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HomeMy WebLinkAboutOrdinance 5831113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5831 File Number: 2015-0545 Doc ID: 016693240004 Type: REL Kind: ORDINANCE Recorded: 01/27/2016 at 02:33:12 PM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2016-00002 113 RZN 15-5209: (NE CORNER OF MCGUIRE ST. & VAN ASCHE DR./MCCLINTON) APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15- 5209 FOR APPROXIMATELY 18.34 ACRES LOCATED AT THE NORTHEAST CORNER OF MCGUIRE STREET AND VAN ASCHE DRIVE FROM R -A, RESIDENTIAL AGRICULTURAL TO C- 2 THOROUGHFARE COMMERCIAL AND C 3 CENTRAL COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R -A, Residential Agricultural to C-2, Thoroughfare Commercial and C-3, Central Commercial as shown on Exhibits "A" and "B" attached to the Agenda item. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Section 3. Severability. That the City Council of the City of Fayetteville, Arkansas hereby determines that if the Johnson City Council determines that a portion of this rezoned acreage is not "compatible with the zoned land uses of the adjoining lands" in Johnson pursuant to its power under A.C.A. § 14-56-306 and refuses to agree to a portion of this rezoning, then all other unaffected property within this Petition RZN 15-5214 shall still be immediately rezoned pursuant to Section 1. PASSED and APPROVED on 12/15/15 Page 1 Printed on 12117115 File Number: 2015-0545 Ordinance 5831 Attest: Lisa Branson, Deputy City Clerk IIIIIIfill t1 `' G)\ Y O/: o ■ . FAYEflEV1L! I 'dill 11 Page 2 Primed on 12117/75 EXHIBIT 'A' RZN 15-5209 EXHIBIT'B' RZN 15-5209 LEGAL DESCRIPTION: (ZONING: C-2) A part of the SW1/4 of the NW1/4 of Section 27, T17N, R30W in Washington County, Arkansas and being described as follows: Beginning at the SW Corner of said SW1/4, NW1/4, said point being the POINT OF BEGINNING, thence N02°29'17"E 47.32 feet, thence S88°20'38"E 21.51 feet, thence N00°25'06"E 71.11 feet, thence N87°39'29'W 18.94 feet, thence N02°29'17"E 581.33 feet, thence S87°45'36"E 659.95 feet, thence S02°24'36'W 702.29 feet, thence N87°33'34"W 660.90 feet to the POINT OF BEGINNING: Containing 10.60 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (ZONING: C-3) A part of the SW1/4 of the NW1/4 of Section 27T17N, R30W in Washington County. Arkansas, and being described as follows: Commencing at the SW Corner of said SWI/4, NW1/4, thence N02°29'17"E 47.32 feet, thence S88°20'38"E 21.51 feet, thence N00°25'06"E 71.11 feet, thence N87°39'29'W 18.94 feet, thence N02°29'17"E 581.33 feet to the POINT OF BEGINNING; thence N02°29'17"E 525.51 feet, thence S87°39'07"E 659.23 feet, thence S02°24'36"W 524.27 feet, thence N87°45'36"W 659.95 feet to the POINT OF BEGINNING: Containing 7.95 acres more or less subject to easements and right of way of record. Washington County, AR i certify this instrument was filed on 01 /27/2016 0233:12 PM and recorded in Real Estate File Number 2016-00002113 Kyle Sylvester - Cu1t Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 i ta�� rL (479) 575-8323 Text File File Number: 2015-0545 Agenda Date: 12/15/2015 Version: 1 Status: First Reading In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 4 RZN 15-5209: (NE CORNER OF MCGUIRE ST. & VAN ASCHE DR./MCCLINTON) APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5209 FOR APPROXIMATELY 18.34 ACRES LOCATED AT THE NORTHEAST CORNER OF MCGUIRE STREET AND VAN ASCHE DRIVE FROM R -A, RESIDENTIAL AGRICULTURAL TO C-2, THOROUGHFARE COMMERCIAL AND C-3, CENTRAL COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R -A, Residential Agricultural to C-2, Thoroughfare Commercial and C-3, Central Commercial as shown on Exhibits "A" and "B" attached to the Agenda item. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Section 3. Severability. That the City Council of the City of Fayetteville, Arkansas hereby determines that if - the Johnson City Council determines that a portion of this rezoned acreage is not "compatible with the zoned land uses of the adjoining lands" in Johnson pursuant to its power under A.C.A. § 14-56-306 and refuses to agree to a portion of this rezoning, then all other unaffected property within this Petition RZN 15-5214 shall still be immediately rezoned pursuant to Section 1. City of Fayetteville, Arkansas Page 1 Printed on 12116/2015 EXHIBIT 'A' RZN 15-5209 EXHIBIT'B' RZN 15-5209 LEGAL DESCRIPTION: (ZONING: C-2) A part of the SW1/4 of the NW1/4 of Section 27, T17N, R30W in Washington County, Arkansas and being described as follows: Beginning at the SW Corner of said SW1/4, NW1/4, said point being the POINT OF BEGINNING, thence N02°29'17"E 47.32 feet, thence S88°20'38"E 21.51 feet, thence N00°25'06"E 71.11 feet, thence N87°39'29"W 18.94 feet, thence N02°29'17"E 581.33 feet, thence S87°45'36"E 659.95 feet, thence S02°24'36"W 702.29 feet, thence N87°33'34' W 660.90 feet to the POINT OF BEGINNING: Containing 10.60 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (ZONING: C-3) A part of the SW1/4 of the NW1/4 of Section 27, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said SW1/4, NW1/4, thence N02°29'17"E 47.32 feet, thence S88°20'38"E 21.51 feet, thence N00°25'06"E 71.11 feet, thence N87°39'29"W 18.94 feet, thence N02°29'17"E 581.33 feet to the POINT OF BEGINNING; thence N02°29'17"E 525.51 feet, thence S87°39'07"E 659.23 feet, thence S02°24'36"W 524.27 feet, thence N87°45'36"W 659.95 feet to the POINT OF BEGINNING: Containing 7.95 acres more or less subject to easements and right of way of record. RECEIVED JORGENSEN +ASSOCIATES Civil Engineering + Surveying November 13, 2015 City of Fayetteville Clerk 113 W. Mountain Street, Room 308 Fayetteville, AR 72701 Attn: Sandra Smith Re: RZN 15-5209 NOV 172015 CITY OF FAYETTE' LLE CITY CLERK'S OFFaaE 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com This is an appeal of the decision of the Planning Commission on November 9, 2015, to deny the rezoning request of David McClinton as set forth in the application for RZN 15-5209. This appeal is made pursuant to Section 155.05 of the Uniform Development Code. The decision of the Planning Commission was in error in that the applicant has presented a zoning request that is in conformity with the Future Land Use Map as published by the City of Fayetteville and with the applicable zoning criteria of Chapter 161 the Uniform Development Code. If you have any questions, please don't hesitate to contact us. Sincerely; Jorgensen + Associates David McClinton, General Partner RECEIVED JORGENSEN +ASSOCIATES Civil Engineering + Surveying November 13, 2015 City of Fayetteville Clerk 113 W. Mountain Street, Room 308 Fayetteville, AR 72701 Attn: Sandra Smith Re: RZN 15-5209 NOV 17 2015 CITY OF FAYETT/BLLE CITY CLERKS QFFcE 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com This is an appeal of the decision of the Planning Commission on November 9, 2015, to deny the rezoning request of David McClinton as set forth in the application for RZN 15-5209. This appeal is made pursuant to Section 155.05 of the Uniform Development Code. The decision of the Planning Commission was in error in that the applicant has presented a zoning request that is in conformity with the Future Land Use Map as published by the City of Fayetteville and with the applicable zoning criteria of Chapter 161 the Uniform Development Code. If you have any questions, please don't hesitate to contact us. Sincerely; Jorgensen + Associates dCwl'�E i— David McClinton, General Partner Andrew Garner Submitted By City of Fayetteville Staff Review Form 2015-0545 Legistar File ID 12/1/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/18/2015 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 15-5209: Rezone (NE CORNER OF MCGUIRE ST. & VAN ASCHE DR./MCCLINTON, 171): Submitted by TOM TERMINELLA for property located at the NE CORNER OF MCGUIRE ST. & VAN ASCHE DR. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 18.34 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERICAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance I. Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution #� Original Contract Number: Comments: Approval Date: CITY OF 1ttIV e ARKANSAS MEETING OF DECEMBER 1, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: November 16, 2015 SUBJECT: RZN 15-5209: Rezone (NE CORNER OF MCGUIRE ST. & VAN ASCHE DR./MCCLINTON, 171): Submitted by TOM TERMINELLA for property located at the NE CORNER OF MCGUIRE ST. & VAN ASCHE DR. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 18.34 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERICAL. RECOMMENDATION: The Planning Commission and staff recommend denial of an ordinance to rezone the property to C-2, Thoroughfare Commerical and C-3, Central Commercial. The applicant has appealed the Planning Commission's decision to the City Council. Unlike the associated rezoning along Van Asche for WG Land Co., this property is not subject to a previous agreement with the City Council. BACKGROUND: Background: This is an undeveloped parcel of 18.34 acres generally located at the intersection of McGuire Avenue and Jupiter Drive located along the City of Fayetteville/Johnson boundary near 1-49. The property is bounded along its south property line by the City's recent construction of Van Asche Drive across the property connecting to Highway 112 just west of 1-49. The property is currently zoned R -A, Residential Agricultural. Request: The applicant requests to rezone the property from R -A, Residential Agricultural to C-2, Thoroughfare Commercial (southern 10.60 acres) and C-3, Central Commercial (northern 7.95 acres). The applicant indicated that the rezoning is necessary to support future development of the site. City of Johnson's Comment on this Rezoning: Pursuant to state law, the portion of this rezoning within 1,000 feet of the City of Johnson must also be approved by the City of Johnson. The Mayor of Johnson and their staff engineer submitted a letter to the City of Fayetteville discussing that residential uses would be incompatible with the existing industrial zones located in Johnson. These industrial areas are located to the west of McGuire Street and east of Roosevelt Avenue. Regardless of the zoning district adopted, staff recommends that the rezoning ordinance include a provision excluding all residential use within 1 000 feet of the industrial -zoned property in Johnson. Most all of the city's zoning districts((including C-2 and C-3) allow residential use either as a primary or accessory use. This provision is needed to accommodate the City of Johnson's reauest pursuant to state law. Mailing Address: 113 W. Mountain Street www_fayetteville-ar.gov Fayetteville, AR 72701 Surrounding Land Use Compatibility: The proposed zoning is somewhat incompatible with the surrounding industrial uses and zoning in the City of Johnson adjacent to the west and the single family homes across Van Asche Drive to the south. The land uses to the north and east are undeveloped. However, commercial zoning districts with mixed uses in this area are appropriate even given these potential incompatible uses because of the anticipation of future development pressure on this area. This development pressure has been anticipated with the City's recent construction of a new Principal Arterial roadway across undeveloped farmland. Land Use Plan Analysis: Staff finds that portions of the rezoning request are consistent with the City's land use planning objectives, policies and future land use plan, but that as a whole the rezoning is in conflict with these criterion and policies. This property is designated as City Neighborhood Area on the FLUM. This designation encourages complete, compact and connected neighborhoods intended to serve the residents of Fayetteville, rather than a regional population. The proposed C-2 and C-3 districts are both intended to serve a regional population and permit the highest levels of commercial intensity. Additionally, while staff agrees that non- residential and residential zoning are appropriate in this location, the site is proposed to be rezoned to districts that prescribe a suburban (auto -oriented) development rather than traditional (pedestrian -oriented) town form. Further, the northern portion of the site proposed for the C-3 district contains steep, wooded slopes and is more appropriate for development on a smaller scale than C-3, such as CS, Community Services, in staffs opinion. A smaller scale zoning would require buildings to be smaller (maximum 25,000 sq. ft.) hopefully leading to less land and tree disturbance, consistent with City policy and development ordinances. DISCUSSION: This request was discussed and tabled at the October 26, 2015 Planning Commission meeting. At that meeting one member of the public spoke in favor of applicant's rezoning discussing sales tax revenue that could be generated from commercial development. On November 9, 2015 the Planning Commission denied this request by a vote of 9-0-0. One member of the public discussed opposition to the applicant's proposed rezoning citing that we have enough C-2 zoning in the city and we need progressive zoning and mixed use, walkable neighborhoods to attract and retain the Millennial generation. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report CITY OF 'ttt1e ARKANSAS TO: FROM: MEETING DATE: PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director November 9, 2015 Updated with Planning Commission results SUBJECT: RZN 15-5209: Rezone (NE CORNER OF MCGUIRE ST. & VAN ASCHE DR./MCCLINTON, 171): Submitted by TOM TERMINELLA for property located at the NE CORNER OF MCGUIRE ST. & VAN ASCHE DR. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 18.34 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERICAL. RECOMMENDATION: Staff recommends denial of RZN 15-5209 for the reasons discussed herein. BACKGROUND: October 26, 2015 Planning Commission: This item was tabled at the October 26, 2015 Planning Commission meeting. The request has been modified slightly from this previous meeting by removing the proposed UT zoning and replacing it with C-3. Property Description: This is an undeveloped parcel of 18.34 acres generally located at the intersection of McGuire Avenue and Jupiter Drive located along the City of Fayetteville/Johnson boundary near 1-49. The property is bounded along its south property line by the City's recent construction of Van Asche Drive across the property connecting to Highway 112 just west of 1-49. The property is currently zoned R -A, Residential Agricultural. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land use and Zoning Direction Land Use from Site North South East West Undeveloped hillside (City of Johnson) Rural residential; farmland Undeveloped hillside; farmland Industrial (City of Johnson) DISCUSSION: Zoning A-1, Agriculture R -A R -A I, Industrial Request: The applicant requests to rezone the property from R -A, Residential Agricultural to C-2, Thoroughfare Commercial (southern 10.60 acres) and C-3, Central Commercial (northern 7.95 acres). The applicant indicated that the rezoning is necessary to support future development of the site. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettgy�,t)g,9gy2015 Fayetteville, AR 72701 Agenda Item 3 15-5209 McClinton Page 1 of 31 INFRASTRUCTURE: Streets: The subject property has access to the newly constructed Van Asche Drive (Principal Arterial) along the southern boundary of the site. Van Asche is fully improved with curb, gutter, storm drain, sidewalks, and a multi -use trail. The area is also bounded by McGuire Avenue along the west and bisected by Jupiter Drive through the middle of the parcel. Both of these streets are unimproved, two-lane paved roads. Access to the west is provided with the new connection of Van Asche Drive to Highway 112 under 1-49. Water: Public water is available to the site. An 8 -inch public main exists along the west side of the property, and another 8 -inch water main splits thru the middle of the property along the south side of Jupiter Drive. An existing 36 -inch water transmission main runs along the south side of the property. This will need to be taken into consideration when developing the property to maintain proper setbacks. Sewer: Sanitary sewer is not available to the site. The City's GIS database indicates the nearest public sewer main to be located approximately 900 feet west of the southwest property corner. However, the feasibility of connection at this point has not been evaluated. It will be the responsibility of the developer to bring sanitary sewer to the site at the time of development. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is not affected by the 100 -year floodplain. This parcel does not contain any protected streams per the-Streamside Protection map. Fire: The Fire Department has not expressed any concerns with this request. Police: The Police Department has not expressed any concerns with this request. RECOMMENDATION: Staff recommends denial of RZN 15-5209 finding that the proposed zoning is not consistent with the City's land use plan indicating future growth in this area in traditional development patterns. The C-2 and C-3 suburban zoning districts proposed are in contrast to Goal 3 of City Plan 2030: "We will make a traditional town form the standard." While suburban development patterns are more appropriate directly adjacent to 1-49 and the Fulbright Expressway, this site is one block off of 1-49 and could be developed in a "traditional town form" as referenced above. In addition, this site is designated primarily for local, not regional development per the City Neighborhood classification, while the C-2 and C-3 districts are generally intended for regional shopping and big -box retailers. The recently constructed Van Asche Drive is the distinguishing boundary between the City's adopted Urban Center and City Neighborhood areas on the Future Land Use Map, and should be used as a guide in zoning decisions. Planning Commission G:\ETC\Development Services Review\2015\Development Review\1 5-5209 RZN McGuire Ave. & Van Asche St. (McClinton) November 9, 2015 \03 Planning Commission\11-09-2015\Comments and Redlines Agenda Item 3 15-5209 McClinton Page 2 of 31 PLANNING COMMISSION ACTION: Required Date: October 26, 2015 Motion: Chesser Second: Selby Vote: 5-0-0 X Tabled Cl Forwarded O Denied Date: November 9, 2015 O Tabled O Forwarded Ix Denied Motion: Chesser Second: _Selby_ Vote: 9-0-0 CITY COUNCIL ACTION: Required Date: O Approved El Denied CITY PLAN 2030 FUTURE LAND USE PLAN: The City Plan 2030 Future Land Use Plan map (FLUM) identifies this area City Neighborhood Area. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multifamily. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. 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: Surrounding Land Use Compatibility: The proposed zoning is somewhat incompatible with the surrounding industrial uses and zoning in the City of Johnson adjacent to the west and the single family homes across Van Asche Drive to the south. The land uses to the north and east are undeveloped. However, commercial and mix -used zoning districts in this area are appropriate even given these potential incompatible uses because of the anticipation of future development pressure on this area. This development pressure has been anticipated with the City's recent construction of a new Principal Arterial roadway across undeveloped farmland. Land Use Plan Analysis: Staff finds that portions of the rezoning request are consistent with the City's land use planning objectives, policies and future land use plan, but that as a whole the rezoning is in conflict with these criterion and policies. This property is designated as City Neighborhood Area on the FLUM. This designation encourages complete, compact and connected neighborhoods intended to serve the residents of Fayetteville, rather than a regional population. The proposed C-2 and C-3 districts are both intended to serve a regional population and permit the highest levels of Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5209 RZN McGuire Ave. & Van Asche St (McClinton) November 9, 2015 \03 Planning Commission\11-09-2015\Comments and Redlines Agenda Item 3 15-5209 McClinton Page 3 of 31 commercial intensity. Additionally, while staff agrees that non-residential and residential zoning are appropriate in this location, the site is proposed to be rezoned to districts that prescribe a suburban (auto -oriented) development rather than traditional (pedestrian -oriented) town form. Further, the northern portion of the site proposed for the C-3 district contains steep, wooded slopes and is more appropriate for development on a smaller scale than C-3, such as CS, Community Services, in staffs opinion. A smaller scale zoning would require buildings to be smaller (maximum 25,000 sq. ft.) hopefully leading to less land and tree disturbance, consistent with City policy and development ordinances. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The City has recently completed construction of the Van Asche Drive project through this property. A rezoning is needed because of the development pressure that will result from this project, in addition to the FLUM designating this land for future development. The existing R -A zoning is not appropriate for the long term. However, as discussed in Finding No. 1 above, staff finds that the requested rezoning is not justified because of its inconsistency with the City's adopted land use goals and policies. Staff would recommend utilization of form -based zoning districts over the entire parcel, including a smaller scale district such as CS on the northern portion of the site given the sensitive environmental resources in this area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: This rezoning would allow a large volume of development that will increase traffic over the existing R -A zoning district. However, as mentioned earlier in this report, the City's Van Asche Drive project has recently been completed facilitating planned growth in the area. As individual developments are reviewed, on and off -site street improvements will be reviewed and recommended. 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: Rezoning the property will permit a potential increase in population density as the C-3 district allows a multi -family residential and non-residential uses. Commercial uses allowed with this rezoning would also create additional demand on public services. However, these impacts were evaluated by various City divisions in review of this rezoning and determined that it should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. Improvements to public services will be reviewed at the time of development. 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: Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5209 RZN McGuire Ave. & Van Asche St. (McClinton) November 9, 2015 \03 Planning Commission\11-09-20151Comments and Redlines Agenda Item 3 15-5209 McClinton Page 4 of 31 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 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Existing and proposed zoning criteria • Request letter and email • City attorney memo and Resolution 76-08 • Email from former mayor Dan Goody ■ Current land use map • Close up map • Future land use map • One mile map Planning Commission G:\ETC\Development Services Review\2015\Development Review\1 5-5209 RZN McGuire Ave. & Van Asche St. (McClinton) November 9, 2015 \03 Planning Commission\11-09-2015\Comments and Redlines Agenda Item 3 15-5209 McClinton Page 5 of 31 161.03 District R -A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use_permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No 4100, §2 (Ex A), 6-16-98; Ord No 4178, 8- 31-99; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord 5195, 11-6-08; Ord. 5238, 5-5-09; Ord 5479, 2-7-12) Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5209 RZN McGuire Ave & Van Asche St. (McClinton) November 9, 2015 \03 Planning Commission\11-09-2015\Comments and Redlines Agenda Item 3 15-5209 McClinton Page 6 of 31 161.20 District C-2, Thoroughfare Commercial a: Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. 11 Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods t 17 Unit 18 Transportation trades and services Gasoline service stations and drive-in/drive thfou h restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 44 Cottage Housing Development Unit 45 small scale production 121 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 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 40 Sidewalk Cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and area regulations. None tE) Setbackrepulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft_ (F) Burfthn4 herglrfrjulat1oBs, $wilding Heit�tt Maximum I 75 ft.' Any building which exceeds the height of 20 feet shall be set back from a boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160 036; Ord. No 4034, §3,4,4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No 4178, 8-31-99; Ord. 4727, 7-19-05; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08; Ord 5312, 4-20-10; Ord. 5339, 8-3-10; 5353, 9-7-10; Ord. 5462, 12-6-11; Ord 5592, 6-18-13; Ord. 5664, 2-18-14; Ord. 5735, 1-20-15) Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5209 RZN McGuire Ave. & Van Asche St (McClinton) November 9, 2015 \03 Planning Commission\11-09-2015\Comments and Redlines Agenda Item 3 15-5209 McClinton Page 7 of 31 161.22 District C-3, Central Commercial (A) Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district, or regional shopping centers which provide a wide range of retail and personal service uses (B) Uses. (1) Permitted uses Unit I City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating pplaces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 44 Cottage Housing Development Unit 45 Small scale production (2) Conditional uses. Unit 2 Cityide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Trans ortation trades and services Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None !E5 Sethank ream era r:nnv Central Business Shopping District Center Front 5 ft. 25 ff Front, if parking is allowed between the right-of-way and the building 50 ft. None 50 ft. Side None Side, when contiguous to a residential district l0 ft 25 ft. Rear, without easement or alley 15 ft. 25 ft. Rear, from center line of a public alley 10 ft. loft (F) Thu/ding hei hl regulations. JIRuildinY Height Maximum 56184 ft.' *A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right- of-way line shall have a maximum height of 56 feet A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. (Code 1965, App A, Art. 5(VII); Ord. No. 2351, 6-21-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160 037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05; 4863, 5-02-06; Ord. 5028, 6-19-07; Ord 5195, 11- 6-08; Ord 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13; Ord. 5735, 1-20-15) Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5209 RZN McGuire Ave. & Van Asche St. (McClinton) November 9, 2015 \03 Planning Commission\11-09-2015\Comments and Redlines Agenda Item 3 15-5209 McClinton Page 8 of 31 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses ill Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Sng10-fami)y dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 44 Cottage Housing Development Unit 45 _ Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. t2] Conditional uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations (II Lot width minimum. Dwellin 18 ft. All others None (2) Lot area minimum. None (F7 Setharkrroulaliens. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a 15 feet single-family residential district: (F) Building Height Regulations lfiuilding Height Maximum 56 ft. (G) Minimum buildable s₹reet frontage, 50% of the lot width. (Ord. 5312, 4-20-10; Ord, 5339, 8-3-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14; Ord, 5735, 1-20-15) 161.21 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 41 Accessory Dwellings Unit 44 Cottage Housing Development Unit 45 Small scale production Note: Anyromtdne iortor above uses is permit led upon any lot wttttIn this zone. Condilionai uses shall need approval when combined with pre -approved uses. (2) Conditional uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 40 Sidewalk cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and area regulations - (1) Lot width minimum Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None { E l Setback reoulatk ns. Front A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a 15 feet single-familv residential district: II Buildino Heioht Maximum 156/84 ft.' II *A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet (G) Minimum buildable street frontage. 50% of the lot width. 161.23 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 44 Cottage Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone Conditional uses shall need approval when combined with pre -approved uses, (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 28 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line of 12 ft. an alley (F) Minimum buildable street frontage. 80% of lot width. (G) Building height regulations. Building Height Maximum 56/168 ft.* *A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 168 feet.. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord, 5592, 6-18-13; Ord. 5664, 2-18-14; Ord. 5735, 1-20-15) 161.24 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. ( 1 ) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 44 Cottage Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Densily. None. (D) Bulk and area regulations, 1 Lot width minimum. Dwellln ail unit types) 18 ft. (2) Lot area minimum, None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line of an 12 ft. alley (F) Minimum buildable street frontage. 75% of lot width. (G) Building height regulations. ILu!lding Height Maximum I 56184 A.' *A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of 84 feet. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord 5042, 8-07-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord 5339, 8-3-10; Ord. 5462, 12-6-11; Ord 5592, 6-18-13; Ord. 5664, 2-18-14; Ord. 5735, 1-20-15) 161.25 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 44 Cottage Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes (C) Density. None (D) Bulk and area regulations (1) Lot width minimum. % Dwelling (all unit types) 118 ft. A (2) Lot area minimum. None (E) Setback regulations Front A build -to zone that is located between the front property line and a line 25 ft from the front property line. Side None Rear 5 ft, Rear, from center line of 12 ft. an alley (F) Minimum buildable street frontage, 50% of lot width, (G) Building height regulations. Building Height Maximum 56 ft, (Ord. 5028, 6-19-07; Ord 5029, 6-19-07; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14; Ord. 5735, 1-20-15) Garner, Andrew From: Tom <tterminella@aol.com> Sent: Wednesday, November 04, 2015 5:05 AM To: Garner, Andrew Subject: Re: Van Asche Rezoning Recommendation Andrew, I got your voice mail yesterday and the only change I have is UT zoning to C-3 on both tracts. Any questions please call. Tom Terminella The Terminella Company Inc. 24 East Meadow Street Fayetteville, AR 72701 (Cell) 479-841-1621 Email: tterminella@aol.com On Oct 8, 2015, at 9:05 AM, Garner, Andrew <agarner@fayetteville-ar.gov> wrote: Sounds good. See you guys Tuesday the 13th at your office. Andrew From: Tom Overbey [mailto:toverbev@artaxlaw.com] Sent: Thursday, October 08, 2015 8:42 AM To: Garner, Andrew; Tom Cc: Pate, Jeremy; Gerald Jones (gerald@flyinginvestments.com) Subject: RE: Van Asche Rezoning Recommendation Andrew - from those times, 2:30 PM Tuesday works best for everyone involved with WG Land. Can we meet at my office again? Thanks. TOM OVERREY ArronNz,y OVERBEY, S`rRIGEL, BCyu & WESTBROOK, PLC 211 North Block Avenue, Suite 102 • Fayetteville AR 72701-5168 4.79-442-3554 Toverbey_.L@artaxiaw.com www.artaxlaw.com/thornas-i-overbev.htmi This email message and any attachments are confidential. If you are not the intended recipient, please immediately reply to the sender and delete the message from your email system. Thank you. From: Garner, Andrew[mailto:agarner@fayetteville-ar.gov] Sent: Thursday, October 8, 2015 8:34 AM To: Tom <terminella@aol.com> Planning Commission November 9, 2015 Agenda Item 3 15-5209 McClinton Page 9 of 31 JORGENSEN 124 eW tSunbndgeDrive,Suite7 Fayetteville, AR 72703 ASS7 OCIATES Fix: 4795.2.4307 Fax: e: 4 5932.4 .91 Cvii 'lG . Ili'•, - ., ., d]. r ;e"1SC 40C r:om September 16, 2015 City of Fayetteville 113 W. Mountain Street .Fayetteville, AR 72701 Attn: Development Services Re: McClinton Rezoning This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: David McClinton B. Currently this property is zoned R -A. The reason for the requested rezoning is to convert the existing agricultural land, to allow for development to occur around the newly constructed Van Asche corridor. C. To the west of 1-49 is C-2, to the north is a mix of vacant land along with industrial. To the east is a mix of P-1, C-1, and RSF-4. To the south side of Fulbright Expressway is mostly vacant land with R -O and R -A. D. Existing water and sewer are already at this site. E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and that development in the future in this area will to be consistent with growth patterns in this area. F. This rezoning is needed at this time to allow this property to develop and coincides with the construction of Van Asche. G. This development will not adversely affect the existing or proposed streets in the area (it will support it). H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase the load on public services. I. The current agricultural zoning does not allow development along the newly constructed Van Asche. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; Justin L. Jorgensen, PE Planning Commission November 9, 2015 Agenda Item 3 15-5209 McClinton Page 10 of 31 Chris Keeney Mayor 11/02/2015 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Attn: Development Services RE: Rezoning along Van Asche corridor Jennifer Allen Recorderl7reasurer The City of Johnson has recently become aware that landslocatedin the City of Fayetteville aye going through a rezone process. This land is subject to State Law for adjacent properties located in cities to be compatible (see attachment), since it is within 1000' of the city limits. The City of Johnson currently has zoned industrial properties adjacent to the lands located in Fayetteville on both the east and west ends of the Van Asche corridor. (see attached zoning map). The City of Johnson has reviewed the rezone applications and Fayetteville's staff letter and -is in agreement with the proposed zoning changes submitted to the City of Fayetteville for these lands. The proposed commercial districts would provide a buffer to the City of Johnson's current Industrial zones. The City of Johnson feels that the inclusion of residential uses would be incompatible with the existing Industrial zones located in Johnson. Per the state code, uses need to be compatible across city limits. Residential sitting across from Industrial does not seem to be compatible. Thank you, "James Get ,P /, City of J so Contract Engineer P.O. Box 563 o Johnson, Arkansas 72741 • Telephone (479) 521-7291 • Fax (479) 521-7292 —o � Sit icken language would be deleted front and underlirled language would be added to the law as it existed pilotto this session of the General Assembly. 1 Stale of Arkansas As Engrossed: 113/20/0/ 2 83rd General Assembly A Bill Act 1198 o12001 3 Regular Session, 2001 SI NA`l'E BILL 173 4 5 By: Senator Bisbee 6 By: Representatives Noll, Verkcnnp 7 8 9 For An Act To Be Entitled 10 AN ACT TO AMEND VARIOUS SECTIONS OF ARKANSAS CODE 11 TITLE 14, CHAPTER 56, SUBCHAPTER 3, TO REGULATE 12 THE USE OF LANDS IN CITIES THAT BECOME ADJACENT 13 AND CONTIGUOUS TO ONE ANOTHER TO REQUIRE THAT 14 LAND USES WITHIN THE BOUNDARY AREAS OF EACH CITY 15 ARE COMPATIBLE; AND FOR OTHER PURPOSES. 16 17 Subtitle 18 TO REGULATE THE USE OF LANDS IN CITIES 19 THAT BECOME ADJACENT AND CONTIGUOUS TO 20 ONE ANOTHER TO REQUIRE THAT LAND USES 21 WITHIN THE BOUNDARY AREAS ARE 22 COMPATIBLE. 23 24 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 27 SECTION 1. Arkansas Code Title 14, Chapter 56, Subchapter 3 is amended 28 to add an additional section to read as follows: 29 14-56-306. Land use in adjacent and c©nti uaus cities to be compatible. 30 a if mun i c i a I I t i es become ad scent and contiguous to one another 31 through annexation or other procedures, then lands or properties within the 32 boundary area of each municipal tv shall only be zoned for land uses which are 33 compatible with the zoned land uses of the adjoining lands or properties, even 34 if the adjoining lands or properties are located outside the corporate limits 35 or are located within the corporate limits of another munici alit 36 (b) Adjoining lands Within the boundary area shall remain zoned with a *\/jF243* * 0111 "20010308 . VJF243 As Engrossed: 113/20101 S13173 1 compatible land use until the govern mci body of each municipality which is 2 adjacent and contiguous to the boundary a+`oa adopts a resolution agreeing to a 3 change in the zoning of the lands or properties that adjoin one another and 4 stating that the re -zoning to a land use which is not compatible will not 5 adversely impact 6 the adjoined land or property. (c) As used in this section, unless the context otherwise 7 requires: 8 (1) "Adjacent and contiguous" means any time the corporate limits 9 of one municipality come in contact_with the boundaries of the corporate 10 limits of another municipality or if the boundaries of one municipalityextend 11 to within one thousand 1,000] feet of the corporate limits of another 12 municipality 13 (2) "Boundary area" means the area of land along the municipal 14 boundary that is: 15 (A) Inside the municipality and within one thousand (1,000) 16 Feet of the municipality's corporate boundary that is adjacent and contiguous 17 to another municipality; and 18 (B) Outside the municipality, but within the planning and 19 zoning jurisdiction of the municipal ity and also within one thousand (1.000 20 feet of the munici-alit 's corporate boundary that is adjacent and contLquous 21 to another municipality; 22 (3) "Compatible land use" means any use of lands, buildings, and 23 structures which is harmonious to the uses and activities being conducted on 24 the adicining lands and properties and which does not adversely affect or 25 unreasonably impact any use or enjoyment of the adjoined land. A compatible 26 land use includes a land use authorized by the municipal zoning ordinance for 27 the zone that is the equivalent to, or that is as nearly equivalent as 28 possible, to a land use aaullrru i,'erl by t:he municipal zoning ordinance: and 29 (4) "Municipality" means a city of the first or second class or 30 an incorporated town. 31 (d) This section shall apply to municipalities with planning 32 commissions and zoning ordinances authorized under § 14-56-401 - 14-56-425 33 and shall apply to any other municipal zoning regulations authorized by 34 Arkansas law. 35 (f) Notwithstanding anything contained in subsections (a) through (e) 36 of this section, this section shall not apply to any ro ert if the owners of 2 011120010308.VJF243 As Engrossed: 113/20/11 S13173 1 the property have sought to have services extended to the property pursuant to 2 § 14-40-2002 prior to the effective date of this section. 3 4 SECTION 2. Emergency Clause. It is found and determined by the Eighty_ 5 third General Assembly of the State of Arkansas that Act 779 of 1999 created 6 many situations whereby munici al boundary areas were changed rapidly and the 7 proper coordination of sand use regulations between municipal jurisdictions is 8 nearly impossible; that urban areas of northwest Arkansas are developing 9 rapidly and creating conflicts between the land uses in different 10 municipalities growing into one another; that situations where zoning 11 regulations create incompatible land uses are a hardship on property owners in 12 these boundary areas; and that this act should have immediate effect to 13 prevent any further undue burden on those landowners. Therefore an .emergency 14 is declared to exist and this act being immediately necessary for the 15 preservation of the public peace, health and safety shall become effective on 16 the date of its approval by the Governor. If' the bill is neither approved nor 17 vetoed by the Governor, it shall become effective on the expiration of the 18 period of time during which the Governor may veto the bill. if the bill is 19 vetoed by the Governor and the veto is overridden, it shall become effective 20 on the date the last house overrides the veto. 21 /s/ Bisbee, et al. 22 23 24 APPROVED: 3/30/2001 25 26 27 28 29 30 31 32 33 34 35 36 3 011120010308.VJF243 S8739'07'E 659.23' LEGEND N X CALCULATED POINT FOUND IRON PIN PROPOSED ZONING LINE W E S J � OWNER: DAVID McCLJNTDN C/O MICHELLE WISDOM 2825 E.INWOOD LANE FAYETTEVILLE. AR. 72701 o ROPOSED ZONING LINE NOTES: N8745'36"W LCY 1) PARCEL #765-15773-600 _659.95, W _ _ SB7'153jy"E 659.95' t> N ti 2) CURRENT ZONING = R -A 3) PROPOSED ZONING = C-2 & U -T e4 PARCEL #765-15773-800 N sD zo SI' iV LEGAL DESCRIPTION: (ZONING: C-2) in • 0 A part of the SW1/4 of the NW1/4 of Section 27, T17N, R30W �*? tli in Washington County, Arkansas and being described as m follows: Beginning at the SW Comer of sold SW1/4, NWI/4, said point being the POINT OF BEGINNING, thence en NO2°29'17"E 47.32 feet, thence S88°20'38E 21.51 feet, thence NOO°25'06"E 71.11 feet, thence N87°39'29"W 18.94 C-2 7 feet, thence NO2°29'17E 581.33 feet, thence S87°45'36E r+ 659.95 feet, thence S02°24'36 W 702.29 feet, thence N87°33'34W 660.90 feet to the POINT OF BEGINNING: X87°.';9'29"W Containing 10.60 acres more or less subject to easements and right of way of record. N00'2506"E 18.94' C-3 71.11' LEGAL DESCRIPTION: (ZONING:JJRBA11 flURfl eHFRE4. S882038"E SW CORNER SW1/4, NW1/4 A part of the SWt/4 of the NW1/4 of Section 27, T17N, R3OW In 21.51' 27-17-3D Washington County, Arkansas, and being described as follows: N0212917"E Commencing at the SW Comer of said SW1/4, NW1/4, thence (FIP) NO2°29'17E 47 32 feet. thence S88°20'36"E 21.51 feet, thence 47.32 NOO°25'06'E 71.11 feet, thence N87°39'29W 18.94 feel, thence P.O.B. N87'3334W 660.90• N0229'17E 581 .33 feet to BEGINNING; NO2°29'17E 525.51 feet, thence 397 3907"E 6 9.23 a feet, S02°24'36' W 524.27 feet, thence N87°45'361N 659.95 feet to the POINT OF BEGINNING: Containing 7.95 acres more or less subject to easements and right of way of record. JORGENSEN W SuADrive, Suite 5 Fayetteville,R AR 72703 + ASSOCIATES Office: 479.442.9127 Fax: 479.582.4807 Jr',JL 'l l': 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 SCALE: 1"=200' DATE REVISED CHECKED BY: DRAWN BY: BJR DATE: 21SEPTEMBER15__[ DLJ Z:\LSD\2013112\MCCLINT0N REZ0N MCCLINTON REZONING EXH I I I ^U "A" Planning Commission November 9, 2015 Agenda Item 3 15-5209 McClinton Page 26 of 31 RZN 5-5209 MCCLINTON Current Land USE gDusT::) '}, ''i � # ' 1 1 rt � 'p�� l k: jl^ f � • � � �+G ,� a � y w ff 11 ♦ l ,i' '+ SINGLE FAMILY 4L4 '. h,. Y"} 11 '�, ,t � `'�" ` `+ .;sue •}• �a ,� � �* �•"y Proposed rr } �; rr ;s • ° ' C-2 °i UNDEVELOPED LCOMMERCIAL -`— l:A• y, •� f Ii.4n 1. -/.+ ,� Shared Use P ac! Tr ' ' t .,_....- Neighborh000/Frk Trail h Uvervret,rNatiiraI Surface Tr iI RZ 15-5209 r_:: _ Fayetteville City Li nits Footprints 2010 ! Design Overlay Di trict () 175 arc 700 1.p --Y1--- Planning Area Planning Commi si Nov mber 9. 20 5 Agenda Item 3 15-5209 McClinton Page 28 of 31 Agenda Item 3 15-5209 McClinton Page 29 of 31 RZN 15-5209 Future Laird Use [A: SHULER OR I ci a egnd 1 Shared -U Paved Trail • • ' hie htborhooctiPartc Trail -__--..-_-- - -•• oared. -Use Paved trail -- NelghhoRioGdwPark Trail Natural SoVace Frail RZN1 5.•5209. Fayetteville CitV Limits Planning Area •* LFTY#&&M�,PS 3 Design Overlay ❑iSlrict E-2030 SS Natural Area Rural Area OMq,gly Neighborhood Area Urban Center Area Industrial Complete Neigneorhood Civic and Private Open = r•:: Civic Iltstllulional Non -Municipal Govetnr' ROW MCCL1NTON SUBJECT PROPERTY 1 t_-- -_- ,----_ _------�-------- ---- ProposedC-3 JUPiT.t O (7.95 acres) Propa ed C-2 (10.60 acres) N 0 210 4O0 atm 1.200 lane r-eet Planning Agenda Item 3 15-5209 McClinton Page 30 of 31 RZN15-5209 MCCLINTON One Mile View EV;ITT Ro MAIN OR 2ND ST r~n z Ic TS 5 E 4 a Cf Se,,R GRfCfro -t n y, GY It%I E.I2 1 • SUBJECT PROPERTY JANECIRCLE aR t om% vr7NNE OR �ORES VIEW RD 1 X1O G� c,t1 MARY OR Proposed §. UZFR OR �'r- m i n IFFEl7CING r i•. tSF-i ' I r GA TIfRST r\r_s . Proposed p._ C-2 (10.60 acres) ter�:l� [.-2 o IIt I, r , RptA�Uybq Legend Pa (P/•f tired -L e rail It.cr ...... MF'. r bd! rail Overview Legend nd Hills e -Hilltop Overlay District Desi n Overlay District suhtecl Property �`•` Boundary _ _ y; Plan ing Area yry 1 1F I Fay tteville •''__' 0 0.25 0.5 1 I V I 1 es - Planning Co missi NovemDer9. 015 Agenda Item 3 15-5209 McClinton Page 31 of 31 NORTHWEST ARKANSAS Democrat ax�ett�e z 7•i:, . 10P7, FAME' I FVII i F7 AR, 72702 - 479-442-1700 > FAX: 479695 -?1'18 m WWW NWA1_)G."OM _. AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5831 Was inserted in the Regular Edition on: December 31, 2015 Publication Charges: $ 77.82 *)0J -Q -k) cLi&& Karen Caler Subscribed and sworn to before me This 4 day of � , 2016. Notary Public My Commission Expires: CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. ORDINANCE NO 5831 AN ORDINANCE TO "EZPNE THAT PROPERTY DESCRIBED IN REZONIG PETITION RZN 15-5209 ' FOR APPROXIMATELY 1834 ACRES LOCATED AT THE NORTHEAST CORNER OF,MCGUIRE'STREET "AND VAN nRKnn sas ASCIHE DRIVE FROM R -A, RESIDENTIAL AGRICULTURAL TO.C-2 THOROUGHFARE COMMERCIAL AND C-3, CENTRAL COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYEITEVILLE, ARKANSAS Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R -A, Residential Agricultural to C-2, Thoroughfare commercial and C-3, Central Commercial as shown on Exhibits A and "B" attached to the Agenda item. Section 2 That the City Council of the City of Fayetteville Arkansas hereby amends the official zoning reap of the City of Fayetteville to reflect the zoning change provided in Section 1.. Section 3 : Severability. That the City"Coyncil of the City of Fayetteville, Arkansas hereby determines that if the Johnson City Council determines that a portion of this rezoned acreage is,not '"compatible with the zoned land uses of the adjoining lands" in Johnson pursuant to its power under A.C.A.§ 14-56-306 and refuses to agree to a portion of this`rezoning, then all other unaffected property within this Petition RZN 15 5214 shall still be immediately rezoned` pursuant to Section 1 PASSED and APPROVED this 15th day ofDecember, 2015. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor LISA BRANSON, Deputy City Clerka