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Home My WebLink About2000-11-21 - Agendas - Final FAYETTEV& LE 0 THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL NOVEMBER 21 , 2000 A meeting of the Fayetteville City Council will be held on November 21 , 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas A, CONSENT AGENDA 1 , APPROVAL OF THE MINUTES: Approval of the minutes from the October 24, 2000 Special City Council meeting and the November 7, 2000 City Council Meeting. 2. PROPERTY TRANSFER: A resolution approving a transfer of property located at 19 E. Fourth from the City of Fayetteville to South Fayetteville Community Development Corp. B. OLD BUSINESS 1 . RZ 00-22 : An ordinance approving rezoning request RZ 00-22, submitted by James Key on behalf of James Mitchell Massey for property located at 28 S. University. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3, High Density Residential. This ordinance was left on the second reading at the November 7, 2000 meeting. 2. GARVER ENGINEERS: A resolution approving an engineering agreement with Garver Engineers for the design of a multi-level parking deck to be constructed on the existing parking lot behind the Campbell-Bell Building. This resolution was tabled at the November 7, 2000 meeting. 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 C. NEW BUSINESS 1 . TELECOMMUNICATION ORDINANCE : An ordinance approving a Telecommunications Ordinance. 2, PLANNING COMMISSION APPEAL: An appeal of a Planning Commission decision as requested by Dennis Caudle for RZ 00-25 for property located at 1192 N. Rupple Road. The property is zoned R-O, Residential Office and contains approximately 1 .5 acres. The request is to rezone to C-2, Thoroughfare Commercial. 3. RZ 00-24.00: An ordinance approving rezoning request RZ 00-24.00 as submitted by Jerry Martin for property located at 1209 Bailey Street. The property is zoned A- 1 , Agricultural and contains approximately 2.30 acres. The request is to rezone to R- 1 , Low Density Residential. 4, OZARK MOUNTAIN OUTFITTERS : A resolution approving a Certificate of Public Convenience for a horse carriage as requested by Ray Dobson. 5, NWA REGIONAL PLANNING COMMISSION: A resolution approving an amendment to the agreement with Northwest Arkansas Regional Planning Commission D. INFORMATIONAL ITEM: 1 . Informational item to the City Council in accordance with administrative policy. Meeting of November 21 , 2000 YOUNG RUSSELL REYNOLDS ✓ AUSTIN DAVIS t� TRUMBO DANIEL SANTOS `� ✓ HANNA �D . e2 YOUNG SCJ RUSSELL N REYNOLDS /(l AUSTIN t/ DAVIS TRUMBO DANIEL SANTOS HANNA y-s- Meeting of November 21 , 2000 N N YOUNG RUSSELL ✓ REYNOLDS ✓ AUSTIN ✓ DAVIS TRUMBO ✓ DANIEL ✓ SANTOS ✓ HANNA T - YOUNG ✓ RUSSELL ✓ ✓ v REYNOLDS ✓ ✓ AUSTIN ✓ ✓ ✓ DAVIS ✓ ✓ r/ TRUMBO ✓ L �/ ✓ DANIEL SANTOS ✓ ✓ ✓ HANNA • A Meeting of November 21 , 20 0 ZZ QO-2 " k� YO RUSSELL Lo� REYNOLDS AUSTIN DAVIS ✓ TRUMBO !/ DANIEL SANTOS ✓ HANNA 7-O z - YOUNG RUSSELL REYNOLDS AUSTIN DAVIS TRUMBO DANIEL SANTOS HANNA Meeting of November 21 , 2000 CA YOUNG RUSSELL REYNOLDS AUSTIN DAVIS TRUMBO DANIEL SANTOS HANNA YOUNG RUSSELL ✓ REYNOLDS ✓ AUSTIN DAVIS ✓ TRUMBO ✓ DANIEL SANTOS HANNA FAYETTEVII,E • THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL NOVEMBER 219 2000 A meeting of the Fayetteville City Council will be held on November 21 , 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the minutes from the October 24, 2000 Special City Council meeting and the November 7, 2000 City Council --Meeting. • 2. PROPERTY TRANSFER: A resolution approving a transfer of property located 00 at 19 E. Fourth from the City of Fayetteville to South Fayetteville Community ' Development Corp. B. OLD BUSINESS VYN RZ 00-22 : An ordinance approving rezoning request RZ 00-22, submitted by James Key on behalf of James Mitchell Massey for property located at 28 S. University. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3, High Density Residential. This ordinance was left on the second reading at the November 7, 2000 meeting. 2. GARVER ENGINEERS: A resolution approving an engineering agreement with Garver Engineers for the design of a multi-level parking deck to be constructed on r the existing parking lot behind the Campbell-Bell Building. This resolution was I ,00 tabled at the November 7, 2000 meeting. • 113 WEST MOUNTAIN 72701 501 521-7700 CAV cm 975_R7fi7 C. NEW BUSINESS • „Qh% 1 . TELECOMMUNICATION ORDINANCE: An ordinance approving a il Telecommunications Ordinance. 2, PLANNING COMMISSION APPEAL: An appeal of a Planning Commission decision as requested by Dennis Caudle for RZ 00-25 for property located at 1192 1� J7 N. Rupple Road. The property is zoned R-O, Residential Office and contains V t PcJ approximately 1 .5 acres. The request is to rezone to C-2, Thoroughfare 0y�a Commercial. Lo e 3. RZ 00-24.00: An ordinance approving rezoning request RZ 00-24.00 as submitted by Jerry Martin for property located at 1209 Bailey Street. The property is zoned �W A-1 , Agricultural and contains approximately 2.30 acres. The request is to rezone ,y1 to R- 1 , Low Density Residential. �a 4. OZARK MOUNTAIN OUTFITTERS: A resolution approving a Certificate of v� ,00 Public Convenience for a horse carriage as requested by Ray Dobson. j 5q 5, NWA REGIONAL PLANNING COMMISSION: A resolution approving an �y amendment to the agreement with Northwest Arkansas Regional Planning w0 'cD Commission • D. INFORMATIONAL ITEM: 1 . Informational item to the City Council in accordance with administrative policy. 4 / zv . • AFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of October 17 , 2000 FROM : Tim Conklin Planning Public Works Name Division Department ACTION REQUIRED : To approve an ordinance for RZ 00-22.00, submitted by James Key on behalf of James Mitchell Massey for property located at 28 S. University. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3, High Density Residential. COST TO CITY : $ 0 . 00 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 Manager Administrative services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Accou ing Manag Date Internal Auditor Date City Attorn i Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on September 25, 2000, Planning Commission voted 7-0- 1 to recommend approval and to forward the rezoning to the City Council. �-CL7 ision Head / Date Cross Reference UI /OCL -� New Item : Yes '15epar ment Ui. ctor ` Date Prev Ord/Res # : Adm ' nistr� i S . ices irector Da Mayor Datee Orig Contract Date : / Orig Contract Number : ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00-22.00 FOR A PARCEL CONTAINING APPROXIMATELY 0. 18 ACRES LOCATED AT 28 S. UNIVERSITY, REQUESTED BY JAMES KEY ON BEHALF OF JAMES MITCHELL MASSEY. 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- 1 , Neighborhood Commercial District to R-3, High Density Residential District for the real property described 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 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LEGAL DESCRIPTION FOR RZ 00-22.00 A PART OF THE NORTHEAST QUARTER (NE'/<) OF THE SOUTHWEST QUARTER (SW%<) OF SECTION SIXTEEN ( 16), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT AN EXISTING IRON PIPE ON THE EAST RIGHT-OF-WAY OF UNIVERSITY AVENUE, SAID POINT BEING NO203611011E 278.50 FEET FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF UNIVERSITY AVENUE AND THE CENTER OF PUTNAM STREET; THENCE NO2'36' 1 0"E ALONG SAID RIGHT-OF-WAY 80.00 FEET TO A SET IRON; THENCE LEAVING SAID RIGHT-OF-WAY S87006'50"E 100. 19 FEET TO A SET IRON ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS AND MISSOURI RAILROAD (FORMERLY ST. LOUIS AND SAN FRANCISCO RAILROAD); THENCE S00043' 13 "W ALONG SAID RAILROAD RIGHT-OF-WAY 80.06 FEET TO A SET IRON; THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY N87006'50"W 102.82 FEET TO THE POINT OF BEGINNING, CONTAINING 0. 1864 ACRES (8120.7 SQUARE FEET), MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. Planning Commission September 25, 2000 Page 10 RZ 00-22.00: Rezoning (Massey, pp 522) was submitted by James Key, Architect on behalf of James Mitchell Massey for property located at 28 S. University. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3 ,-High Density Residential. Odom: The next item that we have on tonight' s agenda is a rezoning request RZ 00-22.00 submitted by James Key, Architect on behalf of James Mitchell Massey for property located at 28 S. University. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3, High Density Residential. Staff's recommendation is for approval of the request of rezoning based on the findings as included as part of their report. Staff are there any further Conditions of Approval? Conklin: There are no further Conditions of Approval. Odom: Mr. Key? Identify yourself for the record and make your presentation. Key: My name is James Key, architect. I 'm here on behalf of the owner Mr. Massey to request rezoning of this partial lot. As was stated it' s a . 186 acres. It' s the south . 80 feet of the original lot 13 of the County Court plat. That lot had been split some time in the past with a commercial development on the north 42 feet of it which currently houses the Razorback Laundry and convenience store next to a small computer outlet and Wes' Barbeque. You are all probably familiar with it. This property currently houses a single-family residence which is unoccupied. The owner has recently obtained this property and would like to look at downgrading this zoning from a commercial lot to a R-3 High Density Residential which, in our opinion, is compatible with the neighborhood. I think the staff has agreed. I would be glad to field any questions you might have. Odom: Before we take questions, Mr. Key, let me ask if there is any member of the audience that would like to address us on this rezoning request. Please come forward at this time. PUBLIC COMMENT: Thompson: Hello. My name is Ken Thompson. Two years ago, this time of year, I stopped in and visited with my old bible teacher, Earline Shoemaker who lived at this house and residence. I was doing a little campaigning and I was asking for her vote and she questioned me pretty closely about the candidate I was representing. I took the opportunity to ask her about her house there because I was kind of curious and she said it was built in 1836. It's the remainder of a ten pen house that has been Planning Commission September 25, 2000 Page 11 there. I guess she and her husband came in the forties or fifties and lived there probably fifty years or more. She passed away, I guess, last year at the age of 99. I was thinking that this has stood around for a good many years. I don't know if _ anybody of note ever lived there but somebody was a neighbor of early notables of Fayetteville. It just seems like a postage stamp size property. It was cared for and looked after by a series of residents. She said it was the second oldest house in Fayetteville, it probably wasn't always in Fayetteville - Fayetteville has grown around it, after the Ridge House. She looked into it and told me what she knew. Sometimes when these things are gone we kind of regret that they have passed away and left for ruin or whatever. Archibald Yell ' s house or the Waxhaw's Estate. People talked about it until it was no longer salvageable and have moved his law office and use it and it's kind of cherished. I would think that perhaps, it' s been a nice little house and perhaps can serve a hundred years more for a retired couple like the Shoemaker's who came from Ohio and settled down here. I guess you could drag it down and grade it and make a parking lot or some more housing for students which is probably needed but it's served well and it's kind of a nice little house. I think it ought to be preserved. That could serve as a family residence for someone. That's all I have to say. Odom: Thank you Mr. Thompson. Any other member of the audience like to address us on this rezoning request? COMMISSION DISCUSSION: Odom: Seeing none, I will close the floor to public discussion and bring it back to the applicant for questions and comments of the Planning Commission. Shackelford: Mr. Chairman? Odom: Commissioner Shackelford. Shackelford: Prior to getting started, I'm going to have a conflict of interest on this so if you would abstain me from the vote. Odom: Thank you. Ward: Mr. Chairman? Odom: Commissioner Ward. Planning Commission September 25, 2000 Page 12 MOTION: Ward : I looked at down-zoning this from commercial to residential and this seems like a very good area for multi-family and I see next to it C- 1 on one side and I- 1 on the other side so I will go ahead and recommend approval of RZ 00-22.00. Allen: I'll second. Odom: We have a motion by Commissioner Ward, second by Commissioner Allen to approve Rezoning 00-22.00. I ' ll remind members of audience that the rezoning request is nothing more then a recommendation for City Council. This will now go before the City Council with either our recommendation that we approve this item or if it's denied the applicant has the right to appeal that to the City Council for action there as well. Any further discussion. Hoffman: Mr. Chairman? Odom: Commissioner. Hoffman: I have a question for the applicant. Have you looked into the possibility of saving this house. Even as old as it is, it could be a very significant historical home. Key: I personally have not been contracted by the owners to look at the restoration potentials of this property although I have toured the property and granted it was a very fine home in it' s day. I 'm not sure of the history of when it was built and the history since that time but the house is very much in disrepair at the current time. Considering the industrial zoning adjacent to it, the high density residential directly adjacent to it across the street, I don't think it's practical to look at developing this as a fine single-family home. The redevelopment cost would be considerable for a single-family residence which would be, I think in the owners and my opinion, not really desirable considering the location of the site. Hoffman: Could it be incorporated into the apartment design in some way? Key: I don't believe that it could due to the proximity of how the house is sited on the site. It's basically centered and pushed to the front. It sits ten to twelve feet within the setbacks. If it were to be developed as it is, with additional development added to it, we would have a problem with parking and access to the site because currently it is not positioned such that a drive access could be obtained around it to get parking to the rear and it's positioned so far to the west, the front of the lot, that there is no potential to get parking to the west of it, in Planning Commission September 25, 2000 Page 13 front of it. I don't think that it's feasible. Granted it could be a nice residence but considering the commercial zoning of the lot and considering the neighborhood, I don't think the owners considered it as a practical measure at this point considering the redevelopment cost and the inherent lot value in the neighborhood. Hoffman: I take it from your statement then that there is no historical marker attached or any official historic designation attached to the structure? Key: Not that I or the owners are aware of. I was not aware as the gentleman stated it was potentially the second oldest house in Fayetteville. I have had the pleasure of working on some restorations and historic districts, particularly the Davis Brumfeld house which was dated 1852. I find it hard to believe that this house is older than that. It very well could be, it does have some fine detailing in it. As I stated, it is very much in disrepair. It would probably cost more, at this point, to try to save it and restore it than it would be to tear it down and build a new single- family residence on this lot. However, considering the proximity in the neighborhood and various other things, I don't think it' s feasible to even do that at this point. The reason we are here requesting the rezoning also is that it's not practical to be developed as a commercial lot unfortunately. It's too small. It's . twelve foot in grade above the adjacent commercial property which had been developed quite some time in the past. I would like, if at all possible Ms. Hoffman, to try to save this house and incorporate it into this development, unfortunately given the circumstances, I don't think that that' s practical. Hoffman: Well knowing that but also knowing that rezoning is not a demolition permit, it does not equal a demolition permit, I will go ahead and support the request for rezoning. Key: Thank you. Odom: Any further discussion? Will you call the roll? ROLL CALL: Upon roll call RZ 00-22.00 passes upon a vote of 7-0- 1 with Commissioner Shackelford abstaining. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Associate Planner THRU : Tim Conklin, City Planner DATE: September 25, 2000 RZ 00-22.00: Rezoning (Massey, pp 522) was submitted by James Key, Architect on behalf of James Mitchell Massey for property located at 28 S. University. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3, High Density Residential. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: September 25, 2000 CITY COUNCIL ACTION: Required YES O Approved' O Denied Date: October i7 2000�f1"+readint*J . Comments: H:1USE"COMMOMDAWN7IREPORTYiPC19-15.001m vsey.iTd BACKGROUND: The subject property, located south of Center Street and east of S. University Ave., is contains one vacant single family residence with an out building. The applicant is requesting that this 0. 1864 acre tract be rezoned from C- 1 , Neighborhood Commercial to R-3, High Density Residential. The applicant proposes to develop this site with a multi-family dwelling. According to bulk and area restrictions for the R-3 zoning district, a duplex is the highest density that would be achievable without a variance from the Board of Adjustment. Three or more units in the R-3 district require a minimum of 90' of frontage along a City street, this lot has 80' of frontage along University Ave. Adjoining and surrounding land uses are somewhat mixed. There is a railroad right-of-way to the east of this property which serves to divide the neighborhood. This area is the proposed site for the Prairie-Center St. trail which is in the planning stages currently. To the north, there is a small commercial center which contains a restaurant and laundromat. Just north of that, at the comer of University and Center Streets, there is a six unit apartment building. Across University in this area, there are several apartment developments. Just south of this site and further south on University Ave. there are single family and multi-family homes. SURROUNDING LAND USE AND ZONING North: Commercial center, C- 1 / R-3 South: Single family home, IA East: Railroad right-of-way, I- 1 / Single family home, I- 1 / Multi-family, R-2 West: Beverly Manor Apts., R-3 / Glendale Apts., R-3 INFRASTRUCTURE: Streets: Access to this site is available from University Ave., a residential street adjacent to the west side of the property. Approximately 200' north of the subject property, University Ave. intersects Center Street. Center St. is classified as a collector on the City's Master Street Plan. A collector, when improved, is designed to carry 47000 - 6,000 vehicles per day with a total right-of-way width of 70'. Water: 6" line along University Ave. Sewer: 8" line along University Ave. N:IUSERMCOMMONIDAWNr1REPOR7SIPCI9-25-001mmsey.ivpd LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to R-3, High Density Residential is consistent with the land use plan and 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 zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. This area is designated on the future land use map as mixed use. Mixed Use Areas are described in the General Plan 2020 as follows: The areas indicated as mixed use on thefuture land use map are areas where residential, commercial, office, and some industrial uses would be appropriate. Much of south Fayetteville is shown as mixed use area because it is in need of redevelopment and can accommodate future development. Designation of mixed use areas will allow developers a great deal ofJlexibility in terms of uses, while City regulations will maintain standards for quality mixed development. This part of the plan recognizes that development is market driven and therefore doesn 't attempt to designate specific future land uses within these areas. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified at this time, a down-zone from commercial to residential will further protect surrounding residential properties and will be consistent with existing development patterns in the area. 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 or appreciably increase 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. H:I USERSICOMMOMDA WN71 REPOR MPCI9-25-001 massey.wpd Finding: The proposed zoning will allow for increased population density, however it will not undesirably increase the load on public services including schools, water and sewer facilities. 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 H. I USERSI COMMONI DAWN71 REPOR MPC19-75-OOl massey.wpd §161.07 DISTRICT R-3 HIGH Lot Width Mobile Home 100 ft. DENSITY RESIDENTIAL Minimum: Park A. Purpose. The High Density Lot Within a 50 ft. Residential District is designated to protect Mobile Home existing high density multifamily Park development and to encourage additional development of this type-where-itis, is _ One Family 60 ft. desirable. Two Family 60 ft. B. Uses. Three or More 90 ft. 1 . Permitted Uses. Professional 100 ft. Unit 1 City-Wide Uses by Right Offices Unit 8 Single-Family Dwellings Lot Area Mobile Home 3 acres and Two-Family Dwellings Minimum: Park Unit 9 Multi-Family Lot Within a 4200 Dwellings/Medium Density Mobile Home sq. ft. Unit 10 Multifamily Dwellings-High Park Density Row Houses: 2. Uses Permissible on Development 105000 Appeal to the Planning Commission, sq. ft. Unit 2 City-Wide Uses by Conditional Use Permit Individual Lot 2500 sq. ft Unit 3 Public Protection and Utility Single Family 6000 Facilities sq. ft Unit 4 Cultural and Recreational Two Family 6500 Facilities sq. ft Unit 11 Mobile Home Park Three or More 8000 Unit 25 Professional Offices sq. ft Fraternity or 1 acre C. Density. Sorority Families Per Acre 16 to 40 Professional 1 acre D. Bulk and Area Offices Regulations. H.I USERSICOMMOMDAWNnREPORTSIPCI9-25-OOMassey.ivpd Land Area Mobile Home 3000 sq. Per ft. Dwelling Unit: Row Houses & Apartments: Two or More 1200 sq. Bedrooms ft. One Bedroom 1000 sq. ft. No Bedroom 1000 sq. ft. Fraternity or 500 sq. Sorority ft., per resident E. Yard Requirements (feet). FRONT SIDE REAR YARD YARD YARD 25 8 20 Cross Reference: Variance, Chapter 156. F. Height Regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (Code 1991 , § 160.034; Code 1965, App. A, Art. 5(IV); Ord. No. 1747, 6-29-89; Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81 ) H:IUSERSICOMMONIDA WN71REPOMIP09-75-00 massey.wpd James Mitchell Massey & Michael Lambert P.O. Box 1924 Fayetteville, AR 72702 August 28, 2000 City of Fayetteville Planning Commission -1-13-W.-Mountain-Street Fayetteville, AR 72701 Re: Rezoning Request 28 S . University Ave. Ladies and Gentlemen: We have submitted a request to rezone the property located at 28 S . University from C- 1 Commercial to R-3 Residential. The . 1864 acre lot, comprised of the south 80' of lot 13 of the Rev. Plat for County Plat of the City of Fayetteville and is fronted on the West by South University Avenue and to the East by the A&M Railroad line. We are submitting this written statement along with our Application & Checklist for a Rezoning as required. We will address the items required under Item No. 5 as follows: a. The property currently zoned C- 1 Neighborhood Commercial and has a single- story wood framed residential structure and detached garage or out-building and is unoccupied. It is an interior lot, and although it has commercial uses established to the North, this adjacent property is zoned R-3 and also has an apartment development located on it. The property is currently in the name of James M. Massey and we do not intend to sell it upon approval of this rezoning request. b. There are some single family occupied residences on this street, but the majority of the development and existing improvements are high density residential in nature. We would like to rezone this property from the current commercial zoning to one that is more compatible with the surrounding neighborhood and construct a small apartment building on it in the near future. Because it is elevated above the adjacent commercial development to the North, is cut off from that lot by this grade change and the backside of the commercial structure, and is a small interior lot, it is not appropriate or desirable for commercial development. c. The property will relate to the existing adjacent and surrounding properties by being compatible with the zoning and development in the area. 1 . Use: the entire neighborhood has been developed in recent years to provide high-density rental accommodations, primarily for students attending the nearby University of Arkansas. Though there are some single-family residences in the near vicinity, they consist almost solely of older rundown structures that are rental properties. The majority of the surrounding neighborhood is zoned R-3 High-Density Residential, with the exception of the property directly to the South along S. University and to the East and Southeast across the railroad ROW which is zoned I- 1 . There are a couple of spot zoned R- 1 and R-2 lots along Gregg Street to the East in addition to the I- 1 referred to above. 2. Traffic: with this comprising only . 1864 acres and being only 80'x100' more or less in size, the number of dwelling units possible is limited due to setbacks, landscaping requirements, parking requirements and height requirements. We would like to be able to develop approx. '/2 dozen units - -- - - —and -the-increased traffic,—considering-the existing-adjacent-residential- developments, xistingadjacent-residential-developments, the proximity to the adjacent intersection, and the limited size of any possible development on this lot would be minimal. We anticipate some residents will likely not be vehicle users, and most will walk or ride UofA transit to the University campus located less than 4 blocks away. 3 . Appearance: Although we have not finalized any development documents for a future apartment structure, we believe it will be compatible with any and all surrounding development. Due to zoning restrictions, it will be a maximum of 2 stories in height, have a conventional trussed residential style roof, likely hipped rather than with gables and will have simulated wood siding or other low maintenance exterior finishes. With an estimated 6, 1 -bedroom units of less than 500 sf each, this building when planned and constructed will likely be no larger than a modest single family home of less than 3,000 square feet. 4. Signage: Again, although not fully planned to date, pending this request for rezoning, we anticipate a simple apartment facility sign, either wall, pole or pedestal mounted, complying with all requirements and guidelines of the City of Fayetteville Sign Ordinance and in complete harmony with the existing adjacent apartment developments. d. There is currently city water and sewer available to this site. An 8" sewer line runs directly adjacent to the site along the east side of South University Avenue within the street ROW, and a 6" water line is located in University Ave., approximately to the East of the center of the ROW. Hopefully this will satisfy the requirements for the rezoning request and explains adequately why we wish to change this property from its current commercial potential to a residential use in character with the surrounding neighborhood. Respectfully, G/ Z IvLchael Lambert James Mitchell Massey RZOO-22wq - Masse Otl ose Up Y m C v s U R-3 � ---R=3 - - -- - R-0 - ` - I-1 EI ❑ _-3 R-3 R-3 EJ o \ I-1 I TREADWELL 1 I-1 R-3 i bjR-0 Eproperty G1eat li I--� C R-3 __, -1 p ' - 0 R-3 _. - l I R-0 � - ) I a PUTMAN R-3 �j_1 R 2Ell I-1 R-3 R-3 � R-3 w Q o } z ❑ R-1 ED � a [� -2 R-20 OE] R-0 ❑ a N Pdlroed.shp �/ I' � 200 0 200 400 Feet N Dooawr.ShP ass F AY�/EJRPRESSWAY W E MNMAL PR NOPALARTERIAL �.� s ME joll ■p�l�...ao�LNIEMEN ►a� M MIA HIM MOM . . MAI Fogg i B 10 N W U N I V E R S I T Y A V E N U E I v i -- - asfwav --02°36' 10 EMIRY -- -- - - o� - 80. an ie pp 'P �� x• Ny V ' A a • m �o w . v,, p ,� � p'• • g� '�{ mo Q WOOD PORCH ,�.�"• 'S V •'� /`� a \ T - ' pZ g ay m h N o mop • Yx N (A A YAO• N 4 at r N IJI K O OJ r • lar ��' � ,sff o — y V 9 v W 0 m C x C) V, 4 =;zr gg p O f0 n ga w N_ ' - >)P6 R/W_ _ _ _ _ _ _ _ _ _ _ _ _R/W SOO043' 13°W 80.06' ot t ST. LOUIS 8 SAN _FRANCISCO RAILROAD -- - _ 100' RIGHT-OF-WAY TO i -Z, Z i i I VY ' 1 I � I LM ,' I A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST 8• ELM \ %� I QUARTER (SWI/4) OF SECTION SIXTEEN (16), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY p DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING IRON PIPE ON THE Q EAST RIGHT-OF-WAY OF UNIVERSITY AVENUE, SAID POINT BEING WOOD cy Mr36' 107E 278.50 FEET FROM THE INTERSECTION OF THE EAST RIGHT-OF- 8' ELMZi J 1 WAY OF UNIVERSITY AVENUE AND THE CENTER OF PUTNAM STREET; THENCE N02036' 10E ALONG SAID RIGHT-OF-WAY 80.00 FEET TO A SET IRON; THENCE LEAVING SAID RIGHT-OF-WAY S87°06750"E 100. 19 FEET TO A S* ELM 1 N I r SET IRON ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS AND MISSOURI RAILROAD (FORMERLY ST. LOUIS AND SAN FRANCISCO RAILROAD); I Z c THENCE S0004311TV ALONG SAID RAILROAD RIGHT-OF-WAY 80.06 FEET TO Q I 1 A SET IRON,' THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY tai I N87006'S0"W 102.82 *EET TO THE POINT OF BEGINNING, CONTAINING 0. 1864 I Z & ACRES (8120.7 SQUARE FEET), MORE OR LESS, FAYETTEVILLE, . I• Haaow000 I Q 8 WASHINGTON COUNTY, ARKANSAS. 1 W - 6 Dn l (n BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM I ; (NORTH ZONE) O CITY OF FAYETTEVILLE HARDWOOD _) I G.I.S. MONUMENTATION to HICKORY I METHOD OF DETERMINATION: G.P.S. OBSERVATION 24' I I TRIMBLE NAVIGATIONAL SYSTEM 4400 1 I I I 1 BASIS OF ELEVATION: CITY OF FAYETTEVILLE I I I G.I.S. MONUMENTATION CONTOUR INTERVAL: ONE (1 ) FOOT NOTE: EXISTING 8" SANITARY SEWER ALONG EAST SIDE UNIVERSITY AVENUE AS PER CITY OF FAYETTEVILLE ENGINEERING PLANS. 4�G1STEl��''••.,t. r` s rnTe or• = RKnN AS = LEGEND j 1 O i 0 m swnen:xx � FOUND IRON PIN O SET IRON PIN '• u ' ' •.A R... Q FOUND PIPE �fO`L�1L LASS O CONCRETE MONUMENT ••• ;•• X CH18LE0 @X* •••• •••"••... .....• STATE MONUMENT ...Vale, . ® COTTON SPINDLE ® RAILROAD SPIKE } COMPUTED CORNER :'• 0 POWER POLE s O 16 32 48 A WATER VALVE WATER METER 11111111111 1 o SEWER MANHOLE GRAPHIC SCALE — FEET 003 GAS METER —W— WATER LINE —E— POWER LINE .S. SEWER LINE GAS LINE NaME —MIKE—L-AMSE-RTH— ARA Alan Reid CITYCOUNTY WASHINGTON IIB S, COLLEGE AVE, EI ASSOCIATES FAYETTEVILLE FAYETTEVILLE , AR 72701 PROFESSIONAL STATE ARKANSAS DATE FEBRUARY 15, 2000 501 444 8784 LAND Fox 444 0964 SURVEYORS SCALE i .1 a 161 JOB NO. 00064 I STORY �9A BLOCK BUILDING Cf 1312.78 t GRAVEL DRIVE ' / ' AiC A/C� t3 Q f0 17- HI -KOR 87008'50 E 100. 19' 1 1 _ t 8' MAPLE 13 ' 111 1 10' ELM 22 6' 3r I I 6' MAPLE 1 �8 24' ON Z i� i `1a ROCK WALL . �3 9 Lu 2015 . .0 Q SHED I , - 1 � � 12.z• . N 1 ROCK WALL STORY 15' HICKORY TOP OF FRAME HOUSE Ix 9 PORCH § 028 T. 1 1321 . 1 8,0 FIN, FLOOR: 1321 A _ v 1317 0 i $ Z1 (44 ' O i n3s APLE S 41 $EWER CLEANOUT /& RIM ELEV. 1318.9 0 1 j INVERT: 1315.6 16,8• P 0.8. _ SHED _ 0 Sod Cm LOT 13 � , • • 26' HICKORY-. !� � ..:.: N87°06'50)V • \ 1 .7' 3.5' 102.82 ' • —126 C614CRETE CULVERT• 13^ OAK 1 ORAVFJ DRIVE ' • 8' BOIS D'ARC-1 1 iA 1 a 12'ELM 1321 .51 November 14, 2000 AGENDA SESSION FOR THE NOVEMBER 21 , 2000 CITY COUNCIL MEETING Additional information : 1 . Garver Engineers: Additional information for Item B. 2. Garver Engineers. l CITY OF FAYETTEVILLE, ARKANSAS 2000 - 2004 CAPITAL IMPROVEMENTS PROGRAM PROJECT DETAIL PROJECT TITLE: Parking Garage(s) T REQUESTING DIVISION: Parking Enforcement 2000 $ 30,000 2001 FUNDING SOURCE: OH-Street Parking Fund 2002 2,170,000 PROJECT CATEGORY: OH-Street Parking Improvements 2003 4,715,000 2004 INITIAL YEAR PRIORITY: 4 TOTAL PROJECT COST $ 6.315,000 PROJECT TYPE: REPLACEMENT EXPANSION - PROJECT DESCRIPTION & JUSTIFICATION : Due to growth and revitalization in the downtown area, there is a growing need to establish additional parking in the southeast part of t downtown, where the greatest need currently lies. and in the northeast part of downtown, where an increasing need will become more apparent as the downtown and Dickson Street areas become more interconnected. A study to determine sizing, cost, and feasibility of these parking structure(s) is recommended. Cost of acquiring, construction, and operation might also be shared through a public/private partnership. Financing of this project may also require the issuance of bonds to be financed by revenues generated from Il tate projects. PROJECT STATUS (IF IN PROGRESS) : fff A study is recommended to determine a course of action. The results of the study will dictate the time frame and the facility size. I However• at this point, it is recommended that a facility in southeast downtown Fayetteville be constructed within 3.4 years and ` accommodate approximately 150 vehicles. A facility in northeast downtown Fayetteville should be constructed in the next 4-6 years that would accommodate approximately 250 vehicles. Costs are difficult to project without knowing the exact size and whether a public/private partnership can be achieved. A cost of $12,000 per space is being used for planning purposes. This does not include r the cost of purchasing the land and/or razing structures. L EFFECT OF THE PROJECT ON ANNUAL OPERATIONS This area is difficult to project without knowing the fees to be charged and the exact size of the structures. Other factors include whether the facilities are fully automated or require attendants. Available technology at the time of construction will dictate automation/attendants. A break even philosophy is recommended since parking is so vital to keeping the downtown thriving. The major revenue impact will be felt through sales tax and HMR tax growth. It might also be necessary to increase trolley operation hours to assist in shuttling employees from the garages to downtown employment destinations to encourage usage of the garages. i w a;rS - 111 I 189 C