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HomeMy WebLinkAboutOrdinance 5641Doc ID: 015521560004 Type: REL Klnd: ORDINANCE Recorded: 12/13/2013 at 10:31:48 AM Fea Amt: $30.00 Pape 1 of 4 Kyle SOve County, AR Kyle Sylvester Circuit Clerk FI1e2013-00040453 ORDINANCE NO.5641 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4520, FOR APPROXIMATELY 16.57 ACRES LOCATED SOUTH OF MARTIN LUTHER KING BOULEVARD AND EAST OF SOUTH BEECHWOOD FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from I-1, Heavy Commercial and Light Industrial to CS, Community Services, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 3rd day of December, 2013. APPROVED: ATTEST: By: /,rv,h( SONDRA E. SMITH, City Clerk/Treas�gw,, „rr� ^����:''L1l y Op :1-Aymf=V,'1_t = s v ys F, EXHIBIT "All RZN 13-4520 EATON Close Up View II �I a r_- SOD LN VENUS STD J C2 SUBJECT PROPERTY FARMINGTON51 pQsurST Rs fZ .. ..... ... lNI7VAta�i�' R-0 wfiftwe PKAD DR j 1 'aw OFFICE DR cs . > STORAGE DR z HUIi$ONDR > •^••••••.. WAREHOUSE DR . SAN I3ABRIEC CIR` RPZ6 0 EPYO RNA _ 1c ATHLETIC OR• w F _ a 0 0 00 h $O wY W m I-0 PRIVATE 1149 Legend PUBLIC 1250 •... ....... Multi -Use Trail (Existing) Future Trails li - - - FayetteAGACtps�imits Malmo IWO ZN 13-4520 Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di strict 0 175 350 700 1,050 1,400 ------ Planning Area Feet EXHIBIT "B" RZN 13-4520 Parcel 765-12169-000: Part of the NW 1/4 of the NE1/4 of Section 20, Township 16, Range 30, being described more particularly as follows; commencing at the SW corner of said 40, thence S89°20'51"E 25.00 feet, thence N00°23'31"E 25.00 feet to the POB, thence N00°23'31"E 170.00 feet, thence S87022'37"E 57.40 feet, thence S86110'24"E 227.34 feet, thence SO1°54'03"W 155.47 feet, thence N89°20'51"W 280.20 feet to the POB, containing 1.06 acres more or less subject to any easements and/or rights -of -way of or not of record. Parcel # 765-12170-002: All of Block Numbered Five (5), LESS AND EXCEPT: the South 465 feet of equal and uniform width thereof, in the replat of Blocks 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16 and 17 of the Westwood Addition to the City of Fayetteville, Arkansas, as per plat on file in Plat Book 3 at Page 322 in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Parcel# 765-12170-000: A part of Block Numbered Five (5) of the replat of Westwood Addition in the City of Fayetteville, Arkansas, more particularly described as follows: Beginning at a point which is 25 feet East and 285 feet North of the Southwest comer of the West Half (W '/2) of the Northwest Quarter (NW `/4) of the Northeast Quarter (NE '/4) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, thence North 180.00 feet, thence East 599.50 feet or the East line of said Block 5; thence South 180 feet to a point due east of the point of beginning; thence West 599.50 feet to the point of beginning, containing 2.48 acres, more or less. Parcel# 765-14838-000 & 765-14839-000: Tract B of Tract Split/Revised Easement Plat for Lazenby Residential Planned Zoning District and Lazenby Storage Units Large Scale Development, as shown on plat record 2006 at page 17842, records of Washington County, Arkansas, more particularly described as: Part of the W 1/2, NE1/4 of Section 20, Township 16 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas and being more particularly described as follows: Commencing at the NE corner of said W 1/2, NE1 /4 thence South 878.30 feet; thence West 119.80 feet; thence S00°16'03"E 451.25 feet; thence N88°48'23"W 113.84 feet; thence N88019'47"W 457.98 feet; thence NOO°48'44"E 583.39 feet to the Point of Beginning; thence North 479.17 feet to the South Right-of-way line of the "Old" Ozark and Cherokee Central Railroad, now known as the St. Louis & San Francisco Railroad; thence along said right-of-way the following bearings and distances: S64°49'33"E 98.36 feet; S63°36' 17"E 36.92 feet; thence leaving said right-of-way and S00°28'00"W 181.81 feet; thence S43°27' 11"W 15.91 feet; thence S00003'08"W 187.19 feet; thence S69°45' 17"W 116.70 feet to the Point of Beginning. Containing 1.14 acres more or less. Parcel 765-12170-001: A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE'/4) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the Southwest corner of said 40 acre tract, said point being an existing cotton spindle in Beechwood Avenue; thence S89°20'51"E 25.00 feet to a point; thence N00023'31"E 195.00 feet to a chiseled "X" in a concrete sidewalk for the true point of beginning, said point being on the East right-of-way of Beechwood Avenue; thence N00023'31"E 90.00 feet to a point; thence S89020'51"E 599.50 feet to a point; thence S00023'31 "260.00 feet to a point; thence N89°20'5 1"W 319.30 feet to a set V2" iron rebar; thence NO1°54'03"E along and in line with an existing chain linked fence; 155.47 feet to a set %2" iron rebar, thence N86°10'24"W 227.34 feet in line with and along an existing chain linked fence to a steel fence corner post; thence leaving said fence, N87°22'37"W 57.40 feet to the Pont of Beginning, containing 2.52 acres, more or less, Fayetteville, Washington County, Arkansas. Washington County, AR I certify this instrument was filed on 12/13/2013 10:31:48 AM and recorded in Real Estate File Number 2013-00040453 Kyle Sylvester - Circui le c by Quin Thompson Submitted By City of Fayetteville Item Review Form 2013-0114 Legistar File Number 12/03/2013 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department RZN 13-4520: Rezone (S. OF MARTIN LUTHER KING BLVD. AND EAST OF S. BEECHWOODIEATON, 560): Submitted by JORGENSEN & ASSOCIATES for property located SOUTH OF MARTIN LUTHER KING BOULEVARD AND EAST OF SOUTH BEECHWOOD. The property is zoned 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 16.57 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Does this item have a cost? = Cost of this request Account Number Category or Project Budget Funds Used to Date M Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? = Budget Adjustment Attached? = V20130812 Previous Ordinance or Resolution # Original Contract Number: Comments: E8 EREU (1lS 19 d r�, L� -- ___ - L ZayL evi le naxn NS ASS CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Andrew Garner, Director of Planning From: Quin Thompson, Current Planner Date: November 13, 2013 Subject: RZN 13-4520: Rezone (S. OF MARTIN LUTHER KING BLVD. AND EAST OF S. BEECHWOOD/EATON) RECOMMENDATION: The Planning Commission recommends approval of an ordinance to rezone the property to CS, Community Services. Planning Division staff recommends approval of the request. BACKGROUND: The subject property is located south of Martin Luther King Boulevard and east of Beechwood Avenue. The property is within the I-1 zoning district and contains multiple lots totaling approximately 16.57 acres. The properties are developed with warehouses and other businesses. CITY PLAN 2030 FUTURE LAND USE MAP: City Plan 2030 Future Land Use Plan designates this site as Industrial Area. Industrial Areas 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. COMPATIBILITY: This property is currently in various uses typical of light industry, such as warehousing and industrial use. The neighborhood has, however, been developing recently with multi -family housing and a variety of commercial and office buildings. The proposal to rezone the property to CS, Community Services will allow the property to be used for commercial or residential opportunities that are consistent with surrounding land uses. The City Plan 2030 Future Land Use Map designates this area as Industrial. This designation is often used to protect existing industrial uses and to safeguard existing businesses that may create noise or odor that are not compatible with other uses. The CS zoning district is a significant downzone from I-1, and will provide opportunity for re -development that is more compatible with recent residential development than the current zoning allows. As discussed, with the recent rezoning and re -development of the adjacent property to the east from I-1 to CS, the rail line spur in this immediate vicinity has not been used for many years and market demand for industrial use in this neighborhood is not anticipated. DISCUSSION: On November 12, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 6-0-0. BUDGET IMPACT: None. 117711 f\kW1100111 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4520, FOR APPROXIMATELY 16.57 ACRES LOCATED SOUTH OF MARTIN LUTHER KING BOULEVARD AND EAST OF SOUTH BEECHWOOD FROM I-1, HEAVY COMMERCIAL AND LIGHT 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 hereby changes the zone classification of the following described property from I-1, Heavy Commercial and Light 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 amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this a":• 1 By: day of 2013. ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "B" RZN 13-4520 Parcel 765-12169-000: Part of the NW 1/4 of the NE1/4 of Section 20, Township 16, Range 30, being described more particularly as follows; commencing at the SW corner of said 40, thence S89°20'51"E 25.00 feet, thence N00°23131 "E 25.00 feet to the POB, thence NOO°23'31 "E 170.00 feet, thence S87022'37"E 57.40 feet, thence S86°10'24"E 227.34 feet, thence SO1°54'03"W 155.47 feet, thence N89°20'51"W 280.20 feet to the POB, containing 1.06 acres more or less subject to any easements and/or rights -of -way of or not of record. Parcel# 765-12170-002: All of Block Numbered Five (5), LESS AND EXCEPT: the South 465 feet of equal and uniform width thereof, in the replat of Blocks 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16 and 17 of the Westwood Addition to the City of Fayetteville, Arkansas, as per plat on file in Plat Book 3 at Page 322 in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Parcel # 765-12170-000: A part of Block Numbered Five (5) of the replat of Westwood Addition in the City of Fayetteville, Arkansas, more particularly described as follows: Beginning at a point which is 25 feet East and 285 feet North of the Southwest corner of the West Half (W %z) of the Northwest Quarter (NW '/4) of the Northeast Quarter (NE %) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, thence North 180.00 feet, thence East 599.50 feet or the East line of said Block 5; thence South 180 feet to a point due east of the point of beginning; thence West 599.50 feet to the point of beginning, containing 2.48 acres, more or less. continued Parcel# 765-14838-000 & 765-14839-000: Tract B of Tract Split/Revised Easement Plat for Lazenby Residential Planned Zoning District and Lazenby Storage Units Large Scale Development, as shown on plat record 2006 at page 17842, records of Washington County, Arkansas, more particularly described as: Part of the W 1/2, NEl/4 of Section 20, Township 16 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas and being more particularly described as follows: Commencing at the NE corner of said W 1/2, NE1/4 thence South 878.30 feet; thence West 119.80 feet; thence SOO°16'03"E 451.25 feet; thence N88°48'23"W 113.84 feet; thence N88019'47"W 457.98 feet; thence NOO°48'44"E 583.39 feet to the Point of Beginning; thence North 479.17 feet to the South Right-of-way line of the "Old" Ozark and Cherokee Central Railroad, now known as the St. Louis & San Francisco Railroad; thence along said right-of-way the following bearings and distances: S64°49'33"E 98.36 feet; S63°36' 17"E 36.92 feet; thence leaving said right-of-way and SOO°28'00"W 181.81 feet; thence S43°27' 1 VW 15.91 feet; thence S00003'08"W 187.19 feet; thence S69°45' 17"W 116.70 feet to the Point of Beginning. Containing 1.14 acres more or less. Parcel 765-12170-001: A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE ''/a) of Section Twenty (20), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the Southwest corner of said 40 acre tract, said point being an existing cotton spindle in Beechwood Avenue; thence S89°20'51"E 25.00 feet to a point; thence N00023'31"E 195.00 feet to a chiseled "X" in a concrete sidewalk for the true point of beginning, said point being on the East right-of-way of Beechwood Avenue; thence N00023'31"E 90.00 feet to a point; thence S89°20'51"E 599.50 feet to a point; thence S00023'31"260.00 feet to a point; thence N89°20'51"W 319.30 feet to a set %2" iron rebar; thence NO1 °54'03"E along and in line with an existing chain linked fence; 155.47 feet to a set /2" iron rebar, thence N86°10'24"W 227.34 feet in line with and along an existing chain linked fence to a steel fence corner post; thence leaving said fence, N87°22'37"W 57.40 feet to the Pont of Beginning, containing 2.52 acres, more or less, Fayetteville, Washington County, Arkansas. EXHIBIT "A" RZN13-4520 EATON Close Up view Io p 07 ' j -•,7GD LN VE S ST � � � :M; ��• - `, �: :i , �� , •A 4 r - - — SUBJECT PROPERTY H. FARMING7DN '� 1 7— 7 -.f ,�I ......... .... .. ,...•...... ....... RA Tmw � OFFICE DR 0,`• � sroRAGeDR """•""'''�T �. WAREHOUSE i]R 'l N9F { yI AT4MC-OR O �L D _ 3 Y _ M PRIVATE.140 - Legend -- Multi -Use Trail (Existing) ......••. Future Trails L - - -, Fayette Qiy4imits ZN 13-4520 - Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict ------ Planning Area 700 �a �syc,xso Tabyet evl�le nuanrt �:n5 I'I[L CITY OF I'AYL'I'lEVILLL•'. ARKANSAS PC Meeting of November 12, 2013 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: November 05z01 =3 UPDATED November 13, 2013 RZN 13-4520: Rezone (S. OF MARTIN LUTHER KING BLVD. AND EAST OF S. BEECHWOOD/EATON, 560): Submitted by JORGENSEN & ASSOCIATES for property located SOUTH OF MARTIN LUTHER KING BOULEVARD AND EAST OF SOUTH BEECHWOOD. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 16.57 acres. The request is rezone the property to CS, COMMUNITY SERVICES. Planner: Quin Thompson BACKGROUND: Property and Background: The subject property is located south of Martin Luther King Boulevard and east of Beechwood Avenue. The property is within the I-1 zoning district and contains multiple lots totaling approximately 16.57 acres. The properties are developed with warehouses and other businesses. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site Rail road ROW & North Custom Powder Coating 1-1, Heavy Commercial and Light Industrial South Tyson Company 1-2, General Industrial East Residential Multi- family/Commercial 1-1, Heavy Commercial and Light Industrial/ Residential Planned Zoning Development West Multi -Family CS, Community Services/ 1-1, Heavy Commercial and Light Residential/Surface parking Industrial Request: The request is to rezone the property from I-1, Heavy Commercial and Light Industrial, to CS, Community Services. Public Comment: Staff has not received public comment. G.- IFTCIDevelopmenl Services RevieW20130evelopmenl Rev1ew113-4520 RZN S Beechwood (EATON) I03 Planning Convnissionl 11-12- 20131Commenls and Redlines RECOMMENDATION: Staff recommends forwarding RZN 13-4520 to the City Council with a recommendation for approval based on findings stated herein. COMMISSION ACTION: Required YES November 12, 2013 O Tabled X Forwarded O Denied Motion: HOSKINS Second: CHESSER Vote: 6-0-0 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: INFRASTRUCTURE: Streets: The site has access to Beechwood Ave. Beechwood Ave. is a fully improved two lane city street in this location. Street improvements will be evaluated at the time of redevelopment. Water: Public water is available to the property. There is an 8" water main along Beechwood Ave. on the west side of this property and also 8" and 6" lines within the property. Sewer: Sanitary sewer is available to the site. There is an 8" sewer main in the center of this property. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. 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 IndustrialArea. Industrial Areas 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:IETCIDevelopmenl Services RevieM20130evelopment Revieiv113-4520 RZN S Beec/nvood (EATON)103 Planning Commissionlll-12- 20131Comments and Redlines FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: This property is currently in various uses typical of light industry, such as warehousing and industrial use. The neighborhood, has, however, been developing recently with multi -family housing and a variety of commercial and office buildings. The proposal to rezone the property to CS, Community Services will allow the property to be used for commercial or residential opportunities that are consistent with surrounding land uses. The City Plan 2030 Future Land Use Map designates this area as Industrial. This designation is often used to protect existing industrial uses and to safeguard businesses that may create noise or odor that are not compatible with other uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified due to the fact that the area's current industrial zoning designation is becoming incompatible with surrounding properties as redevelopment occurs. The proposed zoning will allow the owner to utilize the property for residential and light commercial uses, which are compatible with the changing neighborhood. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site access has access to Beechwood Avenue, a fully improved two lane street. The proposed zoning would allow uses likely to increase traffic, but it is unlikely that traffic danger or congestion would be appreciably increased. Street improvements will be assessed at the time of development. 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: Rezoning the property from industrial to mixed use will allow for the development of residential and commercial uses, however development should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 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: CIETCIDevelopneent Services Revierv120131Developrnen! Revien413-4520 RLNSBeechivood (EA7OrV)103 Planning Ccvnrnission111-12- 20131Comments and Redlines 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:IETCOevelopmenl Services Review120130evelopmenl ReviewV3-4520 RZNS Ueechivood (Ed1ON)103 Planning Commissionlll-l2- 20131Comments and Redlines 161.27 District 1-1, 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) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating places Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive throu h restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with under round storage tanks Unit 42 Clean technologies (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 Unit 38 Mini -storage units Unit 43 Animal boarding and training (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 adjoining A or R districts 50 ft. Side, when adjoining C, I, or P districts 10 ft. Rear 25 ft G: EMDevelopment Services RevieiO20130evelopmeni RevieM13-4520 R711S Reechivood (EATO1V)103 Planning Cmnmissionlll-12- 20131Caronenis and Redlines (F) Height regulations. There shall be no maximum height limits in I-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., Art. 5(VIII); 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; Ord. 5472; 12-20-11) 161.19 Community Services (A)Purpose. The Community Services district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 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 1 Multi -family dwellings Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. G: IETCIDevelopeent .Services Reviei02013117evelopment Revieivll3-4520 RZN S Beechivood (EATON)103 Planning Commissior;U I -12- 20131Commenrs and Redlines (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 (D)Bulk and area regulations. (1) Lot width minimum. Dwelling 18 ft. All others None (2) Lot area minimum. None (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when 15 feet contiguous to a single- family residential district: G:I ETCIDevelopment Services Revieiv120131Development Reviem113-4520 K/_N S Beechivood (F.4TON)103 Planning Conunissionlll -12- 20131Comments and Redlines (F) Building Height Regulations. Bulldin Hei ht Maximum 56 R (G) Minimum buildable street frontage. 50% of the lot width. (Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5462, 12-6-11; Ord. 5592, 06-18-13) C.-IETCOevelopment Services Review120130evelopmenl Reviervll3-4520 RZN S Beechwood (EATON)103 Planning Commissionlll d2- 20131Comments 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: 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. This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: a. 765-12170-002 & 765-12170-000: Eaton Properties, LLC b. 765-14838-000 & 765-14839-000: Razorback Road Stadium Complex c. 765-12170-001: Beechwood Enterprises, LLC d. 765-12169-000: Danny Bunting B. Currently this property is zoned I-1. The reason for the requested Community Service zoning is to allow this property to be more marketable to allow for more varieties of potential uses. C. The property due west is zoned Community Services and has Student Housing. The property to the north and south is zoned I-1 and a portion of the eastern side has a PRZD zoning. With the addition of the Domain Student Housing development to the west an evaluation of compatibility of Community Services was undertaken and found to be an appropriate zoning, with this finding, we feel that this property would be compatible as well with the requested zoning. D. Existing water and sewer are already at this site (8" Water and Sewer run along Beechwood). E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development in the future as to be consistent with the recent rezoning of the Domain property to the west from Industrial to Community Services. F. The trend of re -utilizing land in this area is an effort to maximize and diversify use and has found to be successful. G. With the development of the Domain Student Housing project to the west, improvements to the intersection of Beechwood and Martin Luther King Junior Blvd have decreased traffic danger and congestion. H. The potential to increase the population density in this area as a result of this rezoning would aid in supplying a demand to existing commercial uses along Martin Luther King Junior Blvd and would not undesirably increase load on public services. I. Industrial zoning limits the use of this land as compared to the mixed available uses found under the Community Services Zoning. Sincerely; Blake E. Jorgensen, P.E. PUBLIC WORKS' LAND DEVELOPMENT' WATER SYSTEMS' WASTEWATER SYSTEMS' LAND SURVEYING' 42, r W ❑ H w O ZZLL LlJ N °9av zi'21 4. —uwj ��_ CL UJ I W ••� — I� co D: O o\ 4 H 4 ° a 4 Rm, � H r s. r I _ a' myu A-IWlVA N � ` � V € ?Ay ililh. €8 I - 1 •rl ��Ipillll• � _ V L I. IL h�11 of If' 1` 3 3 r e•1 M ga Fi N •A LL f cc ' � ', I�r; c r -'. r�.� ' +.- vet, hf �•.`�fl- ,r y, � 13- - � � �..•-n'. r.' ^Fl.i �f€a'f �C-�, :. In i I '1. j� �. `� _ r ,.es-f_.'y, ' .yam I:'� r - • ,: :::, •n Zia ftIISi RZN13-4520 RZN 13-4520 Close Up View EATON a. 1 L� ,I J 100D LN ¢ GENUS ST .Q P•1 i _ 20, _ . Fi, F- SUBJECT PROPERTY - FARMINGTON SS �'.'.�.-.—..—_ CPPE Y�e ......, .. •�N ...... .. .... .. . RA O �Q DR' OFFICE DR Cs <' 0 STORAGE DR O a . HUD90NDR z WAREHOUSEOR SAN GA9RIEL CIR v RPZD r 0 li1 2 r;PZD RBFd N ATHLETIC DR �0 Irn 0 Q _ x U — m f• PRIVATE 1149 Legend 1-2 PUBLIC 1Z50 ........... Multi -Use Trail (Existing) a �^ a ......"• Future Trails ' ' Fa ette\FWwQ6Limits LWJ�RZN13-4520 ® Footprints 2010 Hillside -Hilltop Overlay District �— —! Design Overlay Di •trict Design Overlay Di Itrict 0 175 350 700 1,050 1,400 ------ Planning Area Feel NORTHWEST ARKANSAS DEMOCRATGA7ETTE THE MORNINGSPRINGDALE NORTHWEST ARKANSAS THE ERS NEWSPAPERSLLC ENTONHMORNING NE COUNTY DAIL RECTJMES ORD 212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 727021 479-442-170D I 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 5641 Was inserted in the Regular Editions on: December 12, 2013 Publication Charges: $ 64.85 r Holly Andrews Subscribed and sworn to before me This tq day of 'DtC- 2013. CA& tL Notary Public I I My Commission Expires: 111 � 2�7 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECOVER DEC 2 6 2013 CITY OF FAY ETTEVILLE CITY CLERK'S OFFICE