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Home My WebLink AboutORDINANCE 5926113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5926 File Number: 2016-0488 UARK CREDIT UNION REZONING APPEAL: i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii Doc ID: 017240520004 Type: REL Kind: ORDINANCE Recorded: 01/11/2017 at 08:54:37 AM Fee Amt: $30.00 Page i of 4 Washintoton County, AR Kyle Sylvester Circuit Clerk File201 / —000009 1 1 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5589 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 714 WEST MARTIN LUTHER KING BOULEVARD AND 511 HILL AVENUE FROM RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO C-1, NEIGHBORHOOD COMMERCIAL. 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 RMF -40, Residential Multi Family, 40 Units Per Acre to C-1, Neighborhood Commercial. 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 12/6/2016 Approved: t Liode ld Jord ayor %011111111111. FAYETTEVILLE' �= Attest: TC) 114 Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 12/7116 RZN 16-5589 Close Up View BULLDOG BLVD P-1 RPZJD Lu z z x U m 16-5589 EXHIBIT 'A' UARK CREDIT UNION NORTH R -O F-4 RSV47 Legend Building Footprint Shared Use Paved Trail - Planning Area L _ Fayetteville City Limits Hillside -Hilltop Overlay District Trail (Proposed) Feet 0 112.5 225 450 675 900 1 inch = 300 feet RSF-4 RSF-7 RMF -24 - RMF -40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 Ir C-2 Main Street Center Downtown General go Community Services Commercial, Industrial, Residential T P-1 �r I-1 Feet 0 112.5 225 450 675 900 1 inch = 300 feet RSF-4 RSF-7 RMF -24 - RMF -40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 Ir C-2 Main Street Center Downtown General go Community Services Commercial, Industrial, Residential T P-1 16-5588 EXHIBIT 'B' Legal Description (Parcel No. 765 -12988 -001) - Part of the SEI/4, SW1/4 of Section 16, T16N, R30W in Washington County, Arkansas and being described as follows; Commencing at the SW Corner of said SE1/4, SW1/4 thence North 376.56 feet, thence East 177.99 feet, thence NO2041'27"E 69.80 feet, thence along a curve to the left 92.07 feet, said curve having a radius of 1326.80 feet and chord bearing N6621'S3"E 92.05 feet, thence S02028'52"E 8.22 feet to the Point of Beginning; thence N61°45'07"E 52.97 feet, thence N60009'30"E 21.09 feet, thence N59000'01"E 30.74 feet, thence S02°28'52"W 121.67 feet, thence N86°54'19"W 89.19 feet, thence NO2038'39"E 65.42 feet to the Point of Beginning, Containing 0.19 Acres, more or less. Legal Description (Parcel No. 765-12987-000): Part of the SEI/4, SWI/4 of Section 16, T16N, R30W in Washington County, Arkansas and being described as follows; Commencing at the SW Corner of said SEI/4, SW1/4 thence North 376.56 feet, thence East 177.99 feet to the Point of Beginning; thence NO2°41'27"E 69.80 feet, thence along a curve to the left 92.07 feet, said curve having a radius of 1326.80 and a chord bearing N66°21'53E 92.05 feet, thence South 02°41'27"W 117.85 feet, thence N87°07'59"W 22.81 feet, thence N78044'30"W 50.66 feet, thence N89038'28"W 9.60 feet to the Point of Beginning; Containing 0.18 Acres, more or less. Legal Descriation (Parcel No. 765-12987-000): Part of the SE1/4, SW1/4 of Section 16, T16N, R30W in Washington County, Arkansas and being described as follows; Commencing at the SW Corner of said SEI/4, SW1/4 thence North 376.56 feet, thence East 177.99 feet to the Point of Beginning; thence NO2°41'27"E 69.80 feet, thence along a curve to the left 92.07 feet, said curve having a radius of 1326.80 and a chord bearing N66°21'53E 92.05 feet, thence South 02041'27"W 117.85 feet, thence N87°07'59"W 22.81 feet, thence N78044'30"W 50.66 feet, thence N89°38'28"W 9.60 feet to the Point of Beginning; Containing 0.18 Acres, more or less. Washington county, AR I certify this instrument was filed on 01111/2017 08:54:37 AM and recorded in Real Estate File Number 2017-0 Kyle Sylvester -Cir u�t cl M City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File -- - File Number: 2016-0488 Agenda Date: 12/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 3 UARK CREDIT UNION REZONING APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5589 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 714 WEST MARTIN LUTHER KING BOULEVARD AND 511 HILL AVENUE FROM RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO C-1, NEIGHBORHOOD COMMERCIAL (LEFT ON THE SECOND READING) 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 RMF -40, Residential Multi Family, 40 Units Per Acre to C-1, Neighborhood Commercial. 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 12/7/2016 JORGENSEN r +ASSOCIATES Civil Engineering • Surveying Landscape Architecture Services October 11, 2016 Sondra Smith City Clerk City of Fayetteville 113 W Mountain Street, Room 308 Fayetteville, AR 72701 Re: UARK Credit Union Rezoning 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442 9127 Fax: 479.582.4807 www jorgensenassoc com RECEIVED OCT 11 2016 C 7Y CLERKS O F/ICE Please accept this appeal of the decision of the Planning Commission on October 10"', 2016, to deny the rezoning request for RZN 16-5589. This appeal is made pursuant to Section 155.05 of the Uniform Development Code. We feel that the decision of the Planning Commission was in error, and that the applicant has presented a reasonable zoning request that is in conformity with the Future Land Use Map as published by the City of Fayetteville and with the applicable zoning criteria of Chapter 161 the Uniform Development Code. Thanks for your time. Jorgensen + Associates Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0488 Legistar File ID 11/1/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/13/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5589: Rezone (714 W. MLK BLVD. & 511 HILL AVENUE/UARK CREDIT UNION, 522): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at 714 W. MLK BLVD. and 511 HILL AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, AND RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.37 acres. The request is to rezone the property to C-1, NEIGHBORHOOD COMMERCIAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF r Fay CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF NOVEMBER 1, 2016 TO: Mayor; Fayetteville City Council FROM: Andrew Garner, City Planning Director DATE: October 13, 2016 SUBJECT: RZN 16-5589: Rezone (714 W. MILK BLVD. & 511 HILL AVENUE/UARK CREDIT UNION, 522): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at 714 W. MLK BLVD. and 511 HILL AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, AND RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.37 acres. The request is to rezone the property to C-1, NEIGHBORHOOD COMMERCIAL. RECOMMENDATION: The applicant has appealed the Planning Commission's denial of the requested C-1, Neighborhood Commerical Zoning to City Council. The City Planning staff recommend approval of an ordinance to rezone the property to C-1 as requested by the applicant and as shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is two separate parcels located northwest of the intersection of Martin Luther King Boulevard and Hill Avenue. The parcels are not contiguous and are on either side of two undeveloped parcels that are zoned C-1, Neighborhood Commercial. The property is bounded by the Arkansas Missouri Railroad corridor to the north. The western parcel at 714 W. Martin Luther King Boulevard is an odd -shaped property containing 0.18 -acre that is zoned RMF -24 and is developed with a duplex. The eastern parcel at 511 Hill Avenue is zoned RMF -24 and contains a non-residential building that was used for many years as the shop for the Woodwork Company, a small craft woodshop. Request: The request is to rezone the property from RMF -24 and RMF -40 to C-1. The applicant has indicated that the rezoning is needed for commercial development. Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of commercial and railway uses. The property is bounded by the Arkansas Missouri Railroad corridor to the north and northwest, and commercial and office uses to the south and east along a principal arterial/state highway. The Kum and Go gas station and the Walmart Neighborhood Market were recently constructed on properties zoned C-1 and C-2, respectively, in a standard suburban commercial pattern. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) in terms of land use, which designates this property as City Neighborhood Area. This is a busy, signalized intersection and commercial land use permitted in the C-1 zoning is Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 appropriate. However it is not consistent with the goals of the Land Use Plan in terms of development pattern. The C-1 zoning requires a suburban development pattern that is discouraged in Goal 2 of City Plan 2030. However, the rezoning would be compatible with the C- 1 zoning for the 2.5 -acre Kum and Go gas station site that was rezoned to C-1 in 2011 and the Walmart Neighborhood Market site adjacent to the east that was rezoned to C-2 in 2014. Given these recently approved and developed suburban patterns and given that the proposed C-1 zoning would simply `square off' the larger undeveloped existing C-1 property on the corner into a more feasible development site, staff recommends that the proposal is appropriate. DISCUSSION: On September 26, 2016 the Planning Commission discussed and tabled the rezoning request as they requested the applicant discuss with the developer potential to rezone the property to a form - based zoning district. On October 10, 2016 the applicant indicated to the Commission the owner/developer's continued desire for C-1 zoning. A member of the public spoke against the C- 1 request citing a preference for a form -based zoning. Commissioners that voted against the C-1 request generally discussed a desire for a form -based zoning district that would be more in line with adopted City policy for traditional development patterns. A motion to forward the request to City Council failed by a vote of 3-4-1 (Commissioners Hoffman, Quinlan, Selby and Brown voted `no', Commissioner Cook recused). BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report RZN 16-5589 Close Up View BULLDOG EILVD W R1'/U 16-5589 EXH I BIT W DARK CREDIT UNION NORTH Fa � � M. Legend Building Footprint Shared Use Paved Trail — r Planning Area r — — r Fayetteville City Limits Hillside -Hilltop Overlay District Trail (Proposed) RSF-7 PRAIRIE ST 4r Ir W -� > 0 t1;i — RSF-4 RSF-7 RMF -24 RMF -40 1-1 Heavy Commercial and Light Industrial Residential -Office. Feet C-1 C-2 0 112.5 225 450 675 900 Main Street Center Downtown General 1 inch — 300 feet ,`_t Community Services Commercial, Industrial, Residential P-1 16-5588 EXHIBIT 'B' Legal Description {Parcel No. 765-12988-001): Part of the SEI/4, SW1/4 of Section 16, T16N, R30W in Washington County, Arkansas and being described as follows; Commencing at the SW Corner of said SE1/4, SW1/4 thence North 376.56 feet, thence East 177.99 feet, thence NO2041'27"E 69.80 feet, thence along a curve to the left 92.07 feet, said curve having a radius of 1326.80 feet and chord bearing N6621'S3"E 92.05 feet, thence S02028'52"E 8.22 feet to the Point of Beginning; thence N61045'07"E 52.97 feet, thence N60°09'30"E 21.09 feet, thence N59°00'01"E 30.74 feet, thence S02028'52"W 121.67 feet, thence N86°54'19"W 89.19 feet, thence NO2°38'39"E 65.42 feet to the Point of Beginning, Containing 0.19 Acres, more or less. Legal Description Parcel Nn. 765-12987-000): Part of the SE1/4, SW1/4 of Section 16, T16N, R30W in Washington County, Arkansas and being described as follows; Commencing at the 5W Corner of said SEI/4, SW1/4 thence North 376.56 feet, thence East 177.99 feet to the Point of Beginning; thence NO2°41'27"E 69.80 feet, thence .along a curve to the left 92.07 feet, said curve having a radius of 1326.80 and a chord bearing N66"21'53E 92.05 feet, thence South 02°41'27"W 117.85 feet, thence N87°07'59"W 22.81 feet, thence N78044'30"W 50.66 feet, thence N89038'28"W 9.60 feet to the Point of Beginning; Containing 0.18 Acres, more or less. Legal Descriotion (Parcel No. 765-1.2987-000): Part of the SE1/4, SW1/4 of Section 16, T16N, R30W in Washington County, Arkansas and being described as follows; Commencing at the SW Corner of said SE1/4, SW1/4 thence North 376.56 feet, thence East 177.99 feet to the Point of Beginning; thence NO2041'27"E 69.80 feet, thence along a curve to the left 92.07 feet, said curve having a radius of 1326.80 and a chord bearing N66°21'53E 92.05 feet, thence South 02°41'27"W 117.85 feet, thence N87°07'59"W 22.81 feet, thence N78°44'30"W 50.66 feet, thence N89°38'28"W 9.60 feet to the Point of Beginning; Containing 0.18 Acres, more or less. Poli STAFF USL•- ONLY FEE- $325.00 f DoIc Application Submitted: 'Sign : S5.0 DateAccepted as Complete: 9 -T -R: (.Vase l Appeal Number: P.P." : Public Hearing Date: Lone: Please till out this form completely, supplying all necessary information and documentation to support your request. Your- application will not lie placed on the Planning Cormmission agenda until this information is furnished. Application: Int icaie one contact person for this request: Applicant (person making request): Name: �1 �- Ex � Address. 5-6 l a X a s t- -- -israii: ,�L11_u _ .lr o, 'yt Phone: Sal— J/.gyp Site Address / Location: Applicant Repmsentativr. Representative (ctighreer, surveyor, realtor. etc.): Name: ! s &_&del Irl � �+: - .�•,C Phone: 17 c � Fax: ( 1 Current Zoning District: 7 �:, S 4 Requested Zoning District: s �( ef Assessor's ilarcel Nrrmi3€;r(s) for subjecl properly: ., f'l1'+ANCIAL IN TERES The following enti les and i or people have financial interest m this project: A,farch 70I4 Page t APPLICANT I REPR,,SENTeI TIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, infonnation, and evidence herewith submitted are in all respects, to the hest 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 1 am applying for, or might set conditions on approval. Name 4::� 1 nor -T— Date: Z PROPERTY OWNER(S) /AU H(.#.(tIr,ED AGENT. I/we certify under penalty ofpe3 jury that I atnt-we are the owner(s) of the property that is the subject of this application and that 1/we have read this application and consent to its filing. (I filing. by the outhorizead agent, Ea letterfrom eravle properip owner must be provided indicaaldrag- that the agent is authorized to tact on his/her behaff.) Property Owners o f'Record (ottach additional info if necessaq): Name (Ininted): Signature: Date: Address: 1 O 9, I.L S I\ 1�> rg, -+-�, e v l r A f- Ishone: Name (printed): Address: Sigmature: Phone. Date: 1 1 Rezonk,sg Checklist: ,attach the fiollyuh,,ig items to this application. (l) Payment in Full of applicable fees for processing the application: $3-15.00 appi]'CatiOD flee $5.00 public_ notification sign fee {7) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately bo flatted or ii' it is described by r•dferring to other deeds. (3) CD containing a copy of the legal description in MS Word and all require submittal items should be also included on the CD in PDF format. (4) A copy of the c;ounly parcel map from the Washington County Assessor's office or trona the Washington County website (�:� �.__�<:.;.�::_':- -: _ �� . ). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official tmailin- address, and the parcel number for every adjacent property shall be Shown on this tmap, ii -lurch 2014 Page 2 CITY OF 7ay%Z • i e PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: October 10, 2016 [Updated with Planning Commission results SUBJECT: RZN 16-5689: Rezone (714 W. MLK BLVD. & 511 HILL AVENUEIUARK CREDIT UNION, 522): Submitted by JORGENSEN & ASSOCIATES, INC. for properties at 714 W. MLK BLVD. and 511 HILL AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, AND RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.37 acres. The request is to rezone the property to C-1, NEIGHBORHOOD COMMERCIAL. RECOMMENDATION: Staff recommends RZN 16-5589 be forwarded to the City Council with a recommendation for approval. BACKGROUND: se terrlbiss' n: This item was discussed arm tr bled at tfae Se tember 26 2016 PlannitIg Commission meeting. At the time ofpublication of this re otf no addilio►�al ir7farmation has laeer+ srrbrrri[ted� h�a� cthe ant. The subject property is two separate parcels located northwest of the intersection of Martin Luther King Boulevard and Hill Avenue. The parcels are not contiguous and are on either side of two undeveloped parcels that are ,zoned C-1, Neighborhood Commercial. The property is bounded by the Arkansas Missouri Railroad corridor to the north. The western parcel at 714 W. Martin Luther King Boulevard is an odd -shaped property containing 0.18 -acre that is zoned RMF -24 and is developed with a duplex. The eastern parcel at 511 Hill Avenue is zoned RMF -24 and contains a non-residential building that was used for many years as the shop for the Woodwork Company, a small craft woodshop, Surrounding land use and zoning is depicted on Table °l. Table 1 Surrounding Land Use and Zoning — Direction from Site Land Use Zoniny_ --- _ North Arkansas Missouri Railroad-, Single and multi -family WlM -40, Residential Multi -family residential 40 units per. acre South Kure and Go gas station C-1, Neighborhood Commercial Fast insurance office; lNalmart C Z Tlrarouf2re commercial West AHTD right-of-way: railroad RMF 14, Residential Multi -family --. 24 units par acre Request: The request is to rezone the property from RMF -24 and RMF -40 to C-1. The applicant has indicated that the rezoning is needed for commercial development. Planning Commission Madincg Address: l l , W. Mountain Street rnvv�.fayettevlllc:0: Public Comment: Staff has received no written public comment. INFRASTRUCTURE: Streets: The subject parcel has access to Martin Luther King Boulevard (State Highway 62) and Hill Avenue at a signalized intersection. Martin Luther King Boulevard is a Principal Arterial street with five lanes and sidewalk at the back of curb. Hill Avenue is a two lane road with a turn lane near the intersection and sidewalk. Any required improvements to these streets will be determined at time of development Water: Public water is available to the subject parcel, A 12 -inch water main exists in the College Avenue right-of-way and a 6 -inch main exists in the Hill Avenue right-of- way. Sewer: Public sewer is available to the subject parcel. An 8 -inch sanitary sewer line exists in the Hill Avenue and College Avenue right-of-way. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This parcel does not lie within the 100 -year floodplain, streamside protection areas, or the Hillside/Hilltop Overlay District. 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 2430 Future Land Use Plan designates the properties within the proposed rezone as City Neighborhood Area. These 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. RECOMMENDATION: Staff recommends R%N 16-5589 be forwarded to City Council with a recommendation for approval based on the findings discussed herein. PLANNING COMMISSION ACTION: Required YES Date: September 26 2016 X_Tabled O Forwarded 0 Den (until 10/10/16) Motion: Hoffman Second: Hoskins Vote: 8-0-1 Noble recused Date: October 10, 2016 1-1 Tabled Motion: Hoskins Second: Noble n Forwarded IX Der Vote: 3-4-1 (Commissioners Hoffman, Quinlan, Selby, —Brown voted 'na', Cook recused) Note: Motion to forward the item to City Council with a recommendation for approval failed by a vote of 3-4-1 as noted above. Planning Commission October 10, 2016 G:1ETM!Development Services Review�2016117evelopment Review116--5589 RZN 702 01 MILK Blvd (DARK Credit) 5221 Agenda Item 4 03 Planning Commission110-10-2016iComments and Redlines 16-5589 DARK Rezone Page 2 of 16 FINDINGS OF THIS 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: Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of commercial and railway uses. The property is bounded by the Arkansas Missouri Railroad corridor to the north and northwest, and commercial and office uses to the south and east along a principal arteriallstate highway. The Kum and Go gas station and the Walmart Neighborhood Market were recently constructed on properties zoned C-1 and C-2, respectively, in a standard suburban commercial pattern. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) in terms of land use, which designates this property as City Neighborhood Area. This is a busy, signalized intersection and commercial land use permitted in the C-1 zoning is appropriate. However it is not consistentwith the goals of the Land Use Plan in terms of development pattern. The C-1 zoning requires a suburban development pattern that is discouraged in Goal 2 of City Plan 2030. However, the rezoning would be compatible with the CA zoning for the 2.5 -acre Kum and Go gas station site that was rezoned to C-1 in 2011 and the Walmart Neighborhood Market site adjacent to the east that was rezoned to C-2 in 2014. Given these recently approved and developed suburban patterns and given that the proposed C- 1 zoning would simply `square off an existing C-1 property into a more feasible development site, staff recommends that the proposal is appropriate. 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 to assemble a large enough site with C-1 zoning for commercial development. The northwest corner of Martin Luther King and Hill Avenue contains four parcels under one ownership, a majority of which (approximately 0.44 acre) are zoned C-1, however the subject property for the rezoning would provide a more logical boundary for the applicant's intended development. The subject properties are justified to be rezoned for non-residential use given their busy corner location and surrounding commercial development pattern and railway corridor. 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 (State Highway 62) and Hill Avenue, a partially improved local street. The rezone would allow uses likely to increase traffic, however, a traffic signal with turn lanes and pedestrian crossings is located at the subject property, which combined with the existing street infrastructure will safely handle traffic generated by development of this site under the proposed C-1 zoning. Planning Commission October 10, 2016 G' ETMOevelopment Services Revievt24160evefopment Review'06-5589 RZN 702 W. MLK Blvd. (UARK Credit) 522\ Agenda Item 4 03 Planning Cornmission110.10.20161CommentS and Redlines 16-5589 UARK Rezone Page 3 of 16 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 RMF -24 and RMF -40 to C-1 would reduce potential population density and would 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 whetherthe 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 BUDGETISTAFF IMPACT: Mone Attachments; Unified Development Code sections • Request Letter • Rezoning Exhibit • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 161.15 (RMF -24); 161.16 (RMF -40), 161.19 (C-1) G:iETC\Develvprnent Services RevreM2016\Development ReviewM-5589 RZN 702 W MLK Blvd. (UARK Credit) 5221 03 Planning Commission\10-10-2016',Cornments and Redlines Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 4 of 16 161.15 - District RMF -24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF -24 Multi -Family Residential [District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (t3) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings Unit 44 Cottage Housing Development (2) Conditional Uses. Unit 2 , City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 ` Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimurn- Manufactured home park 100 feet Lot within a Manufactured borne park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet (2) LotArea Minimum. Manufactured horne park 3 acres Lot within a mobile home park 4,200 square feet Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 5 of 16 Townhouses; Individual lot Single-family Two (2) family Three (3) or more Fraternity or Sorority Professional offices 2.000 square feet 3,000 square feet 4,000 square feet. 7,000 square feet 2 acres 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square: feet (E) Setback Requirements. Side Side Rear Rear Front Other Single & Other Single Uses Two (2) Uses Family Family A build -to zone that is located between the front property line and a line 8 feet 5 feet 20 feet 5 feel 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum :30145/60 feet' 'A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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 1 foot for each foot of height in excess of 20 feet. (U) Brdlding Area The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width (Code 1965, App. A , Art. 5(111); Ord, No 2320, 4-6-77; Ord. No. 2700, 2-2-81. Code 1991, §160.033, Ord. No 4100. §2 (Ex. A), 6-16-98; Ord, No. 4178, 8-31-99; Ord, No, 5028; 6-19-07; Ord, No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No 5262, 8-4-09; Ord No, 5312, 4-20-10; Ord. No. 5462, 12-6-11= Ord. No. 5495, 4-17-12, Ord No, 5592, 6-18-13', Ord, No. 5664, 2-18-14. Ord_ No. 5800, § 1(Exh, A), 10-6-15) Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 6 of 16 161,16 - District RMF -40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose, The RMP -40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings Unit 44 Cottage Housing Development (2) Conditional Uses Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density, Units per acre Forty (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 Feet Two (2) family 30 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 7 of 16 Townhouses: Individual lot 2.000 square feet Single-family 2,5007 square feet Two (2) farnily 3,000 square feet Three (3) or more 7,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements, Front A build -to zone that is located between the front property line and a line 25 feet from the front property tine. Side Side Bear Rear Other Single & Other Single Uses Two (2) Uses Family Family { 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations Building Height Maximum 30145/60' feet "A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a naaximurn height of 30 feet, between 10-20 feet frorn the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master .street plan right-of-way shall have a maximum height of 60 feet. Any building which exceeds the height of 20 feet shall be set back from any side boundary fine of an adjacent single family district, an additional distance of 1 foot for each foot of height in excess of 20 feet. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Ail. 5(IV); Ord, No. 2320, 4-5-77; Ord, No, 2700, 2-2-81; Ord, No, 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex, A). 6-16-98; Ord_ No. 4178, 8-31-99-, Ord. No. 5028, 6-19-07; Ord, No, 5224, 3-3- 09; Ord, No, 5262, 8-4-09; Ord. No. 5312, 4.20-10; Ord_ No, 5462, 12-6-11 ; Ord. No, 5592, 6-18-13; Ord. No. 5664, 2-18-14, Ord, No_ 5800, § 1(Exh. A), 10-6-15) Planning Commission October 10, 2016 Agenda Item 4 16-5589 DARK Rezone Page 8 of 16 161.19 - 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 Fact lities Unit Eating places 13 Unit Neighborhood shopping 15 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Offices, studios, and related services 25 Unit Cottage Housing Development 44 Unit Smell scale production 45 (2) Conditional Uses, Unit 2 3 i City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments` Unit 36 wireless communications facilities' Unit 44 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (a) Sulk and Area Regulations None. (E) Sotback Regulations. Front 95 feet Front, if parking is allowed between the 50 right-of-way and the building feet Side None Side, when contiguous to a residential 10 district feet Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 9 of 16 Rear 20 feet (F) Building Height Regulations. Building Height Maximum 56 feet" 'Any building which exceeds the height of 20 feet shalt be setback from any boundary line of any residential district a distance of 1 foot for each fool 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. No. 5028, 6-19-07; Ord. No 5195, 11-6-08; Ord, No. 5312, 4-20-10; Ord, No. 5339, 8-3-10; Ord, No, 5462.12-6-11; Ord. No. 5592, 6-18-13; Ord. No, 5664, 2-18-14; Ord, No. 5735, 1-20-15; Ord_ No. 5800, § 1(Exh. A), 10-6-15) Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 10 of 16 August 30, 2016 City of Fayetteville 113 W Mountain Fayetteville, AR 72701 Att: Planning Dept Re: Rezoning at NW Corner of MLK & Hill Str. Attached please find information pertaining to a rezoning request at the NW Corner of MLK & Hill Street. This is for parcel # 765-12999-000 (RSF-24) and 765-12988-001 (RSF-40). The request is for C-1 for both parcels. This is for a bank with parking. Access will mainly be off of Hill Street with a possible access off of MLK (Right only). Sewer service will be off of Hill Street and water will be off of MLK (North side). Please review and contact us concerning any questions you may have Thank you, Sincerely; David L. Jorgensen, P.E. Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 11 of 16 JORGENSEN I W S%ijinridge -Dr:ve, -51site S, "I etteville. AR 727W Ace: 476,442,9127 +ASSOCIATFS Fax: 47<) 582 4801 August 30, 2016 City of Fayetteville 113 W Mountain Fayetteville, AR 72701 Att: Planning Dept Re: Rezoning at NW Corner of MLK & Hill Str. Attached please find information pertaining to a rezoning request at the NW Corner of MLK & Hill Street. This is for parcel # 765-12999-000 (RSF-24) and 765-12988-001 (RSF-40). The request is for C-1 for both parcels. This is for a bank with parking. Access will mainly be off of Hill Street with a possible access off of MLK (Right only). Sewer service will be off of Hill Street and water will be off of MLK (North side). Please review and contact us concerning any questions you may have Thank you, Sincerely; David L. Jorgensen, P.E. Planning Commission October 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 11 of 16 9l, 40 u abed auoza2:i >ojvn 6999-96 t, well upueov 960Z'06 i99oloo UOISSIWWOO Buluueld 41 Ip ply; age {tr -j T, ply; -j T, LK loa -j T, RZN 16-5589 One Mile View UARK CREDIT UNION 0 0.125 0,25 0.5 Miles NORTH rr `r� Wink Al P Subject Properties it . ............ ...... A 1 rwr, IF 11 F)Z 1) NVjTt4 1_2 .... ....................... EXTRACTION OMTW�SINGLE FAMILY=- ...... cp A-, rOMMERUAL Legend Hillside -Hilltop Overlay District AE51DENTIAL 'AU014PA1LV Z Shared Use Paved Trail Planning Area nl.ANW07,Z01-_N.C�i, 01%�T.RC 15 Fayelleville City bmi(s PlanningAfea 7L)$7RIAL 'W, 0 Trail(Proposed) j Fayettev,lle City Limits Planning Conl Ellctcb.H O, 2016 Agenda Item 4 16-5589 UARK Rezone Page 13 of 16 RZN 15-5589 Close Up View BULLDOG BLVD P1 S 03 UARK CREDIT UNION ION NORTH R -O ucr_.1 Lu c •:,Y .A Z W Z X Lu > Y CHESHIRf`.CT Legend li RMF -24 M RMF.4a Building Footprin! 1 tieavy: cmmer[ia3 and t:y^rd :^dus'^al --- - Shared Use Paved Trail Resicenua-O'ftce Feet c ! Planning Area; k.2 0 112.5 225 450 675 900 Fayetteville City Limits ,:�,� adan Srfoe! Center L _ � DU,.vnlow a-en.;rai Hillside -Hilltop Overlay DistrictI U l C� On feet COMM un 11 Sen:ees Frail (Proposed) CammerCrw =ndustraat Resreen.ia; a' Planning Co mission -Moluer 10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 14 of 16 RZN 16-5589 Current Land Use DARK CREDIT UNION -1 V 7 Single Family Single Family to ro z. BULLDOG SLV,osk A STONE ST V -1 V 7 Single Family Single Family q - 7 1 J - Subject Properties fiY N Retail FHS KIWI L4 %T A 1'r." AMR 41, r Commercial LU > AOR 0 0 At AIN& Multi Family "A .......... -�d 01, 0 It 4 Legend Feet M SPC I oss Its 0 112.5 225 450 675 goo MSP C14AI L 14 Planning Car4mission 15d lb1 r10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 15 of 16 z. q - 7 1 J - Subject Properties fiY N Retail FHS KIWI L4 %T A 1'r." AMR 41, r Commercial LU > AOR 0 0 At AIN& Multi Family "A .......... -�d 01, 0 It 4 Legend Feet M SPC I oss Its 0 112.5 225 450 675 goo MSP C14AI L 14 Planning Car4mission 15d lb1 r10, 2016 Agenda Item 4 16-5589 UARK Rezone Page 15 of 16 RZN 16-5589 Future Land Use SUt,LOOG BLVD DARK CREDIT UNION 'TONT S r en }n W X NORTH w k, rrVIVER3iryAv6 PRAMIE 5T l Subject Properties al F'F WATE 421, h: ✓ :u L SjoNE DR 149 v 71 r x v w Legend rt Fayetteville City Limits Feet Shared Use Paved Trail - 0 112.5 225 450 675 900 Trail (Proposed) 1 inch = 300 feet Building Footprint CHP.IRE CT FUTURE LAND 115E 2030 pesidenlia€ Neighborhood Area City Neighborhood Area Complete Neighborhood Plan Cwic and Private Open napaeetPsri<s Civic lnstitutional Planning Conjrnission fieri 0, 2016 Agenda Item 4 16-5589 UARK Rezone Page 16 of 16 RECEIVED DEC 2 2 2016 NORTHWESTARKANsAs 'CITY CLERK S OFF4CE Vemoctra Onftet ... AYE_v _ 1. < :J.t ,..�;� ..,....:'-rIk AFFIDAVIT OF PUBLICATION I Karen Caler, 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 5926 Was inserted in the Regular Edition on: December 15, 2016 Publication Charges: $ 71.50 Karen Caler Subscribed and sworn to before me This I � day of bpr , 2016. orcv,Vv Notary Public _,, j� f �� My Commission Expires: � CATHY t'ILES Ar' ,i,sas ? „li0n Caanw `> Notary Public - Cour, l,r 12397118 �) My Commission Expire, Fcb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5926 File Number: 2016-0488 UARK CREDIT UNION REZONING APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5589 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 714 WEST MARTIN LUTHER KING BOULEVARD AND 511 HILL AVENUE FROM RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO C-1, NEIGHBORHOOD COMMERCIAL, 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 RMF -40, Residential Multi Family, 40 Units Per Acre to C-1, Neighborhood Commercial. Section 2. That the City Council ofthe 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 12/6/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73962506 Dec. 15, 2016