HomeMy WebLinkAboutORDINANCE 6173F FAYETr
�. L4 ,
t I
9 RKANSPS
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6173
File Number: 2019-0200
RZN 19-6572 (1540 E. 15TH ST./EZ MART):
I IIIIIII illlil III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII III I
Doc ID: 018558610003 Type: REL
Kind: ORDINANCE
Recorded: 04/26/2019 at 03:40:33 PM
Fee Amt: $25.00 Paqe 1 of 3
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File 2019-00011776
019-00011776
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-
6572 FOR APPROXIMATELY 2.16 ACRES LOCATED AT 1540 E 15TH STREET FROM C-1,
NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from C-1, Neighborhood Commercial to CS,
Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 4/16/2019
Attest:
Sondra E. Smith, City Clerk
`011111111111 1/
�RK / TR
FAYETTEVILLE'=
s ., lfgNS .•��.
J
i; O'N 1, ; W,�
Page 1 Printed on 4117119
77
T. .
RZN 19-6572
Close Up View
f RSF-4
CLARE.NCE CRAFT
EZ MART 15TH ST. 19-6572
EXHIBIT 'A'
w
a� - o
z
QUz
O
WJ W
=W
h
SANDY DR
OG
AGF
C-1
Proposed CS
Legend
Planning Area Feet
Fayetteville City Limits 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
Total 2.2
I .; -
19-6572
EXHIBIT 'B'
LEGAL DESCRIPTION for TAX PARCEL NO. 765-19979-000:
A part of the Southwest Quarter (SW -1/4) of the Northwest Quarter (SW -1/4) of Section (23), Township Sixteen (16)North
Range Thirty (30) West, being sore particularly described as beginning at a point N 00 degrees 52'51" E3288.11 feet from the
Southwest Corner of said Section 23, said point being on the West right-of-way line of an access road; thence S 32 degrees
12..13.. E427.85 feet with said access road right-of-way; thence along a curve to the right with a radius of 396.1 feet a
distance of 55.03 feet in a southeasterly direction with said access road right-of-way; thence S 24 degrees 14..35.. E 71.98
feet with said access road right-of-way; thence along a curve to the right with a radius of 30 feet a distance of 47.16 feet in
a southwesterly direction with said access road right-of-way to a point that is the intersection of said access road right-of-
way line and the North right-of-way line of State Highway 16; thence S65 degrees 49..03.. W 56.99 feet with the right-of-
way line of State Highway 16; thence along a curve to the right with a radius of 676.2 feet a distance of 234.04 feet in a
southwesterly direction with said right-of-way line of State Highway 16E; thence leaving said right-of-way line of State
Highway 16 N00 degrees 52 ..51.. E 596.61 feet to the point of beginning containing 2.24 acres, more or less, Washington
County, Arkansas. The above described lands also being Lot 41, Fayetteville Industrial Park, Fayetteville, Washington
County, Arkansas.
-LESS AND EXCEPT
Part of Lot 41, Final Replat of Fayetteville Industrial Park to the City of Fayetteville which is also part of the Southwest
Quarter of the Northwest Quarter of Section 23, Township 16 North, Range 30 West, Washington County, Arkansas,
more particularly described as follows:
Commencing at a point being used as the Quarter Corner of Section..s 22 and 23; thence North 02° 40.. 47.. East along the
West line of the Southwest Quarter of the Northwest Quarter of Section 23 a distance of 51.91 feet to a point on the
Northerly right of way line of State Highway 16 as established by AHTD Job 9458 to the POINT OF BEGINNING; thence
continue North 020 40..47.. East along said West line a distance of 8.14 feet to a point on the Northerly right of way line of
State Highway 16 as established by AHTD Job 040578; thence North 870 43.. 53.. East along said right of way line a
distance of 20.31 feet to a point; thence North 77° M. 02.. East along said right of way line a distance of 93.85 feet to a
point; thence North 70' 36.. 58.. East along said right of way line a distance of 162.00 feet to a point; thence North 331 39..
54.. East along said right of way line a distance of
32.46 feet to a point on the Southwesterly right of way line of S. Curtis Ave. as established by AHTD Job 040578; thence
North 61° 42.. 33.. East along said right of way line a distance of 2.99 feet to a point on the Southwesterly prescriptive right
of way line of S. Curtis Ave as established by Affidavit from the City of Fayetteville dated August 18, 2009; thence in a
Southwesterly direction along said right of way line on a curve to the right having a radius of 30.00 feet a distance of 46.51
feet having a chord bearing of South 220 58..41.. West a distance of 41.99 feet to a point on the Northerly right of way line of
U.S. Highway 16 as established by AHTD Job 9458; thence South 670 23.. 21.. West along said right of way line a distance
of 59.48 feet to a point; thence in a Southwesterly direction along said right of way line on a curve to the right having a
radius of 676.17 feet a distance of 221.16 feet having a chord bearing of South 76° 45.. 35.. West a distance of 220.18 feet to
the point of beginning and containing 0.09 acres or 3,893 square feet, more or less, as shown on plans prepared by the
AHTD referenced as Job 040578.
Washington County, AR
I certify this instrument was filed on
04/26/2019 03:40:33 PM
and recorded in Real Estate
File Number 2019-00011776
Kyle. Sylvester - Ci Wt Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
\ z Text File
\ File Number: 2019-0200
Agenda Date: 4/16/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
RZN 19-6572 (1540 E. 15TH ST./EZ MART):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6572 FOR APPROXIMATELY 2.16 ACRES LOCATED AT 1540 E 15TH STREET FROM C-1,
NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from C-1, Neighborhood Commercial to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 4/17/2019
City of Fayetteville Staff Review Form
2019-0200
Legistar File ID
4/16/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 3/29/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 19-6572: Rezone (1540 E. 15TH ST./EZ MART, 565): Submitted by AMY MARTIN for property located at 1540 E.
15TH ST. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.16 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
MEETING OF APRIL 16, 2019
TO: Mayor, Fayetteville City Council
THRU: Don Marr, Chief of Staff
. Garner Stoll, Development Services Director
FROM: Andrew Garner, Planning Director
DATE: March 29, 2019
SUBJECT: RZN 19-6572: Rezone (1540 E. 15TH ST./EZ MART, 565): Submitted by AMY
MARTIN for property located at 1540 E. 15TH ST. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.16 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to CS, Community Services, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property contains approximately 2 acres at the northwest corner of 15th Street and
Curtis Avenue. The property is developed with a gas station and convenience store. On April 6,
1982, the City Council approved a rezoning of the subject property from R -O, Residential Office,
to C-1, Neighborhood Commercial, subject to a Bill of Assurance. The Bill of Assurance limits use
on the property to a gas station, convenience store and car wash. In April 2018 the property owner
requested that the City Council remove the Bill of Assurance to facilitate the sale of the property.
The City Council denied the request and discussed a preference to rezone the property to a form -
based zoning district.
Request. The request is to rezone the property from C-1, Neighborhood Commercial, to CS,
Community Services. The rezoning will remove the existing Bill of Assurance that is tied to the C-
1 zoning.
Land Use Compatibility: Land uses adjacent to the subject property are residential to the west,
undeveloped commercially -zoned property to the east and north, and industrial use to the south.
The property was developed for a gas station and convenience store almost 30 years ago. The
property has been a long-established commercial corner serving the industrial park,
neighborhoods to the north, and the greater Fayetteville area for many years. This combined with
the property's corner location on a high-volume arterial 15" Street/State Highway 16, make this
site an ideal location for continued use for businesses, services and higher intensity residential.
The rezoning to CS would be a minimal change in land use compatibility given that the commercial
use of the property has been integrated into the neighborhood for many years.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Plan Analysis: The proposal is consistent with the land use planning objectives,
principles and policies, as evidenced by the number of guiding policies for City Neighborhood
Area this proposal meets. Rezoning the property will accommodate the future land use plan
for non-residential and residential uses in this intended medium -intensity area along a
principal arterial/state highway. The property is considered infill in the core of the city. The
proposed rezoning is in an area that has adequate streets, water, and sewer facilities, and is
adjacent to a busy corridor and a service node to the industrial park and surrounding
residential neighborhoods. Additionally, the CS zoning is a form -based district with a build -to
zone that requires a compact and efficient development pattern.
DISCUSSION:
On March 25, 2019, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval by a vote of 9-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
2
RZN19-6572
EZ
MART
15TH
ST.
19-6572
EXHIBIT 'A'
Close up view
W
Qo
�
Li
z
o
z
O J
RSF-4
W
J
W W
=
N
Z
CLARENCE CRAFT D
SANDY DR
OG
Subject Property
�
ca
RMF -24
Proposed CS
i
1-2
� I
z
0:
a
O
�
+
a
v
-2
° NORTH
Zoninq Acres
CS 2.2
Legend
Planning Area
Feet
Fayetteville City Limits
0 75 150 300
450
600
Building Footprint
1 inch = 200 feet
Total 2.2
19-6572
EXHIBIT 'B'
LEGAL DESCRIPTION for TAX PARCEL NO. 765-19979-000:
A part of the Southwest Quarter (SW -1/4) of the Northwest Quarter (SW -1/4) of Section (23), Township Sixteen (16)North
Range Thirty (30) West, being sore particularly described as beginning at a point N 00 degrees 52'51" E3288.11 feet from the
Southwest Corner of said Section 23, said point being on the West right-of-way line of an access road; thence S 32 degrees
12..13.. E427.85 feet with said access road right-of-way; thence along a curve to the right with a radius of 396.1 feet a
distance of 55.03 feet in a southeasterly direction with said access road right-of-way; thence S 24 degrees 14..35.. E 71.98
feet with said access road right-of-way; thence along a curve to the right with a radius of 30 feet a distance of 47.16 feet in
a southwesterly direction with said access road right-of-way to a point that is the intersection of said access road right-of-
way line and the North right-of-way line of State Highway 16; thence S65 degrees 49..03.. W 56.99 feet with the right-of-
way line of State Highway 16; thence along a curve to the right with a radius of 676.2 feet a distance of 234.04 feet in a
southwesterly direction with said right-of-way line of State Highway 16E; thence leaving said right-of-way line of State
Highway 16 N00 degrees 52 ..51.. E 596.61 feet to the point of beginning containing 2.24 acres, more or less, Washington
County, Arkansas. The above described lands also being Lot 41, Fayetteville Industrial Park, Fayetteville, Washington
County, Arkansas.
-LESS AND EXCEPT
Part of Lot 41, Final Replat of Fayetteville Industrial Park to the City of Fayetteville which is also part of the Southwest
Quarter of the Northwest Quarter of Section 23, Township 16 North, Range 30 West, Washington County, Arkansas,
more particularly described as follows:
Commencing at a point being used as the Quarter Corner of Section..s 22 and 23; thence North 02° 40.. 47.. East along the
West line of the Southwest Quarter of the Northwest Quarter of Section 23 a distance of 51.91 feet to a point on the
Northerly right of way line of State Highway 16 as established by AHTD Job 9458 to the POINT OF BEGINNING; thence
continue North 02' 40..47.. East along said West line a distance of 8.14 feet to a point on the Northerly right of way line of
State Highway 16 as established by AHTD Job 040578; thence North 87° 43.. 53.. East along said right of way line a
distance of 20.31 feet to a point; thence North 771 M. 02.. East along said right of way line a distance of 93.85 feet to a
point; thence North 70° 36.. 58.. East along said right of way line a distance of 162.00 feet to a point; thence North 33° 39:.
54.. East along said right of way line a distance of
32.46 feet to a point on the Southwesterly right of way line of S. Curtis Ave. as established by AHTD Job 040578; thence
North 61142.. 33.. East along said right of way line a distance of 2.99 feet to a point on the Southwesterly prescriptive right
of way line of S. Curtis Ave as established by Affidavit from the City of Fayetteville dated August 18, 2009; thence in a
Southwesterly direction along said right of way line on a curve to the right having a radius of 30.00 feet a distance of 46.51
feet having a chord bearing of South 22° 58.. 41.. West a distance of 41.99 feet to a point on the Northerly right of way line of
U.S. Highway 16 as established by AHTD Job 9458; thence South 67' 23.. 21.. West along said right of way line a distance
of 59.48 feet to a point; thence in a Southwesterly direction along said right of way line on a curve to the right having a
radius of 676.17 feet a distance of 221.16 feet having a chord bearing of South 76° 45.. 35.. West a distance of 220.18 feet to
the point of beginning and containing 0.09 acres or 3,893 square feet, more or less, as shown on plans prepared by the
AHTD referenced as Job 040578.
PLANNING COMMISSION MEMO
TO: City of Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: March 25, 2019 (Updated with Planninq Commission results)
SUBJECT: RZN 19-6572: Rezone (1540 E. 15TH ST./EZ MART, 565): Submitted by
AMY MARTIN for property located at 1540 E. 15TH ST. The property is
zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately
2.16 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6572 to the City Council with a recommendation for
approval.
RECOMMENDED MOTION: "I move to forward RZN 19-6572 to the City Council with a
recommendation for approval."
BACKGROUND:
The subject property contains approximately 2 acres at the northwest corner of 15th Street and
Curtis Avenue. The property is developed with a gas station and convenience store. On April 6,
1982, the City Council approved a rezoning of the subject property from R -O, Residential Office,
to C-1, Neighborhood Commercial, subject to a Bill of Assurance. The Bill of Assurance limits use
on the property to a gas station, convenience store and car wash. In April 2018 the property owner
requested that the City Council remove the Bill of Assurance to facilitate the sale of the property.
The City Council denied the request and discussed a preference to rezone the property to a form -
based zoning district. Surrounding land uses and zoning are listed on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped; single-family residential
C-1, Neighborhood Commercial; RMF -24,
Residential Multi -family 24 Units per Acre
South
Industrial use
1-2, Heavy Industrial
East
Undeveloped
C-1, Neighborhood Commercial
West
Mobile home park
RMF -24, Residential Multi -family 24 Units per
Acre
Mailing Address: Planning Commission
113 W. Mountain Street www.fayettevilie-Y@Fgb�5, 2019
Fayetteville, AR 72701 Agenda Item 15
19-6572 EZ Mart
Page 1 of 15
Request: The request is to rezone the property from C-1, Neighborhood Commercial, to CS,
Community Services. The rezoning will remove the existing Bill of Assurance that is tied to the C-
1 zoning.
Public Comment: Staff has not received public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject parcel has frontage on South Curtis Avenue and East 15th Street.
South Curtis Avenue is a partially improved local, asphalt street with curb, gutter,
and sidewalk along the parcel's frontage. East 15th Street is a fully improved
principal arterial and state highway. Any street improvements required in these
areas would be determined at the time of development proposal.
Water: Public water is available to the subject parcel. There is an existing 12 -inch water
main that runs along East 15th Street.
Sewer: Sanitary Sewer is available to the subject parcel. There is an existing 6 -inch
sanitary sewer that runs along the neighboring parcel's eastern boundary.
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 floodpfain 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 site will be protected by Fire Station 3, located at 1050 S. Happy Hollow Road.
The property is located approximately 0.4 miles from the fire station with an
anticipated drive time of approximately 1 minute using existing streets. The
anticipated response time would be approximately 3.2 minutes. Within the City
limits, the Fayetteville Fire Department has a response time goal of 6 minutes for
an engine and 8 minutes for a ladder truck.
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
residential to the west, undeveloped commercially -zoned property to the
east and north, and industrial use to the south. The property was developed
Planning Commission
GAETC\Development Services RevievA2019\Development Services\19-6572 RZN 1540 E. 15th St. (EZ Mart) 565\ March 25, 2019
03 Planning Commission\03-25-2019\Comments and Redlines Agenda Item 15
19-6572 EZ Mart
Page 2 of 15
for a gas station and convenience store almost 30 years ago. The property
has been a long-established commercial corner serving the industrial park,
neighborhoods to the north, and the greater Fayetteville area for many years.
This combined with the property's corner location on a high-volume arterial
15th Street/State Highway 15, make this site an ideal location for continued
use for businesses, services and higher intensity residential. The rezoning
to CS would be a minimal change in land use compatibility given that the
commercial use of the property has been integrated into the neighborhood
for many years.
Land Use Plan Analysis: The proposal is consistent with the land use
planning objectives, principles and policies, as evidenced by the number
of guiding policies for City Neighborhood Area this proposal meets.
Rezoning the property will accommodate the future land use plan for non-
residential and residential uses in this intended medium -intensity area
along a principal arterial/state highway. The property is considered infill
in the core of the city. The proposed rezoning is located in an area that
has adequate streets, water, and sewer facilities, and is adjacent to a
busy corridor and a service node to the industrial park and surrounding
residential neighborhoods. Additionally, the CS zoning is a form -based
district with a build -to zone that requires a compact and efficient
development pattern.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezoning of the property to CS is justified. The existing gas station and
convenience store use may continue under the C-1 zoning, however, no
other uses are permitted because of the Bill of Assurance. The city council
has directed the applicant towards rezoning to a form -based zoning as
opposed to removing the Bill of Assurance. The CS district is the most
appropriate such district that would allow the gas station to continue by right
while maintaining a neighborhood -scale pattern.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has been zoned C-1 and developed for a gas station and
convenience store for many years. The change to CS would allow very
similar commercial uses that would not create or appreciably increase traffic
danger and congestion compared to the existing zoning.
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: Increased load on public services were taken into consideration and
recommendations from the Engineering, Fire, and Police Departments
and are included in this report. The proposed zoning change should have
no substantial adverse impact on public services.
Planning Commission
GAETC\Development Services Review\2019\Development Services\19-6572 RZN 1540 E. 15th St. (EZ Mart) 565\ March 25, 2019
03 Planning Commission\03-25-2019\Comments and Redlines Agenda Item 15
19-6572 EZ Mart
Page 3 of 15
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 forwarding RZN 19-6572 to the City Council with a
recommendation for approval
PLANNING COMMISSION ACTION: Required YES
Date: March 25, 2019
Motion: Autry
Second: Winston
Vote: 9-0-0
ICITY COUNCIL ACTION:
I Date:
BUDGET/STAFF IMPACT:
None
O Tabled ® Forwarded O Denied
Notes: Recommend approval
Required YES
O Approved O Denied
Attachments:
• Unified Development Code:
o §161.21, C-1, Neighborhood Commercial
o Bill of Assurance for subject property
o §161.22, CS, Community Services
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
GAETC\Development Services Review\20190evelopment Services\19-6572 RZN 1540 E. 15th St. (EZ Mart) 565\ March 25, 2019
03 Planning Commission\03-25-2019\Comments and Redlines Agenda Item 15
19-6572 EZ Mart
Page 4 of 15
Fayetteville Unified Development Code
161.21 - District C-1, Neighborhood Commercial
I
(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 right-of-way and the building 50 feet
Side None
Side, when contiguous to a residential district 10 feet
Rear 20 feet
(F) Building Height Regulations. Building Height Maximum 5 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds
two (2) stories shall have an additional setback from any boundary line of an adjacent
residential district. The amount of additional setback for the portion of the building over
two (2) stories shall be equal to the difference between the total height of that portion of
the building, and two (2) stories.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the
total area of such lot.
Planning Commission
GAETC\Development Services RevieM2019\Development Services\19-6572 RZN 1540 E. 15th St. (EZ Mart) 565\ March 25, 2019
03 Planning Commission\03-25-2019\Comments and Redlines Agenda Item 15
19-6572 EZ Mart
Page 5 of 15
161.22 - Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience
goods and personal services for persons living in the surrounding residential areas and is
intended to provide for adaptable mixed use centers located along commercial corridors that
connect denser development nodes. There is a mixture of residential and commercial uses in a
traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise
Control, the Community Services district is a commercial zone. The intent of this zoning district is
to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
Unit 4
Unit 5
Unit 8
Unit 9
Unit 10
Unit 13
Unit 15
Unit 18
Unit 24
Unit 25
Unit 26
Unit 41
Unit 44
Unit 45
City-wide uses by right
Cultural and recreational facilities
Government facilities
Single-family dwellings
Two-family dwellings
Three (3) and four (4) family dwellings
Eating places
Neighborhood Shopping goods
Gasoline service stations and drive-in/drive through restaurants
Home occupations
Offices, studios and related services
Multi -family dwellings
Accessory dwellings
Cluster Housing Development
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 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
Planning Commission
GAETC\Development Services Review\2019\Development Services\19-6572 RZN 1540 E. 15th St. (EZ Mart) 565\ March 25, 2019
03 Planning Comm ission\03-25-201 9\Comments and Redlines Agenda Item 15
19-6572 EZ Mart
Page 6 of 15
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others 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 5 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
Planning Commission
GAETC\Development Services Review\2019\Development Services\19-6572 RZN 1540 E. 15th St. (EZ Mart) 565\ March 25, 2019
03 Planning Commission\03-25-2019\Comments and Redlines Agenda Item 15
19-6572 EZ Mart
Page 7 of 15
BILL OF ASSURANCE 1�8� /(/// `����r'D�h
This declaration of a Bill of Assurance made
�lrClgcTl:.gyp
pday of 1982, by the City of Fa e" ` 1r
Arkansas, owner of the following described real estate located
in the City of Fayetteville, Washington•County, Arkansas,
and more particularly described as follows, to -wit:
A part of the SWk of the NWk of Section 23, T16N,
R30W, being more particularly described as beginning
at a point N 00 52' 51".E 3288.11 feet of the Southwest
corner of said Section 23, said point being on the West
Right -of -Way line of an access road; thence running
S 320 12' 13" E 427.85 feet with said access road
Right -of -Way; thence along a curve to the right with a
radius of 396.1 feet a distance of 55.03 feet in a
Southeasterly direction with said access road Right -of -Way;
thence S 24° 14' 35" E 71.98 feet with said access
road Right -of -Way; thence along a curve to the right
with a radius of 30 feet a distance of 47.16 feet in a
Southwesterly direction with said access road Right -of -Way
to a point that is the intersection of said access
road Right -of -Way Line and the North Right -of -Way Line
of State Highway No. 16; thence S 65° 49' 03" W 56.99
feet with the Right -of -Way Line of State Highway No. 16;
thence along a curve to the right with a radius of 676.2
feet a distance of 234.04 feet in a Southwesterly direction
with said Right -of -Way Line of State Highway No. 16; +
J thence leaving said Ripht-of-Way Line of State Highway
No. 16 and running N 0 52' 51" E 596.61 feet to the
point of beginning and containing 2.24 acres more or less.
WHEREAS, the Fayetteville City Board of Directors has
d
amended the Fayetteville zoning map and rezoned the above
described property from R-0, Residential Office District,
to C-1, Neighborhood Commercial District; and
WHEREAS, the owner has agreed to sell said property and
to subject the development of said real estate pursuant to
certain covenants and restrictions pertaining to same; and
WHEREAS, the owner is desirous of making a declaration
of the same in the form of this Bill of Assurance with the
intention'of guaranteeing the preservation of certain values
and amenities in the community and to bind itself, its successors
and assigns and the aforedescribed real estate and its subsequent
owners with the obligations and restrictions hereinafter set
forth for all present and future development and use of said
property.
Ar1Q65 $13
Planning Commission
March 25, 2019
Agenda Item 15
19-6572 EZ Mart
Page 8 of 15
_2_
NOW THEREFORE, the owner declares that the above described
real property shall be held, developed, transferred, sold,
conveyed, and occupied subject to the covenants and restrictions
herein set forth:
I.
Development of said property shall be limited to a
convenience grocery store with gasoline pumps and a car wash.
WITNESS my hand and seal on this <X6 day of
1982.
rn
CITY OF FAYETTEVILLE, ARKANSAS
By 2-16&0,�7,, i9 /
MAYOR----r----F-
STATE OF ARKANSAS )
ss:
COUNTY OF WASHINGTON ) ACKNO14LEDGMENT,
BE IT REMEMBERED that on this day came before the
undersigned, a Notary Public, within and for the County
aforesaid, duly commissioned and acting, Paul Noland and
Sherry Rowe, Mayor and City Clerk, to me well known, who
acknowledged that they were authorized in their capacity
to execute the foregoing Bill of Assurance on behalf of
said City of Fayetteville, Arkansas, and had executed same
for the consideration and purposes therein mentioned and
set forth.
,,WITNESS m.hand and seal as such Notary Public, this
� fmy.
,hand
day of l- 1982,
.411
ray,; :N
My U uq�Ys.s on xpires :
13otary ulic r
4+1665 844
Planning Commission
March 25, 2019
Agenda Item 15
19-6572 EZ Mart
Page 9 of 15
CITY OF
Tavyle Mev 'e
ARKANSAS
TO: Andrew Garner, Planner
CC: Battalion Chief Brian Sloat, Fire Marshal
FROM: Rodney Colson, Fire Protection Engineer
DATE: March 19, 2019
SUBJECT: RZN 19-6572: Rezone (1540 E. 15th St./EZ Mart, 565)
„Fp,YET7EVILI.0
qac &
O=PT.'
Fire apparatus access and fire protection water supplies will be reviewed for compliance with the
Arkansas Fire Prevention Code at the time of development.
The site will be protected by Fire Station 3, located at 1050 S. Happy Hollow Road. The property
is located approximately 0.4 miles from the fire station with an anticipated drive time of
approximately 1 minute using existing streets. The anticipated response time would be
approximately 3.2 minutes. Fire Department response time is calculated based on the drive time
plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville
Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder
truck.
FAYETTEVILLE FIRE MARSHAL'S OFFICE Planning Commission
833 N. Crossover Road www.fayetteville-Mf.�gW, 2019
Fayetteville, AR 72701.-2701. Agenda Item 15
19-6572 EZ Mart
Page 10 of 15
STATEMENT OF "CO.MPATIBILITY IN SUPPORT OF REZONING APPLICATION
PARCEL NO. 765-1997-9-000
The property located at 1540 E. 15'h Street is currently be used to operate an EZ Mart
convenience store and gas station (the "Property"). The Property is adjacent to a mobile home
park with approximately 75 mobile homes. There is also a residential neighborhood to the
northeast of the Property. Across the street from the Property is the Fayetteville Industrial Park.
The proposed rezoning district of Community Services ("CS") would be a compatible district for
the Property because the CS district is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas. The Property would be
suitable for a mixture of residential and commercial uses. Thus, if Property were ever
redeveloped, the residents in the area would benefit from the Property being zoned in the CS
district. The proposed rezoning of the Property will not unreasonably adversely affect or conflict
with the surrounding land uses.
Planning Commission
March 25, 2019
Agenda Item 15
19-6572 EZ Mart
Page 11 of 15
Agenda Item 15
19-6572 EZ Mart
Page 12 of 15
Agenda Item 15
19-6572 EZ Mart
Page 13 of 15
RZN19-6572
Current Land Use
EZ MART 15TH ST.
I /
r I
CLARENCE.CRAFT DR
• r i { ' (�'{ �F I1 _''`'� _ r iii , ___ 'y
-1 13. J`� - V t� I i I
Mobile Home Park �,- Undeveloped
-t== . Subject
-'t
Fayetteville Parks
Depart
Q o Industrial 'A ` ;R� p
Z
p x 0y
Q y
x 9L �4 r i
6 a �a
Uj
Streets Existing
MSP Class
MINOR ARTERIAL
PRINCIPAL ARTERIAL
Planning Area
Fayetteville City Limits
Feet
0 75 150 300 450 600
1 inch = 200 feet
FEMA Flood Hazard Data
p 100 -Year Floodplain
Floodway
-tttmetr25, 2019
Agenda Item 15
19-6572 EZ Mart
Page 14 of 15
NORTH
Uj
ZI
,..w
w't
W
ZJV 1
s W
• _
W SANDY -DR
Single -Family Residential
_
-1 13. J`� - V t� I i I
Mobile Home Park �,- Undeveloped
-t== . Subject
-'t
Fayetteville Parks
Depart
Q o Industrial 'A ` ;R� p
Z
p x 0y
Q y
x 9L �4 r i
6 a �a
Uj
Streets Existing
MSP Class
MINOR ARTERIAL
PRINCIPAL ARTERIAL
Planning Area
Fayetteville City Limits
Feet
0 75 150 300 450 600
1 inch = 200 feet
FEMA Flood Hazard Data
p 100 -Year Floodplain
Floodway
-tttmetr25, 2019
Agenda Item 15
19-6572 EZ Mart
Page 14 of 15
Agenda Item 15
19-6572 EZ Mart
Page 15 of 15
NORTHWEST ARKANSAS �x o s 2oi9
a �t(SDemocrat oTMaERKC CE
7
BOX 1607, E. AP -72702 47.,a_L. 479,695-11.18 - to ch ti r Ar , M
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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 6173
Was inserted in the Regular Edition on:
April 25, 2019
Publication Charges: $ 65.00
Cathy Sta q
s
Subscribed and sworn to before me
This '_4,jday of 491 , 2019.
a '-V' U), &
Notary Public ir
My Commission Expires: �, fz"
CATHY tpYlUES
��,rf:�lor�, • �=�1tEori Ccu�2q,
!' Notary G"unc - Carjjn:-� S23�i[aC
li ftcy Commissicfl lrnh?, Fab 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6173
File Number: 2019-0200
RZN 19-6572 (1540 E. 15TH ST./EZ MART):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6572 FOR
APPROXIMATELY 2.16 ACRES LOCATED
AT 1540 E 15TH STREET FROM C -I,
NEIGHBORHOOD COMMERCIAL TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map
(Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's
Agenda Memo from C-1, Neighborhood
Commercial to CS, Community Services.
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to
reflect the zoning change provided in Section 1.
PASSED and APPROVED on 4/16/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74919401 Apr. 25, 2019
Orta (DM
NOTICE OF CANCELLATION OF BILL OF ASSURANCE oZ Wit
WHEREAS, a declaration of a Bill of Assurance dated May 28, 1982, was filed of record
on June 9, 1982, by the City of Fayetteville, Arkansas, at Book 1065, Page 843, for the following
real property:
A part of the SW '/4 of the NW 1/4 of Section 23, T16N, R3OW, being more
particularly described as beginning at a point N 0° 52' 51" E 3288.11 feet of the
Southwest corner of said Section 23, said point being on the West Right-of-Way
line of an access road; thence running S 32° 12' 13"E 427.85 feet with said access
road Right-of-Way; thence along a curve to the right with a radius of 396.1 feet a
distance of 55.03 feet in a Southeasterly direction with said access road Right-of-
Way;thence S 24° 14' 35"E 71.98 feet with said access road Right-of-Way;thence
along a curve to the right with a radius of 30 feet a distance of 47.16 feet in a
Southwesterly direction with said access road Right-of-Way to a point that is the
intersection of said access road Right-of-Way Line and the North Right-of-Way
Line of State Highway No. 16; thence S 65° 49' 03" W 56.99 feet with the Right-
of-Way Line of State Highway No. 16; thence along a curve to the right with a
radius of 676.2 feet a distance of 234.04 feet in a Southwesterly direction with said
Right-of-Way Line of State Highway No. 16; thence leaving said Right-of-Way
Line of State Highway No. 16 and running N 0° 52' 51" E 596.61 feet to the point
of beginning and containing 2.24 acres more or less.
WHEREAS, on April 16, 2019, the City Council of the City of Fayetteville, Arkansas,
passed and approved Ordinance 6173 and changed the zone classification of the property from C-
1,Neighborhood Commercial to CS, Community Services.
NOW THEREFORE, as a result of Ordinance 6173 and the changed zone classification
referenced therein,the Bill of Assurance is hereby null and void and no longer valid or enforceable.
WITNESS my hand and seal on this .2 ( day of May,2019.
CITY OF FAY' EVIL ARKANSAS
-1/
BY i.i� ',A
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
ss:
COUNTY OF WASHINGTON )
BE IT REMEMBERED that on this day came before the undersigned, a Notary Public,
within and for the County aforesaid, duly commissioned and acting,mpt-1 og_. L;60(.4.0 '31)Q-agtJ
who to me is well known, who acknowledged that he was authorized in his capacity to execute
the foregoing Notice of Cancellation of Bill of Assurance on behalf of said City of Fayetteville,
Arkansas, and had executed same for the consideration and purposes therein mentioned and set
forth.
WITNESS my hand and seal as such Notary Public, this ( day of May 2019.
Q !/ , WIPP cNo .
9
Tq??$o = Notary Public
94' Qe'81/c h : coo ."frYPEs
%. ••3-2023•.•' Q•
-