HomeMy WebLinkAboutORDINANCE 5949113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5949 File Number: 2017-0017 RZN 16-5677 (3535 E. HUNTSVILLE RD./HARRIS): Doc ID: 017311540003 Type: REL Kind: ORDINANCE Recorded: 02/24/2017 at 08:39:57 AM Fee Amt: $25.00 Page i of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2017-00005540 AN ORDINANCE TO REZONE ABOUT 1.27 ACRES DESCRIBED IN REZONING PETITION 16-5677 LOCATED AT 3535 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY - FOUR UNITS PER ACRE TO R -A, RESIDENTIAL AGRICULTURE. 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 legal description (Exhibit B) both attached to the Planning Department's memo from RSF-4, Residential Single Family, 4 Units per acre to R- A, Residential Agriculture. 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 2/7/2017 Page 1 Attest: Sondra E. Smith, City Clerk Treastff R►s{✓j ••n•.• ♦ / =Ei:WILLE; f"AYFT�i • �Pdared on 2A*pr 0 l i f 111 RZN 16-5677 Close Up View vp M a � RMF -24 R -O Legend HARRIS F Planning Area Fayetteville City Limits Building Footprint RSF-1 Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH M Residential -Agricultural RSF-1 RSF-4 RMF -24 Residential -Office C-1 M Neighborhood Conservation 165677 EXHIBIT 'B' A PART OF THE SW1/4 OF THE SE1/4 OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SW1/4 OF THE SEI/4; THENCE WITH THE NORTH LINE OF SAID SW1/4 OF THE SEI/4 N87°05'11"W 546.01 FEET; THENCE LEAVING SAID NORTH LINE S02°54'31"W 549.83 FEETTO THE POINT OF BEGINNING, SAID POINT BEING LOCATED ON THE CITY LIMIT LINE OF THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S02°54'31"W 117.57 FEETTO A FOUND IRON PIN; THENCE N87°00'59"W 101.17 FEET TO A FOUND IRON PIN; THENCE S02°38'14"W 167.10 FEET TO A RAILROAD SPIKE FOUND ON THE NORTH RIGHT-OF-WAY LINE OF E. HUNTSVILLE ROAD / ARKANSAS STATE HIGHWAY NO. 16 (80' R/W); THENCE WITH SAID NORTH RIGHT-OF-WAY LINE N77°03'41"W 144.75 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY LINE NO2°55'32"E 299.71 FEETTO THE CITY LIMIT LINE OF THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE WITH SAID CITY LIMIT LINE S77°38'56"E 246.16 FEET TO THE POINT OF BEGINNING, CONTAINING 1.27 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 02/24/2017 08:39:57 AM and recorded in Real Estate File Numb 20 7-00005540 st r / Kyle Av, Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0017 Agenda Date: 2/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 RZN 16-5677 (3535 E. HUNTSVILLE RD./HARRIS): AN ORDINANCE TO REZONE ABOUT 1.27 ACRES DESCRIBED IN REZONING PETITION 16-5677 LOCATED AT 3535 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY -FOUR UNITS PER ACRE TO R -A, RESIDENTIAL AGRICULTURE. 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 legal description (Exhibit B) both attached to the Planning Department's memo from RSF-4, Residential Single Family, 4 Units per acre to R -A, Residential Agriculture. 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 V812017 Jeremy Pate Submitted By 0 City of Fayetteville Staff Review Form 7-0017 Legistar File ID 2/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/20/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 16-5677: Rezone (3535 E. HUNTSVILLE RD./HARRIS, 529): Submitted by BLEW & ASSOCIATES for property at 3535 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.27 acres. The request is to rezone the property to R -A, RESIDENTIAL AGRICULTURE. Budget Impact: Account Number Project Number 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 Previous Ordinance or Resolution # Original Contract Number: Comments: Fund Project Title 1 Approval Date: V20140710 CITY OF ,(yk CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF FEBRUARY 7, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Harry Davis, Current Planner DATE: January 20, 2017 SUBJECT: RZN 16-5677: Rezone (3535 E. HUNTSVILLE RD./HARRIS, 529): Submitted by BLEW & ASSOCIATES for property at 3535 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the property to R -A, RESIDENTIAL AGRICULTURE. - RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to R -A, Residential Agriculture, as shown in the attached Exhibits 'A' and `B'. BACKGROUND: The subject property totals 1.27 acres within the City of Fayetteville and is located on the north side of East Huntsville -Road between Stonebridge Road and -the west fork of the White River. Approximately 3.0 acres of the property extends into the county. The portion of this proposal within the City of Fayetteville is zoned RSF-4, Residential Single-family, 4 Units per Acre. On the portion of land located outside the City of Fayetteville, and combined with a larger parcel, Washington County recently approved a Conditional Use and Large Scale Development for a mini -storage facility. Request: The applicant's original request was to rezone the subject property from RSF-4, Single- family Residential, 4 Units per Acre to CS, Community Services. The applicant's main reason to rezone the property is to allow a freestanding or monument commercial sign on the property for an approved mini -storage development on the same lot in the county. After the Planning Commission expressed opposition to the applicant's CS request, the applicant agreed to modify their request to R -A. Land Use Compatibility: R -A is an appropriate zone that has similar and compatible uses to nearby existing properties. Surrounding land use is generally rural, undeveloped, single-family homes, or a trailer park, with a 700 -square foot non -conforming restaurant adjacent to the east. Land Use Plan Analysis: R -A meets the intent of City Plan 2030 designation as Residential Neighborhood. The definition of a Residential Neighborhood area highlights a primarily residential nature with a variety of housing types of appropriate scale and context. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Although Residential Neighborhood encourages traditional neighborhood development with retail and offices on corners and along connecting corridors, this area of town is appropriate for low- density and rural land uses near -to or up -against Huntsville Road, a mostly rural highway. Furthermore, the context of development in this area is mostly rural or natural areas located between Fayetteville proper and the outlying Stonebridge and Elkins communities. New non- residential uses along this primarily rural, residential highway should generally be confined to corner locations whenever possible. The county has approved a mini -storage for the portion of this property in the county. This pending development will change the character of land uses. However, this decision by the county does not necessitate allowing a full-scale commercial zoning on the remainder of the property in the city. The applicant's original request may result in a "spot zone" where an isolated area is zoned at odds with surrounding uses and the comprehensive land use plan of Fayetteville. The proposed R -A zoning would allow a 32 -square foot monument sign as desired by the applicant while preserving the integrity of the City's adopted land use goals and policies. DISCUSSION: On January 9, 2016 the Planning Commission discussed the proposal and could not support CS, Community Services. The Commission discussed R -A, Residential Agriculture as an alternative, which the applicant approved. The proposal forwarding R -A, Residential Agriculture to City Council with a recommendation for approval passed by a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A • Exhibit B • Application • Planning Commission Staff Report RZN 16-5677 HARRIS Close Up View I I i 1 i I I _ I " u1 e ! UJ E-; I " " Subject Property d� G' .Q R-0 z z PRIVAiF-3433" U RSF-4 C-] , iop �" R—A t RSF-, NORTH Residential-Agricultural RSF-1 Legend RSF-4 Feet RMF-24 Planning Area Residential-Office ' 'Fayetteville City Limits 0 75 150 300 450 600 C-1 '- - -' Building Footprint 1 inch - 200 feet Neighborhood Conservation 16-5677 EXHIBIT 'B' A PART OF THE SWI/4 OF THE SE1/4 OF SECTION 13, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SW1/4 OF THE SEI/4; THENCE WITH THE NORTH LINE OF SAID SW1/4 OF THE SE1/4 N87°05'11"W 546.01 FEET; THENCE LEAVING SAID NORTH LINE S02°54'31"W 549.83 FEETTO THE POINT OF BEGINNING, SAID POINT BEING LOCATED ON THE CITY LIMIT LINE OF THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S02°54'31"W 117.57 FEETTO A FOUND IRON PIN; THENCE N87°00'59"W 101.17 FEET TO A FOUND IRON PIN; THENCE S02°38'14"W 167.10 FEET TO A RAILROAD SPIKE FOUND ON THE NORTH RIGHT-OF-WAY LINE OF E. HUNTSVILLE ROAD / ARKANSAS STATE HIGHWAY NO. 16 (80' R/W); THENCE WITH SAID NORTH RIGHT-OF-WAY LINE N77°03'41"W 144.75 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY LINE NO2°55'32"E 299.71 FEETTO THE CITY LIMIT LINE OF THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE WITH SAID CITY LIMIT LINE S77°38'56"E 246.16 FEET TO THE POINT OF BEGINNING, CONTAINING 1.27 ACRES, MORE OR LESS. a Cl"il'Y ���' �+/��'"�+"'d"`l'l;0/li.l_i , ARKANSAS FOR SM1.F USE, MVC Y FIX: 532.1.00 `)ale Applicaliott Strbtmiffmi: Silrrt Pee: 5.5.00 '.)arc: Accepted as Complete: S. P R: Vase /Appeal Memrbei- ahli, llc m-h,g Date:: i!ottt: PIewse fill ml this farm CoInplelcly, stq►pfyiug alI neccssaly irifcmna(ion and domimentalicx) (0 S(rpport y'0111' re�ttt L Yom, applieaiio✓r will tint be, placed arm the platutiag C onumissiort agemla mail /his inJ n -math m is,lartrislie et Application: Indicide 011e ctin(ael perso►t I7m ibis re-tµ►est: Applicant X Represewative. Applicam (petsntt makitig regmee't): Represenlatiret (enghteerf, vtvvepor, retritm-, etc.): Nave: Nathan &,Jody Harris Nyatlle::Peter Farmer (Blew & Associates) Address: 18758 Duncan Road_ Address: 524 W. Sycamore Street, Suite 4 Fayetteville, AR 72701 Fayetteville, AR 72703 _ Ei-nail: Jodyleehubne-L,@hotmail.com /heats:: ( 479 283- 9859 -_ I"7s: Li -mail; Peter@blevwinc.com I'hunc; 479 )41.9-5523 (501)454-1153 Pax: y ( 479) 582-1883 Si(e.Acldress!l.ocaliun: 3530 E. Huntsville Road, Fayet:Leville, AR 72701 t'urr4n( Zoning Disiiie(:� RSF-4 lie gticslc(l Zotiing l)is(ric1: C-1 Asscasor's Parcel NAmil cr(,) fin Ntibicci pr43pejt.N.: 756-1.4263-000 & 756-14262-000 1INAN('//(l, IN77-1WA:5'7,5 `the rolloNvilig s;nlilie:s mmd I qr peolik, have linatneial inleresl in (lis projecl; Nathan & Jody Harris (J&N Rent and Store, LLC) ,llfovk- .?Geld Paw I 0 Al'f'T ff;L\iT/ l7lsl'Rfi,SlirVTrl Tl1�E': I certify under poialty ofpcljury that the fibrogoint; / (5) A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. b. Reason (need) for requesting the zoning change. C. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage, d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. f. Whether the proposed zoning is justified and/or needed at the time of the request. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. ,./(6) The applicant is responsible for meeting the public notification requirements for a Rezoning listed on the Notification Requirements pages in this application. Notice: Resources including current zoning regulations, City Plan 2030, Future Land Use Plan, Master Street Plan and Zoning maps are available for review on our website, www.accessfaytteyille,or and in the Planning Office. All applicants should meet with a staff Planner prior to completing a Rezoning application. Manch 2014 Page 3 CITY OF FayP —V1 • ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Harry Davis, Planner January 19, 2016 UPDATED -WITH RESULTS SUBJECT: RZN 16-5677: Rezone (3535 E. HUNTSVILLE RD./HARRIS, 529): Submitted by BLEW & ASSOCIATES for property at 3535 E. HUNTSVILLE RD . The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends denial of RZN 16-5677 based on the findings in this report. BACKGROUND: The subject property totals 1.27 acres within the City of Fayetteville and is located along East Huntsville Road north of Stonebridge Meadows. Approximately 3.0 acres of the property extends into the county. The portions of this proposal within the City of Fayetteville are zoned mostly RSF- 4, Residential Single-family, 4 Units per Acre with a small portion zoned RMF -24, Residential Multi -family, 24 Units per. On the portion of land located outside the City of Fayetteville, and combined with a larger parcel, Washington County recently approved a Conditional Use and Large Scale Development for a mini -storage facility (see attached). Surrounding land use and zoning is depicted on Table 1. Table 1 - Surrounding Land Use and Zoning Direction from Land Use Zoning Site North Agricultural/Rural residential Washington County Agri/RSF South Single-family homes C-1, Neighborhood Commercial RSF-41 Residential Single-family, 4 The Bar -B -Q Place, Single-family East homes units per acre; R -O, Residential Trailer park Office West RMF -24, Residential Multi -family, 24 units per acre Request: The request is to rezone the site (approximately 1.27 acres) from RSF-4 to CS as the applicant would like to place a freestanding commercial sign on the property for an approved mini - storage development on the same lot in the county. The applicant would also like the option to market the varying commercial aspects of the proposed CS zone to potential future buyers. Public Comment: No public comment as of writing this report. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 INFRASTRUCTURE: Streets: The subject parcel has access to Huntsville Road, a 2 -lane state highway with paved shoulders and open ditches. Huntsville Road is classified as a Major Arterial. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to this parcel. An 8" public water main exists in the Huntsville Road right of way along the parcel frontage. Sewer: Public sewer is available to this parcel. A 6" public sewer main exists in the Huntsville Road right of way along the parcel frontage. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portions of this parcel are identified as 100 -year FEMA regulated floodplains or floodways. No portions of these parcels lie within the Hillside -Hilltop Overlay District. No protected streams are present on this parcel. Fire: The Fire Department has not commented on this proposal. Police: The Police Department has not commented on this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Areas. Such areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non- residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. 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 largely incompatible with nearby properties. Commercial uses permitted in CS such as eating places, offices, retail limited to 25,000 square feet, gas -stations, and small-scale production are generally incompatible with current -or uses in the surrounding zoning when considering potential intensities of these uses. Surrounding land use is generally undeveloped, single-family homes, or a trailer park, with a 700 sq ft. restaurant adjacent to the east that is an existing non -conforming use that was constructed as a non-residential building approximately 30 years ago. The current contextual landscape around this proposal does not allow for intense commercial to be compatible. GAETC\Development Services Review\2016\Development Review\16-5677 RZN 3535 E. Huntsville Rd. (Harris) 529 The maximum height of 56 feet in CS is lower than RMF -24 and R -O, which have a maximum of 60 feet, but taller than the allowed 45 feet in RSF-4. This rezone proposal would therefore be strictly compatible in height to nearby districts. Land Use Plan Analysis: The proposed zoning is incompatible with the Future Land Use Map (FLUM). The definition of a Residential Neighborhood area highlights a primarily residential nature with a variety of housing types of appropriate scale and context. CS has the widest range possible of residential uses, but it also introduces such a broad range of potential commercial uses with variable intensities that render it unable to meet the intent of our 2030 Future Land Use Map. Although Residential Neighborhood also encourages traditional neighborhood development with retail and offices on corners and along connecting corridors, this area of town would be particularly inappropriate for dense and intense development located near -to or up -against Huntsville Road, a mostly rural highway. Furthermore, the context of development in this area is mostly rural or natural areas located between Fayetteville proper and the outlying Stonebridge and Elkins communities, which would be out of place for intense commercial and dense multi -family development allowed by -right in CS. New non-residential uses along this primarily rural, residential highway should generally be confined to corner locations whenever possible. The county has approved a mini -storage for the portion of this property in the county. This pending development will change the character of land uses. However, this decision by the county does not necessitate allowing a full-scale commercial zoning on the remainder of the property in the city. The applicant's request may result in a "spot zone" where an isolated area is zoned at odds with surrounding uses and the comprehensive land use plan of Fayetteville. As discussed in subsequent findings, there are other zoning options that would allow a freestanding sign for the mini -storage development, while still being compatible with surrounding land uses and City Plan 2030. 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 place a sign for an approved development and market the remaining land in the city with a wide range of possible uses. As the site currently exists, RSF-4 is the correct and appropriate zoning for the property, based on its context in a rural/suburban setting and the Future Land Use Map designation as Residential Neighborhood. From that point of view, this rezoning is not well justified when comparing it to the intensity and development pattern of projects found in CS zones. In considering a more appropriate zone for this property that would allow the applicant to place their sign on the property while still meeting the intent of GAETDDevelopment Services Review\2016\Development Review\16-5677 RZN 3535 E. Huntsville Rd. (Harris) 529 Residential Neighborhoods in our Future Land Use Map, a possible zoning district solution is R -A, Residential Agriculture. R -A allows for a free- standing, commercial sign, which is one of the desired outcomes of this rezone proposal. This district allows single-family homes, so it would be relatively close in keeping with the intent of our Future Land Use Map and contextually appropriate to the character of nearby properties. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Huntsville Road. CS zoning would allow greater and more diverse residential and non-residential uses by right, which would increase traffic and significantly increase the number of dangerous left-hand turning movements without a turn lane compared to the existing use and zoning. Huntsville Road has adequate capacity to handle increased traffic, however daily turning movements into a commercial business at this location may be dangerous. 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 RSF-4 to CS would allow a greater density and has the potential to undesirably increase the load on public services more than what is already offered in the existing district. However, this area has access to public services and the requested zoning should not cause significant effects. 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; 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 GAETC\Development Services Review\2016\Development Review\16-5677 RZN 3535 E. Huntsville Rd. (Harris) 529 F RECOMMENDATION: Staff recommends denial of RZN 16-5677 based on the findings discussed throughout this report. BUDGET/STAFF IMPACT: None PLANNING COMMISSION ACTION: Required YES Date: January 9, 2016 O Tabled `Ci Forwarded O Denied Motion: Hoskins Motion to forward with recommendation of Second: Cook R -A ote: 8-0-0 Motion passes Attachments: ■ Unified Development Code sections 161.07 & 161.20 • Request letter ■ Mini -storage in Washington County approval ■ Fayetteville Planning Department comments on Mini -storage ■ One Mile Map • Close -Up Map ■ Current Land Use Map ■ Future Land Use Map GAETC\Development Services Review\2016\Development Review\16-5677 RZN 3535 E. Huntsville Rd. (Harris) 529 • 161.07 - District RSF-4, Residential Single - Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses, Unit 1 Ci -wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. IUnit 2 City-wide uses by conditional use permit Unit 3 Public erotection and utility facilities (Unit 4 Cultural and recreational facilities Unit 5 Government facilities (Unit 9 Two-family dwellings Unit 121 Limited business (Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. (Hillside Overlay Single-family Two (2) family District Lot dwellings dwellings Lot minimum 70 feet 80 feet width 8,000 square 6,000 square Lot area 8,000 square 12,000 square minimum feet feet (Land area per 8,000 square 6,000 square ;we ing unit feet feet (Hillside Overlay !District Lot 60 feet 70 feet iminimum width (Hillside Overlay 81000 square 12,000 square District Lot feet feet area minimum (Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. (Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. IlBuildine Heieht Maximum 1 45 feet I Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11) GAETC\Development Services Review\2016\Development Review\16-5677 RZN 3535 E. Huntsville Rd. (Harris) 529 161.20 - Community Services (A) Put -pose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services 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-family dwellings Unit Three-family dwellings 10 Unit 40 Unit Eating places 13 ,Unit Neighborhood Shopping goods ] 5 !Unit Gasoline service stations and drive-in/drive 18 through restaurants ,unit Home occupations 4 ,Unit Offices, studios and related services 5 Unit Multi -family dwellings 26 Unit -4 Cottage Housing Development ,Unit Small scale production 5 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. Unit 2 City-wide uses by conditional use permit 'Unit 3 Public 2rotection and utility facilities Unit 141 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 351 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None, (D) Bulk and Area Regulations. (1) Lot Width Minimum, Dwelling 18 feet All others None (2) Lot Area Minimum.None. ` (E) Setback regulations. (1') Building Height Regulalions. 13uildin Height Maximum 56 feet (G) A9inimum Buildable Street Frontage. 50% of the lot width. G:\ETC\Development Services Review\2016\Development Review\16-5677 RZN 3535 E. Huntsville Rd. (Harris) 529 A build -to zone that is located between 10 feet Front: and a line 25 feet from the front property line. :Side and rear: None Side or rear, when contiguous to a single- family residential' 15 feet district: (1') Building Height Regulalions. 13uildin Height Maximum 56 feet (G) A9inimum Buildable Street Frontage. 50% of the lot width. G:\ETC\Development Services Review\2016\Development Review\16-5677 RZN 3535 E. Huntsville Rd. (Harris) 529 n BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS Rezoning written request: To Fayetteville Planning Commission Members: SUBJECT: Property Rezone OWNER: AN Rent and Store, LLC 18758 Duncan Road Fayetteville, AR 72701 January 4, 2017 a. The current owner of the two properties is AN Rent and Store, LLC as listed above. The current properties have no pending sales at this time. b. This rezone is being requested to change the property from RSF-4 Residential Single Family to CS Community Services. The site consists of two parcels, both parcels are located on the North side of Hwy 16 and are located within Fayetteville City Limits. Both parcels have frontages along the right-of-way of Hwy 16. The requested rezone will give greater flexibility regarding permitted uses. This flexibility will give the future.developer of the site the ability to more closely mirror surrounding property use types as growth occurs along this commercialized corridor. c. The proposed rezone will align with the adjacent properties and lies on a commercialized corridor that is mixed residential, commercial, and agricultural zonings. The rezone request fits with the purpose definition as it is stated in Fayetteville's UDC for Community Services "designed primarily to provide convenience goods and personal services for persons living the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes.". The property directly to the South across Hwy 16 is currently zoned C-1. The property to the East is currently zoned R-0 and operates as a commercial restaurant. The property to the West is a mobile home park that is currently zoned RMF -24. See included exhibit showing the current zoning of the surrounding properties. In regards to the land use, appearance, and signage the property will follow the ordinances of the City of Fayetteville. In regards to traffic, a small commercial development will not impact Hwy 16 traffic significantly. d. The City of Fayetteville does have a water line and two sewer mains along the property frontage in the right-of-way of Hwy 16. The existing water line is an 8" Pipe. The existing sewer mains include a 36" and 42" pipe. See included exhibit showing existing water and sewer lines. e. The proposed land use map 2030 has this property listed as "Residential Neighborhood Area". See included exhibit showing the Future Land Use Map. The proposed zoning does not entirely align with the future land use map. Although the property lies within a future "Residential Neighborhood Area" it does have frontage along Hwy 16, which is a commercialized corridor. As such, the proposed zoning of CS does fit with defined purposed under the UDC as the design is intended to provide a service to surrounding residents in the neighborhood. The zoning choice was determined after meeting with staff to determine the most compatible zoning type for this property based on need and the surround zoning types. This frontage makes this site the ideal location to allow for a zoning of this type. 524 W. SYCAMORE ST, SUITE 4 • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 f. The proposed rezone to CS is justified forth is property as it fits the surrounding properties zoning. Also, the properties lie on a major corridor that will become increasingly more commercialized as Fayetteville's growth expands outward. After meeting with Staff, we feel this is the most appropriate zoning type for this property. g. The proposed rezoning will create an increase in traffic similarly to properties of the same zoning type and size and will not significantly impact Hwy 16 capacity. h. The proposed zoning will have an overall decrease to the population density. I. It would be impractical to use the property under its current zoning due to multiple constraints preventing a feasible site layout for single family residential developments. The property currently has an existing 50 ft. utility easement running diagonally across the site for the 36" and 42" sewer transmission lines. Factoring this in along with the size and shape of the property, it would not allow for a functional development of residential homes as it is currently zoned for. This site's shape and location make it ideal for a commercial development as it has frontage along a commercialized corridor and allow for the entire property to be utilized more efficiently. Additionally, the existing 50 ft. utility easement that crosses the property could be utilized to provide necessary parking for a commercial development. 21 Page WASHINGTON COUNTY, ARKANSAS Planning Office Date: 11/28/2016 To: COMBS, SHIRLEY cc/ Blew Associates, engineers@blewinc.com cc/ - Jody Hubner Harris, jodyleehubner@hotmail.com cc/ Mathew Wendt, superintedent@fayar.net, (Fayetteville School Tech and PB group) cc/ Harley Hunt, hhunt@fayetteville-ar.gov cc/ Sue Madison, smadison@co.washington.ar.us cc/ Butch Pond, bpond@co.washington.ar.us cc/ Harley Hunt, hhunt@fayetteville-ar.gov cc/ Andrew Garner, Agarner@fayetteville-ar.gov , (Fayetteville Planning Tech and cc/ PB Email Group) cc/ Shane Wood, swood@roundmtnfire.kscoxmail.com cc/ Steven Thompson, steven.thompson@cox.com cc/ Wes Mahaffey, WMahffey@ozarksecc.com; (Ozark Electric PB and Tech Email Group) cc/ Mike Kite, mike.kite@blackhillscorp.com; (Black Hills Corp PB and Tech Review Group List) cc/ Tim Nyander, Tnyander@fayettville-ar.gov cc/ Washington County Road Department cc/ Arkansas -Department of Health cc/ Washington County Fire Marshal From Courtney McNair, Washington County Senior Planner Re 2016-325 Huntsville Rd Storage (Eastside Self Storage) This letter is your official notification that the Conditional Use Permit application for the development known as Huntsville Rd Storage (Eastside Self Storage), located in S -T -R 13-16-30, was approved by the Washington County Planning Board / Zoning Board of Adjustments on 11-10-2016 and was ratified by the Quorum Court on 11-17-2016 with the below stated conditions. 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 Water/PlumbiQg/Fire Conditions: 1. Washington County Fire Marshal's Office requires that two hydrants be placed on site in order to meet State Fire Code. The hydrant in back to be brought up to the edge of the drive, out of the parking area in back, and put some concrete pillars around it so no one can hit it. 2. Fire extinguishers are required to meet 75 feet of travel distance. The extinguishers must be added to the LSD plans. 3. The applicant will be required to meet all City of Fayetteville standards in order to extend the water main to service the required hydrants. 4. The water line must be an 8 -inch line all the way through the site, and loop offsite to the 8 - inch line in the trailer park (not the 4" line). This will need to be updated on the plans. 5. All required easements must be obtained prior to construction plan approval. 6 The entrance gate is required to be siren activated. 7 The Siren Box needs to be set for 15 minutes (be in the stay in the open position for 15 minutes after activation). It must be in YELP mode. The applicant must contact the Fire Marshal for live test every three months per manufacture specifications. 8. No turn radius can be less than 38 -feet throughout the proposal 9. No parking is allowed on the entrance drive. 10. In addition to the "no parking" signs shown on the plans, there should be a "no parking' sign on the gate itself, and additional areas may need to be marked if they must be kept clear for -fire apparatus access 11. All drives must be a minimum of 26 -feet wide and must be compacted to support 75,000lbs in all weather conditions. A statement will be required at Final LSD regarding compaction. 12. Architect plans shall be submitted prior to construction. Must be reviewed and approved by the Washington County's Fire Marshal's Office. Sewer/Septic Conditions: 1. No restroom facilities are approved with this proposal. 2. There must be no interference with the large sewer transmission line crossing the property. Electric/Gas/Cable/Phone Conditions: 1. Generally; any damage or relocation of existing facilities will be at the owner's expense. 2. Ozarks Electric also commented that any power line extension that has to be built to the property will be at the owner's expense. The cost will be determined after the owner makes application for electric service and the line has been designed. Ozarks also provided a diagram to the engineer that showed easements needed to supply power and keep existing utilities in the U.E These have been updated on the plans. Roads/Sight Visibility!Ingress-Egress/Parking Conditions: 1. A permit from the Arkansas Highway and Transportation Department (AHTD) is required prior to any work being completed in the right-of-way. Drainage Conditions: 1. The Washington County Contract Engineer has reviewed the corrected drainage report for this project and had an additional comment, "Pre vs Post Study Point No 1 shows an increase of 6.54 cfs and decrease in flow at Study Point No 2 due to a portion of pre - development subbasin 2 being routed to the proposed detention area. A third study point should be considered downstream that incorporates the subbasins and any additional off- site areas to determine the overall pre vs post condition flows. This would account for routing water though all subbasins within the development and determining the peak flow leaving the site. See attached marked -up exhibits from the drainage report as an example for Study Point No 3." 2. This project must also comply with all City of Fayetteville requirements. A grading permit will be required through the City of Fayetteville for work on the proposed detention pond 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 City of Fayetteville Engineerinq Conditions: 1. Part of this project is located within the City of Fayetteville city limits. The portion of this project proposed in the city limits includes the addition of approximately 22,000 square feet of new impervious surface. This portion of the project will be required to show compliance with the 4 minimum standards of the city's drainage criteria manual and will be required to submit a grading permit application for review and approval prior to start of work. The applicant should review the recent changes to the drainage manual located here prior to detailed design work: Iticp:Ihvivrv.tayetlevilir-r.o�Illncrsn�cntC"ce�te3ltEc�ir�iJVi��ili? €( . 2. The remaining portion of this project is located outside the city limits and should meet all drainage requirements per county standards. The portion of this project located in the county is proposed to drain back into the city limits, be detained in an earthen pond, and be released within the city limits. Therefore, the drainage design for the county portion of this project must be reviewed and approved as part of the grading permit for the city of Fayetteville as mentioned above to ensure compliance with county standards. Environmental Conditions: 1. At this time, no stormwater permit is required by Washington County-, however, the applicant must comply with all rules and regulations of the Arkansas Department of Environmental Quality (ADEQ). Signage/Lighting/Screening Conditions: 1. Additional lighting information is needed. In addition to an updated lighting diagram, staff has asked the applicant to indicate whether the lights will be on 24/7, or if they will be timed or motion activated. 2. All outdoor lighting must be shielded from neighboring properties. Any lighting must be indirect and not cause disturbance to drivers or neighbors. All security lighting must be shielded appropriately. 3 The applicant must leave the existing vegetation intact on the north and east property lines 4. The applicant must leave a portion of the south property line vegetation intact, as indicated -on the plans. 5. For screening purposes, the applicant must plant a screening buffer, along a 6 -foot high chain-link fence on the east property line, as indicated in the plans. 6. A sign is proposed to be located within the City of Fayetteville portion of the site, near Highway -16 E. (Huntsville Road). The applicant is aware that this sign is contingent on City of Fayetteville rezoning approval, and that they must follow all City of Fayetteville requirements regarding the proposed sign. Standard Conditions: 1. This project should be developed generally as stated in the applicant's CUP letter, as detailed on the plans, and with additional conditions proposed by staff. It is understood that there may be slight variations. 2. Pay neighbor notification mailing fees ($185.85) within 30 days of project hearing. Any extension must be approved by the Planning Office (invoice was mailed to applicant on 11/1/16) 3. Pay engineering fees. This total will be calculated at the Final LSD phase for this project once all invoices are received. 4. Any further splitting or land development not -considered with this approval must be reviewed by the Washington County Planning Board/Zoning Board of Adjustments. 5. A statement from the applicant, owner, architect or engineer must be submitted prior to the building being occupied that says the building, parking, and access, are in compliance with all ADA regulations. 6. Hours of operation must be generally as stated (7:00 am- 8:00 pm). 7. The Landscape Maintenance and Grounds -Keeping Maintenance Schedule must be generally followed as proposed. 8 This CUP must be ratified by the Quorum Court. No CUP is fully approved until it is ratified 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 by the Quorum Court and the appeal period has passed. 9. The County Ordinance allows for an appeal period for any Party: a licant nei hbor member of the public, etc) within 30 days of the Planning Board/ZBA approval. Even if the Quorum Court ratifies the CUP; the right of appeal remains until the 30 days has passed. If an appeal is filed within the 30 day period then a subse uent hearing will be scheduled and held by the Quorum Court. 10. It is the applicant's responsibility to contact the Planning Office when inspections are needed. 11. All conditions shall be adhered to and completed in the appropriate time period set out by ordinance. o This project requires additional review (Subdivision or Large Scale Development), and therefore, the applicant must submit for Preliminary project review within 12 months of this CUP project's ratification. Additional Conditions_ agreed upon by the applicant and neighbors: 1. Regarding the neighbors to the North: • Lighting: We ask that every possible effort be made to use a lighting design that keeps lighting on the site, thereby minimizing the lighting impacts to our property. Following our conversation with Nathan and visit to the site, we are more assured that the proposed lighting will be well contained to the site with the current design which locates lights at the corners of the buildings and directs the lighting in a downward cast. • Vegetative buffer and clearing: We request that every effort be made to minimize the removal of vegetation along our property boundary. We agree with the guideline of removing vegetation of 4" diameter or less, which has been applied to other property boundaries. We would like to see that same guidance applied along our property boundary as well. We had a great discussion with Nathan with regard to the vegetative buffer and he invited us to come out again when they begin working on the fencing to further provide input on the vegetative clearing. We sincerely appreciate his willingness to continue the conversation about the vegetative buffer. • Fencing: After meeting with Nathan, visiting the site and discussing the vegetative buffer options, we feel much more at ease about the fencing. We agree with the proposed 6' chain-link fence with Carolina jessamine planted as an additional vegetative buffer (on the north line in addition to the west line). 2 Regarding the neighbors to the East: • Prefer to be as close to the existing fence/property line as possible Under -brush may be cut back, but large trees must be protected. • Prefer to have barbed wire on top for added security. • Keep the grading as close to three feet of fill or less to minimize impact to adjacent residences on the South / East side. Courtney McNair, Washington County Senior Planner cmcnair@co.washington.ar. us The County Ordinance allows for an appeal period (for any party: applicant, neighbor, member of the public, etc) within 30 days of the Planning Board/ZBA approval. Even if the Quorum Court ratifies the CUP; the right of appeal remains until the 30 days has passed. If an appeal is filed within the 30 day period then a subsequent hearing will be scheduled and held by the Quorum Court. Please keep this in mind as you proceed with your project. 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 WASHINGTON COUNTY, ARKANSAS Planning Office Date: 11/28/2016 To: COMBS, SHIRLEY cc/ Blew Associates, engineers@blewinc.com cc/ Jody Hubner Harris, jodyleehubner@hotmail.com cc/ Mathew Wendt, superintedent@fayar.net, (Fayetteville School Tech and PB group) cc/ Butch Pond, bpond@co.washington.ar.us cc/ Harley Hunt, hhunt@fayetteville-ar.gov cc/ Andrew Garner, Agarner@fayetteville-ar.gov, , (Fayetteville Planning Tech and PB Email Group) cc/ Shane Wood, swood@roundmtnfire.kscoxmail.com cc/ Steven Thompson, steven.thompson@cox.com cc/ Wes Mahaffey, WMahffey@ozarksecc.com; (Ozark Electric PB and Tech Email Group) cc/ Mike Kite, mike.kite@blackhillscorp.com; (Black Hills Corp PB and Tech Review Group List) cc/ Tim Nyander, Tnyander@fayettville-ar.gov cc/ Washington County Road Department cc/ Arkansas Department of Health cc/ Washington County Fire Marshal From: Courtney McNair, Washington County Senior Planner Re: 2016-326 Huntsville Rd Storage (Eastside Self Storage) This letter is your official notification that the Preliminary Large Scale Development application for the development known as Huntsville Rd Storage (Eastside Self Storage), located in S -T -R 13-16-30, was approved by the Washington County Planning Board / Zoning Board of Adjustments on 11-10-2016 with the below stated conditions. 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 WaterfPlumbinmlFire Conditions: 1. Washington County Fire Marshal's Office requires that two hydrants be placed on site in order to meet State Fire Code. The hydrant in back to be brought up to the edge of the drive, out of the parking area in back, and put some concrete pillars around it so no one can hit it. 2 Fire extinguishers are required to meet 75 feet of travel distance. The extinguishers must be added to the LSD plans. 3. The applicant will be required to meet all City of Fayetteville standards in order to extend the water main to service the required hydrants. 4. The water line must be an 8 -inch line all the way through the site, and loop offsite to the 8 - inch line in the trailer park (not the 4" line). This will need to be updated on the plans. 5. All required easements must be obtained prior to construction plan approval. 6. The entrance gate is required to be siren activated. 7. The Siren Box needs to be set for 15 minutes (be in the stay in the open position for 15 minutes after activation). It must be in YELP mode. The applicant must contact the Fire Marshal for live test every three months per manufacture specifications. 8. No turn radius can be less than 38 -feet throughout the proposal 9. No parking is allowed on the entrance drive. 10. In addition to the "no parking" signs shown on the plans, there should be a "no parking" sign on the gate itself, and additional areas may need to be marked if they must be kept clear for fire apparatus access. 11. All drives must be a minimum of 26 -feet wide and must be compacted to support 75,O00lbs in all weather conditions. A statement will be required at Final LSD regarding compaction. 12. Architect plans shall be submitted prior to construction. Must be reviewed and approved by the Washington County's Fire Marshal's Office. 13. The Fire Marshal will inspect all improvements prior to the building being occupied. Sewer/Septic Conditions: 1. No restroom facilities are approved with this proposal. 2 There must be no interference with the large sewer transmission line crossing the property Electric/Gas/Cable/Phone Conditions: 1. Generally, any damage or relocation of existing facilities will be at the owner's expense. 2 Ozarks Electric also -commented that any power line extension that has to be built to the property will be at the owner's expense. The cost will be determined after the owner makes application for electric service and the line has been designed. Ozarks also provided a diagram to the engineer that showed easements needed to supply power and keep existing utilities in the U.E. These have been updated on the plans. RoadslSieilit Visibility/lr7gress-Egre_sslParkinaC_onditions_: A permit from the Arkansas Highway and Transportation Department (AHTD) is required prior to any work being completed in the right-of-way Drainage Conditions: 1. The Washington County Contract Engineer has reviewed the corrected drainage report for this project and had an additional comment, "Pre vs Post Study Point No 1 shows an increase of 6.54 cfs and decrease in flow at Study Point No 2 due to a portion of pre - development subbasin 2 being routed to the proposed detention area. A third study point should be considered downstream that incorporates the subbasins and any additional off- site areas to determine the overall pre vs post condition flows. This would account for routing water though all subbasins within the development and determining the peak flow leaving the site. See attached marked -up exhibits from the drainage report as an example for Study Point No 3." 2. This project must also comply with all City of Fayetteville requirements. A grading permit will be required through the City of Fayetteville for work on the proposed detention pond. 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 City of Fayetteville Enar'neerin,g Conditions: 1. Part of this project is located within the City of Fayetteville city limits. The portion of this project proposed in the city limits includes the addition of approximately 22,000 square feet of new impervious surface. This portion of the project will be required to show compliance with the 4 minimum standards of the city's drainage criteria manual and will be required to submit a grading permit application for review and approval prior to start of work. The applicant should review the recent changes to the drainage manual located here prior to detailed design work: httg://www.fayetteville-ar.gov/DocumentCenter/Honle/ViewtI 0546. 2. The remaining portion of this project is located outside the city limits and should meet all drainage requirements per county standards. The portion of this project located in the county is proposed to drain back into the city limits, be detained in an earthen pond, and be released within the city limits. Therefore, the drainage design for the county portion of this project must be reviewed and approved as part of the grading permit for the city of Fayetteville as mentioned above to ensure compliance with county standards. Environmental Conditions: 1. At this time, no stormwater permit is required by Washington County; however, the applicant must comply with all rules and regulations of the Arkansas -Department of Environmental Quality (ADEQ). Addressing Conditions: 1. The applicant must apply for a 911 address to be assigned. Signacre1UghtiRg1Screening Conditions: 1. Additional lighting information is needed. In addition to an updated lighting diagram, staff has asked the applicant to indicate whether the lights will be on 24/7, or if they will be timed or motion activated. 2 All outdoor lighting must be shielded from neighboring properties. Any lighting must be indirect and not cause disturbance to drivers or neighbors. All security lighting must be shielded appropriately. 3. The applicant must leave the existing vegetation intact on the north and east property lines 4 The applicant must leave a portion of the south property line vegetation intact, as indicated on the plans. 5. For screening purposes, the applicant must plant a screening buffer, along a 6 -foot high chain-link fence on the east property line, as indicated in the plans. 6. A sign is proposed to be located within the City of Fayetteville portion of the site, near Highway 16 E. (Huntsville Road). The applicant is aware that this sign is contingent on City of Fayetteville rezoning approval, and that they must follow all City of Fayetteville requirements regarding the proposed sign. Additional and Standard Conditions: 1. Please note that most of these conditions are similar to the ones on CUP 2016-325, however, there are differences between the projects. Take care to read ALL conditions carefully. 2. Make the required corrections to the plans: Checklist items remaining: (highlighted) All LSD Plans presented to the planning board and filed for record shall note (9) the uses of adjacent property. The determination of said use shall be the responsibility of the developer. (sec. 13-1) Existing roads, streets, culverts, railroads, and other features: The LSD plan shall show the location, name, width, surface type, surface condition and (10) right-of-way width of all existing or platted roads, streets or other public ways within or adjacent to the proposed improvement, including features such as existing permanent buildings, water courses, railroads, municipal corporation limits, county's state lines, planninq district limits, oil and qas lines or wells, 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 abandoned wells and dry holes. Plat and deed restrictions: Restrictions, if any, with use and perimeters (15) defined. Plat restrictions should be certified as to current legality by a member of the Arkansas Bar. Are there any? If none, add a note to the plans stating there are none. (Signature Block 6) (17) Street typical sections and pavements sections for each classification of street. Additional Plan corrections: • Remove signature blocks until Final Large Scale Development Plans are submitted. 3. This project should be developed generally as stated in the applicant's CUP letter, as detailed on the plans, and with additional conditions proposed by staff. It is understood that there may be slight variations. 4. All conditions approved with proiect 2016-325 shall apply to this proiect. 5. Pay neighbor notification mailing fees ($185.85) within 30 days of project hearing. Any extension must be approved by the Planning Office (invoice was mailed to applicant on 11/1/16). 6. Pay engineering fees. This total will be calculated at the Final LSD phase for this project once all invoices are received. 7. Any further splitting or land development not considered with this approval must be reviewed by the Washington County Planning Board/Zoning Board of Adjustments. 8. A statement from the applicant, owner, architect or engineer must be submitted prior to the building being occupied that says the building, parking, and access, are in compliance with all ADA regulations 9. Hours of operation must be generally as stated (7:00 am- 8:00 pm). 10. The Landscape Maintenance and Grounds=Keeping Maintenance Schedule must be generally followed as proposed. - 11. The Preliminary Large Scale Development aroval is contingent on the Conditional Use Permit (CUP),approval. This includes Planning Boardl Zoning Board of Ad'ustments PBIZBA CUP apnroval, CUP Ratification by the Quorum Court and no CUP appeal being filed within 30 days of the PBIZBA approval. 12. Prior to construction al, I updated site and building plans must be submitted to the Planning Office and approved (2 copies for review). 13. No construction_ may be -gin until Preliminary LSD Plans (2 copies) have been submitted with all corrections shown and approved by Planning Staff. 14. Once construction is commenced, it is the applicant's responsibility to inform the Planning Office. 15. It is the applicant's responsibility to contact the Planning Office when inspections are needed. 16. All conditions shall be adhered to and completed in the appropriate time period set out by ordinance. a) Construction must commence within 12 months of this approval or Preliminary LSD approval will be void. 17. Final Large Scale Development approval will be required prior to occupation of this proposed storage unit facility. Courtney McNair, Washington County Senior Planner cmcnair@co.washington.ar us 2615 Brink Drive Fayetteville, Arkansas 72701 Telephone: (479) 444-1724 Fax: (479) 444-1786 RZN 16-5677 HARRIS Close Up View .r 1 w � � f Q � I a R -O PRIVATE 31133 HUI`1 R -A RSF-1 ml J T RSF-4 's NORTH Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Residential -Agricultural RSF-1 RS F-4 RMF -24 Residential -Office C-1 Neighborhood Conservation RZN 16-5677 HARRIS One Mile View 0 0.125 0.25 1 VS?S\_© + { 1 RSF-4 ' 1 I r r IiIIF_.{ I Y 1 r Y Subject Property 0.5 Miles 7 u y W t m Of Q A RS%1 H ~ ♦ 4 I RSF-7 NIS R -.A \ `: 1 1 r IroRMA9 EXTRACTION r RESYOEa+i7At SIlMiLEJAMILY IIIIIIII - s' "^ q anmai COMMERCIAL ReS Resieenliai °iAce J RSf.15 Legend RSF] z ' 1 RSFa FORM BASED DISTRICTS �- - Planning Area IDEM a°maeTror° gMare RESW 12RALMULTI-FAMILY ,�,.; roam sueel cen,er Fayetteville Limits`R-'=Rewe""a'."°a"er"'ee`am'" Y Y RMF' RMF -t3 JegM°iro°e ServKes RMF1B NngML°rroge CM�rservalnn +®+Ila+ Trail (Proposed) _.. RMF°< PLANNED ZONING DISTRICTS PlanningArea r i.a"F^" °ammer°a. ealrarReae°e Building Footprint NDUSTRIAL NBT TUTIONALM Fayetteville City Limits ter se arnwvu is a qN °e�rer t RZN 16-5677 HARRIS I A& Current Land Use NORTH sk t� �p -• IUB c Mobile Home Park �a.r r„�, �•wi - Subject Property y rk t1441 �J -• .•—XII < • 'lam^ � .i � f f � y.{ "�, 1t 'r PRIVATE .333 w " � '���'' :., � � �'' �,'•$ �.�{. or 04 Ts oo •r°Ra � ' Jw- r T . 201 Ilr,��Fly �RZN16-5677 FEMA Flood Hazard Data 6lreel Streets Planned MSP Class ;♦ 100-YearFloalpl.am COLLECTOR _ MINOR ARTERIAL Feet F lUl ll_ way COLLECTOR - MINORARTERIAL 0 112.5 225 450 675 900 Mt,W21,, PR INCI PAL ARTERIAL 4 .IPlanning Area 1 inch = 300 feet �'i l Fayr,R-ille City woos RZN 16-5677 Future Land Use sr� Legend I W Q ix a Planning Area �- - - Fayetteville City Limits Building Footprint NORTH ! r ! r f r 0. t f � r r f � r a r PRUATE 3433 Feet 0 75 150 300 450 600 1 inch = 200 feet z z z U FUTURE LAND USE 2030 Natural Area Rural Area Residential Neighborhood Area Civic Institutional RECEIVED FEB 2 3 2017 NORTHWEST ARKANSAS c,,,.Y CLERKS OFFICE Democrat V azette ?.J. WX _610R (,- i _ `I. _,_, AR, r ,702 < �)-aZ<- lv 'A_X. ' `E r 1.18 p S , ri .' aiA G,,�( H 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. 5949 Was inserted in the Regular Edition on: February 16, 2017 Publication Charges: $ 66.30 Kareh Caler Subscribed and sworn to before me This `?,Dday of (:�'b , 2017. &-U, L Notary Public ( My Commission Expires: I 97118cob 20, 2024 R **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5949 File Number: 2017-0017 RZN 16-5677 (3535 E. HUNTSVILLE RD./HARRIS): AN ORDINANCE TO REZONE ABOUT t "27 ACRES DESCRIBED IN REZONING PETITION 16-5677 LOCATED AT 3535 EAST HUNTSVILLE ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY - FOUR UNITS PER ACRE TO R -A, RESIDENTIAL AGRICULTURE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: 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 legal description (Exhibit B) both attached to the Planning Department's memo from RSF-4, Residential Single Family, 4 Units per acre to R -A, Residential Agriculture. 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 2/7/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74025627 Feb. 16, 2017