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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): 11l�lll���llf��9�11111titi[i�tllf9 �I�I��1ti1141414ti11�11919f Ilfl��ll11�111111111111 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 o �w a s o UzLU j OOsJ i©\O8®,O I m i b®3 vii Iljl II`� m ,I en M o � 5j w f3�� n 43 � Y N Z F vai a m V) �pp c m Z � , O J J z< o i Q U) Z ooi a H�Qwr; a H a € LJ Q c Qf L K Hai j o ��4 � Nlny ay' - *ro��,�•e w,N,pROY�`� b8 Q Jill 9 RZN 17-5756 One Mile View 0 RSF-4 ERC HOLDINGS, LLC 0.125 0.25 R-0 Subject Property ...... Yep f.� ,I C,2 0.5 Miles RN1F-24 P-1 1IRWO R -A Zoni°9 9:gTRA4:I lON Legend _-_ ' RESIDENTIAL SINGLE-FAMILY este uai np��°,nwrai Wr, „ COMMERCIAL �M i-•: i , _ _ _ RSF-ts ,• � 4 Planning Area amu, _ FORM, BASED DFSTOC rS Fayetteville City Limits ;- RSF a RRF,a 4 _ _ RESIDENTIAL MULTI -FAMILY •°.... Shared Use Paved Trail ssRr z ae„a,w°aar°'ee'am'” RF 6Re Trac OY^*lip4^.il A RMFt2 rcfW�ro]Ewi R'n i®EdR1 Trail (Proposed) ------: RMF 1e '?i, RMFzn • Planning Area MMC.INDUSTRIAL PLANNED ZONING DISTRICTS usv�ai Re:mem Building Footprint - Fayetteville City Limits � el °e ea.,C°mme-1 L.gh ;; ' INSTIITUTIONAL ma, - - - RZN 17-5756 ERC 'HOLDINGS, LLC Close Up View a a 0 R-0 r� n Subject Property C. i i l PETUNIA CT GOLDENROD ST i RSF-4 z M DEWBERRY CT NORTH Legend RSF-4 RMF -24 Planning Area Residential -Office Fayetteville Cit Limits Feet Trail (Proposed) 0 75 150 300 450 600 C-2 1 inch = 200 feet Building Footprint RZN 17-5756 ERC HOLDINGS, LLC Current Land Use A& _ NORTH a� t ..{ r f t rt Fri r t► p w 4q, Subject Property Il, • � --- .t` ` FBratto n eterinary Clinic rr Single Family _ —i� . Ar— lift,. PETUNIA C71 •� „LCI .--.�.,•�I _ *.�1 :r. Single Family - )• j � I � � c Z OFVVBERRy CT �. 1 ,� # •'¢� .qui � !'• e ' � l2Q;i �. lrtticj'er}' �RZN17-5756 FEMA Flood Hazard Data ^lv4 - Streams Street PRINCIPAL ARTERIAL Feet N 410 ➢ Trail (Proposed) k I00 -Year Floodplain Flood way County Parcels 0 75 150 300 450 600 Planning Area 1 inch = 200 feet p- Fayetteville City Limits 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