HomeMy WebLinkAboutOrdinance 4755 EXHIBIT "A"
RLN 05-1629
LOT 12 OF CMN BUSINESS PARK II,
PHASE II, FAYETTEVILLE, ARKANSAS, ALSO BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NW CORNER OF THE SE /40F THE NW %C OF SECTION 26,
TOWNSHIP 17 NORTH, RANGE 30 WEST; THENCE S87° 10' 11 "E 1059.02 FEET;
THENCE S03036' 32"W 565 . 77 FEET; THENCE N66009'46"W 1124.42 FEET;
THENCE NO2° 15 '04"E 162.64 FEET TO THE POINT OF BEGINNING AND
CONTAINING 8.829 ACRES, MORE OR LESS, AND SUBJECT TO ANY RIGHTS-
OF-WAY, EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR
FACT.
Washington County, AR
I certify this instrument was filed on
11 /10/2005 01 :04: 10 PM
and recorded in Real Estate
File Number 2005-00050771
Bette Stamps - Circuit Clerl
by
City Council Meeting of September 6, 2005 4( 75S
Agenda Item Number D;d
&l —
CITY COUNCIL AGENDA MEMO �':�y/'°�X/�
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: August 10, 2005
Subject: Rezoning for Dixie Development (R7_N 05- 1629)
RECOMMENDATION
The Planning Commission voted to recommend approval of the subject rezoning request
rezoning approximately 8.83 acres of property from R-O, Residential Office, to C-2,
Thoroughfare Commercial.
BACKGROUND
The subject property contains 8.83-acres and is owned by Dixie Development. It is
located north of Van Asche, and west of Mall Avenue identified as Lot 12 of CMN
Business Park. Surrounding properties are a mix of commercial uses to the north with the
Goody's retail clothing store adjacent to the northern border. Mud Creek flows east-west
adjacent to the southern border of the site. This riparian corridor has been preserved as
part of the 1 .7-mile long City of Fayetteville Mud Creek Trail . To the south of Mud
Creek is Fuddrucker's restaurant, Noodles restaurant is under construction to the east, and
undeveloped land is located immediately west of the site. The applicant intends to
develop this property for a restaurant and a mix of retail uses, similar in density and
character to the surrounding development. The applicant requests a rezoning of the
subject property from R-O to C-2 to allow the development of retail uses, and to allow a
restaurant on the site without having to obtain a conditional use permit. Staff
recommends approval of this rezoning request based on findings stated herein. The
development of this property will be compatible with those commercial developments
surrounding the property and the CMN Business Park vicinity.
DISCUSSION
This item was heard at the regular Planning Commission on August 8, 2005 . The
Planning Commission voted 8-0-0 to recommend this rezoning request to the City
Council .
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 05- 1629 FOR APPROXIMATELY
8.8 ACRES LOCATED AT LOT 12 CMN BUSINESS PARK,
* NORTHWEST OF THE VAN ASCHE AND MALL AVENUE
INTERSECTION FROM R-O, RESIDENTIAL-OFFICE TO C-2,
THOROUGHFARE COMMERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the folL wing do escri6ed;property is
hereby changed as follows:
t
From R-O, Residential-Office to'C2;,Thoroughfare Commercial,
a �
as shown on Exhibit "A" Attached heret'to�an�d mlade a part hereof.
Section 2 : That the official zovi VWWW
g-map of the City.ofiFayetteville, Arkansas is
hereby amended to reflect the zoning chan mvA ded in Section 1 above.
PASSED and APPROVED thisil . IIIday o 2005.
APPROVED:
:t
By:
DAN GOODY, Mayor
ATTEST•\
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 05-1629
LOT 12 OF CMN BUSINESS PARK II,
PHASE II, FAYETTEVILLE, ARKANSAS, ALSO BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NW CORNER OF THE SE '/< OF THE NW /40F SECTION 26,
TOWNSHIP 17 NORTH, RANGE 30 WEST; THENCE S87' 10' 1 I "E 1059.02 FEET;
THENCE S03036'32"W 565 .77 FEET; THENCE N66°09'46"W 11.24 42 FEET;
THENCE NO2015 '04"E 162.64 FEET TO THE POINT OF BEGINNING AND
CONTAINING 8.829 ACRES, MORE OR LESS, AND SUBJECT TO ANY RIGHTS-
OF-WAY, EASEMENTS, COVENANTS OR RESTRICTIONS'OF�RECORD OR
FACT. \ \
aye e
eve PC Meeting of August 8, 2005
ARKANSAS
125 W- Mountain St.
THE CITY OF FAYETTEVILLE. ARKANSAS
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM : Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 3 , 2005
RZN 05- 1629: (DIXIE DEVELOPMENT — LOT 12 CMN BUSINESS PARK, 173): Submitted
by ROGER TROTTER of SHELDEN ENGINEERING for property located at LOT 12 CMN PARK,
NW OF THE VAN ASCHE AND MALL AVE INTERSECTION . The property is zoned R-O,
RESIDENTIAL OFFICE and contains approximately 8.83 acres. The request is to rezone the subject
property to C-2, Commercial Thoroughfare.
Owner: DIXIE MANAGEMENT & INVESTMENT, LP
Planner: ANDREW GARNER
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PUNNING COMMISSION `ACTION" Required YES
4!11Mtf ' Fv �Approved ❑ Denied
Dhte: AoaukC8 1005 , x % '
1lR�S pI h 1pIZU
( 7
CITY COUNCIL ACTION: , Required . YES
' " - OApproved ❑ Denied -
Dater September 6, 2005 (151 reading if recommended)
BACKGROUND:
Property description: The subject property contains one 8 . 83-acre parcel identified as Lot 12 of
CMN Business Park north of Van Asche, and west of Mall Avenue. Surrounding properties are a
mix of commercial uses to the north with the Goody' s retail clothing store adjacent to the northern
border. Mud Creek flows cast-west adjacent to the southern border of the site and is a significant
environmental preservation and recreation feature in the City. This riparian corridor has been
preserved as part ofthe 1 .7-mile long Cityof Fayetteville Mud Creek Trail. The 100-year floodplain
for Mud Creek covers a majority of the site, and a wetland mitigation area is also adjacent to Mud
Creek in this vicinity. To the south of Mud Creek is Fuddruckel' s restaurant, Noodles restaurant is
under construction to the east, and undeveloped land is located immediately west of the site.
A:IReivrUI1005iPC ReporUI08-08-051 RZN 05.1619 (DLvie Development - Lot 12 CMN Business Park)Ad
Proposal: The applicant intends to utilize the property for a restaurant and a mix of retail uses.
However, Use Units 13, 15, and 16 under which restaurants and many retail uses are located are not
permitted uses in the R-O, Residential Office zoning district. Use Unit 13 , Eating Places, is allowed
as a conditional use in the R-O zoning district. The applicant proposes a rezoning of the subject
property to C-2, Thoroughfare Commercial, to allow for a use that is compatible and similar in
nature to the uses that surround the parcel and vicinity.
Recommendation: Staff recommends approval of the rezoning request. This site is designated as
Regional Commercial on the future land use plan, which is consistent with the C-2 zoning district.
The site is part of a remaining pocket of R-O zoning district entirely surrounding by C-2. This
project is within the largest area of commercial development in the City in the vicinity of major
thoroughfares, namely 1-540 and College Avenue. This area of Fayetteville contains a number of
restaurant, shopping, and commercial uses including the Northwest Arkansas Mall, serving the
Northwest Arkansas region.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Good 's C-2, Thoroughfare Commercial
South Mud Creek; Fuddrucker' s Restaurant C-2, Thoroughfare Commercial
East Noodles Restaurant under construction R-O, Residential Office
West Undeveloped C-2. Thoroughfare Commercial
INFRASTRUCTURE:
Streets : Access to the site is provided by Mall Avenue, a collector street, as identified in the
Master Street Plan.
Water: Public water is adjacent to the site. There is an 8" main along Mall Avenue. The 36"
main also passes along the north property line. This line has a large easement with
no development allowed.
Sewer: The site has access to sanitary sewer. There is a large diameter sewer main as well as
a large diameter force main along the north property line.
Fire: The Fayetteville Fire Department has reviewed the request and has estimated that the
response time from Fire Station No. 4 to the site would be approximately five
minutes for a distance of 1 .5 miles.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services.
K:IReporuu120051 PC Reporis108-08-051 RZN 05-1629 (Dixie Development - Lat 12 CMN Business Park).doc
LAND USE PLAN : The Future Land Use Plan designates this site for Regional Commercial.
Rezoning this property to C-2, Thoroughfare Commercial is consistent with the land use plan for this
area and the proposed use is compatible with surrounding properties that are similarly zoned.
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 rezoning is consistent with current land use planning objectives
and policies and is compatible with adjacent properties in the same district.
Surrounding properties are primarily commercial in nature with some
undeveloped area, and function entirely within a commercial district. The
property in question is part of a small pocket of R-O surrounded by C-2. The
entire area near the I-540/College Avenue interchange is indicated on the Future
Land Use plan as a large regional commercial area that would be best facilitated
by uses allowed within the C-2 zoning district. The other R-O property in the
zone was recently approved for a restaurant requiring a Conditional Use.
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 in order to promote orderly and consistent
development patterns. The General Plan 2020 identifies the Guiding Policies for
Regional Commercial areas as follows :
Areas that provide enough retail business and service space to enable
Fayetteville to realize its full potential as a regional market.
Encourage continuing improvements and expansion of regional shopping
and entertainment attractions.
Ensure that transportation network serving regional commercial areas
meet acceptable levels of service.
Require large commercial sites to be designed and landscaped to
preserve aesthetic character of their surroundings.
The proposed use would be compatible and similar to adjacent land uses and
would encourage continued growth of this identified regional commercial area.
K.lReportsl20051PC Repora108-08-051R7N 05-1629 (DLvie Development - Lot 12 CMN Business Park).doc
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Future development with the proposed zoning would potentially increase traffic
accessing onto Mall Avenue more than allowed under the current R-O zoning.
However the roadways in this area have been designed to accommodate
surrounding regional commercial development and the proposed rezoning of a
small remaining pocket of R-O would not create additional traffic that would
result in traffic danger or congestion.
Police — It is the opinion of the Fayetteville Police department that an appreciable
increase and traffic danger and congestion will not be created by this rezoning
request.
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 would not substantially alter the population density in the
area. Public service providers have responded accordingly:
Police — This rezoning will not substantially alter the population density thereby
undesirably increasing the load on police services.
Fire — This rezoning is in close proximity to Fire Station No. 4 and has an
adequate response time of rive minutes.
Engineering - Water: Public water is adjacent to the site. There is an 8" main along
Mall Avenue. Water service will need to be extended within the
property at the time of development and additional connections may be
required to complete a looped system. A 36" water main also passes
along the north property line; however, this line has a large easement
that specifies no construction. There are no plans to improve the water
system in this area.
Sewer: The site has access to sanitary sewer. There is a large diameter
sewer main as well as a large diameter force main along the north
property. Sewer service will need to be extended within the property at
the time of development.
Streets : Currently the site has access to Mall Avenue, a collector street
on the Master Street Plan.
K:I Reporal20051PC Repora108-08-051 R7N 05-1629 (Dixie Development - Lol 12 CMN Business Park).doc
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
K:IReporul20051PC ReporaIO8-08-05IR W OS-1629 (Daie Development - Lot 12 CMN Rusiness Pork).doc
Fayetteville Unified Development Code I Sinale-familv 6,000 sq. n.
Two-famil 6,500 sq. ft.
Three or more 8,000 sq. ft.
Section 161 . 1 $ Fraterni or Sorori 1 acre
District R-O, Residential Office
(3) Land area per dwelling unit.
(A) Purpose. The Residential-Office District is
designed primarily to provide area for offices Manufactured home 3,000 sq. ft.
without limitation to the nature or size of the Townhouses & apartments:
No bedroom 1 ,000 sq. ft.
office, together with community facilities, One bedroom 1 ,000 sq. ft.
restaurants and compatible residential uses. . Two or more 1 ,200 sq. ft.
bedrooms
(13) Uses. Fraternity or Sorod 500 sq. ft. per resident
(D) Density.
( 1 ) Permitted uses. 11
Units per acre 4 to 24
Unit 1 City- de uses by right
Unit 5 Government facilities
Unit 8Single-family dwellings
Unit 9 Two-family dwellings (E) Setback regulations.
Unit 11 Manufactured home park
Unit 12 Offices, studios and related services
Unit 25 Professional offices Front 30 ft.
Front, if parking is allowed between the right- 50 ft.
of-my and the building
(2) Conditional uses. Side 10 ft.
Side, when conn uous.to a residential district. 15 ft.
Unit 2 City- de uses b conditional use permit Rear, without easement or alley 25 ft.
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities Rear, from center line of public alley 10 fl.
Unit 13 Eating laces
Unit 24 Home occupations (F) Height regulations. There shall be no
Unit 26 Multi-familydwellings maximum height limits in R-O Districts, provided,
Unit 36 Wireless communications facilities however, that any building which exceeds the
height of 20 feet shall be set back with any
(C) Bulk and area regulations. boundary line of any RSF or RMF District an
additional distance of one foot for each foot of
(Per dwelling unit for residential structures) height in excess of 20 feet.
( 1 ) Lot width minimum. (G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
Manufactured home ark 100 ft. ' area of such lot.
Lot within a manufactured home 50 (t.
ark
Single-family 60 ft. (Cale No. 1965, App. A., An. 5(x); Ord No. 2414, 2-7-78; Ord, No.
Two-family 60 ft. 2603, 2-19-80; Ord. No. 2621 , 4- 1 -80; Ord. No. 1747, 6-29-70; Code
Three or more 90 ft. 1991 , § 160.041 ; Ord. No. 4100, §2 (EX. A), 6-16-98; Ord. No. 4178,
8-31 -99)
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq. ft.
ark
Townhouses:
Development 10,000 sq. fl.
Individual lot 2,500 sq. ft.
K. Weporls12005WC Reporulll8-08-051MV 05-1629 (Dixie Development - Lot 12 CMN Business Park).doc
Fayetteville Unified Development Code (G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
Section 161 .17 area of such lot.
District C-2, Thoroughfare Commercial
(Code 1965, App. A., An. 5(VI); Ord. No. 1833, I I -1 -71 ; ORI. No.
2351 , 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code
(A) Purpose. The Thoroughfare Commercial 1991 , § 160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, .§2
District is designed especially to encourage the (Ex. A), 6-16-98; ORI. No. 4178, 8-31 -99)
functional grouping of these commercial
enterprises catering primarily to highway travelers.
(B) Uses.
( 1 ) Permitted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 12 Offices, studios and related services
Unit 13 Ealing laces
Unit 14 Hotel, motel, and amusement facilities
Unit 15 Neighborhood shopping oods
Unit 16 Shopping oods
Unit 17 Trades and services .
Unit 18 Gasoline service stations & drive-in restaurants
Unit 19 1 Commercial recreation, small sites
Unit 20 1 Commercial recreation, large sites
Unit 33 1 Adult live entertainment dub or bar
Unit 34 Liquor store
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 (t.
Side None
Side, when conn uous to a residential district 15 ft.
11 Rear 20 4.
(F) Height regulations. In District C-2 any
building which exceeds the height of 20 feet shall
be set back from any boundary line of any
residential district a distance of one foot for each
foot of height in excess of 20 feet- No building
shall exceed six stories or 75 feet in height.
K.,IRepoml2005V'C ReporuIO8-08-05W-NOS-1619 (Dixie Development - Lot 11 CMN Business Park).doc