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HomeMy WebLinkAboutORDINANCE 5727I llf 1�I!lIIII III llllllllll I11II IIRRIIf I lull I1111I1I� IIIII IIRI llf Il II1I IUI Doc ID: 011041620008 Type: qEL Kind,' OROrNANCE Fee eeorded: 01/O5/2015 at 02:47:39 pp,FAmt; $40.00 page 1 of a ton Kyle syl vaster��Cir�cuit Clerk Flle 2015-000265 ORDINANCE NO. 5727 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4850, FOR APPROXIMATELY 4.96 ACRES, LOCATED ALONG THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN GOVERNMENT AND HILL AVENUES, FROM I- 1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO C-2, THOROUGHFARE COMMERCIAL SUBJECT TO A PROFFERED BILL OF ASSURANCE 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 I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, to C-2, THOROUGHFARE COMMERCIAL, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts the proffered Bill of Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision. The Bill of Assurance will be attached as Exhibit C to this ordinance. Section 3: 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. PASSED and APPROVED this 16a' day of December, 2014. :! By!�d / NEL1,4 A ,Mayor ATTEST: By: X&44u-- C5 'Jw2az- SON�DRA E. SMITH, City Clerkf1'rcao0 110111 '�, .` Vv tip _ J'' III H! 1 f•111! lti��`,`' EXHIBIT NIA" RZN14-4850 Close Up View I STONE Si RMIF40 fa RMF-24 C.2 HANNA'S LANDING RSF•4 UNIVERSITY AVE SUBJECT PROPERTY PRIVATE 421 _r -PRAIRIE-S T ...................... C-1 Legend ?;SC ...... Multi -Use Trail (Existing) Future Trails RPZD RZN14-4850 ............. ........................ yery .,,,Fayetteville City Limits Footprints 2010 Hillside -Hilltop Overlay District L _._., Design Overlay Di;trict . Design Overlay Di 5trict 0 75 150 300 450 600 ------ Planning Area iiiiPTOOMMOTT9 Fee I EXHIBIT "B" Industrial ZoninE Description: A tract of land being apart of the Southeast Quarter (SE 1/4) of the Southwest Quarter (S W 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 3/4" steelbar at the Northeast corner of said Quarter, Quarter according to Plat Book 4, Page 97, dated 21, February 1923; Thence along East line of said Quarter, Quarter South 02' 39' 57" West, a distance of 424.27 feet; Thence leaving said East line North 86' 28' 38" West, a distance of 227.07 feet to the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road, according to Deed Book Y, Page 315-315 dated 3, February 1875; Thence along said West Right -of -Way South 020 39' 57" West a distance of 10.09 feet for the POINT of BEGINNING; Thence along said West Right -of -Way South 02' 39' 57" West, a distance of 501.67 feet to the North Right -of -Way of W. Martin Luther King Blvd. according to Arkansas Highway Commission Document No. 93-16505; Thence along said North Right -of -Way the following seven (7) courses: (1) North 860 17' 47" West a distance of 1.87 feet; (2) South 17' 23' 19" West a distance of 10.30 feet; (3) North 86' 34' 45" West a distance of 160.00 feet; (4) North 83' 43' 00" West a distance of 8.55 feet; (5) North 83' 43' 00" West a distance of 91.58 feet; (6) North 86' 35' 01" West a distance of 164.18 feet; (7) North 86' 35' 01" West a distance of 1.99 feet; Thence leaving said North Right -of -Way North 02' 39' 57" East a distance of 406.58 feet to the East Right -of -Way of Arkansas and Missouri Railroad Company and along a non -tangent curve to the left, with a length 146.98 feet, having a radius of 1482.69 feet, through a central angle of 05°40'47", and having a chord which bears North 44' 29' 37" East a distance of 146.92 feet to a non -tangent line; Thence along said line, South 86' 28' 38" East a distance of 140.24 feet; Thence leaving said line, South 03' 34' 11" West a distance of 7.93 feet; Thence South 84' 46' 12" East a distance of 69.03 feet; Thence South 84' 39' 10" East a distance of 118.31 feet; Thence North 03' 34' 11" East a distance of 3.67 feet; Thence South 86' 25' 49" East a distance of 5.28 feet to the POINT of BEGINNING and containing 216,008 square feet or 4.96 acres, more or less. RZN 14-485Q EXHIBIT "C" Page 1 of 25 TE3S INSTRUMENT PREPARED BY: J. Cliff McKinney, Esq. Quattlebaum, Grooms & Tull PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501) 379-1700 Fayetteville (MLK), AR; Store #4516-00 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of the "Property" described on Exhibit 1 Burton Dougan Hanna, Trustee of the Burton Dougan Hanna Revocable Trust, U/D/T June 22, 2003 (hereinafter, "Petitioner"), hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any tern of this Bill of Assurance, after failure to cure such violation following thirty (30) days prior written notice given by the City of Fayetteville to Petitioner followed by a second ten (10) day notice if such failure to cure is not accomplished during the initial thirty (30) day cure period [provided, the duration of both such cure periods shall be increased as reasonably necessary to permit such cure so long as Petitioner undertakes to cure the violation during the applicable cure period and thereafter continues to diligently pursue such cure], substantial irreparable damage justifying injunctive relief (but not monetary damages) of the specific violation but not an injunction against an otherwise permitted use has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the permitted and conditional uses allowed in District C-2, Thoroughfare Commercial as set forth in Title XV of the Unified Development Code of the City of Fayetteville as of December 1, 2014 (the "UDC"), a copy of pertinent portions of the UDC being attached as Exhibit 2. with the exception of those Use Units identified in Section 2 of this Bill of Assurance. Upon petition to either the City of Fayetteville Planning Commission or City Council by Petitioner, either such body (or its successor) shall have the right to expand such uses. If the UDC is updated by the City of Fayetteville to include additional permitted or conditional uses within District C-2, Thoroughfare Commercial (or a replacement designation), such additional permitted or conditional uses shall automatically be allowed. If the UDC is updated by the City of Fayetteville to exclude permitted or conditional uses RZN 14-4850 EXHIBIT "C" Page 2 of 25 within District C-2, Thoroughfare Commercial (or a replacement designation), such newly excluded permitted or conditional uses shall not prohibit any uses then occurring on the Property or otherwise limit Petitioner's right to claim a grandfathered or similar status to continue such uses. 2. Specific activities will not be allowed upon petitioner's property as a primary business activity include the following Use Units as defined in the UDC: Use Units 19, 20, 29, 32, 33, 34 [except that alcoholic beverages may be sold as part of another business, including without limitation a grocery store, convenience store or restaurant], 35 and 38. Notwithstanding the forgoing, the foregoing list does not preclude or prohibit any incidental uses that might otherwise be prohibited. 3. The initial development of the Property shall include a bicycle repair station for customers and a transit station allowing pick-up and drop-off services of mass transit vehicles. Sidewalks constructed on the Property shall be generally constructed in a manner to permit trees to be planted between the sidewalk and street if approved by all appropriate governmental entities, including without limitation the City of Fayetteville and the Arkansas Highway and Transportation Department. 4. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. 5. If the Property is conveyed to Wal-Mart Real Estate Business Trust, a Delaware statutory trust, after such conveyance, all notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: Wal-Mart Real Estate Business Trust (Store #4516-00) 2001 S.E. loth Street Bentonville, AR 72716 Attention: President With a copy to: Wal-Mart Real Estate Business Trust (Store #4516-00) Attention: Property Management, State of Arkansas 2001 S.E. loth Street Bentonville, AR 72716-0550 With a copy to: J. Cliff McKinney, Esq. Quattlebaum, Grooms 8t Tull PLLC I I I Center Street, Suite 1900 Little Rock, AR 72201 [Signature on the Following Page] RZN 14-4850 EXHIBIT "C" Page 3 of IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above Petitioner voluntarily offers all such assurances and sign my name below. BURTON DOUGAN HANNA, TRUSTEE OF THE BURTON DOUGAN HANNA REVOCABLE TRUST, UIT/D JUNE 22, 2003 By: �EV B�irton ougan I lanna, Trustee STATE OF ARKANSAS ) )ss: ACKNOWLEDGMENT COUNTY OF On this day, before me, a Notary Public, duly commissioned, qualified and acting, with and for said County and State, appeared in person the within named Burton Dougan Hanna, to me well known, who stated that he was the Trustee of THE BURTON DOUGAN HANNA REVOCABLE TRUST, U/T/D JUNE 22, 2003, and was duly authorized in that capacity to execute the foregoing instrument for and in the name and on behalf of said trust, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and official seat this L�o day of \ cz 201fA Notary Public My Commission Expires: JAL SEAL RHONDAPREEMAN is NOTARY PUBLIC . ARKANSAS WASHINGTON COUNTY COMMISSION # 12387571 Washington County, AR I certify this instrument was filed on 01/05/2015 02:47:39 PM and recorded in Real Estate File Numbe .00000 Kyle Sylve er- lerk by City of Fayetteville, Arkansas 113 West Mountain Street Z Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2014-0447 Agenda Data: 12/16/2014 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B1. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4850, FOR APPROXIMATELY 4.96 ACRES, LOCATED ALONG THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN GOVERNMENT AND HILL AVENUES, FROM I -I, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO C-2, THOROUGHFARE COMMERCIAL SUBJECT TO A PROFFERED BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, to C-2, THOROUGHFARE COMMERCIAL, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby accepts the proffered Bill of Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision. The Bill of Assurance will be attached as Exhibit C to this ordinance. Section 3: 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. City of Fayetteville, Arkansas Page 1 / Printed on 912812015 HAN NA`S° candle co. October 14, 2014 Mayor Lioneld Jordan Members of the Fayetteville City Council City of Fayetteville, Arkansas 2700 S. Armstrong Avenue Fayetteville, Arkansas 72701 Tel. (479) 718-7700 Fax (479) 443-5473 hftp:/hvww.hannascandles.com Attn: Sondra Smith, City Clerk Via Email and Hand Delivery City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re: RZN 14-4850 Planning Commission Agenda Item No. 12 NE Corner of MLK Blvd, and S. Hill Ave./Hanna's Landing Dear Mayor Jordan and Members of the Council: This letter is being sent by the owners of the above property to respectfully appeal the action of the Fayetteville Planning Commission at its meeting on October 13, 2014 in regard to the above -referenced application. Our application was to rezone the property from its current zoning designation, I -I Heavy Commercial/Light Industrial to C-2 Thoroughfare Commercial pursuant to the Unified Development Code ("UDC") of the City of Fayetteville. The Planning Commission voted to recommend denial of the rezoning to the City Council. We believe the Planning Commission erred in its decision to deny in that the decision was not based on legitimate land use -based considerations and the applicable UDC C-2 zoning code provisions. We request that this appeal be placed on the next available City Council agenda for consideration. Please notify us, and our authorized representative, Mr. Stephen R. Giles, of the date that this item will be on the Council's agenda and also of any notices that need to be sent or published by the applicant prior to the hearing date. If you have any questions or need additional information, please do not hesitate to let us and our representative know. Respectfully submitted, Wanna,ner CITY OF ay evi le ARKANSAS MEETING OF NOVEMBER 6, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner DATE: October 14, 2014 SUBJECT: RZN 14-4850: Rezone (NORTHEAST CORNER OF MILK BLVD. AND S. HILL AVE./HANNA'S LANDING, 522): Submitted by CEI ENGINEERING for property located ON THE NORTH SIDE OF MLK BLVD. BETWEEN GOVERNMENT AVE. AND HILL AVE. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 4.96 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. RECOMMENDATION: The Planning Commission and City Planning Staff recommend denial of an ordinance to rezone the property to C-2, Thoroughfare Commercial. BACKGROUND: The subject property is located at the northwest corner of Martin Luther King, Jr. Boulevard and Government Avenue and contains 12 separate lots that are all zoned 1-1, Heavy Commercial/Light Industrial. The property owner also owns two adjacent lots along Hill Avenue that are already zoned C-2, Thoroughfare Commercial. The industrial properties are developed with several existing businesses, including warehousing, car repair and U-Haul rentals. Surrounding land uses vary widely and include residential, office, repair, and retail. There are many legally tested factors to consider with a rezoning proposal. Consistency with a City's General Land Use Plan (City Plan 2030) and compatibility with adjacent properties are two of the primary considerations, among others such as logical public opposition, traffic safety and congestion, good civic design and efficiency, property value considerations, and so forth. Because the City Plan incorporates many of the zoning considerations within its comprehensive policy recommendations, this plan is often cited in staff's reports to the Planning Commission and City Council. However, City Plan 2030 remains a policy guide and is clearly not written nor intended to be a requirement for any specific type of zoning. Rather, each rezoning application that comes before the City Council is unique and reviewed by staff and the Council on its own merit. As noted above; compatibility is often a major factor in a zoning application. Land use compatibility cannot be determined by the color shades of a zoning map. It often is determined by civic design, including building scale, mass, orientation and traffic, and importantly considers the context of surrounding parcels of land, both in present and potential character. "Compatibility does not mean 'the same as.' Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development." (Hudson, Ohio: Land Development Code) Mailing Address: 113 W. Mountain Street www.fayetteville-acgov Fayetteville, AR 72701 Directly adjacent to this property and in the immediate surroundings are small scale residences and businesses, many constructed from 1900-1950. It is expected that rezoning almost 5-acres of property to C-2, Thoroughfare Commercial will promote a highway -style development pattern that is incompatible with the small-scale, historic fabric of the surrounding neighborhood. There is not another zoning of this nature and size along Martin Luther King, Jr. Boulevard until closer to the intersection of Razorback Road. The land uses there include strip commercial centers, fast-food restaurants and gasoline service stations, so the overall character of the C-2 zone is clearly apparent in our city. Accordingly, the subsequent development pattern on this 5-acre parcel will likely include a large, single -use building located at the back of the property and a parking lot containing several acres located along Martin Luther King, Jr. Boulevard and Government Street. Ultimately, the question for the Council seems to be "is this rezoning and the development pattern that it creates appropriate and compatible for this particular property, given all the factors that may be considered in a rezoning application?" In staff's view, the C-2 zone and subsequent development pattern does not reflect, complement, or consider the surrounding building scale, building mass, or building orientation and therefore is not compatible. And because this development style is primarily oriented to automobile traffic, automobile usage will be intensified on the surrounding small-scale streets that serve the existing neighborhoods. City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City Neighborhood 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 multi -family. 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. City Neighborhood Areas encourage complete, compact, and connected neighborhoods and are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. In addition, the subject property is directly adjacent to the Downtown Master Plan boundary, and an area known as the Mill District. Excerpts further describing these areas have been included in the staff report. Goal 1 of City Plan 2030 makes appropriate infill and revitalization our highest priorities. This goal promotes redevelopment that reflects the existing community character of neighborhoods. The C-2 zoning district is a conventional commercial zoning district, modeled for the auto - oriented development patterns popularized by highway expansions over the last 60 years. This designation is not consistent with the traditional town components that still exist around this site. All of this area was once a traditional residential neighborhood. Over time it has been split by Martin Luther King Boulevard, once a two-lane residential street, and many of the original homes were demolished to make way for new commercial developments. Because of these changes the area now simultaneously reflects two very different development scenarios. The first is a traditional neighborhood with homes lining the street and low traffic speeds. This is the development pattern to the north, south and east and reflects new development patterns under construction currently in the immediate vicinity. The second is a highway corridor lined with strip centers and fast food restaurants. This is the development pattern further to the west. Rezoning 4.96 acres to C-2, in staff's opinion, will promote new suburban commercial development and further fragment a historic neighborhood. Goal 2 of City Plan 2030 discourages suburban sprawl. The location of this property is quite urban in nature - part of a neighborhood that developed in the first quarter of the 20`h century, which retains a mixture of residential and small-scale commercial uses. However, the land use pattern commonly developed in the C-2 zoning district is low density, automobile dependent, energy and land consumptive, and requires a high ratio of paved surface to development served. In staff's opinion the land use pattern proposed and expected within a C-2 zoning district is much more aligned with suburban forms of development than urban infill. Goal 3 of City Plan 2030 encourages traditional town form to be the standard development pattern. However, the C-2 zoning district tends to promote a suburban development pattern with sites designed around parking lots and highway access instead of the neighborhoods which they border. A C-2 rezoning in this location would run counter to the City's vision for redevelopment adjacent to downtown into a more urban and walkable environment. This vision adopted by the City Council with hundreds of citizens' input is feasible in this area because of the close proximity to downtown, Frisco Trail, the University of Arkansas and Fayetteville High School, and several medium to high density residential neighborhoods. DISCUSSION: On October 13, 2014 the Planning Commission voted on this item with a recommendation for approval. The recommendation failed with a vote of 0-8-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4850, FOR APPROXIMATELY 4.96 ACRES, LOCATED ALONG THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN GOVERNMENT AND HILL AVENUES, FROM 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO C-2, THOROUGHFARE 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 I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, to C-2, THOROUGHFARE COMMERCIAL, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. 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. PASSED and APPROVED this APPROVED: By: LIONELD JORDAN, Mayor day of 2014. ATTEST: Un SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "Awy I RZN 14-4850 Close Up View I STONE ST I RMP40 RMF-24 C-2 C-1 Legend Multi -Use Tr it (Existing) Future Trails RPZ11 RZN14-4850 ayefv 'wFayetteville City Limits Footprints 2010 Hillside -Hilltop Overlay District Design Overlay Di Wict Design Overlay Di trict HANNA'S LANDING RSF-4 W, �'NIVERSJTYAVE SUBJECT PROPERTY] R-0 PRIVATE 421 . ... ... ... . PRA;RiE ST a 75 150 300 450 600 ------ Planning Area 6- nFeet EXHIBIT "B" Industrial Zoning Description: A tract of land being apart of the Southeast Quarter (SE 1/4) of the Southwest Quarter (S W 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 3/4" steelbar at the Northeast corner of said Quarter, Quarter according to Plat Book 4, Page 97, dated 21, February 1923; Thence along East line of said Quarter, Quarter South 02' 39' 57" West, a distance of 424.27 feet; Thence leaving said East line North 86' 28' 38" West, a distance of 227.07 feet to the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road, according to Deed Book Y, Page 315-315 dated 3, February 1875; Thence along said West Right -of -Way South 02' 39' 57" West a distance of 10.09 feet for the POINT of BEGINNING; Thence along said West Right -of -Way South 02' 39' 57" West, a distance of 501.67 feet to the North Right -of -Way of W. Martin Luther King Blvd. according to Arkansas Highway Commission Document No. 93-16505; Thence along said North Right -of -Way the following seven (7) courses: (1) North 86' 17' 47" West a distance of 1.87 feet; (2) South 17' 23' 19" West a distance of 10.30 feet; (3) North 86' 34' 45" West a distance of 160.00 feet; (4) North 83' 43' 00" West a distance of 8.55 feet; (5) North 83° 43' 00" West a distance of 91.58 feet; (6) North 86' 35' 01" West a distance of 164.18 feet; (7) North 86° 35' 01" West a distance of 1.99 feet; Thence leaving said North Right -of -Way North 02' 39' 57" East a distance of 406.58 feet to the East Right -of -Way of Arkansas and Missouri Railroad Company and along a non -tangent curve to the left, with a length 146.98 feet, having a radius of 1482.69 feet, through a central angle of 05°40'47", and having a chord which bears North 44' 29' 37" East a distance of 146.92 feet to a non -tangent line; Thence along said line, South 86' 28' 38" East a distance of 140.24 feet; Thence leaving said line, South 03' 34' 11" West a distance of 7.93 feet; Thence South 84' 46' 12" East a distance of 69.03 feet; Thence South 84' 39' 10" East a distance of 118.31 feet; Thence North 03' 34' 11" East a distance of 3.67 feet; Thence South 86' 25' 49" East a distance of 5.28 feet to the POINT of BEGINNING and containing 216,008 square feet or 4.96 acres, more or less. AAJhL i ��'1 't r:• �� �Y� � . #IBC l�.ricllCe ; -. Nomwi, - " iw�- 17 .1 AM&- W- A • � Jai ,�y•'�J i ' fit;•• '-1;�fi+" ��{ • r. r Mill District;; Martin Luther King Blvd. West Ave. CITY OF Ta11 ye edle PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner :]EETING DATE: 8etebel: 6, 2014 Updated October 15, 2014 SUBJECT: RZN 14-4850: Rezone (NORTHEAST CORNER OF MILK BLVD. AND S. HILL AVE./HANNA'S LANDING, 522): Submitted by CEI ENGINEERING for property located at ON THE NORTH SIDE OF MILK BLVD. BETWEEN GOVERNMENT AVE. AND HILL AVE. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 4.96 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. RECOMMENDATION: Staff recommends denial of RZN 14-4850. BACKGROUND: The subject property is located at the northwest corner of Martin Luther King Boulevard and Government Avenue and contains 12 separate lots that are all zoned 1-1, Heavy Commercial/Light Industrial. The property owner also owns two adjacent lots along Hill Avenue that are already zoned C-2, Thoroughfare Commercial. The industrial properties are developed with several existing businesses, including warehousing, car repair and U-Haul rentals. Surrounding land uses vary widely and include residential, office, repair, and retail. The surrounding zoning and land uses are depicted in Table 1. Direction from Site Table 1 - Surroundinq Zoninq and Land Use 1-1, Heavy Co Industrial C-2, Thoroughfare Commercial Request: The request is to rezone the property from 1-1, Heavy Commercial/Light Industrial to C- 2, Thoroughfare Commercial. Public Comment: Staff has received comments from several members of the public who are opposed to the rezoning. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 INFRASTRUCTURE: Streets: The site has two access points to Hill Avenue and Government Avenue, which are both local streets, and Martin Luther King Boulevard, a principal arterial. Any improvements to these streets will be determined at the time of development. Water: Public water is accessible to the site. There is a 12-inch water main along Martin Luther King Boulevard and a 4-inch water main along Government Avenue. Sewer: Sanitary sewer is available to the site. There is an 8-inch sewer main along Martin Luther King Boulevard and a 10-inch sewer main along Government Avenue. -'page: Any additional improvements or requirements for drainage will be determined at time of development. This property is not affected by the 100-year floodplain or the Streamside Protection Ordinance. Fire: This development will be protected by Engine 1 located at 303 W. Center Street. It is 1 mile from the station with an anticipated response time of 2 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest .I ,ectrum of uses and encourages density in all housing types,Trom single-family to multi -family. 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. City Neighborhood Areas encourage complete, compact, and connected neighborhoods and are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. Guiding Policies: Protect adjoining properties from the potential adverse impacts associated with non-residential uses adjacent to and within residential areas with proper mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values. G.\ETC\Oevelopment Services Review\20140evelopment Review\14-4950 RZN (Hanna's Landing)03 Planning Commission\10-13- 2014\Comments and Redlines b. Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. c. Reduce the length and number of vehicle trips generated by residential development by enhancing the accessibility to these areas; encourage walkability as part of the street function. Neighborhood shopping should be within walking distance of residential use, or approximately one -quarter mile. d. Encourage developers to designate and plan for mixed -use corners at the time of approval to properly plan for accessibility to these areas. e. Encourage pedestrian -friendly, mixed -use buildings through the use of transparent glass for commercial uses at street level and building entrances that address the street. f. Encourage a block -and -street layout that promotes walkable, cyclist -friendly road designs with slow design speeds. g. Encourage mixed -use development that is sensitive to surrounding residential uses and allows for day and night utilization of available parking. h. Utilize principles of traditional residential urban design to create compatible, livable and accessible neighborhoods. i. Encourage properties to redevelop in an urban form. j. Protect and restore Fayetteville's outstanding residential architecture of all periods and styles. k. Utilize the Master Street Plan and incorporate bike lanes, parkways and landscaped medians to preserve the character of the City and enhance the utilization of alternative modes of transportation. I. Manage non-residential development within and adjoining residential neighborhoods to minimize nuisances. m. Minimize through traffic on minor residential streets, while providing connections between neighborhoods to encourage openness and neighborliness. Finding: Based upon a number of guiding policies above, staff finds the C-2 zoning district in this particular location to be inconsistent with the City Neighborhood Area designation and the context of the site adjacent to the Downtown Master Plan neighborhood boundary. Commercial use of the property could be appropriate, since the property is along a connecting corridor. However, the most appropriate zoning district is one that requires a development form consistent with a traditional city neighborhood, which is the historical context of this area. WETC\Development Services ReviewV2014\13evelopment Review\14-4850 RZN (Hanna's Landing)\03 Planning Commission\10-13- 2014\Comments and Redlines DISCUSSION: FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends denial of RZN 14-4850. PLANNING COMMISSION ACTION: Required YES Date: October 13, 2014 O Tabled O Forwarded Denied Motion: Winston (Motion to approve) Second: Cook Vote: 0-8-0(Motion Failed) CITY COUNCIL ACTION: Required YES Date: November 6. 2014 ❑ Approved O Denied 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 subject properties are underutilized and contain a variety of industrial building types that do not fit in well with the residential and small scale commercial uses along Martin Luther King Boulevard, Government Avenue, Gregg Avenue and Prairie Street. Rezoning the property will allow infill and revitalization, which staff and the Council supports as a general policy. However, the character and design of the new project will be heavily influenced by the new zoning designation and associated development requirements. Goal 1 of City Plan 2030 promotes redevelopment that reflects the existing community character of neighborhoods. The C-2 zoning district is a conventional commercial zoning district, modeled for the auto -oriented development patterns popularized by highway expansions over the last 60 years. This designation is not consistent with the traditional town components that still exist around this site. All of this area was once a traditional residential neighborhood. Over time it has been split by Martin Luther King Boulevard, once a two-lane residential street, and many of the original homes were demolished to make way for new commercial developments. Because of these changes the area now simultaneously reflects two very different development scenarios. The first is a traditional neighborhood with homes lining the street and low traffic speeds. This is the development pattern to the north, south and east. The second is a highway corridor lined with strip centers and fast food restaurants. This is the development pattern to the west. Rezoning 4.8 acres to C-2 will promote new suburban commercial development and further fragment a historic neighborhood. G'.\ETC\Development Services RevieM20140evelopment RevieM14-4850 RZN (Hanna's Landing)\03 Planning Commission\10-13- 2014\Comments and Redlines Goal 2 of City Plan 2030 discourages suburban sprawl. The location of this property is quite urban in nature - part of a neighborhood that developed in the first quarter of the 20th century. However, the land use pattern commonly developed in the C-2 zoning district is low density, automobile dependent, energy and land consumptive, and requires a high ratio of paved surface to development served. The applicant notes in their submittal letter that the intent is to develop a Neighborhood Market, fueling station and parking lot. The most recent Neighborhood Market in Fayetteville contained 40,000 square feet and 189 parking spaces. Assuming a similar development scenario, the current site (total development site is 5.91 acres) will have a building coverage of only 15%. Put another way, a downtown property with over 257,000 square feet and 1,100 linear feet of public street, water and sewer frontage will be developed with a 40,000 square foot building. In staff's opinion the land use pattern proposed and expected within a C-2 zoning district is an inefficient use of land and public infrastructure, and much more aligned with suburban forms of development than urban infill. Goal 3 of City Plan 2030 encourages traditional town form to be the standard development pattern. However, the C-2 zoning district tends to promote a suburban development pattern with sites designed around parking lots and highway access instead of the neighborhoods which they border. A C-2 rezoning in this location would oppose the City's vision for redevelopment adjacent to downtown into a more urban and walkable environment. This vision adopted by the City Council with hundreds of citizens' Input is feasible in this area because of the close proximity to downtown, Frisco Trail, the University of Arkansas and Fayetteville High School, and several medium to high density residential neighborhoods. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning the property to allow for redevelopment and efficient use of existing infrastructure is appropriate. However, the zoning should be consistent with land use planning objectives and policies. In staff's opinion the C-2 zoning district is inappropriate for the subject property, because it is not consistent with the surrounding community character. The subject properties are part of the County Court PIS, which dates to —the first—q—uarter of the 20th Century. There are still a number of original homes on Government Street dating back to 1926. Property on the east side of Government Street is zoned Main Street Center and is part of the Downtown Master Plan. The character of this area is original Fayetteville, urban core, and a traditional development pattern. In staff's opinion the rezoning proposal is not justified at this time. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The properties are currently mostly used as industrial warehouse space, so there is little traffic generated from the overall property. Rezoning the property to C-2 and redeveloping the site in accordance with the allowable zoning regulations will likely increase traffic on the surrounding street GAETC\Development Services Review\20140evelopment Review\14-4850 RZN (Hanna's Landing)\03 Planning Commission\10-13- 20141Comments and Redlines system, including Gregg Avenue, which Is a very narrow street. In addition, rezoning the property to C-2 will likely increase vehicle turning movements on Martin Luther King Boulevard, a congested principal arterial. 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: Rezoning the property from 1-1 to C-2 will allow some residential uses, which could have some Impact on population density. However, it is unlikely that any residential development allowed under the C-2 zoning standards would have a negative impact on services. The Police and Fire Departments have expressed no objections to the proposal. 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 BUDGETISTAFF IMPACT: None Attachments: • Unified Development Code sections 161.20 & 161.27 • Request Letter • Site Plan • Fire response letter • Public Comment • City Plan 2030 — City Neighborhood Areas • Downtown Master Plan boundary map • Sanborn Map • Photographs • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map GAUC\Development Services Review\20140evelopment Review\14-4850 RZN (Hanna's Landing)\03 Planning Commission\10-13- 20141Comments and Redlines 161.20 District C-2, Thoroughfare Commercial (F) Building height regulations. (A) Purpose. The Thoroughfare Commercial District Building Height Maximum 75 V is designed especially to encourage the functional grouping of these commercial "Any building which exceeds the height of 20 feet enterprises catering primarily to highway shall be set back from a boundary line of any travelers. residential district a distance of one fool for each foot of height in excess of 20 feet. (B) Uses. (G) Building area. On any lot, the area occupied by (1) Permitted uses. all buildings shall not exceed 60% of the total area of such lot. 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 Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through 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 (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 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 boardin and trainin (C) Density. None, (D) Bulk and area regulations. None. (E) Setback regulations. 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. (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, 5196. 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) CD161:18 TITLE XV UNIFIED DEVELOPMENT CODE 161.27 District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or Industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating laces Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies (2) Conditional uses. Unit 2 uses by conditional use permit _ Unit 19 -City-wide Commercial recreation, small sites Unit 20 Commercial recreation, tare sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and area regulations. None, (E) Setback regulations. Front, when adjoining A or R districts 50 ft. Front, when adjoining C, I, or P districts 25 ft. Side. when adjoining A or R districts 50 ft. Side. when adjoining C. I, or P districts 10 ft. Rear 25 ft. (F) Height regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. (G) Building area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No, 1747, 6- 29-70; Code 1991, §160,039; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No 4178, 6-31-99; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08; Did. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10; Ord. 5472; 12-20-11) CD 161:23 The Law Firm of Stephen R. Giles A Professional Association Telephone 425 West Capitol Avenue racsimi le (501) 697-0836 Suite 3200 (501) 374-5092 Little Rock, At kansns 72201-3469 E-nmil: seilcsOgileslxw.n l September 2, 2014 Via E-Mail and Hand Delivery jpate@fayetteville-ar.gov Mr. Jeremy Pate Director of Development Services City of Fayetteville 1 ] 3 West Mountain Street Fayetteville, AR 72701 Re: Rezoning Request on Martin Luther King Boulevard Dear Mr. Pate I have been designated by the owners of land in Fayetteville, Messrs. Thad and Burt Hanna, to present this petition for rezoning of his approximately 5.91 acres of land. The request is to rezone the property from C-2 and I-1 to C-2 Thoroughfare Commercial. This property is located on the north side of Martin Luther King, Jr. Boulevard ("MIX") between Hill Avenue and Government Avenue. This property is under contract by Mr. Hamra with Walmart for a proposed retail grocery store and fueling station at this location. The site currently contains industrial buildings and activity. Requesting a change from industrial to commercial is necessary to accommodate the milted zoning designation for a grocery store and fueling station under the Fayetteville UDC Code. A grocery store at this location will conveniently serve the large number of area residents, many of whom live in University of Arkansas student housing and rental homes, in addition to the homeowners of the area. A number of retail commercial businesses currently operate along this MILK corridor which is adequately served by the connecting street system. The proposed grocery store will not adversely affect the surrounding properties. Traffic to and from the property will be primarily directed to the MLK arterial street, and shoppers from the area residential neighborhoods will have convenienl and safe access to the store. Building and signage design and appearance will be attractive. Water and sewer currently is available to the site. The proposed rezoning and development does not conflict with the City's Comprehensive 2013 Plan. We believe that this well -designed development will promote the 2013 Plan's objectives to (a) make appropriate intill and revitalization of this mostly industrial corridor, (b) Mr. Jeremy Pate Director of Development Services September 2, 2014 Page 2 does not constitute suburban sprawl, (c) promotes a livable transportation network, (d) will incorporate the preservation, to the extent possible, of the existing trees on the west side and will add new landscape and green space to the overall site, (e) population density and public services will not be adversely affected and the project will serve and promote the nearby schools, neighborhoods and businesses, We look forward to working with City Staff, the Planning Commission and City Council in presenting this new development to the City of Fayetteville. If you have any questions or need additional information, please do not hesitate to contact me or Mr. Tom Buny, the project engineer with CEI Engineers in Bentonville. Kindest regards, AZ Stephen R. Giles Enclosure The Law Firm of Stephen R. Giles A Professional Association Telephone 425 Wcst Capilul Avenue Fxcsimilc (501) 687-0836 Suite 3200 (501) 374-5092 Little Rock, Arkansas 72201-3469 E-mail: sgilcs(aJgilesl.".,m September 17, 2014 Via E-Mail jpate@fayetteville-ar.gov Mr. Jeremy Pate Director of Development Services City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Rezoning Request on Martin Luther King Boulevard Dear Mr. Pate: This letter is intended to supplement the original information submitted with the Hanna's rezoning request of September 2, 2014. Since the filing of the original rezoning, the Wahnart development team has studied the Urban Transportation's ("UT") district regulations and have come up with a project design that, provided the rezoning request is approved, we believe will compliment and incorporate significant UT criteria. The proposed project fits within the City's stated goals and objectives in the 2030 Plan. Significantly, the proposed project meets the Number One goal of the 2030 Plan - to make appropriate infill and revitalization the city's highest priority, In support of this contention, we highlight the following points of the project that fit within other 2030 Plan goals. A. The proposed Walmat Neighborhood Market will till a need near downtown Fayetteville for access to fresh Food at low prices, and will do so while improving the land use of the property on MLK. This type of infill development will make central Fayetteville more livable. The market will incorporate offerings and design elements that align with the City's desire to create a more livable urban area and help revitalize a major thoroughfare. The result will be a quality infill development, as described by the first goal of the 2030 plan "We will make appropriate infill and revitalization our highest priorties." B. The 2030 City Plan recognizes that slope is a critical factor in suitable development, with sixteen percent (16%) of the City planning area having a grade of fifteen percent (15%) of greater, which is a factor why some areas are undeveloped. Tile topography of the land for the proposed Market has a gradient of nearly twenty percent (20%) in some areas, making it very costly and difficult for most developers to work with. Mr. Jeremy Pate Director of Development Services September 17, 2014 Page 2 C. Transit is a key portion of the 2030 Plan, and improved transit requires jobs along transit corridors. A new Walmart Neighborhood Market will create up to ninety (90) new jobs along the current transit stop at Government Avenue. Creating an environment that allows for associates and customers to use transit to access the Walmart Neighborhood Market aligns with Fayetteville's goal of reducing a carbon footprint and allowing the community to be more active. D. Having a Market that provides fresh food and good products close to the residential area creates a sense of Neighborhood more than just a single-family subdivision without a nearby grocery store. This has the added benefit of reducing the distance of vehicle trips for residents of the area who may otherwise be driving across town to shop, further reducing the city's carbon footprint and meeting goals four and five of the 2030 plan. We look forward to working with City Staff, the Planning Commission and City Council in presenting this new development to the City of Fayetteville. If you have any questions or need additional information, please do not hesitate to contact me or Mr, Tom Burry, the project engineer with CEI Engineers in Bentonville. Kindest regards, Slelllx•it R. Giles cc: Don Mart, Chief of Staff - _ _ .,5 • m}- , -+•___ ii Izj �CY' [y3. C S:I N �.. '•4� . 11� � ,\ 11e� r�( qSS 73'i �9 �V • a i Il 3 6x f 0 4 t [!i �\ reie - �tSG i".• Y Q.i ! i t I i, '� i4"p+�� � T S q�� H fit jo s- T llr&' n i(it! +�� �• yn,c �bfFSY r oJu [[• w 'F d 3Sr s,yu6NOg •• i $ -'- rig r Al � tcs�fiPbs 9.;"0yr i�y+ •' � � R i {1� � tIBEk(3 Li\P�'®id®flz9®b^®0'►��O\I §� � i z e � ,�� o� gg ;T##asj•.P €$2seR aaa}; T�pg$ "g 3s e;iiF'i�a ��P� l�:r,� � �E � C �� •p i v p 4 p 2� p pYEYTEV1ILF FlnL DEPFinr. MM F I .ARK To: From: Date: Re: The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-9365 Fax (479) 575-0471 CEI Engineering, and Jesse Fulcher Captain Will Beeks, Assistant Fire Marshal October 7, 2014 Hanna's Landing This development will be protected by Engine 1 located at 303 W. Center St. It is 1 mile from the station with an anticipated response time of 2 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Will Beaks Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! From: Jared Delaney<iareddelanevCacollectivebias.com> Sent: Wednesday, September 10, 2014 4:37 PM To: Marsh, Sara h Subject: Jared Delaney, per new proposed Walmart on MLK Sarah, my neighbor Dave said he spoke with Mark Kinion earlier concerning this matter and he referred us to someone in Ward 1. I, along with all my neighbors, are not pleased with this rumor announcement. I am at 309 South Gregg Ave, and you can see how this potential new Walmart will affect the traffic on our road. I have lived on this road for 10 years, and care a lot for the neighborhood. Our road is already used as a crossroad for people getting to Dickson, and I can't imagine the troubles this will cause us. The road is too narrow for the amount of traffic it gets anyway. Please let me know what I can do or what I have to voice my concerns about this. The neighborhood is ready to rally, and we have a lot of people on our road that work in media ready to help out, including myself. Thank you for your time, and please feel free to call me If needed (number below). Jared Delaney. Proud Lifetime Fayetteville Resident Jared Delaney I Account Executive (479) 236-4006 1 a[7JaredSDelanev From: mollymcarman@vahoo.com fmailto:mollvmcarman@yahoo.coml Sent: Thursday, September 18, 201412:23 PM To: CityClerk Subject: Regarding the proposed Neighborhood Market Would you please forward my comments regarding the proposed Neighborhood Market on MILK to the planning commission? Thank you, Molly Carman Dear Planning Commission, My husband and I own our home at 440 S Locust Avenue, just a few blocks away from the proposed Neighborhood Market. One of the biggest factors in our decision to live here was the walkability of the neighborhood, and in the past few years, we have seen that walkability improve. The Mill District is beginning to feel like a real neighborhood, with new restaurants, improved pedestrian access to Walker Park, a tunnel and crosswalk for the bike trail, and lots of new modern -urban housing. We love how this area is cultivating a more urban, "downtown" feel, and we hope that things continue in this direction. While I would welcome a grocery store in the neighborhood, I fear that a Neighborhood Market will disrupt the progress that this area has made. These stores typically have massive parking lots and a generic brown and green building. Fayetteville ought to hold Walmart to a higher building standard in this up-and-coming area of town. I have seen designs for urban Neighborhood Markets that are built right on the street, with a parking deck behind. The design is more modern, and uses materials that match the new construction in the Mill District. This kind of design is more expensive, but it is also more pedestrian -friendly, more attractive, and more in keeping with the direction that Fayetteville is taking. Please, let's do everything we can to keep Fayetteville distinctive, charming, and walkable. This store, if well -designed, could be part of a unique and modern Mill Districtl Sincerely, Molly M. Carman Fulcher, Jesse From: CityClerk Sent: Thursday, September 2S, 20141:S0 PM To: Harrison, Andy Cc: Garner, Andrew; Pate, Jeremy Subject: FW: proposed Walmart store on Hill and MLK Andy, Will you please forward to the Planning Commissioners. Thanks, Lisa Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 citvclerk(o)favettevil le-ar. oov Website I Facebook I Twitter I YouTube CITY OF Faye Reville aKANSAS i y-!: From: Amelia Cox[mailto:ameliablaircox@gmail.comj Sent: Thursday, September 25, 2014 9:20 AM To: CityClerk Subject: proposed Walmart store on Hill and MLK Dear Ms. Smith, I am writing to urge the city to not allow another WalMart store to be developed on MLK. The proposed location is near downtown, and would cause traffic congestion. I am sure that a Walmart location this near to already existing IGA supermarkets would drive both locations out of business, leaving scars on our existing cityscape. We have enough empty and deserted big box scars to be dealt with in Fayetteville. Please consider the future of Fayetteville and help to secure our cities' beauty by not allowing this type of development to over run MLK. I fear we are doing to MLK what we did to College Avenue and are now concerned with cleaning up that thoroughfare. Please have the foresight to not allow the development to occur in our neighborhood. Thank you, Amelia Cox 533 S. Church Fulcher, Jesse From: Garner, Andrew Sent: Thursday, September 25, 2014 9:01 AM To: Harrison, Andy Subject: RE: Proposed Walmart on MLK Andy, Please save this email to a PDF in the public comments folder under the RZN, and also email it to all of the Planning Commissioners when you get a chance. Thanks, Andrew From: CityClerk Sent: Wednesday, September 24, 2014 6:28 PM To: Harrison, Andy Cc: Garner, Andrew Subject: FW: Proposed Walmart on MLK Andy, Please forward to the Planning Commissioners. Thanks, Lisa From: Adams Collins [mailto:breamauts@amail.comj Sent: Wednesday, September 24, 2014 5:41 PM To: CityClerk Subject: Proposed walmart on MLK Hello Sandra Smith. Please forward this email to the planning commissioners in charge of the zoning of the lots on MLK where the new Walmart is proposed. Thank you. My name is Adams Collins. I am a home owner at 514 S Willow and a native Fayettevillan. I was upset to recently find out of the new Walmart proposed for the Location near 641 MLK Boulevard (I do not know the exact location, but understand that it is near here on the opposite side of the street). I bought my home last October and am proud to live in a part of Fayetteville that is growing and developing into a progressive neighborly community of local businesses and eco-friendly homes. Walmart's big box design doesn't fit the vernacular of South Fayetteville. There is already a big box Walmartjust 2 miles away. Please support rezoning the lots under discussion to have code that prevents big box development. Please contact me if there is anything I can do to help prevent Walmart from taking over this space Thank you for your work in creating the community that Fayetteville has become. Adams Collins 479 409 2481 Sent from my Wad n w a M man �.rt o o 0) � o S �Z �> >� (D aZ w c c a 5."p rI rr L.0 (D am �0 m c v = SW SU w lK w �' w m o rt 7 w uo n' ac UO�$�� �3 n �^ M SD I O° w n a !n ram' - (DD O a ,n 7 w w c ac ,Y n>> �.� o ��//ff _ a 7 w w d U �* H O O p 7 1n 3 O. J �.. 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RZN 14-4850 Close up view SFONF SI o Ca RM F •24 C-1 Legend Mufti -Use Tr it (Existing) • Future Trails RPZO RZN 14-4850 e�,L.Vayetteville City Li its - Footprints 2010 Hillside -Hilltop Ov day District Design Overlay Di 5trict Design Overlay Di Arict HANNA'S LANDING RBF-4 = cif i .= s RSF4 � c i UNIVERSITY AVE } i i t SUBJECT PROPERTY 1 I } R-0 Is PRJVATE 421 ------ Planning Area ° 75 150 aoo aso soa Feet PRAIRIE S r �• ' .r• • .... ... t i RZN 14-4850 Current land Use SINGLE FAMILY HANNA'S LANDING e SUBJECT PROPERTY r r y COMMERCIAL + E P MIT up I 1 .,�• � � ifs CommERCIAL r +!+ ' COMMERCIAL ....' ... MuifJ•.11se Trai Fu iAS► �ttyv1f.',,Fayetteville City Li -nits - Footprints 2010 Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feel SINGLE FAMILY t. COMMERCIAL RZN 14-4850 Fimire Laud Use IF FUTU AN❑ USE 20,3-0 CLASS 'J�lural r' 1 f Are nt4E 0� mplete Neighborhood i Civic and Private Open - Civic Institutional Non -Municipal Governm ROW Design Overlay District Design Overlay District �— Planning Area 91 0 125 250 HANNA'S LANDING PRI[v, 500 SUBJECT PROPERTY PRAIRIE ST 750 t,000 Feet SOUTH ST One Mile View I+.• 1 aR! , p• i � - IIEI =• x7 G ELL ❑Pa0 MARKHAM RD ' T R ' Lu IAAi 7�l it;r f . Lu ••,rr.}y 6 w a 47 r ,f': Y HANNA'S LANDING - Ra 1--"R a: 1 REBECCA ST RS< 4 .h aq v `mr'' ap LDIiISF r'r AW Lu y�� P.1 iPl r T- «r . j ST G Q v Y F a r r NIV r C7 R 3 a p5F a 1 LAFAYETTE 57- it}IF P 1 � A}SC M9C q a r � � tirsc M�c� uee'i�'Cuu µ,� �j`fA�c �� �¢ R• ui runt S'r I PI'. � Nr+F �p''•l � V[4n.�lllf �[$R i %ISM of r f rc: ys� SPRING h�&C 17AC K QEN't'E I ST k N xlar: � NmP 1ri .:+ q�.v ia4 srcu sr � eU l G <> I�ue-74" DG BLV w1a 01R T CI`fPLL ST C RLSoh ,,Ill Vtr•IUB S�t I I � � �5rr�-=.. lira — ^" • �,...�O R � QFFIDE O�' O1 . 114�tT��'•1�I7!.1,l R❑ AUP.1. ��' , 1'1 5 47 ti5 RPLDC 1•� v LIBLIC 12-50 W m 1 i IS SUBJECT PROPERTY I • � h 12, 11 TF 14 $TTH s'r j asli •]Ip} RV: 7a ¢ ALs..iYli V S r , ra �� {Cis 7 J112- pus 11hAP.:�4A+F,l�.y- PI nl�iaA :�N' • •,R' .11.1 11 '•rT`h ST C. r' • 1.+ I p. �W •_:• tt{""t,S, DISCOVERY WAY r� VIA�11 CATO SPRINGS RD �� • Y a .. R!V a .. a . Ii •J , P•1 P1 137M ST ] F, F.f�C Ii]f. nl 4. R13C geQ Ahil i- e Trail (Existing);, .I If.. Uture H ST - MUtim.Use frail (Existing) IILi � Iyls Ib1 -AR �1i ri ,`.. r'RIVATE ?I[r.� Overview Legend Hillsde-Hilltop Overlay District Design OverlayDistrict Subject Property -.F ►- Boundary � - - -; Plan iing Area ` _ Fay tteville + #�Lu 1 0 0.25 0.5 1 Miles McCoy, Dee From: Smith, Sondra Sent: Wednesday, November 05, 2014 4:06 PM To: Pate, Jeremy; Garner, Andrew; Gray, Adella; Alan Long; McCoy, Dee; Marr, Don; Eads, Gail; Roberts, Gina; Tennant, Justin; Johnson, Kimberly; Williams, Kit; Broyles, Lana; Smith, Lindsley; Jordan, Lioneld; Branson, Lisa; Kinion, Mark; Schoppmeyer, Martin; Matthew Petty (citycouncil@matthewpetty.org); Mulford, Patti; Pennington, Blake; Adams, Rhonda; Marsh, Sarah; Smith, Sondra Cc: sgiles@gileslaw.net Subject: FW: Council Agenda Item #C. 2 2014-0447 Hanna's Landing Rezone Importance: High Please read the email below regarding tabling to December 2, 2014 the following item that is on the November 6 City Council agenda: C.2 - 2014-0447 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4850, FOR APPROXIMATELY 4.96 ACRES, LOCATED ALONG THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN GOVERNMENT AND HILL AVENUES, FROM I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO C-2, THOROUGHFARE COMMERCIAL Have a wonderful day! Sondra Office of the City Clerk Treasurer Sondra E. Smith CAMC, CMC City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 ssmith@fayetteville-ar govov Website I Facebook I Twitter I YouTube CITY OF[ �PVPVVV A Yc RKAN•5A www, fayetteville-ar.gov From: Stephen Giles [mailto:sgiles@gileslaw.net] Sent: Wednesday, November 05, 2014 2:49 PM To: Smith, Sondra; Pate, Jeremy; Marr, Don Cc: Thad Hanna (Thad.Hanna @hannascandles.com); Michael.Lindsey@walmart.com; Bryant Adams Subject: Council Agenda Item #C. 2 2014-0447 Hanna's Landing Rezone Importance: High Sondra— The applicant requests that the City Council table the above agenda item from tomorrow's meeting and move the hearing to the Tuesday, December 2, 2014 agenda. Please notify the City Council of this request and let me know if you need any additional information. Thanks you, Stephen Giles Stephen R. Giles, P.A. Attorney at Law 425 West Capitol Ave. Suite 3200 Little Rock, Arkansas 72201.3469 Telephone (501) 687.0836 Facsimile (501) 374-5092 E-Mail sgiles@eileslaw.net Website www.eileslawoffice.net NOTICE: This message, including attachments if any, contains confidential information that may be legally privileged, attorney work product, an inadmissible offer or discussion concerning compromise or settlement, or othenvise strictly confidential. If you are not the intended recipient you should not review, retransmit, convert to hard copy, use, copy or disseminate this message or any attachments. If you have received this message in error, please immediately notify the sender by return email, fax or telephone and delete or destroy this message. Thank you. Branson, Lisa From: Branson, Lisa Sent: Monday, December 01, 2014 12:19 PM To: 'Adella Gray (wardl_posl@fayetteville-ar.gov)'; 'Alan Long'; 'Dee McCoy (dmccoy@fayetteville-ar.gov)';'Don Marr (dmarr@fayetteville-ar.gov)'; 'Gail Eads (geads@fayetteville-ar.gov)'; 'Gina Roberts (groberts@fayetteville-ar.gov)'; 'John LaTour';'Justin Tennant (ward3_posl@fayetteville-ar.gov)';'Kim Johnson (kjohnson@fayetteville-ar.gov)'; 'Kit Williams (kwilliams@fayetteville-ar.gov)'; 'Lana Broyles (lbroyles@fayetteville-ar.gov)'; Tindsley Smith (Ismith@fayetteville-ar.gov)'; Tioneld Jordan (Ijordan@fayetteville-ar.gov)'; 'Lisa Branson (lbranson@fayetteville- ar.gov)';'Mark Kinnion (ward2_posl@fayetteville-ar.gov)';'Martin Schoppmeyer (ward3 _post@fayetteville-ar.gov)'; 'Matthew Petty(citycouncil@matthewpetty.org)'; Mulford, Patti; Pennington, Blake; 'Rhonda Adams (ward4_posl@fayetteville-ar.gov)'; 'Sarah Marsh (wardl_pos2@fayetteville-ar.gov)';'Sondra Smith (ssmith@fayetteville-ar.gov)' Cc: Pate, Jeremy Subject: Agenda Item - Requested Information Attachments: C-2 and UT.pdf Adella Gray asked me to send this out to all the Council members. It is a comparison of the C-2 and UT zoning districts. Because it is related to an agenda item (the Hanna Landing/Wal-mart Rezoning) on tomorrow night's meeting, would you mind sending it out, so that it gets to all the right places? Thank you, Jeremy Pate Development Services Director City of Fayetteville, Arkansas 479.575.8265 Website I Facebook I Twitter I YouTube 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. (1) 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 Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through 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 Unit34 Liquor store Unit 44 Cottage Housing Development (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public Rrotection 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-stora a units Unit 40 Sidewalk Cafes Unit42 1 Clean technologies Unit 43 1 Animal boarding and training (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. 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) Building height regulations. Building Height Maximum 175 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) 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 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 14 Hotel motel and amusement services Unit 16 1 Shoppino Qoods 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-familv dwellings Unit 34 Liquor store Unit 41 I Accessory Dwellings Unit 44 1 Cottage Housing Develo ment 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 usepermit_ Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousino 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 trainin (C) Density. None (D) Bulk and area regulations. (1) Lotwidthminimum Sin le-famil dwellin 18 feet All other dwellings I None Non-residential I None (2) Lot area minimum. None (E) Setback regulations. 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 15 feet contiguous to a single- family residential district: (F) Building height regulations. 11 Building Height Maximum 1 56/84 V "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. Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Andrew Garner, Planning Director FROM: Kit Williams, City Attorney DATE: December 1, 2014 Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal RE: Proposed Rezoning from I-1 Heavy Commercial/Light Industrial to C-2 Thoroughfare Commercial for Walmart Neighborhood Market on Martin Luther King Boulevard The Planning Department's opposition to Hanna's Landing's five acre rezoning request at the corner of Government and Martin Luther King Boulevard (Highway 180) is very similar to its former opposition to Kum & Go's requested standard commercial rezoning on Mount Comfort. I wrote you a memo last year expressing my concerns about Planning's opposition to the Kum & Go rezoning request which mirrors the concerns about Planning's opposition to the Walmart Neighborhood Market proposal for Martin Luther King Boulevard (Highway 180). Below are the last two paragraphs from my September 16, 2013 memo about Kum & Go's rezoning request slightly modified to be applicable to the Walmart Neighborhood Market rezoning request. Bolded words are in my original September 16, 2013 memo. "The 2030 Future Land Use Map shows this area to be a City Neighborhood Area which the Planning Division writes should supply a mix of nonresident uses including grocery stores "typically located at corners and along connecting 1 corridors." Grocery stores are not allowed in I-1, but they are allowed in Thoroughfare Commercial as requested by Walmart for its proposed corner lot on the Martin Luther King Boulevard (Highway 180) corridor which the Arkansas Highway and Transportation Department recently improved to five lanes. The City Council has wide discretion about whether or not to rezone property. However, before the City Council would vote not to approve the rezoning, you should be able to articulate specific reasons why the uses allowed in I-1 will better protect adjoining properties and property values than the recommended Thoroughfare Commercial which allows the types of services that the Planning Department affirms that the City Neighborhood Area of Martin Luther King Boulevard in the 2030 Plan calls for and which are not allowed in the current I-V' The Planning Department has recommended that the owners of Hanna's Landing's request to rezone their property from I-1 Heavy Commercial/Light Industrial to C-2 Thoroughfare Commercial be denied so that the property would remain I-1. The number one consideration in any rezoning request is whether the proposed rezoning would be more compatible with surrounding zoning and uses than the current zoning. To answer this compatibility issue, we should look at permitted uses for each zone. (A rezoning request may limit allowed uses with a voluntarily submitted Bill of Assurances.) Let's look at only the normally permitted uses by right allowed in either I-1 or C-2, but not both. I-1 Heavy Commercial/Light Industrial allows: (A) Unit 3. Public protection and utility facilities. This is officially described as things that "can be significantly objectionable to nearby residential, commercial or light industrial uses...." Pa (B) Unit 6. AgriculturaI. C-2, Thoroughfare Commercial allows: (A) Unit 14. Hotel, Motel and Amusement facilities, which includes theaters and non -dancing taverns. (B) Unit 16. Shopping goods, which includes grocery stores, hardware stores, sporting goods, bicycle shops, etc. I am concerned that the City could be challenged by refusing to allow these types of retail facilities in a Heavy Commercial/Light Industrial Zone. This is especially concerning because both Heavy Commercial/Light Industrial and Thoroughfare Commercial already allow as -of right: (A) Unit 13. Eating places a/k/a restaurants. (B) Unit 17. Transportation trades and services, which includes car lots, motorcycle sales, boat sales, body shops, car washes, etc. (C) Unit 18. Gasoline service stations and drive-in/drive through restaurants. With all those other retail sales type stores, why should grocery stores, hardware stores and bicycle shops be excluded from Heavy Commercial/Light Industrial, but allowed in Thoroughfare Commercial? We need a rational reason to exclude grocery stores and other retail stores when we allow car lots, restaurants and service stations. Another use unit allowed only in I-1, but not in C-2 is Unit 22. Manufacturing, which is described in the UDC as "industrial uses which usually generate some adverse environmental effects and for this reason should be located away from uses which do not produce adverse effects." Manufacturing includes "fabricated metal products" and "fabricated structural products" which "should be located away from" mixed use and residential zones. A rezoning to C-2 would remove 3 Manufacturing from the permitted uses on the Hanna's property which should render it more compatible to nearby non -industrial properties. If the City Council wants to protect potential nearby residential properties, the current I-1 zoning of Hanna's property provides little compatibility protection because it allows Unit 21. Warehousing and Wholesale which includes lumber yards, exterminating services, cesspool cleaning, heavy construction, impound yards, oil well drilling, roofing, trucking establishments, warehouses and wholesale establishments. These are not allowed in C-2 which makes C-2 more compatible with Downtown General and Main Street -Center zoning districts. Another compatibility issue is that there are no height limitations or building area limitations in I-1, Heavy Commercial/Light Industrial while in C-2 Thoroughfare Commercial, "the area occupied by all buildings shall not exceed 60% of the total area" and the building height maximum is 75 feet. Adjoining Property If you look at the zoning map, Exhibit "A" to Hanna's Landing RZN 14-4850 (page 588), you will see all abutting land to the west of this proposed rezoning is already zoned C-2. All abutting land to the north is zoned I-1. All parcels directly south across Martin Luther King Boulevard (Highway 180) are zoned I-1. Although the land across Government Street to the east is zoned Downtown General or Main Street Center, almost all structures are commercial or industrial uses. Therefore, it is clear that Hanna's Landing is seeking a commercial downzoning within a long established commercial/warehousing district along a principal arterial. I should note that this area along Martin Luther King Boulevard has not been a residential neighborhood for over fifty years, if ever. Before the Bypass was constructed, this was Highway 62, the largest Highway serving Fayetteville second only to Highway 71 which joined Highway 62 only two blocks to the east of this proposed rezoning. 4 There had been some houses along Highway 62, but it has been a long time since any of these houses have been used as residences along this old highway all the way from Highway 71B to I-49. The numerous apartment complexes built south of Martin Luther King Boulevard would be served by commercial shopping goods allowed in Thoroughfare Commercial if this rezoning is approved, but not allowed in the currently zoned Heavy Commercial/Light Industrial. CONCLUSION When summarizing state law and Arkansas Supreme Court decisions, I have advised the City Council for over a dozen years is that probably "the most important factor and underlying reason to have zoning in the first place is to promote COMPATIBILITY among neighboring parcels." I have also provided this summary of legally sanctioned rezoning considerations. "SUMMARY OF CONSIDERATIONS FOR A REZONING REQUEST Factors that may be legally considered in rezoning issues: 1. Compatibility with adjacent zones (avoiding spot zoning) 2. Public opposition that is logical and reasonable 3. Traffic (safety and congestion) 4. Safety and Fire protection 5. Good civic design and efficiency 6. Adequacy of public facilities (sewage, water, streets) 7. Noise 8. Litter 9. Decrease in value of adjoining land 10. Appropriate and best use of land 11. City's need or lack of need for more land to be zoned as requested 12. 2030 Plan objectives" 5 d ol4 of �k rjuff w), aow 0,11 olutc j M , McCoy, Dee From: Williams, Kit Sent: Tuesday, December 02, 2014 4:38 PM To: CityClerk; Gray, Adella; Alan Long; McCoy, Dee; Marr, Don; Eads, Gail; Roberts, Gina; John LaTour, Tennant, Justin; Johnson, Kimberly, Broyles, Lana; Smith, Lindsley; Jordan, Lioneld; Branson, Lisa; Kinion, Mark, Schoppmeyer, Martin; Matthew Petty (citycouncil@matthewpetty.org); Mulford, Patti; Pennington, Blake; Adams, Rhonda; Marsh, Sarah; Smith, Sondra Cc: Dwight Subject: RE: Mayor Lioneld Jordan and City Council Members RZN 14-4850 Hanna's Landing Development Dear Mr. Rash Rezoning decisions by the City Council do not resolve or even consider potential land boundary issues which must be resolved by the private property owners and not by the City. Kit Williams Fayetteville City Attorney 479.575,8313 -----Original Message ----- From: CityClerk Sent: Tuesday, December 02, 2014 4:06 PM To: Gray, Adella; Alan Long; McCoy, Dee; Marr, Don; Eads, Gail; Roberts, Gina; John LaTour; Tennant, Justin; Johnson, Kimberly; Williams, Kit; Broyles, Lana; Smith, Lindsley; Jordan, Lioneld; Branson, Lisa; Kinion, Mark; Schoppmeyer, Martin; Matthew Petty (citycouncil@matthewpetty.org); Mulford, Patti; Pennington, Blake; Adams, Rhonda; Marsh, Sarah; Smith, Sondra Cc: Dwight Subject: FW: Mayor Lioneld Jordan and City Council Members RZN 14-4850 Hanna's Landing Development ----Original Message ----- From: Dwight [mailto:via.dwight@gmail.com] Sent: Tuesday, December 02, 2014 3:32 PM To: CityClerk Subject: Mayor Lioneld Jordan and City Council Members RZN 14-4850 Hanna's Landing Development I am the landowner north of and adjacent to the Hanna's Landing rezoning. I am not opposed to the rezoning of the property, however I would like the record show that their North property boundary and my South property boundary lines were agreed upon and accepted nearly 25 years ago subsequent to their survey and my survey from about the time Mayor Fred Hanna was in office until now. I request the documentation show the correct location of the agreed upon property line which is currently marked on the ground, adjacent to the south side of the existing fence and north side of their concrete driveway from Government Avenue to the railroad. When the documentation is completed to the satisfaction of the Hannas and myself, I welcome and wish them well with the enjoyment of their property. Respectfully, Lloyd Dwight Rash, 449 S. University Ave., 72701, (479) 442-0787. a' $aI a)L t E Era m rn 0 o c � c m N N � O C E o J,y U O N N O 0 o E L N Y = U co z 3� N N y � N y � U � S cvo ES . _ CU a Q L L c co c m E c �c 'c E a)N N N C N l6 L U N Y c O co v 5 3 g a v L Ctl Y 3?: 3 Y p� Y 7 '�O [tl C a1 � "C U C +O• L O 3 •O � U N o cN N 3 J U C U , U) o c s cm.� m "o E U C Q = = CO m O ro N V C n_ o o m Q Y w N o< r r 4 6 � � cr o� a u�L N � d Q L � 6 f Vol 1 s � ri IL 45 5 S lb m J <Z�z z c E c aD O cu Y J c6 C �C N U y C cu Q C O d a 2. a o C L L OY E � L •3 E Ln O 0 .N m E O Y m U J N N N O 0 o E i N C Y C U O 3 Z 3 N N y O N H m 0 ycc ncts . 0 a) m Z c tm U N N c U N N 7 C O cif O 0, U O O -523 CO y O N � N Y � N � N 0 7 -O C U 3 J 'U .0CD N c C L N E rm.f6 m 'O N tm 4) O C U "O = C C O C 7 ro N C C ` Y w y r J tA L Mo V wl s N a O %P w L DO 7 r{ � _ c! a r AN s tots M a Q f N ^ d a' 0, 2. J 72 N tl, Vo V Q ^1 J N n7 O . E -s C (n N� a 1 U /v and C-3 z / � \ \ � 6 & 2 2 / \ \ ! � 6 0 \ \ )� e�% ® CL 4 \ cut � � E z\I \\ » N I� c a) N 0 c m Y J N 0) C .0 N N U N c ca a c O N a ZO ¢ o a)t E r rn 3 > c o c � O C .N E C Y m J a) N g N o` O ` O rn C Y C V a3 O iH z 3 m O O Y 3 N CV rn � U � m o E w c a�. ns o a) m t o fn m C U N N oUC LI Ia ` C Y 7 .- a) CD 7 U 3 aS a) O N (D V p� a7 o c C 3 J U a) .r C L N rnnry c m c c :co 7 ca N O C y 3II >o caa) N U N CO U E E c "O C 7 0 rn C , (yA N W O cc `o 0 o c 0 `� J CL C T C � 1 � 3 N N 1 m alot r V N E E� z r A " IQUJkS. N yel'in �7rack �3 4 5._ 6 Wall St. 7 9 —�8 C... West 2 SpuA Track I C ti Gf eg j St. �. 1 1 1 Blacksmith/Forge 2 W. R. Quick residence 3 Second hand store 4 Grocery/mercantile 5 Grocery, later a gas station 6 Grocery/mercantile/barber 7 Drug store 8 Fire Station 9 Christian Church Not all residences shown. Q U I C K&VTL OWN Fayetteville Arkansas Circa 1908 Not to scale 'IQ oickcTow.J A QELic OF 67+tLV FA-Y6TTItv)LLE FZh�t V01 , 56, wo, 4� Asgvr zea 6 ra)uau..f M g, /. i1a . 'ema", 4AP� CityClerk From: Sallie Overbey <scoverbey@sbcglobal.net> Sent: Tuesday, December 16, 2014 11:42 AM To: mayor@ci.fayetteville-ar.gov, CityClerk Subject: Support of Rezoning on MLK Boulevard Dear Mayor Jordan & Adella Gray Sarah Marsh Mark Kinion Matthew Petty Justin Tennant Martin Schoppmeyer Rhonda Adams Alan Long City Council Members: I encourage you to support the rezoning of the property at the northwest corner of King Boulevard and Government Avenue. As a practicing architect for over 30 years with planning knowledge, I believe the intended use of the property would be a positive asset for citizens living in the central part of town. Concern has been expressed over the long- established groceries and fueling stations located nearby, but my feeling is they will be able to retain their loyal customer bases. I think the proposed Neighborhood Market would primarily attract people who already favor utilizing "big -box" stores. They would no longer need to drive current distances to reach these facilities, which would cut down on traffic and reduce individual fuel consumption. A number of physically large student housing projects have been and are currently under construction in this part of town. This facility would help serve their needs. It's my opinion that the intent of Wal-Mart to build this facility should be welcome, just as the student housing projects have been accepted and worked into the context of the surrounding area in recent years. Holding the project to design standards that meet the city's long-range planning goals is also extremely important and has my full support. Thank you for all the time you spend working to make the City of Fayetteville an even better place. Respectfully, Sallie Overbey, AIA, Leed AP 1855 W. Pratt Dr. Fayetteville, AR 72701 Sallie Overbey scoverbey(absbcg lobal. net lN� �t 1J'i�2 Ian.r..� .i 6. / -.; RZAI IV-Ile50 <A96 OCiQ- pg ^r-c.a_� q q" hw �.o- :. E�+e.r.o Use Unit Unit 1 City-wide uses by right Unit 2 City -Wide Uses by conditional use permit Unit 3 public protection & utility facilities 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 places Unit 14 Hotel, motel & amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive - in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 24 Home occupations Unit 25 Offices, studios, & related services Unit 26 Multi- Family Dwellings Unit 28 Center for Collecting Recycling Materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 33 Adult liveentertainment club or bar Unit 34 Liquor store Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 38 Mini -Storage Units Unit40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 lCottage Housing Development C-2 Zone UT Zone Allowed Allowed Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Allowed Allowed Allowed Allowed Not Allowed Allowed Not Allowed Allowed Not Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Allowed Conditional Use Permit Conditional Use Permit Conditional Use Permit Not Allowed Allowed Allowed Allowed Not Allowed Allowed Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Not Allowed Allowed Conditional Use Permit Allowed Allowed Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Not Allowed Conditional Use Permit Not Allowed Allowed Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Allowed Allowed C-2 Zone requires building be at least 50 feet or more away from road. Parking lot will be in front of building. UT Zone requires a "build - to zone" that locates the building at the street. Parking lot must go behind building, not in front. \1. � ... / �.�� I� � � \ 1/ � _ p` l ��' -��� � �, � � �.�L � y �� � gam. .,:. � 8 y ,�� ���Y n _.t A �� 'f � � a�'�`� � 'd (,' Y� � i 't7' 'T$ gym; *"�'sgfi'`�� 4ek � cfS �q���y�� it �Y �Y+ � ������ wt-�Yj4m; gi"LS6 k+ e R �.. `^SJ ?� Y 4`s J "ra 4. ......_ /' � ..,_�\ v �� � ��: \\ r � \ � C � � � � � � � . . � � � : � � � � t� - �� � / . - � � � � : ..���§ ���y.������� « W- © ©« m�2 : _: . I \../ .�\�� � A . NE, . . . . . . . . . . . . . . . . . . . . . . . . . . . /.� _, ,,- , yy - �-_. _.., ._.--- - r,, -� �, r �, .. PETITION to Fayetteville City Council in favor of approving requested rezoning for proposed Walmart Neighborhood Market grocery store at Martin Luther King Blvd and Government Street We request that the Fayetteville City Council take all possible actions to expedite, approve, and support the building of a Neighborhood Market in South Fayetteville. We feel strongly that this grocery store will be an asset to South Fayetteville, which is under -served by this type of business now. We like the design proposed by Walmart for this facility (see attached drawing). This store would be used on a regular basis by those of us who live in South Fayetteville and/or those of us whose daily commute passes by this location. The call in service and packaging of groceries for pickup would be a bonus for many who have tight time schedules and busy days. Thank you, City Council members, for hearing our petition. 1. jd erar 0FcL jgxcu lle TZ7(31 4-1b va� -Av,c 3 GV�IQ _Tr' l N2rrin�m� EA kv-Z 4. J C S S ES 6 L 1- U s b r C ZQ ei;7AA RrarnWl 3oy s. C,f�LAe Rd. Fa)Lcf(evr lle, AR 7270f 7 11. 12, 13. 14, 15 16 17 18 19 lam eurlle fl01?11/ ,J-/ RZN I'y c1ff5V V,gb U"rW t'''ton'r'Z X+� J PETITION to Fayetteville City Council in favor of approving requested rezoning for proposed Walmart Neighborhood Market grocery store at Martin Luther King Blvd and Government Street #4nrr s �A CAt� � C cow--/ <a_eG-EN S A°F"r We request that the Fayette i le City Council take all possible actions to expedite, approve, and support the building of a Neighborhood Market in South Fayetteville. We feel strongly that this grocery store will be an asset to South Fayetteville, which is under -served by this type of business now. We like the design proposed by Walmart for this facility (see attached drawing). This store would be used on a regular basis by those of us who live in South Fayetteville and/or those of us whose daily commute passes by this location. The call in service and packaging of groceries for pickup would be a bonus for many who have tight time schedules and busy days. Thank you, City Council members, for hearing our petition. Signature Name Address Zip Code q? yk 7aT_e% �g$�w. w:,idu,oad 2.UP 11JA (,rc2s 7a-7 o 4- 36� �A'JJI r�,ye`►k��ll, R- ti 72-)03 10-7a s. .5(pDktS bA {} 167 4 A^A C L44A ZT- A Wu P-76t - I' !S S. Ta115 rass �a�o l 5 (ylennia NLtn 17a e+fev•i1,4 Ar- io�e 7. �9�oy 8. C�11 nnnm�njb''e! q �1 a C� f�S �e F� tBev,l/< Pik ia%U� 9. NnlA 1A)Qk4 lam- ltesl E E[a!-uT ��"1(71 10. ) 1173 N, 6i e e ve_ Api 7 Z 7�03 11. nu gal Z 5 12 f'�-✓-\� G'11Z-q L � 13. 14.. I�S�� � s Go�m�,`�=, R� . 15. 17 IN Wel A rendering shows what a proposed Walmart Neighborhood Market might look like at Martin Luther King Jr. Boulevard and Government Avenue in south Fayetteville. Source: Walmart UPDATE: This request was left on the second reading at the request of the applicant to allow more time to develop a plan. The Fayetteville City Council will soon decide whether to rezone about 5 acres along Martin Luther King Jr. Boulevard where a Walmart Neighborhood Market is planned. If approved, the new grocery store and fueling station would be built on the northwest corner of King Boulevard and Government Avenue. The property is currently zoned as a mix of C-2 (Thoroughfare Commercial) and 1-1 (Heavy Commercial/Light Industrial). The Hannas are seeking to rezone the entire property to C-2. Aldermen first discussed the rezoning petition on Nov. 6, but tabled the issue at the request of property owners Burt and Thad Hanna. Michael Lindsey, Director of Public Affairs for He said the site will include expanded landscaping; a Walmart, said Tuesday morning that the company is bicycle repair station near the new expanded Frisco committed to making several additions to the property Trail; sidewalk setbacks along King Boulevard; to ensure the development is a good fit in the covered seating areas for public transit users; and a community. public art display. Lindsey also provided a rendering of the proposed development which shows a grocery store with parking in front of the building, along with a multi - pump fueling station near the corner of King Boulevard and Government Avenue. Mai THIS INSTRUMENT PREPARED BY: J. Clio' McKinney, Esq. Quattlebaum, Grooms & Tull PLLC 111 Center Street, Suite 1900 Little Rock, Arkansas 72201 (501)379-1700 a /) 1A Fayetteville (MLK), AR; Store #4516-00 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of the "Property" described on Exhibit 1 Burton Dougan Hanna, Trustee of the Burton Dougan Hanna Revocable Trust, U/D/T June 22, 2003 (hereinafter, "Petitioner), hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, after failure to cure such violation following thirty (30) days prior written notice given by the City of Fayetteville to Petitioner followed by a second ten (10) day notice if such failure to cure is not accomplished during the initial thirty (30) day cure period [provided, the duration of both such cure periods shall be increased as reasonably necessary to permit such cure so long as Petitioner undertakes to cure the violation during the applicable cure period and thereafter continues to diligently pursue such cure], substantial irreparable damage justifying injunctive relief (but not monetary damages) of the specific violation but not an injunction against an otherwise permitted use has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the permitted and conditional uses allowed in District C-2, Thoroughfare Commercial as set forth in Title XV of the Unified Development Code of the City of Fayetteville as of December 1, 2014 (the "UDC"), a copy of pertinent portions of the UDC being attached as Exhibit 2 with the exception of those Use Units identified in Section 2 of this Bill of Assurance. Upon petition to either the City of Fayetteville Planning Commission or City Council by Petitioner, either such body (or its successor) shall have the right to expand such uses. If the UDC is updated by the City of Fayetteville to include additional permitted or conditional uses within District C-2, Thoroughfare Commercial (or a replacement designation), such additional permitted or conditional uses shall automatically be allowed. If the UDC is updated by the City of Fayetteville to exclude permitted or conditional uses within District C-2, Thoroughfare Commercial (or a replacement designation), such newly excluded permitted or conditional uses shall not prohibit any uses then occurring on the Property or otherwise limit Petitioner's right to claim a grandfathered or similar status to continue such uses. 2. Specific activities will not be allowed upon petitioner's property as a primary business activity include the following Use Units as defined in the UDC: Use Units 19, 20, 29, 32, 33, 34 [except that alcoholic beverages may be sold as part of another business, including without limitation a grocery store, convenience store or restaurant], 35 and 38. Notwithstanding the forgoing, the foregoing list does not preclude or prohibit any incidental uses that might otherwise be prohibited. 3. The initial development of the Property shall include a bicycle repair station for customers and a transit station allowing pick-up and drop-off services of mass transit vehicles. Sidewalks constructed on the Property shall be generally constructed in a manner to permit trees to be planted between the sidewalk and street if approved by all appropriate governmental entities, including without limitation the City of Fayetteville and the Arkansas Highway and Transportation Department. 4. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. 5. If the Property is conveyed to Wal-Mart Real Estate Business Trust, a Delaware statutory trust, after such conveyance, all notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: Wal-Mart Real Estate Business Trust (Store #4516-00) 2001 S.E. 10th Street Bentonville, AR 72716 Attention: President With a copy to: Wal-Mart Real Estate Business Trust (Store #4516-00) Attention: Property Management, State of Arkansas 2001 S.E. 10th Street Bentonville, AR 72716-0550 With a cony to: J. Cliff McKinney, Esq. Quattlebaum, Grooms & Tull PLLC l 11 Center Street, Suite 1900 Little Rock, AR 72201 [Signature on the Following Page] IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above Petitioner voluntarily offers all such assurances and sign my name below. BURTON DOUGAN HANNA, TRUSTEE OF THE BURTON DOUGAN HANNA REVOCABLE TRUST, UIT/D JUNE 22, 2003 By::Ak rton ougan Hanna, Trustee STATE OF ARKANSAS ) )ss: ACKNOWLEDGMENT COUNTY OF ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, with and for said County and State, appeared in person the within named Burton Dougan Hanna, to me well known, who stated that he was the Trustee of THE BURTON DOUGAN HANNA REVOCABLE TRUST, U/T/D JUNE 22, 2003, and was duly authorized in that capacity to execute the foregoing instrument for and in the name and on behalf of said trust, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this t `(n day of k)esss2� 201b.L\ Notary Public My Commission Expires: IAl SEAL RHONDA FREEMAN NOTARY PUBLIC . ARKANSAS WASHINGTON COUNTY COMMISSION:# 12367571 0 01 EXHIBIT 1 A tract of land being a part of the Southeast Quarter (SEl/4) of the Southwest Quarter (SW 1/4) of Section 16, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described by metes and bounds as follows: COMMENCING at a found 3/4" steelbar at the Northeast comer of said Quarter, Quarter according to Plat Book 4, Page 97, dated 21, February 1923; Thence along East line of said Quarter, Quarter South 02' 39' 57" West, a distance of 424.27 feet; Thence leaving said East line North 86' 28' 38" West, a distance of 227.07 feet to the West Right -of -Way of S. Government Ave., A.K.A. National Cemetery Road, according to Deed Book Y, Page 315-315 dated 3, February 1875; Thence along said West Right -of -Way South 02' 39' 57" West a distance of 10.09 feet for the POINT of BEGINNING; Thence along said West Right -of -Way South 02° 39' 57" West, a distance of 501.67 feet to the North Right -of -Way of W. Martin Luther King Blvd. according to Arkansas Highway Commission Document No. 93-16505; Thence along said North Right -of -Way the following seven (7) courses: (1) North 86° 17' 47" West a distance of 1.87 feet; (2) South 17" 23' 19" West a distance of 10.30 feet; (3) North 86' 34' 45" West a distance of 160.00 feet; (4) North 83° 43' 00" West a distance of 8.55 feet; (5) North 83' 43' 00" West a distance of 91.58 feet; (6) North 86' 35' 01" West a distance of 164.18 feet; (7) North 86° 35' 0 1 " West a distance of 1.99 feet; Thence leaving said North Right -of -Way North 020 39' 57" East a distance of 406.58 feet to the East Right -of -Way of Arkansas and Missouri Railroad Company and along a non -tangent curve to the left, with a length 146.98 feet, having a radius of 1482.69 feet, through a central angle of 05°40'47", and having a chord which bears North 44° 29' 37" East a distance of 146.92 feet to a non -tangent line; Thence along said line, South 860 28' 38" East a distance of 140.24 feet; Thence leaving said line, South 03° 34' 11" West a distance of 7.93 feet; Thence South 84' 46'12" East a distance of 69.03 feet; Thence South 84° 39' 10" East a distance of 118.31 feet; Thence North 03° 34' 11" East a distance of 3.67 feet; Thence South 86° 25' 49" East a distance of 5.28 feet to the POINT of BEGINNING and containing 216,008 square feet or 4.96 acres, more or less. EXCERPTS OF TITLE XV UNIFIED DEVELOPMENT CODE CHAPTERS 160,161 AND 162 FOLLOW TITLE XV U.NIFIED DEVELOPMENT .CODE CHAPTER 760 `ZONING'DISTRIC, 160.01 ESTABLISHMENT OF DISTRICTS................................................................................................3 160.02 OFFICIAL ZONING MAP.................................................................................................................3 160.03 RULES OF INTERPRETATION OF DISTRICT BOUNDARIES.....................................................4 160.04-160.99 RESERVED..........................................................................................................................4 CD160:1 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 160: ZONING DISTRICTS 160.01 Establishment Of Districts The following zoning districts are hereby established: ZONING DISTRICTS R-A Residential - Agricultural RSF-.5 Residential Single-family - One Has Unit per Acre RSF-1 Residential Single-family -One Unit per Acre RSF-2 Residenttal Sin le-fami -Two Units perAcre RSF-4 Residential Sin le-fami -Four Units per Acre RSF-7 ReSingle-family- Seven Units Par Acre RSF-8 Residential Stn le-famil - Eight Units per Acre RT-12 Residential Two and Three-famil RMF-6 Residential MullFfami -Six Units per Arse RMF-12 Residential Mufti -fame - Twelve Units oar Acre RMF-18 Residential Multi -family - Eighteen Units per Acre RMF-24 Residential Multi -family -Twenty -Four Units per Acre RMF40 Residential Multi-fami - Forty Units PerAcre R-O Residential -Office NS Neighborhood hborhood Services C-1 Neighborhood Commercial CS Coneirrunity Services C-2 Thoroughfare Commercial C-3 Control Business Commercial UT Urban Thorou htare DC Downtown Core MSC Main Street Center DG -Dowmown Gooenam' NC Nei hbarhd Conservation 1-1 Heavy Commercial and Light IndusMal 1.2 General Industrial P-1 Institutional E-1 Extraction DOD Design Overlay District R-PZD Residential Planned Zoning Dlsldct C-PZO Commercial Planned Zoning District I-PZD Industrial Planned Zoning -District (Code 1965, App. A., Art. 5; Ord. No. 1747, 6-29.70; Ord. No. 3115, "-85; Ord. No. 3128, 10-1.85; Code 1991, 4100. §2 (Ex. A). 6-16-98; Ord. No. 4325, 7-3-01 Ord4 30, 10-03-06; Ord. 5312.4-20-10) 160.02 Official Zoning Map (A) Map. The city is hereby divided into zones, or districts, as shown an the official zoning map. which together with all explanatory matter whereon, is hereby adopted by reference and declared to be a part of this chapter. (B) Signature/seal. The official zoning map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Section I. of Ordinance No. of the City of Fayetteville; together with the date of the adoption of the ordinance. (C) Location. The official zoning map shall be located in the office of City Planning. A conformed copy of the official zoning map shall be located in the office of the City Clerk. (D) Changes. (1) Entry on map. If in accordance with the provisions of the state law, changes are made in the district boundaries or other matter portrayed on the official zoning map such changes shall be entered on the official zoning map as promptly as is possible after the amendment has been approved by the City Council, with an entry on the official zoning map as follows: 'Amended to _ by Ordinance No. — ` (2) Effective date. Amendments to this ordinance which involve matters portrayed on the official zoning map shall be effective upon the passage, approval, and publication of the amended ordinance. (3) Changes/unauthorized. No changes of any nature shall be made in the official zoning map or matter shown except in conformity with the procedures set forth in this chapter. (E) Damaged/destroyed. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such corrections shall have the effect of amending the original officialzoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the city under the following words: ?his is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. of the City of Fayetteville.' (F) Preservation. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all CD160:3 Fayetteville Code of Ordinances available records pertaining to its adoption or amendment. 160.04-160.99 Reserved (Code 1966, ADP• A•. An. 1; Ord. No. 1765. 10-19-70; Code 1991, §160.018; Ord. No. 4100, §2, (Ex. A), 6.16-98) Cross referenee(s)-Enforcement. Ch. 153. 160.03 Rules Of Interpretation Of District Boundaries Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply: (A) Center lines. Boundaries indicated as approximately following the center lines of streets highway, or alleys shall be construed to follow such center lines. (B) Platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (C) City limits. Boundaries indicated as approximately following the city limits shall be construed as following such city limits. (D) Railroad lines. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. (E) Bodies of water. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. (F) Extensions. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (E) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scaleof the map. (G) Physical or cultural features. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (A) through (F) above, the Zoning and Development Administrator shall interpret the boundaries. (H) Divided lot/single ownership. Where a district boundary line divides a lot which was in single ownership, the Zoning and Development Administrator may permit the extension of regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot (Code 1965. App. A., Art. 2; Ord. No. 1747. 6.29-70; Code 1991. §160.017. Ord. No. 4100. §2 (Ex. A), 6-16-98) CD160:4 TITLE XV:UNIFIED,DEVELOPME,NT CODE CHAPTER 161 4_G ING' REGUIJITIONS 161.01 APPLICATION OF DISTRICT REGULATIONS...............................................................................3 161.02 ZONING COMPLIANCE AND BUSINESS LICENSE......................................................................3 161.03 DISTRICT R A, RESIDENTIAL-AGRICULTURAL...........................................................................4 161.04 DISTRICT RSF-.5, RESIDENTIAL SINGLE-FAMILY - ONE HALF UNIT PER ACRE...................5 161.05 DISTRICT RSF-1, RESIDENTIAL SINGLE-FAMILY- ONE UNIT PER ACRE ..............................5 161.06 DISTRICT RSF-2, RESIDENTIAL SINGLE-FAMILY - TWO UNITS PER ACRE ...........................6 161.07 DISTRICT RSF-4, RESIDENTIAL SINGLE-FAMILY - FOUR UNITS PER ACRE..........................6 161.08 DISTRICT RSF-7, RESIDENTIAL SINGLE-FAMILY - SEVEN UNITS PER ACRE........................7 161.09 DISTRICT RSF-8, RESIDENTIAL SINGLE-FAMILY - 8 UNITS PER ACRE..................................8 161.10 DISTRICT RT-12, RESIDENTIAL TWO AND THREE FAMILY.......................................................8 161.11 DISTRICT RMF3, RESIDENTIAL MULTI -FAMILY - SIX UNITS PER ACRE................................9 161.12 DISTRICT RMF-12, RESIDENTIAL MULTI -FAMILY -TWELVE UNITS PER ACRE...................10 161.13 DISTRICT RMF48, RESIDENTIAL MULTI -FAMILY - EIGHTEEN UNITS PER ACRE...............11 161.14 DISTRICT RMF-24, RESIDENTIAL MULTI -FAMILY -TWENTY-FOUR UNITS PER ACRE ....... 12 161.15 DISTRICT RMF-40, RESIDENTIAL MULTI -FAMILY - FORTY UNITS PER ACRE.....................13 161.16 NEIGHBORHOOD SERVICES.......................................................................................................14 161.17 DISTRICT R-O, RESIDENTIAL OFFICE........................................................................................15 161.18 DISTRICT C4, NEIGHBORHOOD COMMERCIAL.......................................................................16 161.19 COMMUNITY SERVICES...............................................................................................................16 161.20 DISTRICT C-2, THOROUGHFARE COMMERCIAL......................................................................17 161.21 URBAN THOROUGHFARE............................................................................................................18 161.22 DISTRICT C3, CENTRAL COMMERCIAL....................................................................................19 161.23 DOWNTOWN CORE.......................................................................................................................19 161.24 MAIN STREET/CENTER.................................................................................................................20 161.25 DOWNTOWN GENERAL................................................................................................................21 161.26 NEIGHBORHOOD CONSERVATION.................................................................._........................22 CD161:1 161.27 DISTRICT 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL...............................................22 161.28 DISTRICT 1-2, GENERAL INDUSTRIAL........................................................................................23 161.29 DISTRICT P-1, INSTITUTIONAL....................................................................................................23 161.30 DISTRICT E-1, EXTRACTION........................................................................................................24 161.31 RESERVED.....................................................................................................................................24 161.32 PLANNED ZONING DISTRICT.......................................................................................................24 161.33-161.99 RESERVED..........................................................................................................................26 CD161:2 CHAPTER 161: ZONING REGULATIONS 161.01 Application of District Regulations Minimum regulations/exceptions. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly for each class or kind of structure or land, except as hereinafter provided: (A) General. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district In which it was located. (13) Limitations. No building or other structure shall hereafter be erected or altered: (1) Height/bulk. To exceed the height or bulk; (2) Number of units. To accommodate or house a greater number of units; (3) Lot area. To occupy a greater percentage of lot area; (4) Setbacklopen spaces. To have narrower or smaller rear setbacks, front setbacks, side setbacks, or other open spaces than herein required; or (5) Other. In any other manner contrary to the provisions of this chapter. (C) Independent compliance. No part of a setback, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space, or off-street parking or loading. space similarly required for any other building. (D) Effective date. No setback or lot existing on June 29, 1970, shall be reduced In dimension or area below the minimum requirements set forth herein. Setbacks or lots created after June 29, 1970, shall meet at least the minimum requirements established by this chapter. (E) Annexation. All territory which may hereafter be annexed to the city shall be considered to be in District A-1 until the territory is rezoned as provided herein. (F) Measuring setbacks. (1) Front. Measured from the street right-of- way, or street right-of-way setback as required by the Master Street Plan. (2) Side. Measured from the side property line. (3) Rear. Measured from the rear property line. (4) Comer. A comer lot has two fronts and two sides. (G) Conditional Uses. These uses are permissible if approved by the Planning Commission. See Chapter 163, Use Conditions. (H) Authorized construction/use. Permits issued on the basis of plans and applications approved by the Zoning and Development Administrator or Planning Commission authorize only the use, arrangements, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. (Code 1965, App. A., Art. 3; Ord. No. 1747. 6-29.70; Code 1991, §160.016; Ord. No. 4100, §2 (Ex. A), 6-1"8; Ord. 6425.8-2-11) 161.02 Zoning Compliance And Business License (A) Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure unfit a business license has been issued by the Zoning and Development Administmtorstating that the proposed use of the building or land conforms to the requirements of this chapter. (8) Conforming uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C) Nonconforming uses. CD161:3 (1) Uses within the following use unit categories established prior to September 7, 2010 and operating In a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a dry business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12 Limited business 13 Eating laces 15 Nei hbofiood shopping oods 24 Home occupation 25 1 Offices studios and related services (2) Uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance. Including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping oods 17 Transportation trades and services 18 Gasoline service stations & drive in/drive through restaurants 19 Commercial recreation, small sites 20 Commercial recreation, large sites 21 1 Warehousino and wholesale 22 Manufacturin 23 Heavy industrial 27 Wholesale bulk petroleum storage facilities with underground tanks 28 Center for collecting recyclable materials 29 Dance halls 30 Extractive uses 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 34 Liquor stores 35 Outdoor music establishments 36 Wireless communications facilities 38 Mini -storage units 39 Auto salvage and junk yards 40 Sidewalk cafes 42 Clean technologies 43 1 Animal boarding and training (3) Businesses operating in a zoning district that does not allow the use and that can not provide proof of their establishment in accordance with the criteria above are declared to be incompatible with permitted uses and shall not hereafter continue except in conformity with the regulations of the district in which it is located. These businesses shall not be eligible to obtain a city business license until or unless they are brought Into compliance with the zoning district regulations. (Code 1965, App. A, Art 9(3), (5); Ord. No. 1747, 6-29-70; Code 1991, §§160.192, 160.194; Ord. No. 4100. §2.(Fx A). 6-16-96; Ord. 5425.E-2-11) Cross reference(s)-Enforcement, Ch. 153. AqFiGultural ***PAGES SKIPPED TO 161.20*** COMA TITLE XV UNIFIED DEVELOPMENT CODE l©) Of rear, 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. (8) Uses. (1) Permitted uses. Unit 1 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eatin laces Unit 14 Hotel motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive4n/drive throw 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 dub or bar Unit 34 Li uor store Unft 44 Cotta a Housing Development (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit36 Wireless communications facilities Unit 3a IMinl-storage units Unit 40 I Sidewalk Cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and area regulalions. None. (E) Setback regulations. LFront 15 ft. WM 664. ing is allowed 50 ft. Fight -of -way and y None CD161:17 Side, when contiguous to 15 ft. a residential district Rear 120 ft. (F) Building height regulations. Buildin Hei ht Maximum 175 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 IoL (Code 1965, App. A.. Ad. 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-t18; Ord. 5312, 4-20-10; Ord. 5339, 8-3.10; 5353, 9-7-10; Ord. 5462. 12-6-11: Ord. 6592, 6-18-13: Ord. 5664.2-18.14) Single family dwellefla 4$4eet Neae Nee-r9siden8al I Nana CD161:18 er rear-, 162.01 ESTABLISHMENT/LISTING 162.02 INTERPRETATION........................................................................................................................12 162.03 CONDITIONS OF USE.................................................................................................................. 12 162.04 ENCLOSURE OF USES ................. 162.05-162.99 RESERVED CD162:1 12 12 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 162: USE UNITS 162.01 Establishment(Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. The asterisk (•) next to a specific use indicates that the use has special conditions as required by Chapter 163, Use Conditions and Chapter 164 Supplemental Regulations. Unit 1 City-wide uses by right Unit 2 ide uses by conditional use permit Unit 3 Public protection and utility facilttles Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit Aarlculture Unit 7 Animal husbandry Unit Single-family dwellings Unit Two4amily dwellings Unit 10 Three-family dwellings Unit 11 Manufactured home park Unit 12 United business Unit 13 Eating laces Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping oods Unit 116 Shopping oods Unit 17 Transportation Trades and services Unit 16 Gasoline service stations and drive4n(drive through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy Industrial Unit 24 Home oocupalion Unit 25 Offices, studios. and related services Unit 26 multi -family dwellings Unit 27 Wholesale bulk petroleum storage facilities with undo round storage tanks Unit 28 Center for collecting dable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Un1132 Sexually oriented business Unit 33 Adult live entertainment chub or bar Unit 34 LI uor stores Unit 35 Outdoor musto establishments Unit 36 Wireless ci mmunleations facilities Manufactured homes Mint-sloraa units Auto salve a and unk ands Sidewalk Cafes LN338 Access dwellin s Clean technol ies Animal boardin and traininCottage HousinDevelopment (A) Unit 1. City-wide uses by right (1) Description. Unit 1 consists of public uses, essential services, agricultural uses, open land uses, and similar uses which are subject to other public controls or which do not have signfican0y adverse effects on other permitted uses and are, therefore, permitted as uses of right in all districts. (2) Included uses. Public facilities of the types embraced within the recommendations of the Comprehensive Land Use Plan. Agricultural, forestry, and -Field omp farms fishery: Fishery -Forest -Fruit, tree, and vegetable farm Essential services located In •Fite alarm box public right-of-way: •Fire hydrant -Passenger stop for bus -Police alarm box -Sidewalk -Street, highway, and other thoroughfare -Street signs, traffic signs, and signals -Utility mainline, local transformer and station, and similar facilities customarily located In oublic right-of-way Recreation and related use: -Arboretum -Historical marker -Park area -Parkway •Wildlife Preserve Water facilities: -Reservoir, open -Watershed -Conservation or flood control Dialect (B) Unit 2. City-wide uses by conditional use permit. CD162:3 (1) Description. Unit 2 consists of uses which may be conducted anywhere in the territorial jurisdiction, but which can be objectionable to nearby uses and are therefore permitted subject to conditional use permits in all districts. (2) Included uses -Bed ant breakfast faclihiese -Campground - Community Recycling Dmkff Facility -Plant nursery -RV sewage disposal facility -Solid waste disposal facility Fayetteville Code of Ordinances revival' •Commercial facilities -Real estate sales office (located at a specific location in an underdeveloped subdivision and operated for the purpose of developing said (C) Unit 3. Public protection and utility facilities. (1) Description. Unit 3 consists primarily of public protection and utility equipment which: (a) Is ordinarily not located in the street right-of-way and can be significantly objectionable to nearby residential, commercial, and light industrial uses; (b) Have requirements for specific locations or are needed to serve residential neighborhood or local areas; and (c) Are, therefore, permitted only on review. (2) Included uses. Fadllties of Public Service -Electric regulating station Corporations: •Pressure control station .Transmission station for tower, radio, telegraph, telephone, television Other uglify and protective -Airway beawn facilities: -Public utility maintenance building, warehouse, or storage building -Water pipeline rights -of - way. sewer or water treatment plant, water storage facility Railroad rightsof-way Communications and utility transmission One rightsof- wa (D) Unit 4. Cultural and recreational facilities. (1) Description. Unit 4 consists of cultural and recreational uses to serve the residents of the community. (2) Included uses. Auditorium stadium Art gallery, museum Cemetery Child care center, nursery school ` Church College or university Community center Crematorium Dormitory Eldercare Hospital Mausoleum Playfield, playground Private club or lod e School: -Elementary -Junior High -Senior High Swimming pool Tennis court Theater le ilfmate Cross-references)—Paddng and Loading, Ch. 172. (E) Unit 5. Government facilities. (1) Description. Unit 5 consists of the main facilities of government agencies. (2) included uses. City or county jail Courts of law Fire station Governmental agencies and offices UbraFy Police station Post office Detention Home (F) Unit 6. Agriculture. (1) Description. Unit 6 consists of agricultural uses and services and certain other uses suitable for location near, but not in, a residential district. (2) Included uses. Agricultural uses and services: Farm: •Egg •Truck Services: -Hay bating -Smoking, wring and selling of smoked or cured poultry and livestock •Sorting, packing and selling of fruits, vegetables and flowers -Threshing (G) Unit 7. Animal husbandry. CD162:4 (1) Description. Unit 7 consists of livestock raising and related activities which are ordinarily objectionable to other uses and TITLEXV. UNIFIED DEVELOPMENT CODE require, therefore, a buffer strip when abutting a C or R District. Cross references) -Use Conditions, Ch. 153; Manufactured homes and Manufactured home Parks, Ch. (2) Included uses. 175. Animal farms for show, breeding, and training Farms with livestock Livestock services: -Animal hospitals -Shipping of livestock -Training of hones -Veterinarian's treatment areas Recreational uses: -Guest ranch -Riding stable' -Rifle range -Rodeo gTound (L) Unit 12. Limited business. (1) Des;Wpfion. Unit 12 consists of small-scale establishments offering commercial goods and services that are accessible for the convenience of individuals Irving in residential districts, while compatible in size, scale and appearance with the surrounding neighborhood. These uses shall be subject to the regulations in Chapter 164. All uses classified under Unit 12 must be within a building containing 3.000 square feet or less. (H) Unit 8. Single-family dwellings. (2) Included uses. (1) Description. Unit 8 is provided in order that single-family dwellings may be located in appropriate residential areas. (2) Included uses. (I) Unit 9. Two-family dwellings. (1) Description. Unit 9 is provided in order that two family attached dwellings may be . located in appropriate residential areas. (2) Included uses. 11 Du lexes Townhouse dwellin s, no more than two attached units 11 Two-family dwellings (J) Unit 10. Thrae-familydwelllngs. (1) Description. Unit 10 is provided in order that three-family attached dwellings may be located in appropriate residential areas. (2) Included use. Townhouse develo ment no more than three attached units 11 Three4amfly dwellings 11 Tri-plexes (K) Unit 11. Manufactured home park. (1) Description. Unit 11 consists of a separate use of manufactured home parks in order that they may be located in appropriate residential areas. (2) Included uses. 11 Manufactured home park* Personal Services: (Maximum gross floor area of 1600 square feet) -Day care -Dry Cleaning •SalonlBarber shop -Tailoring Specialized Retail: -Antique/home decor (Maximum gross floor sales area of 2000 square -Apparel feet) •AiVarchitectural supplies -Bakery, Pastry shops - -Bicycle Shops -Book store -Coffee shop -Delicatessen -Drugstore -Food specialty stores -Florist -Grocery 'Hardware -Health food store -Hobby /Craft Stores -Ice cream -Meat Market •Restaurant/pfA -Small appliance repair -Stationary Store -Toy store -Video rental Professional Offices: -Accountant (Maximum gross floor -Architect area of 300 i square -Attorney feet) -Broker •Business/Mgmt Consultant -Doctor -Dental -Engineer -insurance Sales -Interior Designer -Optometrist -Realtor •Welfare a enc CD162:5 Fayetteville Code of Ordinances Studios for: -Art (Maximum gross Floor -Dance area of 3000 square -Music feet) -Photography -Pottery (M) Unit 13. Eating places. (1) Description. Unit 13 is established that eating places, excluding drive-ins and those that provide dancing and entertainment, can be located as needed without necessarily introducing other commercial uses. (2) Included uses. Eating places, other than driveans, which do not provide dancing or entertainment _ 11 Restaurants 11 Caws (N) Unit 14. Hotel, motel, and amusement facilities. (1) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included uses. Hotel ffl—lb-111do lod e Motel Motion idure theater NI hl dub, not rovidin tla=ing or outdoor music Tavern, not providing dancing or outdoor music (0) Unit 15. Neighborhood shopping goods (1) Description. Unit 15 includes a variety of frequently purchased commercial goods, where convenience of location is more important than comparative shopping. These uses are grouped In limited areas while prohibiting. all others not necessary near the residential districts.' All uses classified under Use Unit 15 must be within a building containing 25,000 square feet or less. (2) Included uses. -Dry cleaning -Laundry facility accessory •Bakery, pastry shops -Bicycle shop - -Bookstores -Delicatessen -Drugstore -Electronics -Florists -Food specialty stores -Furniture and Home Decor -Grocery -Hardware store -Health food store -Hobby/craft shop -Ice cream -Jewelry/watch sales and repair West market -Music instruments -News and magazine stand -Optical goods -Petshop -Photography Studio -Picture framing -Shoe store -Sporting goods -Stationary store -Toy store -Video rental Vehicular Sales (interior -Automobile display only) -ATV/Motorcycle -Boat/Personal Watercraft PWC (P) Unit la. Shopping goods. (1) Description. Unit 16 consists of stores selling retail goods which are ordinarily purchased less frequently and often have a city-wide or regional market. (2) Included uses IFN—EIGHBORHOOD ALL USES WITHIN UNIT SHOPPING GOODS (16 ARE ALSO UNIT PERMITTED RPATRIrTIONWITHO IN I) General Merchandise: -Department store -Mail order Merchandise vending -Sales and repair machine operations Home/Office: -Appliances •China, glassware -Draperies, curtains -Floor coverings Fumhure Personal services: -Animal daycare -Animal hospital -Auctioneer -Bindery -Body piercing -Costume rental service CD162:6 TITLE XV. UNIFIED DEVELOPMENT CODE -Detective service -Electrical repair service -Furniture repair, refinishing -Gunsmith -interior decorating -Linen supply and industrial laundry -Locksmith -Office supplies -Rug cleaning, repair -Sign painting -Tattoo and piercing -Taxidermist -Tool sharpening, repair -Watch and jewelry repair -Weight loss center Retail • Apparel and accessory -Auto accessory store -Boat and accessory store -Dry goods -Garden su ply (Q) Unit 17. Transportation trades and services. (1) Description. Unit 17 consists of establishments engaged primarily in providing vehicular sales, service and maintenance, and similar services which fulfill recurrent needs of residents of nearby areas, but are generally Incompatible with primary retail districts because they break the continuity of retail frontage. Uses also include those that require transport of persons or materials on a regular basis. 'Express service Helistop -Railway terminal •Taxicab station (R) Unit 18. Gasoline service stations and drive- in/drive through restaurants (1) Description. Gasoline service stations and drive-in restaurants can be significantly objectionable to nearby uses, so, therefore, have been allowed only in districts where necessary to provide this use. (2) Included uses. Gasoline service station Self-servcee auto wash Qn conjunction with a gasoline 11 service station Drive-in /tlrive throw h restaurant (S) Unit 19. Commercial recreation, small sites. (1) Descrodon. Unit 19 consists of commercial amusements which ordinarily do not require large sites and often seek location in or near developed commercial areas. (2) Included uses. Billiard and pool parlor Bowfin alley Slot car track Skating dnk Video arcade Indoor theater _. (2) Included uses. Cross reference(s)-Parking and Loading, Ch. 172. RETAIL TRADE -AUTOMOTIVE SALES, ESTABLISHMENTS, -BODY GENERAL: SHOPSIGARAGES -FARM SUPPLIES AND'. EQUIPMENTAND REPAIR -LAWN EQUIPMENT SALES, REPAIR -MARINE CRAFT SALES, REPAIR -MOTORCYCLE SALES, REPAIR -TRUCK SALES -TRAILER, CAMPING, HAULING, TRAVEL, SALES -USED CAR LOTS Personal help: -Auto wash -Motor repair -Packing and satin Transportation service: -Bus station -Car rental (T) Unit 20. Commercial recreation, large sites (1) Desciplion. Unit 20 consists of commercial recreation facilities which are usually conducted out-of-doors, on large sites, and in undeveloped, outlying parts of the city. Uses in this unit have an adverse effect on certain other uses, in that they are often noisy and are large traffic generators. (2) Included uses. Amusement park Drag strip Drive-in theater Fairgrounds Fishing dock Go-cart track Golf range, golf course Miniature 901f Race track Zoo CD162:7 Fayetteville Code of Ordinances (U) Unit 21. Warehousing and wholesale. (1) Description. Unit 21 includes warehousing, wholesaling and trucking of the type which is usually located to serve the central business district and is easily serviced by rail and highway transportation. (2) Included uses. Building material •AircondWoning establishments: -Building materials -Electrical supply -Glass -Heating equipment -Lumber -Paint -Plumbing supplies -Wallpaper Fuel establishments: -Bottled gas -Fuel dealer -Fuel oil Monument, including processing Service establishments: -Disinfecting and Building service exterminating service -Janitorial service -Window clearrina service Service establishments: •Airconditioning Contract construction -Building construction service -Carpentry -Cesspool cleaning -Concrete -Decorating -Electrical -Furnace cleaning -Healing -Heavy construction -Housing for caretakers -impound Yard -Masonry •011 well drilling -Painting -Paper Hanging -Plastering -Plumbing -Roofing -Sheet metal -Stonework -Tile setting •Towing Business •Water well drillina Trucking establishments Vending machines Warehouses Wholesale establishments (V) Unit22. Manufacturing. (1) Description. Unit 22 consists of industrial uses which usually generate some adverse environmental effects and for this reason they should be located away from uses which do not produce adverse effects. (2) Included uses. Fabricated metal products: -Cutlery engraving -Fire control equipment -Guns and related equipment -Machinery -Tanks •Transportation equipment including body shops Fabricated structural -Air conditioning and cooling products: apparatus -Fabricated wire products -Fire control equipment -Hardware products -Heating apparatus -Metal can Miscellaneous -Athletic gootls manufacturing: -Amusements -Musical instruments -Plated ware -Sgverware -Sporting goods *Toys -Textile products •Housing for caretakers (W) Unit 23. Heavy industrial. (1) Description. Unit 23 consists of uses which cause the greatest adverse environmental effects because of odor, noise, unsightliness, air pollution and explosions. (2) Included uses. Manufacturing uses: -Fabricated metal products -Primary metal industries -Textile mill products Processing and sales: -Scrap metal -Refuse Repair service -Tirecapping Wrecking and demolition services Apparel products, -industrial leather belting Clay products Food and allied products Furniture and allied products Glass products Lumber and wood products: •Millware products -Plywood products -Prefabricated structural wood -Veneer products -Wooden container Paper and allied products, -PapeHoard containers Petroleum and related -coal yard Industries: -Lubricating oils and Areases Prima metal Indus •Found Stone products Housino for caretakers (X) Unit 24. Home occupation. CD162:8 (1) Description. Unit 24 consists of businesses for which financial compensation is received, conducted on a residential property, and TITLE XV. UNIFIED DEVELOPMENT CODE which generates motor vehicle traffic to the residential property. Only those residing on the property may be employed by the home occupation. (2) Included uses. Home child care, no more than sir children Instructional services: Art Crafts Dance Music Tutoring Professional services: Architects Insurance agents Lawyers Real estate agents Accountants Editors Publishers Graphic designers Travel a ents Repair services: Clocks and watches Computers Electronic deviees Lawnmowers Small appliances Small engines Sales of home Produce produced agriculture Eggs products: Haney or beeswax products Jams or)elltes Milk and milk products Other products that may be home grown or home made on this ro en (Y) Unit 25. Offices, studios and related services. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) included uses. Medical Clinic: • Dental officelclinic • Medical office/clinic; Professional • Accountant office: • Architect • Attorney • Broker • Engineer • Reattor Sale of • Architecture, drafting, and art supplies and supplies equipment • Office furnishings and supplies • Medical, optical, and dental supplies • Scientific instruments Services: • Advertising agency • Animal daycare (10 animals or less • Auto parking garage • Bail bonding agency • Business or management consultant • Computing service • Consultant • Data processing service • Drafting service • Employment agency • Financial institution • Funeral home • Insurance sales • Interior decorator • Photocopying or printing • Social and welfare agencies • Travel agency • Veterinary small animal out- • Photography studio • Studio for teaching any of the fine (Z) Unit26. Mulfi-familydwellings. (1) Description. Unit 26 is provided in order that multi -family dwellings and more than three attached units may be located in appropriate residential areas. (2) Included areas. Apartments Convalescent home Dormitory FratemitylSomrity houses Mufti-familyattached dwellings Roominillboarding house Townhouse, more than three attached units (AA) Unit 27. Wholesale bulk petroleum storage facilities with underground storage tanks. (1) Description. Unit 27 is provided in order that wholesale bulk petroleum storage facilities with underground storage tanks may be located in the appropriate industrial areas. (2) Included uses. Wholesale hulk petroleum storage facilities with underground stare a tanks (68) Unit 28. Center for collecting recyclable materials. C0162:9 (1) Description. Unit 28 is provided in order that centers for collecting recyclable material may be located in appropriate commercial and industrial areas. (2) Included uses. Fayetteville Code of Ordinances 11 Center for cellectio r deble materials (CC) Unit 29. Dance halls. - (1) Description. Unit 29 is provided in order that establishments that provide areas for dancing may be located in an appropriate environment and as not to negatively impact adjacent properties. (2) Included uses. Barsoroviding area for dancing 11 Dance halls Restaurants pMViding area for dandn Taverns providing area for dancing (DD) Unit 30. Extractive uses. (1) Description. Unit 30 consists of extractive uses which generate substantial nuisances and adverse environmental effects. (2) Included uses. Mining: -Coal and ores -Clay, sand and silt. -Rock and gravel -Other minerals. -Petroleum extraction -Natural nas extraction Other. -Rock crushing -Sorting and washing or each products (EE) Unit 31. Facilities emitting odors and facilities handling explosives. (1) Description. Unit 31 consists of facilities which are heavy industrial in nature, but which have the potential to have adverse effects such as odor or the potential for explosions (2) Included uses. Manufacturing Chemical and Uses: allied croducts Food and kindred -Animal fats and products: oils rendering -Beverages distilling -Meat slaughter- ing and pack- aging a in perand allied roducts . Rubberand Iastic products Processing and Explosives sales: Wholesale and Livestock warehousin : stockyards Explosive materials Apparelproducts: Leather tanning I Chemical and Any process likely allied products: to emit odor or have the potential for emlosion Paper and allied Building paper •Paper products: and board Petroleum and Bulk station and related industries: terminal Rubber and Inner tubes miscellaneous Tires Iastic roducts: (FF) Unit 32. Sexually oriented business. (1) Description. Unit 32 consists of adult _ arcades, adult bookstores or adult video stores, adult cabarets, adult motion picture theaters, or adult theaters whose inventory, merchandise or performances are characterized by a preponderance of 'specified sexual activities- or 'specified anatomical areas' all as more fully set forth in Ordinance No. 4024, §123.26, as may be amended from time to time. (2) Included uses Adult arcade Adult bookstore Adult video stores Adullcabarets Adult motion picture theaters ' Adult theaters (GG) Unit 33. Adult live entertainment club or bar. (1) Description. Unit 33 includes fired places of business selling or dispensing alcoholic beverages including private dubs which emphasize and seek through one or more dancers to arouse or excite the patron's sexual desires. (2) Included uses Semi-nude club or bar Exotic dance dub or bar Go -Go dance club or bar S ' dub or bar Gentlemen's dub or bar (HH) Unit 34. Liquor Stores.' CD162:10 (1) Description. Unit 34 includes fixed places of business licensed by the Arkansas Alcoholic Beverage Control Board to sell alcoholic beverages for off -premise consumption. (2) Included uses. TITLE XV. UNIFIED DEVELOPMENT CODE 11 U uor Stores (11) Unit 35. Outdoor music establishments. (1) Description. Unit 35 includes any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses. (2) Included uses. 11 Outdoor music establishments (JJ) Unit 36. tireless Telecommunications Facilities. (1) Description. A land use facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. (2) Included uses. Wireless Antennas telecommunications facilities Accessory buildings Accessory development Cellulartowers Home Microwave dishes Monopoles (KK) Unit 37. Manufactured Homes. (1) Description. Unit 37 is provided in order that manufactured homes may be located in appropriate residential areas. (2) Included uses. irim—anufactured homes (LL) Unit 38 Mini -storage units (MM) Unit 39 Auto salvage andjunk yards (NN) Unit 40. Sidewalk Cafes. (1) Description. Unit 40 is provided in order that sidewalk cafes may be located in appropriate commercial areas. (2) Included uses. Sidewalk Cafes 11 (00) Unit 41 Accessory Dwelling Units (1) Description. Unit 41 includes accessory dwelling units. (2) Included uses. AccessDry Dwelling Units (PP) Unit 42 Clean Technologies (1) Description. Unit 42 consists of uses that fabricate or produce goods and services that greatly reduce or eliminate negative environmental impacts, create new technologies or improve the productive and responsible use of natural resources. Alternative Energy Fabrication and Storage Components: -Wind -Solar -Fuel cells -Batteries rid systems Fabrication or -Nano Technologies Production of -Solar panels Materials: -Computer components, such as microchips -Advanced Packaging Research and -Monitoring and control Development systems -Energy infrastructure management -Energy efficiency management -Materials and recycling management -Transportation logistics -Environmental cleanup and safety -Scientific or high tech research laboratories (00) Unit 43. Animal Boarding and Training. CD162:11 (1) Description. Unit 43 consists of services such as animal boarding, training, kennels, outdoor animal daycare and related activities which have outdoor space for animal exercise and other activities and may therefore result in noise and aesthetic impacts and may pose compatibility issues when adjacent to commercial or residential uses without adequate buffers in place. (2) Included uses. Animal boarding Animal training Kennels Outdoor animal daycare Outdoor dog runs Other outdoor animal activ. Fayetteville Code of Ordinances (RR) Unit 44. Cottage Housing Development. (1) Desoriptlon. Unit 44 is provided in order that cottage housing developments are permitted by right in mutti-family zoning districts and by Conditional Use Permtt in single family zoning districts. (2) Included uses. Cottage Housing Developments (Code 1965, App. A, Art. 6 (A), (F); Ord. No. 329, f0-1$5; Ord. No. 3165, 2-4-86; Ord. No. 3341. 3-1558; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91: Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870. §1 (Ex. A), 2-21-95; Ord. No. 3909. §1, 7.18-95; Ord. No. 3971, §§3, 4, 6-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, %1, 2, 4-15.97; Ord. No. 4100, §2 (Ex. A), 6.16- 98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 35-02; Ord. No. 4423, §1 (Ex. A), 10-02-02. Ord. 4728, 7-19-05; Ord. 4913, &15.06; Ord. No. 4919, 09-05-06; Ord. 4930,10-03-06; Ord. 4946, 11-21.06; Ord. 5028, 649-07; Ord. 6128, 4-15-08; Ord. 5203, 12-2-08; Ord. 5195. 115-08; Ord. 5226, 3-3-09; Ord. 6238. 55-09; Ord. 5312, 4-20.10; Ord. 5312, 4-20-10; Ord. 5338, 83-10; Ord, 5339. 83-10; Ord. 5352, 9-740; Ord. 5462, 125-11, Ord. 5668.3.18-14) Cross references) -Use Condions, Ch. 163; Supplementary District Regulations, Ch. 164. 162.02 Interpretation (A) In each use unit division, permitted uses are set forth in the division entitled "Included uses." In the event of a conflict between such divisions and the "description' divisions, the former shall prevail. (B) In any case where there is a question as to whether or not a particular use is included in a particular use unit, the Zoning and Development Administrator shall decide. A use shall not be interpreted as being in any use unit if it is specifically listed in another unit in this chapter. (Code 1965, App. A., Art 6(8); Ord. No. 1747, 6-29-70; Ord. No. 2181, 15-76; Code 1991, §160.066; Ord. No. 4100, §2 (Ex. A), 6-16-98) 162.03 Conditions Of Use (A) A use shall be subject to the provisions of the district in which the use is permitted. Certain uses shall be subject to additional conditions set forth separately herein. Reference will be made in the chapter'to conditions applicable to a particular use In the unit where the use is listed. (B) Uses which are permitted both as principal and accessory uses shall be subject to the conditions set forth for the use as a principal use. (Code 1965, App. A., Art 6 (C); Ord. No. 1747. 6-29-70: Code 1991, §160.057; Ord. No. 4034, §6, 4-14-97; Ord. No. 4100, §2 (Ex. A) 6-16-98) 162.04 Enclosure Of Uses Where so specified in a use unit listing, a use shall be operated only within a fully enclosed structure. The excepting of certain districts from this requirement with respect to certain uses does not indicate that such uses are necessarily permitted in such districts. In districts where enclosure of use is required, accessory off-street parking and loading shall be exempted from this enclosure requirement. (Code 1965, App. A., Art. 6 (E); Ord. No. 1747. 6-29-70; Code 1991, §160.059; Ord. No. 4100, §2 (Ex. A), 6-16-98) 162.05462.99 Reserved CD162:12 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWEST ARKANSAS SPRINGDROGALE THE MORNINGMORNING N�SPAPERSLLC NEWS STIMES NORTHWEST ARKANSpS TIMES HNORTH ES ARKANSAS BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 727021479,442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5727 Was inserted in the Regular Editions on: December 24, 2014 Publication Charges: $ 136.50 0Vk_"&d'4& Cathy Wiles Subscribed and sworn to before me This,3A day ofc%A+, 2016— Notary Public My Commission Expires: LIBEIN,SO i i TARY '..Nz 0 2 '• EXPIRE ,y9: *NOTE* Please ,, Gfo2;31•.2q..� ?'\,c Please do not payr9fthl l IIQtI�� Invoice will be sent. Ie JAN 0 6 205 (CITY OF FAYETTEV ;CITY cI FRK.S �LW `,drORDINANCENOZ7273. ChTY.OF AN-`"`ORDiNANCE RE26NINTHAT: f PROPERTY DESCRIBED IN REZONING > PETITION,` `. RZN-_ 14 4650, FO,� APPROXIMATELY 4:96 ACRES, .LOCATED , ALONG THE NORTH SIDE OF MARTIN5 R'K"A N: S LUTHER KING BOULEVARD BETWEEN - GOVERNtv,ENT AND HILL AVENUES, FROM IE1„ HEAVY COMMERCtAU LIGHT INDUSTRIAL; TO C-2, THOROUGHFARE`COMMERCIAL SUBJECT TO A PROFFERED$ILL OF ASSURANCE— TO - BE IT ORDAINED BY THECITY COUNCIL OF'THE CITY OF FAYETTEVILLE, ARKANSAS., a ' qA111, That the Clty Council of the City of Fayetteville,'Arkanses DerebY changes the zone claesificetion of the follovnng' described prcPerty from I-1; HEAVY COMMERDIALILIGHT- INDUSTRIAL, „to G2,.THOR00GHF,ARE COMMEROIAL, as shown on Exhibits "A" and "B".. attached hereto and.made ZIA hereof. .. , ' Sacticn 2. That-thabdy Council"of the City of Fayel[ewlle,'Atkahsas-heresy acceptsthe;ProfferedBill, Assurapcefrom the applican anp,repesuPoRthJs: Bill of Assufanoe in: making this rezoning decision. The Bill of Assyrence will ,beched in' ', ibfl Cto thfe ordinance �ecGon 3: That t}ie:Ciry Council of the City of Fayetteville; Arkaafim here6Y amends the official zoning map of the City of Fayettewlte to reflect the zoning' dienge providegm Section 1. `RASSED and APPROVEOthis t6th day of,Dscember, 2014. `APPROVED:' . ATTEST: By. By. LIONELD JORDAN, Mayor ' SONDRA E. SMITH, City clerk/freasw Exhibits forfNs ordinance may be viewed in the office of the City ClerWTreasuref.