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Home My WebLink AboutOrdinance 5816IIIII 000 II I I0I I 1730012 1!T!!!1yl p1111e11:1 l l lRELind: ORDINANCE l l l l l l l Recorded: $70. 11/13/00P 2015dgdY 02:43:59 PN Fee Amt: 12 Washington County, e AR 1 of ff(- Kyle Sylvester Circuit Clerk File 2015--00032428 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5816 File Number: 2015-0464 ADM 15-5205 (SW CORNER VAN ASCHE & STEELE BLVDS./CMN BUSINESS PARK LOT 6): AN ORDINANCE TO AMEND ORDINANCE NO. 3936 BY AMENDING THE RESTRICTIONS WHICH HAD PROHIBITED RESTAURANTS BY ALLOWING SUCH USE UNIT 13 RESTAURANTS WITH OUTDOOR MUSIC AS CONDITIONAL USES UPON A 2.24 ACRE PARCEL (LOT 6) ON THE SOUTHWEST CORNER OF VAN ASCHE AND STEELE BOULEVARDS WHEREAS, on November 7, 1995, the Fayetteville City Council rezoned a parcel containing the 2.24 acre lot under consideration on the Southwest comer of Van Asche and Steele Boulevards from A-1 (now R -A) to C-1 Neighbor Commercial "with restrictions"; and WHEREAS, these restrictions had been negotiated between the land owners and residents of a neighborhood abutting this parcel and operated as a Bill of Assurance to prohibit, among other C-1 uses, restaurants; and WHEREAS, the owner and the proposed developer of a 2.24 acre parcel (Lot 6) within this larger rezoned parcel wishes to build a brewery and restaurant and therefore has requested that existing restrictions be modified and amended to allow such development. NOW THEREFORE, 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 amends Section I of Ordinance No. 3936 by adding the following: "However, Use Unit 13 -Eating Places is allowed as a right on the 2.24 acres of Lot 6 on the southwest comer of Van Asche and Steel Boulevards. Lot 6 is further described and shown on Exhibits A and B attached hereto. Section 2. The official zoning map of the City of Fayetteville is hereby amended to reflect the zoning change provided in Section 1 above. Page 1 Printed on 10/22/15 PASSED and APPROVED on 10/20/2015 Ordinance: 5816 Attest: Sondra E. Smith, City Clerk Tre 1S� j e,�f�, .`�` • �,\ 1 Y SOF : s� :. �'•FA'f�.Tl'v'I[[i••�� u iIi iii i ri�d�� Page 2 Printed on 10123115 15-5205 EXHIBIT 'A' EXHIBIT "B" A PART OF LOT 6A OF SPLIT OF LOT 6 OF THE CMN BUSINESS PARK II, PHASE I ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6A AND RUNNING THENCE NO2025'48"E 250.02', THENCE S86°54'58"E 342.63', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00' FOR A CHORD BEARING AND DISTANCE OF S42°16'08"E, 70.45', THENCE S02°22'42"W 200.50', THENCE N86°55'01 "W 392.36' TO THE POINT OF BEGINNING, CONTAINING 2.24 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PROPOSED USE UNIT RESTRICTIONS IF THE CITY COUNCIL RECOMMENDS IN FAVOR. 161.18 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit -5 6everameat-F4cilitie8 Unit 13 Eating laces Unit 15 Nei hborhood shopping Unit Is inldrw drank Unit 25 Offices, studios, and related services Unit -44 Ge duels UP445 S (2) Conditional uses. (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front City-wide uses by conditional use permit Front, if parking is allowed between the right-of-way and the building Public protection and utilityfacilities Side Cultural and recreational facilities Side, when contiguous to a residential district Sb s R 20 ft. Outdoor music establishments' Sidewalk -Gates (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 10 ft. Rear 20 ft. (F) Building height regulations. Buddin Height Maximum 1 56 ft.' 11 'Any building which exceeds the height of 20 feet shall be setback from any 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 40% of the total area of such lot. Planning Commissior. September 28, 2015 Agenda Item 6 15-5205 Lot 6 -CMN Page 31 of 43 TITLE ACV UNIFIED DEVELOPMENT CODE CHAPTER 162: USE UNITS 162.01 ESTABLISHMENT/LISTING............................................................................................................3 162.02 INTERPRETATION..........................................................................................................................7 162.03 CONDITIONS OF USE.....................................................................................................................7 162.04 ENCLOSURE OF USES..................................................................................................................7 162.05-162.99 RESERVED...........................................................................................................................7 Planning Commission CD162:1 September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 32 of 43 Fayetteville Code of Ordinances Planning Commission CD162:2 September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 33 of 43 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 162: USE UNITS 162.01 EstablishmentiListing 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 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Units 6ovemmont facilities Unit -6 Agriculture Unit? Anknathusban Unit -S Sln le-famil in s Unit -9 Unit -t0 Three-family Unit -4-1 Manufactuwdhome ark Unit -f2 Limited business Unit 13 Eating places Unit14 Hotel,wekl-anrlamueementlasaures Unit 15 Neighborhood shopping oods Uait46 Sha oods Unites Ira o edatowTfadesand services Unitli) Gasoline—service—sta iene—and—drwe4nidrive IMe h -restaurants Unit -l9 Cemrnerciatrecreatlon-smallelles Unit 2a 6ommercial4esreakon,-la a sites Unit -21 Wareheusi d -wholesale Unit -fl Manu Unit23 Unit 24 Home oc�ypatlon Unit 25 Offices. studios, and related services Unit -26 Multi-fami dwel s Unit -a3 W with -underground storage -tanks Unit -28 Center-fw-cellectn -re clable maledals Unit -29 Danse-halls Unit -3g €xtactive uses Unit -34 6asifitles-smiting-odors-&-faciliaes-handling explesivas Unit -32 Sexually -oriented -business Unit -a3 Unit-34Liquor-stores Unit 35 Outdoor music establishments Unit -36 Wireless -communications -facilities Unit 37 Manufactured -homes unit -38 Mini -at a -units Unit -39 Auto -salvage -and -junk -yards Unit -49 Sidewalk -Cafes Unit -44 Ascesso'-dwe1Iings Unit -4a Clean technologies Uni1.43 Animal-beardiandaralnin Unit -44 Got e-Housin level ent Unit -45 Small -scale -production (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 significantly 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 crop farms fishery: -Fishery 'Forest 'Fruit, tree, and vegetable farm Essential services located in -Fire 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 public right-of-way Recreation and related use: 'Arboretum 'Historical marker •Park area 'Parkway -Wildlife preserve Water facilities: -Reservoir, open -Watershed 'Conservation or flood control project CD162:3 (B) Unit 2. City-wide uses by conditional use permit. (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 and breakfast facilities* • Campground • Community Recycling Drop-off Facility • Landscape contracting Planning Commissior September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 34 of 43 Fayetteville Code of Ordinances • Plant nursery • RV sewage disposal facility • Solid waste disposal facility • Water recreation area Temporary facilities: • Carnival, circus, and tent revival* • Commercial facilities • Real estate sales office (located at a specific location in an underdeveloped subdivision and operated for the purpose of developing said subdivision) • School and church facility_ (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. Facilities of Public Service 'Electric regulating station Corporations: 'Pressure control station 'Transmission station for tower, radio, telegraph, telephone, television Other utility and protective 'Airway beacon facilities: 'Public utility maintenance building, warehouse, or storage building 'Water pipeline rights -of - way, sewer or water treatment plant, water storage facility Railroad rights -of -way Communications and utility transmission line rights -of - way (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 o Community center Crematorium Eldercare Hospital Mausoleum Playfield. playground Private School: 'Elementary 'Junior High •Senior High Swimming pool Tennis court Theater (legitimate) Cross -references) --Parking and Loading, Ch. 172. (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 drive-ins, which do not provide dancing or entertainment Restaurants Caf₹'s CD162:4 (0) Unit 15. Neighborhood shopping goods. (1) Description. Unit 15 includes a variety of frequently purchased commercial goods, where convenience of location is more Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 35 of 43 TITLE XV. UNIFIED DEVELOPMENT CODE important than comparative shopping. These uses are grouped in limited areas while prohibiting all others not necessary Gaeoine sarvicestatlen! near the residential districts. All uses Self-sarv+ca--auto-wastr--(in-sanjanslion-wlkh-�yaso4ina classified under Use Unit 15 must be within a seMea stalionP building containing 25,000 square feet or Ddye-io-rddve4hr h.restavrant- less. (Y) Unit 25. Offices, studios and related services. (2) Included uses. Personal services •Barber/Salon 'Dry cleaning amity •Tailoring Retail 'Apparel and accessory 'Bakery, pastry shops 'Bicycle shop 'Bookstores 'Coffee shop 'Delicatessen •Drugstore 'Electronics 'Florists 'Food specialty stores 'Furniture and Home Decor ',.y 'Hardware store 'Health food store 'Hobby/craft shop 'Ice cream •Jewelrytwatch sales and repair 'Meat market . 'Music instruments 'News and magazine stand 'Optical goods 'Pet shop 'Photography Studio 'Picture framing 'Shoe store 'Sporting goods 'Stationary store 'Toy store 'Video rental (interior'Automobile display-enly) 'AT4/Metercycla 'Boot/Portona1 (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Professional • Accountant office: • Architect • Attorney • Broker • Engineer • Realtor 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- patient clinic _______________ Studios: • Artist's studio • Photography studio • Studio for teaching any of the fine or liberal arts Unit 35. Outdoor music establishments. * objectionable to nearby ucoc, co, thorofore, (1) Description. Unit 35 includes any business have been allowod only in districts where or establishment that has a garden, patio, necessaryy-to previde-this-use rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified Planning Commissior CD162:5 September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 36 of 43 Fayetteville Code of Ordinances or loud music is played that could be audible at nearby residences or businesses. (2) Included uses. Outdoor music establishments' 42)-1 ^hided -uses: yyirelem tolocommunications facilities Antennas Assessors buildings St Ce'lular-towers Horns Microwave dishes Monopoles Unit 42. Clean technologies All uses within Unit 42 are permitted with a maximum gross floor area of 5.000 square feet Microbrewery; Maximum gross floor area of microwinery; 10,000 square feet for the microdistillery manufacturing portion of the facility and production of less than 15.000 barrels per year Boutique/specialty •Specialty food manufacturers manufacturing with or without a retail store front (maximum gross Coffee roasting facility floor area of •Other specialty manufacturers 5,000 square that have minimal impacts to feet) adjoining properties compared with what is typically generated by similar uses within the designated zoning district, as determined by the Zoning and Development Administrator (1) Dczcsiption. Unit 12 consists of uses -that fabricate —or —produce goods and servces that greatly reduce —e -S01aF -Fuelatls -Batteries provided-in-etder tat cottage --housing deveispa+eats-are-pecFritted by right in multi family zoning distilots and by Conditional Usa Permit in singlefamily zoning-d16kicte. GDf e -1e i Develo meals CD162:6 (Code 1965, App, A., Art. 6 (A), (F); Ord No. 329, 10-1-85; Ord. No, 3165, 2-4-86; Ord. No. 3341, 3-15-88; 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. 4,5-21-96; 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), 3-5-02; Ord No. Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 37 of 43 Washington County, AR I certify this instrument was filed on 11!13!2015 02:43:59 PM and recorded in Re3FE34ate File Number 20157b003 a Kyle Sylvester- Ci c by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-5323 Text File File Number: 2015-0464 Agenda Date: 10/20/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 8 ADM 15-5205 (SW CORNER VAN ASCHE & STEELE BLVDS./CMN BUSINESS PARK, LOT 6): AN ORDINANCE TO AMEND ORDINANCE NO. 3936 BY AMENDING THE RESTRICTIONS WHICH HAD PROHIBITED RESTAURANTS BY ALLOWING SUCH USE UNIT 13 RESTAURANTS WITH OUTDOOR MUSIC AS CONDITIONAL USES UPON A 2.24 ACRE PARCEL (LOT 6) ON THE SOUTHWEST CORNER OF VAN ASCHE AND STEELE BOULEVARDS WHEREAS, on November 7, 1995, the Fayetteville City Council rezoned a parcel containing the 2.24 acre lot under consideration on the Southwest comer of Van Asche and Steele Boulevards from A -I (now R -A) to C-1 Neighbor Commercial "with restrictions"; and WHEREAS, these restrictions had been negotiated between the land owners and residents of a neighborhood abutting this parcel and operated as a Bill of Assurance to prohibit, among other C-1 uses, restaurants; and WHEREAS, the owner and the proposed developer of a 2.24 acre parcel (Lot 6) within this larger rezoned parcel wishes to build a brewery and restaurant and therefore has requested that existing restrictions be modified and amended to allow such development. NOW THEREFORE, 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 amends Section I of Ordinance No. 3936 by adding the following: "However, Use Unit 13 -Eating Places is allowed as a right on the 2.24 acres of Lot 6 on the southwest corner of Van Asche and Steel Boulevards. Lot 6 is further described and shown on Exhibits A and B attached hereto. Section 2. The official zoning map of the City of Fayetteville is hereby amended to reflect the zoning change provided in Section 1 above. City of Fayetteville, Arkansas Page 1 Printed on 10/23/2015 City of Fayetteville Staff Review Form 2015-0464 Legistar File ID 10/20/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 10/2/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: ADM 15-5205: Administrative Item (SW CORNER VAN ASCHE & STEELE BLVDS./CMN BUSINESS PARK, LOT 6, 212): Submitted by BATES & ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE & STEELE BLVDS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for an amendment to the CMN Bill of Assurance, to allow a restaurant near the Centerbrook Subdivision. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance j $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget J $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: &0 lJ/ CITY OF Sy7eo vile RKANSAS MEETING OF OCTOBER 20, 2015 TO: Fayetteville City Council FROM: Jesse Fulcher. Senior Planner CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director DATE: October 2, 2015 SUBJECT: ADM 15-5205: Administrative Item (SW CORNER VAN ASCHE & STEELE BLVDS./CMN BUSINESS PARK, LOT 6, 212): Submitted by BATES & ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE & STEELE BLVDS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for an amendment to the CMN Bill of Assurance, to allow a restaurant near the Centerbrook Subdivision. RECOMMENDATION: The Planning Commission recommends approval of a request for an amendment to the CMN Bill of Assurance, to allow a restaurant near the Centerbrook Subdivision. Staff did not support the request. BACKGROUND: The subject property is located at the southwest corner of Steele Boulevard and Van Asche Drive. The property is a part of Lot 6 of the CMN Subdivision. In 1995 the City Council rezoned the property to C-1, Neighborhood Commercial, subject to a Bill of Assurance offered by the developers and agreed to by the property owners in the Centerbrook Subdivision, which is located to the southwest of the subject property. The Bill of Assurance applies to multiple properties to the north and east sides of the Centerbrook Subdivision, and includes requirements for additional screening and setbacks from the subdivision boundary. The Bill of Assurance also provides a list of prohibited land uses, including restaurants. The applicant is requesting an amendment to the Bill of Assurance for CMN Business Park, to allow Use Unit 13— Eating Places on the subject 2.24 acres of Lot 6. The applicant has already submitted large scale development plans for a 13,533 square foot building that will contain 7,547 square feet for a restaurant and brewery, 4,619 square feet for office space and 1,367 square feet for a mechanical room. The Planning Department cannot process the plans unless the Bill of Assurance is amended by the City Council. Staff recommends denial of ADM 15-5205, finding that the land use restrictions placed on CMN Business Park in 1995 are still warranted today. The Centerbrook Subdivision was platted in 1972, over 20 years before the business park was rezoned. Rezoning the CMN property to C-1, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Neighborhood Commercial was only recommended when many of the higher intensity commercial uses were removed through the Bill of Assurance, as worked out between the neighbors and developers at the time. Amending the Bill of Assurance to allow land uses which were already determined to be incompatible with the neighborhood is not appropriate in staffs opinion. DISCUSSION: Some of the discussion of the Planning Commission centered on whether the land use restrictions in the Bill of Assurance even apply to this property, as the subject property has been subsequently split off from the parent tract and no longer technically directly abuts the nearby neighborhood. Staff's analysis, in conjunction with the City Attorney's office, concludes that all of the property south and west of the Van Asche/Steele Boulevard intersection were clearly included in the restricted uses when it was rezoned C-1. A formal letter of interpretation was forwarded to the applicant stating the city's position, and it is included in the packet for your information. On September 28, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-2-0. Five residents from the Centerbrook Subdivision spoke at the meeting, with one neighbor in favor of the request and four opposed. BUDGETISTAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report CITY OF aye Revl5 e A TO: City Planning Division File STAFF MEMO CC: W. Asa Hutchinson II, Roberts Law Firm, P.A. FROM: Andrew Garner, City Planning Director/Zoning and Development Administrator DATE: September 11, 2015 SUBJECT: Zoning Determination for CMN Business Park Lot 6 ATT: • Ordinance No. 3936 • City Council Meeting Minutes November 7, 1995 (Pages 479-480) • Pages from the Bill of Assurance Booklet "Rezoning Requests R95-24 & R95- 25 Mutual Agreement" ZONING DETERMINATION: The zoning for CMN Business Park Lot 6 established with Ordinance No. 3936 is restricted by a Bill of Assurance/agreements offered by the applicant to City Council. These agreements are tied to the zoning of the property and among other things, do not permit a restaurant or brewery at Lot 6 of CMN Business Park. POSSIBLE SOLUTIONS: As previously communicated with the applicant and their attorney, this zoning determination may be appealed the Board of Adjustment within 10 working days, then the Circuit Court. An alternative is to request the City Council amend to the Bill of Assurance to accommodate the proposed development. Still another alternative is to rezone the property to accommodate the proposed development. DISCUSSION: An official zoning determination has been requested for Lot 6 of CMN Business Park because of a pending development application for a restaurant/brewery at this location. The City Council rezoned the subject property to C-1, Neighborhood Commercial with restrictions on November 7, 1995 with Ordinance No. 3936. The ordinance specifically states that the zoning is "...with restrictions." The applicant for the rezoning submitted booklets of information to the City Council titled "Mutual Agreement" as part of the rezoning request. These booklets describe detailed agreements between the owners of the Centerbrook Subdivision adjacent to the west and the property owner/developer. The booklets were signed by representatives of the neighborhood and the property owner/developer. These restrictions were then submitted to the Planning Commission Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 and City Council for consideration as part of the rezoning request and referred to as a Bill of Assurance. The legislative record is a little unclear regarding the enforcement of the Bill of Assurance. Review of the meeting minutes and the documents submitted by the applicant include some of the following key points on pages 479-480 of the City Council meeting minutes from November 7, 1995: • Fayetteville City Attorney Jerry Rose stated "...that the document presented to the Council is not a legal Bill of Assurance, but is a legally enforceable document." • "Mayor Hanna explained that the items in the Bill of Assurance presented will be addressed at Large Scale Development." • "City Attorney Rose stated that the Council was certainly taking that (the offer made by the petitioner in the document referred to as 'Amended Bill of Assurance C-1 Rezoning R95-25') into consideration because it has been offered by the petitioner voluntarily." • Fayetteville City Attorney Rose ended his discussion of the Bill of Assurance as follows: "In response to a question from Mayor Hanna, City Attorney Rose stated that it is correct that the council will have the opportunity to bring any large scale development that comes through with this property back before the Council at the request of any Council member. If the petitioners do not do what they have said they will do, the request for large scale development can be turned down." The discussion noted above was completed prior to the Council's vote on the rezoning ordinance R95-25. In reviewing the record of the rezoning request it is apparent that the City would enforce the Bill of Assurance's terms, including removing Use Unit 13— Eating Places that was shown as being stricken from the list of uses in the Bill of Assurance. Rezoning Ordinance No. 3936 that refers to "...with restrictions" clearly refers to the Bill of Assurance offered by the applicant that includes a list of restricted uses and a map showing areas that are subject to the restrictions, including what is now CMN Lot 6. K:\UDC Interpretations\CMN Business Park determination CITY OF I�ttvt1e ARKANSAS TO: FROM: THRU: MEETING DATE: PLANNING COMMISSION MEMO Fayetteville Planning Commission Jesse Fulcher, Senior Planner Andrew Garner, Planning Director ceptember2O, 2015 Updated October 1, 2015 SUBJECT: ADM 15-5205: Administrative Item (SW CORNER VAN ASCHE & STEELE BLVDS.JCMN BUSINESS PARK, LOT 6, 212): Submitted by BATES & ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE & STEELE BLVDS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for an amendment to the CMN Bill of Assurance, to allow a restaurant near the Centerbrook Subdivision. RECOMMENDATION: Staff recommends denial of ADM 15-5205. BACKGROUND: The subject property is located at the southwest corner of Steele Boulevard and Van Asche Drive. The property is a part of Lot 6 of the CMN Subdivision. In 1995 the City Council rezoned the property to C-1, Neighborhood Commercial, subject to a Bill of Assurance offered by the developers and agreed to by the property owners in the Centerbrook Subdivision, which is located to the southwest of the subject property. The Bill of Assurance applies to multiple properties to the north and east sides of the Centerbrook Subdivision, and includes requirements for additional screening and setbacks from the subdivision boundary. The Bill of Assurance also provides a list of prohibited land uses, including restaurants. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped _ C-1, Neighborhood Commercial South C-1, Nei hborhood Commercial West _Undeveloped Office C-1, Neighborhood Commercial East Office C-2, Thoroughfare Commercial DISCUSSION: Request: The applicant is requesting an amendment to the Bill of Assurance for CMN Business Park, to allow Use Unit 13— Eating Places on the subject 2.24 acres of Lot 6. The applicant has already submitted large scale development plans for a 13,533 square foot building that will contain 7,547 square feet for a restaurant and brewery, 4,619 square feet for office space and 1,367 Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 W IIo1 15-5205 Lot 6-CMN Page 1 of 43 square feet for a mechanical room. The Planning Department cannot process the plans unless the Bill of Assurance is amended by the City Council. RECOMMENDATION: Staff recommends denial of ADM 15-5205, finding that the land use restrictions placed on CMN Business Park in 1995 are still warranted today. The Centerbrook Subdivision was platted in 1972, over 20 years before the business park was rezoned. Rezoning the CMN property to C-1, Neighborhood Commercial was only recommended when many of the higher intensity commercial uses were removed through the Bill of Assurance. Amending the Bill of Assurance to allow land uses which were already determined to be incompatible with the neighborhood is not appropriate in staff's opinion. Some types of food service business are actually still allowed on the subject property. These include a bakery, delicatessen and specialty food store. Based on the Bill of Assurance documents, the neighborhood was not concerned with small-scale food businesses, but rather with larger restaurants with late -night hours of operation. The large scale development application submitted to the Planning Division proposes a 13,000 square foot restaurant and brewery, as well as areas for outdoor games and a stage for live music. This is not a neighborhood -scale cafe that can be compatible with residential properties. Rather it's a large-scale restaurant and entertainment venue that should be adequately separated from residential land uses. However, the applicant's proposed development should not be considered with this request, which is a zoning decision. Staff also has concerns with supporting the proposed amendment, since the applicant also needs a conditional use permit for outdoor music. Staff does not see any way to support an outdoor music permit on this property given the proximity of the site to the Centerbrook Subdivision. A decision to allow Use Unit 13 will lead to the applicant's subsequent request for outdoor music. Should the Planning Commission recommend in favor of the request, staff recommends the following conditions of approval: - The Bill of Assurance from 1995 contains several sheets from the zoning chapter of the Unified Development Code. These sheets are very outdated and don't contain many use unit listings that are necessary for the applicant to process the large scale development. For example, Use Unit 35, Outdoor Music Establishments was not a use unit in 1995 and is not even listed in the Bill of Assurance. Consequently, an outdoor music establishment cannot even be requested. Staff has attached a new listing of use units that we recommend adopting if the applicant's request is approved. The intent of this update is to add Use Unit 13 as a permitted use and use Unit 35 as a conditional use. 2. The amendments to the original Bill of Assurance shall only apply to the highlighted 2.24 acres shown in Exhibit "A" attached hereto. �Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5205 ADM CMN Business Park Bill of Assurance\03 Planni0g ptember 28, 2015 Commission\09-28-2015\Comments and Redlines enda Item 6 15-5205 Lot 6-CMN Page 2 of 43 3. All of the remaining conditions of the Bill of Assurance shall remain in force. PLANNING COMMISSION ACTION: Required / Date: September 28.2015 O Approved d Forwarded O Denied Motion Hoskins Second Selby Vote 6-2-0 The Planning Commission forwarded'the request (Chesser and Brown Notes: with a recommendation for approval. voted 'no') BUDGET/STAFF IMPACT: None ATTACHMENTS: • Original Bill of Assurance • Use Unit Exhibits • Written Request • Survey • Close Up Map • One Mile Map Planning Commission G:\ErC\Development Services Review\2015\Development Review\15-5205 ADM CMN Business Park Bill of Assurance\03 Plannir&ptember 28, 2015 Commission\09-28-2015\Comments and Redlines enda Item 6 15-5205 Lot 6-CMN Page 3 of 43 01:18/90 10:40 V1 501 575 8257 City of Faye 004 riLED FOR [a R RECORD 95 N0(117 pfj 2 36 9ASHIN6rp,r 00 qR K. HARNESS ORDINANCENO. MICROFILMED ICRO FILM, EyD AN ORDINANCE REZONING THAT PROPERTY DESCRIBED 1N REZONING PETITION R95-25 FOR A PARCEL CONTAINING APPROXIMATELY A TOTAL OF 40.68 ACRES LOCATED EAST OF GREGG, NORTH OF 71 BYPASS AND WEST OF 71 BUSINESS, SOUTH OF JOYCE STREET AS REQUESTED BY MEL MILHOLLAND ON BEHALF OF MARJORIE S. BROOKS AND NANCHAR, INC. 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: R95-25 for the real property described in Exhibit "A` attached hereto and made a part hereof_ From A-1, Agricultural District to C-1 Neighborhood Commercial District and A-1, Agricultural District and R-1 Low Density Residential District, to C-1 Neighborhood Commercial District with restrictions. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED AND APPROVED this 7th day of November , 1995. APPROVED: By: ' 1 Fred Hanna, Mayor ATTEST: By: Traci Paul, City Clerk 950623344 Plamission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 40143 01:18/96 10:47 '1 501 575 8257 City of Faye U005 EXi1IBiT "A" LEGAL DESCRIPTION FOR R95-25 A part of the SW Ik of the NW4, Section 26, T -17-N, R -30-W, more particularly described as commencing at the West 'k corner of Section 26, Thence N 02-28-46 E 272.02 feet to the Not of Beginning, Thence along the West boundary of Section 26 N 02-28-46 E 1049,53 feet to the Northwest comer of the SW'b of the NW'/a, Section 26, Thence along the north line of said 40 -acre tract S 87-10-11 E 440.01 feet, Thence S 02-28-46W 1051.54 feet, Thence N 86-54-28W 440.03 feet to the Point of Beginning, Containing 10.61 acres more or less, all in the City of Fayetteville, Washington County, Arkansas. ALSO: A part of the West% of Section 26 and a point part of the East% of Section 27, all lands located in T -17-N, R -30-W, and more particularly described as commencing at a State Monument at the SE corner of said Section 27; Thence along the East houndary of said Section 27 N O2-28-46 B 1385.54 feet to a point on the North Right -of --Way of U.S. 71 Bypass and continuing thence along said Right -of -Way N 69-22-49 B 1,56 feet to a point at the SE corner of Centerbrook Subdivision, said point being the point of Beginning: Thence along the East boundary of the Centerbrook Subdivision N 02-34-19 E 1088.91 feet to a Concrete Monument at the NE corner of said subdivision,Thence along the North boundary of the Centerbrook and Johnson Road Subdivisions N 86-54-28 W 1549.37 feet to the East Right -of -Way of the .Arkansas -Missouri Railroad (St. Louis and San Francisco Railroad), Thence along said railroad Right -of -Way N 01-33-44 E 440.16 fee₹, Thence $ 86-54-28 E 1993:24 feet, Thence S 02-2846 W 1337.18 feet to the North Right -of -Way of U.S, 71 Bypass, Thence along said Right -of -Way S 69-22-37 W 368.58 feet to a Concrete Righ₹-of-Way Marker; Thence S 69-22-49 W 108.22 feet to the Point -of -Beginning, Containing 30.07 acres, more or less, all in the City of Fayettevilte, Washington County, Arkansas, 95062335 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 5 of 43 REZONING REQUESTS R95-24 & R95-25 MUTUAL AGREEMENT SIIRMinrm TO: FAYF,TTEVILLE PLANNING COMMISSION FAYETTEVILLE CITY COUNCIL FAYET TEVILLE CITY STAFF DE3MOTER s: NANCHAR, INC. & MARTORIE S. BROOKS July 7, 1995 ENGINEER: Melvin L. Milholland, P.E., R.L.S.. MILUOLLAND COMPANY ENGINEERING & SURVEYING 205 West Center Street Fayetteville, Arkansas 72701 Telephone: (501) 443-4724 Facsimile: (501) 443-4707 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 6 of 43 July 7, 1995 S azeerinp a'S Juv� ytrei 205 WEST CENTER FAYETTEVILLE. ARKANSAS 72701 ($01) 443.4724 FAX 443.4707 Fayetteville Planning Commission Fayetteville City Council Fayetteville City Staff PROJECT: NANCHAR, INC. & MARJORIE S. BROOKS PROPERTIES BETWEEN FULBRIGHT EXPRESSWAY AND NWA MALL AR. R.L.S. NO. 648 AR. P.E. NO. 3825 OKLA. P.E. NO. 10740 OKLA. R.L.S. NO, 1038 AGENDA ITEMS: REZONING REQUESTS R95-24 AND R95-25 RE: MUTUAL AGREEMENT BETWEEN OWNERS & DEVELOPERS Attached hereto is a mutual agreement between the RESIDENTS OF "CENTERBROOK SUBDIVISION" and NANCHAR, INC. & MARJORIE S. BROOKS, relative to said rezoning request. The agreement depicts a restricted C-2 zoning for properties adjacent to said subdivision, as described in EXHIBIT "A" of the agreement. Both parties trust that the efforts put forth to develop this agreement will be of assistance in your review process. Your consideration of the attached is very much appreciated. Sincerely, Melvin L. Milholland, P.E., R.L.S. Project Engineer cc: file RESIDENTS DEVELOPERS Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 7 of 43 I am a resident/owner of a lot in the Centerbrook Subdivision. I agree to be represented by the following persons in negotiations with NANCHAR, INC. and MARJORIE S. BROOKS, the developers of the property adjacent to the east and north of Centerbrook Subdivision, which is being considered for rezoning. Jay Ellis 2441 Northwood Ave. 521-6592 Charles Davis 3359 Sandpiper 444-7562 Glenn Clancy 3549 Sandpiper 443-9445 Linda Hatcher 3532 Northwood 443-5294 LaGayle McCarty 3504 Northwood 444-7183 Signature/Print Name Address Phone Number t i i. \f4+h '''h a'sQtrta \ 1+2 NM 3'4x7 5aN �p,a 2 fl$ -O .n+arv� qLr( ScL . t n 34 I ��( t rk ' 1.� St ¼- ii �1 -� crF \QLQ25 1 =tI_ter Cwot>twll yZ IM Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 8 of 43 L, Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 9 of 43 IC) Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 10 of 43 TO: MILNOLLAND COMPANY AND NANCHAR, INC. FROM: CENTERBRCOK SUBDIVISION RESIDENTS DATE: JUNE 27, 1995 SUBJECT: Concerns of residents of Centerbrook S/D with respect to a request for rezoning of property adjacent to the Centerbrook Subdivision. The following is a list of initial concerns from the residents of Centerbrook Subdivision (as a result of a June 19, 1995 meeting) with respect to the proposed. rezoning of property adjacent to Centerbrook Subdivision, and may be amended as additional information is obtained: 1. That Northwood Avenue not be opened. 2. Buffer zone/fencing/vegetation 3. Drainage 4. Proximity of proposed North/South road. 5. Type of development: Compatible materials (not metal). No apartments or duplexes (maybe upscale condos). Businesses that operate within normal business hours, ie. Monday through Friday, 8:00am to 5:00. (No target or K -Mart, etc.) A Planning Commission September 26, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 11 of 43 1 l 11 11 11 1.1 II 11 11 it 11 II 1 11 II 11 II ii. II II II 11 II' II r nr7 // f /' /_L'p3 �Nc.'' : r / EXT. I a I-1 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 12 of 43 TO: THE FAYETTEVILLE PLANNING COMMISSION AND THE FAYETTEVILLE CITY COUNCIL This 7w day of .1 L,� - , 1995, the RESIDENTS OF CENTERBROOK SUBDIVISION, hereinafter referred to as "Residents" and NANCHAR, INC. and MARJORIE S. BROOKS, hereinafter referred to as "Developers" hereby submit the following for consideration: I. BACKGROUND. 1. The Developers have submitted an application for the rezoning of certain real property immediately adjacent to the east and north boundaries of Centerbrook Subdivision. 2. The Residents, through their designated representatives, have expressed to the Developers their concerns in regard to such development and their desires to preserve the character of their neighborhood. 3. Through negotiation, the Residents and Developers have reached certain agreements in regard to the property described in Exhibit "A", attached hereto and made a part hereof; II. AGREEMENT. 1. RESIDENTS: Contingent upon approval by the Planning Commission and the City Council of all sections and clauses of this agreement, the Residents hereby express their support of rezoning requests R95-24 and R95-25. - 2. ' DEVELOPERS: Contingent upon approval by the Planning Commission and the City Council of rezoning requests R95-24 and R95-25, the developers agree as follows: a. The Developers agree they shall not request or pursue the opening of Northwood Avenue. Further, they agree to support the residents and advocate to the Planning Commission and the City Council that Northwood Ave. shall remain closed. b. The Developers shall reserve on the final plat and in the subdivision covenants a 2O' strip running adjacent to and along the entire east boundary and a 15' strip running adjacent to and along the entire north boundary of Centerbrook Subdivision as a "natural buffer". Such buffer shall serve as a noise and sight buffer between the two zoning districts and shall remain in its natural state. c. Developers shall require the placement of a solid fence or a masonry wall not less than 6 feet in height along the east boundary and the north boundary of the natural buffer. The materials used shall be consistent and compatible with the 1 Planning Commission September 26, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 13 of 43 materials used for the building construction. Such requirements shall be reflected on the final plat and in the subdivision covenants. d. Developers hereby agree to calculate the rear setback from the fence provided for in c. above, instead of the rear property line. This yields a minimum of a 40' building setback, in lieu of a 20' setback from the subdivision boundary, on the east, and yields a minimum on a 35' building setback, in lieu of a 20' setback from the subdivision boundary, on the north. These building setbacks will be reflected on the final plat and in the subdivision covenants. e. Developers agree to calculate the height regulations set forth in the Code of Fayetteville from the placement of the fence instead of the subdivision boundary, and such shall be reflected on the final plat and in the subdivision covenants. f. Developers agree to impose restrictive covenants, in regard to the construction material allowed, which are consistent with those covenants imposed in the CMN Business Park - South. g. Developers shall design and construct a drainage system in compliance with the Drainage Control Ordinance and the Drainage Design Manual of the City of Fayetteville. The drainage plan shall address all drainage adjacent to the Centerbrook Subdivision and shall provide for a system to relocate the drainage onto the Developers' property. The system shall be approved by the City Engineer of the City of Fayetteville. h. Developers agree to restrict the following uses which may otherwise be allowed in a c-2 zone for that area described in Exhibit "A": (those areas stricken are designated below with the letter, word or phrase stricken out). USES BY RIGHT: Unit 1 - City -Wide Uses by Right - consists of public uses, essential services, agricultural uses, open land uses, and similar uses which are either subject to other public controls or which do not have significantly adverse effects on other permitted uses and are, therefore, permitted as uses of right in all districts. Includes: -Agricultural, forestry, and fishery: fields crop farms fishery 2 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 14 of 43 forest fruit, tree, and vegetable farm -Essential services located in public rights -of -way: fire alarm box fire hydrant passenger stop for bus police alarm box sidewalk street, highway, and other thoroughfare street signs, traffic signs and signals utility main line, local transformer and station and similar facilities customarily located in public right-of-way -Recreation and related use: arboretum historical marker park area parkway wildlife preserve -Water facilities: reservoir (open) watershed conservation or flood control project Unit 4 - Cultural and Recreational Facilities - consists of cultural and recreational uses to serve the residents of the community. includes: -art gallery, library, museum -child care center, nursery -church -college er-nnivers#ty -dormitory - -auditorium -atad4nm -community center -detentien-home -golf courses -hospital -park -playfield, playground -private-e1ub-er-*edge -riding stables -school (elementary, junior -swimming pool -tennis court -theater (legitimate) -eee school high, senior high) Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 15 of 43 Unit 12 - Offices, Studios and Related Services -consists of offices, studios, medical and dental labs, and other compatible or supporting services and sales. includes: -advertising agency -artist's studio -barber and beauty shops with six or few chairs -computing service -data processing service -drafting service -dental clinic -financial institution -funeral home -medical clinic -office buildings -social and welfare agencies -studio for teaching any of the fine arts -sales of supplies and equipment: architects and artists supplies business machines dental supplies medical and optical supplies office furnishings scientific instruments services: - aute-parking-garage blue printing employment agency photo copying printing ticket office (transportation and amusement) travel agency veterinary small animal out -patient clinic mac "C,-' C- ✓2- dancing or entertainment. Metain--nt. * NOTE: No Fast Food Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 16 of 43 Hnit-44---Hate};-Mate}-end-ismasement-Fae3}hies ------eeneiete-e€-bete}s--mete}s-end-eertain-types-a€-emasement €aei}ities- -----ine}udest ---&anee-ha}} ------hate} ------memership-}edge ------mete} ------tavern Unit 15 - Neighborhood Shopping Goods - 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 areas-. includes: -retail trade: bookstores food: bakery food specialties store &4 dairy products grocery ft rupermarkets- delicatessen health food store drug store florist hardware store home furniture store service establishment dry-cleaning barber and beauty shop laundry news and magazine stand }eady-{eain-eperated} serv#ee-etaten picture framing (retail) Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 17 of 43 Unit 16 - shopping Goods -stores selling retail goods which are ordinarily purchased less frequently and often have a community -wide or regional market. includes: -retail trade establishment: antique shop apparel and accessory clothing fur apparel }#elver -stare millinery shoe tailoring -automotive-marine craft establishment: aate-aeeessery-stare ante-sa+es beat-and-aceesseries bicycle shop book store camera shop dry goods garden supply -general merchandise establishment: department store mail order trading stamp redemption store hardware store hobby shop home furniture: appliances china glassware draperies curtains floor coverings furniture music instruments radio and television store record and tape shop jewelry leather goods and luggage optical goods pet shop sporting goods stationery store toy shop -service establishment: branch community facility Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 18 of 43 library post office -personal service: aate-renta}-ageney-of€4ee barber and beauty shops with more than 4 chairs costume rental service detective service dry-cleaning service interior decorating optician -optometrist photofinishing photographic studio picture framing reading rooms reducing salon sign-pa4nt4ng social and welfare agencies gun smith lock smith watch and jewelry repair renspertaten-eerv4eee ----------19us-stat4en ----------eXpress-serviee ----------he+istep ----------ra4}way-term4na} ----------ta 4eab-eta4en Unit 17 - Trades and Services -engaged primarily in providing household and automotive 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. includes: -rea4}-trade-esab}tkment;-1enera}- ----------automotive-se}ee,-sere4ee-end-epa4r;' ---------------the}ueitng-Seely-shep ----------19ess es --------- ma#}e-kteme ----------meter-eye}e--the}udtng-servtee-end-rep�4r ----------trueks;-4neel4nei-servee-en-repa4r;- ----------trat}ers;-esmp4ng;-kau}4ng;-travel ----------used-ear-lets ----------€arm upp}tes-anei-equ}pen-- ---------------the}uding-serv4ee-and-repair _--------_genera}-merehanel4se-estab#aliment-tdtreet-se}}tug} ---------- vend4ng-meeh*ne-eperat#ens ----------4nst4tut4eneI-€urn4ture-and-€urn,sh4nge ----------marine-eret;-sales-anal-servee- Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 19 of 43 ---------------beats-end-aeeesseries medical and orthopedic appliances personal help: animal-hesptai ---------------auetieneer barber and beauty shops bindery ---------------eabinet-maker -------------- £resen-eeel-}esker drapery service dry cleaning iaunetry linen-supply-en-industria-aundry ---------------p a ek i ng -e n el- er a ti ng rug cleaning taxidermist ---------------tee}-sharpening -----------repeir-serviee- ---------------armatare-rewinding ---------------aute-repair --------------eats-wash ---------------a}eetriea}-reeir-serviee ---------------furniture ---------------mattresses ---------------meters radio and television repair shoe tailoring ---------------reupheistery ---------------rug-repair Halt-l8---basens-Serviee-Statiens-and-Brine-fin-Restaurants ------gemeiine-serviee-statiens-and-driveinrestaurants can be signi£ieantiy-ebeetienebie-te-nearbyuses;-se;-therefere;-have been-alieweel-eniy-in-distriets-Where-neeessaryterevide-this use- - -----3ne}uded- ------gase}ins-serviee-statien ------sa£-serviee-ante-wash-in-een5unetien-with- ----------e-gase}ins-serviee-statien ------dries-in-restaurant Snit-±9--eammereiei-Reereat4en ------eemmereial-amusements-whieh-erdineri}y-fie-net-require-}ergs sites-end-eten-seek-ieeatien-in-er-neardeveiee6 eemmereiai areas Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 20 of 43 -----ineluded- -- ---bH ard-en-pae-parser ------Hewl4n-aHep ------demine -----s+et-ear-traek ------skating-rink ------penny-areade ------indeer-theater Wnit-29---eemmereia3-Reereatien;-Large-Sites ------eammereia-reereetian-€eeil4ties-whteh-are-nano ly eandeted-ant-e€-deers;-en-arge-sites;-anal-in-udeve}ape; etttiping-parts-e€-the-eity---ruses-in-the-arrest-have-en-adverse e€€set-en-eertein-ethe-uses;-n-that-they-are-often-neip-end are-arge-Lrale-eneraters- -----ineuded- ------amuement-perk ------drag-strip ------drive-in-heater ------€airgrennds ------€fishing-deek ------ge-eart-traek ------gel€-range ------minieture-ge4€ ------reee-freak BMt-24---eutdeer-advertising ------eensists-e£-autdeer-advert#sing-signs-tblllheards}-en-whieh speee-4s ±eased-er-rented-bp-the-rimers-tkeree€-te-others-€er-the purpose-e€-eenveping-s-eemmereie�-er-neneemmere4t3�-mess�ge-- eutdoar-edverf?is3ng-is-set-€arch-es-e-sing4e-itse-snit-in-girder-ta prav4de-maximum-eentre�-aver-the-leeatien-a€-eutdeer-advertising signs- * NOTE: It is our understanding that Use Unit 25 is also an allowed use in a C-2 zoning district. Unit 25 - Professional Offices -small professional offices that are compatible with medium and high density residential areas. includes: -office for no more than four doctors -office for no more than four dentists -insurance sales Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 21 of 43 -studio for teaching -photography studio -welfare agencies -architect -engineer -attorney -accountant -business or management consultant -realtor -broker -interior decorator -veterinary small animal out -patient clinic any of the fine or liberal arts CONDITIONAL USES: Unit 2 - City Wide Uses by conditional use Permit -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 district. includes: -public and private facilities: antique shop aper;-ping-€#e}fie-and-kepert bed and breakfast facilities campground plant nursery sewae-dtspesa}-€ae#}iny ---------=se}iel-waste-d€spegai-€ae4}itp ----------water-reereaten-area -temporary facilities: earniva};-e4reae-and--ent-revVa} ---eenstret#en-€aeiHty real estate sales office located at a specific location in an underdeveloped or partially developed subdivision and operated for the purpose of developing said subdivision saniary-}and€ili-area Unit 3 - Public Protection and Utility Facilities -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, and 10 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 22 of 43 b) have requirements for specific locations or are needed to serve residential neighborhood or other local areas, and c) are, therefore, permitted only on review. includes: -facilities of public service corporation to}epkene;-to}edsen ------etke-nt4tp-enel-preteetee-€ae4}4ties ----------a#Tway-beaeen fire protection police protection ----------pnb}4e-nt4}4ty-me4ntenanee-bn#}eling;-werehease;-er- sterag a-3act4 } e14ng- ----------waterpipe}#ne-r4gkts-e -way;-treatment-pant;-water- sterage-fae#}#ty ----------rareael-r4gks-a€-way eeauerxn#ea±en-and-at#}4y-- transmtss#an-}#ne-rgkts-eE-way * NOTE: the above restricted uses are applicable to above ground facilities, not those located below the ground. Unit 21 - Warehousing and Wholesale -includes warehousing, wholesaling and trucking of the type which is usually located to serve the central business district and is easily served by rail and highway transportation. includes: -warehense3 -----wke}esa}e-estab}skments ------trctek4ng-esabskments ------bn#}d4ng-mater4-eetab}4skens ----------ear-eane14t4enng ---------bn#}e1ng-mater4a}s --------- eeetea}-snpp}y -------=--g}ass ----------keat$ng-en4pmenf ----------}umber ----------paint ----------p4nmb3rtg-spp}4es ----------wall-paper ------€tte}-anal-4ee-esteb}4skments ----------betted-gas ----------€rte}-dealer ----------iee-hauee ------men rtmert -One+u4tng-preeess±ng 11 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 23 of 43 -----vendng-machines ------servee-estab}ishmenst ----------disin€eeting-and-exterminating-services ----------fanerie}-cervices ----------wndew-e}caning-serviee -----eentraeeenstruetienservieet ----------bni}ding-eenstruetian ----------carpentry --------- eesspaa}-e}canng ------ eenerete decorating e}eetriea} ----------€urnaee-e}eaning ----------heating ----------heavy-eenstruetien ----------masenry ----------ei}-we}}-dri }}ing ----------painting paper hanging ----------p}astering ----------plumbing ----------ree€ing ----------sheet-meta} ----------stonework ----------ti}e-setting ----------water-we}}-dri}}ing ----------heneing-€er-eeretekera--- Hnit-�B---Eenter-€er-Ee}}eeting-Reeyeiab}e-Materia}s DEVELOPERS: NANCHAR INC. AND MARJORIE S. BROOKS BY: / 'zi% Signature -oit "Dsy«o o tJ" /1/)L / i///J L /1_ /1 f/0L L 4/10 Print Name p1eodGc'6[N6w /L Title ZOS to. C'ef/ 2$-Z f r�1Fr.vr7t6 Address 5o/ -4' y3- 4L7a-SL Phone Number 12 Planning Commission September 20, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 24 of 43 RESIDENTS: Signature �H s C Print Name _... 3359 & t t Pmt fr ' Address /Lz6ale /ane Print Na e /� 3 S oc/ 4'a 4/t� fly Address 1 Y CHs Print Naniei 3HHI cr' iwtod Me. flay Address (so() szl-659z Phone Number il Signature rn- Print Name/ 3S3 �o(fileoazt ,4ve- . Address `SG/') g 3 53% L Phone Number 13 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 25 of 43 Signature 6lenli b, Print Name f9 Sc,4J err 5T Address yy�- 9vs Phone Number 4 Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 26 of 43 A&d 622 7 W3 p AR. R.L.S. NO, 648 rl�//•..CJiC GE2lY/C (ilC(.l f,J(C/°�C'C.!/C ✓ AR. P.E. NO. 3825 !!!f/G'�Lt� l�Oflaitd •ZGl- OKLA. P.E. NO. 10740 205 WEST CENTER OKLA. R.L.S, NO. 1038 FAYETTEVILLE, ARKANSAS 72701 (SO1) 443-4724 FAX 443.4707 October 31, 1995 CITY OF FAYETTEVILLE PLANNING DEPARTMENT ATTN: ALETT LITTLE, DIRECTOR 113 WEST MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 RE: AMENDED BILL OF ASSURANCES C-1 REZONING R95-25 NANCHAR, INC. AND MARJORIE S. BROOKS, OWNERS Dear Alett, C On July 7, 1995, the "RESIDENTS" of CENTERBROOK SUBDIVISION and the "LAND OWNERS", NANCHAR, INC. And MARJORIE S. BROOKS, entered into an agreement, or a Bill of Assurances, relative to the rezoning request by the LAND OWNERS to restrict certain uses in the units allowed in the C-2 zoning requested by the LAND OWNERS. The lands within this agreement were adjacent to the said subdivision boundary. This was accomplished in the form of striking out undesired uses in each UNIT as depicted in Exhibit "A" of said agreement. :The C-2 UNITS that were listed in said agreement are as follows: USES PERMITTED: UNIT 1 - City -Wide Uses by Right UNIT 4 - Cultural and Recreational. Facilities UNIT 12 - Offices, Studios and Related Services UNIT 13 - Eating Places (Total Unit Stricken) UNIT 14 - Hotel, Motel and Amusement Facilities (Total Unit Stricken) UNIT 15 - Neighborhood Shopping Goods UNIT 16 — Shopping Goods Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 27 of 43 C UNIT 17 - Trades and Services UNIT :18 - Gasoline Service Stations and Drive -In Restaurants .(Total Unit Stricken) - UNIT 19 - Commercial Recreation (Total Unit Stricken) UNIT 20 - Commercial Recreation, Large Sites (Total Unit Stricken) UNIT 24 - Outdoor Advertising (Total Unit Stricken) UNIT 25 - Professional Offices (Not Allowed by C-2 Zoning but recommended by Residents) USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION: UNIT 2 - City -Wide Uses by Conditional Use Permit UNIT 3 - Public Protection and Utility Facilities UNIT 21 - Warehousing and Wholesale C UNIT 28 - Center for Collecting Recyclable Materials (Total Unit Stricken) The Planning Commission Recommended the lands adjacent to said CENTERBROOK SUBDIVISION to be rezoned C -1, instead of C-2. The Residents have requested and the LAND OWNERS respectfully concurred with their request to use the same restrictions on Uses in Units allowed; in C-1 that were also allowed in C-2, which are- the following: - USES PERMITTED: .UNIT 1 '- City -Wide Uses by Right UNIT 12 - Offices, Studios and Related Services UNIT 13 - Eating Places (Total Unit Stricken) UNIT 15 - Neighborhood Shopping Goods UNIT 18 - Gasoline Service Stations and Drive -In Restaurants (Total Unit Stricken) UNIT 25 - Professional Offices Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 28 of 43 �r USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION: UNIT 2 = City -Wide Uses -by Conditional Use PerMit - UNIT 3 - Public Protection and Utility Facilities UNIT 4 - Cultural and Recreational Facilities All other parts 'of said agreement shall remain the same. Please accept this as the LAND OWNERS and the RESIDENTS request to AMEND their agreement, or Bill of Assurances, as stated above. Respectfully submitted, LAND OWNERS: NANCHAR, INC AND MARJORIE S. BROOKS: , P.E. for LAND cc: file Charles Davis for RESIDENTS j Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 29 of 43 PROPOSED USE UNIT RESTRICTIONS IF THE CITY COUNCIL RECOMMENDS IN FAVOR. 161.18 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right WEIR 5 Gever tment-Fasiti(ies Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline drive service stations and intd4ve4 h-restaura4ts Unit 25 Offices, studios, and related services Unit 44 Gotta e ets4g-PeveJapm eat Unit 16 Srt1811-sea a etieR (2) Conditional uses. City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities k35 Unit Liquor otorec Outdoor music establishments* Wirelesscommunisationc facilitioo*Sidewalk-Cafe6 Unit 12 Clean toohnoloioc (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 10 ft. Rear 20 ft. (F) Building height regulations. [Building Height Maximum I 56 ft *Any building which exceeds the height of 20 feet shall be setback from any 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 40% of the total area of such lot. Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 31 of 43 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 162: USE UNITS 162.01 ESTABLISHMENT/LISTING 162.02 INTERPRETATION .............. 162.03 CONDITIONS OF USE......... 162.04 ENCLOSURE OF USES ...... 162.05-162.99 RESERVED ............... Planning Commission CD 162:1 September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 32 of 43 Fayetteville Code of Ordinances Planning Commission CD162:2 September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 33 of 43 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 162: USE UNITS 162.01 EstablishmenUListing 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 I City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit -S eovernmeet-facilities Unit -6 Agrioufture Unit -7 Animal -husbandry Unit -8 Sin Ie-fam-dwelfln s Unit9 Twe-fa elu Unit -40 three-fami -dwe4in Unit -44 Manufaetured-ho Ueit42 Limited -business Unit 13 Eating places Unit -44 HateMmetslantlamusemeRtfacilities Unit 16 Neighborhood shopping goods URIt44 Shopping -goods Unit47 T+'anspodation Tsades-and-services Unit -16 Gasoline --service -stations-and-drive-inldrive through -restaurants Unit -49 Cemmereial-recreation,-small-sites Unit -20 Commercial -re sreafiea; la asites Unit -24 Warehous.. and wholesale Unit -22 Manufacturing Unit -2 2 Heavy -industrial Unit -224 Home-ostupatien Unit 25 Offices, studios, and related services Unit -26 Multl-famil dwelling s Unit -27 Wholesaleegalo bulkpetroleum -storage facilities wittwnder g round sto e -tanks Unit28 Canter -for eallectiR -res clable-mateaals URit-29 Dance -hats Unit -39 - __s Unit -34 Facilities-emitting-odors-;&-facilities-handling explosives URit33 Sexually -oriented -business Unit -33 Adult eRte#alnmentskrb-w-ar Unit -34 9 uor-stores Unit 35 Outdoor music establishments Unit -a6 Wheless- Unit37 Manufactured -homes Unit -38 MAnistora 9 e-ut3Rs URit29 Auto -salvage and-junk-ards Unit -40 Sidewalk -Cafes Unit -44 Accessory -dwellings Unit -42 Clean-tethnoloqies Unit -43 Animal-boarding-and4rainiR Unit -44 Cott e-Housin -Development Unit45 Small -scale -production (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 significantly 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 crop farms fishery: -Fishery 'Forest fruit, tree, and vegetable farm Essential services located in 'Fire 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 public right-of-way Recreation and related use: 'Arboretum -Historical marker -Park area -Parkway 'Wildlife preserve Water facilities: 'Reservoir, open -Watershed -Conservation or flood control project (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 and breakfast facilities' Campground Community Recycling Drop-off Facility Landscape contracting Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 34 of 43 Fayetteville Code of Ordinances • • 'Plant nursery • RV sewage disposal facility • Solid waste disposal facility • Water recreation area Temporary facilities: • Carnival, circus, and tent revival' • Commercial facilities • Real estate sales office (located at a specific location in an underdeveloped subdivision and operated for the purpose of developing said subdivision) • School and church facility (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. Facilities of Public Service 'Electric regulating station Corporations: - 'Pressure control station •Transmission station for tower, radio, telegraph, telephone, television Other utility and protective 'Airway beacon facilities: 'Public utility maintenance building, warehouse, or storage building 'Water pipeline rights -of - way, sewer or water treatment plant, water storage facility Railroad rights -of -way Communications and utility transmission line rights -of - way (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;*tadium Art gallery, museum Cemetery Child care center, nursery school Church College o Community center Crematorium Eldercare Hospital Mausoleum__ Playfield, playground Ptivate4slub-er4od e School: - 'Elementary •Junior High •Senior High Swimming pool Tennis court Theater (legitimate) CD162:4 Cross-reference(s)--Parking and Loading, Ch. 172. (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 drive-ins, which do not provide dancing or entertainment Restaurants Cafe's (O) Unit 15. Neighborhood shopping goods. (1) Description. Unit 15 includes a variety of frequently purchased commercial goods, where convenience of location is more Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 35 of 43 TITLE XV. UNIFIED DEVELOPMENT CODE important than comparative shopping. These uses are grouped in limited areas while prohibiting all others not necessary near the residential districts. All uses Self rewire-auto-wash-(M--cr+n}rms€ion—wi£h—a—gasaGne classified under Use Unit 15 must be within a sewisestatler = building containing 25,000 square feet or 9rive-irr/drlve-ihroughrestauranl less (Y) Unit 25. Offices, studios and related services. (2) Included uses. Personal services •Barber/Salon 'Dry cleaning a 'Tailoring Retail 'Apparel and accessory 'Bakery, pastry shops 'Bicycle shop 'Bookstores 'Coffee shop •Delicatessen 'Drugstore • 'Electronics 'Florists 'Food specialty stores •Furniture and Home Decor -{ifeaeFy 'Hardware store 'Health food store 'Hobby/craft shop 'Ice cream 'Jewelry/watch sales and repair •Meat market 'Music instruments 'News and magazine stand 'Optical goods Pet shop 'Photography Studio 'Picture framing 'Shoe store 'Sporting goods 'Stationary store 'Toy store 'Video rental Vehisular Salo "fir •Autemebile display-only) -AW/Motercysle -@eatPersenat 11,�..torcr .f!SOW`) (R)--UnitesS Casey^ ^^ iens—and—dcive- in/drivo through -restaurants aliens -and drive-ia--restew ants- ean--be—signifieant1y ebjocticnblc to nearby --uses so, -the efo,o havo been allowed only in dislilcis where necessary te-previde-hisuse-. (1) Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales. (2) Included uses. Medical Clinic: • Dental office/clinic • Medical office/clinic Professional • Accountant office: • Architect • Attorney • Broker • Engineer • Realtor 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- patient clinic _______________ Studios: • Artist's studio • Photography studio • Studio for teaching any of the fine or liberal arts (II) Unit 35. Outdoor music establishments. * CD162:5 (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 Planning Commission September 26, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 36 of 43 Fayetteville Code of Ordinances or loud music is played that could be audible at nearby residences or businesses. (2) Included uses. Outdoor music establishments * Unit 42. Clean All uses within Unit 42 are technologies permitted with a maximum gross floor area of 5,000 square feet Microbrewery; '' Maximum gross floor area of microwinery; 10,000 square feet for the microdistillery manufacturing portion of the facility and production of less than 15,000 barrels per year Boutique/specialty 'Specialty food manufacturers manufacturing with or without a retail store front (maximum gross -Coffee roasting facility floor area of 'Other specialty manufacturers 5,000 square that have minimal impacts to feet) adjoining properties compared with what is typically generated by similar uses within the designated zoning district, as determined by the Zoning and Development Administrator idewatk-Safes (PP -)-Unit (1)--Dccodfpf/on. —Unit-42 consists —of uses —that fabricate or produce goode and corvicoc at gret{; reds se,r—eliminate—negative CD162:6 or improve the productive and responsible uco of neturaFreseurse& Predustion of Materials S 'Energy infrastructure 4iilsrgysffisiensy management 4Matorials and recycling management -#ansportatien. logistics -€avironmenta' nleaaup �y -Scientific or tech vided in order that re -permitted bYd ConditionalUse Permsin single fa..:. zoning districts. (2i--Included-uses Sot4qe-Hou&ng Developments 1pten--Unit 45 is provided in order that iaec ^.Wed-,yaciely—andm 4e-,, w�.^ iIity of no,T residential-gseds; seR4Ges�,e„f teatece.s may bo-9'ovid. in'piece _proximify 2Fie&deees-and comm . The_ �rhava-"averse-impacts-besat.ise-ef high traffic,-deliveg vehi^ ^ ^ se er-odors and-may'they-we t nelimited iteQ�,,.d :n..stze (Code 1965, App. A., Art. 6(A), (F); Ord. No, 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; 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, 4,5-21-96; 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), 3-5-02; Ord No. Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 37 of 43' TITLE XV. UNIFIED DEVELOPMENT CODE 4423, §1 (Ex. A), 10-02-02, Ord. 4728, 7-19-05; Ord. 4913, 8-15-06; Ord. No. 4919. 09-05-06; Ord. 4930,10-03-06; Ord, 4946, 11-21-06; Ord, 5028, 6-19-07; Ord, 5128, 4-15-08; Ord, 5203, 12-2-08; Ord. 5195, 11-6-08; Ord. 5226, 3-3-09; Ord. 5238, 55-09; Ord. 5312, 4-20-10; Ord, 5312, 4-20-10; Ord. 5338, 8-3-10; Ord. 5339, 8-3-10: Ord. 5352, 9-7-10; Ord. 5462, 12-6-11, Ord, 5668, 3-18-14; Ord. 5735, 1-20-15; Ord. 5772, 5-19-15) Cross reference(s)—Use Conditions, 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(B); Ord. No. 1747, 6-29-70; Ord. No. 2181, t-6-76; Code 1991, §160.056; 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) 162.05-162.99 Reserved Planning Commission CD162:7 September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 38 of 43 Lt Bates x 7 Associates] nc. —civil Engineering Land Surveying • Landscape Architecture 7230 Pleasant Ridge Dr. / Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 September 2, 2015 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: JJ's Beer Garden & Brewery — ordinance #3936 Dear City Staff, The owners of JJ's Grill and Brewing Company would like to amend the Bill of Assurance approved with the rezoning of the property back in 1995 and remove the restrictions to Lot 6 and allow eating places. There was an agreement between the neighbors and the developers that eating places would not be allowed on the lots adjacent to the subdivision. However, this lot has been split and the JJ's property would not be adjacent to the subdivision. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely Bates & Associates, Inc. Evan Niehues, RLA Planning Commission September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 39 of 43 EXHIBIT "A" PROPERTY LINE ADJUSTMENT ,0TAL ACREAGE _. .. PARCEL YT65-22235-000 PARCEL 3765-22234000 . `. 631 ACRES " - .. .. uV..'.s wii 34¢.34. - ........... .. A iy r , , so row rso• PARCEL fO6 ..'223A�000 A.0 ACRES •f- (PREMous)) a06 ACRES 3h ADmstf0l .„ -Lli1 _ September 28, 2015 Agenda Item 6 15-5205 Lot 6-CMN Page 40 of 43 Agenda Item 6 15-5205 Lot 6-CMN Page 41 of 43 ADM 15-5205 Close Up View _ t CMN BUSINESS PARK, LOT 6 -..x�A� a��v�'`=��,&�•.;�.}rtY^`.,e"w',�.cF�.JCF #mss'"+`_`.' SUBJECT PROPERTY 7 VAN ASCHE1CCP RSF-0 L. nd a i Z Shared-Useeeaved Trail Neighborhood/Park Trail Natural Surface Trail - - Fayetteville City Li its Footprints 2010 Hillside -Hilltop Ov nay District [_ ] Design Overlay Di trict 0 125 250 500 750 1.000 ------ Planning Area Feet Planning Commi it September 28, 21 15-5205 Lot 6-CMN Page 42 of 43 c/ # ft a. 4*d a t Y -?.t -" J C&t d./ s Z7 A✓ .W10 -'r.. What are the Restrictions on Development of Commercial Property adjacent to the Centerbrook Subdivision in Fayetteville, Arkansas The July 1995 Agreement (the "Bill of Assurance") between the residents of the Centerbrook Subdivision and the owners of the adjacent commercial property placed restrictions on the development of the commercial property including not allowing restaurants to be built on the adjacent property. Exhibit A of the Agreement specified the restricted adjacent areas as being: "A 400' strip running adjacent to and along the entire east boundary and a 400' strip running adjacent to and along the entire north boundary of the Centerbrook Subdivision, as recorded in the office of the Circuit Clerk and Ex -Officio recorder of Washington County." This was the entire definition of the restricted areas contained in the agreement and there were no drawings attached to the agreement to further illustrate the restricted area. The restricted area defined in the agreement is shown on the sketch below: the Dr RESTRICTED PROPERTY A 400' strip running 40 ft. adjacent to & along the entire NORTH boundary of the Centerbrook Subdivision 400 ft. RESTRICTED a PROPERTY M "A 400' strip • running 50 adjacent to & along the Homes r entire EAST of the z bounedary Centerbro6k of the Centerbrook Subdivision Subdivision" `o� C Approx. size & location of proposed building An October 31, 1995 letter from the commercial property owner to the City regarding the July 1995 agreement did not alter the definition of what commercial property was restricted. The sole point of the letter was to affirm the restrictions would be unchanged if the commercial property was changed from C-2 zoning to C-1 zoning. NORTHWEST ARKANSAS Democrat 0axettic P.O. BOX 1607: FAYETTEVILLE, AR. 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM RECEIVED AFFIDAVIT OF PUBLICATION N0V ®9 2015 I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the C$ OF ERKsB� Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5816 Was inserted in the Northwest Arkansas Democrat Gazette on: October 29, 2015 Publication Charges: $ 103.76 Cathy Cathy Wl eslesl Subscribed and sworn to before me This 4 dayofJ"sj ,2015. Notary Public My Commission Expires: tp (i,{ Ill **NOTE** 1\L'Iav Please do not pay from Affidavit.; Inioicey}II tiee-i It, �{7{{iltV.