The URL can be used to link to this page

Home My WebLink AboutOrdinance 5441 Doc ID: 014260000004 Type: REL Kind: ORDINANCE Recorded: 10/18/2011 at 01:36:51 PM Fee Amt: $30.00 Pace 1 of 4 Washington Countv. AR Bette Stamos Circuit Clerk File2011-00029223 ORDINANCE NO. 5441 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3901, FOR APPROXIMATELY 16.24 ACRES, LOCATED AT 811 AND 833 SOUTH BEECHWOOD AVENUE FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND I-2, GENERAL INDUSTRIAL, TO CS, COMMUNITY SERVICES 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 herby changes the zone classification of the following described property from I-1, Heavy Commercial and Light Industrial and I-2, General Industrial to CS, Community Services, 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 amended the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 20th day of September, 2011. APPROVED:: ATTEST: O ELD J , ayor SO RA E. SMITH, City Clerk/Treasurer 0 •• SGS. G�ZY O;c•.� c ;FAYETTEVILLE; 3 6�isy•`...e• Q `�� EXHIBIT "A" RZN11-3901 LOVE BOX Close Up Wow � iwvaa a MRCHELL ST 0807 0 SUWECT PROPERTY IKAYWOODLN R.p OLD FARMINGTON Rom c PZD / FARMINOTOO`l / ........... ............ _ OFFICE DR 0 i STORAGE DR •} 6 41 i .......•• •.• WAREHOUSE OR FARNELL DR a C flP7P p II � W La: end .t •-- Multi-Use Trail(E7Asting) ......'e Future Trails Faye*llle City Limits PRIVATE 1149 LaUUPZN11.3901 f Footprints 2010 - Hillside-Hilltop Ovi May District Design Overlay Di tricl Design Overlay Di strict ------ Planning Area 0 zs 250 so9 750 ta000` EXHIBIT "B" RZN 11-3901 SURVEY DESCRIPTION A PART OF THE SOUTHEAST QUARTER(SEI/4)OF THE SOUTHWEST QUARTER(SWI/4)OF SECTION SEVENTEEN(17)AND A PART OF THE NORTHEAST QUARTER(NEI/4)OF THE NORTHWEST QUARTER(NW 1/4)OF SECTION TWENTY (20),ALL IN TOWNSHIP SIXTEEN(16)NORTH,RANGE THIRTY(30) WEST,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER(NEI/4)OF THE NORTHWEST QUARTER(NW I/4)OF SAID SECTION TWENTY(20), SAID POINT BEING AN EXISTING COTTON SPINDLE IN THE CENTER OF BEECHWOOD AVENUE;THENCE N 88°53'00"W 25.00 FEET TO AN EXISTING IRON REBAR ON THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE; THENCE N 00°23'31"E 450.00 FEET ALONG SAID RIGHT-OF- WAY LINE TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE,N 88°51'44"W 811.28 FEET TO AN EXISTING IRON REBAR; THENCE N00°25'12"E 696.34 FEET TO AN EXISTING IRON REBAR;THENCE N 75'55'09"E 319.55 FEET ALONG THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN LAND RECORD 92-12961 AND SHOWN ON A SURVEY FILED IN SURVEY DRAWER 3 AT PAGE 89 OF THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS,TO AN EXISTING COTTON SPINDLE;THENCE N 13°40'34"w 192.61 FEET ALONG THE EAST LINE OF THE ABOVE MENTIONED TRACT AND SURVEY TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY#62;THENCE ALONG SAID RIGHT-OF-WAY,THE FOLLOWING BEARINGS AND DISTANCES: S 69°55'03"E 31.93 FEET TO AN EXISTING IRON REBAR; N 59040'33"E 36.80 FEET TOA SET'/2"IRON REBAR; N 87001'33"E 349.20 FEET TO AN EXISTING IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE, S 00°23/31"w 127.21 FFET TO AN EXISING IRON REBAR ON THE SOUTH LINE OF THE SOUTHEAST QUARTER(SEI/4) OF THE SOUTHWEST QURTER(SW 1/4)OF SAID SECTION SEVENTEEN(17), SAID POINT BEING AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 721 AT PAGE 499 IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS;THENCE S 88°45'43"E 113.00 FEET ALONG THE SOUTH LINE OF THE ABOVE MENTIONED TRACT TO AN EXISTING IRON REBAR ON THE WEST RIGHT- OF-WAY LINE OF BEECHWOOD AVENUE, SAID POINT BEING N 88°45'43"w 50.00 FEET FROM THE SOUTHEAST CORENR OF THE SOUTHEAST QUARTER(SEI/4)OF THE SOUTHWEST QURTER(SWI/4)OF SAID SECTION SEVENTEEN(17);THENCE S00°23'31"w ALONG SAID RIGHT-OF-WAY LINE 142.41 FEET TO AN EXISTING IRON REBAR ON THE NORTH RIGHT-OF-WAY LINE OF THE ST.LOUIS AND SAN FRANCISCO RAILROAD;THENCE S 14000'10"F ALONG THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE 100.55 FEET TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE S 00°23'31"w 633.55 FEET TO THE POINT OF BEGINNING, CONTAINING 16.24 ACRES MORE OR LESS, FAYETTEVILLE,WASHINGTON COUNTY,ARKANSAS, ALSO BEING KNOWN AS A PART OF LOT TWELVE(12),LEWIS SUBDIVISION(BERT LEWIS SUBDIVISION)AND A PART OF BLOCKS FOUR(4),ONE(1),AND SEVEN(7)OF THE REPLAT OF WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS. THE ABOVE DESCRIBED 16.24 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAY CONTAINED IN THE FOLLOWING DEEDS OF RECORD: LAND DOCUMENT 2007-00019713 LAND DOCUMENT 2009-00015165 LAND DOCUMENT 2011-00009901 NOTE: NO BUILDINGS EXISTING ON THE SURVEYED PROPERTY. Washington County, AR I certify this instrument was filed on 10/18/2011 01:38:51 PM and recorded in Real Estate File Number 2011-00029223 Bette Stamps-Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 9/20/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 11-3901: (811 & 833 S. Beechwood Ave./Love Box, 559): Submitted by Jorgensen &Associates for property located at 811 & 833 South Beechwood Avenue. The property is zoned 1-1, Heavy Commercial and Light Industrial and 1-2, General Industrial and contains approximately 16.24 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 01.41.1411 Previous Ordinance or Resolution# Department Director Date Original Contract Date: Original Contract Number: City ttorne ^ Date Rl,� Q � 9 -1.2011 Finance and Internal Services Director Date Received in City Clerk's Office J/�JIt 'lln� `-1-I1 Chief of St a Date EKT¢1tE Received in Mayor's Office Ma or Comments: Revised January 15, 2009 laywelredi 1e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE Afl KANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: August 30, 2011 Subject: RZN 11-3901 (Love Box) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from I- 1, Heavy Commercial and I-2, General Industrial to CS, Community Services. BACKGROUND The subject property is located at the southwest corner of Martin Luther King Boulevard and Beechwood Avenue (811 and 833 Beechwood Avenue). The property contains 16.24 acres and is zoned I-1, Heavy Commercial and Light Industrial and I-2, General Industrial. This is a vacant, industrial site with access to a rail spur. The applicant has submitted an application to rezone the property from I-1, Heavy Commercial and I-2, General Industrial to CS, Community Services. DISCUSSION On August 22, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 9-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3901, FOR APPROXIMATELY 16.24 ACRES, LOCATED AT 811 AND 833 SOUTH BEECHWOOD AVENUE FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND 1-2, GENERAL INDUSTRIAL, TO CS, COMMUNITY SERVICES 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 herby changes the zone classification of the following described property from I-1, Heavy Commercial and Light Industrial and 1-2, General Industrial to CS, Community Services, 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 amended the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN11-3901 LOVE BOX Close Up view . MITCHELL ST 050 7 'W SUBJECT PROPERTY �'u� y "µµ' - ',E ICA•ANOODW Y" fix- i OLD FARM_INO7oN Ro .l =f f FARMINOTON 91 1.1. ri � � r ••5. • 0. - I OFRCEDR 9TORAUE DR YY`} R8Fd ••"••••'" WAREHOUSE OR A PARNELL OR �.•• r+ RP7D 00• LQ' and Mutti•lUseTrail(Esling) FuturalTretls A � PRIVATE 1149 EL Fayet�ville City 1its Lajif-N-11-3901 Footprints 2010 _ Hillside-Hilltop Ov irlay District L-..-.! Design Overlay Di trict Design Overlay Minot ---- Planning Area 0 zs so xoo so 00 <a1 EXHIBIT "B" RZN 11-3901 SURVEY DESCRIPTION A PART OF THE SOUTHEAST QUARTER(SEI/4) OF THE SOUTHWEST QUARTER(SW I/4)OF SECTION SEVENTEEN(17)AND A PART OF THE NORTHEAST QUARTER(NE1/4)OF THE NORTHWEST QUARTER(NW 1/4)OF SECTION TWENTY (20),ALL IN TOWNSHIP SIXTEEN(16)NORTH,RANGE THIRTY(30)WEST,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER(NEI/4)OF THE NORTHWEST QUARTER(NW 1/4)OF SAID SECTION TWENTY(20), SAID POINT BEING AN EXISTING COTTON SPINDLE IN THE CENTER OF BEECHWOOD AVENUE;THENCE N 88°53'00"W 25.00 FEET TO AN EXISTING IRON REBAR ON THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE;THENCE 00°23'31"E 450.00 FEET ALONG SAID RIGHT-OF- WAY LINE TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE,N 88°51'44"W 811.28 FEET TO AN EXISTING IRON REBAR;THENCE N00°25'12"E 696.34 FEET TO AN EXISTING IRON REBAR;THENCE N 75°55'09"E 319.55 FEET ALONG THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN LAND RECORD 92-12961 AND SHOWN ON A SURVEY FILED IN SURVEY DRAWER 3 AT PAGE 89 OF THE LAND RECORDS OF WASHINGTON COUNTY,ARKANSAS,TO AN EXISTING COTTON SPINDLE;THENCE N 13°40'34"w 192.61 FEET ALONG THE EAST LINE OF THE ABOVE MENTIONED TRACT AND SURVEY TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY#62;THENCE ALONG SAID RIGHT-OF-WAY,THE FOLLOWING BEARINGS AND DISTANCES: S 69°55'03"E 31.93 FEET TO AN EXISTING IRON REBAR; N 59040'33"E 36.80 FEET TO A SET %2"IRON REBAR; N 87°01'33"E 349.20 FEET TO AN EXISTING IRON REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE, S 00°23/31"w 127.21 FFET TO AN EXISING IRON REBAR ON THE SOUTH LINE OF THE SOUTHEAST QUARTER(SE 1/4) OF THE SOUTHWEST QURTER(SWI/4) OF SAID SECTION SEVENTEEN(17), SAID POINT BEING AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 721 AT PAGE 499 IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE S 88°45'43"E 113.00 FEET ALONG THE SOUTH LINE OF THE ABOVE MENTIONED TRACT TO AN EXISTING IRON REBAR ON THE WEST RIGHT- OF-WAY LINE OF BEECHWOOD AVENUE, SAID POINT BEING N 88°45'43"w 50.00 FEET FROM THE SOUTHEAST CORENR OF THE SOUTHEAST QUARTER(SEI/4)OF THE SOUTHWEST QURTER(SWI/4)OF SAID SECTION SEVENTEEN (17);THENCE S00°23'31"w ALONG SAID RIGHT-OF-WAY LINE 142.41 FEET TO AN EXISTING IRON REBAR ON THE NORTH RIGHT-OF-WAY LINE OF THE ST.LOUIS AND SAN FRANCISCO RAILROAD;THENCE S 14'00'1 0"E ALONG THE WEST RIGHT-OF-WAY LINE OF BEECHWOOD AVENUE 100.55 FEET TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF SAID RAILROAD;THENCE S 00°23'31"w 633.55 FEET TO THE POINT OF BEGINNING, CONTAINING 16.24 ACRES MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY,ARKANSAS. ALSO BEING KNOWN AS A PART OF LOT TWELVE(12),LEWIS SUBDIVISION(BERT LEWIS SUBDIVISION)AND A PART OF BLOCKS FOUR(4),ONE(1),AND SEVEN(7)OF THE REPLAT OF WESTWOOD ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS. THE ABOVE DESCRIBED 16.24 ACRE TRACT BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAY CONTAINED IN THE FOLLOWING DEEDS OF RECORD: LAND DOCUMENT 2007-00019713 LAND DOCUMENT 2009-00015165 LAND DOCUMENT 2011-00009901 NOTE: NO BUILDINGS EXISTING ON THE SURVEYED PROPERTY. • aye11"T evl e PC Meeting of August 22, 2011 An KAN SnS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: ^^ ,z0 Updated August 30, 2011 RZN 11-3901: Rezone (811 & 833 S. BEECHWOOD AVEJLOVE BOX, 559): Submitted by JORGENSEN & ASSOCIATES for properties located at 811 and 833 SOUTH BEECHWOOD AVENUE.The properties are zoned I-1,HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and I-2, GENERAL INDUSTRIAL and contains approximately 16.24 acres.The request is to rezone the properties to CS, COMMUNITY SERVICES. Planner: Andrew Garner BACKGROUND: The subject property is located at the southwest corner of Martin Luther King Boulevard and Beechwood Avenue(811 and 833 Beechwood Avenue).The property is contains 16.24 acres and is zoned I-1, Heavy Commercial and Light Industrial and I-2, General Industrial. This is developed, vacant, industrial site with access to a rail spur. Surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Mixed commercial uses C-2, Thoroughfare Commercial South and East Industrial and warehousing 1-1, Heavy Commercial and Light Industrial West McDonald's restaurant; City 1-1, Heavy Commercial and Light Industrial; P-1, fire station Institutional Proposal: The applicant has submitted an application to rezone the property from I-1, Heavy Commercial and 1-2, General Industrial to CS, Community Services. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding RZN 11-3901 to the City Council with a recommendation of approval based on findings stated herein. G:\ETC\Development Services Review\201 l\Development Review\l 1-3901 RZN SW Comer of MLK& Beechwood(Asset Plus)\03 Planning Commission\08-22-2011\Comments and Redlines COMMISSION ACTION: Required YES (Date: 08-22-11 X Forwarded ❑ Denied Motion: Hoskins Second: Chesser Vote: 9-0-0 ICITY COUNCIL ACTION: I Date: INFRASTRUCTURE: Required YES ❑ Approved ❑ Denied Streets: The site has access to Martin Luther King Boulevard, an improved five -lane state highway adjacent to the northern border of the site, and Beechwood Avenue, a two- lane Local Street adjacent to the eastern border of the site. Street improvements to this site will be evaluated at the time of development. Water: Public water is available to the property. There is an 8" water main on the north side of Martin Luther King Boulevard and on the west side of Beechwood Avenue. Public water main improvements may need to be extended to the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is a 6" public main that traverses the northern portion of the site and an 8" public main along the east side of Beechwood Avenue. A capacity analysis of the existing sewer mains may be necessary 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. Police: The Fayetteville Police Department has not objected to this request. Fire: The Fayetteville Fire Department has not objected to this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Industrial, are those areas with buildings, that by their intrinsic function, disposition or configuration, cannot conform to one of the other designated areas and/or its production process requires the area to be separated from other uses. G:\ETC\Development Services Review\2011\Development Review\l 1-3901 RZN SW Comer of MLK & Beechwood (Asset Plus)\03 Planning Commission\08-22-2011\Comments and Redlines FINDINGS OF THE STAFF 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 properties are a mix of commercial and light industrial/warehousing uses. The introduction of a form -based, CS zoning district into this transitional area along Martin Luther King Boulevard and south along Beechwood Avenue would be both different and compatible with the surrounding uses. The surrounding uses are not heavy industrial or manufacturing types of uses that would pose adverse noise, traffic, or odor impacts to the mix of uses that would be permitted under the CS zoning. Due to this site's proximity along a major commercial corridor and within walking distance of the University of Arkansas campus, the mix of uses permitted in CS zoning district would be compatible. The CS designation would be consistent with many of the primary goals of City Plan 2030 including: Goal 1: We will make appropriate infill and revitalization our highest priorities. The proposed CS zoning would permit a mix of uses in the core of the City in an abandoned industrial site, encouraging infill and revitalization of this property. Goal 2: We will discourage suburban sprawl. By being an infill site this proposal discourages suburban sprawl and keeps greenfelds on the perimeter. By being an infill site development of this property will be able to take advantage of proximity to a larger existing pool of potential employees, transit, and utility infrastructure than a sprawling development. Goal 3: We will make traditional town form the standard. This proposed CS zoning is a form -based zone with a build -to zone and design standards in a traditional town form. This type of zoning provide the opportunity for a variety of uses creating the ability to live, work, shop, and have daily needs and services met within walking distance. Goal 4: We will grow a livable transportation network. By being a form -based zone in an infill location the zoning provides the opportunity to concentrate development along one of the busiest corridors of the City with access to transit, and in close proximity to the University of Arkansas, a major employment and economic center ofthe City. This helps towards thegoal of improved and expanded public transit. Goal 6: We will create attainable housing. The variety of lot sizes and residential products that are permitted under the CS G:\ETC\Development Services Review\2011\Development Review\11-3901 RZN SW Comer of MLK & Beechwood (Asset Plus)\03 Planning Commission\08-22-2011\Comments and Redlines zoning create the opportunity for attainable housing. The proposed CS zoning is not consistent with the Industrial designation on the Future Land Use Plan map recently adopted with City Plan 2030. The proposed zoning would be removing the right for industrial use and development on this 16-acre property. However, the site is adjacent to City Neighborhood Area to the north and west, and Urban Center Area to the east. It is not out of line with the purpose and intent of the Future Land Use Plan map for this property to be rezoned to a form -based zone. This piece of property was specifically discussed with the Fayetteville Chamber of Commerce with the recent adoption of City Plan 2030. The designation of this site was changed from City Neighborhood Area to Industrial from City Plan 2025 to City Plan 2030 because of concerns expressed by the Chamber's Economic Development Team that the City is in need of industrial sites, and in particular sites that have access to rail. The continued vacancy of this site, however; leads staff to believe that the return of an industrial use to this property — in the midst of many non -industrial neighbors — is less likely to occur. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: At this time the property is zoned I-1 and 1-2, which primarily permits industrial use. During evaluation of this property as part of the City Plan 2030 update the Fayetteville Chamber of Commerce's Economic Development Team identified the need to retain this property for industrial use. In particular this site was discussed as desireable for industry because of access to an active rail spur. This led to City Council adopting a change in designation on the Future Land Use Plan on this site from Urban Center to Industrial. However, the property has been vacant and not been used for industry for multiple years. Additionally, within the last year the property owner had to demolish one of the buildings because of public safety reasons and vagrants living in the building. The property owner of this site has now received interest from a buyer. This buyer does not want to utilize the property for industry but wants to utilize the property for uses allowed in the CS zoning district. Given this history of this property, the current market demand for the proposed zoning and the compatibility of the requested zoning with adjacent and nearby uses, staff feels like the request is justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. G:\ETC\Development Services Review\201 I Wevelopment Review\l1-3901 RZN SW Comer ofMLK & Beechwood (Asset Plus)\03 Planning Commission\08-22-2011\Comments and Redlines Finding: In evaluating the CS zoning versus the current industrial zoning, the potential for commercial and residential traffic would potentially increase. However industrial uses can create large amounts of heavy truck and/or employee traffic at all hours. The zoning change should not create or appreciably increase traffic danger and 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: The population density and would potentially increase with the proposed CS zoning as single and multi -family uses are permitted by right, and they are not permitted under the current industrial zonings. However, industrial uses often pose major impacts to infrastructure including waste water and water that are used during processing. There is existing infrastructure in this location and with evaluation and improvements required during the development review adverse impacts would not result. The Fayetteville Police and Fire Departments have not expressed concerns with the impact of this rezoning to their 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. Staff is recommending approval. G:\ETC\Development Services Review\2011\Development Review\11-3901 RZN SW Corner of MLK & Beechwood (Asset Plus)\03 Planning Commission\08-22-2011\Comments and Redlines 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 ofresidential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes ofChapter 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 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-finnily 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 Transportation, 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 G:\ETC\Development Services Review\2011\Development Review\l 1-3901 RZN SW Comer of MLK & Beechwood (Asset Plus)\03 Planning Commission\08-22-2011\Cormnents and Redlines (D) Balkand urea regulations. (1) Lot uddiltminirrnrm. Dwelling 18 a. All others None (2) Lot area mininnon. None (L-) Salbackregnrlaiions Front: Side and rear: Side or rear, when contiguous to a residential district: The principal fapade 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. None 15 feet (F) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (G) d'linintam hui dable a ect fr onlage. 65% of the lot width. (Ord. 5312, 4-20-10. OM. 5339. 9-3-10) GAEl COevelopment Services Review1201 [\Development Reviewl] 1-3901 RLN SW Corner ofMLK Beechwood (Asset Plus)ID Planning Commission108-22-20111Comments and Redlines 161.27 District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitteduses 11 Unit 1 City-wide uses by right Unit 3 Public Drotection and utility facilities Unit 4 Cultural and recreational facilities Units Government Facilities Unit6 Agriculture Unit 13 Ealing laces Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive throw h restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturin Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with under round stoma a tanks Unit42 Clean technolo ies (2) Conditional uses Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit38 Mini -storage units Unit43 Animal boarding and traiaLng. (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts 50 ft. Front, when adjoining C, I, or P districts 25 ft. Side, when adjoiningA or R districts 50 ft. Side, when adioininq C. I, or P districts 10 ft. Rear, when adjoininq C. I, or P districts 10 ft. (F) Height regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. (G) Building area. None. (Code 1965, App. A„ An. 5(VIIt); Ord No 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord No. 2516, 4-3-79; Ord No. 1747, 6-29-70; Code 1991, § 160.039; Ord. No, 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4992, 3-06-07; Ord, 5028, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20- 10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10) G:\ETC\Development Services Review\2011\Development Review\l 1-3901 RZN SW Comer of MLK & Beechwood (Asset Plus)\03 Planning CommissionN08-22-2011\Comments and Redlines 161.28 District I-2, General Industrial (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit Government Facilities Unit Agriculture Unit 7 Animal husband Unit 18 Gasoline service stations and drive-in/drive throw h restaurants Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit23 Heavy industrial Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 42 Clean technologies Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 Ci -wide uses by conditional use permit Unit 31 Facilities emitting odors and facilities handling ex losives. Unit 36 Wireless communications facilities Unit 38 Mini -storage Units Unit 39 Auto salvage and junk yards (C) Density. None. (D) Bulk and area regulations. None. (L) Setbackregulations. Front, when adjoining A or R districts 100 ft. Front, when adjoining C, I or P districts 50 ft. Side, when adjoining A or R districts 50 ft. Side, when adjoining C, I or P districts 25 ft. Rear 1 25 ft. (F) Height regulations. There shall be no maximum height limits in I-2 Districts, provided, however, that any building which exceeds the height of 25 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 25 feet. (G) Building area. None. (Code 1965, App. A., Ail. 5(IX); Ord. No. 2351, 6-21-77; Ord. No 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, § 160-040; Ord. No. 3971, §2, 5- 21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195, 1 1-6-0& Ord. 5312, 4-20-10; Ord. 5339,8-3-10; Ord. 5353, 9-7-10) G:\ETC\Development Services Review\2011\Development ReviewA 1-3901 RZN SW Comer of MLK & Beechwood (Asset Plus)\03 Planning Commission\08-22-2011\Comments and Redlines JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Love Box property Rezoning FAYETTEVILLE, ARKANSAS 72703 - (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. 7-14-11 This letter is in regards to the above referenced proposed rezoning and the following required information: A. The current owner of this site is Pratt Properties Inc. B. Currently this property is zoned I -I and used to be the Love Box Company. The reason for the requested Community Service zoning is to allow for potential retail along Martin Luther King Blvd. with multi -family housing to the south in the remaining portion of the property. The current zoning limits the marketability of the property and has yet to find a suitable new owner; the market has indicated that the current zoning is not desired; however the Community Service zoning would suit this property well. C. By proposing Community Service zoning for this property, we will be enhancing the surrounding properties as they are an extension of community services. Goods and services along 6th Street (Martin Luther Kind Blvd) will benefit from this rezoning and the traffic generated will naturally create business for these existing and future services. This rezoning will aid in developing a cohesive living environment. D. Sewer currently lies on the north and east sides of this property, water lies on the east side. Size at this point has not be verifiable, we will follow up on this. E. Rezoning this property to Community Service falls within line of the land use principles and demands of this area. F. This zoning is appropriate this time and is necessary to meet the current and future market needs. G. This rezoning will increase traffic to this region, however this property is adjacent to a major street which has the capacity for this increased traffic load. Increased traffic will also aid in the commercial businesses within the vicinity of this project. IT. Rezoning this property will increase population density, which will benefit this city and negate urban sprawl, which is not in line with the City's 2030 Plan. Public services are in -place and have the capacity to support this rezoning. 1. This property has been on the market for sometime now and it is apparent that industrial uses are not appropriate for this site. The current zoning was a function of its former use and with the growth of the City and its community service and housing needs, not industrial needs, this rezoning is appropriate. We ask that you please consider this rezoning. Please contact us if you have any questions. Sincerely; _L BI orgensen, P.E. PUBLIC WORKS' LAND DEVELOPMENT' WATER SYSTEMS' WASTEWATER SYSTEMS' LAND SURVEYING' RZN11-3901 LOVE BOX One Mile View a1 F SUBJECT PROPERTY \• cs7 HI R NlIF@ 11 FARM Ro 1 DR NO a RI G 1., 0. PUBLIC 1250 •. 1�✓ : 1 ,{ 1t NrnFas WE 108P ,.•,ia LI { 1 G, Overview Legend •-41ta�1 SahjeotProperly - ®RZNIU3901 �f ! Boundary -LW .5 a 117 0 0.25 0.5 R 1 II ` ` Legeic� ......aernj r rail (Existing) / F rail G_t _CI 11•� ..I,I. F4tt5� ' jTDf Cft •Nerr NSF! qgF� EM RZN 11-3901 Desi n Overlay District flan iingArea FayE tteville 1 1 M les RZN11-3901 LOVE BOX Close Up View W RMP-24 z 2 Q �+ MITCHELL ST PRry S07 K a ❑ > a SUBJECT PROPERTY z` W _ mKAVWOOD LN _ R•O OLD FARMINGTON RD I+ P I 1 JI '1 6 yR4Fi ••••�� G-2 } PARNELL DR': 1 I; li 1 I' ••�� ••� ••`i,.•• • •• • 4 •y. Le.g end 1'I •••••.1••• Mufi-Use Trail(E)lsting) Future Trails 1 Faye4ville City Limits RZN 11-3901 Footprints 2010 — Hillside -Hilltop C Design Overlay Design Overlay ------ Planning Area District m c FARMINGTO'A5'1 •� r m OFFICE DR STORAGE DR O 1.1 z WAREHOUSE DR 4 0 RPM ❑ S W W W m F x 0 125 250 500 750 1.000 Feet PRIVATE 1149 1.2 0 RZN11-3901 LOVE BOX Future Land Use IECT PROPERTY mm CM"Mplete Neighborhood = QMG and Private Open _ Civic tnstitulional Non -Municipal Govemm. ROW Pesign Overlay District Design Overlay District ----• Planning Area PRIVATE 1399 0 200 400 600 1,200 OFFICE OR STORAGE OR [[[OCCC WAREHOUSEOR PRIVATE IT49 PUBLIC 1250 1,600 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDAE THE MORNING NEWS OF ROGERS NMSPAPE16LLC flMES BENTON COUNTYORTHWESTAILY 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 -5441 Was inserted in the Regular Editions on: September 29, 2011 Publication Charges: $64.85 L",) Cathy Wiles Subscribed and sw�grn to before me This it day of �� , 2011. o ary Public My Commission Expires: DAESNA{MBoot" NOTAWPLoW.� **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVE® OCT 0 7 2011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE