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HomeMy WebLinkAboutOrdinance 6303RZN20-7020 Close Up View RN F-40 R-O RSF-4 UNIVERSITY,AVE RSF-7 PEARSON Proposed DG Subject Property IN ----_ Q..a �_-----_---___ .. Z PRAIRIE�ST C-2 2 Q J W - i Legend Shared Use Paved Trail x - - Trail (Proposed) Design Overlay District ` - Planning Area - r, - -� Fayetteville City Limits Building Footprint Feet 0 55 110 220 330 1 inch = 150 feet 440 Rt_1;- Y jV 20-7020 EXHIBIT 'A' w M .a="=-sntlTH ST } i .J ,ts - N 0 RTH Zoning Acres DG 0.3 Total 0.3 20-7020 EXHIBIT 'B' SURVEY DESCR.IPTIO%4 A PART OF THE O,- TH+DENT QAJAR ER (S%%1 4) OF THE SOUTHEAST QUARTER sE1l4) OF SECTICIN SIrTEB 161, TOWNSHIP SIXTEEN (16) NOR Ii-. P.ANGE THIRTY (-Mr) `+•EST OF THE FIFTH PRINCIPAL VERIDIAN, ASHINGTON CI-XINTY, ARK_ANSAS, BEING MORE PARTICULARLY DESCRREC AS FOLLC'A'S: BEGINNING AT THE NORTI,WEST CORKER OF SAID 40 ACRE TRACT, S,AIFr POINT BEING AN casnNG IIROV; THENCE SOUTH 110.0 FEET ALOWTHE WEST LINE CF SAID 40 ,ACRE TRACT TO A FLINT IN TANGLE' OOD RRANCH AND FROm W11" A REFERE4CE PROM STET GIN THE EAT BANK ;:F SAID ERANCH BEARS N89'4E.'41"E 20.85 FEET; THENCE LEAMING THE WEST LINE CF SA -) 40 ACRE TRACT, '4&P'48'41`E ' 43.' D FEET TO A. 'SET IR-^N REBAR ON THE FORMER `AE:57 RIGHT-OF-WAY LINE CF THE RAILROAD; THENCE 11197 FEET ALONG SAl7 FfRMER PrHT—OF—WAY UNE TO A SET RON On THE Wi. R T-H UNE OF SAID 40 Af,'°RE TRACT', THENCE LEA 'iIN€a THE F sRjmER WEST RIGHT—f.F—WAY UNE F THE PAILg(tA ), S'48'41'W 117.59 FEET rG THE POINT CF BEGINNING, CpNTAINI'NG �1. ,,,? Ar E�, MCI?E OR LE3S. THE AEyj'YE ICESCRISEU 0.32 ACRE TKACT HAVING MIGHT'' Tu A Pe"JETJAL E..SEMENT F�CF LYGRESS AND EGRESS FROM SAID (.' S2 ACRE TR.Ar7 TO PRAIRIE STREET AS DESCMEIEU, IV AN 4 CESS EASEMENT F: UOM THE CITY OF FAYETTE` ILLE Tv JAMES AND PAULEN A { ANLON, THEIR SLIC(ESSCf?S AND A:SSIGNS, if'+;,E,,MENT LAND RECORC 3 Cf WASHI WG+TO COUNTY, Ak <AN'= A'S Washington County, AR I certify this instrument was filed on 05/14/2020 04:08:06 PM and recorded in Real Estate File Number 2020-00015355 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 / Text File =- File Number: 2020-0283 Agenda Date: 4/21/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 6 RZN 20-7020 (NORTH OF 540 W. PRAIRIE ST./PEARSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7020 FOR APPROXIMATELY 0.30 ACRES LOCATED NORTH OF 540 WEST PRAIRIE STREET FROM 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Departments Agenda Memo from 1-1, Heavy Commercial and Light Industrial to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 412212020 City of Fayetteville Staff Review Form 2020-0283 Legistar File ID 4/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 4/3/2020 Submitted By Submitted Date Action Recommendation: CITY PLANNING (630) Division / Department RZN 20-7020: Rezone (NORTH OF 540 W. PRAIRIE ST./PEARSON, 523): Submitted by CHARLES PEARSON for property located NORTH OF 540 W. PRAIRIE ST. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.30 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title �$ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: 'e.. CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: April 3, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7020: Rezone (NORTH OF 540 W. PRAIRIE ST./PEARSON, 523): Submitted by CHARLES PEARSON for property located NORTH OF 540 W. PRAIRIE ST. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.30 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to DG, Downtown General, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is without street frontage and is located west of the Frisco Trail, approximately 350 feet north of Prairie Street. Despite the 1-1, Heavy Commercial and Light Industrial, zoning designation that was adopted in 1970, historical aerial imagery from as early as 1955 indicates that the property has remained largely undeveloped, with use limited to a vehicular turnaround. Development on the property has likely been constrained by a combination of large, industrial zoning building setbacks, a section of the Tanglewood Branch running along the western boundary, and lack of access to infrastructure. Request: The request is to rezone the 0.30-acre property to DG, Downtown General, to increase the feasibility of developing the property. Land Use Compatibility. Staff finds the requested DG zoning district to be compatible with surrounding land uses. Although most adjacent land uses are single-family, the larger area includes a diversity of activities, densities, and building types that are permitted by and complimentary to the DG zoning district. Even those permitted land uses that may present a potential for nuisance to surrounding properties are severely limited by the development potential of this small property and the requirements of the streamside protection zone. Additionally, the existing, heritage industrial zoning is a relic of this area's railway and warehousing history and is inappropriate today. A district that allows studio, office, retail, and restaurant activity or residential uses is more appropriate for the current development pattern and trends of downtown Fayetteville. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: The proposed zoning is consistent with City Plan 2040, the Future Land Use Map (FLUM), and the City Neighborhood designation of the subject property. The DG zoning district, with its flexible setbacks and diversity of uses facilitates development of an otherwise undevelopable lot. Furthermore, DG facilitates this in a complimentary manner to the City's goals for infill, complete neighborhoods, and active transportation. Housing or services along the City's backbone trail is an ideal location for development. DISCUSSION: On March 23, 2020, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 8-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN20-7020 Close Up View RM —s R-O RSF-4 UNIVERSITY,A — VE FIE i r �C-2 - r Legend Shared Use Paved Trail - - - Trail (Proposed) Design Overlay District - -� Planning Area L - - Fayetteville City Limits Building Footprint PEARSON i i �RN F-24x - I GAVE JLU t - ir i 1 I 1 I I I i R! W PRAIRIE > Q W. 20-7020 EXHIBIT 'A' w �— `SOUTH ST N nc � Lu JI u I s L u Feet 0 55 110 220 330 440 1 inch = 150 feet MSC- NORTHI Zoning Acres DG 0.3 Total 0.3 20-7020 EXHIBIT 'B' SURVEY GESCgrmom A PART Gf THE SOUTHAEST «.AR TER (SW` /4—) OF THE SOUTHEAfiT QUARTER, (SEI /4-) OF SEsT1 N 'SIXTEEtI (16), T0*N -IIP SIXTEEN (16) NORW,, RANGE THIRTY 4 a WEST OF THE FIFTH PRIKCIPAL 'iVERICI4N. WASHINGTON GQAJNTY, ARKANSAS, 8ENG IMGRE RARTICIJLARL`Y DE SCWBED AS FOLL4 M5: REGININING AT THE NOf4'iHWEST CORNER OF SAID 40 ACRE TRACT, SAID PCAINT BEING AN WSTING I!JR04; 7HER"CE SOUTH 11G.00 FEET ALONG THE WEST LINE'OF SAID 40 ACRE TRACT TO A RCINT IN TA'N(.'LE'A'r.j RRANCH AKO FROM 'ANICH A REFEFENCE WN SET ON THE EAST BANK "Of SAID ERANCH SEARS N89*48141"E 2,0.85 FEET; THENCE LEA)VI IG THE WEST LINE Of SAID +0 ACRE TRACT, "48-Q'48'41"E 14l E FEET TO A 'SET IRVN "PEBAR ON THE FORMER WEST RIGHT—OF—WAY LINE CIF THE RAILROAD; THENCE '4'5'21`55'W 11197 FEET ALONG SAID F'R,IrER R�svHT—OF—WY LM TO A SET IRON ON THE NC.RTH UNE 1F SAID 40 ACRE T;OACT; THENCE LEAVINO THE F?lhlvER WEST RIGHT—OF—WAY UNE OF THE RAILROAA), S8S'4.9'41*W 112-89 R =T TG THE POINT OF 9EGINNNG, CONTAINING 0.32— .A(A' ES,, [MORE OR LESS. THE ,ASCIVE DE_SCR13ED 0.12 ACRE V ACT HAVING RIGHTS TID .A I'Eh`''PETU 4L EASEMENT FOR ONGRES6 AND EGRESS FROM SAIL) 0-32 ACRE TR ACT TG PRAIRIE STREET AS D+ESMBED IN AN ACCESS EASEMENT FROM THE CITY OF FAYETTEVILLE TO DAMES AND PAULENA SCANLON.., THE]R SWe.'CESSORS AND kS�IGNS, +Dt}a.LMENT 20:6-03U(15959. LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: March 23, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 20-7020: Rezone (NORTH OF 540 W. PRAIRIE ST.IPEARSON, 523): Submitted by CHARLES PEARSON for property located NORTH OF 540 W. PRAIRIE ST. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.30 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN 20-7020 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 20-7020 to the City Council with a recommendation of approval." BACKGROUND: The subject property is without street frontage and is located west of the Frisco Trail, approximately 350 feet north of Prairie Street. Despite the 1-1, Heavy Commercial and Light Industrial, zoning designation that was adopted in 1970, historical aerial imagery from as early as 1955 indicates that the property has remained largely undeveloped, with use limited to a vehicular turnaround. Development on the property has likely been constrained by a combination of large, industrial zoning building setbacks, a section of the Tanglewood Branch running along the western boundary, and lack of access to infrastructure. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surroundina Land Use and Znninn Direction Land Use Zoning North Undeveloped R-O, Residential Office South Single-family Residential DG, Downtown General East Park and Frisco Trail P-1, Institutional West Single-family Residential RSF-7, Residential Single-family, 7 Units per Acre, 1-1, Heavy Commercial and Light Industrial Request: The request is to rezone the 0.30-acre property to DG, Downtown General, to increase the feasibility of developing the property. Public Comment: Staff has received no public comment regarding this request. Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 1 of 13 INFRASTRUCTURE: Streets: The subject property has no public street frontage. Initial staff research indicates that there is an existing or prescriptive easement to access the property. Any drainage or street improvements required would be determined at the time of development proposal. Water: Public water is not available to the site. An off -site water main extension is required at the time of development. Sewer: Public sanitary sewer is not available to the site, but does run parallel to the Frisco Trail to the east. An off -site sanitary sewer main extension is likley required at the time of development. Drainage: Although no portion of the site lies within the Hilltop -Hillside Overlay District or a FEMA-designated floodplain, it is significantly encumbered by streamside protection requirements. Almost the entire property is within the Waterside and Management Zones. Fire: The site will be protected by Station 1, located at 303 West Center Street which is approximately 0.5 miles from the subject property. The anticipated response time would be approximately 4.2 minutes. This is within the response time goal of 6 minutes for an engine but within the 8-minute response time goal for a ladder truck. Police: The Police Department did not express any concerns with this request CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. 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: Land Use Compatibility: Staff finds the requested DG zoning district to be compatible with surrounding land uses. Although most adjacent land uses are single-family, the larger area includes a diversity of activities, densities, and building types that are permitted by and complimentary to the DIG zoning district. Even those permitted land uses that may present a potential for nuisance to surrounding properties are severely limited by the development potential of this small property and the requirements of the streamside protection zone. Additionally, the existing, heritage industrial zoning is a relic of this area's railway and warehousing history and inappropriate today. A district that allows nonresidential and residential uses is more appropriate for the current development pattern and trends of Downtown Fayetteville. GAETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 2 of 13 Land Use Plan Analysis: The proposed zoning is compatible with City Plan 2040, the Future Land Use Map (FLUM) and the City Neighborhood designation of the subject property. The DG zoning district, with its flexible setbacks and diversity of uses facilitates development of an otherwise undevelopable lot. Furthermore, DG facilitates this in a complimentary manner to the City's goals for infill, complete neighborhoods, and active transportation. Housing or services along the City's backbone trail is an ideal location for development. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is justified and needed to both accommodate development of the property in accordance with the goals outlined in the City's comprehensive plan, and develop the property within the requirements of the streamside protection ordinance. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has indirect access to Prairie Street, an Urban Center street under the Master Street Plan. Given the size of the property and associated limits on development scale, staff finds that the potential for traffic danger and congestion is negligible. 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: Rezoning the property from 1-1 to DG may increase the future population density, particularly given the allowance for residential uses under DG where it is not permitted under 1-1. That said, the size of the subject property, totaling less than one-third of an acre severely limits feasible development or opportunities for housing. Staff has encouraged the owners of the subject property and the land to the south to coordinate development to facilitate water and sewer access in an efficient manner. 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; 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: NIA GAETC\Development Services Review\20200evelopment Services\20-7020 RZN North of 540 W. Prairie St (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23,2020 Agenda Item 11 20-7020 Pearson Page 3 of 13 RECOMMENDATION: Planning staff recommends forwarding RZN 20-7020 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: March 23, 2020 O Tabled ® Forwarded O Denied Motion: Johnson Second: Belden Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.28 — Downtown General o §161.30 — 1-1, Heavy Commercial and Light Industrial • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services RevievA2020\Development Services\20-7020 RZN North of 540 w. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 4 of 13 161.28 - Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 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 (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production 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 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites rUnit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet G:\ETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 5 of 13 (2) Lot Area Minimum. None. (E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Sid— None Rear 5 feet Rear, from center line of 12 feet an alley (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories (Ord. No. 5028, 6-19-07; Ord, No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6- 18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11- 1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) GAETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 F 20-7020 Pearson Page 6 of 13 161.30 - District 1-1, 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 right Unit 3. Public protection and utility facilities UnitT 4I _ -_1 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating places Unit 16 Shopping goods pp g Unit 17 Transportation trades and services Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit 21 Warehousing and wholesale Manufacturing Unit 22 Unit 25 Offices, studios and related services Unit Wholesale bulk petroleum storage facilities 27 with underground storage tanks Unit 42 I Clean technologies (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 I Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training G1ETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 PC\03-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 7 of 13 (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts -60 feet Side, when adjoining C, I, or P districts 710 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039, Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99, Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord, No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7- 10; Ord. No. 5472; 12-20-11, Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982 , §1, 6-20-17; Ord. No. 6015 , §1(Exh. A), 11-21-17 G:\ETC\Development Services Review\2020\Development Services\20-7020 RZN North of 540 W. Prairie St. (Pearson) 333-372\01 P003-09-2020 Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 8 of 13 RZN 20-7020 Request Letter Pursuant to my request for a zoning change from I-1 to DIG for parcel 765-12942-0000, I offer the following statements in support: The existing I-1 zoning for industrial uses is incompatible with current property usage in this area. Rezoning to DG will enhance compatibility with surrounding property. In addition it provides opportunities to provide for additional uses that support the new Cultural Arts Corridor. Thank you for your consideration. C arles L. PearsoZJr. Planning Commission March 23, 2020 Agenda Item 11 20-7020 Pearson Page 9 of 13 Agenda Item 11 20-7020 Pearson Page 10 of 13 RZN20-7020 Close Up View R-o RSF-a �JrvIVERSITY,AVE RSF-7 PEARSON Proposed DG Subject Property -� — W 1ia — 1 fa- `SOUTH ST LLJ .-J `I L - Q------------- � ;' W _J Z PRAIRIE ST J w w r� �1 U {, - Wfi;i P�`'r DISC NORTH' Legend Shared Use Paved Trail - - - Trail (Proposed) Design Overlay District - -� Planning Area --+ L _ _ Fayetteville City Limits Building Footprint Feet 0 55 110 220 330 1 inch = 150 feet 440 Zoning Acres DG 0.3 Total 0.3 Planning Cofnmission 23, 2020 Agenda Item 11 20-7020 Pearson Page 11 of 13 Agenda Item 11 20-7020 Pearson Page 12 of 13 Agenda Item 11 20-7020 Pearson Page 13 of 13 RECEIVED AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ord 6303 Was inserted in the Regular Edition on: May 7, 2020 Publication Charges: $66.30 Brittany Smith Subscribed and sworn to before me This g day of 001,r, 2020. a0vuy-, Notary Public My Commission Expires: i **NOTE** Please do not pay from Affidavit. Invoice will be sent. MAY 13 2020 CCITYCL CLERKS OFFICE Ordinance: 6303 File Number: 2020-0283 RZN 20-7020 (NORTH OF 540 W. PRAIRIE ST./PEARSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7020 FOR APPROXIMATELY 0.30 ACRES LOCATED NORTH OF 540 WEST PRAIRIE STREET FROM 1-I, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO DG, DOWNTOWN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from 1-1, Heavy Commercial and Light Industrial to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 4/21/2020 Approved: Lioneld Jordan, Mayor Attest: Kara Pax 75265804 May 7, 2020