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HomeMy WebLinkAboutOrdinance 4400 ORDINANCE NO. 4400 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02- 13 .00 FOR A PARCEL CONTAINING APPROXIMATELY 32.62 ACRES KNOWN AS CMN BUSINESS PARK H. PHASE I. LOT IA, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY MEL MILHOLLAND ON BEHALF OF MARJORIE BROOKS, NANCHAR, INC., AND BRISTOL DEVELOPMENT GROUP, LLC 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, to RMF- 12, Moderate Density Multi-Family Residential, as shown in Exhibit A attached hereto and made a part hereof. Section 2 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 4`" day of June, 2002 . APPROVED : D COODY, Mayor • < jiCn y o M � ? 6 O y. o Bather Woodruff, City Clef A o v 70 3 NO O .t W O 20 ;'i '' " 71 779 Ord . 4400 EXHIBIT "A" LOT ONE A ( 1 A) OF CMN BUSINESS PARK H, PHASE I DESCRIBED AS FOLLOWS : A PART OF THE W %a OF THE SW %4 OF SECTIN 23, T- 17-N, R-30-W, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTOIN; THENCE ALONG THE WEST BOUNDARY OF SAID SECTION N 02-25-28 E 842.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY N 02-25-28 E 1097. 18 FEET TO THE CENTELRINE OF CLEAR CREEK; THENCE ALONG SAID CREEK CENTERLINE N 74-35- 14E 408 .33 FEET, S 86-43-46 E 293 .08 FEET, N40-49- 18 E 328.07 FEET, S 73-58-43E 101 .01 FEET, S 01 - 14- 16 E 84.92 FEET, S 21 -33-25 E 76. 55 FEET, N 85-57-34 E 159.41 FEET, AND N 60-09-29 E 173 .40 FEET TO THE EAST BOUNDARY OF SAID 80 ACRE TRACT; THENCE ALONG SAID BOUNDARY S 02-38-39 W 994.93 FEET TO THE NORTH RIGHT-OF-WAY OF STEELE BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY N 87- 21 -21 W 218. 75 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 235 .00 FEET AND A DELTA ANGLE OF 66-06-07; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 271 . 12 FEET, HAVING A CHORD BEARING AND DISTANCE OF S 59-35-36 W 256.33 FEET; THENCE S 26-32-32 W 124.63 FEET; THENCE LEAVING SAID RIGHT-OF- WAY N 63-27-28 W 260. 17 FEET; THENCE S 66-03-55 W 154.77 FEET; THENCE S 26-32-32W 314.22 FEET TO THE SOUTHERLY BOUNDARY OF LOT 1 ; THENCE ALONG SAID BOUNDARY N 72-34-57W 343 .54 FEET TO THE POINT OF BEGINNING, CONTAINING 32.626 ACRES OR 1 ,4211193 . 798 S.F., MORE OR LESS, CITY OF FAYETTEVILLE, ARKANSAS. 2H, 2, 713S0 IGsrtrty , Bette Stamps, Circuit Clerk and 6c-officio Re of for Washington County, Arkansas, rd herebyas that this instrument was filed for record in my refior ed indicated hereon and the same d now duly recxded with the acknowledgement and certificate a hi 10'on in Record Book and Fag' as indicate! thwe��n. IN WITNESS WHEREOF, I have herwmce set my hand and affixed the seal of said Cour. on the date indr cffied hereon. We Scamps der Circuit Clerk and Exoffi R • by --------' 0 0 NAME OF FILE: Ordinance No. 4400 CROSS REFERENCE: 06/04/02 Ordinance No. 4400 Exhibit "A" (RZN 02-13.00)(approx. 32.62 acres known as CMN Business Park H, Phase I, Lot IA, Fayetteville, Arkansas, as submitted by Mel Milholland on behalf of Marjorie Brooks, Nanchar, Inc. and Bristol Development Group, LLC) 05/09/02 Planning Division Correspondence 05/17/02 Planning Division Correspondence 05/13/02 Planning Commission Minutes (Pages 10- 14) 06/04/02 Staff Review Form 06/05/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 02-13.00 FOR A PARCEL CONTAINING APPROXIMATELY 32.62 ACRES KNOWN AS CMN BUSINESS PARK II, PHASE 1, LOT 1A, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY MEL MILHOLLAND ON BEHALF OF MARJORIE BROOKS, NANCHAR, INC., AND BRISTOL DEVELOPMENT GROUP, LLC 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, to RMF-12, Moderate Density Multi- Family Residential, as shown in Exhibit A attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this day of 2002. APPROVED: SRR By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT "A" LOT ONE A (1A) OF CMN BUSINESS PARK II, PHASE I DESCRIBED AS FOLLOWS: A PART OF THE W '/: OF THE SW '/4 OF SECTIN 23, T-17-N, R-30-W, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTOIN; THENCE ALONG THE WEST BOUNDARY OF SAID SECTION N 02-25- 28 E 842.08 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING ALONG SAID BOUNDARY N 02-25-28 E 1097.18 FEET TO THE CENTELRINE OF CLEAR CREEK; THENCE ALONG SAID CREEK CENTERLINE N 74-35-14E 408.33 FEET, S 86- 43-46 E 293.08 FEET, N40-49-18 E 328.07 FEET, S 73-58-43E 101 .01 FEET, S O1-14-16 E 84.92 FEET, S 21-33-25 E 76.55 FEET, N 85-57-34 E 159.41 FEET, AND N 60-09-29 E 173.40 FEET TO THE EAST BOUNDARY OF SAID 80 ACRE TRACT; THENCE ALONG SAID BOUNDARY S 02-38-39 W 994.93 FEET TO THE NORTH RIGHT-OF-WAY OF STEELE BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY N 87-21 -21 W 218.75 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 235.00 FEET AND A DELTA ANGLE OF 66-06-07; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 271 . 12 FEET, HAVING A CHORD BEARING AND DISTANCE OF S 59-35-36 W 256.33 FEET; THENCE S 26-32-32 W 124.63 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N 63-27-28 W 260.17 FEET; THENCE S 66-03-55 W 154.77 FEET; THENCE S 26-32-32W 314.22 FEET TO THE SOUTHERLY BOUNDARY OF LOT 1 ; THENCE ALONG SAID BOUNDARY N 72-34-57W 343.54 FEET TO THE POINT OF BEGINNING, CONTAINING 32.626 ACRES OR 11421 ,193.798 S.F., MORE OR LESS, CITY OF FAYETTEVILLE, ARKANSAS. RZN 02- 13.00 CMN Business Park 11, Ph1 , Lot la FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Shelli Rushing, Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: May 9, 2002 RZN 02-13.00: Rezoning (CMN Business Park I1, ph. I Lot IA, pp 134) was submitted by Mel Milholland of Milholland Engineering & Surveying on behalf of Bristol Development Group, LLC for property owned by CMN Properties and located on Lot 1 A of CMN Business Park II, ph. I. The property is zoned C-2, Thoroughfare Commercial and contains approximately 32.62 acres. The request is to rezone to RMF- 12, Moderate Density Multi-Family 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: May 13, 2002 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: June 4, 2002 ( 1 " reading, if recommended) Comments: H:IUSERSICOMMONIDARN7IREPOR7SIPCI2002 REPOR7SIBRISTOL RZN01-1DOC RZN 02- 13.00 CMN Business Park II, Ph1 , Lot la BACKGROUND: The subject property is located within the CMN Business Park II, north of Joyce Boulevard and west of Steele Boulevard, with direct access to Steele Boulevard. The Northwest Arkansas Mall is east of the property and the City of Johnson city limits are on the north and west sides of the property. To the south of the property, a commercial development (Party City) is under construction. The property and surrounding area within the Fayetteville city limits is zoned C-2 Thoroughfare Commercial and is identified as regional commercial in the Future Land Use Plan. The subject property is part of a lot split request on the May 16, 2002 Subdivision Committee agenda. Lot I of CMN Business Park II, Phase 1 was originally platted on June 13, 2001 with 35 .82 total acres. The applicant is requesting a lot split to create two lots: Lot la with 32.62 acres and Lot lb, at the southeast corner, with 3 .20 acres. The rezone request is for Lot la with 32.62 acres. The applicant does not propose to rezone Lot lb, maintaining the zoning designation of C- 2 Thoroughfare Commercial. The applicant is proposing to construct a luxury apartment development on Lot 1 a. The property is currently zoned C-2 Thoroughfare Commercial, which does not allow multifamily units. The request is to rezone Lot la from C-2 Thoroughfare Commercial to RMF- 12 Moderate Density Multi-Family Residential to allow multifamily units with a maximum density of 12 units per acre and to decrease the intensity of use at this location. There has been very little rezoning activity in the immediate area. Rezoning cases that have occurred have been requests to increase intensity. In this instance, the applicant is requesting a downzone which will decrease intensity. No previous requests in this area are similar to this case. SURROUNDING LAND USE AND ZONING North: The property abuts the Johnson City Limits. The floodway of Clear Creek is to the north of the property. Properties further north are zoned A- 1 Agriculture and C- 1 Low-Intensity Commercial according to City of Johnson's zoning regulations. South: A commercial development is under construction. Zoned C-2 Thoroughfare Commercial. East: To the east of the property is the Northwest Arkansas Mall and a forested drainage gully separates the two properties. Zoned C-2 Thoroughfare Commercial. West: The property abuts the Johnson City Limits to the west and is zoned R- 1 Low Density Residential according to City of Johnson's zoning regulations. H.IUSERSICOMMOMDAI4NTIREPORTSIPC12002 REPORTSIBRISTOL RZN02-I.Z)OC RZN 02-13 .00 CHIN Business Park 11, Ph1 , Lot la INFRASTRUCTURE: The CMN Business Park II, Phase 1 was recently developed as platted on June 13, 2001 . The City Engineer reviewed the plats to ensure that adequate infrastructure would be available for development of individual sites. Streets: Street access is available from Steele Boulevard, to the east of the property, which is a Principal Arterial south of Joyce Boulevard and a local street between Joyce Boulevard and the outer road serving Northwest Arkansas Mall. Joyce Boulevard is approximately 400 feet south of the property and is a Principal Arterial on the Master Street Plan. Adjacent to this property, Steele Boulevard is constructed with a three lane section providing a turning lane available to serve a development on the subject property. Water: An existing eight (8) inch water main is located along Steele Boulevard that is designed to serve Lot 1 . There are three fire hydrants nearby: two are located on Lot 1 on the west side of Steele and the third is located on the east side of Steele Boulevard across from the southeast corner of Lot 1 . The developer intends to extend water service throughout the development. The developer proposes to use a landscape irrigation system and install sprinkler systems in several units. Sewer: Sanitary sewer is provided along Steele Avenue, along the south of the project's east boundary. Two sanitary sewer manholes are stubbed into Lot 1 and a service system will be designed for the project. LAND USE PLAN: General Plan 2020 designates this site as regional commercial. Rezoning this property to R-MF12 is not consistent with the land use plan map. However, the proposed zoning is compatible with surrounding land uses in the area and will help implement policy 9. 8f of the City's General Plan (see # 1 under Findings of the Staff). FINDINGS OF THE STAFF 1 . 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 a downzone from an intense commercial use to a less intense residential use. The residential uses allowed in RMF-12 serve as appropriate buffers between adjacent commercial areas to the east and south and the low-density residential areas to the north and west in Johnson. The proposed zoning will provide a moderate density residential option that is H:IUSERSICOMMOA90A fhRWPOR7'SIPCI2002 REPORTSIBRISTOL RZN02-L OC RZN 02- 13 .00 CMN Business Park II, Ph1 , Lot la within walking distance of adjacent commercial areas. The propose rezone helps implement Policy 9.8f of the city's General Plan, which states: "Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure and retail and commercial goods. " 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning will likely reduce the amount of impact this site would have if it were to remain a C-2 zone. The proposed residential use will help reduce total traffic by offering pedestrian access between residential and commercial uses. Further, as shown below, peak travel times of residential and commercial are different, therefore, the residential use should not significantly impact peak travel times on the adjacent road system. Additionally, there is little available land for a medium density residential in the northern portion of the city. The proposed zoning will increase the variety of residential options in northern Fayetteville. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will increase traffic to the adjacent street system, however, is not anticipated to be extreme enough to create danger or reduce the level of service on adjacent streets. According to the Traffic Eneineerim Handbook , Institute of Transportation Engineers, the peak travel hours for residential use are different than that of commercial use. Peak travel hours for residential is generally in the early morning hours of the week, whereas, peak travel hours for commercial is typically Saturday, early morning and early afternoon. The proposed zoning should have less of an impact than if the site were to remain C-2. Steele Boulevard provides access to the site and the applicant is proposing a single curb cut to serve the development. Steele Boulevard is a Primary Arterial on the City's Master Street Plan and has adequate capacity to support the impact that would be created by the proposed zoning. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning will increase the population density. However, it is not anticipated that it will create an undesirable load on existing facilities. The K9USERSICOMMOMDA WN7IREPOR7S60CI2002 REPORTSIRRISTOL RZN02-I.1)OC RZN 02- 13.00 CMN Business Park II, Ph1 , Lot la water and sewer departments have indicated capacity is available for continued development that follows recent trends. The school district has indicated that they can support additional students and will adjust as necessary. The maximum density level allowed in RMF-12 is 12 families per acre, which, with 32.6 acres proposed, amounts to 391 families or units. Using 2000 census data, the average household size of renter-occupied units is 2.04. When this figure is applied to this property, it results in approximately 797 persons (391 x 2.04). 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: The proposed zoning is compatible with and compliments surrounding land uses, is consistent with the 2002 General Plan policies and will not create a negative impact to the existing street system or other public services. H.IUSERSICOMMONIDA WN7IREPORIYPC12002 REPOR7SIRRISTOL RZN02-IDOC RZN 02- 13.00 CMN Business Park 11, Ph1 , Lot la §161 .14 DISTRICT C-2 THOROUGH- Unit 2 City-Wide Uses by Conditional FARE COMMERCIAL. Use Permit Unit 3 Public Protection and Utility A. Purpose. The Thoroughfare Facilities Commercial District is designed especially Unit 21 Warehousing and Wholesale to encourage the functional grouping of these commercial enterprises catering Unit 28 Center for Collecting primarily to highway travelers. Recyclable Materials Unit 32 Sexually Oriented Business B. Uses. C. Bulk and Area Regulations. 1. Permitted Uses. Setback lines shall meet the following Unit 1 City-Wide Uses by Right minimum requirements: Unit 4 Cultural and Recreational From Street ROW ill ft. Facilities From Side Property Line one Unit 12 Offices, Studios and Related From Side Property.Line 5 ft. Services When Contiguous to a Unit 13 Eating Places Residential District Unit 14 Hotel, Motel and Amusement From Back Property 20 ft. Facilities Line Unit 15 Neighborhood Shopping Goods D. Building Area. On any lot the Unit 16 Shopping Goods area occupied by all buildings shall not Unit 17 Trades and Services exceed 60% of the total area of such lot. E. Height Regulations. In District Unit 18 Gasoline Service Stations and C-2 any building which exceeds the height Drive-In Restaurants of 20 feet shall be set back from any Unit 19 Commercial Recreation boundary line of any residential district a Unit 20 Commercial Recreation, Large distance of one foot for each foot of height Sites in excess of 20 feet. No building shall Unit 24 Outdoor Advertising exceed six stories or 75 feet in height. Unit 33 Adult Live Entertainment Club (Code 1991 , § 160.036; Code 1965, App. A, or Bar Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11 - 1 -71 ; Ord. No. 2351 , 6-2- 177; 2. Uses Permissible on Ord. No. 2603, 2- 19-80; Ord. No. 4034, Appeal to the Planning Commission. §§3141 4- 15-97) H.WSERSICOMMOMDA WNTIREPOR7SIPCI2002 REPORTSIRRTSTOL RZN02-T3DOC