HomeMy WebLinkAboutOrdinance 5582Doc ID: 015208260003 Type: REL
Kind: ORDINANCE
Recorded: 05/30/2013 at 11:14:07 AM
Fee Amt: $25.00 Page 1 of 3
NashingtOn County, AR
Kyle Sylvest
er Circuit ClerkF11e2013-00017877
ORDINANCE NO.5582
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 13-4359, FOR APPROXIMATELY 1.9 ACRES,
LOCATED AT 1851 EAST HUNTSVILLE ROAD FROM I-2, GENERAL
INDUSTRIAL, TO C-1, NEIGHBORHOOD COMMERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
zone classification of the following described property from I-2, General Industrial to C-1,
Neighborhood Commercial, as shown on Exhibits "A" and `B" attached hereto and made a part
hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this 7a' day of May, 2013.
APPROVED:, ATTEST:
, By: 9�Ut�ia tti v1 c`
Mayor SONDRA E. SMITH, City Clerk/Treasurer
EM
EXHIBIT "A"
EXHIBIT `B"
RZN 13-4359
Description:
A part of the Northeast Quarter (NE '/4) of the Northwest Quarter (NW '/4) of Section Twenty-
three (23), Township Sixteen (16) North, Range Thirty (30) West, Washington County,
Arkansas, being more particularly described as follows:
Commencing at the Southwest corner of said forty (40) acre tract; thence South 86°45'55" East
648.72 feet; thence North 03°14'05" East 536.64 feet to the Westerly right-of-way of South Ray
Avenue as per Watson Addition filed as Plat Bk. 1, Plat Pg. 221 with the Circuit Clerk of said
county, said point being the POINT OF BEGINNING; thence leaving said right-of-way North
88020' 15" West 17.07 feet to the beginning of a curve to the right having a delta angle of
14'10'59" and a radius of 490.00 feet; thence along said curve an arc length of 121.30 feet and a
chord bearing and distance North 81°14'46" West 120.99 feet; thence North 74°09'23" West
120.84 feet to the beginning of a curve to the left having a delta angle of 09°53'44" and a radius
of 325.92 feet; thence along said curve an are length of 56.29 feet and a chord bearing and
distance of North 79°58'23" West 56.22 feet; thence North 41112'35" West 20.73 feet; thence
North 02030104" East 178.54 feet; thence North 84°04'34" East 19.45 feet; thence North
15°50'44" East 85.49 feet to the Southerly right-of-way of Arkansas State Highway Sixteen (16)
(Huntsville Road) being the beginning of a curve to the left having a delta angle of 07'02' 11"
and a radius of 1355.00 feet; thence along said right-of-way an arc length of 166.40 feet and a
chord bearing and distance of South 70°51'01" East 166.30 feet; thence continuing along said
right-of-way the following courses:
South 74°22'06" East 6.58 feet;
South 15°37'54" West 2.83 feet;
South 64°53'41"East 119.29 feet;
South 34°05'21" East 30.76 feet to said Westerly right-of-way of South Ray Avenue; thence
along said right-of-way South 04°36'37" West 205.43 feet to the Point of Beginning, containing
1.933 acres, more or less.
Washington County, AR
I certify this instrument was filed on
05/30/2013 11:14:07 AM
and recorded in Real Estate
File Number 2013-00017877
Kyle Sylv Tr;ircuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/7/2013
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
RZN 13-4359: Rezone (1851 E. HUNTSVILLE RD. /KUM & GO, 565): Submitted by CITY STAFF for property located
at 1851 EAST HUNTSVILLE ROAD. The property is zoned I-2, GENERAL INDUSTRIAL and contains 1.93 acres.
The request is to rezone the property to C-1, NEIGHBORHOOD COMMERCIAL.
Cost of this request
Account Number
S
9
a
Category/ Project Budget
Funds Used to Date
Program Category / Project Name
Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
Department ector Date
City Attorney Date
�-Rw.X a . fj,.'i, K" Vt- 2-013
France and Internal Services Director Date
Mayor
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City- _
Clerk's Office
Received in
Mayors Office
to
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
RKANSA
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Directors
From: Jesse Fulcher, Current Planner
Date: April 16, 2013
Subject: RZN 13-4359 (1851 E. Huntsville Road/Kum & Go)
RECOMMENDATION
Planning staff recommends approval of an ordinance to rezone the subject property from I-2, General Industrial,
to C-1, Neighborhood Commercial.
BACKGROUND
The subject property is located at the southeast corner of Huntsville Road and Happy Hollow Road and is zoned
I-2, General Industrial. In 2005, the City of Fayetteville acquired approximately 11.5 acres and a 124,000
square foot building formerly used as a Tyson's Mexican Original operation. Since then the City has split off
1.31 acres and constructed a new fire station.
On February 5, 2013, the City Council approved Resolution No. 26-13, authorizing Mayor Jordan to sell
approximately two (2) acres of the Tyson property to Kum & Go, L.C. The agreement includes a cost share with
the City of Fayetteville for new roads/driveways within the property and the demolition of the factory building.
Further, the City Council determined that for the purposes of the proposed sale to Kum & Go, L.C., "the parcel
should be rezoned to Neighborhood Commercial or other zoning district agreeable to Kum & Go, L.C." prior to
its conveyance. A representative of Kum and Go has submitted an e-mail stating their desire for the property to
be rezoned to C-1, Neighborhood Commercial.
DISCUSSION
The Planning Commission will review the rezoning request on April 22, 2013.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 13-4359, FOR
APPROXIMATELY 1.9 ACRES, LOCATED AT 1851 EAST
HUNTSVILLE ROAD FROM I-1, GENERAL INDUSTRIAL,
TO C-1, NEIGHBORHOOD COMMERCIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
zone classification of the following described property from I-2, General Industrial to C-1,
Neighborhood Commercial, as shown on Exhibits "A" and `B" attached hereto and made a part
hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this
APPROVED:
By:
day of 2013.
ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
EXHIBIT "B"
RZN 13-4359
Description:
A part of the Northeast Quarter (NE ''/4) of the Northwest Quarter (NW `/4) of Section Twenty-
three (23), Township Sixteen (16) North, Range Thirty (30) West, Washington County,
Arkansas, being more particularly described as follows:
Commencing at the Southwest corner of said forty (40) acre tract; thence South 86045155" East
648.72 feet; thence North 03°14'05" East 536.64 feet to the Westerly right-of-way of South Ray
Avenue as per Watson Addition filed as Plat Bk. 1, Plat Pg. 221 with the Circuit Clerk of said
county, said point being the POINT OF BEGINNING; thence leaving said right-of-way North
88'20' 15" West 17.07 feet to the beginning of a curve to the right having a delta angle of
14°10'59" and a radius of 490.00 feet; thence along said curve an are length of 121.30 feet and a
chord bearing and distance North 81°14'46" West 120.99 feet; thence North 74°09'23" West
120.84 feet to the beginning of a curve to the left having a delta angle of 09°53'44" and a radius
of 325.92 feet; thence along said curve an are length of 56.29 feet and a chord bearing and
distance of North 79°58'23" West 56.22 feet; thence North 41'12'35" West 20.73 feet; thence
North 02°30'04" East 178.54 feet; thence North 84°04'34" East 19.45 feet; thence North
15°50'44" East 85.49 feet to the Southerly right-of-way of Arkansas State Highway Sixteen (16)
(Huntsville Road) being the beginning of a curve to the left having a delta angle of 07'02' 11"
and a radius of 1355.00 feet; thence along said right-of-way an are length of 166.40 feet and a
chord bearing and distance of South 70°51'01" East 166.30 feet; thence continuing along said
right-of-way the following courses:
South 74°22'06" East 6.58 feet;
South 15°37'54" West 2.83 feet;
South 64°53'41" East 119.29 feet;
South 34°05'21" East 30.76 feet to said Westerly right-of-way of South Ray Avenue; thence
along said right-of-way South 04°36'37" West 205.43 feet to the Point of Beginning, containing
1.933 acres, more or less.
Tarm�eyeA S PC Meeting of April 22, 2013
1'IlE CHY OI' FAYETTEVILLE. ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Subdivision Committee
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: April 15, 2013
RZN 13-4359: Rezone (1851 E. HUNTSVILLE RD. /KUM & GO, 565): Submitted by CITY
STAFF for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned I-2,
GENERAL INDUSTRIAL and contains 1.93 acres. The request is to rezone the property to C-1,
NEIGHBORHOOD COMMERCIAL. Planner: Jesse Fulcher
BACKGROUND:
Property and Background: The subject property is located at the southeast corner of Huntsville
Road and Happy Hollow Road and is zoned I-2, General Industrial. In 2005, the City of
Fayetteville acquired approximately 11.5 acres and a dilapidated 124,000 square foot building
formerly used as a Tyson's Mexican Original operation. Since then the City has split off 1.31
acres and constructed a new fire station. The building has remained vacant and the condition is
continually declining.
On February 5, 2013, the City Council approved Resolution No. 26-13, authorizing Mayor
Jordan to sell approximately two (2) acres of the Tyson property to Kum & Go, L.C. The
agreement includes a cost share with the City of Fayetteville for new roads/driveways within the
property and the demolition of the factory building. Further, the City Council determined that for
the purposes of the proposed sale to Kum & Go, L.C., "the parcel should be rezoned to
Neighborhood Commercial or other zoning district agreeable to Kum & Go, L.C." prior to its
conveyance. A representative of Kum and Go has submitted an e-mail stating their desire for the
property to be rezoned to C-1, Neighborhood Commercial. Surrounding land use and zoning is
depicted on Table 1.
Table 1
Surroundino Land Use and Zonina
Direction
Land Use
Zoning
from Site
North
Church
C-1, Neighborhood Commercial, C-2, Thoroughfare
Commercial and P-1, Institional
South
Fire Station, Warehouse and
P-1, Institutional, C-2, Thoroughfare Commercial,
Single-family home
RSF-4, Residential Single-family
East
Residential
C-1, Neighborhood Commercial, RMF-24,
Residential Multi -family and RSF-4, Residential
Single-family
West
Funeral Home
C-1, Nei hborhood Commercial and RSF-4
G:IETCIDevelopment Services Revieu420131Developmenl Reviem113-4359 RZN Kum & Go./Tyson106 Planning Conunission104-22-
20131Comments and Redlines
Request: The City of Fayetteville, as owner of the property, requests to rezone the property from
I-2, General Industrial to C-1, Neighborhood Commercial. The purpose of the rezoning is to
complete a land scale agreement with Kum & Go, L.C.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding the rezoning request (RZN 13-4359 1851 E. HUNTSVILLE RD.
/KUM & GO) to the City Council with a recommendation of approval based on findings stated
herein.
PLANNING COMMISSION ACTION: Required YES
Date: April 22, 2013 O Tabled O Forwarded Cl Denied
Motion: Second: Vote:
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date:
INFRASTRUCTURE:
Streets: The site fronts Huntsville Road/Happy Hollow Road, an unimproved two-lane
Principal Arterial and state highway. Both streets are currently being widened to a
four -lane cross section between Armstrong Avenue and Stonebridge Road. Street
improvements within and adjacent to the property will be evaluated at the time of
development.
Water: Public water is available to the property. There is a 12", 8" and several 2" mains
along and within the property. Public water main improvements may be necessary
to provide fire flow for domestic service for any proposed development. Older,
smaller lines may be removed during development as well.
Sewer: Sanitary sewer is available to the site. There is an 8" and 6" main adjacent to the
property. Capacity of each line will be evaluated at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is noy affected by the 100-year floodplain or the
Streamside Protection Zones.
G:IEZCIDei-elopnent Services Revle)vi20131Development Revie)013 l359 R7N Kuvn & Go/TysonW6 Planning CmnnussionV 4-22-
2013ICo n nenas and Redlines
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates this site as Civic Institutional. This designation is for buildings/properties generally
operated by not -for -profit organizations.
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: Goal 1 of City Plan 2030 is to make infill and revitalization our highest
priority. This particular property is to some degree an infill site. However, it
is most obviously a redevelopment site. Kum & Go, L.C. has agreed to assist
with demolition of the existing building, construction of internal streets
and/or driveways that will serve future development lots, and develop
approximately 2 acres of the property with a Kum & Go gas station and
convenience store. The redevelopment of this site, in any form, will be
significant and positive change in this neighborhood.
The site design typified by recent Kum & Go developments and prescribed
by the C-1 zoning district is not the traditional form recommended by Goal 3
of City Plan 2030, which states "we will make traditional town form the
standard." The sites tend to have very wide drive aisles, expansive fuel
canopies and a pavement to building ratio of approximately 10:1. This is not
a compact, pedestrian oriented development form. It is a business for
vehicles. The proposed C-1 zoning requires a suburban form and does not
allow a traditional town form.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Rezoning the property out of the I-2, General Industrial classification is
justified at this time. Though the property was used for many decades as an
industrial complex, the predominant land use in this area has remained
residential and light commercial. The uses currently allowed in the I-2 zoning
district are incompatible with most every nearby property, especially the
single-family neighborhood to the east. In addition, rezoning the property as
requested by Kum & Go and recommended by the City Council, will allow
redevelopment of the property as outlined above.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
G: IEMDevelopmet Services Revie1020130evelopment Reviein113-4359 RM Kum & GoI1yson106 Planning Commission104-22-
20131Commenis and Redlines
Finding: The site has been vacant for several years, so any redevelopment will
increase traffic in the vicinity of the site. The zoning change, as planned, will
result in approximately two acres being developed with a convenience store
and gas station. Approximately eight acres will be reserved for future
development. The site has access to an existing traffic signal and will
eventually have three separate accesses distribute traffic loads. In addition,
Happy Hollow/Huntsville Roads are being widened to four -lanes along this
property, which will increase the road capacity and level of service. In staffs
opinion, the increase in traffic will not appreciably increase traffic danger or
congestion once the road widening project is completed.
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 rezoning should not increase population density and thereby
undesirably increase the load on public services, in staffs opinion.
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: In some recent cases staff has not recommended in favor of conventional
zoning districts such as C-1, Neighborhood Commercial. Many times the
request has been an up -zone of a property in close proximity to urban and
residential land uses, or of rural properties along highway corridors. In
staffs opinion, up -zoning property to conventional suburban zoning districts
in these types of circumstances may either erode the established fabric of a
neighborhood, or introduce high-speed, strip commercial development
among rural land uses, neither of which is supported by the City's adopted
land use plans or policies. Similar arguments could be made for this
property. However, in staff's opinion, rezoning the property to C-1 is
justified, even though a conventional zoning district is not completely
consistent with adopted land use polices.
The City of Fayetteville has owned this property for approximately eight
years, over which time the former Tyson building has become essentially
unusable. Estimates to demolish the building in 2009 were approximately a
half a million dollars. The land sale agreement between the City of
G: I ATCIDevelopmenl Services Revieu,120131Development ReY%L,iv113-4359 RZN Kum & Go/TysonlOG Planning Conin ission104-22-
20131Comments and Redlines
Fayetteville and Kum & Go, L.C. will generate over $1.1 million dollars for
the City of Fayetteville and provide up to 25% of the demolition costs of the
building. The provisions of the land deal are extenuating circumstances and
provide an opportunity for a public/private partnership that will remove a
124,000 square foot structure, establish a new commercial business, improve
public infrastructure and a introduce a substantial amount of greenspace
and landscaping on a site that is predominately hard-scape. Redevelopment
will substantially improve the aesthetics of this site and the economic
potential of surrounding properties.
G.- ITTCIDevelopmeni Services Revieiv120131Developmeni Revieiv113-4359 R7N Kum & Go/I yson106 Pluming Commission104-22-
20131Comments and Redlines
ZN 13-4359
RZN 13-4359
Close Up View
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ZN 13-4359
Footprints 2010
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Design Overlay Di trict
Design Overlay Di trict
KUM AND GO
SUBJECT PROPERTY
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City of Fayetteville -
Ordinance 5582
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This 4 day of� , 2013.
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TION RZN
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JUN 0 5 2013
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