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HomeMy WebLinkAboutORDINANCE 6000113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6000 File Number: 2017-0509 RZN 17-5915 (S. 825 S. RAZORBACK RD./RAZORBACK RD): 11111111111111 i4ti 11111 ��1111111111111 �11ti1 �1�1111111111111111111��ti llll loll Doc Ita: 017719980048 Type. lll1E Kind: ORDINANCE 11/02/24 Recorded: 17 at 43:48:36 PM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sy�l 'v jester C;,;;��� �.� a lerk Fi1e2V 1r-[ '3 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5915 FOR APPROXIMATELY 2.38 ACRES LOCATED WEST OF 825 SOUTH RAZORBACK ROAD FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial to UT, Urban Thoroughfare. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 10/3/2017 Attest: X"/ , 4,& - Sondra E. Smith, City Clerk Treasurer �, 111111110 rRI C1` ! ; C, • `C� o Iry-rr;Arr is'titi Wit``` Page 1 Printed on 1014117 RZN 17-5915 RAZORBACK RD. REZONE 17-5915 EXHIBIT aA° Close Up View R -O W UJ a a Z UNPW F- W to ®t a W FARMINGTON S' RMT -24 Subject Property W a O O U UJ W tai Legend Planning Area RMF -24 1-1 Heavy Commercial and Light Industrial ° Fayetteville City Limits t_e— O Shared Use Paved Trail Feet OR Urban Thoroughfare O a community services Trail (Proposed) 0 75 150 300 450 600 =Commercial, Industrial, Residential a 1 inch = 200 feet Q CS 0 ❑ ❑ J Y !Y ❑ a W J Z V m �A W LODGE WAY O ��x tp RPZD � 20 CPZD �& NORTH Planning Area RMF -24 1-1 Heavy Commercial and Light Industrial ° Fayetteville City Limits t_e— Residential -Office C -z Shared Use Paved Trail Feet OR Urban Thoroughfare community services Trail (Proposed) 0 75 150 300 450 600 =Commercial, Industrial, Residential Building Footprint 1 inch = 200 feet 17-5915 EXHIBIT 'B' LEGAL DESCRIPTION FOR REZONING: A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTII, RANGE 30 WEST. WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE SOUTH 40.12', THENCE S87°02'22"W 69.33' TO THE WEST RIGHT-OF-WAY OF RAZORBACK ROAD (ARKANSAS STATE HIGHWAY #112), THENCE ALONG SAID R:1GHT-OF-WAY THE FOLLOWING: S02°28'4401W 160.44', S06°54'50"W 43.19', S02043'24"W 303.91', SO4°10'33"W 68.37', S09°41'46"'1U 56.26TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S09041'46"W 86.18', THENCE LEAVING SAID RIGIIT-OF- WAY ALONG A CURVE TO THE :LEFT HAVING A RADIUS OF 1000.00' FOR A CHORD BEARING AND DISTANCE OF N43034'43"W 598.55', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1213.27' FOR A CHORD BEARING AND DISTANCE OF N58°42'44"W 28.89', TIIENCE N64°25'11 "W 36.92', THENCE N65038'33"W 98.36', THENCE N72°09'.17"W 26.39', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1014.64' FOR A CHORD BEARING AND DISTANCE OF N84016'26"W 403.00', THENCE S82046'36"W 200.37TO THE EAST RIGHT-OF-WAY OF SOUTH BEF.CIIWOOD AVENUE, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: NI 1'23'25"W 96.82', N04°14'37"W 3.44', THENCE LEAVING SAID RIGHT-OF-WAY N82046'36"E 208.50', THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1114.64' FOR A CHORD BEARING AND DISTANCE OF N87°16'11 "F... 119.27, TIIENCE SO 1-08'47"W 18.57', THENCE N84°14'34":E 99.77'. THENCE S06003'38"E 22.91', THENCE ALONG A CURVET"O THE R1GH'f HAVING A RADIUS OF 1057.14' FOR A CHORD BEARING AND DISTANCE OF S55035'44"E 959.54' TO THE POINT OF BEGINNING, CONTAINING 2.38 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PO Box 4763 FAYETfEVILLE, AR 72702 479.790.7902 WW W.FAYETfEVILLELANDCOMPANY.COM Washington County, A- I certify this instrument was filed on 1'1/02/2017 03:48:36 FIM and recorded in Real Estate File Numbe^2017-00033517 Kyle Sylves�er - Circuit Cl:5'I` \ by _L_ :- City of Fayetteville, Arkansas 113 West Mountain Street a Fayetteville, AR 72701 Rt: (479) 575-8323 �W rtii Pr�i.; Text File -Y File Number: 2017-0509 Agenda Date: 10/3/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 RZN 17-5915 (S. 825 S. RAZORBACK RD./RAZORBACK RD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5915 FOR APPROXIMATELY 2.38 ACRES LOCATED WEST OF 825 SOUTH RAZORBACK ROAD FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial to UT, Urban Thoroughfare. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 10/4/2017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 20.7-0509 Legistar File ID 10/3/207 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/15/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-5915: Rezone (S. OF 825 S. RAZORBACK RD./RAZORBACK RD. REZONE, 560): Submitted by LAMB DEVELOPMENT, INC. for property SOUTH OF 825 S. RAZORBACK RD. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 2.38 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: I W CITY COUNCIL AGENDA MEMO CITE' OF FA ETTEVILLE ARKANSAS MEETING OF OCTOBER 3, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Planner DATE: September 15, 2017 SUBJECT: RZN 17-5915: Rezone (S. OF 825 S. RAZORBACK RD./RAZORBACK RD. REZONE, 560): Submitted by LAMB DEVELOPMENT, INC. for property SOUTH OF 825 S. RAZORBACK RD. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 2.38 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to UT, Urban Thoroughfare, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is a long and narrow parcel located with street frontage on both Beechwood Avenue and Razorback Road south of Martin Luther King Boulevard. The property is within the I- 1 zoning district and contains approximately 2.38 acres. The property is currently in use by the Frisco Railroad and is entirely covered by rail road rail right-of-way. Request: The request is to rezone the property from 1-1, Heavy Commercial and Light Industrial to UT, Urban Thoroughfare. The applicant has stated that the property is seeking a new zoning district in order to prepare the site for development. Land Use Compatibility: The proposed zoning is compatible with surrounding land uses. The parcel is located in an area that is among those with the highest intensity of use found in the City and is adjacent to major traffic corridors, making it an ideal location for the land uses allowed within the UT zoning district. Adjacent and nearby land uses include a powder coating business, multi -family dwelling units, a variety of restaurants, and a gas station. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map. As this site is a current rail road right-of-way, it has no Future Land Use designation, however surrounding properties are designated as either Urban Center or Industrial Areas. The Urban Center designation encourages height, density, and variety of commercial and residential uses in order to create efficient and compact urban Industrial Areas to be rezoned for multi -family development, the proposed UT district is consistent with these zoning decisions. Industrial Area designation is not reflective of existing land uses ore recent policy decisions by Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the City Council to rezone much of this neighborhood from industrial districts to allow multi -family development. DISCUSSION: On September 11, 2017 the Planning Commission forwarded the applicant's request to the City Council with a recommendation for approval by a vote of 6-0-0. Commissioners Hoffman, Quinlan, and Niederman were not present. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report RZN 17-5915 RAZORBACK RD. REZONE 17-5915 Close Up View EXHIBIT W R-0 LU WNIF-24 W > < z LU U) -J MARTIN LUTHER KING BLVD FARMINGTON S' TOWNS VILLAGE I)p 0� C1 X < W < a. ll W < C13 W Ir LODGE WAY U-1 V) 0 0 E J i Subject Property 1P 0 0 �� kP RUD Legend I Planning Area Z.7 z Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 Building Footprint 1 inch = 200 feet ■ 600 C-2 ( Pz1) A& NORTH 17-5915 EXHIBIT 'B' L 10 A L QLSC1tlI''1'lUh_FOR_ItEUNIIfCi_: A PAIN OF THE NORTHWEST QUARTER OF THE, NORTHEAST C?DARTER OF SECTION 20, TOWNSHIP 16 NORTH , RANGE 30 WEST. WASHINGTON COUNTY, ARIKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A`1' THE NORTHEAST CORNER OF SAID IiOR'TY ACRETRACT T AND RUNNING THENCE SOUTH 40.12', THENCE S87702127"W 69.33' TO THE: WEST R.IG.IIT-OF-WAY OF RAZORBAC'K .ROAD (ARKANSAS STATE HIGHWAY #x112), THENCE ALONG SAID KIGHT-OF-WAY THE FOLLOWING: S02°28'44"W 160.44, S06054'50"W 43.19" 502"43'2 4"W 303.91', SO4010'33"W 68.37', 409"41 `46"W 56.26' TO THE TRUE POINTOF BEGINNING. THENCE CONTINUING ALONG SAID RIGIIT-OI:-WAY S09n41'46"W 86.181, THENCF LEAVING SAID R101IT-OF-- WAY ALONG A CtJRVE 'ro THE LEFT HAVING A RADIUS OF 1000.00' FOR A CHORD BEARING AND DISTANCE. OF N43"34'43"W 598.55', THENCE ALONG A CURVE TO THE LEF'I' 1IAVI.NI G A RADIUS OF 1213.27' FOR A CHORD BEARING AND DISTANCE OF N58`42144"W 28.89', THENCE N64.25-1 I "W 36.92', TUENCT N65038'33"W 98.36', THENCE N72')09'17"W 26.39','I'HENCE ALONG A CURVETO THE LE111' HAVING A RADIUS OF 1014.64' FOR A CHORD BEARING AND DISTANCE OF N84°10126"W 403.00', THENCE 582546'36"W 200.37' TO THE EAST RI(3'.H'I:'-0:F-WAY OF SOUTH 13EI CIIWOOD AVENUE; THENCE ALONG SAID RIGHT -OE -WAY TI 11. FOLLOWING: NI 1'23'25"W 96,82', N04"14137" W 3.14', THENCE LEAVING SAID RIGHT -OF -WAS' N82`46'36"E 208.50', THENCE ALONG A C1;_; RVE TO THE RIGHT HAVING A RADIUS OFI114.64' FOR A CHORD BEARING ANIS DISTANCE; OF N87°1(1'11" E; 119.27'; 1'111 NCE S01"08'47W 18.57; TFIEN("E N84014'34"1 99.77, THENCE SW03'38"E 22.91', THENCE ALONG J"A CURVE 'TO `I'I:II: RIGHT HAVINU A RADIUS OF I057.1'4' FOR A CHORD BEARINT G AND -DISTANCE OFS55°35'44"I 959.54' TO THE POINT OF F3EGINNINCI, CONTAINING, 2.38 ACRES, IMORE OR LESS. SI.1I3.I.EC;TTO ALT, EASEMENTS AND RlGfHTS-(.)F-WAY OF RECORD, PO Box 4763 FAYETIEVILLE, AR 72702 479.790.7902 WWW.FAYETTEVILLELAN I)C: OMPANY.COl+,ll CITY OF FAYETTEVILLE, ARKANSAS REZONI NG FORS7AFF USE ONL Y FEE: 32a.tX1 Date Application9ibrritted: Fes' '00 Date AccEpted as Conpl ete.• &T -R, _ Caso/Appeal Number: PP#.. /560 Public Hearing Date., 9(S Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application mill not be plaoad on the Planning Conrntagon age until thisinfarmafion isfurnWwd Application: Indicate one contact person for this request: __Applicant Applicant X Representative Applicant (perms rmWng reguaat): Name:�fD Address: E-mmil. Phone: Far.: Site Address / Location: Current Zoning District: -r -2 Assessor's Parcel Number(s) for subject property: FINANCIAL INTERESTS Represen tati w (a*neer, s rmsc r, realtar, etc,): Namc: 'er4wo t Gia sc.u�dh'ti. ,e"r_%t'/zr rF.rsL Address: -77 Lz r;ml;►iI: /bc%ire e- l"/,4,/d /rrCt rc.r7�rErf.� `. !r✓Gyi Phone: (4i"I ) 7iW • 74PUZ Fax: Requested Zoning District: t/,7-- -76'.5 - !°/,4y3 , c�i`fi '02. GA! The following entities and / or people have financial interest in this project: March 2014 Page f APPLICANT/REPRESENTATIVE. 1 certify under penalty of perjunj that the foregoing sIatcrncnts and answers herein ..rnade all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belie. f, true and correct. I €understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I atn applying for, or might set conditions on approval. Nance 3risated : �k'f`f,:' / .l Date: _ L PROPER Y OW)VER(S)1AUTHORIZED AGENT: Uwe certify under penalty of perjury that I ani/we are the owner(s) of the property that is the subject of this application and that liwe have read this application and consent to its filing.(If-49rwdbyfheautharimdatXn4a101tarfrom each prop" mwnxidbeprc4&din[ caffn9Mat this agent Isaudhrriaed to act Tara hlalm r behalf ) Prgxrty OKfxrs of Record (attach sdItIonal Into if n ry): Name(printed): Signature:. Date Naine (printed): Signatur:: Address, (phone-. Address: Phone: Lisle: l } Rezoning Checklist, Attach the following item to this application: (1) Payment in full of applicable fees tor processing the application; $325.00 application fee $5,00 public notification sig fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PD1: ft3rtrtat, (4) A copy of the county parcel map from the Washington County Assessor's Office or from the Va'ashinei u County website («�_w.�a,wasltin =ton.ar.us). The subject property and all adjace .tit parcels should beidentified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. Mardi 0, 14 Page 2 APPLICANTJREPRESI«NTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct, I understand that submittal of incorrect or false infonnation is grounds for invalidation of application completeness, determination, or approval. 1 understand that the City might not approve what 1 am applying for, or might set conditions on approval. Name (printed): Date: Signature: PROPERTY OWNER(S)/AUTHORIZED AGENT: I/wc certify under penalty of perjury that I am/we are the owrrer(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 cgned by the authorizadagen4 a letter from each prcpertymmer must be protddad indcating that the agent lsaulhoriwd to act on his'her behalf.) Prgaerty Ov mers of Renard (attach ackfificnal info if na ry): Name 4W64 Address: 3e, 4 64s%` CJ5 rnMa 5ttnnNaly: J� I Phone: Date: c� b l 7 Z S —� VC 0 O Name (printed).--. Tae r Y4Gu e.'Baci 7 Address: Signature: Phone: Date: ) Rezoning Checklist: Attach the following iters to this application: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washingLon.ar,us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2oia Dona 7 WOM CITY OF FA`(ETTEVILLE ARKANSAS TO: THRU: FROM: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Planner MEETING DATE:-Septemhwr 11, 2017 UPDATED 9-13-2017 SUBJECT: RZN 17-5915: Rezone (S. OF 825 S. RAZORBACK RD./RAZORBACK RD. REZONE, 560): Submitted by LAMB DEVELOPMENT, INC. for property SOUTH OF 825 S. RAZORBACK RD. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 3.15 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN 17-5915 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: Property and Background: The subject property is a long and narrow parcel located with street frontage on both Beechwood Avenue and Razorback Road south of Martin Luther King Boulevard. The property is within the 1-1 zoning district and contains approximately 3.15 acres. The property is currently in use by the Frisco Railroad and is entirely covered by rail road rail right- of-way. The north edge of the property shows a multi -use trail according to the Fayetteville Alternative Transportation and Trails (FATT) plan, and a portion of the site contains trails easement. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Industrial/Undeveloped/Storage 1-1 / UT South State of Akansas(DMV), Multi -family housing CS / 1-1 East Undeveloped/Storage R -O / RMF -24, West Multi -family Housing CS Mamm�g commission Mailing Address: Se ember 11, 2017 113 W. Mountain Street wvvw.fayettevflFeAA 6146W Item S Fayetteville, AR 72701 17-5915 Razorback Rd. Rezone Page 1 of 16 Request: The request is to rezone the property from 1-1, Heavy Commercial and Light Industrial to UT, Urban Thoroughfare. The applicant has stated that the property is seeking a new zoning district in order to prepare the site for development. Public Comment: Staff has not received public comment. INFRASTRUCTURE: Streets: The subject parcel has access to Razorback Road, and Beechwood Avenue. Razorback Road is a fully improved principal arterial, and state highway, while Beechwood Avenue is a local street which has been fully improved with curb, sidewalk and storm drainage. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the property. There is an existing 12" diameter water main near the property frontage onto Razorback Road, and an existing 8" diameter water main near the property frontage onto Beechwood Avenue. Sewer: Sanitary Sewer is available to the site. There is an existing 24" diameter sewer main near the property frontage onto Razorback Road, and an existing 6" diameter sewer main near the property frontage onto Beechwood Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA regulated floodplains. An unnamed protected stream runs east -west along the southern side of this property. No portion of this parcel lies within the Hillside -Hilltop Overlay District. GIS indicates the presence of Hydric Soils on site, which may be an indicator of wetland areas. Further review will be required at the time of development proposal. Fire: The Fayetteville Fire Department does not feel this development will greatly affect our calls for service or our response times in the area. This site is located south of 825 S. Razorback Rd. The site will be protected by Engine 6, located at 900 S. Hollywood Ave. It is 0.7 miles from the station with an anticipated response time of 2 minutes. Police: The Police Department had no comment. CITY PLAN 2030 FUTURE LAND USE PLAN: As it is right-of-way, the site does not have a future land use designation within the City Plan 2030 Future Land Use Plan. Properties to the north and south are designated as Urban Center and Industrial Areas, respectively. Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility, usually automobile -dependent customers and large areas dedicated to parking. Although Urban Center Areas recognize the conventional big -box and strip retail centers developed along major arterials, it is expected that vacant properties will be developed into traditional mixed-use centers, allowing people to live, work and shop in the same areas. Additionally, infill of existing development centers should be strongly encouraged, since there is greater return for properties already served by public infrastructure. Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 2 of 16 Industrial Areas are those areas with buildings that by their intrinsic function, disposition or configuration, cannot conform to one of the other designated areas and/or its production process requires the area to be separated from other uses. 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: The proposal to rezone the property to UT, Urban Thoroughfare, will allow the property to be developed with commercial and/or residential uses that are consistent with City policies and goals for the neighborhood. Land Use Compatibility: The proposed zoning is compatible with surrounding land uses. The parcel is located in an area that is among those with the highest intensity of use found in the City and is adjacent to major traffic corridors, making it an ideal location for the land uses allowed within the UT zoning district. Adjacent and nearby land uses include a powder coating business, multi -family dwelling units, a variety of restaurants, and a gas station. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map. As this site is a current rail road right-of- way, it has no Future Land Use designation, however surrounding properties are designated as either Urban Center or industrial areas. The Urban Center designation encourages height, density, and variety of commercial and residential uses in order to create efficient and compact urban Industrial Areas to be rezoned for multi -family development, the proposed UT district is consistent with these zoning decisions. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified by the fact that some of the area's current industrial zoning designation, and has been recently removed and has become less compatible with surrounding properties as redevelopment occurs. The proposed zoning will allow the owner to utilize the property for residential and commercial uses, which are compatible with the City Plan 2030 Future Land Use Map in the surrounding neighborhood. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site access has access to Razorback Road, a fully improved five lane street, and to Beechwood Avenue, a fully improved street. The proposed zoning would allow uses likely to increase traffic, but it is unlikely that traffic danger or congestion would be appreciably increased, and future development has the potential to improve existing traffic conditions. Street improvements will be evaluated at the time of development. Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 3 of 16 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from industrial to mixed use will allow for the development of residential and commercial uses, however development should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to 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 RECOMMENDATION: Staff recommends forwarding RZN 17-5915 to the City Council with a recommendation for approval based on findings stated herein. IPLANNING COMMISSION ACTION: Required YES Date: September 11, 2017 O Tabled >(7 Forwarded O Denied Motion: BELD'-: N. MOTION TO FORWARD WITH RECOMMENDATION FOR APPRAL. Second: SCROGGIN Vote: 6-0-0: COMMISSIONERS HOFFMAN, QUINLAN, AND NIEDERMAN WERE NOT PRESENT. CITY COUNCIL ACTION: Required YES Date: October 3, 2017 O Approved O Denied BUDGET/STAFF IMPACT: None Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 4 of 16 Attachments: • Unified Development Code: o §161.30, 1-1, Heavy Commercial and Light Industrial o §161.24, UT, Urban Thoroughfare • Request letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 161.30 - District 1-1, Heavy Commercial & Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. Unit City-wide uses by right 1 Unit Public protection and utility facilities 3 Unit Cultural and recreational facilities 4 Unit Government Facilities 5 Unit Agriculture 6 Unit Eating places 13 Unit Transportation trades and services 17 Unit Gasoline service stations and drive - 18 in/drive through restaurants Unit Warehousing and wholesale 21 Unit Manufacturing 22 Unit Offices, studios and related services 25 Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 5 of 16 Unit Wholesale bulk petroleum storage 27 facilities with underground storage tanks Unit Clean technologies 42 (2) Conditional Uses. Unit 2 City-wide uses by conditional use Front, when adjoining C, I, or P permit Unit 19 Commercial recreation, small sites Unit Commercial recreation, large ; 20 feet Unit Center for collecting recyclable 28 materials Unit Wireless communications facilities 36 feet Unit Mini -storage units 38 Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R 50 districts feet Front, when adjoining C, I, or P 25 districts feet Side, when adjoining A or R 50 districts feet Side, when adjoining C, I, or P 10 districts feet Rear 25 feet Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 6 of 16 (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of 1 foot for each foot of height in excess of 25 feet. (G) Building Area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16- 98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-06-07; 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. 5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. , §§ 5, 7, 1-17-17) 161.22 - Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit City-wide uses by right 1 Unit 4 Cultural and recreational facilities Unit Government facilities 5 Unit Single-family dwellings 8 Unit Two (2) family dwellings 9 Unit Three (3) family dwellings 10 Unit Eating places 13 Unit Hotel, motel and amusement 14 services Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 7 of 16 Unit Shopping goods 16 pp g Unit Transportation trades and services 17 Unit Gasoline service stations and drive - 18 in/drive through restaurants Unit Commercial recreation, small sites 19 Unit Home occupations 24 Unit Offices, studios, and related 25 services Unit Multi -family dwellings 26 Unit Liquor store 34 Unit Accessory Dwellings 41 Unit Cottage Housing Development 44 Unit Small scale production 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit' Unit 3 Public protection and utility facilities Unit Commercial recreation, large sites 20 Unit Warehousing and wholesale 21 Unit Center for collecting recyclable 28 materials Unit Dance halls 29 Unit Adult live entertainment club or bar 33 Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 8 of 16 Unit Outdoor music establishments 35 None Unit Wireless communication facilities 36 Unit Mini -storage units 38 Unit Sidewalk cafes 40 Unit Clean technologies 42 Unit Animal boarding and training 43 (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single-family residential district: A build -to zone that is _located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 56/84 feet* *A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of 56 Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Comm ission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 9 of 16 feet. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet. Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15) Planning Commission September 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5915 RZN S. of 825 S. Razorback Rd. Agenda Item 8 (Razorback Rd. Rezone) 560\03 Planning Commission\09-11-2017\Comments and Redlines 17-5915 Razorback Rd. Rezone Page 10 of 16 IWA CITE' OF FAYE'TTEVILLE ARKANSAS TO: Quin Thompson, Planner FROM: Battalion Chief B. Sloat, Deputy Fire Marshal DATE: September 5, 2017 SUBJECT: 17-5915 RZN South of 825 S. Razorback Rd. (Razorback Rd. Rezone) This site is located south of 825 S. Razorback Rd. The site will be protected by Engine 6, located at 900 S. Hollywood Ave. It is 0.7 miles from the station with an anticipated response time of 2 minutes. The Fayetteville Fire Department does not feel this development will greatly affect our calls for service or our response times in the area.. Mailing Address: Planning Commission 113 W. Mountain Street www.fayet1:s0&ii,f*0-1Y 2017 Fayetteville, AR 72701 Agenda Item S 17-5915 Razorback Rd. Rezone Page 11 of 16 LAMB DEVELOPMENT + CONSULTING August 15, 2017 City of Fayetteville Planning Commission & City Counsel 113 W Mountain Street Fayetteville, AR 72701 Re: S. Razorback Road - Rezoning Request LAMB Development + Consulting and Frisco Railroad (owner) are hereby requesting rezoning of the subject property from 1-1 to UT to allow for future development of the property. The proposed zoning is needed to facilitate appropriate infill development, which will revitalize an underutilized site and help to maintain this area as a vibrant, safe and inviting place to live and work. UT zoning in this location will not exigently alter the population density or undesirably increase the load on public services and will conform to the surrounding properties in terms of land use, traffic, appearance and signage. It would be impractical to use the land for any of the uses permitted under its existing zoning classification as this would deviate from traditional town form, encourage suburban sprawl and limit opportunities for attainable housing, Sincerely, Richie Lamb PO Box 4763 FAYETTEVILLE, AR 72702 479.790.7902 WWKFAYETfEVILLELANDCOMPANY.00 Planning Commission September 11, 2017 Agenda Item 8 17-5915 Razorback Rd. Rezone Page 12 of 16 RZN 17-5915 RAZORBACK RD. REZONE NORTH One Mile View =. �- 0 0.125 0.25 0.5 Miles J C i A/ A rn P 0 r rn STONE ST W I T'. t g q N =tea E TRACTION Legend C -t Subject Property OLD oLu fiaR NcToN rZEr - r.r�iClilG BLVD ; w;- COMMERCIAL Planning Area - - TPif) RSF-.5 Reslaeneal-Office L-1 W d d C-a L — Fayetteville City Limits asF-,e ca4 I t ) J 13 a f Itt'/fl RMFE �� RMF-lt kl1!-2t 1 1=1 I R'TF� MNdg�p^at^od C^rservallon PLANNEDZONI NGDISTRICTS 9 ------- MW RMF40 —' Building Footprint Planning Area Fayetteville City Limits INDUSTRIAL N MeavyC^mmnaa�a^^Ug^i F] G.— ^e=,u:, pmi__J, IMudntl ResWsnlial INSTITUTIONAL ^e^eWa Planning Coq S mission 1, 2017 Agenda Item S 17-5915 Razorback Rd. Rezone Page 13 of 16 vnr urc u ta 1STH ST =. �- J `. i A/ EA P 0 Q� =tea E TRACTION Legend RESIDFHMLSIMRLE-FAWtY !- - nni.vrd+rrdwA COMMERCIAL Planning Area - - RSF-.5 Reslaeneal-Office L-1 RSF. C-a L — Fayetteville City Limits asF-,e FORM BASED DISTRICTS !E ow^ own Shared Use Paved Trail • 13 — !R`ea^S a ;, Rigp3fyTµLrIULTI�FAMILY �* Nam o pF[Rr-1s RalmaMial *.,oa�a�nr.a-ia�^nv i7R Demo.,^c�,,,d Trail (Proposed) RMFE �� RMF-lt 6Nommuniry Servkes dQ11L^Ihn^O Servcez 1 ' a FtMFAa RMF -s< MNdg�p^at^od C^rservallon PLANNEDZONI NGDISTRICTS Design Overlay District ------- MW RMF40 —' Building Footprint Planning Area Fayetteville City Limits INDUSTRIAL N MeavyC^mmnaa�a^^Ug^i F] G.— ^e=,u:, pmi__J, IMudntl ResWsnlial INSTITUTIONAL ^e^eWa Planning Coq S mission 1, 2017 Agenda Item S 17-5915 Razorback Rd. Rezone Page 13 of 16 RZN 17-5915 RAZORBACK RD. REZONE Close Up View R-0 w RMF -24 W a a z J Q w MARTIN -LUTHER KING:HLV.D _ FARMINGTON 91 w Q n- 0 O w O Aew 2 V U LU UJ M TOWNE VILLAGE L)R LODGE WAY a a 0 Subject Property 0 O Q IL 0,� IWZD 9� Legend 1 Planning Area t mzz Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet CAZD A& NORTH RMF -24 1-1 Heavy Commercial and Light Industrial Residential -Office C-2 Urban Thoroughfare Community services Commercial, Industrial, Residential Planning Cor mission 1, 2017 Agenda Item 8 17-5915 Razorback Rd. Rezone Page 14 of 16 RZN 17-5915 RAZORBACK RCS. REZONE Current Land Use NORTH f vs� A" ti _ �..� .w- ro. MARTIN LUTHER KING BEV I] � � LU LU - y _ _ �' Mixed Commercial FARMINGTON ST + ,.. , CAPELLA iia—;n1 ST +j Subject Property r1 x .1 Stott PERIMETER DR; DIAMOND a DRQ: TOWNEELV'G R � '' �` © .'Y,Q r ?vului O r ' .� Student Housing LU n-�, i �� Complex I� It { — -- -J PAM IIllar a.1, �•.. v < ^. „ J ■S f tw ! A BEECHiPL n�_.. Al Planning Area - - -; Fayetteville City Limits —l— Trail (Proposed) ±0 Fayetteville 2 I Revenue Office r ' }. 400 OP r 0��� AN A ATHLETIC DR: FEMA Flood Hazard Data i ]o-Year>=oodplain Feet ; Floodway Streets Existing 0 75 150 300 450 600 MSP Class 1 inch = 200 feet PRINCIPAL ARTERIAL Planning Co mission SP le b .r 11, 2017 Agenda Item 8 17-5915 Razorback Rd. Rezone Page 15 of 16 RZN 17-5915 RAZORBACK RD. REZONE A& Future Land Use NORTH PERIMETER DR ?OWNE VILLAGE DR LU LU Q o a � Z Q a LU O O Z LU Ix^ V, +.I Q x W PERIMETER DR ?OWNE VILLAGE DR Subject Property Legend Planning Area S Fayetteville City Limits Feet Shared Use Paved Trail 0 75 150 300 450 600 Trail (Proposed) 1 inch = 200 feet Building Footprint FUTURE LAND USE 2030 City Neighborhood Area Urban Center Area Industrial Civic Institutional Non -Municipal Government Planning Co mission September 1, 2017 Agenda Item 8 17-5915 Razorback Rd. Rezone Page 16 of 16 0 0 o a � Q a W J O O Z U m wLODGE WAY x U) U W W M Subject Property Legend Planning Area S Fayetteville City Limits Feet Shared Use Paved Trail 0 75 150 300 450 600 Trail (Proposed) 1 inch = 200 feet Building Footprint FUTURE LAND USE 2030 City Neighborhood Area Urban Center Area Industrial Civic Institutional Non -Municipal Government Planning Co mission September 1, 2017 Agenda Item 8 17-5915 Razorback Rd. Rezone Page 16 of 16 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. No. 6000 Was inserted in the Regular Edition on: October 12, 2017 Publication Charges: $ 67.60 Subscribed and sworn to before me This t1 day of Gr_+ , 2017. wa, Notary Public t My Commission Expires: rLc2c �CATHY WILES Arkansas - Benton County (i Notary Public - Comm# 12397118 F. 3 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. OCT 2 0 2017 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 6000 File Number: 2017-0509 RZN 17-5915 (S. 825 S. RAZORBACK RD./RAZORBACK RD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5915 FOR APPROXIMATELY 2.38 ACRES LOCATED WEST OF 825 SOUTH RAZORBACK ROAD FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial to UT, Urban Thoroughfare. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section L. PASSED and APPROVED on 10/3/2017 Approved: Lioneld Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 74299656 Oct. 12, 2017