HomeMy WebLinkAboutOrdinance 5816IIIII
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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�,
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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