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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 m C) 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. Planning Commission ` • August 12, 2002 Page 42 Motion: Estes: I agree with most of what Mr. Schaper said with a couple of exceptions. This property is removed from the commercial node. It is a piece of property that is bordered on the west by Futrall Drive with one way access and the only remaining ingress and egress to the property is Root Avenue and Stone Street. I bet that if we asked Mr. Lindsey he would tell us that he would've much preferred that it remain a C-2 use but because of some action that was taken that was outside of his control that is not possible so that leaves us with the proposed down zoning. The proposed zoning change from C-2 to RMF-18 from the city of Fayetteville's future land use plan, which shows C-2. The surrounding area is residential and that is being consistent with the land use plan. The proposed zoning will downgrade from a C-2 to a RMF-18. This will amount to considerable less traffic than the commercial use such as a large retail center. These are some of the reasons that at this time I would move that we forward to the City Council with a do pass recommendation of RZN 02-23.00. Hoffman: I have a motion by Commissioner Estes. Allen: I will second. Hoffman: I will give the second to Commissioner Allen. Shackelford: Just one point real briefly. In regard to the comments that allowing this multi- family development would have an adverse affect on future developments of commercial in this node, I am in disagreement with that statement. I look towards just north of here, the corner of Wedington and I540 is an area that there is currently commercial development going on two of the four corners and we have apartment complexes on the other two comers so I think that I am in support of this and think that it won't in any way affect the future development of this as a commercial node. Hoffman: Thanks Commissioner. I would like to add to that statement that my reading of the 2020 Plan we do have mixed uses encouraged even though they may not be accurately shown as the designated land use on this particular area that I would like to dry an analogy between this development and what we just approved a moment ago at CMN for a multi -family use in a commercial district. We down zoned there and in my view we are making what could be a "big box development" more attractive by mixing the uses and providing some break in that heavy commercial. For that reason, I will support the motion as well. Tim, did you have something to say? Conklin: I just wanted to respond to a couple of comments. In ten years I have seen three shopping centers struggle at that intersection. I have seen two grocery stores that are no longer there today. One is Food 4 Less, which went with Wal-Mart and Planning Commission • August 12, 2002 Page 43 then Marvin's IGA. I am very pleased that the Planning Commission recently saw the Westlake Shopping Center renovations going forward and we did rezone some of that to C-2 with that commercial node and I think that we will see some nice new businesses going into that shopping center. What I would hope, because that is an entrance into the city of Fayetteville, and what concerns me is that when you do drive into Fayetteville and you look at the Food 4 Less shopping center and you look at the old Wal-Mart shopping center it would be nice to see those redeveloped in the future with that commercial node to serve the citizens of Fayetteville and the visitors to Fayetteville. I think that there is an opportunity here also if this is rezoned by the City Council, down zoned to RMF-18 that these shopping centers could be redeveloped and could be an asset to the city of • Fayetteville because right now I think that they are somewhat lacking as an entrance into the city of Fayetteville. Also, we did recently approve a 25 acre commercial development Final Plat up at Wedington and I 540 and the amount of acreage that you see with Marvin's, the old Food4Less, and the old Wal-Mart, I think there is enough acreage there that in the future redevelopment, changing those uses from a Wal-Mart setup warehousing situation and an optical lab that we could eventually get some kind of retail back at that intersection. I just want to make that point, thank you. Hoover: I have a couple of questions for staff. Could you just explain first of all how are we supposed to view the 2020 plan? Is this a guideline? Second, how are some of these land use applications chosen like for instance on the nodes, give a little bit of history about our 2020 plan and how we should view it. Conklin:. Sure. On the commercial nodes and what you see on your 2020 land use plan are those areas that were existing as commercially zoned pieces of property and that was due the fact that during the development of the 2020 plan the City Council and Planning Commission stated a desire, a policy not to expand commercial all up and down all the highways, Crossover Road, Hwy. 265, I 540 so commercial was limited to those nodes and I think we have done a good job at the city to limit commercial to those nodes if you look at Hwy. 45 and Hwy. 265, if you look at our other intersections. That is how that was determined. With regard to, I am going to go into the regional commercial part, because we did assign a designation for regional commercial and that is of course up with the Northwest Arkansas Mall and land surrounding the mall, in particular the CMN II development, 309 acres estimated at 2.7 million square feet of retail just in the CMN development. We have seen about three to four hundred thousand square feet since those Final Plats have been approved. Just around the mall we saw 1.6 million square feet of retail in the last ten years be developed including an expansion of the mall to around 900,000 square feet from about 500,000 square feet so that really has become a regional retail center for Fayetteville up at the Northwest Arkansas Mall and that area. Those are the differences in the type of commercial that is shown on the land use plan. There is a recognition that we do have a regional commercial area and then we do have commercial areas that serve Planning Commission • • August 12, 2002 Page 44 the city of Fayetteville. Ward: I too agree with Mr. Schaper about taking away our commercial land and making it more for residential is not really the right step to go with taking away the sales tax potential and so on but it is kind of like the property directly across the road from this to the west there are two or three motels that we have over there. You can't get there. They struggle nightly to meet payroll and so on because of the changing of the roads out there as far as one way. I have had to pick people up out there and I couldn't get to the motel. I wasn't smart enough to get there. It has become a problem with the way that the State has changed that making those one way. I do think that Mr. Lindsey does do a great job on landscaping and what his apartment complexes look like. I think they look great along 1540, there are three or four complexes already that have been built recently along there that have become, I think they look fantastic compared to what could be along there. I will support this although there is some relevance to what Mr. Schaper has to say about taking away our commercial nodes for residential. Hoffman: Is there any further discussion? Renee, would you call the roll please? Roll Call: Upon completion of roll call the motion to forward RZN 02-23.00 was approved by a vote of 8-0-0. Hoffman: Thank you Renee. The motion carries unanimously. 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: Dawn T. Warrick, AICP, Senior Planner THRU: Tim Conklin, AICP, City Planner DATE: August 12, 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. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. COMMISSION ACTION: August 12, 2002 COUNCIL ACTION: September 3, 2002 Comments: Required YES O Approved O Denied Required YES O Approved O Denied H: I USERSI COMMONI PLI NNING ReportsW CREPOR7S 20021 augustll indsey_rznO2-13doc r• 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 I-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. SURROUNDING LAND USE AND ZONING North: Vacant, R-1 South: Vacant, C-2 East: Fayetteville H.S. West Campus, P-1 West: I-540 / Commercial, C-2 INFRASTRUCTURE: Access to this site is available from Old Farmington Road (a local street) which is located south of the site and from Futrall Drive which adjoins the west property line and runs north between the subject property and I-540. In reviewing materials from a development proposal which was approved but not constructed on the site, water and sewer facilities are available to serve a development on the property. Possible extensions of utilities or other off -site improvements made necessary by a development proposal for this site will be reviewed at the time of development review and presented to the Planning Commission for final determination should this rezoning be H: I USERSI COMMONI PLANNING I Reports PCREPORTS 20021 augusNindsey_rzn02-23d oc •• successful.. LAND USE PLAN: 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. FINDINGS OF THE STAFF 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: This area is designated Regional Commercial on the Future Land Use Map. That designation is reflective of the current zoning of the site which is C-2, Thoroughfare Commercial. The property was zoned residentially prior to a development proposal in 1994 which was never built. The proposed zoning will return the property to a residential designation and will allow for the development of residential units within close proximity to commercial areas which can serve those new residents. Connectivity of pedestrian as well as vehicular access routes when the property is developed will satisfy the City's policies of connectivity and providing mixed use areas where appropriate. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Large tracts of undeveloped land which is zoned for multi -family residential development are no longer available within the City. Generally, the Planning Commission and City Council are asked to rezone property for this purpose and in several recent instances, properties have been downzoned in order to provide land in the proper zoning districts. Examples of this type of action include — Bristol Park apartments (in CMN II west of the NWA Mall), Shiloh West Apartments (west side of I-540, south of Wedington), Cornerstone Apartments (east side of I-540, north of Wedington) and Fair Park Apartments (east of I-540, south of the Hwy 112 interchange). 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will cause an increase in traffic movements in this area. Regardless of the type of development, additional traffic will result. The streets surrounding the subject property (Old Farmington and Futrall) are feeder roads to the I-540 bypass. Futrall is designated a collector on the Master Street Plan and 6th Street (Hwy 62) to the south is a principal arterial. Traffic counts provided by the AHTD indicate approximately 3,500 vehicle trips per day (vpd) on Futrall in this location. A collector street as defined in the City's General Plan is to be designed to carry between 4,000 and 6,000 H:I USERSICOMMONIPLANNINGIReportstPCREPOR7S2002taugusAlindsey_rn01-23doc •• •• vpd. Traffic counts for 6°i Street show approximately 26,000 vpd south of the property. A principal arterial should carry 17,600 — 20,600 vpd. Old Farmington Rd. is a local street which should carry up to approximately 4,000 vpd. Access to the site and improvements to the circulation system in the area will need to be evaluated at the time of development. The applicant will be required to provide access to several existing streets in order to promote connectivity and allow for orderly ingress and egress from the development. 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 would alter population density. It should not however undesirably increase the load on public services. 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 USERSICOMMONIPLANNINGIReporisIPCREPOR7S20011augUSAlindsey_nn02-13doc •• .0 §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 USERSICOMMOMPLANNINGIReportslPCREPORTS20011augustUindsey_rzn02-23doc •0 Exhibit "D" §161.063 DISTRICT RMF-18 MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL. . A. Purpose. The Medium Density Multi -family Residential District is designed to permit and encourage the development of multifamily residences at a medium density that is appropriate to the area. B. Uses. 1. Uses Permitted. Unit I 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 18 D. Bulk and Area Regulations. 1. Lot Width Minimum. 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 • • • • Ord. No. 4325 I r of Ana 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 I Acre 1 r.and Aroa Per Dwelling Unit. Mobile Home 3,000 Sq. Ft. Apartments: Two or More 2,000 Sq. Ft. Bedrooms One Bedroom 1,700 Sq. Ft. No Bedroom 1,700 Sq. Ft. Fraternity or Sorority 1,000 Sq. Ft. per Resident F Va.d Rennirementc (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(III);.Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81) S. CipCrafton, Tull associates, Inc. P.O. Box 549 Rogers, AR 72757 479.636.4838 Fax 479.631.6224 www.craftull.com July 22, 2002 Tim Conklin City of Fayetteville, Planning 113 W. Mountain Fayetteville, AR 72703 RE: Proposed Rezoning CTA Job No. Dear Tim: This is a proposed rezoning requestfor Partnership at the Old National Homecenter site that was approved along Futrell Road. The existing zoning is C-2 and we are asking for an RMF-1 8 multi -family zoning for the north 1000' of the property. The remaining piece at the south end would remain C-2. Water and sewer are available to the site and the surrounding area is existing multifamily and commercial. Should you have any questions, or require any additional information, please contact us at your convenience. Very Truly Yours, Crafton, Tull & Associates, Inc. Jerry Kelso, P.E. Vice President Attachment: Architects,Engineers & Survey o r s 00 •0 4> Grafton, Tull & Associates, Inc. P.O. Box 549 Rogers, AR 72757 479.636.4838 Fax 479.631.6224 www.crafull.com July 25, 2002 City of Fayetteville Planning Division 113 West Mountain St. Fayetteville, AR Re: Rezoning Request for Lindsey Family Trust © Futrall Road Dear The City of Fayetteville Planning Commissioners and City Councilmen: The following statements address the items in section 6 of the rezoning application: a. The proposed zoning change from C-2 to RMF-18 is a downgrade from the City of Fayetteville's Future Land Use Plan showing C-2. The surrounding area is residential being consistent with the Land Use Plan. b. There is a plan to put 312 units on this property for a multi -family development. c. The proposed zoning will downgrade from a C-2 to an RMF-18, which would be considerable, less amount traffic than a commercial use such as a large retail center. d. There would be an increase in population as a result of multi -family development, but again would be less of an impact than a commercial development e. The existing C-2 zoning would put a lot of pressure on the surrounding infrastructure and a multi -family use would be more desirable with the existing area. Should you have any questions concerning this request, please feel free to contact me at 479-878-2423. Respectfully, Jerry Kelso Project Engineer Architects. Engine e Z d Z90011L0£9 0N/OP:91 1S/Lfr:91 Z00Z SZ 10f (RH1) r s & S is r v e y o r S W08J 0 of Planning Commission March 28, 1994 Page 3 PUBLIC HEARING - REZONING APPEAL NO. R94-13 EOFF TRUST III MAURICE BARNES, CLAUDE CURRY, 6 VERNON LIERLY - E OF FUTRALL DRIVE, NORTH OF OLD FARMINGTON ROAD The next item was a public hearing for Rezoning R94-13 submitted by Lynn Farrell on behalf of Eoff Trust III, Maurice Barnes, Claude Curry, and Vernon Lierly for property located on the east side of Futrall Drive, north of Old Farmington Road. The request is to rezone 20.04 acres from R-1, Low Density Residential and R -O, Residential -Office to C-2, Thoroughfare Commercial. Mr. Conklin advised the applicant had petitioned for C-2 zoning in order to develop a regional commercial use on the site. He pointed out the 2010 General Plan did recognize that the Highway 62 Bypass interchange was one of the four areas to direct regional type of commercial uses. He stated that, when the site was developed, the owner would be required to go through the large scale development process, 'at which time on -site and off -site improvements would be required. He noted that, to the north, there was R-1 zoning on vacant land; to the east was the Fayetteville West Campus which was zoned P-1, Institutional; to the west was C-2 zoning with the Bypass and commercial uses; to the south was c-2 zoning with commercial uses. He also pointed out the 6 -inch water and sewer line along Old Farmington Road and a 21 -inch force main along Futrall Drive. He noted access to the site was from Futrall Drive which was classified as a collector street under the Master Street Plan. He recommended approval of the requested rezoning. He pointed out rezoning the property would be consistent with the recommendation and policies outlined in the 2010 Plan. Mr. Allred asked if the new overlay district being worked on would apply to this as the development. Ms. Little stated it would depend on the time -frame in which the overlay district was adopted and added it would also apply to any large scale developments or subdivisions which occurred after the date of adoption. Mr. Allred clarified it could have an impact on the development, but it should not have an impact on the zoning of it. Ma. Little agreed. Ms. Britton inquired as to whether there were any streets other than Old Farmington Road that could access back through to interior streets. Mr. Conklin stated possibly Stone Street could be accessed between the P-1 and the R-2 where a development was currently coming through. He also noted there was right-of-way to the west that possibly extended to or into the subject property. Ms. Little stated Stone Street was the street beginning at the east and heading to the west north of the P-1 school property. She explained there was a subdivision which had been through Plat Review and Subdivision Committee where additional access to the west had been requested by the staff. She stated the street would be extended to the west but not the complete length of the remaining property. Ms. Britton expressed concern that, if the property developed as C-2, all the traffic would be forced to go through the intersection. Ms. Little advised Futrall Drive existed all the way to the north and south which would take traffic up to Wedington as well. do 00 Planning Commission March 28, 1994 Page 4 Ms. Britton noted it would still impact an interchange where ingress and egress off the highway was taking place. She added she was concerned the traffic could not disburse in more than a north/south direction. . Mr. Conklin advised he had reviewed traffic direction and noted that, given the infrastructure currently in place, Futrall Drive did have access onto the Bypass going north. He also pointed out there was a signalized intersection onto a 5 -lane principal arterial (Highway 62) and access on the Bypass at that location. He advised it was the staff's opinion that, if they were going to site some type of regional use which would generate traffic, the subject tract would be one of the better locations in Fayetteville. Ms. Britton asked if all of the property was on a fairly gentle grade. Mr. Conklin noted it was his understanding the tract was fairly level before it started going up hill. Mr. Lynn Farrell advised the particular tracts included in the rezoning request were basically level and noted it was to the north of this site that the elevation increased. Mr. Farrell advised the owners had owned the subject property since prior to construction of the Bypass and the service road, Futrall Drive. He added he. had contacted Dr. Winston Simpson, Superintendent of Fayetteville Public Schools, who endorsed and supported this application. He further noted the property owner to the immediate north was in attendance and he concurred with the zoning change. He further stated the property to the south and the west were already zoned C-2. MOTION Mr. Head moved to recommend approval of rezoning request R94-13 subject to staff comments. The motion was seconded by Mr. Reynolds. The motion carried 9-0-0. Ms. Britton inquired at what point the Commission needed to determine the development overloaded the intersection. She noted that, if commercial development took place all along Futrall Drive and all vehicles had to access either at the top or the bottom, there would be a corridor of very heavy traffic which intersected at each end with another heavy corridor of traffic. Ms. Little stated the only way to determine when a Commission action would overload an intersection would be to. have traffic counts on the street, the average daily traffic during the peak hours, and then know the uses allowed under the current zoning to project the traffic generation and then compare that count to the capacity of the roadway. • • • • 91 April 19, 1994 Alett Little stated this zoning will bring the 4 duplexes currently on the land into compliance with the zoning. City Attorney Rose read the ordinance for the first time. Odom, seconded by Box, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0, and the City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. The motion passed by a vote of 7 to 0. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3776 APPEARS ON PAGE /63 OF ORDINANCE BOOK X'I't// REZONE R94-13 Mayor Hanna introduced consideration of an ordinance rezoning 20.04 acres located on the east side of Futrall and north of Old Farmington Road from R -O, Residential -Office, and R-1, Low Density 'Residential, to C-2, Thoroughfare Commercial, as requested by Lynn Farrell on behalf of Eoff Trust III, etal. The Planning Commission voted 9-0-0 to recommend the rezoning. City Attorney Rose read the ordinance for the first time. Box, seconded by Daniel, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed by a vote of 7 to 0, and the City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance on its third and final reading. The motion passed by a vote of 7 to 0. Rose read the ordinance for the third time. Upon roll call, the ordinance passed by a vote of 7 to 0. ORDINANCE 3777 APPEARS ON PAGE /6S OF ORDINANCE BOOK X X v// REZONE R94-14 Mayor Hanna introduced consideration of an ordinance rezoning 2.63 acres located on the north. side of Joyce Boulevard and west of Crossover Road from A-i, Agricultural, to R -O, Residential -Office, as requested by Neal Pendergraft on behalf of Perry Crawford. The Planning Commission voted 9-0-0 to recommend the rezoning. City Attorney Rose read the ordinance for the first time. Box, seconded by Daniel, made a motion to suspend the rules and place __the ordinance on its second reading. Upon roll call, the motion passed by a vote of 6-0-1, with Odom abstaining. The City Attorney read the ordinance for the second time. Miller, seconded by Odom, made a motion to further suspend the rules and place the ordinance • 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 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 Account Number Category/Project Budget Funds used to date Project Number Remaining balance Category/Project Name Program Name BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date ADA Coordinator Date City Attorney 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. Department Director Administrative Services Director N' (7_c Cross Reference Date Date New Item: Yes No Date Prev Ord/Res#: Mayor Date Orig Contract Date: is FAYETTEVITLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Director From: Heather Woodruff, City Clerk Date: October 23, 2002 Attached is a copy of the ordinance approving rezoning request RZN 02-23.00. The original will be filed with the City Clerk. Cc: Scott Caldwell, Info. Tech. John Goddard, Info. Tech. Clyde Randall, Info. Tech. Ed Connell, Engineering � Tbt4- F I I I ,/I t•FSL4l, AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am Leg I Clerk of the Arkansas Democrat -Gazette newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference /t to the files of said publication, the advertisement of: �'Y was inserted ** Publication Charge: $ Subscribed and sworn to before NOVhis I day of Nov , 2002. Notary Publi Official Seal My Commission E TAMMY $bI ALEN �r)�YblanTan��s WASHINGTON COUNTY MY Commission Expires 11-05-2011 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED NOV 1 3 2002 CITY OF FAYETTEVi' CITY CLERK'S OFFICE in the regular editions on ORDINANCE NO. 4024 ' AN ORDINANCE REZONING TWIT 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 FUTR.ALL - ",} '.- DRIVE.. FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY �. JERRY IB.SSO OF CRAFTON, TULL & ASSOCIATES ON I' BEHALF OF LINDSEY MANAGEMENT COMPANY Cityof Fayefleville. BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY 0 FAYETTEVILLE ARKANSAS: Sectlon 1. That the zae tlsvtcmbn of the fo1o.1 g Ebated Properly Is hereby ch riled ae fdom: • Fran C-2, Thaaghtara Catmeraal to RMF-18, Meohm Dbaay MW-Fwriy Reaber4ls 0e shown t Eoltlt A etta hereto ertl made a pen hereof. S•ctbn 2. That the oIAGN zortg rap of the City of FayetteaBe, Ar wsn Is hereby B1l•Ieed to reMa the zcra, charge prorload h Becton 1 above. PASSED " APPROVED this the 15th day of October. 2002. APPROVED: BY DAN COODY. 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I Y, f I" N ry Y w .r I s Y 7/+ /7' I" u \N,4//_,/ r,rN, ✓ ",✓ h. r !f !"w X f J"J " r //)+ ' y'" 0 y y% ARKANSAS I J pyy/ytyy' REGISTEROFES 'EggEI) yp' J'. \ I NEER * * * C" No. 9407 I Drown by RK Chocked by Date August 2002 0 p" C/) C 0) C M+ O a) O 0 Job Number 021081-00 Contact Person Jerry Kelso