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Home My WebLink AboutOrdinance 5722Doc ID: 016016340003 Type: REL Kind: ORDINANCE Recorded: 12/12/2014 at 03:04:45 PM Fee Amt: $25.00 Pape 1 of 3 HaslInpton County, AR Kyle Sylvester Circuit Clerk File2014-00031826 ORDINANCE NO.5722 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4867, FOR APPROXIMATELY 4.17 ACRES, LOCATED AT 2269 NORTH HENBEST DRIVE FROM CS, COMMUNITY SERVICES, TO C-2, THOROUGHFARE 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 CS, Community Services, to C-2, Thoroughfare 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 2nd day of December, 2014. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer C•`�G� �,\1 Y Gam' �� y FAYf IZ 'll_I_i EXHIBIT IB' 14-4867 LEGAL DESCRIPTION: (FROM CS TO C-2) A part of the SW1/4 of the NW1/4 and a part of the NW1/4 of the SW1/4 of Section 5 and a part of the SE1/4 of the NE1/4 and a part of the NEl/4 of the SE1/4 of Section 6 all in T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said SW1/4, NW1/4, thence NO3°02'35"E 208.59 feet to the POINT OF BEGINNING, thence S86°57'36"E 164.21 feet, thence S03°02'24"W 208.89 feet, thence S86°51'20"E 123.08 feet, thence S54"39'40"W 161.39 feet, thence S82°23'40"W 134.51 feet, thence N29°13'54"W 55.90 feet, thence along a non tangent curve to the left 285.98 feet, said curve having a radius of 290.50 feet and chord bearing and distance of N57°26'02"W 274.57 feet, thence N37°01'50"W 37.15 feet, thence NO3°00'32"E 224.85 feet, thence along a non tangent curve to the right 385.46 feet, said curve having a radius of 320.00 feet and chord bearing and distance of N49°49'19"E 362.58 feet, thence S03°02'35"W 349.98 feet to the POINT OF BEGINNING: Containing 4.17 acres more or less subject to easements and right of way of record. EXHIBIT 'A' 14-4867 Washington County, AR I certify this instrument was tiled on 12/12/2014 03:04:45 PM and recorded in Real Estate File Number 2014-0 26 Kyle Sylvester -Or u- I rk by City of Fayetteville, Arkansas 113 West Mountain Street DY Fayetteville, AR 72701 j 479-575-8323 TDD- 479-521-1316 Text File — File Number: 2014-0522 Agenda Date: 12/2/2014 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C. 3 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4867, FOR APPROXIMATELY 4.17 ACRES, LOCATED AT 2269 NORTH HENBEST DRIVE FROM CS, COMMUNITY SERVICES, TO C-2, THOROUGHFARE COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from CS, Community Services, to C-2, Thoroughfare 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. City of Fayetteville, Arkansas Page 1 Printed on 121312014 City of Fayetteville Staff Review Form 2014-0522 Legistar File ID 12/2/2014 CityCouncll Meeting Date -Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 11/14/2014 City Planning/ Development Services Department Submitted By Submitted Date Division 7115apartment Action Recommendation: RZN 14-4867: Rezone (2269 N. HENBEST DR./ADVENTURE SUBARU, 325): Submitted by JORGENSEN AND ASSOCIATES for property located at 2269 N. HENBEST DRIVE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 4.17 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF ayevz le CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF DECEMBER 2, 2014 TL': Fayetteville City Council THRU; Jeremy Pate, Development Services Director ..";:d: Andrew Garner, Planning Director DATE: November 14, 2014 SUBJECT: RZN 14-4867: Rezone (2269 N. HENBEST DR./ADVENTURE SUBARU, 325): Submitted by JORGENSEN AND ASSOCIATES for property located at 2269 N. HENBEST RD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 4.17 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. RECOMMENDATION: The Planning Commission recommend approval and City Planning Staff recommend denial of an ordinance to rezone the property to C-2, Thoroughfare Commercial. BACKGROUND: The subject property is zoned CS, Community Services and contains 4.17 acres bounded by Mount Comfort Road, Shiloh Drive, and Henbest Road. The property is adjacent to the west of the Adventure Subaru car dealership that was developed in 2012 which contains 4.5 acres zoned C-2, Thoroughfare Commercial. The subject property was rezoned as requested by the applicant to CS, Community Services in _nine 2013 (RZN 13-4363). At the time of the rezoning the applicant indicated that the subject property was suitable for services to the surrounding neighborhood. In September 2013 the Planning Commission approved a conditional use for eight years that allows approximately one- third of the CS -zoned property to be used as an unpaved parking and display lot. SURROUNDING LAND USE COMPATIBILITY. This property is unique due to the close proximity of an interstate highway adjacent to the east (I- 49) and established residential neighborhoods to the west. There are eight single family homes on the south side of Mount Comfort/Porter Road across and to the southeast of the property that were constructed in the late 1950's to late 1960's'. One of the homes is currently being used for a realty office/salon. There is a largely underdeveloped parcel of land zoned R-A, and C-1 djacent to the west of the site. Approximately 500 feet to the west of the subject property is the Trailwood mobile home park that contains approximately 72 mobile homes on 23 acres. This residential neighborhood appears to have been in existence since the late 1960's/early 1970's ai ,:I includes amenities such as an on -site recreation building for community events and a community garden. Continuing west along Mount Comfort there are a number of established The addresses of these older structures is as follows: 2507, 2445, 2431, 2421, 2419. 2407 W Mount Comfort Road; 2167 N. Porter Road (salon realty office), and 2156 N. Shiloh Drive. Mailing Address: 113 W. Mountain Street www,fayetteville-ar.gov Fayetteville, AR 72701 single family neighborhoods on the north side and larger residential estates and several churches on the south side of the corridor. Adjacent to the north is undeveloped pasture that is zoned C-2 and RMF-24. Other uses to the north include a tractor supply store. The property is most certainly in a transition area, between 1-49 and clearly highway/interstate commercial properties and still existing neighborhoods. The proposed rezoning to C-2 would not be compatible with the existing established local neighborhoods and services to the west and south, while it would be compatible with existing uses to the east and north. The C-2 zoning introduces the potential for regional commercial uses that are not appropriate given the existing neighborhoods in the area that could be significantly impacted by the form and traffic patterns associated with regional highway commercial use being extended further to the west. Ultimately the policy question with this rezoning request that the council must decide is "How far from the interstate should highway commercial uses extend?". When the Wedington Corridor Master Plan was conducted, it was determined at the time that residents thought the access issues, traffic congestion, turning movements and form of the commercial development that grew west from 1-49 had gone too far and was detrimental to the area. Staff's intent, in following the policy guidance of the City Council, is to not re-create the scenario that Wedington is today. The property combined with the Adventure Subaru site (also owned by the applicant) is over 700 feet wide from Henbest Drive to Shiloh Drive. In staff's opinion, this overall property is large enough to provide an appropriate transition from the regional transportation corridor along the east to local community services and goods on the west. LAND USE PLAN ANALYSIS_ The site is designated as a City Neighborhood Area in the City Plan 2030 Future Land Use Plan. This designation recognizes existing conventional strip commercial developments, but encourages more complete, compact and connected development patterns. This designation intends for non-residential services in these areas to serve the residents of Fayetteville, rather than the regional population. The proposed C-2 zoning is a conventional strip commercial zoning that allows high intensity commercial uses that can serve the region, rather than lower intensity uses for local neighborhoods. C-2 zoning is appropriate in some City Neighborhood Areas. However, given the established local land uses in the vicinity and lack of surrounding regional commercial uses, the proposal could fragment the character of this area and establish this neighborhood (Mount Comfort/Porter Road) as a regional commercial area in an auto -oriented development pattern, similar to Wedington/Highway 16, Martin Luther King Boulevard/Highway 62 and Garland/Highway 112. The future land use plan has established several areas for regional goods and services at five distinct areas along 1-49 and Fulbright Expressway. Starting at the south end of the City these regional nodes are as follows: Around the future regional park site/Cato Springs Road; Adjacent to all four corners at the intersection of Martin Luther King Boulevard/1-49; The southeast corner of Wedington/1-49; Around the Fayetteville Autopark/Sam's Club; and Northwest Arkansas Mall/CMN Business Park vicinity. The Mount Comfort Road/Porter Road interchange is not identified as a regional retail/commercial area. Staff finds the C-2 zoning district to be inconsistent with the City Neighborhood Area designation and the context of the site. DISCUSSION: On November 10, 2014 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 7-1-0 (Commissioner Chesser voted 'no'). BUDGETISTAFFIMPACT: NIA Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report RZN14-4867 Close Up View CL CL Fty-11 EMILDR EXHIBIT W 14-4867 ADVENTURE SUBARU C4 RNF,24 SUBJECT PROPERTY SHiLO11 OR RSF-4 R40 Leqbnd Multi -Use Trail (Existing) • Future Trails LzgWPZN14-4867 Fayetteville City Li its Footprints 2010 Hillside -Hilltop Ovwlay District Design Overlay Di ;trlct 0 125 250 500 750 1.000 Planning Area Fm !WmmWm=m=md__ I PLet ,F C4 10GUNT, CAIWORT 9.a, EXHIBIT'B' 14-4867 LEGAL DESCRIPTION: (FROM CS TO C-2) A part of the SW 1/4 of the NW1/4 and a part of the NW1/4 of the SW1/4 of Section 5 and a part of the SE1/4 of the NE1/4 and a part of the NE1/4 of the SE1/4 of Section 6 all in T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said SW1/4, NW3/4, thence N03002'35"E 208.59 feet to the POINT OF BEGINNING, thence S86°57'36"E 164.21 feet, thence S03°02'24"W 208.89 feet, thence S86°51'20"E 123,08 feet, thence S54°39'40"W 161.39 feet, thence S82°23'40"W 134.51 feet, thence N29°13'54"W 55.90 feet, thence along a non tangent curve to the left 285.98 feet, said curve having a radius of 290.50 feet and chord bearing and distance of N57°26'02"W 274.57 feet, thence N37°01'50"W 37.15 feet, thence NO3°00'32"E 224.85 feet, thence along a non tangent curve to the right 385.46 feet, said curve having a radius of 320.00 feet and chard bearing and distance of N49"49'19"E 362.58 feet, thence S03"02'35"W 349.98 feet to the POINT OF BEGINNING: Containing 4.17 acres more or less subject to easements and right of way of record. CITY OF ayev�lle PLANNING COMMISSION MEMO Y ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: UPDATED 11-13-2014 SUBJECT: RZN 14-4867: Rezone (2269 N. HENBEST DRJADVENTURE SUBARU, 325): Submitted by JORGENSEN AND ASSOCIATES for property located at 2269 N. HENBEST RD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 4.17 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. RECOMMENDATION: Staff recommends denial of RZN 14.4867. BACKGROUND: The subject property is zoned CS, Community Services and contains 4.17 acres bounded by Mount Comfort Road, Shiloh Drive, and Henbest Road. The property is adjacent to the west of the Adventure Subaru car dealership thatwas developed in 2012 which contains 4.5 acres zoned C-2, Thoroughfare Commercial. The subject property was rezoned as requested by the applicant to CS, Community Services in June 2013 (RZN 13-4363). At the time of the rezoning the applicant indicated that the subject property was suitable for services to the surrounding neighborhood. In September 2013 the Planning Commission approved a conditional use for eight years that allows approximately one- third of the CS -zoned property to be used as an unpaved parking and display lot. Surrounding land use and zoning is depicted on Table 1. Table t Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Undeveloped RMF-N, Residential Multi -family; C-2, Thoroughfare Commercial, R-A, Residential Agricultural_ South Residential; officelsalon RSFA, Residential single-family; RMF-24, Residential Multi -family; R-O, Residential Office East Adventure Subaru; offioe; 1.49 C-1, Neighborhood Commercial, C-2, Thoroughfare Commercial West Undeveloped; storage yard; R-A, Residential Agricultural; C-1, Neighborhood residential Commercial; RMF-24, Residential Multi -family; RSF-4, Residential Single-family Request: The request is to rezone the property from CS, Community Services to C-2, Thoroughfare Commercial. The applicant has indicated they intend on expanding the Adventure Subaru car dealership onto the property. Mailing Address: Planning Commission 113 W. Mountain Street www.faaerRoihFiel@r.�®W Fayetteville, AR 72701 Benda Item 9 14-4867 Adventure Subaru Page 1 of 19 Public Comment: Staff has not received any public comment. INFRASTRUCTURE: Streets: The site has access to Mount Comfort Road (Minor Arterial), Shiloh Drive (Minor Arterial) and Henbest Drive (Local Street). Mount Comfort was recently widened to a four -lanes and Shiloh was re-routed to create a four-way signalized intersection. Street improvements within and adjacent to the property will be evaluated at the time of development. Water: Public water is available to the property. There are 8" and 12" mains adjacent to the property. Public water main improvements may be necessary to provide fire flow for domestic service for any proposed development. Sewer: Sanitary sewer is available tothe site. There is an 8" main adjacentto the property. Capacity will be evaluated at the time of development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain or the Streamside Protection Zones. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request, CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City Neighborhood 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, from single-family to multi -family. 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. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. City Neighborhood Areas encourage complete, compact, and connected neighborhoods and are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. DISCUSSION: FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends denial of RZN 14-4867 based on the findings discussed herein, that the rezoning is not compatible with the surrounding neighborhood to the west along Mount Comfort Road and is not consistent with the Future Land Use Plan. Planning Commission G 17MDevelopment Services Review12014\Development Review\ November 10, 2014 14-4867 RZN 2269 N. Henbest (Adventure Subaru)\03 Planning Commission\11-10-2014\Comments and Redlines Agenda Item 9 14-4867 Adventure Subaru Page 2 of 19 NG November 10, 2014 O Tabled Ibi Forwarded O Denied in: WINSTON Second: BUNCH Vote: 7-1-D, COMM. CHESSER VOTED'NO' COUNCIL ACTION: Required YES DEC 02, 2014 O Approved O Denied 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: Surrounding Land Use Compatitiffity., This property Is unique due to the close proximity of an Interstate highway adjacent to the east (1-49) and established residential neighborhoods to the west. There are eight single family homes on the south side of Mount ComforltPartsr Road across and to the southeast of the property that were constructed In the late 1950's to late 1960's'. One of the homes Is currently being used for a realty officalsaion. There Is a largely underdeveloped parcel of land zoned R-A, and CA adjacent to the west of the site. Approximately 600 feet to the west of the subject property is the Traiiwood mobile home park that contains approximately 72 mobile homes on 23 acres. This residential neighborhood appears to have been in existence since the late 1960'slearly 1970's and includes amenities such as an on -site recreation building for community events and a community garden. Continuing west along Mount Comfort there are a number of established single family neighborhoods on the north side and larger residential estates and several churches on the south side of the corridor. Adjacent to the north is undeveloped pasture that Is zoned C-2 and RMF-24. Other and uses to the north Include a tractor supply store. The proposed rezoning to C•2 would not be compatible with the existing established local neighborhoods and services to the west and south. The C- 2 zoning Introduces the potential for regional commercial uses that are not appropriate given the existing neighborhoods In the area that could be significantly impacted by the form and traffic patterns associated with regional highway commercial use being extended further to the west. The property combined with the Adventure Subaru site (also owned by the applicant) is over 700 feet wide from Henbest Drive to Shltoh Drive. This overall property Is large enough to provide an appropriate transition from the regional transportation corridor along the east to local community services and goods on the west. The addresses of these older structures is as follows: 2507, 2445, 2431, 2421, 2419, 2407 W. Mount Comfort Road; 2167 N. Porter Road (salon realty office), and 2156 N. Shiloh Drive. Planning Commission G:1ETC\Development Services RevbW2OWDevelopment RavleM November 10, 2014 14.4867 RZN 2269 N. Henbeat (Adventure Subaru)\03 Planning Commission\11-10-2014\Comments and Redlines Agenda Item 9 14-4867 Adventure Subaru Page 3 of 19 Land Use Plan Analysis: The site is designated as a City Neighborhood Area in the City Plan 2030 Future Land Use Plan. This designation recognizes existing conventional strip commercial developments, but encourages more complete, compact and connected development patterns. This designation intends for non-residential services in these areas to serve the residents of Fayetteville, rather than the regional population. The proposed C-2 zoning is a conventional strip commercial zoning that allows high intensity commercial uses that can serve the region, rather than lower intensity uses for local neighborhoods. C-2 zoning is appropriate in some City Neighborhood Areas. However, given the established local land uses in the vicinity and lack of surrounding regional commercial uses, the proposal could fragment the character of this area and establish this neighborhood (Mount Comfort/Porter Road) as a regional commercial area in an auto -oriented development pattern, similar to Wedington/Highway 16, Martin Luther King Boulevard/Highway 62 and Garland/Highway 112. The future land use plan has established several areas for regional goods and services at five distinct areas along 1-49 and Fulbright Expressway. Starting at the south end of the City these regional nodes are as follows: 1. Around the future regional park sitelCato Springs Road; 2. Adjacent to all four corners at the intersection of Martin Luther King Boulevard/1-49; 3. The southeast corner of Wedingtonll-49; 4. Around the Fayetteville Autopark/Sam's Club; and S. Northwest Arkansas MaIUCMN Business Park vicinity. The Mount Comfort Road/Porter Road interchange Is not identified as a regional retaillcommercial area. Staff finds the C-2 zoning district to be inconsistent with the City Neighborhood Area designation and the context of the site. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion, the C-2 zoning district is not justified at this time. This zoning district is not compatible with the existing neighborhoods to the west and does not fulfill many of the policies of the City Neighborhood Area designation. This property was recently rezoned as requested by the applicant in 2013 to CS, Community Services. This form -based zoning district allows a variety of community, rather than regional, residential and commercial uses and provides a traditional development pattern, encouraged by the City Neighborhood designation. At the time of this recent rezoning the applicant discussed that the intent for the rezoning was to provide services to the neighborhoods. Non-residential goods and services are needed to serve the neighborhoods to the west and can be provided in a compatible manner under the existing CS zoning. The C-2 zoning would Planning Commission G\ETC\Development Services Review\2014\Development Reviewl November 10. 2014 14-4867 RZN 2269 N. Henbest (Adventure Subaru)03 Planning Commission\11-10-2014\Comments and Redlines Agenda Item 14-4867 Adventure Subaru Page 4 of 19 Introduce the potential for a high intensity commercial development pattern that would dilute the opportunity to establish these local uses. Adjacent to the north of the site and extending almost two miles to the north through the Fayetteville Autopark Is a continuous zoning of either C-2 or C- PZD zoning that allows high -intensity highway commercial uses. A large portion of this area to the north Is undeveloped and additional C-2 zoning Is not justified given the vacant land, 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning and developing the property under C-2 will likely Increase traffic on the surrounding street system over the current CS zoning. The scale and intensity of uses in C-2Is greaterthan CS resulting in potential for traffic and congestion. However, the surrounding street system is improved including a signalized intersection at Mount Comfort Rd.IShiloh Dr. 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: Rezoning the property from CS to C-2 will reduce the potential population density. The CS district allows residential and mixed use by right whereas the C-2 zoning does not allow residential uses, except for cottage housing and residential use that is accessory to a commercial use. The Police and Fire Departments have expressed no objections to the proposal. 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; 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: NIA BUDGETISTAFF IMPACT: None Planning Commission G:\EMDevelopmenl services Reviewl20141Development Review\ November 10, 2014 14-4867 RZN 2269 N. Henbest (Adventure Su1baru)103 Planning Commission111-10-2014\Comments and Redlines Agenda Item 9 14-4867 Adventure Subaru Page 5 of 19 Attachments: • Unified Development Code sections 161.19 and 161,20 ■ Fayetteville Fire Department comments • Request Letter and rezoning exhibit • 1-40 Regional Commercial Nodes • Vacant commercial land along 1-49 ■ City Plan 2030 -- Future Land Use Plan map ■ Close Up Map ■ Current Land Use Map • One Mile Map Planning Commission WETC1Oavelopment Serviose RevievA20140avelopment ReuievA November 10, 2014 144887 RZN 2269 N. Nenbast (Adventure Subaru)103 Planning Commisslontl1-10-20WCommante and Redlinas Agenda Item 9 14-0887 Adventure Subam Page 6 of 19 FP4ETTEVY(tF, FliIL OEn7 Hole To: From: Date: Re: The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 Jorgensen and Associates, Andrew Garner Will Beeks Assistant Fire Marshal October 8, 2014 14-4867 This development will be protected by Engine 7 located at 835 Rupple Rd. It is 2 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Will Beaks Fayetteville Fire Department I Iona', Commllment, Courage; Our people make the dlflercnecl Planning Commission November 10, 2014 Agenda Item 9 14-4867 Adventure Subaru Page 7 of 19 Fayetteville Unified Development Code 161.19 Community Services (A) Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses In a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses. Unit City-wide uses by right Unit4 Cultural and recreational facilities Units Government facilities Unit 8 Single-family dwellings Unit9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 1 Multi -family dwellings Unit 44 Cottage Housing Development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public plotection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials _ Unit 34 Llouor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities' Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations. (1) Lot widthminimum. f—Dwelling 1Bk. I All others None Planning Commission G:\ETC\Developmenl Services Review120141Development Review\ November 10, 2014 144867 RZN 2269 N. Henbest (Adventure Subaru)\03 Planning Commission\11-10-2014\Comments and Redlines Agenda Item 9 14-4867 Adventure Subaru Page 8 of 19 161.20 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted uses. Unit 1 CA -wide uses by fight Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities _ Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 1 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices. studios. and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit44 Colta eHousin Development (2) Conditional uses. Unit 2 City-wide use by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini-stora a units Unit 40 Sidewalk Cafes Unit 42 1 Clean technologies Unit 43 1 Animal boarding and training (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 buildinil 50 ft, Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. J (F) Building height regulafions- L Buildinr�fht Maximum 75 ft.' Planning Commission GAETC\Development Services Review\20140evelopment Reviewl November 10, 2014 14-4867 RZN 2269 N, Henbest (Adventure Subaru)\03 Planning Commissionll 1-10-2014\Comments and Redlines Agenda Item 9 14-4867 Adventure Subaru Page 10 of 19 "Any bullding which exceeds the height of 20 feet shell be set back from a boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (0) Building area. On any lot, the area occupied by all buildings shall not exceed 80% of the total area of such lot (Code 1965, App. A., Art, 8(V0; Ord. No. 1833.11-i 71; Ord. No. 2351, 8-2-77; Ord. No. 2003, 2.19.80; ON. No. 1747, 8-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4.16-97.Ord. No. 4100. §2 (Ex. A), 6-18-98; Ord. No. 4178, 631-99; Ord. 4727, 7.19.05; Ord, 4992, 3-08-07; Ord. 0028, 8-19-07; Ord. 5195, 11808; Ord, 5312, 4-20.10; Ord. 5339, 8.3.10; 5353, 9-7-10; Ord. 5462. 12-8-11; Ord. 5592, 6-18-13; Ord. 5864, 2-16.14) Planning Commission 0:1ETCOevelopment Services Review4P01410evelopmerd Review% November 10, 2014 14.4867 RZN 2269 N. Henbest (Adventure Subaru)103 Planning Commis3lon111-10-20141Comments and Redlines Agenda Item 9 14-4807 Adventure Subaru Page 11 of 19 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUl7 E 5 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning FAYErTEVILI,E, ARKANSAS7270:; (479) 442-9127 FAX (479) 582-4807 DAVID L. JORCHNSHN, P.E., P.L.S. JUSPIN L. JORGENSEN, P.F. BLAKE E. JORGENSEN, P.E. This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: a. 765-13591-000 (Porter Road LLC) b. 765-13555-000 (Porter Road LLC) c. 765-13579-001 (Porter Road LLC) B. Currently this property is zoned C5. The reason for the requested C-2 zoning Is to allow this property to be developed under C-2 conditions. Conditional use requests under CS were discussed with the director of planning and the city attorney and both felt the most appropriate zoning for the property owner's planned use was C-2 C. The property due west is zoned C-1, The property to the north has RMF-24 & C-2 zonings, and the immediate properties to the east (Subaru — the parent tract of this rezoning request) is C-2 and a portion Is C-1. Converting the CS to C-2 will allow the rest of the vacant land to develop in a similar nature to the adjoining existing C-2 zoning (Subaru) D. Existing water and sewer are already at this site. E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development in the future as to be consistent the adjacent developments. F. The Subaru Dealership has been successful beyond reasonable expectation with 500%growth in five years. The economy as a whole has also improved requiring an expansion to accommodate Increases in service, sales, and employee parking. C-2 zoning is needed at this time. G. Adjacent streets have been improved in recent years allow this area to grow. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. The property at question lies between 1-49 and the frontage road. Significant improvements have been made to Shiloh drive so that will allow for increased loads. I, Community Services zoning has been found to be impractical and and there are no form based zones that allow for car dealerships creating a significant hardship under the current zoning restrictions. PG BBC WORKS - I.AND DEVELOPMENT • WATER SYSTEMS • WAS"IEWATFR SYS"I EMS • LAND SURVEYING Planning Commission November 10, 2014 Agenda Item 9 14-4867 Adventure Subaru Page 12 of 19 ---•- �=_ .fit._ I I Planning Commislion November 10, 2U' -,! genda7Cam 9 14-4867 Adventure Subaru Page 13 of 19 +AEU V p1,�-�� C MAIN p� F� ERR CR '� � ,. a _ • R f f q I �>• 2 C a OLQ�l 10 W wr r, ,� �107L 6bgSATYS"'I fOR PST FY T RED) RZN 14.4867 _ �4SSEX DRr. DEANE ST ' _ � y F- - 0 x a moo ' PER N S •• MAPL2!F'fr I -MARKHAM R❑ ts`OR� � i ❑ �r�_.f � ' War r 1-49 regional commercial nodes a. 1 EWNSAP ST ' ¢O LM �p LtiID NO ST v RDCKWCDD SI' City Plan 2030 Future Land Use Plan Planting Comm; Feet �110%,a00 feet t4-4867 Adventure Svbaru Page 14 of 19 14-4867 Adventure Subaru Page 16 of 19 14-4867 Adventure Subaru Page 18 of 19 "14486' ADVENTURE SUBARU One Mile View I * letir x � „•� i,'t'7D � i RSF 1 I� �...+......_.. ! II+ C AiTSr r g • -ST ME tan J SUBJECT PRO!'ERTY .� t-i 4 R v kl•t2WM ,am ST :y 1 • �R31F�G� 1. � r _! -ram •ji. � ' rr rr Overview jttam err � y r V h � .a Legend Subject Properly Boundary 0 0.25 0.5 1 Planning Commis ion n Agenda Item 9 14-4867 Adventure Subaru Page 19 of 19 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4867, FOR APPROXIMATELY 4.17 ACRES, LOCATED AT 2269 NORTH HENBEST DRIVE FROM CS, COMMUNITY SERVICES, TO C-2, THOROUGHFARE 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 CS, Community Services, to C-2, Thoroughfare 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 2014. ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RA OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney TO: Mayor Jordan Blake Pennington y J Assistant City Attorney City Council Patti Mulford Paralegal CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Andrew Garner, Planning Director FROM: Kit Williams, City Attorney DATE: December 1, 2014 RE: Proposed Rezoning to allow expansion of Subaru dealership If you look at the Planning Commissions minutes, you will see some of the reasons the Planning Commission recommended that you approve the requested rezoning 7-1 despite the Planning Department's recommendation of denial. First you will note that there was absolutely no public opposition to this rezoning. Second, the applicant's engineer, Blake Jorgensen explained that the curvature of the streets surrounding the existing CS zoned parcel would make any form based development very difficult and expensive. The Planning Commissioners also pointed to the C-1 zoned district nearby (the proposed Kum & Go site) as compatible with the applicant's requested C-2 which also abuts the large C-2 zoning district owned by the applicant upon which his Subaru dealership is operated. Upon questions from the Planning Commission, Planning Staff said it not only objects to rezoning to C-2 to allow the Subaru dealership to expand upon its own "block" of land, but it would also oppose a conditional use to allow such expansion under its current zoning of CS 1 (Community Services). I then explained to the Planning Commission that this concerned me as City Attorney because this position against rezoning and a conditional use effectively amounted to an absolute denial of the owner's right to use his own land to expand his successful and desirable business. The justification to deny this business to use its own land to expand was based solely on a demand that property almost adjoining I-49 and abutting the Porter Road/Mount Comfort thoroughfare be developed as a form based zone regardless of its owner's wishes and the street configuration as designed or approved by the City. When the City Council was considering whether or not form based zoning districts should be expanded beyond the Downtown Master Plan in April of 2010, they were informed that Planning was "proposing this to be an option for developers to pick from." The City Council was told that the administrative approval process possible with form based zoning was "sort of the carrot part of this ordinance." Rather than being an "option" developers could choose to gain potential administrative approval, form based zoning districts are now being demanded against the wishes of the land owner even to the extent that an owner of a successful business will not be allowed to expand his business upon his own contiguous property. The City Council has much discretion over zoning issues, but the City Council must still have rational explanations to deny a rezoning request and may not be unreasonable when denying an owner's rezoning request. The Planning Department's recommendation to the City Council to deny both this rezoning request and the Hanna's Landing rezoning request causes me substantial legal concerns. 2 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE N�SPAPERSLLC THE NORTH ESTNG ARK OF STIMES NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607. 72702 1 479-442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, 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 5722 Was inserted in the Regular Editions on: December 11, 2014 Publication Charges: $ 77.82 Karen Caler Subscribed and sworn to before me This \S day of'T>tC, 2014. Notary �( My Commission Expires: c 1Z° I 1zcF2+ CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20. 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED DEC 18 2014 CITY CLERKS OFFICE