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
33 :21 pr,
Bette
pace 1 0/
Bette Stamos oClrcultClerk
R
F1192003-0 It
y
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, S8805611011E 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 N89027'52"W 90.97 FEET; THENCE, LEAVING SAID SOUTH
LINE, N32049'01 "W 708.70 FEET; THENCE N25°20'59"E 175. 17 FEET; THENCE
N22040'01 "W 312.00 FEET; THENCE N08° 11 '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
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
J
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
