HomeMy WebLinkAboutOrdinance 4416 ORDINANCE NO. 4416
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-24.00 FOR A PARCEL CONTAINING
APPROXIMATELY 27.81 ACRES LOCATED WEST OF I-540 AND
EAST OF HWY. 112, FAYETTEVILLE, ARKANSAS, AS SUBMITTED
BY PHIL HAGEN OF CRAFTON, TULL & ASSOCIATES ON BEHALF
OF NELMS LLP
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 A- 1 , Agricultural 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 the 17`h day of September, 2002.
APPROVED :
By:
t �! DAN COODY, Ma
�Hea , er 'bf�oodruff, City Clerl
RZN 02-24 NELMS Ord . 4416
EXHIBIT "A"
RZN 02-24.00
A TRACT OF LAND IN THE EAST HALF (E %z) OF THE SOUTHEAST QUARTER (SE
/4) OF SECTION 28, AND THE WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER
(SW '/4) OF SECTION 27, TOWNSHIP 17 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER (NE '/4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE NORTH 89
DEGREES 42 '32"EAST, ALONG THE NORTH LINE THEREOF, 911 .89 FEET;
THENCE SOUTH 00 DEGREES 40' 00" EAST,448.81 FEET; THENCE SOUTH 02
DEGREES 45 '56" EAST, ALONG AN EXISTING FENCE, 300.00 FEET TO THE POINT
OF BEGINNING THENCE SOUTH 02 DEGREES 45 '56" EAST 1884.24 FEET TO A
POINT ON THE SOUTH LINE OF SECTION 28; THENCE SOUTH 89 DEGREES 49'09"
EAST, ALONG SAID LINE, 649.51 FEET TO A POINT ON THE WEST RIGHT OF
WAY LINE OF HIGHWAY 71 ; THENCE FOLLOWING SAID RIGHT OF WAY NORTH
10 DEGREES 32 '48" EAST 367.70 FEET; THENCE NORTH 04 DEGREES 37' 13" EAST
238.29 FEET; THENCE NORTH 08 DEGREES 0011 " WEST, 372.85 FEET; THENCE
NORTH 14 DEGREES 18 ' 13" WEST 206.22 FEET; THENCE NORTH 26 DEGREES
54'45" WEST 399.56 FEET; THENCE NORTH 34 DEGREES 03 '53" WEST 301 .66
FEET; THENCE NORTH 29 DEGREES 33 '06" WEST 126.30 FEET; THENCE LEAVING
SAID RIGHT OF WAY WEST, 311 .95 FEET TO THE POINT OF BEGINNING,
CONTAINING 27.81 ACRES, MORE OR LESS.
NAME OF FILE: Ordinance No.4416
CROSS REFERENCE:
Item # Date Document
1 09/17/02 Ordinance 4416
2 08/15/02 Memo to Mayor Coody from Shelli Rushing
3 08/12/02 Planning Commission Meeting Minutes
4 08/08/02 Memo to Fayetteville Planning Commission from Shelli
Rushing
5 09/03/02 Staff Review Form
6 09/20/02 Memo to Tim Coklin from Heather Woodruff
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-24.00 FOR A PARCEL
CONTAINING APPROXIMATELY 27.81 ACRES LOCATED WEST OF I-
540 AND EAST OF HWY, 112, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY PHIL HAGEN OF CRAFTON, TULL & ASSOCIATES ON
BEHALF OF NELMS LLP.
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 A-1, Agricultural 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:
By:
DRAFT
DAN COODY, Mayor
ATTEST:
By: DRAFT
Heather Woodruff, City Clerk
RZN 02-24 NELMS . 0
EXHIBIT "A"
RZN 02-24,00
A TRACT OF LAND IN THE EAST HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE
/4) OF SECTION 28, AND THE WEST HALF (W %) OF THE SOUTHWEST QUARTER
(SW '/4) OF SECTION 27, TOWNSHIP 17 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE FULLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER (NE '/4) OF THE SOUTHEAST QUARTER (SE '/4); THENCE NORTH 89
DEGREES 42'32"EAST, ALONG THE NORTH LINE THEREOF, 911 .89 FEET;
THENCE SOUTH 00 DEGREES 40' 00" EAST,448.81 FEET; THENCE SOUTH 02
DEGREES 45 '56" EAST, ALONG AN EXISTING FENCE, 300.00 FEET TO THE POINT
OF BEGINNING THENCE SOUTH 02 DEGREES 45 ' 56" EAST 1884.24 FEET TO A
POINT ON THE SOUTH LINE OF SECTION 28; THENCE SOUTH 89 DEGREES 49'09"
EAST, ALONG SAID LINE, 649.51 FEET TO A POINT ON THE WEST RIGHT OF
WAY LINE OF HIGHWAY 71 ; THENCE FOLLOWING SAID RIGHT OF WAY NORTH
10 DEGREES 32'48" EAST 367.70 FEET; THENCE NORTH 04 DEGREES 37' 13" EAST
238.29 FEET; THENCE NORTH 08 DEGREES 00' I I " WEST, 372.85 FEET; THENCE
NORTH 14 DEGREES 18' 13" WEST 206.22 FEET; THENCE NORTH 26 DEGREES
54'45" WEST 399.56 FEET; THENCE NORTH 34 DEGREES 03 ' 53" WEST 301 .66
FEET; THENCE NORTH 29 DEGREES 33 '06" WEST 126.30 FEET; THENCE LEAVING
SAID RIGHT OF WAY WEST, 311 .95 FEET TO THE POINT OF BEGINNING,
CONTAINING 27.81 ACRES, MORE OR LESS.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
Mayor Dan Coody
Fayetteville City Council
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, City Planner
DATE: August 15, 2002
RZN 02-24.00: Rezoning (Nelms, pp 209) was submitted by Phil Hagen of Crafton, Tull &
Associates on behalf of Nelms LLP for property located west of I-540 and east of Hwy 112. The
property is zoned A- 1 , Agricultural and contains approximately 27.81 acres. The request is to
rezone to C-2, Thoroughfare Commercial.
BACKGROUND
History. The subject property is located at the northwest corner of I-540 and Highway 112 and
immediately north of Landers Auto Park. The property lies within the Design Overlay District and
is located within the 100 year floodplain of Clabber Creek which runs along the south edge of the
property. The center portion of the property has been determined to be a wetland.
Neighborhood Characteristics. The property is in an area that is zoned primarily C-2 Thoroughfare
Commercial. The property to the south is used as an auto park for car sales and the property to the
west is a drive-in movie theater. I-540 runs parallel to the east boundary and the property
immediately to the north is vacant with industrial uses further north.
Request. The applicant is the owner of Landers Auto Park and he proposes to construct an
additional outdoor display area for car sales. The applicant is requesting to rezone the 27.81 acres
from Al to C2 to sell cars.
CURRENTSTATUS
On August 12, 2002, the Planning Commission voted 8-0 to recommend the City Council approve
the rezoning.
RECOMMENDATION
Staff and the Planning Commission recommend approval of RZN 02-24.00: Rezoning (Nelms, pp
209).
H:\USERS\COMMON\PLANNING\Reports\City Council 2002\SEPnRZN Nelms.doc
Planning Commission
August 12, 2002
Page 45
RZN 02-24.00: Rezoning (Nelms, pp 209) was submitted by Phil Hagen of Crafton, Tull &
Associates on behalf of Nelms LLP for property located west of I-540 and east of Hwy 112. The
property is zoned A- 1 , Agricultural and contains approximately 27.81 acres. The request is to
rezone to C-2, Thoroughfare Commercial.,
Hoffman: The fifth item on our agenda tonight is RZN 02-24.00 which was submitted by
Phil Hagen of Crafton, Tull & Associates on behalf of Nelms LLP for property
located west of I-540 and east of Hwy 112. The property is zoned A- 1 ,
Agricultural and contains approximately 27.81 acres. The request is to rezone to
C-2, Thoroughfare Commercial. Staff recommends approval of the requested
rezoning based on the findings included in our report. Tim, would you care to
give us a more detailed report?
Conklin: Sure. This is a requested rezoning for 27.81 acres from A- I to C-2. This is a
piece of property that is located north of the existing Landers Auto Park. On the
east side it is bounded by 1540 and to the west you have the 112 Drive In Theater.
The request is for C-2, it is consistent with the General Plan 2020. The proposal
is to rezone it and then they do have a large scale development currently in
process that they are working on with regard to expanding the Landers Auto Park
out there and that will be coming to you in the next few weeks. Thank you.
Hoffman: Thanks Tim. Is the applicant here and would you like to make a presentation or
answer questions?
Hagen: I will just answer questions. I am Phil Hagen with Crafton, Tull & Associates. I
don't have a presentation and I would be happy to answer any questions anybody
has.
Hoffman: I will go ahead and take public comment and then we will get back to you. Is
there any member of the public here that would wish to address us?
Moorman: I am Barbara Moorman, Finger Road. I am concerned about three aspects of this.
One is of course the wetland situation and another is the drainage, which I want to
say seems rather complicated to me. What I have right here is from the
Engineering Department' s files on the original Nelms development. It shows four
different drainage basins. The third thing that I am concerned about, I might as
well say right now is the fact that there are two things going on at once here. One
is the proposal to rezone, and that is what you are considering, I understand that
but there is also the Large Scale Development in process, as Tim just said. I think
what concerns me is the complexity of the various drainage basins that are shown
on this map in combination with the fact that there is not a drainage plan shown
for the combined two projects, the rezoning and whatever will come of that and
the 900,000 sq.ft. parking lot that is projected for the other parcel, which is a
seven acre parcel. I think it is not just a question of the drainage not being
worked out but the wetland determination, as I understand it, is not yet available
Planning Commission • •
August 12, 2002
Page 46
or has not yet been completed and I believe if I understand correctly, that that is a
combination of these two projects. In other words, the wetland determination is
being done I don't know by whom. I understand it is by someone who was hired
by the owner. The wetland determination will be for the two combined so it
seems to me that you need to have the wetland determination before you I would
remind you that in the case of the, I call it Benedict property, that is not really
what it was I don't think but it was last year sometime. Property just north of this
which was rather boggy and was proposed for development. You all requested
that there be a wetland determination done on that property before the property
was rezoned and it wasn't even as complex as this because there was only one
project, one rezoning in front of you at the time. I think there are three problems,
one is the wetland determination, one is the drainage, and the third is the fact that
there really are two things going on even though there is only one that you are
having to consider. I want to point out that there is talk in the other project of re-
channeling the drainage, which currently goes into Clabber Creek, which of
course has something to do however indirectly, with the B and T Park to take that
drainage, if not all of it then at least some of it, and channel it up toward the north.
Now if you are channeling that toward the north you are going to have to know
what lies up to the north and we come right back to the notion of the wetland
determination. Those are just some things that I hope you will consider and I
think what I am saying is that I hope you will table this as you did in the case of
the property to the north of this last year and ask for more information on wetland
and drainage. Thank you.
Estes: Thank you Barbara. Is there any other member of the audience who would like to
provide public comment on this requested rezoning? Seeing none, I will bring it
back to the applicant for rebuttal.
Hagen: We have had a preliminary wetlands determination done. There are wetlands on
that land in the middle of the 28 acres. It is the intent of the applicant to put that
aside in a nature preserve. There are really only two areas of this 28 acres that we
intend to develop, about two acres of the south portion of it and potentially the
four or five acres of the north with the center piece being put in preserve. A lot of
those issues and a lot of the drainage issues probably will be better addressed at
the large scale where we have the detail in front of us but all of that has been
submitted to the engineers. I have forwarded the wetland determinations to Mr.
Conklin. I am not sure if he has received the faxes or had a chance to look over
them. It was just today that I actually sent one of them and Friday I sent the other
one.
Conklin: I have the one that was sent on Friday. I don't think I received the one today. I
think the statement that you just made, there are wetlands on the site, that is true.
I will just read a quote here "Based on these observations it is our initial opinion
that wetlands are likely to be present within an estimated area from three to six
acres in the central to north parts of the proposed development tracts. See exhibit
Planning Commission • •
August 12, 2002
Page 47
one." I won't go into the three or four page letter but yes, there are wetlands on
the site based on this consultant.
Hagen: There are wetlands and it is a beautiful piece of property with beautiful trees on it
and it is the intent of Mr. Nelms to put that aside in a preserve with the south two
to three acres for future expansion of Landers and then the north for potentially, it
depends on how the property to the north develops, some future development just
for the north four or five acres.
Conklin: I would just like to remind the Commission for those Commissioners that didn't
go out to CMN II development, that is a piece of property that is zoned C-2, had
wetlands. We toured what the U.S. Army Corp. of Engineers required the
developer to do to protect and mitigate wetlands in that development. I bring this
up because yes, we are aware there are wetlands. There is also ' floodplain,
floodway and those regulations, city regulations and those state and federal
regulations will have to be met for any development of this site. I just wanted to
bring that up. Thank you.
Estes: Thank you Mr. Conklin.
Hagen: She is correct in saying that this is a complicated piece of property because there
are those issues but we. are dealing with all of those with the Large Scale
Development plan.
Estes: Thank you Phil. I will now bring the matter back to the Commission for
discussion or motions.
Ward: According to our facts the property is on our 2020 plan and all of our future plans
as being regional commercial and it is pretty much bordered by regional
commercial on all sides. This is strictly a rezoning, it is not a large scale or
anything else. I will go ahead and recommend that we approve the RZN 02-24.00
for this 27.81 acres.
Estes: We have a motion by Commissioner Ward to forward to the City Council with a
recommendation of approval RZN 02-24.00 is there a second?
Shackelford: I will second.
Estes: We have a second. Is there any discussion?
Ostner: I realize we are not developing this right now but in the change to C-2 there is a
concern with the drive-in and the light pollution or light. If it is rezoned it is going
to have to be dealt with one way or the other because the uses conflict, the night
time of the drive-in and the night time advertisement lights. I know it is real early
in the process but is that going to be part of the development?
Planning Commission • •
August 12, 2002
Page 48
Hagen: That has already been a part of our consideration and we are going to leave a
stand of trees that is wider in width than the stand of trees that are between the
drive-in and the existing dealership so really the situation will not be any worse
than it is with the existing dealership. We are further away with the new phases
of the dealership than we are with the, existing dealership.
Conklin: We did receive a telephone call on the 9`h from a Jimmy Terry for 112 Drive In.
He did come to our office earlier that week and did express concerns with regard
to light. The message is Nelms rezoning, stated that he wanted to withdraw his
objection comments and state that he was. now for the project. He says he spoke
with Mr. Nelms last night and he explained what he was proposing and to call him
if we had any questions. Lighting is something that we will address during the
large scale development review and we do have our outdoor lighting ordinance
going to the Council fairly soon.
Estes: Thank you Mr. Conklin. We have a motion by Commissioner Ward and a second
by Commissioner Shackelford to forward to the City Council with a do pass
recommendation RZN 02-24.00 is there any further discussion?
Allen: I know this isn't the large scale development but I wonder since we do know how
this property will be developed, are we thinking about in the 2020 Plan and
regional nodes, do we consider things like large masses of asphalt and the kind of
development that we know will be in that one area when we decide to rezone?
Conklin: Hopefully, and maybe we need to take a look at our regulations, but this is in the
Overlay District and it does require landscaping and minimum percent open space
on the property, 25%. Hopefully through our regulations we can mitigate some of
the impacts of just paving over every square inch of Fayetteville through those
parking lot landscaping, commercial design standards, and overlay district
standards.
Allen: Those commercial design standards have changed since the original
development?
Conklin: No.
Estes: Is there any further discussion?
Hoffman: I just want to make the comment that as far as this being a C-2 zoning I can see
that that is appropriate but I do want to state that I do have reservations if it is a
continuation of what we approved before. One for the light pollution and then the
other was also the landscaping. I want to say that I am for the zoning but I guess I
want to give the applicant warning that as far as when the large scale development
comes through that they be very cautious and aware that there are more issues.
Planning Commission • •
August 12, 2002
Page 49
Allen: I have the same concerns.
Estes: We have a motion by Commissioner Ward and a second by Commissioner
Shackelford to forward to the City Council with a do pass recommendation RZN
02-24.00 is there any further discussion? Is there any further discussion? Renee,
would you call the roll please?
Roll Call: upon completion of roll call the motion to forward RZN 02-24.00 to the City
Council was approved by a vote of 8-0-0.
Estes: The motion passes by a unanimous vote, thank you.
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, AICP, Associate Planner
THRU: Tim Conklin, AICP, City Planner
DATE: August 8, 2002
RZN 02-24.00: Rezoning (Nelms, pp 209) was submitted by Phil Hagen of Crafton, Tull &
Associates on behalf of Nelms LLP for property located west of I-540 and east of Hwy 112. The
property is zoned A- 1 , Agricultural and contains approximately 27.81 acres. The request is to
rezone to C-2, Thoroughfare Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
-- -- — -- -- O Approved O Denied
Date: August 12, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: September 3, 2002 ( 1 " reading if approved)
Comments:
H--IUSERSICOMMOMPL4NNINGIREPOR7SIPCREPORn 2002W UGUS7INELMS RZN02-24DOC