Loading...
HomeMy WebLinkAboutOrdinance 5663Doc ID: 015615410003 Type. REL Kind: ORDINANCE Fee Aded. 5/00 Pape 1t f3346.53 PM WeshlnAtan County, AR Kyle Sylvester Circuit Clerk F11e2014-00004683 ORDINANCE NO. 5663 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4536, FOR APPROXIMATELY 0.74 ACRES LOCATED ON THE NORTH SIDE OF WEST MARTIN LUTHER KING BOULEVARD NEAR THE BORDER OF FARMINGTON FROM R -A, RESIDENTIAL AGRICULTURAL 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 R -A, Residential Agricultural 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 181h day of February, 2014. APPROVED: F.169:06 Mayor SONDRA E. SMITH, City Clerk/Treasurer :1 AY f-U RZN 13-4591 Close Up View 1lp)N SS Legend •••......... Multi -Use Trail (Existing.' •^^. ^ Future Trails L _ _ _� Fayetteville Gtl I =i ZN 13-4591 - Footprints 2010 - Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 75 150 ------ Planning Area EXHIBIT "A" EDWARDS fl II 11 M1' T i - ^ c I wf SUBJECT PROPERTY 300 45D s AiAFa1 600 R-0 EXHIBIT "B" RZN 13-4536 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY #62 WHICH IS S02009'12"W 837.89' AND S76002'55"W 135.84' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY S76005'27"W 222.25', THENCE LEAVING SAID RIGHT-OF-WAY N04034'02"W 214.60', THENCE S89°28'22"E 9.79', THENCE N83059'36"E 85.64', THENCE S39008'50"E 218.39' TO THE POINT OF BEGINNING, CONTAINING 0.74 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF- WAY OF RECORD. Washington County, AR I certify this instrument was filed on 02/27/2014 03:46:53 PM and recorded in Real Estate File Number 2014-00004683 Kyle Sylvesteircuit Clerk by � City of Fayetteville Item Review Form 2014-0057 Legistar File Number 02/18/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Andrew Garner City Planning Submitted By Department Action Required: RZN 13-4536: Rezone (4310 MARTIN LUTHER KING BLVDJEDWARDS, 594): Submitted by BATES AND ASSOCIATES for property located at 4310 MARTIN LUTHER KING BOULEVARD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL contains approximately 0.74 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 $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: _I tA_ Z C �-A `1 cj /0, 1, _ Q, 2- '3- 2.004 V20130812 N CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor Jordan, City Council Thru: Don Man, Chief of Staff }}�� Jeremy Pate, Development Services DirectorA From: Andrew Garner, City Planning Director Date: January 30, 2014 Subject: RZN 13-4536: Rezone (43 10 Martin Luther King Boulevard/Edwards) RECOMMENDATION: The Planning Commission and Planning Division recommend approval of an ordinance to rezone the property from R -A, Residential Agricultural to CS, Community Services. BACKGROUND: The subject property is zoned R -A, Residential Agricultural and is located on the north side of Martin Luther King Boulevard near the border between Fayetteville and Farmington. The property is an undeveloped hay field with the North Fork Farmington Creek traversing east to west adjacent to the north of the site. The subject 4.42 -acre parcel was created through a recent lot split and is adjacent to the west of the recently constructed Career Academy cosmetology school. Rezoning His tory.• • On March 20, 2012 the City Council approved rezoning the adjacent property to the east (1.14 acres) to CS, Community Services for Career Academy. • On November 25, 2013 the Planning Commission denied a rezoning request of 4.42 acres, including the subject property, to C-1, Neighborhood Commercial. LAND USE ANALYSIS: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This area is a state highway corridor that transitions from a regional commercial area to the east (Wal-Mart, Lowe's, various hotels, etc.) to undeveloped land, low- to medium -density residential areas, and a few isolated non-residential uses in between Lowe's and this site. This site is immediately adjacent to undeveloped land to the west under the same ownership, then a single family neighborhood in Farmington to the west. Career Academy is adjacent to the east. There are non-residential uses in Farmington adjacent to the southwest. Other areas in the vicinity to the north, south, and east are largely undeveloped rural residential with a commercial/office shopping center and the Ozark Mountain Smokehouse within 400-500 feet to the east and south, respectively. Staff finds the proposal is generally consistent with the City's land use planning objectives, principles and policies, as evidenced by the number of guiding policies for City Neighborhood Area this proposal meets. Rezoning the property will accommodate the future land use plan for non-residential and residential uses in this intended medium -intensity area along a principal arterial/state highway. The subject property is not considered infill as it is a greenfield site on the periphery of the City. However, the site is almost immediately adjacent to developed area in the City of Farmington to the west and Career Academy to the east. Staff does not consider the proposed rezoning suburban sprawl because it is located in an area that has adequate streets, water, and THE CITY OF FAYETTEVILLE, ARKANSAS sewer facilities, and is adjacent to a busy corridor connecting Fayetteville and Farmington. Additionally, the CS zoning is a form -based zoning district with a build -to zone that requires a compact and efficient development pattern; not a sprawling pattern. The proposed CS zoning would be compatible with the variety of uses along this corridor. Further, due to a large portion of this site being located within a floodplain, the proposal to only rezone a portion of this site outside of the floodplain is in line with the City's environmental and sustainability initiatives. The form -based zone would permit the building to be placed closer to the road allowing for preservation of much of the rear portion of the lot near the creek. DISCUSSION: On January 27, 2014, 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. [0 a 1) I►T.WrON►[Ia AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4536, FOR APPROXIMATELY 0.74 ACRES LOCATED ON THE NORTH SIDE OF WEST MARTIN LUTHER KING BOULEVARD NEAR THE BORDER OF FARMINGTON FROM R -A, RESIDENTIAL AGRICULTURAL 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 R -A, Residential Agricultural 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: IN day of 2014. ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "All RZN13-45911 EDWARDS Close Up View lii f- I II—. I I • — •r I p If• I r - - li I III — i I I I i 11 .I I• I .J 1 Il• III II 1 [I 1 I i. r - 1 ✓1, MAIN S V�. f 1 r, 1, a 1 1; 1' Legend 1 -- Multi -Use Trail (Existing}.'r���YY Future Trails ,•�� L _ - _ � Fayetteville CRy,1L -1 i - - Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay District Design Overlay Di strict 75 150 ------ Planning Area 0 SUBJECT PROPERTY ce 300 450 600 Feel R-0 EXHIBIT "B" RZN 13-4536 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY #62 WHICH IS S02009'12"W 837.89' AND S76002'55"W 135.84' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY S76005'27"W 222.25', THENCE LEAVING SAID RIGHT-OF-WAY N04034'02"W 214.60', THENCE S89028'22"E 9.791 , THENCE N83059'36"E 85.64', THENCE S39008'50"E 218.39' TO THE POINT OF BEGINNING, CONTAINING 0.74 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF- WAY OF RECORD. 7aye eville PC Meeting of January 27, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Payaleville, AR 72701 PLANNING DIVISION CORRESPONDENCE I eiephona:(479)575-82457 TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director Corey Granderson, Staff Engineer DATE: -J3Tranr72t,-28i# Updated January 30, 1014 RZN 13-4536: Rezone (4310 MARTIN LUTHER KING BLVDJEDWARDS, 594): Submitted by BATES AND ASSOCIATES for property located at 4310 MARTIN LUTHER KING BOULEVARD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL contains approximately 0.74 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Andrew Gamer BACKGROUND: The subject property is zoned R -A, Residential Agricultural and is located on the north side of Martin Luther King Boulevard at the border between Fayetteville and Farmington. The property is an undeveloped hay field with the North Fork Farmington Creek traversing east to west adj acent to the north of the site. The subject 4.42 -acre parcel was created through a recent lot split and is adjacent to the west of the recently constructed Career Academy cosmetology school. Surrounding land uses and zoning are shown in Table 1. Direction from Site North South East West Land Use Table 1: Surrounding Land Use and Zoning home Career Academy Undeveloped field/Single family residences Rezoning History; Zoning R-PZD Walnut Crossing R -A, Residential Agricultt CS, Community Services R -A, Residential Agricultt • On March 20, 2012 the City Council approved rezoning the adjacent property to the east (1.14 acres) to CS, Community Services for Career Academy. • On November 25, 2013 the Planning Commission denied a rezoning request of 4.42 acres, including the subject property, to C-1, Neighborhood Commercial. Proposal: The overall parcel contains approximately 4.42 acres and the floodplain for the North Fork Farmington Creek encompasses approximately half of the property. The applicant proposes to rezone 0.74 acres of the overall parcel from R -A, Residential Agricultural to CS, Community Services. The proposed rezoning area does not include any of the floodplain. The applicant's intent is to construct a doughnut store on the subject 0.74 acres. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends approval of the applicant's request to rezone the property to CS, Community Services. This area of the City has been designated as City Neighborhood Area on the Future Land Use Plan map and is located along a busy, improved state highway (Martin Luther King Boulevard). The proposed CS zoning which allows for a mix of nonresidential and residential uses in a form - based zone is consistent with this designation. Further, due to a large portion of this site being located within a floodplain, the proposal to only rezone a portion of this site outside of the floodplain is in line with the City's environmental and sustainability initiatives. The form -based zone would permit the building to be placed closer to the road allowing for preservation of much of the rear portion of the lot near the creek, similar to what has occurred at the adjacent Career Academy development to the east Staff recommends forwarding RZN 13-4536 to the City Council with a recommendation of approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: 01-27-14 ❑ Tabled ® Forwarded ❑ Denied Recommend auurova! Motion: Hoskins Second: Chesser Vote: 6-0-0 CITY COUNCIL ACTION: Required YES Date: ❑ Approved ❑ Denied IL INFRASTRUCTURE: Streets: The site has access to Martin Luther King Blvd. Martin Luther King Blvd is a fully improved five lane stale highway in this location. Street improvements will be evaluated at the time of development. Water: Public water is available to the property. There is a 12" water main across Martin Luther King Blvd. Public water main improvements will need to be extended to the site to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is an 8" main and a 12" main that crosses this property. The capacity of the existing sewer may need to be evaluated at the time of development to ensure adequate capacity. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is affected by the 100 -year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department has not objected to this request. Fire: The Fayetteville Police Department has not objected to this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area, which is a denser and primarily residential urban fabric where mixed and low -intensity nonresidential uses are usually confined to corner locations. City Neighborhood Areas recognize conventional strip commercial developments, but encourage complete, compact, connected neighborhoods. 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 area is a state highway corridor that transitions from a regional commercial area to the east (Wal-Mart, Lowe's, various hotels, etc) to undeveloped land, low- to medium -density residential areas, and a few isolated non-residential uses in between Lowe's and this site. This site is immediately adjacent to undeveloped land to the west under the same ownership, then a single family neighborhood in Farmington to the west. Career Academy is adjacent to the cast. There are non-residential uses in Farmington adjacent to the southwest of this site. The general uses in the vicinity to the north, south, and east are largely undeveloped rural residential use. The Ozark Mountain Smokehouse and a commercial/office shopping center are located within 400-500 feet to the east. Staff finds the proposal is generally consistent with the land use planning objectives, principles and policies, as evidenced by the number of guiding policies for City Neighborhood Area this proposal meets. Rezoning the property will accommodate the future land use plan for non-residential and residential uses in this intended medium -intensity area along a principal arterial/state highway. The subject property is not considered infill as it is a greenfield site on the periphery of the City. However, the site is almost immediately adjacent to urban and developed area in the City of Farmington to the west and Career Academy to the east. Staff does not consider the proposed rezoning suburban sprawl because it is located in an area that has adequate streets, water, and sewer facilities, and is adjacent to a busy corridor connecting Fayetteville and Farmington. Additionally, the CS zoning is a form -based zoning district with a build -to zone that requires a compact and efficient development pattern, and not a sprawling pattern. The proposed CS zoning would also be compatible with the variety of uses along this corridor. Further, due to a large portion of this site being located within a floodplain, the proposal to only rezone a portion of this site outside of the floodplain is in line with the City's environmental and sustainability initiatives. The form -based zone would permit the building to be placed closer to the road allowing for preservation of much of the rear portion of the lot near the creek. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The property is currently zoned R -A, Residential Agricultural but is designated as a City Neighborhood Area on the Future Land Use Plan. Agricultural uses are typically not intended or desired in a City Neighborhood Area. A rezoning is needed to allow the variety of uses specified on the Future Land Use Plan. In addition to the Future Land Use Plan designation, staff finds that rezoning the property to a form - based zoning district is partially justified due to natural site constraints. This site has development limitations as a result of the regulations associated with the floodway and floodplain, and Streamside Protection Ordinance. A form -based zoning district would require new development to be constructed close to the street, providing more buildable area away from the floodplain at the back of the property. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Future development allowed under the proposed zoning could substantially increase traffic on Martin Luther King Boulevard over the existing R -A zoning. However. Martin Luther King is an improved five -lane state highway and can handle large volumes of traffic. With the regulations of Chapter 166.08, Street Design and Access Management Standards, the proposed zoning would likely not create or appreciably increase traffic danger or congestion. At the time this original parent tract was subdivided to create the Career Academy parcel, the owner placed a note on the plat that was filed of record limiting access to two points: one that was developed with Career Academy, and one that is an existing access along the western property line within an access easement. 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: Increased load on public services were taken into consideration and recommendations from the Engineering, Fire, and Police Departments and are included in this report. The proposed zoning change should have no substantial adverse impact on public services. 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 (I ) through (4) above why the proposed zoning is not desirable. Finding: Not applicable. 161.03 District R -A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitteduses. Unit 1 1 City-wide uses 6Y right Unit 3 Public protection and utility facilities Unit Agriculture Unit 7 Animal husband Unit Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 42 Clean technolo ies (C) Density. 11 Units Per acre j One-half 11 (D) Bulk and area regulations. Lot width minimum 200 ft. Lot Area Minimum. Residential: 2 acres Nonresidential: 2 acres Lot area per dwellino unit 2 acres E) Setback requirements. Front 1 Side Rear 35 h. 20 ft. 35 ft- (f) Height requirements. There shall be no maximum height limits in the A -I District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each root of height in excess of 15 feet. Stich setbacks shall be measured from the required setback lines. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No 1747, 6-29-70; Code 1991, § 160.030; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord No. 4178,8-3 1- 99; 178,8-31- 99; Ord 5028,6-19-07; Ord 5128,4-15-08; Ord. 5195,11-64)8;Ord 5238, 5-5-09) 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 sunnunding 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 fomt 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 I 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 IS 1 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 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. (2) Conditional uses. Unit 2 City-wide uses by conditional use pe Unit 3 Public protection and utili facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit l7 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 establishtnents 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. Dweltina 1 18 ft. All others None (2) Lot area minimum. None (E) Setback regulations. Front: The principal fapade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet Brom the front property line. Side and rear: None Side or rear, when 15 feet contiguous to a residential district: (F) Height regulations. Maximum height is 4 stories or 56 feet which ever is less. (G) Minimum buildable street fu-ontage. 65% of the lot width. 1 Bates ` (t� �9 Associates, I nc. rCivil Engineering & Surveying 91 W. Colt Square Suite 3/ Fayetteville, AR 72703 PH: 479-442-9350 " FAX: 479-521-9350 www.nwabatesinc.com April 25, 2012 Planning Commission City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Gregory and Chris Edwards Martin Luther King Blvd- Property Rezoning Dear Commissioners, This letter is to fulfill the requirements of item 5 on the rezoning application. We are proposing to rezone the property from R -A to Community Services. a. Current property owner: Gregory and Chris Edwards. There are no pending sales on this property. b. The zoning change will allow the property owner to build a Old Tyme Donut's shop. This lot is part of a larger parcel that contains a couple zonings. One is community services, which is the same as what we're proposing. Likewise, there is relatively dense R-PZD zoning to the north. Old Tyme Donuts will provide coffee and other amenities to the large number of residents driving by and coming to this location. c. As mentioned above in item 'B', the land use is located adjacent to a Community Services zoning along a major cast/west corridor used by thousands of people throughout the day. It is also located directly south of a dense, R-PZD zoning that was built by Rausch Coleman recently. The property is on its way to Farmington, our fair neighbor, whose residents often work in Fayetteville, our fair city, and we all no doubt would enjoy the opportunity to purchase some coffee and donuts throughout the day. d. A 12" sewer main is located on the North of the property, and 8" sewer main in the Access Easement on the West of the property, and a 6" sewer main is located across MLK Jr. Blvd. A 12" water main is located across MLK Jr. Blvd. e. This parcel is located along HWY 62, a major east/west corridor for the country. Particularly, this location serves transit from the edge of Oklahoma, Farmington and other outlying areas. We are proposing a relatively typical zoning change along what has been and is a corridor for building and transit. f In order to build the Old Tyme Donuts, the zoning must be changed to one of the other more conducive zonings for restaurants. g. Old Tyme Donuts will primarily be a place residents will stop by on their way to and from places, not appreciably increasing traffic. In other words, this is not a destination. It's a place to pick up small items on our way to and from places. h. There are currently large sewer and water services in the area. The property will not increase density, as a commercial property, and will only utilize existing services to the extent they were intended. i. The property is currently R -A. While this has been the usual land use in the area for years, it is slightly impractical that along such a major arterial, between Community Services, RMF -24 and RrO, the property continue to be an agricultural use. Finally, the property is currently being used as a soil stockpile for the community services building built directly adjacent to the property. This land use is allowed under R -A zoning. There are several erosion control measures in place, however, it would no doubt be more favorable to the street, residents and adjacent property owners as a neighborhood restaurant. If you have any questions or require additional information, please feel free to call. Sincerely, Evan Niehues Bates & Associates, Inc. TRACT SPLIT Rly O IOIµ .JC'Kd PM[fl �>W-tePeu-cot aN KRfR •/- O I .eun rs i I ]ee ILtlES ./- I I I I Q I I ip 0' 60' 140 lov yfc'• RZN 13-4536 Future Land Use - 1 L 1 I .. IM1 i- It_ � •� _I I rl'.. L _ EDWARDS ALBERTA BT ..1 •........... .. .. ............ .......n.. .. .. ••.•..•. ...•.n.••. r SE ICEBERRYDR r r'--- – r r O� r �O r SUBJECT PROPERTY ro - 01111eiviC and Private Open Spa a/Parks - Civic Institutional Non -Municipal Government ROW O RZN13-4536 Design Overlay District Design Overlay District 0 125 250 500 750 1,000 ---- Planning Area laaaaaaaal Feet F, N W Z a Legend J P�_.dmdg� ......... Multi -Use Trail (Existing) Future Trails – – A Fayetteville City Limits – � FUTURE LAND USE 2005t CLASS - Natural Area U m _ Rural Area i Residential Neighborhood Area OZP,pK TRL - City Neighborhood Area - Urban Center Area •:_ — Industrial e� �I t 1 01111eiviC and Private Open Spa a/Parks - Civic Institutional Non -Municipal Government ROW O RZN13-4536 Design Overlay District Design Overlay District 0 125 250 500 750 1,000 ---- Planning Area laaaaaaaal Feet NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE N]E WSPAPERSLLC HNORTH ESTNG ARK NS ROGERSTIMES NORTHWEST ARKANSAS TIMES EENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in 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 - 5663 Was inserted in the Regular Editions on: February 27, 2014 Publication Charges: $64.85 Ko I a- c" Karen Caler Subscribed and sworn to before me This Zh day of 3�b 2014. aok' tl� Notary Public My Commission Expires: 427I20 2 CATHY WILES Arkansas • Benton County Notary Public • Comms 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent.