HomeMy WebLinkAboutOrdinance 4594mcrao
r mmomo
m nx O�
Nm ..
�30.0
O00~p-..
ORDINANCE N0.4594 Oo'"oo
4hbm O r OO
o C o+m
O A "o
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED O r•` o oa
IN REZONING PETITION RZN 04-1111 AS SUBMITTED BY O^am'o
ROB SHARP FOR PROPERTY LOCATED AT THE Om 0
NORTHWEST CORNER OF SOUTH SCHOOL AVENUE AND N MOM
6Tn STREET CONTAINING APPROXIMATELY 1.95 ACRES W m
FROM I-1. HEAVY COMMERCIAL, LIGHT INDUSTRIAL TO W r
C-2, THOROUGHFARE COMMERCIAL
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 I-1, Heavy Commercial, Light Industrial to C-2, Thoroughfare
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 20`h day of July, 2004.
A PPR t)V FT)
A:
;FAYETTEVILLE; By:
ATTEST:
By:
SO DRA SMITH, City Clerk
• 6
EXHIBIT "A"
RZN 04-1111
PART OF THE FORMER ARKANSAS AND MISSOURI RAILROAD RIGHT OF WAY
BETWEEN BLOCKS 14 AND 21 OF FERGUSON'S ADDITION TO THE CITY OF
FAYETTEVILLE, AND ALL OF LOTS 17 THROUGH 21 OF BLOCK 14 OF THE
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED
UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
WITH THE POINT OF BEGINNING BEING THE NORTHEAST CORNER OF ABOVE
MENTIONED LOT 21 IN BLOCK 14 OF THE FERGUSON'S ADDITION; THENCE
NORTH 87D 10' 16" WEST 182.10 FEET; THENCE NORTH 14D 4' 43" WEST 52.26
FEET TO A POINT ON SOUTH SIDE OF THE PRAIRIE AVENUE RIGHT OF WAY
AND 30 FEET FROM SAID RIGHT OF WAY CENTERLINE; THENCE NORTH 87D 10'
16" WEST 60.95 FEET ALONG SAID PRAIRIE AVENUE RIGHT OF WAY TO A
POINT ON THE CENTER PRAIRIE TRAIL RIGHT OF WAY; THENCE, SOUTH 2D 26'
34" WEST 76.27 FEET ALONG EAST SIDE OF SAID TRAIL RIGHT OF WAY;
THENCE SOUTH 14D 4' 43" EAST 212.04 FEET ALONG EAST SIDE OF SAID TRAIL
RIGHT OF WAY; THENCE IN A SOUTHERLY DIRECTION ALONG A CURVE WITH
A RADIUS OF 445.71 FEET AND A START ANGLE OF NORTH 75D 55' 24" EAST
AND AN END ANGLE OF SOUTH 84D I I' 48" EAST FOR A DISTANCE OF 154.65
FEET ALONG SAID TRAIL RIGHT OF WAY TO A POINT ON THE STATE HIGHWAY
180 RIGHT OF WAY; THENCE SOUTH 87D 2' 46" EAST 175.30 FEET ALONG SAID
HIGHWAY RIGHT OF WAY: THENCE NORTH 4D 4' 19" EAST 191.34 FEET ALONG
THE EASTERN SIDE OF LOTS 17 AND PART OF 18; THENCE NORTH 2D 12' 6"
EAST 190.98 FEET TO THE POINT OF BEGINNING.
6 •
Washington County, AR
I certify this instrument was filed on
08/11/2004 12:08:17 pM
and recorded in Real Estate
File Number 2004-
Bette St 00032437
mps - Circuit Clerk
b N
.r
i
NAME OF FILE: Ordinance No. 4594
CROSS REFERENCE:
Item # Date Document
1
07/20/04
Ord. 4594 w/Ex. A
2
07/02/04
memo to mayor & city council
3
draft ordinance
4
memo to Planning Commission
5
letter from Laura Kelly
6
Exhibit A
7
Fayetteville Fire Dept. Service Delivery Impact
8
letter from police department
9
copy of Close Up View
10
copy of One Mile View
11
copy of Future Land Use
12
copy of Planning Commission minutes
13
Staff Review Form
14
1 memo to Dawn Warrick
15
lAffidavit of Publication
16
17
18
19
20
21
22
23
24
25
NOTES:
D'eJ
7/rd /off
City Council M0ing of July 20, 2004 qs / l
Agenda Item Number
CITY COUNCIL AGENDA MEMO h1 ct Als>`�to�
8i�ar�
To: Mayor Coody and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: June 29, 2004
Subject: Rezoning request for The Mill District (RZN 04-1111)
RECOMMENDATION
Planning Staff recommends approval of the requested rezoning for The Mill District. This
action will rezone a 1.95-acre tract of land from I-1, Heavy Commercial/Light Industrial
to C-2, Thoroughfare Commercial. The request is to rezone the subject property to C-2.
BACKGROUND
Property Description: The sub ect 1.95-acre tract of land is located at the northwest
corner of S. School Ave. and 6 Street. Surrounding properties are zoned C-1, C-2, and I-
1 and are developed as primarily commercial properties. The Mill District is a large scale,
multi -use, infill development, approved in 2000. There are currently offices, a cafd, and
attached residential condominiums occupying the property. The eastern -most portion of
the Mill District tract, currently greenspace, is zoned C-2.
Proposal: The applicant proposes a rezoning of the subject property to facilitate
development on the site in a manner more appropriate with the Future Land Use Plan
designation for Mixed Use for this particular property. The I-1 zoning district does not
allow many of the Use Units allowed within the C-2 zoning district, such as a barber shop
or hair salon, tenants whom the applicant would like to accommodate.
On June 28, 2004, the Planning Commission voted 9-0-0 to forward this item to the City
Council with a recommendation for approval of the rezoning.
BUDGETIMPACT
None.
AT'
By:
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 04-1111 AS SUBMITTED BY
ROB SHARP FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF SOUTH SCHOOL AVENUE AND
6T" STREET CONTAINING APPROXIMATELY 1.95 ACRES
FROM 1-1, HEAVY COMMERCIAL, LIGHT INDUSTRIAL TO
C-2, THOROUGHFARE COMMERCIAL. \�
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: \ \
Section 1: That the zone, l classification of the f\o\owing described
property is hereby changedasfollows:�\ j
From I-1, Heavy Commercial, LigGt� Industrial to C-2, Thoroughfare
Commercial as shown in -Exhibit "A" attached -hereto and made a part hereof.
Section 2. ThatAtie-offi6al zoning map of the City of Fayetteville,
Arkansas, is hereby amended to'reflect the zoning change provided in
Section 1 above.
fZU&T
Sondra Smith, City Clerk
this `,`day of , 2004.
By:
DAN COODY, Mayor
0
EXHIBIT "A"
RZN 04-1111
PART OF THE FORMER ARKANSAS AND MISSOURI RAILROAD RIGHT OF WAY
BETWEEN BLOCKS 14 AND 21 OF FERGUSON'S ADDITION TO THE CITY OF
FAYETTEVILLE, AND ALL OF LOTS 17 THROUGH 21 OF BLOCK 14 OF THE
FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, AS DESIGNATED
UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE
CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND MORE PARTICULARLY DESCRIBED AS'FOLLOWS:
WITH THE POINT OF BEGINNING BEING THE NORTHEASTCORNER OF ABOVE
MENTIONED LOT 21 IN BLOCK 14 OF THE FERGUSON'S ADDITION; THENCE
NORTH 87D 10' 16" WEST 182.10 FEET; THENCE NORTH 14D 4'�43",WEST 52.26
FEET TO A POINT ON SOUTH SIDE OF THE'/PRAIRIE AVENUE RIGHT.OF WAY
AND 30 FEET FROM SAID RIGHT OF WAY CENTERLINE; THENCE NORTH.87D 10'
16" WEST 60.95 FEET ALONG SAID PRAIRIE AVENUE�\RIGHT OF WAY TO A
POINT ON THE CENTER PRAIRIE TRAIL RIGHiOF WAY; THENCE, SOUTH 2D 26'
11
34" WEST 76.27 FEET ALONG 'EAST
THENCE SOUTH 14D 4' 43" EAST 212:04
RIGHT OF WAY; THENCE IN A SOUTH
A RADIUS OF 445.71 FEET AND A STA
AND AN END ANGLE OF SOUTH 84D 1
FEET ALONG SAID/TRAILRIGHT OF W
180 RIGHT OF WAY; THENCE SOUTH 8
HIGHWAY RIGHT OF WAY: THENCE
THE EASTERN SIDE OF LOTS-.17 AND
EAST 190.98 FEET TO�THE%POINT OF BI
SIDE OF SAID,TRAIL RIGHT OF WAY;
FEET ALONG -EAST SIDE OF SAID TRAIL
ERLY DIRECTION.ALONG A CURVE WITH
RT ANGLE OF NORTH 75D 55' 24" EAST
1',48"EAST FOR A DISTANCE OF 154.65
AY TO A POINT ON THE STATE HIGHWAY
71)2' 46" EAST 175.30 FEET ALONG SAID
4D 4' 19" EAST 191.34 FEET ALONG
OF 18; THENCE NORTH 2D 12' 6"
l�
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of June 28, 2004
125 W. Mountain St.
Fayetteville, AR 72701
Telephone:(479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: June 21, 2004
RZN 04-1111: Rezoning (THE MILL DISTRICT, 523): Submitted by ROBERT SHARP for
property located at THE NW CORNER OF S SCHOOL AVENUE AND 6th STREET. The
property is currently zoned I-1, Heavy Commercial/Light Industrial, and contains approximately
1.95 acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial.
Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
NING COMMISSION ACTION: quired YES
R
Approved O Denied
June 28, 2004 w es01 A11t,9 9-o
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date:. July 20, 2004 (1" reading if recommended)
Comments:
BACKGROUND:
Property description: The subject property is located at the northwest comer of 6th Street and S.
School. The Mill District is a large scale, multi -use infill development approved in 2000. There
are currently offices, a cafe and attached residential condominiums occupied on the property.
Surrounding properties are zoned C-2, C-1 and I-1, and are developed primarily as commercial
uses.
K:IReports110041PCReportr106-18-041RT.N04-1111 (THEMLLL DLSTR/(77).do
Proposal: The applicant proposes a rezoning of the subject property to facilitate development on
the site in a manner more appropriate with the Future Land Use Plan designation for Mixed Use
for this particular property. The I-1 zoning district does not allow many of the Use Units allowed
within the C-2 zoning district. The eastern -most portion of the Mill District tract, currently
greenspace, is zoned C-2.
Request: The request is to rezone the subject property from I-1, Light Industrial/Heavy
Commercial to C-2, Thoroughfare Commercial.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
American Milling Co.
C-2, Thoroughfare Commercial
South
6 Street, Farmer's Cooperative
I-1, Lt Industrial/Heavy Commercial
East
Wal eens
C-2, Thoroughfare Commercial
West
SF home, business
C-1, Neighborhood Comm, I-1, Lt Ind.
INFRASTRUCTURE:
Streets: The property fronts onto and
is accessed from Sixth
Street
(Hwy 62) and S.
School, both of which do not
require improvements
at this
time.
Water: The property has access to a 6" water main along Sixth Street. This main should
be sufficient for development of this property.
Sewer: The site has access to an 8" sewer main across the site. This main should be
sufficient for development of this property.
Fire: The subject property is located 0.476 miles from Fire Station #1 on Center Street.
Fire response time is approximately 1-2 minutes.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density and thereby undesirably increase the
load on police services.
K:tRepora12004PCReporisIO6-28-04VZZN04-1111 (THEMILL DISTRICT).doc
LAND USE PLAN: The Future Land Use Plan designates this site for Mixed Use. Rezoning this
property to C-2 is consistent with the land use plan and is compatible with surrounding land uses
in the area.
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 proposed rezoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. Surrounding
properties are both commercial and residential in nature, with some limited
industrial operations surrounding. A C-2 zoning district would allow the
approved large scale development to realize many of its goals to provide a
mixed use development, comprised of neighborhood commercial, retail,
residential and office uses
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified and needed in order to facilitate the Future
Land Use plan for mixed.use land use on this property as well as provide the
applicant an opportunity to utilize the subject property in an appropriate
manner that is compatible with adjacent land uses. Development plans have
been approved for the subject property, however the underlying industrial
zoning does not allow for many of the small retail shops and businesses
allowed in a commercial zoning district.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create additional traffic danger and congestion.
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: The proposed zoning would not substantially alter the population density in
the area. Public service providers have responded accordingly:
Police — This rezoning will not substantially alter the population density thereby
undesirably increasing the load on police services.
Fire — Response time to the subject property (actual drive time) is approximately 1-
K:IReportsl20041PC Repor[s106-28-04IRZN 04-1111 (THE MILL DISTRIC7).doc
2 minutes (approx. 0.476 miles) from station #1 on Center Street.
Engineering - The property fronts onto
and is accessed from Sixth
Street
(Hwy 62) and S.
School, both of which do
not require improvements
at this
time.
The property has access to a 6" water main along Sixth Street. This main
should be sufficient for development of this property.
The site has access to an 8" sewer main across the site. This main should be
sufficient for development of this property.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K.-Reportrp0041PCReporUI06-28-04IRZN04-1111 (THEM/LL DISTRlC7).doc
161.17 District C-2, Thoroughfare 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 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 12
Offices, studios and related services
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 15
Neighborhood shopping oods
Unit 16
Shopping oods
Unit 17
Trades and services
Unit 18
Gasoline service stations & drive-in restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
(2) Conditional uses.
Unit 2
City-wide uses by conditional use e"it
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecbng recyclable materials
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
I None
Side, when contiguous to a residential district
1 15 ft.
Rear
1 20 ft.
(F) Height regulations. In District C-2 any building which exceeds the height of20 feet shall beset 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.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60%of the total area of such lot.
K. 1Reporal20041PC Reporu106-28-04VtZN 04-11 M (THEMILL D1STR1C7).doc
,0
161.20 District I-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this district
are intended to provide a degree of compatibility between uses permitted in this district and those in nearby
residential districts.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by ri ht
Unit 3
Public protection and utility facilities
Unit 4
Cultural
and recreational facilities
Unit 6
Agriculture
Unit 12
Offices, studios and related facilities
Unit 13
Ealing laces
Unit 17
Trades and services
Unit 18
Gasoline service stations & drive-in restaurants
Unit 21
1 Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Professional offices
Unit 27
Wholesale bulk petroleum storage
facilities with underground storage
tanks
(2) Conditional uses.
Unit 2
permit
City-wide uses by conditional7materials
Unit 19
Commercial recreation, small
Unit 20
Commercial recreation, large
Unit 28
Center for collectingrecyclableUnit
36
Wireless communications fac
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front, when adjoining A or R districts
50 ft.
Front, when adjoining C, I, or P districts
25 ft.
Side, when adjoining A or R districts
50 ft.
Side, when ad4oining C, I, or P districts
loft.
Rear, when adjoining C. I, or P districts
loft.
(F) Height regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any
building which exceeds the height of 25 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 25 feet.
(G) Building area. None.
K.Weportr12004NCReporGr106-28-04WZN04-1111 (THEMLLL DLSTRLC7).doc
May 27, 2004
Planning Department
City of Fayet(eville
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: MILL DISTRICT REZONING
To the Fayetteville Planning Commission and City Council:
A E G I S T. E D E 0
. ROBERT SHARP, ARCHITECT, rc
525 SOUTH SCHOOL AVE
SN 220
FAYETTEVILLE AR
PHONE: 479-442.0229
FAX: 479-442-0721
The Mill District
project
at 525
South School is currently zoned both C-2 and I-1. This request
for rezoning is to
change
the I-1
portion to be C-2.
st tts
�.'
stmms
lI
PRnning Am
®
lakes
Bulbings
Z inq
®
at
®
MD
®
MD
■
62
■
C-3
0gAp
CA
99
t l
®
1.2
®
PI
®
0.A
®
0.0
®
0.-S
®
0.T-IS
M"
■
0.MF-32
■
gMFSB
WM 23
■
PNF In
ASF I
Sig
The Fayetteville General Plan 2020 specifically requests private mixed -use development on the
south side of town: "Much of south Fayetteville is shown as a mixed use area because it is in
need of redevelopment and can accommodate future development."' The Mill District Project
has advanced this goal directly by accommodating many varying uses.
However, due to
the restructuring of the Use Units
in the Unified Development Ordinance in
the
summer of 2003,
some of the previously allowed
uses are no longer acceptable under the
I-1
l Fayetteville General Plan 2020, December 1995, page 74,
Rc ni&wps
paW I
MH DtA3;n
Pmjc d Number 97044
However, due to the restructuring of the Use Units in the Unified Development Ordinance in the
summer of 2003, some of the previously allowed uses are no longer acceptable under the 1-1
"Light Industrial / Heavy Commercial" zoning. For instance, a small barber shop or hair salon is
no longer allowed. For this reason, the owner would like to change the zoning to all be C-2
zoning which will allow a greater mix of services for the burgeoning neighborhood.
Although these changes will most likely become unnecessary when the Dover -Kohl
recommended form -based code system is put in place, which will encourage mixed -uses, the
owner cannot wait until that ordinance takes affect.
We appreciate your consideration of this issue, and the resulting further development of quality
services on the south side of Fayetteville.
Sincerely,
i
Laura Kelly
Robert Sharp, Architect
Rezoning.wps Mill District
page 2 Project Number 97044
Exhibit "A"
Legal Description of the I-1 area of the Mill District:
Part of the former Arkansas & Missouri Railroad right of way between Blocks 14 and
21 of Ferguson's Addition to the City of Fayetteville, and all of Lots 17 through 21 of
Block 14 of the Ferguson's Addition to the City of Fayetteville, as designated upon the
recorded plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio
Recorder of Washington County, Arkansas, and more particularly described as follows:
With the Point of Beginning being the northeast Corner of above mentioned Lot 21 in
Block 14 of the Ferguson's Addition; thence North 87d 10' 16" West 182.10 feet; thence
North 14d 4' 43" West 52.26 feet to a point on south side of the Prairie Avenue right of
way and 30 feet from said right of way centerline; thence North 87d 10' 16" West 60.95
feet along said Prairie Avenue right of way to a point on the Center Prairie Trail right of
way; thence, South 2d 26' 34" West 76.27 feet along east side of said trail right of way;
thence South 14d 4' 43" East 212.04 feet along east side of said trail right of way; thence
in a Southerly direction along a curve with a radius of 445.71 feet and a start angle of
North 75d 55' 24" East and an end angle of South 84d 11' 48" East for a distance of
154.65 feet along said trail right of way to a point on the State Highway 180 right-of-
way; thence South 87d 2' 46" East 175.30 feet along said highway right-of-way: thence
North 4d 4' 19" East 191.34 feet along the eastern side of Lots 17 and part of 18; thence
North 2d .12' 6" East 190.98 feet to the Point of Beginning.
i-- STRccr-- -- s- -- , F Shaded area represents area
2E 95 i„i described by above legal description.
1 � ,22 $$ �
—_—� pall,,
23 1 SI�a 12?.2 $
u
—M xl e: i4 19 qt4 — u EXHIBIT "All
zo A l s @ 5 P OPERTY TO BE RE
" ' — AS
sBMITTED BY T
1 t $--sx
is n t — i —7
17 B j 2 y }€ al ---- Signatur
x a p,canrs Signatur
s-'I 4 a u' j Laura Kelly, Robert Sharp Architect
a 28 May 2004
-.. ..- -J SAT; ._. NO.1 AO- . __... ._.:. _-.. ...
a
"
m
E 5
Sw
m
1490 x
a`pl0
m °
fm
m E 5
O
o D O
E
m
omm
P
a
x
O.
LL
m m
o E 5
202
m = O
u E
m
m
a
Z x -
O
d
m
U
N i m
m
e
o E
7
O
w
O
m
x
a
a
f a
y
ms;,s
m
m
m m
E
m
�
a
m m
m
p
IE- m
>
p
m e
a
C
oa'
0 0
m a`
=
rc o
•
oc
� o
m
z
;
LL
O
(
D
�
m
�
D
LL G
l
1
a -
D
p 8
00
U
L
f
1
)
�
c
i
u
<
a
r
i
1
G
°
N
C
C
1
Q
I
C
._
O
[
e
C
C
a
°
N
m
0
m
o
X
Z
Q
m m N N N m N
°10i w w d v m m
T rr r TTr
co
N
N N m m m N
N O r T r t0 rD
N
E SEE �c•EEC
n m Eu' n E Evl�n E
f0 m Oj Vi Oj (U N
N
E ESE EEEEE
V 10 � aD c7 DO N �
D N N W W °I ? N OR .
E E'E'E E E'E'E E
j N V (") CI Ci ('ENO
(n U to
LL LL'V LL LL
N N (n N co (n (n m (1)
I j ]LL j LLLLLL jLL'
I L J J
LL LL LL LL
I th O)
rn
1 cn�I W
N
C
O
C
O
C
O
>
U
>
O
C
C
O
O
U
O
_;
m
m
Z'
=
O
Co
_
n
n
U
m
2
2
m
c
m
U
N
C
v
o�mo
�N(7
V
m
m
rn
m
o
0
0
0
0
v.v
v
v
v
v
v
v
v
o
0
0
0
0
0
0
0
0
0
0
Z
X
Z
Z
X
Z
Z
Z
Z
Z
N
Z
N
N
Z
N
N
N
N
N
m
Q
QY
aY
Q
IY
cra�K
IY
FAME .ArEVI LLE
THE CRY OF FAYETTEVILLE, ARKANSAS
June 18, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
>•
This document is in response to the request for a determination of whether the proposed
RZN 04-1111: Rezoning (The Mill District pp 523) submitted by Robert Sharp for
property located a the NW corner of S. School Ave and 6t' Street would substantially
alter the population density and thereby undesirably increase the load on public services
or create and appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this annexation will not
substantially alter the population density and thereby undesirably increase the load on
police services or create and appreciable increase in traffic danger and congestion in the
area.
Sincerely, , ,uten,e ant W Ili/i Brown
Fayetteville Police Department
POLICE DEPARTMENT
AYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
:O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
AYETTEVILLE, ARKANSAS 72702-1988 PHONE:501-5873555 FAX:501-5873522
�IF.'1I:
0 '!
RZ 04-11 1 THE MILL DISTRICT, LLC
Future Land se
. ..
RMF40
®. L
Fi
-�
I. .. r
Y1tNM17E � FR4(atEST` •PAAI}n�5f
S_ U6JECT PROPERTY }
.. - 1 Mixetl Use : :: : ::
RMF24
Rim .. i, • r - •',1` - I• �' a :
.I
'I' ...I: - 61 .I ... _ .j ��-
im-
T UQQ
-Mrxed'S15e' a aI f
® O C r::[::::::::[
, a mmuni E 9YGF24�
z T •1.1 •f -
I• -r - �-/ - —_ — Re ip I Eo dal
.. ... .�.
._I ........
.. I
.. �- ®I . . .. . . . .. \. PF�lr�i II '1 RMF24
..\ �_ rI
r RMF24 : .. ,�.-._._.�_._.____ : .. 1 _T.
Overview _ Legend
--.-_ Subject Property
Boundary Master Street Plan
-'---_- -= R7N04-1111 ,� •
-- 0�%.i Planning Area V Freeway/Expressway
Overlay District -
Streets Overlay
pM Principal Arterial
coo
�
a Minor Arterial
ExExisting Outside City A V
Planned %s Collector
- .. Historic Collector
0 75 150 300 450 600
Feet
Planning Commission • •
June 28, 2004
Page 83
RZN 04-1111: Rezoning (THE MILL DISTRICT, 523): Submitted by ROBERT
SHARP for property located at THE NW CORNER OF S SCHOOL AVENUE AND 6th
STREET. The property is currently zoned I-1, Heavy Commercial/Light Industrial, and
contains approximately 1.95 acres. The request is to rezone the subject property to C-2,
Thoroughfare Commercial.
Ostner: The next item on our agenda is RZN 04-1111.
Pate: This property is located at the northwest corner of S. School Avenue and
6'h Street. It is currently zoned I-1, Heavy Commercial/Light Industrial
and contains approximately 1.95 acres. The request is to rezone the
subject property to C-2, Thoroughfare Commercial. The Mill District is a
large scale, multi -use infill development project which was approved in
the year 2000. Surrounding properties are zoned C-2, C-1 and I-1 and are
developed primarily with commercial uses. The second half of the
property is actually adjacent to 6'h Street and S. School is already zoned C-
2 which was processed as a Large Scale Development as an I-1 and C-2
zoning district. The applicant is proposing a rezoning of the subject
property to facilitate development on the site in a manner which is more
appropriate with the Future Land Use Plan designation from mixed use for
this particular property. The I-1 zoning district does not allow many of the
use units allowed within a commercial zoning district. The easternmost
portion of the Mill District tract, which is currently greenspace, is zoned
C-2. Staff finds that the proposed rezoning is consistent with land use
plan objectives, principles and policies, as well as the future land use plan
designation for mixed use in this area. Staff is recommending approval of
the request by the applicant to rezone the property to C-2.
Ostner: Thank you. Is the applicant present? If you could introduce yourself and
give us your presentation please.
Sharp: My name is Robert Sharp. I represent the Mill District LLC. We concur
with the staff report for the recommended rezoning. I feel it is a more
appropriate land use for that part of town and I would be happy to answer
any questions.
Ostner. Thank you. At this point I will open it up to the public. Is there anyone
from the public who would like to speak to this issue, rezoning of the Mill
District? Seeing none, I will close it to the public and bring it back to the
Commission. There are still some areas surrounding this that are zoned
Industrial, how does this rezoning affect their zones?
Warrick: It doesn't affect their zones.
Ostner: Don't they get different setbacks and different rules when they abut a
commercial zone?
Planning Commission • •
June 28, 2004
Page 84
Warrick: Usually the distances are based on commercial or industrial. There may
be some slight setback changes but primarily when you have a difference
between the setback from the boundary of an industrial property it would
be a setback difference at a greater distance if the property adjacent were
residential or agricultural and a lesser setback if the property was
commercial or industrial.
Ostner. Thank you.
Anthes: 1 love this project. I wondered if you would be willing to omit Use Unit
18 from the rezoning request? Use Unit 18 is Gasoline Service Stations
and Drive In Restaurants. I believe that this project and this piece of
property and the way it is developed is walkable. The farmers market
there on Thursday is great and I would hate to see drive through lanes and
moving traffic through this site. Not that you would ever propose that but
another owner in the future might. I would like for you to consider that
and I wondered if you had comments.
Williams: Before you answer that I need to make a comment. That is in the nature of
a Bill of Assurance that cannot be requested by the Planning Commission.
You don't need to respond to that and probably should not and we should
not make requests like that to applicants for rezonings.
Anthes: We know we have seen those things on other rezonings before and if the
applicant likes to bring something like that forward they may. Is that the
way those have happened in prior rezoning requests?
Williams: Yes. The applicant is the one who voluntarily offers such Bill of
Assurance rather than being requested by either the City Council or the
Planning Commission to in fact, bring forth a Bill of Assurance.
Anthes: I had seen those before and I stand corrected, thank you.
Ostner: If I could comment to that item. I believe Dover, Kohl drew a gas station
that none of us had ever thought of. It didn't look like a gas station. It
was sort of an alleyway. I think it was the comer of Maple and College. I
live near this area. If someone could tuck a gas station like that I would be
thrilled to not have to drive to Razorback to get gas. This is the proposed
downtown master plan but the zone they are calling for I believe they are
calling it neighborhood edge, are you familiar with that?
Sharp: I believe it is neighborhood center. It would allow the kind of use that we
are talking about for this property, which is a hair salon and a dress shop.
Planning Commission is •
June 28, 2004
Page 85
Ostner: That was my next set of questions is if the master plan were approved in
it's current form how would that affect this rezoning request?
Warrick: It wouldn't unless an ordinance were then approved to support the zoning
designations that are suggested within that plan. That is what is moving
forward through the review process. It is an informational item being
presented to the City Council next week and staff is pleased that we are
finally able to get the plan out for review. It is still going to take some
time. Once the study has been adopted if the Council so chooses, then we
will be directed to follow that up with ordinances to implement the plan.
Ostner: I guess what
I'm shooting at
is does this
rezoning request fall in line with
the goals and
strategies of the
downtown
master plan?
Warrick: We believe it does within the parameters of our current zoning
designation.
Ostner: Thank you.
MOTION:
Anthes: I move for approval of RZN 04-1111 with a positive recommendation to
City Council.
Allen: I will second.
Ostner: Is there further discussion? Renee?
Roll Call: Upon the completion of roll call the motion to recommend approval of
RZN 04-1111 was approved by a vote of 9-0-0.
Thomas: The motion carries by a vote of nine to zero.
STAFF RE* FORM - NON -FINANCIAL OBATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of:
FROM:
Dawn Warrick Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
PO ►IIIIL'1
CP&E
Department
RZN 04-1111 (The Mill District, pp 523) was submitted by Rob Sharp for property located at the northwest
comer of South School Avenue and 6th Street containing approximately 1.95 acres. The request is to rezone
the subject property from I-1, Heavy Commercial, Light Industrial to C-2, Thoroughfare Commercial.
STAFF RECOMMENDATION
Department Director
Approval.
Date
�ll`1 /61
Date
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Finance & Internal Services Dir. Date Orig. Contract Date:
Chie dminis�tive Officer
Mayor
�- �D
Date
a
Date
Orig. Contract Number:
New Item:
Date '"\
Yes No
FAYETTEALLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division n
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: July 23, 2004
Re: Ordinance No.4594
Attached is a copy of the above ordinance passed by the City Council, July 20, 2004, approving RZN 04-
1111. which rezones property located at the northwest corner of South School Avenue and 6" Street
containing 1.95 acres.
This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please
let the clerk's office know.
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
AFFIDAVIT OF PUBLICATION
I, Ado solemnly swear that I am
Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
l
! � w �f Jq(q was inserted in the regular editions on
-��i 7�-�- Off•
PO#
`* Publication Charge: $ 0
Subscribed and sworn to before me this
day of 7L,t 2004.
.. •
My Commission Expires: 07/425--/Pi3
" Please do
not
pay
from Affidavit.
An
invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Notary WAS NGTION COUNTY RECEIVED
My Commission Expires 07-25-2013 JUL 2 8 20f}4
CITY OF FAYETTEVILLE
CITY CLERICS OFFICE
212 NORTH EAST AVENUE 0 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
ORDINANCE REZONING THAT AS SUB DESCRIBED IN
:OWING PETITION RZN LOCATED
1111 AS SUBMITTED H ROB
IRE FOR PROPERTY LOCATED AT THE NORTHWEST
INER4TAN NG SOUTH SCHOOL
ATELY 1 AVENUE5ACAND 6M STREET AnnAFrs
OMERCG APPROXIMATELY IAL ACRES FROM O HFAR
dMERCIAL. LIGHT INDUSTRIAL TO C-2, THOROUGHFARE COMMERCIAL
IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETTEMLLE1 ANNA
ten 1: That the zone classification of the t01ew41g 6escrltee property is hereby Wazged as
n 1-1, Heavy Ce merdal, UgM Intl=nlal 10 C-2, Thoro ghtare Cartrreclal as down in E<
Mee hereto are r aae a Pan hereof.
ten 2: That the oriical zonxg map of the City of FayehevlR8, Arkansas, k hereby ameneed t
zttag flange f>ovklee a Section 1 above.
RED and APPROVED Yns 20th day of JOK 2034
PART OF THE FORMER ARKANSAS AND
14 AND 21 OF FERGUSGN'S ADDITION
EXHIBR'A'
RZN 04.1111
ADDRKHJ TO
T CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY ARKANSAS, AND MORE
UMLARLY DESCRIBED AS FOLLOWS:
H THE POINT OF BEGINNING BEING THE NORTHEAST CORNER OF ABOVE MENTIONED LOT
N BLOCK 14 OF THE FERGUSON'S ADDMON: THENCE NORTH 87D 10' 16' WEST 182.10 FEET,
=NCE NORM 140 4' 434 WEST 52.26 FEET TO A POINT ON SIXTH SIDE OF THE PRAIRIE
:NUE RIGHT OF WAY AND 30 FEET FROM SAID RIGHT pF WAY CENTERLINE: THENCE NORTH
) 10' 16• WEST 60.95 FEET ALONG SAIO PRAIRIE AVENUE RIGHT OF WAY TO A POINT ON THE
4TER PRAIRIE TRAIL RIGHT OF WAY; THENCE, SOUTH 2D 26' 34' WEST 76.27 FEET ALONG
ii SIDE OF SAID TRAIL RIGHT OF WAV; THENCE SOUTH 14D 4' 43' EAST 212.04 FEET ALONG
iT SIDE OF SAID TRAIL RIGHT OF WAY, THENCE IN A SOUTHERLY DIRECTION ALONG A CURVE
H A RADIUS OF 445.71 FEET AND A START ANGLE OF NORTH 75D 55' 24' EAST AND AN END
SLE OF SOUTH 84D 11' 48' EAST FOR A DISTANCE OF 154.65 FEET ALONG SAID TRAIL RIGHT
WAY TO A POINT ON THE STATE HIGHWAY 180 RIGHT OF WAY. THENCE SOUTH 87D 2- 46-
i7175.30 FEET ALONG SAID HIGHWAY RIGHT OF WAY THENCE NORTH 4D 4' 19' EAST 191.34
T ALONG THE EASTERN SIDE OF LOTS 17 AND PART OF 18: THENCE NORM 2D 12' 6' EAST
.98 FEET TO THE POINT OF BEGINNING.
RECEIVED
JUL 2 8 2004
CfTY OF FAYETTEVILLE
CITY CLERK'S OFFICE
