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Home My WebLink AboutOrdinance 5577Doc ID: 015148550003 Type: REL Kind: ORDINANCE Recorded: 04/25/2013 at 08:27:30 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2013-00013524 ORDINANCE NO.5577 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4310, FOR APPROXIMATELY 17.28 ACRES, LOCATED NORTH OF THE INTERSECTION OF NORTH GREGG AVENUE AND WEST VAN ASCHE DRIVE FROM C-1, NEIGHBORHOOD COMMERCIAL TO P-1, INSTITUTIONAL 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 C-1, Neighborhood Commercial to P-1, Institutional, 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 2Id day of April, 2013. APPROVED: ATTEST: I NELD J AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer I NELD71kN, (Z,\T Y 0� FAYETTEVILLE 9 Ns P`' ° sr'.QkA_:4 0 I�:1:I1=11dVmN RZN 13-4310 Close Up View 0 W a J N O, X' y Legend € R-A ... ... ....... MultIUse Trail (Existing) s " FUtdre Trails i Fayetteville City Limits LUM-JOZN13-4310 ® Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict ------ Planning Area 1 HAAS HALL 1 ti M y wDNNE pR I A a r DIARY R 2 I SUBJECT PROPERTY 0 n ' 1. 1 1 1 � 1 � 1 � I i. � 1 � 1 ' � 1 1 1 1 1 Gd i' WREN CIR N HTINGALE CIR ECIWINdCIR 0¢ `gNASCHE�•p i RSF4 : i 700 1.050 1.400 M Feet ca gin �i. EXHIBIT `B" RZN 13-4310 A PART OF THE SOUTH HALF (S %) OF THE NORTHEAST QUARTER (NE'/a) AND A PART OF THE NORTH HALF (N'/z) OF THE SOUTHEAST QUARTER (SE V<) OF SECTION 27, T-17-N, R- 30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN FOUND AT THE SE CORNER OF THE NORTHEAST QUARTER (NE'/a) OF SAID SECTION 27, THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH 2028'46" WEST - 167.56 FEET TO A FOUND IRON PIN, THENCE DEPARTING THE EAST LINE OF SAID SECTION 27 AND ALONG THE SOUTH LINE OF LOTS 19B AND 19C OF CMN BUSINESS PARK 11- PHASE III RECORDED IN PLAT BOOK 23-336 NORTH 86054'28" WEST -908.73 FEET TO THE SW CORNER OF LOT 19C OF CMN BUSINESS PARK II - PHASE 111, THENCE ALONG THE WEST LINE OF SAID LOT 19C THE FOLLOWING FOUR (4) COURSES; NORTH 2°00'53" EAST - 49.72 FEET; NORTH 5006' 17" WEST - 142.63 FEET; NORTH 14102'48" WEST - 188.25 FEET; NORTH 6°00'59" WEST - 72.35 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF VAN ASCHE DRIVE FOR THE POINT OF BEGINNING, THENCE SOUTHWESTERLY ALONG THE CURVING NORTH RIGHT OF WAY LINE OF VAN ASCHE DRIVE A DISTANCE OF 144.00 FEET, SAID CURVE BEING CONCAVE TO THE SE, HAVING A RADIUS OF 455.00 FEET AND WHOSE CHORD BEARS SOUTH 56020'29" WEST - 143.40 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 47016'30" WEST - 118.91 FEET; THENCE SOUTHWESTERLY ALONG THE CURVING NORTH RIGHT OF WAY LINE OF VAN ASCHE DRIVE A DISTANCE OF 277.28 FEET, SAID CURVE BEING CONCAVE TO THE NW, 14AVING A RADIUS OF 345.00 FEET AND WHOSE CHORD BEARS SOUTH 70017'58" WEST- 269.68 FEET; THENCE NORTHWESTERLY CONTINUING ALONG THE CURVING SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 46.20 FEET, SAID CURVE BEING CONCAVE TO THE NE, HAVING A RADIUS OF 30.00 FEET AND WHOSE CHORD BEARS NORTH 42033'29" WEST - 41.77 FEET TO A POINT ON THE EXISTING EAST R/W LINE OF GREGG AVENUE (VARIABLE WIDTH R/W); THENCE ALONG SAID EXISTING EAST R/W LINE THE FOLLOWING SEVEN (7) COURSES; NORTH 1°33'44" EAST - 641.70 FEET; NORTH 3 °29'02" EAST - 193.99 FEET; NORTH 1 °22' 17" EAST - 306.46 FEET; NORTH 3°16'50" EAST - 117.28 FEET TO A FOUND IRON PIN; NORTH 2°24'45" EAST - 275.23 FEET TO A FOUND IRON PIN; NORTH 16°32'02" EAST - 225.44 FEET TO A FOUND IRON PIN; NORTH 13°03'47" EAST - 20.81 FEET, A FOUND IRON PIN BEARS SOUTH 87° 13'50" EAST -2.33 FEET; THENCE DEPARTING SAID EXISTING EAST R/W LINE SOUTH 87'13,50" EAST - 60.67 FEET TO THE NW CORNER OF LOT 19C OF CMN BUSINESS PARK II - PHASE III; THENCE ALONG THE WEST LINE OF LOT 19C OF CMN BUSINESS PARK II - PHASE III THE FOLLOWING SEVEN (7) COURSES; SOUTH 41°52'55" EAST - 94.83 FEET; SOUTH 53006'40" EAST - 115.81 FEET; SOUTH 71°54'49" EAST - 194.56 FEET; SOUTH 2°00'29" WEST - 783.10 FEET; SOUTH 6037'47" WEST - 230.20 FEET; SOUTH 2032'29" EAST - 286.90 FEET; SOUTH 6000'59" EAST - 48.46 FEET TO THE POINT OF BEGINNING, CONTAINING 17.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. A Washington County, AR I certify this instrument was filed on 04/25/2013 08:27:30 AM and recorded in Real Estate File Number 2013-00013524 Kyle Sylvester -Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/2/2013 City Council Meeting Date Agenda Items Only Quin Thompson Planning Development Services Submitted By Division Department C9HlVt GVI=W_104IePitA%101 172): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located NORTH OF THE INTERSECTION OF NORTH GREGG AVENUE AND WEST VAN ASCHE DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 17.28 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached = Department b4ector Dale /:�Z 3-IS-13 City Attorney Date Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 4�,,_1, a - fld,� 3-t - zs b to Finance and Internal Services Director Dated� A, 3LI-Zl- Received in City Clerk's Office Chief of Staff \ Date // ; � Received in � Mayors Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Mart, Chief of Staff p Jeremy Pate, Development Services Director a From: Quin Thompson, Current Planner Date: March 13, 2013 Subject: 13-4310 RZN CMN II PH III Lot 20 & 21 (Haas Hall) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance to rezone the subject property, consisting of multiple parcels containing approximately 17.28 acres in total, from C-1, Neighborhood Commercial, to P-1, Institutional. BACKGROUND The subject property is located east of Gregg Avenue, and north of Van Asche Drive. The property is within the C-1 zoning district and is currently undeveloped. The property is located within 1000 feet of the City of Johnson, and therefore according to Arkansas Statute (A.C.A. 14-56-306) this rezoning, if approved by the City of Fayetteville, will not be effective until the City of Johnson approves it by resolution. This item was heard at the Planning Commission meeting March 11, 2013. There was no public comment. Staff recommended in favor of the proposed zoning. The Planning Commission voted 7-0-1 to support the rezoning request, with Commissioner Hoskins recusing himself from the roll call. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4310, FOR APPROXIMATELY 17.28 ACRES, LOCATED NORTH OF THE INTERSECTION OF NORTH GREGG AVENUE AND WEST VAN ASCHE DRIVE FROM C-1, NEIGHBORHOOD COMMERCIAL TO P-1, INSTITUTIONAL 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 C-1, Neighborhood Commercial to P-1, Institutional, 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 By: LIONELD JORDAN, Mayor day of 2013. ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer WI A 11 RZN 13-4310 Close Up View HAAS HALL OR - 7YVONNE C,4 P MARY R SUBJECT PROPERTY % ♦ . ....... ....... C4 . ............. WREN OR R$r-4. MutttJsb Trai6 (Existling)'. NGALE OR T F, offtmile do Limit's - LUQUPZN13-4310 fit 0 Footprints 2010 Hillside -Hilltop Ovrlay District Design Overlay Di trict Design Overlay Ditrict t�oQ 'qAIASCHS W 0 0. o 0 z vi 0 175 350 700 1,050 1.400 ------ PlanningFeet V: k EXHIBIT "B" RZN 13-4310 A PART OF THE SOUTH HALF (S /z) OF THE NORTHEAST QUARTER (NE ''/4) AND A PART OF THE NORTH HALF (N %z) OF THE SOUTHEAST QUARTER (SE '/4) OF SECTION 27, T-17-N, R- 30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN FOUND AT THE SE CORNER OF THE NORTHEAST QUARTER (NE'/4) OF SAID SECTION 27, THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH 2028'46" WEST - 167.56 FEET TO A FOUND IRON PIN, THENCE DEPARTING THE EAST LINE OF SAID SECTION 27 AND ALONG THE SOUTH LINE OF LOTS 19B AND 19C OF CMN BUSINESS PARK 11- PHASE III RECORDED IN PLAT BOOK 23-336 NORTH 86054'28" WEST - 908.73 FEET TO THE SW CORNER OF LOT 19C OF CMN BUSINESS PARK I1- PHASE III, THENCE ALONG THE WEST LINE OF SAID LOT 19C THE FOLLOWING FOUR (4) COURSES; NORTH 2°00' 53" EAST - 49.72 FEET; NORTH 5'06' 17" WEST - 142.63 FEET; NORTH 14°02'48" WEST - 188.25 FEET; NORTH 6000'59" WEST - 72.35 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF VAN ASCHE DRIVE FOR THE POINT OF BEGINNING, THENCE SOUTHWESTERLY ALONG THE CURVING NORTH RIGHT OF WAY LINE OF VAN ASCHE DRIVE A DISTANCE OF 144.00 FEET, SAID CURVE BEING CONCAVE TO THE SE, HAVING A RADIUS OF 455.00 FEET AND WHOSE CHORD BEARS SOUTH 56020'29" WEST - 143.40 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 47016'30" WEST- 118.91 FEET; THENCE SOUTHWESTERLY ALONG THE CURVING NORTH RIGHT OF WAY LINE OF VAN ASCHE DRIVE A DISTANCE OF 277.28 FEET, SAID CURVE BEING CONCAVE TO THE NW, HAVING A RADIUS OF 345.00 FEET AND WHOSE CHORD BEARS SOUTH 70017'58" WEST -269.68 FEET; THENCE NORTHWESTERLY CONTINUING ALONG THE CURVING SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 46.20 FEET, SAID CURVE BEING CONCAVE TO THE NE, HAVING A RADIUS OF 30.00 FEET AND WHOSE CHORD BEARS NORTH 42033'29" WEST - 41.77 FEET TO A POINT ON THE EXISTING EAST R/W LINE OF GREGG AVENUE (VARIABLE WIDTH R/W); THENCE ALONG SAID EXISTING EAST R/W LINE THE FOLLOWING SEVEN (7) COURSES; NORTH 1°33'44" EAST - 641.70 FEET; NORTH 3°29'02" EAST - 193.99 FEET; NORTH 1 °22' 17" EAST - 306.46 FEET; NORTH 3°16'50" EAST - 117.28 FEET TO A FOUND IRON PIN; NORTH 2°24'45" EAST - 275.23 FEET TO A FOUND IRON PIN; NORTH 16°32'02" EAST - 225.44 FEET TO A FOUND IRON PIN; NORTH 13°03'47" EAST - 20.81 FEET, A FOUND IRON PIN BEARS SOUTH 8713'50" EAST - 2.33 FEET; THENCE DEPARTING SAID EXISTING EAST R/W LINE SOUTH 87° 13'50" EAST - 60.67 FEET TO THE NW CORNER OF LOT 19C OF CMN BUSINESS PARK II - PHASE III; THENCE ALONG THE WEST LINE OF LOT 19C OF CMN BUSINESS PARK II - PHASE III THE FOLLOWING SEVEN (7) COURSES; SOUTH 41 °52'55" EAST - 94.83 FEET; SOUTH 53006'40" EAST - 115.81 FEET; SOUTH 71 °54'49" EAST - 194.56 FEET; SOUTH 2°00'29" WEST - 783.10 FEET; SOUTH 6°37'47" WEST - 230.20 FEET; SOUTH 2°32'29" EAST - 286.90 FEET; SOUTH 6000'59" EAST - 48.46 FEET TO THE POINT OF BEGINNING, CONTAINING 17.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. T• aye evl e PC Meeting of March 11, 2013 ARKAN SAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Mff UPDATED 3-13-2013 RZN 13-4310: Rezone (N. OF THE INTERSECTION OF N. GREGG AVE. AND W. VAN ASCHE DR./HAAS HALL,172): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located NORTH OF THE INTERSECTION OF NORTH GREGG AVENUE AND WEST VAN ASCHE DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 17.28 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Planner: Quin Thompson BACKGROUND: Property Description & Background: The subject property is located east of Gregg Avenue, and north of Van Asche Drive. The property is within the C-1 zoning district and is currently undeveloped. Table t Surroundina Zoning and Land Use Direction from Site Land Use Zoning North Undeveloped C-1, Neighborhood Commercial South Undeveloped / Single family residential C-1, Neighborhood Commercial / RSF-4, Residential Single -Family Four Units Per Acre East Undeveloped C-1, Neighborhood Commercial West I Tune Concrete Plant R-A, Residential Agricultural Proposal: The request is to rezone the property from C-1, Neighborhood Commercial, to P-1, Institutional, to allow for the development of Haas Hall Academy, a private charter school. Public Comment: Staff has not received public continent. RECOMMENDATION: G G:\ETC\Development Services Review\2013\Development Review\13-4310 RZN CMN II PH III Lot 20 & 21 (Haas Hall)\03 Planning Commission\03-11-213\Comments and Redlines Staff recommends forwarding RZN 13-4310 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: March 11, 2013 ❑ Tabled X, Forwarded ❑ Denied Motion: CHESSER Second: COOK Vote: 7-0-1 COUNCH, ACTION: Required YES ❑ Approved 0 Denied Date: INFRASTRUCTURE: Streets: The site has access to Gregg Avenue and Van Asche Blvd.. Gregg Avenue is a fully improved four lane street in this location. Van Asche is a fully improved four lane boulevard in this location. Street improvements within the property will be evaluated at the time of development. Water: Public water is available to the property. There is a 12" water main along Gregg Avenue in this location. Public water main improvements may be necessary to provide fire flow for domestic service for any proposed development. Sewer: Sanitary sewer is available to the site. There is an 16" main along Scull Creek to the rear of this property. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is affected by the 100-year floodplain and the Streamside Protection Zones. Police: It is the opinion of the Fayetteville Police Department that this RZN (12-4273), will not substantially alter the population density. This RZN will not create an G GAETCOevelopment Services Review\2013\1)evelopment Review\13-4310 RZN CMN 11 PH III Lot 20 & 21 (Haas Hall)\03 Planning Commission\03-11-213\Comments and Redlines appreciable or undesirable increase in the load on police services and will not create an appreciable increase in traffic danger and congestion. Fire: The Fayetteville Fire Department has not expressed 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 area is identified as the most intense and dense development within the City, along with the greatest variety of buildings. Row houses, apartments, local and regional retail, hotels, and entertainment uses are some of the expected future uses in areas with this designation. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed P-1 zoning for an educational/institutional use is compatible with the adjacent and nearby commercial and single-family residential land uses. Adjacent developments include residential single family residential, zoned RSF- 4 (maximum four units per acre) to the south, City of Fayetteville parkland and a residential neighborhood to the north. The P-1 zoning will be compatible with the Future Land Use Plan 2030, which designates the area `Urban Center Area'. This use is intended to contain the highest intensity and density development pattern as well as greatest variety of uses in the city. A school meets this land use goal provides a transition between surrounding commercial and residential uses. The P-1 zone is intended for public institutions and churches. Typical developments in the P-1 zone include colleges, senior housing, auditoria, community center, swimming pool, and churches. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: As discussed in Finding No.1, the proposed zoning is justified as it is compatible with the surrounding zoning and land uses and consistent with the City's Future Land Use Plan. The property could be developed under the existing zoning regulations; however the P-1 zoning is justified and will allow an educational use by right. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. G GAETC\Development Services Review\20130evelopment Review\I3-4310 RZN CMN II PH III Lot 20 & 21 (Haas Hall)\03 Planning Commission\03-11-213\Comments and Redlines Finding: Based on gross density, the existing zoning would allow a range of high traffic uses from restaurants to gas stations, as well as commercial and professional office uses. The area is well served by improved, high capacity streets. This level of connectivity will disperse vehicular trips, reducing potential traffic impacts from development on this site. Traffic patterns will be typical of schools, with peaks in morning and mid -afternoon. The Fayetteville Police Department has reviewed the proposal and finds that the intended use is appropriate and not likely to appreciable 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: The proposed zoning would not increase population density over that allowed under the current zoning. This site is located at the edge of an intensive commercial district and in close proximity to residential neighborhoods. Increased load on public services was taken into consideration and recommendations from Engineering and Police Departments are included in this report. Significant adverse impacts to public services would not result with the incorporation of standard improvements as part of the development. 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: N/A G GAETCOevelopment Services Review\2013\1)evelopment Review\I3-4310 RZN CMN 11 PH III Lot 20 & 21 (Haas Hall)\03 Planning Commission\03-11-213\Comments and Redlines 161.29 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. 11 Front I30 ft. G GAETC\Development Services Review\2013\13evelopment Review\13-4310 RZN CMN II PH III Lot 20 & 21 (Haas Hall)\03 Planning Commission\03-11-213\Comments and Redlines Front, if parking is allowed 50 ft. between the right-of-way and the building Side 20 ft. Side, when contiguous to a 25 ft. residential district Rear 25 ft. Rear, from center line of public 10 ft. alley (F) Height regulations. There shall be no maximum height limits in P-1 Districts, provided, however, that any building which exceeds the height of 20 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 20 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 60 % of the total area of such lot. (Code 1965, App. A., Art. 5(XI); Ord. No. 2603; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5073, I1-06-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10 161.18 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 25 Offices, studios, and related services G GAETC\Development Services Review\2013\Development Review\13-4310 RZN CMN ❑ PH I❑ Lot 20 & 21 (Haas Hall)\03 Planning Commission\03-I1-213\Comments and Redlines Unit 44 Cottage Housin Develo ment (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 40 Sidewalk Cafes Unit 42 lean 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. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. G GAETC\Development Services Review\2013\Development Review\134310 RZN CMN 11 PH III Lot 20 & 21 (Haas Hall)\03 Planning Commission\03-11-21MComments and Redlines REEMtCLELLAND CONSULTING ENGINEERS, INC. January 30, 2013 City of Fayetteville — Planning Department 125 West Mountain Street Fayetteville, Arkansas 72701 (479) 575-8287 RE: CMN Business Park II, Phase III - Rezoning of Lot 20 & 21 P. O. Box 1229 Fayetteville, Arkansas 72702-1229 479-443-2377 Fax 479-443-9241 Dear Staff & Commissioners, Please accept this letter as a formal request to allow the rezoning of the property located directly north of the intersection of Gregg Avenue and Van Asche Drive, also known as Lot 20 & 21 of the CMN Business Park II, Phase III, from C-1 Neighborhood Commercial to P-1 Institutional. Lots 20 & 21 are currently owned by Steele Crossing III, LLC of Little Rock. The property is currently under contract with Haas Hall Academy of Fayetteville. While the C-1 zoning district would allow Unit 4 (Cultural and Recreational Facilities) as a conditional use, the P-1 zoning district more closely aligns with the intended use of the property as a future school facility and would allow a permanent zoning designation with all of the rights and opportunities afforded to other public institutions. The proposed zoning will neither alter the population density of the surrounding area nor will it create an undesirable increase the anticipated load on any public services (schools, water, and sewer facilities). In addition, the proposed zoning use will blend well with the future land use designation of Urban Center Area and could potentially provide services for the adjacent future City Neighborhood Area directly to the West. Currently, the majority of adjacent properties to the subject property are vacant land. The properties that are not vacant include an industrial facility to the west of Gregg Avenue with no direct access to Gregg Avenue, a residential neighborhood south of Van Asche Drive, and a residential neighborhood to the north of Mud Creek. The appearance of and signage related to the future school facility (while not currently designed) will be in keeping with any and all applicable City of Fayetteville code requirements. While additional traffic will be generated due to the addition of the future school facility, ingress and egress onto the site will be carefully designed and will strictly adhere to any and all applicable City of Fayetteville code requirements. The impacted sections of Gregg Ave and Van Asche Drive are currently underutilized four lane roads and are well suited handle any additional traffic impacts generated by the future school facility. Afce&tfa,d eowuPting. &ngiae , Jr . - "MJ t &ng&we di4 9bun" a 4fiaww J`3uakwo 2009 Uuund `Jzdpient McCLELLAND P. O. Box 1229 rCONSULTINGEFayetteville, Arkansas 72702-1229 479-443-2377 ENGINEERS, INC. Fax 479-443-9241 Water and Sewer services are available immediately surrounding the site both along the property's Gregg Avenue frontage (12" Water Main, 30" Sanitary Sewer Force Main) as well as along the property's eastern boundary with the Skull Creek Trail Corridor ( 36" Water Main, 15 & 16" Sanitary Sewer Mains). Should any additional information be needed to begin to process this rezoning request, please do not hesitate to contact me. Sincerely, Leslie A. Tabor McClelland Consulting Engineers, Inc LTabor@McClelland-engrs.com (479) 443-2377 .Mce'fef d e'aaufting. &ng&e , 9nc. - "`Sl f & 4kee%h4 9ban" f74m oao `gwineee 2009 awand.Reci ka RECEIVED MAY 02 2013 CITY OF FAY CITY CLERK'S OFFICE NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE SPAPERS LLC THE MORNING NEWS OF S NORTHWEST ARKANSASS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P,O. BOX 1607, 727021 479-442-1700 1 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 Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTTEVILLE Ordinance No 5577 Was inserted in the regular edition of The Northwest Arkansas Times on: April 11, 2013 Publication Costs: $ 64.85 Karen Caler Subscribed and sworn to before me This .01 day ofo . , 2013. n I'dZ& Notary Public My Commission Expires: 24.2Z s`°ti F1� � CiVTHYJ V`i' S 9 Gentun County �- My Comn is Ion Expres y r -� hebrl. ry 20 2C 14 **Do Not Pay from Affidavit*" **Invoice will be sent**