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HomeMy WebLinkAboutORDINANCE 6036113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6036 File Number: 2018-0056 ��Ilf !If f f f �flf f f IIP�f ff�f f f Ilf If If 11 PPllf f 1f�f flf If ff if f l�ff f Ilf f f �If Ilf f f f f lel Doe ID: 017928810003 Type: REL Kind: ORpIIGAt�P Recorded: 09/26CE/2018 at 08:53:57 AM Fee Amt: $25.00 Pape i of 3 Wa:hinpton County, AR Kyle 5vlvesteer C�i""''ro�u`"jjijjt^^��Cjj��l''''��erk ��]] File2018-000V82G 7 RZN 17-6000 (2870 E. JOYCE BLVD./CHRISTIAN BROS. AUTOMOTIVE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 6000 FOR APPROXIMATELY 0.92 ACRES LOCATED AT 2870 EAST JOYCE BOULEVARD FROM C-1, NEIGHBORHOOD COMMERCIAL 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 C-1, Neighborhood Commercial 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 2/6/2018 Page 1 Attest: Sondra E. Smith, City Clerk Treasurer '`�;31SPlflt77 t2K s f : /IYEITI 17V•il.r =a /fir( 't4 N Printed on 217118 RZN17-6000 CHRISTIAN BROTHERS AUTO 1 17-6000 Gose up view E'XH'IBIT W RSF-4 R -O I I RMF -24 C-1 Subject Property M Legend 4z Planning Area !zz ! Fayetteville Cit Limits �_ -- Y Y Shared Use Paved Trail Feet Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet R -A 50'ice v a t k ! A t 9 9 R J i $e 3 NORTH 'I Residential -Agricultural RSF-4 I RMF -24 Residential -Office C-1 M C-2 =Commercial, Industrial, Residential 17-6000 EXHIBIT 'B' A part of the NW 1/4 of the NW 1/4 of Section 30, T -17-N, R -29-W, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is S 89037'52" E, 664.75 feet and N 00°32'08" E, 55.00 feet from the SW corner of said NW 1/4 of the NW 1/4; thence N 00°03'08" E 224.69 feet; thence S 89°41'46" E, 178.00 feet; thence S 00°32'08" W 224.89 feet; thence along the North right-of-way of Joyce Street, N 89°37'52" W 178.00 feet to the point of beginning, containing 0.92 acres, more or less. Subject to a 30 foot utility easement on the South side and a 10 foot utility easement on the East side of subject property. Washington County, AR I certify this instrument was filed on 03/26/2018 08:53:57 AM and recorded in Real Estate File Number 2018-00008227 Kyle Sylvester - Circum Ierk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0056 Agenda Date: 2/6/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 6 RZN 17-6000 (2870 E. JOYCE BLVD./CHRISTIAN BROS. AUTOMOTIVE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-6000 FOR APPROXIMATELY 0.92 ACRES LOCATED AT 2870 EAST JOYCE BOULEVARD FROM C-1, NEIGHBORHOOD COMMERCIAL 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 C-1, Neighborhood Commercial 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 217/2018 ........... ... ... ... ... ... ... ... ...... ... . . . . ........... . . . . . . . . . . . . . . . . F ... ...... . . 2R.. n, ..... . . . . .. ... ...... ............ ... ... ... ...... .. . ... .. ..... ... ........ ...... ... ...... ... ... ... ...... ...... ...... ... ... ... ... ........ ..... .. ...... ... ... ... ... ...... ... ...... ... ... ... ... ...... ..... ...... ... ... ... ... ........ ..... ..... . .......... ........... ........ .... .. ...... . ... ........... Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0056 Legistar File ID 2/6/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/19/2018 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-6000: Rezone (2870 E. JOYCE BLVD./CHRISTIAN BROS. AUTOMOTIVE, 177): Submitted by CESO, INC. for property at 2870 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.92 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Fund Project Title 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: 1 •I CITY COUNCIL AGENDA MEMO CITY Q FAYETTE `ILLE ARKANSAS MEETING OF FEBRUARY 6, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner Andrew Garner, Planning Director DATE: January 19, 2018 SUBJECT: RZN 17-6000: Rezone (2870 E. JOYCE BLVD./CHRISTIAN BROS. AUTOMOTIVE, 177): Submitted by CESO, INC. for property at 2870 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.92 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 proposed rezoning request is for a 0.94 acre property on the north side of Joyce Boulevard, just west of the intersection of Joyce and Crossover Road. The property is currently developed with self-service and automatic carwash bays. Vehicular access to the site is by way of an existing driveway on to Joyce and a cross access point to the gas station to the east. Request: The request is to rezone the property from C-1, Neighborhood Commercial, to UT. The applicant's letter indicates that they intend to develop the property as a vehicle -oriented business. Land Use Compatibility: Land uses adjacent to the subject property are exclusively non- residential. This coupled with the property's location near a high-volume intersection, Joyce and Crossover/Highway 265, make this site an ideal location for the variety of non-residential and residential uses that are permitted in the UT district. This is already reflected in many nearby land uses, including the gas station to the east and numerous offices that cater to traffic beyond the surrounding residential areas. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with the City Neighborhood Area designation of the subject property. The UT zoning district, with its associated build -to zone, facilitates walkable streets and development in a traditional town form. Additionally, the UT zoning district permits a wide array of residential and nonresidential uses that encourages mix -use developments where residents can live, work, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 and play. With existing streets, water, and sewer available, a development on this property will be able to utilize City infrastructure and services without the need for substantial new facilities. DISCUSSION: The item was first heard at the December 11, 2017 Planning Commission, at which point the applicant requested that it be tabled. On January 8, 2018, the Planning Commission heard the item and proposed UT, Urban Thoroughfare, as an alternative zoning district that may be more compatible than the originally proposed C-2, Thoroughfare Commercial. The applicant agreed to revise their request to the proposed UT zoning district and the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 8-0-0. No public comment was made regarding the request. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report RZN17-6000 CHRISTIAN BROTHERS AUTO Close Up View RSF4 R-0 Subject Property 17-6000 EXHIBIT 'A' C JOYCE BLVD .. . RPZD Legend ' Planning Area 4z _ Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet NORTH Residential -Agricultural RSF-4 RMF -24 Residential -Office C-1 C-2 Commercial, Industrial, Residential CA z z Lu R -A a JOYCE BLVD .. . RPZD Legend ' Planning Area 4z _ Fayetteville City Limits Feet Shared Use Paved Trail Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet NORTH Residential -Agricultural RSF-4 RMF -24 Residential -Office C-1 C-2 Commercial, Industrial, Residential 17-6000 EXHIBIT 'B" A part of the NW 1/4 of the NW 1/4 of Section 30, T -17-N, R -29-W, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is S 89°37'52" E, 664.75 feet and N 00°32'08" E, 55.00 feet from the SW corner of said NW 1/4 of the NW 1/4; thence N 00°03'08" E 224.69 feet; thence S 89°41'46" E, 178.00 feet; thence S 00°32'08" W 224.89 feet; thence along the North right-of-way of Joyce Street, N 89°37'52" W 178.00 feet to the point of beginning, containing 0.92 acres, more or less. Subject to a 30 foot utility easement on the South side and a 10 foot utility easement on the East side of subject property. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE. $325.00 Date Application Submitted: Sign Fee: $5.00 Dale Accepted as Complete: S -T -R: Case /Appeal Number: PP#: Public Hearing Date: 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. Application: Indicate one contact person for this request: Applicant (person making request): Name:Christian Brothers Automotive Corporation Attn: Jonathan Wakefield Address: 17725 KatyFreeway Y Suite 200 Houston, TX 77094 Applicant X Representative Representative (engineer, surveyor, reallor, etc.): Name: CESO Inc. Attn: James Burkheart Address: 1305 NE McClain Road, Suite 7 _ Bentonville, AR 72712 E-mail: Iwakefield@cbae.com E-mail: burkheart 7),cesoine.com Phone: ( 281 ) 675-6120 ( 832 1655-5940 Fax: i } Phone: 479) 616-2505 Fax: ( l Site Address / Location: 2870 E. Joyce Blvd, Fayetteville, AR 72703 Current Zoning District: C-1 Requested Zoning District: C-2 Assessor's Parcel Number(s) for subject property: 765-13241-002 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: WLH LLC (owner) March 2014 Page 1 APPLICANT I REPRESENTATIYE: I certify under penaltyof pednry that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best ofmy knowledge and belief, true and correct. I understand that submittal of incorrect or False information is grounds for invalidation of application completeness, determination, cr appiuvai. 1 understand that the City night not approve what 1 am applying for, or might -set conditions onn appmv�{111. �^ ) Na . (printed); y JGd Yet¢ S .l �tJi' JC c3r4 f' L i)ult: iG��l� l i'f PROPERTY OWNER(S)/ UTHORIMAGENT: Uwe certify under penalty ofperjury that 1 amtwe ure the owner(s) of the property that is the subject of this application and that Uwe bave read this application aad consent to its filing_ (If signed by the authorized agent, a IeNerfrom each properly owner mast beprovided indicating that the agent is authorized to act on his/her beha(.) Property Owners ofRerord (aftr+ch addidonat info if necessary): Naala(pnutrd).-I++ L ti. L--L-C Addroa-. J ` fry. 'tj ih 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 maybe required if the property description cannot 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 Wasbington County Assessor's office or from the Washington County website ( ). 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. Mach 2974 Poge 2 CETY OF FAYETTE4/ILLE ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: January 8, 2018 (Updated with Planning Commission Results) SUBJECT: RZN 17-6000: Rezone (2870 E. JOYCE BLVD./CHRISTIAN BROS. AUTOMOTIVE, 177): Submitted by CESO, INC. for property at 2870 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.94 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. RECOMMENDATION: Staff recommends denial of RZN 17-6000 based on the findings discussed throughout this report. BACKGROUND: December 11, 2017 Planning Commission Meeting: This item was tabled at the request of the applicant at the December 11, 2017 Planning Commission meeting. Since that time, no changes to the request have been made and staff's recommendation of denial remains the same. The proposed rezoning request is for a 0.94 acre property on the north side of Joyce Boulevard, just west of the intersection of Joyce and Crossover Road. The property is currently developed with self-service and automatic carwash bays. Vehicular access to the site is by way of an existing driveway on to Joyce and a cross access point to the gas station to the east. Following annexation in 1967, the property remained undeveloped until the car wash was built in 1998. Surrounding land uses and zoning are depicted on Table 1. Table 1 Surroundinq Land Use and Zoning Direction Land Use Zoning North Offices C-1, Neighborhood Commercial; C-2, Thoroughfare Commercial South Private School R -O, Residential Office East Gas Station C-1, Neighborhood Commercial West I Offices C-1, Neighborhood Commercial Request: The request is to rezone the property from C-1, Neighborhood Commercial, 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 Joyce Boulevard. Joyce is an improved four -lane asphalt Principal Arterial with sidewalk, curb and gutter, and storm drains. 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 6 -inch water main along the Joyce Boulevard. Sewer: Public sewer is available to the site. There is an existing 8 -inch sewer main along the Joyce Boulevard. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. While no portion of this property lies within the FEMA - designated 100 -yr floodplain or the Hillside -Hilltop Overlay District (HHOD), hydric soils are identified on this parcel. Any additional improvements or requirements for drainage will be determined at the time of development. 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 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: Land uses adjacent to the subject property are exclusively non-residential. This coupled with the property's location near a high-volume intersection, Joyce and Crossover/Highway 265, make this site an ideal location for businesses and services that are auto -oriented. This is already reflected in many nearby land uses, including the gas station to the east and numerous offices that cater to traffic beyond the surrounding residential areas. 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 2030 is for zoning decisions to be made that help create complete neighborhoods and make traditional town form the standard (Goal #3). A complete neighborhood should provide a mix of uses and housing types G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Commission\01-08-2018 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 Joyce Boulevard. A rezoning to C-2 on the subject property does not address this goal, as the proposed zoning district limits development opportunities to non-residential uses in a suburban pattern. The C-2 zoning district allows for auto -oriented developments that generally discourage walkability and greater dependence on vehicles for transportation. That said, the City Neighborhood area designation also encourages nonresidential uses along connecting corridors, which Joyce Boulevard certainly is. Given this, a more intensive zoning designation may be appropriate at this location, but one that promotes a more pedestrian - friendly layout and is compliant with the City's comprehensive plan is more appropriate. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezoning of the property to C-2 is not justified. The existing car wash use may continue, or the site may be redeveloped under the existing C-1 zoning district. A rezoning should comply with the policies established by City Council with the adoption of City Plan 2030. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has access to Joyce Boulevard, an improved Principal Arterial, and to the adjacent gas station through an existing cross access point. Given the permitted uses under the proposed C-2 zoning district, an increase in traffic is possible when compared to the existing C-1 zoning. While both the C-1 and C-2 zoning districts allow a range of non-residential uses, the scale and intensity of those permitted under the C-2 zoning district are more likely to generate larger amounts of vehicular traffic. 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. Additionally, and depending on the scale of any redevelopment, the existing non -conforming driveway on to Joyce Boulevard may be required to be brought in to conformance with the City's driveway width standards. 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 may be greater than under the existing C-1 zoning district, and some non-residential uses can have greater G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Comm ission\01-08-2018 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; 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 denial of RZN 17-6000 based on the findings discussed throughout this report. RECOMMENDED MOTION: "I move to deny RZN 17-6000." PLANNING COMMISSION ACTION: Required YES Date: January 8, 2018 O Tabled 0 Forwarded O Denied Motion: Quinlan, to forward with an amended request of UT, Urban Thoroughfare Second: Hoffman Vote: 8-0-0 CITY COUNCIL ACTION: Required YES Date: _February 6, 2018 (Tentative) 0 Approved 0 Denied G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros Automotive) 177\03 Planning Comm ission\01-08-2018 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.21, C-1, Neighborhood Commercial o §161.23, C-2, Thoroughfare Commercial • Request Letter One Mile Map Close -Up Map Current Land Use Map * Future Land Use Map Following amendment and forwarding of the request by the Planning Commission, the following was added for the Council's consideration: §161.24, UT, Urban Thoroughfare G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Comm ission\01-08-2018 161.21 - 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 G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Comm ission\01-08-2018 (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. G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Commission\01-08-2018 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 j 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 I (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities p 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\20170evelopment Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Commission\01-08-2018 (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. G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Commission\01-08-2018 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 Rear 20 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. G:\ETC\Development Services Review\2017\Development Review\17-6000 RZN 2870 E. Joyce Blvd. (Christian Bros. Automotive) 177\03 Planning Commission\01-08-2018 161.24 - 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 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit Three (3) and four (4) family dwellings 10 Unit Eating places 13 Unit Hotel, motel and amusement services 14 Unit Shopping goods 16 PP g Unit Transportation trades and services 17 Unit Gasoline service stations and drive-in/drive 18 through restaurants Unit Commercial recreation, small sites 19 Unit Home occupations 24 Unit Offices, studios, and related services 25 Unit 26 Multi -family dwellings Unit Liquor store 34 Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production 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 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 40 Sidewalk cafes Unit 42 Clean technologies v Unit 43 Animal boarding and training (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: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a single- family residential district: 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 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. RZN 17-6000 Request Letter (5) Written Description Information: a. Current Ownership information and any proposed or pending property sales: Current Ownership: WLH LLC 2137 E. Lensfield P1 Fayetteville, AR 72701 Current Use: Happy Bays Car Wash Proposed Sale (To): Christian Brothers Automotive Corp. Attn: Billy Green Jr. 17725 Katy Freeway Suite 200 Houston, TX 77094 Proposed Use: Christian Brothers Automotive Corp. Automotive Shop b. Reason (need) for requesting the zoning change: Need for rezone: Current zoning, District C-1 Neighborhood Commercial, does not permit automotive shops. The closest permitted use is a gasoline service station. Rezoning to District C-2, Thoroughfare Commercial, permits transportation trades and services (automotive shop). c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage: Surrounding properties are currently zoned C-1 neighborhood commercial, C-2 thoroughfare commercial, and R -O residential office. The adjacent properties include a gas station and convenience store with automatic carwash, liquor store, yoga studio, realtor office and other miscellaneous small businesses. Given the mix of different zoning districts, and that C- 2 zoning is already used in the area, rezoning this parcel to C-2 fits with the surrounding businesses and property uses. The UT zone was also considered when reviewing this request for rezoning. Given the surrounding uses being more auto -oriented in this area of town, it was determined that the C-2 district was a better, more consistent fit. o Land Use: The proposed use of automotive repair is consistent with the surrounding uses in this area. Current land use is already for automotive service (carwash) and adjacent land use is for gasoline service station. o Traffic: The existing site is developed for automotive service traffic volume. Impacts to traffic for the proposed use will be minimal. The proposed improvements also allow for the existing cross access connection to be maintained with the gas station development to the East. Rezoning to C-2 instead of UT is important to maintain safe traffic circulation on site to the proposed service bays given the requirement for building placement in relation to the right of way line. o Appearance: Christian Brothers Automotive prides itself on keeping a clean, friendly atmosphere. Building size is consistent with the surrounding buildings and will fit well, aesthetically, with adjacent properties. o Signage: Proposed signage will comply with all code requirements within the C-2 zone. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. Water: 36" DIP water main runs along North ROW of E. Joyce Street (Southern edge of proposed property). A service line also runs parallel to the main. Sewer: 8" sewer mains runs along North ROW of E. Joyce Street (Southern edge of proposed property) and Western edge of proposed property. Note: Sanitary sewer and easement would require relocation if the building were placed closer to the right of way line as required in alternate zoning districts. Stormwater: 24" gravity main runs along North ROW of E. Joyce Street (Southern edge of proposed property) and 18" gravity mains runs along Western edge and in South Eastern corner of proposed property. Additionally, open storm channel runs along Western and Northern edge or proposed property. 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 The City Plan 2030 shows the area as city neighborhood usage and not Urban Center Areas as some other areas are classified. The C-2 zoning purpose is "designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers." The two closest streets, E. Joyce Blvd and Crossover Rd, are principal arterial and principal arterial parkway. Being near the intersection of two major arterial roadways in a primarily auto -oriented area, and being located within a future city neighborhood planned zone, the proposed use (automotive service shop) fits well with the planning and proposed usage of the area. In addition to the future plan for this area, the current usage of this part of town is primarily auto -oriented and does not have a lot of foot traffic. The proposed use being a dedicated automotive repair service, will not increase the amount of pedestrian access to the subject site. Given this criteria, the C-2 district is the best fit for this site. f. Whether the proposed zoning is justified and/or needed at the time of request Justified: Yes, rezoning to C-2 permits the property to be used for transportation services and fits within adjacent zoning and city planning. Rezoning is requested at time of request in order to proceed with the necessary approvals to construct the proposed improvements . g. Whether the proposed zoning will create or appreciable increase traffic danger and congestion There is no appreciable increase in traffic danger or congestion expected with the proposed redevelopment of this property. The property was already previously developed to provide service for "quick -turn" automotive care and all surrounding and nearby properties have been developed. Proposed C-2 zone would also permit the building to be placed sufficiently away from the lot frontage to allow for circulation to the proposed service bays and also the adjacent cross access with the gas station to the East. 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 The proposed zoning will not alter population density or undesirably affect water and sewer facilities. Proposed C-2 use will permit the building to be placed sufficiently away from existing service mains located along the property frontage within easements. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The proposed re -development of this parcel is to allow for the construction of an automotive repair use that is currently not permitted within the C-1 zone. Rezoning to C-2 would provide the proper permitting authorization limiting the need for a use variance. RZN 17-6000 One Mile View ZION RD CHRISTIAN BROTHERS AUTO I NORTH a 0 0.125 0.25 0.5 Miles r i} I 1 a 1 a I a 1 I I I I Subject Property o� 1 I U-11 _ JOYCE BLVt� I _ 0 I � Y I fi- i 101.F-24 ' 1 a I + r I 1 VILLINES LN lil-Ix r I SF -4 1 I I I I O I a. i W I Q.' I —. J Legend �� z°�I°s RESIDENTIAL SING LE -FA MI LY RSF 6 g e°m exTRAcnoR Av.+ Ct NMIEraC7NS ' Planning Area . FSF;a:>>" FORM BASED DIS TF0Ct$ ' 4 _ Fayetteville City Limits REmDERTut AWLTI•FAMIL�Y °a° 'eeI'm'" ,. YaN Nnwe Gros °e — Shared Use Paved Trail RlAF6Re Z/W�� ,a Icy COm un ly Sery ces Trail (Proposed) Q _... -•--- RMF t] "I e� Negnp°r�°°a Seances aro errpr,rxrcer.,aw,e.ya+ PLANNED ZONING DISTRICTS 2 Planning Area c°mmeON °a soiai ResmeNi Building Footprint - Fayetteville City Limits INDUSTRIAL me, a ;, �e erall a ,al s"I awl NSTI'UTIONAL° al RZN17-6000 CHRISTIAN BROTHERS AUTO Close Up View CRSF-4 R-0 Subject Property " of Z z W r R A �. •�• RNIF-24 Legend II Planning Area 4.7 z t — Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint . aezn IY &ORTH Feet 0 75 150 300 450 600 1 inch = 200 feet Residential -Agricultural RS F-4 RMF -24 Residential -Office C -t C-2 Commercial, Industrial, Residential RZN17-6000 CHRISTIAN BROTHERS AUTO Current Land Use , I y. , lFo' !! a r• 430, :' —.,,' 1�" L•. L... _ I J MIS . .>w,� '.,. 'MILLENNIUM DR Commercial i'? Subject Property` Commercial , f NORTH - # r , *jk•. DYCE BLVD Multi -Family ,. Multi -tenant Commercial K /11 'irr,, u, t Golf Course .� r 4. Streets Planned FEMA Flood Hazard Data MSP Class RIM PR INC IPAL ARTERIAL Streets Existing I00 -Year F'loocilllain MSP Class Feet e_ Floodway - PR IN ARTERIAL PKWY 0 112.5 225 450 675 900 --ft PRINCIPAL ARTERIAL 1111 Trail (Proposed) "-I Planning Area 1 inch = 300 feet 1 2 Fayetteville City Limits RZN17-6000 CHRISTIAN BROTHERS A& Future Land Use NORTH Subject Property NNCUM IR IV v w Lu M 5 to r Legend Planning Area t Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint C©y "AYdLOR DR Feet 0 145 290 580 870 1,160 1 inch = 400 feet Cj d S a� sf FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area City Neighborhood Area Civic and Private Open Space/Parks DECEIVED FEB 2 8 201 NoRTHWESTARKANsAs c�'TM �`E K °� ICE Democrat Ordinance: 6036 File Number: *11�azette (2870 .J■\ RZN 17-6000 (2870 E. JOYCE BLVD./CHRISTIAN BROS. AUTOMOTIVE): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-6000 FOR APPROXIMATELY 0.92 ACRES LOCATED AT 2870 EAST JOYCE BOULEVARD FROM C-1, AFFIDAVIT OF PUBLICATION NEIGHBORHOOD COMMERCIAL TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Northwest Arkansas Democrat -Gazette, printed and. published in Section That the City Council of the City Fa1. yette of Fayeeville, Arkansas hereby changes Washington County and Benton County, Arkansas, and of bona fide the zone classification of the property circulation, that from my own personal knowledge and reference shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the to the -files of said publication the advertisement of: Planning Department's Agenda Memo from C-1, Neighburhoud Commercial to UT, Urban Thoroughfare. CITY OF FAYETTEVILLE Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends Ord. 6036 the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 2/6/2018 Approved: Was inserted in the Regular Edition on: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74429118 Feb.15,2018 February 15, 2018 Publication Charges: $ 67.60 &A vu` Cathy Wiles Subscribed and sworn to before me This 0' day ofac% , 2018. AMLA, Notary Public My Commission Expires: Zed .0W_TA,th1v R. ;sHER Notary Pubiic — Arkansas Nlash rgton county Ccmmission # 12703120 r ty Ccmmissicr Expires **NOTE** Please do not pay from Affidavit. Invoice will be sent.