HomeMy WebLinkAboutOrdinance 4446 ORDINANCE NO. 4446
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02-37.00 FOR A PARCEL CONTAINING
APPROXIMATELY 17.70 ACRES LOCATED EAST OF FUTRALL DRIVE,
WEST OF BALDWIN PIANO, AND SOUTH OF HOLLYWOOD DRIVE,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY MEL MILHOLLAND
OF MILHOLLAND COMPANY ON BEHALF OF OZARK ADVENTURE
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-O, Residential Office to C-2, Thoroughfare Commercial as shown in Exhibit
A attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section I above.
PA ED, and APPROVED this the 17'h day of December, 2002.
� F,AYE
�� • �� APPROVED:
} 1dI
•�4 Y`
By:
DAN COODY, Mayor
ATTEST:
By: 004486IIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Bather Woodruff, City erk Recorded • 350002 Type :
Fee Amt . ' 04/15/2003 at 012REL
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Bette
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Bette Stamos oClrcultClerk
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4446
EXHIBIT A
RZN 02.37.00
A PART OF THE SW 1/4 OF THE NW 1/4 AND THE SE 1/4 OF THE NW 1/4 OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE,
ARKANSAS, MORE PARTICULARLY DESRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE,
ALONG THE NORTH LINE OF SAID SE 1/4 OF THE NW 1/4, S88°5610"E 199.95
FEET; THENCE S00°00'33"E 1310.49 FEET TO THE SOUTH LINE OF SAID SE 1/4 OF
THE NW 1/4; THENCE, ALONG SAID SOUTH LINE, N89°39'41"W 199.91 FEET TO
THE SW CORNER OF SAID SE 1/4 OF THE NW 1/4; THENCE, CONTINUING ALONG
SAID SOUTH LINE N89°27'52"W 90.97 FEET; THENCE, LEAVING SAID SOUTH
LINE, N32°4901"W 708.70 FEET; THENCE N25°20'59"E 175.17 FEET; THENCE
N22°40'01"W 312.00 FEET; THENCE N08°11'59E 287.76 FEET TO THE NORTH
LINE OF SAID SW 1/4 OF THE NW 1/4; THENCE ALONG SAID NORTH LINE
S88°1620"E 479.25 FEET TO THE POINT OF BEGINNING AND CONTAINING
771,317.86 SQUARE FEET OR 17.7069 ACRES, MORE OR LESS, SUBJECT TO ANY
AND ALL EASEMENTS OR COVENANTS OF RECORD OR FACT.
Washington County, A was filed on
, certify this Xnstfu
01 .33'.21nPM
0411512003 em Estate
and recorded in R 021988
per 2003 0
File Num C. 0 ,t Clerk
Bette Stam
by
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NAME OF FILE: Ordinance No. 4446
CROSS REFERENCE:
Item # Date Document
1 12/03/02 10rd. No. 4446 w/Ex. A
2 11/04/02 Staff Review Form w/attachments:
11 /1/02 memo to City Council
draft ordinance
10/28/02 Planning Commission minutes
10/24/02 memo to Planning Commission
copy of § 161 . 12
copy of § 161 . 14
Summary of Trip Generation
copy of pictures
10/4/02 letter to Tim Conklin
copy of aerial picture
copy of close up view
copy of future land use
copy of one mile view
3 12/26/02 memo to Tim Conklin
4 01 /01/03 Affidavit of Publication
5
NOTES:
NORTHVAST ARKANSAS *)ITION
Arkansas Demomt IF 05azette /
' JA` /2002
CITY OF F YETTEVILLE
CITY C ICs OFFICE
AFFIDAVIT OF PUBLICATION
I , yoof i , ( I114�e '1 J , do solemnly swear that I am
Legal 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:
/ W/,/ / 12 was inserted in the regular editions on
*" Publication Charge: $ /03
Subscribed and sworn to before me this
day of X003
ORDINANCE IN THAT
AN ORDINANCE I REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 02-37.00 FORA
PARCEL CONTAINING APPROXIMATELY . 17.70 ACRES
LOCATED EAST OF FUTRALL DRIVE, WEST 0DWN
Notary P llc PIANO, AND SOUTH OF HOLLYWOOD DRIVE,FAYETTEVILLE, ARn ,w
BY MEL
MI OLLANDOF MILHOSLAND COMPANY 'ONE BEHALFOF City of Fayetteville
/� �
OZARK ADVENTURE
y CO m r A" sxpl res. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEOU E: ARKANSAS: .
Notary Public-Arkansas Section I. That the zons classification of the follcim g described property is hereby changed as 1ollOrs:
WASHINGTON COUNTY
Commission Expires 11 -05-2011 Fran eO,aR�danel�ONce to C-2, Thomughfam Commercial as shonm In E#tibit A attached hereto
and vit. Section 2. That the official zoning map of the City of Faye tedile, Arkansas, Is hereby anrended to reflect
An invoice will be sent. the zoning change pmNded In Secdon I Some.
PASSED ane APPROVED this the 17th day of December, 2002.
RECEIVEDAPPROVED:
By:
'JAN 06 2003 DAN GOODY, Maya
ATTEST:
CITY OF FAYETTEVILLE Heather Woodmn. city clerk
CITY CLERICS OFFICE
FXHIBITA
RZN 02-37.00 '
A PART OF THE SW 1/4 OF THE NW 1/4 AND THE BE 1/4 OF THE NW 1/4 OF SECTION 20,
TOWNSHIP 16 NORM RANGE 30 WEST, CITY OF FAYETTEVILLE, ARKANSAS, MORE
PARTICULARLY DESRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID SW 1/4 OF THE NW 1/4; THENCE, ALONG THE NORTH
UNE OF SND SE 1/4 OF THE NW 1/4, SSS-56'10•E 199.95 FEET; THENCE S00 OO'33•E 1310.49
FEET TO THE SOUTH UNE OF SAID BE 1/4 OF THE NW 1/4; THENCE, ALONG SAID SOUTH UNE.
N89039'41'W 199.91 FEET TO THE SW CORNER OF SAID BE 1/4OF THE NW 1/4; THENCE,
CONTINUING ALONG SAID SOUTH LINE N89°27'52W 90.97 FEET, THENCE, LEAVING SAID SOUTH'
UNE, N32°49'010W 708.70 FEET; THENCE N25°20'59'E 175.17 FEET: THENCE N22°40'01•W
312.00 FEET; THENCE NOB01 V& 'E 287.76 FEET TO THE NORTH UNE OF SAID SW 1/4 OF THE
NW 1/4; THENCE ALONG SAID NORTH UNE S88°16'200E 479.25 FEET TOTHEPOINT OF
BEGINNING AND CONTAINING 771 ,317.86 SQUARE FEET OR 17.7069 ACRES, MORE OR LESS,
SUBJECT TO ANY AND ALL EASEMENTS OR COVENANTS OF RECORD OR FACT.
212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501 ) 442-1700
FAYETTEVI &E
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin
Planning
From: Heather Woodruff, City Clerk
Date: December 26, 2002
Attached is a copy of Ordinance 4446 an ordinance rezoning that property described
in rezoning petition RZN 02-37.00 for a parcel containing approximately 17.70 acres
located east of Futrall Drive, west of Baldwin Piano, and south of Hollywood
Drive, Fayetteville, Arkansas, as submitted by Mel Milholland of Milholland Company
on behalf of Ozark Adventure.
The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
1
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of November 19 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZN 02 - 37 . 00 as
submitted by Milholland Company on behalf of Ozark Adventure for
property located east of Futrall Drive , west of Baldwin Piano , and
south of Hollywood Drive . The property is zoned R-O , Residential
. Office and contains approximately 17 . 70 acres . The request is to
rezone to C- 2 , Thoroughfare Commercial .
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 c tin Manager Date ADA Coordinator Date
Ci�ttorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on October 28 ,
2002 the Planning Commission voted 8 - 0 - 0 to recommend the
rezoning be approved by the City Council .
Cross Reference
' Divi ' on a p ta, e
De t t ctor /DD/ate New Item : Yes No
Admi tra i Services ' atD e Y Prev Ord/Res# :
Dir t r
Ma or / ate Orig Contract Date :
i\
FAYETTEVILLE CC Meeting of Nov. 19, 2002
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: Nov. 1 , 2002
RZN 02-37.00 (1019): Rezoning (Ozark Adventure, LLC, pp 559) was submitted by Milholland
Company on behalf of Ozark Adventure for property located east of Futrall Drive, west of Baldwin Piano,
and south of Hollywood Drive. The property is zoned R-O, Residential Office and contains
approximately 17.70 acres. The request is to rezone to C-2, Thoroughfare Commercial.
BACKGROUND:
Property Characteristics: The subject property is located south of Sixth Street at the end of Hollywood
Ave. These 17.70 acres are vacant on the east side of 1-540. The property is surrounded by a mixture of
uses, including single-family residential to the north, industrial to the east, and commercial to the west.
The 100 year and 500 year floodplain fall 90' along the western portion of the property and
approximately 50' of the southern portion of the property.
Proposal and Request: The applicant is proposing to construct a water park at this location. A water park
falls under Use Unit 20 Commercial Recreation, Large Sites. The current zoning classification of R-O
Residential Office does not permit large commercial recreation sites. The applicant is requesting to rezone
the property from R-O Residential Office to C-2 Thoroughfare Commercial. The C-2 district permits Use
Unit 20 Commercial Recreation, Large Sites.
Related Issues: On Sept. 17, 2002, the City Council amended the Master Street Plan to relocate the future
extension of Hollywood Avenue (south to 18" Street) to the west to connect to Best Way Street. The
applicant plans to construct Best Way St. to Hollywood Ave. at the time of large scale development.
Findings: Staff recommended approval of the requested rezoning. The proposed zoning is consistent with
the Future Land Use Plan, which designates this area as mixed use and regional commercial, and meets
the goals and policies of General Plan 2020. The property is surrounded by a mixture of commercial and
industrial uses and limited residential and is an appropriate location for the C-2 zoning district.
CURRENT STATUS:
On October 28, 2002, the Planning Commission voted 8-0-0 to forward the request for approval by City
Council.
RECOMMENDATION:
Approval of the requested rezoning.
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-37.00 FOR A PARCEL
CONTAINING APPROXIMATELY 17.70 ACRES LOCATED EAST OF
FUTRALL DRIVE, WEST OF BALDWIN PIANO, AND SOUTH OF
HOLLYWOOD DRIVE, FAYETTEVILLE, ARKANSAS, AS SUBMITTED
BY MEL MILHOLLAND OF MILHOLLAND COMPANY ON BEHALF OF
OZARK ADVENTURE.
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-O, Residential Office to C-2, Thoroughfare Commercial as shown in
Exhibit A attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoning change provided in
Section 1 above.
PASSED AND APPROVED this day of 72002,
APPROVED:
DRAFT
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT A
RZN 02.37.00
A PART OF THE SW OF THE NW 1 /4 AND THE SE 1 /4 OF THE NW 1/4 OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE,
ARKANSAS, MORE PARTICULARLY DESRIBED AS FOLLOWS :
BEGINNING AT THE NE CORNER OF SAID SW 1/4 OF THE NW 1 /4; THENCE,
ALONG THE NORTH LINE OF SAID SE 1 /4 OF THE NW 1 /4, S88056' 10"E 199.95
FEET; THENCE S00°00'33 "E 1310.49 FEET TO THE SOUTH LINE OF SAID SE 1 /4 OF
THE NW 1 /4; THENCE, ALONG SAID SOUTH LINE, N89039'41 "W 199.91 FEET TO
THE SW CORNER OF SAID SE 1/4 OF THE NW 1/4; THENCE, CONTINUING ALONG
SAID SOUTH LINE N89027'52"W 90.97 FEET; THENCE, LEAVING SAID SOUTH
LINE, N32049'01 "W 708.70 FEET; THENCE N25020'59"E 175. 17 FEET; THENCE
N22040'01 "W 312.00 FEET; THENCE N08011 '59"E 287.76 FEET TO THE NORTH
LINE OF SAID SW 1 /4 OF THE NW 1 /4; THENCE ALONG SAID NORTH LINE
S88016'20"E 479.25 FEET TO THE POINT OF BEGINNING AND CONTAINING
7712317.86 SQUARE FEET OR 17.7069 ACRES, MORE OR LESS, SUBJECT TO ANY
AND ALL EASEMENTS OR COVENANTS OF RECORD OR FACT.
Planning Commission • •
October 28, 2002
Page 20
RZN 02-37.00 (1019): Rezoning (Ozark Adventure, LLC, pp 559) was submitted by
Milholland Company on behalf of Ozark Adventure for property located east of Futrall Drive,
west of Baldwin Piano, and south of Hollywood Drive. The property is zoned R-O,
Residential Office and contains approximately 17.70 acres. The request is to rezone to C-2,
Thoroughfare Commercial.
Aviles: Eighth on our agenda this evening is RZN 02-37.00, a rezoning for Ozark
Adventure. It was submitted by the Milholland Company on behalf of Ozark
Adventure for property located east of Futrall Drive, west of Baldwin Piano,
and south of Hollywood Drive. The property is zoned R-O, Residential Office
and contains approximately 17.70 acres. The request is to rezone to C-2,
Thoroughfare Commercial. Shelli, would you like to go over the staff report?.
Rushing: Yes. The property is currently vacant. It is on the east side of 1-540. It is
surrounded by a mixture of land uses. There is some single-family residential to
the north, Industrial to, the east and Commercial to the west. Portions of the
property do lie within the 100 year and 500 year floodplain there along the
western and southern portions of the property. The applicant is proposing to
construct a water park at this location. The water park falls under Use Unit 20,
which is Commercial Recreation Large Site. Under the current zoning
classification, which is R-O, Residential Office, that Use Unit is not permitted.
Therefore, the applicant is requesting to rezone the property from R-O to C-2,
Thoroughfare Commercial. The C-2 District does permit Use Unit 20, which
would allow for the proposed water park. Just a couple of related issues, on
September 17'hof this year the City Council did amend the Master Street Plan to
relocate the future extension of Hollywood Avenue. Hollywood Avenue was
supposed to extend south to 18`h Street and is now relocated and will extend to
the west to connect with Best Way Street. The applicant plans to construct Best
Way Street to Hollywood Avenue at the time of Large Scale Development.
Staff is recommending approval of this request to rezone from R-O to C-2. The
proposed zoning is consistent with the future land use plan and meets the goals
and objectives of the land use plan and seems to be an appropriate location for
C-2. I do want to point out just a couple of items in relation to our General Plan
2020. We have a couple of sections of the plan in regard to regional
commercial areas. We have a policy that states "It is equally vital to maintain
quality of life in Fayetteville that regional attractions are sited to minimize
negative impacts on neighborhoods and the city's transportation network and
we find that the proposed location of the water park is with its adjacency to I-
540 would limit the amount of internal traffic circulation for this use. Also,
guiding policy 9.9(b) from the land use plan states "To encourage continuing
improvements and expansion of regional shopping and entertainment
attractions." This rezoning would permit the expansion of those entertainment
attractions. Finally, the description of Use Unit 20 in the zoning ordinance
states that "These types of uses should be developed on large sites in
Planning Commission • •
October 28, 2002
Page 21
undeveloped outlying parts of the city." We find that this location is a large
vacant site and it is located on the western perimeter of the city.
Aviles: Ok, thank you Shelli. Is the applicant present?
Jefcoat: I am Tom Jefcoat with Milholland Company representing Ozark Ventures. We
concur with the rezoning to C-2. Use Unit 20 development, I think is
appropriate and I recognize all of the comments that Shelli has made for future
planning of this site.
Aviles: Thank you Mr. . Jefcoat. Does any member of the public wish to address us
regarding this proposed rezoning?
PUBLIC COMMENT:
Vick: Good afternoon, I am Al Vick, a Fayetteville resident. I am a bit concerned
about this and I would like to put a different spin. For me, and for some of the
people that I have been talking to, this thing is happening very, very quickly. It
was just last week that there was a front page article in the paper about this. At
this point not everybody that I've talked to has even really figured out where
this thing is. I am not even sure that I have yet. According to what the paper
said, they are looking to be attracting up to 170,000 visitors for the first year.
Now, I want to know what this is going to do to traffic in this area because if we
consider, let's break this down, let's say that everybody comes and travels to
visit this in a vehicle, four people to a family in a vehicle just on an average,
these parks are not going to be open December, January, and February. It is
probably only going to be open_ during the four warmest months of the year,
mid-May through mid-September or something like that. If we have a
conservative figure and say only 160,000 would be coming and the vehicles that
I just described, we are talking about 40,000 vehicles coming to this town. Ok,
we already have major traffic problems. People are already moaning and
groaning because of the traffic that we have. We have neighborhood
associations and people in areas like the historic district who are concerned
about the widening of Hwy. 45 and Mission Blvd. going into their
neighborhood. Well, when we have so many people coming to the east it is
almost a certainty that these roads would have to be widened and traffic is going
to flow into this. I am not saying whether this is a good idea or not. What I am
proposing is that we slow down on this a little bit because so far the only thing
that people have seen or heard about is strictly the propaganda. Nobody has
talked about the traffic, nobody has talked about the impact on people's
communities and people's neighborhoods that this could potentially have. It is
being run through. We only just started hearing about it and it is being run
through very, very quickly. What I want to propose is that we slow down on
this before they go and buy the land and do all of these things and turn around
and say "Wow, we already spent millions of dollars. Now you better approve
Planning Commission • •
October 28, 2002
Page 22
this or else we are going to turn around and sue you, the City of Fayetteville."
We need to slow it down. Let everyone in the community understand what type
of an impact it could potentially have on the City of Fayetteville and then take it
from there. If everybody wants to go ahead and have this as an amusement,
fine. Please, let's not just run on a lot of propaganda without thinking it through.
Thank you.
Aviles: Thanks Mr. Vick. Would anybody else like to address the Planning
Commission on this rezoning? Ok, seeing no one, I will go ahead and bring it
back to the Commissioners and the applicant for further discussion.
Conklin: You may recall that a couple of meetings ago we did amend our Master Street
Plan in order to avoid crossing the creek and causing possible channelization to
bridge that creek. The amendment did bring that street for Hollywood back
over to Best Way Street, which was constructed as part of the Best Western
motel. The applicant is aware that during the development process they will be
required to make those street improvements and that connection over to Futrall.
With regard to the intersection of Hollywood and Sixth Street, the City of
Fayetteville has been working on for a few years now, a capital improvements
project to realign that intersection and put a traffic signal there. That is
something that the city is working on at this time. I just wanted to bring that up
because it is something that city staff has informed the applicant of with regard
to traffic and intersection improvements that will be coordinated and made at
the intersection of Hollywood and Sixth. Thank you.
Aviles: Tim, just to answer some specific questions about the traffic volume we do have
on Page 8.9 of our packet the average weekday and weekend trip general
calculations. Could you go over that for us for our benefit and for those that are
here and watching on TV?
Conklin: Sure. We used what is called the I.T.E. trip generation software. It is based on
studies that they have done in other parts of the country on these type of uses for
an amusement park. They are looking at a driveway volume for a 24 hour
period of about 1,341 vehicles. I would like to add talking with the developers
of this park, their idea is to also attract people that are coming to Fayetteville
and staying in the existing motels in Fayetteville. If there is some type of
activity going on in town and they are staying in one of the motels in this area,
this is some activity that they may go to. I think when you look at the traffic
generation rates I don't think it is going to be 100% new traffic being generated
to this site. This type of use will also pick up the traffic that is already in the
area for different activities and events that are taking place in Fayetteville.
Aviles: Thanks Tim. Did you want to respond to any of these questions?
Planning Commission • •
October 28, 2002
Page 23
Jefcoat: Nothing other than to add to what Tim has said. This is a dual destination use
attraction as the developer sees it and as the studies that have been prepared
show. The additional internal traffic being located right next to I-540 is access
in and on and off of I-540. The additional traffic load on other streets would
have a second destination in mind so it would not be just use of the water park.
Conklin: The average
weekday two way
volume, the Saturday two way
volume
is 33,190
vehicles so
it does increase
on the weekends from your
average
weekday
volume. Once again, those streets are shown as collector streets on our Master
Street Plan recently amended, including Futrall Avenue as a major intersection
of I-540 and Sixth Street. Thank you.
Aviles: Thank you very much.
Shackelford: Tim, I know in past traffic studies that we have seen Sixth Street and I-540 has
been one of the higher traffic count areas. Do you have any idea what the
current traffic count at that comer is?
Conklin: I don't have those numbers. It would be somewhat of a guess. Those
intersections up and down the corridor are experiencing more and more traffic.
Sixth Street is a five lane street in this location on both sides and the
intersections were recently redone with regard to the off ramps to the north. I
think we just recently dealt with that issue on another rezoning. The Highway
Department made improvements to help move traffic through this area.
Shackelford: My recollection is that there were several thousand cars that passed this corner
on a given day. The point that I am trying to make, I would like to know, we
are talking about increasing 1,340 cars a day, I would like to know as a
percentage increase of what current traffic is. I don't think that is going to be a
tremendous percentage increase over the traffic number that is already there.
Conklin: I think you are probably looking at around 20,000 vehicles a day possibly.
Shackelford: Ok, thank you. You are talking about less than a 5% increase in current traffic a
day.
MOTION:
Ward: On that same part of traffic that has been pointed out, most of the traffic would
be there and the park would be used during the summer time when we have
10,000 or 12,000 students less in town because of Summer and that would of
course be the biggest time it is going to be used. I think this is a fantastic
project that is going to be the development or redevelopment of the southwest
part of Fayetteville, which is very dearly needed. We have gone out of our way
most of the time to try to get anything down in our south part of town so I think
Planning Commission • •
October 28, 2002
Page 24
this is a fantastic project and a great idea for our city. With that, I am going to
make a motion that we approve RZN 02-37.00 for the rezoning for Ozark
Adventure for this 17.7 acres to C-2.
Aviles: I have a motion by Commissioner Ward.
Shackelford: I will second. I would like to concur that I have given a lot of thought to the
traffic count in this area as well. I view this as an area where we have made
strides to handle the traffic. We have gone to one way provisions on the access
roads off of I-540. Obviously, we have had to put infrastructure in place to
handle 75,000 people in this corridor for football games on Saturday afternoons
as well. I think that as Commissioner Ward has said, this is going to be .a great
benefit to the city and I think that this is the perfect location for it based
specifically on the infrastructure that we have already put in place.
Aviles: Thanks Commissioner.
Church: Just one more comment too, I think that 170,000 number is a very manageable
number. I deal with traffic numbers at Northwest Arkansas Mall and our
numbers are in the millions every year so 170,000 doesn't sound like something
that is not manageable. I think it is very manageable. I think this is a great
project for our area and I would be in support of that.
Aviles: I think to address the concerns of the public about the speediness by which this
is going or not going, it is going through the same process that any other
development would go through. A rezoning first here and then the City Council
and then a Large Scale Development. Particularly at the Large Scale
Development time, I think Tim has already made the applicant aware that
requirements of the Master Street Plan are going to require significant
contributions to our streets to improving our infrastructure and so on and so I
am not too concerned about the speediness by which this is going. I think there
will be plenty of avenue for public comment as it go through the city process.
Thank you.
Bunch: A question for staff in a little different vein. Since this is in close proximity to
the I-540, there is a good percentage of it that is within the Overlay District.
What limitations will that place? I know we don't have a drawing in front of us
and a site plan but I would assume that on water parks it may be difficult to
satisfy our green space requirements. I just wondered if maybe staff or Mr.
Jefcoat could give us a little information on that before this proceeds through
the process.
Conklin: They are aware of the Overlay District requirements and we have talked to them
about restrictions with regard to the type of sign they can have and they are also
aware of the open space requirements and they plan on complying with our
Planning Commission • •
October 28, 2002
Page 25
Overlay District standards. I have no indication that they will not be complying
with those standards.
Bunch: Thank you.
Aviles: Thanks Tim, is there anybody else? Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward RZN 02-37.00 was
approved by a vote of 8-0-0
Aviles: Thanks Renee. The motion carries unanimously. Thank you Gentlemen.
r•
*•
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: October 24, 2002
PC Meeting of Oct. 28, 2002
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
RZN 02-37.00 (1019): Rezoning (Ozark Adventure, LLC, pp 559) was submitted by Mllholland
Company on behalf of Ozark Adventure for property located east of Futrall Drive, west of Baldwin
Piano, and south of Hollywood Drive. The property is zoned R -O, Residential Office and contains
approximately 17.70 acres. The request is to rezone to C-2, Thoroughfare Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING`COMMISSION
ACTION:.
Required
O Approved
�.
)Denied
.! 1. L
Date: October 28 2002
] pa J
a L
! •J
_
t
CITY COUNCIL ACTION:; :Z
Regained
YES
O -Approved
:,
O Denied h
Date: Noyeinbei-19,•2002 (If recommended, first readmg)
Comments:
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BACKGROUND:
Property Characteristics: The subject property is located south of Sixth Street at the end of
Hollywood Ave. These 17.70 acres are vacant on the east side of I-540. The property is surrounded
by a mixture of uses, including single-family residential to the north, industrial to the east, and
commercial to the west. The 100 year and 500 year floodplain fall 90' along the western portion of
the property and approximately 50' of the southern portion of the property.
Proposal: The applicant is proposing to construct a water park at this location. A water park falls
under Use Unit 20 Commercial Recreation, Large Sites. The current zoning classification of R -O
Residential Office does not permit large commercial recreation sites.
Request: The applicant is requesting to rezone the property from R -O Residential Office to C-2
Thoroughfare Commercial. The C-2 district permits Use Unit 20 Commercial Recreation, Large Sites.
The requested zoning district is needed for the proposed water park.
Related Issues: On Sept. 17, 2002, the City Council amended the Master Street Plan to relocate the
future extension of Hollywood Avenue (south to 18th Street) to the west to connect to Best Way
Street. The applicant plans to construct Best Way St. to Hollywood Ave. at the time of large scale
development.
Recommendation: Staff is recommending approval of the request to rezone from R -O Residential
Office to C-2 Thoroughfare Commercial. The proposed zoning is consistent with the Future Land
Use Plan map and meets the goals and objectives of the land use plan. The property is surrounded
by a mixture of commercial and industrial uses and limited residential and is an appropriate
location for the C-2 zoning district.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Commercial shopping center (Northwest)
Single-family residential (Northeast)
C-2 Thoroughfare Commercial (Northwest)
R -I Low DensiResidential (Northeast)
South
Vacant
I -I Heavy Commercial and Light Industrial
East
Industrial
I-1 Heavy Commercial and Light Industrial
West
Vacant
C-2 Thoroughfare Commercial
INFRASTRUCTURE:
Streets: North: 6th Street (Principal Arterial)
South: 18'h Street (Collector)
East: Beechwood Avenue (Unclassified)
West: I-540 (Freeway / Expressway)
Water:
Water
line
available for extension at the northwest corner of the property.
Sewer:
Sewer
line
runs along
the
northern and
western edge
of the property.
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LAND USE PLAN: General Plan 2020 designates this site Mixed Use and Regional Commercial.
Rezoning this property to C-2 Thoroughfare Commercial is consistent with the land use plan and
compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF:
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistent with the Future Land Use Plan which
designates this area as mixed use and regional commercial. The C-2
Thoroughfare Commercial permits commercial recreation.
Section 9.9 Regional Commercial Areas of the Land Use Plan states "It is vital
to Fayetteville's economy that commercial businesses are accessible to their
customers, and it is equally vital to maintaining quality of life in Fayetteville
that regional attractions are sited to minimize negative impacts on
neighborhoods and the City's transportation network" The proposed location
for the water park is adjacent to I-540 and will require little use of the city's
internal transportation network.
Guiding Policy 9.9b from the Land Use Plan states "Encourage continuing
improvements and expansion of regional shopping and entertainment
attractions." The proposed rezoning will permit a water park and expand
entertainment attractions with the City.
The description of Use Unit 20 in the Zoning Ordinance states that these type of
uses should be developed on large sites in undeveloped outlying parts of the
City. This location is a large vacant piece of land on the western perimeter of
the City.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is necessary in order to develop a water park at this
location.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: From Planning: The proposed zoning will increase traffic at this location. Using
the Trip Generation data for an amusement park of 17.7 acres, the average
weekday two-way volume is 1,341 trips. (A water slide park options was
available, but required the number of parking spaces in order to calculate trip
H:lUSERSlCOAWOMPLANMNGIREPORTSIPC REPORTS 20021OCTOBERII0-281OZARKADV RZN02-37.DOC
generation. Parking space data is not available at this time. An amusement park
is the closest land use available.)
From Police: The Police Department states that the rezoning may increase
traffic from what it is at present; the rezoning will not impact police functions to
the degree that they could not be performed adequately; therefore, the Police
Department does not oppose this rezoning request.
From Public Works: The proposed rezoning is located on the south end of
Hollywood Ave. and west of Futrall Drive. The proposed rezoning R -O to C-2
may or may not result in additional traffic danger and congestion for this area.
The access to the developed site and the circulation network within the
development shall be reviewed in detail as part of the subdivision or large scale
development process. The layout, connectivity, circulation plan, ingress and
egress provisions will be reviewed in detail as 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: From Planning: The proposed zoning will not increase population density.
From Public Works: The site has access to multiple water and sewer lines in this
area. 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.
From Fire Department: Access 20 feet of unobstructed width driving surface.
Hydrants will be needed for this area. Response time is 2-3 minutes.
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
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09
From Chapter 161 Zoning Regulations
City of Fayetteville Unified Development Ordinance
§161.12 DISTRICT RLO RESIDENTIAL
OFFICE f
A. Purpose. The Residential -Office District
is designed primarily to provide area for offices
without limitation to the nature or size of the office,
together with community facilities, restaurants and
compatible residential uses.
B. Uses.
1. Uses Permitted.
Unit 1
City-Wide Uses by Right
Unit;5
Government Facilities
Unit 8
Single=Family and Two'Family
Dwellings
Unit 12
Offices.rStudios'andRelated
.
Services
Unit 25
Professional Offices
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 9
Multi -Family Dwelling - Medium
Density
Unit 10
Multi -Family Dwelling - High
Density
Unit 13
Eating Places
C. Bulk and Area Regulations.
( Per Dwelling Unit for Residential Structures)
Lot Minimum
Width:
Mobile Home Park
100 ft.
Lot Within a
Mobile Home Park
50 ft.
One Family
60 ft.
Two Family
60 ft.
Three or More
90 ft.
Lot Area
Mobile Home Park
3 acres
Minimum:
Lot Within a
4200 sq. ft.
Mobile Home Park
Row Houses:
Development
10,000 sq.
ft.
Individual Lot
2500
s .ft
Single Family
6000 sq. ft
Two Family
6500 sq. ft
Three or More
8000 sq. ft
Fraternity or
I acres
Sorority
Land Area
Mobile Home
3000 sq. ft.
Per Dwelling
Unit:
Row Houses
&Apartments:
Two or More
1200 sq. ft.
Bedrooms
1000 sq. ft.
One Bedroom
1000
sq. ft
No Bedroom
Fraternity or
500 sq. ft.,
Sorority
er resident
D. Bulk and Area Regulations/ Setbacks.
Setback lines shall meet the following minimum
requirements.
From Street ROW
30 ft.
From Street ROW if Parking is
50 ft.
Allowed Between the ROW and the
Building
From Side Property Line
10 ft.
From Side Property Line When
15 ft.
Contiguous to a R-1, R-2 or R-3
District
From Back Property Line Without
25 ft.
Easement or Alley
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From Center Line of Public Alley 10 ft.
E. Building Area. On any lot the area
occupied by all buildings shall not exceed 60% of the
total area of such lot.
F. Height Regulations. There shall be no
maximum height limits in R -O Districts, provided,
however, that any building which exceeds the height
of 20 feet shall be set back from any boundary line of
any R-1, R-2, or R-3 District an additional distance of
one foot for each foot of height in excess of 20 feet.
(Code 1991, §160.041; Code 1965, App. A, Art.
5(x); Ord. No. 1747,6-29-89; Ord. No. 2414, 2-7-78;
Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80)
H:IUSERSICOMMOMPLANNINGIREPOR7SIPCREPORTS20011OCTOBER110-281OLIRKADV RZN02-37DOC
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From Chapter 161 Zoning Regulations
City of Fayetteville Unified Development Ordinance
§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 ll
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 IS.
Neighborhood Shopping Goods
Unit 16
Shopping Goods
Unit 17
Trades and Services
Unit 18
Gasoline Service Stations and Drive -hi
Restaurants
Unit 19
CommerciaURecreatiori
Unit 20
CommercialRecreation'Large Sites
Unit24
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)
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From Chapter 162 Use Units
City of Fayetteville Unified Development Ordinance
T. Unit 20. Commercial Recreation, Large Sites.
1. Description. Unit 20 consists of
commercial recreation facilities which are usually
conducted out-of-doors, on large sites, and in
undeveloped, outlying parts of the City. Uses in the
unit have an adverse effect on certain other uses, in
that they are often noisy and are large traffic
generators.
2. Included Uses.
Amusement -Bark
Drag Strip
Drive -In Theater
Fairgrounds
Fishing Dock
Go -Cart Track
Golf Range
Miniature Golf
Race Track
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Ozark Adventures
Summary of Trip Generation Calculation
For 17.7 Acres of Amusement Park
October 17, 2002
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2 -Way Volume 75.76 0.00 1.00 1341
7-9 AM Peak Hour Enter 0.18 0.00 1.00 3
7-9 AM Peak Hour Exit 0.03 0.00 1.00 1
7-9 AM Peak Hour Total - 0.21 0.00 1.00 4
4-6 PM Peak Hour Enter 2.41 0.00 1.00 43
4-6 PM Peak Hour Exit 1.54 0.00 1.00 27
4-6 PM Peak Hour Total 3.95 0.00 1.00 70
Saturday 2 -Way Volume 180.20 0.00 1.00 3190
Saturday Peak Hour Enter 10.94 0.00 1.00 194
Saturday Peak Hour Exit 7.92 0.00 1.00 140
Saturday Peak Hour Total 18.86 0.00 1.00 334
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation, 6th Edition, 1997.
TRIP GENERATION BY MICROTRANS
H:IUSERSICOMMONIPLANNINGIREPOR7SIP(REPORTS20021OCTOBER110-28lOL4RKADv RZN01-37DOC
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Looking southwest at site from Hollywood.
Looking south at site from Hollywood.
Looking east at adjacent industrial property.
Adjacent industrial property to the east.
may. A
Looking north at adjacent residential property.
Looking northeast at adjacent residential
property.
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ffli oIL Compan.ta REGISTRATIONS:
PE: AR, OK, MO
ineerinf Surveri"$ PLS: AR, OK
Melvin L. Milholland, PE, PLS
October 4, 2002
City of Fayetteville
Mr. Tim Conklin, Planner
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: PROPOSED WATER PARK REZONING
Project No. E-632
Dear Tim:
In response to the City of Fayetteville Application for Rezoning, the following is submitted:
5.a. Current ownership and proposed/pending property sales:
Tom Bhakha and Hansaben T. Bhakta husband and wife, and Cathy Van Someren,
a married person, and Terry Dill and Sun Dill, husband and wife
do Ozark Adventure, LLC
1 West Center Street, Suite #308
Fayetteville, AR 72701
No pending sale - Proposed Water Park
5.b. Reason for requesting zoning change:
Owner wants to construct a water park
S.c. Surrounding properties: land use, traffic, appearance and signage:
Land use in Industrial to East, Commercial to North and West and open, undeveloped to
the South.
Traffic is low to moderate, and served by South Futrall and Hollywood.
Appearance and signage is will be discussed during LSD Review.
S.d Water and sewer availability, line size:
8" Water and 8" Sewer
6.a. The degree to which the proposed zoning is consistent with the land use planning
objectives, principles, and policies and with land use and zoning plans:
Consistent with City Land Use and Zoning Plans
205 West Center Street; Fayetteville, Arkansas 12701; Phone: (419) 443-4724; Fax: (479) 443-4101; E-mail: MC0engr( swbelI.net
•• 0•
mL/LJ Compancj REGISTRATIONS:
n nn PE: AR, OK, MO
Gngineering &Surveying PLS: AR, OK
Melvin L. Milholland, PE, PLS
Ozark Adventure, LLC, Rezoning
October 4, 2002
Page Two (2)
6. b. Whether the proposed zoning is justified and/or needed at the time of the request:
Yes, for Commercial Water Park
6.c. Whether the proposed zoning will create or appreciably increase traffic danger and
congestion:
Major Traffic Routes have been planned and developed for Commercial Growth in the
area, and this should not impact traffic problems above what's planned for area.
6.d Whether the proposed zoning will alter the population density and thereby undesirably
increase the load on public services including schools, water, and sewer facilities:
Not a residential plan nor zone and should not impact area services above what has been
planned for area.
6. e. Why it would be impractical to use the land for any of the uses permitted under its
existing zoning classification:
Land has been undeveloped as exists for 20 years since the infrastructure was planned and
provided to the area.
Your favorable review is appreciated!
Respectfully,
lhol
Melvin iland, PE, PLS
cc: Ozark Adventure, LLC
file
C: MyFdes\FONM51FayettevilleUtezorc E.632 Ozark Adv Lt-Planning.wpd
205 West Center Street; Fayetteville, Arkansas 12101; Phone: (419) 443-4124; Fax: (419) 443-4701; E-mail: MC0engr(?swbell.net
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