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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. m x X LID 2002006769 br'Weahin� to�, Circuli Cterk and Ex-officio Recorder 8 �uas filedkfors ' do hereby cerify that this instrument w indicated her and record in my with the acknowl gement an I now duly office in Book ed em a record Record and P certificate thereon JN WITNE age as indicated thereon. hand an SS WHEREOF 1 have he set my cetOd h SS the seal Court on the date indl- Y ps it ark and Ex.ofr,Go Recorder by 0 0 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.