HomeMy WebLinkAboutOrdinance 4237 FILED FOR RECORD
00 APR 5 A"1 11 36
WASHINGTON CO AR
K . HARNESS
ORDINANCE NO. 42 ,17
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZOO-10 FOR A PARCEL
CONTAINING APPROXIMATELY 0.72 ACRES LOCATED AT
2650 OLD FARMINGTON ROAD AS REQUESTED BY M.B.
STILES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From A- 1 , Agricultural to C-2, Thoroughfare Commercial, as described in Exhibit
"A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this 2151 day of March , 2000.
APPROVED:
�
By %/ �j✓!
Ked Hanna, Mayor
ATTEST:
By
H ather Woodruff, City Clerk
2000026115
• � • � ord . 4237
EXHIBIT A
EXHIBIT "A"
Legal Description for RZ00-10 Ex
o
Part of the Southwest Quarter (S W'/,) of the Southeast Quarter (SE'/,) of Section 18
a�
and part ofNorthwest Quarter (NW'/,) of the Northeast Quarter (NE'/,) of Section 19,
all being in Township 16 North, Range 30 West Washington County, Arkansas,
being more particularly described as follows:
Beginning at the Southeast comer of said SW'/,, of the SE'/, of Section 18; thence
North 242.55 feet, thence West 274.94 feet to the POINT OF BEGINNING: thence
North 87 degrees, I l minutes, 04 seconds West a distance of 87.00 feet, thence South
0 degrees, 05 minutes, 08 seconds East a distance of 319.00 feet, thence South 82
degrees, 34 minutes, 48 seconds West a distance of 103 .00 feet, thence North 02
degrees, 30 minutes, 38 seconds East a distance of 337.00 feet to the POINT OF
BEGINNING. Containing 31 , 168. 17 sqft or 0.72 acres more or less.
M
x
00
2000026116
I, Kathleen Homage, Clteult Cterk and Ex•mfide
Recorder for Washington County, Arkansas, do hereby
certify that this instrument was filed for record In my
office as Indicated hereon and the some is now duly
recorded with the ecknowlodgement and certificate
thereon In Record Book and Page as Indicated thereon,
IN WITNESS WHEREOF, I have hereunto set m
hand and affixed the seat of Bald Court on the date indr
cated hereon.
Kethhmn Harness
Circuit CIErk�and -oHido Recorde',rp�-//—fiy—� -- J
NAME OF FILE: �16TI/ 116 • 411Z
CROSS REFERENCE:
Date Contents of File Initials
3
D
FAYETTEVILLE
THE CITY OF FAYETTEVIUE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE A.
A-ra
TO: Fayetteville Planning Commission CoR
FROM: Dawn T. Warrick, Associate Planner
THRU: Tim Conklin, City Planner
DATE: February 28, 2000
RZ 00-10.00: Rezoning (Stiles, pp 519) was submitted by M.B. Stiles for property located at
2650 Old Farmington Road. The property is zoned A-1 , Agricultural and contains approximately
0.72 acres. The request is to rezone the property to C-2, Thoroughfare commercial.
RECOMMENDATION: Staff recommends approval of the requested rezoning based on
the findings included as part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: February 28. 2000
CITY COUNCIL ACTION - h Requudd' YES
Approved? } ` � O Denied ,
i L
.f-
Comments:
H.\USER.ACOMMOMDAWM\REPORMPC%2-28-00VU er.wpd
BACKGROUND:
The applicant is requesting that this property be rezoned to C-2, Thoroughfare Commercial in
order to develop a dinner theater in this location. The entire tract contains approximately 1 .98
acres, with the easternmost 1 .26 acres already zoned C-2.
Surrounding properties include motels, residences - single family and duplex, and a GTE transfer
station (south). Access to this property is available from Shiloh Drive (southbound outer road)
and also from Hwy 62 (e Street) by way of One Mile Road and Old Farmington Rd.
There is an historical house on the site which is proposed to be an office for the dinner theater. A
new structure would be erected to house the theater and parking would be provided. A large
scale development is required to be approved by the Planning Commission in order for this
project to be constructed.
SURROUNDING LAND USE AND ZONING
North: Motel, vacant (C-2)
South: Residential (R-O)
East: Motels (C-2)
West: Vacant, Single family homes (A- 1)
INFRASTRUCTURE:
Streets: The main access for this property is Old Farmington Road (on the south side).
One property separates this tract from Shiloh Drive, the outer road on the west
side of I-540. Shiloh in this location carries southbound traffic only.
Water: 8" line along Old Farmington Road.
Sewer: 8" line along Old Farmington Road.
LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning
this property to C-2, Thoroughfare Commercial is consistent with the land use plan and
compatible with surrounding land uses in the area.
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.
HAUSERACOMMO"AWMWFPORTAPC%2-28-Ofttiks.wpd
Finding: The proposed zoning to C-2, Thoroughfare Commercial, is consistent with
the City's adopted General Plan which designates this area as Regional
Commercial.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning would not create or appreciable increase traffic danger
and congestion. Any development proposal for this tract must be considered
with regard to access and the Planning Commission, at the time of Large
Scale Development review, may require on-site and off-site improvements.
Shiloh Drive, the southbound outer road, is classified as a Collector on the'
Master Street Plan requiring a total of 70' of right of way.
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: The proposed zoning would not alter population density.
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
N:\USERACOMMOMDAWNIWFPORMPCV 28-00vtilet.wpd
§161.14 DISTRICT C-2 THOROUGH-FARE C. Bulk and Area Regulations. Setback
COMMERCIAL. lines shall meet the following minimum
re uirements:
A. Purpose. The Thoroughfare From Street ROW 50 ft.
Commercial District is designed especially to
encourage the functional grouping of these From Side Property Line None
commercial enterprises catering primarily to highway
travelers. From Side Property Line 15 ft.
When Contiguous to a
B. Uses. Residential District
1. Permitted Uses. From Back Property Line 20 ft
Unit 1 City-Wide Uses by Right D. Building Area. On any lot the area
" � occupied b all buildings shall not exceed 60% of the
Unrt4 Cnitinalandltecreattonal,Facilities P y g
total area of such lot.
Unit 12 Offices, Studios and Related Services
E. Height Regulations. In District C-2 any
Unit 13 Eating Places building which exceeds the height of 20 feet shall be
Unit 14 Hotel, Motel and Amusement set back from any boundary line of any residential
Facilities district a distance of one foot for each foot of height
in excess of 20 feet. No building shall exceed six
Unit 15 Neighborhood Shopping Goods stories or 75 feet in height.
Unit 16 Shopping Goods (Code 1991 , §160.036; Code 1965, App. A, Art.
5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11-1-
Unit 17 Trades and Services 71 ; Ord. No. 2351 , 6-2-177; Ord. No. 2603, 2-19-80;
Ord. No. 4034, §§3,4, 4-15-97)
Unit 18 Gasoline Service Stations and Drive-
In Restaurants
Unit 19 Conunereial Recreation
Unit 20 Commercial Recreation, Large Sites
Unit 24 Outdoor Advertising
Unit 33 Adult Live Entertainment Club or Bar
2. Uses Permissible on Appeal to
the Plannine Commission,
Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 3 Public Protection and Utility
Facilities
Unit 21 Warehousing and Wholesale
Unit 28 Center for Collecting Recyclable
Materials
Unit 32 Sexually Oriented Business
H:\USERACOMMOMDAWNMEPORTAPC\2-28-00viiles.wpd
February 21 , 2000
2810 Old Farmington Rd
Fayetteville AR 72704
Planning Commission
City of Fayetteville
113 West Mountain
Fayetteville AR 72701
RE: RZ 00-10.00 Rezoning (Stiles,pp 519)
Dear Commission Members:
As resident owners of adjacent A-1 property, we are opposed to the rezoning of the
referenced property from A-1 Agriculture to C-2 Thoroughfare Commercial.
This property at 2650 Old Farmington Road has limited access. Northbound, eastbound and
westbound traffic have to go by the way of 6`^ Street to One Mile Road to Old Farmington
Road. Old Farmington Road is narrow and without curbs and gutters and hardly qualifies as
a thoroughfare. One Mile Road is even narrower, barely allowing two cars to meet and
pass. Southbound traffic can only reach Old Farmington Road by Shiloh Drive. Shiloh Drive
is one way between Wedington Drive and 6`" Street. This area is residential except for the
motels along Shiloh Drive and the trucking operation at 2950 Old Farmington Road that is
zoned A-1
In addition to traffic consideration, the range of uses and structures permitted under the
C-2 zoning classification is very general and allows for undesirable businesses for our rather
quiet neighborhood.
Attached is a copy of an article from last weeks Arkansas Democrat-Gazette that describes
a type of business we do not want in our neighborhood.
We hope you will do the right thing for our area and deny this rezoning.
Sincerely,
Richard B & Patricia H Culver
Cc Planning Dept
City Council
too
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,des by rxsAssaanreoreEs5 adopted the adult entertainment
ligh oth- STRATFORD, Wis. — The oper- ordinance in December, but grant
ost also ator of a tavern featuring nude ed exceptions for performing arts' '
arks to dancing says het found a loophole centers, civic centers and dinner
onsult- to keep his business open despite theaters.
-rvices a new ordinance setting limits on At first, Lemke said he would
or the adult entertainment challenge the ordinance in court
arivate "rm a dinner theater," Bob Then he decided on his latest ap.
Lemke said "I serve pizza." proach ti
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Little Time Saloon and then Teasers — the tavern owner said Monday.
ad was now has become Teasers Exotic So far, town Chairman Joseph
stimo- Dancer Dinner Theater. Kaiser said, there have been no
The . Cleveland . Town Board complaints.
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FAYETTEVILLE
THE CITY OF FAYETTEVH.LE, ARKANSAS
FRED B. HANNA, MAYOR
Economic Development Department
Alett S. Little, Director
February 22, 2000
TO WHOM IT MAY CONCERN:
4500 S. School Ave., Ste. A
Fayetteville, AR 72701
Telephone: 501-575-8301
Fax: 501-575-8304
The Economic Development Office of the City has been working with the Stiles/Langford group
on a dinner theater project to be located on Old Farmington Road. The business offers an
entertainment venue not currently available in Fayetteville as well as employment for persons in
the acting profession. It is the stated desire of the developers to work closely with the University
of Arkansas with a goal of creating an internship program for the students majoring in theater.
The project is
in the planning stages; however, it is my
opinion that the developers
are serious
about starting
this business and will make every effort to make it successful. Two
families are
relocating to the Fayetteville area from the Little Rock
area in order to initiate this
venture.
The developers have presented a preliminary business plan to the Economic Development Office
and have available a schedule of the plays which are to be produced for the first 12 - 18 months,
should the reader be interested. Contact may be made with the developers by calling
501.834.5717 and speaking with Mike Stiles. I would also be happy to answer questions and I
may be contacted at the numbers above.
Sincerely,
Alett Little
Economic Development Director
NOTE: Please include this letter with the packet of information which is presented to the
Planning Commission for their consideration of the rezoning request.
Date: 22 February 2000
To: Fayetteville Planning Commission
From: M. B. Stiles
Subject: Bill of Assurance concerning Request of Zoning Change at 2650 Old
Farmington Road, Fayetteville, Arkansas
It has been brought to our attention that claims are being made that we are asking for
a zoning change to start a "nude dancing girls club." This is not our intent. We do
want to consider starting a dinner theater that will offer a good meal and live plays to
the public. It will be marketed as family entertainment and seek out both civic and
church groups as customers. If we can make it work it will be a plus for the
community and add a sense of cultural enrichment. In response to any such claims
made, I would like to offer this:
BILL OF ASSURANCE
OUR PROPOSED USE OF THE PROPERTY AT 2650 OLD
FARMINGTON ROAD IS NOT FOR A "NUDE DANCING
GIRLS CLUB." NEITHER MY PARTNERS OR MYSELF
WILL BE ASSOCIATED WITH SUCH AN ENDEAVOR NOR
ALLOW SUCH A USE OF THE PROPERTY AS LONG AS WE
OWN OR HAVE ANY PERSONAL INVOLVEMENT WITH IT.
SO HELP ME LORD GOD ALMIGHTY
MICHAEL B. STILES
• .0 • •
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIE
IN REZONING PETITION RZ00-10 FOR A PARCEL
CONTAINING APPROXIMATELY 0.72 ACRES LOCATED
AT 2650 OLD FARMINGTON ROAD AS REQUESTED BY
M.B. STILES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is hereby
changed as follows:
From A-1, Agricultural to C-2 Thoroughfare Commercial as described in Exhibit
"A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this
ATTEST:
By
Heather Woodruff, City Clerk
day of , 2000.
APPROVED:
By.
Fred Hanna, Mayor
Legal Description
Part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of
Section 18 and part of the Northwest Quarter (NW 1/4) of the Northeast
Quarter (NE1/4) of Section 19, all being in Township 16 North, Range 30
West, Washington County, Arkansas, being more particularly described as
follows:
Beginning at the Southeast corner of said SW 1/4, of the SE1/4 of Section
18; thence North 242.55 feet, thence West 274.94 feet to the POINT OF
BEGININNG: thence North 87 degrees, 11 minutes, 04 seconds West a
distance of 87.00 feet, thence South 0 degrees, 05 minutes, 08 seconds East
a distance of 319.00 feet, thence South 82 degrees, 34 minutes, 48 seconds
West a distance of 103.00 feet, thence North 02 degrees, 30 minutes, 38
seconds East a distance of 337.00 feet to the POINT OF BEGINNING.
Containing 31,168.17 sqft or 0.72 acres more or less.
• • .0
Planning Commission Minutes
February 28, 2000
Page 12
RZ00-10: REZONING
STILES, PP519
This item was submitted by M.B. Stiles for property located at 2650 Old Farmington Road. The
property is zoned A-1, Agricultural and contains approximately 0.72 acres. The request is to
rezone the property to C-2, Thoroughfare Commercial.
Mike Stiles and Sally Langford were present on behalf of the request.
Staff Recommendation
Staff recommends approval of the requested rezoning based on the findings included in the staff
report.
Commission Discussion
Johnson:
This
is a part of a larger tract. The
larger tract is slightly under two acres. The
balance of the
tract
is presently zoned C-2. Is that
correct, Tim?
Conklin: That is correct. Staff is recommending approval of the C-2 zoning. This tract
does contain the 1.98 acres. Of that, 1.26 acres are already zoned C-2. The applicant has
requested the rezoning in order to have the entire tract zoned C-2. It is designed as commercial
by our land use plan. Rezoning this additional .72 acres will provide the applicant with a tract of
land entirely zoned C-2. This evening, staff has received four phone calls from neighbors who
are in opposition of the rezoning. We have also distributed to the Commission a Bill of
Assurance which was offered by the applicant stating that there will be no sexually oriented
business located at this site.
Stiles: My name is Mike Stiles. I'm the person that filed the zoning change. I represent
a partnership of four people. My other three partners did come with me tonight. We need to
address the idea of a nude, dancing bar.
Johnson: Are you going to do that?
Stiles: No, ma'am.
Johnson: We have in hand a bill of assurance where you have specifically stated that you
won't have such an endeavor and you won't allow the property to be used for that purpose. Have
you had any connection with any nude, dancing club anywhere else?
ComI
Stiles: I have never been involved in a nude, dancing club anywhere.
• • •
i, J
Planning Commission Minutes
February 28, 2000
Page 13
Johnson: The reason for the question is that the concern about a nude, dancing club is no
more directly related to what you're going to do there. It has nothing to do with what you've
done in the past, what establishment you've had in the past, or what you propose to do here. It's
totally irrelevant to what you're going to do.
Stiles: This has nothing whatsoever to do with our plans. We plan on a family dinner
theater. We will actually try to appeal in many instances to church groups as customers. We are
not going to be a nude, dancing bar. Mr. Estes was good enough to also pass around some letters
from people that we have dealt with in the community and developer that we have been working
on our plans with. He has detailed knowledge of what we're planning on doing as far as the
building goes. There is a letter from our CPA. He's gone over our business plan and he also
knows in detail the number of people, how we're going to pay folks, and he also stated that we're
not going to have anything to do with a nude, dancing bar. There is a letter from an engineer we
are using to provide estimates on utility costs and he also has intimate knowledge of what our
plans are as far as construction and how we're going to use the facility. We do not plan on
having a sexually oriented club.
Johnson: It seems to me unfortunate that we're having this discussion. Somebody found a
newspaper article about a dinner theater somewhere. Somewhere there was a dinner theater with
nude dancing. Is that your understanding of where the idea originated?
Stiles:
Yes.
We saw it today
reviewing the
Planning Departments file. That is the first
time we
were aware
of it. That does
not apply
to our intent whatsoever.
Johnson: Apparently, this particular bar was in Stratford, Wisconsin.
Stiles: We're here to answer your questions.
Public Comment
Richard Culver was present in opposition to the request.
Culver: I surely got your attention.
Johnson: Did you send us the article?
Culver: I want to apologize to Mr. Stiles if there was any thought that I was suggesting
that this was the kind of business that he intends to open. I did not mean to imply that.
However, once this property is zoned C-2, whatever Mr. Stiles' immediate plan is, there quite a
latitude for businesses. If somebody has a piece of property that they invested money in and they
want to get a return on that investment, I'm sure they will do whatever they can do to get that
11
Planning Commission Minutes
February 28, 2000
Page 14
return. I believe part of this parcel that is zoned C-2 was zoned C-2 in 1994. Thing have
changed since then. Shiloh Drive is now one way. Access to this property off of the bypass for
traffic north bound or east bound or west bound, unless they want to make a four mile round trip
from Sixth Street to Wedington and back down to Old Farmington, the access will be Sixth
Street to One Mile Road to Old Farmington Road down to this piece of property. Old
Farmington Road was recently repaved but it is still a narrow road without curbs or gutters. One
Mile Road is even narrower. Two cars can hardly meet and pass on One Mile Road. We're
concerned about traffic and access to this property. The motels on the bypass don't cause us any
problem as far as noise or nuisance. We are concerned about this particular piece of property and
as the adjacent property owner, I'm concerned about possible impact to my future use of that
property. I think .72 acres that is presently agricultural, if that remains agriculture, that at least
gives us a little bit of a buffer from any businesses that may develop there in the future. Also, a
number of homes along Old Farmington are being remodeled by the resident owners and that is
developing into a residential area. We would like to see it remain a nice, quite, residential area
and anything that does go in that C-2 zone would be something more appropriate adjacent to
residential property. Again, I want to say that I had no intention to imply that Mr. Stiles intended
to provide nude dancing. It was merely an example of the creative thinking that a property
owner or business owner can do to get around ordinances. I ask that you reject this rezoning.
Johnson: I want to remind the audience that on rezonings, they come to the Planning
Commission and if we approve the proposed rezoning, that approval merely sends it on to the
City Council for final action. If we disapprove the proposed rezoning, then our action can be
appealed to the City Council. I don't want to mislead anybody. We don't have final action on
this.
Douglas Voiters was present in opposition to the report.
Voiters: I live right across the street from that house and up about 100 yards. I could hit it
with a rock. This is a nice, quiet neighborhood. If there was commercial property there, it has
terrible access and frontage. I don't know why someone would want to put a business there.
There's no view. People driving by can't see it. It's hard to get to. The road you have to go
down comes over a hill which leaves a blind spot facing straight toward the sun. Not only is it
blind, the sun is in your eyes and it's narrow. The ditches are deep. It's dangerous. Whoever
made the frontage road one way really saved our neighborhood and made it really nice. It's safer
and that's more important than profit. We have several retired residents. We have over 31
children in this area and they play all over. For a long time, this was a back road. A short cut.
This neighborhood is getting cleaned up. This is a bad road for traffic.
Janet Voiters was present in opposition to the request.
Voiters: One of the things that no one has addressed about this house is it's historical
Planning Commission Minutes
February 28, 2000
Page 15
status. This is a Civil War house. I have lived in this neighborhood for two and a half years and
I've watched this house sit empty for a year and a half and there was a sign in front of it that had
it listed with a realtor and no one bought it. I researched about buying it. It was listed for
$70,000. Students moved in there. Currently, the people who own the property don't live in the
neighborhood. They are just investors. The teenagers and young adults that live there are not
friendly and nobody knows them in the neighborhood. We go to their house and knock on the
door and they don't come to the door. We're suspicious that they're going to bring some type of
a business in there that's going to cause lots of traffic to the neighborhood and they are not
concerned about the Civil War house. There isn't a need for a dinner house in that area. There
are three hotels that are there. The Quality Inn, the Park Inn, and The Hampton Inn. A bed and
breakfast wouldn't even make a profit because there so many other facilities. They're talking
about church groups using their facility. At my church, we do our own entertainment. There's
not a need for it. There are like six bars on Highway 62. That's one of the reasons everyone is
so concerned. We have a lot of entertainment on our side of the city for folks to go and get
liquor. Denny's restaurant is the only restaurant in the area. There's no access for the traffic
coming and going to a dinner house. I almost get killed trying to walk my dog. I have to jump
in the ditch, otherwise, I would get run over by a car. I know these folks want to make a profit.
From my research, I found out they bought the house for $70,000 and they were trying to sell it
for $140,000 six years later. It concerns me that they bought the house just to turn a profit by
doubling it and not doing one thing in six years. They're just trying to make money on this.
Johnson: I would ask that you do address the rezoning and that you don't address the cost
of the property. That's not relevant this evening. Whether you bought the property is not
relevant. If you would limit your comments to things that are instructive to us as to whether or
not we should favor the rezoning.
Voiters: That was one
of the reasons
that I was concerned about them
getting commercial.
A portion of that property is
already zoned
commercial. They haven't done
anything with it.
They could start a frat house
for the UofA.
That's another reason I'm concerned.
Johnson: Thank you very much.
Rick McKinney was present in opposition to the request.
McKinney: I came for another item but your statement bothers me. The rezoning of this
property affects the value of the property. How can you not look at what the cost of the property
is in rezoning. It's a very valid concern. What this lady just said is she's concerned about the
value of the property changing from A -I to C-2. You must consider the value of the property.
That's all.
Johnson: You may have misunderstood the import of my comment. I discouraged a
Planning Commission Minutes
February 28, 2000
Page 16
conversation about what was paid for the property and how much is was subsequently listed for
and whether this person tried to buy the property. Those issues are not relevant to our discussion
this evening.
McKinney:
I'm not through. That is relevant.
They don't have
to inquire as to
what these
people bought
this property for but the
rezoning
alone will change
the value of the
property.
Johnson: We only allow members of the audience to address us one time.
Further Commission Discussion
Langford: My name is Sally Langford and I'm one of the partners in this venture. My child
is living in that house. There ate four college students living there now. The house was bought
originally with the idea that it is a historic home. One of our partners is a social studies teacher.
It's known as the Old Thorpe place. It's approximately 150 years old. I have a friend who is a
Civil War buff who has been there and is doing some research for us. Our hope is to maintain
the integrity of that property. We do not wish to tear that home down. We wish to incorporate it
into our business plans and if that isn't possible then we still won't tear it down. We'll live in it.
My husband and I will be here in June as will the Stiles. We were here today looking for
property. I'm sorry that the children haven't answered the door. They're probably not home.
I'm thankful that they are probably at school or at their jobs. I understand the profit. I'm one of
the business types in this venture and we're certainly running numbers. Yes, we need to make a
profit. One of the reasons we picked this particular property was that we thought we could buy it
for a reasonable amount of money. Obviously, we should have bought it earlier. We didn't get it
at that good of a deal. We still think it's a great piece of property and has potential. When we
began looking at it as a proposed business site is when we found that the property is split C -2/A-
1. Our first concern was to bring that property into uniformity. We have no intention of
destroying the neighborhood. We like the neighborhood. That was part of the reason we bought
it. We want to keep the house and all the historic things. We've approached people about
writing and performing historic pieces to be performed in the dinner theater. It's not a bed and
breakfast. We don't expect people to come and stay. They will come at staggered times. I know
that the Planning Commission has looked at the traffic impact. They tell us that we are okay on
that and I'm going to trust them.
Johnson: Staff, concerning a buffer between this property when it develops, am I correct in
thinking that before the property develops into a dinner theater, it would come back from
Planning Commission as a large scale.
Conklin: That is correct. It would require large scale development approval by the
Commission.
0 .• • •
Planning Commission Minutes
February 28, 2000
Page 17
Johnson: Tell me what the requirements are if any for buffering between a business in a C-2
and an adjacent zone such as A-1.
Conklin: We have screening requirements between commercial and residential uses. It can
be
accomplished through building a wood privacy fence or use of vegetation. That type of
information would be submitted on the plan and approved by the Commission.
Johnson: So, if it were rezoned and if it were developed we would deal with the issue of
buffering.
Conklin: We would have to identify the residential land uses surrounding that and
determine the best way to buffer and screen those uses.
Johnson: There has also been comment about the approach which is on Old Farmington
Road. If it comes back as a large scale, then also we would deal with the issue of traffic
generation and whether or not we believe that any kind of off site improvements were required.
Conklin: That is correct and the applicant is aware that the commission does review the
large scale development plan and will make a recommendation of a condition for off site
improvements.
Man: As it stands right now with part C-2 and part A-1, without our having the large
scale development plan in front of us to see a footprint, it looks like the same thing could be
accomplished just putting the parking on A-i. Is that possible?
Conklin: That is possible. Our zoning ordinance and parking lot standards do allow
parking to be approved in other zoning districts. Parking in the A-1 zone could be approved as a
conditional use by the Commission.
Ward: The historic home is in the C-2 zoning.
Conklin: That is correct. The home and the barn are located in the C-2 portion.
Estes: By looking at page 3.8, the ingress to the proposed rezoning will be down 6'"
Street and up Old Farmington Road.
Conklin: That is correct unless they choose to use Shiloh from Wedington Drive or I-540.
Estes: Shiloh from Wedington Drive would be egress. Isn't Shiloh one way south?
• •
Planning Commission Minutes
February 28, 2000
Page 18
Johnson: If you came down from Wedington, then you could turn right onto Old
Farmington.
Conklin: Or if you exited I-540, the exit is far enough north that you could turn right onto
Old Farmington Road and enter the property.
Estes: So both ingress and egress could be accomplished by traveling south on Shiloh
and turning right onto Old Farmington.
Conklin: Correct.
Estes: Because the ingress and egress is something we certainly need to think about, has
staff given any consideration to the traffic generated. I notice that one of the finding is that the
proposed zoning would not create an increase in traffic congestion. Could you edify us and tell
us how that finding was made?
Conklin: Staff has met with the applicant and reviewed a concept plan. The 1.26 acres is
currently zoned C-2. They would be allowed to build a dinner theater on that portion. Rezoning
the remaining .72 acres is not going to change the conditions.
Ward: I feel there is a need for a dinner theater. This is pretty close to the University and
I understand that the University Theater is interested in working with this. They have a lot of
property out there zoned C-2. We're only talking about a third of it that's not really zoned
anything. To the north is C-2. Across the street is R -O and C-2.
ITI [ITV O33
Commissioner Ward made a motion to approve RZ00-10.
Commission Odom seconded the motion.
Johnson: We have the motion by Commissioner Ward and the second by Commissioner
Odom that we approve the rezoning. Whatever action we take either goes directly to the Council
or could be appealed to the Council. A rezoning must gain five positive votes to go forward.
Roll Call
Upon roll call, the motion passed with a vote of 7-0-0.
I
0
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of March 21, 2000.
FROM:
Tim Conklin
Name
Planning
Division
Public Works
Department
ACTION REQUESTED: To approve an ordinance for RZ 00-10.00, submitted by M.B.
Stiles for property located at 2650 Old Farmington Road. The property is zoned
A-1, Agricultural and contains approximately 0.72 acres. The request is to
rezone the property to C-2, Thoroughfare Commercial.
COST TO CITY:
Cost of this request Category/Project Budget Category/Project Name
Account Number
Project Number
BUDGET REVIEW: _
Budget Coordinator
Funds used to date Program Name
Remaining balance Fund
Budgeted Item Budget Adjustment.Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Acc in Man r Date
3-3•w
City At or Date
Purchasing Officer Date
GRANTING AGENCY
ADA Coordinator
Internal Auditor
Date
Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission
unanimously voted 7-0-0 to recommend and forward the rezoning to the City
Council.
3.3 -co Cross Reference
ision Hea� Date
-oo
Director 4.jtJ New Item: Yes No
minist ve Services a e Prev Ord/Res#:
Dire cto 6�0
l�N
Mayor Date Orig Contract Date:
FAYETTE I LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPOND
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: March 27, 2000
Attached is
a copy of the ordinance approving
rezoning
request RZ 00-10. The original will be
filed at the
County, then microfilmed and filed
with the
City Clerk.
cc: Ed Connell, Engineering
Tony Webb, Planning
Clyde Randall, Engineering
i
ORDINANCE NO.4237
AN ORDINANCE REZONING
THAT PROPERTY DESCRI-
BED IN REZONING PETITION
RZ00-10 FOR A PARCEL
CONTAINING APPROXIMATE.
LY 0.72 ACRES LOCATED AT
2650 OLD FARMINGTON
ROAD AS REQUESTED BY
M.B. STILES.
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKAN-
SAS:
Section 1 That the zone classi-
fication of the following descri-
bed properly is hereby changed
as follows:
From A-1, Agricultural to C-2,
Thoroughfare Commercial, as
described in Exhibit "A" attach-
ed hereto and made a part
hereof.
Section 2. That the official zon-
ing map of the City of Fayette-
ville, Arkansas, is hereby
amended to reflect the zoning
change provided in Section 1
above.
PASSED AND APPROVED
this 21st day of March, 2000.
APPROVED:
By: Fred Hanna, Mayor
ATTEST
By; Heather Woodruff
City Clerk
EXHIBIT "A"
Legal Description
for RZOO-10
Part of the Southwest Quarter
(SW1/4) of the Southeast Quar-
ter (SE1/4) of Section 18 and
part of the Northwest Quarter
(NW1/4) of the Northeast Quar-
ter (NET/4) of Section 19, all
being in Township 16 North,
Range 30 West, Washington
County, Arkansas, being more
particularly described as fol-
Beginning at the Southeast
Corner of said SW1/4, of the
SE1/4 of Section 18: thence
North 242.55 feet, thence West
274.94 feet to the POINT OF
BEGINNING: thence North 87
degrees, 11 minutes, 04 sec-
onds West a distance of 87.00
feet, thence South 0 degrees,
05 minutes, 08 seconds East a
distance of 319.00 feet, thence
South 82 degrees, 34 minutes,
48 seconds West a distance of
103.00 feet, thence North 02
degrees, 30 minutes, 38 sec-
onds East a distance of 337.00
feet to the POINT OF BEGIN-
NING. Containing 31,168.17
sqft or 0.72 acres more or less.
• ,
WCEIVED
STATE OF ARKANSAS 0 APR 13 2000
County of Washington } ss. ACCTG. DEPT.
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
that the legal notice attached in the matter of
was published in the regular daily issue of said newspaper for
consecutive insertions as follows:
The first insertion on the 4 F day of 20 Q2)
the second insertion on the
the third insertion on the
• • • -A LfI//i/Sf/
My Commission Expires:
Fees for Printing................
Cost of Proof.......
Total...................................
day of 20
day of 20
?.Notary Public
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