HomeMy WebLinkAboutOrdinance 4427 ORDINANCENO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-28.00 FOR A PARCEL
CONTAINING APPROXIMATELY 3.34 ACRES LOCATED AT
1509 MORNINGSIDE DRIVE, FAYETTEVILLE, ARKANSAS, AS
SUBMITTED BY GLENN CARTER OF CARTER CONSULTING
ON BEHALF OF DEWAYNE PROVENCE
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 R-2, Medium Density Residential to I-1, Heavy Commercial/Light
Industrial 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.
y PASSED and APPROVED this the 15w day of October, 2002.
APPROVED:
F y o _
DAN COODY, Mayor o _- � p
Cn ' _n
ATTEST: A G co C)
-o C- a m
By:
0
Bather Woodruff, City Cf4rk a' o
20 10 1 71414
ord 4427
EXHIBIT "A"
RZN 02-28,00
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4)
OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT THE CENTER OF SAID SECTION 22, AND RUNNING THENCE
S890571429'W, 440.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE
ALONG QUARTER SECTION LINE S89057'42"W, 440.59 FEET; THENCE S00° 14'21 "W,
331 .00 FEET; THENCE N89°57 '42"E, 440.59 FEET; THENCE N00° 14'21 "E, 331 .00 FEET TO
THE POINT OF BEGINNING, CONTAINING 3 .348 ACRES, MORE OR LESS .
LESS AND EXCEPT THAT PORTION OF LAND LYING AND BEING SITUATED IN
HIGHWAY 16 BY-PASS RIGHT-OF-WAY.
203 714 � �
I, Bette Stamps, Circuit Clerk and Fx-offdo Retarder
for Washington County, Arkansas, do hereby tertHy
that this instrument wes fled for record in my office en
indicated hereon and the same is now duly recorded
in�Recordthe aBook 0andmpageand
as indicatedcertificate
thereon•
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the data indi-
celed hereon.
Bette Stamps
Circuit Clerk ffi io Recorder
by
NAME OF FILE: Ordinance No. 4427
CROSS REFERENCE:
Item # Date Document
1 10/15/02 10rdinance # 4427
2 10/02/02 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 October 15 , 2002
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZN 02 - 28 . 00 as
submitted by Glenn Carter of Carter Consultants on behalf of
Dewayne Provence for property located at 1509 Morningside Drive .
The property is zoned R-2 , Medium Density Residential and contains
approximately 3 . 34 acres . The request is to rezone to I - 1 , Heavy
Commercial / Light Industrial .
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 :
A u ting tanager Date ADA Coordinator Date
�f177 Z
Ci t o ney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on September
23 , 2002 the Planning Commission voted 7 - 1 - 0 to recommend the
rezoning be approved by the City Council .
�-�- Cross Reference
Divi, iont7 D_atf n
D—/ n for L4 gDate New Item : Yes No
dmin rat ' Ser ' ces Date Prev Ord/Res# :
Dire
Mayor /Date Orig Contract Date :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-28.00 FOR A PARCEL
CONTAINING APPROXIMATELY 3.34 ACRES LOCATED AT 1509
MORNINGSIDE DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED
BY GLENN CARTER OF CARTER CONSULTING ON BEHALF OF
DEWAYNE PROVENCE.
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 R-2, Medium Density Residential to I-1 , Heavy Commercial/Light
Industrial 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:
DRAFT
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
RZN 02-28.00.PROVENO1
EXHIBIT "A"
RZN 02-28.00
A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW '/4)
OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT THE CENTER OF SAID SECTION 22, AND RUNING THENCE S890571423'W,
440.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE ALONG
QUARTER SECTION LINE S89057'427W, 440.59 FEET; THENCE S00° 14'21 "W, 331 .00 FEET;
THENCE N89057'42"E, 440.59 FEET; THENCE N00° 14'21 "E, 331 .00 FEET TO THE POINT OF
BEGINNING, CONTAINING 3 .348 ACRES, MORE OR LESS.
LESS AND EXCEPT THAT PORTION OF LAND LYING AND BEING SITUATED IN
HIGHWAY 16 BY-PASS RIGHT-OF-WAY.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO : Fayetteville Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: September 19, 2002
RZN 02-28.00: Rezoning (Provence, pp 602) was submitted by Glenn Carter on behalf of
Dewayne Provence for property located at 1509 Momingside Drive. The property is zoned R-2,
Medium Density Residential and contains approximately 3 .34 acres. The request is to rezone to
I- 1 , Heavy Commercial/Light Industrial.
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: September 23, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: October 15, 2002 (If recommended, I " reading)
Comments:
H:I USERSICOMMONIPLANN/NGIREPORTSIPCREPORTS 2002 LSEPTEMBEM9-231PROVENCERZN02-28DOC
BACKGROUND:
Property Description. The subject property is located at 1509 Morningside Drive, a vacant parcel
located south of 15th Street. The applicant owns property with one parcel zoned I- 1 Heavy
Commercial/Light Industrial and another zoned R-2 Medium Density Residential. The applicant
operates a trucking company on the I- 1 parcel. Mature trees line the west and south sides of the
property.
Proposal and Request. . The applicant would like to expand his business with an office building
on the R-2 parcel. The R-2 district does not allow for an office or a trucking business. He is
requesting that the R-2 property be rezoned to I- 1 , consistent with the rest of his property, to
allow him to expand his business.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Office'/ Industrial I- 1 Heavy Commercial / Light Industrial
South Vacant R-2 Medium Density Residential
East Industrial I- I Heavy Commercial / Light Industrial
West Residential R-2 Medium Density Residential
INFRASTRUCTURE:
Streets: North: 15th Street (Principal Arterial)
South: Cato Springs Road (Minor Arterial)
East: Morningside Drive (Collector)
West: School Avenue (Principal Arterial)
Water: Existing 12" water line across the street from the property.
Sewer: Sewer will have to be extended from an existing 20" line south of the property.
LAND USE PLAN: General Plan 2020 designates this site as Mixed Use. Rezoning this
property to I- 1 Heavy Commercial / Light Industrial is consistent with the land use plan and
compatible with surrounding land uses in the area.
H:I USERSICOMMOMPLANNINGIREPOR7SIPCREPOR7S20011SEPTEMBERI9-131PROVENCEiZZN01-28DOC
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with' land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed rezoning is consistent with the objectives, principles and
policies of the Future Land Use Plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified in order for the property owner to expand
his trucking business and for all of his property to be zoned alike.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding:
Planning Findings: Planning does not find that the proposed rezoning will
significantly increase traffic danger and congestion. Trucks are already
being used adjacent to the subject property and the addition to the business
is an office, which should not generate significant traffic.
Public Works Findings: At this location Morningside is a two lane City street
north of the end of State Highway 156 and 15`h Street is State Highway 16
East (also two lanes). The proposed rezoning may, or may not, result in
additional traffic volumes for this area, subject to the final use of the
property. The access to the developed site and circulation network within the
development shall be reviewed in detail as part of large scale development
process. The layout, connectivity, circulation plan, ingress and egress
provisions will be reviewed in detail as the information becomes available.
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: Planning Finding: Planning does not find that the rezoning of this property
will increase population density.
Public Works Finding: Existing 12" water main on the north side of 15th
Street and existing 24" water main on the east side of Morningside Drive.
Existing 8" sanitary sewer line at the west side or west of the property.
Existing 21" and 30" sanitary sewer transmission main trunk lines south of
the property.
H:I USERSICOMMONIPLANNINGIREPORTy1PCREPORTS20021SEPTEMBERI9-231PROVENCEkZN02-28.DOC
The proposed rezoning and ultimate development may increase the loading
on the existing infrastructure systems. During the development's review and
approval process the adequacy of the existing infrastructure to accommodate
the service requirements will be assessed by the developer's consultant and
reviewed by city staff. Any inadequacies, lack of availability, need for
improvements and determination of 'responsibility for the infrastructure
improvements shall be resolved during the development's review/approval
process.
Fire Department Finding: Response time of 3 to 5 minutes. A solid driving
surface (20' wide) is needed for access to new facility. Additional hydrants
may be required. If the building is to be sprinkled a fire hydrant shall be
installed within 100' of Fire Department connection.
Police Department Finding: After reviewing the above rezoning request and
looking at the property described, the police department does not have an
objection to the rezoning being granted. They do no believe there will be any
adverse effects to public safety should this property be rezoned.
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 USERSI COMMOMPLANN/NG I REPORTSI PCREPOR7S 20021 SEPTEMBER I9-231 PRO VENCD?ZN01-18DOC
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
Lot Within a Mobile 4,200 Sq. Ft.
§161 .06 DISTRICT R-2 MEDIUM DENSITY Home Park
RESIDENTIAL. Row House:
Development 10,000 Sq. Ft.
A. Purpose. The High Density Residential Individual Lot 29500 Sq. Ft.
District is designed to permit and encourage the Single-Family 6,000 Sq. Ft.
developing of a variety of dwelling types in suitable
environments in a variety of densities. Two-Family 7,000 Sq. Ft.
Three or More 91000 Sq. Ft.
B. Uses. 1. Uses Permitted. Fraternity or Sorority 2 Acres
Unit 1 City-Wide Uses by Right Professional Offices 1 Acre
Unit 8 Single-Family Dwellings
Unit 9 Multifamily Dwellings - Medium 3. Land Area Per Dwelling Unit.Mobile Home 3,000 Sq. Ft.
Density
Apartments:
2. Uses Permissible on Appeal to Two or More 21000 Sq. Ft.Bedrooms
the Plannin Z Commission. One Bedroom 1 ,700 Sq. F[.
Unit 2 City-Wide Uses by Conditional Use n
Permit No Bedroom 1 ,700 Sq. Ft.Unit 3 Public Protection and Utility Facilities Fraternity or Sorority 1 ,000 Sq. Ft. perResident
Unit 4 Cultural and Recreational Facilities
Unit 11 Mobile Home Park E. Yard Re uirements (feet).
FRONT YARD SIDE YARD REAR YARD
Unit 25 Professional Offices
25 8 25
C. Densit .
Families Per Acre 4 to 24 Cross Reference: Variances Chapter 156.
D. Bulk and Area Regulations. F. Height Regulations. Any building
which exceeds the height of 20 feet shall be set back
1 . Lot Width Minimum. from any side boundary line an additional distance of
Mobile Home Park 100 Feet one foot for each foot of height in excess of 20 feet.
Lot within a Mobile 50 Feet
Home Park (Code 1991 , § 160.033; Code 1965, App. A, Art.
One Family 60 Feet 5(III); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81 )
Two Family 60 Feet
Three or More 90 Feet
Professional Offices 100 Feet
2. Lot Area Minimum.
Mobile Home Park 13 Acres
H:I USERSI COMMONI PLANNING I REPOR7SI PCREPOR7S 20021 SEPTEMBER I9-131 PROVENCERM02-28DOC
••
•0
From Chapter 161 Zoning Regulations
Fayetteville Unified Development Ordinance
§161.17 DISTRICT I-1 HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL.
A. Purpose. The Heavy Commercial District
is designed primarily to accommodate certain
commercial and light industrial uses which are
compatible with one another but are inappropriate in
other commercial or industrial districts. The light
industrial district is designed to group together a wide
range of industrial uses, which do not produce
objectionable environmental influences in their
operation and appearance. The regulations of this
district are intended to provide a degree of
compatibility between uses permitted in this district
and those in nearby residential districts.
B. Uses.
1. Permitted Uses.
Unit I
City -Wide Uses by Right
Unit 3
Public Protection and Utility
Facilities.
Unit 4
Cultural and Recreational Facilities
Unit 6
Agriculture
Unit 12
Offices, Studios and Related Services
Unit 13
Eating Places
Unit 17
Trades and Services
Unit 18
Gas Service Stations and Drive -In
Restaurants
Unit 21
Warehousing and Wholesale
Unit 22
Manufacturing
Unit 25
Professional Offices
Unit 27
Wholesale Bulk Petroleum Storage
Facilities with Underground Storage
Tanks
2. Uses Permissible on Appeal to
the Planning Commission.
Unit 2 City -Wide Uses by Conditional Use
Permit
Unit 19
Commercial Recreation
Unit 20
Commercial Recreation -Large Sites
Unit 28
Center for Collecting Recyclable
Materials
C. Bulk and Area Regulations/Setbacks.
Setback lines shall meet the following minimum
reauirements:
From Street R -O -W (when
50 ft.
adjoining A or R districts)
From Street R -O -W (when
25 ft.
adjoining C, I or P districts)
Side (when adjoining A or R
50 ft.
districts)
Side (when adjoining C, I or P
10 ft.
districts)
Rear (when adjoining C, I or P
10 ft.
districts)
D. Height Regulations. There shall be no
maximum height limits in I -I District, provided,
however, that any building which exceeds the height
of 25 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 25 feet.
(Code 1991, § 160.039; Code 1965, App. A, Art.
5(VIII); Ord. No. 1747, 6-29-89; Ord. No. 2351, 6-2-
77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79)
H. I USERSICOMMOMPLINMNGIREPORTSIPCREPORTS20021S8PTEMBERI9-231PROVENCERZN02-18DOC
o f ® RECEIVED
AUG2H22
9 2Si=2
CARTER CONSULTIN(fl WO
Drive, Suite 14 Fayetteville, Arkansas 72704 (4
August 20, 2002
Sarah Edwards
Associate Planner
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Re: Dewayne Provence Rezoning
Please find attached to this letter the rezoning application for Dewayne Provence. All required
information should be attached.
In response to item #5:
a. Dewayne Provence currently owns property located on the south side of 15'" street from
the creek to Morningside drive. This includes a parcel zoned R-2 and a parcel zoned I-1.
There are no proposed or pending property sales.
b. Mr. Provence owns a trucking company located on the I-1 parcel which is adjacent to the
R-2 parcel. His future plans include a new office building on the R-2 parcel. This type of
development is not allowed in an R-2 zoning district. The R-2 parcel will require rezoning
from it's current zoning of R-2, to I-1.
c. The property should have the same relation to surrounding properties as before. Since this
is an expansion to an already existing business, there is no change in relationship of this
property to the other properties nearby. There is a tree line which screens the property from
surrounding properties on the west and south sides. This should screen any 18 -wheeler
trucks which may be parked on the property. Traffic should remain the same because the
business is simply relocating. At this point there are no plans for signage on the property. If
any signage is proposed, it will be submitted to the City ofFayetteville during the Large Scale
Development Process.
d. There
is
an
existing 12" waterline across the street from the property. However, sewer
will have
to
be
extended from an existing
30" line south of the property.
..
In response to item #6:
a. The proposed zoning is very consistent with the land use planning objectives because the
2020 plan indicates that this property is in a mixed use area which makes this request
appropriate.
b. The proposed zoning is needed now in order to begin the Large Scale Development
process.
c. The proposed zoning will not increase traffic or create any congestion or danger.
d. The proposed zoning will not change population density and therefore will not have an
impact on public services.
e. It would be impractical to use this land for residential because it is located in an area
containing other large businesses well as warehouses such as Hiland Dairy, Hannah's Candle
Factory, and other factories and warehouses. The property is near the Fayetteville Industrial
Park and is not planned to be residential.
If you have any comments or questions, feel free to call me at 444-7892.
Sincere ,
lens Carter, P.E., R.L.S.
Carter Consulting, PA
Planning Commission •
September 23, 2002
Page 16
RZN 02-28.00 (Provence, pp 602) was submitted by Glenn Carter on behalf of Dwayne
Provence for property located at 1509 Momingside Drive. The property is zoned R-2, Medium
Density Residential and contains approximately 3.34 acres. The request is to rezone to 1-1,
Heavy Commercial/Light Industrial.
Aviles: Item two on our agenda is a rezoning, RZN 02-28.00 which was submitted by
Glenn Carter on behalf of Dwayne Provence for property located at 1509
Momingside Drive. The property is zoned R-2, Medium Density Residential
and contains approximately 3.34 acres. The request is to rezone to I-1, Heavy
Commercial/Light Industrial. Tim, do you have a staff report before we hear
from the applicant?
Conklin: This is a request to rezone 3.34 acres from R-2 to I-1, Heavy Commercial/Light
Industrial. Staff is recommending approval of the rezoning. It is located at
1509 Momingside Drive. The actual parcel to be rezoned actually faces 15th
Street. It is on the south side of 15`h Street. The applicant currently owns the
parcel zoned I-1, Heavy Commercial/Light Industrial and others zoned R-2,
Medium Density Residential. There is currently a trucking company on the I-1
parcel. The applicant is requesting to expand the business on the parcel to be
rezoned. R-2 does not allow for an office building or for the trucking business
on the site. Surrounding land uses include to the north, office and industrial, to
the south vacant, to the east industrial and to the west residential. At agenda
session it was brought up that there was an enforcement action taken on this
property adjacent to the east, it is currently zoned 1-1. I did provide you
information on Friday in your packet in 1996 the City of Fayetteville started the
process to prosecute Mr. Provence with regard to requiring him to pave the lot
where the trucks were parking. That case was settled by our City Prosecutor
and that was settled back in 1996. The settlement included that the lot would be
paved and that two parking spaces would be provided to the employees. At this
time since the city did settle that case with Mr. Provence, it is my understanding
that everything is in compliance. I did go out there. The parking lot is paved
and the employee lot is paved. I would just advise that when the applicant does
come forward to further develop the property, staff will look at the property
with regard to our current commercial design standards and other standards with
regard to landscaping and screening and look at the conditions of approval with
regard to storing vehicles that are unlicensed on the property. That is just to give
you information with regard to that action. What I am going to pass out is the
actual District Court Summary from that. At the very bottom of it, it talks about
how the case was resolved. It is just one sentence and you can take a look at
that. That is all the information I have at this time with regard to this rezoning.
Thank you.
Carter: I am Glenn Carter with Carter Consulting. I am here to represent Mr. and Mrs.
Provence. We have a situation where Mr. Provence has property in a mixed use
area and he is just wanting to expand his business. The zoning of the property
Planning Commission •
September 23, 2002
Page 17
adjacent to his current business doesn't support that. It is not the proper zoning
for this type of business so he simply wants to do that. In regard to the past
action that Mr. Conklin mentioned a moment ago, the client has expressed his
desire to comply with every ordinance and every condition of any approval for
any project that we submit and we do plan to submit a Large Scale
Development application and a set of construction plans and grading and
drainage plans that will comply with the ordinances of the City of Fayetteville
and building standards and design standards. If you have any questions I would
be glad to answer them.
Aviles: Thank you Mr. Carter. Is there any member of the audience that would like to
address us on this rezoning? Seeing none, I will go ahead and bring it back to
the applicant and the Commission for discussion and/or motions.
Motion:
Ward: I will go ahead and recommend approval of RZN 02-28.00. I feel like the 1-1
zoning is more in character with what is already down there with the Hiland
Dairy, the Hanna's Potpourri, the Superior Wheel, all close to the Industrial
Park area. I recommend that we approve this particular rezoning from R-2 to I-
1.
Aviles: Thank you Commissioner Ward. Do I have a second?
Ostner: I will second.
Aviles: I have a second by Commissioner Ostner. Is there any further discussion?
Allen: I wondered if any of the neighbors had voiced any concern because there is
some residential property near this area and I also wondered why the applicant
didn't comply so promptly.
Conklin: I can answer your first question. I have not heard any complaints from any of
the adjoining residents. You will have to ask the applicant what happened back
in 1996 and prior to that. Thank you.
Allen: I would like to do that.
Aviles: Mr. Carter, could you come back up and address that please?
Carter: Could you rephrase your question?
Allen: Yes. I wondered why the applicant was so remiss in complying with the
conditions when the property was previously through the Planning
Commission?
Planning Commission • •
September 23, 2002
Page 18
Carter: Ok. I am not very knowledgeable about everything that happened in 1996 but
in my discussions with the applicant, he came here, he was not aware of the
city's ordinances and he just got his building permit and began to build his
building. If there was a time factor from the time he was notified until the time
he complied, I don't know what that was all about. I can't answer that question.
Allen: He is not here this evening?
Carter: Yes, he is here.
Provence: To answer the question about the time, we took the top soil off and put in the
red dirt to make a hard driveway for dropping loaded trailers, the company that
did my paving was Tomlinson Asphalt and they seemed to think there needed to
be a time element for all the red dirt to get settled good before we put the
pavement on to keep it from cracking and stuff so we just got into a time
problem.
Aviles: For the record, are you Mr. Provence?
Provence: Yes I am.
Aviles: Thank you.
Allen: Thank you.
Aviles: Are there any other questions or comments? We have a motion and a second on
the floor. Is there any further discussion on this rezoning? Renee, would you
call the roll please?
Roll Call: Upon the completion of roll call the motion to forward RZN 02-28.00 was
approved by a vote of 6-1-0 with Commissioner Allen voting no.
Aviles: Thank you. The recommendation of the rezoning carries on a vote of six to one.
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Overview Legend
Subject Property Boundary Master Street Plan
RZN02-28.00 '�\� Planning Area Freeway/Expressway
LILSI]] o 000� Overlay District Principal Arterial
Streets 00000_0
I City Limits %/ Minor Arterial
\_. 6dsting L — — I ♦ 0 Collector
Outside City
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CLINTON K. JONES
CITY PROSECUTOR
September 4, 1996
Rich Lane
Planning Division
City Hall
RE: City of Fayetteville vs. DeWayne Provence
Charge: Ordinance Violations
Dear Mr. Lane:
140 W. ROCK
FAYETTEVILLE, ARKANSAS 72701
PHONE: 575-8377
575.8378
576-8374
575-8375
FAX N: 575-8373
The above referenced case was set for trial on 09/04/96.
Circumstances require that this trial must be re -scheduled to
09/11/96 at 1:00pm, in Fayetteville Municipal Court located at 100
"B" West Rock Street.
Please contact
this
office to
verify the time of the trial and
to be sure the case
has
not been
settled or reset. Thank you for
your cooperation in
this
matter.
Sincerely,
Lisa J. McClelland
Assistant to City Prosecutor
§ 160.117 Off-street parking lot design, required number of spaces, landscaping and
location of parking lots within the city.
(A) Purpose. The regulations of this section are intended to reinforce community
standards and to promote safe and attractive parking lots for new, redeveloped, and expanded
development within the city. The size, number, design, landscaping, and location of parking lots
are regulated in order to:
(1) Provide for the safe and orderly circulation of motor vehicles within parking lots.
(2) Provide safe ingress and egress into and out of parking lots from public and private
streets.
(3) Protect adjoining properties from the adverse impacts associated with parking lots
such as noise, lighting, appearance, drainage, and effect on property values.
(4) Provide adequate areas for off-street parking and storage of motor vehicles.
(5) Enhance the appearance of parking lots in all zoning districts.
(B) Parking lot construction standards.
(1) Permits and plan. For parking lots containing rive (5) or more spaces,
building and grading permits and site and grading plans shall be required
prior to any initiation of work.
(2) Surfacing. Parking lots shall be asphalt, semi -permeable soil pavers, or
concrete, graded and drained to dispose of surface water into appropriate
drainage structures.
(3). Barriers. Parking lots shall be provided with wheel guards or curbs so
located that no part of a parked vehicle will extend into or over the
sidewalks, property lines, or street right-of-way.
(4) Striping and marking. Parking lots spaces shall be striped to indicate the
location of the individual spaces, directional arrows shall be provided at the
entrance of aisles and entry drives, and accessible spaces shall be marked
meeting current Americans with Disabilities Act requirements. Such striping
and marking shall be in accordance with the Manual on Uniform Traffic
Control Devices.
(5) Accessibility. Accessibility for persons with disabilities in parking lots and
building approaches shall be as required by the current Americans with
Disabilities Act (See Exhibit B below) and as may from time to time be
amended.
Ord` • CITY OF FAYETTEVILLE •/�//
OFFICE OF THE PROSECUTING ATTORNEY
CLINTON K. JONES 140 W. ROCK
FAYETTEVILLE, ARKANSAS 72701
CITY PROSECUTOR PHONE: 575.8377
575-8378
575.8374
575-8375
FAX !: 575-8373
August 9, 1996
Rich Lane
Planning Division
City of Fayetteville
RE: City of Fayetteville vs. Dewayne Provence DBA: McWhorter
Distributing
Charge: Violation of City Ordinances: 160.117. 160.118.
162.11, 161.15
Dear Mr. Lane:
The above referenced case is set for trial on September 4,
1996, at 9:00 a.m. in Fayetteville Municipal Court. Since you are
a witness you will be needed to testify at that time.
Please contact our office, one week prior to the court date
to verify receipt of this letter, to review the facts, and to be
sure the case has not been settled or reset.
Thank oouu,ry�—
Jill A. Platt
Assistant to City Prosecutor
/jap
tlC InCL nn.nur Ln Itt.•n'. ✓./ - --n - -- -- - ---_
FAX COVER SHEET
Herbert G. Parker
Phone (904) 893-2671
Fax (904) 576-8223
Date: May 17, 1996
To: Mr. Charlie McWhortes
Fax: (501) 582-0333
It has been brought to my attention that there is a plan to construct a high
board fence near the intersection of 15th Street and Morningside.
We are property owners in the vicinity of this planned construction and are
strongly opposed to the erection of this fence for several reasons. You will recall
several years ago, before the urea was cleared, accidents were a common
occurrence at that location. This planned construction would again certainly create
a blind corner, a fire hazard., as well as an eye sore.
It is my strong belief that the placement of a high board fence at this location
would not be in the best interest of the property owners in this area, nor that of the
general public.
I would hope that consideration be given to these factors listed and the fence
not be erected.
Thank you for your consideration.
Should there be questions or a desire to discuss the issue, I can be reached at
(904) 893-2671.
Sincerely,
RHeG Parker
CERTIFICATE. 0 F:;0 C--C_U._P_A_N_C.Y__._
=. = v�_."� ��- • �_� This�Form WasyPrinted 0n`10/l/95.�-�---� -
ss%%Xy''�y:Sd�.
Y4"A"�!'�"��"�� � =� �l �Y c • +.4 ���y� v-rvo.ttY Gi�^v r.� ♦ 'Y�.r N4i
__ x 1t.s . a _'f�...! -r-.-•
J Date Completed: % /
This Certificate issued pursuant to the requirements of the
Standard Building Code certifying that at the time of issuance
this structure was in compliance with the various ordinances of
the Jurisdiction regulating building construction or use.
PROJECT #: 95- AXS
PERMIT #: 95-04102
MASTER PERMIT #: 95-04102
PROPOSED USE: MCWHORTER DIST/TRUCK BROKERAGE
OCCUPANCY TYPE: CONSTRUCTION TYPE: FIRE ZONE:
PROPERTY OWNER: MCWHORTER DISTRIBUTION
ADDRESS: P.O. BOX 6154
CITY: SPRINGDALE
STATE: AR
ZIP: 72766
PROJECT ADDRS: MORNINGSIDE DR., 1509
P ATEr
ZONING IS RATOR
APPRO /D // S
DATE
BUILDING OFFICIAL
* * * * * POST IN A CONSPICUOUS PLACE
Y
-'
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Casey Jones, City Prosecutor
TI RU: Alett S. Little, City Planner
FROM: Rich Lane, Associate Planner
DATE: January 19, 1996
SUBJECT: City of Fayetteville Code Violations:
McWhorter Distribution - 1509 Morningside Drive
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
lit 437%
McWhorter Distribution at 1509 Morningside Drive is in direct violation of numerous City of
Fayetteville Codes. The list of code violations is as follows:
Section 158.20 Sign Permit Required.
Section 160.117 Off-street parking (B) Parking lot construction standards
(F) Parking lot landscaping requirements
Section 160.118 Buffer strips and screening (D) Screening required.
Section 161.09 Grading plan submittal.
Section 161.15 Certificate of Occupancy.
Section 162.11 Tree Protection (D) Preservation Plan.
As additional information, please find enclosed documentation of The City of Fayetteville staff's
attempts to bring said violations into compliance. If I can be of any assistance, I can be reached at
ext. 262.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
PLANNING DIVISION
December 20, 1995
DeWayne Provence
1509 Morningside Drive
Fayetteville, AR 72701
Dear Mr. Provence:
It has come to our attention that your Trucking Brokerage has numerous City of Fayetteville
Code violations. It is our understanding that your operation has been in violation since early fall.
You must contact the Planning Office by December 29, 1995 to discuss remedial actions for
compliance.
Sincerely,
G. Richard Lane II
AYETTEVI ItE
THE CITY OF FAYETTEVILLE, ARKANSAS
October 31, 1995
McWhorter Distribution
P. O. Box 6154
Springdale, AR 72766
Re: Property located at 1509 Morningside Drive, Fayetteville
Gentlemen:
It has come to our attccntion that tractor -trailer trucks are being parked on the above referenced
property without the lot being paved. It was our understanding there would be an occasional
vehicle parked temporarily on site but that the site would not be used ;.s a parking lot. In order
for us to sign off on your Certificate of Occupancy, you will need to obtain an application to
construct a parking lot and meet the parking lot ordinance.
Should you have any questions regarding this matter, please feel free to contact this office.
Sincerely,
C%,°' 44
Sharon Langl y
Permit Clerk
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
" • •
FA ETTEVI LLE
SHE CITY OF FAYETTEVILLE. ARKANSAS
January 18, 1996
Dewayne Provence
1509 Momingside'Drive
Fayetteville, Arkansas 72701
Dear Mr. Provence:
It has come to the attention of the Public Works Department of the City of Fayetteville, that your
business is currently in violation of Chapter 162: Tree Protection and Preservation Ordinance of
the City Code. Section 162.11 (D) Preservation Plan, requires new development in an
industrial zone to submit a tree preservation plan with the preliminary plat, or site plan. Failure to
comply with this notice could result in fines pursuant to Section 162.99 Penalty.
Additionally, you are required to comply with the parking lot standards, and screening
requirements for outdoor storage yards of the city's Code of Ordinances. You will be required to
submit a site plan depicting your proposed tree preservation, screening and landscaping, for
approval by the Landscape Administrator.
Upon receipt of this notice, please contact the Planning Office, or myself at 575-8308, for further
information on these remedial action requirements.
Sincerely yours,
Beth L. Sandeen
Landscape Administrator
cc: Kevin Crosson, Public Works Director
Charles Venable, Asst. Public Works Director
Alett Little, City Planner
Jim Petty, Engineering Assistant
CLINTON K. JONES 140W. ROCK
FAYETTEVILLE, ARKANSAS 72701
CITY PROSECUTOR PHONE: 5768377
575-8378
575-8374
575-8375
FAX a: 575-8373
September iii, 1996
Rich Lane
Planning
City Hall
RE: City of Fayetteville vs. DeWayne Provence
Charge: Ordinance Violations
Dear Mr. Lane:
The above referenced case was set for trial on 09/11/96.
Circumstances require that this trial must be re -scheduled to
09/25/96 at 1:00pm, in Fayetteville Municipal Court located at 100
"B" West Rock Street.
Please contact
this
office to
verify the time of the trial
arks
to be sure the case
has
not been
settled or reset. Thank you
for,
your cooperation in
this
matter.
Sincerely, /kS
Lisa J.McClelland
Assistant to City Prosecutor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Alett S. Little, City Planner
FROM: Rich Lane, Associate Planner
DATE: September 26, 1996
SUBJECT: Dwayne Provence - McWhorter Distribution Code Violations
This memo is to inform you that the City Prosecutor's Office called to say that Mr. Provence and
the City have settled out of court. The settlement included Mr. Provence paving his storage area
for trucks, as well as providing parking spaces for employees. Mr. Provence is also responsible
for all court costs.
I asked the Prosecutor's Office to remind Mr. Provence's legal representatives that neither
vehicles nor trailers could be stored on the premises without current license plates.
If no improvements are made ot. the property within 30 days, the Prosecutor's Office asked
that I notify their office.
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FAYETTEVI I!LE
THE CITY OF FAYETTEVIEEE. 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 02-28.00. 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
1VflU O kILMEU
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 to the files of said publication, the advertisement of:
'/ was inserted in the regular editions on
** Publication Charge: $ 6 _____
Subscribed and sworn to before me this
I I day of N // 6, 2002.
My Corn�"'T
TAMMY ALLEN
Notary Public -Arkansas
** Pleased n�t mI T Mrt os-2011
An invoic
ORDINANCE NO. 4427
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETiTION RZN 02-28.00 FOR A PARCEL
CONTAININGAPPRO)aMA1tLY 3.34 ACRES LOCATED AT
1508 MORNINOSIDE GSIDE DDRIVE, FAYETTEVILLE. ARKANSAS, AS
SUBMITTED BY GLENN CARTER OF CARTER' CONSULTING ffi
�
ON BEHALF OF DEWAYNE PROVENCE City of FayeRe.�al�le
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF r
FAYETTEVILLE, ARKANSAS:
RECEIVED Section 1: That the zone clessmcetan of the folbairig d��aedproperty hereby clanged as fofiowe:
From R -2j Meokm Density Reskkntlel to F1, Heavy CornerclaLtlgnt
kid steal as shown In Edtlbt A attached. hereto and made a pan hereof.
N 0 V 1 3 2002 Section 2. That the official zoring map of the City of FayettSNls, Arkansas, Is hereby emended to reflect
tte zot" clangs proNtled In Section I above, ,
CITY OF FAYETTEVILLE PASSED end APPROVED the the 15th day of October, 2002.
CITY CLERK'S OFFICE APPROVEDBy
DAN GOODY. Mayor
ATTEST:
By.
Heather Woodruff, City Clerk
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
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