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HomeMy WebLinkAboutORDINANCE 5929113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5929 File Number: 2016-0523 Doc ID: 017240550004 Type: REL Kind: ORDINANCE Recorded: 01/11/2017 at 08:55:30 AM Fee Amt: $30.00 Pape i of 4 Washington County, AR Kyle Sylvester Circuit Clerk File201 / —000009 iT RZN 16-5598 (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5598 FOR APPROXIMATELY 3.74 ACRES LOCATED AT 1777 SOUTH SMOKEHOUSE TRAIL FROM R-A, RESIDENTIAL AGRICULTURAL 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-A, Residential Agricultural 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. o111111111 v .�`0 ,, K l TR+ - le, PASSED and APPROVED on 12/6/2016 �� : G�� Y O,c•;G FAYETfEWLLo : = Apprav Attest:'' • F,Qg� n -� . � Lio eid 1gr , Mayor SondraE. Smith, CityClerkTreasurer Page 1 Printed on 1217116 16-5598 EXHIBIT -A' RZN 16-5598 OZARK SMOKEHOUSE Close Up View I RPzD R-O RMF-24 yiz�. 64O�fi J Subject Property J' RSF-4 z J rA' p S Oi Legend g Plannin Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH Residential -Agricultural IRS F-4 RM F-24 Residential -Office C-1 Urban Thoroughfare ®ll Community Services Neighborhood Conservation Commercial, Industrial, Residential RZN 16-5598 j EXHIBIT V DESCRIPTION OF REAL ESTATE FOR TRACT 1 Part of the East Half of the Northwest Quarter of the Southeast Quarter` of Section 24, in Township 16 North, of Range 31 West, described as follows: Beginning at a point in the center line of the County Road which is 187 feet North of the Southwest corner of said 20 acre tract, and running thence North 750 9' East i-r th the center Lire of said road to a point 234 feet East of the West line of said 20 acre tract°, thence North 434.1 feet; thence South 740 61 West 15 feet; thence North 46.6 feet or to the center line of U. S. Hi.ghcmy No. 62,, thence Vlest bearing South with the center line of said Highway to the West line of said 20 acre tract; thence South 469.04 feet to the point of beginning, less and except that part lying within the County Road and U. S. Hi.•gbway No. 62, leaving 2.17 acres, more or less. A part of the West half of the Northwest quarter'of the Southeast quarter of Section twenty-four (24)- in Township sixteen (16) North, of Range thirty-one (31) West, described as follows: Beginning at a point which is three hundred twenty-three (323) feet North of the Southeast corner of twenty acre tract, and running, thence West two and eighty-three hundredths (2.83) chains to the center of a ditch; thence North 70 East with the center -line of said ditch four and forty hundredths (4.40) chains to the center -line of U.S. Highway No. 62; thence North 740 East with the center -line of said highway two and forty hundredths (2.40) chains to the East -line-of said twenty acre tract; thence South five (5) chains to the place of beginning, containing one and seventeen hundredths (1.17) acres, more or less, subject to an easement for roadway over and across a strip fifteen (15) feet wide off of the East side of said tract. RZN 16-5598 EXHIBIT 'B' DESCRIPTION OF REAL ESTATE FOR TRACT 2 Pg2OF2 Beginning at a point 214 feet north of the northeast corner of the West half (W1/2) of the Southwest quarter (SW1/4) of the Southeast Quarter (SE 1/4) of Section Twenty-four (24) in Township sixteen (16) North of Range thirty-one (31) West, Washington County Arkansas, containing 20 acres, more or less, and running thence North for one hundred and eight (108) feet, thence West, one hundred sixty (160 feet), thence South one hundred and eight (108) feet and thence East, one hundred and sixty (160 feet) to the point of beginning, containing about four tenths (0.4) of an acre. APPROVED By Gun Coaty at 1:43 pm, Oct 21, 2016 RZN 16-5598 TRACT 2 REVISION Washington County, AR I certify this instrument was filed on 01111 f2017 08:55:30 AM and recorded in Real Estate File Number 2 . -0 000914 Kyle Sylvest Cir it Cork by .. City of Fayetteville, Arkansas 113 West Mountain Street r Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0523 Agenda Date: 12/6/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 7 RZN 16-5598 (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5598 FOR APPROXIMATELY 3.74 ACRES LOCATED AT 1777 SOUTH SMOKEHOUSE TRAIL FROM R-A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE (LEFT ON THE FIRST 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 R-A, Residential Agricultural 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 12(712016 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0523 Legistar File ID 11/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/28/2016 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5598: Rezone (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE, 595): Submitted by FRANK SHARP for property at 1777 S. SMOKEHOUSE TRAIL. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3.74 acres. The request is to rezone the property 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: Approval Date: Comments: CITY OF 4 Fay� -Il�l a CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF NOVEMBER 15, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Planner DATE: October 28, 2016 SUBJECT: RZN 16-5598: Rezone (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE, 595): Submitted by FRANK SHARP for property at 1777 S. SMOKEHOUSE TRAIL. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3.74 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to UT, Urban Thoroughfare, as requested by the applicant and as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The proposed rezoning request is for approximately 3.74 acres south of Martin Luther King Boulevard, and west of Smokehouse Trail. The property is currently within the R-A zoning district, and is developed with a large (14,400 square foot) warehouse structure and associated parking lot, formerly an Ozark Mountain Smokehouse facility built in 1975. The property also contains a single-family home that appears to be vacant. The warehouse has been in commercial use for several years by Conditional Use Permit. The City's expansion of Rupple Road will create a signalized intersection adjacent to this site on Martin Luther King Boulevard. Request: The request is to rezone three parcels (approximately 3.74 acres) of the property from R-A to UT, Urban Thoroughfare, in order to allow the existing buildings to be used for commercial purposes without the need for Conditional Use Permits. Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in this area, which contains a mixture of small residential and commercial developments and undeveloped property. Large parcels to the east and south are currently forested, while land to the west and north are developed with residential and commercial uses. With the extension of Rupple Road adjacent to the northeast of this site, a signalized intersection will be created adjacent to this site. This new street infrastructure makes the property an ideal location for the more intensive and dense use allowed under the UT zoning. Land Use Plan Analysis: The proposed zoning is fully consistent with the Future Land Use Map (FLUM) designation of this property as a City Neighborhood Area. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The goals of City Plan 2030 include making traditional town form the standard. The UT zoning district encourages patterns of development that result in realizing this goal over time, including an expectation that non-residential buildings will be located near streets and at corner locations, creating an environment appealing to pedestrians and reducing the visual impact of parking areas. A mixture of residential and commercial uses is typical in a traditional urban form, with buildings addressing the street. DISCUSSION: On October 24, 2016 the Planning Commission forwarded the applicant's request with a recommendation for approval with a vote of 6-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report 16-5598 EXHIBIT 'A' RZN 16-5598 OZARK SMOKEHOUSE A& Close Up View NORTH RPzD G'S RNIF--24 QV'9�k a� Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint R-o Subject Property RSF-4 z J J 0 i- C 0 Feet 0 75 150 300 450 600 1 inch = 200 feet C-1 R-A Residential -Agricultural RSF-4 R M F-24 Residential -Office C-1 Urban Thoroughfare Community Services Neighborhood Conservation Commercial, Industrial, Residential RZN 16-5598 EXHIBIT V DESCRIPTION OF REAL ESTATE FOR TRACT 1 Psxt of the East Half of the Northwest Qwxter of the Southeast Quarter' of Section 24, in Township 16 North, of Range 31 West, described as follomrs a Beginning at a point in the center line of the County Road which is 187 feet North of the Southwest corner of said 20 acre tract, and runnimg thence North 750 9' East z-ra.th the center Line of said road to a point 234 feet East of the West line of said 20 acre -tract; thence North 434.1 feet; thence South 740 61 West 15 feet; thence North 46.6 feet or to the center line of U. S. I-Ughi y No. 62; thence West bearing South with the center line of said Highw.y to the Wiest line of said 20 acre tract; thence South 469.04 feet to the point of beginning, less and except that part lying within the County Road and. U. S. Highway No. 62, leaving 2.17 acres, more or leas. A part of the West half of the Northwest quarter'of the Southeast quarter of Section twenty-four (24)- in Township sixteen (16) North, of Range thirty-one (31) west, described as follows: Beginning at a point which is three hundred twenty-three (323) feet North of the Southeast corner of twenty acre tract, and running, thence Priest two and eighty --three hundredths (2.53) chains to the center of a ditch; thence North 70 Last with the center -line of said ditch four and forty hundredths (4.40) chains to the center -line of U.S. Highway No. 62; thence North 740 East with the center -line of said highway two and forty hundredths (2.40) chains to the East line -of said twenty acre tract; thence South five (5) chains to the place of beginning, containing one and seventeen hundredths (1.17) acres, more or less, subject to an easement for roadway over and across a strip fifteen (15) feet wade off of the East side of said tract. =RM 16-5598 IEHIBfT ,B • DESCRIPTION OF REAL ESTATE FOR TRACT 2 Pg2OF2 Beginning at a point 214 feet north of the northeast corner of the West half (W1/2) of the Southwest quarter (SW1/4) of the Southeast Quarter (SE 1/4) of Section Twenty-four (24) in Township sixteen (16) North of Range thirty-one (31) West, Washington County Arkansas, containing 20 acres, more or less, and running thence North for one hundred and eight (108) feet, thence West, one hundred sixty (160 feet), thence South one hundred and eight (108) feet and thence East, one hundred and sixty (160 feet) to the point of beginning, containing about four tenths (0.4) of an acre. APPROVL ED By Gun Coaty at 1:43 pm, Oct 21, 2016 RZN 16-5598 TRACT 2 REVISION CITY OF FAYETTEVILLE, ARKANSA VOR STI11171 USE ONL Y FEE: S32S.00 .)r/rc? Application Submitte& Sign Fee. 8100 Nue Accepted as Complete: S-T--R: �ase I Appeal Number: PP#. "ablic Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request Your application will not be placed on the Planning Commission agenda until this information isfrsrn4ehed AplLhcation- Indicate one contact person for this request: Applicant Representative Applicant (persren mAhtg request); Representative (engineer, suruqcrr, realtnr, etc): Frank Sharp Name: Naive. Adeiress; 2062 S. Smokehouse Trail Address: Fayetteville, AR 72701 ---------- E-mail: fsharp@pgtc.com Phone: 479-9S7-4069 Phone: 470-267-320S ( 3 Fax: Fax: Site Address / Location: 172E S. Smokehouse Trail 1777 S. Smokehouse Trail -- - - _-- Current Zoning District-. Residential -Agricultural Requested zoning District: • Urban -Thoroughfare Assessor's Parcel Number(s) for subjectproperty: - _ _ 765-16299-000 765-16281-000 - -® FfIIrANCL4L INTERESTS The following entities and / or people have financial interest in this project: Ozark Mountain Smokehouse, Inc. Sharpridge Trust March 2014 page 1 APPLICANTIREPRESENTATHT: I 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. Name (printed): Frank Sharp Date: PROPERTY OWNERS)1AUTHORIZED AGENT:1/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 signed by the authorized agent; a lever from each property owner must be provided indicating that the agent is authorized to act on his/her behay) Property 0w►ter581'1Rec0rt! fatfuch 444kh nal info ff necessary): Name (rinted): Ozark Mountain Smokehouse, Inc Address: 2662 S. Smokehouse Trail f// �) Fayetteville, AR 72701 Si attire: rLi"J t ..JfW`Cb",r. Inc r FsI�J J --- Date: Phone: _- - — 479-267-3205 T� t } Naune (printed): Sharpridge Trust Address: 2062 S. Smokehouse Trail si alurc; f �=,, f w� 'Fr Fayetteville, AR 72701 Date: Phone: 479-267-3205 ( � 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 (2) A legal description of the property to be rezoned. A. survey may be required if the property description can not accurately be platted 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 parcer map from the Washington County Assessor's office or ftom the Washington County website (www.co.washington.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 17ayrkle PLANNING COMMISSION MEMO AS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: 'fctobeF24; 20-1L UPDATED with Planning Commission results SUBJECT: RZN 16-5598: Rezone (1777 S. SMOKEHOUSE TRAIUOZARK MOUNTAIN SMOKEHOUSE, 595): Submitted by FRANK SHARP for property at 1777 S. SMOKEHOUSE TRAIL. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3.38 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN 16-5598 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The proposed rezoning request is for approximately 3.38 acres south of Martin Luther King Boulevard, and west of Smokehouse Trail. The property is currently within the R-A zoning district, and is developed with a large(14,400 sf) warehouse structure and associated parking lot, formerly an Ozark Mountain Smokehouse facility built in 1975. The property also contains a single-family home that appears to be vacant. The warehouse has been in commercial use for several years by Conditional Use Permit. The City's expansion of Rupple Road will create a signalized intersection adjacent to this site on Martin Luther King Boulevard. Surrounding land use and zoning is depicted on Table 1, Table 1 Surrounding Land Use and Zoning Direction from Site Land Use I Zoning North Commercial/office South Single-family Residential/Undeveloped East Forest/Undeveloped West Single and two-family [Residential UT, Urban Thoroughfare R-A, Residential Agricultural/RSF- 4, Residential Single-farniiy R-A, Residential Agricu6tural/RSF- 4, Residential Single-family RMF-24, Residential Multi- family/R-0, Residential Office Malllffilg mission Mailing Addross: October24. 2016 1't3 W, Mountain Street ��F�vFti.fi iye'tt�ville aJ4ij�ntia Item 9 ralletteville, AR 12 I( . 16-5598 Ozark Mtn Smokehouse Page 1 of 15 Request' The request is to rezone two parcels (approximately 3.38 acres) of the property from R- A to UT, Urban Thoroughfare, in order to allow the existing buildings to be used for commercial purposes without the need for Conditional Use Permits, Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject parcels have access to Martin Luther King Boulevard and Smokehouse Trail. Martin Luther King Boulevard is an improved principal arterial and state highway; however, sidewalk has not been constructed along the frontage of the subject parcel. Smokehouse Trail is an unimproved local street without storm drainage, curb/gutter, or sidewalks. Any further street improvements would be determined at time of development. Water: Public water is available to the site. A 12" water main exists in the Martin Luther King Boulevard right of way. Sewer: Sanitary Sewer is available along the southern edge of the property. A 6" public sewer main extends across the frontage of this parcel and within the Smokehouse Trail right-of-way. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. No portion of this parcel lies within the FEMA designated 100-yr floodplain. No part of the parcel lies within the HHOD, however some slopes exist on site in excess of 15% grade. Fire: The Fayetteville Fire Department did not express any concerns with this 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. These areas are expected to be 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 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 surrounding land use patterns in this area, which contains a mixture of small residential and commercial developments and undeveloped property. Large parcels to the east and south are currently forested, while land to the west and north are developed with residential and commercial uses. With the extension of Rupple Road adjacent to the northeast of this site, a signalized intersection will be created adjacent to this site. This new street infrastructure makes the property an ideal location for the more intensive and dense use allowed under the UT zoning. WETC\Development Services Review12016\1Development Review\16-5598 RZN 1777 S. Smokehouse Trail Planning Commission (Ozark Smokehouse) 595\03 Planning CommissionO0-24-2016\Comments and Redlines October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 2 of 15 Land Use Plan Analysis: The proposed zoning is fully consistent with the Future Land Use Map (FLUM) designation of this property as a City Neighborhood Area. The goals of City Plan 2030 include making traditional town form the standard. The UT zoning district encourages patterns of development that result in realizing this goal over time, including an expectation that non- residential buildings will be located near streets and at corner locations, creating an environment appealing to pedestrians and reducing the visual impact of parking areas. A mixture of residential and commercial uses is typical in a traditional urban form, with buildings addressing the street. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed UT, Urban Thoroughfare zoning will allow certain businesses to operate in the existing commercial building without further Planning Commission review. The UT District is designed primarily to provide goods and personal services for persons living in the wider regional community and is intended to provide for adaptable mixed use centers located along commercial corridors such as Martin Luther King Boulevard. The existing R- A zoning is no longer appropriate for this property given the City creation of a major signalized intersection along this busy State highway. The requested re -zoning is justified. 3. A determination as -to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The UT zoning allows a wide range of commercial activity and unlimited residential density. The proposed rezone would create the potential for increased traffic in the area over the existing R-A zoning. The property is located on a corner of Martin Luther King Boulevard, a partially improved 'Principal Arterial' street and Smokehouse Trail, an un-improved 'Local' street. The capacity of Martin Luther King Boulevard will allow future development of this parcel without creating or significantly increasing traffic danger and congestion. Further, the signalized intersection at Martin Luther King lRupple Road should help to accommodate increased traffic to this site. 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-A to UT could significantly alter population density in the area. CS zoning allows a wide range of commercial activity and unlimited residential density. The rezone request is not likely to undesirably increase load on public services. 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: WETDDevelopment Services Reviewi20160evelopment Review116-5598 RZN 1777 S. Smokehouse Trail Planning Commission (Ozark Smokehouse) 595\03 Planning Commission\10-24-2016\Comments and Redlines October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 3 of 15 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 16-5598 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. BUDGETISTAFF IMPACT: None Attachments: • Unified Development Code sections 161.03 & 161.22 • Request letter ■ Rezone exhibit • One Mile Map, Close -Up Map, Current Land Use Map, Future Land Use Map PLANNING COMMISSION ACTION: Required YES Date: October gal. 2016 © Tabled Motion: QUINLAN i Second: BROWN (Vote: 8-0-0 ZI Forwarded O Denied CITY COUNCIL ACTION: Required YES Date: November 15 2016 © Approved O Denied WETCOevelopment Services Review2016�Development Review116-5598 RZN 1777 S. Smokehouse Trail Planning Commission (Ozark Smokehouse) 595103 Planning CommissioM10.24-20161Comments and Redlines October 24. 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 4 of 15 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space, (B) Uses. (1) Permitted Uses, Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density Units per acre One-half (Y2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum-. Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres Planning Commission October 24, 2016 Agenda Item 9 ' 16-5598 Ozark Mtn Smokehouse Page 5 of 15 (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required setback lines. (0) Building area. None. (Code 1965, App, A., -Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160,030: Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord, Na. 5238, 5-5- 09; Ord, No. 5479, 2-7-12) Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 6 of 15 161.22 - Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses, (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit Three (3) family dwellings 10 Unit Eating places 13 Unit Hotel, motel and amusement services 14 Unit Shopping goods 16 PP 9 Unit Transportation trades and services 17 Unit Gasoline service stations and drive-in/drive 16 through restaurants Unit Commercial recreation, small sites 19 Unit Home occupations 24 Unit Offices, studios, and related services 25 Unit Multi -family dwellings 26 Unit Liquor store 34 Unit Accessory Dwellings 41 Unit Cottage Housing Development 44 Unit Small scale production 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 7 of 15 Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 40 Sidewalk cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single- family residential district: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None (F) Building Height Regulations. 15 feet Building Height Nlaximum 56184 feet' 'A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Minimum buildable street frontage. 50% of the lot width. Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 8 of 15 . 5312, 4-20-10; Ord, NC No. 5664, 2-18-14; Ord. Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 9 of 15 APPLICANT'S REQUEST" LETTER Rezoning Checklist (5) A written description of this request addressing the fallowing items: a. The current Owner of Tracts 1 is the Ozark Mountain Smokehouse, Inc., Frank Sharp, President (the Shorpridge Trust owns the stock of the Ozark Mountain Smokehouse, Inc.) and Tract 2 is owned by the Sharpridge Trust, Frank and Sara Sharp, Trustees. b. The reason to request the zoning change is because the area has changed so much in the last 40 years, since 1976, when the Ozark Mountain Smokehouse building was constructed. Highway 62 West (later Martin Luther King, Jr. Boulevard) was a two lane highway and Smokehouse Trail was a gravel road (built in 1961 and dedicated to Washington County.) The Ozark Mountain Smokehouse was started behind the Sharp's house (now 1725 S. Smokehouse Trail) and remained there until the move to the "new" smokehouse in 1976, In 1976 the area was primarily agricultural, with a few private homes. There were very few commercial buildings between the present day Whataburger and Farmington. The functions of the "new" smokehouse consisted of production ( smoked meats, cheeses, jellies, jams and candies, Sales (retail and mail order) warehousing and offices. The present building is still used for warehousing ( Fayettechill, and outdoor outfitter) and offices (Northwest Arkansas Land Trust, Foyettechill, Ozark Off Read Cyclists and Sig Sot (an artist's studio.) With these properties, located at the south terminus of the Rupple Road/Van Ashe Boulevard "box", the area will probably be subject to extensive development in the next fifty years. in addition, the property are serving as the major western entrance and trailhead to Kessler Mountain. Tract 2 is adjacent to twenty acres of woods and trails, protected by a conservation easement (held by the City of Fayetteville) dedicated in 2008. In addition to being the trailhead for hikers, runners and mountain bikers enjoying the new 376 acre Kessler Mountain Reserve and the 200 acre new regional park, The properties are being used for outdoor education by the Kessler Mountain Outdoor Classroom and Nature Center, which is supported by the Fayetteville Public Schools, the Northwest Arkansas land Trust and Fayetteville Natural Heritage Association, In April 2016, 226 students from Happy Hollow and McNair Middle School were taught about rocks, birds, trees and other elements of nature, led by Professor Walt Manger and students from the Department of Geosciences at the University of Arkansas, members of the Audubon Satiety, staff of the NWA Land Trust and volunteers. Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 10 of 15 The property is also being used for outdoor events such as the annual Kessler Mountain Trail Run and the first annual Gumbo Cookoff. The rooms in the smokehouse once used for food processing are now being used as meeting places by the Ozark Off Rood Cyclists, the Writers' Workshop, International Mountain Biking Association, NWA Regional Planning and other nonprofits. b. The Rupple road extension to MILK, Jr. Boulevard, has prompted recent rezoning of properties adjoining Rupple Road. This property is due north of the subject properties. C. The twenty acres of woods, protected by the conservation easement (no structures, paved trails or even bicycles are allowed!) will serve as a permanent buffer from the commercial properties at the Rupple/MLK, Jr, intersection and the residential/agricultural properties on Kessler Mountain to the south. The traffic on Smokehouse Trail will be a mere fraction of the traffic on the Rupple and MLK, Jr. Trail signage will be consistent with a nature center. Other signs will adhere to the city sign ordinance. d. 6" sewer lines are on the south side of MLK, Jr. and the west side of Smokehouse Trail. There is a short section of 8" sewer line (running east and west)) on the south side of Smokehouse Trail, (marked in red on the attached map.) There are two waterlines running north and south on the east side of Smokehouse Trail and Hoot Owl Lane - a 2.25; Cast Iron Pipe closest to the road and an 8" PVC line east of that. There is a 2.25" Cast Iron Pipe on the south side of Smokehouse Trail running west ( marked in blue on the attached map) e. The proposed zoning category of Urban Thoroughfare is consistent with the future land use objectives as expressed by the City of Fayetteville City Plan 2030 document and the Master Street Plan. The subject property is at the intersection of a Principal Arterial (MLK Jr. Boulevard) and a Principle Arterial Parkway (Rupple Road). This site therefore has a significant civic importance that is inconsistent with the existing R-A Residential Agricultural zoning category. The Future Land Use Map indicates that this area to be City Neighborhood in character, which is described as follows: "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, from single family to multifamily. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. The street Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 11 of 15 RZN 16-5598 OZARK SMOKEHOUSE Current Land Use NORTH q p 4�':4 1,. s Offices r . ,,, I Subject Propertyr :;f yIt aw w .f Undeveloped' Single Family Single Family �r Lnryond `�Iin CIS P'Wi rwd Nri' {liar Feet $Irrrtl, i=a,A1;,,, MSP Ciasc 0 75 150 300 450 600 Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 12 of 15 RZN 16-5598 OZARK SMOKEHOUSE Close Up view RP7,D CIS -ei:FP Legend Planning Area Fayetteville City Limits Y Y Trail (Proposed) Building Footprint R-f 3 Subject Property RSF4 Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH GI R-A Residential -Agricultural RSF4 R M F-24 Residential -Office M Urban Thoroughfare Community Services `1 Neighborhood Conservation Cornmercial 3ndumnal Res:dent,af Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 13 of 15 RZN 16-5598 Future Land Use. SERVIcrel'-01:1 e OZARK SMOKEHOUSE '77`7 Subject Property Z Legend Planning Area Feet Fayetteville City Limits 00EEEE1= - — 0 1125 225 450 675 900 Trail (Proposed) Building Footprint I inch = 300 feet NORTH JASMINE LN LU LU 0 FUTURE LAND USE 2030 Nal-il N,:n- ,J C4Y Npqllboflhood Area civ,e ao! P"v"'W Planning Commission October 24. 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 14 of 15 RZN 16-5598 OZARK SMOKEHOUSE One Mile View AAk NORTH 0 0.125 0.25 0.5 Miles KNzn R$F-I RSF-z PIRWATF RSI -H PRIVATE i295 TABPA1ICHC7�vr+ - LLJ � N "I F-? a 1 « f.1 Ilk ' yj11 n c - � Subject Property �� IAtrao,x'{l ,;x'• I �Ft,.. x."'i'*�"',,,e��'' I -4 w I T I 1 �pyN ST 1 It 1-4 I r• OLD FARMINGTON R0 I RALS7ON S, f_ _ I i 1 A r A I A I I i � I i a a � 1 O i Legend A �i Planning Area 7 r w I - - ' Fayetteville City Limits .. Shared Use Paved Trail aaraia Trail (Proposed) Building Footprint 1 - - - - - _ - - - - i 1 1 I�dg Y� 1 i 9rI r F�NGER�O 1 rrr A I •, � Ea: h�CiIOH ' RF UNiIAL V —,1:L1 - COvufkp�t ' 7R41 M S E D ❑IS?R ITS �� RL s+Dev LwL w�La; aanrLv w � .• . J "-+� PLRYMEDZONfNG DISTRICTS Planningrea '' IUG.isrRla, NSI.rI:rlal+aL FayefiEeviile CRy Lmi3s _ `I Planning Commission October 24, 2016 Agenda Item 9 16-5598 Ozark Mtn Smokehouse Page 15 of 15 DEC 2 2 2016 CITY OF FAY E T T EVILLE CI fY (;LERK'S OFFICE NORTHWEST .ARKANsm Vemocrat azette L.,,. _.0 - Y_ 4 a �Y ,. 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 5929 Was inserted in the Regular Edition on: December 15, 2016 Publication Charges: $ 67.60 Karen Caler Subscribed and sworn to before me This I � day of �p2016. vU� Notary Public My Commission xpires: CATHY WILES Arkansas - Qen,on Ca1nty Notary Public 12397118 Niy Commission E,,1Pifes 6-'eb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance:5929 File Number: 2016-0523 RZN 16-5598 (1777 S. SMOKEHOUSE TRAIL/OZARK MOUNTAIN SMOKEHOUSE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN I6-5598 FOR APPROXIMATELY 3.74 ACRES LOCATED AT 1777 SOUTH SMOKEHOUSE TRAIL FROM R-A, RESIDENTIAL AGRICULTURAL 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-A, Residential Agricultural 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 12/6/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73962671 Dec. 15,2016