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HomeMy WebLinkAboutORDINANCE 5976113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5976
File Number: 2017-0236
RZN 17-5756 (2621 E. MISSION BLVD./ERC HOLDINGS, LLC):
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Doc TD: 017493540003 Type: REL
Kind: ORDINANCE
Recorded: 05/1512017 at 02:20:42 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
Fi1e2017-00018071
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
5756 FOR APPROXIMATELY 2.62 ACRES LOCATED AT 2621 EAST MISSION BOULEVARD
FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from C-1, Neighborhood Commercial to CS,
Community Services.
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 5/16/2017
Attest:
Sondra E. Smith, City Clerk TreaaS1.11- !'r,
iiGTwis►+►'i��
Page 1 Printed on 5/17/17
RZN 17-5756 ERC HOLDINGS, LLC 17-5756
Close Up View EXHIBIT W
o
R -O
w �
_ D
� w
Subject Property N
U
1
GOLDENROD ST
C-1
PETUNIA CT
RSF-4
s DEWBERRY CT
Legend
Planning Area
Fayetteville City Limits Feet
Trail (Proposed) 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
RSF-4
dbL RMF -24
Residential -Office
C-1
C-2
17-5756
EXHIBIT 'B'
SURVEY DESCRIPTION;
PART OF THE SE/4 OF THE SE/4 OF SECTION 2, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SE/4 OF THE SE/4; THENCE N87°00'11"W 417.50
FEET; THENCE S02°59'49"W 89.15 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS
STATE HIGHWAY 45 (R/W VARIES); THENCE S03°03'27"W 274.72 FEET TO AN EXISTING 1/2" REBAR
(RLS1380) AND THE POINT OF BEGINNING; THENCE S03°03'27"W 130.39 FEET TO THE NORTHEAST
CORNER OF LOT 30 OF THE GLENBROOK SUBDIVISION, PHASE II AS RECORDED IN PLAT BOOK 13 AT PAGE
51; THENCE ALONG THE NORTH LINE OF SAID GLENBROOK SUBDIVISION, PHASE II N87°16'24"W 427.00
FEET TO AN EXISTING REBAR (RLS852); THENCE NO3°00'54"E 418.79 FEET TO AN EXISTING REBAR
(RLS1642) ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY 45 AS RECORDED IN
DOCUMENT 2007-26189; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S86°28'55"E 77.50 FEET TO
AN EXISTING CHISELED "X" IN CONCRETE; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE
S82°00'50"E 128.37 FEET TO AN EXISTING REBAR; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE,
S03°03'27"W 274.29 FEET; THENCE S86°56'33"E 221.91 FEET TO THE POINT OF BEGINNING, CONTAINING
2.619 ACRES, MORE OR LESS, BEING SUBJECT TO PUBLIC ROAD RIGHTS-OF-WAY AND ANY EASEMENTS OF
RECORD, ACCORDING TO A SURVEY BY ANDERSON SURVEYING, INC. R.L.S. # 1272, JOB #16-11-10.
BEING THE SAME AS TRACT B, 2.62 ACRES, OF METROPOLITAN NATIONAL BANK MISSION BOULEVARD
TRACT SPLIT, BY RLS 1380, JOB # 07034_SPLIT, DATED 08-06-2007; FILED 08-30-2007 AS FILE # 2007-
00033370.
Washington County, AR
I certify this instrument was filed on
06/15/2017 02:20:42 PM
and recorded in state
File Number 2 17-000 807
Kyle Sylveste - Circ " Cl
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0236
Agenda Date: 5/16/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 3
RZN 17-5756 (2621 E. MISSION BLVDJERC HOLDINGS, LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
17-5756 FOR APPROXIMATELY 2.62 ACRES LOCATED AT 2621 EAST MISSION
BOULEVARD FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I. 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 C-1, Neighborhood Commercial to CS,
Community Services.
Section ? 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 511712017
Andrew Garner
Submitted By
4
City of Fayetteville Staff Review Form
2017-0236
Legistar file ID
5/16/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/28/2017 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 17-5756: Rezone (2621 E. MISSION BLVD./ERC HOLDINGS, LLC, 371): Submitted by ERC HOLDINGS, LLC. for
property at 2621 E. MISSION BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains
approximately 2.62 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
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
$
Approval Date:
V20140710
CITY OF
MilleW ay%
CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF MAY 16, 2017
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: April 28, 2017
SUBJECT: RZN 17-5756: Rezone (2621 E. MISSION BLVD./ERC HOLDINGS, LLC, 371):
Submitted by ERC HOLDINGS, LLC. for property at 2621 E. MISSION BLVD. The
property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains
approximately 2.62 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
The City Planning staff and Planning Commission recommend approval of an ordinance to rezone
the subject property to CS, Community Services, as shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property contains one parcel totaling 2.32 acres located on the south side of Mission
Boulevard, -just west of Crossover Road/Highway 265. The property is currently zoned C-1,
Neighborhood Commercial, and is developed with a single-family dwelling built in 1955. A
commercial driveway is built across the subject property's frontage, serving First National Bank
on the property to the east, and giving access to Mission, a Principal Arterial -classified street.
Although Flynn Creek runs through the parcel to the southeast, the subject property is not
encumbered by FEMA -identified floodplain.
Request: The request is to rezone the property from C-1, Neighborhood Commercial, to CS,
Community Services to allow greater possibility for future mixed-use development.
Land Use Compatibility: The proposed zoning is generally compatible with the surrounding
mixture of existing non-residential and single-family residential uses. The immediate area
contains a range of development types. Further west along Mission Boulevard are single-family,
two-family, townhome, office, and restaurant uses that act as a transitional area from the large
areas of single-family housing to the busy intersection at Mission and Crossover. The proposal of
CS zoning would allow increased density and potential for commercial and mixed use that could
serve the neighborhood, encouraging a pattern of development that staff finds compatible with
existing properties. Furthermore, the existing C-1 zoning allows an identical maximum building
height to that permitted under CS, but whereas the CS zoning district requires development in a
build -to -zone adjacent to City streets, the C-1 zoning utilizes suburban building setbacks.
Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map
(FLUM) which designates the subject and surrounding properties as City Neighborhood Area.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
One of the primary goals of City Plan 2030 is for zoning decisions to be made that help create
complete neighborhoods and make traditional town form the standard. A complete neighborhood
should provide a mix of uses and housing types where residents can live, work, and play all in the
same neighborhood. This policy is embedded in the description of City Neighborhood Areas by
supporting a wide variety of uses and densities, particularly along connecting corridors, like
Mission Boulevard. The proposed rezoning to CS on the subject property addresses this goal by
permitting a wide spectrum of residential and non-residential uses. The CS zoning district creates
the potential for mixed-use developments that encourage walkability and less dependence on
vehicles for transportation.
The proposed rezoning also addresses City Plan 2030's prioritization of appropriate infill and the
discouragement of suburban sprawl. While development under either the existing or proposed
zoning districts may reduce the need to extend water and sewer service, or stretch existing fire
and police department resources, the CS zoning district and its wide variety of allowed uses can
reduce the firm separation of land uses that result in sprawling development.
Staff finds that the proposed zoning is justified and needed to accommodate development of the
property in accordance with the goals outlined in the city's comprehensive plan. Also, the
proposed zoning district can beneficially increase residential densities along a major corridor and
provide convenience goods and personal services for persons living on the subject property or in
the surrounding residential areas.
DISCUSSION:
On April 24, 2017 the Planning Commission forwarded the proposal to City Council with a
recommendation for approval passed by a vote of 7-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
• Application
■ Planning Commission Staff Report
17-5756
EXHIBIT 'B'
SURVEY DESCRIPTION:
PART OF THE SE/4 OF THE SE/4 OF SECTION 2, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SE/4 OF THE SE/4; THENCE N87°00'11"W 417.50
FEET; THENCE S02°59'49"W 89.15 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS
STATE HIGHWAY 45 (R/W VARIES); THENCE S03°03'27"W 274.72 FEET TO AN EXISTING 1/2" REBAR
(RLS1380) AND THE POINT OF BEGINNING; THENCE S03°03'27"W 130.39 FEET TO THE NORTHEAST
CORNER OF LOT 30 OF THE GLENBROOK SUBDIVISION, PHASE II AS RECORDED IN PLAT BOOK 13 AT PAGE
51; THENCE ALONG THE NORTH LINE OF SAID GLENBROOK SUBDIVISION, PHASE II N87°16'24"W 427.00
FEET TO AN EXISTING REBAR (RLS852); THENCE NO3°00'54"E 418.79 FEET TO AN EXISTING REBAR
(RLS1642) ON THE SOUTH RIGHT-OF-WAY LINE OF ARKANSAS STATE HIGHWAY 45 AS RECORDED IN
DOCUMENT 2007-26189; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S86°28'55"E 77.50 FEET TO
AN EXISTING CHISELED "X" IN CONCRETE; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE
S82°00'50"E 128.37 FEET TO AN EXISTING REBAR; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE,
S03°03'27"W 274.29 FEET; THENCE S86°56'33"E 221.91 FEET TO THE POINT OF BEGINNING, CONTAINING
2.619 ACRES, MORE OR LESS, BEING SUBJECTTO PUBLIC ROAD RIGHTS-OF-WAY AND ANY EASEMENTS OF
RECORD, ACCORDING TO A SURVEY BY ANDERSON SURVEYING, INC. R.L.S. # 1272, JOB #16-11-10.
BEING THE SAME AS TRACT B, 2.62 ACRES, OF METROPOLITAN NATIONAL BANK MISSION BOULEVARD
TRACT SPLIT, BY RLS 1380, JOB # 07034_SPLIT, DATED 08-06-2007; FILED 08-30-2007 AS FILE # 2007-
00033370.
4
CITY OF FAYETTEVILLE, ARKANSAS
REZOI'I+TING la, �
17OR STAFF USE ONLY FEE: $325.00
Jtue Application Submitted: Sign Fee: $5.00
lute accepted as Complete: SJ -R
Lase /Appeal Number: �� ppfl: �� I
'ublic Hearing Dale 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 is furnished.
Applicatiott;
Indicate one contact person for this request:
Applicant (person making request):
Name: ERC Holdings, LLC
Gr dusc• FRC 5109 C Pinnacle Hills
Parkway Roecrs _AR 72758_
E-mail. 11swanson Rerc.com
Applicant Representative
Representative (engineer, surveyor, reallor, etc.):
Name. \•Sart' Acle-(:nrrirk air f'miguu it)n
Mager
Address: ERC, 5102 S. Pinnacle Pkwy, Rogers,
AR 72758
E-mail:mmcgetrickcr erc.com
Phone: Phone:
! 479) 478-5103 ( 479 ) 650-0523
( ( )
Pax: Pax;
( Y ( l
Site Address / Location: 2621 E Mission Blvd., Fayetteville, AR 72701
Current Zoning District: Neighborhood Commercial Requested Zoning District: Community Services District
Assessor's Parcel Number(s) for subject property: 765-13339-000
FLNANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
Mai ch 2014
Page I
APPLICANT/REPRESENTATIVE: 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. 1 understand that submittal of incorrect or false information is grounds for invalidation
of application compleleness, determination, or approval. I understand that the City night not approve what I am
applying for, or might set conditions on approval.
Name (printed): Mary McGetrick D'ac:
PROPERTY OWNER(S) /AUTHORIZED AGENT: Uwe 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 letter from each property owner must be provided indicating that
the agent is authorized to act on hfslher behalf.)
Property Owners of Record (attach additional Info if necessary):
Name {printedl: '.1 � ��G�f ► %I iry+twt�dress: O ;t h Drf
Phone:
Da 1c: t It 7P D I317
Name (printed): Address:
Signature:
Phone:
Date: F ( 1
Rezoning Checidist:
Attach the following'itenls to this application:
(l) 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 M5 Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (wivw.co.washin to¢ n.anus). 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 everyadjacent property shall
be shown on this map.
,trarch 2014
Page 2
CITY OF
Tye
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
April 24, 2017 (Updated with Planning Commission Results)
SUBJECT: RZN 17-5756: Rezone (2621 E. MISSION BLVD./ERC HOLDINGS, LLC,
371): Submitted by ERC HOLDINGS, LLC. for property at 2621 E.
MISSION BLVD. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 2.62 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends_ forwarding RZN 17-5756 with a recommendation for approval based on the
findings herein.
BACKGROUND:
The subject property contains one parcel totaling 2.32 acres located on the south side of Mission
Boulevard, just west of Crossover Road/Highway 265. The property is currently zoned C-1,
Neighborhood Commercial, and is developed with a single-family dwelling built in 1955. A
commercial driveway is built across the subject property's frontage, serving First National Bank
on the property to the east, and giving access to Mission, a Principal Arterial -classified street.
Although Flynn Creek runs through the parcel to the southeast, the subject property is not
encumbered by FEMA -identified floodplain. Surrounding land use and zoning is depicted on Table
1.
Table 1
Surroundina Land Use and Zoning
Direction
Land Use
Zoning
North
Kantz Center Strip Commercial Development
C-1, Neighborhood Commercial
South
Glenbrook Single-family Subdivision
RSF-4, Residential Single-family, 4 Units per Acre_
East
16' National Bank;
Carwash
C-1, Neighborhood Commercial;
C-2, Thoroughfare Commercial
West
Glenbrook Single-family Subdivision
RSF-4, Residential Single-family, 4 Units per Acre
Request: The request is to rezone the property from C-1, Neighborhood Commercial, to CS,
Community Services to allow greater possibility for future mixed-use development.
Public Comment: Staff has received concerns from a neighbor in the subdivision to the south that
a multi -family or non-residential development may utilize the existing right-of-way on the southern
line of the subject property to connect through the existing single-family neighborhood.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
INFRASTRUCTURE.
Streets: The subject property has direct access to Mission Boulevard/Highway 45.
Although designated a Principal Arterial by the Master Street Plan, Mission is not
improved as such, with some open ditch remaining on the western end of the
subject property. Additional access is possible by way undeveloped right-of-way
to Petunia Court to the south. Any development improvements required in these
areas would be determined at the time of development.
Water: Public water is available to the site. There is an existing 8 -inch water main along
the Mission Boulevard right-of-way and stubbed across the street to the property's
frontage.
Sewer: Public sewer is available to the site. There is an existing 8 -inch sewer main along
the Mission Boulevard right-of-way and stubbed across the street to the property's
frontage.
Drainage: Any additional improvements or requirements for drainage would be determined
at time of development. No portion of this property lies within the FEMA -designated
100 -yr floodplain or the Hillside -Hilltop Overlay District (HHOD). A protected
stream, Flynn Creek, runs southeast of this parcel, but no hydric soils have been
identified on-site.
Fire: The Fire Department did not express any concerns with. the request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the properties within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas anti
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 generally compatible with
the surrounding mixture of existing non-residential and single-family
residential uses. The immediate area contains a range of development types.
Further west along Mission Boulevard are single-family, two-family,
townhome, office, and restaurant uses that act as a transitional area from the
large areas of single-family housing to the busy intersection off Mission and
Crossover. The proposal of CS zoning would allow increased density and
potential for commercial and mixed use that could serve the neighborhood,
encouraging a pattern of development that staff finds compatible with
existing properties. Furthermore, the existing C-1 zoning allows an identical
maximum building height to that permitted under CS, but where as the CS
GAETC\Development Services Review\2017\Development Review\17-5756 RZN
2621 E. Mission Blvd. (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
zoning district requires development in a build -to -zone adjacent to City
streets, the C-1 zoning utilizes suburban building setbacks that can lead to
development being placed further from Mission Boulevard, and nearer the
single-family subdivision to the south.
Land Use Plan Analysis: The proposed zoning is compatible with the Future
Land Use Map (FLUM) which designates the subject and surrounding
properties as City Neighborhood Area. One of the primary goals of City Plan
2030 is for zoning decisions to be made that help create complete
neighborhoods and make traditional town form the standard. A complete
neighborhood should provide a mix of uses and housing types where
residents can live, work, and play all in the same neighborhood. This policy
is embedded in the description of City Neighborhood Areas by supporting a
wide variety of uses and densities, particularly along connecting corridors,
like Mission Boulevard. The proposed rezoning to CS on the subject property
addresses this goal by permitting a wide spectrum of residential and non-
residential uses. The CS zoning district creates the potential for mixed-use
developments that encourage walkability and less dependence on vehicles
for transportation.
The proposed rezoning also addresses City Plan 2030's prioritization of
appropriate infill and the discouragement of suburban sprawl. While
development under either the existing or proposed zoning districts may
reduce the need to extend water and sewer service, or stretch existing fire
and police department resources, the CS zoning district and its wide variety
of allowed uses can reduce the firm separation_ of land uses that result in
sprawling development.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified and needed to accommodate
development of the property in accordance with the goals outlined in the
city's comprehensive plan. Also, the proposed zoning district can
beneficially increase residential densities along a major corridor and provide
convenience goods and personal services for persons living in the
surrounding residential areas, or even in mixed-use development on the
subject property itself.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has access to Mission Boulevard, a partially improved Principal
Arterial street, and undeveloped right-of-way to Petunia Court, a partially
improved Local street. The proposed rezoning would likely increase traffic
over the existing C-1, zoning, which allows no residential uses as a principal
use, but not likely to a degree that creates or exacerbates a dangerous traffic
condition. Any proposed development would be required to comply with the
City's access management ordinance, including its provisions to design safe
vehicular and pedestrian interactions.
G:\ETC\Development Services Review\2017\Develop ment Review\17-5756 RZN
2621 E. Mission Blvd (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
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 C-1 to CS may increase the future population
density, particularly given the allowance of residential uses under the CS
zoning district. That said, the subject property is in an area where increased
density is appropriate and desired. Additionally, this is a relatively small infill
site with access to public infrastructure, with any development having
limited to no adverse impact on public infrastructure. The Police and Fire
Departments have expressed no objections to the proposal.
If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Staff recommends forwarding RZN 17-5756 to the City Council with a
recommendation for approval based on the findings discussed throughout this report.
PLANNING COMMISSION ACTION: Required
Date: April 24, 2017 O Tabled M Forwarded
Motion: Belden
Second: Johnson
Vote: 7-M, Commissioner Quinlan recused
CITY COUNCIL ACTION: Required YES
Date: May 16 2017 Tentative O Approved
YES
GAETC\Development Services Review\2017\Development Review\17-5756 RZN
2621 E. Mission Blvd. (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
O Denied
O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.19, C-1, Neighborhood Commercial
o §161.20, CS, Community Services
• Request letter
• Rezone Exhibit
• One Mile Map
• Close -Up Map
• Current Land Use Map
■ Future Land Use Map
GAETC\Development Services Review\2017\Development Review\17-5756 RZN
2621 E. Mission Blvd. (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
161.19 - District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas.
(B) Uses
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 5 Government Facilities
Unit 13 Eating places
Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in/drive
through restaurants
Unit 25 Offices, studios, and related services
Unit 44 Cluster Housing Development
Unit 45 Small scale production
(2) Conditional Uses
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4
Cultural and recreational -facilities
Unit 16
Shopping goods
Unit 34
Liquor stores -
Unit 35
Outdoor music establishments'
Unit 36
Wireless communications facilities"
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15
feet
Front, if parking is allowed between the
50
right-of-way and the building
feet
Side
None
Side, when contiguous to a residential
10
district
feet
Rear
20
feet
GAETC\Development Services Review\2017\Development Review\17-5756 RZN
2621 E Mission Blvd. (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
(F) Building Height Regulations.
Building Height Maximum 56 feet*
*Any building which exceeds the height of 20 feet shall be setback from any boundary line of any residential
district a distance of 1 foot for each foot of height in excess of 20 feet.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195,11-6-08; Ord. No 5312,
4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord, No.
5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16)
GAETC\Development Services Review\2017\Development Review\17-5756 RZN
2621 E. Mission Blvd. (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
161.20 - Community Services
(A) Purpose 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 Eating places
13
Unit Neighborhood Shopping
15 g Aping goods
Unit Gasoline service stations and drive-in/drive
18 - through restaurants
Unit Home occupations
24
Unit Offices, studios and related services
25
Unit Multi -family dwellings
26
Unit Cluster 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
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 19 Commercial recreation, small sites
G:\ETC\Development Services Review\2017\Development Review\17-5756 RZN
2621 E. Mission Blvd. (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
Unit 28 Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
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.
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 Maximum 56 feet
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord No. 5462, 12-6-11; Ord, No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord, No. 5735, 1-20-15; Ord. No. ,(;r , § l(Exh. A), 10-6-15; Ord. No. 5921_, §1, 11-1-16)
G:\ETC\Development Services Review\2017\Development Review\17-5756 RZN
2621 E. Mission Blvd. (ERC Holdings, LLC) 371\03 Planning Commission\04-24-2017
March 10, 2017
City of Fayetteville
Development Services
ATTN: Andrew Garner
RE: 2621 E. Mission Blvd
2 S. Pinnacle Nile Parkway,
Rogers, AR 72758
www.erc.com
RZN 17-5756
Request Letter
ERC Holdings, LLC is requesting a rezoning at 2621 E. Mission Blvd. The property is adjacent to a quickly
developing commercial corridor uniquely placing the property in a position to provide transitional uses developed on
with the tenants of a more fluid form based code fully meeting the vision of the 2030 plan. The current zoning
classification of Neighborhood Commercial does not allow for true mixed use developments. The residential
allowances in a Cl zoning district do not allow for true urban neighborhood development. A rezoning to Community
Services would allow for a wider array of true mixed commercial and residential uses and ultimately for a more dense
and interesting urban walkable transitional development providing services for the surrounding community and
allowing people to live where they work and play.
The proposed rezoning does not significantly alter the impact on the surrounding community from the existing
zoning classification. Land use in the Community Services District (CSD) is designed primarily to provide
convenience goods and personal services for persons living in surrounding residential areas and i's -intended to
provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes.
Land use in the existing zoning category is identical in terms of density and allowed uses. While a CSD classification
does allow for greater density and uses ERC would propose that the'most intense use categories of gasoline service
stations and drive-in/drive through restaurants and liquor stores be excluded in perpetuity from the allowed uses on
the property. In terms of appearance buildings height is identical for both the existing and proposed zoning
classifications. In terms of traffic congestion neither classification has density requirements thus traffic patterns
should be similar whichever zoning is applied to the property.
The water and sewer lines that serve the property are both eight inch lines. The current capacity of the utility lines
can serve any use associated with the proposed zoning classification of CSD.
The 2030 Plan envisions the property and surrounding properties in the vicinity of the intersection of Mission and
Crossover as a City Neighborhood Area. This designation supports the widest spectrum of uses while still
encouraging density. Rezoning the property to a CSD classification aligns with stated the goals of the 2030 plan in
that it allows for a wider array of uses with higher densities which helps create a transitional buffer zone for
surrounding residential properties. There are a number of transitional zones in the area which either provide small
neighborhood commercial uses or multifamily uses indicating that there is a need for the CSD zoning classification in
a quickly developing commercial node.
The property is on a busy and quickly developing corner. Rezoning to a classification that allows for a less
traditional fusion of housing and local neighborhood commercial uses expands the possibility for future
redevelopment towards true mixed use. A classification change allows the property and any future development to
act as a transitional buffer for the single family residential properties to the north and east and encourages a higher
level of connectivity between the existing commercial and residential uses. The proposed reasoning to a CSD
classification will not greatly increase traffic or congestion nor will it cause additional stress on the public services or
utilities in the area.
Thank you,
Mary McGetrick, Pre -Construction Manager, ERC
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NORTHWEST ARKANSAS
Democrat goazeffe
.72 ?.,_ x
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. 5976
Was inserted in the Regular Edition on:
May 25, 2017
Pub is tion Charges: $ 66 30
Karen aler
Subscribed and sworn to before me
This 31 day of 111 2017.
azW
Notary Public
My Commission Expires:
Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
JUN 0 5 2017
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 5976
File Number: 2017-0236
RZN 17-5756 (2621 E. MISSION
BLVD./ERC HOLDINGS, LLC):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5756 FOR
APPROXIMATELY 2.62 ACRES
LOCATED AT 2621 EAST MISSION
BOULEVARD FROM C-1,
NEIGHBORHOOD COMMERCIAL TO
CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City
of Fayetteville, Arkansas hereby changes
the zone classification of the property
shown on the map (Exhibit A) and the legal
description (Exhibit B) both attached to the
Planning Department's Agenda Memo from
C-1, Neighborhood Commercial to CS,
Community Services.
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 5/16/2017
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74144827 May 25, 2017