HomeMy WebLinkAboutOrdinance 5648I I l l l l l l l l l l l 11111111 I I l! I I! I I I I I I I I I I I I I l l l l l l l l l l l I!! 111111 I I f f 111!! 1 1111 l 111
Doc I0: 015572780004 Type: REL
Kind: ORDINANCE
Reoorded: 0
Fee Amt : $310./0027/2014
Page f et 10:10:14 AM
HashinptGn County AR 1 o 4
Kyle Sylvester Circuit Clerk
F11e2014-00001957
ORDINANCE NO. 5648
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 13-4547, FOR APPROXIMATELY 1.54 ACRES,
LOCATED AT 1541/1555/1561 MARTIN LUTHER KING BOULEVARD
FROM I-1, HEAVY COMMERCIAL/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/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 Th day of January, 2014.
APPROVED:
2
ATTEST:
By: 4c4a"r' e � L
SONDRA E. SMITH, City Clerk/Treasurer
G,o.
EXHIBIT "A"
RZN 13-4547 EATON
Close Up View
P-0
MITCHELL ST
¢ I
y I
� _ I
VENus Sr
¢
z SUBJECT PROPERTY
w
FARMINGTON ST
CAPELLA ST
I-0
" I&WOND OR OFFICE OR
.................I ...... ..........I
gond a STORAGE DR
0
g
o
Multi-userrail (Existing)
z
>W
• Future Tails
•
.er ..
FayetteVle City Limits WAREHOUSE OR
RPID
Loa ZN 13-4547
? T Footprints 2010
- Hillside -Hilltop Overlay
District
Design Overlay Di
Arict
Design Overlay Di
irict
------ Planning Area
0 75 150 390
450 6M
Feel
EXHIBIT "B"
RZN 13-4547
1555 W. MARTIN LUTHER KING BLVD. (765-14836-000)
1541 W. MARTIN LUTHER KING BLVD. (765-11238-000)
PART OF THE SW 1/4. OF THE SE 1/4. OF SECTION 17 AND PART OF THE NW 1/4. OF THE
NE 1/4. OF SECTION 20, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND ALSO DESCRIBED
AS LOTS 6, 5, 4, 3, AND PART OF LOT 2 IN BLOCK 8 SUNSET ADDITION TO THE
CITY OF FAYETTEVILLE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT: COMMENCING AT THE SOUTHWEST CORNER OF THE SW 1/4. OF THE SE 1/4. OF
SAID SECTION 17, THENCE EAST 335.00 FEET, THENCE SOUTH 25.50 FEET TO THE
P.O.B., THENCE N8250' EAST 78.00 FEET, THENCE NORTH 188.0 FEET, THENCE N8949'37"
EAST 199.80 FEET, THENCE SOUTH 286.40 FEET TO A POINT 8.06 FEET NORTH OF THE
CENTER OF THE EXISTING S.L. & S.F. RAILROAD, THENCE S83*27'03" WEST PARALLEL
WITH SAID RAILROAD 278.74 FEET, THENCE NORTH 109.34 FEET TO THE P.O.B.;
CONTAINING 1.54 ACRES, MORE OR LESS, SUBJECT TO RIGHT-OF-WAY EASEMENTS
OF RECORD. LESS AND EXCEPT THAT PORTION OF THE ABOVE TRACT DEEDED TO
THE ARKANSAS TRANSPORTATION AND HIGHWAY DEPARTMENT, BEING PARCEL
#765-11239-000.
1561 W. MARTIN LUTHER KING BLVD. (765-11237-000)
(765-14551-010,765-14842-010)
A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SEI/4) OF
SECTION SEVENTEEN (17) AND A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE
NORTHEAST QUARTER (NE %) OF SECTION TWENTY (20) ALL IN TOWNSHIP SIXTEEN (16)
NORTH RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TU -WIT: BEGINNING AT A POINT WHERE THE
EAST LINE OF EASTERN AVENUE OF SUNSET ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, INTERSECTS THE SOUTH SIDE OF THE RIGHT OF WAY OF U.S. AND STATE
HIGHWAY #62 (FORMERLY THE FARMINGTON ROAD) WHICH POINT IS 331 FEET EAST AND
150.50 FEET NORTH OF THE SOUTHWEST CORNER OF THE SW 1/4 OF THE SE 1/4 OF
SECTION SEVENTEEN (17): THENCE SOUTH ALONG THE EASTERN SIDE OF EASTERN
AVENUE 200 FEET; THENCE EAST 78 FEET; THENCE NORTH 200 FEET TO THE SOUTH SIDE
OF U.S. HIGHWAY 962; THENCE WEST 78 FEET TO THE PLACE OF BEGINNING, THIS AREA
INCLUDES ALL OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED EIGHT (8) AND THE
WEST 311/3 FEET OF LOT NUMBERED TWO (2) OF BLOCK NUMBERED EIGHT (8) OF
SUNSET ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID
ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX OFFICIO RECORDER
OF WASHINGTON COUNTY, ARKANSAS ALSO 2340 SQUARE FEET OF THE SW va OF THE SE
'1/4 OF SECTION SEVENTEEN (17) ALSO 1521 SQUARE FEET OF SECTION TWENTY (20) ALL
IN TOWNSHIP SIXTEEN (16) NORTH RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPLE
MERIDIAN. LESS AND EXCEPT: PART OF LOTS IAND 2 OF BLOCK 8, SUNSET ADDITION TO
THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT 1 BLOCK 8, SUNSET
ADDITION; THENCE NORTH 02 DEGREES 32 MINUTES EAST ALONG THE WEST LINE
THERE OF A DISTANCE OF 128.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
NORTH 02 DEGREES 32 MINUTES EAST ALONG SAID WEST LINE A DISTANCE OF 10.0 FEET
TO A POINT ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY #62;
THENCE NORTH 88 DEGREES l 1 MINUTES EAST ALONG SAID EXISTING RIGHT OF WAY
LINE A DISTANCE OF75.4 FEET TO A POINT; THENCE SOUTH 03 DEGREES 16 MINUTES
WEST OF 10.0 FEET TO A POINT ON THE PROPOSED SOUTHERLY RIGHT OF WAY LINE OF
SAID U.S. HIGHWAY #62; THENCE SOUTH 88 DEGREES l 1 MINUTES WEST ALONG SAID
PROPOSED RIGHT OF WAY LINE A DISTANCE OF 75.2 FEET TO THE POINT OF BEGINNING
AND CONTAINING 753 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
01/27/2014 10:10:14 AM
and recorded in Real Estate
File Number 2014-00001957
Kyle Sylvester - Circuit Clerk
r /
by v
Quin Thompson
Submitted By
City of Fayetteville Item Review Form
20112- 35
Legistar File Number
01/07/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
RZN 13-4547: Rezone (MLK/BEECHWOOD/EATON, 521): Submitted by JORGENSEN AND
ASSOCIATES for property located at 1541/1555/1561 MARTIN LUTHER KING BOULEVARD. The
property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 1.54
acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
Does this item have a cost? FNO
Cost of this request
Account Number
Category or Project Budget
Funds Used to Date
$0.00
Program or Project Name
Program or Project Category
Project Number Remaining Balance Fund Name
Budgeted Item? = Budget Adjustment Attached? =
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
V20130812
I:NT�iI:
z-t�-t3
14- lR-2,0,E
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Andrew Garner, Director of Planning
From: Quin Thompson, Current Planner
Date: December 16, 2013
Subject: RZN 13-4547: Rezone (1541/1555/1561 MARTIN LUTHER KING BLVD.)
RECOMMENDATION: The Planning Commission and Planning Division staff recommend approval of an
ordinance to rezone the property to CS, Community Services.
BACKGROUND: The subject property is located at 1541/1555/1561 Martin Luther King Boulevard. The
property is within the I-1(Light Industrial and Heavy Commercial) zoning district and contains three lots
totaling approximately 1.54 acres. The properties contain older commercial buildings and a car washing facility.
CITY PLAN 2030 FUTURE LAND USE MAP: The City Plan 2030 Future Land Use Map designates this
area as Urban Center Area. Urban Center Areas contain the most intense and dense development patterns
within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses,
apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment
uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually
automobile -dependent customers and large areas dedicated to parking. Although Urban Center Areas recognize
the conventional big -box and strip retail centers developed along major arterials, it is expected that vacant
properties will be developed into traditional mixed-use centers, allowing people to live, work and shop in the
same areas. Additionally, infill of existing development centers should be strongly encouraged, since there is
greater return for properties already served by public infrastructure.
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 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 in the neighborhood 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 December 09, 2013, the Planning Commission forwarded this item to the City Council with
a recommendation of approval with a vote of 8-0-0.
THE CITY OF FAYETTEVILLE, ARKANSAS
BUDGET IMPACT: Vane,
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 13-4547, FOR
APPROXIMATELY 1.54 ACRES, LOCATED AT
1541/1555/1561 MARTIN LUTHER KING BOULEVARD
FROM I-1, HEAVY COMMERCIAL/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/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
APPROVED:
day of 2013.
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN 13-45471 EATON
Close Up View
MITQSLLST
�i
P VENUS ST
- RA
SUBJECT PROPERTY
FARMINGTON ST
GAOELLAST
I�
I rrj ,
pLL J:
OFFICE OR
!' ,n! STORAGE DR
r ,ulE.'i.-Use rail (Existing)
oture Trails
sem..
�� _ Fayetfevie City Limits WAREHOUSE DR
4RZN 13-4547
- Footprints 2010
_ Hillside -Hilltop Ovi irlay District
Design Overlay Di itrict
Design Overlay Ditrict
0 75 150 300 46D
------ Planning Area
4iA
P-1
RPm:
600
FW1
EXHIBIT "B"
RZN 13-4547
1555 W. MARTIN LUTHER KING BLVD. (765-14836-000)
1541 W. MARTIN LUTHER KING BLVD. (765-11238-000)
PART OF THE SW 1/4. OF THE SE 1/4. OF SECTION 17 AND PART OF THE NW 1/4. OF THE
NE 1/4. OF SECTION 20, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND ALSO DESCRIBED
AS LOTS 6, 5, 4, 3, AND PART OF LOT 2 IN BLOCK 8 SUNSET ADDITION TO THE
CITY OF FAYETTEVILLE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT: COMMENCING AT THE SOUTHWEST CORNER OF THE SW 1/4. OF THE SE 1/4. OF
SAID SECTION 17, THENCE EAST 335.00 FEET, THENCE SOUTH 25.50 FEET TO THE
P.O.B., THENCE N8250' EAST 78.00 FEET, THENCE NORTH 188.0 FEET, THENCE N8949'37"
EAST 199.80 FEET, THENCE SOUTH 286.40 FEET TO A POINT 8.06 FEET NORTH OF THE
CENTER OF THE EXISTING S.L. & S.F. RAILROAD, THENCE S83*27'03" WEST PARALLEL
WITH SAID RAILROAD 278.74 FEET, THENCE NORTH 109.34 FEET TO THE P.O.B.;
CONTAINING 1.54 ACRES, MORE OR LESS, SUBJECT TO RIGHT-OF-WAY EASEMENTS
OF RECORD. LESS AND EXCEPT THAT PORTION OF THE ABOVE TRACT DEEDED TO
THE ARKANSAS TRANSPORTATION AND HIGHWAY DEPARTMENT, BEING PARCEL
#765-11239-000.
1561 W. MARTIN LUTHER KING BLVD. (765-11237-000)
(765-14551-010,765-14842-010)
A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SEI/4) OF
SECTION SEVENTEEN (17) AND A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE
NORTHEAST QUARTER (NE Y) OF SECTION TWENTY (20) ALL IN TOWNSHIP SIXTEEN (16)
NORTH RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TU -WIT: BEGINNING AT A POINT WHERE THE
EAST LINE OF EASTERN AVENUE OF SUNSET ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, INTERSECTS THE SOUTH SIDE OF THE RIGHT OF WAY OF U.S. AND STATE
HIGHWAY #62 (FORMERLY THE FARMINGTON ROAD) WHICH POINT IS 331 FEET EAST AND
150.50 FEET NORTH OF THE SOUTHWEST CORNER OF THE SW 1/4 OF THE SE 1/4 OF
SECTION SEVENTEEN (17): THENCE SOUTH ALONG THE EASTERN SIDE OF EASTERN
AVENUE 200 FEET; THENCE EAST 78 FEET; THENCE NORTH 200 FEET TO THE SOUTH SIDE
OF U.S. HIGHWAY #62; THENCE WEST 78 FEET TO THE PLACE OF BEGINNING, THIS AREA
INCLUDES ALL OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED EIGHT (8) AND THE
WEST 311/3 FEET OF LOT NUMBERED TWO (2) OF BLOCK NUMBERED EIGHT (8) OF
SUNSET ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID
ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX OFFICIO RECORDER
OF WASHINGTON COUNTY, ARKANSAS ALSO 2340 SQUARE FEET OF THE SW 1/4 OF THE SE
'1/4 OF SECTION SEVENTEEN (17) ALSO 1521 SQUARE FEET OF SECTION TWENTY (20) ALL
IN TOWNSHIP SIXTEEN (16) NORTH RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPLE
MERIDIAN. LESS AND EXCEPT: PART OF LOTS IAND 2 OF BLOCK 8, SUNSET ADDITION TO
THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT I BLOCK 8, SUNSET
ADDITION; THENCE NORTH 02 DEGREES 32 MINUTES EAST ALONG THE WEST LINE
THERE OF A DISTANCE OF 128.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
NORTH 02 DEGREES 32 MINUTES EAST ALONG SAID WEST LINE A DISTANCE OF 10.0 FEET
TO A POINT ON THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY #62;
THENCE NORTH 88 DEGREES 11 MINUTES EAST ALONG SAID EXISTING RIGHT OF WAY
LINE A DISTANCE OF75.4 FEET TO A POINT; THENCE SOUTH 03 DEGREES 16 MINUTES
WEST OF 10.0 FEET TO A POINT ON THE PROPOSED SOUTHERLY RIGHT OF WAY LINE OF
SAID U.S. HIGHWAY #62; THENCE SOUTH 88 DEGREES 11 MINUTES WEST ALONG SAID
PROPOSED RIGHT OF WAY LINE A DISTANCE OF 75.2 FEET TO THE POINT OF BEGINNING
AND CONTAINING 753 SQUARE FEET, MORE OR LESS.
00T7
a e evIA le
A n K A N t A y PC Meeting of December 09, 2013
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: Andrew Gamer, Planning Director
DATE: Deeelr�a beF 01, 201TUPDATED 12-18-2013
RZN 13-4547: Rezone (MLK/BEECHWOOD/EATON, 521): Submitted by JORGENSEN &
ASSOCIATES for property located at 154111555/1561 MARTIN LUTHER KING BLVD. The
property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains
approximately 1.54 acres. The request is to 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 west of Arbuckle Lane. The property is within the I-1 zoning district and contains
multiple lots totaling approximately 1.54 acres. The properties are currently developed,
containing various commercial buildings.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surroundina Land Use and Zonino
Direction
from Site
Land Use
Zoning
North
Retail/Commercial
C-2, Thoroughfare Commercial
South
Rail Road ROW/Warehouses
1-2, General Industrial
East
Commercial
1-1, Heavy Commercial and Light Industrial/ C-2, Thoroughfare
Commercial
West
Custom Powder
Coating/undeveloped
1-1, Heavy Commercial and Light 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:IETCIDevelopment Services Review120130evelopment RevimU3-4547 RZNMLK Beechwood (Eaton)103 Planning Commissionll2-09-
20131Commews and Redlines
RECOMMENDATION:
Staff recommends forwarding RZN 13-4547 to the City Council with a recommendation for
approval based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: December 09.2013 O Tabled X Forwarded O Denied
Motion: CHESSER Second: HOSKINS Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: January 07, 2014
INFRASTRUCTURE:
Streets: The site has access to State Highway 16 (Martin Luther King Boulevard. This
Principal Arterial is a five lane road with curb/gutter and storm drainage. The site
also has access to Eastern Avenue and Arbuckle Lane, all of which is unimproved
excluding the western side of Arbuckle Lane. which has been improved with curb
and gutter. Any required improvements to these roads would be determined at the
time of re -development.
Water: Public water is available to the property. There is a 6" water main along Martin
Luther King Boulevard on the north side of this property.
Sewer: Sanitary sewer is available to the site. There is a 6" sewer main and manhole
located due west of the site in Eastern Avenue as well as a manhole and 6" main
due east approximately 100' in an easement.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is not affected by the 100 -year floodplain or 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.
G: IETCIDevelopment Services Review12Ol31Developme,,t Reviewl13-4547 RZN MLK Beechwood (Eaton)103 Planning CommissimJl2-09-
2013IComments and Redlines
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates this site as Urban Center Area.
Urban Center Areas contain the most intense and dense development patterns
within the City, as well as the tallest and greatest variety of buildings. They
accommodate rowhouses, apartments, local and regional retail, including large-
scale stores, hotels, clean tech industry and entertainment uses. These areas are
typified by their location adjacent to major thoroughfares with high visibility, usu-
ally automobile -dependent customers and large areas dedicated to parking.
Although Urban Center Areas recognize the conventional big -box and strip
retail centers developed along major arterials, it is expected that vacant properties
will be developed into traditional mixed-use centers, allowing people to live,
work and shop in the same areas. Additionally, infill of existing development
centers should be strongly encouraged, since there is greater return for properties
already served by public infrastructure.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: This property is currently in various commercial uses. 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
Urban Center Area.
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 Martin Luther King Boulevard, a fully
improved five 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.
G:IETCIDevelopment Services Reviewl2013lDevelopme,,t Reviewil3-4547 RZN MLK Beechwood (Eaton)103 Planning Commission112-09-
20MComments and Redlines
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:
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: IETCIDevelopment Services Review120130evelopmenl Rmewll3-4547 RZNMLKBeechwood (Earon)103 Plarming CommissionI12-09-
20131Comments and Redliwes
Unified Development Code Chapter 161: Zoning Reaulations
161.27 District I-1, Heavy Commercial and Light Industrial
(A)Purpose. The Heavy Commercial District is designed primarily to accommodate certain
commercial and light industrial uses which are compatible with one another but are
inappropriate in other commercial or industrial districts. The Light Industrial District is
designed to group together a wide range of industrial uses, which do not produce
objectionable environmental influences in their operation and appearance. The regulations of
this district are intended to provide a degree of compatibility between uses permitted in this
district and those in nearby residential districts.
(B) Uses.
(1) 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 B
Agriculture
Unit 13
Eating laces
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive
through restaurants
Unit 21
Warehousi and wholesale
Unit 22
Manufacturin
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground storage tanks
Unit 42
Clean technolo les
(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: IETCO"elopmenr Services Review120130evelopment Review113-4547 RZN MLK Beechwood (Eaton)103 Planning Commission 112-09-
20131Commems 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(VIIl); 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-I6-98; 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 laces
Unit 15
Neighborhood Shopping goods
Unit 18
Gasoline service stations and
drive-in/drive through
restaurants
Unit 24
Home occu ations
Unit 25
Offices, studios and related
services
Unit 26
Multi -family dwellin s
G:IETCIDevelopmenl Services RmewL70131Developmenl Review)13-4547 RZNMLKBeechwood (Eolon)103 Plmming Commissian112-09-
20131Commenrs and Redlines
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional
uses shall need approval when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility
facilities
Unit 14
Hotel, motel and amusement
services
Unit 16
Shoppiniz 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
G.' IETCIDevelopment Services Review120131Development Reviewll3-4547 RZN MLK Beediwood (Eaton)103 Planning Commissionll2-09-
2013IComments and Redlines
(E) Setback regulations.
Front:
A build -to zone that is
located between 10 feet
and a line 25 feet from
the front prope line.
Side and rear:
None
Side or rear, when
15 feet
contiguous to a single-
family residential
district:
(F) Building Height Regulations.
11 Building Hei ht Maximum 1 56 k. III
(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)
G: IETCOevelopment Services Review120130evelopment Reviml]3-4547 RZN MLK Beechwood (Ealon)103 Planning Commission112-09-
20131Comments and Redlines
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 . FAX(479)5824807
DAVID L. JORGENSEN, P.E., P.L.S.
JUSTIN L. JORGENSEN, P.E.
BLAKE E. JORGENSEN, P.E.
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Development Services
Re: Rezoning
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. 765-11237-000, 765-14551-010, 765-14842-001,765-14836-000,
765-11238-000: Eaton Properties, LLC
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 MLK).
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.
RKA
Zoning Review
To:
Quin Thompson
From:
Harley Hunt
Date:
November 13, 2013
Re:
RZN 13-4547
THE CITY OF FAYETTEVILLE, ARKANSAS
FIRE DEPARTMENT
303West West Center Street
Fayetteville, 72701
P 14]915]5-8365 F14791575J8A4J1
This development will be protected by Engine 6 located at 900 S. Hollywood Drive.
It is 1 mile from the station with an anticipated response time of 3 minutes to the beginning of the development.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times.
If you have any questions please feel free to contact me.
Battalion Chief H. Hunt
Fire Marshal
Fayetteville Fire Department
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
RZN 13-4547 EATON
Close Up View
P,1
MITCHELL ST
-.-,, VENUS ST •n rt -I -
•,
.n
-� R-0 I ,
1 a _ _I fl •
SUBJECT PROPERTY I
W
FARMINGTON ST
CbAFELLA ST
DN
6� lfiPJNd13D on
OFFICE DR
�.n4 w STORAGE DR
19
multi-us21Ofrail (Existing)
Future Tails
L _; Fayetteville City Limits WAREHOUSEDR
bMaJARZN13-4547
- Footprints 2010
_ Hillside -Hilltop Ovrlay District
L___2 _! Design Overlay Di trict
Design Overlay Di trict
RPZ0
0 75 150 300 450 600
------ Planning Area Fftt
1
moo+
��Js 1 '.4 e •y 199 �.
I _
i •�,
i
till! t'I
LLQ• n,`J `�.�.,
RZN 13-4547
Future Land Use
w
'2
a
VENUS ST
�I
CAPELLA ST
Legend
......•.. FMulltti-Usse Trail (Existing)
•• • •QIAMftdfeils
— - , Fayetteville City Limits OFFICE DR
FUTURE LAND USE 2030
%ASS
NaturaArea
l
RuralArea
w STORAGE DR
Residential Ne@hborhood Area
iCitNeighborh�
yd Area
X
_ Urban Center,jea
w
Industrial M
WAREHOUSEDR
01111 vic and Private Open
= Civic Institutional
1 Non -Municipal Govemr
ROW
Q RZN 13-4547
Design Overlay District
Design Overlay District
----• Planning Area
EATON
MITCHELL ST
SUBJECT PROPERTY
0
0
i
4j
0 75 150 300 450 600
Feet
NORTHWEST ARKANSAS DEMOCRATCAZETM
NORTHWEST ARKANSAS
THE MORNINGNEWS
N�;WSPAPERSLLC
NEWS
THE MORNING NEWS OF S TIMES
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVUE, ARKANSAS 72701 1 P.O. Box 1607, 72702 1 47944&17001 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 5648
Was inserted in the Regular Editions on:
January 16, 2014
Publication Charges: $ 64.85
Holly Andrews
Subscribed and sworn to before me
This `—� day of 2014.
Com, l
Notary Public
My Commission Expires: -Z���
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.
JAN 2 2 2014
CITY CLERKS OFFIC�.EE
ORDINANCE>NO. 584$
AN4ORDINANCE REZONING THAT PROPERTY
4ESCRIBED IN REZONING ,PE2ITION RZN . ' V �j T� l
e3-
3 L547 FOR APPROXIMATELY'1.54 ACRES, v Y
_CQOATED AT .: +1541/1555/,16§7 MARTIN -ARKANSAS
LUTHER KING BOULEVARD FROM I-1, HEAW '
..CQMMERCIAULfOHT IIfDUSTRIAL, TO CS; COMMUNTT�' SERVICESy'-
BE'R:ARDAINEp'BYTHE CfTY'OOUNCIL OFTHE CITY OF FAYETTEVILLE;.',
AFJKANBAS
Septlop 1� That the e4y Coungll ojthe City ofl=ayetfetrylle, Arkansas hereby chang
esr3he zone cYasgificatibn of the following tlescnbed pfoperty from 1` 1, Heavy.
;CQriimercigl[}ightitrtduatnal tq,C$ Commubily Sergk¢s,gsshownon`Exoiblts"A'-: =I
;and B atfached hefeN antl matla part hflreof. ,
$eetian 2 That,{he City do rd of the `City of'Fsylstteville, Ai�'cansas hereby:
':amends tHe;afftdaf zoning'map'df;the City; of Fayetteville to reflect the zoning. ,
ichange Provided in Section 1,
,P ISSED and APPROVED this 7thyday of January, 2014.
'APPROVED. <� ATTEST.'
5yy > By:
LIONEUD JORDAN, Mayor ' SONDRA E., H City, GIerWTraRRURer:
,Exhibits for this ordipanee maybe vlewetl in the effce of the clLy 61,eSk/Treasurer-