HomeMy WebLinkAboutOrdinance 5417 Doc ID: 01413777000:3 Type: REL
Recorded 108 %02/2011 t 12:0905
Fee Amt: $25.00 PPM
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Nashington County. AR
Bette Stamps Clrcult Clerk
F14011-00021542
ORDINANCE NO. 5417
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3835, FOR APPROXIMATELY 1.20 ACRES,
LOCATED AT 3710 WEST MARTIN LUTHER KING BOULEVARD FROM
C-1,NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the zone classification of the following described property is hereby
changed as follows:
From C-1,Neighborhood Commercial to CS, Community
Services, as shown on Exhibits "A" and `B" attached
hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section I above.
PASSED and APPROVED this 5th day of July, 2011.
APPROVED: ATTEST:
By: By':l
O ELD J N,Mayor SONDE S TH, City Jerk/ reasurer
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EXHIBIT "A"
RZN 11-3835 ZAI F I
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Legend
,RZN711-3835
-
Mull-Use Trail(Existing) RSF4
FutureTrails
_ ,,Footprints 2010
- Hillside-Hilltop Ovi flay District
Design Overlay Di trict
Design Overlay Di trict
----- Planning Area
0 125 250 500 750 1,000
Fayetteville Fee
EXHIBIT `B"
RZN 11-3835
PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER
(NE 1/4) AND PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST
QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST,
DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS 111 FEET SOUTH OF THE NORTHEAST
CORNER OF SAID LAST MENTIONED FORTY ACRE TRACT, AND RUNNING
THENCE NORTH 400 FEET, THENCE WEST 150 FEET, THENCE SOUTH TO THE
NORTH LINE OF THE RIGHT-OF-WAY OF U.S. HIGHWAY NO. 62, THENCE EAST
WITH THE NORTH LINE OF SAID HIGHWAY 150 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING, CONTAINING 1.2 ACRES, MORE OR LESS.
Washington County,AR
I certify this instrument was filed on
08/02/2011 12:09:05 PM
and recorded in Real Estate
File Number 2011-00021542
Bette Stamps-Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/21/2011
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3835: (3710 West Martin Luther King Boulevard/Zaifi, 556-595): Submitted by Mehdi Zaifi for property located
at 3710 West Martin Luther King Boulevard. The property is zoned C-1, Neighborhood Commercial and contains
approximately 1.20 acres. The request is to rezone the subject property to CS, Community Services.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
Previous Ordinance or Resolution#
Departtme rJ:L-
Date
Original Contract Date:
. (- e - 1( Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City 05-02-1 1 P03 27 R CVD
Clerk's Office
L A, — 6 -;-)/
hie of St ff Date EtITER
Received in
Mayor's Office .3
LIZma(YOF Date
Comments:
r pp J
Revised January 15,2009
�7 tC talj ry
T
a e evi le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
AOKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Dara Sanders,Current Planner
Date: May 25, 2011
Subject: RZN 11-3835 (Zaifi)
RECOMMENDATION
Planning Commission and staff recommend approval of an ordinance to rezone the subject property from C-1,
Neighborhood Commercial to CS, Community Services.
BACKGROUND
The subject property is located at 3710 Martin Luther King Boulevard, west of Old Farmington Road, and is developed
for a single-family dwelling. The floodway and associated floodplain of the Goose Creek is located on the northern
portion of the property, which leaves a small portion of area outside of the floodway and floodplain adjacent to Martin
Luther King Boulevard. The applicant submitted a request to rezone the property from C-1, Neighborhood Commercial to
UT, Urban Thoroughfare. The applicant's request discusses that it is impractical to use the property as it is zoned C-1 with
a single-family dwelling.
Staff finds that rezoning the property to a form-based zoning district is justified due to the development limitations
imposed on the subject property as a result of the regulations associated with the floodway, floodplain, and Streamside
Protection Ordinance. A form-based zoning district would require new development to be constructed close to the street,
providing more buildable area away from the floodplain at the back of the property; however, staff does not find that "up
zoning", or increasing the intensity and permitted uses on the subject property, to the UT district is justified or needed.
The Urban Thoroughfare district is intended to provide goods and services for persons living in the surrounding
communities and would allow for uses by-right that could be incompatible with the surrounding uses,the residences to the
north, and the adjacent stream if not reviewed and conditioned appropriately, specifically large and small commercial
recreation sites, unlimited regional shopping goods, and transportation-related trades and services (used car lots,
automotive sales and repair, bus station, body shops, etc).
Staff finds that rezoning the subject property from the C-1 zoning district to the comparable mixed use, form-based CS
zoning district is more appropriate, as it would allow for the maintenance and expansion of the existing residential
dwelling, increase the buildable area with the "build-to zone", and allow for the future redevelopment of the property in
accordance with the goals and objectives of City Plan 2025 without introducing potentially incompatible uses.
DISCUSSION
This item was considered at the Planning Commission on May 23, 2011, during which the Commissioners expressed
concerns with the potential for adverse impacts on adjacent properties resulting from the permitted uses in the UT, Urban
Thoroughfare zoning district. After verifying that the applicant would accept the lower intensity CS, Community Services,
zoning district, the Planning Commission forwarded this item to the City Council with a recommendation of approval for
the CS, Community Services zoning district with a vote of 9-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3835, FOR
APPROXIMATELY 1.20 ACRES, LOCATED AT 3710 WEST
MARTIN LUTHER KING BOULEVARD FROM C-1,
NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY
SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is hereby
changed as follows:
From C-1, Neighborhood Commercial to CS, Community
Services, as shown on Exhibits "A" and `B" attached
hereto and made a part hereof.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN 11-3835 ZAI FI
close up view
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Legend F"
Q RZN11-3835
-•-•.. Mutt-Use Trail(Existing) Rg�a
•••••• FutuleTrails
,Footprints 2010
- Hillside-Hilltop Ov rlay District
Design Overlay Di trict
Design Overlay Di Arict
------ Planning Area
Fayetteville
0 125 250 sao 750 11000Fee
EXHIBIT `B"
RZN 11-3835
PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER
(NE 1/4) AND PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST
QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST,
DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT WHICH IS 111 FEET SOUTH OF THE NORTHEAST
CORNER OF SAID LAST MENTIONED FORTY ACRE TRACT, AND RUNNING
THENCE NORTH 400 FEET, THENCE WEST 150 FEET, THENCE SOUTH TO THE
NORTH LINE OF THE RIGHT-OF-WAY OF U.S. HIGHWAY NO. 62, THENCE EAST
WITH THE NORTH LINE OF SAID HIGHWAY 150 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING, CONTAINING 1.2 ACRES, MORE OR LESS.
Planning Commission
May 23, 2011
Page 8 of 8
RZN 11-3835:Rezone(3710 WEST MARTIN LUTHER KING BLVD./ZAIFI,556/595):Submitted by
Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN LUTHER KING BOULEVARD.
The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and contains approximately 1.20 acres. The
request is to rezone the subject property to UT,URBAN THOROUGHFARE.
Dara Sanders,Current Planner,presented the staff report and recommendation.
Mehdi Zai£,applicant,introduced himself and discussed the setback requirement of the C-1 zoning district and
his request for a form-based zoning district.
No public comment was presented.
Commission Winston discussed the surrounding properties and expressed concern with the requested UT
zoning district and suggested that the CS, Community Services, would be more appropriate.
Sanders discussed the uses in both the UT and CS districts.
Commissioner Hoskins asked the applicant if there are uses in the CS zoning district that would not permit him
to develop the property the way he wants and asked if the CS zoning district would be acceptable.
Mr.Zaifi stated that the CS zoning district is acceptable.
Motion:
Commissioner Winston made a motion to forward RZN 11-3 835 to the City Council with a recommendation to
approve a zoning district of CS,Community Services.Commissioner Chesser seconded the motion. Upon roll
call the motion passed with a vote of 9-0-0.
There being no further business, the meeting was adjourned at 7.03 PM.
Ta
*14
ye evl e PC Meeting of May 23, 2011
ARKA NSA$
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: Ma '.��., 2014 Updated May 25, 2011
RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595):
Submitted by Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN LUTHER
KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and
contains approximately 1.20 acres. The request is to rezone the subject property to UT, URBAN
THOROUGHFARE. Planner: Dara Sanders
BACKGROUND:
The subject property is located at 3710 Martin Luther King Boulevard, west of Old Farmington
Road, and is developed for a single-family dwelling.The floodway and associated floodplain of the
Goose Creek is located on the northern portion of the property,which leaves a small portion of area
outside of the floodway and floodplain adjacent to Martin Luther King Boulevard. Similarly, the
property to the east is significantly affected by the floodway and floodplain, and the property to the
west is completely within the floodway and floodplain. Surrounding land uses and zoning are shown
in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction
from Site Land Use Zoning
North Single family residential RMF-24, Residential Multi-family 24 du/acre
South Undeveloped and a nonconforming R-A, Residential Agricultural, C-2, Thoroughfare
salvage yard Commercial
East Undeveloped C-2, Thoroughfare Commercial
West Undeveloped C-1, Neighborhood Commercial
Proposal: The applicant has submitted an application to rezone the property from C-1,
Neighborhood Commercial to UT,Urban Thoroughfare. The applicant's request discusses that it is
impractical to use the property as it is zoned C-1 with a single-family dwelling.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends denial of the applicants request to rezone the property to UT, Urban
Thoroughfare. However,staff has discussed with the applicant support for a rezoning request to CS,
Community Services, zoning district, finding that the CS district is comparable to the existing
underlying C-1,Neighborhood Commercial,zoning district but would allow for the continued use of
the existing single-family dwelling on the property,as well as similar permitted and conditional uses.
PLANNING COMMISSION ACTION: Required YES
Date: 05-23-11 ❑Tabled x Forwarded ❑ Denied
Motion:Winston to forward with a recommendation of approval for the CS CommunitV
Services zoning district) Second: Chesser Vote: 9-0-0
CITY COUNCIL ACTION: Required YES
Date: ❑Approved ❑Denied
INFRASTRUCTURE:
Streets: The site has access to Martin Luther King Blvd. Martin Luther King Blvd is a
fully improved five lane state highway in this location.
Water: Public water is available to the property. There is 1" water main stubbed across
Martin Luther King to this property Public water main improvements will be
necessary to provide adequate fire flow for a future development.
Sewer: Sanitary sewer is available to the site. There is a 6" and 10"public main located
through this property. A capacity analysis of the existing 6" sewer main may be
necessary if a connection is proposed at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is largely affected by the 100-year floodplain and the
Streamside Protection Zones.
Police: The Fayetteville Police Department has not objected to this request.
Fire: The Fayetteville Fire Department does not anticipate that this request will affect calls
for service or response times.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as City Neighborhood Area, which is a denser and primarily residential urban
fabric where mixed and low -intensity nonresidential uses are usually confined to corner locations.
City Neighborhood Areas recognize conventional strip commercial developments, but encourages
complete, compact, connected neighborhoods.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use planning
objectives, principles, and policies and with land use and zoning plans.
Finding: This area transitions from a regional commercial area to the east (Wal-Mart,
Lowe's, various hotels, etc) to low- to medium -density residential areas to the west
toward Farmington, as indicated in the attached aerial image and project maps. The
surrounding areas are primarily residential in nature with the exception of the
nonconforming use of the salvage yard located to the southeast.
Staff finds that the applicant's request to rezone the property to Urban
Thoroughfare is in inconsistent with land use planning objectives, principles and
policies. The City Neighborhood Area, the land use designation for this property,
recommends that uses should primarily serve residents of Fayetteville rather than a
regional population. The Urban Thoroughfare district is intended to provide goods
and services for persons living in the surrounding communities and would allow for
uses by -right that could be incompatible with the surrounding uses, the residences
to the north, and the adjacent stream if not reviewed and conditioned appropriately,
specifically large and small commercial recreation sites, unlimited regional shopping
goods, and transportation -related trades and services (used car lots, automotive
sales and repair, bus station, body shops, etc).
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that rezoning the property to a form -based zoning district is justified due
to the development limitations imposed on the subject property as a result of the
regulations associated with the floodway, floodplain, and Streamside Protection
Ordinance. A form -based zoning district would require new development to be
constructed close to the street, providing more buildable area away from the
floodplain at the back of the property; however, staff does not find that "up
zoning", or increasing the intensity and permitted uses on the subject property, to
the UT district is justified or needed.
Staff finds that rezoning the subject property from the C-1 zoning district to the
comparable mixed use, form -based CS zoning district is more appropriate, as it
would allow for the maintenance and expansion of the existing residential dwelling,
increase the buildable area with the "build -to zone", and allow for the future
redevelopment of the property in accordance with the goals and objectives of City
Plan 2025 without introducing potentially incompatible uses.
A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: Future development with the proposed zoning would increase traffic on Martin
Luther King Boulevard more than that which exists today. With the regulations of
Chapter 166.08, Street Design and Access Management Standards, the proposed
zoning would likely not create or appreciably increase traffic danger or congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: Increased load on public services were taken into consideration and
recommendations from the Engineering, Fire, and Police Departments and are
included in this report. The proposed zoning change should have no discernable
impact on public services.
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: Not applicable.
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.
City-wide uses b ri ht
Government Facilities
Eatinglaces
FET8
Nei hborhood shopping
Gasoline service statons and drive-in/drive
throw h restaurants
Offices, studios, and related services
(2) Conditional uses.
Unit 2
Ci -wide uses b 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'
Unit40
Sidewalk Cafes
Unit42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to a residential
district
10 ft.
Rear
20 ft.
(F) Height regulations. There shall be no
maximum height limits in C-1 District, provided,
however, that any building which exceeds the
height of 10 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 10
feet.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
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 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
1 Eating places
Unit 15
Neighborhood Shopping goods
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Trans ortation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling 18 ft.
All others None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
The principal fagade of a
building shall be built
within a build -to zone
that is located between 10
feet and a line 25 feet
from the front property
line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a residential
district:
(F) Height regulations. Maximum height is 4
stories or 56 feet which ever is less.
(G) Minimum buildable street frontage. 65% of
the lot width.
161.21 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is
designed to provide goods and services for persons
living in the surrounding communities. This district
encourages a concentration of commercial and
mixed use development that enhances function and
appearance along major thoroughfares.
Automobile -oriented development is prevalent
within this district and a wide range of commercial
uses is permitted. For the purposes of Chapter 96:
Noise Control, the Urban Thoroughfare district is a
commercial zone. The intent of this zoning district
is to provide standards that enable development to
be approved administratively.
(B) Uses.
(I) Permitted uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating places
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive
through restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 41
Accessory Dwellings
Note: Any combination of above uses is permitted
upon any lot within this zone. Conditional uses shall
need approval when combined with pre -approved uses.
(2) Conditional uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk cafes
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Single-family dwelling
18 feet
All other dwellings
None
Non-residential
None
(2) Lot area minimum None
(E) Setback regulations.
Front:
The principal fagade of a
building shall be built
within a build -to zone
that is located between 10
feet and a line 25 feet
from the front property
line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a residential
district:
(F) Height regulations. A building or a portion of
a building that is closer than 15 feet from the front
property line shall have a maximum height of 4
stories or 56 feet, whichever is less. A building or
portion of a building that is located 15 feet or
greater from the front property line or the Master
Street Plan right-of-way shall have a maximum
height of 6 stories or 84 feet, whichever is less.
Any building that exceeds the height of 20 feet
shall be set back from any boundary line of a
single-family residential district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Minimum buildable street frontage. 50% of
the lot width.
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RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595):
Submitted by Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN
LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 1.20 acres. The request is to rezone the subject
property to UT, URBAN THOROUGHFARE. Planner: Dara Sanders
Public water is available to the property. There is 1" water main stubbed across Martin Luther
King to this propoerty Public water main improvements will be necessary to provide adequate
fire flow for a future development.
Sanitary sewer is available to the site. There is a 6" and 10" public main located through this
property. A capacity analysis of the existing 6" sewer main may be necessary if a connection is
proposed at the time of development.
The site has access to Martin Luther King Blvd. Martin Luther King Blvd is a fully improved
five lane state highway in this location.
Standard improvements and requirements for drainage will be required for any development.
This property is largely affected by the 100-year floodplain and the Streamside Protection Zones.
To:
From:
Date:
Re:
THE CITY OF FAYETTEVILLE, ARKANSAS
FIRE DEPARTMENT
I �..�� 303 West Center Street
Fayetteville, AR 72701
P (479) 575-6365 F (479) 575-0471
Zoning Review
Dara Sanders
Terry Lawson, Fire Marshal
May 17, 2011
RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595): Submitted by Submitted by MEHDI ZAIFI for
property located at 3710 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains
approximately 1.20 acres. The request is to rezone the subject property to UT, URBAN THOROUGHFARE.
Planner: Dara Sanders
This development will be protected by Engine 6 located at 900 Hollywood Ave.
It is 1 miles from the station with an anticipated response time of 3 minutes to the beginning of the development.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times.
If you have any questions please feel free to contact me.
Terry Lawson, Fire Marshal
Fayetteville Fire Department
Teleconum... cations, neme f,,i the Dea( TUD (479) 521-1316 ����� �- I G Wost blouu ,.w Fwvelteville, All72701
Mehdi Zaifi
2599 N. Elizabeth Ave.
Fayetteville, AR
72703
City of Fayetteville, Arkansas Planning Division
Dear Sir,
As a request for a rezoning from a C-1 to a U.T, I, Mehdi Zaifi, owner of a property located at 3710 West
6th St. of Fayetteville AR, would like to explain my reasoning for this need and the description of my
property as it follows.
A. The property consists of 1.2 acres of land, which is currently zoned C-1, and an old residential
building.
B. The back part of the land is under floodway, and a big portion of it is under a flood zone. That
and with the C-1 zoning, it is difficult to put any new commercial buildings or even reconstruct
the old one with the limitation of the C-1 zoning.
C. The property is located on a major highway (hwy 62) that connects Fayetteville to Farmington
and Prairie Grove. This Hwy is very commercialized and there is a Wal-Mart Supercenter and a
Lowe's very close by on the same street.
D. The property currently has all the utilities and uses the city sewer system.
E. As of any major hwy, the street has a large size of traffic, but any concern about any increased
traffic could be answered by:
1. The property is already a C-1 and that has been approved based on the reality of the
traffic flow.
2. Any improvement plan for entering or exiting the premises could be addressed with any
improvement.
F. At this time it is very impractical to use this premises as it is zoned as C-1 with a residential
building in it.
As a better alternative, changing the current zone to UT would be much more beneficial. This is also
more consistent with your ideas in approaching the merging of commercial and residential premises in
our area.
Mehdi Zaifi '
RZN 11-3835
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NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THEMORNING OF S
NORTHWEST ARKANSASTIMES
NEWSPAPERS
BENTON COUNTY DAILY RECORD
212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607, 72702 1 479-442-1700 1 WWW..NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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 5417
Was inserted in the Regular Editions on:
July 14, 2011
Publication Charges: $ 58.36
nGL GU
Cathy Wiles
Subscribed and sworn to before me
This J { day of ly , 2011.
Notary Public I
My Commission Expires: I a-o
r
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.
VX61A � S]
JUL 2.6 2011
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO.5617
AN ORDINANCE RE NING THAT PROPERTY
DESCRIBED IN RQONING PERT'ON CS RZNLOC 11 D ATaye
FOR APPRO%IMATELY 1.20 ACRLS, LOCATED AT 1
3710 WEST MARTIN LUTHER KING BOULEVARD
FROM G1, NEIGHBORHOOD COMMERCIAL TO CS
COMMUNITY SERVICES AaxAasRa
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CRY OF FAYETTEVILLE, ARKANSAS..
Bectl t1. That the zone clzesiffoatlon of the faloWng desenied'ppparty is hereby changed
asldbws:-
From C i NeighbcrhooG Commercial' to CS,
Community Setvces, as shown on Exhibits "A"
and'R' attached hereto and made a Pad hereof
toretio-2- flat the zoning
official zoning i'M the tyof Fayettevrla Aff anses is herebyended
em'
g change P!ovided m SCieeoorr l-pove:..
PASSED and APPROVED this 5th day of Jay; 2011
APPROVED: -ATTEST
Br I*
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Uwk/rensurer
ExllibiLs (or thn: ordinance may bewewed m iheoffice of the City clerWOeasurer.