 policies for
historic commercial areas. One of which is promoting higher density
residential in the central commercial areas. We also find that the zoning
classification is compatible with surrounding zoning as well as
surrounding land uses. We have spoken with the fire department as well
as the police department. The fire department indicates that the response
time is three to four minutes at this location and that fire hydrants may be
needed at the time of development and the police department does not
believe that there is any adverse affects on this rezoning on the ability to
provide public services to the site. Therefore, staff is recommending
approval of the requested rezoning.
Aviles: Thank you very much Shelli. Is the applicant present?
Kelly: Good evening, I am Laura Kelly. My main points are very simple and
short. This property is existing right now on Dickson Street right across
the street from the post office, which has kind of a low scale along there,
and one of the principals of making a really livable, friendly, walkable city
is to develop streetscapes and Dickson Street is wonderful for that. You
have streets right along, shop windows to look in and what the current
property owner would like to do is put an apartment building on his vacant
lot parking area. He can do that right now as it is zoned but he would have
to put it 50' off the street, which would mean the parking would go out in
front so as you are walking down Dickson Street you would see a lot of
cars. That is good for Thoroughfare Commercial, good visibility for fast
traffic but on Dickson Street it seems inappropriate and I would like to
recommend that the Planning Commission approve this rezoning request
Planning Commis*
January 13 , 2003
Page 37
and allow a more pedestrian friendly Dickson Street environment and put
the parking in the back. Thanks.
Aviles: Thank you Laura.
Rushing: I do want to point out that we have color elevations that are sitting in front
of you that were provided to us today.
Aviles: Laura, could you tell us which is the existing building on this?
Kelly: The one on the right is the existing building. If that plan could proceed
that will be the owner's house there on the top right.
Aviles: Do you plan any structured parking for later on?
Kelly: That is a dream, yes.
Aviles: Is there any member of the audience that would like to address us on this
rezoning? Seeing no one, I will go ahead and bring discussion back to the
Planning Commission and to the applicant for discussion or motions.
MOTION:
Allen: I think this is a real appropriate and attractive project for this area and for
that reason I would like to move for approval of RZN 03- 1 .00.
Aviles: Thank you, I have a motion by Commissioner Allen, do I hear a second?
Hoover: I would like to second it and I would just like to comment also that this is
a great project and I appreciate someone taking the time to change the
zoning so that we could have the appropriate setbacks for the project.
Conklin: I do have to add that I think it is a wonderful project too. I just want to
make sure that you are aware, and I know you are aware of this, but for the
public, we currently don't have design guidelines or standards for
residential multi-family. What they are showing you this evening is
something that we cannot require. We are looking at the zoning with
regard to the building setback footprint and not the three dimensional
building and how it looks and materials. I do think it follows good
principals of urban design and I think it is going to be a great asset down
there on Dickson Street. Thank you.
Aviles: Thank you Mr. Conklin.
Planning Commissl
January 13, 2003
Page 38
Bunch: I would like to echo the comments of the other Commissioners about the
appropriateness of this project. At the same time, since this is less than an
acre in size it will not come back before this body which means that there
will not be additional public comment other than the rezoning request
from the City Council. There is another issue that is attentive to this,
maybe not directly involving it, but it is something that we need to look at
in our long term planning. There will be a loss of parking places in this
area that are currently being utilized by the religious community on
Sundays. As we do one thing good sometimes we create other problems.
Although I am going to vote for this project, I just want to keep this
information in front because we have a problem in the Dickson Street and
downtown area with parking and since there will not be any other public
meetings on this I would like to generate some numbers and information
for the City Council and for staff to be able to utilize when they do their
administrative decisions on this. Laura, can you tell us how many parking
places are currently in this area and what the reduction will be and what
affect having it as personal parking rather than business parking will have
on the Sunday situation.
Kelly: On the site right now according to the survey and counting of spaces and
wheel stops, there are 49 spaces. However, it is very important for me to
stress that some of these spaces are 11' deep and the cars are hanging 10'
out. There is a space that is 45' wide and has a double loaded corridor,
that is usually 65' by code. Even though there are 49 spaces. I did a quick
calculation on AutoCAD and came up with 38 by code, I know that is
cheating, there are 49 squeezing in there right now. Although some of
them are never used because they are over crowns of roots and just
dangerously close to streets and overhanging sidewalks and such. Our
proposal includes 35 spaces, 2 of them are housed in a garage, which will
be the McClinton's house so those don't really count so 33. Even though
you are losing 16 actual spots, in my eyes if this parking lot were ever
upgraded to meet code, you are only using 5 spaces.
Bunch: Ok, thank you. You are showing adding an additional storage to the
existing building still be office space or will it be converted to residential
also?
Kelly: The first floor and most of the second floor will remain office space. A
little bit of the second floor will become the downstairs of the McClinton
residence and that bit of third floor you see is only on Dickson Street. It
will be the upstairs of the McClinton residence and the roof will be a
rooftop garden. That is all the idea situation. Obviously, it may or may
not happen that way.
Planning Commissrvii0
January 13, 2003
Page 39
Bunch: Laura, do you know if there are any existing shared parking agreements in
affect for this area?
Kelly: I don't know that there are on this site.
Rushing: Staff is not aware of any shared parking agreements at this location. We
also are not aware of any type of shared parking agreement at this location
as well as any kind of shuttle services or transportation services between
the area churches and other parking areas. We were not able to identify
any of those.
Conklin: I would just like to add one thing. That is as we continue to increase the
amount of residential in our downtown, the one objective here is that
maybe people who live in this apartment or live down there, if they choose
to go to church, will walk to church and not drive and will choose to walk
to work. I think when you create that mixture of use with actually
reducing parking, we may not need as much parking.
Bunch: To me that is one the assets of having this type of infill development and it
goes a long ways towards stemming the core decay. I think we have done
a very good job in Fayetteville of avoiding that where other cities have
had considerable problems. Combined with the change of the Heritage
Place building from commercial or office space to residential, which
eliminates some more parking places and the same thing with
Southwestern Bell putting in the expanded generating station, we are
losing somewhere in the neighborhood of 50 to 75 parking places that are
available normally on Sundays for the four large churches within this
immediate area, within two blocks of this area, to utilize. It is just one of
the concerns that I have. Again, I am in favor of this type of infill project
but at the same time we need to recognize that our downtown churches
have members of their congregations that are coming in from all over
town and from out in the growth area and beyond and would not be able to
walk to church and we need to make sure we have parking for all of our
various uses in the downtown area, whether it is government, business,
residential or religious communities.
Kelly: I just would like to add one quick comment. I guess it would be acceptable
at this time with the C-2 zoning to develop that spot so in a way this is
trying to make a more aesthetic approach to this.
Bunch: I am not trying to minimize this project in any manner. I am just saying
that as these types of projects come up when they have smaller than an
acre and there is not a public hearing we need to remain mindful that we
are losing parking in our downtown area and this is a problem that needs
I
Planning Commis •
January 13, 2003
Page 40
to
be addressed by
the City
Council
and
the
administration.
I just wanted
to
initiate dialogue
so that it
wouldn't
be
lost
when
it goes to
them.
Aviles: Thanks Commissioner Bunch. That is an excellent point and parking
downtown is certainly a major concern. Commissioners, is there further
discussion before we vote on this item? Renee, would you call the roll
please?
Roll Call: Upon
the
completion of
roll call
the
motion to recommend approval of
RZN
03-1.00
by the City
Council
was
approved
by a vote of 9-0-0.
Aviles: The motion carries unanimously.
fl
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: January 9, 2003
PC Meeting of Jan. 13, 2003
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
RZN 03-1.00: Rezoning (McClinton, pp 484) was submitted by Laura Kelly of Robert Sharp
Architect on behalf of David McClinton for property located at 240 Block Avenue. The property is
zoned C-2, Thoroughfare Commercial and contains approximately 1.08 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
Jan. 13, 2003
COUNCIL ACTION: Required YES
O Approved O Denied
Feb. 4, 2003
Comments:
K:IREPORTS120031PCREPOR1SI0I-131RZN03-01 _MCCLINTONDOC
•
BACKGROUND:
Property Description: The subject property is located south of Dickson Street between Block
Avenue and East Avenue. A two story office building (Hathcock Building) currently sits on the site.
Proposal: The applicant proposes to add to the site a three-story apartment building complex with
12 units and 11,000 square feet. The proposed location of the building is close to Dickson St. with
parking located behind the structure.
Request: The setback regulations of the C-2 zoning district will not permit the building to be located
near the right-of-way. The applicant is requesting C-3 zoning to allow for the location of the building
in a similar fashion to that of the rest of Dickson Street, which is close to the street right-of-way.
The C-3 zoning is also being requested to provide zoning consistent with other properties along
Dickson Street.
Recommendation: The staff recommends approval of the requested rezoning to C-3, Central
Commercial. The proposed zoning is consistent with other zoning along Dickson Street and is
compatible with surrounding land uses. It also allows for the implementation of General Plan 2020
policies regarding historic commercial areas.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Public (Post Office)
R -O, Residential Office
South
Office Building
R -O, Residential Office
East
Church
R -O, Residential Office
West
Retail (Clothing Store)
C-3, Central Commercial
INFRASTRUCTURE:
Streets: North: Dickson Street (Historic Collector)
South: Spring Street
East: East Avenue (Historic Collector)
West: Block Avenue (Historic Collector)
Water: There is a 12" water lines along Dickson and East and a 6" water line along Block
Avenue.
Sewer: Eight inch sewer mains are located along Dickson, Block and East.
LAND USE PLAN: General Plan 2020 designates this site historic commercial. Rezoning this
property to C-3, Central Commercial is consistent with the land use plan and compatible with
surrounding land uses in the area.
K. VREPORTS120031PCREPORTSI01-I3�V03-0/_MCCLINTONDOC
FINDINGS OF THE STAFF:
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 C-3, Central Commercial zoning designation is consistent with the Future
Land Use Plan, which designates this site as historic commercial. It follows
General Plan 2020 policies for historic commercial areas by promoting higher
density residential in the central commercial areas. The zoning classification is
compatible with surrounding zoning and land uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is needed in order to build the structure close to the right-
of-way, as proposed by the applicant.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Planning Division: The proposed zoning could result in a maximum of 37
residential units (.92 acres x 40 du/acre). The average weekday two-way volume
for a 37 unit apartment complex is 245 trips. The proposal is for 12 residential
units. The average weekday two-way volume for a 12 unit apartment complex is
80 trips. The property will be accessed from Dickson St., East Ave. and Block
Ave., all three of which are designated as historic collectors on the Master Street
Plan. A historic collector is to be designed for 4,000 vehicles per day or 6,000
vehicles per day with a left turn bay. There are no traffic counts at this location.
Engineering Division: The proposed rezoning is located on the south side of
Dickson Street between Block Avenue and East Avenue. At this location
Dickson Street is a two lane street. The proposed rezoning from C-2 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.
K: I RFPORTSI20031 PCPEPORTSI0 / -131 RZN03-01 _MCCL/NTOrDOC
• -
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: Planning Division: The maximum of 37 residential units could result in a
population of 82 people, using an average occupied housing unit count of 2.21
persons (Source: U.S. Census 2000, City of Fayetteville). The proposed 12 units
could result in a population of 27 people.
Engineering Division: The site has access to existing 12" water lines along
Dickson and East. There is also a 6" water line along Block Avenue. Eight inch
sewer mains are located along Dickson, Block and East.
The proposed rezoning and ultimate development may 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.
Fire Department: The response time is three to four minutes and fire hydrants
may be needed.
Police Department: The Police Department does
not
believe
there are any
adverse effects to public safety should this property
be
rezoned
as requested.
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
K. I REPORTS120031 PCREPORTSI01-13 tRZN03-0!_MCCLINTONDOC
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K I REPORTS110031 PCREPORTSI01-131 RZN03-0P_MCCL/A?ONDOC
•_
From Chapter 161, Zoning Regulations
City of Fayetteville Unified Development Ordinance
Current Zoning:
§161.14 DISTRICT C-2 THOROUGH -FARE
COMMERCIAL.
A. Purpose. The Thoroughfare Commercial
District is designed especially to encourage the
functional grouping of these commercial enterprises
catering primarily to highway travelers.
B. Uses.
1. Permitted Uses,
Unit I
City -Wide Uses by Right
Unit 4
Cultural and Recreational Facilities
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 17
Trades and Services
Unit 18
Gasoline Service Stations and Drive -In
Restaurants
Unit 19
Commercial Recreation
Unit 20
Commercial Recreation, Large Sites
Unit 24
Outdoor Advertising
Unit 33
Adult Live Entertainment Club or Bar
Unit 34
Liquor Store
K: I REPORTSI20031 PCREPORTSI0I -131 R7JV03-01 _MCCL/NTOADOC
2. Uses Permissible on Appeal to the
Planning Commission.
Unit 2
City -Wide Uses by Conditional Use
Permit
Unit 3
Public Protection and Utility
Facilities
Unit 21
Warehousing and Wholesale
Unit 28
Center for Collecting Recyclable
Materials
Unit 32
Sexually Oriented Business
C. Bulk and Area Regulations. Setback
lines shall meet the following minimum requirements:
From
Street ROW
50 ft.
From
Side Property Line
None
From Side Property Line
When Contiguous to a
Residential District
15 ft.
From
Back Property Line
20 ft.
D. Building Area. On any lot the area
occupied by all buildings shall not exceed 60% of the
total area of such lot.
E. Height Regulations. In District C-2 any
building which exceeds the height of 20 feet shall be
set back from any boundary line of any residential
district a distance of one foot for each foot of height
in excess of 20 feet. No building shall exceed six
stories or 75 feet in height.
(Code 1991, §160.036; Code 1965, App. A, Art.
5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11-1-
71; Ord. No. 2351, 6-2-177; Ord. No. 2603, 2-19-80;
Ord. No. 4034, §§3,4, 4-15-97)
From Chapter 161, Zoning Regulations
City of 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
I
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
Planning Commission.
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
K: IREPORTS110031PCREPORTSI o1-13IRZN03-01_MCCLINTONDOC
C. Bulk and Area Regulations/
Setbacks. Setback lines shall meet the following
minimum requirements:
Central
Shopping
Business
Center
District
From Street ROW
5 ft.
25 ft.
From Street ROW if
50 ft.
50 ft.
Parking is Allowed
Between the ROW
and the Building
From Side Property
None
None
Line
From Side Property
10 ft.
25 ft.
Line When
Contiguous to a
Residential District
From Back Property
15 ft.
25 ft.
Line Without Ease-
ment or Alley
From Centerline Line
l0 ft.
10 ft.
of a Public Alley
(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)
•_ •
TRIP GENERATION
Summary of Trip Generation Calculation
For 37 Dwelling Units of Apartments
January 08, 2003
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2 -Way Volume 6.63 2.98 1.00 245
7-9 AM Peak Hour Enter 0.08 0.00 1.00 3
7-9 AM Peak Hour Exit 0.43 0.00 1.00 16
7-9 AM Peak Hour Total 0.51 0.73 1.00 19
4-6 PM Peak Hour Enter 0.42 0.00 1.00 16
4-6 PM Peak Hour Exit 0.20 0.00 1.00 7
4-6 PM Peak Hour Total 0.62 0.82 1.00 23
Saturday 2 -Way Volume 6.39 2.99 1.00 236
Saturday Peak Hour Enter 0.00 0.00 1.00 0
Saturday Peak Flour Exit 0.00 0.00 1.00 0
Saturday Peak Hour Total 0.52 0.74 1.00 19
Summary of Trip Generation Calculation
For 12 Dwelling Units of Apartments
January 08, 2003
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2 -Way Volume 6.63 2.98 1.00 80
7-9 AM Peak Hour Enter 0.08 0.00 1.00 1
7-9 AM Peak Hour Exit 0.43 0.00 1.00 5
7-9 AM Peak Hour Total 0.51 0.73 1.00 6
4-6 PM Peak Hour Enter 0.42 0.00 1.00 5
4-6 PM Peak Hour Exit 0.20 0.00 1.00 2
4-6 PM Peak Hour Total 0.62 0.82 1.00 7
Saturday 2 -Way Volume 6.39 2.99 1.00 77
Saturday Peak Hour Enter 0.00 0.00 1.00 0
Saturday Peak Hour Exit 0.00 0.00 1.00 0
Saturday Peak Hour Total 0.52 0.74 1.00 6
K: iREPORTS120031PCREPORTSI01-131R7vV03-01 _MCCLIINTONDOC
November 20, 2002
To members of the Planning Commission
City of Fayetteville
311 West Mountain
Fayetteville, AR 72701
RE: REZONING REQUEST FOR PROPERTY
SOUTH OF DICKSON STREET BETWEEN BLOCK
AND EAST AVENUE
Members of the Planning Commission:
R E G I S T E R S D'
ROBERT SHARP. ARCHITECT
311 WEST DICKSON 5TE 03
FAYETTEVILLE AR
PHONE: 501.442.0219
if
jt
The attached zoning request includes property under and around the existing Hathcock
Building on the south side of Dickson Street, between Block Avenue and East Avenue.
The Hathcock building parcel has been under the same ownership since 1972.
The owner is requesting the zoning change from C2 to C3 to put his property in
conformance with the surrounding Dickson Street properties, and to allow a future
development of the property to be in conformance with the Dickson Street design
patterns.
An apartment building project at the corner of East Avenue and Dickson Street is being
considered. The preferred building location would be close to the Dickson Street
right-of-way, with the parking concealed behind the structure, (see attached Site Plan and
Elevation sketches). This design would fill in what is currently one of the parking lot
voids of Dickson Street, and would add to the pedestrian interest and scale. The setback
requirements of C2 would prohibit building close to the street, and would, by the nature
of the setback limitations, require the parking lot to be along Dickson Street.
The apartment building design currently being considered is a three-story 12-plex of
approximately 11,000 square feet. The space left available for parking behind the
proposed building will be adequate for the twelve units and the existing office uses of the
Hathcock building.
Water and sewer facilities, some of which have been recently upgraded with the Dickson
Street Enhancement Project, run under every street surrounding the property.
Rezoning Request.wps McClinton East Wing
paceZ
Project Number 00018
Owner
McClinton Investments
P.O. Box 1367
Fayetteville, AR 72702
Parcels included in rezoning:
765-01654
765-01653
765-01655
Legal Descriptions shown on Exhibit "A".
Sincerely,
Laura Kelly
Robert Sharp, Architect
PRage Zing Request.u�ps McClinton East Wing
Project Nmnber 00018
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Subject Property Boundary Master Street Plan
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Future Landuse
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Subject Property `N_. Planning Area
Cocoon Mast•r Street Plan
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