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
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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
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SUBJECT PROPERTY
300 45D
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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_
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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
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Future Trails ,•��
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- Footprints 2010
_ Hillside -Hilltop Overlay District
Design Overlay District
Design Overlay Di strict
75 150
------ Planning Area 0
SUBJECT PROPERTY
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300 450 600
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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.
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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.