HomeMy WebLinkAboutORDINANCE 6251ARCHIVED
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Doc ID: 018903430004 Type: REL
113 West Mountain Street Kind: ORDINANCE
Recorded: 11/15/2019 at 11:21:17 AM
Fayetteville, AR 72701 Fee Amt: $30.00 Page 1 of 4
ton(479)575-8323 Kyle1SylvesternCircuit Clerk
Ordinance: 6251 File2019-00035072
File Number: 2019-0638
RZN 19-6809 (NE OF GREGG AVE. & VAN ASCHE DR./FITZROY FAYETTEVILLE,
LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-
6809 FOR APPROXIMATELY 20.71 ACRES LOCATED NORTHEAST OF GREGG AVENUE AND
VAN ASCHE DRIVE FROM P-1, INSTITUTIONAL 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 P-1, Institutional 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 11/5/2019
Page 1 Printed on 1116119
RZN 19-6809
Close Up View
h
FITZROY FAYETTEVILLE, LLC 19-6809
EXHIBIT W
Subject Property
1
See attached FEMA Map
' Revisions
1
Legend
Hillside -Hilltop Overlay District
Shared Use Paved Trail
Trail (Proposed)
�— j Design Overlay District
L- I Planning Area
L – Fayetteville City Limits
Building Footprint
P-1 Proposed UT
C-1
H
Z
LU
N
Lu
Z
W
Q
0
0
L OQ
0
ASCHE%*'
RSF-4
Feet
0 145 290 580 870 1,160
1 inch = 400 feet
A&
NORTH
Zoning Acres
UT 17.3
Total 17.3
19-6809
EXHIBIT 'B'
Lot 20 and a part of Lot 21 of a Lot Split recorded in Book 2008 Page 39711 and being a part of Phase III
of the CMN Business Park II to the City of Fayetteville, Washington County Arkansas, being more
particularly described as follows:
Commencing at the Southwest Corner of said Lot 21; thence along the East Right -of -Way Line of Gregg
Avenue, N01°33'44"E 195.88 feet to the Point of Beginning (POB); thence continuing along said East
Line, the following seven courses: N01°33'44"E, 641.66 feet; NO3°29'02"E, 193.99 feet; NO1°22'17"E,
306.46 feet; NO3°16'50"E, 117.28 feet; NO2'24'45"E, 275.23 feet; N16°32'02"E, 225.44 feet; and
N13°03'47"E, 20.81 feet; thence leaving said East Line, the following eight courses: S87°13'50"E, 60.67
feet; S41°52'55"E, 94.83 feet; S53°06'40"E, 115.81 feet; S71°54'49"E, 194.56 feet; S02°00'29"W, 783.10
feet; S06°37'47"W, 230.20 feet; S02°32'29"E, 286.90 feet; and S06°00'59"E, 48.90 feet to the North
Right -of -Way Line of Van Asche Drive; thence along said North Line, along a non -tangent curve to the
left, an arc distance of 143.93 feet, said curve having a radius of 455.00 feet, and a chord bearing and
distance of S56°20'14"W, 143.33 feet; thence continuing along said North Line, S47°16'30"W, 118.91
feet; thence continuing along said North Line, along a tangent curve to the right, an arc distance of
277.28 feet, said curve having a radius of 345.00 feet, and a chord bearing and distance of S70°23'45"W,
269.88 feet; thence continuing along said North Line, along a tangent curve to the right, an arc distance
of 46.15 feet, said curve having a radius of 30.00 feet, and a chord bearing and distance of
N42°30'31"W, 41.73 feet to the Point of Beginning (POB) containing 753012.86 square feet, 17.29 acres
as surveyed. Subject to any easements rights-of-way or covenants of record.
Washington County, AR
I certify this instrument was filed on
1111512019 11:21:17 AM
and recorded in Real Estate
File Number 201,9-()()035072 '5
Kyle Sylvester -
by
- - - - - - -
FA7E'T City of Fayetteville, Arkansas 113 West Mountain Street
n FL
ie
Fayetteville,AR 72701
ll o .-+1,m I (479)575-8323
,alai ; Text File
4RKANS PS
File Number: 2019-0638
Agenda Date: 11/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 4
RZN 19-6809(NE OF GREGG AVE.&VAN ASCHE DR./FITZROY FAYETTEVILLE,LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6809 FOR APPROXIMATELY 20.71 ACRES LOCATED NORTHEAST OF GREGG AVENUE
AND VAN ASCHE DRIVE FROM P-1,INSTITUTIONAL 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 P-1,Institutional 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 11/6/2019
City of Fayetteville Staff Review Form
2019-0638
Legistar File ID
10/15/2019
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Garner Stoll 9/27/2019 CITY PLANNING (630)
Submitted By Submitted Date Division/ Department
Action Recommendation:
RZN 19-6809: Rezone (NE OF GREGG AVE. &VAN ASCHE DR./FITZROY FAYETTEVILLE, LLC., 172): Submitted by
HARRISON FRENCH ARCHITECTS for properties located NE OF GREGG AVE. &VAN ASCHE DR. The properties are
zoned P-1, INSTITUTIONAL and contain approximately 20.71 acres.The request is to rezone the property to UT,
URBAN THOROUGHFARE.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance $
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
trFAYETTEVILLE CITY COUNCIL MEMO
ARKANSAS
MEETING OF OCTOBER 15, 2019
TO: Mayor; Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, Planning Director
FROM: Abdul R. Ghous, Planner
DATE: September 27, 2019
SUBJECT: RZN 19-6809: Rezone (NE OF GREGG AVE. & VAN ASCHE DR./FITZROY
FAYETTEVILLE, LLC., 172): Submitted by HARRISON FRENCH ARCHITECTS
for properties located NE OF GREGG AVE. & VAN ASCHE DR. The properties
are zoned P-1, INSTITUTIONAL and contain approximately 20.71 acres. The
request is to rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to UT, Urban Thoroughfare, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located east of Gregg Avenue, and north of Van Asche Drive.The property
zoned P-1, Institutional zoning district and is currently undeveloped. The east and north
boundaries of the site are bounded by Scull Creek and Mud Creek. These riparian corridors are
owned by the City of Fayetteville and are developed with the Scull Creek/Razorback Greenway
paved trail. The Razorback Greenway is comprised of 36 miles primarily of off-road shared use
trail connecting from south Fayetteville to Bella Vista. The subject property is almost entirely
covered with the Scull Creek 100-year floodplain. City Engineering Department issued a grading
permit in 2007 and the site was raised out of the floodplain. Additionally, FEMA issued letter of
map revision for this parcel in 2008, stating "The Minimum NFIP criteria for removal of the subject
area based on fill have been met for this request and the community in which the property is
located has certified that the area and any subsequent structure(s) built on the filled area are
reasonable safe from flooding.". The property is within 1,000 feet of the boundary between the
City of Fayetteville and the City of Johnson.
Request:The applicant requests to rezone the property as depicted in the attached rezoning
exhibit. The request is to rezone the property, from P-1, Institutional, to UT, Urban
Thoroughfare, to allow for future urban development on the site.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Compatibility: The property is generally compatible with the proposed zoning. having
industrial uses to the west and undeveloped commercial properties and City park land on the
remaining sides. The area is appropriate for commercial and dense residential development.
Land Use Plan Analysis: City Plan 2030 designates the subject properties as an Urban Center
Area. This designation supports a wide spectrum of residential and commercial uses,
encouraging mixed-use and traditional neighborhood design for all housing types and an
emphasis on large, regional commercial developments. The proposed Urban Thoroughfare
zoning accommodates many of the guiding policies of the Urban Center Area. Among these are
the encouragement of intensive, and mixed uses and the realization of Fayetteville's market
potential. Additionally, the geographic location of the subject properties and their proximity to
many of the City's transportation amenities can allow future development to align with several
other goals associated with an Urban Center Area, including, but not limited to, shared parking,
connectivity, promotion of alternative modes of transportation, and the creation of a regional
commercial center. Urban Thoroughfare would allow numerous uses that are a compatible fit.
From single-family and multi-family dwellings to hotels, offices, and retail of varying sizes, Urban
Thoroughfare permits the necessary land uses that can both fulfill compatibility with neighboring
uses, and achieve the principles of an Urban Center Area set forth in City Plan 2030.
Staff finds that the proposed zoning is justified and needed to accommodate planned
development of this area. The applicant has requested the zoning change in order to make the
property more attractive for development. The P-1 zoning district does not allow commercial or
residential use, severely limiting opportunity for the parcel.
DISCUSSION:
On September 23, 2019, 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.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
• FEMA Map Revision
2
RZN19-6809 FITZROY FAYETTEVILLE, LLC 19-6809
Close Up View EXHIBIT 'A'
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: Revisions 1
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„- - ° I-t Proposed UT
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NORTH-
•
Legend Zoning Acres
,..,,../....,, Hillside-Hilltop Overlay District
Shared Use Paved Trail UT 17 3
Trail(Proposed)
i _ j Design Overlay District Feet
ii Planning Area 0 145 290 580 870 1.160
_ _I Fayetteville City Limits
Building Footprint 1 inch = 400 feet Total 17.3
19-6809
EXHIBIT 'B'
Lot 20 and a part of Lot 21 of a Lot Split recorded in Book 2008 Page 39711 and being a part of Phase Ill
of the CMN Business Park II to the City of Fayetteville, Washington County Arkansas, being more
particularly described as follows:
Commencing at the Southwest Corner of said Lot 21;thence along the East Right-of-Way Line of Gregg
Avenue, N01°33'44"E 195.88 feet to the Point of Beginning (POB);thence continuing along said East
Line, the following seven courses: N01°33'44"E, 641.66 feet; NO3°29'02"E, 193.99 feet; N01°22'17"E,
306.46 feet; NO3°16'50"E, 117.28 feet; NO2°24'45"E, 275.23 feet; N16°32'02"E, 225.44 feet; and
N13°03'47"E, 20.81 feet; thence leaving said East Line, the following eight courses: 587°13'50"E, 60.67
feet; S41°52'55"E, 94.83 feet; 553°06'40"E, 115.81 feet; S71°54'49"E, 194.56 feet; 502°00'29"W, 783.10
feet; 506°37'47"W, 230.20 feet; 502°32'29"E, 286.90 feet; and S06°00'59"E,48.90 feet to the North
Right-of-Way Line of Van Asche Drive; thence along said North Line, along a non-tangent curve to the
left, an arc distance of 143.93 feet, said curve having a radius of 455.00 feet, and a chord bearing and
distance of S56°20'14"W, 143.33 feet; thence continuing along said North Line, 547°16'30"W, 118.91
feet; thence continuing along said North Line, along a tangent curve to the right, an arc distance of
277.28 feet, said curve having a radius of 345.00 feet, and a chord bearing and distance of 570°23'45"W,
269.88 feet; thence continuing along said North Line, along a tangent curve to the right, an arc distance
of 46.15 feet, said curve having a radius of 30.00 feet, and a chord bearing and distance of
N42°30'31"W, 41.73 feet to the Point of Beginning(POB) containing 753012.86 square feet, 17.29 acres
as surveyed. Subject to any easements rights-of-way or covenants of record.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
IF ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Abdul R. Ghous, Planner
MEETING DATE: September 23, 2019 PC Updated 9.24.2019
SUBJECT: RZN 19-6809: RZN 19-6809: Rezone (NE OF GREGG AVE. & VAN
ASCHE DR./FITZROY FAYETTEVILLE, LLC., 172): Submitted by
HARRISON FRENCH ARCHITECTS for properties located NE OF
GREGG AVE. & VAN ASCHE DR. The properties are zoned P-1,
INSTITUTIONAL and contain approximately 20.71 acres. The request is
to rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6809 to City Council with a recommendation for approval.
RECOMMENDED MOTION:
"I move to forward RZN 19-6809 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located east of Gregg Avenue, and north of Van Asche Drive. The
property zoned P-1, Institutional zoning district and is currently undeveloped. The east and north
boundaries of the site are bounded by Scull Creek and Mud Creek. These riparian corridors are
owned by the City of Fayetteville and are developed with the Scull Creek/Razorback Greenway
paved trail. The Razorback Greenway is comprised of 36 miles primarily of off-road shared use
trail connecting from south Fayetteville to Bella Vista. The subject property is almost entirely
covered with the Scull Creek 100-year floodplain. City Engineering Department issued a grading
permit in 2007 and the site was raised out of the floodplain. Additionally, FEMA issued letter of
map revision for this parcel in 2008, stating "The Minimum NFIP criteria for removal of the
subject area based on fill have been met for this request and the community in which the
property is located has certified that the area and any subsequent structure(s) built on the filled
area are reasonable safe from flooding.". The property is within 1,000 feet of the boundary
between the City of Fayetteville and the City of Johnson. Surrounding land use and zoning is
provided on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Scull Creek Trail/Razorback Greenway C-1, Neighborhood Commercial
South Undeveloped/Single family residential C-1, Neighborhood Commercial/RSF-4
Residential Single-Family Four Units Per Acre
East Scull Creek Trail/Razorback Greenway C-1, Neighborhood Commercial
West Concrete Plant/Undeveloped R-A, Residential Agricultural/City of Johnson
Request: The request is to rezone the property, from P-1, Institutional, to UT, Urban
Thoroughfare, to allow for future urban development on the site.
Public Comment: Staff has received public comment regarding this request, which is attached in
the staff report.
INFRASTRUCTURE:
Streets: The subject area has frontage to West Van Asche Drive and North Gregg
Avenue.West Van Asche Drive is an improved principal arterial with asphalt
paving, curb and gutter, and sidewalk along the subject area's frontage. North
Gregg Avenue is an improved minor arterial with asphalt paving, curb and gutter,
and sidewalk along the subject area's frontage.
Water: Public water is available to these parcels. An existing 12-inch watermain is
present along North Gregg Avenue and an existing 8-inch watermain is present
within the subject area that can serve these parcels.
Sewer: Sanitary sewer is not available to these parcels. City of Fayetteville property
adjoins both parcels to the east where sanitary sewer is available, approximately
150 feet from the subject area. It would be feasible to get easements to extend
sanitary sewer from the City of Fayetteville property to serve the subject area.
Drainage: Any additional improvements or requirements for drainage would be determined
at time of development. The majority of these parcels lie within the FEMA
designated 100-yr floodplain. No protected streams are present on this parcel,
but just east thereof. No portion of this parcel lies within the HHOD.
Fire: The site will be protected by Station 4, located at 3385 Plainview. The property is
located approximately 1.4 miles from the fire station with an anticipated drive
time of approximately 4 minutes using existing streets. The anticipated response
time would be approximately 6.2 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.
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 property within the proposed rezone as Urban Center Area. These areas contain the most
intense and dense development patterns within the City, as well as the tallest and greatest
variety of buildings. They accommodate rowhouses, apartments, local and regional retail,
including largescale stores, hotels, clean tech industry and entertainment uses. These areas are
typified by their location adjacent to major thoroughfares with high visibility, usually automobile-
dependent customers and large areas dedicated to parking. Although Urban Center Areas
recognize the conventional big-box and strip retail centers developed along major arterials, it is
expected that vacant properties will be developed into traditional mixed-use centers, allowing
people to live, work and shop in the same areas. Additionally, infill of existing development
G:\ETC\Development Services Review\2019\Development Services\19-6809 RZN NE of Gregg Ave.&Van Asche Dr.(Fitzroy
Fayetteville)172\03 Planning Commission\09-23-2019\Comments and Redlines
centers should be strongly encouraged, since there is greater return for properties already
served by public infrastructure.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The property is generally compatible with
the proposed zoning, having industrial uses to the west and undeveloped
commercial properties and City park land on the remaining sides. The area
is appropriate for commercial and dense residential development.
Land Use Plan Analysis: City Plan 2030 designates the subject properties
as an Urban Center Area. This designation supports a wide spectrum of
residential and commercial uses, encouraging mixed-use and traditional
neighborhood design for all housing types and an emphasis on large,
regional commercial developments. The proposed Urban Thoroughfare
zoning accommodates many of the guiding policies of the Urban Center
Area. Among these are the encouragement of intensive, and mixed uses
and the realization of Fayetteville's market potential. Additionally, the
geographic location of the subject properties and their proximity to many
of the City's transportation amenities can allow future development to align
with several other goals associated with an Urban Center Area, including,
but not limited to, shared parking, connectivity, promotion of alternative
modes of transportation, and the creation of a regional commercial center.
Urban Thoroughfare would allow numerous uses that are a compatible fit.
From single-family and multi-family dwellings to hotels, offices, and retail
of varying sizes, Urban Thoroughfare permits the necessary land uses that
can both fulfill compatibility with neighboring uses, and achieve the
principles of an Urban Center Area set forth in City Plan 2030.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant has requested the zoning change in order to make the
property more attractive for development. The P-1 zoning district does not
allow commercial or residential use, severely limiting opportunity for the
parcel.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has access to two improved, high capacity roadways. Uses
allowed under a P-1 zoning can generate large amounts of traffic; an urban
zoning is not likely to appreciably increase traffic danger or congestion, in
staff's opinion.
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.
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Fayetteville)172\03 Planning Commission\09-23-2019\Comments and Redlines
Finding: Rezoning the 20.71 acre property from P-1 to UT would not likely alter
future population density and should not undesirably affect load on public
services. The Police and Fire Departments have expressed no objections to
the proposal.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
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: Planning staff recommends forwarding RZN 19-6809 to City Council,
with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: September 23, 2019 O Tabled CiForwarded O Denied
Motion: Belden Motion forwarded to City Council
with a recommendation of
Second: Johnson approval.
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
Unified Development Code:
c §161.18 - District P1. Institutional
n §161.24 - District UT, Urban Thoroughfare
• Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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Fayetteville) 172\03 Planning Commission\09-23-2019\Comments and Redlines
161.32-District P-1, Institutional
• (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger
public institutions and church related organizations.
• (B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front ( 30
feet
. Front, if parking is allowed between the right- 50
of-way and the building feet
Side [ 20
feet
25
Side, when contiguous to a residential district feet
_ E
Rear 25
feet
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Fayetteville)172\03 Planning Commission\09-23-2019\Comments and Redlines
10
Rear, from center line of public alley feet
(F) Height Regulations. There shall be no maximum height limits in P-I Districts,provided,however,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 60% of the total area of
such lot.
(Code 1965,App.A.,Art. 5(XI); Ord. No. 2603, 2-19-80; Ord. No. 2621,4-1-80; Ord. No. 1747,6-29-70;
Code 1991, §160.042; Ord. No. 4100, §2(Ex.A), 6-16-98; Ord. No. 4178, 8-31-99;Ord. No. 5073, 11-06-07;
Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No.5800 , § 1(Exh.A), 10-6-15; Ord. No. 5945 , §§5,
7, 1-17-17; Ord. No.6015, §1(Exh.A), 11-21-17)
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.
l 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
13 Eating places
Unit Hotel, motel and amusement services
14
Unit
Shopping goods
16 PP 9
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Fayetteville)172\03 Planning Commission\09-23-2019\Comments and Redlines
Unit Transportation trades and services
17
Unit Gasoline service stations and drive-in/drive
18 through restaurants
Unit
19 Commercial recreation, small sites
Unit
24 Home occupations
Unit
25 Offices, studios, and related services
Unit
26 Multi-family dwellings
Unit
34 Liquor store
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
i_I Unit 20 Commercial recreation, large sites
Unit 21 1 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
) 6
G:\ETC\Development Services Review\2019\Development Services\19-6809 RZN NE of Gregg Ave.&Van Asche Dr. (Fitzroy
Fayetteville) 172\03 Planning Commission\09-23-2019\Comments and Redlines
Unit 33 Adult live entertainment club or bar
Unit 35 Outdoor music establishments
3 Unit 36 Wireless communication facilities
Unit 38 Mini-storage units
Unit 40 Sidewalk cafes
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(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.
A build-to zone that is
•
Front: located between 10 feet
• and a line 25 feet from the
front property line.
Side and rear: None
e-- _
Side or rear,when
contiguous to a single- 15 feet
family residential
district:
(F) Building Height Regulations.
E Building Height Maximum 5 stories/7 stories* iI
G.\ETC\Development Services Review\2019\Development Services\19-6809 RZN NE of Gregg Ave.&Van Asche Dr.(Fitzroy
Fayetteville)172\03 Planning Commission\09-23-2019\Comments and Redlines
*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 five (5)stories. 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 seven (7)
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 single family 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) Minimum buildable street frontage. 50%of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 5945 , §§5. 7, 8, 1-17-17; Ord. No. 6015 , §1(Exh.A). 11-21-17)
G:\ETC\Development Services Review\2019\Development Services\19-6809 RZN NE of Gregg Ave.&Van Asche Dr.(Fitzroy
Fayetteville) 172\03 Planning Commission\09-23-2019\Comments and Redlines
HFA
L`rcrrlrc'," Fttti�ftts `
s1c3tiingtt;1 Plans
To: City of Fayetteville—Planning Commission
From: Harrison French & Associates
Date:August 14, 2019
Subject: Rezone 20.71 acres from P1 to UT
Dear Planning Commission,
On behalf of the Owner,Steele Crossing Investment Ill LLC, Harrison French&Associates,acting as the applicant,is
hereby requesting a Rezone for parcels 756-15773-010&765-15773-015.We request to rezone these combined
20.71 acres from the existing P1- Institutional to UT—Urban Thoroughfare.
The subject property is located at the northeast corner of N Gregg Ave&W Van Asche Dr.and is bordered by C-1
(Neighborhood Commercial), R-A(Residential Agricultural), R-O(Residential Office),and the City of Johnson. The
subject property is part of the CMN Business Park and has remained undeveloped for several years.
We feel rezoning of the property from P-1 to UT is compatible with the surrounding areas as the proximity of this
site to Fayetteville's "Uptown"district is less than 1 mile.This area is designated as"Urban Center Area" on the
City's 2030 Future Land Use Map and the UT zoning falls right in-line with that use. Additionally, Razorback
Greenway Trail borders this site along the Eastern boundary,and we feel this will be a tremendous asset to the
future development of this site. If the rezone is approved, the client will be looking to develop this property into a
project that will deliver on the city's 2030 Future Land Use Plan.
Please don't hesitate to contact me should you have any questions or concerns.
Respectfully Submitted,
14(.W/
Kelsey K; her
Client Lead/Civil Designer
(479)273-7780x255
Kelsey.krehe@hfa-ae.corn
Harrison French &Associates,LTD www.hfa-ae.com
1705 S.Walton Blvd,Suite 3, Bentonville,Arkansas 72712 p 479.273.7780 Page 1 of 1
September 10, 2019
Jordan and Bethany Rosenbaum
356 W Wren Circle
Fayetteville,AR 72704
To the Fayetteville Planning Division:
This letter is in response to the rezone request by Steele Crossing Investment III LLC for the
property located at the Northeast corner of N Gregg Ave and W Van Asche Dr. (parcel #765-
15773-015). We also spoke on the phone with Fayetteville Planner Abdul Ghous on September
10, 2019.
We recommend the rezone from P-I (Institutional) to UT Urban Thoroughfare as it is
consistent with the Future Land Plan for Fayetteville and also seems appropriate for the
growth and development of the area. While no plans have been presented yet, we believe the
permissible use under the Urban Thoroughfare is appropriate for that area that has been vacant
for some time. Given the mixed-use development of the UT zone, we would like to see a
combination of residential and commercial opportunities that will favor the Razorback
Greenway and proximity to restaurants, theater, and shopping. It is a prime location in
Fayetteville. If variances are requested for any reason, we ask the Planning Commission to
consider alternatives in negotiating the expansion of green space,landscaping, or additional
street lights that will enhance the function and appearance along North Gregg Ave and the
newly expanded Van Asche Dr.
However, our main concern is the flooding issue. As property owners of a residential home
south of the proposed rezone (and a backyard that buttresses the southern portion of Steele
Crossing Investment holdings), we can speak first-hand that while the 2008 FEMA map does
not show this area in the floodzone, the area does indeed flood. The existing homes on Wren
Circle just south of the proposed rezone experience frequent flood damage to yards, driveways,
and garages to the point we are now facing significant home foundation issues. All of these
issues have stemmed from natural topography,Van Asche Dr road expansion, and the
Razorback Greenway.We are aware the applicant submitted documentation of flood mitigation
that has since removed the property from the FEMA flood Zone AE but the reality is, these
parcels still flood. Without sufficient water drainage in the residential area, we ask the
Planning Commission and City Staff to seriously consider the practical applications of a large
scale development to the surrounding residential area.
Thank you for your time, consideration, and service to making Fayetteville the best area to live.
Jordan and Bethany Rosenbaum
Enclosed: FEMA maps
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mcEMcCLELLAND PO. Box 1229
CONSUL T/NG Fayetteville,Arkansas 72702-1229
/ ENGINEERS, INC. 479 443-2377
DESIGNED TO SERVE I FAX 479-443-9241
Date: May 19, 2008
Federal Emergency Management Agency
ATTN: LOMA Manager
FEMA LOMA Depot
3601 Eisenhower Avenue, Suite 130
Alexandria, VA 22304-6439
CASE NO: 08-06-1837C
COMMUNITY: CITY OF FAYETTEVILLE,WASHINGTON COUNTY,ARKANSAS
COMMUNITY NO: 050216
RE: SECOND SUBMITTAL CLOMR-F
CMN BUSINESS PARK II, PHASE III, LOT 20
Enclosed are the following additional requested data:
1) Property Information Form
2) Elevation Form—data taken to tenths place
3) Copy of original FEMA response letter
Please review and let me know if you have any questions/concerns, or need any
additional information.
Sincerely,
irdi
Michael G. Morga
Project Manager
McClelland Consulting Engineers
1810 North College Avenue
Fayetteville,Arkansas 72703
Phone (479)443-2377
Fax(479)443-9241
Cell(479)422-7687
mmorgan@mcclelland-engrs.com
www. McClelland-engrs.com
enc.
NNS 2<cl
Federal Emergency Management Agency
.ek9i, \ '` J4` Washington, D.C. 20472
""'SND SES'
May 06,2008 .-,U aEIVEl i-.7-v i 2 c_Qt)6
Mr. Michael G. Morgan IN REPLY REFER TO:
McClelland Consulting Engineers, Inc. CASE NO:08-06-1837C
P.O. Box 1229 COMMUNITY: CITY OF FAYETTEVILLE,WASHINGTON
Fayetteville,AR 72702-1229 COUNTY,ARKANSAS
COMMUNITY NO: 050216
216-AD
RE:CMN BUSINESS PARK, PHASE III,LOT 20(JMN)
Dear Mr. Morgan:
This is in response to your request for a Conditional Letter of Map Revision based on Fill for the property
referenced above.
The Federal Emergency Management Agency(FEMA)uses detailed application/certification forms for
revision requests or amendments to the National Flood Insurance Program(NFIP)maps.The forms provide
step-by-step instructions for requestors to follow,and are comprehensive,ensuring that the requestors'
submissions are complete and more logically structured. Therefore,we can complete our review more
quickly and at lower cost to the NFIP. While completing the forms may seem burdensome,the advantages
to requestors outweigh any inconvenience.
The following forms or supporting data, which were omitted from your previous submittal,must be
provided:
- Please ensure all elevations on the Elevation Form are taken out to the tenths place. (i.e. 123.4)
- Please submit a completed Property Information Form(copy enclosed).
Please note that if all of the required items are not submitted within 90 days of the date of this letter,any
subsequent request will be treated as an original submittal and will be subject to all submittal procedures.
When you write to us concerning your request, please include the case number referenced above in your
letter. All required items and questions concerning your request are to be directed to LOMA Manager,
FEMA LOMA Depot,3601 Eisenhower Avenue, Suite 130,Alexandria, VA 22304-6439.
If you have any questions concerning FEMA policy,or the NFIP in general, please contact the FEMA Map
Assistance Center toll free at(877)336-2627(877-FEMA MAP)or by letter addressed to the Federal
Emergency Management Agency,3601 Eisenhower Avenue,Suite 600,Alexandria,VA 22304-6439.
Sincerely,
Zt/ " 4' /_ ,,,? ii____
William R. Blanton Jr.,CFM,Chief
Engineering Management Branch
Mitigation Directorate
FEDERAL EMERGENCY MANAGEMENT AGENCY D.M.B. NO. 3067-0147
ELEVATION FORM Expires September 30, 2005
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 1 hour per response. The burden estimate includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form. You are not required
to respond to this collection of information unless a valid OMB control number appears in the upper right corner of this form. Send comments regarding
the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Federal Emergency
Management Agency, 500 C Street, SW, Washington DC 20472, Paperwork Reduction Project (3067-0147). Submission of the form is required to
obtain or retain benefits under the National Flood Insurance Program. Please do not send your completed survey to the above address.
This form must be completed for requests and must be completed and signed by a registered professional engineer or licensed land surveyor. A FEMA
National Flood Insurance Program (NFIP) Elevation Certificate may be submitted in addition to this form for single structure requests.
For requests to remove a structure on natural grade OR on engineered fill from the Special Flood Hazard Area (SFHA), submit the lowest adjacent
grade (the lowest ground touching the structure), including an attached deck or garage. For requests to remove an entire parcel of land from the SFHA,
provide the lowest lot elevation; or, if the request involves an area described by metes and bounds, provide the lowest elevation within the metes and
bounds description.
1. NFIP Community Number: 05143CO082D Property Name or Address: Lot 20 of the CMN Business Park Phase III
2. Are the elevations listed below based on ❑ existing or ® proposed conditions? (Check one)
3. What is the elevation datum? NGVD 29 If any of the elevations listed below were computed using a datum different than the datum used for the
effective Flood Insurance Rate Map (FIRM) (e.g., NGVD 29 or NAVD 88), what was the conversion factor?
Local Elevation +/- ft. = FIRM Datum
4. For the existing or proposed structures listed below, what are the types of construction? (check all that apply)
❑ crawl space ® slab on grade ❑ basement/enclosure ❑ other (explain)
5. Has FEMA identified this area as subject to land subsidence or uplift? (see instructions) ❑ Yes ® No
If yes, what is the date of the current releveling? / (month/year)
Lowest
Lot Number
Block
Number
Lowest Lot
Elevation
Adjacent
Grade To
Base Flood
For FEMA Use Only
y
Structure
Elevation
20
N/A
1181.0
N/A
1184.0
This certification is to be signed and sealed by a licensed land surveyor, registered professional engineer, or architect authorized by law to certify
elevation information. All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false
statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001.
Certifier's Name: LAZARO G. PAYA
License No.: 1380 AR
Expiration Date: 06-31-2008
Company Name- AYA LAND SYIVEYING
Telephone No.: 479-696-9138
Fax No.: 866-263-7006
Signature: Date: 05-19-08
Seal (optional)
FEMA Form 81-87A, SEP 02 Elevation Form MT -1 Form 2 Page 1 of 2
FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 3067-0147
PROPERTY INFORMATION FORM Expires September 30, 2005
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 1.63 hours per response. The burden estimate includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form. You are not required
to respond to this collection of information unless a valid OMB control number appears in the upper right comer of this form. Send comments regarding
the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Federal Emergency
Management Agency, 500 C Street, SW, Washington DC 20472, Paperwork Reduction Project (3067-0147). Submission of the form is required to obtain
or retain benefits under the National Flood Insurance Program. Please do not send your completed survey to the above address.
This form may be completed by the property owner, property owner's agent, licensed land surveyor, or registered professional engineer to support a
request for a Letter of Map Amendment (LOMA), Conditional Letter of Map Amendment (CLOMA), Letter of Map Revision Based on Fill (LOMR-F), or
Conditional Letter of Map Revision Based on Fill (CLOMR-F) for existing or proposed, single or multiple lots/structures. Please check the item below
that describes your request:
❑ LOMA
A letter from FEMA stating that an existing structure or parcel of land that has not been elevated by fill
natural rade would not be inundated by the base flood.
❑ CLOMA
A letter from FEMA stating that a proposed structure that is not to be elevated by fill (natural grade)
would not be inundated by the base flood if built as proposed.
❑ LOMR-F
A letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill
would not be inundated by the base flood.
®A
letter from FEMA stating that a parcel of land or proposed structure that will be elevated by fill
CLOMR-F
would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is
built as proposed.
Fill is defined as material from any source placed to raise the ground to or above the Base Flood Elevation (BFE). The common construction practice of
removing unsuitable existing material (topsoil) and backfilling with select structural material is not considered the placement of fill if the practice does not
alter the existing (natural grade) elevation, which is at or above the BFE. Fill that is placed before the date of the first National Flood Insurance
Program (NFIP) map showing the area in a Special Flood Hazard Area (SFHA) is considered natural grade.
Has fill been placed on your property? ® Yes ❑ No If yes, when was fill placed? 02/2008
month/year
Will fill be placed on your property? ❑ Yes ❑ No If yes, when will fill be placed? /
month/year
1. Street Address of the Property (if request is for multiple structures, please attach additional sheet):
Lot 20 of the CMN Business Park II Phase III
2. Legal description of Property (Lot, Block, Subdivision) (if a street address cannot be provided):
See Attached
3. Are you requesting that the SFHA designation be removed from (check one):
❑ the entire legally recorded property?
® a portion of land within the bounds of the property (a certified metes and bounds description and map of the area to be removed,
certified by a licensed land surveyor or registered professional engineer, are required)?
❑ structures on the property? What are the dates of construction?
4. Is this request for a (check one):
❑ single structure
® single lot
❑ multiple structures (How many structures are involved in your request? List the number: )
❑ multiple lots (How many lots are involved in your request? List the number: )
FEMA Form 81-87, SEP 02 Property Information Form MT -1 Form 1 Page 1 of 2
In addition to this form (MT -1 Form 1), ALL requests must include the following:
• Copy of the Plat Map for the property (with recordation data and stamp of the Recorder's Office)
OR
• Copy of the property Deed (with recordation data and stamp of the Recorder's Office), accompanied by a tax assessor's map or other certified
map showing the surveyed location of the property relative to local streets and watercourses
• Copy of the effective FIRM panel and/or Flood Boundary and Floodway Map (FBFM) (if applicable) on which the property location has been
accurately plotted (property inadvertently located in the NFIP regulatory floodway will require Section B of MT -1 Form 3)
• Form 2 — Elevation Form. If an Elevation Certificate has already been completed for this property, it may be submitted in addition to Form 2.
Please include a map scale and North arrow on all maps submitted.
For LOMR-Fs and CLOMR-Fs, the following must be submitted in addition to the items listed above:
• Form 3 — Community Acknowledgment Form
Processing Fee (see instructions for appropriate mailing address; or, visit http://www.fema.gov/fhm/frm_fees.shtm for the most current fee schedule)
Revised fee schedules are published periodically, but no more than once annually, as noted in the Federal Register. Please note: single/multiple
lot(s)/structure(s) LOMAs are fee exempt. The current review and processing fees are listed below:
Check the fee that applies to your request:
❑ $325 (single lot/structure LOMR-F following a CLOMR-F)
❑ $425 (single IoUstructure LOMR-F)
® $500 (single lot/structure CLOMA or CLOMR-F)
❑ $700 (multiple lot/structure LOMR-F following a CLOMR-F, or multiple lot/structure CLOMA)
❑ $800 (multiple lot/structure LOMR-F or CLOMR-F)
Please submit the Payment Information Form for remittance of applicable fees. Please make your check or money order payable to: National Flood
Insurance Program.
All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishable by
fine or imprisonment under Title 18 of the United States Code, Section 1001.
Applicant's Name: Michael G. Morgan
Please Print or Type
Mailing Address: 1810 North College Avenue
Fayetteville, AR 72702
E -Mail Address: MMorgan@McClelland-engrs.com
(optional)
April 28, 2008
Date
Company: McClelland Consulting Engineers, Inc.
Daytime Telephone No.: (479) 443-2377
Fax No.: (4797
Signature of pplica t (required)
If you have any questions concerning FEMA policy, or the NFIP in general, please contact the FEMA Map Assistance Center toll free at 1 -877 -FEMA
MAP (1-877-336-2627), or visit the Flood Hazard Mapping website at http://www.fema.gov/fhm/.
FEMA Form 81-87, SEP 02 Property Information Form MT -1 Form 1 Page 2 of 2
Page 1 of 3
Date: November 04, 2008
Case No.: 08-06-2480A
LOMB -F
Federal Emergency Management Agency
°*� 4 Washington, D.C. 20472
'1N t)0,,
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT REMOVAL
COMMUNITY AND MAP PANEL INFORMATION
LEGAL PROPERTY DESCRIPTION
CITY OF FAYETTEVILLE,
A portion of Lot 20, CMN Business Park 11, Phase III, as shown on the
WASHINGTON COUNTY,
Plat recorded as File No. 2007-00040606, in the Office of the Circuit
ARKANSAS
Clerk, Washington County, Arkansas
COMMUNITY
The portion of property is more particularly described by the following
metes and bounds:
COMMUNITY NO.: 050216
NUMBER:05143CO21OF
AFFECTED
MAP PANEL
DATE: 5/16/2008
FLOODING SOURCE: SCULL CREEK
APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 36.118, -94.162
SOURCE OF LAT & LONG: PRECISION MAPPING STREETS 7.0 DATUM: NAD 83
DETERMINATION
OUTCOME
1% ANNUAL
LOWEST
LOWEST
WHAT IS
CHANCE
ADJACENT
LOT
LOT
BLOCK/
SUBDIVISION
STREET
REMOVED FROM
FLOOD
FLOOD
GRADE
ELEVATION
SECTION
THE SFHA
ZONE
ELEVATION
ELEVATION
(NAVD 88)
NAVD 88)
(NAVD 88
20
CMN Business
—
Portion of
X
1183.5 to
—
1184.0 to
Park II, Phase
Property
(shaded)
1187.0 feet
1195.0 feet
III
(Northern)
Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1 -percent chance of being
equaled or exceeded in any given year (base flood).
ADDITIONAL CONSIDERATIONS Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.
LEGAL PROPERTY DESCRIPTION PORTIONS REMAIN IN THE SFHA
DETERMINATION TABLE (CONTINUED)
FILL RECOMMENDATION
This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based
on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we
have determined that the described portion(s) of the property(ies) is/are not located in the SFHA, an area inundated by the flood having a
1 -percent chance of being equaled or exceeded in any given year (base flood). This document revises the effective NFIP map to remove the
subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not
apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk
Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this
determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627
(877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA
22304-6439.
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
Page 2 of 3
Date: November 04, 2008
Tse No.: 08-06-2480A
LOMB -F
�Af R,�,.,,j,
Federal Emergency Management Agency
Washington, D.C. 20472
vo SIC"
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS
LEGAL PROPERTY DESCRIPTION (CONTINUED)
Southern Area:
BEGINNING at the southwest corner of Lot 20; thence N01 33'44"E, 25.51 feet; thence 47.72 feet along a curve
to the right having a radius of 30.00 feet, a central angle of 91'08'34", and a chord bearing N47'08'01 "E, 42.85
feet; thence 360.83 feet along a curve to the left having a radius of 455.00 feet, a central angle of 45026'14", and
a chord bearing N69°59'11 "E, 351.45 feet; thence N47°16'04"E, 118.91 feet; thence 44.84 feet along a curve to
the right having a radius of 345.00 feet, a central angle of 07°26'58", and a chord bearing N50°59'27"E, 44.81
feet; thence S26°54'58"E, 25.29 feet; thence S86027'58"E, 17.73 feet; thence S13053'39"E, 102.12 feet;
thence S05°16'57"E, 123.58 feet; thence S1 7040'39"W, 15.99 feet; thence 8.82 feet along a curve to the right
having a radius of 11.00 feet, a central angle of 4556'35", and a chord bearing S48026'33"W, 8.59 feet; thence
N87019'39"W, 313.44 feet; thence S1 8035'57"W, 45.43 feet; thence N86°54'28"W, 210.97 feet to the POINT
OF BEGINNING
Northern Area:
COMMENCING at the southwest comer of Lot 20; thence N01 033'44"E, 195.56 feet to the POINT OF
BEGINNING; thence N01°33'44"E, 635.30 feet; thence S88'24'21"E, 452.98 feet; thence S06*22'45"W, 67.58
feet; thence S02022'21 "E, 290.56 feet; thence S21°39'52"W, 19.82 feet; thence S26002'57"E, 32.89 feet;
hence 135.97 feet along a curve to the left having a radius of 455.00 feet, a central angle of 17°07'19", and a
chord bearing S55°49'44"W, 135.47 feet; thence S47°16'04"W, 118.91 feet; thence 277.31 feet along a curve
to the right having a radius of 345.00 feet, a central angle of 46°03'14", and a chord bearing S70017'41 "W,
269.90 feet; thence 46.20 feet along a curve to the right having a radius of 30.00 feet, a central angle of
88°14'26", and a chord bearing N42°33'29"W, 41.77 feet to the POINT OF BEGINNING
DETERMINATION TABLE CONTINUED
OUTCOME
1%ANNUAL
LOWEST
LOWEST
WHAT IS
CHANCE
ADJACENT
LOT
LOT
BLOCK/
SUBDIVISION
STREET
REMOVED FROM
FLOOD
FLOOD
GRADE
ELEVATION
SECTION
THE SFHA
ZONE
ELEVATION
ELEVATION
(NAVD 88)
(NAVD 88)
(NAVD 88
20
--
CMN Business
-
Portion of
X
1186.7 to
-
1188.0 to
Park II, Phase
Property
(unshaded)
1188.0 feet
1195.0 feet
III
I(Southern)
This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877 -FEMA MAP) or by fetter addressed to the Federal Emergency Management
Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6439.
7I/12�. /J/�
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
Page 3 of 3 I I Date: November 04, 2008 lCase No.: 08-06-2480A I LOMR-F
Federal Emergency Management Agency
Washington, D.C. 20472
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
FILL RECOMMENDATION (This Additional Consideration applies to the preceding 2 Properties.)
The minimum NFIP criteria for removal of the subject area based on fill have been met for this request and the
community in which the property is located has certified that the area and any subsequent structure(s) built on the
filled area are reasonably safe from flooding. FEMA's Technical Bulletin 10-01 provides guidance for the
construction of buildings on land elevated above the base flood elevation through the placement of fill. A copy of
Technical Bulletin 10-01 can be obtained by calling the FEMA Map Assistance Center toll free at (877) 336-2627
(877 -FEMA MAP) or from our web site at http://www.fema.gov/mitttbl001.pdf. Although the minimum NFIP
standards no longer apply to this area, some communities may have floodplain management regulations that are
more restrictive and may continue to enforce some or all of their requirements in areas outside the Special Flood
Hazard Area.
PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the
preceding 2 Properties.)
Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special
Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains
subject to Federal, State/Commonwealth, and local regulations for floodplain management.
This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6439.
lr/"/C ' rice., - /�-
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
w
Federal Emergency Management Agency
Washington, D.C. 20472
�9ND 5tiL
THE HONORABLE DAN COODY
MAYOR, CITY OF FAYETTEVILLE
113 WEST MOUNTAIN STREET
FAYETTEVILLE, AR 72701
DEAR MR. COODY
December 16, 2008
CASE NO.: 08-06-1837A
COMMUNITY: CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS
COMMUNITY NO.: 050216
This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine
if the property described in the enclosed document is located within an identified Special Flood
Hazard Area, the area that would be inundated by the flood having a l -percent chance of being equaled
or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP)
map. Using the information submitted and the effective NFIP map, our determination is shown on the
attached Letter of Map Revision based on Fill (LOMR-F) Determination Document. This
determination document provides additional information regarding the effective NFIP map, the legal
description of the property and our determination.
Additional documents are enclosed which provide information regarding the subject property and
LOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed.
Other attachments specific to this request may be included as referenced in the
Determination/Comment document. If you have any questions about this letter or any of the
enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877 -FEMA
MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower
Avenue, Suite 130, Alexandria, VA 22304-6439.
Sincerely,
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
LIST OF ENCLOSURES:
LOMR-F DETERMINATION DOCUMENT (REMOVAL)
cc: State/Commonwealth NFIP Coordinator
Community Map Repository
Region
Mr. Michael G. Morgan
l
Page 1 of''3,
Date: December 16, 2008
Tse No.: 08-06-1837A
LOMR-F
Federal Emergency Management Agency
Washington, D.C. 20472
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT REMOVAL
COMMUNITY AND MAP PANEL INFORMATION
LEGAL PROPERTY DESCRIPTION
CITY OF FAYETTEVILLE,
A portion of Lot 20, CMN Business Park II, Phase III, as shown on the
WASHINGTON COUNTY,
Plat recorded as File No. 2007-00040606, in the Office of the Circuit
ARKANSAS
Clerk, Washington County, Arkansas
COMMUNITY
The portion of property is more particularly described by the following
metes and bounds:
COMMUNITY NO.: 050216
NUMBER: 05143CO21OF
AFFECTED
MAP PANEL
—
DATE: 5/16/2008
FLOODING SOURCE: MUD CREEK; SCULL CREEK
APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 36.121, -94.162
SOURCE OF LAT 8 LONG: PRECISION MAPPING STREETS 7.0 DATUM: NAD 83
DETERMINATION
OUTCOME
1% ANNUAL
LOWEST
LOWEST
WHAT IS
CHANCE
ADJACENT
LOT
LOT
BLOCK!
SUBDIVISION
STREET
REMOVED FROM
FLOOD
FLOOD
GRADE
ELEVATION
SECTION
THE SFHA
ZONE
ELEVATION
ELEVATION
(NAVD 88)
NAVD 88)
(NAVD, 88
J
—
CMN Business
--
Portion of
X
1183.5 feet
--
1183.5 feet
Park II, Phase
III
Property
(shaded)
Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1 -percent chance of being
equaled or exceeded in any given year (base flood).
ADDITIONAL CONSIDERATIONS Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.
LEGAL PROPERTY DESCRIPTION
PORTIONS REMAIN IN THE FLOODWAY
FILL RECOMMENDATION
This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision based
on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we
have determined that the described portion(s) of the property(ies) is/are not located in the SFHA, an area inundated by the flood having a
1 -percent chance of being equaled or exceeded in any given year (base flood). This document revises the effective NFIP map to remove the
subject property from the SFHA located on the effective NFIP map: therefore, the Federal mandatory flood insurance requirement does not
apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk
Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed.
This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this
determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627
(877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA
22304-6439.
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
Page 2 of 3 I (Date: December 16, 2008 (Case No.: 08-06-1837A I LOMR-F
Federal Emergency Management Agency
Washington, D.C. 20472
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS
LEGAL PROPERTY DESCRIPTION (CONTINUED)
COMMENCING at the southwest parcel corner; thence N01 °33'44"E, 830.86 feet to the POINT OF BEGINNING;
thence N01 °33'44"E, 6.69 feet; thence NO3°29'02"E, 193.99 feet; thence N01'22'1 7"E, 306.46 feet; thence
NO3°16'50"E, 117.28 feet; thence NO2°24'45"E, 275.23 feet; thence N16°32'02"E, 222.69 feet; thence
S64°17'03"E, 39.01 feet; thence S49°55'03"E, 172.98 feet; thence S21°14'50"E, 127.41 feet; thence
S38°16'1 FE, 40.25 feet; thence S49°09'06"E, 55.42 feet; thence S62°53'42"E, 55.28 feet; thence
S66°4616"E, 69.30 feet; thence S02°00'29"W, 285.78 feet; thence S03'1 5'09"W, 168.37 feet; thence
S02°07'03"W, 163.97 feet; thence S06°03'30"W, 140.76 feet; thence N88'24'21 W, 452.98 feet to the POINT
OF BEGINNING
PORTIONS OF THE PROPERTY REMAIN IN THE FLOODWAY (This Additional Consideration applies to
the preceding 1 Property.)
A portion of this property is located within the Special Flood Hazard Area and the National Flood Insurance
Program (NFIP) regulatory floodway for the flooding source indicated on the Determination/Comment Document
while the subject of this determination is not. The NFIP regulatory floodway is the area that must remain
unobstructed in order to prevent unacceptable increases in base flood elevations. Therefore, no construction
may take place in an NFIP regulatory floodway that may cause an increase in the base flood elevation, and any
iture construction or substantial improvement on the property remains subject to Federal, State/Commonwealth,
and local regulations for floodplain management. The NFIP regulatory floodway is provided to the community as
a tool to regulate floodplain development. Modifications to the NFIP regulatory floodway must be accepted by
both the Federal Emergency Management Agency (FEMA) and the community involved. Appropriate community
actions are defined in Paragraph 60.3(d) of the NFIP regulations. Any proposed revision to the NFIP regulatory
floodway must be submitted to FEMA by community officials. The community should contact either the Regional
Director (for those communities in Regions I-IV, and VI -X), or the Regional Engineer (for those communities in
Region V) for guidance on the data which must be submitted for a revision to the NFIP regulatory floodway.
Contact information for each regional office can be obtained by calling the FEMA Map Assistance Center toll free
at (877) 336-2627 (877 -FEMA MAP) or from our web site at http://www.fema.gov/about/regoff.htm.
This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
AA Map Assistance Center toll free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management
urgency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6439.
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
Page 3 of 3 I (Date: December 16, 2008 (Case No.: 08-06-1837A ( LOMR-F
Federal Emergency Management Agency
Washington, D.C. 20472
LETTER OF MAP REVISION BASED ON FILL
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
FILL RECOMMENDATION (This Additional Consideration applies to the preceding 1 Property.)
The minimum NFIP criteria for removal of the subject area based on fill have been met for this request and the
community in which the property is located has certified that the area and any subsequent structure(s) built on the
filled area are reasonably safe from flooding. FEMA's Technical Bulletin 10-01 provides guidance for the
construction of buildings on land elevated above the base flood elevation through the placement of fill. A copy of
Technical Bulletin 10-01 can be obtained by calling the FEMA Map Assistance Center toll free at (877) 336-2627
(877 -FEMA MAP) or from our web site at http://www.fema.gov/mit/tb1001.pdf. Although the minimum NFIP
standards no longer apply to this area, some communities may have floodplain management regulations that are
more restrictive and may continue to enforce some or all of their requirements in areas outside the Special Flood
Hazard Area.
",is attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the
AA Map Assistance Center toll free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management
Ngency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6ry4399.
William R. Blanton Jr.. CFM, Chief
Engineering Management Branch
Mitigation Directorate
RECEIVED
NOV 19 2D19
ZIT:Y DF FA! t
CI')'Y CEcRKb vr'Ff1
NORTHWEST ARKANSAS
vemocrat"90azette
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6251
Was inserted in the Regular Edition on:
November 14, 2019
Publication Charges: 66.30
&tw5h,�<)
Cathy Sta g
Lu
Subscribed and sworn to before me
This I5day of AIW , 2019.
&tt,
Notary Public
My Commission xpires: Z�I2e-Zq
CATHY WILES
Arkansas - Benton Countyr
Notary Public - Comm# 12397118 bi
My Commission Expires Feb 20, 2024,
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6251
File Number: 2019-0638
RZN 19-6809 (NE OF GREGG AVE. & VAN
ASCHE DR./FITZROY FAYETTEVILLE,
LLC):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6809 FOR
APPROXIMATELY 20.71 ACRES LOCATED
NORTHEAST OF GREGG AVENUE AND
VAN ASCHE DRIVE FROM P-1,
INSTITUTIONAL TO UT, URBAN
THOROUGHFARE
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
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 P-1, Institutional 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 11/5/2019
Approved:
Lioneld Jordan, Mayor
Lisa Branson, Deputy City Clerk
75149009 Nov. 14, 2019
