HomeMy WebLinkAboutOrdinance 4424 ORDINANCE NO. 4424
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-23 .00 FOR A PARCEL CONTAINING
APPROXIMATELY 19.39 ACRES LOCATED NORTH OF OLD
FARMINGTON ROAD AND EAST OF FUTRALL DRIVE,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY JERRY KELSO
OF CRAFTON, TULL & ASSOCIATES ON BEHALF OF LINDSEY
MANAGEMENT COMPANY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O 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- 18, Medium 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 the 15`h day of October, 2002.
't LAPPROVED:
y: = o
�5 DA COODY, Mayor C/) c I -n
� o co �
ATTEST: Z = m
II0 3
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By:
Bather Voocfruff, City CIM ,
20 -1 ^. 1714 . 0
. ord . 4424
EXHIBIT "A"
RZN 02-23.00
PART OF THE SE '/4 OF THE SE 1 /4 AND PART OF THE S '/2 OF THE S '/2 OF THE NE'/4 OF
THE SE'/4 OF SECTION 18, T- 16-N, R-30-W, FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS N0°44' 129V 648.61 FEET FROM A FOUND IRON PIN AT
THE SE CORNER OF SAID SE '/4 OF SECTION 18, T- 16-N, R-30-W; THENCE S89°22'06"W
624.58 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF HIGHWAY
71 BYPASS (NOW INTERSTATE 540); THENCE ALONG SAID RIGHT OF WAY LINE THE
FOLLOWING COURSES : N23°49' 56"W 285 .84 FEET; THENCE N27°50'55"W 502.71 FEET;
THENCE N31016155" W 337.35 FEET TO A CONCRETE MONUMENT; THENCE LEAVING
SAID RIGHT OF WAY LINE N89022106"E 1107.26 FEET; THENCE SO°44' 12"E 659.47 FEET;
THENCE N89019714"E 30.00 FEET; THENCE SO°44' 12"E 340.56 FEET TO THE POINT OF
BEGINNING, CONTAINING 19.393 ACRES, MORE OR LESS, BEING SUBJECT OF ANY
AND ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR OF FACT.
20 ,0 ^ 171409
• i
I, Bette Stamps, Circuit Clerk and Ex-offido Recorder
for Washington County, Fvkansas, do hereby certify li
that this Instrument was filed for record In my office as
indicated hereon and the same is now duly reorded
with the acknowledgement and eenlficate 11107wn
In Record Bock antl Page a$ Inde aced :hweon.
IN WITNESS WNKPCOF, ! Pave n.waunto set my
hand and affiked the seal of said Can on the date ndi-
cated hereon.
Bette Stamps
Circuit Clerk and off io der
by _�
NAME OF FILE: Ordinance No. 4424
CROSS REFERENCE:
Item # Date Document
1 10/15/02 10rdinance 4424
2 08/19/02 Staff review form
3 10/23/02 Letter from Heather Woodruff to Tim Conklin
NOTES :
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of September 3 , 2002 .
FROM:
Tim Conklin Planning Urban Development
i
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZN 02 - 23 . 00 as
submitted by Jerry Kelso of Crafton , Tull & Associates on behalf of
Lindsey Management Co . for property located north of Old Farmington
Road and east of Futrall . The property is zoned C- 2 , Thoroughfare
Commercial and contains approximately 19 . 39 acres . The request is
to rezone to RMF- 18 , Medium Density Multi - Family Residential .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Ac u ti anager ate ADA Coordinator Date
Coriney Date Internal Auditor Date
Purchasing Officer Date
STAFF REcommENDATION : Staff recommended approval and on August 12 , 2002
the Planning Commission voted 8 - 0 - 0 to recommend the rezoning be
approved-by the City Council .
9,-/(, - Cross Reference
'Di 10 d teU U
. 0
ep e4 irector Date
a e New Item : Yes No
� .02
Ao
tra iveServices Date Prev Ord/Res# :
rr *te ^�
or Orig Contract Date :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM: Tim Conklin, AICP, City Planner
THRU: Hugh Earnest, Urban Development Director
DATE: August 22, 2002
RZN 02-23.00: Rezoning (Lindsey, pp 519) was submitted by Jerry Kelso of Crafton, Tull & Associates
on behalf of Lindsey Management Co. for property located north of Old Farmington Road and east of
Futrall Road. The property is zoned C-2, Thoroughfare Commercial and contains approximately 19.39
acres. The request is to rezone to RMF- 18, Medium Density Multi-Family Residential.
BACKGROUND:
The subject property is located along the I-540 corridor just north of the Hwy 62 interchange. It is on the
east side of the bypass which is largely undeveloped between Hwy 16 and Hwy 62. In 1994 the property
was rezoned from R- 1 and R-O to the current designation of C-2. At that time, a development proposal
for a National Home Center was processed and approved by the Planning Commission. That project was
not built in this location and the property remains vacant.
The applicant is seeking an RMF- 18 zoning designation which would allow the development of
apartments on this site at a density of 18 units per acre. This would permit approximately 349 units on
the 19.39 acre property. In the written proposal for the project, the applicant states that the plan is to
develop 312 apartment units (approx. 16 units per acre).
The rezoning of this property for residential purposes is consistent with several actions taken by both the
Planning Commission and City Council within the past few years. There have been numerous properties
lying adjacent to the 1-540 corridor which have been zoned for multi-family residential development,
several have been downzoned from commercial districts for this purpose. Some of these developments
include: Shiloh West Apartments, Cornerstone Apartments, Chamberland Square Apartments, and Fair
Park Apartments. Within Fayetteville, large tracts (approx. 20 acres) of land zoned for multi-family
residential development are not generally available and rezonings for this use are common.
General Plan 2020 designates this site Regional Commercial. Rezoning this property to RMF- 18,
Medium Density Multi-Family Residential is consistent with surrounding land uses in the area.
CURRENTSTATUS
On August 12, 2002, the Planning Commission voted 8-0-0 to recommend the requested rezoning be
approved by the City Council.
RECOMMENDATION
Approval by City Council.
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-23.00 FOR A PARCEL
CONTAINING APPROXIMATELY 19.39 ACRES LOCATED NORTH OF
OLD FARMINGTON ROAD AND EAST OF FUTRALL DRIVE,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY JERRY KELSO OF .
CRAFTON, TULL & ASSOCIATES ON BEHALF OF LINDSEY
MANAGEMENT COMPANY.
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-18, Medium 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 12002,
APPROVED:
By: OR
DAN COODY, Mayor
ATTEST:
1
By:
Heather Woodruff, City Clerk
EXHIBIT `°A"
RZN 02-23,00
PART OF THE SE '/4 OF THE SE 1 /4 AND PART OF THE S %Z OF THE S '/z OF THE NEV40F
THE SE'/4 OF SECTION 18, T- 16-N, R-30-W, FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT THAT IS N0°44' 12"W 648.61 FEET FROM A FOUND IRON PIN AT
THE SE CORNER OF SAID SE '/4 OF SECTION 18, T- 16-N, R-30-W; THENCE S89°22'06"W
624.58 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF HIGHWAY
71 BYPASS (NOW INTERSTATE 540); THENCE ALONG SAID RIGHT OF WAY LINE THE
FOLLOWING COURSES : N23°49' 56"W 285.84 FEET; THENCE N27°50' 55"W 502.71 FEET;
THENCE N31016' 55" W 337.35 FEET TO A CONCRETE MONUMENT; THENCE LEAVING
SAID RIGHT OF WAY LINE N89022'06"E 1107.26 FEET; THENCE SO°44' 12"E 659.47 FEET;
THENCE N89019' 14"E 30.00 FEET; THENCE S0°44' 12"E 340.56 FEET TO THE POINT OF
BEGINNING, CONTAINING 19.393 ACRES, MORE OR LESS, BEING SUBJECT OF ANY
AND ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR OF FACT.
Planning Commission • •
August 12, 2002
Page 38
RZN 02-23.00: Rezoning (Lindsey, pp 519) was submitted by Jerry Kelso of Crafton, Tull &
Associates on behalf of Lindsey Management Co. for property located north of Old Farmington
Road and east of Futrall Road. The property is zoned C-2, Thoroughfare Commercial and
contains approximately 19.39 acres. The request is to rezone to RMF- 18, Medium Density
Multi-Family Residential.
Hoffinan: Fourth on our agenda is RZN 02-23 .00, which is a rezoning for Lindsey
Development, which was submitted by Jerry Kelso of Crafton and Tull on behalf
of Lindsey Management Company for property located north of Old Farmington
Road and east of Futrall Road. The property is zoned C-2, Thoroughfare
Commercial and contains approximately 19.39 acres. The request is to rezone to
RMF- 18, Medium Density Multi-Family Residential. Staff recommends approval
of the requested rezoning based on the findings included as a part of this report.
Tim, would you like to give us a short report before we hear from the applicant?
Conklin: This is a rezoning request for 19.39 acres. The property is currently zoned C-2.
They are asking for RMF- 18, which allows for multi-family residential units,
apartments. This property was the site of what the City Planning Commission did
review and look at, which was the National Home Center large scale
development. That was never built on this site. This property does adjoin
apartments back to the east and the applicant is proposing to downzone it from C-
2, Thoroughfare Commercial to RMF-18, in order to develop additional apartment
complexes on this piece of property. That is all I have.
Hoffman: Thanks Tim. Is the applicant present and would you like to make a presentation?
Lindsey: Thank you madam Chairman. We several years ago bought this property from the
National Home Center and it was zoned Commercial and we knew that. At the
time the frontage road was two ways and now the frontage road is one way and it
is very difficult to deal with the concept of commercial there. We propose to do a
project that will have a substantial lake that will be close to the bypass side and it
will have fountains and we think it will be a very nice view of what we build here.
In real simple language,, when we went out there I thought who would be negative
to this? It is a total downzone and I really feel that I need to apologize to people
that I have considered friends for a long time and that is the Barnes, Howard and
Barbara. In that sense, they are on my immediate north there, and I did not
perceive their thoughts that they would like their property maybe to be
commercial and I am sure they will speak to that. My thought process is real
simple. It is a down zoning. We still have access to Old Farmington Road for the
entrance into ours to get back toward Hwy. 62 the way it is left but as far as the
bypass is concerned it is a difficult commercial turn. When a road goes one way,
in my opinion for whatever it is worth, I think they basically destroyed the
potential for commercial in any direction off of the immediate intersection. There
might be some type commercial that could go there in the future. We wanted to
use the land and therefore, we felt like that this was a fair and good way of doing
Planning Commission • •
August 12, 2002
Page 39
this, that this was a downzone would be in keeping with what would be
acceptable to the city and we appreciate the Planning office interpretation of that
and we look forward to being able to use the property for that purpose. Thank
you all very much.
Hoffman: Thank you. Is there any member of the audience that would like to address us on
this rezoning? Please come forward and tell us who you are.
Schaper: I am Len Schaper, 1940 Pratt Drive. I have a philosophical and long range issue
with the proposed rezoning because right now on the 2020 land use plan this area
is designated part of regional commercial. It is a major commercial node that it is
indicated on the land use plan at the intersection of 6`s Street and the bypass. Is it
a major commercial node right now? No. It is a minor commercial node perhaps
but we have not seen yet the impact of the construction of I-540 on southern
Washington County south of Fayetteville. In other words, the land south of
Fayetteville has not had time to develop since the completion of that roadway. It
will certainly develop because now it is a lot more accessible to Fayetteville than
it was in the past. The positioning of a major commercial node here at this
intersection, which is one of the few intersections where you could have a major
commercial node, is very important for the economic health of Fayetteville in the
future. From my time on the City Council, and certainly you all know, that the
city lives by the sales tax. You also know that in the last few years the demands
on city services are going up and the sales tax revenue is not keeping up with the
demands on city services so we have had to go into reserves in the city to make
ends meat on the budget. We need our commercial areas in order to fund the city
services that are expected by the citizens of Fayetteville. We will need them more
in the future. The fact that this land is not developed now and it may be a bit
inconvenient to develop doesn't deny the fact that the folks who live south of
Fayetteville, just as we relied on folks from all over Northwest Arkansas in the
past to come to Fayetteville to shop, we are hoping that in the future that
development will occur south of us along that bypass, those folks will still come
to Fayetteville to shop. If they do, this is the first lace they are going to come to
is this major regional area at this intersection of 6 Street and the bypass. When
we think longterm about the economic health of our city, I am worried that if we
let this area become residential that this is a drain on our resources instead of an
addition to our resources. You know land at commercial nodes like that is like
waterfront property. There is only so much of it. We are not going to get another
interstate highway through the city of Fayetteville. The land that is along it, the
land that is very accessible to it is a precious resource that we have to guard and
just turning it over because of a short term concern that it may not be as
convenient to develop as other land, in the long term may be a very serious
problem for us given the long term economics and how we support our city. We
know that residential does not pay for itself in terms of city services. The cost of
those services is born by the commercial because of our reliance on sales tax and I
think we need to keep all of our opportunities open to maximize our sales tax
Planning Commission • •
August 12, 2002
Page 40
revenue. It is being taken away because we are seeing increasing commercial
development in Benton County north of us, look at the building permits. We have
to keep our options open here and I am not saying we'll develop in the next five
years, it may be ten, it may be fifteen, it may be twenty, but that is what long term
land use and regional planning is about. Please don't foreclose our options to
keep our economy healthy by turning this over to a residential development when
we will need that commercial in the long term. Thank you.
Hoffman: Thank you Mr. Schaper. Is there anybody else that would like to address us on
this rezoning?
Archer: Julian Archer 2115 Markham Road in Fayetteville. I would like to give you
somewhat of an expanded view of the question. What you are asked to do here is
to rezone a certain section. If you do rezone it to this multi-family usage that is
before you, you have then created a terrible dilemma for the property owned by
Mr. And Mrs. Barnes just to the north of it. Some 9.4 acres, I believe that Mr.
Barrmes has provided you with a map showing that. I happen to own the property
just to the north of Mr. And Mrs. Barnes, a 20 acre tract. The Barnes also own a
land locked triangle along Futrall. If this should be rezoned the property just to
the north is R- 1 but it doesn't really make it feasible for this to be R- 1 and so you
are going to have coming before you in the coming years, maybe not while you
are Commissioners but the city of Fayetteville will having come before it the
question of what to do with this property. It certainly will .not be handled as R- 1 ,
it will undoubtedly be some kind of multi-family project. Then the pressure will
be on us as to how the property should be handled and whether to keep it R- 1 .
We have no R- 1 plans there at all. We certainly would like to just see it as woods
although we know it would certainly be unattractive to have an apartment
complex there. What I would like to call upon the Planning Commission to do is
to table this motion today, ask the city staff to come back with a full fledged plan.
Mr. Lindsey has very appropriately pointed out the traffic problems there, and
they are very real. No one, if you add these 300 plus units in there and then on
the Barnes' property to the north there could be another 150 to 180 units in there
if that is rezoned sometime in the future, which undoubtedly it will be. There is
no street plan that is before you. You as the Planning Commission need to see
how all of that traffic is going to be handled, how that residential traffic is going
to be handled, how that commercial traffic is going to be handled. You might be
wondering, and I want to bring this before you, have I been approached about this
for sale. Yes I have. This is another factor for consideration. You do have, as
Mr. Schaper pointed out some of the prime commercial real estate in Fayetteville.
The fact that it has not sold in the last four years certainly is very, very difficult
for Mr. Lindsey but who would have predicted that that drive-in on the road to
Farmington would've become a Wal-Mart Supercenter, that that property
would've gone through that evolution. I think all of you have lived in Fayetteville
long enough to see that areas that you never thought would develop the way they
did have indeed developed and developed with amazing rapidity so I think it
Planning Commission • •
August 12, 2002
Page 41
would behoove you and the City of Fayetteville to ask for a full scale plan for
traffic. Also, you keep repeating, not you as the members, but the Planning staff
repeats that there is very land left for this type. I think that what would be ideal in
this situation would be to see some kind of commercial in here followed by
residential. This is going to be the first view of Fayetteville for many people and
if other land sales should take place, maybe you should consider not simply
rezoning this area but rezoning at the same time areas to the north to have a
comprehensive plan for this. If there is enough land, say 40 acres, and Mr.
Lindsey and I have talked about this, that you may even have one of the golf
course developments as opposed to the standard apartment development with the
golf course ringing this area. That would make certainly a much more attractive
site for people coming to Fayetteville for the first . time than simply just
apartments. Those are some of the concerns that I have as a nearby property
owner. Thank you. I would also like to say on behalf of Mr. Lindsey that
certainly his apartments are very, very well maintained, well managed units that
you don't have some of the rundown appearances that other apartment units have
and we know that this is an opportunity to create both a superb commercial area
and perhaps a good multi-family area in this gateway to the city of Fayetteville.
Thank you.
Hoffman: Thank you Mr. Archer. Is there any other member of the audience that would like
to address us on this rezoning tonight? Seeing no one I will go ahead and bring it
back to the applicant and to the Commission for further discussion.
Lindsey: Thank you. One of the things that I would want to point out that we are not
rezoning this whole tract. You have Sines body shop, you have the bank on that
corner south and then north there we are keeping six acres of this and then we are
moving to the R-2. It is consistent with the general planning of zoning
commercial at the intersections and moving away and zoning R-2 as you go up
the street. Again, I point out 'that it is a one way street. If you go on further north
the land starts getting very steep and difficult to build on. I just see it as being a
use for this land mainly because of the one way road and that is not going to
change. They had a little meeting and a hearing and all of the sudden they just
said that is the way it is going to be. Well, nobody got to vote on it, nobody even
had a chance to talk about it. People from the city were there and weren't for it as
I understood it. The Highway Department just said that is the way it is going to
be. We know that's not fair, we know it restricts the commercial use and from my
point I am leaving approximately six acres on the comer and then we will buffer it
to residential and go on with the land use plan, which I think includes R- 1 past
our land. That is the point I would make. Thank you all.
Hoffman: Thank you.