HomeMy WebLinkAboutOrdinance 4400 ORDINANCE NO. 4400
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02- 13 .00 FOR A PARCEL CONTAINING
APPROXIMATELY 32.62 ACRES KNOWN AS CMN BUSINESS PARK
H. PHASE I. LOT IA, FAYETTEVILLE, ARKANSAS, AS SUBMITTED
BY MEL MILHOLLAND ON BEHALF OF MARJORIE BROOKS,
NANCHAR, INC., AND BRISTOL DEVELOPMENT GROUP, LLC
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-2, Thoroughfare Commercial, to RMF- 12, Moderate Density Multi-Family
Residential, 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 4`" day of June, 2002 .
APPROVED :
D COODY, Mayor
• < jiCn
y o
M
� ? 6 O
y. o
Bather Woodruff, City Clef A o v 70
3
NO O
.t W O
20 ;'i '' " 71 779
Ord . 4400
EXHIBIT "A"
LOT ONE A ( 1 A) OF CMN BUSINESS PARK H, PHASE I DESCRIBED AS FOLLOWS : A
PART OF THE W %a OF THE SW %4 OF SECTIN 23, T- 17-N, R-30-W, MORE PARTICULARLY
DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTOIN;
THENCE ALONG THE WEST BOUNDARY OF SAID SECTION N 02-25-28 E 842.08 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY N 02-25-28
E 1097. 18 FEET TO THE CENTELRINE OF CLEAR CREEK; THENCE ALONG SAID CREEK
CENTERLINE N 74-35- 14E 408 .33 FEET, S 86-43-46 E 293 .08 FEET, N40-49- 18 E 328.07 FEET,
S 73-58-43E 101 .01 FEET, S 01 - 14- 16 E 84.92 FEET, S 21 -33-25 E 76. 55 FEET, N 85-57-34 E
159.41 FEET, AND N 60-09-29 E 173 .40 FEET TO THE EAST BOUNDARY OF SAID 80 ACRE
TRACT; THENCE ALONG SAID BOUNDARY S 02-38-39 W 994.93 FEET TO THE NORTH
RIGHT-OF-WAY OF STEELE BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY N 87-
21 -21 W 218. 75 FEET TO THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF
235 .00 FEET AND A DELTA ANGLE OF 66-06-07; THENCE ALONG SAID CURVE AN ARC
DISTANCE OF 271 . 12 FEET, HAVING A CHORD BEARING AND DISTANCE OF S 59-35-36
W 256.33 FEET; THENCE S 26-32-32 W 124.63 FEET; THENCE LEAVING SAID RIGHT-OF-
WAY N 63-27-28 W 260. 17 FEET; THENCE S 66-03-55 W 154.77 FEET; THENCE S 26-32-32W
314.22 FEET TO THE SOUTHERLY BOUNDARY OF LOT 1 ; THENCE ALONG SAID
BOUNDARY N 72-34-57W 343 .54 FEET TO THE POINT OF BEGINNING, CONTAINING
32.626 ACRES OR 1 ,4211193 . 798 S.F., MORE OR LESS, CITY OF FAYETTEVILLE,
ARKANSAS.
2H, 2, 713S0
IGsrtrty
, Bette Stamps, Circuit Clerk and 6c-officio Re of
for Washington County, Arkansas, rd herebyas
that this instrument was filed for record in my refior ed
indicated hereon and the same d now duly recxded
with the acknowledgement and certificate a hi 10'on
in Record Book and Fag' as indicate! thwe��n.
IN WITNESS WHEREOF, I have herwmce set my
hand and affixed the seal of said Cour. on the date indr
cffied hereon.
We Scamps der
Circuit Clerk and Exoffi R •
by --------'
0 0
NAME OF FILE: Ordinance No. 4400
CROSS REFERENCE:
06/04/02 Ordinance No. 4400
Exhibit "A" (RZN 02-13.00)(approx. 32.62 acres known as CMN
Business Park H, Phase I, Lot IA, Fayetteville, Arkansas, as submitted by
Mel Milholland on behalf of Marjorie Brooks, Nanchar, Inc. and Bristol
Development Group, LLC)
05/09/02 Planning Division Correspondence
05/17/02 Planning Division Correspondence
05/13/02 Planning Commission Minutes (Pages 10- 14)
06/04/02 Staff Review Form
06/05/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-13.00 FOR A PARCEL
CONTAINING APPROXIMATELY 32.62 ACRES KNOWN AS CMN
BUSINESS PARK II, PHASE 1, LOT 1A, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY MEL MILHOLLAND ON BEHALF OF MARJORIE
BROOKS, NANCHAR, INC., AND BRISTOL DEVELOPMENT GROUP,
LLC
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-2, Thoroughfare Commercial, to RMF-12, Moderate Density Multi-
Family Residential, 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:
SRR
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
LOT ONE A (1A) OF CMN BUSINESS PARK II, PHASE I DESCRIBED AS FOLLOWS: A
PART OF THE W '/: OF THE SW '/4 OF SECTIN 23, T-17-N, R-30-W, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF
SAID SECTOIN; THENCE ALONG THE WEST BOUNDARY OF SAID SECTION N 02-25-
28 E 842.08 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING ALONG
SAID BOUNDARY N 02-25-28 E 1097.18 FEET TO THE CENTELRINE OF CLEAR
CREEK; THENCE ALONG SAID CREEK CENTERLINE N 74-35-14E 408.33 FEET, S 86-
43-46 E 293.08 FEET, N40-49-18 E 328.07 FEET, S 73-58-43E 101 .01 FEET, S O1-14-16 E
84.92 FEET, S 21-33-25 E 76.55 FEET, N 85-57-34 E 159.41 FEET, AND N 60-09-29 E 173.40
FEET TO THE EAST BOUNDARY OF SAID 80 ACRE TRACT; THENCE ALONG SAID
BOUNDARY S 02-38-39 W 994.93 FEET TO THE NORTH RIGHT-OF-WAY OF STEELE
BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY N 87-21 -21 W 218.75 FEET TO
THE P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 235.00 FEET AND A
DELTA ANGLE OF 66-06-07; THENCE ALONG SAID CURVE AN ARC DISTANCE OF
271 . 12 FEET, HAVING A CHORD BEARING AND DISTANCE OF S 59-35-36 W 256.33
FEET; THENCE S 26-32-32 W 124.63 FEET; THENCE LEAVING SAID RIGHT-OF-WAY
N 63-27-28 W 260.17 FEET; THENCE S 66-03-55 W 154.77 FEET; THENCE S 26-32-32W
314.22 FEET TO THE SOUTHERLY BOUNDARY OF LOT 1 ; THENCE ALONG SAID
BOUNDARY N 72-34-57W 343.54 FEET TO THE POINT OF BEGINNING, CONTAINING
32.626 ACRES OR 11421 ,193.798 S.F., MORE OR LESS, CITY OF FAYETTEVILLE,
ARKANSAS.
RZN 02- 13.00
CMN Business Park 11, Ph1 , Lot la
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: May 9, 2002
RZN 02-13.00: Rezoning (CMN Business Park I1, ph. I Lot IA, pp 134) was submitted by
Mel Milholland of Milholland Engineering & Surveying on behalf of Bristol Development
Group, LLC for property owned by CMN Properties and located on Lot 1 A of CMN Business
Park II, ph. I. The property is zoned C-2, Thoroughfare Commercial and contains approximately
32.62 acres. The request is to rezone to RMF- 12, Moderate Density Multi-Family Residential.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: May 13, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: June 4, 2002 ( 1 " reading, if recommended)
Comments:
H:IUSERSICOMMONIDARN7IREPOR7SIPCI2002 REPOR7SIBRISTOL RZN01-1DOC
RZN 02- 13.00
CMN Business Park II, Ph1 , Lot la
BACKGROUND:
The subject property is located within the CMN Business Park II, north of Joyce Boulevard and
west of Steele Boulevard, with direct access to Steele Boulevard. The Northwest Arkansas Mall
is east of the property and the City of Johnson city limits are on the north and west sides of the
property. To the south of the property, a commercial development (Party City) is under
construction. The property and surrounding area within the Fayetteville city limits is zoned C-2
Thoroughfare Commercial and is identified as regional commercial in the Future Land Use Plan.
The subject property is part of a lot split request on the May 16, 2002 Subdivision Committee
agenda. Lot I of CMN Business Park II, Phase 1 was originally platted on June 13, 2001 with
35 .82 total acres. The applicant is requesting a lot split to create two lots: Lot la with 32.62 acres
and Lot lb, at the southeast corner, with 3 .20 acres. The rezone request is for Lot la with 32.62
acres. The applicant does not propose to rezone Lot lb, maintaining the zoning designation of C-
2 Thoroughfare Commercial.
The applicant is proposing to construct a luxury apartment development on Lot 1 a. The property
is currently zoned C-2 Thoroughfare Commercial, which does not allow multifamily units. The
request is to rezone Lot la from C-2 Thoroughfare Commercial to RMF- 12 Moderate Density
Multi-Family Residential to allow multifamily units with a maximum density of 12 units per acre
and to decrease the intensity of use at this location.
There has been very little rezoning activity in the immediate area. Rezoning cases that have
occurred have been requests to increase intensity. In this instance, the applicant is requesting a
downzone which will decrease intensity. No previous requests in this area are similar to this case.
SURROUNDING LAND USE AND ZONING
North: The property abuts the Johnson City Limits. The floodway of Clear Creek is to the
north of the property. Properties further north are zoned A- 1 Agriculture and C- 1
Low-Intensity Commercial according to City of Johnson's zoning regulations.
South: A commercial development is under construction. Zoned C-2 Thoroughfare
Commercial.
East: To the east of the property is the Northwest Arkansas Mall and a forested drainage
gully separates the two properties. Zoned C-2 Thoroughfare Commercial.
West: The property abuts the Johnson City Limits to the west and is zoned R- 1 Low
Density Residential according to City of Johnson's zoning regulations.
H.IUSERSICOMMOMDAI4NTIREPORTSIPC12002 REPORTSIBRISTOL RZN02-I.Z)OC
RZN 02-13 .00
CHIN Business Park 11, Ph1 , Lot la
INFRASTRUCTURE:
The CMN Business Park II, Phase 1 was recently developed as platted on June 13, 2001 . The
City Engineer reviewed the plats to ensure that adequate infrastructure would be available for
development of individual sites.
Streets: Street access is available from Steele Boulevard, to the east of the property, which
is a Principal Arterial south of Joyce Boulevard and a local street between Joyce
Boulevard and the outer road serving Northwest Arkansas Mall. Joyce Boulevard
is approximately 400 feet south of the property and is a Principal Arterial on the
Master Street Plan. Adjacent to this property, Steele Boulevard is constructed with
a three lane section providing a turning lane available to serve a development on
the subject property.
Water: An existing eight (8) inch water main is located along Steele Boulevard that is
designed to serve Lot 1 . There are three fire hydrants nearby: two are located on
Lot 1 on the west side of Steele and the third is located on the east side of Steele
Boulevard across from the southeast corner of Lot 1 . The developer intends to
extend water service throughout the development. The developer proposes to use
a landscape irrigation system and install sprinkler systems in several units.
Sewer: Sanitary sewer is provided along Steele Avenue, along the south of the project's
east boundary. Two sanitary sewer manholes are stubbed into Lot 1 and a service
system will be designed for the project.
LAND USE PLAN: General Plan 2020 designates this site as regional commercial. Rezoning
this property to R-MF12 is not consistent with the land use plan map.
However, the proposed zoning is compatible with surrounding land uses in
the area and will help implement policy 9. 8f of the City's General Plan
(see # 1 under Findings of the Staff).
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 a downzone from an intense commercial use to a less
intense residential use. The residential uses allowed in RMF-12 serve as
appropriate buffers between adjacent commercial areas to the east and south
and the low-density residential areas to the north and west in Johnson. The
proposed zoning will provide a moderate density residential option that is
H:IUSERSICOMMOA90A fhRWPOR7'SIPCI2002 REPORTSIBRISTOL RZN02-L OC
RZN 02- 13 .00
CMN Business Park II, Ph1 , Lot la
within walking distance of adjacent commercial areas. The propose rezone
helps implement Policy 9.8f of the city's General Plan, which states: "Site
new residential areas accessible to roadways, alternative transportation modes,
community amenities, infrastructure and retail and commercial goods. "
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning will likely reduce the amount of impact this site would
have if it were to remain a C-2 zone. The proposed residential use will help
reduce total traffic by offering pedestrian access between residential and
commercial uses. Further, as shown below, peak travel times of residential
and commercial are different, therefore, the residential use should not
significantly impact peak travel times on the adjacent road system.
Additionally, there is little available land for a medium density residential in
the northern portion of the city. The proposed zoning will increase the
variety of residential options in northern Fayetteville.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will increase traffic to the adjacent street system,
however, is not anticipated to be extreme enough to create danger or reduce
the level of service on adjacent streets. According to the Traffic Eneineerim
Handbook , Institute of Transportation Engineers, the peak travel hours for
residential use are different than that of commercial use. Peak travel hours
for residential is generally in the early morning hours of the week, whereas,
peak travel hours for commercial is typically Saturday, early morning and
early afternoon. The proposed zoning should have less of an impact than if
the site were to remain C-2.
Steele Boulevard provides access to the site and the applicant is proposing a
single curb cut to serve the development. Steele Boulevard is a Primary
Arterial on the City's Master Street Plan and has adequate capacity to
support the impact that would be created by the proposed zoning.
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 increase the population density. However, it is not
anticipated that it will create an undesirable load on existing facilities. The
K9USERSICOMMOMDA WN7IREPOR7S60CI2002 REPORTSIRRISTOL RZN02-I.1)OC
RZN 02- 13.00
CMN Business Park II, Ph1 , Lot la
water and sewer departments have indicated capacity is available for
continued development that follows recent trends. The school district has
indicated that they can support additional students and will adjust as
necessary.
The maximum density level allowed in RMF-12 is 12 families per acre,
which, with 32.6 acres proposed, amounts to 391 families or units. Using 2000
census data, the average household size of renter-occupied units is 2.04.
When this figure is applied to this property, it results in approximately 797
persons (391 x 2.04).
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: The proposed zoning is compatible with and compliments surrounding land
uses, is consistent with the 2002 General Plan policies and will not create a
negative impact to the existing street system or other public services.
H.IUSERSICOMMONIDA WN7IREPORIYPC12002 REPOR7SIRRISTOL RZN02-IDOC
RZN 02- 13.00
CMN Business Park 11, Ph1 , Lot la
§161 .14 DISTRICT C-2 THOROUGH- Unit 2 City-Wide Uses by Conditional
FARE COMMERCIAL. Use Permit
Unit 3 Public Protection and Utility
A. Purpose. The Thoroughfare Facilities
Commercial District is designed especially Unit 21 Warehousing and Wholesale
to encourage the functional grouping of
these commercial enterprises catering Unit 28 Center for Collecting
primarily to highway travelers. Recyclable Materials
Unit 32 Sexually Oriented Business
B. Uses.
C. Bulk and Area Regulations.
1. Permitted Uses. Setback lines shall meet the following
Unit 1 City-Wide Uses by Right minimum requirements:
Unit 4 Cultural and Recreational From Street ROW ill
ft.
Facilities From Side Property Line one
Unit 12 Offices, Studios and Related From Side Property.Line 5 ft.
Services When Contiguous to a
Unit 13 Eating Places Residential District
Unit 14 Hotel, Motel and Amusement From Back Property 20 ft.
Facilities Line
Unit 15 Neighborhood Shopping Goods
D. Building Area. On any lot the
Unit 16 Shopping Goods area occupied by all buildings shall not
Unit 17 Trades and Services exceed 60% of the total area of such lot.
E. Height Regulations. In District
Unit 18 Gasoline Service Stations and C-2 any building which exceeds the height
Drive-In Restaurants of 20 feet shall be set back from any
Unit 19 Commercial Recreation boundary line of any residential district a
Unit 20 Commercial Recreation, Large distance of one foot for each foot of height
Sites in excess of 20 feet. No building shall
Unit 24 Outdoor Advertising exceed six stories or 75 feet in height.
Unit 33 Adult Live Entertainment Club (Code 1991 , § 160.036; Code 1965, App. A,
or Bar Art. 5(VI); Ord. No. 1747, 6-29-89; Ord.
No. 1833, 11 - 1 -71 ; Ord. No. 2351 , 6-2- 177;
2. Uses Permissible on Ord. No. 2603, 2- 19-80; Ord. No. 4034,
Appeal to the Planning Commission. §§3141 4- 15-97)
H.WSERSICOMMOMDA WNTIREPOR7SIPCI2002 REPORTSIRRTSTOL RZN02-T3DOC
0
E
§161.062 DISTRICT RMF-12
MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL.
A. Purpose. The Moderate Density
Multi -family Residential District is designed
to permit and encourage the development of
multifamily residences at a moderate density
that is appropriate to the area.
B. Uses.
1. Uses Permitted.
Unit 1
City -Wide Uses by Right
Unit 8
Single -Family Dwellings
Unit 9
Multifamily Dwellings -
Medium Density
2. Uses Permissible on
Appeal to the Planning Commission.
Unit
2
City -Wide Uses by Conditional
Use Permit
Unit 3
Public Protection and Utility
Facilities
Unit
4
Cultural and Recreational
Facilities
Unit
11
Mobile Home Park
Unit
25
Professional Offices
C. Density.
Families Per Acre 4 to 12
D. Bulk and Area Regulations.
1. Lot Width Minimum.
RZN 02-13.00
CMN Business Park II, Phi, Lot Ia
Mobile Home Park
100 Feet
Lot within a
Mobile Home Park
50
Feet
One Family
60
Feet
Two Family
60
Feet
Three or More
90
Feet
Professional
Offices
100 Feet
2. Lot Area Minimum.
Mobile Home Park
3 Acres
Lot Within a
Mobile Home Park
4,200 Sq. Ft.
Row House:
Development
Individual Lot
10,000 Sq. Ft.
2,500 Sq. Ft.
Single -Family
6,000 Sq. Ft.
Two -Family
7,000 Sq. Ft.
Three or More
9,000 Sq. Ft.
Fraternity or
Sorority
2 Acres
Professional
Offices
1 Acre
3. Land Area Per Dwelling
Unit.
Mobile Home
3,000 Sq. Ft.
Apartments:
Two or More
2,000 Sq. Ft.
Bedrooms
One Bedroom
1,700 Sq. Ft.
H:1 USERSICOMMONIDA WN71REPORTSIPCI2002_REPORTSIBRISTOL_RZN02-I33OC
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u
Mobile Home
3,000 Sq. Ft.
No Bedroom
1,700 Sq. Ft.
Fraternity or
Sorority
1,000 Sq. Ft. per
Resident
E. Yard Requirements (feet).
FRONT
YARD
SIDE
YARD
REAR
YARD
25
8
25
Cross Reference: Variances Chapter 156.
F. Height Regulations. Any
building which exceeds the height of 20 feet
shall be set back from any side boundary
line an additional distance of one foot for
each foot of height in excess of 20 feet.
(Code 1991, § 160.033; Code 1965, App.
A, Art. 5(I1I); Ord. No. 2320, 4-5-77; Ord.
No. 2700, 2-2-81)
H: I USERSI COMMONI DA NN7I REPORTSI PC 12002_REPORTSI BRISTOL_RZN02-I MOC
RZN 02-13.00
CMN Business Park II, Phi, Lot La
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Overview Legend
Subject Property Boundary Master Street Plan
-, --- RZN02-13.00 '-.-. Planning Area Freeway/Expressway
rpcooc A -
0 Overlay District tl Pnnapal Arterial
r^ Streets 00000
City Limits �► Minor Arterial
Existing L — —
--_--. C. ii Planned II Outside City ♦►Cdledor
0.25 0.125 0 0.25 .etodc coneao0.75
Mile
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, A.I.C.P., City Planner
THROUGH: Hugh Earnest, Urban Development Director
DATE: May 17, 2002
BACKGROUND
RZN 02-13.00 was submitted by Mel Milholland of Milholland Engineering & Surveying on behalf
of Bristol Development Group, LLC for property owned by CMN Properties and located on Lot 1 A
of CMN Business Park II, Ph. I. The property is zoned C-2, Thoroughfare Commercial and contains
approximately 32.62 acres. The request is to rezone to RMF-12, Moderate Density Multi -Family
Residential.
The subject property is located within the CMN Business Park II, north of Joyce Boulevard and west
of Steele Boulevard, with direct access to Steele Boulevard. The Northwest Arkansas Mall is east of
the property and the City of Johnson city limits are on the north and west sides of the property. To
the south of the property, a commercial development (Party City) is under construction. The property
and surrounding area within the Fayetteville city limits is zoned C-2, Thoroughfare Commercial and
is identified as regional commercial in the Future Land Use Plan.
The applicant is proposing to construct a luxury apartment development on Lot 1A. The property is
currently zoned C-2, Thoroughfare Commercial, which does not allow multi -family units. The
request is to rezone Lot lA from C-2, Thoroughfare Commercial to RMF-12, Moderate Density
Multi -Family Residential to allow multi -family units with a maximum density of 12 units per acre
and to decrease the intensity of use at this location.
CURRENT STATUS
The Planning Commission voted 9-0-0 to recommend approval the requested rezoning by the City
Council.
RECOMMENDATION
Staff and the Planning Commission recommend the proposed rezoning.
Planning Commissions •
May 13, 2002
Page 10
RZN 02-13.00: Rezoning (CMN Business Park II, ph. I Lot 1A, pp 134) was
submitted by Mel Milholland of Milholland Engineering & Surveying on behalf of
Bristol Development Group, LLC for property owned by. CMN Properties and located on
Lot lA of CMN Business Park II, Ph. I. The property is zoned C-2, Thoroughfare
Commercial and contains approximately 32.62 acres. The request is to rezone to RMF-
12, Moderate Density Multi -Family Residential.
Hoffman: Our next item is RZN 02-13.00 for CMN Business Park II, Phase I Lot
IA, which was submitted by Mel Milholland of Milholland Engineering
on behalf of Bristol Development Group, LLC for property owned by
CMN Properties and located on Lot lA of CMN Business Park II, Phase I.
The property is zoned C-2, Thoroughfare Commercial and contains
approximately 32.62 acres. The request is to rezone to RMF-12, Moderate
Density Multi -Family Residential. If the applicant is here would you say
your name and give us the benefit of your presentation please?
Milholland: I am Melvin Milholland, Milholland Engineering. We have a client that is
interested in doing something different from commercial, which was
discussed to some degree during the rezoning process originally and in the
same location. They feel it is an appropriate location for their investment.
I have with me tonight the Senior Project Manager, Mr. Raymond Ledoux.
He is here to answer any questions you may have as to their intent, quality
of construction or whatever, if you needed that. Otherwise, we would
respectfully request to rezone this to, we asked for R-2 and then they
changed it to the RM, help me out here Tim.
Conklin: RMF-12.
Milholland: RMF-12, which is 12 units per acre average I understand. The number of
units that is being requested, which is not a part of the rezoning, but just
for your information. The highest, best use for the land is 272 units if it is
zoned it would allow 391, so we are well under, actually by 69% with the
layout that we have presently. If you have any questions I would be happy
to answer them.
Hoffman: Ok, thank you Mel. I appreciate it. Is there any member of the audience
that would wish to speak to us on this rezoning? Seeing none, I will bring
it back to the applicant and to the Planning Commission for further
discussion. Tim, could you talk to us a little bit about downzoning in a
commercial district?
Conklin: This is an area that was rezoned back in the mid to early 90's. Most of it
was rezoned to commercial, C-2, Thoroughfare Commercial, which is
what you see around the mall with the large, big, box type retailers going
Planning Commission. •
May 13, 2002
Page 11
in. The applicant has requested that this property be changed to
Residential, RMF-12, which is 12 units per acre for apartments. Our land
use plan does have policies that do encourage mixed use type use
developments. It encourages residential uses to be accessible to
commercial areas. Typically when you go from a commercial or industrial
zoning, and you change it to a residential type zoning, that is what is
referred to as a down zoning, it actually restricts the type of use and the
intensity of development. You can see many different things that can be
built in C-2 from car dealerships to like a Lindsey 75' tall, six -story office
building. This does reduce the potential intensity of land use on the site.
Thank you.
Hoffman: Thank you very much. Commissioners?
Ward: I would like to go ahead and maybe get the developer to give us a real
brief outline of what he is proposing and what they are going to be and
what they are going to look like.
Milholland: This is Mr. Raymond Ledoux, he is with Bristol Development, Inc. from
Nashville, TN.
Ledoux: We have a plan, is it ok to show what we are proposing?
Ward: Sure, just real quick.
Man: I have a question because we often get asked why we are considering
design and actual plans in a rezoning. My only concern is I wouldn't want
to confuse the public to think that that is a consideration for rezoning
when we try so often to clearly distinguish the difference between the two.
I will leave that up to your judgment.
Hoffman: That is an excellent point: I am inclined to go ahead and allow the
presentation because it is being voluntarily given. I think it is great when
we can have more information that we should certainly, and I believe they
are actively working with the Planning staff right now. If it is ok with
everybody else, if you will make a short presentation, that is good.
Milholland: Are you saying that you want to see the presentation?
Hoffman: A short one.
Milholland: I was leery to bring it out because I knew from some of the past issues that
the Planning Commission wasn't supposed to be looking at that.
Planning Commission• •
May 13, 2002
Page 12
Ledoux: My name is Raymond Ledoux, I am the Senior Project Manager for
Bristol Development out of Nashville, TN. What we are proposing is a
270 unit apartment project. Basically, Bristol is a class A development
project. We develop class A properties. We are active in Tennessee and
in Texas. We have eight projects in various forms of construction of
completion and new starts, this will be the ninth one. Average value of
our portfolio is somewhere in the neighborhood of 200 million dollars.
This particular project incorporates our big house unit, which is a 12 unit
two-story apartment structure with six direct access garages. It is called a
big house because it looks like a big house. It was developed by
Humphrey's Partners in Dallas, TX, who are national award winning
architects who have been used throughout the United States and various
market places. We have also mixed in this project three story bridge way
style apartments so we catch a diversity of both somewhat of an upscale
and somewhat of our standard scale type apartments. Our goal is to
produce a class A property. We spend somewhere in the neighborhood of
$1,500 per unit for amenities as far as landscaping, irrigation, club house,
security, fencing, trails, you name it, we do it. Bristol has been in business
for approximately three years, it has ten employees, we have a combined
multi -housing experience of somewhere around 40 years. We are very
active. I play a key role on a lot of the design, development and the
construction of these projects. I travel from Texas to Tennessee to here
this evening. I believe this is our site plan, 272 units. I will be glad to
answer any other questions you may have of it.
Ward: What type of price range do these rent for?
Ledoux: On an average range, the higher units will rent for about $900 a month and
the flats, the three story configuration, will start at around $800 a month.
We have the garages as well as also interior garages that serve as the big
house units for the higher rent so you can actually drive into -your garage
and walk into your apartment.
Ward: Thank you.
Hoffman: Thank you very much for your presentation, it is most informative to get
that on a rezoning. I realized after we had begun hearing this matter that
I've got a conflict. I am going to have to recuse from this vote so I am
going to pass the matter onto our Vice Chair, Chairman Estes. Excuse me,
I should've known that before we got started, but go ahead.
Estes: Commissioner Allen?
Motion:
Planning Commission • •
May 13, 2002
Page 13
Allen: I think this is an appealing project with nice diversity and with that said, I
would like to move for RZN 02-13.00.
Estes: We have a motion to approve RZN 02-13.00 by Commissioner Allen, is
there a second?
Hoffman: I will second.
Estes: We have a second by Commissioner Hoover. Are there any further
questions of the applicant or the applicant's representative? We have a
motion to approve RZN 02-13.00 by Commissioner Allen and a second by
Commissioner Hoover, is there any further discussion?
Man: A couple of questions. Our General Plan 2020 actually has this as
commercial and I understand that we have sited also in the plan the mixed
use or transition, could you speak a little bit about how these
developments in the past work well with commercial areas and did they
consider any other already rezoned properties?
Ledoux: Typically in apartment development in my experience, not only with
Bristol but throughout the line of market, Dallas market, Houston market,
it is nice to be in the commercial areas because it is convenient for the
people. Once they are home they don't have to travel across town to go to
the supermarket, the drycleaner, pick the kids up from child care or the
schools if they are in the area and it is most beneficial from a marketing
point of view to be in these areas. In fact, we try to target market, I at
least try to target market in areas of commercial growth. For example, our
project in San Antonio, at the entry to our apartment project is a
subdivision, our apartment project, and a beautiful shopping center. It is
very convenient. People come home, they can walk over to the grocery
store, take it easy when they get off the freeway in some of the bigger
cities. This is my first trip to Fayetteville. I am impressed so far, I've
only been here 2 '/2 hours but it is a definite plus. If we are stuck 30 miles
out in the country somewhere without services, who wants to live there?
Multi -housing is a convenience today. The rent we ask people to pay that
is a fairly good rent between being a home owner and being a renter. It is
not too much difference today. It is a definite plus to be in a commercial
market.
Man: Thank you.
Estes: Commissioners,
the
proposed zoning is a
downzone from
an
intense
commercial use
to a
less intense residential
use and provides
for
a mixed
Planning Commission • •
May 13, 2002
Page 14
use. What is proposed is 12 units per acre, which is a reduced density. I
will certainly vote for the pending motion and am very enthusiastic about
the proposed project. We have a motion by Commissioner Allen and a
second by Commissioner Hoover, is there any further discussion? Renee,
would you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward RZN 02-13.00 to
the City Council was approved by a vote of 8-0-1 with Commissioner
Hoffman abstaining.
Estes: The motion passes by a vote of eight in favor and one recusal. Thank you.
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of June 4, 2002.
FROM:
Tim Conklin Planning Urban Development
Name
Division
Department
ACTION REQUESTED: To approve an ordinance for RZN 02-13.00 as
submitted by Mel Milholland of Milholland Engineering on behalf of
Marjorie Brooks, Nanchar, Inc., and Bristol Development Group, LLC
for property known as Lot 1A of CMN Business Park II, Ph. I. The
property is zoned C-2, Thoroughfare Commercial, and contains
approximately 32.62 acres. The request is to rezone to RMF-12,
Moderate Density Multi -family residential.
COST TO CITY:
$0
Cost of this request Category/Project Budget
Account Number Funds used to date
Project Number Remaining balance
Category/Project Name
Program Name
Fund
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Administrative
Services Director
Budget
Coordinator
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Acco ntiq.g Manager Date ADA Coordinator Date
S/l___
City Attbrney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and on May 13, 2002
the Planning Commission voted 9-0-0 to recommend the rezoning be
approved by the City Council.
/--_/G 6-/2-c).. Cross Reference
Div' ion a DD tte
/7012
D p r ent erector Date New Item: Yes No
Ad istra eve Se/ ices Date Prev Ord/Res#:
D' e or
11
ayor Date Orig Contract Date:
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of June 4, 2002.
FROM:
Tim Conklin
Planning
Name Division
Urban Development
Department
ACTION REQUESTED: To approve an ordinance for RZN 02-13.00 as
submitted by Mel Milholland of Milholland Engineering on behalf of
Marjorie Brooks, Nanchar, Inc., and Bristol Development Group, LLC
for property known as Lot 1A of CMN Business Park II, Ph. I. The
property is zoned C-2, Thoroughfare Commercial, and contains
approximately 32.62 acres. The request is to rezone to RMF-12,
Moderate Density Multi -family residential.
COST TO CITY:
$0
Cost of this request
Account Number
Category/Project Budget
Funds used to date
Project Number Remaining balance
Category/Project Name
Program Name
Fund
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Administrative
Services Director
Budget
Coordinator
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager Date
City Attorney Date
Purchasing Officer Date
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION: Staff recommended approval and on May 13, 2002
the Planning Commission voted 9-0-0 to recommend the rezoning be
approved by the City Council.
Division Head
Department Director
Administrative Services
Director
Mayor
.4-I %-O1
Date
Date
Date
Date
Cross Reference
New Item: Yes No
Prev Ord/Res#:
Orig Contract Date:
FAYETTEVItLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, City Planner
From: Heather Woodruff, City Clerk
Date: June 5, 2002
Please find attached a copy of Ordinance No. 4400-02 rezoning property described in Rezoning
Petition RZN 02-13.00 for a parcel containing approximately 32.62 acres known as CMN
Business Park II, Phase I, Lot IA, Fayetteville, Arkansas, as submitted by Mel Milholland on
behalf of Marjorie Brooks, Nanchar, Inc. and Bristol Development Group, LLC. The original
will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
Clyde Randall, GIS Office
John Goddard, GIS Office
010 03 City of Fayetteville 6/10/2002
Update fFndex Maintenance . 14:16:40
Document Ite Action
Reference Date Ref. Taken Brief Description
ORD 6042002 4400 RZN 02-13.00/MARJORIE BROOKS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Enter Keywords........: ORD. 4400
REZONING
RZN 02-13.00
32.62 ACRES
CMN BUSINESS PARK II
PHASE I
LOT 1A
MILHOLLAND, MEL
BROOKS. MARJORIE
NANCHAR, INC.
File Reference #......: MICROFILM
Security Class........:
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
Retention Type:
**** Active ****
Cmdl-Return
Cmd8-Retention
cmd4-Delete Cmd3-End
Press 'ENTER' to Continue
CmdS-Abstract
Yes No
(c) 1986-1992
Munimetrix Systems Corp.
A N S
MICROFILMED
AFFIDAVIT OF PUBLICATION
I,
Leg l Clerk of the Ai
published in Lowell,
and reference to the
Md. 4&
0
//LP�1/'7X-2J , do solemnly swear that I am
'kansas Democrat -Gazette newspaper, printed and
Arkansas, and that from my own personal knowledge
files of said publication, the advertisement of:
_was inserted in the regular editions on
•* Publication Charge: $ ( 9• y 5
Subscribed and sworn to before me this
day of d V
Notary Public
official Seal
My C misq'„ _
WASHINGTON COUNTY
My Commission Expires 11-05-2011
'" Please o not pay from Affidavit.
An invoice will be sent.
RECFI"`D
N0V 1 3 2002
CITY OF FA rc , r _ ..__.
CITY CLERK'S OFFICE
I AN ORDINANCE
LOT
A.
ARKANSAS., AS SUBMITTED BY MEL MILHOLLAND ON�� BEHALF O OF ELOPMEIE BROOKS. NAINCHAR, INC.. AND of Fayetteville
BRISTOL DEVELOPMENT RWF.. LW City
BE rF ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEMLLE ARKANSAS:
Section 1: Then the zore dmeNceron Of the tobsMg Amsted Property is hereby dw9ed as toloea:
Fom C-2; Thoroughfare Ca m,wd l; to.RMF-12, Moderate Der ty MJI4FanSy Res s,tlaL as shown
In EJoffie A attached hereto and made a part heed.
Secton 2. That the pfiCIS zorlf
rmap a the of Fayedan3e, Mlmrem. Is hereby amended to reflect
ire wnYp change proNded h Section ection I above.
RASED end APPROVED INS 4th day of Jta 2002.
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
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