HomeMy WebLinkAboutOrdinance 4353 r FOR RECORD
02 JAN 14 flfA 11 35
ORDINANCE NO. 4353 WASHIIv � '
%. STAMPS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 01 . 19.00 FOR A PARCEL
CONTAINING APPROXIMATELY 9.86 ACRES FOR PROPERTY
LOCATED SOUTH OF 15TH STREET BETWEEN BEECHWOOD
AVENUE AND RAZORBACK ROAD, 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 I- 1 , Heavy Commercial/ Light Industrial 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 4`" day of December, 2001.
APPROVED:
tpYET !
Q4 �gT,•�' DAN COODY, May
V n
By:
Bather Woodruff, Ciry Cl rl
2002006769
s
Ord . 4353 a
EXHIBIT "A" EXHIBIT A
RZN 01 . 19.00
A PART OF THE NW1 /4 OF THE SETA OF SECTION 20, T- 16-N, R-30-W, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE N.E. CORNER OF THE NW 1A OF
THE SE 1 /4 OF SAID SECTION 20, THENCE N87013'22"W 464.78 FEET AND THENCE S
2046'38"W 75.95 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH
RIGHT-OF-WAY FOR 15TH STREET IN THE CENTER LINE OF A DITCH; THENCE ALONG
THE CENTER LINE OF SAID DITCH AS FOLLOWS : S13052153 " W 157.39 FEET; THENCE S
17038'29"E 138.54 FEET; THENCE S 64004'53"E 36.47 FEET; THENCE S 0011 '38" E 193 .83
FEET; THENCE S 14047106" E 194.03 FEET; THENCE S3055'33" E 65 .27 FEET; THENCE
S27050'25 "E 48 .42 FEET; THENCE S18021 ' 12" W 46.69 FEET; THENCE S 88023'47"W 147.72
FEET; THENCE N26042'27" W 82.42 FEET; THENCE N8701110711W 47.00 FEET; THENCE
S43005'33 " W 42.72 FEET; THENCE S4020'41 "E 36.68 FEET; THENCE S3004612316W 95 .54
FEET; THENCE LEAVING SAID DITCH CENTER LINE N87012'00"W 262.06 FEET; THENCE
N2048'00"E 950.22 FEET TO THE SOUTH RIGHT-OF-WAY FOR 15TH STREET; THENCE
ALONG SAID RIGHT-OF-WAY S 87022148"E 327.44 FEET; THENCE S2037' l2"W 30.00 FEET;
THENCE S87022'48" E 97.06 FEET TO THE POINT OF BEGINNING, CONTAINING 9.86
ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL
EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD.
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2002006769
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NAME OF FILE: Ordinance No. 4353
CROSS REFERENCE:
12/04/01 Ordinance No. 4353
Exhibit "A" (legal description of RZN 01 - 19.00)
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 Commission Minutes (Pgs. 33-35)
09/24/01 Planning Division Correspondence to Fay. Planning Commission from
Dawn Warrick, Planner, thru Tim Conklin, City Planner
10/16/01 Staff Review Form
12/06/01 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
NOTES :
i f
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 01 . 19.00 FOR A PARCEL
CONTAINING APPROXIMATELY 9.86 ACRES FOR PROPERTY
LOCATED SOUTH OF 15TH STREET BETWEEN BEECHWOOD
AVENUE AND RAZORBACK ROAD, 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 I. 1 , Heavy Commercial/ Light Industrial 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
EXHIBIT "A"
RZN 01 . 19.00
A PART OF THE NWl /4 OF THE SEI /4 OF SECTION 20, T- 16-N, R-30-W, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FROM THEME. CORNEROF THENW 1 /4 OF
THE SE 1 /4 OF SAID SECTION 20, THENCE N87013122"W 464.78 FEET AND THENCE S
2046'38"W75 .95 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH
RIGHT-OF-WAY FOR 15TH STREET IN THE CENTER LINE OF A DITCH; THENCE ALONG
THE CENTERLINE OF SAID DITCH AS FOLLOWS: S13'52'53 " W 157.39 FEET; THENCE S
17038'29"E 138.54 FEET; THENCE S 64°04'53 "E 36.47 FEET; THENCE S 0° 11 '38" E 193.83 FEET;
THENCE S 14047'06" E 194.03 FEET; THENCE S3055'33 " E 65 .27 FEET; THENCE S27050'25"E
48.42 FEET; THENCE S 18°21 ' 12" W46.69 FEET; THENCE S 88°23'47"W 147.72 FEET; THENCE
N26042'27" W 82.42 FEET; THENCE N87' 1 1 '07"W 47.00 FEET; THENCE S43°05'33 " W 42.72
FEET; THENCE S4°20'41 "E 36.68 FEET; THENCE S30°46'23"W 95.54 FEET; THENCE LEAVING
SAID DITCH CENTER LINE N87° 12'00"W 262.06 FEET; THENCE N2°48'00"E 950.22 FEET TO
THE SOUTH RIGHT-OF-WAY FOR 15TH STREET; THENCE ALONG SAID RIGHT-OF-WAY
S 87022'48"E 327.44 FEET; THENCE S2°37' 12"W 30.00 FEET; THENCE S87022'48" E 97.06 FEET
TO THE POINT OF BEGINNING, CONTAINING 9.86 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND/OR RIGHTS-
OF-WAY OF RECORD.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 01- 19.00 FOR A PARCEL
CONTAINING APPROXIMATELY 9.86 ACRES FOR PROPERTY
LOCATED SOUTH OF 15TH STREET BETWEEN BEECHWOOD
AVENUE AND RAZORBACK ROAD, 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 I- 1 , Heavy Commercial/ Light Industrial 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
EXHIBIT "A"
RZN 01 . 19.00
A PART OF THE NW1/4 OF THE SEI /4 OF SECTION 20, T- 16-N, R-30-W, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : FROM THE N.E. CORNER OF THE N W I /4 OF
THE SE 1 /4 OF SAID SECTION 20, THENCE N87013'22"W 464.78 FEET AND THENCE S
2046'38"W 75.95 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH
RIGHT-OF-WAY FOR 15TH STREET IN THE CENTER LINE OF A DITCH; THENCE ALONG
THE CENTER LINE OF SAID DITCH AS FOLLOWS : S13 °52'53" W 157.39 FEET; THENCE S
17038'29"E 138.54 FEET; THENCE S 64°04'53 "E 36.47 FEET; THENCE S 0° 11 '38" E 193.83 FEET;
THENCE S 1404706" E 194.03 FEET; THENCE S3°55'33 " E 65 .27 FEET; THENCE S27°50'25 "E
48.42 FEET; THENCE SI 8'21 ' 12" W46.69 FEET; THENCE S 88023'47"W 147.72 FEET; THENCE
N26042'27" W 82.42 FEET; THENCE N8701 1 '07"W 47.00 FEET; THENCE S43°05'33 " W 42.72
FEET; THENCE S4°20'41 "E 36.68 FEET; THENCE S30°46'23"W 95.54 FEET; THENCE LEAVING
SAID DITCH CENTER LINE N87° 12'00"W 262.06 FEET; THENCE N2°48'00"E 950.22 FEET TO
THE SOUTH RIGHT-OF-WAY FOR 15TH STREET; THENCE ALONG SAID RIGHT-OF-WAY
S 87022'48"E 327.44 FEET; THENCE S2°37' 12"W 30.00 FEET; THENCE S87°22'48" E 97.06 FEET
TO THE POINT OF BEGINNING, CONTAINING 9.86 ACRES, MORE OR LESS,
WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND/OR RIGHTS-
OF-WAY OF RECORD.
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 /
DATE: October 5, 2001
BACKGROUND
RZN 01 - 19.00 Rezoning 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 south of
15th Street between Beechwood Avenue and Razorback Road. The property is zoned I- 1 , Heavy
Commercial/Light Industrial and contains approximately 9.86 acres. The request is to rezone to
C-2, Thoroughfare Commercial. 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 15th 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 15th 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.
CURRENTSTATUS
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.
N:IUSERSICOAIMOiNIDA1ii'71REPOR7SIPCI9-24-OIIBEARDCENTER Cd70C
Planning Commission
September 24, 2001
Page 33
RZN 01-19.00 Rezoning (Beard/Center, pp 599) was submitted by Bill McClard of Lindsey &
Associates, Inc. on behalf ofthe property owners Cynthia Beard and William M. Center, III for property
located south of 15th Street between Beechwood Avenue and Razorback Road. The property is zoned '
I- 1 , Heavy Commercial/Light Industrial and contains approximately 9.86 acres. The request is to rezone
to C-2, Thoroughfare Commercial.
Hoffman: The fifth item on our agenda is the rezoning request for RZN 01 - 19.00 submitted by Bill
McClard of Lindsey & Associates, Inc. on behalf ofthe property owners Cynthia Beard
and William M. Center, III forproperty located south of 15th Street between Beechwood
Avenue and Razorback Road. The property is zoned 1- 1 , Heavy Commercial/Light
Industrial and contains approximately 9.86 acres. The request is to rezone to C-2,
Thoroughfare Commercial. We've already had some discussion on this. Is there any
public comment first of all? Seeing none, Mr. McClard, do you have any further
comments to make on this? Staff or Commissioners? I have one thing I need to bring up
about this location. I was concerned about the lack of access to Razorback Road and Mr.
McClard, can you step up to answer some questions?
McClard: Yes Ma'am, there is an 80 foot easement that the developers are retaining midway
between the midpoint of the development that will go back to Razorback Road and that
is intended to be a nice divided thoroughfare type situation.
Hoffman: That will provide access? We're always concerned with ingress and egress.
McClard: We have streets on two sides already but that will give us access to a third one.
Hoffman: Right, and I would say for an intensely developed area we would want cross access and
so forth, of course that comes later but the fact that the property doesn't actually touch
Razorback was a concern of mine.
McClard: It actually does.
Hoffman: It does at the bottom of the creek or something right?
McClard: Thank you very much.
Hoffman: Our map indicates that it doesn't but we have just an area map, we don't have a plat.
McClard: The easement is apart of the contract but you will be able to see the easement on the plat.
Planning Commission
September 24, 2001
Page 34
Hoffman: Shouldn't we have that before it goes to council so they can see it?
Conklin: We can get that and forward it to the City Council. We did talk about going back RZN
01 - 19.00, I'm not sure what your discussions were, it is such a small area, the scale of
map I can't be able to tell. Our drafting department would have to plat that legal
description for me to be able to give you that information but they are retaining that
easement for access to Razorback Road.
Hoffman: My concerns continue to be I'm rezoning something to C-2 commercial that an adult live
entertainment club or bar is a permitted use as well as used car sales that would be to me
objectionable. It sounds like even though we're not supposed to really talk about it, the
plans are fairly solid for the hotel and restaurant to go in.
Conklin: That is currently allowed under the I- I zoning so if someone purchased the property, those
uses are currently allowed, once again, we're downzoning this. It does not remove the
possibility of that occurring but at least on a large portion of this property we're taking off
the commercial uses and the used car sales and the other mini storage warehousing uses
that may not be appropriate next to these facilities the University has developed.
Hoffman : Let me ask you this. If a hotel and restaurant are allowed under the I- 1 zoning is this
rezoning necessary?
Conklin: A hotel is not allowed.
Hoffman: Ok, I misunderstood then.
Conklin: The main use, I don't know if the applicant is going to build ahotel or not but the main use
that you need the C-2 for is the hotel/motel use.
Hoffman: The way our zoning ordinances are structured sometimes confuses me because it seems
that there are sometimes when you can have the least restricted type zoning then would
allow the more restrictive type zonings under that umbrella but that is not the way ours
function.
Conklin: It is somewhat of a form of pyramid type zoning but then again it is not. There are areas
where we've gone out and removed certain parts of that where it doesn't just completely
go from residential down to industrial where it allows everything.
Hoffman: Thank you. Any further discussion, motions?
Planning Commission
September 24, 2001
Page 35
MOTION:
Marr: I 'll move fora rezoning 01 - 19.00 based on the staffreport recommendations that it meets
the findings to forward it on to the City Council. Just with a comment. The easement
documentation being added so that the City Council has what they need to look at that and
just for my own conscious, now that it is the third one, reiterate the close work with the
City on the availability of all the utilities, sewage included for this scale.
Hoffman: We have a motion, do I hear a second?
Bunch: I ' ll second.
Hoffman: Commissioner Bunch has seconded it. This is to rezone this property from I- 1 to C-2 with
the provision that the applicant provide staff with the easement plat documentation prior
to the hearing by City Council. Anybody else? Would you call the roll please?
ROLL CALL: Upon the calling of roll the motion to approve RZN 01 - 19.00 was approved and
forwarded to City Council by a vote of 6-0-0.
Hoffman: The motion passes by a vote of six to nothing. Is there any further business?
Conklin: There is no further business. I would like to make a couple of statements and
announcements. First of all, with regard to the questions that came up regarding our
sewage treatment capacity. Planning Division is always inclose contact with our Public
Works Department. Just as recently as a month ago we sat down with the City of Elkins,
the City of Farmington, Greenland, Johnson, the University of Arkansas along with our
Public Works Director, Assistant Public Works Director, City Engineer and staff to
discuss where we're at with the sewage treatment capacity and growth that occurs in those
communities and the University of Arkansas. It is important that the University is aware
of our current situation. Especially with plans to add 10,000 students over the next ten
years. At that meeting, those communities, along with the University of Arkansas, they
were given our sewage capacity warning form. They were also told about our ongoing
studies and our vote on November 6th for the 3/4 cent sales tax as the proposed method
of paying for the sewage treatment plant improvements. I do want to make sure the
Commission is comfortable and that you know that staff is always talking with ourpublic
works division anytime we do have large developments come forward I do make sure that
they are aware of what is on our agenda. For example, last August when we looked at
those 500 apartment units with The Cliffs and Shiloh West out on Wedington. I made sure
they were aware of those apartments. That is the first thing I wanted to let you know.
• 0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, 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 01-19.00 Rezoning (Beard/Center, pp 599) 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 south of 15`" Street between Beechwood Avenue and Razorback Road. The
property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 9.86 acres.
The request is to rezone to C-2, Thoroughfare Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
O Approved O Denied
September 24, 2001
COUNCIL ACTION: Required. YES
O Approved 0 Denied:
October 16, 2001 (1" reading)
H:I USERSICOMMOMDA WNTIREPOR7SIPCI9-24-011BEARDCENTER_C2.DOC
Planning Commission
September 24, 2001
RZNOI-19 Beard/Center
Page 5.1
•
C
Comments:
srtnZ.lii1 PIa
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.
The major intersection of Razorback Road and 151h 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 comer 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 15t}, 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.
SURROUNDING LAND USE AND ZONING
North: Baum Baseball Stadium / Tyson Indoor Track Complex, I-1
South: Vacant, R-2
East: I-1, Vacant
West: Vacant, I-1
H.9 USERSI COMMONI DA WN71 REPOR7SI PC I9-24-OI I BEAPDCENTER_C2. DOC
Planning Commission
September 24, 2001
RZN01-19 Beard1Center
Page 5.2
0
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'h Street (Hwy 16)
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to C-2, Thoroughfare Commercial is not consistent with the land use plan. However the
requested zoning is compatible with surrounding land uses in the area as they have been
established and driven by the University of Arkansas.
FINDINGS OF THE STAFF
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: While a commercial zoning is a departure from the Future Land Use Plan in
this location, it is consistent with the established uses in this area. The
University of Arkansas has developed many properties in this area as
parking and sports related facilities. An extension of this type of
development into a commercial area as proposed is in keeping with the
character of the area. Natural buffers between this property and residential
areas to the south are in place in the form of a creek with associated
floodplain and vegetation.
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 justified at the time. The subject property is vacant
and not proposed to develop with an industrial use. The current zoning
limits the potential uses of this property and is no longer consistent with
adjacent properties.
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
1C 1 USERS I COMMON I DA WN71 REPORT S I PC I9-24-011 BEARDCENTER_C2. DOC
Planning Commission
September 24, 2001
RZN0I-19 Beard/Center
Page 5.3
and congestion. This area has adequate opportunities for access onto
principal arterial streets and is within close proximity to I-540, Sixth Street
(Hwy 62) and Fifteenth Street (Hwy 16).
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.
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: I USERS I COMMOMDA WNr1 REPORTSI PC19-24-0 J I BEARDCENTER_C2. DOC
Planning Commission
September 24, 2001
RZN0I-19 Beard/Center
Page 5.4
§161.14 DISTRICT C-2 THOROUGH-
FARE COMMERCIAL.
A. Purpose. The Thoroughfare
Commercial District is designed especially to
encourage the functional grouping of these
commercial enterprises catering primarily to
highway travelers.
B. Uses.
1. Permitted Uses.
Unit
I
City -Wide Uses by Right
Unit
4
Cultural and Recreational
Facilities
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
14
Hotel, Motel and Amusement
Facilities
Unit
15
Neighborhood Shopping Goods
Unit
16
Shopping Goods
Unit
17
Trades and Services
Unit
18
Gasoline Service Stations and
Drive -In Restaurants
Unit
19
Commercial Recreation
Unit
20
Commercial Recreation, Large
Sites
Unit
24
Outdoor Advertising
Unit
33
Adult Live Entertainment Club or
Bar
2. Uses Permissible on Appeal
to the Planning Commission.
Unit 2 City -Wide Uses by Conditional
Use Permit
Unit 2
City -Wide Uses by Conditional
Use Permit
Unit
3
Public Protection and Utility
Facilities
Unit
21
Warehousing and Wholesale
Unit
28
Center for Collecting Recyclable
Materials
Unit
32
Sexually Oriented Business
C. Bulk and Area Regulations.
Setback lines shall meet the following minimum
requirements:
From
Street ROW
50 ft.
From
Side Property Line
None
From Side Property Line
When Contiguous to a
Residential District
15 ft.
From
Back Property Line
20 ft.
D. Building Area. On any lot the area
occupied by all buildings shall not exceed 60%
of the total area of such lot.
E. Height Regulations. In District C-2
any building which exceeds the height of 20 feet
shall be set back from any boundary line of any
residential district a distance of one foot for each
foot of height in excess of 20 feet. No building
shall exceed six stories or 75 feet in height.
(Code 1991, §160.036; Code 1965, App. A, Art.
5(VI); Ord. No. 1747, 6-29-89; Ord. No. 1833,
I 1-1-71; Ord. No. 2351, 6-2-177; Ord. No.
2603, 2-19-80; Ord. No. 4034, §§3,4, 4-15-97)
H:1 USERSICOMMONIDA WN7IREPOR7SIPC19-24-07 IBEARDCENTER_C2.DOC
Planning Commission
September 24, 2001
RZN01-19 Beard/Center
Page 5.5
Lindsey & Associa es, Inc.
COMMERCIAL/ INDUSTRIAL DIVISION
3801 WEST WALNUT • ROGERS, AR 72756 • (501) 621-5400
1-800-658-4012 • FAX (501) 636-6317
September 4, 2001
The City of Fayetteville
Fayetteville Planning Commission
113 W. Mountain Street
Fayetteville, AR
RE: Rezoning for approximately 9.86 acres, located on Hwy. 16, west of the
intersection of S. Razorback Road and Hwy. 16, Fayetteville, AR (See
attached Exhibit A)
Gentlemen:
This date I have submitted an application for rezoning approximately 9.86
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.
.l
The property is currently zoned The prospective Buyers have
requested the zoning change with the future expectation of developing the
property for thoroughfare commercial use. The property has road frontage on
State Hwy. 16.
A change in the zoning will affect the surrounding property in that there
will be commercial use on land that has been vacant. The land lies across the
street from Baum Baseball Stadium, Randall Tyson Indoor Track Complex and
additional parking for the University. The requested rezoning is in keeping with
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 nr #'ne cci 4 Side cA ?nzc nc\c
Planning Commission
September 24, 2001
Bmiwnuu RZN0I-19 Beard/Center
MEMBER
Page 5.6
S •
Sewer is located RUNnO * cxt1d Sn\
This .s a 1D" 1�c\a.
I am presenting this information on behalf of the current owners.
Respectfully
submitted,
Bill McClard
Lindsey & Associates, Inc.
Planning Commission
September 24, 2001
RZN01-19 Beard/Center
Page 5.7
RZN 01-19.00
Future Landuse
BEARD / CENTER
:. - :I
:: :: :Mixed Use. .. : : . ..•:: �:::: , : :: : :
: .. . . . . . .. - - . .. : . ... .. . . .. . . . . :. or .. . Mixed Use . -
- - - * .. ---* ---------------* - - . . .
Overview
Legend
f �
Subject Property
Streets
Boundary
�'•i
i
RZN01-19.00
'"„ Planning Area
Planned
acct o Overlay District
L_.
1-;J
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OCCccO
L _ _I City Limits
Planning Commission
September 24, 2001
Page 5.8
0 •
Page 5.10
SEP-26-2001 09:29 MERRILL LYNCH 501 254 3140 P.02/02
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MSTAFF 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 042001
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Public Works
Department
ACTION REQUIRED: To approve an ordinance for RZN 01-19 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 south of 15th Street between Beechwood
Avenue and Razorback Road. The property is zoned I-1, Heavy Commercial/Light
Industrial and contains approximately 9.86 acres. The request is to rezone to C-2,
Thoroughfare Commercial.
COST TO CITY:
Cost of this Request
Category/Project Budget
Category/Project Name
Funds Used To Date
Program
Name
Account Number
Remaining Balance
Fund
Project Number
BUDGET REVIEW:
Budgeted Item Budget
Adjustment
Attached
Administrative Services
Director
Budget Manager
CONTRACT/GRANT/LEASE
REVIEW: GRANTING AGENCY:
Date Internal Auditor
Date
Accounting Manager
r27,24
/
Date ADA Coordinator
Date
City orney
Date
Purchasing Officer
STAFF RECOMMENDATION: Staff recommended approval and on September 24,
2001, Planning Commission unanimously voted 6-0-0 to recommend approval and
to forward the rezoning along with access easement documentation to the City
Council.
/0- f- u/
Division He& Date
ive Servicesf Director
Mayor
`8-a
Date
4*Dt
Date
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number:
FAYETTEV1LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDEN
To: Tim Conklin, Planning Division
From: Heather Woodruff, City Clerk
Date: December 6, 2001
Please find attached a copy of Ordinance No. 4353 approving RZN 01-19.00 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 south of 15`h Street between Beechwood Avenue and
Razorback Road. The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
010 03 23t of Fayetteville
Update Index Maintenance •
Document Ite Action
Reference Date Ref. Taken Brief Description
ORD 12042001 4353 REZONING RZN 01-19.00
Enter Keywords........: ORD. 4353Q
REZONING
RZN 01-19.00
9.86 ACRES
SOUTH 15TH STREET
BEECHWOOD AVENUE
RAZORBACK ROAD
MCCLARD, BILL
BEARD,CENTERCYNTHIA
III. WILLIAM M.
File Reference #......: MICROFILM
Security Class........:
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
12/11/2001
8:43:21
Retention Type:
**** Active
Cmdl-Return
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Press 'ENTER'
to Continue
Cmd5-Abstract
Yes No
(c) 1986-1992
Munimetrix
Systems Corp.
SEP-26-2001 09:44 CRAFTON TULL FAYETTEUILLE 501 442 6966 P.02'03
• •
Legal Description for Access Easement onto Razorback Road
Tom Broyles & John Ellis
Rezoning for property at Razorback & 15`—"
CTA No. 013026-00
From the NE comer of the NW1/4 of the SE1/4 of Section 20, Township 16 N,
Range 30 West, City of Fayetteville, Washington County Arkansas, 128.24 N
87°13'22" W; thence 108.64' S 2°36'48" W; thence 90.32' S 2°42'57" W; thence
160.96'S 3°24'21" W; thence 136.51' S12°40'55" W; thence 156.93' S1B°21'12"
W; thence 126.77' S28°16'46" W to the Point of Beginning; thence 105.15' N
71°38'57" W; thence 22.53' S 14°4706" E; thence 65.27' S 3°55'33" E; thence
29.95' S 27°50'25" E; thence 33.33' S 71°38'57" E; thence 24.87' N 18°21'12" E
thence 76.27' N 28°16'46" E to the Point of Beginning, containing 7,095 square
feet more or less.
SEP-26-2001 09:44 CRFFTON TLLL FAYETTEVILLE
100 50 0 100 ;j
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22.53'
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(or FAYETTEMLLE
{ COORDINATE SYSTEM ; j
ACCESS EASEMENT
FOR
JOHN ELLIS & TOM BROYLES
FAYETTEVILLE, ARKANSAS
rTA Mn fit 1 R —m
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501 442 6966 P.03/03
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NE NR
NWr//4
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T-1$-14 R —JO —W
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.CraftTull & Associates
2345 den Aaee R72s
PoN. Arkneoe 72701
node: 501-M3-4639
Job Number
013026-00
TOTAL P.03