HomeMy WebLinkAboutOrdinance 4370 ED FOR RECOR '
002 fl1flR 19 Hn 8 57
ORDINANCE NO, 4370 WAS HIna ' ', " '•• -
B. STAMPS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-2.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .94 ACRES LOCATED AT
THE NORTHEAST CORNER OF JOYCE BLVD. AND CROSSOVER
ROAD, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY CRAIG
HULL OF NICKLE-HILL GROUP, INC. ON BEHALF OF ANDY BETHELL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From C- 1 , Neighborhood Commercial to C-2, Thoroughfare Commercial as
shown 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 19`h day of February, 2002.
APPROVED:
By: hm 601440��
DAN COODY, M or
A S' ,
y r'j�%odruff, City Clerk
2002036647
E
Ord , 4370 a
EXHIBIT "A"
A TRACT OF LAND IN THE S 1/2 NW 1/4 OF SECTION 30, TOWNSHIP 17 NORTH, RANGE
29 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF S1/2 NW 1 /4 NW 1 /4;
THENCE N00°25' 14"E ALONG THE EST LINE THEREOF, 22.0 FEET; THENCE N89°33'55"W
25 .0 FEET TO THE P.O.B. THENCE S89033'55 "W 76.0 FEET TO A POINT ON THE EAST
RIGHT OF WAY OF HIGHWAY "265 " ; THENCE N29° 17'57"W ALONG SAID RIGHT OF
WAY, 501 . 10 FEET; THENCE S89°33'55 "E 324.43 FEET; THENCE S00025'14"W, 435 . 13 FEET
TO THE POINT OF BEGINNING, CONTAINING 2.00 ACRES, MORE OR LESS . SUBJECT
TO AN EXISTING RIGHT OF WAY FOR JOYCE 25 .0 FEET IN WIDTH, AS MEASURED
FROM THE EXISTING CENTER LINE, ALONG THE EAST AND SOUTH BOUNDARIES
THEREOF.
2002006648
I, Bette stamps, Circuit Clerk and x- ,UO R ry
for Washington County. Arkansas, office as
that this
instnnnenr was 11, * ismfd now1n mY du y reoorded
Indicated hereon and ee t and mr&cte tnerson
with the acimaw)�and Page as indicat=ed thereon.
in Record Boo
N WITNESS WHEREOF, I have harecntc set my
I
hand and aIW1 the sea)) of said Court on the date Indi-
cated herein.
Stama
Cir tk d E,-Officio Recorder
i •
NAME OF FILE: Ordinance No. 4370
CROSS REFERENCE:
02/19/02 Ordinance No. 4370
Exhibit "A" (Legal Description of RZN 02-2 .00)
01 /18/02 Planning Division Correspondence
01 /14/02 Planning Commission (Pages 25-26)
01 /07/02 Planning Division Correspondence
12/ 19/01 Letter to Tim Conklin, Planning Director, from Craig Hull, Nickle-Hill
Group, Inc.
02/05/02 Staff Review Form
I
02/26/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
03 / 16 /02 Proof of Publication
Bi D 5 R
NOTES:
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-2.00 FOR A PARCEL
CONTAINING APPROXIMATELY 1 .94 ACRES LOCATED AT THE
NORTHEAST CORNER OF JOYCE BLVD. AND CROSSOVER ROAD,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY CRAIG HULL OF
NICKLE-HILL GROUP, INC. ON BEHALF OF ANDY BETHELL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described
property is hereby changed as follows:
From C- 1 , Neighborhood Commercial to C-2, Thoroughfare Commercial as
shown 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 2002.
APPROVED:
TAp►FT
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
A TRACT OF LAND IN THE S1 /2 NW 1/4 OF SECTION 30, TOWNSHIP 17 NORTH, RANGE
29 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF S1 /2 NW 1 /4 NW 1 /4;
THENCE N00025' I4"E ALONG THE EST LINE THEREOF, 22.0 FEET; THENCEN89°33'55"W
25.0 FEET TO THE P.O.B. THENCE S89033'55"W 76.0 FEET TO A POINT ON THE EAST RIGHT
OF WAY OF HIGHWAY "265 " ; THENCE N29° 17'57"W ALONG SAID RIGHT OF WAY, 501 . 10
FEET; THENCE S89°33'55"E 324.43 FEET; THENCE S00°25' 14"W, 435. 13 FEET TO THE POINT
OF BEGINNING. CONTAINING 2.00 ACRES, MORE OR LESS. SUBJECT TO AN EXISTING
RIGHT OF WAY FOR JOYCE 25.0 FEET IN WIDTH, AS MEASURED FROM THE EXISTING
CENTER LINE, ALONG THE EAST AND SOUTH BOUNDARIES THEREOF.
FAYETTEVILLE
0
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
THRU: Hugh Earnest, Urban Development Director
FROM: Tim Conklin, A.I.C.P., City Planner
DATE: January 18, 2002
BACKGROUND
RZN 02-2.00: Rezoning was submitted by Craig Hull ofNickle-Hill Group, Inc. on behalf of Andy
Bethell for property located at the northeast corner of Joyce Blvd. and Crossover Road. The
property is zoned C- 1 , Neighborhood Commercial and contains approximately 1 .94 acres. The
request is to rezone to C-2, Thoroughfare Commercial.
The subject property is currently vacant. It is surrounded on three sides by streets designated as
principal arterials (Joyce Blvd. and Crossover Rd.) and a collector street (Joyce Blvd.) on the City' s
Master Street Plan. The Future Land Use Plan calls this area out as part of a Community
Commercial node surrounding the intersection of Crossover Rd. and Joyce Blvd.
The applicant is requesting that this tract be rezoned from C- 1 , Neighborhood Commercial to C-2,
Thoroughfare Commercial. The proposal is to develop the property to include a liquor store in
addition to other uses which have not been determined at this time. A Bill of Assurance has been
drafted in which the applicant proposes to limit the uses permitted on this site to those uses allowed
in the C- 1 district including the additional use of a liquor store.
In this area, the only C-2 zoned property is located west of the subject property and was recently
rezoned with a Bill of Assurance offered by the applicant that restricts the uses of the property to
those permitted in the C- I district and a liquor store.
CURRENTSTATUS
The Planning Commission voted 9-0-0 to recommend the City Council approve the requested
rezoning from C- 1 to C-2 subject to a Bill of Assurance limiting the use of the property to a liquor
store and uses allowed in the C- 1 zoning district.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the requested rezoning.
Planning Commission
January 14, 2002
Page 25
RZN 02-2.00: Rezoning (Bethell, pp 177) was submitted by Craig Hull ofNickle-Hill Group, Inc. on P1
behalf of Andy Bethell for property located at the northeast comer of Joyce Blvd. and Crossover Road. r
The property is zoned C-1 , Neighborhood Commercial and contains approximately 1 .94 acres. The
request is to rezone to C-2, Thoroughfare Commercial.
Estes: The next item on the agenda is item number four RZN 02-2 a rezoning submitted by Craig
Hull ofNickle-Hill Group, Inc. on behalf of Andy Bethell for property located at the
northeast corner of Joyce Blvd. and Crossover Road. The property is zoned C- 1 ,
Neighborhood Commercial and contains approximately 1 .94 acres. The request is to
rezone to C-2, Thoroughfare Commercial. Staff recommends approval ofthe requested
rezoning subject to the Bill ofAssurance offered by the applicant which restricts the uses
allowed on this property to those permitted in the C-1 zoning district and including the use
of the property for a liquor store and based on the findings that are included in your report.
Is the applicant present?
Hull: Yes.
Estes: Would you state your name and give us the benefit of your presentation please?
Hull : Mr. Chairman, my name is Craig Hull with the Nickle Hill Group. I am representing Andy
Bethell where he has applied for a liquor permit for this site. The subject property is a
triangular shaped piece ofground just to the east of Crossover Road at Joyce Street and
a high traffic area. The C-2 designation requested would allow the applicant to do the
drive in window necessary for his business. We do not at this time have a full definition of
the other uses but they would conform with the C-1 zoning district for the remainder of the
project and is certainly subject to all of the large scale development process ahead of it.
The surrounding property to the west is all turned commercial. There is no doubt that this
is a commercial corridor so if there are other questions I will be glad to answer them.
Estes: Thank you Mr. Hull. Is there any member of the audience that would like to offer public
comment on this rezoning request 02-2.00? Seeing none, I 'll bring it back to the
Commission for discussions, comments and motions.
Motion:
Marr: I will recommend approval for RZN 02-2.00 because this is the only method today under
which we can deal with this. I do want to reiterate, I think at agenda session one of the
things that I asked and I think that you actually formally requested it that we address this
as an agenda item tonight to have the ability to draft something to present to the City
Planning Commission
January 14, 2002
Page 26
Council with our City Attorney that allows us to do conditional use liquor stores in a C- 1
so we don't have to change the zoning to be able to do that. Since this is our remedy
today and I certainly think it is appropriate in this corner I will move for approval.
Estes: We have a motion by Commissioner Marr to recommend approval of RZN 02-2.00 is
there a second?
Hoffman: I'll second.
Estes: We have a second by Commissioner Hoffman is there any discussion? We have a motion
by Commissioner Marr and a second by Commissioner Hoffman to recommend approval
of RZN 02-2 are there any comments, questions for the applicant or any farther
discussion? Renee, would you call the roll please?
Roll Call: Upon the completion ofroll call the motion to forward RZN 02-2.00 was approved by a
vote of 9-0-0.
Estes: The motion passes by a unanimous vote and will be forwarded onto the Fayetteville City
Council for its determination and consideration. Thank you Mr. Hull.
Williams: I will say that when this does go before the City Council I will also pass on your
recommendation that this can be done by a conditional use and if the City Council seems
to be of the mind to do that then we will present an ordinance to that effect.
Estes: Thank you Mr. Williams.
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, Senior Planner P
C
THRU: Tim Conklin, A.I.C.P., City Planner 0
DATE: January 7, 2002
RZN 02-2.00: Rezoning (Bethell, pp 177) was submitted by Craig Hull of Nickle-Hill Group,
Inc. on behalf of Andy Bethell for property located at the northeast comer of Joyce Blvd. and
Crossover Road. The property is zoned C- 1 , Neighborhood Commercial and contains
approximately 1 .94 acres. The request is to rezone to C-2, Thoroughfare Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning subject to the Bill of Assurance
offered by the applicant which restricts the uses allowed on this property to those
permitted in the C-1 zoning district and including the use of the property for a liquor store,
based on the findings included as part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: January 14, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: February 5, 2002
Comments:
H:IUSERSICOMMONWA f{Nr1REPORTSIPC11002 REPORTYBETHELL RZN01-AOC
BACKGROUND:
The subject property is currently vacant. It is surrounded on three sides by streets
designated as principal arterials (Joyce Blvd. and Crossover Rd.) and a collector street
(Joyce Blvd.) on the City's Master Street Plan. The Future Land Use Plan calls this area
out as part of a Community Commercial node surrounding the intersection of Crossover
Rd. and Joyce Blvd.
The applicant is requesting that this tract be rezoned from C-1 , Neighborhood Commercial
to C-2, Thoroughfare Commercial. The proposal is to develop the property to include a
liquor store in addition to other uses which have not been determined at this time. A Bill of
Assurance has been drafted in which the proposes to limit the uses permitted on this site to
those uses allowed in the C-1 district including the additional use of a liquor store.
In this area, the only C-2 zoned property is located west of the subject property and was
recently rezoned with a Bill of Assurance offered by the applicant that restricts the uses of
the property to those permitted in the C-1 district and a liquor store.
SURROUNDING LAND USE AND ZONING
North: Vacant, A- 1
South: Vacant, R-O
East: Vacant, A-1
West: Gas Station / C-store / Car wash, CA
INFRASTRUCTURE:
This site is served by several streets designated on the City's adopted Master Street Plan as
higher level traffic-ways. Joyce Blvd. west of the property is classified as a principal arterial and
has recently been improved through a City CIP project. Crossover Road which runs north-south
along the western property line is a state highway (Hwy 265) and is classified on the City' s
Master Street Plan as a principal arterial. Joyce Blvd. is proposed on the City's plan to be
extended to the east in the future. Currently, the section of Joyce Blvd. which runs north along
the east side of the subject property, is not improved and will need to be reviewed at the time of
development of this site.
Water and sewer are both located along Crossover Rd. Extension of utilities to serve this site
will be the responsibility of the developer.
H:IUSERSICOMMOMDAW71REPOR7SIPC0002 REPORT"ETHELL RZN02-IDOC
® 0
LAND USE PLAN: General Plan 2020 designates this site Community Commercial. Rezoning
this property to C-2, Thoroughfare Commercial is consistent with the land use plan and
compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. This area is a
designated commercial node on the City's adopted Future Land Use Plan.
The request for C-2 zoning is consistent with that plan which shows this area
to develop with Community Commercial land uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified at this time in that the proposed change is in
keeping with the City's adopted Future Land Use Plan. Aside from a small
tract immediately west of the subject property, which was recently rezoned
with a Bill of Assurance offered by the applicant to limit the use of the
property to a liquor store and all uses allowed in the C-1 district, there is no
C-2 zoning in this part of the City. The closest C-2 zoned property is located
approximately one mile west on Joyce Blvd. While the existing C-1 zoning on
this property allows for a variety of neighborhood commercial services, a
liquor store specifically requires C-2 zoning.
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. This property is located at the intersection of two streets
designated on the City's Master Street Plan to carry large volumes of traffic.
The intersection is signalized which will aid in the traffic movements to and
from this site.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning will not alter population density.
H:IUSE)MCOMMOMDA WNnREPOR73IPC0002 REPORTSWETHELL RZN02-2DOC
n
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: I USERSICOMMOMDA HNT REPORTSIPCI2002_REPORTSIRETHELL_RZN02-IDOC
§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 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, 11-1-
71; Ord. No. 2351, 6-2-177; Ord. No. 2603, 2-19-80;
Ord. No. 4034, §§3,4, 4-15-97)
H:1 USERSICOMMONIDA HN7[REPOR7SIPC12002_REPOR7SIBETHELL_RZN02-DOC
C
C
§161.13 DISTRICT C-1 NEIGHBOR -HOOD
COMMERCIAL.
A. Purpose. The Neighborhood
Commercial District is designed primarily to provide
convenience goods and personal services for persons
living in the surrounding residential areas.
B. Uses.
1. Permitted Uses.
Unit
I
City -Wide Uses by Right
Unit
12
Offices, Studios and Related
Services
Unit
13
Eating Places
Unit
15
Neighborhood Shopping
Unit
18
Gasoline Service Stations and Drive -
In Restaurants
Unit 25
Professional Offices
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
C. Bulk and Area Regulations/Setbacks.
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
10 ft.
From Back Property Line
20 ft.
D. Building Area. On any lot the area
occupied by all buildings shall not exceed 40% of the
total area of such lot.
E. Height Regulations. There shall be no
maximum height limits in C-1 District, provided,
however, that any building which exceeds the height
of ten 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 ten feet.
(Code 1991, §160.035; Code 1965, App. A, Art.
5(V); Ord. No. 1747, 6-29-89; Ord. No. 2603, 2-19-
80)
H: I USERSICOMMOMDA WN7IREPORTW'C12002_BEPORTSIBETHELL_RZN02-27OC
RZN02-2A0
Close Up View
0
x-0
Overview
C
Cz
Legend
Subject Property Boundary 1 Master Street Plan
® RZN02-2.00 "N... Planning AMa '/ Freeway/Expressway
0 o Overlay District Principal Medal
Streets 000_000
'\, Dds5ng L• —
I City Limits ' %.i Minor Medal
Outside City 0 % - Collector
. Planned 00%a Nlstodc Collector
0 75 150 300 450 600
Feet
A-1
BETHE.LL
Ib
SUBJECT PROPERTY
rs
Al
NICS-HILL GROUP, INC. •
Commercial Real Estate Services
202 Sunbridge Drive, Fayetteville, Arkansas 72703 Bus: 501-571-1111 Fax: 501-571-2931
December 19, 2001
Mr. Tim Conklin, Planning Director
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Joyce & Crossover (NE Corner) Tax Parcel # 765-13242-001
Part of SW 1/2 of the NW 1/4 of the NW 1/4 of Section 30 Township 17 N, Range 29 West,
Fayetteville, Washington County, Arkansas
Current Owner: Mitchell Oil Company, Inc. Applicant and Prospective Owner: Andy Bethell
Authorized Agent / Representative: Craig Hull, CCIM, AICP Nickle-Hill Group, Inc.
Dear Mr. Conklin:
Please accept this letter and attachments as our request to rezone the property located at the
northeast comer of Joyce and Crossover (State Highway 265) from C -I to C-2. The subject comer
is particularly well suited for highway commercial establishments that would benefit from such
conveniences as drive through windows as allowed in the higher zoning classification.
Traffic flow on Highway 265 at this intersection is quite high, with total movements through the
intersection recorded at some 30,000 vehicles per day according to a recent count by the City's
Traffic Department. Peak traffic at rush hours does not lend itself to "neighborhood commercial"
uses, as the current zoning designation would allow. More intense commercial uses should be
congregated at major intersections in accordance with the City's Future Land Use Plan, and this re-
zoning would be in general compliance with that plan.
Commercial uses to the west will not be adversely impacted by the proposed development, and the
current owners have required a deed restriction as a condition of sale that would prevent the
installation of a gas station / convenience store at this comer for at least seven years. The applicant
will submit a copy of the deed with the restrictions to the City Planning Department promptly upon
closing the transaction. Undeveloped land to the north, south, and east has yet to become urbanized.
No single family residences are within close proximity of the subject site.
Questions related to signage and commercial design standards will be dealt with at the time of a
Large Scale Development application, and are deemed not to be applicable at this time. City utilities
are available across the road in the Crossover right of way, and some directional boring may be
necessary for access to water and sewer. A 36 inch water line lies along Joyce and angles NE along
crossover. Taps are not allowed into the main, so service will likely come from a 12 inch line on the
Brokerage • Leasing • Consulting • Management
Office • Retail • Industrial • Multifamily • Land
•
Rezoning Request Joyce & Crossover— 12/19/01
west right of way. An 8 inch sewer line and a manhole is available at the intersection of Millenium
Drive and the west side of Crossover. Boring beneath Highway 265 is required for this connection
as well. These issues will likewise be dealt with at the appropriate time, and in W compliance with
all applicable city and State Health Department requirements.
My client recognizes the factors involved in further development of the site, including the right of
way dedications necessary to comply with the Master Street Plan and the issues generally decided in
a Large Scale Development application. Although final development plans are not yet in place, the
need for certainty regarding the C-2 zoning designation is required in order for the real estate
transaction to be completed. Curb cuts along either road, Arkansas Highway and Transportation
Department pemrits, commercial design standards, compliance with the Tree Preservation
Ordinance, Landscaping, Sidewalks and Trails requirements and stormwater detention / drainage
issues are all matters that will be strictly attended to in the Large Scale Development application.
We appreciate the cooperation and assistance of the City of Fayetteville in making this project a
success.
Sincerely,
3i
Craig Hull,(.ICP, CCIM
CC: Andy Bethell
Conway Massey
• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 5, 2002.
FROM:
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUIRED: To approve an ordinance for RZN 02-2.00 as submitted by
Craig Hull of Nickle-Hill Group, Inc. on behalf of Andy Bethell for property
located at the northeast corner of Joyce Blvd. and Crossover Road. The
property is zoned C-1, Neighborhood Commercial and contains approximately
1.94 acres. The request is to rezone to C-2. Thoroughfare Commercial.
COST TO CITY:
Cost of this Request
Account Number
Category/Project Budget
Funds Used To Date
Category/Project Name
Program Name
Project Number Remaining Balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounti nager Date
D riot -
City torney Date
Purchasing Officer Date
Internal Auditor
ADA Coordinator
Date
Date
STAFF RECOMMENDATION: Staff recommended approval and on January 14, 2002
Planning Commission voted 9-0-0 to recommend approval subject to a Bill of
Assurance limiting the use of the property to a liquor store and uses
allowed in a C-1 zoning district and to forward the rezoning to the City
Council.
Date
Date
Date
to
Cross Reference
New Item: Yes
Prev Ord/Res #:
Orig Contract Date:
Orig Contract Number:
FAYETTEV?LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Division
From: Heather Woodruff, City Clerk
Date: February 26, 2002
Please find attached a copy of Ordinance 4370 rezoning that property described in rezoning
petition RZN 02-2.00. The original will be microfilmed and filed with the City Clerk
cc: Nancy Smith, Internal Auditor
010 03 Cit of Fayetteville
Update Index Maintenance
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Reference Date Ref. Taken Brief
ORD 2192002 4370 RZN 02-
Enter Keywords........:
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ORD. 4370
2/27/2002
13:29:18
Description
2.00/JOYCE & CROSSOVER
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AFFIDAVIT OF PUBLICATION
1, ffjoaA4_ , do solemnly swear that I am Legal
Clerk of the Arkansas Democrat -Gazette newspaper, printed and published
at Lowell, Arkansas, and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ord KJo. 137n
was inserted in the regular editions on:
4 ?CO
** Publication Charge $ . % 0
Purchase Order
Subscribed and sworn to before me this
d. day of l ___ 2002
n n111
Notary Public `J
My Commission expires:
'-othcial Seal
TAMMY ALLEN
Notary ptrDlic-Arkansas
WASHINGTON COUNTY
omission Expires 11.05.2011
** Please do
RECF°fro
MAR 25 2002
CITY CLERK'S OFFICE
sent.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF FAY-
EITEVILLE, ARKANSAS:
Section 1: That the zone classifi-
cation of thefollowing
cllowing described
popely Ls m f
C-1, Neighborhood
From Com-
mercial to C-2, Thoroughfare Com-
mercial as shown in Exhibit *A at-
tached hereto and made a part
hereof.
Section 2: That the official zoning
map of the City of Fayenevilie, Arkan-
sas, is hereby amended to reflect the
zoning change provided In Section I
above.
PASSED and APPROVED this
19th day of February, 2002.
APPROVED:
By: DAN COODY, MAYOR
ATTEST:
Jan -25-02 02:12P NICKLF-HILL GROUP, INC. 501 56 1111 P.02
Jan -21-02 02:51P NICK HILL GROUP, INC. 501 1111 P.01
MICROFILMED 0R3. 370
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a rezoning reclassification, the
owner, developer, or buyer of this property. (hereinafter "Petitioner") George A. Bethell, hereby
voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with
the City of Fayetteville. Arkansas regarding the following property: Joyce & Crossover.(NF,
Comer) Tax Parcel N 765-13242-001 Part of SW 1/2 ofthc NW 114 of the NW.1 4 of Section 30
Township 17. N. Range 29 West. Fayetteville• Washington County. Arkansas. 1.94 acres more or
less.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all
of the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County,
Arkansas and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate am'
term of this 13111 of Assurance, substantial irreparable damage justifying injunctive relief has been
done to the citizens and City of Fayetteville, Arkansas. The petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all
of the terms and conditions within this Bill of Assurance in considering whether to approve
Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property
shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City
Council.
1. The use of Petitioner's property shall be limited to: Liquor Store. Bank or uses
permitted in the C=l Neighborhood Commercial Zoning District per City of
Fa etty eville Uniform Development Code effective Februarv5, 2002,
2. Specific activities will not be allowed upon Petitioner's property include: Used Car
I
Petitioner specifically agrees that all such restrictions and terms shall run with the land
and bind all future owners unless and until specifically released by Resolution of the Fayetteville
City Council. This Bill of Assurance shall be tiled for record in the Washington County Circuit
Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat of
Large Scale Development which includes some or all of Petitioner's property.
Bill of Assurance
George A. Bethell
Jan -25-02 02:36P NICKLHILL GROUP, INC. 501 5 1111 P.02
Jan -21-02 02:51P NICK HILL GROUP, INC. 501 1311 P.02
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, 1, George A. Bethell, as owner, developer or buyer (Petitioner) voluntarily offer all such
assurances and sign my name below.
JAniU0. Z y, Zoot
Date
Address
r eYTa.v� -4 nio'
City, State & Zip code
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON
&EOR&E A. &THELL
George A. Bethell
Si lure
And now on this the � day ol'January, 2002, appeared before me George A.
Bethell and after being placed updn his oath swore or ati'umed that he agreed with the terms of
the above Bill of Assurance and signed his name above.
My Commission Expires
OFFICIAL SEAL
--CRU C FULTON HULL
NOTARY. ARKANSAS
WASHINGTON COUNTY
COMMISSION EXP. 10.27-03
Bill ofAssurance
George A. Bethell