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HomeMy WebLinkAboutOrdinance 4245 FILED FOR RECORD ' 00 APR 26 AIS 8 32 WASHINGTON CO AR ORDINANCE NO. 4245 K. HARNESS AN ORDINANCE REZONING THAT PROPERTYDESCRIBED IN REZONING PETITION RZ00- 11 .00, FOR A PARCEL CONTAINING APPROXIMATELY 4.02 ACRES, LOCATED AT 2300 CATO SPRINGS ROAD, AS REQUESTED BY RONALD G. WOODRUFF, ON BEHALF OF THE JOYCE M. OGDEN FAMILY TRUST. 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: RZ00- 11 .00 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R-2, Medium Density Residential to C-2, Thoroughfare Commercial. 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 18'" day of April 2000. APPROV&4n By: - Fred Hanna, Mayor ATTEST / By ig Heather Woodruff, Cityerk 4245 - ord .u • • • • EXHIBIT A EXHIBIT "A" Legal Description for RZ00- 11 .00 e A4!9'& Dfs A part of the NW 1/4 of the NE 1/4 of Section 29, Township 16 North, Range 30 West of the Fifth Principal Meridian, being more particularly described as follows: commence at the southwest corner of the NW 1/4 of the NE 1/4 of said Section 29; thence S 86°37'38" E 703 .93 feet to the point of beginning and run thence N 2035' 15" E 563.56 feet; thence S 87°23'09" E 310.00 feet; thence S 2°35'15" W 567.66 feet; thence N 86°37'38" W 310.03 feet to the point of beginning and containing 4.02 acres, more or less, Washington County, Arkansas. M 2 2000032071 t�4f�80 Hong; @I(dal4 @I & eH8 Ez OWS H �(�.��{iw &@3 HA F@EY ft of_olov It r rptAf �n my he PP and the 8dine 1{ pow duly T t a� .ngwi®d@emeht ono &ertigcete t. d �3R NRd Ri@a ae indieatedThereon. �pl I , 66 Yt�le�33��, I hp@ h@npunto set my kipp, , ory�i 00.lhlp g9a1 ©f §aid G@un on the date tndi- or.W,�l�s�{egfl, Kr+ri�n i{nmg CtIG I fi4� =41F �F,Hri� � NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials 8 -Do � 4 9,77 d ' 7/ • 0 • ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ00- 11 .00 FOR A PARCEL CONTAINING APPROXIMATELY 4.02 ACRES LOCATED AT 2300 CATO SPRINGS ROAD AS REQUESTED BY RONALD G. WOODRUFF ON BEHALF OF THE JOYCE M. OGDEN FAMILY TRUST. 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: RZ00- 11 .00 for the real property described in Exhibit "A" attached hereto and made a part hereof. From R-2 Medium Density Residential to C-2, Thoroughfare Commercial . Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section above. PASSED AND APPROVED this day of 12000. APPROVED: By Fred Hanna, Mayor ATTEST: By Heather Woodruff, City Clerk EXHIBIT "A" A part of the NW 1/4 of the NE 1/4 of section 29, township 16 north, range 30 west of the fifth principal meridian, being more particularly described as follows: commence at the southwest corner of the NW 1/4 of the NE 1/4 of said section 29; thence S 8603738 " E 703 .93 feet to the point of beginning and run thence N 2 °35' 15 " E 563.56 feet; thence S 87 °23'09" E 310.00 feet; thence S 2 ° 35' 15" W 567.66 feet; thence N 86 ° 37'38" W 310.03 feet to the point of beginning and containing 4.02 acres, more or less, Washington County, Arkansas. 00 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 575-8264 PLANNING DIVISION CORRESPONDENCE PIHAAI �zt/l TO: Fayetteville Planning Commission eo FROM: Dawn T. Warrick, Associate Planner THRU: Tim Conklin, City Planner DATE: March 13, 2000 RZ 00-11.00: Rezoning (Ogden, pp 638) was submitted by Ronald G. Woodruff, Attorney on behalf of Joyce M. Ogden Family Trust for property located at 2300 Cato Springs Road. The property is zoned R-2, Medium Density Residential and contains approximately 4.02 acres. The request is to rezone 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: March 13. 2000 CITY .COUNCIL, ACTION*- Required YES O Approved , " O Denied Date: Comments: H:\USERS\COMMOMDAWA7\REPORTS\PC\3-13-00\ogden.wpd BACKGROUND: On October 28, 1996 the applicant requested that the Planning Commission rezone this property along with the adjacent 6. 17 acres (a total of 10. 19 acres) to C-2, Thoroughfare Commercial. At that time, the request was denied (see attached minutes). Later, the applicant revised the request and resubmitted a rezoning application for only the 6. 17 acres closest to the by-pass. On December 2, 1996, the Planning Commission voted 6- 1 -0 to rezone the 6. 17 acres from R-2, Medium Density Residential to C-2, Thoroughfare Commercial. A Bill of Assurance offered by the applicant at the time was also accepted by the Commission which stated that the entire 6. 17 acres would be subject to the requirements of the Design Overlay District (see attached minutes). The City Council approved this amended request with a vote of 8-0-0 on the third reading of the rezoning ordinance on January 21 , 1997. At this time, the applicant is requesting that the 4.02 acres which was removed from the original rezoning request be zoned C-2, Thoroughfare Commercial. At this time the property is zoned R- 2, Medium Density Residential. This property is bound on the north and east by City of Fayetteville property. This is the site of the Water & Sewer Operations Center. The property is currently zoned R-2, however a request has been approved by the Planning Commission and is before City Council at this time to rezone this City property I- 1 , Heavy Commercial / Light Industrial. On the south and west, the subject . property adjoins C-2 property which is largely undeveloped. The property immediately south of this tract (approximately 12.44 acres) was rezoned from R-2 to C-2 in 1997. SURROUNDING LAND USE AND ZONING North: City of Fayetteville Water & Sewer Operations Center (R-2 / rezoning to I- 1 at City Council currently) South: Single family home (C-2) East: City of Fayetteville Water & Sewer Operations Center (R-2 / rezoning to I- 1 at City Council currently) West: Single family home (C-2) INFRASTRUCTURE: Streets: Access to this property is along a private drive and along Treat Street, from Razorback Road which is classified as a principal arterial on the Master Street Plan requiring a total of 110' of right of way. HAUSERACOMMOMDAWMVtEPORTSPC\3-13-OOAogden.wpd 00 Water: 24" line along Treat Street (south boundary) Sewer: Not available. Owner will be responsible for extending sewer to this location at the time of development. 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. Finding: The proposed rezoning to C-2, is consistent with the City's General Plan 2020. The area of Cato Springs Road Y Razorback Road is designated in the General Plan as a regional commercial center into which new regional development should be directed. 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 only justified in that it is consistent with the City's adopted General Plan 2020. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed rezoning will not create or appreciably increase traffic danger and congestion. 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 rezoning will not alter population density at this location. 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; H:\USERSCOMMOMDA WN7\REPORTS\PC\3-13-00\ogden.wpd Joe 0 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 §161.14 DISTRICT C-2 THOROUGH-FARE Unit 2 City-Wide Uses by Conditional Use COMMERCIAL. Permit A. Purpose. The Thoroughfare Unit 3 Public Protection and Utility Commercial District is designed especially to Facilities encourage the functional grouping of these commercial enterprises catering primarily to highway. Unit 21 Warehousing and Wholesale travelers. Unit 28 Center for Collecting Recyclable B. Uses. Materials 1. Permitted Uses. Unit 32 Sexually Oriented Business Unit 1 City-Wide Uses by Right C. Bulk and Area Regulations. Setback Unit 4 Cultural and Recreational Facilities lines shall meet the following minimum re uirements: Unit 12 Offices, Studios and Related Services From Street ROW 50 ft. Unit 13 Eating Places From Side Property Line None Unit 14 Hotel, Motel and Amusement From Side Property Line 15 ft. Facilities When Contiguous to a Unit 15 Neighborhood Shopping Goods Residential District Unit 16 Shopping tog Goods From Back Property Line 20 ft. Unit 17 Trades and Services D. Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the Unit 18 Gasoline Service Stations and Drive- total area of such lot. In Restaurants Unit 19 Commercial Recreation E. Height Regulations. In District C-2 any building which exceeds the height of 20 feet shall be Unit 20 Commercial Recreation, Large Sites set back from any boundary line of any residential district a distance of one foot for each foot of height Unit 24 Outdoor Advertising in excess of 20 feet. No building shall exceed six stories or 75 feet in height. Unit 33 Adult Live Entertainment Club or Bar (Code 1991 , § 160.036; Code 1965, App. A, Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833, 11 -1 - 2. Uses Permissible on Appeal to 71 ; Ord. No. 2351 , 6-2-177; Ord. No. 2603, 2-19-80; the Planning Commission. Ord. No. 4034, §§3,4, 4-15-97) H:\USERACOMMOMDAWM\REPORTS�PC\B-!3-00\ogd en.wpd Description of Request Joyce M. Ogden Family Trust is the owner of the property. Joyce Ogden is a co-trustee and lives on the site. Joyce's son, Earl L. Ogden, Jr. is a co-trustee and a secondary beneficiary along with his two sons. There is no pending or proposed sale of the property. The extension of Razorback Road in 1996 to the 1540 ramp makes the property a prime location for commercial development and use. The property could be used for a hotel, motel, restaurant, fuel sales, and other accommodations and services for local and traveling public. In late 1996 "Tract A" (see Plat of Survey) containing 6. 17 acres was rezoned from R-2 to C-2. During that process, "Tract B" (the land now sought to be rezoned to C-2) was withdrawn from the original Petition primarily because the City of Fayetteville was negotiating the sale of the property adjoining Tract B on the North and East to third parties for construction of a large apartment complex. The City lost its buyer and now has pending a Petition to rezone it's land back to C-2. Assuming the City is successful in its efforts to rezone its 19+ acres back to C-2, Ogden' s Tract B is to be an isolated 4 acre tract of R-2 surrounded on three sides by commercial zoning. The increase traffic flow stimulated by the Razorback/Cato Springs Road connection to 1540 and the surrounding C-2 zoning has rendered Tract B no longer suitable for residential use. It is anticipated that given the nature and market value of Tract B, the appearance of any building constructed for commercial use would be attractive and appropriate. According to City maps a 24" water line is available to serve the City. Currently, the sewer line terminates at the City Operation Center on Cato Springs Road which lays adjacent and North of "Tract B". ,nzv, J, C) � � z Z 2 \ Ci DTI Oz0 Z cam, C, (No Z W a co rJ'i A N OD N rn NLT; NJ W of 0) n O c (., nl nl �Cv U' m 00 ti, 'moo tiw S 02 31 ' 05" E _ - - - - - 1 - - - - cps oar1288. 99 ' - - - - - - - - - - - - - - - f7 - - - - - - r� '� i0 = D m c � - = (,F) Dv, % "> 2 mg* Z C) O Zi Zq O rn A \ .cvG' (b�' ti C) X D m r,, m �v� .A ti m z co Lil) in 2 C-) m m _ m 10 m V: m D \ ' A -N-i D Cn � (/� OD (!, Oo + D r : Zmm \ m r _ � s oG) D z I n w _ N C c(On D V . 000 D Nei o = O , OO D M Lil � mvzu N O W V o C D OJ U W Oo N (n m x r D c M CID N � m JUl Z7 . 9S C9S nr jN zo II n N < n \ M „St , S �'. Z S + (63 mm No m p -� O Y ~ r 0 O m O ~ A m ? jZJ C)0 Vl m W D () p 0 N � O O .. u �pD () m m m p N � mzO 99 'L9S yAiz m .. r oo $ m I N1 „SI , S�. Z S moom = m Om I ❑ 0 Q D 00 . r � D (1 mz m m U') y vz O cs�, ; oaZCO"1pA 0 r . D WOI C) NOzDO O = mZzUID afAzz n VoZZ Z mO = zz t Mori r_ N z O z r yO m7, Z -0Z iV. m -p 1 n z. T- 16 - N m m O m m z C m O Z c m r�� S RZ00-11.00 - - Close w I- 0 R-2 a a 2 Q� 2 I-1 R-2 vi a -1 I-1 -2 ♦f?/Itlt a R-2 • �. O S. R-2 I-1 S. S. C-2 C-2 ♦ � a H�o R-2 G2 R-2 'a C-2 t CI N 200 0 200 Feet E R-2 0• RZ00-11.00 - Ogden - One Mile Diameter �1 -1 I �. 19NgL I A F 1 PRIVATE � � '"L R1 G2 UTH ¢ !� 1TH = a ��`�; G2 /a1 ` 1.1 LO iM1T��H "2 9 I T 2 " R -1I LJ \?5TH (� R-0 I 1-P 12TH R-2 IIR" 4A a1 R-2 \ PRIVATE 1 2 -2 O 13TH UL R-2 }S�✓I I-1 R-2 lII R-3 R #t-0 I11 1"1 �9 WALKER Z au G2 R-2 1 \ I-1 4:1- 'BOON iSTU, R-1 , R \ R-2 KEITH c! G1 O R-2 Q p =V 1 ' R-2 ; SLIGO SUNCHASE 11 PETTIGREW I-i !tt ARROWHEAD¢ D > 1 R-2 a R-2 f 3 RESEARCH CUSTE R S -1 -1 CENTER/ TT G2 �.C a SA R2 \ 11 EDEN p > E R"1 A R -2` LAURA I- ISUMMERHLEE G2 n LD R-2 \ 41 R-2 u 7~ 1 G2 ` 26TH ti I 1 v�v 11 S3�p2 2 2 I PI' \ CLYDESDALE S 00 - S. LESTER a / \\ � C- > 0 \ \ S. �= \ \ R"1 G2 'CHERRY OP I 1 A"1 \ GREENWOOD ��_ SKELTOM U MONTGQMERY y L WE RZ00-11.00 - Ogden - 2020 Plan No O z - - - - - - -�LI 0 CATO SPRINGS 7i `� i i i cy� � O sJJ qy 5Q 1400 0 1400 Feet N Residential IHU University W E M Conxmity Conrrerdal Industrial IllIllIllE office ® Historic Cor merdal Mxed Use ____ Open I Space Recreational S ® Historic Districts Neighborhood Corm ercial ® Regional Conmerical PLAT OF SURVEY 3" X 8" STONE NW CORNER Q NW1/4 NE1/4 SECTION 29 W I I • �IQ '0100 100 NIN O1� N 24.2 N AV 4 SS F 0� 9 • 32 28>7 \ 1Q 76 $3 37 R7 ;R Ag. F 77 / va 7 2 F \ N 3g2G32„3 I / 1s.<6 E / N 33.29,1g„ IE . 29.7g . N 29 32'5.. 9367' �i / N 23.32'5" E 9.5.6 7-----F.I I N 8453" E 82.24' Hi SW CORNER II NW1/4 NE1/4 / SECTION 29 TALE HWY 265 TRACT A POB TRACT A TREAT STREET S 86.37'38" E 16.74' !::ili,;i!r!::il: ,.4..1T;1......... '• 11; !i ETU......IMi!Bii..i1! BAR SCALE SCALE 1"=200' STATE HWY 265 CHAIN LINK FENCE 1 FT. OFF PROPERTY LINE 652.89' ___ S 87.23'9" E 342.89' I 310.00' SEC. 20 SEC. 29 R -30-W LOCATION MAP z H CHAIN LINK FENCE 1 FT TRACT B OFF PROPERTY LINE R-2 TRACT A +/- 4.02 ACRES In C-2 !v +/- 6.17 ACRES N m U N O -cyu w Cn ofl LEGEND 587.69' 897.72' - N 86.37'38" W BASIS OF BEARINGS: AS ESTABLISHED BY THE AHTD FOR THE STATE HIGHWAY 265 RIGHT OF WAY ACQUIRED IN -1995. BOUNDARY DESCRIPTIONS POB TRACT B A AHTD R/W MONUMENT 310.03' 0 SET IRON PIN Q FOUND IRON PIN ❑ FOUND CONCRETE MONUMENT I I -e-- CHAIN LINK FENCE FLOOD CERTIFICA1ION: THE HEREIN DESCRIBED TRACT IS IN A NON -FLOODED AREA AND NOT WITHIN THE 100 YEAR FLOOD PLAIN PER FIRM MAP NO. 0514300094 C DATED SEPTEMBER 1'0.'l99' - A PART OF THE NW1 /4 OF THE NE1 /4 OF SECTION 29, TOWNSHIP 16 NORTH, RANGE .30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NW1/4 OF THE NE1/4 OF SAID SECTION 29; THENCE S 86°37'38" E 116.24 FEET TO THE EASTERLY RIGHT OF WAY OF STATE HIGHWAY 265(AS ACQUIRED IN 1995) FOR THE POINT OF BEGINNING AND RUN THENCE N 800453" E ALONG SAID RIGHT OF WAY 82.24 FEET; THENCE N 23°32'05" E ALONG SAID RIGHT OF WAY 93.67 FEET; THENCE N 29°32'05" E ALONG SAID RIGHT OF WAY 93.67 FEET; THENCE N 33°29'18" E ALONG SAID RIGHT OF WAY 29.79 FEET; THENCE N 34°26'32" E ALONG SAID RIGHT OF WAY 15.26 FEET; THENCE N 41°34'02" E ALONG SAID RIGHT OF WAY 40.31 FEET; THENCE N 32°16'01" E ALONG SAID RIGHT OF WAY 105.49 FEET; THENCE N 28°11'31" E ALONG SAID RIGHT OF WAY 53.11 FEET; THENCE N 24°12'55" E ALONG SAID RIGHT OF WAY 100.49 FEET; THENCE S 87°23'09" E LEAVING SAID RIGHT OF WAY 342.89 FEET; THENCE S 2°35'15" W 563.56 FEET; THENCE N 86°37'38" W 587.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.17 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. TRACT B A PART OF THE NW1/4 OF THE NE1/4 OF SECTION 29, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NW1/4 OF THE NE1/4 OF SAID SECTION 29; THENCE S 86°3738" E 703.93 FEET TO THE POINT OF BEGINNING AND RUN THENCE N 2°35'15" E 563.56 FEET; THENCE S 87°23'09" E 310.00 FEET; THENCE S 2°35'15" W 567.66 FEET; THENCE N 86°37'38" W 310.03 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.02 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 500--16N-30W--0-29-140-72-1298 SURVEYOR'S CERTIFICATION I hereby certify thot I hove surveyed the herein described tract and that the property lines and corner monuments are, to the best of my know— ledge and ability, correctly established as shown herein. Also any easements and/or encroachments revealed by survey are shown. JAMES E. GORE ARKANSAS R.L.S. 1298 GORE ENGINEERING & LAND SURVEYING, INC. 1817 OLD 12 CROSSROADS CHESTER, ARKANSAS 72934 PH(501)929-5599 �GiSTER„ r STATE OF ARKANSAS NO. RLS 1298 O ✓ ff, Z`�. LAIC_. OCTOBER 30, 1996 GORE ENGINEERING & LAND SURVEYING, I OWNER JOYCE M. OGDEN FAMILY TRUST ADDRESS 2300 CATO SPRINGS RD. CITY r♦ '.Ter re, ,,i i Planning Commission Meeting October 28,1996 Page 31 • : II 1 1 The next item on the agenda was submitted by Ronald Woodruff on behalf of Joyce Ogden for property located at the northeast corner of Cato Springs Road and Treat Street. The property is zoned R-2 (Medium Density Residential) and contains approximately 10.19 acres. The request is for a rezoning to C-2 (Thoroughfare Commercial). The staff recommended approval of the rezoning as requested based on the designation of this area in General Plan 2020 as Regional Commercial. General Plan 2020 states the purpose of regional commercial development is to "maximize and enhance the existing regional commercial areas of the City and to create regional identity". Section 6.4e under Regional Commercial: Implementation Strategies reads as follows, "Direct new regional development into designated regional commercial centers". This area (71 Bypass intersection with U.S. 71/ Razorback Road/Cato Springs Road) is specifically designated as a "new center" of regional commercial activity. Mr. Tucker questioned if the property was in the overlay district. He added the 2020 Plan did show this area as regional commercial, but it also preferred nodule type development. Ms. Little stated a portion of the property was in the overlay district. The 2020 plan tried to place more neighborhood commercial in nodes regional commercial was placed in areas that would attract from various regions. Mr. Sugg stated the area should be used as residential. Ms. Johnson questioned the number of residents now on the property. Mr. Woodruff stated there were two existing homes on the site. Ms. Johnson commented she could not remember an area where a five -lane highway had gone in first residential. She had seen the reverse where a five -lane had gone through an existing residential area. Mr. Sugg defended the City encouraged it by zoning it commercial. Ms. Johnson did not believe the property would develop as residential. She noted that, if they did not rezone the property to commercial, it would probably just sit there undeveloped. Ms. Hoffman did riot believe there was a need for the entire tract to be rezoned commercial. The frontage would be appropriate, but the back of the tract was reaching into a residential Planning Commission Meeting October 28,1996 Page 32 neighborhood. To rezone the entire tract for a dense commercial use would be excessive. Mr. Woodruff responded residential was not practical for this tract of land because of the railroad toward the back of the property. They would have five lane highways on two sides and a railroad track to the rear. Ms. Johnson questioned the street in the northeast comer. Mr. Woodruff stated it was used as a driveway for Mr. Treat, the adjacent neighbor. Mr. Harbison commented he was leaning toward denial of this request. The Planning Commission bylaws instructed that they must determine that there is a current need in the City for the rezoning as of the date for the proposed rezoning. Fayetteville now had more than 400 acres of undeveloped C-2 land, most of which they had rezoned in the last year and half. He could not see the need for additional C-2. Mr. Sugg commented this area was to be the new gateway into Fayetteville. His'concem was that there was too much C-2, he felt C-1 would be more appropriate. Mr. Tucker stated one benefit was that it was in the overlay district. Ms. Little replied about half of the property was in the overlay district, but did include most of the frontage. MOTION Mr. Odom moved to approve the rezoning. Mr. Allred seconded the motion. Mr. Forney stated he would oppose the rezoning for the same reasons that he opposed designating this area as regional commercial when they passed the land use plan. He explained that the proximity to the Highway 62 intersection was too close. The City did not need two different nodes that close together. He would be consistent and oppose the rezoning. The roll was called. The rezoning failed by a vote of 3-6-0, Harbison, Sugg, Forney, Reynolds, Hoffman, and Tucker voting nay. 'I MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Planning Commission was held on December 2, 1996 at 5:30 p.m. in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. MEMBERS PRESENT: STAFF PRESENT: Phyllis Johnson, Lorel Hoffman, Gary Tucker, Conrad Odom, John Forney, Mark Sugg, and Jerry Allred. Alett Little. Jim Beavers, Rich Lane, Dawn Warrick, and Heather Woodruff. APPROVAL OF THE MINUTES Minutes of the October 28, 1996 meeting were approved as distributed. OLD BUSINESS RZ96-18.00: REZONING FOR JOYCE OGDEN CATO SPRINGS AND TREAT STREET. The first item was submitted by Ronald Woodruff on behalf of Joyce Ogden for property located at the northeast corner of Cato Springs Road and Treat Street. The property is zoned R-2 (Medium Density Residential) and contains approximately 10.19 acres. The request is to rezone only the west 6.17 acres from R-2 to C-2 (Thoroughfare Commercial). This is an amendment to a previous petition heard and denied at the Planning Commission meeting of 10/28/96. The staff recommended approval of the rezoning (with the amended acreage, decreasing from 10.19 acres to 6.17 acres) as requested based on the designation of this area in General Plan 2020 as Regional Commercial. General Plan 2020 states that the purpose of the regional commercial development is to "maximize and enhance the existing regional commercial areas of the City and to create regional identity." Section 6.4.e. under Regional Commercial: Implementation Strategies reads as follow, "Direct new regional development into designated regional commercial centers." This area (71 Bypass intersection with U.S. 71/Razorback Road/Cato Springs Road) is specifically designated as a "new centerof regional commercial activity. Although staff recommended approval of the previous submittal, the amended proposal appears to be a better with the R-2 buffer to the east (4.02 acres). The applicant is advised that the "tract A & B" description should only be utilized for zoning purposes and will not be recognized by the City as separate tracts. A lot split will be required before these tracts could be sold separately. Mr. Tucker asked if the applicant was willing to put all of the proposed rezoning under the design overlay district. • S... • Planning Commission Meeting December 2, 1996 Page 2 Mr. Woodruff stated they were willing to offer a Bill of Assurance accepting the Overlay District for the proposed 6.17 acre rezoning. Ms. Johnson clarified some of the six acres did not lay within the Overlay District. Mr. Woodruff replied there was about an acre out of it, but they were willing to cover the whole tract. Mr. Allred commented the land was not subject to the Overlay District now because it was not zoned commercial. Ms. Little explained as long as the parcel was zoned R-2 (or any residential classification) it would not be subject to the Overlay District. The Overlay District only applied to commercial property. Ms. Johnson asked Mr. Woodruff if he was willing to have the entire tract of C-2 in the Overlay District. Mr. Woodruff stated they were willing to have the entire commercial area in the Overlay District. Mr. Forney questioned the need for more property zoned commercially. - Ms. Johnson stated the staff had observed there was very little commercial property in that area. The implication being, it was not sensible to have all the commercial development in one region of the City. Ms. Little stated the Land Use Plan showed this area to be Regional Commercial. MOTION Mr. Odom moved to approve the rezoning subject to staff comments and the applicant's willingness to offer a Bill of Assurance to subject the entire C-2 tract to requirements of the Overlay District. Mr. Tucker seconded the motion. Ms. Johnson explained to Mr. Woodruff a rezoning required five positive votes to pass. She gave him the option to wait until they had more members present. Mr. Woodruff stated he would accept this vote. Planning Commission Meeting December 2, 1996 Page 3 - Mr. Forney commented there was a lot of C-2 at the intersection of Hwy 62 and 71B as well as S. School. He objected to making this regional commercial at this time because of these strong commercial strips. Ms. Johnson commented the area north of the bypass was largely regional commercial and the areas south of the bypass had more of a local flavor. She could not see the logic in pushing such a large portion of the commercial development to the north, excluding the mall area. Mr. Forney stated the 2020 Plan had five nodes of regional commercial along the bypass. It was his argument that they did not need to develop another intersection in the same manner as Hwy 62. He did not believe they should rezone more land for heavy commercial use than what was needed. He felt one of the dangers was that if all the land was developed to its highest potential, by -right, use in C-2 then they would have a remarkable amount of commercial development and it would be hard for the City's infrastructure to support. They might be over taxing the highway if they were to develop that densely. He added the northern region had always been seen as the primary regional commercial area, because they had more. potential customers from Springdale and Rogers. Mr. Sugg stated this was a better proposal and he hoped that the Overlay District would do what it was intended to do and make it a pleasant entry. - Mr. Tucker commented the infrastructure was part of the reason he was inclined to vote for this. The City had already built a five -lane road out there. He believed it was.in preparation for heavy commercial use. Mr. Forney expressed concern that they were encouraging strip developments along major. arterial. He was in favor of commercial nodes. He argued that using the five lane street as a route to commercial properties would cause traffic problems. Ms. Johnson asked Mr. Forney if he agreed or disagreed with the 2020 Plan. Mr. Forney stated the rezoning complied with the 2020 plan, however, rezoning more land C-2 was in contradiction with the plan because it would create an excess of C-2 property in Fayetteville. Ms. Johnson asked if the cemetery on the north side of Razorback Road joined the road. Mr. Woodruff thought it was a private cemetery and it did come to the road. Ms. Johnson thought the location of the cemetery would prevent that side of the highway from being developed commercial adding this node would not be so heavily developed as some of the > > Planning Commission Meeting December 2, 1996 Page 4 • other intersections. Ms. Little stated the cemetery did adjoin the right-of-way. The land use plan only showed the northeast corner of the intersection being zoned regional commercial, reasoning that the steep terrain to the south of the intersection would limit commercial developments there. Mr. Sugg asked Mr. Woodruff if the terrain would affect the access to the property. Mr. Woodruff replied the property did sit a little low along the south side of the highway but the existing driveway was at a slope that leveled off before it met the highway. Mr. Allred commented they had two options: a commercial development or an apartment complex. Ms. Little added apartment complexes were not subject to the Overlay District. Mr. Allred stated the City would benefit by the rezoning because they would be subject to the Overlay beautification requirements. If they did not rezone, they could have an apartment complex not subject to any of the requirements. Mr. Forney expressed concerns that the entire Razorback extension would become strip - development. Ms. Johnson responded they would have more control over this because it was going across fresh land and that Hwy 62 had existing commercial developments for years. Mr. Woodruff stated Richard Poole, who owned the lots on the west side, had no intentions of developing his land commercial. He added the proposed rezoning was surrounded by City property to the north and east who had control over how the land would be developed. Mr. Sugg thought the land across the road would be undevelopable because of the slope. Ms. Johnson stated the motion was to approve the rezoning subject to the staffs comments and subject to the applicant's offer of a Bill of Assurance to apply all requirements of the Overlay District to the entire six plus acres. The roll was called and the item was approved by a vote of 6-1-0. Mr. Forney voting nay. Planning Commission Minutes March 13, 2000 Page 13 RZ00-11: REZONING OGDEN, PP638 This item was submitted by Ronald G. Woodruff, Attorney on behalf of Joyce M. Ogden Family Trust for property located at 2300 Cato Springs Road. The property is zoned R-2, Medium Density Residential and contains approximately 4.02 acres. The request is to rezone to C-2, Thoroughfare Commercial. Ron Woodruff was present on behalf of the request. Staff Recommendation Staff recommended approval of requested rezoning. Commission Discussion Johnson: The property is adjacent to the City property for the Water and Sewer Services Con,. Facility. There has been recent rezoning approved by the Council which is R-2 to-�` the north of this property which is now I-1. The City intended to sell the property and ultimately did not. Everything east and north is now I-1. This was part of a larger tract which was before us four years ago for a rezoning. At that time, did the Commission deny the rezoning? Conklin: They denied the request for the entire acreage. The applicant came back with 6.17 acres which is to the west and it was approved. When the city property was proposed for student housing, there was concern about having thoroughfare commercial C-2 zoning. Now the city property has been rezoned to I-1 with plans to expand that facility. It is consistent with our land use plan. Woodruff: We originally proposed 10 acres for rezoning in 1996 and we withdrew that. I wanted to bring it to your attention that I did go to the city and reviewed the zoning map and it was shown as commercial use and I had to bring their attention that there were four acres still zoned R-2. Public Comment None. Further Commission Discussion Johnson: This action is merely a recommendation to the City Council who will make the Planning Commission Minutes March 13, 2000 Page 14 final determination. MOTION Commissioner Man made a motion to approve RZ00-11. Commissioner Odom seconded the motion. Roll Call Upon roll call, the motion passed with a unanimous vote of 8-0-0. STAFF REVIEW FORM X Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of April 4, 2000. FROM: Tim Conklin Planning Public Works Name Division Department ACTION REQUESTED: To approve an ordinance for RZ 00-11.00 submitted by Ronald G. Woodruff on behalf of the Joyce M. Ogden Family Trust for property located at 2300 Cato Springs Road. The property is zoned R-2, Medium Density Resdential and contains approximately 4.02 acres. The request is to rezone to C-2, Thoroughfare Commercial. COST TO CITY: $0 Cost of this request Account Number Project Number Category/Project Budget Category/Project Name Funds used to date Remaining balance Program Name Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Ac ti M tger Date ty Attor Date Purchasing Officer Date GRANTING ADA Coordinator Date Internal Auditor Date STAFF RECOMMENDATION: Staff recommended approval and Planning Commission unanimously voted 8-0-0 to recommend and forward the rezoning to the City Council. Cross Reference Date or Date New Item: Yes No VilJ -vices DDtte Prev Ord/Res#: 3 Date Orig Contract Date: - FAYETTE\'ILL� 1 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: April 21, 2000 Attached is a copy of the ordinance approving rezoning request RZ 00-11.00. The original will be microfilmed and filed with the City Clerk. cc: Tony Webb, Planning Ed Connell, Engineering Clyde Randall, Engineering *J " . 1"1Gva�• • STATE OF ARKANSAS • MAYO 1 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 ORDINANCE NO. 4245 continuously in the City of Fayetteville, County of Washington, Arkansas for AN ORDINANCE REZONING a more than period of twelve months, circulated and distributed from an THAT PROPERTY DESCRI- BED IN REZONING PETITION established place of business to subscribers and readers generally of all RZ00-11.00. FOR A PARCEL CONTAINING APPROXIMATE- I classes in the City and County for a definite price for each copy, or a fixed LY 4.02 ACRES, LOCATED AT rice 2300 CATO SPRINGS ROAD, p per annum , which p rice was fixed at what is considered the value of the AS REQUESTED BY RONALD publication, based upon the news value and service value it contains, that at G. WOODRUFF, ON BEHALF OF THE JOYCE M. OGDEN least fifty percent of the subscribers thereto have paid for their subscriptions FAMILY TRUST. to the newspaper or its agents or through recognized news dealers over a BE IT ORDAINED BY THE period of at least six months and that the said newspaper publishes an CT' COUNCIL OF E CITY OF FRaverage of more than forty percent news matter. ARKANSAS: Section 1. That the zone classi- I furt r cert',ify that the legal notice attached in the matter of fiedtipr of the following edescri- bedchanged ,r ,/ _ / g, J , / ET property is hereby l/ 4JCy('____//� `�// &k ET follows: RZ00-11.00 for the real proper- ty described in Exhibit "A" at- was published in the regular daily issue of said newspaper for tached hereto and made a part hereof, consecutive insertions as follows: From R-2, Medium Density L / Residential to C-2, Thorough- The first insertion on the --- 777 day of 20 fare Commercial. Section 2. That the official zon- the second insertion on the ing map of the City of Fayette- day of 20 ville. Arkansas, is hereby amended to reflect the zoning the third insertion on the change provided in Section 1 above.day of 20 PASSED AND APPROVED this the fourth insertion on the ay of 2 18th day of April, 2000. APPROVED By: Fred Hanna, Mayor ATTEST: By; Heather Woodruff, City Clerk EXHIBIT "A" Legal Description for RZ00- 11.00 A part of the NW1/4 of the NE1/4 of Section 29, Township 16 North, Range 30 West of the Fifth Principal Meridian, being more particularly described as follows: commence at the southwest corner of the NW1/4 of the NE1/4 of said Section 29; thence S86°3738" E 703.93 feet to the point of beginning and run thence N 2°3515" E 563.56 feat; thence S 87°23'09" E 310.00 feet; thence S 2°35'15" W. 567.66 feet; thence N 86°37'38" W 310.03 feet to the point of beginning and con- taining 4.02 acres, more or less, Washington County, AN kansas, Sworn to and subscribed My Commission Expires: 5`,1 1 ta0100 aK�...- KKK Al Fees for Printing.......................................................$_J( J V " (flfylf3Ker/General Manager me on this a (O day of Snny Notary Public .,�nCOC° t,.�ni105',C Costof Proof.............................................................$ Total..........................................................................$