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 //*
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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
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EXHIBIT "A"
RZN08-3189 FIRST BAPTIST CHURCHMICKSON
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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
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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
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LAND USE PLAN: The Future Land Use Plan adopted as part of the City Plan 2025 designates this
site Complete Neighborhood Plan -Downtown Master Plan. Rezoning. this. property to Main
Street Center would be consistent with the zoning districts assigned to the property within the
Downtown Master Plan (DMP) area. All of the surrounding properties were rezoned to Main Street
Center with adoption of the DMP; however, the subject property was not rezoned, since the property
had been previously rezoned to a unique PZD designation.
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 subject property was included within the Downtown Master Plan boundary
and the Main Street Center zoning district was created specifically for certain
properties within the master plan boundary. Therefore, rezoning the property
to Main Street Center would be consistent with land use planning objectives,
principles,•and policies and with the land use and zoning plans. In addition,
future development on the site would be consistent with other properties in the
district, including parking lot improvements, architectural design standards,
etc.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezoning of the property is justified at this time, due to the fact that the PZD
approval requires the church to develop the property based on a set time frame
that is challenging to meet, given that the church is only able to expand its
facilities as funding is available. Rezoning the property will allow the church to
expand as needed. Additionally, the Main Street Center zoning district provides
similar zoning rights as was approved by the PZD, including a front built -to line
A:lReports120091PC Reports103 - February 91RZN 08-3189 (First Baptist Churd!).doc
and the church use as a use by right.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Based on staff findings and the Fayetteville Police Department report, the
proposed rezoning would not create or appreciably increase traffic danger and
congestion in the area. The property is served by College Ave., a Principal
Arterial, along with two other local Streets, Dickson and Highland. Access to
the site will be reviewed as redevelopment occurs.
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 rezoning will allow for a mixture of uses to be developed on the
property; however, it is the intent of the church to utilize.all of.the.property .
being rezoned. Responses from public service providers are included herein.
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: IReports120091PC Reports102- January 26V?ZN 08-3189 (First Baptist Churchj.doc
161.21 Main Street/Center
(A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more
spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood
Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments
or offices above shops. Lofts, live/work units, and buildings designed for changing uses overtime are appropriate for
the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For
the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone.
(B) Uses.
(1) Permitted uses.
I.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
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 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Professional Offices
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 18
Gasoline services stations and drive
in restaurants
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
K..-IReports120091PC Reports102- January 261RZN 08-3189 (First Baptist Church). doe
(C) Density. None.
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling (all unit types) 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front
The principal fagade
of a building shall be
built within a build -to
zone that is located
between the front
property line and a
line 25 ft. from the
front property line.
Side, facing street
The principal fa�ade
of a building shall be
built within a build -to
zone that is located
between the front
property line and a
line 25 ft.,from the.
front property line.
Side, internal
None
Rear, without easement
5 ft.
or alley
Rear, from center line of
12 ft.
an easement or_alley
(F) Minimum buildable street frontage. 75% of lot width.
(G) Height Regulations. A building or a portion of a building that is located between 0 and 15 feet from the front
property line or any master street plan right-of-way line shall have a maximum height of 4 stories or 56 feet,
whichever is less. A building or a portion of a building that is located 15 feet or greater from the front property line
or any master street plan right-of-way line shall have a maximum height of 6 stories or 84 feet, which ever is less.
(H) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public
right of way.
K. 1Reporls120091PC Reports102- January 26LRZN 08-3189 (First Baptist Church).doc
Miller
Boskus
Lack Architects, P.A
First Baptist Church, Fayetteville
Re -Zone Request,
Application Attachment, Item Five - Written Description and six - Determination
Statements:
5. Written Description
a. Current ownership information and any proposed or pending property sales.
The buildings and grounds are wholly owned by the church. There are no
intentions to transfer title to any existing properties at this time.
b. Reason (need) for requesting the zoning change.
With time the needs of the church have changed from the stringent direction of
the current Master Development Plan zoning. This dictates that a major
modification be processed to revise the Master Plan or that the property be re-
zoned to a more fitting zoning. The zoning surrounding this property is currently
Main Street Center which is now more fitting for the church's facility needs.
c. Statement of how the property will relate to surrounding properties in terms of
land use, traffic, appearance, and signage.
The church property is directly adjacent to Central United Methodist Church and
St. Paul's Episcopal Church and is across the street from commercial and
governmental buildings of similar scale. Land use, traffic, appearance, and
signage seem obviously compatible in this well established node of College and
Dickson streets.
d. Availability of water and sewer (state size of lines.)
Sewer; 8" lines at College, Dickson, and Highland
Water; 8" line at College, 12" line at Dickson, and 6" line at Highland
6. Statements of Address to Planning Commission findings
a. The degree to which the proposed
zoning is
consistent with land
use planning
objectives, principles, and policies,
and with
land use and zoning
plans.
The proposed zoning
is consistent
with
the Down Town Master Plan proposed
zoning for this area.
Land around
this
property is currently zoned MSC.
b. Whether the proposed zoning is justified and / or needed at the time of the
request.
In that re -zoning is required to proceed with needed expansion of the church's
facility we find MSC to be a needed and justifiable zoning. In addition we contend
that the Down Town Master Plan was accurate and appropriate in designation of
this area of the city to be zoned MSC.
2397
Green
Acres Road,
Fayetteville,
Arkansas
72703
Phone: 479.443.7121
E-mail:
audy@mbl-arch.com
Fax:
479.443.7139
c. Whether the proposed zoning will create or appreciably increase traffic danger
and congestion.
The use of the facility and the traffic generated are the same in either zone.
d. Whether the proposed zoning will alter the population density and thereby
undesirably increase the load on public services including schools, water, and
sewer facilities.
The Down Town Master Plan appropriately suggests this area should be MSC with
it's given, and beneficial, population density;
e. Why it would be impractical to use the land for any of the uses permitted under
it's existing zoning classification.
The desired use is allowed in the current and proposed zones. The catalyst for
change to MSC is the allowance of mass and building placement which promotes
urban development consistent with the Down Town Master Plan provisions.
Date 1/20/09
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
RZN 08-3189: (First Baptist Church/Dickson, 481): Submitted by Miller, Boskus, Lack
for property located at 20 E. Dickson would substantially alter the population density and
thereby undesirably increase the load on public services and create an appreciable
increase in traffic danger and congestion. The property contains approximately 4.08
acres.
It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population. density, and will not create an appreciable or undesirable increase in
the load on police services. This RZN will not create an appreciable increase in traffic
danger and congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
- _ ...L-..... _.:.:
ORDINANCE NO. 4812
AN ORDINANCE ESTABLISHING A COMMERCIAL
PLANNED ZONING DISTRICT TITLED C-PZD 05-1704
FIRST BAPTIST CHURCH, LOCATED AT 20 EAST
DICKSON STREET, 325 AND 321 NORTH COLLEGE
AVENUE, AND 350 AND 354 NORTH HIGHLAND
AVENUE, CONTAINING APPROXIMATELY 4.08
ACRES; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED MASTER DEVELOPMENT PLAN
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, and R -O,
Residential Office, to C-PZD 05-1704 as shown in
Exhibit "A" attached hereto and made a part hereof.
Section 2: That the change in zoning classification is based upon the approved
master development plan, development standards, and conditions of approval as submitted,
determined appropriate and approved by the City Council.
Section 3: That this ordinance shall take effect and be in full force at such time as
all of the requirements of the master development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section l above.
PASSED and APPROVED this 3i! day of January, 2006.
APPROVED:
;FAYEFFEVILLE; _ By:
ATTEST:
By: �YOt1.f r s LJ'AWi
SONDRA SMITH, City Clerk
EXHIBIT "A"
MDP C-PZD 05-1704
A PART OF BLOCK NUMBERED TEN (10) OF THE COUNTRY COURT ADDTITION
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; THEN N02°50'34"E ALONG THE WEST LINE 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;
THEN S87°3' 19"E ALONG THE NORTH RIGHT-OF-WAY LINE OF DICKSON STREET
234.95 FEET TO A CHISLED "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 N47°47'09"E 70.51 FEET, TO A SET '/2" IRON REBAR AT THE POINT OF
TANGENCY OF SAID CURVE, SAID POINT BEING ON T14E WEST RIGHT-OF-WAY
LINE OF COLLEGE AVENUE; THEN N02°37'37"E 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 N87°03'20"W 140.39 FEET TO A SET 1/2"
IRON BAR; THEN N02°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); THEN N87°13'09"W
ALONG THE SOUTH LINE OF SAID LOT ONE (1) 42.42 FEET TO AN EXISTING
CONCRETE MONUMENT; THEN N02°33'24"E 67.78 FEET TO AN EXISTING IRON
PIPE; THEN N87°2240"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; THEN S02°43'02"W ALONG T14E EAST RIGHT-OF-
WAY OF HIGHLAND AVENUE 67.50 FEET TO AN EXISTING 1/2" IRON REBAR;
THEN S02°50'34"W 651.84 FEET TO THE POINT OF BEGINNING.
i
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450
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RZN08 3189 FIRST BAPTIST CHURCH/DICKSON
One Mile View
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Overview Legend Boundary
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QRZN08-7189 0000Z Overlay DislRct
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Legend
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Page IofI
Clarice Pearman - Re: CC items approved 03-03-09
From: Clarice Pearman
To: Pate, Jeremy
Date: 3.4.09 1:09 PM
Subject: Re: CC items approved 03-03-09
Jeremy:
The ordinance for RZN 08-3189 didn't make it. Please send me this ordinance when you get a minute. If you don't mind
mentioning to Long Range Planning about the 2.5 inch top margin and 1 inch side and bottom margins I'd appreciate. Also you
might have Cindy send to them the signature line setup for the ordinances that would help too. Have a good afternoon.
Clarice
From: Jeremy Pate
To: Pearman, Clarice
Date: 3.4.09 9:26 AM
Subject: CC items approved 03-03-09
Clarice,
Please find the attached items approved last night:
1)
RZN
08-3189
(First Baptist Church): Ord + Exh A
2)
RZN
08-3190
(Lolley): Ord + Exh A
3)
VAC
09-3197
(Butterfield Trail Village): Ord + Exh A
4)
ADM
09-3198
Amend Chapter 161: Ord & Exh A
5)
ADM
09-3205
Amend Chapter 164: Ord
6)
ADM
09-3206
Amend Chapter 162: Ord & Exh A
I noticed that some of the Long Range Planning items have some strange spacing going on at the top of the ordinance,
sorry about that. Let me know if you need anything more.
thanks,
Jeremy
Jeremy C. Pate, APA, ASLA
Development Services Director
City of Fayetteville, Arkansas
file://C:\Documents%20and%2OSettings\cpearman.000\Local%2OSettings\Temp\XPgrpwise\49AE7D85FA... 3.4.09
Page I of 1
Clarice Pearman - Ords. 5221, 5222 & 5223
From:
Clarice Pearman
To:
Pate, Jeremy
Date:
3.6.09 11:01 AM
Subject:
Ords. 5221, 5222 & 5223
CC:
Audit; GIS
Attachments:
Audit; GIS
Jeremy:
Attached is a copy of your agenda items passed by City Council for following ordinances:
1.
RZN
08-3189
First Baptist Church
2.
RZN
08-3190
Lolley
3.
VAC
09-3197
Butterfield Trail Village
Please let me know if there is anything else needed for this item. Have a good day.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49B 1029FFA... 3.6.09