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Home My WebLink AboutOrdinance 5626I1o1111�1111,IllIll111.1II.1I1I11111111Nllllllllil1lB111>,II11I111N11111 REL KLnd: OAOIf�lANCE Recorded: 11/18/2013 at 10:12:14 AM FeehinAe Amt: $3C it 'I*" of 4 Kyle Svlvester CLrouSt Clerk F1102013-00038332 ORDINANCE NO.5626 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4467, FOR APPROXIMATELY 1.65 ACRES LOCATED AT THE NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO C-1, NEIGHBORHOOD COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R-A, Residential Agricultural and RSF-4, Residential Single -Family, 4 units per acre to C-1, Neighborhood Commercial, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 51h day of November, 2013. APPROVED: ATTEST: By:, JSIOn ., Ap%- l SONDRA E. SMITH, City Clerk/Treasurer S . EXHIBIT 'A' RZN13-4467 KUM AND GO Close Up View I _ I �'. fir' - — { SUBJECT PROPERTY ..j . L' rl I:, •i a ? _ I Sam f 1- l y IF— . ■ I•�ir IIa 11 •� I '�•I / N r RSF4 � / I 2 a I it R-0 Legend `t Multi -Use Fail (Existing) Future Trails �W i7rerie Fayetteville City Units RZN 13-4467 ® Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Di trict 0 75 150 no 450 600 ------ Planning Area Feel os EXHIBIT "B" RZN 13-4467 A TRACT OF LAND BEING A PORTION OF INSTRUMENT NO. 2005-45625 AMONG THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS, LAYING IN THE FRACTIONAL NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, FIFTH PRINCIPAL MERIDIAN, AND BEING DESCRIBED MORE PARTICULARLY BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A FOUND 3" BRASS CAP AT THE SOUTHEAST CORNER OF SAID QUARTER PER CERTIFIED LAND CORNER RESTORATION - PERPETUATION AND RESTORATION RECORD BOOK CRI, PAGE 333 FILED AT ARKANSAS STATE SURVEYORS OFFICE; THENCE ALONG THE SOUTH LINE OF SAID QUARTER, NORTH 87007'17" WEST, A DISTANCE OF 368.01 FEET; THENCE DEPARTING SAID LINE, NORTH 2°35'29" EAST, A DISTANCE OF 55.29 FEET TO THE EXISTING NORTH RIGHT-OF-WAY OF WEST MOUNT COMFORT ROAD PER INSTRUMENT NO. 2009- 15429 AND THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 86-51'55" WEST, A DISTANCE OF 88.00 FEET TO THE NORTHWEST CORNER OF SAID INSTRUMENT NO. 2009-15429, BEING ALSO THE NORTHEAST CORNER OF INSTRUMENT NO.2009-15427; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, THE FOLLOWING TWO (2) COURSES: 1.) NORTH 86°51'55" WEST, A DISTANCE OF 41.86 FEET; 2.) NORTH 89°07'24" WEST, A DISTANCE OF 88.48 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY, NORTH 00°00'00" EAST, A DISTANCE OF 275.59 FEET; THENCE NORTH 90000'00" EAST, A DISTANCE OF 282.20 FEET TO THE WEST RIGHT- OF-WAY OF SHILOH DRIVE PER INSTRUMENT NO. 2009-15427; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING FOUR (4) COURSES: 1.) 86.33 FEET ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14°07'57", A RADIUS OF 350.00 FEET, A LONG CHORD THAT BEARS SOUTH 09°56'14" WEST, AND A CHORD DISTANCE OF 86.11 FEET; 2.) SOUTH 02-52-18" WEST, A DISTANCE OF 164.52 FEET; 3.) SOUTH 47056'02" WEST, A DISTANCE OF 52.28 FEET; NORTH 86051'55" WEST, A DISTANCE OF 2.15 FEET TO THE POINT OF BEGINNING, CONTAINING 73,626 SQUARE FEET OR 1.69 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. Washington County, AR I certify this Instrument was filed on 11118/2013 10:12:14 AM and recorded in Real Estate File Number 40tNK038332 Kyle sylvestekCirc t Clerk by City of Fayetteville Staff Review Form Jesse Fulcher Submitted By City Council Agenda Items and Contracts, Leases or Agreements 10/1/2013 City Council Meeting Date Agenda Items Only Planning Development Services Division Department .ccnon RZN 13-4467: Rezone (MOUNT COMFORT AND SHILOH/KUM & GO, 324): Submitted by CEI ENGINEERING for property located at THE NORTHWEST CORNER OF MOUNT COMFORT AND SHILOH. The property is zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. and contains approximately 1.65 acres. The request is rezone the property to C-1, NEIGHBORHOOD COMMERCIAL. 9 Cost of this request Account Number Category / Project Budget Funds Used to Date Program Category / Project Name Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached L/Y MLL./1�i/�yy 1 L. Finance and Internal Services Director 'Date `able Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office EH EU Received in /� I Mayor's Office �3 l l r,-) rY i 4 yf f1� / I /y�'y,,,, .Revised ua 15, 2009 li.l �• i�/.%'� 1• � I ll IIJ� ��l! l , L l CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: September 13, 2013 Subject: RZN 13-4467 (Mount Comfort and Shiloh/Kum & Go) RECOMMENDATION THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE The Planning Commission recommends approval of an ordinance to rezone the property to C-1, Neighborhood Commercial. Planning Division staff recommends denial of the request. BACKGROUND The subject property is located at the northwest corner of Mount Comfort Road and Shiloh Drive. The overall property contains approximately 23.50 acres, with 0.30 acres zoned RSF-4, Residential Single-family and 23.20 acres zoned Residential Agricultural. The property is developed with a single-family home and some type of vehicle and trailer storage yard. The applicant has submitted an application to rezone 1.65 acres of the property from R-A, Residential Agricultural and RSF-4, Residential Single-family to Cl, Neighborhood Commercial. The property is under contract by Kum & Go L.C., according to the applicant. CITY PLAN 2030 FUTURE LAND USE MAP: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. These areas are more dcn'sely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. COMPATIBILITY: This property serves as a transition from the sounds and traffic volumes of I-540 and the residential characteristics of the Mount Comfort Road corridor. The C-1 development pattern, in staff s opinion, does not support an appropriate transition into a neighborhood, but rather extends a highway commercial form along the corridor. Further, the CA zoning district does not support the guiding policies of the City Neighborhood Area designation, including: protecting adjoining properties from the potential adverse impacts associated with non-residential uses adjacent to and within residential areas with proper mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values; encourage walkability as part of the street function; encourage pedestrian friendly , mixed -use buildings through the use of transparent glass and building entrances that address the street; and encourage properties to develop in an urban form. THE CITY OF FAYETTEVILLE, ARKANSAS On September 9, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 8-1-0 (Commissioner Chesser voted `no'). BUDGETIMPACT None. Departmental Correspondence RK TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorneyt DATE: September 16, 2013 TL Kit Williams City Attorney Jason B. Kelley Assistant City Attorney RE: Rezoning request of Kum & Go for Neighborhood Commercial of the corner of Mount Comfort and Shiloh The Planning Commission almost unanimously (Commissioner Chesser being the sole dissenter) recommended that the City Council approve Kum & Go's request for Neighborhood Commercial for a 1.65 acre parcel on the corner of Mount Comfort Road and Shiloh Drive which is primarily zoned Residential Agriculture (R-A) now. The Planning Commission rejected the Planning Department's advice to deny Kum & Go's request and just leave this parcel primarily R-A. R-A zones may be used for: (1) "Agriculture' which includes egg and truck farms, and smoking, curing and selling poultry and livestock; (2) "Animal husbandry" which includes animal breeding farms, farms with livestock, animal hospitals, rodeo grounds, and rifle ranges; (3) "Manufactured homes"; and (4) "Animal boarding and training." The first purpose of Residential -Agricultural pursuant to the U.D.C. is "to protect agricultural land until an orderly transition to urban development has been accomplished...." Kum & Go's requested zoning district is Neighborhood Commercial whose purpose "is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas." The Planning Commissioners pointed out that Kum & Go's convenience store/gas station would be the first place where the surrounding neighborhoods on Mount Comfort could purchase groceries and convenience goods or buy gas. Kum & Go's convenience store seems designed "to provide convenience goods . . . for person living in the surrounding neighborhoods." The 2030 Future Land Use Map shows this area to be a City Neighborhood Area which the Planning Division writes should supply a mix of nonresident uses including grocery stores "typically located at corners and along connecting corridors." Grocery stores are not allowed in R-A, but they are allowed in Neighborhood Commercial as requested by Kum & Go for its proposed corner lot on the Mount Comfort corridor which the City has just improved to four lanes. The City Council has wide discretion about whether or not to rezone property. However, before the City Council would vote not to approve the rezoning almost unanimously recommended by your Planning Commission, you should be able to articulate specific reasons why the uses allowed in R-A will better protect adjoining properties and property values than the recommended Neighborhood Commercial which allows the types of services that the Planning Department affirms that the City Neighborhood Area of Mount Comfort in the 2030 Plan calls for and which are not allowed in the current R-A. 2 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4467, FOR APPROXIMATELY 1.65 ACRES LOCATED AT THE NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, TO C-1, NEIGHBORHOOD COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from R-A, Residential Agricultural and RSF-4, Residential Single -Family, 4 units per acre to C-1, Neighborhood Commercial, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this APPROVED: day of 2013. ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT 'A' RZN 13-4467 Close Up View z i RSFA i a r Legend , 1., •••••• • Multi -Use T�ail (Existing) Future Trails brer„14v,Fayetteville City Li its RZN13-4467 Footprints 2010 KUM AND GO ....A� i. A i SUBJECT PROPERTY 0 i in R-0 _ Hillside -Hilltop Ov rlay District Design Overlay Di Itrict 0 75 150 300 450 600 ------ Planning Area Feet NENg�c,S pF a, EXHIBIT "B" RZN 13-4467 A TRACT OF LAND BEING A PORTION OF INSTRUMENT NO. 2005-45625 AMONG THE PUBLIC RECORDS OF WASHINGTON COUNTY, ARKANSAS, LAYING IN THE FRACTIONAL NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, FIFTH PRINCIPAL MERIDIAN, AND BEING DESCRIBED MORE PARTICULARLY BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A FOUND 3" BRASS CAP AT THE SOUTHEAST CORNER OF SAID QUARTER PER CERTIFIED LAND CORNER RESTORATION - PERPETUATION AND RESTORATION RECORD BOOK CRI, PAGE 333 FILED AT ARKANSAS STATE SURVEYORS OFFICE; THENCE ALONG THE SOUTH LINE OF SAID QUARTER, NORTH 87007'17" WEST, A DISTANCE OF 368.01 FEET; THENCE DEPARTING SAID LINE, NORTH 2°35'29" EAST, A DISTANCE OF 55.29 FEET TO THE EXISTING NORTH RIGHT-OF-WAY OF WEST MOUNT COMFORT ROAD PER INSTRUMENT NO. 2009- 15429 AND THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 86°51'55" WEST, A DISTANCE OF 88.00 FEET TO THE NORTHWEST CORNER OF SAID INSTRUMENT NO. 2009-15429, BEING ALSO THE NORTHEAST CORNER OF INSTRUMENT NO. 2009-15427; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY, THE FOLLOWING TWO (2) COURSES: 1.) NORTH 86°51'55" WEST, A DISTANCE OF 41.86 FEET; 2.) NORTH 89"0724" WEST, A DISTANCE OF 88.48 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY, NORTH 00°00'00" EAST, A DISTANCE OF 275.59 FEET; THENCE NORTH 90000-00" EAST, A DISTANCE OF 282.20 FEET TO THE WEST RIGHT- OF-WAY OF SHILOH DRIVE PER INSTRUMENT NO. 2009-15427; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING FOUR (4) COURSES: 1.) 86.33 FEET ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14°0757", A RADIUS OF 350.00 FEET, A LONG CHORD THAT BEARS SOUTH 09°56'14" WEST, AND A CHORD DISTANCE OF 86.11 FEET; 2.) SOUTH 02-52-18" WEST, A DISTANCE OF 164.52 FEET; Tayelev1 e PC Meeting of September 9, 2013 A IIKA MSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: September- 4 _ice Updated September 13, 2013 RZN 13-4467: Rezone (MOUNT COMFORT AND SHILOH/KUM & GO, 324): Submitted by CEI ENGINEERING for property located at THE NORTHWEST CORNER OF MOUNT COMFORT AND SHILOH. The property is zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. and contains approximately 1.65 acres. The request is rezone the property to C-1, NEIGHBORHOOD COMMERCIAL. Planner: Jesse Fulcher BACKGROUND: The subject property is located at the northwest corner of Mount Comfort Road and Shiloh Drive. The overall property contains approximately 23.50 acres, with 0.30 acres zoned RSF-4, Residential Single-family and 23.20 acres zoned Residential Agricultural. The property is developed with a single-family home and some type of vehicle and trailer storage yard. Surrounding land uses are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped R-A, Residential Agricultural South —Single—familyresidential RSF-4, Residential Single-family 4 Units/ Acre East —Single-farnily Undeveloped CS, Community Services West Single-family residential R-A, Residential Agricultural Proposal: The applicant has submitted an application to rezone 1.65 acres of the property from R-A, Residential Agricultural and RSF-4, Residential Single-family to C1, Neighborhood Commercial. The property is under contract by Kum & Go L.C., according to the applicant. Public Comment: Staff received a phone call inquiring about this rezoning from a resident in the area concerned with commercial development encroaching down the more residential areas of Mount Comfort Road. G\ETC\Development services Review\2013\Development Review\I3-4467 RZN (Mount Comfort & Shiloh —Kum & Go\15 Planning Commission\09-09-2013\Comments and Redlines COMMISSION ACTION: Date: September 9, 2013 O Tabled 0 Forwarded O Denied Motion: Winston Second: Hoskins Vote: 8-1-0 (Chesser voting `no') CITY COUNCIL ACTION: Date: October 1, 2013 O Approved O Denied RECOMMENDATION: Staff recommends denial of RZN 13-4467. It is staffs opinion that development under the C-1 zoning district will result in a conventional commercial development pattern with design components that promote vehicle/pedestrian conflicts that ultimately discourage pedestrian activities. This development pattern does not encourage walkability or accessibility for residents in surrounding neighborhoods. Furthermore, the proposed zoning does not support the land use policies adopted with City Plan 2030, including Goal 3: We will make traditional town form the standard, or the policies of the City Neighborhood Area designation. City Neighborhood Areas encourage design elements that support pedestrian friendly, mixed -use developments that are sensitive to surrounding residential uses and utilize principals of traditional urban design. INFRASTRUCTURE: Streets: The site has access to Mount Comfort Road and Shiloh Drive. Both streets were improved by the City of Fayetteville. Any remaining street improvements will be evaluated at the time of development. Water: Public water is available to the property. There is a 12" water main along Mount Comfort Road. Sewer: Sanitary sewer is available to the site. There is an 8" sewer main along Mount Comfort Road. The capacity of the existing main will need to be evaluated at the time of development of this property. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the I00-year floodplain or the Streamside Protection Zone. Police: The Fayetteville Police Department has not objected to this request. Fire: This development will be protected by Fire Station 7 located at 835 N Rupple Road. It is 3 miles from the station with an anticipated response time of 4 minutes to this location. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. GAETC\Development Services Review\2013\Development Review\13-4467 RZN (Mount Comfort & Shiloh_Kmn & Go\I5 Planning Commission\09-09-2013\Comments and Redlines CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighbor/rood Area. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. Non- residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. 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: The proposed rezoning to C-1 is not consistent with land use planning objectives, principles, and policies. The Future Land Use Map designation for the property is City Neighborhood Area. These areas support a wide variety of land uses and densities depending on the context of each property. This particular property serves as a transition from the sounds and traffic volumes of I-540 and the residential characteristics of the Mount Comfort Road corridor. The C-1 development pattern, in staff's opinion, does not support an appropriate transition into a neighborhood, but rather extends highway commercial form along the corridor. Further, the C-1 zoning district does not support the guiding policies of the City Neighborhood Area designation, including: protecting adjoining properties from the potential adverse impacts associated with non-residential uses adjacent to and within residential areas with proper mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values; encourage walkability as part of the street function; encourage pedestrian friendly, mixed - use buildings through the use of transparent glass and building entrances that address the street; and encourage properties to develop in an urban form. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staffs opinion, the C-1 zoning district is not justified as this time. This zoning district does not fulfill or support many of the policies of the City Neighborhood Area designation, nor does it provide an appropriate transition into a residential district. The importance of a transition is even more evident, since the property to the east was recently rezoned to CS, Community Services. This form -based commercial zoning district allows a wide variety of residential and commercial uses, including all uses permitted in the C-1 zoning district, but prescribes a traditional development pattern, encouraged by the City Neighborhood Designation. Rezoning the subject property to C-1, when it is nearer to the residential districts along Mount Comfort, would create an incompatible development pattern in close proximity to residences, and diminish a necessary GAETC\Development Services Review\2013\Development Review\] 3-4467 RZN (Mount Comfort & Shiloh Kum & Go\I 5 Planning Commission\09-09-2013\Comments and Redlines transition between commercial and residential districts. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to C-1 will increase traffic volumes over existing conditions. In staffs experience, high traffic generators along busy street corridors can create increased congestion and traffic danger if improperly designed. The Unified Development Code contains a number of access management requirements that can mitigate traffic conflicts, if they are implemented in the site design. 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: The proposed zoning should not substantially alter the population density in the area. Increased load on public services were taken into consideration and recommendations from Engineering, Fire, and Police Departments are included in this report. Staff does not anticipate any adverse impacts to provision of public services that would result from this rezoning. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; Finding: N/A b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A G:\ETC\Development Services Review\2013\Development Review\13-4467 RZN (Mount Comfort & Shiloh —Kum & Go\15 Planning Commission\09-09-2013\Comments and Redlines TITLE XV UNIFIED DEVELOPMENT CODE 161.03 District R-A, Residential - Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 AccLeLsory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. 11 Units per acre I One-half (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres E) Setback requirements. Front Side 1 Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5128, 4- 15-08; Ord. 5195, 11-6-08: Ord. 5238, 5-5-09; Ord. 5479, 2- 7-12) CD161:5 161.07 District RSF-4, Residential Single - Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses by right JI Unit 1 Single-family dwellings 11 Unit 41 1 Accesso dwellin s (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family dwellings Two-family dwellings Units per acre 1 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum 70 ft. 80 ft. width Lot area minimum 8.000 sq. ft. 12,000 sq.-ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwellin unit (E) Setback requirements. Front Side Rear 15 ft. 15 ft. 15 ft. (F) Building height regulations. Buildm Heil Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6- 19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4- 20-10; Ord. 5462, 12-6-11) CD161:8 161.18 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 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 25 Offices, studios, and related services (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Shopping oods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 40 Sidewalk Cafes Unit 42 Clean technologies (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. 11 Building Height Maximum 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. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6- 19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13) CD161:18 THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT 303 West Center Street ,1 Fayetteville, AR 72701 P (4791575-8365 F (4791575-0471 Zoning Review To: Jesse Fulcher From: Battalion Chief H. Hunt Date: August 12, 2013 Re: RZN 13-4467 (Mount Comfort and Shiloh/Kum & Go) This development will be protected by Fire Station 7 located at 835 N. Rupple. It is 3 miles from the station with an anticipated response time of 4 minutes to this location. 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. Battalion Chief H. Hunt Fire Marshal 479-718-7639 Telecom monlcatlons Device fort he Deaf TO(479)521-1316 113We5t Mouoram Fayetteville, AR 12701 ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 SW Regency Parkway, Suite 2 Bentonville, AR 72712 (479) 273-9472 Fax (479) 273-0844 www.ceieng.com July 29, 2013 Development Services Department City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 RE: Request for Rezoning: Kum & Go #419, NWC of Mt. Comfort Rd & Shiloh Dr. Dear Development Services, Pursuant to the City of Fayetteville's Rezoning Application, the following information is provided to satisfy Item 5, sub -items a through I of the Rezoning Checklist. 5a. Current ownership information and any proposed or pending property sales. The current owner of the land is Joan C. Hays, 2556 Mt. Comfort Rd #29, Fayetteville, AR 72704. The land is under contract by Kum & Go L.C., 6400 Westown Parkway, West Des Moines, IA 50266. Successful rezoning of the property is a contract contingency. 5b. Reason (need) for requesting zoning change. The current zoning is RA (Residential Agriculture) which does not allow for the proposed use of a convenience store. A zoning change to C1 (Neighborhood Commercial) is requested to accommodate the applicant's land use. 5c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The site is on the northwest corner of the signalized intersection of Mt. Comfort Rd. and Shiloh Dr. Both roads have recently been upgraded to create the 4 travel lanes on Mt. Comfort and the new traffic signal at the intersection with Shiloh Dr. The proposed land use is in compliance with the land use patterns as prescribed by the Future Land Use Map. Being that Kum & Go generally utilizes "pass -by" traffic for its customer base, and is not a "destination" land use, the proposed use will not generate an increase in traffic to the corridor. The site has adequate frontage on both Mt. Comfort Rd. and Shiloh Dr. to safely accommodate ingress and egress from the adjacent roadways. Kum & Go has developed an aesthetic brand for both the appearance and signage for their stores, and their brand will not be a visual distraction along the Mt. Comfort corridor. 5d. Availability of water and sewer (state size of lines). Water — A 12" line exists on the south side of the property (north side of Mt. Comfort). Sewer — An 8" line exists on the south side of the property (north side of Mt. Comfort). 5e. The degree to which the proposed zoning is consistent with the land use planning objectives, principles and policies, and with land use and zoning plans. The proposed zoning is consistent with the City Plan 2030 and the guiding policies of the City Neighborhood Areas in that the proposed use would serve the residents of Fayetteville rather than a regional population. Additionally it would provide a use that is accessible for the convenience of residents living in the adjacent residential districts. 5f. Whether the proposed zoning is justified and/or needed at the time of the request. The proposed zoning is justified by the locations viability as a convenience store on the corner of two connecting corridors. The location would be utilized to provide convenience goods to residents that would reduce the length and number of vehicular trips generated by residents living to the west and south of the site; a large residential area which is devoid of commercial services. 5g. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The proposed zoning should not create, or considerably increase, traffic danger and congestion since the site has frontage on both Mt. Comfort Rd. and Shiloh Dr., both of which have been recently upgraded to the city's master street plan. This section of the corridor has good site distances and is not developed with regional destination type of land uses. 5h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The proposed zoning should not alter the population density. It is a commercial land use, and as such will not foster any population increase. 51. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The area surrounding this property that is currently zoned Residential Agriculture is transitioning to urban development. Rezoning the property would help prevent urban sprawl. The proposed land use would help to fill a need for commercial/retail services in the corridor. The closest commercial services are located 1.5 miles to the north at the I- 540 and Garland Ave intersection, and 1.3 miles to the south at the 1-540 and Weddington Dr. intersection. n r In _ �- _ .}=7 � � Few i - � I . . • � .: y ,. 7 S 1 ■ a. . . .� rela�iaa_�� , i Op OR '♦`IY, o r I { + I b 'AY � cal • � - � �3 I �? ° �,� jJ�.r•{.�j i +JXJ.1.4a ♦i1�i ' io r r 1 iJ n M1f •,S.0 r� r "iL�J.n y,' � i � . ��" Infe1i� 'r -r^ j 3 � ��tier•' 'r Vrr �f F e RZN 13-4467 Close Up View i RSF-4 �' a W Z � a' � r Legend ..•. ••..-•. Multi -Use TlFail (Existing) Future Trails RZN13-4467 Footprints 2010 - Hillside -Hilltop Ovi irlay District Design Overlay Di itrict ------ Planning Area KUM AND GO SUBJECT PROPERTY 300 45o 600 Feet .CA C-1 (10l1/2013) City Clerk - R ring Mt. Comfort and Shiloh SeiteI] From: "Parker, William A" <william.parker@zoetis.com> To: "city clerk@ci.fayetteville.ar.us" <city_clerk@ci.fayetteville.ar.us> CC: "ward4_posl@ci.fayetteville.ar.us" <ward4_post@ci.fayetteville.ar.us>, "... -Date: 1011/2013 12:53 PM Subject: Rezoning Mt. Comfort and Shiloh I am in favor of the rezoning. Drew Parker 884 N. Meadowlands Drive Fayetteville, AR 72704 Page 1 of 1 City Clerk - KUM N GO PROJEST-Porter Exit Mt Comfort/Shiloh From: Ron Wilkins <ron@primesellsnwa.com> To: <city_clerk@ci.fayetteville.ar.us> Date: 10/18/2013 1:42 PM Subject: KUM N GO PROJEST-Porter Exit Mt Comfort/Shiloh We are in Favor of this Project! Antything we can do to help please let us know. Resident 1493 N Jeremiah PL porter exit- mt comfort -Shiloh -dean Solomon-emil jeremiah file:///C:/Users/Ibranson/AppData/Local/Temp/XPgrpwise/52613AD4FAYETTEVILLE... 10/18/2013 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS HE MORNING NEWS OF SPRINGDALE N�:WSPAPERSLLC THE NORTH ESTNG ARK OF ROGERARKANSAS TIMES NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5626 Was inserted in the Regular Editions on: November 14, 2013 Publication Charges: $ 90.79 Holly Andrews Subscribed and sworn to before me This Z,fj day of -)'l ov 2013. �"� Notary Public My Commission Expires: 42,0'iv I L. �,'•.�.. **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED NOV 2 g 2013 CITY CLERICS 0FFlCLE