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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