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Home My WebLink AboutOrdinance 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.