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Home My WebLink AboutOrdinance 5683BE 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. A G PASSED and APPROVED this 6a, day of May, 2014. ATTEST: By: yl VI.- f ,a4 - SON RA E. SMITH, City Clcrk/Tr �.�".:�• '``,'ill '.� _� F,�'tillllilll\lS1 0 + 7CL1pzO— ^ �ammF-off m ms oo. N w�30 <nriO - OY+r1.• gO NJ( M �N NO220= ORDINANCE NO. 5683 -Phmo-.ZZ1 I�o°mro= 0�- ao w= AN ORDINANCE REZONING THAT PROPERTY ° M~ 0 _ O m A DESCRIBED IN REZONING PETITION RZN 14-4659, FOR - p O Q APPROXIMATELY 9.74 ACRES, LOCATED AT THE WEST 1--�" i r 0 G = SIDE OF BEECHWOOD, SOUTH OF THE DOMAIN FROM I- m o a Nx w•. " e 1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL, TO CS, N m �= 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. A G PASSED and APPROVED this 6a, day of May, 2014. ATTEST: By: yl VI.- f ,a4 - SON RA E. SMITH, City Clcrk/Tr �.�".:�• '``,'ill '.� _� F,�'tillllilll\lS1 0 RZN 14-4659 Close Up View RSH :.... ,1C-2 �1 PARNELL DR i! :t 't IC .1 �C ! . ... .•`.. .. . .. .0 l � •1 i r 1 .1 • RMF -12 • • Leger 4 ......••••• MutU-Use Trail JlFxl�ting) • Fuluk Trails 11 C FayetEettille City k1kts Fervled RZN14-4659 - Footprints 2010 — Hillside -Hilltop ( Design Overlay Design Overlay Planning Area EXHIBIT 'A' BEECHWOOD PROPERTIES C-1 FARMINGTONsjFn uy District 41 PRIVATE 1369 OFFICE DR STORAGE DR g WAREHOUSE DR PRIVATE 1149 LI PUBLIC 1250 0 150 300 600 900 1,200 Feet APID g )'MPIC PL. EXHIBIT 'B' RZN 14-4659 All of Block 8 of the Replat of Westwood Addition to the City of Fayetteville, Arkansas, as shown on the plat of record in plat book 508, at page 349, plat records of Washington County, Arkansas. Washington County, AR I certify this instrument was filed on 05/19/2014 09:13:28 AM and recorded in Real Estate File Number 2014-00012024 Kyle Sylvester- Cpr-ukt Clerk by Quin Thompson Submitted By City of Fayetteville Item Review Form 2014-0183 Legistar File Number 05/06/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department RZN 14-4659: Rezone (WEST SIDE OF BEECHWOOD AND SOUTH OF THE DOMAIN/BEECHWOOD PROPERTIES, 559): Submitted by JORGENSEN AND ASSOCIATES for property located at WEST SIDE OF BEECHWOOD, SOUTH OF THE DOMAIN. The property is zoned 1-1, HEAVY COMMERCIAL LIGHT INDUSTRIAL and contains approximately 9.74 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: V20130812 €ll ERED '�1 CITY OF ay evi le Y ARKANSAS MEETING OF MAY 06, 2014 CITY COUNCIL AGENDA MEMO TO: Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner DATE: April 16, 2014 SUBJECT: RZN 14-4659: Rezone (WEST SIDE OF BEECHWOOD AND SOUTH OF THE DOMAINIBEECHWOOD PROPERTIES, 559): Submitted by JORGENSEN AND ASSOCIATES for property located at WEST SIDE OF BEECHWOOD, SOUTH OF THE DOMAIN. The property is zoned 1-1 HEAVY COMMERCIAL LIGHT INDUSTRIAL and contains approximately 9.74 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to rezone the property to CS, Community Services. Planning Division staff recommends approval of the request. BACKGROUND: The subject property is located south of Martin Luther King Boulevard and west of Beechwood Avenue. The property is within the 1-1 zoning district and contains approximately 9.7 acres. The property is developed with a surface parking lot that serves the adjacent property to the south. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Industrial Area. Industrial Areas are those areas with buildings that by their intrinsic function, disposition or configuration, cannot conform to one of the other designated areas and/or its production process requires the area to be separated from other uses. COMPATIBILITY: This property is currently in use as a surface parking lot associated with the adjacent industrial use to the south. 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 recent trend in the area, where older industrial properties have been redeveloped for residential use. The CS zoning district is a significant downzone from 1-1, and will provide opportunity for re- development that is more compatible with recent residential development than the current zoning allows. As discussed, with the recent rezoning and re -development of the adjacent properties to the north and northeast from 1-1 to CS, the zoning is justified in staff opinion. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On April 14, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4659, FOR APPROXIMATELY 9.74 ACRES, LOCATED AT THE WEST SIDE OF BEECHWOOD, SOUTH OF THE DOMAIN 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 2014. FAIIMIN By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT W RZN14-4659 BEECHWOOD PROPERTIES Close Up View - as PN aP.1III '� .. q_ _ FARMINGT0145T- �fc- UT C I p I O r1 rl. PARNELL DR !t 1.1 PRIVATE 1369 600 900 OFFICE DR 0 STORAGE DR o 0 WAREHOUSE DR PRIVATE 1149 1-2 PUBLIC 1250 1,200 5Feet RPZO 0, NPIC PL � 1 _ ;r�...rr.r ...r,$ '1 rI • ■ I • i V ■ • ■ RMF -12 ■ Legend ■ ............. Multi -Use Trail JExipsting) „r,r„• Future Trails Fayette4ille City gisrlits ervie RZN14-4659 Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay District Design Overlayistrict ----- Planning Area 0 150 300 M!Miiiio 1.1 PRIVATE 1369 600 900 OFFICE DR 0 STORAGE DR o 0 WAREHOUSE DR PRIVATE 1149 1-2 PUBLIC 1250 1,200 5Feet RPZO 0, NPIC PL EXHIBIT 'B' RZN 14-4659 All of Block 8 of the Replat of Westwood Addition to the City of Fayetteville, Arkansas, as shown on the plat of record in plat book 508, at page 349, plat records of Washington County, Arkansas. CITY OF ay evi le ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Quin Thompson, Current Planner A^•'''� 4,2944 UPDATED 4-17-2014 SUBJECT: RZN 14-4659: Rezone (WEST SIDE OF BEECHWOOD AND SOUTH OF THE DOMAIN/BEECHWOOD PROPERTIES, 559): Submitted by JORGENSEN AND ASSOCIATES for property located at WEST SIDE OF BEECHWOOD, SOUTH OF THE DOMAIN. The property is zoned 1-1, HEAVY COMMERCIAL LIGHT INDUSTRIAL and contains approximately 9.74 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 14-4659 to City Council with a recommendation for approval. BACKGROUND: The subject property is located south of Martin Luther King Boulevard and west of Beechwood Avenue. The property is within the 1-1 zoning district and contains approximately 9.7 acres. The property is developed with a surface parking lot that serves the adjacent property to the south. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Multi -Family Residential CS, Community Services South Industrial 1-2, General Industrial East Residential Multi -family CS, Community Services West Single-family Residential/City of RSF-4, Residential Single-family, 4 units/acre Fayetteville p-1, Institutional DISCUSSION: Request: The request is to rezone the property from 1-1, Heavy Commercial and Light Industrial, to CS, Community Services. The applicant has stated that the rezoning would make the property more marketable for a variety of potential uses. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, Aft 72701 Public Comment: Staff has not received public comment. Infrastructure: Streets: The site has access to Beechwood Avenue which is a two lane local road, the west side of Beachwood Avenue has open ditches and no curb and gutter while the east has been improved with curb/gutter and associated drainage. Improvements to this road would be determined at the time of development. Water: Public water is accessible to the site. An 8" water main exists in the Beechwood Avenue right of way. Sewer: Sanitary sewer is available to the site. An 8" sanitary sewer exists on the east side of Beechwood Avenue right of way. Also, sewer extensions have been built as part of the domain property to the north along San Gabriel Circle. 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 Hollywood. It is 1.5 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. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Industrial Area. Industrial Areas are those areas with buildings that by their intrinsic function, disposition or configuration, cannot conform to one of the other designated areas and/or its production process requires the area to be separated from other uses. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: This property is currently used as a surface parking lot associated with the adjacent industrial use to the south. The neighborhood has 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 existing parking lot for the adjacent industrial property would be allowed to continue in its current use. The City Plan 2030 Future Land Use Map designates this area as Industrial. This designation is often used to protect existing industrial uses and to safeguard businesses that may create noise or odor that are not compatible with other uses. Properties in the area have been moving away from industrial uses, and 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 G:\ETC\Development Services Review\2014\Development Review\14-4659 RZN W side of Beechwood S of the Domain(Beechwood)\03 Planning Commission\04-14-2014\Comments and Redlines and light commercial uses, which are compatible with the changing neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified due to the fact that the area's current industrial zoning designation is becoming incompatible with surrounding properties as redevelopment occurs. The proposed zoning will allow the owner to utilize the property for residential and light commercial uses, which are compatible with the changing neighborhood. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site access has access to Beechwood Avenue, a partially improved two lane street. The proposed zoning would allow uses likely to increase traffic, and given the increased development served by this single street, it is possible that traffic danger and likely that congestion could be increased without adequate improvements. Street improvements will be assessed at the time of development. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from industrial to mixed use will allow for the development of residential and commercial uses, however development should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: 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 RECOMMENDATION: Staff recommends forwarding RZN 14-4659 to the City Council with a recommendation for approval based on findings stated herein. BUDGET/STAFF IMPACT: None G:\ETC\Development Services Review\20140evelopment Review\14-4659 RZN W side of Beechwood S of the Domain(Beechwood)\03 Planning Commission\04-14-2014\Comments and Redlines PLANNING COMMISSION ACTION: Required YES Date: April 14. 2014 O Tabled X Forwarded O Denied Motion: Winston Second: Chesser Vote: 9-0-0 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: Attachments: Request Letter Fire Comments One Mile Map Close Up Map Current Land Use Map Future Land Use Map GAETC\Development Services Review\20140evelopment Review\14-4659 RZN W side of Beechwood S of the Domain(Beechwood)\03 Planning Commission\04-14-2014\Comments and Redlines JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning FAYETTEVILLE, ARKANSAS 72703 . (479) 442-9127 ' FAX (479) 562-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: a. 765-12173-001: Beechwood Properties of Arkansas 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 north is zoned Community Services and has Student Housing. The property to the east was recently rezoned CS and the property to the south is I-1. With the addition of the Domain Student Housing development to the north an evaluation of compatibility of Community Services was undertaken and found to be an appropriate zoning, with this finding, we feel that this property would be compatible as well with the requested zoning. D. Existing water and sewer are already at this site (8" Water and Sewer run along Beechwood). E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development in the future as to be consistent with the recent rezoning of the Domain property to the west from Industrial to Community Services. F. The trend of re -utilizing land in this area is an effort to maximize and diversify use and has found to be successful. G. With the development of the Domain Student Housing project to the west, improvements to the intersection of Beechwood and Martin Luther King Junior Blvd have decreased traffic danger and congestion. H. The potential to increase the population density in this area as a result of this rezoning would aid in supplying a demand to existing commercial uses along Martin Luther King Junior Blvd and would not undesirably increase load on public services. I. Industrial zoning limits the use of this land as compared to the mixed available uses found under the Community Services Zoning. Sincerely; Justin L. Jorgensen, P.E. PUBLIC WORKS' LAND DEVELOPMENT' WATER SYSTEMS' WASTEWATER SYSTEMS' LAND SURVEYING' Zoning Review To: Quin Thompson From: Will Beeks Date: March 18, 2014 Re: RZN 14-4659 THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT �•—•� 303 Welt Center Street Feyetteellle, AR 72701 P 14191575 8365 F (479) 575-0 71 This development will be protected by Engine 6 located at 900 Hollywood. It is 1.5 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. If you have any questions please feel free to contact me. Will Beeks Fayetteville Fire Department Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 y ri f�. RZN 14-4659 Close Up View F•i 1�� N rT \i` L f: .y I — 1 II. - RSF.4 �1 PARNELL DR I 1. • 1`4I f' _ .... .. ..... �1 I I I i i 4 � f RMF -12 ■ \ f '\ f ■ ■ Legertd -"--""' Multi -Use Trail'�Exlpi ..."•••• Future Trails ; Fayettetlille City Mani RZN 14-4659 Footprints 2010 ® Hillside -Hilltop Design Overlay Design Overlay Planning Area BEECHWOOD PROPERTIES .� C1 z is FARMINGTON5T ut '{r - m ' �z � UT nwr4dyo•olt. ...i... •••••'•••••OFFICE DRj1 ••'••••'f•••••" 08 ra ¢ til o STORAGE OR O SUBJECT PROPERTY i is > WAREHOUSE DR •'ZG.A. R:M.L -�Cj Ft PRIVATE 1369 ay District RP20 g 1'MPIC PL O 3 w m PRIVATE 1149 0 150 300 600 900 1.200 Feet 1.2 PUBLIC 1250 NORTHWEST ARKANSAS DEMOCRAT'GAZETTE NORTHWEST ARKANSAS HE MORNINGNEWSRINGDALE NIMSPAPERVOcLLC NEFS THNORTH EST ARK NSASTMRS FROGERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O.Box 1607,727021479442.17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, 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 5683 Was inserted in the Regular Editions on: May 15, 2014 Publication Charges: $64.85 0&4k W_ , Cathy Wiles Subscribed and sworn to before me This /5Yitdayof NI0- 1 2014. Notary Public My Commission Expires: `��'• �`S ABY .,�Z �; N PU6��G a S '•• ExPTnES�ry:` � 2 1 o •'- 2.31.1 :. Please do noW rraffidavit. Invoice will be sent. RECEIVED MAY 2 9 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5889 CITY OF 1P nZN 14INANCE R R AP R APPROXIMATELY 9.74Sy DESCRIBED IN REZONING PETITION RZN 74-Aey9, FOR APPRO%IMA7ELY 9.74 ACRES, LOCATED AT THE WEST SIDE OF BEECHWOOO, SOUTH OF THE DOMAIN FROM ARKANSAS 1-1, HEAVY COMMERCIALILIGNr iNOUSTRIAL, TO CS, COMMUNITY SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Seohwl I:. That the City Council of the City of FayelleOV0, Arkansas hereby Ch Aha zone cies kAllon of [fie following damalbed propelly from 1.1, Haary GDayromlaVLlght Indualmo. to CS, CommUnby Servieae' as. Shown oa Exhlplln -A" and "El' attached harato and made a Part mn ol. Seelmn 2: That the City COunC11 of the City of FayatteWAe, Arkansas hereby amsnde the official xaniag mop of the City of FayahvIlle to reSaCP the zoning Cheago provided In Section 1. PASSED and APPROVED this eth day of May, 2014. APPROVED: ATTEST: Gy. ONELD Jear 'JORDAN, M� Y 90NDRA E, SMITH, Ciiy ClerkRlWsvrer Exhibits for this or6namt may be viewad In the blficO of the City ClarWTr urer-