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
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Bather Woodruff, City Clef A o v 70
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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)
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