HomeMy WebLinkAboutOrdinance 5667Doc ID: 015655550003 Type: REL
Kind: ORDINANCE
Recorded: 03/31/2014at 10:13:57 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
Fi1e014-00007300
;I] R 11 Qr.11041II►` -WITiS
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 13-4538, FOR
APPROXIMATELY 5.09 ACRES, LOCATED AT 731 S
RAZORBACK ROAD FROM I-1, HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL, TO UT, URBAN
THOROUGHFARE
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 UT, Urban Thoroughfare, 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 18th day of March, 2014.
APPROVED:
ATTEST:
By: l.A?L- (&7 �fylc-
SONDRA E. SMITH, City Clerk/Treasurer
— °fAY:.TIi...
rV�Rrun�ttin�,��`\
EXHIBIT "A"
RZN13-4538 VICTORY COMMONS
Close Up View
I Q
zim
VENUSST� P•1
Q
Irl
z SUBJECT PROPERTY
FARMINGTONSS
CAPELLA ST =••�, ••
OFFICE DR
O
- STORAGE DR
1.1 Z
WAREHOUSE OR
V
a
Q
O
O
z
RPZD.
' z ,4'pLp
LegendATHLETIC
DR
u
... ... .......Multi -Use Trail (Existing)
C�
iPICPL
Future Trails
W
Fayetteville City Limits
_ _ ^ _
Ztd 13-4538
® Footprints 2010
- Hillside -Hilltop Overlay
District
Design Overlay Di
trict
Design Overlay Di
trict
---- Planning Area
0 ME 250
500 T50 1,000
Feel
EXHIBIT "B"
RZN 13-4538
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE
SOUTH 40.12', THENCE S87°02'22"W 68.57' TO THE RIGHT-OF-WAY OF RAZORBACK
ROAD (ARKANSAS STATE HIGHWAY #112) SAID POINT BEING 15' SOUTH OF AND
PERPENDICULAR TO THE CENTERLINE OF THE BURLINGTON NORTHERN
RAILROAD COMPANY'S FAYETTEVILLE, ARKANSAS TO MUSKOGEE,
OKLAHOMA BRANCH LINE MAIN TRACK AND THE POINT OF BEGINNING, THENCE
ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S02'3 1'07"W 160.59', S06°55'32"W
43.15', S02°47'03"W 304.09', SO4°08'22"W 68.30', S09°46'05"W 56.53' TO THE
INTERSECTION WITH SAID RIGHT-OF-WAY AND A POINT THAT IS 15' NORTH AND
EAST OF AND PARALLEL AND OR CONCENTRIC TO THE CENTERLINE OF THE
SOUTH LEG OF THE WYE CONNECTING TRACK OF SAID RAILROAD COMPANY'S
FORT SMITH, ARKANSAS TO MUSKOGEE, OKLAHOMA BRANCH LINE, THENCE
LEAVING SAID RIGHT-OF-WAY ALONG SAID CONNECTING TRACK ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1057.14' FOR A CHORD BEARING AND
DISTANCE OF N55034'56"W 959.98' TO A FOUND IRON PIN WITH CAP WHICH IS 15'
SOUTH OF AND PERPENDICULAR TO THE CENTERLINE OF THE BURLINGTON
NORTHERN RAILROAD COMPANY'S FAYETTEVILLE, ARKANSAS TO MUSKOGEE,
OKLAHOMA BRANCH LINE MAIN TRACK, THENCE N06°03'38"W 23.64', THENCE
N83027'03"E 176.43' TO AN EXISTING REBAR, THENCE N00°24'08"E 18.62',THENCE
N84000'06"E 666.13' TO THE RIGHT-OF-WAY OF SAID RAZORBACK ROAD, THENCE
S0203 1'07"W 43.67' ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING,
CONTAINING 5.09 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-
OF-WAY AND OTHER RESTRICTIONS OF RECORD OR NOT.
Washington County, AR
I certify this instrument was filed on
03/31/2014 10:13:57 AM
and recorded in Real Estate
File Number 2014-00007300
Kyle Sylvester- Circuit Clerk
by "���
City of Fayetteville Item Review Form
2013-0197
Legistar File Number
12-17-2013
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Quin Thompson Development Services
Submitted By Department
Action Required:
RZN 13-4538: Rezone (RAZORBACK ROAD/VICTORY COMMONS, 560): Submitted by
PARADIGM DEVELOPMENT for property located at 731 RAZORBACK ROAD. The property is
zoned 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 5.09
acres. The request is to rezone the property to UT, URBAN THOROUGHFARE.
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: 15` ti 14d 444
q
rhh� 'I •l
V20130812
�i0✓ 21, Z�1-3
/ 5
ti:;! -y �,
V�C'
iL�
/-�cv}.rid }14_ji ?'i CtdL4llft�'it1'a1�.
THE CITY OF FAYETTEVILLE, ARKANSAS
RK
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
From: Quin Thompson, Current Planner
Date: November 25, 2013
Subject: RZN 13-4538: Rezone (731 S Razorback Road/Victory Commons)
RECOMMENDATION: The Planning Commission and Staff recommend approval of an ordinance to
rezone the property to UT, Urban Thoroughfare.
BACKGROUND: The subject property is located at 731 S Razorback Road. The property is within the
I-1, Heavy Commercial and Light Industrial zoning district and contains multiple lots totaling
approximately 5.09 acres. The property contains an existing warehouse building of approximately
12,500 square feet, built in 1972.
CITY PLAN 2030 FUTURE LAND USE MAP: 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, usually automobile -dependent
customers and large areas dedicated to parking. 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
UT, Urban Thoroughfare, will allow the property to be used for commercial or residential opportunities
that are consistent with surrounding land uses and the City Plan 2030 designation as an Urban Area.
The UT zoning district is a significant downzone from I-1, and will provide opportunity for re-
development that is more compatible with recent residential and commercial development than the
current zoning allows. As discussed, with the recent rezoning and re -development of the adjacent
properties to the west from I-1 to CS, Community Services, the rail line spur in this immediate vicinity
THE CITY OF FAYETTEVILLE, ARKANSAS
has not been used for many years and market demand for industrial use in this neighborhood is not
anticipated.
DISCUSSION: On November 25, 2013, the Planning Commission forwarded this item to the City
Council with a recommendation of approval with a vote of 8-0-0.
BUDGET IMPACT: None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 13-4538, FOR
APPROXIMATELY 5.09 ACRES, LOCATED AT 731 S
RAZORBACK ROAD FROM I-1, HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL, TO UT, URBAN
THOROUGHFARE
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 UT, Urban Thoroughfare, as shown on Exhibits "A" and "B" attached hereto and
made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED this
APPROVED:
By:
LIONELD JORDAN, Mayor
day of 2013.
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
RZN 13-4538
Close Up View
EXHIBIT "A"
VICTORY COMMONS
VENUS STf-1: ti pi
a
i
IV
SUBJECT PROPERTY —_ -- _ — , I
J I _
W I
K I w1 I •I a —
FARMINGTON Sj m t
CAPELLA STK61
ANTR
I+ R-0
OFFICE OR
STORAGE DR
1.1
WAREHOUSE OR
Legend
-•-• •••••• Multi -Use Trail (Existing)
Future Trails
- - - Fayetteville City Limits�
LUUVZN13-4538
Footprints 2010
— Hillside -Hilltop Ov rlay District
Design Overlay Di trict
Design Overlay Di strict
❑
0
O
W
W
J
1;2
r
o FCrzo
ATHLETIC DR
LL
l %VPICPL i
0 125 250 500 750 1.000
------ Planning Area Feel
rq
-.,-
^ice L= . A -4
EXHIBIT `B"
RZN 13-4538
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE
SOUTH 40.12', THENCE S87°02'22"W 68.57' TO THE RIGHT-OF-WAY OF RAZORBACK
ROAD (ARKANSAS STATE HIGHWAY #112) SAID POINT BEING 15' SOUTH OF AND
PERPENDICULAR TO THE CENTERLINE OF THE BURLINGTON NORTHERN
RAILROAD COMPANY'S FAYETTEVILLE, ARKANSAS TO MUSKOGEE,
OKLAHOMA BRANCH LINE MAIN TRACK AND THE POINT OF BEGINNING, THENCE
ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S02°31'07"W 160.59', S06°55'32"W
43.15', S02°47'03"W 304.09', SO4°08'22"W 68.30', S09°46'05"W 56.53' TO THE
INTERSECTION WITH SAID RIGHT-OF-WAY AND A POINT THAT IS 15' NORTH AND
EAST OF AND PARALLEL AND OR CONCENTRIC TO THE CENTERLINE OF THE
SOUTH LEG OF THE WYE CONNECTING TRACK OF SAID RAILROAD COMPANY'S
FORT SMITH, ARKANSAS TO MUSKOGEE, OKLAHOMA BRANCH LINE, THENCE
LEAVING SAID RIGHT-OF-WAY ALONG SAID CONNECTING TRACK ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1057.14' FOR A CHORD BEARING AND
DISTANCE OF N55034'56"W 959.98' TO A FOUND IRON PIN WITH CAP WHICH IS 15'
SOUTH OF AND PERPENDICULAR TO THE CENTERLINE OF THE BURLINGTON
NORTHERN RAILROAD COMPANY'S FAYETTEVILLE, ARKANSAS TO MUSKOGEE,
OKLAHOMA BRANCH LINE MAIN TRACK, THENCE N06°03'38"W 23.64', THENCE
N83027'03"E 176.43' TO AN EXISTING REBAR, THENCE N00°24'08"E 18.62',THENCE
N84000'06"E 666.13' TO THE RIGHT-OF-WAY OF SAID RAZORBACK ROAD, THENCE
S0203 1'07"W 43.67' ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING,
CONTAINING 5.09 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RIGHT-
OF-WAY AND OTHER RESTRICTIONS OF RECORD OR NOT.
wo
Ty evi le
J ARKANSAS
PC Meeting of November 25, 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 Garner, Planning Director
DATE: November 18, 20" UPATED 11-26-2013
RZN 13-4538: Rezone (RAZORBACK RD.NICTORY COMMONS, 560): Submitted by
PARADIGM DEVELOPMENT for property located at RAZORBACK ROAD. The property is
zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately
5.17 acres. The request is to rezone the property to UT, Urban Thoroughfare.
Planner: Ouin Thompson
BACKGROUND:
Property and Background: The subject property is located west of Razorback Road near Martin
Luther King Boulevard. The property is within the I-1 zoning district and contains multiple lots
totaling approximately 5.17 acres. The property contains an existing warehouse building of
approximately 12,500 square feet, built in 1972.
The north edge of the property shows a multi -use trail according to the Fayetteville Alternative
Transportation and Trails (FATT) plan. On the south property line there is an existing rail
corridor. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrnundinn Land 1Jse and Zonina
Direction
Land Use
Zoning
from Site
North
Filling Station, Franchise
C-2, Thoroughfare Commercial
Restaurants
South
State ofAkansas(DMV), Rail
1-1, Heavy Commercial and Light Industrial
corridor
R -O, Residential Office/RMF-24, Residential Multi -family 24 units
East
Undeveloped
per acre
1-1, Heavy Commercial and Light Industrial(to be rezoned CS)
West
Commercial Warehouse
Request: The request is to rezone the property from I-1, Heavy Commercial and Light Industrial,
to UT, Urban Thoroughfare.
Public Comment: Staff has not received public comment.
C: IETCI Development Services RevieM20130evelopmenl Reviewll3-4538 RZN Razorback Rd (Victory Commons)103 Planning CommissionIll-
25-2013ICommenfs and Redlines
RECOMMENDATION:
Staff recommends forwarding RZN 13-4538 to the City Council with a recommendation for
approval based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: November 25, 2013 O Tabled X Forwarded O Denied
Motion: CHESSER Second: WINSTON Vote: 8-0-0
Notes: HOSIGNS RECUSED
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Razorback Road, a fully improved five 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 both an 8" main along
Razorback Road and a 12" water main within the property boundary.
Sewer: Sanitary sewer is available to the site. There is an 8" sewer main along
Razorback Road which joins a 24" sewer main along the subject frontage.
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: This development will be protected by Engine 6 located at 900 S. Hollywood Dr.
It is 2 miles from the station with an anticipated response time of 4 minutes to the
beginning of the development.
Police: The Police Department made no comment.
G: IEXIDevelopmeni Services Review120131 Development Review)/3-4538 RZN Razorback Rd (Victory Commons)103 Planning Commissionlll-
25-20131Comments 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 partly developed with a warehouse built in 1972.
The proposal to rezone the property to UT, Urban Thoroughfare, will allow
the property to be developed with commercial and/or residential uses that
are consistent with City policies and goals for the neighborhood. The City
Plan 2030 Future Land Use Map designates this area as Urban Center. This
designation encourages height, density, and variety of use in order to create
compact urban neighborhoods.
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 commercial uses, which are
compatible with the City Plan 2030 Future Land Use Map.
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 Razorback Road, 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 evaluated at the time of development.
C:I ETCI Development Services Review120130evelopmeni Review113-4538 RZN Razorback Rd (Victory Commons)103 Planning Commissionl t 1-
25-20131Comments 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
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.
G:IETCIDevelopment Services ReviewW 131 Development Review113-4538 RZN Razorback Rd (Victory Commons)103 Planning Commission ll1-
25-20131Comments and Redlines
(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 laces
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive
through restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground store a 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.
(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)
G: IETCI Development services Review120130evelopment Reviewll3-4538 RZN Razorback Rd (Victory Commons)103 Planning Commission111-
25-20131Commenis and Redlines
161.21 Urban Thoroughfare
(A)Purpose. The Urban Thoroughfare District is designed to provide goods and services for
persons living in the surrounding communities. This district encourages a concentration of
commercial and mixed use development that enhances function and appearance along major
thoroughfares. Automobile -oriented development is prevalent within this district and a wide
range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the
Urban Thoroughfare 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 dwellin s
Unit 9
Two-family dwellings
Unit
Three-family dwellings
10
Unit
Eating places
13
Unit
Hotel, motel and amusement
14
services
Unit
Shopping goods
16
Unit
Transportation trades and services
17
Unit
Gasoline service stations and drive -
18
in/drive through restaurants
Unit
Commercial recreation, small sites
19
Unit
Home occupations
24
Unit
Offices, studios, and related
25
services
Unit
Multi -family dwellings
26
Unit
Liquor store
34
Unit
Accessory Dwellings
41
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:IETCIDevelopmenl Services ReviewQ0131Development Reviewll34538 RZN Razorback Rd (Victory Commons)103 Planning Commissionlll-
25-20131Comments and Redlines
(2) Conditional uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk cafes
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum
Single-family dwelling
18 feet
All other dwellings
None EEE
Non-residential
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:1 ETCI Development Services Review120131Development Reviewll3-4538 RZN Razorback Rd (VictoryCommons)103 Planning Commission Ill-
25-20131Comments and Redlines
(F) Building height regulations.
Building Height Maximum j 56/84 ft.-
*A building or a portion of a building that is located between 10 and 15 ft. from the front
property line or any master street plan right-of-way line shall have a maximum height of 56
feet. A building or portion of a building that is located greater than 15 feet from the master
street plan right-of-way shall have a maximum height of 84 feet.
Any building that exceeds the height of 20 feet shall be set back from any boundary line of a
single-family residential district, an additional distance of one foot for each foot of height in
excess of 20 feet.
(G)Mininuan buildable street frontage. 50% of the lot width.
(Ord. 5312,4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10; Ord, 5462, 12-6-11; Ord. 5592, 06-18-13)
G-IETCIDevelopmenl Services Review12013I Development Review113-4538 RZNRazorback Rd (Victory Commons)103 Planning Commissionli1-
25-20/31Comments and Redlines
A written description of this request addressing the following items:
a. Current ownership information and any proposed or pending property sales.
The Property to be rezoned is currently owned by Tracy Hoskins, Victory Commons,
LLC, and Allied Bank. No sales are pending.
b. Reason (need) for requesting the zoning change.
Changes due to market conditions and the property is currently zoned 14 Industrial.
The property is better suited for mixed-use commercial/residential — as designated in
our CityPlan 2030.
C. Statement of how the proposed rezoning will relate to surrounding properties in terms of
land use, traffic, appearance, and signage.
Proposed Zoning will be very compatible to the existing zoning of the surrounding
neighborhood in terms of intensity and uses. The immediate area is a redeveloping area
of student housing and commercial. The property is located just off of MLX and along
the recently widened blvd Razorback Road— two major arterial roads. The requested
zoning should not negatively impact existing traffic conditions. This is currently a
brown field site. With the appropriate UT zoning, the property can be redeveloped into
an attractive and useful enhancement to the community. Signage will be as allowed
within the UT regulations.
d. Availability of water and sewer (state size of lines). This information is available from the
City Engineering Division.
The property is currently served by a 12" water main along the street frontage
(Razorback Road) and 8"and 24" sewer main also along the street frontage (Razorback
Road)
e. The degree to which the proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans.
The properly will be rezoned from Industrial to formed -based zoning Urban
Thoroughfare — consistent with the 2030 Future Land Use designation of Urban Center
Area
f. Whether the proposed zoning is justified and/or needed at the time of the request.
The Proposed Zoning is justified and needed as the property is currently zoned for
Industrial use which is not a desirable or practical zoning for the property, nor is it the
highest and best use of the property.
g. Whether the proposed zoning will create or appreciably increase traffic danger and
congestion.
The property is located just off of MLK and along the recently widened blvd
Razorback Road. The requested zoning should not negatively impact existing traffic
conditions.
h. Whether the proposed zoning will alter the population density and thereby undesirably
increase the load on public services including schools, water, and sewer facilities.
We expect that the properly will eventually somewhat increase the population density
in the immediate area. However, this is the type of land use and density we as a city are
trying to promote.
Why it would be impractical to use the land for any of the uses permitted under its
existing zoning classification.
Currently, there are no uses permitted other than those relative and permitted un
Industrial zoning. While industrial zoning does include some permitted uses such as
limited multifamily, eateries, etc.; the zoning also permits undesirable uses as well — by
right.
7avuJ+iC:iiS
L I�
Ci �.it: �lY!Cf
1lihlti�i(TG:(.q ! I i
!�$3YI'Ed4TX
YSn'/iE�C"1 FrEX:rti'Mj;12
}
VICTORY
COMMONS
II, LLC_
ALLIED
BANK
Zoning Review
To:
Quin Thompson
From:
Harley Hunt
Date:
October 30, 2013
Re:
RZN 13-4538
THE CITY OF FAYETTEVILLE, ARKANSAS
FIRE DEPARTMENT
l...i 101 Won Gntor Stmt
Fay Mlll4 AR 72701
P (479) 5754365 F 14791575-0171
This development will be protected by Engine 6 located at 900 S. Hollywood Dr.
It is 2 miles from the station with an anticipated response time of 4 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.
Battalion Chief H. Hunt
Fire Marshal
Fayetteville Fire Department
Telecommunications Device for the Deaf TDD(479)521-1316 113 Wert Mountain -Fayetteville, AR 72701
y1aY Wl-4 -. _ Yom « /•��,3
I 'nl a� �I Yee-w�a'^aril
J �e , !
I I 1 �4 lyY ib�µli� L
I �
C(
p G IviP L�. wl
U PUBLIC 1260
G
,� �'_ I f�� IfLI[G�L 1 nt Gl.�•, V � ��� Cn 41Si _.A i►ri'i
`,•� ��— 1 III }_ � �Fi. 1 � �I{ � IO .AGI•
- '• � � I ISI S'• I JY pY `'IL ' _,� i • I� � _
r
•t
1 .h
4G
f
yL'
J /
�Q1l,1 � • qq3.3 �h I 1 -
RZN 13-4538
Close Up View
ST
VICTORY COMMONS
Pd
— _ - SUBJECT PROPERTY -
FARMINGTONSS
CAPELLA ST a -_- - -- _ 'al iA, ...
........ .. ....•�......... •.....•... ........... IJ i�..�.: `Nol NTRL
1 R-0
OFFICE DR
13
STORAGE DR o
O
z
W
WAREHOUSE -DR
0
O
U
m
Legend
Multi -Use Trail (Existing)
Future Trails
Fayetteville City Limits "2
Sia -f
Laaj, RZN 13-4538
— Footprints 2010
Hillside -Hilltop Ov rlay District
Design Overlay Di strict
Design Overlay Di strict
1• 1
1
HPZD
oI
ATHLETIC
OR r—'!
pr I w
=� f711PICPL
0 125 250 500 750 1,000
------ Planning Area Feel
RZN 13-4538
Future Land Use
i■ .
VICTORY COMMONS
CAPELLA ST
OFFICE DR
O
2
STORAGE DR
WAREHOUSE DR
Lu
Legend o
0
••••••••• Multi-gse Trail (Existing)
•.•... FuturiTrails
r - -
Faye
i6ville City Limits
FUTURE LAND USE 2030
CLASS
- Natural Area
_ Rural Area
Residential Neighborhood Area
- City Neighborhood Area
_ Urban Center Area
Industrial
��Ie4o fVni
�Wvic and Private Open Spa a/Park!
_ Civic Institutional
Non -Municipal Government
ROW
Q RZN13-4538
Design Overlay District
D I O I D
9
SUBJECT PROPERTY
1
esgn veray IStr o 125 25D 500 750 1.000
----• Planning Area Feet
-
c_
A h[j�.tll i -
1
:
� If
LWJPZN13-4538
McCoy, Dee
From: City -Clerk
Sent: Tuesday, January 07, 2014 4:33 PM
To: Adams, Rhonda; Branson, Lisa; Broyles, Lana; Eads, Gail; Gray, Adella; Johnson, Kimberly;
Mayor; Kinion, Mark; Long, Alan; Marr, Don; Marsh, Sarah; McCoy, Dee; Mulford, Patti;
Petty, Matthew; Roberts, Gina; Schoppmeyer, Martin; Smith, Lindsley; Smith, Sondra;
Tennant, Justin; Williams, Kit
Subject: FW: RZN 13-4538 (Razorback Road/Victory Commons)
Dear City Clerk -
Due to circumstances beyond my control, I will not be able to attend tonight's City Council meeting. Due
to this and other issues, I respectfully request that my application for rezoning, RZN - 4538 for
Razorback Road/Victory Commons, be tabled for three weeks, or the closest City Council meeting a
minimum of three weeks away.
Thanks!
7ral-y X 76skiJ7s
I'717 gas. qic nd Lane. ra}a P,ry„Ile, FrY.anses 7?]:y
r.
S-Ja
McCoy, Dee
From: Tracy Hoskins <tkhoskins@paradigmnwa.com>
Sent: Tuesday, February 18, 2014 10:38 AM
To: City -Clerk
Subject: RZN 13-4538
Categories: Completed
Dear City Clerk —
Unfortunately, we STILL don't have our issue worked out and I must again request RZN 13-4538 (Razorback
Road/Victory Commons) to be tabled until the next City Council meeting.
Please let me know if there is any problem with tabling the rezoning again.
Thanks!
\1 PA I
1907 Beef Fnend Lane, Fayeltenlle, Arkansas 72701
(!797521.7007 erme (09)236-169:" -
HEIS
iVEW LEAs=
HOMES
NORTHWEST ARKANSAS DEMOCRAT GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
N�SPAPERSLLC
THE
NORTH ESTNG ARK OF ROGERARKANSAS TIMES
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 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 -
Ord. 5667
Was inserted in the Regular Editions on:
March 27, 2014
Publication Charges: $64.85
Karen Caler
Subscribed and sworn^ t�o before me
N
This ZX day of . 2014.
Ngit,wl('6
Notary Public
My *a�idW--'WP* :>JV
CATHY WILES
Arkansas - Benton County
Notary Public - Comml 12397118
My Commission Expires Feb 20, 2024
RECEIVED
MAR 28 2014
CITY OF FAYETTEVILLE
CITY CLERICS OFFICE
A�1Q.,NC+: 567 yN .
AN ORDINANCE3RBZANIjJG THAFPROPERTY
''DESCRIBED .,IN ET1710JJ REZ,ONJNG PJ1ZN.,- . P.^.
13.4538 ;FOR AP_P,ROXIMA7ELJ 508 ACAESir=
LOCATED A '731 S RAZORBACK ROAD ARKANSAS
FROM 1
1-1, HEAVY COMMERCIAL AND LIGHT
",1ND113TR!AR Yffl ,THORG.Uk RE ��'I �g Ea 3
a,BEATARb�A1N BY :THEefi17Y1 ;:00U G OF,TNE GIT! OF2FAY TTE LILLE,7'r
ARKANSAS:
Section 1 That the City Council of the City of Fayetteville Arkansas hereby:-
oi gess ;4he"zone da ?ificeggW9rthe'followmg ,,iris klgd opeygi 9rolr) I -i,.
H ,Cho" nmemjalendgM Irldustnal,}o UT, Urban Thoroughfare as shown on
E> bas' fifid -B -at[ached her4toohd made,a part hereof
eotibolIv gTbwthic6ity C4uncfL.of Ity
the Ctof Fa atlevill
1S 6, ArkansaB hdreby,:1
am3annda l�ieTQigal, zo�lipg rRap ofTtha�Clty of Fayei yule th r"ect the zoning,
cI
hange provIO Tr�-$'eogon 1
P�1S�Ep`TeriC }iFP�iOV"ED"this'1Biti Aa`yof Ma&h. 0141 I" 1'5
!ARPROVFA 5 3 -02
.�-u U k s ATTEST s t
Byr k"Q v z By^
40NELD J QD s Mayo[ .$�O}1DFiA E SMITR F74y Olek(freesyrer
i ^>s xTzr!ms
Exhibds for this ordinance may be Viewed in the office of thC
e d'y Clerk/heesurer.
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.