HomeMy WebLinkAboutORDINANCE 6005113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6005
File Number: 2017-0559
III III11111111 IIII I I III IIII I I IIIII IIII III I II I III li II III III
Doc ID: 017816910003 Type: REL
Kind: ORDINANCE
Recorded: 01/10/2018 at 08:52:49 AM
Fee Amt: $25.00 Paqe 1 of 3
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2018-00000998
APPEAL RZN 17-5901 (1100 N. MEADOWLANDS/KHAJEHNAJAFI):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
5901 FOR APPROXIMATELY 1.20 ACRES LOCATED AT 1100 NORTH MEADOWLANDS DRIVE
FROM R -O, RESIDENTIAL OFFICE 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 R -O, Residential Office 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 10/17/2017
Page 1
Attest:
10-
s EAPW�
,
Sondra E. Smith, City Clerk Treasurer
PI.-Ayr
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Printed on 10118117
RZN 17-5901 KHA J EH NAJ AFI
Close Up View
RSF-8
RNI F•24
FRANCISCAN TRL
RSF-4
Legend
Planning Area
s
Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
O Subject Property
0
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a
J
03
LUWR -0
a
RI -12
Feet
0 75 150 300 450 600
1 inch = 200 feet
RMF -12
C'2:
17-5901
EXHIBIT 'A'
C-1
A&
NORTH
Residential -Agricultural
RSF-4
RSF-8
RMF -12
RMF -24
Residential -Office
C-1
C-2
Vii] Community Services
17-5901
EXHIBIT 'B'
As Surveyed Description:
SUBJECT PROPERTY - AS SURVEYED DESCRIPTION
TRACT "C" SURVEY PLAT DOCUMENT #2008-00004140:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, FAYETTEVILLE, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, SAID POINT BEING A
FOUND RAILROAD SPIKE AND RUNNING, THENCE NORTH 87°08'38" WEST 894.00 FEET, THENCE
SOUTH 02'48'33" WEST 660.82 FEET TO A FOUND 1/2" REBAR, THENCE SOUTH 02'48'33" WEST
324.63 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND 1/2" REBAR, AND
RUNNING, THENCE SOUTH 02°45'36" WEST 281.79 FEET TO A FOUND 1/2" REBAR, THENCE
NORTH 87000'19" WEST 178.30 FEET TO A SET 1/2" REBAR, THENCE NORTH 42°23'12" WEST
9.72 FEET TO A POINT OF THE EAST RIGHT-OF-WAY LINE OF NORTH MEADOWLANDS DRIVE,
SAID POINT BEING SET 1/2" REBAR, THENCE ALONG SAID RIGHT-OF-WAY NORTH 02037'53"
EAST 274.84 FEET TO A SET 1/2" REBAR, THENCE LEAVING SAID RIGHT-OF-WAY SOUTH
87002'39" EAST DISTANCE OF 185.81 FEETTO THE POINT OF BEGINNING. CONTAINING 1.199
ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD.
Washington County, AR
I certify this instrument was filed on
01/10/2018 08:52:49 AM
and recorded in Real Estate
File Number 2 1$:0000 0998
Kyle Sylvest r - 'r(66' -Me
f`
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0559
Agenda Date: 10/17/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
APPEAL RZN 17-5901 (1100 N. MEADOWLANDS/KHAJEHNAJAFI):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
17-5901 FOR APPROXIMATELY 1.20 ACRES LOCATED AT 1100 NORTH MEADOWLANDS
DRIVE FROM R -O, RESIDENTIAL OFFICE 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 R -O, Residential Office 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.
City of Fayetteville, Arkansas Page 1 Printed on 1011812017
BLEW & ASSOCIATE& ASSOCIATESPA
CIVIL ENGINEERS & LAND SURVEYORS
To whom it may concern,
SEP 2, 2 207
CITYOCLERK 5 OFFICE
On September 11, 2017 rezone request RZN 17-5901 (1100 N. Meadowlands Dr./ Khajehnajafi,
400) was denied by the City of Fayetteville's Planning Commission. The request was to rezone
the property from R -O (residential office) to C-2 (thoroughfare commercial). Our client would
like to appeal the decision to rezone this property and have this item placed on the next available
City Council agenda. However, we would like to change the requested zoning from C-2
(thoroughfare commercial) to CS (community services). Our client would like to appeal the
Planning Commission's decision and have the City Council review a request to rezone the same
property as referred to in RZN 17-5901 from R-0 (residential office) to CS (community services).
If you have an question please feel free to contact me.
Sincerely,
Buckley Blew PLS
524 W. SYCAMORE ST, SUITE 4- • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3
V's CITY COUNCIL AGENDA MEMO
CITY OF
FA 'ETTEVILLE
ARKANSAS
MEETING OF OCTOBER 3, 2017
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: September 29, 2017
SUBJECT: RZN 17-5901: Rezone (1100 N. MEADOWLANDS DR./KHAJEHNAJAFI, 400):
Submitted by BLEW & ASSOCIATES, INC. for property at 1100 N.
MEADOWLANDS DR. The property is zoned R -O, RESIDENTIAL OFFICE and
contains approximately 1.20 acres. The request is to rezone the property to CS,
Community Services.
RECOMMENDATION:
The City Planning staff recommend approval of the recently amended request to rezone the
subject property to CS, Commercial Services, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The proposed rezoning request is for a 1.20 acre portion of a larger 2.4 acre property on the
northeast corner of Wedington Drive/Highway 16 and Meadowlands Drive. The property is
currently undeveloped and devoid of any significant vegetation. Following annexation in to the
City in 1982, the property was zoned A-1, Agricultural, before a subsequent rezoning to R -O.
Request: The request is to rezone the property from R -O, Residential Office, to CS, Commercial
Services for future development.
Land Use Compatibility: The proposed zoning is compatible with surrounding properties, which
include a mixture of undeveloped, commercially -zoned properties, a single -story office building,
and a mixed -density, residential subdivision that is under construction. The proposed CS zoning
is not adjacent to any single-family homes, and the northern portion of the property will remain
zoned as R -O. Additionally, this area of the City has many residents, but is limited in the availability
of retail and services, requiring many residents to drive long distances to meet daily needs. The
permitted uses allowed under the CS zoning district can potentially encourage development that
will alleviate the lack of services along this portion of Wedington Drive.
Land Use Plan Analysis: The proposed zoning is consistent with City Plan 2030, the Wedington
Corridor Neighborhood Plan, and the Future Land Use Map designation of City Neighborhood
Area. The CS zoning district encourages patterns of development that support the goals of these
plans, including an expectation that non-residential buildings will be located at the corner, creating
an environment appealing to pedestrians and reducing the visual impact of parking areas. A
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
mixture of residential and commercial uses is typical in a traditional urban form, with buildings
addressing the street. Furthermore, the CS zoning district represents a manifestation of the City
Neighborhood Area designation and its guiding policies to encourage a wide spectrum of uses
developed in a compatible and walkable manner.
As a part of the Wedington Corridor Neighborhood Plan, a redefining of the street into a parkway
was envisioned. This includes complete, compact neighborhoods and the implementation of form -
based zoning districts to create a walkable neighborhood core centered on Wedington and
Rupple. The CS zoning district represents a step toward implementing this goal by allowing both
increased density and a mixture of uses at this location.
DISCUSSION:
On September 11, 2017, the Planning Commission denied the applicant's request to rezone the
property to C-2, Thoroughfare Commercial. The applicant has appealed the Planning
Commission's decision to the City Council. The applicant has amended their request and now
propose to rezone the property to CS, Community Services, as shown in the attached Exhibits
Wand 'B'. Staff recommends in favor of the amended request.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
■ Exhibit B
• Application
• Planning Commission Staff Report
RZN 17-5901
Close Up View
11MV-24
FRANCISCAN TRL
14,.
RSF-4
Legend
s
Planning Area
Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
KHAJEwN.lo1JAFI
RS1 -8
o Subject Property
1n
0
z
Q
J
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RNIF-I2
CS
17-5901
EXHIBIT W
WEDING:TONraR
RI -12
Feet
0 75 150 300 450 600
1 inch = 200 feet
C-1
(-2 A&
NORTH
Residential -Agricultural
RSF-4
RSF-8
RMF -12
RMF -24
Residential -Office
C-1
C-2
Community Services
17-5901
EXHIBIT 'B'
As Surveyed Description:
SUBJECT PROPERTY - AS SURVEYED DESCRIPTION
TRACT "C" SURVEY PLAT DOCUMENT #2008-00004140:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, FAYETTEVILLE, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, SAID POINT BEING A
FOUND RAILROAD SPIKE AND RUNNING, THENCE NORTH 87°08'38" WEST 894.00 FEET, THENCE
SOUTH 0248'33" WEST 660.82 FEET TO A FOUND 1/2" REBAR, THENCE SOUTH 0248'33" WEST
324.63 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND 1/2" REBAR, AND
RUNNING, THENCE SOUTH 02°45'36" WEST 281.79 FEET TO A FOUND 1/2" REBAR, THENCE
NORTH 87°00'19" WEST 178.30 FEET TO A SET 1/2" REBAR, THENCE NORTH 42°23'12" WEST
9.72 FEET TO A POINT OF THE EAST RIGHT-OF-WAY LINE OF NORTH MEADOWLANDS DRIVE,
SAID POINT BEING SET 1/2" REBAR, THENCE ALONG SAID RIGHT-OF-WAY NORTH 02°37'53"
EAST 274.84 FEET TO A SET 1/2" REBAR, THENCE LEAVING SAID RIGHT-OF-WAY SOUTH
87°02'39" EAST A DISTANCE OF 185.81 FEET TO THE POINT OF BEGINNING. CONTAINING 1.199
ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD.
CITY OF FAYETTEVILLE, ARKANSAS
REZONING
I:OR STAFF USE ONLY
FEE: $325.00
)ate Application Submitted:
Sign Fee: $5.00
')ate Accepted as Complete:GJ
—lot I
S -T -R:
;'ase /Appeal Number. `
PP#: �f1117
°ublic Hearing Date:
Zone. ►�W
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.
Application:
Indicate one contact person for this request:
Applicant (person making request):
Name:
Address:
E-mail:
Phone:
)
Fax:
Applicant X Representative
Representative (engineer, surveyor, realtor, etc.):
Name: Blew & Associates
William Gagner
Address: 524 W_ Sycamore Street, Ste. 4
Favetteville, AR 72703
E, -mail: bill@blewinc.com
Phone:
( 479 ) 443-4506
Fax:
479 582-1883
Site Address / Location: 1100 N. Meadowlands Drive / Location: Northeast corner of N. Meadowlands Dr.
and W. Wellington Drive/Arkansas Highway 16
Current Zoning District: R-0 Requested Zoning District: C-2
Assessor's Parcel Number(s) for subject property: 765-16237-011
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
Kha'ehna'af, Shahryar & Tabatabai, Zhila 2004 Trust
O'Reilly Automotive Stores, Inc.
APPLICANTI RrsPR,,l';Sl'NT 977VE: I certify under penalty of perjury that the foregoing statements and answers
herein made ail data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what 1 am
applying for, or might set conditions on approval.
Name (printed): William G.
, r— - _,,, yam,.
Date: 08/02/2017
PROPERTYOWNER(S) IAUTHORIZEDAGENT: I/we certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent, a letter. from each property owner must be provided indicating that
the agent is authorized to act on his/her behalf.)
Property Owners of Record (attach additional info if necessary):
Name (printe(l}: Address:
S'2ature:
Phone:
Date:
Name (printed): Address:.
Signature:
Phone:
Date:
Rezoning Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (www.ov:washington.arm ). 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.
(5) A written description of this request addressing the following items:
a. Current ownership information and any proposed or pending property
sales.
b. Reason (need) for requesting the zoning change.
C. Statement of how the proposed rezoning will relate to surrounding
properties in terms of land use, traffic, appearance, and signage.
d. Availability of water and sewer (state size of lines). This information is
available from the City Engineering Division.
e. The degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and
zoning plans.
f. Whether the proposed zoning is justified and/or needed at the time of
the request.
g. Whether the proposed zoning will create or appreciably increase traffic
danger and congestion.
h. Whether the proposed zoning will alter the population density and
thereby undesirably increase the load on public services including
schools, water, and sewer facilities.
I . Why it would be impractical to use the land for any of the uses
permitted under its existing zoning classification.
(6) The applicant is responsible for meeting the public notification requirements for a
Rezoning listed on the Notification Requirements pages in this application.
Notice: Resources including current zoning regulations, City Ptan 2030, Future Land Use Plan,
Master Street Plan and Zoning maps are available for review on our website,
www.aecessfayetteville.or and in the Planning Office.
All applicants should meet with a staff Planner prior to completing a Rezoning application.
wow
CITY OF
PAS E °TEVILLE
€ RKANSA
PLANNING COMMISSION MEMO
TO: City of Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: September 11, 2017 (Updated with Planning Commission Results)
SUBJECT: RZN 17-5901: Rezone (1100 N. MEADOWLANDS DR./KHAJEHNAJAFI,
400): Submitted by BLEW & ASSOCIATES, INC. for property at 1100 N.
MEADOWLANDS DR. The property is zoned R -O, RESIDENTIAL OFFICE
and contains approximately 1.20 acres. The request is to rezone the
property to C-2, THOROUGHFARE COMMERCIAL.
RECOMMENDATION:
Staff recommends denial of RZN 17-5901 based on the findings discussed throughout this report.
BACKGROUND:
The proposed rezoning request is for a 1.20 acre portion of a larger 2.4 acre property on the
northeast corner of Wedington Drive/Highway 16 and Meadowlands Drive. The property is
currently undeveloped and devoid of any significant vegetation. Following annexation in to the
City in 1982, the property was zoned A-1, Agricultural, before a subsequent rezoning to R -O.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential
RI -12, Residential Intermediate, 12 Units per Acre
South
Undeveloped
R -O, Residential Office
Single- & Multi -Family Residential (Under
RMF -12, Residential Multi -family, 12 Units per Acre;
East
Construction);
CS, Community Services
Undeveloped
West
Offices;
R -O, Residential Office;
Westwood Gardens Plant Nursery
C-1 Neighborhood Commercial
Request: The request is to rezone the property from R -O, Residential Office, to C-2, Thoroughfare
Commercial for future development.
Public Comment: Staff has not received public comment regarding this request.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
INFRASTRUCTURE:
Streets: The subject property has direct access to Wedington Drive/Highway 16 and
Meadowlands Drive. Both streets are fully improved with Wedington Drive
classified as a Principle Arterial and Meadowlands classified as a Local Street by
the Master Street Plan. Additional future access may be possible by way of a
stub street being constructed in association with the Rupple Meadows
subdivision to the northeast. 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 north side of the subject property within a utility easement.
Sewer: Public sewer is available to the site. There is an existing 8 -inch sewer main along
the west and south sides of this property within utility easements.
Drainage: Any additional improvements or requirements for drainage would be determined
at the time of development. No portion of this property lies within the FEMA -
designated 100 -yr floodplain or the Hillside -Hilltop Overlay District (HHOD).
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 and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types.
FINDINGS OF THE STAFF
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: Although some commercial uses may be generally
compatible with the subject property, the intensity and breadth of uses
within the requested C-2 zoning district are not appropriate or compatible at
this location. At this location on the Wedington Drive corridor the densities
and intensities of uses have begun to lessen as the land uses segue from
the commercial node and an highway interchange to the east to large lot
residential and agricultural uses to the west. Despite the immediate area
containing a range of development types, ranging from offices and a plant
nursery to single-family and attached residential dwellings, these uses are
of a lower intensity that is appropriate for the intersection of a local and
arterial street.
Land Use Plan Analysis: The proposed zoning is incompatible 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
GAETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr (Khajehnajafi) 400\03 Planning Commission\09-11-2017
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
variety of uses and residential densities, particularly along corridors, like
Wedington Drive. The proposed rezoning to C-2 on the subject property does
not address this goal, as the zoning district limits development opportunities
to non-residential uses in a suburban pattern. The C-2 zoning district allows
for auto -oriented developments that discourage walkability and greater
dependence on vehicles for transportation.
The proposed rezoning also fails to address City Plan 2030's
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,
a rezoning of the subject property to C-2 zoning district is tacit acceptance
that the intersection of Wedington and Meadowlands may become new node
of westward development in a suburban development pattern.
Lastly, the proposed rezoning is not compatible with the Wedington Corridor
Neighborhood Plan. This plan calls for a redefining of Wedington Drive as a
parkway with complete, compact, and connected neighborhoods. Along with
the subject property, the Plan recommends that the implementation of form -
based zoning changes be made to remove the existing suburban, single -use
zoning districts and create a walkable neighborhood core centered on
Wedington and Rupple. An idealization of this can be found in the Wedington
Corridor Illustrative Master Plan which shows the subject property
developed with a building on the corner addressing the street.
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 not justified or needed to
accommodate development of the property in accordance with the goals
outlined in the city's comprehensive or neighborhood plans. The proposed
zoning district does not encourage development in a traditional town form
and is intended to provide retail goods and services to highway travelers
rather than for persons living in the surrounding residential areas. At this
location, the C-2 zoning district will not act as a connection between lower -
and greater -density areas, as would be appropriate given the future land use
map, but may act as a new node that encourages further suburban sprawl.
Further, the property could reasonably be utilized under the existing R -O
zoning, which is a low -intensity, mixed-use zoning that allows a transition
from busier commercial areas to the east to residential neighborhoods in the
immediate vicinity.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
GAETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr (Khajehnajafi) 400\03 Planning Corn mission\09-11-2017
Finding: The site has access to both Wedington Drive, an improved Principal Arterial
and state highway, and Meadowlands Drive, a partially -improved Local
Street. Given the permitted uses under the proposed C-2 zoning district, an
increase in traffic is possible when compared to the existing R -O zoning.
While the R -O zoning district does permit residential uses, the C-2 allows a
wide range of non-residential uses of varying scale and intensity. 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.
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: Given the lack of permitted residential uses in the C-2 zoning district, it is
unlikely that development under the requested rezoning will adversely
increase population densities, nor is it likely to create an undesirable load
on other public services. That said, the intensity of non-residential
development under the C-2 zoning district is much greater than under the
existing R -O zoning district, and some non-residential uses can have greater
impacts on City facilities than residential uses. 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 denial of RZN 17-5901 based on the findings
discussed throughout this report.
GAETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr. (Khajehnajafi) 400\03 Planning Commission\09-11-2017
PLANNING COMMISSION ACTION: Required YES
Date: Se tember 11 2017 O Tabled O Forwarded ® Denied
Motion: Scroggin
Second: Belden
Vote: 6-0-0
CITY COUNCIL ACTION: Required YES
Not applicable unless appealed
Date: O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.20, R -O, Residential Office
o §161.23, C-2, Thoroughfare Commercial
• Request Letter
• Rezone Exhibit
• Wedington Corridor Neighborhood Plan Illustrative Map
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
GAETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N Meadowlands Dr (Khajehnajafi) 400\03 Planning Commission\09-11-2017
161.20 - District R -O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the
nature or size of the office, together with community facilities, restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 25
Offices, studios, and related services
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
(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 11
Manufactured home park"
Unit 13
Eating places
Unit 15
Neighborhood shopping goods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities*
Unit 42
Clean technologies
Unit 45
Small scale production
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations. (Per dwelling unit for residential structures)
(1) Lot Width Minimum.
Manufactured home park 100 feet
Lot within a manufactured home park 50 feet
G:\ETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr (Khajehnajafi) 400\03 Planning Commission\09-11-2017
Single-family
60 feet
Two (2) family
60 feet
Three (3) or more
90 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a manufactured home park
4,200 square feet
Townhouses:
Development
10,000 square feet
Individual lot
2,500 square feet
Single-family
6,000 square feet
Two (2) family
6,500 square feet
Three (3) or more
8,000 square feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home
Townhouses & apartments:
No bedroom
One bedroom
Two (2) or more bedrooms
Fraternity or Sorority
(E) Setback Regulations.
Front
3,000 square feet
1,000 square feet
1,000 square feel
1,200 square feet
500 square feet per resident
Front, if parking is allowed between the right- 50
of -way and the building feel
Front, in the Hillside Overlay District 15
feet
Side 10
feet
Side, when contiguous to a residential district 15
feet
G:\ETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N Meadowlands Dr. (Khajehnajafi) 400\03 Planning Commission\09-11-2017
Side, in the Hillside Overlay District 8 feet
Rear, without easement or alley 25
feet
Rear, from center line of public alley 10
feet
Rear, in the Hillside Overlay District 15
feet
(F) Building Height Regulations.
Building Height Maximum 60 feet
Height Regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary
line of an adjacent single family district an additional 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 60% of the total area of such lot.
(Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7-
19-05; Ord. No. 4943,11-07-06; Ord. No. 5079,11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No.
5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 ,
§1, 11-1-16; Ord. No. 5945, §§ 5, 7-9,1-17-17)
G:\ETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr. (Khajehnajafi) 400\03 Planning Commission\09-11-2017
161.23 - District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 13 Eating places
Unit 14 ` Hotel, motel, and amusement facilities
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive through
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 25 Offices, studios, and related services
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
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 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
Unit 43
Animal boarding and training
G:\ETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr. (Khajehnajafi) 400\03 Planning Commission\09-11-2017
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
(F) Building Height Regulations.
Building Height Maximum 75 feet*
"Any building which exceeds the height of 20 feet shall be set back from a 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 60% of the total area of such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; 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. 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; Ord. No. 5945, §§ 5, 7, 1-17-17)
G:\ETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr. (Khajehnajafi) 400\03 Planning Commission\09-11-2017
15
Front
feet
Front, if parking is allowed between the
50
right-of-way and the building
feet
Side
None
Side, when contiguous to a
15
residential district
feet
20
Rear
feet
(F) Building Height Regulations.
Building Height Maximum 75 feet*
"Any building which exceeds the height of 20 feet shall be set back from a 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 60% of the total area of such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; 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. 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; Ord. No. 5945, §§ 5, 7, 1-17-17)
G:\ETC\Development Services Review\2017\Development Review\17-5901 RZN
1100 N. Meadowlands Dr. (Khajehnajafi) 400\03 Planning Commission\09-11-2017
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
July31, 2017
Attn: Development Services
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
SUBJECT: Rezoning Application — Parcel 765-16237-011
To Whom It May Concern:
RZN 17-5907
Request
Letter
Please accept this letter and the attached documents to serve as our application for the above referenced
submittal to rezone a portion of Parcel 765-16237-011 located at 1100 N. Meadowlands in Fayetteville.
A. The current owner of the tract is Khajehnajafi, Shahryar & Zhila tabatabai 2004 Trust. The site
currently consists of approximately 2.53 acres.
B. Our client is of purchasing approximately 1.199 acres of the tract and is requesting approval to
rezone the site from R -O (Residential Office) to U -T (Urban Thorough -fare) or C-2,
C. The property to the north is zoned R-0 (vacant land), to the east is RMF -12 (Multi -family residential
development) and CS (vacant land), to the south across W. Wedington Drive is R -O (vacant land) and
to the west across N. Meadowlands Drive is zoned C-1 (Farm Bureau Office). We feel that rezoning
this property for our clients' proposed use is compatible with the surrounding zones.
D. There is an 8 -inch sewer main that runs along W. Wedington Drive and along N. Meadowlands Drive.
An 8 -inch water main runs along the north property line of our site.
E. We feel the requested zoning is in line with the goals of the City Plan 2030 for rezoning and will cater
to the growing community.
F. We are requesting the change in zoning to allow for our clients' proposed use for an automotive
retail store.
G. This development will not adversely affect the existing or proposed streets in the area.
H. The potential to increase the population density in this area would not adversely affect services as a
result of this rezoning.
I. Need to answer: Why it would be impractical to use the land for any of the uses permitted under
its existing zoning classification.
Sincerely,
William G. Gagner
Blew & Associates, PA
524 W. SYCIiIVI.—ORF, ST, SUITE 4 • 1,'l1YETT /ILLS / ARKANSAS 72703
PI1.ONE: 479-443-4 506 FA:X: 4 79-582-1 883
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1 inch = 200 feet
PRINCIPAL ARTERIAL
RZN 17-5901 KHAJEHNAJAFI
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FUTURE LAND USE 2030
Residential Neighborhood Area
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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. 6005
Was inserted in the Regular Edition on:
October 26, 2017
Publication Charges: $ 65.00
,/ _Q )
Karen Caler
Subscribed and sworn to before me
This 31 day of pG-, 2017.
CaZLI J
Notary Public j
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm r 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
Nov '2 2017
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 6005
File Number: 2017-0559
APPEAL RZN 17-5901 (1100 N.
MEADO WLANDS/KHAJEHNAJAFI):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5901 FOR
APPROXIMATELY 1.20 ACRES
LOCATED AT 1100 NORTH
MEADOWLANDS DRIVE FROM R -O,
RESIDENTIAL OFFICE 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
R -O, Residential Office 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 10/17/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74316552 Oct. 26, 2017