HomeMy WebLinkAboutOrdinance 4344 Ol NOU 20 Pn 3 37
ORDINANCE NO, 4344 WASH i� o , i , J
B. STAMPS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 0146.00 FOR A PARCEL
CONTAINING APPROXIMATELY 0. 70 ACRES FOR PROPERTY
LOCATED AT THE SW CORNER OF MILLENNIUM DRIVE AND
CROSSOVER (HWY 265) , FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY RONNIE BALL ON BEHALF OF WILLIAM LAZENBY
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- 1, Neighborhood Commercial to C-2, Thoroughfare Commercial 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.
P SSED AND APPROVED this 6`h day of November, 2001 .
d APPROVED:
U 'I
i
By:
DAN COODY, May r
ATTEST:
By:
Heather Woodruff, City Cle c
2001149122
ORDINANCE 4344 E
EXHIBIT "A"
RZN 0146.00 ORMNAL
Lot 11 Millennium Place.
2001149123
NAME OF FILE: Ordinance No. 4344
CROSS REFERENCE:
11/06/01 Ordinance No. 4344
Exhibit "A" (legal description for RZN 01 - 16.00)(Lot 11 Millennium
Place)
09/24/01 Planning Division Correspondence to Fay. Planning Commission, from
Dawn Warrick, Planner, thru Tim Conklin, City Planner
09/24/01 Planning Commission Minutes (Pgs. 18-21 )
10/05/01 Planning Division Correspondence to Mayor Coody & Fay. City
Council, from Tim Conklin, City Planner, thru Hugh Eames, Urban Dev.
Director
10/02/01 Bill of Assurance from William A. Lazenby
10/16/01 Staff Review Form
11 /09/01 Memo to Tim Conklin, Planning Director, from Heather Woodruff, City
Clerk
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN O146.00 FOR A PARCEL
CONTAINING APPROXIMATELY 0.70 ACRES FOR PROPERTY
LOCATED AT THE SW CORNER OF MILLENNIUM DRIVE AND
CROSSOVER (HWY 265) , FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY RONNIE BALL ON BEHALF OF WILLIAM LAZENBY,
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- 1 , Neighborhood Commercial to C-2, Thoroughfare Commercial 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 , 2001 .
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
FAYETTEVILLEPi
a
THE CITY OF FAYETTEVI LLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: September 24, 2001
RZN 01 -16.00: Rezoning (Lot 11 Millennium Place, pp 177) was submitted by Ronnie Ball on
behalfof William Lazenby for property located southwest comerof Millennium Drive and Hwy 265 .
The property is zone C- 1 , Neighborhood Commercial and contains approximately 0.70 acres. The
request is to rezone to C-2, Thoroughfare Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning with the bill of assurance as offered by
the applicant based on the findings included as part of this report.
Note: A siteplan far this project will be reviewed for compliance with City regulations at the time
of building permit application. The site plan submitted as apart of this rezoning application has
been reviewed for concept only. Commercial Design Standards for this commercial subdivision
(Millennium Place) have been established through several large scale developments and adopted
covenants. Compatibility with these design standards far this project is required
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: September 24, 2001
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: October 16, 2001 (1 " reading)
H:1 USERSICOWOMDAWN71REPOR7SIPC19.24-0111=enby_millennium,wpd
Planning Commission
September 14, 2001
RZN01-16Lot 11 Millennim
Page 1. 1
Comments:
BACKGROUND:
The Millennium Place commercial (C- 1 and R-O) subdivision was recently completed and is
beginning to build out. The subject property is lot 11 of this subdivision and is located at the
southeast comer of Millennium Drive and Hwy 265 . Surrounding lots within the subdivision are
vacant at this time, as is commercially zoned (C- 1 ) property across Hwy 265 to the east. South of
the site is a White Oak Station, gas station/convenience store and a carwash.
The applicant is requesting a rezoning for this tract to C-2, Thoroughfare Commercial with a bill of
assurance to allow only a liquor store in this location. Should the site not develop as a liquor store
or should it redevelop in the future, only uses permitted in the C- 1 zoning district would be permitted
with the proposed bill of assurance.
The same request was made earlier this year and withdrawn prior to Planning Commission
consideration. The same prospective tenant is now bringing this request forward with a new
property owner.
SURROUNDING LAND USE AND ZONING
North: Vacant, C-1
South : Gas Station, C- 1
East: Vacant, C-1
West: Vacant, C- 1
INFRASTRUCTURE:
Streets : This site is located at the southeast comer of Millennium Drive and Hwy 265 .
Millennium is a new street constructed to serve the commercial subdivision
Millennium Place. It connects Hwy 265 and Joyce Blvd. Hwy 265 is classified as
a principal arterial on the Master Street Plan and is constructed with two lanes and
a center tum lane at the Joyce Blvd. intersection in this area.
Water & Sewer: Water and sewer were both extended to serve this lot as apart of the
construction of the Millennium Place subdivision.
X:1 USERSICOAdNONIDAiVN11REPOR7SIPC19-14-0111=enby_millenninm.wpd
Planning Commission
September 24, 1001
RZN 01-16 Lot 1I Millennim
Page 2.2
LAND USE PLAN: General Plan 2020 designates this site Community Commercial. Rezoning this
property to C-2, Thoroughfare Commercial, with the bill of assurance offered by the applicant, 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 zoning is consistent with land use planning objectives, principles,
and policies and with land use and zoning plans. This area serves as a
commercial node and is an appropriate location for a mix of commercial uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is needed in order for the applicant to build the proposed
project. Whilethere is a significant amount of undeveloped C-2 property within
the city, there is not any C-2 property north of Mission Blvd. or east of Old
Missouri Road in the northeastern part of the city.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger and
congestion. The applicant' s preliminary site plan indicates that access will be
from Millennium Drive with a cross-access connection to the gas station located
immediately south of the subject property. No curb cut will be permitted on
Hwy 265 in this location.
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 will 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;
HAUS£RSICOARNOMDAHW7W,POR7SPC19-24-0111 enby_millenniumwpd
Planning Commission
September 24, 2001
RZN 01-16 Lot 71 Millennim
Page 2. 3
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
H.IUSERSICOMMON1DAiVN71REPOR781PC19-24-0111=enby_miRennium.wpd
Planning Commission
September 14, 2001
RZN01-16Lot 11 Millennim
Page 2.4
• •
§161. 14 DISTRICT C-2 THOROUGH- Unit 2 City-Wide Uses by
FARE COMMERCIAL, Conditional Use 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 Unit 21 Warehousing and Wholesale
highway travelers. Unit 28 Center for Collecting
B. Uses. Recyclable Materials
Unit 32 Sexually Oriented Business
1 . Permitted Uses.
Unit 1 City-Wide Uses by Right C. Bulk and Area Regulations.
Setback lines shall meet the following
Unit 4 Cultural and Recreational minimum requirements :
Facilities From Street ROW 50 ft.
Unit 12 Offices, Studios and Related From Side Property None
Services
Line
Unit 13 Eating Places
From Side Property 15 ft.
Unit 14 Hotel, Motel and Amusement Line When Contiguous
Facilities to a Residential District
Unit 15 Neighborhood Shopping From Back Property 20 ft.
Goods Line
Unit 16 Shopping Goods D. Building Area. On any lot the
Unit 17 Trades and Services area occupied by all buildings shall not exceed
60% of the total area of such lot.
Unit 18 Gasoline Service Stations and
Drive-In Restaurants E. Height Regulations. In District C-
Unit 19 Commercial Recreation 2 any building which exceeds the height of 20
feet shall be set back from any boundary line
Unit 20 Commercial Recreation, Large of any residential district a distance of one
Sites foot for each foot of height in excess of 20
feet. No building shall exceed six stories or
Unit 24 Outdoor Advertising 75 feet in height.
Unit 33 Adult Live Entertainment Club (Code 1991 , § 160.036; Code 1965, App. A,
or Bar Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No.
1833 , 11 - 1 -71 ; Ord. No. 2351 , 6-2-177; Ord.
2. Uses Permissible on No. 2603, 2- 19-80; Ord. No. 4034, §§354, 4-
15-97)
Appeal to the Planning Commission.
H.�I USERSICOMMOMDAWNNWPOR7SIPCI9-24-0111menby nillennimn.wpd
Planning Commission
September 24, 2001
RZN 01-16 Lot II Millennim
Page 2. 5
Dear Fayetteville City Planners,
I would like to request the best way to allow Midway Liquor to locate on Lot 11
Millennium be as follows:
It will be beneficial for all property owners in the area, if we could rezone to C-2,
with a bill assurance that would only allow a liquor store and all other future uses to
Revert to what ever is allowed in a C-1 zoning. We feel the Midway Liquor Store will
fit in nicely with the White Oak, carwash and Perfect Partners Retail Store.
Thank you for the consideration.
Sincerely,
�/xs,��
William A. Lazenby
Planning Commission
September 24, 2001
RZN O1-16 Lot 11 Millennim
Page 2. 6
RtN01-16A MILLENNIUM PLACE LOT 11
Future Landuse
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . gat . . . . . . . . . . . . . . . .
OS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.. .. ._ .. . ORce . .. _. .. .. .. '. . c �r � �
.. ._ . �- ... . .. � .. � .. ._ MILL[nNNM tm --. __ .. � � � •.� : : . : � ' af R: : : : : : :' : � t : : : : [ : : : : : : : : : : : : : : : 1 : :
t ` 'Community Commercial
1
Community Commercial
''•� i : : . i ; . Future Landuse
:. : : i : : : ' ' : : : : : : " : : : : : : - . . . . . : : ' : � i � � it : : : . . . . . . . . � Perka
. . . . . . . . . . ,
... ... ... ... ... ... ... _.. .. ... ... ... ... .. .. .. .. .. .. .. .. .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : .. .. .. .. .. .. .. : . . . . . . ._. . . . . . . . . . . . . . . .: .: .: :. .: .: .: .: :. : :
: _ er eLV
ri b
pe
n space
Residential. : : : Residential :
. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. _. .. .. . . . . .. .. .. :. :. .. .: .. .. .. LCM' Od Use
. . . . . . . . . . . . . . . . . . . . . . . . .
S.
.. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. . . .. O1lxe
.. .. . . .. .. .. .. .. .. .. .. .. .. .: .. . . :. .. :. :. :. .. . . . . : : o Historic Commercial
. . . . . . . . . . . . . . .
.. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. ..
S. .. .. : : : : : : Community Commercial
.. . . .. .. .. . . .. .. .. ..
- OH1ce, - . . >. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . .. . . .. .. .. rhootl Commercial
Regional Commercial
pp�� In
dustnal
. . . _ _ .XXJI
ci . . .. .. .. . . . . .. .. .. .. .. . . .. . . .. .. .. iiy. University
;'Private Open Space�,;.^+•ti�: : : : : : : . . . . . . . . . . . . . . : : : . . .. .. .. .. .. .. .. .. .. . . .. . . .. _
. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . I . . . .
Overview Legend
a Subject Property Streets Boundary
l,,q� RZN01-16.00 Existing 0"y, Planning Area
J � Planned acct$
_ 'oacec$ Overlay District
L _ _I Citylimits
�3 Planning Commission
September 24, 1001
0 w ion 200 300 aao
Feet RZ O1-16 Lot 11 Millennim
Page 2.9
RZN01-16.00 MILLENNIUM PLACE LOT 11
Close Up View
MCE
E3
0 I �
1
I j
1
A-Y ' 1
k-1 1
1 ;
1
1
1
1
Q 1 ,
SubjectProperty
r
X .
— — I
FIILLENNIUR UR
... .- I'_. .._._ . i
1 Al
Io C-1iz
jz
l RA
AY
'�^vus v•
f
Overview Legend
Subject Property Boundary Master Street Plan
® RZN .,01-16.00 a-NPlanning Area Freeway/Expressway
C o:cco A �
Ify ' oo=c Overlay District Y Principal Arterial
Streets
�4
City Limits ef Minor Arterial
.• ^, ° .� '_�._, Existing L _ _
fur lr yt(/j Collector
4 [ �� anneoutside City
Ple eeeee Histonc Collector Planning Commission
��' 0 60 100 Zoo aoo aoo September 24, 2001
Feet RZ 01-16 Lot 11Millennim
RM01-16.00 MILLENNIUM PLACE LOT 11
One Mile View
► a
IQ 2! ~ a�..Jrti(✓-►-map- ►
i 1
.-.
1
..i
R-2
- '
1 :
ft -I
,R-2
r-
''
1 ..
,.
.
i
1
R-0'
r R0
g
Er
vrc e,r.r.r
R1
RIO
1
...
R0: R1
RO 0
ft -2 t
- A.1 i
'1 --^-32/(r-
A.
% 'R
J i�
yy
4 �} �Jr
IT
ELAINE F1
-
AVE_EWNG AVE.
•• /'''
µ;.:
: A FY--'
_, r
. ;
..-: I
r r r r .... ;
-
— ."r � ,. •�� r '."'_
ILII1lLi
1
•..'R 1 •.
. • Y t'SLJTw-1Q
- RA A f
R -f
.:i
11 ---. 41
r
-..r r
R_i+
-.,I
R --.i1
• LL
► ► ►
,[W�k,R'� �W;1,lA)`!i4IFli!}.lj..k +"Ihi'
1 R-1
�. r'P',Itnc T1J
R.f r WJ \
VRr
R1 'q.f jz.!!
nr A-1
Overview Legend
Subject ry
i party Bounda Master Street Plan
- -- . 'j911T1T1 rznoi-16.06 '"\, Planning Area O�'Freeway/Expressway
c `o Overlay y District Syr Principal Arterial
Stn3@t5 000coc
r _ Arterial- Ys t''•� \_. Existing l City Limits Minor A
• r� Outside City S i Collector
L .. Plannetl eee
-'- - _.; •� Historic Collector
0 0.125 0.25 0.5 0.75 1
Mi
Planning Commission
September 24, 2001
01-16 Lot 11 Millennim
Page 2.11
Planning Commission
September 24, 2001
Page 18
RZN 01-16.00: Rezoning (Lot 11 Millennium Place, pp 177) was submitted by Ronnie Ball on behalf
of William Lazenby for property located at the southwest comer of Millennium Drive and Crossover (Hwy
265). The property is zoned C-1, Neighborhood Commercial and contains approximately 0.70 acres.
The request is to rezone to C-2, Thoroughfare Commercial.
Hoffman: Our second item of new business is a rezoning request. We have Rezoning 01-16.00
which was submitted by Ronnie Ball on behalf of Bill Lazenby for property located at the
southwest comer of Millennium Drive and crossover which is Hwy. 265. The property is
zoned C-1, Neighborhood Commercial and contains approximately .70 acres. This
request is to rezone to C-2, Thoroughfare Commercial. Tim, do you want to give us any
information?
Conklin: The applicant has offered a bill ofassurance for this piece of property limiting the uses to
those uses allowed in C- 1 zoning district and to allow for a liquor store. The purpose of
the rezoning is to rezone to C-2 in order to establish a liquor store at this location. That
is the reason for the rezoning. C -I zoning does not allow for the liquor store use. That is
why the applicant has applied for the rezoning this evening.
Hoffman: We have that letter of assurance in our packet I believe?
Conklin: Yes, the City Attorney and staffand the applicant are going to need to get together prior
to this being submitted for City Council approval if you do recommend approval to clarify
some ofthat language in the bill ofassurance but the offer is to limit it just to the liquor
store.
Hoffman: Let me at this time remind the Commission and the applicant that a rezoning request
requires to be forwarded to City Council, it requires five positive votes. We have six
members present tonight so I say that only to let you take the chance if you are uncertain
about the number of Commissioners absent, you can delay your request or we can
continue with it tonight. Would you like to continue? Yes. Ok, we'll go on then. Does
the applicant have a presentation? Would you like to come forward and we can have a
presentation or we can just have you answer questions whichever you prefer.
Lazenby: I'm William Lazenby, Bill Lazenby, you have a copy of this in your pack?
Hoffman: I think we got that at agenda.
Lazenby: I think it has all be said. Ijust proposed to build a building there to be leased to a liquor
store and to answer any questions anybody might have on it.
0 •
Planning Commission
September 24, 2001
Page 19
Hoffman: Ok, thank you very much.
Conklin: Ijust want to make sure that the Commission is aware and the public that your elevations
and site plan that you have submitted have not been reviewed for compliance with our
ordinances. There will be changes that will need to have to be made to that site planmost
likely with regard to elevations, possibly some changes there. Tonight the Commission is
asked to decide whether or not to recommend the change of zoning to the C-2 with a bill
of assurance.
Hoffman: This rezoning request will be the only time that the Planning Commission will hear anything
on this project, the size of the lot would then indicate that it does not come back through
large scale development and all ofthat would be handled at staff level. Is there any public
comment? Would anybody care to address us on this matter? Ok, seeing none, I'll bring
it back to the Commission for questions for the applicant.
Bunch: On page 2.7 on the bill of assurance, previously when we had looked at this item and it
was removed from the agenda. The language had been such that if for some reason a
liquor store would not longer be at this location for whatever reason, then the rezoning
would revert to C-1 from the C-2. I do not see that language in this bill of assurance.
Conklin: Let me try to answer that and I think I will let Kit follow up on what I'm about to say.
Jerry Rose has always indicated to the Planning Division that ordinances can not revert
automatically. Once it is rezoned the only way to change the zoning back to C-1 is to
actually have the City Council pass an ordinance. I'm not sure what Mr. Williams' opinion
of ordinances that actually change back if that could happen or not, but typically those are
the types of bills of assurances that we've had. That is the legal interpretation I've had
from Jerry Rose, our previous City Attorney.
Williams: I think I would agree with Mr. Rose's interpretation on that. Obviously, the City Council
can change ordinances. I don't think you can make an ordinance automatically change
itself in the future because of what someone not on the City Council would do. There
could be something in this bill of assurance that the petitioner would agree to request a
rezoning back to C-1 so that it would kind of be a reversion if the liquor store was not
there.
Marr: Tim, just a question for me without digging through this. What other use by right or
permitted uses are allowed in a C-2 that are not allowed in a C -I? Does an adult live
entertainment club or bar in a C -I? Outdoor advertising, which ofthese items would not
be in a typical C-1?
Planning Commission
September 24, 2001
Page 20
Conklin: Probably the most typical ones are the new and used car sales, an upcoming agenda item,
they're asking for a C-2 for hotel/motel type uses. Those are the type ofuses that are not
allowed in a C-1. Dance halls are allowed as a conditional use in a C-2. They could apply
for a conditional use for that type of use.
Marr: Why would we choose to rezone this C-2 verses some type of conditional use within a C-
I for this particular use?
Conklin: We don't have a conditional use procedure to allow liquor stores in C-1 zoning districts.
Marr: So this is the only way that can happen?
Conklin: That's the only way that can happen. For staff, when we were approached about this, a
liquor store probably does serve residential areas. It probably does fit in with a
neighborhood commercial use area. There is a liquor store on the comer of Hwy. 45 and
Hwy. 265, that happens to be zoned C-2, that comer where Harps is located. The
opposite corner where the Wal-Mart Neighborhood Market is is zoned C-1. For
example, you would not be able to have a liquor store on that comer but you can have one
across the street. I think it does provide a neighborhood retail type use that serves the
residents of nearby areas. That is why staff is recommending this with a bill ofassurance.
Marr: I guess my comments, I certainly support this use and this development here. I would I
guess recommend that maybe we make a recommendation or bring forth a change that
would look at putting that use possibly within a C-1. I don't like the idea, even though I'll
vote for it because it is the only way we can deal with it today, for instance, some of these
other options that are in a C-2 that I don't necessarily think are appropriate.
Hoffman: Thank you, Commissioners, anybody else? Questions for the applicant? I will entertain
some motions. Is there any member of the public wanting to address us on this?
MOTION:
Marr: I will move for approval of RZN 01-16.00 based on the staff recommendation with a bill
of assurance that is offered by the applicant.
Bunch: I'll second.
Hoffman: I have a motion by Commissioner Man and a second by Commissioner Bunch that would
approve this rezoning to be forwarded to City Council subject to all ofthe staffcomments
Planning Commission
September 24, 2001
Page 21
and the bill of assurance. Anymore comments?
Bunch: I will concur with Commissioner Marr and also give information to our planning staff. I
believe that this is one item that serves neighborhoods and that we should have it on a
conditional use for C-1. I would support having that changed and forwarding it to the City
Council, have it prepared and brought to us and then forward us to the City Council for
their consideration.
Hoffman: I concur, I think it is a great idea, we've brought up spot zoning before which is not
popular herein Fayetteville. You know, conditional uses or some other method like that
would preclude the less desirable uses I think would be a great idea.
Man: Didn't we actually look at, we revisited uses by right in zoning districts last year I think
even, we made some changes to various zonings. I think it is just one we didn't catch. It
is certainly one that would have fallen in the same category as something like dry-cleaning
and some of the other things that we made changes to.
Hoffman: Call the roll please.
ROLL CALL: Upon the calling of roll RZN 01-16.00 was approved 6-0-0.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, City Planner
THRU:Hugh Earnest, Urban Development Director /t
DATE: October 5, 2001
BACKGROUND
RZN 01-16.00: Rezoning was submitted by Ronnie Ball on behalf of William Lazenby for property located
at the southwest corner of Millennium Drive and Hwy 265. The property is zoned C-1, Neighborhood
Commercial and contains approximately 0.70 acres. The request is to rezone to C-2, Thoroughfare
Commercial.
The Millennium Place commercial (C -I and R -O) subdivision was recently completed and is beginning to
build out. The subject property is lot II of this subdivision and is located at the southeast comer of
Millennium Drive and Hwy 265. Surrounding lots within the subdivision are vacant at this time, as is
commercially zoned (C-1) property across Hwy 265 to the east. South of the site is a White Oak Station,
gas station/convenience store and a carwash.
The applicant is requesting a rezoning for this tract to C-2, Thoroughfare Commercial with a bill of
assurance to allow only a liquor store in this location. Should the site not develop as a liquor store or
should it redevelop in the future, only uses permitted in the C-1 zoning district would be permitted with the
proposed bill of assurance.
The same request was made earlier this year and withdrawn prior to Planning Commission consideration.
The same prospective tenant is now bringing this request forward with a new property owner.
CURRENT STATUS
Staff recommended approval and the Planning Commission voted 6-0-0 to recommend the City Council
approve the requested rezoning.
RECOMMENDATION
Approval of the requested rezoning based on the findings included as part of the staff report.
H. I USERSICObfAMO119DA IVN71 REPORTSI PCI9-24-0l lln_enby_millennium Cliv Council opd
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the osyner, developer or buyer of this property, (hereinafter "Petitioner")
t.4 en 2. / AZ .vb ✓ , hereby voluntarily offers this
Bill of Assurance and enters into this binding agreement and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioner or Petitioner's
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and
Petitioner's property shall be restricted as follows IF Petitioner's rezoning is
approved by the Fayetteville City Council.
1. The use of Petitioner's property shall be limited to o-i
2. Other restrictions including number and type of structures upon the
property are limited to
3. Specific activities will not be allowed upon petitioner's property
include
4. (Any other terms or conditions)
5. Petitioner specifically agrees that all such restrictions and terms shall
run with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council. This Bill of Assurance
shall be filed for record in the Washington County Circuit Clerk's Office after
Petitioner's rezoning is effective and shall be noted on any Final Plat or Large
Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and
conditions stated above, I, (/ r L'L , as the
owner, developer or buyer (Petitioner) voluntarily offer all suc ssurances and
sign my name below. f /
—2-0/
Date Printed Name
/as,' //
Address /
fc
NOTARY OA t n
STATE OF ARKANSAS
COUNTY OF WASHINGTON
And now on this the aw1day of (Cd , 200 1 , appeared
before me,
after being placed upon his/her oath swore or affirmed that he/she
the terms of the above Bill of Assurance and sigyted hiaj-hec name at
_
NOTARY PUBLIC ?- ,•J5b
My Co
mmission
ission xpires: i=^11,. r \:-.
• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of October 16, 2001.
FROM
RECEIVED
OCT 04 2001
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUIRED:To approve an ordinance for RZN 01-16.00 as submitted by Ronnie Ball
on behalf of William Lazenby for property located at the southwest corner of
Millennium Drive and Crossover (Hwy 265). The property is zoned C-1, Neighborhood
Commercial and contains approximately 0.70 acres. The request is to rezone to C-2,
Thoroughfare Commercial.
COST TO CITY:
Cost of this Request
Category/Project Budget Category/Project Name
Account Number Funds Used To Date Program Name
Project Number Remaining Balance Fund
BUDGET REVIEW: Budgeted Item _ Budget Adjustment Attached
Budget Manager
CONTRACT/GRANT/LEASE REVIEW:
Acco( unt}ng M ger
City Attorn y
Purchasing Officer
Administrative Services Director
GRANTING AGENCY:
Date Internal Auditor
INO Z /D(
Date
Date
ADA Coordinator
Date
Date
STAFF RECOMMENDATION: Staff recommended approval and the Planning
Commission unanimously voted 6-0-0 to recommend approval with a Bill of
Assurance as offered by the applicant and to forward the rezoning to the
City Council.
O --v/
Date
Date
I
D to
Date
Cross Reference
New Item: Yes
Prev Ord/Res if:
Orig Contract Date
Orig Contract Number:
FAYETTEV&LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: November 9, 2001
Attached is a copy of Ordinance No. 4344 approving rezoning RZN 01-16.00. The original will
be microfilmed and filed with the City Clerk.
cc: Scott Caldwell, Information Technology
John Goddard, Information Technology
Ed Connell, Engineering