HomeMy WebLinkAboutOrdinance 4272 FILED FOR RECORD
' 00 OCT 13 PM 3 08
WASHINGTON CO AR
HARNESS
ORDINANCE NO. 4272
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZOO-21 FOR A PARCEL
CONTAINING APPROXIMATELY 11 .50 ACRES LOCATED AT
THE SOUTHEAST CORNER OF HIGHWAY 16 AND HAPPY
HOLLOW ROAD, AS REQUESTED BY READ HUDSON ON
BEHALF OF TYSON FOODS, INC.
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 C-2, Thoroughfare Commercial and C-1 , Neighborhood Commercial
to I-2, General Industrial 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 19th day of September , 2000.
APPROVED-
By: r
f Fred Hanna, Mayor
By:
Heather Woodruff, Citylfferk
2000086 ! 31
,
• ord 4272
EXHIBIT A �
EXHIBIT A
City of Fayetteville, RZOO-21
A part of the Northeast Quarter (NEI/4) of the Northwest quarter (NW'/e) of Section
Twenty Three (23), Township Sixteen (16) North, Range Thirty (30) West of the 5'"
P.M., Washington County, Arkansas, more particularly described as follow, To-Wit:
Beginning at a point on the East right-of-way of Highway 16 Bypass, which is 10.00
feet East and N00°25'00"E 200.00 feet from the Southwest corner of said 40 acre
tract, thence N00'25'00"E along said right-of-way 738.0 feet to the South right-of-
way of Huntsville Street, thence with said right-of-way N69°30'00"E 114.0 feet,
S67054'59"E 87.83 feet, S70°00'00"E 233.00 feet, S75031 '47"E 244.56 feet to the
West right-of-way of Ray Street, thence with said West right-of-way SOI °42'54"W
294.69 feet, SOl °00' 10"E 330.27 feet, thence leaving said right-of-way West 150.0
feet, thence South 179.30 feet to the South line of said 40 acre tract, thence West
257.70 feet, thence N00°25'00"E 200 feet, thence West 240.0 feet to the point of
beginning. Containing 11 .49 acres, more or less.
M
X
2000086732
I. KafMsen Haln Clmult Clerk and Ex-ofgcio
Recorder for Washington County, Arkansas, do hereby
certUy that this instrument was filstl for re00rd In my
office as Indicated hereon and the same le now duty
recorded with the acknowledgement and cardficato
thereon In Record gook and Page as Indicat#d theredn
IN WITNESS WHEREOF I have hereunto so
hind and affbW tha seat of said Court an
L.:'sd hereon. the dat1l
nrC.� "� Vsx
co, 44 f kn n 4PV Exgfrdp Reca der
NAME OF FILE: O/Gir/ 1(,12
CROSS REFERENCE:
Date Contents of File Initials
9,747 `' s.
' -�Jr - � � � //C�UJ • �ceo
A/
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ00-21 FOR A PARCEL
CONTAINING APPROXIMATELY 11 .50 ACRES LOCATED
AT THE SOUTHEAST CORNER OF HIGHWAY 16 AND HAPPY
HOLLOW ROAD AS REQUESTED BY READ HUDSON ON BEHALF OF
TYSON.
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 C-2, Thoroughfare Commercial and C- 1 , Neighborhood Commercial to I-2,
General Industrial 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 day of , 2000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
City of Fayetteville, RZOO-21
A part of the Northeast Quarter (NEI/4) of the Northwest quarter (NW'/<) of Section Twenty
Three (23), Township Sixteen ( 16) North, Range Thirty (30) West of the 51h p.M., Washington
County, Arkansas, more particularly described as follow, To-Wit:
Beginning at a point on the East right-of-way of Highway 16 Bypass, which is 10.00 feet East
and N00°25'00"E 200.00 feet from the Southwest corner of said 40 acre tract, thence
N00°25'00"E along said right-of-way 738.0 feet to the South right-of-way of Huntsville Street,
thence with said right-of-way N69°30'00"E 114.0 feet, S67054'59"E 87.83 feet, S70000'00"E
233 .00 feet, S75031 '47"E 244.56 feet to the West right-of-way of Ray Street, thence with said
West right-of-way SOI °42'54"W 294.69 feet, SOI °00' 10"E 330.27 feet, thence leaving said right-
of-way West 150.0 feet, thence South 179.30 feet to the South line of said 40 acre tract, thence
West 257.70 feet, thence N00°25'00"E 200 feet, thence West 240.0 feet to the point of beginning.
Containing 11 .49 acres, more or less.
Planning Commission
August 28, 2000
Page 5
RZ 00-21 .00: Rezoning (Tyson, pp 565) was submitted by Read Hudson on behalf of Tyson
for property located at the southeast corner of Hwy 16 and Happy Hollow Road. The property is
'71tZ,Ut
zoned C-2, Thoroughfare Commercial and contains approximately 11 .50 acres. The request is to
rezone to I-2, General Industrial.
Odom: Item number three on tonight's agenda is a rezoning request RZ 00-21 .00
submitted by Read Hudson on behalf of Tyson for property located at the
southeast comer of Hwy 16 and Happy Hollow Road. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 11 .50 acres. The request
is to rezone to I-2, General Industrial. Staff's recommendation is for approval of
the request for rezoning based upon the findings as included as a part of this
report. Staff do we have anything that you want to talk about with regard to
background of this?
Conklin: With regard to this rezoning, this is a Mexican Original Tyson facility located at
Happy Hollow and Huntsville Road. I did hand out a memo from the City of
Fayetteville which was a memo to the file regarding how this Mexican Original
operation was classified. Back in 1980 they classified it under Use Unit 15 which
was a Bakery. They had a similar request with regard to Shipley' s Bakery down
on Dickson Street and actually had an appeal to the Planning Commission on an
interpretation issue in 1976. They classified that under Use Unit 13 . Today we
have a facility that has requested a building permit through the Planning Division
office. Tyson was aware that any expansion of this facility under C-2, would be
non-conforming and that rezoning would need to be applied for. They have
applied for the rezoning. It's classified under Use Unit 23 which is Heavy
Industrial, Food and Allied Products. I just want to give you a little history on
why we are rezoning this today. It's to make sure that we do have a Food and
Allied Manufacturing use in the right Zoning District and Use Unit. The City has
issued building permits over the years. The City Council actually passed an
ordinance issuing act nine revenue industrial bonds on this facility. The City
Planning Commission through Large Scale Developments, building permits and
City Council action the City was aware what Mexican Original was doing at this
location. Today I do believe that they do need to be under Use Unit 23.
Odom: Thank you staff. I would ask Mr. Hudson to please come forward at this time.
Hudson: My name is Read Hudson and I'm with Tyson Foods. I have with me today
Darrell Proud. He is the Plant Manager of the facility we have been talking about.
I think our application pretty well speaks for itself. We are here to answer any
questions you may have with respect to the facility. What we do. What we are
planning on doing and so forth.
Planning Commission
August 28, 2000
Page 6
Odom: Go ahead Commissioner Ward
Ward: This is more for Tim. Have we had any complaints about noise or smell and that
kind of stuff from this particular facility?
Conklin: I haven't directly received any complaints with regard to noise or odor. Going
through the files for the last twenty-five years, I am aware of a complaint with
regard to odor and a complaint about noise. Just two. That's all I could find.
Ward: Okay. Thank you.
Hoffman: I have a question for Tim. Did we get a report from Mickey Jackson about the
setback on the proposed flour silos?
Conklin: With regard to Mickey Jackson, he is at a conference. I was not able to get with
him. I did speak with Dennis Ledbetter, the Fire Marshal for the City of
Fayetteville. He gave me a copy of the State Fire Code which I have delivered to
Tyson Foods with regard to minimum State standards, controlling dust in a
facility that's working with flour. I believe Tyson has worked with Mickey
Jackson in the past and they may have more information with regard to that
facility.
Hoffman: My main concern, just to relay to you the applicant, is that you have enough
setback from the silos to any residential property. I 'm not sure what it is but that
you would have enough room. On fifteen acres surely that would not be an issue.
Hudson: Right now we have four silos located on the west end of the property. The new
silos that are going to go up to accommodate the tenant that's going to lease part
of our property are basically going to go right next to those. I know that doesn't
really answer your question.
Hof&nan: But you are aware of the fire code and will follow it?
Hudson: Yes. Without a doubt. I knew you would raise the issue and I brought it up with
Darrell and he informed me that they have worked extensively with Mickey on a
variety of things. It's a partnering type thing that they worked together on hazmat
training. I think we have a good enough relationship and a pretty good idea as to
what we are supposed to be doing.
Hoffman: Thank you very much.
Planning Commission
August 28, 2000
Page 7
Bunch: Question for staff. Are the complaints that were filed previously there was one
for noise and one for odor. When were those filed and what action, if any, was
taken?
Conklin: Let me try to find that information. With regard to the noise, I just heard about
that, talking with Tyson, that they have received one on noise. With regard to
odor it was fifteen to twenty years ago. I don't have an exact page marked on
that. It was back during the time they were discussing the large scale
development. I believe it was probably around early 1980's, 1982 or 1983 .
PUBLIC COMMENT
Odom: I sort of jumped off my normal track. Let me ask if there is any member of the
audience that could address us on this issue?
Erf: Hi. My name is Jeff Erf, 2711 Woodcliff Road. Some questions. I seem to recall
a newspaper article about the odors emanating from this plant a few years ago. I
know I regularly drop my child off and pick him up at Happy Hollow School. I
often smell something I describe as tortillas or something corn, some sort of corn
flour. I don't know if there are any residents from that area here tonight but as I
recall the article included some interviews with some of those people and they
were quite upset about the odor situation out there. I haven't smelled any this
year, since Happy Hollow started but I don't know if they have done something to
mitigate the odor problem. I don't know if they want to admit there is an odor
problem. As far as making complaints about odor and noise, is it normal
procedure to go through the Planning office or is it possible they could have
complained to the Mayor's office and Tim you wouldn't know about it?
Conklin: With regard to noise, typically that goes to the Police Department.
Erf: Okay. So what about odor?
Conklin: It vanes. Sometimes people choose to call the Mayor, City Attorney, City
Prosecutor...
Erf. It is entirely possible that people have complained about it other than previously,
you just don't have anything on record in your office?
Conklin: Yes. When they asked if I had any complaints to my office, I answered that I only
found one in writing back in 1983.
Planning Commission
August 28, 2000
Page 8
Erf. Okay. My concern here is that we have a situation that could be Bakery Feeds all
over again. I have looked at the Tyson close-up here on the back of the packet
you received and I see R- 1 and C- 1 , C-2 surrounding this and what will eventually
become, if you approve it and City Council approves it, I-2. It' s going to be an
island out there. You have to understand a lot of that residential development is
down wind from that site. I don't live in that area but I drive through that area
and I can smell Hanna's Potpourri from there and I can sometimes smell Mexican
Original. I just caution you to go slow on this and get all the facts. One thing that
I am curious about I-2 designation, what would be some examples of things that
potentially could go in there. Could they put in another, for example, Bakery
Feeds?
Conklin: That would be an odor emitting business that would require a Conditional Use.
Erf: So, it's been concluded then that was an odor emitting business. Could you put in
a Hanna's Potpourri there?
Odom: Jeff, what I recommend...
ErF I am just trying to understand what I-2 designation is.
Odom: Let's not make this personal. It's already been established that if the business is
an odor emitting business, it has to come in under a Conditional Use. There are
some other things that can come in by right and Tim, what I would direct you to
do in answering this question is to give him the types of industries that can come
in by right without a Conditional Use under I-2.
Conklin: I can tell you as Planning Director for the City of Fayetteville on an Industrial
Use, I investigate, go out, do site visits, try to get a good understanding to figure
out where they fall under our zoning ordinance. If it's a facility that is not
producing an odor and it's heavy industrial, manufacturing, warehousing, those
type of uses are use by right in I-2. I can tell you it's on a case-by-case basis. I
interview people. I call other cities. I try to define exactly what's happening.
With regard to the additional four silos on this site, I did contact Tyson. I did ask
if they needed an Air Permit. The response was "No." They responded that it
didn't produce an odor. They are storing flour in four silos. With regard to what
happened over the past twenty years, they relied on City building permits, large
scale development approvals and act nine industrial bonds. Which during those
meetings and in those minutes they talked about manufacturing at this facility. I
really don't believe they are changing what they are doing at this site however,
this year and I'm the Planning Director, I believe that it's under Use Unit 23 that
Planning Commission
August 28, 2000
Page 9
requires I-2, it requires Heavy Industrial zoning for this use.
Erf: My concern is that being rezoned to I-2 opens it up for new manufacturing
expansion and by right they are allowed to do certain things that they are not
allowed to do. Again, it's surrounded by C-2 and R- 1 and I'll leave it at that. If I
can address the Chair. I 'm not sure what you meant by making this personal. I
mentioned Bakery Feeds, I mentioned Hanna's Potpourri. I didn't say anyone by
name. I'm not sure what you meant. Could you clarify that?
Odom: You mentioned Hanna's Potpourri by name and asked specifically if Hanna' s
Potpourri is an odor emitting business and that's not really what's before us
tonight. That' s what I meant by getting personal.
Erf: I was looking for examples of types of manufacturing that could go on.
Odom: I thought your question was a good and valid question because you asked what
were the uses permitted but asking to give specific examples of specific types of
industries that you name, I don't think is appropriate. There is a list of the uses
permitted under I-2 and if you would like I could read those. Do you have a copy
of that?
Erf: Yes. I have a copy of that. But I wasn't sure, for example, what it means by
manufacturing. That's kind of open.
Conklin: Jeff, I look at those Use Units and once again, I go out there and I interview the
people, I do tours of the facility. I have to classify them under a Use Unit. I
classify them under Use Unit 23 .
Erf: Tim, I'm not saying you are not doing your job. I 'm just looking at. ..
Conklin: I'm explaining how. You are saying manufacturing. I 'm trying to explain exactly
what I do on a daily basis at the Planning Division. That's the method I use.
Erf: But you understand when I ask specifically of a manufacturing plant that I'm
familiar with Hanna Potpourri, the Chair tells me that I'm being personal, I can't
bring it up. I'm not opposing this. I'm not supporting it. I'm just saying go with
caution. I 'll leave it up to your judgment to decide whether or not this is good for
Fayetteville. Thank you.
Odom: Would any other member of the audience like to address us?
w w
Planning Commission
August 28, 2000
Page 10
COMMISSION DISCUSSION
Odom: Seeing none, I will close the floor to public discussion and bring it back to the
applicant and Planning Commission.
Hoover: I have a question for staff and I think it's because that I haven't done many of
these I-2's since I have been here. This qualifies under I-2 but then if it emits an
odor it has to have a separate Conditional Use. Is that correct?
Conklin: That's correct. If it is classified as an odor emitting business they all require a
Conditional Use in Use Unit 31 .
Hoover: How is one classified as an odor emitting business?
Conklin: There is a list. I can go over that list of uses that the City Council passed a few
years ago. Let me just find that really quick. Manufacturing uses: chemical and
allied products, food and kindred products, animal fats and oils rendering,
beverages distilling, meat slaughtering and packaging, paper and allied products,
rubber and plastic products, processing and sales: explosives, wholesale and
warehousing: livestock, stockyards, explosive materials, apparel products: leather
tanning, chemical and allied products: any process likely to emit odor or have the
potential for explosion, paper and allied products: building paper and board paper,
petroleum and related industries: bulk station and terminal, rubber and
miscellaneous plastic products: inner tubes and tires. I can read Unit 23 since the
question has come up. Manufacturing uses: fabricated metal products, primary
metal industries, textile mill products, processing and sales: auto salvage, junk
yards, scrap metal, refuse, repair service: tire recapping, wrecking and demolition
services, apparel products: industrial leather belting, clay products, food and allied
products, which is what I am classifying this under, furniture and allied products,
glass products, lumber and wood products: millware, plywood, prefabricated
structure wood, veneer, wooden container, paper and allied products: paperboard
containers, petroleum and related industries: coal yard, lubricating oils and
greases, primary metal industry: foundry, stone products, and housing for
caretakers. Those are the uses under Use Unit 23 .
Hoover: Okay. Tim, now I'm really confused. We are in Use Unit 23 because we are
Heavy Industrial but you are saying that this is an odor emitting business or it is
not?
Conklin: I am classifying this business as a food and allied product. The business that they
are applying for the building permit is for flour silos. I will read you what they