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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. t°' mb 7? (b Z o � yo2 - off' 3� 3 00 c to MO- J' 2 Co Jam Ci Q y ,o p (b CO C o � Ck r CIO y a �m � cn o� Cob y m Q Jo 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 • •- •3. A T i Y � IT7' r I 4!7 v Y rv• \ 3F,'- `t �Ay."£` P'. "N h FAT + irk3 e.+ r "R i n5'm :n to s'. �, AA • FY _ r r�✓?9P"v' Y. TN Y ul -s'•^. t .t�. w q• 1� n - / .. rT�� X • l p '>' ' • A `5 /F^ir v PS �5 vv r ..ti , C V I♦ i 1 n 5 { _I r rc�l1L.. r x 5 - 5 n FT r See T ( ry 3r ♦"' r • r• l L.I �' }.J {i)1 rvi..•.{,^. I� BYO ,�• - , r I r e I4' a.. o'_. e f 'r{ev . a rv( ♦ 1 ✓ o L! T 5. r .4 11 • . _ •. � I -c e. ra Y. •Jfiw �� ry hT . i�ld � � r—rv♦ m• f _ r rv.r' 1 rtiYy.^� Y 4+q J- .Y.. . I✓J P . ^ e ee} }r IpY ri /yT r .+Cr uu♦ •—•e " JYra '� i ✓ mSik±i / r _ r IY t1 ♦ xpYw}rv�) T YY ry ..Rv � r 4 � n 5a f .� t �� tea' - � ..r- F,.. s ` a �°`'+�� {{yy:: � � /J ;:- • c . Qom, "raj} fCG }h�l1� y� YT'' y i�ir'W5 Et 'YY , YMY '.j3 A Lr Kli l.t ri Y ��.,v r � / J, s r vfwM a •.x. r �v t o, ry n ` ! r 'i ',,; ..r ... v: �?Y Imo. .... r,t . r 1♦.nef"3.w-. "v �. A ILZJ riY 5 Y'Y,."..' �",rrv^✓Yw a'.e-.'i `.`M ..T- ..4Mf t tt„y ,'..`r `'r's.r s.,x A ..� M 51 ,. �yLrvyr 2„E� -,. ,� r i . r i;� i`v RCTia'¢i'l� , T3'c . �Wt♦YY +` a. YY .. "`Sct ,,��t Yy��L.,. -�«^j ✓tltlW x • {vt ° i r'Y%C'i,sA'�w�v v a z r ft .. E.. ` v z i s ♦ cOy r tK,fy t Nsx T- £ u — Yf`E r e$If A4 �. + J i 'vY— � Jt % Y R.. F 9 �a � ♦ A h it 4- A � J'lri i. VtCr. �� r A �i— Looking east at subject property. 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 , f{ill ♦ -.rv]� y✓ 1 f� } .r rvi% Y 1 -. > r n + •}V1 /\J m• . . m,, r� r�ry _rrr. �" .., Ir.• Li, + t 4 t a r �r fl Li a �'iV•y{L, r fh' 2' L "kr Y' I � �'1 Il✓ r' i ' y2�S{rfL �/SL I 'l� N r' • err r .n I ,vi 111 fj,r :.t a kI u:�I _ �I hn A•� fang �, �� '� �` 111 11111 IS: r • }}P 1 Y . r �l l� { {• Ijfr:c*Ha1 {}{ rvi Y a e YSytF"`.•i l.�i jj: R+ --I III m .✓ 1 K ` • _ •^ t + S I Yr f , , I{I Y • + , r , ' r, f ✓Y ✓e + 4 p.�.� t �-� �r N� f,• �llE iir v._Ji rvn { , r ..i rf f , flt - i ♦ 191- A :fr Y , ^' Jl lr fY ,-} i } r J , > h t• - I I�� �Y'.1f �In S( .+r,Y A.� 1( Y. k ✓t �! `SLR,.: r �,`,~}�• ✓ �./ i rr ,T.• X! �A arrY I W-�- r +l•' 'e C .,. l ✓t. I t"Or 4 I, a 5 it P _ . _ Z O 1 LI r m z z "F^�T pUILDG" P�.O Ppc .,E[> EI pVAi1rJ'AJ I n FA.'rv�l�piN�" Pt�ci'rE P7 CLF' "✓.�.T I O e'y • CAST eulLt)hJi'P=cr5ED ELE.vA11wS pWEST ELEVATION EAST ELEVATION Overview RZNOPViw McCLINTON Cse 111 --'1 �" !....il �t I u C.a--+ � v,.'�I ! i _ ii R -O -f` Li I / 11 ' f Q ` I 14 I `4 " ,a hit G? fD Is'is�ll•`iii•!1't"isL'ir�•a•�•••••Q!i'tiQi Y'�i .s.. 5 ',, I 1 e , •...••AL5ff2iiT " U7&Sd7s'1",•••Q'CKii'i s•.••r• 7�' — _ __ _ _ fl 1H/[ E ___ : y?'iq -..-. _ w,. - - _ • -. as c -z Fi � • I 'yyuu .. p SUBJECT PROPERTY ; • / _ 5 t t 'TI! L' _ __�_ SPRING ST SPRING S(-� I • I i • ! u• :JT 4 11 .. >j, r--'- . _. ! II • j • Legend Subject Property Boundary Master Street Plan RZN03-1.00 "s_, Planning Area �, j" Freeway/Expressway Streets 000B Overlay District �� r Principal Arterial __ Existing L _ I City Limits Minor Arterial Planned Outside City %- Collector ••••• Historic Collector 0 75 150 300 450 600 Feet I RZN03-1.00 MCCLINTON Future Landuse I L Overview Legend Subject Property Streets Boundary RZN 031.00 '�.+ Existing Planning Area r n A Planned 000o Overlay District L _ _I City Limits 0 75 150 300 450 600 Feet Future Landuse Parks Private Open Space Residential Mixed Use Office Historic Commercial [RN�+1 �- Community Commercial Neighborhood Commercial Regional Commercial MX� Industrial University RZN03-1.00 One Mile View • il�lpRfVAtE 0 I. l�f-j I LI - r U� _ ♦.a?.� t 1_ �BIRWIN =•r,�j ILL x Ly Holly Sfl a I ' -!' r / _•,.1 r I. qq ♦m ♦ , 1 , p � I R • „ Ill Y_. Y —n D t Ei^ r te.. ! ;n }F rn ..+if-IIJ' �'� �� 1—il..�1 1" `- w'I rrlir NDIcS D0. ��q-yln�,�p�.i444'X�'%&4etl� -1 it ! "{I 1 1 R✓ il._ty t�,, n� J P .. s � ��` �' ��, ADAMS ST,lh ' 'Pilli 9T -' (t I Ij�, It !lI i BnXtER IN t I g Yr.1AlffslD R < r Otis v p t 5 I A pUy i'�R7A�1 i 1�S L� a — E1 LEBURN ,,-Jv :J _ t I^'r , t ; L OaJ • �I .A71'--�-- I — f— \ � 3 8 — era ix . "I I Bull ,≥ I `e }ie—� r4 1w.L- • L !_{ 'DSGECI ST F��N_�� 1.'�"'itt ry I' a ��, I rj •--Y.f, , i j ,,y„ �`$x iIIL , $-d a� Y .LI_.',',It''y •• �_� 1i Ft17il U ,�. ( �I ! �`r TDHNSPNj w�yfitI ..LI A „1U �TAIVt ST t (f ALA-!� EY iI -t II rpt Y ', r i y� c'f• ;.11 kkk^� II[ I rnMrER yl '.j �• AAZI, III IXL .. 0••••N•••iee•e1.1• F$ -'-III F ,[ 1 .i INS .I jll 111 Ip _ ii"i•1�11R�91• 00 ��TdG1AES� w ' �;fl��+'�'} 1 �'�, w • F ATE -' ; }Nl, Y II .,- {, III .I III C.-wl- < i ♦ i ( L'r^ o slsi L SUBJECT PROPERTY r4 — L .- t-i- t i =c oo iN o I I I�.I _1 �1 . • Imo' Tiff* ,R .� III .•• •••••� `••• I••••a••�"L� ••'1- =• ' y� —ffi I • ah'sdt� I —{ 1 0 �'a ' f m • • <LT `• , It.l_tu{RING Si �' r"�'� •'I �L f2 • vOJ-� a¢ ♦•: rj,ll�. �' : tttAbogl )� :LUI�III%Jilt , �: IN'�+ ! iiI• II o 9 .�u- a Ito • yu '491r rvc • ? 1 1 IiilT�till� r• + '— hI q.. *w�t_R hitil tt •; a••••.•.1u- it rnfl1� •�INP w4�11 I .�.Y •� Lba • yl • V'e4 j�l. -�Tt^• �-:�]L i`-[I ��. aI �;� L ?(—w 1^•.K p_!11=211W _.• �•e ?�tI t I, ._ n < > :,a- ,� ` Z F ,`-�—�.. -: t a:—SCIIll 5• .�• "'I�. ^-i�'"w ` xv°jl I' I PRIVATE DR ✓P ��I !2 > I ITNI �, TfI51t• r u i.��l '�' I--' it _._ �A I w .r 111 I'�tl tzo <�I v �Iv� �••��i► .�` I 5'R f dA •�ir"� aw 1 . sT ri F'�t III I mil _ • t V c - ilr I5�f I II!�✓IiI1L • ii V !Q a..wn 1 ml yiY 1 W ' ✓.tai S1H Sf .. I I 1 A a • ,�'r t �:1•ST ";u BYq� rI¢ I if I'�Fl; lj�il�'11� I�_� n •• 2 r ill --- t7'tgt �/ e IJt,SY�s.zrg115M�.�if4t•S1�•IJ`i"`fy� S I� •zm ♦r <r;�l _ >< le INDIA,,, y' y . { ` L. {y,, II . J {�' • �rs� +4 _ _'Y R Ifii,r L� ' — 1 _.._a )'v.`r-L ��t 'i �I�' ll�j1-rt•..a.— TX JT I L�ItS��MQ� �. III rye I Y'T '� 1 �.' ipop < TH sryjii ¶ TTHST>• r .. �l__` _, _ _ x- • 11 n I pg /!'ORI�AT A L t- ��ip ,i O , 9.' )iN Si ` �i - t [ 1 � I -• �� t ' I I�IWll fl.u' PHIVAiE Dq I •� v xI=: TM5-t� I!≥Tf±ST < i I I II-, T y C,4 pli rAH[, Z! y yl4 GRIVATED I• • T x-✓ -1. y I� ; ,` r T Et "i✓% k •..;L hI Ii '•fr-�-1 ��k._. '�-- 13TH 5 •_ J VATEDR i Ii 1 A uiZlX Sf .._...... .. . SNATEUR • �� A l l� 7.. tC'CI i1STK57 i I i Overview Legend Boundary Subject Property `N_. Planning Area Cocoon Mast•r Street Plan RZN03-7.00 °000008 Overlay District• L — —1 City Limits 4`1till pdndpelMwi Streets Outside City 4y MNp Marlel j Planned ' • Co".clor ,.--._ • •• Hblalo COGMor 0 0.1 0.2 0.4 0.6 0. Miles