HomeMy WebLinkAboutOrdinance 5200 Doc ID : 012632810005 TVDe : REL
Recorded : 12/23/2008 at 02 : 30 : 24 PM
Fee Amt : $35 . 00 Pace 1 of 5
Washlnoton Countv . AR
Bette 6tamos Circuit Clerk
File 2008-00039830
ORDINANCE NO, 5200
AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED
ZONING DISTRICT TITLED C-PZD 08-3121 (CORE PET
WELLNESS) LOCATED AT 2406 NORTH OLD WIRE ROAD,
CONTAINING APPROXIMATELY 0.58 ACRES; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
MASTER DEVELOPMENT PLAN.
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 RSF-4, Residential Single Family, 4 units per acre to
C-PZD 08-3121 , Core Pet Wellness, as shown in Exhibit
"A" and depicted in Exhibit `B" attached hereto and made a
part hereof.
Section 2: That the change in zoning classification is based upon the approved master
development plan, development standards, statement of commitments and the conditions of approval
as submitted, determined appropriate and approved by the City Council; further, that the conditions
of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the
City of Fayetteville.
Section 3 : That this ordinance shall take effect and be in full force at such time as all of the
requirements of the master development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is he%b�a1111,1u,,,
�o� �(2KIT/�c
amended to reflect the zoning change provided in Section 1 above. G� • ° ` °.s ''.
PASSED and APPROVED this 2nd day of December, 2008. =Q:
'.��
: FAYETTEViI_LE ;
APPROV ATTEST: ''9''p �: tycP`e'
•, y''• • 3 J .�
By: By: "� aes�ssnese �`.
DAN COO , Mayo SO DRA E. SMITH, City Clerk/Treasurer
• EXHIBIT "A" •
CPZD 08-312 CORE PET WELLNESS
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EXHIBIT "B"
C-PZD 08-3121
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE
SOUTHEAST CORNER OF SAID SOUTHWEST CORNER, SOUTHWEST CORNER, AND
RUNNING THENCE N88°21 '00"W 275.73 FEET, THENCE N12°08'51 "E 30.58 FEET TO THE
POINT OF BEGINNING, THENCE N89001128"W 176.81 FEET, THENCE N87°28 ' 10"W 63 .90
FEET, THENCE N34024' 36"E 67.88 FEET, THENCE N3700975355E 116.22 FEET, THENCE
N40022'21 "E 20.75 FEET, THENCE S53046' 55"E 72.79 FEET, THENCE S43028'24"E 103.38
FEET, THENCE S12008'51 "W 53 .42 FEET TO THE POINT OF BEGINNING CONTAINING
0.58 ACRES MORE OR LESS.
CONDITIONS OF APPROVAL:
C-PZD 08-3121
Page 1 of 2
Conditions of approval for C-PZD 08-3121 (Core Pet Wellness)
1 . Street improvements. Township Street has been improved and Old Wire Road has been widened
through the intersection, but does not have a sidewalk. Prior to issuance ofa building or construction
permit the applicant shall pay an assessment for a 5-foot sidewalk along the project 's Old Wire Road
frontage. Based on UDC requirements of $3/square foot of sidewalk and a total of 205 feet of
frontage staffrecommends an assessment amount of$3,075. 00.
(205 ft. x 5-11. sidewalk x $3/sq.ft= $3,075.00)
2. Determination of access.
a. Phase 1. During Phase I the applicant proposes to utilize the existing access points off of Old
Wire Road and Township Street. Due to the minimal amount of vehicle trips that would
access the property during this phase, staff does not feel that it is warranted to require the
access on Township to be removed. However, due to the driveway's close proximity to the
Old W irefTownship intersection and hilly terrain and sight issues, staffdoes recommend that
the driveway on Township be permitted for an exit only. Prior to opening for business the
applicant shall install a sign for the driveway on Township indicating Do Not Enter or Exit
Only.
b. Phase Il. During Phase 11 the applicant proposes to move the driveway on Township to the
east 250 feet away from the intersection. Staffrecommends in favor ofthe access as proposed
in Phase 11, finding that the distance of the driveway from the intersection allows for
adequate sight and turning movements.
3. Determination of compatibility with City Plan 2025 and existing surrounding land uses. Staff finds
that the proposed use of the site for a small animal veterinary clinic in the existing single family
residential house is compatible with the surrounding residential neighborhood and two adjacent small-
scale non-residential uses. This proposed project encourages infill and redevelopment of an existing
corner lot at a busy intersection, consistent with the City Plan 2025, while maintaining the integrity of
the surrounding residential neighborhood. Stafffnds that the proposed C-PZD would be compatible
with surrounding land uses and zoning and the City Plan 2025 with the following conditions:
a. To improve the appearance of this property from the surrounding streets and to provide
additional buffer between the proposed use and surrounding residences, the fenced in area
for dogs to be walked shall be located away from the street and more interior to the property.
The fence materials shall be a 6-foot wrought iron/decorative metal material.
THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THE FENCELOCATION PROPOSED BYTHE
APPLICANT, ADJACENT TO TOWNSH/P (11110108).
b. To prevent views of deceased animals from adjacent properties, any deceased animals
leaving the vet clinic shall be carried out to owners ' vehicles in a crate, box, or other
container.
4. The zoning criteria for "Landscaping" on the plat should be revised to be consistent with the language
in the booklet.
5. The maximum number of employees at any given time during Phase I shall be four (4) and during
Phase 11 shall be five (5). One veterinarian shall be permitted during Phase I and two (2) veterinarians
(one full-time and one part-time) shall be permitted during Phase II as described in the PZD booklet.
6. Prior to development of Phase I and Phase II this project will be required to go through the Site
Improvement Plan (SIP) review, including an abbreviated tree preservation plan, landscape plan,
parking lot permit, grading/drainage permit, as determined by staff and in accordance with the
Fayetteville Unified Development Code.
•CONDITIONS OF APPROVAL•
C-PZD 08-3121
Page 2 of 2
7. As part of the parking lot permit review, the existing driveways (in Phase I ) may require
improvements to be brought up to code with standard driveway requirements for a single family
residence including a concrete apron within the right-of-way and a greater curb return radius. This
may result in slight relocation and reconstruction of the driveway, based on City ordinance.
8. Prior to issuance of a certificate of zoning compliance or Certificate of Occupancy, verification shall
be provided from the applicant to the Planning Division that the structure has met City of Fayetteville
Fire Department requirements and any requirements under the review of the Fayetteville Animal
Services Division.
9. Expansions on the property shall be limited to providing a veterinary clinic as indicated on the PZD
site plan and booklet with a maximum of 10 parking spaces and 2,200 square feet of non-residential
space.
10. Any expansion of the residential structure on the property shall be reviewed by Planning staff to
ensure that the architectural style is consistent and compatible with the existing house.
11 . All trash receptacle(s) utilized by this structure shall be stored within the structures on-site, or, if
located outside, it shall be screened on all sides with access not visible from the street or adjacent
properties. If a dumpster is required or proposed, screening shall be provided that is constructed of
materials that are compatible with and complimentary to the building. If applicable, staff shall
review any dumpster screen or materials prior to building permit.
12. A Certificate of Zoning Compliance shall be required prior to the start of operations of the veterinary
clinic.
13. As indicated in the proposed zoning criteria, signage shall be limited to one wall sign on the house
(maximum of 16 square feet) and one freestanding sign (monument sign only, maximum of 4 square
feet, set back 15 from the right-of-way), in accordance with Chapter 174 of the Unified Development
Code for Residential Office (R-O) Districts.
14. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by
the applicant shall be considered binding and tied to the zoning of the property. Conditions of
approval as noted herein and other requirements placed upon the project with review of the Master
Development Plan — Planned Zoning District by the City Council shall also be binding.
15. Plat Review and Subdivision comments (to include written staff comments provided to the applicant
or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks,
SWEPCO, Cox Communications).
16. Impact fees for police, fire, water, and sewer shall be paid in accordance with City Ordinance.
Washington County, AR
I certify this instrument was filed on
12/23/2008 02:30:24 PM
and recorded in Real Estete
File Number 2008-0003 3
Bette Stamps - Circ it er
by
City of Fayetteville Staff Review Forrp� 9Z/d
City Council Agenda Items
� j �Qv
and /0ZD 080.fv /
Contracts, Leases or Agreements
4r..e P.Of kj]117. 5
12/2/2008
City Council Meeting Date
Agenda Items Only
Jeremy PatX Planning Operations
Submitted By Division Department
Action Required:
R-PZD 08-3121 : Planned Zoning District (Core Pet Wellness, 292): Submitted by Blew and Associates, Inc. for
property located at 2406 North Old Wire Road containing approximately 0.58 acres. The request is for zoning and
land use approval of a Commercial Planned Zoning District for a veterinarian's office in the existing single family
residential structure.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Director Date
Original Contract Date:
Original Contract Number:
City A orney Date
Received in ity
- , d 11 - 11 08 Clerk's Ofrc
Finance and Internal Service Director Date
tt
Received in
Mayor's Office
Mayor Date
ents:
Revised April 16, 2007
City Council Meeting of December 2, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations � p
From: Jeremy C. Pate, Director of Current Planning d�
Date: November 13, 2008
Subject: Commercial Planned Zoning District for Core Pet Wellness (C-PZD 08-3121 )
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance creating a Commercial
Planned Zoning District (C-PZD) for Core Pet Wellness, based on the development
standards, plans and statement of commitments submitted. This action will establish a
unique zoning district for a veterinarian's office on approximately 0.58 acres.
BACKGROUND
The 0.58-acre property is located at the northeast corner of Old Wire Road/Township Street.
The intersection of Old Wire Road and Township Street is a very busy signalized intersection
at the crossroad of two collector streets providing major north-south and east-west
connectivity through north-central Fayetteville. The property is zoned RSF-4, and is
developed for one single family residence that is very close to the street, addressed at 2406
Old Wire Road. The large yard on the site has a large number of mature trees and
underbrush on the perimeter property lines. The property is in the immediate vicinity of
Gulley Park, a 27-acre community park.
The applicant requests rezoning and land use approval of a Commercial Planned Zoning
District (C-PZD) to allow for a veterinary clinic on the property. The clinic would utilize the
existing house on the property. The hours of operation would be between 7:30 AM and 5 :30
PM. The maximum number of employees would be five over two phases of development.
Animals seen in the clinic would be small animals only, not livestock such as horses or cattle.
The services would involve animal surgeries and health care, and will not permit
kenneling/boarding of animals. All animals would be kept indoors.
DISCUSSION
The Planning Commission voted 7-0-0 in favor of this request on November 10, 2008.
Recommended conditions were approved by the Planning Commission and are reflected in
the attached staff report.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED
ZONING DISTRICT TITLED C-PZD 08-3121 (CORE PET
WELLNESS) LOCATED AT 2406 NORTH OLD WIRE ROAD,
CONTAINING APPROXIMATELY 0.58 ACRES; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
MASTER DEVELOPMENT PLAN.
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 RSF-4, Residential Single Family, 4 units per acre to
I .C-PZD 08-3121 , Core Pet Wellness, as shown in Exhibit
"A" and depicted in Exhibit `B" attached hereto and made a
part hereof.
Section 2: That the change in zoning classification is based upon the approved master
development plan, development standards, statement of commitments and the conditions of approval
as submitted, determined appropriate and approved by the City Council; further, that the conditions
of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the
City of Fayetteville.
Section 3 : That this ordinance shall take effect and be in full force at such time as all of the
requirements of the master development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section I above.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
CpZD 08-3121 CORE PET WELLNESS
Close Up View
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EXHIBIT "B"
C-PZD 08-3121
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST CORNER,
SOUTHWEST CORNER, AND RUNNING THENCE N88021 100"W 275.73 FEET, THENCE
N 12008 '51 "E 30.58 FEET TO THE POINT OF BEGINNING, THENCE N89001128"W 176.81
FEET, THENCE N87028' 10"W 63 .90 FEET, THENCE N34024' 36"E 67.88 FEET, THENCE
N37009'53"E 116.22 FEET, THENCE N4002212137E 20.75 FEET, THENCE S530465553)E 72.79
FEET, THENCE S43028' 24"E 103 .38 FEET, THENCE SI 2008151 "W 53 .42 FEET TO THE
POINT OF BEGINNING CONTAINING 0.58 ACRES MORE OR LESS.
CONDITIONS OF APPROVAL:
C-PZD 08-3121
Page I of 2
Conditions of approval for C-PZD 08-3121 (Core Pet Wellness)
1 . Street improvements. Township Street has been improved and Old Wire Road has been widened
through the intersection, but does not have a sidewalk. Priorto issuance ofa building or construction
permit the applicant shall pay an assessmentfora 5-foot sidewalk along the project 's.Old Wire Road
frontage. Based on UDC requirements of $3/square foot of sidewalk and a total of 205 feet of
frontage staff recommends an assessment amount of$3.075.00.
(205 ft. x 5-11. sidewalk x $3/sq.ft= $3,075.00)
2. Determination of access.
a. Phase 1. During Phase I the applicant proposes to utilize the existing access points off of Old
Wire Road and Township Street. Due to the minimal amount of vehicle trips that would
access the property during this phase, staff does not feel that it is warranted to require the
access on Township to be removed. However, due to the driveway's close proximity to the
Old Wire/Township intersection and hillyterrain and sight issues, staffdoes recommend that
the driveway on Township be permitted for an exit only. Prior to opening for business the
applicant shall install a sign for the driveway on Township indicating Do Not Enter or Exit
Only.
b. Phase 11. During Phase II the applicant proposes to move the driveway on Township to the
east 250 feet away from the intersection. Staff recommends in favor of rhe access as proposed
in Phase II, finding that the distance of the driveway from the intersection allows for
adequate sight and turning movements.
3 . Determination of compatibility with City Plan 2025 and existing surrounding land uses. Staff finds
that the proposed use of the site for a small animal veterinary clinic in the existing single family
residential house is compatible with the surrounding residential neighborhood and two adjacent small-
scale non-residential uses. This proposed project encourages infill and redevelopment of an existing
comer lot at a busy intersection, consistent with the CityPlan 2025, while maintaining the integrity of
the surrounding residential neighborhood. Stafff:nds,that the proposed C-PZD would be compatible
with surrounding land uses and zoning and the City Plan 2025 with the following conditions:
a. To improve the appearance of this property from the surrounding streets and to provide
additional buffer between the proposed use and surrounding residences, the fenced in area
for dogs to be walked shall be located away from the street and more interior to the property.
The fence materials shall be a 6-foot wrought ironldecorative metal material
THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THE MYCELOCATION PROPOSED BYTHE
APPLICANT, ADJACENT TO TOWNSHIP (11/10/08).
b. To prevent views of deceased animals from adjacent properties, any deceased animals
leaving the vet clinic shall be carried out to owners ' vehicles in a crate, box, or other
container.
4. The zoning criteria for "Landscaping" on the plat should be revised to be consistent with the language
in the booklet. .
5. The maximum number of employees at any given time during Phase I shall be four (4) and during
Phase f1 shall be five (5). One veterinarian shall be permitted during Phase I and two (2) veterinarians
(one UI-time and one part-time) shall be permitted during Phase II as described in the PZD booklet.
6. Prior to development of Phase I and Phase 11 this project will be required to go through the Site
Improvement Plan (SIP) review, including an abbreviated tree preservation plan, landscape plan,
parking lot permit, grading/drainage permit, as determined by staff and in accordance with the
Fayetteville Unified Development Code.
•CONDITIONS OF APPROVA10
C-PZD 08-3121
Page 2 of 2
7. As part of the parking lot permit review, the existing driveways (in Phase 1) may require
improvements to be brought up to code with standard driveway requirements for a single family
residence including a concrete apron within the right-of-way and a greater curb return radius. This
may result in slight relocation and reconstruction of the driveway, based on City ordinance.
8. Prior to issuance of a certificate of zoning compliance or Certificate of Occupancy, verification shall
be provided from the applicant to the Planning Division that the structure has met City of Fayetteville
Fire Department requirements and any requirements under the review of the Fayetteville Animal
Services Division.
9. Expansions on the property shall be limited to providing a veterinary clinic as indicated on the PZD
site plan and booklet with a maximum of 10 parking spaces and 2,200 square feet of non-residential
space.
10. Any expansion of the residential structure on the property shall be reviewed by Planning staff to
ensure that the architectural style is consistent and compatible with the existing house.
11 . All trash receptacle(s) utilized by this structure shall be stored within the structures on-site, or, if
located outside, it shall be screened on all sides with access not visible from the street or adjacent
properties. If a dumpster is required or proposed, screening shall be provided that is constructed of
materials that are compatible with and complimentary to the building. If applicable, staff shall
review any dumpster screen or materials prior to building permit.
12. A Certificate of Zoning Compliance shall be required prior to the start of operations of the veterinary
clinic.
13 . As indicated in the proposed zoning criteria, signage shall be limited to one wall sign on the house
(maximum of 16 square feet) and one freestanding sign (monument sign only, maximum of 4 square
feet, set back 15 from the right-of-way), in accordance with Chapter 174 of the Unified Development
Code for Residential Office (R-O) Districts.
14. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by
the applicant shall be considered binding and tied to the zoning of the property. Conditions of
approval as noted herein and other requirements placed upon the project with review of the Master
Development Plan — Planned Zoning District by the City Council shall also be binding.
15 . Plat Review and Subdivision comments (to include written staff comments provided to the applicant
or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks,
SWEPCO, Cox Communications).
16. Impact fees for police, fire, water, and sewer shall be paid in accordance with City Ordinance.
