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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 RA P 1 104, �, CM FAIRLANE ST 5 P-1 4fI W a Tr9il Y lltu're rafts _ 'Fayett ville GtlrLlr6.lb: ZN 13-4359 Footprints 2010 _ Hillside -Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict KUM AND GO SUBJECT PROPERTY Ns HELEN ST z J a m RSF-4 LEE ST 0 75 150 300 450 60D ------ Planning Area Feel NORTHWEST ARKANSAS DEMOCRA.TUAZETE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGALE MORNINGTHE NEWSPAPE16LLC BENTONCOUNTY AILYRECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 ] P.O. BOX 1607, 72702 1 479442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, 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 5582 Was inserted in the Regular Editions on: May 23, 2013 Publication Charges: $ 64.85 & L--(-� Holly Andrews By: Subscribed and sworn to before me This 4 day of� , 2013. 0 W& Notary Public My Commission Expires: 24 Zl� � 2.0 lt - K. CF1T IYJ VVI E .� bs �tonCOM [, _• P01 Gornnoissi„nEXp e„ **NOTE** Please do not pay from Affidavit. Invoice will be sent. PROPERTY TION RZN of tl f the RECEIVED JUN 0 5 2013 CITY CLERKS OFFICE