HomeMy WebLinkAboutOrdinance 5350 llu�i��lliiilillliliililliiillllliiiilfilllliillllllllllllllllll
Doe ID: 013696310003 Type: REL
Kind: ORDINANCE
Recorded: 10/14/2010 at 02:21:19 PM
Fee Amt: $25.00 Paqe 1 of 3
Nashlnaton County. AR
Bette Stamps Circuit Clerk
F1192010-00030352
ORDINANCE NO.5350
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 10-3626, FOR APPROXIMATELY 1.2 ACRES, LOCATED AT THE
NORTHWEST CORNER OF HWY 45 EAST AND BOX AVENUE FROM R-O,
RESIDENTIAL OFFICE, TO CS,COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the zone classification of the following described property is hereby changed as
follows:
From R-O, Residential Office,to CS, Community Services, as shown on
Exhibits"A"and`B"attached hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended
to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 7a day of September,2010.
APPROVED: ATTEST:
- c
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By: By: 1
IO LD JO ,Mayor SONDRA E. SMITH,City Clerk/Treasurer
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I certiry this instrument was filed on
10114/2010 02:21 :19PM
and recorded in Real Estate
File Number 2010-0003035
Bette Stamps - Circui I
EXHIBIT "A"
RZN10-3626 NW CORNER HWY 45/BOX AVE
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Design Overlay Di trict
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----- Planning Area
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Fayetteville Fast
EXHIBIT "B"
RZN 10-3626
SURVEY DESCRIPTION - ADJUSTED TRACT A
PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSHIP 16
NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN, CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BRADEN ADDITION RECORDED
AS FILE 44-239 IN THE CIRCUIT CLERKS OFFICE OF WASHINGTON COUNTY, ARKANSAS
BEING A FOUND 5/81 1 REBAR; THENCE S02°33581;W, ALONG THE WEST RIGHT-OF-WAY
LINE OF BOX AVENUE, A DISTANCE OF 116.00 FEET TO A SET 5/8f ] REBAR W/CAP(PS 1496)
BEING THE TRUE POINT OF BEGINNING; THENCE S02°33'58"W, CONTINUING ALONG THE
WEST RIGHT-OF-WAY LINE OF BOX AVENUE, A DISTANCE OF 193.66 FEET TO A SET 5/81':
REBAR W/CAP (PS 1496)ON THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS HIGHWAY
45;THENCE S29°12'54"W, ALONG THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A
DISTANCE OF 21.81 FEET TO A SET 5/8❑ REBAR W/CAP(PS 1496);THENCE S88°29'41"W,
CONTINUING ALONG THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
204.97 FEET TO A SET 5/8 REBAR W/CAP(PS 1496);THENCE N62°5257 W, CONTINUING
ALONG THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 27.65 FEET'I"O A
SET 5/8i REBAR W/CAP (PS 1496); THENCE NO2°33'58"E, LEAVING THE ABOVE SAID NORTH
RIGHT-OF-WAY LINE, A DISTANCE OF 215.95 FEET; THENCE S87°29'50"E, A DISTANCE OF
239.39 FEET TO THE POINT OF BEGINNING AND CONTAINING 52,607 SQUARE FEET OR 1.21
ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS,
RESTRICTIONS, AND/OR RIGHTS-OF-WAY OF RECORD OR PRESCRIPTION.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/7/2010
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 10-3626: (Mathias Shopping Centers, 372): Submitted by H2 Engineering, Incorporated for property located at
the northwest corner of Hwy 45 E and Box Avenue. The property is zoned R-O, Residential Office and contains
approximately 1.20 acres. The request is to rezone the subject property to CS, Community Services.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
,10111r r D'0• •wo Previous Ordinance or Resolution#
Department Dir&—r Date
;' Original Contract Date.
�
�I -"— ` " � �� ' etc Original Contract Number:
City Attorney Date
p
Fin ce and Internal Services Director Date Received in City 08-16-1 0 P 04 : 35 PCV D
Clerk's Office
hie of rS Date ENTEHE�
Received in �,17,�Q
Mayor's Office
17
Date
Comments:
Revised January 15, 2009
a etK94le THE CITY OF FAYETTEVILLE,ARKANSAS
YDEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Dara Sanders, Current Planner
Date: August 16, 2010
Subject: RZN 10-3626 Mathias Shopping Center
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance to rezone the subject property from R-O,
Residential Office to CS, Community Services (RZN 10-3626).
BACKGROUND
The subject property contains approximately 1.20 acres and is located north of Highway 45 (Mission
Boulevard/) and east of Highway 265 (Crossover Road) at the northwest corner of the intersection of Box
Avenue and Mission Boulevard. This area has developed as the primary commercial node serving the
surrounding single-family neighborhoods in east Fayetteville. The property has been the subject of several
rezoning requests in the past decade, the most recent of which was C-1, Neighborhood Commercial. Staff has
not supported rezoning the property to C-1 in the past due to concerns with permitted uses and access safety
issues. The applicant has submitted a new request to the Planning Division and proposes to rezone the property
from R-O, Residential Office to CS, Community Services.
DISCUSSION
On August 9, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for
approval with a vote of 7-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 10-3626, FOR
APPROXIMATELY 1.2 ACRES, LOCATED AT THE
NORTHWEST CORNER OF HWY 45 EAST AND BOX
AVENUE FROM R-O, RESIDENTIAL OFFICE, TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is hereby
changed as follows:
From R-O, Residential Office, to CS, Community
Services, as shown on Exhibits "A" and `B" attached
hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this day of 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 10-3626
SURVEY DESCRIPTION - ADJUSTED TI ACT A
PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 1, TOWNSIIIP
16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPLE MERIDIAN, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BRADEN ADDITION
RECORDED AS FILE#4-239 IN THE CIRCUIT CLERKS OFFICE OF WASHINGTON
COUNTY, ARKANSAS BEING A FOUND 5/811 REBAR; THENCE S02°33580:!W, ALONG
THE WEST RIGHT-OF-WAY LINE OF BOX AVENUE, A DISTANCE OF 116.00 FEET TO
A SET 5/80 REBAR W/CAP (PS 1496) BEING THE TRUE POINT OF BEGINNING;
THENCE S02033'58"W, CONTINUING ALONG THE WEST RIGHT-OF-WAY LINE OF
BOX AVENUE, A DISTANCE OF 193.66 FEET TO A SET 5/811 REBAR W/CAP (PS 1496)
ON THE NORTH RIGHT-OF-WAY LINE OF ARKANSAS HIGHWAY 45; THENCE
S29°12'54"W, ALONG THE ABOVE SAID NORTH RIGFIT-OF-WAY LINE, A DISTANCE
OF 21.81 FEET TO A SET 5/8 El REBAR W/CAP (PS 1496); THENCE S88°29'41"W,
CONTINUING ALONG THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE
OF 204.97 FEET TO A SET 5/8❑ REBAR W/CAP (PS 1496); 'I'HENCE N62'52571-]W,
CONTINUING ALONG THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE
OF 27.65 FEET TO A SET 5/80 REBAR W/CAP (PS 1496); TTIENCE NO2°33'58"E,
LEAVING THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 215.95
FEET; THENCE S87°29'50"E, A DISTANCE OF 239.39 FEET TO THE POINT OF
BEGINNING AND CONTAINING 52,607 SQUARE FEET OR 1.21 ACRES, MORE OR
LESS. SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS, RESTRICTIONS,
AND/OR RIGHTS-OF-WAY OF RECORD OR PRESCRIPTION.
T14
aye PC Meeting of August 9, 2010
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mounhtin St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE relehho„e: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: T� '� 'may ^� Updated August 10, 2010
RZN 10-3626: Rezone(NORTHWEST CORNER HWY.45/BOX AVE,372): Submitted by H2
ENGINEERING, INC. for property located at THE NORTHWEST CORNER OF HWY 45E &
BOX AVENUE.The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately
1.20 acres. The request is to rezone the property to CS, Community Services.
Planner: Dara Sanders
BACKGROUND:
Property Description: The subject property contains approximately 1.20 acres and is located north
of Highway 45 (Mission Boulevard/) and east of Highway 265 (Crossover Road) at the northwest
corner of the intersection of Box Avenue and Mission Boulevard. This property is located at the
entrance of the Braden Addition, a single-family subdivision that was platted in the 1960s.Currently,
Box Avenue (Local Street) is not constructed to City standards. The platted cul-de-sac was not
constructed, and the street ends at two residential driveways. The Planning Commission has
reviewed multiple requests for the subject property and other properties in the Braden Addition
dating back to 2003.
In July 2003,the previous property owner submitted a request(RZN 03-29.00)to rezone the subject
property from RSF-4, Residential Single-Family, 4 units/acre to C-1, Neighborhood Commercial.
Staff recommended denial of the request, finding that the request was not consistent with the
Residential land use designation in the General Plan 2020,that the request was notjustified due to an
existing vacant property located within the immediate vicinity, and that the request would create an
increase in traffic danger and congestion in the area. The applicant withdrew the request prior to the
scheduled Planning Commission hearing.
In June 2005, Mathias Shopping Centers,Inc.,the current owner of the subject property,submitted a
new rezoning application(RZN 05-1546)to the Planning Division, requesting to rezone the subject
property from RSP-4, Residential Single-family, 4 units/acre to R-O, Residential Office. Staff
recommended in favor of the rezoning request, finding that the R-O zoning district was consistent
with the Residential land use designation and provided a transitional zoning district from the heavier
commercial uses and residential uses behind.The Planning Commission and City Council approved
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09-101Commenis&Redlinesll0-3626 PL.ArG Commenls.doc
the request with staffs recommendation, and the property was rezoned to R-O, Residential Office.
In 2006, the City Council adopted City Plan 2025, which changed the land use designation of the
subject property from Residential to City Neighborhood Area,which encourages complete,compact
and connected neighborhoods with low-intensity nonresidential uses located at corner locations, a
range of residential uses,and a high level of connectivity between neighborhoods. On September 13,
2007,the Subdivision Committee approved the applicant's Large Scale Development(LSD 07-2713)
request to construct a one-story office building containing 19,209 square feet with 33 parking spaces
on the subject property. Building permits were not obtained within one year of the approval date,and
the project expired.
Finally, in 2009, the applicant submitted another zoning application (RZN 09-3280) to rezone the
subject property from R-O, Residential Office, to C-1, Neighborhood Commercial. Staff
recommended denial,finding that the C-1 zoning district was not consistent with the City's land use
planning objectives,principles, and policies by permitting commercial uses absentof size limitation
in a suburban form that could create an undesirable impact on adjacent properties,based on the uses
permitted in C-1, without regard to the form of development.
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North Two-family residences RMF-6, Residential Multi-family, 6 du/acre
South Retail, Restaurants, Bank C-2, Thoroughfare Commercial
West Gas station C-1, Neighborhood Commercial
Single-family residence RSF-4, Residential Single-family 4 units/acre
East Elementary School P-1, Institutional
Proposal: The applicant has submitted a new request to the Planning Division and proposes to
rezone the property from R-O, Residential Office to CS, Community Services. If the proposed
zoning is approved,the applicant has indicated to staff that they will process a conditional use permit
and large site improvement plan for a Firestone tire store on the site.
Public Comment: Staff has not received public comment on this particular request.
Discussion: Since staff's recommendation for denial of RZN 09-3280, the Unified Development
Code(UDC)has been revised significantly to create new use units and form-based zoning districts,
to modify the existing use units and zoning districts,and to better regulate site development. Some of
these changes are listed below:
Limited the building size to 25,000 square feet in Use Unit 15,Neighborhood shopping goods,to
promote compatibility with adjacent residential properties and neighborhoods
> Restructured Use Unit 16, Shopping goods to include unlimited regional commercial uses
G:IETCOo elopmeni Services Review,120101Developnienl Ret,iei,110-3626 RZN A41I Come, Bos/h e.&Him 450103-Planning Commiseion 108-
09-MConmenls&RedlinesV0-3626 PLNG Commenls.doc
v Created Use Unit 17, Transportation trades and services, for a transportation-oriented use unit
v Adopted new, mixed-use, form-based zoning districts subject to higher design standards
v Established stacking distance requirements for drive-through facilities
n Revised the parking ratios to accommodate alternative modes of transportation and established
mitigation requirements to reduce the heat island effect in parking lots
Staff finds that the current proposal to utilize the new,mixed-use,form-based Community Services
zoning district is consistent with the City's land use policies and objectives and that the recent UDC
amendments will alleviate the previous concern with intensity and compatibility.The form required
by a conventional suburban zoning district, such as C-1,creates a single-use,sprawling development
pattern and a buffer between the street and a structure. A form-based zoning district on this site
would provide a building closer to the street potentially leaving more room for a buffer between a
nonresidential building and adjacent uses.
The subject property is located within the vicinity of an area that has developed as the primary
commercial node serving the surrounding single-family neighborhoods in cast Fayetteville. This
commercial node has been developed in a suburban form that is oriented toward the automobile and
makes relatively inefficient use of the land. Staff finds that rezoning the subject property to the
Community Services zoning district will provide the needed buffer between a nonresidential use and
the adjacent residential developments and will encourage a traditional, pedestrian-oriented, urban
streetscape.
RECOMMENDATION:
Staff recommends forwarding RZN 10-3626 to the City Council with a recommendation of approval
based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: August 9, 2010 ❑ Tabled x Forwarded ❑ Denied
Motion: Kennedy Second: Chesser Vote: 7-0-0
CITY COUNCIL ACTION: Required YES
11 Approved D Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Box Avenue and Mission Boulevard. Mission is a fully
G IETCIDavelopnier+l Services Rev iem120101Derelopmem Revieml10-3626 RZN NW Caner Box Are. cE G1mv.45P.103-Planning Comnis.sionl08-
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improved multi-lane state highway in this location. Box Avenue is an unimproved
paved two lane city street at this property. Street improvements will be evaluated
with development submittal. Based on the City's access management ordinances,it is
not anticipated that additional access from the property will be permitted onto
Mission Boulevard.
Water: Public water is available to the property. There is an 8" public main located along
the north side of Mission Blvd adjacent to this property Public water main
improvements may need to be constructed to provide domestic and fire flow for any
proposed development.
Sewer: Sanitary sewer is available to the site. There is an 8" public main along the rear of
this property. Public mains may need to be extended through the property to serve
any proposed development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the 100-year floodplain.
Police: It is the opinion of the Fayetteville Police Department that this RZN would not create
an appreciable or undesirable increase in the load on police services due to recent
revisions to the Unified Development Code.
Fire: The Fayetteville Fire Department does not feel this development will affect calls for
service or response times.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as City Neighborhood Area, ivhich encourages complete, compact and
connected neighborhoods with low-intensity nonresidential uses, a range ofresidential uses, and a
high level of connectivity between neighborhoods.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Staff finds that the Community Services (CS) zoning district is consistent with
the City's planning policies and City Plan 2025 to convert commercial corridors
to mixed-use centers (see Goal 1); to discourage suburban sprawl (Goal 2); to
make traditional town form the standard (Goal 3); and to densify in highly
walkable areas along logical future transit routes(see Goal 3). Page 10-4 of City
Plan 2025 indicates the way in which the suburban development form can be
converted to walkable and livable mixed-use centers. However, this conversion
G:IGTCIUerelopmen(Seri-ices Revieud20100eoetopment Revioi 10-3626 RZN NW Corner Bo<dre.&/hv)e 456103-Ptaimm',CommissionM-
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