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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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.