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HomeMy WebLinkAboutORDINANCE 5857Ooc ID: 017054130003 Type: REL Retarded?ID9%09%016 at 09:16:31 Aid Fee Amt: $25.00 2pe 1 of 3 washlr!Pton County, AR Kyle SYlester Clrcult Clerk F11e2016-00026305 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5857 File Number: 2016-0086 RZN 16-5299 (4170 W. MLK BLVD./CALYPSO PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5299 FOR APPROXIMATELY 3.4 ACRES LOCATED AT 4170 WEST MARTIN LUTHER KING BOULEVARD FROM R-O, RESIDENTIAL OFFICE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office to UT, Urban Thoroughfare. 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 chance provided in Section 1. PASSED and APPROVED on 3/1/2016 Page 1 312116 IIfIII,, —�: AYETTEVILLE; : _ Attest: Y. Sondra E. Smith, City Clerk Treasurer Printed on 16-5299 EXHIBIT W 16-5299 EXHIBIT 'B' PT W/2 NW SE 3.31AC FURTHER DESCRIBED FROM 2015-28511 AS: A Part of the West half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 16 North, Range 31 West of the 5th Principal Meridian, more particularly described as follows: Commencing at the Northwest comer of said 20 acre tract; thence East along the North line of said 20 acre tract 663.00 feet, thence South 00 degrees 06 minutes 10 seconds East along the East line of said 20 acre tract 223.87 feet to the point of beginning; thence South 83 degrees 05 minutes 24 seconds West 328.54 feet; thence South 00 degrees 06 minutes 10 seconds East 476.19 feet to the Northerly right of way of U.S. Highway 62; thence North 73 degrees 32 minutes 00 seconds East along said right of way 340 feet to the East line of said 20 acre tract; thence North 00 degrees 06 minutes 10 seconds West 419.34 feet to the point of beginning, containing 3.35 acres, more or less. Washington County, AR I certify this instrument was filed on 09/09/2016 09:16:31 AM and recorded in Real Estate File Number 00026305 Kyle Sylvest r- Ci c Jerk by City of Fayetteville, Arkansas Text File --- File Number: 2016-0086 Agenda Date: 3/1/2016 Version: 1 In Control: City Council Meeting Agenda Number: C. 4 RZN 16-5299 (4170 W. MLK BLVD./CALYPSO PROPERTIES): 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5299 FOR APPROXIMATELY 3.4 ACRES LOCATED AT 4170 WEST MARTIN LUTHER KING BOULEVARD FROM R-O, RESIDENTIAL OFFICE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office to UT, Urban Thoroughfare. 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. City of Fayetteville, Arkansas Page 1 Printed on 31212016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0086 Legistar File ID 3/1/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/12/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5299: Rezone (4170 W. MLK BLVD./CALYPSO PROPERTIES, 595): Submitted by BEN ISRAEL for property at 4170 W. MILK BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Fund Project Title Current Budget $ Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF T *4 ay 1T CITY COUNCIL AGENDA MEMO ARKANSle AS MEETING OF MARCH 1, 2016 TO: Mayor, Fayetteville City Council FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: February 12, 2016 SUBJECT: RZN 16-5299: Rezone (4170 W. MILK BLVD./CALYPSO PROPERTIES, 595): Submitted by BEN ISRAEL for property at 4170 W. MLK BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the property to UT, Urban Thoroughfare as shown in the attached Exhibits 'A' and 'B'. The applicant originally requested C-1, but changed the request at the start of the Planning Commission meeting. Staff's Land Use Compatibility and Land Use Plan Analysis below reflects the updated request for UT, Urban Thoroughfare. BACKGROUND: The subject property is a 3.4 acre parcel located at 4170 and 4148 Martin Luther King Boulevard. The parcel is currently zoned R-O. The property is developed with an office complex of approximately 23,700 square feet built in 2006. The parcel is within the Enduring Green Network (EGN) and is affected by floodway and floodplain at the rear of the property. In 1994, the owner of the property requested the property be rezoned C-2, Thoroughfare Commercial and requested approval for a conditional use to allow the development of a commercial shopping center and warehouse/mini-storage. The Planning Commission denied the request. In December 2004, the owner of the property requested to rezone the property from R-A to C-1 in anticipation of developing the property for retail use. Staff recommended denial of the proposal suggesting instead a zoning of R-O. The Planning Commission recommended and the City Council made the policy decision to rezone the property to R-O. Subsequently, the property owner received approval for development of the property. In August of 2006, the owner of the property requested to rezone (RZN 06-2180) the property from R-O to C-1, subject to a Bill of Assurance. The Planning Commission voted unanimously to deny the request with a vote of 9-0-0. Mailing Address: 113 W. Mountain Street www.fayetteville-argon Fayetteville, AR 72701 The primary reasoning for denial of all of these previous requests has been City Council and Planning Commission concern with allowing commercial strip development patterns along State Highway 62. This policy has continued to be reflected in the adopted land use goals and policies of the City in recent years. Land Use Compatibility: The proposed zoning is consistent with the form -based development to the west and with zonings to the north and east. The subject property is developed with a newer office complex, constructed in 2006. The immediately surrounding properties are undeveloped, however property to the north and east is zoned UT, Urban thoroughfare, a form -based zoning that allows a variety of commercial and residential uses in a traditional development pattern. Property on the same side of the road to the west has been recently developed with a beauty school and drive -through doughnut shop within the CS, Community Services zoning district for heavy commercial use. A rezoning to UT would require the subject property to be redeveloped in a pattern and intensity consistent with its location at the future intersection of Rupple Road and Martin Luther King Boulevard, where a future commercial or mixed -use node is desirable. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM). The enumerated goals of City Plan 2030 include making the traditional town form the standard. The UT zoning district encourages patterns of development that result in realizing this goal when the property is redeveloped in the future, consistent with the goals of City Plan 2030. DISCUSSION: At the January 11, 2016 Planning Commission meeting, the applicant amended the request, seeking the UT zoning district rather than C-1 as shown in the attached Planning Commission staff report. The Planning Commission forwarded the request to City Council with a recommendation for approval by a vote of 9-0-0- BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report 16-5299 EXHIBIT 'A' 16-5299 EXHIBIT 'B' PT W/2 NW SE 3.31 AC FURTHER DESCRIBED FROM 2015-28511 AS: A Part of the West half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 16 North, Range 31 West of the 5th Principal Meridian; more particularly described as follows: Commencing at the Northwest comer of said 20 acre tract; thence East along the North line of said 20 acre tract 663.00 feet, thence South 00 degrees 06 minutes 10 seconds East along the East line of said 20 acre tract 223.87 feet to the point of beginning; thence South 83 degrees 05 minutes 24 seconds West 328.54 feet; thence South 00 degrees 06 minutes 10 seconds East 476.19 feet to the Northerly right of way of U.S. Highway 62; thence North 73 degrees 32 minutes 00 seconds East along said right of way 340 feet to the East line of said 20 acre tract; thence North 00 degrees 06 minutes 10 seconds West 419.34 feet to the point of beginning, containing 3.35 acres, more or less. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY Date Application Submitted. - Date Accepted as Complete: Case /Appeal Number: Public Hearing Date: FL'E• $325.00 Sign Fee: $5.00 ,S-T-R: PP#: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not beplaced on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request Applicant (person making request): Name: Address: Applicant Representative Representative (engineer, surveyor, realtor, etc.): Name: r—,e AddressG! c" _�'C/ •�J1� �r .' i -mail: J i� ' C Phone: Phone: ( ) f7 Y)-5-�O - 26-:f A 7 Fax: Fax: _ ff 7 ) .7 A�v E' Site Address / Location: 4 � � o W • MLY— D(ND Current Zoning District: 1" 0 Jtequested Zoning District: C — Assessor's Parcel Number(s) for subject property: % — /1- 4 — c2o a FL-YANCIAL INTERESTS The following entities d / or people have financial interest in this project: March 2014 Page 1 APPLICANT/REPRESENTATIVE: 1 certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief. true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If,rigned by the authorized agent, a letter from each property owner must be provided indicating that the agent is arrdrorized to act on ltisJher behalf,') Property Owners of Record (attach additional info if necessary): Atame (p rinted): C-S 14C Address: /. !y Uf I�ldll i j) Z4(1 Si ttAturc: I. c lP" t r i 7 5'c�.li—e f Date; — Phone: Name (printed): �' !i r �1 Address: Signature: Phone: Date: ( 1 Rezoning Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee 42) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be plated or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washin on.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF • Tay 0V le PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: UPDATED FEBRUARY 10, 2016 SUBJECT: RZN 16-5299: Rezone (4170 W. MLK BLVD.ICALYPSO PROPERTIES, 595): Submitted by BEN ISRAEL for property at 4170 W. MLK BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to rezone the properties to C-1, NEIGHBORHOOD COMMERCIAL. RECOMMENDATION: Staff recommends denial of RZN 16-5299 based on the findings herein. BACKGROUND: The subject property is a 3.4 acre parcel located at 4170 and 4148 Martin Luther King Boulevard. The parcel is currently zoned R-O. The property is developed with an office complex of approximately 23,700 square feet built in 2006. The parcel is within the Enduring Green Network (EGN) and is affected by floodway and floodplain at the rear of the property. In 1994, the owner of the property requested the property be rezoned C-2, Thoroughfare Commercial and requested approval for a conditional use to allow the development of a commercial shopping center and warehouse/mini-storage. The Planning Commission denied the request. In December 2004, the owner of the property requested to rezone the property from R-A to C-1 in anticipation of developing the property for retail use. Staff recommended denial of the proposal suggesting instead a zoning of R-O. The Planning Commission recommended and the City Council made the policy decision to rezone the property to R-O. Subsequently, the property owner received approval for development of the property. In August of 2006, the owner of the property requested to rezone (RZN 06-2180) the property from R-O to C-1, subject to a Bill of Assurance. The Planning Commission voted unanimously to deny the request with a vote of 9-0-0. The primary reasoning for denial of all of these previous requests has been City Council and Planning Commission concern with allowing commercial strip development patterns along State Highway 62. This policy has continued to be reflected in the adopted land use goals and policies of the City in recent years. Surrounding land use and zoning is depicted on Table 1. Mailing Address: Planning Commission 113 W. Mountain Stivel vvwVF� 'o �'rIko-'Rgov Fayetteville, AR 72701 Ag�ndaTtem 6 16-5299 Calypso Propert Table 1 Surrounding Land Use and Zoning Direction from Land Use Zoning Site North Residential UT, Urban Thoroughfare South Residential/Commerciaj R-O, Residential Office/ R-A, warehousing & retail Residential Agricultural East Multi -family Residential/ Seven UT, Urban Thoroughfare Hills West Residential/Commercial R-A, Residential Agricultural Request: The request is to rezone the parcel (approximately 3.4 acres) of the property from R-0 to C-1, Neighborhood Commercial, in order more easily lease the commercial units to a variety of businesses currently allowed only by Conditional Use Permit in the R-O zone. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcel has access to Martin Luther King Jr. Boulevard, a fully improved principal arterial. The site frontage has been improved with sidewalk during previous development. Any further street improvements would be determined at time of development. Water: Public water is available to the site. An 8" water main runs through the subject parcel in a utility easement. Sewer: Public sewer is available to the site. An 8" sewer main runs through the subject parcel in a utility easement. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. The northern portion of this parcel lies within the FEMA designated 100-yr floodplain. Goose Creek adjoins the property to the north and is a protected stream. No portion of this parcel lies within the HHOD, Fire: The Fire Department did not express any concerns with the request. 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 the properties within the proposed rezone 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 designation supports the widest spectrum of uses and encourages density in all housing types. 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. Planning Commission WETCOevelopment Services Review12016\Development Review116-5299 RZN 4170 W. MLK February 8, 2016 Blvd. (Calypso Properties) 595103 Planning Comm ission102-08-20161Commen Is and Redlines Agenda Item 6 16-5299 Calypso Propert Finding: Land Use Compatibility: The proposed zoning is not consistent with the form -based development to the west, where the structures have been placed closer to the street and parking to the side and rear. The property is developed with a newer office complex, constructed in 2006. The immediately surrounding properties are undeveloped, however property to the north and east is zoned UT, Urban thoroughfare, a form -based zoning that allows a variety of commercial and residential uses in a traditional development pattern. Property on the same side of the road to the west has been recently developed with a beauty school and drive -through doughnut shop within the CS, Community Services zoning district for heavy commercial use. A rezoning to C-1 would allow the subject property to be redeveloped in a strip commercial pattern, inconsistent with existing and planned development patterns in this area. Land Use Plan Analysis: The proposed zoning is not compatible with the Future Land Use Map (FLUM). The enumerated goals of City Plan 2030 include making the traditional town form the standard. The C-1 zoning district does not encourage patterns of development that result in realizing this goal, rather, this proposal would encourage strip highway commercial development when the property is redeveloped in the future, in direct opposition to the goals of City Plan 2030. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change in order more easily lease units within the existing retail center. However, a conditional use permit is still an appropriate process for commercial use on this property rather than the proposed C-1 zoning, given the City Council and Planning Commission's previous concerns to prevent strip commercial development on this property. Additionally, a zoning such as CS, Community Services would allow the property to be leased for commercial use and would be more consistent with previous policy decisions and recent development along this corridor for form -based commercial development patterns. 3 A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Martin Luther King Boulevard (AR HWY fit W) a fully improved `Principal Arterial' street. The C-1 zoning would allow retail and restaurant use by right which would likely increase traffic compared to the existing, primarily office, use. However, the surrounding street system has adequate capacity to handle increased traffic. 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 R-O to C-1 would not alter population density or undesirably increase load on public services. Planning Commission G:IETCOevelopment Services Reviewk2016\DevelopmenL Review116-5299 RZN 4170 W. MLK February 8, 2016 Blvd. (Calypso Properties) 595M Planning Commission102-08-20161Comments and Redlines Agenda Item 6 16-5299 Calypso Propert 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 denial of RZN 16-5299 based on the findings discussed throughout this report. PLANNING COMMISSION ACTION:. Date: February 8, 2016 iMotion: CHESSER IISecond: HOFFMAN JIVote: 9-0_0 �JCITY COUNCIL ACTION: 0 Tabled Required YES Required R Forwarded O Denied YES Date: March 1, 2016 0 Approved 0 Denied BUDGET/STAFF IMPACT: None Attachments: ■ Unified Development Code sections 161.18 & 161.17 ■ Request letter ■ One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map Planning Commission GAETCOevelopment Services Review12016Tevelopment Review\16-5299 RZN 4170 W. MLK February 8, 2016 Blvd. (Calypso Properties) 595103 Planning Commission102-08-2016tComments and Redlines Agenda Item 6 16-5299 Calypso Propert 161.18 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit 15 Nelahborhood shopping _ Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 25 Offices- studios. and related services Unit 44 Cottage Housing Development Unit 45 Small scale production (2) Conditional uses. Unit 2 City-wide uses by conditional use ermit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Sho in pods Unit 34 Liquor stores Unit 35 Outdoor music establishments" Unit 36 Wireless communications facilities' Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft. Side None Side, when contiguous to a residential district 10 ft, Rear 20 ft. (F) Building sleight regulations. lil Building Height Maximum 56 ft.' "Any building which exceeds the height of 20 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1965, App, A., Art- 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035: Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6- 19-07; Ord, 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord, 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-14; Ord. 5735, 1-20-15) Planning Commission February 8, 2016 Agenda Item 6 16-5299 Calypso Propert 161.17 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses- (B) Uses. (1) Permitted uses, Unit 1 Cit -wide uses by right Unit 5 Government facilities Unit 8 Sin le-familv dwellings Unit 9 Two-family dwellings Unit 12 Limited business Unit 25 Offices. studios, and related services Unit 44 Cottage Housing Development (2) Conditional uses_ Unit 2 City-wide uses by conditional use ermit Unit 3 Public 2rotection and utili!z facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home ark' Unit 13 Eating places Unit 15 Neighborhood shappin2 000ds Unit 24 Home occupations Unit 26 Multi-familX dwellings Unit 36 Wireless communications facilities' Unit 42 Clean technologies Unit 45 Small scale production (C) Density 11 Units per acre 1 24 or less (D) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family60 ft. Two-family 60 ft, Three or more 1 90 ft, (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 sq. ft. home park Townhouses: Oevelq ment 10,000 sq. ft. Individual lot 2,500 sq. ft. Single-familv 6,000 so. ft. Two-family 6.500 so. ft. Three or more 8.000 sq. ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 so. ft. Townhouses & apartments: No bedroom 1,000 sq ft. One bedroom 1,000 sq. ft Two or more bedrooms 1,200 sq, ft. Fraternity or Sorority 500 sq. ft. per resident (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right-of-way and the building 50 ft, Front, in the Hillside Overlav District 15 ft. Side 10 ft. Side, when contiguous to a residential district 15 ft. Side, in the Hillside Overlay District 8 ft Rear, without easement or alleX 25 ft. Rear, from center line of public alley 10 ft. Rear, in the Hillside Overlay District 15 ft. (F) Building height regulations Buildin Wei •ht Maximum 1 60 ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code No. 1965, App. A., Art 5(x); Ord No. 2414, 2-7-78: Ord. No. 2603, 2-19-80; Ord No_ 2621, 4-1-80; Ord. No. 1741, 6-29-70; Code 1991, §160.041; Ord- No. 4100. §2 (Ex. A), 6-16-98; Ord, No 4178, 8-31-99; Ord. 4726, 7-19-05; Ord 4943, 11-07-06, Ord 5079, 11-20-01; Ord 5195, 11-6- 08; Ord, 5224, 3-3-09; Ord. 5312, 4-20-10; Ord 5462, 12-6- 11; Ord 5735 1-20-15) Planning Commission February 8, 2016 Agenda Item 6 16-5299 Calypso Propert APPLICANT'S REQUEST LETTER Rezoning Request Written Information about the Property a. Property is currently owned by Calypso Crossing, LLC and there are no plans to sell any part of the parcel to be re -zoned, b. The reason for a rezoning request is to be able to present the property to prospective tenants without having to wait on the City of Fayetteville to approve under the "conditional use" permit. a. The property is complete and is available for office and retail as well as small restaurants and other business types. It is not likely that any business that would be allowed under this new zoning would be offensive to neighbors. c. The requested zoning will have no effect on traffic, appearance or signing for the neighborhood since it is already constructed and is not objectionable. d. Water and sewer are available to the extent necessary for the businesses in the building and any retail or office that would be considered. a. 8" Waterline b. 8" Sewer Line c. 12" Sewer main on the property e. There is C-1 property in the area as well as this property being bounded on two sides by Urban Thoroughfare (UT) Zoning. This would be a consistent use with this already developed and built out property. f. Re -zoning is justified in that the owner does not desire to tear down practically new buildings or change them in such a way as to be damaging to any neighboring business or office space. g. The changed zoning should have no bearing on traffic congestion or increased traffic other than that created by full rather than empty buildings. h. Re -zoning will not alter the population density of the neighborhood and there will be no additional increase in the load on schools, water and sewer facilities. The project was designed to take care of needs of office space and small retail shops. It is impractical for each tenant wishing to establish a business in this location to delay that decision until a "conditional use permit" can be obtained from the City. The project already being completed leaves no room for any objectionable business to occupy these premises. Planning Commission February 8, 2016 Agenda Item 6 16-5299 Calypso Properl RZN 16-5299 CALYPSO PROPERTIES Current Land Use LeFf rA;i 1. { �J,. y ALSERTAST t.;; Single Family ' f • `� �. *iit k SUBJECT PROPERTYVIA , L 0-4 r IJk. -o- 1A'_. y Retail Ptir 44 141) � E r „ I k . ��� • J• �P , v,y `� a} F :7-ram � �' IH Undeveloped j',L a Sirtlle Family i �► Ozark Mtn. Smokehouse r .M c"I'Vrji_1 AcAH11y O �' 1 I,_i I �y a, RZN 1 G-5299 Payetteville City Limits Footprints 2010 i_. Design Overlay Di trict (i 125 250 W0 150 S.0041 ------ Planning Area reek February 8, 2016 Agenda Item 6 16-5299 Calypso Propert 16-5299 Calypso Propert 16-5299 Calypso Properl RZN 16-5299 CALYPSO PROPERTIES One Mile View R WOOLSEY _FARM RD RPZD PHEASANT COLFq i I �_O }ttil •: d •t t] R OR LARKAC6ERTA I �'ECAN Sr �< D F�4Alf' o P W y ftSE 8 Sfi ` O'. ., ata SUBJECT E T PROPERTY i OV CALVARY OR { , 7 ©+� WILSf7M S7 � � y r C . 1Sl*'•ZJ 1VAT ROB ST C,Pl1) SAxO Y ST cy y. � w O t r w ga `."r''ilN y w 0 1[WIATS!'% { C� ALA y 0� Np, z CL tT Ft�'11 R V X t r�-t 0 NIMN ST DI.D FARMINGTON RD R ASH STD M AL Si'-- t�i � •S'f� � ��v 4, I -- EDAR(0 m .GLEN Lu�� ST 1 r-. (]� to n O r� ST TERRY TERRY ST�ST ��d�{ legend RF• E . � u f Shar -Use Paved Trail WOLFDALE RD I ,` ... eighborh�7oi'ark Trail x + (Zz •pvatural S I Tr t Overview ` Hillside Overlay District •���,•• ' iDesign -Hilltop Overlay District M ,•'-I ' Planni IS g Area "*" Fayett ville ,,, ." 0 0.25 0.5 1 le S Planning Commiss n Agenda Item 6 16-5299 Calypso Properl NORTHWEST ARKANSAS Democrat V(�a�ett�e T F .1 E:.< +, :il, FHY�TTE..i l:1 F, k �, t;:' = 4': 441.2-P00 FA:a: i9-695 lts �`tiV� vV (vWADG7 COM, AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5857 Was inserted in the Regular Edition on: March 10, 2016 Publication Charges $ 66.30 ow, 0"P', Cathy Wiles Subscribed and sworn to before me This 1g day of AcicL, 2016. Awb�� DaAA-4 Notary Publi My Commission Expires: 7 (2�zS� ASHLEY DAVIS LNotary s - Washington County blic - Comm# 12694247 ssion Expires Jul 2, 2025 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5857 File Number: 2016-0086 RZN 16-5299 (4170 W. MLK BLVD./CALYPSO PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5299 FOR APPROXIMATELY 3.4 ACRES LOCATED AT 4170 WEST MARTIN LUTHER KING BOULEVARD FROM R- O, RESIDENTIAL OFFICE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office to UT, Urban Thoroughfare. 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 on 3/1/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73607006 March 10, 2016