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
Q
By: By: 1
IO LD JO ,Mayor SONDRA E. SMITH,City Clerk/Treasurer
X. 1•Rr'`iSGe
_ ;FAYETTIVILLE•
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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
Close Up View
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- Hillside-Hilltop Ov, rlay District
Design Overlay Di trict
M Design Overlay Di 3trict
----- Planning Area
0 125 250 500 750 1.000
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
G:IETCIDerelopmeni Services ltei iei02010IDevetopmem Rewn,m 10-3626 RZN Nil'Coiner Box Are &HitY.45E103-Planning Conmiissio,?W&
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-
09-MCommenls d Rerlline010-3626 P.NG Comnenl�joc
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-
09-101Comnrems&RedtineslPLNG Comments.doe
can not be achieved under the regulations of a conventional zoning district.
Although it is currently undeveloped, staff finds that the development of the
subject property in the urban form of the CS zoning district is consistent with
the City's policies and could result in the redevelopment and/or infill of adjacent
commercial properties.
Staff also finds that the proposed zoning district is consistent with the Future
Land Use designation of City Neighborhood Area, which promotes the use of
low -intensity non-residential uses at corner locations. As a result of recent
changes to the Unified Development Code, staff finds that many of the permitted
uses included in the CS zoning district are low -intensity uses and that the
prescribed urban form will result in compatibility with adjacent residential
uses. The proposed district will provide the needed buffer between the
nonresidential use and the adjacent residential developments, as a minimum of
a 15' setback is required between a CS zoning and a residential district. Further
the CS zoning district will contribute to building a traditional, pedestrian -
oriented, urban streetscape.
Staff finds that land use planning principles and policies should not only
consider the way in which the property will develop in the near future but also
the way in which the property could redevelop in the long-term. Staff finds that
the permitted and conditional uses included in the CS zoning district and the
associated design requirements would allow for multiple uses on the property in
the future consistent with the adopted land use plan for the City.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning request for the subject property is not needed at this
time, as the subject property could be developed under the R -O zoning district
as any of the nonresidential permitted and conditional uses listed in the attached
zoning regulations, which would allow for businesses such as a professional
office, a retail store, and a restaurant without a drive-thru. Therefore,
considering the permitted and conditional uses allowed with the underlying R -O
zoning district, staff finds that the current zoning does not prohibit reasonable
use of the subject property and can potentially provide goods and services to the
surrounding neighborhoods.
I-Iowever, staff also finds that development of the subject property in
conformance with the bulk and area requirements of the underlying R -O zoning
district would continue the conventional, suburban development pattern along a
significant eastern gateway to the City of Fayetteville. Because the proposed CS
G: IE/CiDerelapnlen( Services Rerieiv20I01Derelopmen( RevieuA/0-3626 RLN Nil' Caner Box Are. & Hwy,. 45E103- Planning Connnission10$-
09- 101Comments & Redlines/'LNG Conunenta.doc
zoning district would require the property to develop in a traditional and urban
form with the building at the street in conformance with the goals and
objectives of City Plan 2025, staff finds that the proposal is justified.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that a rezoning from R -O to CS could create an increase in traffic
compared with that allowed under the existing zoning. Because of the size of the
property and its location at the northwest corner of the intersection of Box
Avenue and Mission Boulevard/Highway 45, access and vehicular traffic has
been an expressed concern in the past from the Fayetteville Planning,
Engineering, and Police Departments. However, staff finds that the recent UDC
revisions regarding square footage limitations and parking lot circulation, as
well as the access and curb cut distance requirements outlined in the recently
adopted Street Design and Access Management Standards policy in Chapter
166.08, will significantly reduce potential turning conflicts and traffic danger at
this location as a result of controlled ingress and egress. Compliance with
Chapter 166.08 will be reviewed at the time of large scale development request
regardless of the underlying zoning district, and staff would likely not
recommend in favor of additional access onto Mission Boulevard/Highway 45.
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: Increased load on public services were taken into consideration and
recommendations front the Engineering, Fire, and Police Departments are
included in this report. The proposed zoning would not result in adverse
impacts to public services.
If there are reasons why the proposed zoning should not be approved in view of
considerations under b (I) 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;
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.
G: IElC;Developmmnl Services Reviet.' 20llliDeveopmew Review! l0-36?6 RLN NW Corner !Box Ave & They. 45/003- Planning Conunissionl08-
09-101Conunenls & RedlinesUILNG Comuienls.doe
Finding: Not applicable. Staff is recommending approval.
G:YEYCDev elopmenl Services Rey ieml?0/0IDei-elopmenl Reriemi 10-3626 RZN NN' Corner /3o.c Ai v. & //,v7+. 45L}03- Planning Canuiissionl08-
09-10 C.ommenls & Redlines:PLNG Conmrenis.rloc
161.19 Community Services (D) Bulk and area regulations.
(A) Purpose. The Community Services district is
designed primarily to provide convenience
goods and personal services for persons
living in the surrounding residential areas
and is intended to provide for adaptable
mixed use centers located along commercial
corridors that connect denser development
nodes. There is a mixture of residential and
commercial uses in a traditional urban form
with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the
Community Services district is a commercial
zone. The intent of this zoning district is to
provide standards that enable development
to be approved administratively.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Note: Any combination of above uses is
permitted upon any lot within this zone.
Conditional uses shall need approval when
combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None
(1) Lot width minimum.
Dwelling
18 ft. - --'
jllthers
None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
The principal fa�ade
of a building shall be
built within 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
residential district:
(F) Height regulations. Maximum height is 4
stories or 56 feet which ever is less.
(G) Minimum buildable street frontage. 65%
of the lot width.
(Ord. 5312, 4-20-10)
N 10-3625: Rezone (C. JAR CREST ACADEMY/PERSIMi.. )N, 478): Submitt y
DA JORGENSEN for property located on the SOUTH SIDE OF PERSIM)4ON ROAD,
WEST tYPQWL CREEK ELEMENTARY SCHOOL. The property is z9jEil RSF-1,
SINGLE FA LY - 1 UNIT/ACRE and contains approximately 2.25 res. The request is
to rezone the suGjt�Qroperty to P-1, Institutional. P nner: Andrew Garner
Public water is available oh roperty. There is a 12" pub i main located along the south side
of Persimmon Street in front of ths operty.. Public ater main improvements may need to be
extended through the property to provi domestic,ii6 fire flow for any proposed development.
Sanitary sewer is available to the site.
Persimmon Street directly in front o is property. Tbe existing sanitary sewer may need to be
analyzed to ensure that it has ad- uate capacity to serve uture development on this lot. Public
mains may need to be extei d through the property to sery ny proposed development.
The site has accesytCIersimmon Street. Persimmon Street is a frilly roved two lane city
street in this to Lion. Street improvements will be evaluated with develo ent submittal.
public main located along the south side of
t1 improvements and requirements for drainage will be required for any
property is affected by the 100 -year floodplain.
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
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.
Sanitary sewer is available to the site. There is an 8" public main located along the west side of
this property. Public mains may need to be extended through the property to serve any proposed
development.
The site has access to Mission Blvd and Box Ave.. Mission Blvd is a fully improved 5 lane state
highway in this location. Box Ave is a narrow two lane paved city street. Street improvements
will be evaluated with development submittal.
Standard improvements and requirements for drainage will be required for any development.
This property is affected by the 100 -year floodplain.
Fpx TTEVI«r
1 • r O DEPT.
I mF
To: Andrew Garner, Dara Sanders
From: Terry Lawson, Fire Marshal
Date:
Re: RZN 10-3625
RZN 10-3626
RZN 10-3625: Rezone (CEDAR CREST ACADEMY/PERSIMMON, 478): Submitted by DAVE JORGENSEN for property
located on the SOUTH SIDE OF PERSIMMON ROAD, WEST OF OWL CREEK ELEMENTARY SCHOOL. The property
is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 2.25 acres. The request is to rezone the
subject property to P-1, Institutional. Planner: Andrew Garner
This development will be protected by Engine 7 located at 835 N. Rupple Rd.
It is approximately 1 miles 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.
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
This development will be protected by Engine 5 located at 2979 N. Crossover.
It is approximately 1.2 miles 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.
Terry Lawson, Fire Marshal
Fayetteville Fire Department
July 28, 2010
Jeremy Pate
Development Services Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for comments on proposed RZN 10-3626
(Northwest Corner Hwy 45/ Box, 372) Submitted by H2 Engineering.
I have previously submitted comments on June 17, 2005 and on May 21, 2009 expressing
concern about traffic danger and congestion at this location. These concerns were due
mostly to the possible volume of traffic for the proposed type of business and the
possibility of the ingress and egress on Mission.
If the property is going to be used for the purpose which you described during our
telephone conversation, I would have far less concern for the volume of traffic. Also, If I
understand that current regulations would require ingress and egress be placed on Box
Avenue, I would have far less concern about vehicles exiting and entering Mission.
Traffic from this business would be routed to an intersection some traffic control.
Sincerely,
Captain William Brown
Fayetteville Police Department
North End 2006
c. Convert shopping centers it commercial corridors to
mixed -use centers, adding residences, offices, & lodging
The infill of existing centers and corridors allows the economic re-
capture of land value for the developer while producing develop-
ment that shortens trips for residents and uses existing infrastruc-
ture. This strategy for converting shopping centers into mixed -use
centers has been used by national developers and shopping center
owners. A variety of uses creates the ability to live, work, shop
and have daily needs and services met within walking distance.
It is important to encourage and provide more opportunities for
people to live and work in the City. Encouraging a balance of
people living and working in the same area has several benefits,
including: less daily trips that rely on the regional road network;
increased support for local businesses; and a greater variety of
housing options for Fayetteville residents.
a
North End 2025
C4 J
ftic1i
to r A
Fiesta Square 2006
t:!Ii Fir.-
LiL2L :H!
'I
hull �
Mission & Crossover 2006
Fiesta Square 2025
& Crossover 2025
I C/O
PLAN
V -
ENGINEERING, INC.
June 30, 2010
City of Fayetteville
Planning Division
113 West Mountain St.
Fayetteville, AR 72701
RE: REZONING APPLICATION
NORTHWEST CORNER OF HWY 45 & BOX AVE
To Whom It May Concern:
Please accept this letter and application as our official request for rezoning a property owned by
Mathias Shopping Centers, Inc. at the northwest corner of Arkansas State Highway 45 and Box
Avenue.
The subject property is currently zoned R -O and is proposed for rezoning to Community
Services. The property is located approximately 200 ft east of the Highway 45/Highway 265
(Mission/Crossover) intersection along the north frontage of Hwy 45. The property to the north
of our site is zoned RSF-4 (with a conditional use allowing a duplex). There is one residential
parcel to the east followed by P-1, Institutional. The property to the west is zoned C-1 with a
convenience store operation. The property to the south is zoned C-2 with a variety of uses.
Measured along the highway (from the intersection of Hwy 45 & Hwy 265), the following
represents the current zoning districts along the highway frontage:
Northwest Quadrant:
Hwy 45: 1340 ft - C -I
Hwy 265: 980 ft — C -I
Southwest Quadrant:
Hwy 45: 400 ft - C-2; 550 ft - C-1
Hwy 265: 1020 ft —C-2
Southeast Quadrant:
Hwy 45: 1320 ft -C-2
Hwy 265: 1020 ft — C-2
Northeast Quadrant:
Hwy 45: 200 ft - C-1; 240 ft - R -O (Subject Property); 200 ft RSF-4; and 1200 ft - P-1
Hwy 265: 900 ft - C-1
All public infrastructure is adequate and accessible to serve a commercial use on this property.
Water is available via an 8" PVC line on the south boundary, and sewer is available via an 8" line
on the west boundary.
In the past, representatives from the Police Dept have expressed concerns with traffic conditions
in this location. Traffic conditions have drastically improved in this region as a result of the
traffic light installation at the intersection of Hwy 45 and Starr Rd to our east. This light has been
in service for approximately one year. Planning staff has also expressed concerns with the past
rezoning requests on this property because of compatibility issues and consistency with City Plan
2025, and the Future Land Use Plan designation because of the sprawling development form of
the C-1 zoning district.
The local character of this intersection reflects community service uses as well as more intense
commercial uses. This commercial / services hub is well established for 1000 feet in every
direction from this intersection. The future land use plan reflects this corner as City
Neighborhood Area, which is the same future land use as 3 of the 4 intersection corners that
contain commercial and retail businesses. The Highway 45/Highway 265 (Mission/Crossover)
intersection is the primary nonresidential node that provides a range of services. The subject
property is located within 200 feet of this primary nonresidential node. With over 200 ft of
frontage on Hwy 45, and absent of floodplain or other specific features that would limit
development, this substantial piece of property is the last to remain vacant in the immediate area.
We believe this parcel is perfectly situated for the "low -intensity nonresidential uses" identified
in the City Neighborhood Area description, and the neighborhood -friendly use units available
within the Community Services zoning district.
The request for the Community Services zoning district at this location is consistent with the
goals in City Plan 2025. The development of the subject property under the regulations of the
Community Services zoning district will work toward achieving City Plan 2025 Goal 3, to make
traditional town form the standard, with the mixture of permitted uses and the prescribed urban -
form that provides more opportunities for people to live and work in the same area and promotes
adaptable reuse of buildings over time. The form -based zoning will also eliminate much of the
concern with regard to compatibility with adjacent residential uses and will provide adequate
transition between the conventional, automobile -oriented development form to the south and west
and the various residential uses to the north and east. If approved, the application of the form -
based zoning could work toward infill and achieving the future vision of this nonresidential node
shown on page 10-4 of City Plan 2025.
Thank you for your consideration in this regard
Respectfully,
Kipp Hearne, P.E.
RZN 10-3626
Close Up View
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j_ ! Design Overlay Di trict
Design Overlay Di trict
------ Planning Area
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Fayetteville Feet
RZN10-3626 NORTHWEST CORNER HWY 45&BOX AVE
One Mile View
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Overview Legend PiN 10-3626
.at_1 Subject Propertyrkj
RZN10-3626 [__J Desi n Overlay District
Boundary l . _ .; Plan iing Area
I I Fay tteville
0 0.25 0.5 1
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RZN 10-3626
Future Land Use
NORTHWEST CORNER HWY 45 & BOX AVE
C °Industrial
Complete Neigh rhood Plan
Civic and Private pen Space/Parks
Civic Institutional
Non -Municipal G ver125 rnment250
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SUBJECT PROPERTY
500 750 1
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NORTHWEST ARKANSAS
NEWSPAPERSu�
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Northwest Arkansas Times
Benton County Daily Record
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PHONE: 479-571-6421
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OCT 01 2010
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CITY CLERK'S OFFICE
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and reference to the files of said publication, the advertisement of: City
of Fayetteville — Ordinance No 5350
September 16, 2010
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Subscribed and worn to before me
This??day of V ,,, , 2010.
Notary Public "1_^
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M Commission Expires: MY Commission flxpires 10-28-zp1 B
Y pl�m
(b-2sr zoiV
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