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HomeMy WebLinkAboutOrdinance 5221 qq�� „„ IIIIII IIII Doc ID : 012754970003 Tvoe : REL Recorded : 03/ 13/2009 at 01 : 50 : 57 PM Fee Amt : $25 . 00 Paae 1 of 3 Mashlnoton Countv . AR Bette Stews(�Circuit Clerk /� Flle2009-0000742/� (�V ORDINANCE NO. 5221 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3189, FOR APPROXIMATELY 4.08 ACRES, LOCATED AT 20 DICKSON STREET FROM C-PZD 05- 1704 FIRST BAPTIST CHURCH TO MSC, MAIN STREET CENTER 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-PZD 05- 1704 First Baptist Church to MSC, Main Street Center, as shown on Exhibits "A" and "B" 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. 01 NO10 //* fib �Ns,% PASSED and APPROVED this 3rd day of March, 2009. ? .gas ddb•:z�-= APPROVED- ATTEST: : 3111A3U3Ad3 • / �) P ELD JO AN, Mayor S NDRA E. SMITH, City Clerk/Treasurer r - EXHIBIT "A" RZN08-3189 FIRST BAPTIST CHURCHMICKSON Gose Up view LJ NOVNi M°Rp 5T zr i w _ IA9L RSfJ SUBJECT PROPERTY , I�I i -a WAP EST W ! . . »:. .y: . —>:e+ , • . UEpYEfiE ST m low G 1 J1 G e . 1 - - �ED wasox s wcssoR w — �.- _ wcssou sr DXKR xsi o�<xwR ,r � ,. WCKs s, i x e O,�pview A 0 7s iso 300 450 600 o...... Feel i EXHIBIT "B" RZN 08-3189 A PART OF BLOCK NUMBERED TEN (10) OF THE COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE ORIGINAL SOUTHWEST CORNER OF LOT SIX (6) OF SAID BLOCK TEN ( 10), SAID POINT BEING IN DICKSON STREET; THENCE NO2050'34"E ALONG THE WEST LINE OF SAID BLOCK TEN ( 10) 13 . 16 FEET TO A SET 1 /2" IRON REBAR AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF DICKSON STREET FOR THE TRUE POINT OF BEGINNING; THENCE S87003 ' 19"E ALONG THE NORTH RIGHT-OF-WAY LINE OF DICKSON STREET 234.95 FEET TO A CHISELED "X" IN A CONCRETE SIDEWALK AT THE BEGINNING OF A TANGENT 50 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE 78.26 FEET, THE CHORD FOR WHICH BEING N47047'09"E 70.51 FEET, TO A SET 1/2" IRON REBAR AT THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE; THENCE N02037' 37E ALONG SAID RIGHT-OF-WAY 497.00 FEET TO A SET 1/2" IRON REBAR; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE N87003 '20"W140.39 FEET TO A SET 1/2" IRON REBAR; THENCE NO2°50' 33"E 105 .25 FEET TO A SET 1 /2" IRON REBAR ON THE SOUTH LINE OF LOT ONE ( 1 ) OF SAID BLOCK TEN ( 10); THENCE N87°13 ' 09"W ALONG THE SOUTH LINE OF SAID LOT ONE ( 1 ) 42.42 FEET TO AN EXISTING CONCRETE MONUMENT; THENCE NO2°33 '24"E 67.78 FEET TO AN EXISTING IRON PIPE; THENCE N87°22'40"W 99.89 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID BLOCK TEN (10), SAID POINT ALSO BEING THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE; THENCE S02043 '02"W ALONG THE EAST RIGHT-OF-WAY OF HIGHLAND AVENUE 67.50 FEET TO AN EXISTING 1/2" IRON REBAR; THENCE S02050' 34"W 651 .84 FEET TO THE POINT OF BEGINNING. -------------------- Washington County, AR I certify this instrument was filed on 03/13/2009 01 :50:57 PM and recorded in Real Estat File Number 2009-000074 6 Bette Stamps - Circui C by RECEIVED MAR 112009 Arkansas Democrat Oaxette CITY OF FAY CITY CLERK'S S OFFICE • - - --------- --- Northwest Arkansas Times Benton County Daily Record P . O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville Ordinance 5221 March 9, 2009 Publication Charge : $ 107,. 60 Signed: --- W1J"----- Subscribed and sworn to before me This /0 day of Mallt,(_ 2009 . Notary Public My Commission Expires: 'f Do not pay from Affidavit, an invoice will be sent ASN A.�•?R _W04AM. ,Lj1 PLISOC ` iN N,. P` RECEIVED MAR 112009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO, 3221 AN ORDINANCE REZONING THAT PROPERTY DESCRIBEDREZONING PETITION RZN08. FOR APPROXIMATELY 4-08 ACRES, LOCATEDDAT AT 20 DICKSON STREET FROM C-PZD 05-1704 FIRST BAPTIST CHURCH TO MSC, MAIN STREET CENaye - TER ARKANSAS BE IT ORDAINED BY THE CIT' COUNCIL OF THE CITY OF FAYETTEVILLE, ARIUINSAM Section 1: That the zone classification of the following described property is hereby changed as I& lows: From C-PZD 05,1704 First Baptist Church to MSC, Main Street Center, as sham on Exhibits °A' amt "B- attached hereto and made a pan hereof. Section 2: That the official zoring map of the City of Fayetteville, Arkansas Is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 3rd day a March, 2009. APPROVED: ATTEST: By. By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClorklMMwor 1 Exhibit A Is a map and may be viewed in the office of the City CleNTreesuref during normal busi- ness hours. EXHIBIT *B* RZN 00-3189 / A PART OF BLOCK NUMBERED TEN (10) OF THE COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM- MENCING AT THE ORIGINAL SOUTHWEST CORNER OF LOT SIX (6) OF SAID BLOCK TEN (10), SAID POINT BEING IN DICKSON STREET; THENCE 1402050-34-E ALONG THE WEST UNE OF SAID BLOCK TEN (10) 13.16 FEET TO A SET 112" IRON REBAR AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF DICKSON STREET FOR THE TRUE POINT OF BEGINNING; THENCE S87003194E ALONG THE NORTH RIGHT- OF-WAY LINE OF DICKSON STREET 234.95 FEET TO A CHISELED 'X' IN A CONCRETE SIDEWALK AT THE BEGINNING OF A TANGENT 50 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTH- EASTERLY ALONG SAID CURVE 78.26 FEET, THE CHORD FOR WHICH BEING N47°47'09'E 70.51 FEET. TO A SET 112- IRON REBAR AT THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING ON THE WEST RIGHT-0F-WAY LINE OF COLLEGE AVENUE; THENCE Non7'37'E ALONG SAID RIGHT-OF-WAY 497.00 FEET TO A SET 1124 IRON REBAR; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE 1487003'20'W140.39 FEET TO A SET 1124 IRON REBAR; THENCE N02050'330E 105.25 FEET TO A SET 112' IRON REBAR ON THE SOUTH LINE OF LOT ONE (1)OF SAID BLOCK TEN (10); THENCE NB713'09VW ALONG THE SOUTH LINE OF SAID LOT ONE (1) 42.42 FEET TO AN EXISTING CONCRETE MONUMENT; THENCE NO2 T24-E 67.78 FEET TO AN EXISTING IRON PIPE; THENCE NBr22'40'W 99.89 FEET TO AN EXISTING IRON ON THE WEST LINE OF SAID BLOCK TEN (10), SAID POIM ALSO BEING THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE; THENCE S02'4302'W ALONG THE EAST RIGHT-OF-WAY OF HIGH- LAND AVENUE 67.50 FEET TO AN EXISTING 112- IRON REBAR; THENCE 902050'34V 651.84 FEET TO THE POINT OF BEGINNING. URD City of Fayetteville Staff Review Form 313101 City Council Agenda Items -saa / and Contracts, Leases or Agreements >�i�r�f 3/3/2009 k/7A U(C 1. City Council Meeting Date �1 Agenda Items Only Jeremy Pate * Planning Operations Submitted By Division Department Action Required: RZN 08-3189: (First Baptist Church, 484): Submitted by Miller, Boskus, and Lack for property located at 20 East Dickson Street. The property is zoned C-PZD 05-1704 First Baptist Church, and contains approximately 4.08 acres. The request is to rezone the subject property to MSC, Main Street Center. Cost of this request Category I Project Budget Program Category / Project Name $ Account Number - Funds Used to Date Program I Project Category Name Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: _2 — f J — 0 Original Contract Number: City Attorney Date Qk _ 2 - t 3 -oq Finance and Internal Services Director Date Received in City fE'?Fp CIerWs Office �D'i hi of aff bate Received in Mayor's Office /3 O ,ayor ` /Date Comments: Revised January 15, 2009 City Council Meeting of March 3, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy C. Pate, Director of Current Planning Date: February 10, 2009 Subject: Rezoning for First Baptist Church (RZN 08-3189) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property from C-PZD 05- 1704 (First Baptist Church), to MSC, Main Street Center located at 20 E. Dickson Street. BACKGROUND The subject property is located at the southwest corner of College Avenue and Dickson Street and is zoned C-PZD 05- 1704 (First Baptist Church). The church buildings and adjacent parking lots were previously zoned C-2, Thoroughfare Commercial and R-O, Residential Office. The 30-50' building setbacks required by these zoning districts, and the fact that a church is not a permitted use in the R-O zoning district, created challenges for the church's planned expansions. Accordingly, the owners requested a unique PZD zoning classification and received approval from the City Council on January 03, 2006. The PZD zoning district allowed Cultural and Recreational Facilities as a use by right and allowed future buildings to be located up to the right-of-way line. As required with all PZD applications, specific timeframes were established for development, creating strict deadlines for expansion without consideration of available funding. The church was aware of this requirement, as noted in the PZD booklet. However, in 2006, prior to adoption of the Downtown Master Plan zoning districts, the church had no other reasonable alternatives, such as rezoning to Main Street Center. , DISCUSSION This item was heard at the regular Planning Commission meeting on February 9, 2009. The Planning Commission voted 7-0- 1 to forward this rezoning request to the City Council with a recommendation for approval with Commissioner Lack recusing. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3189, FOR APPROXIMATELY 4.08 ACRES, LOCATED AT 20 DICKSON STREET FROM C-PZD 05- 1704 FIRST BAPTIST CHURCH TO MSC, MAIN STREET CENTER 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-PZD 05-1704 First Baptist Church to MSC, Main Street. Center, as shown on Exhibits "A" and "B" 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 12009. APPROVED: P ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN08 3189 FIRST BAPTIST CHURCHMICKSON Close Up View "u0uui pfd _ ti 1 F7 ! dtr► SUBJECT PROPERTY urnrn'res 1 _ . ✓ '�� . ! r urnrcnrsr j y. '• s ' is ps f "l ', �p @ _ >ni rl: 6 lt� 1F .T � �� { k - a is ► a ' ' rorI r� � . . _ DICKSON s[ _ QK¢cpnsr Di ks N s r U:IXJjM 1 'R��� Mason s ij. i Ir r It it �. � w,. 4 ! . u� .• L y�,9f t k 7 1 O,tcmew Ft 0 75 150 300 650 600 or...... Fen .. i it i• EXHIBIT "B" RZN 08-3189 A PART OF BLOCK NUMBERED TEN (10) OF THE COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL SOUTHWEST CORNER OF LOT SIX (6) OF SAID BLOCK TEN (10), SAID POINT BEING IN DICKSON STREET; THENCE NO2°50'34"E ALONG THE WEST LINE OF SAID BLOCK TEN (10) 13 . 16 FEET TO A SET 1/2" IRON REBAR AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF DICKSON STREET FOR THE TRUE POINT OF BEGINNING; THENCE S87°03 ' 19"E ALONG THE NORTH RIGHT-OF-WAY LINE OF DICKSON STREET 234.95 FEET TO A CHISELED "X" IN A CONCRETE SIDEWALK AT THE BEGINNING OF A TANGENT 50 FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE 78.26 FEET, THE CHORD FOR WHICH BEING N47047709"E 70.51 FEET, TO A SET 1/2" IRON REBAR AT THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE; THENCE NO2037' 37"E ALONG SAID RIGHT-OF-WAY 497.00 FEET TO A SET 1/219 IRON REBAR; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF COLLEGE AVENUE N87003 '20"W 140.39 FEET TO A SET 1/2" IRON REBAR; THENCE NO2°50'33"E 105.25 t , FEET TO A SET 1 /2" IRON REBAR ON THE SOUTH LINE OF LOT ONE (1 ) OF SAID BLOCK TEN ( 10); THENCE N87°13 '09"W ALONG THE SOUTH LINE OF SAID LOT. ONE . ( 1 ) 42.42 FEET TO AN EXISTING CONCRETE MONUMENT; THENCE NO29,33'24"E'67.78 . FEET TO AN EXISTING IRON PIPE; THENCE N87°22'40"W 99.89 FEET.TO AN , EXISTING IRON ON THE WEST LINE OF SAID BLOCK TEN. ( 10), SAID POINT ALSO BEING THE EAST RIGHT-OF-WAY LINE OF HIGHLAND AVENUE; THENCE S02043102"W ALONG THE EAST RIGHT-OF-WAY OF HIGHLAND AVENUE 67.50 FEET TO AN EXISTING 1/2" IRON REBAR; THENCE S02°50'34"W 651 .84 FEET TO THE POINT OF BEGINNING. • TayeV V1PC Meeting of February 9, 2009 KANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,.AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Jw &• 'r4�oo Updated February 10, 2009 RZN 08-3189: (FIRST BAPTIST CHURCH/DICKSON, 484): Submitted by MILLER, BOSKUS, LACK for property located at 20 E. DICKSON STREET. The property is zoned C-PZD, COMM. PLANNED ZONING DIST. and contains approximately 4.08 acres. The request is to rezone the subject property to MSC, Main Street Center. Planner: Jesse Fulcher BACKGROUND: Property description and background.- The subject property is located at the southwest comer of College Avenue and Dickson Street and is zoned C-PZD 05- 1704 (First Baptist Church). The church buildings and adjacent parking lots were previously zoned C-2, Thoroughfare Commercial and R-O, Residential Office. The 30-50' building setbacks required by these zoning districts, and the fact that a church is not a permitted use in the R-O zoning district, created challenges for the church's planned expansions. Accordingly, the owners requested a unique PZD zoning classification and received approval from the City Council on January 03, 2006. The PZD zoning district allowed Cultural and Recreational Facilities as a use by right and allowed future buildings to be located up to the right-of-way line. As required with all PZD applications, specific timeframes were established for development, creating strict deadlines for expansion without consideration of available funding. The church was aware of this requirement, as noted in the PZD booklet. However, in 2006, prior to adoption of the Downtown Master Plan zoning districts, the church had no other reasonable alternatives, such as rezoning to Main Street Center. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Office/Commercial MSC, Main Street Center South Church/Office MSC, Main Street Center East Office/Cornmercial MSC, Main Street Center West Church MSC, Main Street Center klReporaI2009WC Reports103 - Febmary 91R7-1V 08-3189 (First BapBst Church).doc Proposal: The applicant proposes a rezoning of the subject property from C-PZD 05-1704 to MSC, Main Street Center, as this zoning district, which was create uniquely for the downtown area, will facilitate growth and development that is desired by both the church and the city. INFRASTRUCTURE: Streets: The site has access to Highland Avenue, Dickson Street and College Avenue. Street improvements will be evaluated at the time of development. Water: There is an 8" waterline along College, a 12" line along Dickson and a 6" line along Highland. Water may need to be extended through the site at the time of development. Sewer: There are 8" mains along College, Dickson and Highland. Sewer service may need to be extended through the site at the time of development. Improvements to the sewer system may .be required dependent upon the demand placed by the development. The capacity of the existing main may.need to be studied at the time of , . development. Fire: The subject property is located approximately a %z mile from Fire Station # l . Response time to the property is approximately 2 minutes, which is acceptable, and above the City's goal of having the first unit on the scene within 6 minutes, 90% of the time, and the City's goal of assembling all responding units to the scene of a moderate risk assignment within 10 minutes, 90% of the time. There should be no adverse effects on call volume. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density or create an undesirable increase in the load on police services. The rezoning will not create an appreciable increase in traffic danger and congestion. RECOMMENDATION: Staff recommends approval of the requested rezoning to MSC, Main Street Center, based on the findings included as part of this report. K.IRepone120091PC Reportc102- January 261RZN 08-3189 (Firs, Baptisl Church).doc