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HomeMy WebLinkAboutOrdinance 4352 ILEu FOR RECORD 902 JHN 19 RM 11 35 ORDINANCENO. 4352 WASHINGiar G ;" rtl B. STAMPS AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 01 . 18.00 FOR A PARCEL CONTAINING APPROXIMATELY 19.39 ACRES FOR PROPERTY LOCATED ON THE SW CORNER OF 15TH STREET AND BEECHWOOD AVENUE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY BILL MCCLARD OF LINDSEY & ASSOCIATES ON BEHALF OF CYNTHIA BEARD AND WILLIAM M. CENTER, III. 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 1- 1 , Heavy Commercial/Light Industrial to R-2, Medium Density Residential 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 4`" day of December, 2001 . APPROVED: rni [ , Vol ►+` o` DAN COODY, Mayor ` , z" By (�Ieather Woodru f, Ciry Cl ' c . j 2002006767 • Ord . 4352 EXHIBIT "A" 1EXH I B I T A RZN 01 . 18,00 THE EAST HALF OF THE NEI /4 OF THE SW 1 /4, OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; LESS AND EXCEPT THAT PART CONTAINED WITHIN THE STREET RIGHTS-OF-WAY LONG THE EAST SIDE AND SOUTH SIDE THEREOF, CONTAINING 19.39 ACRES, MORE OR LESS. m x X Q� s D 2002006768 I' Bette stamps, C. Ult for Washington Cour Clerk and Exoffipo Recorder that this instument was'filakansas, do hereby certify Indicated hereon ed fa record in my office as N th the Record acknowledgement a is now duly recorded in beck g and cerA'ficate thereon and Page as indicated thereon, IN WITNESS WHEREOF, I have hereunto set my hand and on. the seal of said Court on the date indi- catedhereon, . Curt ps of oficio Recorder by 9 r NAME OF FILE: Ordinance No. 4352 CROSS REFERENCE: 12/04/01 Ordinance No. 4352 Exhibit "A" (legal description of RZN 01 - 18.00) 10/05/01 Planning Division Correspondence to Mayor Coody & Fay. City Council from Tim Conklin, City Planner, thru Hugh Earnest, Urban Dev. Director 09/24/01 Planning Division Correspondence to Fay. Planning Commission, from Dawn Warrick, Senior Planner, thru Tim Conklin, City Planner 09/24/01 Planning Commission Minutes (Pgs. 22-31 ) 10/16/01 Staff Review Form 12/06/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO, AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 0148.00 FOR A PARCEL CONTAINING APPROXIMATELY 19.39 ACRES FOR PROPERTY LOCATED ON THE SW CORNER OF 15TH STREET AND BEECHWOOD AVENUE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY BILL MCCLARD OF LINDSEY & ASSOCIATES ON BEHALF OF CYNTHIA BEARD AND WILLIAM M. CENTER, III. 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 1- 1 , Heavy Commercial/Light Industrial to R-2, Medium Density Residential 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 EXHIBIT "A" RZN 01 - 18.00 THE EAST HALF OF THE NEI /4 OF THE SW 1 /4, OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS; LESS AND EXCEPT THAT PART CONTAINED WITHIN THE STREET RIGHTS-OF-WAY LONG THE EAST SIDE AND SOUTH SIDE THEREOF, CONTAINING 19.39 ACRES, MORE OR LESS. P 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 rV DATE: October 5 , 2001 BACKGROUND RZN 01 - 18.00 Rezoning was submitted by Bill McClard of Lindsey & Associates, Inc. on behalf ofthe property owners Cynthia Beard and William M. Center, III forproperty located at the southwest corner of 15'^ Street and Beechwood Avenue. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to rezone to R-2, Medium Density Residential . The subject property is currently vacant and is located on the south side of 15"' Street between Beechwood Ave. and Razorback Road. Property to the south, east and west is currently undeveloped and there are University of Arkansas sports facilities to the north (Tyson Indoor Track Complex and Baum Baseball Stadium). A creek with related floodplain adjoins the subject property to the south and east. CURRENTSTATUS Staffrecommended 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. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (501) 575-8264 P[ PLANNING DIVISION CORRESPONDENCE o TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: September 24, 2001 RZN 01-18.00 Rezoning (Beard/Center, pp 598) was submitted by Bill McClard of Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III for property located on the southwest corner of 15" Street and Beechwood Avenue. The property is zoned I- 1 , Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to rezone toga, High Density Residential. RECOMMENDATION: Staff recommends denial of the requested rezoning. Staff recommends approval of an amended request for R-2, Medium Density Residential zoning for the subject property based on the findings included as part of this report. 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 -(l" reading) H.,IUSERSICOMMONIDA WN7IREPORMP09-24-01 OEARDCENTER R3.DOC Planning Commission September 14, 1001 RZNOI-18 Beard/Center Page 4. 1 Comments: BACKGROUND: The subject property is currently vacant and is located on the south side of 15th Street between Beechwood Ave. and Razorback Road. Property to the south, east and west is currently undeveloped and there are University of Arkansas sports facilities to the north (Tyson Indoor Track Complex and Baum Baseball Stadium). A creek with related floodplain adjoins the subject property to the south and east. The major intersection of Razorback Road and 15'h Street (Hwy 16) east of this location is the site of a variety of uses. The University has developed a large sports complex on the north side of 15`h Street and just recently the southeast corner of the intersection has been established as an RV park for Razorback fans. The northeast corner, east of the Swanson plant (formerly Vlasic and Campbell Soup) now contains a large parking lot, also developed by the University. The owner of the property under consideration for this rezoning request holds and will still hold the vacant tract at the southwest corner of the intersection which is proposed to be split from the subject property. Razorback Rd. is designated a principal arterial on the City' s adopted Master Street Plan. Fifteenth Street (Hwy 16) is designated a principal arterial east of this intersection and a collector west of the intersection. Razorback Road between I-540 and 15`h Street is a 5 lane section which is relatively new. North of this intersection, Razorback Road narrows to 2 lanes. Fifteenth Street is a 4 lane road east of the intersection and a 2 lane road west, including the area directly adjacent to the subject property. Utilities are available to the site and would have to be extended by the developer upon approval of a project. Extension of main lines and sizing of utilities are reviewed at the time of development review. A lot split to create this tract as well as a large scale development will have to be processed in order for this property to be developed commercially as proposed by this applicant. High density residential zoning may significantly impact the character of this area allowing for a maximum of 775 residential units. Without more definitive information regarding development plans, it is difficult to make a finding of compatibility in this case. R-2 zoning is compatible with residential properties to the south of the subject tract and will allow for a total of 465 residential units. There is a subdivision in this area which is developed with mostly single family homes and is zoned R-2, Medium Density Residential. H:IUSERSICOMMONWA WMWEPORTSIP09-24-01IBEARDCENTER R3.D0C Planning Commission September 24, 2001 RZN01-18 Beard/Center Page 4.2 This area has been changed by development of properties by the University of Arkansas. Residential zoning is applicable in this location however applying the highest possible density to almost 20 acres of property is not advisable. A more moderate zoning, R-2, which is in keeping with surrounding residential areas is more appropriate and still provides flexibility in the type as well as the density of residential development for this site. SURROUNDING LAND USE AND ZONING North: Baum Baseball Stadium / Tyson Indoor Track Complex, I- 1 South: Vacant, R-2 East: Vacant, I- 1 West: Vacant, I- 1 INFRASTRUCTURE: Access to this site is from 15" Street. Razorback Road and Beechwood Ave. are also close to the subject property and will provide access to the general area. All nearby streets are designated on the City's adopted Master Street Plan as principal arterials or collectors. Water: 8" line on east side of Razorback Rd. Sewer: 10" line along 15'" Street (Hwy 16) LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to R-3, High Density Residential is consistent with the land use plan. A designation of R-2, Medium Density Residential, is more compatible with surrounding land uses in the area. FINDINGS OF THE STAFF I . 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 not consistent with land use planning objectives, principles, and policies and with land use and zoning plans. This area is designated Mixed Use on the City's adopted Future Land Use plan. The surrounding properties are largely undeveloped. Nearby uses include University facilities and single family homes to the south which are located within the R-2 district. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. H. IUSERSiCOMMONIDA WN71REPORTSIPC19-24-0/IBE4RDCENTER R3.DOC Planning Commission September 24, 2001 RZNOI-18 Beard/Center Page 4. 3 Finding: Unable to make finding without additional information regarding a proposed development and its impact on surrounding properties. It is not known even what amount of density would be sought for development of this site. 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 major streets serving this site are currently under utilized and are developed in a manner which will carry significant amounts of traffic. Upon development, any improvements or capacity increases made necessary by a proposed project will be the responsibility of the developer. 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 density will alter population density. The current industrial zoning does not indicate any residential uses, however the proposed zoning will allow for a maximum density of 775 residential units. Staff's recommendation of R-2 zoning will allow for a maximum of 465 units. This increase is not expected to undesirably increase the load on public services including schools, water, and sewer facilities. The applicant, like all project applicants, has signed the sewer capacity warning designed by the City attorney regarding the status of Fayetteville's wastewater treatment facility. 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 H:IUSERSICOMMOMDAWN7IREP0R7SWCI9-24-D/IBEARDCENTER R3.D0C Planning Commission September 24, 2001 RZNOI-18 Beard/Center Page 4. 4 §161 .06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL. A. Purpose. The High Density Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. B. Uses. 1 . Uses Permitted. Unit 1 City-Wide Uses by Right Unit 8 Single-Family Dwellings Unit 9 Multifamily Dwellings - Medium Density 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 11 Mobile Home Park Unit 25 Professional Offices C. Density. Families Per Acre 4 to 24 D. Bulk and Area Regulations. 1. Lot Width Minimum. Mobile Home Park 100 Feet Lot within a Mobile 50 Feet Home Park One Family 60 Feet Two Family 60 Feet Three or More 90 Feet Professional Offices 100 Feet H.IUSERSICOMMOMDA WNnREPOR7SIPCI9-14-0/IBE4ROCENTER R3.DOC Planning Commission September 24, 2001 RZNOI-18 Beard/Center Page 4. 5 j L 2. Lot Area Minimum. Mobile Home Park 3 Acres Lot Within a Mobile Home Park 4,200 Sq. Ft. Row House: Development Individual Lot 10,000 Sq. Ft. 2,500 Sq. Ft. Single -Family 6,000 Sq. Ft. Two -Family 7,000 Sq. Ft. Three or More 9,000 Sq. Ft. Fraternity or Sorority 2 Acres Professional Offices I Acre 3. Land Area Per Dwelling Unit. Mobile Home 3,000 Sq. Ft. Apartments: Two or More 2,000 Sq. Ft. Bedrooms One Bedroom 1,700 Sq. Ft. No Bedroom 1,700 Sq. Ft. Fraternity or Sorority 1,000 Sq. Ft. per Resident E. Yard Requirements (feet). FRONT YARD SIDE YARD REAR YARD 25 8 25 Cross Reference: Variances Chapter 156. F. Height Regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (Code 1991, § 160.033; Code 1965, App. A, Art. 5(111); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81) H:1 USERSICOMMONIDA WNfREPORTSIPCI9-24-0/ IBEARDCENTER_R3.DOC Planning Commission September 24, 200/ RZN01-18 Beard/Center Page 4.6 0 §161.07 DISTRICT R-3 HIGH DENSITY RESIDENTIAL A. Purpose. The High Density Residential District is designated to protect existing high density multifamily development and to encourage additional development of this type where it is desirable. B. Uses. 1. Permitted Uses. Unit 1 City -Wide Uses by Right Unit 8 Single -Family Dwellings and Two -Family Dwellings Unit 9 Multi -Family Dwellings/Medium Density Unit 10 Multifamily Dwellings -High Density 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City -Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 11 Mobile Home Park Unit 25 Professional Offices C. Density. Families Per Acre 16 to 40 D. Bulk and Area Regulations. Lot Width Mobile Home 100 ft. Minimum: Park Lot Within a 50 ft. Mobile Home H:I USERSICOMMOMDA MNTIREPOR7SIPCI9-24-0i IBEARDCENTER _R3. DOC Planning Commission September 24, 2001 RZNOI-18 Beard/Center Page 4.7 0 Lot Width Mobile Home 100 ft. Minimum: Park Park One Family 60 ft. Two Family 60 ft. Three or More 90 ft. Professional 100 ft. Offices Lot Area Mobile Home 3 acres Minimum: Park Lot Within a 4200 Mobile Home sq. ft. Park Row Houses: Development 10,000 sq. ft. Individual Lot 2500 sq. ft Single Family 6000 sq. ft Two Family 6500 sq. ft Three or More 8000 sq. ft Fraternity or 1 acre Sorority Professional Offices 1 acre Land Area Mobile Home 3000 sq. Per ft. Dwelling H: t USERSICOMMONIDA WNPREPORTS\PCI9-24-011BEARDCENTER_R3. DOC Planning Commission September 24, 2001 RZN0I-18 Beard/Center Page 4.8 Unit: Row Houses & Apartments: Two or More 1200 sq. Bedrooms ft. One Bedroom 1000 sq. ft. No Bedroom 1000 sq. ft. Fraternity or 5.00 sq. Sorority ft., per resident E. Yard Requirements (feet). FRONT SIDE REAR YARD YARD YARD 25 8 20 Cross Reference: Variance, Chapter 156. F. Height Regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (Code 1991, §160.034; Code 1965, App. A, Art. 5(IV); Ord. No. 1747,6-29-89; Ord. No. 2320, 4-5- 77; Ord. No. 2700, 2-2-81) H: I USERSI COMMOMDAWN11REPORTSI PCI9-24-0 / I BEARDCENTER_R3. DOC Planning Commission • September 24, 2001 RZN01-18 Beard/Center Page 4.9 0 0 Lindsey & Associates, Inc. COMMERCIAL/ INDUSTRIAL DIVISION L9 3801 WEST WALNUT • ROGERS, AR 72756 • (501) 621-5400 1-800-6584012 • FAX (501) 636-6317 September 4, 2001 The City of Fayetteville Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, AR RE: Rezoning for approximately 19.39 acres, located on the NW corner of Hwy. 16 and 18th Street, Fayetteville, AR (See attached Exhibit A) Gentlemen: This date I have submitted an application for rezoning approximately 19.39 acres on State Hwy. 16 in Fayetteville. The property is currently owned by Cynthia Beard, Trustee and Individually, and William M. Center III, Trustee and Individually. There is a contract pending for the sale of the property. The property is currently zoned,&Q. The prospective Buyers have requested the zoning change with the future expectation of developing the property for high density residential use. The property has road frontage on State Hwy. 16 and on 18th Street. A change in the zoning will affect the surrounding property in that there will be an active use on land that has been vacant. The land does lie in close proximity to new construction by the University of Arkansas of Baum Baseball Stadium, Randall Tyson Indoor Track Complex and additional parking for the University. The requested rezoning is in keeping with the growth in the South Razorback Road area. It is inevitable due to the location and growth of the area that traffic will increase even if this property is not developed at this particular time. Water is available to the site CA thaw cee - rnR½h OR \11}eRSeC*\\O!J It ® a N i i c •,e S� oPS �� G� 2 el�S 2C (� Planning Commission �1�0� t \Ve(\Ue , September 24, 2001 irro __ T RZN0I-18 Beard/Center ►DER Page 4.10 S 0 Sewer is located '1 1,_- Tl.._,._ ,. _1,... __ In0 1- R fie- l ov�eSZ, pcQYN o%a o % * o_& . U I am presenting this information on behalf of the current owners. Respectfully submitted, Bill McClard Lindsey & Associates, Inc. R Planning Commission September 24, 2001 RZN01-18 Beard/Center Page 4.11 I RiN 01-18.00 Future Landuse 0 .0 O A Regional Commercial YI Overview .. .. .. .x.11\ ice; r-i C* BEARD / CENTER .. .. .. .. .. . • - PA14n-oa.... . • .. SUBJECT PROPERTY = .... ..... ._./an sT............. C :: c ":J Residential Mixed Use \ I-L-Iy/IVVI /IVVY VIII PIial'� R I\\.\\\\\' a 0 Historic Commercial Community Commercial Neighborhood Commercial Regional Commercial •.su .. .. .. _ (P•Iv Industrial i.. ..._ ... s I iUnry Legend Subject Property Streets ® RZN01-18.00 "N_i Existng i Planned Boundary Planning Area p^BCCC c p Overlay District 000c C., L _ _I City Limits Planning Commission September 24, 2001 W01-18 Beard/Center I Planning Commission September 24, 2001 Page 22 RZN 01-18.00 Rezoning (Beard/Center, pp 598) was submitted by Bill McClard of Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III for property located on the southwest comer of 15th Street and Beechwood Avenue. The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to rezone to R-2 High Density Residential. Hoffman: Items 3,4 and 5 are rezoning requests for three contiguous, basically contiguous pieces of property. lam going to go ahead and read item No. 3 and ask Mr. Conklin to give us an overview of the three items before we begin our discussion but to let you know that we will be voting on the items separately. McClard: May I request that we do number 4 before number 3, is that possible? Hoffman: I don't see why not. Anybody have any objection to that? Marr: Is there a particular basis for that? Hoffman: Could you just let us know why? McClard: We're working a little short handed with the number of Commissioners here. I think I can get a real good response but the most important are 3 and 5 so if I can get a response on 41 will have a good idea of what I need to proceed with 3 and 5. Hoffman: That will be fine, so you are aware then of the five vote requirements? McClard: Yes Ma'am. Hoffman: With that being said we'll go ahead and move item No. 4 upon the agenda. Item No. 4 is a RZN 01-18.00 which was submitted by Bill McClard of Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III for property located on the southwest corner of 15th Street and Beechwood Avenue. The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to rezone to R-2 High Density Residential. Tim, could you go ahead though and please just give us a brief overview of the rezonings, the requests, their locations and so forth. You can start with item number 4 and with your staff recommendation. We will go ahead and discuss item No. 4 separately and vote on it but I would like an overview just for the benefit of those who are listening and the Commission. Conklin: Sure, there are three rezonings being requested this evening. They are all located in the Planning Commission September 24, 2001 Page 23 same area of Fayetteville, south of 15th Street, Beechwood Avenue bisects them. One rezoning item No. 4 is a request from I-1 to R-2, basically downzoning that from heavy commercial, light industrial to R-2 multi family residential which allows up to 24 units per acre. Item No. 3 is immediately east of Beechwood Avenue, the property line is 15th Street. That is also another downzoning from 1-1, heavy commercial/light industrial to medium density residential, 24 units per acre and then we have item No. 5 which is a request to go from the heavy commercial/light industrial I-1 zoning to the C-2 Thoroughfare Commercial. The applicant has requested these rezonings in hopes of developing some multifamily residential in this area and also some commercial. It is consistent with our land use plan with regard to the residential designation. The general plan does show the area that is zoned or proposed to be rezoned from heavy commercial/light industrial to Thoroughfare Commercial as residential. Staff is making a recommendation for approval of that rezoning. This area has changed quite a bit over the years. The University of Arkansas has been very active in developing their athletic facilities and parking needs. Directly to the north, north of 15th Street and east of Beechwood Avenue and west of Razorback Road is Baum Stadium, the baseball stadium. Also located north of these rezonings is the Randall Tyson Track facility. To the northeast is a newly developed surface parking lot that the University of Arkansas has developed. Directly east of Razorback Road and 15th Street east of the train tracks is the newly developed RV park for the University of Arkansas. The idea here is to allow the ability for the applicant to potentially develop some housing that could serve students. Also, potentially bring in some commercial activities that would supplement the uses currently in this location that the University of Arkansas is utilizing for their baseball and also the Randall Tyson Track Facility which is being used as an exhibit hal I and is being rented out. We do have three rezonings, I think that the most important point to consider is that they are currently all zoned heavy commercial/light industrial and we're actually downzoning these and eliminating some of the uses that could be, right now by right, established out there which would include mini storage and warehousing. This is something I think that would be more appropriate in this area. Hoffman: Ok, thank you very much. McClard: I am Bill McClard, I am the agent for the property for the sellers, Beard and Center. Let me give you a little background if I might. I was approached by the people who have the property under option. They had been talking to the University of Arkansas about the need that the University has both for student housing, married housing and the need to address, certainly some perceived needs with Baum Stadium and particularly with the activities through the summer and through the Winter at the track and all that is going on. With having hotels in the area, having a restaurant in the area and certainly a real need for Planning Commission September 24, 2001 Page 24 some more housing for students, quality housing. As you may have read in the last two weeks, the President of the University has made the statement that he would like to see the number of students at the University of Arkansas go from roughly 15,000 up to 20,000 students and they are clamoring trying to figure out what they are going to do with those students. There is going to be a real problem with a lack ofhousing if the University is able to get the number of students on campus that they want to have. That is what this application is all about. This is really aimed at the University and the necessity that is there for A. housing and B. with what you have there with Baum Stadium and the track being rented out with all sorts of activities there. There is a real perceived need for some hotels and restaurant use there. If you have any questions, I would be glad to address them. Hoffman: Thank you so much. I would like to take public comment. Davidson: My name is Sharon Davidson and it is ironic that I came for the growth meeting but this thing which I have been discussing, development in general in our town has come up and again, let me state my contention. I am not anti, anti, I'm anti -inappropriate. We don't need big apartment buildings upon top of the hill on the mountain. That is inappropriate. This is totally appropriate. It is the natural thing that should be developed. I am very glad to see it go from industrial, let's keep industrial down in the industrial park. We have Campbell's Soup there, but, just as we saw what it cost for the Bakery Feeds fiasco, we don't want industrial down there. There is enough residential. You already have the natural corridor from the agricultural plant all the way down here to the highway which is College. It is flat, it is very appropriate. My concern though, is that in the bigger picture here is that this is going to be a developed corridor from 15th Street all the way down towards Crossover that later might be used to relocate people from more desirable areas of the town. I have this bad feeling that once we're allowing people to build inappropriate buildings up on top of Mt. Sequoyah, we can flood out the hollow, then we can move all these people and marginalize them out on 15th Street. I have a problem with that being in our future but that is not related to his end down here and what he is saying. It is definitely appropriate and I think most people would be glad to see residential go in at a naturally logical place and see other commercial possibilities that could emit odors, create problems, they should be down in the industrial area. So, I definitely think it is what was going to happen, I knew it was going to happen, I'm surprised it is happening this soon, but it is appropriate and I think it is definitely the way to go for that space. Hoffman: Thank you Sharon. Is there any other member ofthe audience that would like to talk to us about this? Ok, seeing none, I'll have Mr. McClard come back up to answer any questions from the Commission. Planning Commission September 24, 2001 Page 25 Marr: One of the things that! struggle with when we look at these rezoning recommendations is the findings that we are supposed to make in doing that. One of those is very hard for me to think about at this time is the determination on whether the proposed zoning is justified or needed. When I drive around and see lots of R-2 spaces available, I certainly was glad to hear the comment on the student increase, I think we've heard it from our Chancellor. When I read the finding of facts in the report from the staff, it says we're unable to make the finding without additional information regarding proposed development and its impact on the surrounding properties. I think the other reason that that creates a concern to me is that we just talked or had a report on growth and one of the things that I certainly would question is what is our sewer availability for development of 4l acres, 465 units, and not knowing the density. I have a hard time understanding how we as Commissioners are supposed to have a fact finding on that item. I guess maybe I would like a little guidance from you as to how we're supposed to come to that conclusion in this. Conklin: With regard to our sewer capacity, our Assistant Public Works Director, Don Bunn, actually, we keep track of the numbers and provide those numbers to him, of our current sewer capacity that we're closely gaining up to reaching the maximum capacity of the plant. There is available capacity. On every rezoning application we do have the applicant sign a sewer capacity warning form, making sure the understand that we can't guarantee sewer capacity 2, 3 or 4 years from now. We have taken all the development that the Planning Commission has approved and we have backed those numbers out based on our Master Facility Plan studies and other studies to make sure that the treatment plant and this additional development that the sewage generated by this development can handle it. The Public Works Department is confident that we can handle and continue approving developments at the Planning Commission. They have not given me any indication that the Planning Commission should not approve development based on our current capacity issues with our waste water treatment. Marr: Is there any concern over the size of the developments that we approve? I mean 400+ units on a 41 acre combined ifyou look at the three of these, I mean, I hear what you're saying so maybe we leave that one and go to how do we come to the finding ofnumber 2? Conklin: With regard to is it justified and needed at this time. That is always difficult for staff. We don't have detailed studies looking at the availability of how many units are out there. I am aware of the University of Arkansas' long range plans and trying to increase enrollment to 25,000. I think that is by 2010. I am aware of the amount of apartments that the Planning Commission has looked at and approved. It is difficult to answer your question. We have seen a lot of developers recently in this year, come through for additional multi family Planning Commission September 24, 2001 Page 26 development. The market pretty much is generating that demand for this use. With regard to why is staff making this recommendation for approval, I think it is more appropriate to have residential zoning and commercial zoning than the Heavy Commercial/Light Industrial zoning in this area. I think it is an opportunity to downzone this 30 to 40+ acre area in Fayetteville. McClard: Mr. Marr, as a commercial broker, I can tell you that I am working on a number of projects and I can assure you that not only you, but the developers in the area are very concerned about sewer capacity. You are well spoken there and I deal with that virtually everyday. They are very concerned as you are, and they are all very carefully monitoring what is going on. The worst catastrophe any developer could have would be to build a number of units and not be able to tie into sewer. So believe me, there is huge concern out there. Secondly, when I was trying to find a place that would make sense to try and put apartments that would serve the University, when you start taking aerial photo, and yes, there is a lot of green space and yes there are some other places that are zoned, but when you're trying to get students from their housing up to classes everyday, the number of areas that we could look at were really quite limited when you really start studying aerial photos and the proximity to the University. This one really stuck out as the place that this should happen. The only other really place that makes a lot of sense is that area from the beer distributor, McBride I believe it is on the top of the hill there. Then you start dealing with huge amounts of trees. You start dealing with a terrain that is very hilly and it is closer, but we're dealing with two basically flat fields that have very few trees, there are some natural buffers in two different directions of trees along the creeks that does separate this development from what housing there is available. Itjust ust made a lot of sense to us that this would be an excellent location to do this. Hoffman: Thank you. Bunch: Mr. McClard, are you representing the seller or the buyer or both? McClard: I would say in this case, probably both Sir Bunch: Could you enlighten us a little bit about the commercial, I know we're not talking about that particular item. I think we're kind of looking at everything together. McClard: I think we can talk about all three at once, sure. Bunch: Question for Tim also combined with that is to look at what kind of commercial you are wanting to put in on C-2. Tim, could you preface that by maybe saying a little bit to the I C Planning Commission September 24, 2001 Page 27 difference between what is allowed in!-! Heavy Commercial and what is allowed in C-2, Thoroughfare Commercial? Conklin: Between the two zoning districts the C-2 Thoroughfare Commercial and the I-1 Heavy Commercial/Light Industrial, they are very similar. I- I and C-2 both allow restaurants right now as a use by right. Both C-2 and I -I allow used car sales, use unit 17 and all the uses associated with those like you see on College Avenue. The major difference between a C-2 and!-! is that they need the C-2 if they want to have the ability to have a hotel or motel type use. They are very similar in types of uses, that is a heavy commercial zoning district, the I -I, it allows almost all the same uses as C-2, except for hotels and motels. Bunch: Mr. McClard, could you please if you have a chance tell us what the long range plan is? McClard: Yes Sir, certainly. The intention is that on the piece of property that is on 15th Street, the intention is for a restaurant to go in the front and two different hotels would be basically lying from north to south. Once again because there are so many activities going on around the baseball stadium, not only University but during the summer time they are doing all sorts of tournaments there and there is a real perception that there is a real need for some real nice or nicer new hotels in the area. We are all aware, once again, going back to use, once they went in and made the one way service roads over on I540, it certainly limits the appeal of sites in that area because you can't get there from here. The negative to this site is presently there is not a lot of traffic in the area, but that also is a positive in that Razorback Road is underutilized, it is 5 lane and has very low traffic count. As far as being able to use that area and that street that has been built, this is good for utilization in that area and maybe we can get people to come from the south to the north and not get so much on College Avenue. I think that people will figure that out. Bunch: How does the utilization of Randall Tyson Track Center as a convention center, how does that figure into the plan? McClard: Very definitely. Sure, conventions, it's a natural for their convention center trade to have something close to what they're doing for their leasing out for not only exhibitors but the people who want to come for exhibits. Yes, they all go hand in hand. The way they are trying to do that, as we're all aware, is a year around activity. Certainly if it wasn't a year around activity there probably wouldn't be the need of this developer to even discuss it. You have to have people that are going to be there to use that a significant number of nights. It all goes hand in hand, you're exactly correct. Bunch: Also, on University housing, I think I remember reading in the newspapers that the Planning Commission September 24, 2001 Page 28 University housing was completely filled this year? McClard: That is our understanding. It is also our understanding that they are in the process of trying to develop 600 units at this time. When you talk about 15,000 units and you're talking about 600 students, it is a drop in the bucket. Particularly when you're talking about adding 5,000 more students. Tents are not a good answer. They're going to have to go somewhere. Hoffman: Anything else? Allen: Do you envision any single family homes in this area? McClard: No Ma'am, we do not. We do envision and the hope ofthe developer at this time is that there will be a special area set aside for married students that really are lacking in the housing they presently have. It is hopeful that we can set up an area that would be very appealing to married students. Allen: At this point your plans are for apartments and hotels and what else? McClard: One restaurant. Allen: A restaurant and that's all? McClard: Yes Ma'am. Allen: Thank you. Hoffman: I have a question for Tim, if you can enlighten me. I may have missed it. Is there a provision on item No. 5, the C-2 zoning. My concern is that we have some vacant C-2 zoning within a mile ofthis property on the comer of Cato Springs and the bypass. In our findings we need to find that there is a need for this particular zoning, it is of unique character, that there is not other zoning and vacant land available. Is there a way to zone this C-1 and get a conditional use for hotels and restaurants? Conklin: No there isn't. Once again, I think probably one of the more unique things about this property is that what has occurred around it. We have seen a baseball stadium built and a track facility that is being rented or leased out on weekends for exhibit space, an RV Park set up for the University of Arkansas, a thousand plus vehicle parking lot built, this is an area that has a lot of activity when these facilities are being used and I think that is Planning Commission September 24, 2001 Page 29 what makes it different from I540 and Cato Springs Road where you don't have a lot of uses directly adjacent to it. Hoffman: Would you say that is about a mile or maybe a little bit more? I am looking at our map on page 5.10 and just for purposes of comparison, we have our neighborhood in between this site then we have some more R-2 and I-1 zoning as we go further south to Treat Street. Conklin: Ok, on 3.11 we do have a mile radius ifyou look at that map, it's a little less than a mile, 3/4 of a mile. Hoffman: Ok, so would you say then that basically that the growth is occurring from the University to the south where originally we thought maybe the growth from I540 to the north because of the airport traffic? Conklin: That is what I've seen. I have been surprised at how the University of Arkansas has changed the appearance ofthat part of town and even around the University, they have cleaned up and made all their facilities aesthetically more pleasing. They don't use chain - link fence, they use brick. Even the Randall Tyson Track Facility I think is fairly attractive. It is not just a metal building out there. They have changed that intersection and the activities that occur in that area of town just in the last five years. Hoffman: I agree, I'm just concerned that we maintain that quality and character all the way up and down Razorback Road because I do see this as developing fully within a certain number of years. I don't have my crystal ball with me tonight, I would like to see a consistency of development and a quality of development. When we rezone large tracks of land that is always a concern that we have rezoned I don't know how many total acres, but quite a few with a great deal of potential for missteps if we're not careful. McClard: May I also state that in the conversations with the University, it was very interesting to note the number of people that the University says they have coming] ust to do business with the University. It is a very large business and there is a real need for more room for those people to come and do their dealings with the University which is another reason that this application is being made. Hoffman: Thank you. Allen: When I drove around in that area, I noticed there was a little neighborhood that I had not seen before on Ashwood. I wondered if we had heard from any of the people who lived in that area and if there is any reaction to the rezoning? Planning Commission September 24, 2001 Page 30 Warrick: I received one phone call from a resident in this general area, she did not identify herself so I don't know exactly where she lived with regard to these rezoning requests. She stated that she had no problem whatsoever with the rezonings that were requested for residential use. She was a little bit hesitant about endorsing the commercial request, but no statement was made definitively in one way or the other. She was just calling to ask what the requests were and what the general idea for the properties was. That was the only phone call that I received. I don't believe that any ofthe other staff members received phone calls with regard to these requests. Hoffman: Thanks Dawn. MOTION: Marr: Having sat here and listened to this discussion, I think it makes a lot of sense in terms of that I do think the development will be north first going south because ofthe University's development. I think some of the uses that Mr. McClard has described to us today I certainly see as a need in that part oftown. I love the idea of further development in south Fayetteville. I love the idea of hotels being built in our city so we get sales tax revenue and HMR tax revenue and all those good things that help fund this quality of life that we have here and heard about earlier and allow us to maybe use some ofthat money to buy green spaces as a part of our parks plan which we heard at the last planning meeting. I am actually going to move for approval and recommendation to the City Council of rezoning request 01-18.00 based on the staff's recommendations and findings that are listed in the staff report through pages 4.3 through 4.4a. Hoffman: I have a motion by Commissioner Marr. Bunch: I'll second. Hoffman: I have a second by Commissioner Bunch, do we want to be more specific about the unable to make the finding on number 2? Williams: I think you probably could make the finding with the additional information that has been provided by the petitioner here. Marr: I guess my comment would be I believe that there is a justified need based on the University's ten year plan of 10,000 student increase from 15,000 to 25,000. 1 also believe that the commercial development is certainly justified in this section oftown with the student population that is there, summer activities from ball fields and NCAA national Planning Commission September 24, 2001 Page 31 events. I guess I've come to the conclusion through the discussion that we need the finding. Bunch: I concur with that. Hoffman: I believe I did not take public comment, is there anybody from the public here that would care to address us? Ok, seeing none is there any further commission discussion? Call the roll please. ROLL CALL: Upon the completion of roll call RZN 01-18.00 was approved unanimously. Hoffman: This motion carries on a vote of six to nothing. STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of October 16, 2001. FROM: Tim Conklin Planning Name Division RECEIVED OCT 04 2001 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Public Works Department ACTION REQUIRED: To approve an ordinance for RZN 01-18.00 as submitted by Bill McClard of Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III for property located at the southwest corner of 15th Street and Beechwood Avenue. The property is zoned I -1, Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to rezone to R-2, Medium Density Residential. COST TO CITY: Y Cost of this Request Account Number Project Number BUDGET REVIEW: Budget Manager Category/Project Budget Funds Used To Date Remaining Balance Budgeted Item CONTRACT/GRANT/LEASE REVIEW: Accounting Manager City ttorney Date /U LO/ Date Purchasing Officer Date Category/Project Name Program Name Fund Budget Adjustment Attached Administrative Services Director GRANTING AGENCY: Internal Auditor ADA Coordinator STAFF RECOMMENDATION: Staff recommended 2001, Planning Commission unanimously voted to forward the rezoning to the City Council. Date Date approval and on September 24, 6-0-0 to recommend approval and Division H d Date Cross Reference New Item: Yes D ar ent Director '' Date Prey Ord/Res #:_ in* trative Servic s Director to - /" Orig Contract Date: Mayor Date Orig Contract Number: FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: December 6,2001 Please find attached a copy of Ordinance No. 4352 approving RZN 01-18.00 as submitted by Bill McClard of Lindsey & Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III, for property located at the southwest corner of 15'' Street and Beechwood Avenue. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit 010 03 23ty of Fayetteville 12/11/2001 Update . Index Maintenance • 8:33:18 Document It Action Reference Date Ref. Taken Brief Description ORD 12042001 4352 REZONING RZN 01-18.00 Enter Keywords........: REZONING nULl V1-1V.VV ORD. 4352 19.39 ACRES SW 15TH ST BEECHWOOD AVENUE MCCLARDBILL / LINDSEY & BEARD, CYNTHIA CENTER SSOCIATES WILLIAM H. File Reference #......: MICROFILM Security Class........: Expiration Date........ Date for Cont/Referred: Name Referred to......: Retention Type: **** Active *TTT Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.