HomeMy WebLinkAboutOrdinance 4869 ` � IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII VIII VIII still 11
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Recorded : 05/23/20060atT 11 : 24 :R55 AM
Fee Amt : $11 .00 Paoe 1 of 2
: Washlnoton Countv . AR
Bette Staws(�Clrcult Clerk Q !�
F11e200640020802
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ORDINANCE NO. 4869
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06-2008, FOR APPROXIMATELY
53 .93 ACRES, LOCATED AT CMN BUSINESS PARK 11, PHASE
III, NORTHWEST OF VAN ASCHE AND STEELE BOULEVARD,
FROM R-O, RESIDENTIAL OFFICE AND C- 15
NEIGHBORHOOD COMMERCIAL TO C- 1 , NEIGHBORHOOD
COMMERCIAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS: '
Section l : That the zone classification of the following described property is hereby
changed as follows:
From R-0, Residential Office and C- 1 , Neighborhood
Commercial to C- 1 , Neighborhood Commercial, as
shown on 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.
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PASSED and APPROVED this 2nd day of May, 2006. ;'
FAYETTEVILLE
APPROVED: ATTEST:
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By: By: `l .t��®t�eL/ t[ i✓
DAN COOD , - ayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2008
PHASE III OF THE CMN BUSINESS PARK II TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. SAID PHASE III BEING A PART OF THE NEIA
AND A PART OF THE N1 /2 OF THE SEI /4 ALL IN SECTION 27, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID
SECTION 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 S02°28'46"W
1536.46 FEET TO THE POINT OF BEGINNING; THENCE S02°28'46"W 1107.09 FEET TO
AN IRON PIN FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 27;
THENCE S02028'46"W 167.56 FEET TO A FOUND IRON PIN; THENCE DEPARTING THE
EAST LINE OF SAID SECTION 27 AND ALONG THE NORTH LINE OF CENTERBROOK
SUBDIVISION AND ALONG THE NORTH LINE OF JOHNSON ROAD SUBDIVISION
N86054'28"W 1468. 14 FEET TO THE EAST RIGHT-OF-WAY LINE OF GREGG AVENUE
(VARIABLE WIDTH R/W); THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE
FOLLOWING 5 (FIVE) COURSES: NOI '33'44"E 1155.07 FEET; NO3° 16'50"E 300. 17 FEET;
NO2024'45 "E 275.23 FEET; N16°32'02"E 225.44 FEET; N13°03'47"E 20.81 FEET; THENCE,
DEPARTING SAID EAST RIGHT-OF-WAY LINE S87013'50"E 355 .71 FEET TO THE
CENTERLINE OF MUD CREEK; THENCE ALONG SAID CENTERLINE S66°06'23"E
286.59 FEET TO THE INTERSECTION OF THE CENTERLINE OF SCULL CREEK;
THENCE ALONG SAID CENTERLINE THE FOLLOWING 4 (FOUR) COURSES :
S30018' 15 "E 64.39 FEET; S14°36'41 "W 279.70 FEET; S41 °05'46"E 82.27 FEET; S05° 19' 16"E
214.00 FEET; THENCE DEPARTING SAID CENTERLINE S87°08'44"E 739.76 FEET TO
THE POINT OF BEGINNING, CONTAINING 53 .93 ACRES, MORE OR LESS. SUBJECT
TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
> Washington County, AR
i
p tl certify this instrument was filed on
05/23/2008 11 :24:55 AM
•and recorded in Real Estate
File Number 2006-00020802
I, Bette Stamps - Circuit Cie k
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Dk p
City of Fayetteville
Staff Review Form n 0�
City Council Agenda Items /<
or �Mnl6
Contracts
2-May-06
�Q City Council Meeting Date
Jeremy Patel Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2008 (CMN II, Phase III, 172/211 ): Submitted by McClelland Consulting Engineers for property located at CMN
Business Park II Phase III, northwest of Van Asche and Steele Boulevard. The property is zoned R-O, Residential Office and
C- 1 , Neighborhood Commercial and contains approximately 53.93 acres. The request is to rezone the subject property to C- 1 ,
Neighborhood Commercial.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Dale Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
De tment director y Date Original Contract Date: nla
Original Contract Number: n/a
City At orney
Received in y ClerkOffice
"Ulm1��0G
FinancA and Internal Service Director Date
Received in Mayor's Office EMBED
Mayor e
Comments:
City Council Meeting of May 02, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: April 13, 2006
Subject: Rezoning for CMN II Phase III (RZN 06-2008)
RECOMMENDATION
Planning Staff recommends approval of rezoning the subject 53 .93-acre property from R-
O to C- 1 .
BACKGROUND
The subject property contains 53.93 acres known as CMN Business Park II Phase III,
located east of Gregg Ave. and north of the proposed extension of Van Asche Dr. The
tract consists of both C- 1 ( 16.73 acres) and R-O (37.20 acres) zoning districts. There are
various surrounding zoning districts, including RSF-4 to the south, R-A to the west and
C- 1 to the east. Mud Creek and Skull Creek traverse the site along the eastern and
northern property lines.
DISCUSSION
This Planning Commission heard the item on April 10, 2006. The Planning Commission
voted 8-0-0 to recommend approval of a rezoning to C-1 to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-20083 FOR ,
APPROXIMATELY 53 .93 ACRES, LOCATED
AT CMN BUSINESS PARK II PHASE III,
NORTHWEST OF VAN ASCHE AND STEELE
BOULEVARD, FROM R-O, RESIDENTIAL
OFFICE AND C- 1 , NEIGHBORHOOD
COMMERCIAL TO C- 1 , NEIGHBORHOOD
COMMERCIAL.
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 R-O, Residential Office and C- 1 ,
Neighborhood Commercial to C- 1 , Neighborhood
Commercial, as shown on 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 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHLBIT "All
RZN 06-2008
PHASE III OF THE CMN BUSINESS PARK II TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. SAID PHASE III BEING A PART OF THE NE1 /4 AND
A PART OF THE N1 /2 OF THE SE1/4 ALL IN SECTION 27, TOWNSHIP 17 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID
SECTION 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 S02`28'46"W
1536.46 FEET TO THE POINT OF BEGINNING; THENCE S02°28'46"W 1107.09 FEET TO AN
IRON PIN FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 27; THENCE
S02028'46"W 167.56 FEET TO A FOUND IRON PIN; THENCE DEPARTING THE EAST LINE
OF SAID SECTION 27 AND ALONG THE NORTH LINE OF CENTERBROOK SUBDIVISION
AND ALONG THE NORTH LINE OF JOHNSON ROAD SUBDIVISION N86054'28"W 1468.14
FEET TO THE EAST RIGHT-OF-WAY LINE OF GREGG AVENUE (VARIABLE WIDTH R/W);
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING 5 (FIVE) COURSES:
N01 033'44"E 1155.07 FEET; NO3'1 6'50"E 300. 17 FEET; NO2°24'45"E 275.23 FEET;
N16032'02"E 225.44 FEET; N13°03'47"E 20.81 FEET; THENCE DEPARTING SAID EAST
RIGHT-OF-WAY LINE S87013'50"E 355.71 FEET TO THE CENTERLINE OF MUD CREEK;
THENCE ALONG SAID CENTERLINE S66006'23"E 286.59 FEET TO THE INTERSECTION OF
THE CENTERLINE OF SCULL CREEK; THENCE ALONG SAID CENTERLINE THE
FOLLOWING 4 (FOUR) COURSES: S30`1815"E 64.39 FEET; S14°36'41 "W 279.70 FEET;
S41005'46"E 82.27 FEET; S05`19'16"E 214.00 FEET; THENCE DEPARTING SAID
CENTERLINE S87008'44"E 739.76 FEET TO THE POINT OF BEGINNING, CONTAINING
53.93 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
Taye e Ie PC Meeting of April 10, 2006
f ARKANSAS
THE CITY OF FAYE77EVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: March 24, 2006
RZN 06-2008 (CMN Il, Phase III, 172/211): Submitted by MCCLELLAND CONSULTING .
ENGINEERS for property located at CMN BUSINESS PARK II PHASE 111, NW OF VAN ASCHE
AND STEELE BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and C- 1 ,
NEIGHBORHOOD COMMERCIAL and contains approximately 53.93 acres. The request is to
rezone the subject property to C- 1 , Neighborhood Commercial.
Owner: MSB PROPERTIES/NANCHAR, INC.
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
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BACKGROUND:
Property description: The subject property contains 53 .93 acres known as CMN Business Park II
Phase III, located east of Gregg Ave. and north of the proposed extension of Van Asche Dr. The
tract consists of both C- 1 ( 16.73 acres) and R-O (37.20 acres) zoning districts. There are various
surrounding zoning districts, including RSF-4 to the south, R-A to the west and C- 1 to the east. Mud
Creek and Skull Creek traverse the site along the eastern and northern property lines.
Proposal: The applicant proposes a rezoning of the subject property to C- 1 , Neighborhood
Commercial.
K:tRelvru12006iPC Repoi ulf)4-/0-06tR7.A' 06-2008 (CMA'//_Phase Ot).doc
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Recommendation: Staff recommends approval of the rezoning request. This site is designated as
Community Commercial and Office on the future land use plan, which is consistent with the C- I
zoning district. This project is within the largest area of commercial development in the City and
within the vicinity of major thoroughfares, specifically I-540, Gregg Avenue and Van Asche Drive.
The extension of Van Asche Drive west from CMN Business Park to Gregg Avenue in the near
future will further connectivity and access in this area.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Residential Johnson City Limits
South Residential RSF-4
East CMN Business Park Il C- 1
West Industrial Johnson City Limits
INFRASTRUCTURE:
Streets : The site has access to Gregg Avenue and Van Asche. Gregg is an improved 4-
lane roadway at this point. The improvements on Gregg Avenue are scheduled to
be extended south to Township this year. Van Asche is currently under design to
be extended through this site to connect with Gregg Avenue. A traffic signal is
planned at the Van Asche and Gregg intersection.
Water: Public water is adjacent to the site. There is a 12" waterline running along the
east side of Gregg Avenue for the northern portion of the site. There is also an 8"
main stubbed out at Van Asche on the east side of the property. A study of the
water system may be required by the Engineering Division at the time of
development. Improvements to the water system may be required dependent upon
the demand placed by the future development. Water service will need to be
extended within the property at the time of development.
Sewer: Sanitary sewer is available on the site. There are 16" and 18" sewer lines running
through the site. The future large diameter gravity transmission mains are also
planned to cross the northern part of this site. Sewer service will need to be
extended within the property at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. Scull Creek trail is a planned multi-use trail within the drainage way in
this corridor.
Fire: These 53 .93 acres are covered by Ladder 4 and Engine 4 located at 3385 N
Plainview. The property is 1 .5 miles from the station with an anticipated response
time of 4.75 minutes. Calls for service on commercial re-zonings are not usually
calculated, but typically there should be no adverse effects on our call volume or
K:IReporfs120061PC ReponsW-10-061RZN 06-2008 (CMN 11 Phase !/I).doc
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response time to this development. Measured hydrant flow in the area is 1630
gallons/minute.
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.
LAND USE PLAN: The Future Land Use Plan designates this site for Community Commercial and
Office. Rezoning this property to C- 1 , Neighborhood 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.
Though the property is adjacent to a single-family residential development to
the south, the proposal would only rezone property north of the planned
extension of Van Asche Drive. Property directly adjacent to the single-family
subdivision to the south is already zoned C-1. The Scull Creek corridor is
identified and planned for a trail corridor. Additionally, there are deed
restricted areas already in place along much of Skull Creek to protect wetlands
and sensitive environments.
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
Community Commercial areas as follows:
• Provide centers that are accessible and compatible with adjacent
residential development.
• Limit uses within community commercial areas to those that primarily
serve residents of Fayetteville.
The proposed zoning would be compatible and similar to adjacent land uses to
the east with access to both principal arterial and minor arterial. roads.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
K:IReporiA2006PC Repor/sW4-10-0&kZN 061008 (CMN11_Pha e IU).doc .
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Finding: Future development with the proposed zoning would potentially increase traffic
accessing onto Gregg Street and Van Asche Avenue (when constructed).
However, the roadways in this area have been designed and/or recently
constructed to accommodate commercial development and access in this area
will be greatly improved with the street extension.
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 approximately five minutes.
Engineering - See Engineering Comments as previously stated in the staff report.
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.(Reports 12006PC Repo,as104-10-061RZN 06-2008 (CMN 11_Phase /1/).doc
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Fayetteville Unified Development Code Three or more e,000 s
Fraternity or Sorority 1 acre
Section 161 .15
District R-O, Residential Office (3) Land area per dwelling unit.
Manufactured home - 3,000 sq. ft.
(A) Purpose. The Residential-Office District is Townhouses & apartments:
designed primarily to provide area for offices No bedroom 1 ,000 sq. ft.
without limitation to the nature or size of the One bedroom 1 ,000 sq. ft.
office, together with community facilities, bedrooms Two or more 1 ,200 sq. ft.
restaurants and compatible residential uses. Fraternity or Sorori 500 sq. ft. per resident
(B) Uses. (D) Density.
( 1 ) Permitted uses. Units per acre 4 to 24
Unit 1 City-wide uses by right
Unit 5 Government facilities (E) Setback regulations.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings Front 30 ft.
Unit 11 Manufactured home park Front, if parking is allowed between the right- 50 ft.
Unit 12 Offices, studios and related services of-way and the building
Unit 25 Professional offices Side 10 ft.
Side, when contiguous to a residential district 15 ft.
(2) Conditional uses. Rear, without easement or alley 25 ft.
Rear, from center line of public aIle 10 ft.
Unit 2 Ci -wide uses b conditional use permit
Unit 3 Public protection and utility facilities
Unitit Cultural and recreational facilities (F) Height regulations. There shall be no
Unit 13 Eating laces maximum height limits in R-O Districts, provided,
Unit 24 Home occupations however, that any building which exceeds the
Unit 26 Multi-family dwellings height of 20 feet shall be set back with any
Unit 36 Wireless communications facilities boundary line of any RSF or RMF District an
additional distance of one foot for each foot of
(C) Bulk and area regulations. height in excess of 20 feet.
(Per dwelling unit for residential structures) (G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
( I ) Lot width minimum. area of such lot.
Manufactured home ark 100 ft. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No.
Lot within a manufactured home 50 ft. 260312-19-80; Ord. No. 2621 , 4-1 -80; Ord. No. 1747, 6-29-70; Code
ark 1991 , § 160.041 ; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,
Single-family 60 ft. 8-31 -99)
Two-family 60 ft.
Three or more - 90 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq. ft.
ark
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. R
SiMle-family 6,000 sq. ft.
Two-family 6,500 . ft. -
K.tReporul20061PCReportsIO4-10-06IRZV06-2008 (CMN1l PhasellQ.doc
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Fayetteville Unified Development Code
161 .16 District C-1 , Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial
District is designed primarily to provide
convenience goods and personal services for
persons living in the surrounding residential areas.
(13) Uses.
(1 ) Permitted uses
Unit 1 1 City-wide uses by right
Unit 12 Offices, studios and related services
Unit 13 Eating laces
Unit 15 Neighborhood sho in
Unit 18 Gasoline service stations and drive-in
restaurants
Unit 25 Professional offices
2 Conditional uses.
11 Unit 2 1 City-wide uses by conditional use penrit
Unit 3 Public erotection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
E Setback re ulations.
Front 50 ft.
11 Side None
11 Side, when contiguous to a residential 10 ft.
district
Rear 20 ft.
(F) Height regulations. There shall be no
maximum height limits in C- 1 District, provided,
however, that any building which exceeds the
height of 10 feet shall be setback from any
boundary line of any residential district a distance
of one foot for each foot of height in excess of 10
feet.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Cade 1991 , § 160.035; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No. 4178, 8-31 -99)
K:IReports12006NC Reports 104-10-06MZN 06-2008 (CMN //_Phase lli).doc