HomeMy WebLinkAboutOrdinance 4501 ORDINANCE NO, 4501
AN ORDINANCE REZONINGTHAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 03- 19.00 AS SUBMITTED BY JERRY
KELSO ON BEHALF OF TOM BROYLES FOR PROPERTY
LOCATED FAST OI' BEF,CHWOOD A VENUE SOUTH OF 15 ' "
STREET, MOVING THE CURRENT ZONING LINE '110 A NEW
CONFIGURATION WITH TI IE SUBJECT PROPERTY BEING R-2,
MEDIUM DENSITY RESIDENTIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby changed
as follows:
From C-2, Thoroughfare Commercial, to R-2, Medium Density Residential , as shown in
Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this the 15'"' day of July, 2003 .
p AY E r/4 `
APPROVED : ,
.. � i DAN GOODY, Mayor
y
1Zlr, r
Bytc�< <'
Sondra Smith, City Clerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc I0 : 006378840002 TV00 : REL
Recorded : 06/ 11/2003 at 08 : 48 : 27 AM
Fee l n1 of >2 S'
Vashlnatoncouty . AR
Bette St&M06 Clrcult Clerk
F11e2003-00041704
EXHIBIT "A"
RZN 03-19.00
A part of the NW 1 /4 of the SE 1 /4 of Section 20, T- 16-N, R-30-W, being more particularly
described as follows: From the N.E. comer of the NW 1 /4 of the SF, I /4 of said Section 20,
thence N87° 13'22"W 464.78 feet; thence S02046'38"W 75 .95 feet to the center line of a
ditch; thence along the center line of said ditch as follows: S 13°52'53 "W 157.39 feet; thence
S 17°38'29"E 138.54 feet; thence S64°04'53"E 36.47 feet; thence SO° 11 '38"E 104.22 feet to
the Point of Beginning; thence SO° 11 '38"E 89.61 feet; thence S14°47 '06"E 227.46 feet;
thence S30002'E 82. 11 feet to the West right-of-way for Razorback Road; thence
S18°21 ' 12"W 85 . 18 feet; thence leaving said right-of-way for Razorback Road N80°00'W
along a creek 160.53 feet; thence N26°42'27"W 82.42 feet; thence N87° l FOT W 47.00 feet;
thence S43°05'33 "W 42.72 feet; thence SO4°20'41 "E 36.68 feet; thence S30°46'23"W 95 . 54
feet; thence S30°46'23"W 43 .82 feet; thence S42' 1 8'32"W 60. 19 feet; thence SOYOO' l 7"W
234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North
line of Meadow Vale Subdivision N87°09'34"W 220.24 feet to the NW comer of said
Subdivision; thence along the East right-of-way of Ashwood Avenue NO3 °26'28"E 20. 00
feet; thence along the North right-of-way of 18th Street N87°33'13"W 354.43 feet; thence
along the East right-of-way of Arkansas Highway 16 Bypass NO2' 1 1 ' 12"E 845 .65 feet;
thence S85°33 '37"E 863 . 18 feet to the Point of Beginning, containing 14.66 acres, more or
less, Washington County, Arkansas.
Washington County, ARI
I certify this instrument was filed on
08/11 /2003 08:45:27 AM
and recorded in Real Estate
File Number 2003-00041704
Bette Stamps - Circuit Clerk
by/�
' -- -- - - - Ti ..-�HroMles 4704 77 ] 7 P . 2
Jul 01 03 01 : 52p PAGE 92
06/ 30/2893 19: 16 479j1a2 EN6FN.ERI46 C•
CA di A Qw",'L
03- / 9•�
SLY. OF ASSURANCE R2N
FpR m erry OF FAYI:7TEVJI.M ARKANSAS /Q
T /K7
In order to attempt to obtain approval of a request for a zoning
reclassificatiom the owner, developer, or buyer of this property, (hereinafter
"Petition American College General Partnership, John fi116 and Torn Broyles.
General Partners, hereby volurtarly offer this Sill of Assurance and imter -into
this binding agreement and contract with the City of Fayetteville, A.rkarisas-
The Petitioners wWressly grant to the City of FayettevMe the mutt to
enforce any and all of the tercets of this Bill of Assurance in the Chantry/
Circuit Court of Washington Comity and agrees that if Petitioners or Petitioners'
heirs, assigns, or successors violate any tprar of this Biu of Assurance, substantial
irreparable damage justifying injunctive relief bas been done to the citizens
and City of Fayetteville, Arkansas, The Petitioners acknowledge that the
Fayetteville Planning Comadasion and the Fayetteville City Council will
reasonably rely upon all of the terrrs and conditions within this Buil of
Assurance in considering whether to approve Petitioners rezoning regtiest.
Petitioners hereby voluntarily offer assurances that Petitioners and
Petitioners' property shall be restricted as follows IF Petitioners rezoning is
approved by the Fayetteville City Council.
I The use of Petitioners' property described in Fxhrbit "A" attached
hereto shall be linnited to a density of 480 multi-family dwelling units.
Z Petitioners shall install a traffic signal either at Razorback Road and 15m
Street or at Beachwood and 60, Street, whichever is the most aFproPnate
with a revised traffic study being submitted after the mtorung is
approved-
3. Petitioners shall dedicate six to seven arras for park land and a trail to
be built by the developers along the south boundary of the RMF 24,
Residential Multi-Family, 24 units per acre property to the City of
Fayetteville prior to development of subject property.
4. Petitioners shall provide storm water detention as required by the City
of Fayetteville Drainage Criteria Manual.
Petitioners specifically agree that all such restrictions and terms shall inn
with the land and bind all future owners unless and until specifically released by
Resolution of the FayettevLe City Conmcil. This Bill of Assurance shall be filed
for record m the Washington County Cheuit Clerk's Office after Pgetitforrers'
.Jul U1 uj U1452P Tiah BrOylma 4704427717 P • 3
06/30/ 2003 19: 16 479-8 02 ENGTHEERI G G" PPCF 93
rezoning is effective and shall be noted on any Final plat or Urge Scale
Development which includes some or all of petitioners property.
IN WY'f'NESS WHEREOF and in agreement with all the terms and
conditions stated above, we, Tom $royles and John Ellis, General. Partners
American College General Partnership, as the owners, developers or buyers
(Petitioners) voluntarily offer all such assurances and sign our names below-
Date Printed Name
44P -rIA16N
Address
_ Co MdB19Lt TK3 39e1 $ ?a
Si tura
L
Daii Printed Name
(; ;?y <f
Address
si�t�re
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASUNG'TON 1
And now on this the . day of� 2003, appemn d before
and after
being placed upon his/her oath swore-or of hated that he agreed with the terms
of the above Bill of Assurance and signed bb name above-
NOTARY PUBLIC
My Commission Expires:
STATE OF TENNESSEE
CaNPY OF SHELBY
And now on this the 1st day of July, 2003o, appeared before Iwo,, John R. Psllis,,
and after being placed upon his oath swore r affirmed that he agreed with the
terms of the Assurance and signed his name above *
pemp.6'
�9 NOTARY
PUBLIC NOTARYPUBLICAT
-yY
LARGE
I EXHIBIT "A"
AMERICAN COLLEGE CONSULTANTS
BILL OF ASSURANCE
A part of the NWIA of the SETA of Section 20, T- 16-N, R-30-W, being more
particularly described as follows: From the N.E. comer of the NWl /4 of the SE] /4 of
said Section 20, thence N87° 13'22" W 464.78 feet; thence S02046'38 "W 75 .95 feet to the
center line of a ditch; thence along the center line of said ditch as follows: S13°52'53 "W
15739 feet; thence S17°38'29"E 138.54 feet; thence S64°04'53 "E 36.47 feet; thence
SO° 11 '38"E 104.22 feet to the Point of Beginning; thence SO° 11 '38"E 89.61 feet; thence
S14047'06"L' 227.46 feet; thence S30002'E 82 . 11 feet to the West right-of-way for
Razorback Road; thence S18°21 ' 12"W 85 . 18 feet; thence leaving said right-of-way for
Razorback Road N80000'W along a creek 160.53 feet; thence N26°42'27"W 82.42 feet;
thence N8701 F07W 47.00 feet; thence S43°05 '33 "W 42.72 feet; thence SO4020'41 "E
36.68 feet; thence S30046'23 " W 95.54 feet; thence S30°46'23 "W 43 . 82 feet; thence
S42° 18'32"W 60. 19 feet; thence S03°00' 17"W 234.86 feet to a point on the North line of
Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision
N87009'34"W 220.24 feet to the NW corner of said Subdivision; thence along the Fast
right-of-way of Ashwood Avenue NO3026'28 "F. 20.00 feet; thence along the North right-
of-way of 18th Street N87033' 13 "W 354.43 feet; thence along the East right-of-way of
Arkansas Highway 16 Bypass NO2' 1 1 ' 12"E 845 .65 feet; thence S85°33 '37"E 863 . 18 feet
to the Point of Beginning, containing 14 .66 acres, more or less, Washington County,
Arkansas.
Also,
A Part of the EI /2 of the NF. I /4 of the SWIM of Section 20, Township 16 North, Range
30 West, in the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Beginning at a found 3/4-inch iron pipe at the NE
comer of said NF1 /4 of the SWI /4; Thence S1 °57'44"W 149. 11 feet to a point on the
West right-of-way line for Arkansas Highway 16 Bypass; Thence Southwesterly along
said right-of-way along a 326.50 foot radius curve to the left having a delta angle of
26056' 10", an arc distance of 153 .50 feet (the long chord of which bears S15°39' 17"W a
distance of 152.09 feet); 'Thence continuing along said West right-of-way line liar
Arkansas Highway 16 Bypass S2° 11 ' 12"W 713 .25 feet to an existing concrete right-of-
way marker; Thence S87°46'57"W 9.64 feet to an existing concrete right-of-way marker;
Thence continuing Southwesterly along said West right-of-way line for Arkansas
I lighway 16 Bypass along a 236.50 foot radius curve to the right having a delta angle of
91035' 10", an arc distance of 378 .04 feet (the long chord of which bears S48°08'49"W a
distance of 339.06 feet); Thence S3°50'46"W 9.62 feet to a point on the North right-of=
way line for 18th Street; Thence along said North right-of-way for 18th Street
N8710'48 "W 374.29 feet to the West line of the EI /2 of said NEI /4 of the SWI /4;
Thence N2°31 ' 15 "E 1263 .02 feet to the NW corner of said E1 /2 of the NEI /4 of the
S W 1 /4; Thence S86°52'04"E 655.46 feet to the Point of Beginning, containing 17.844
acres, more or less. Subject to all casements and rights-of-way of record.
Jul 01 03 01 ,052P Ti Brovles 4704427717 P .
06/39/2883 19: 16 479292 ENGINFJRM C. PAGE 02
BILL OF ASSURANCE -Tc a•
FOR UM CITY OF 1PAYE7TE MLF, ARKANSAS . U/
In order to attempt to obtain approval of is request for a zoning
redassification, the owner, developer, or buyer of this property, (hereinafter G't
"petitioneel American College General P�+ership. John Ellis and rola Broyles.
General Partners, hereby voluntarily offer this Bill of Assurance and imber .into
this binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioners expressly grant to the City of Fayetteville the A;ht to
enforce any and an of the teems of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioners or Petitioners'
heirs, assigns, or successors violate any term of this Bill of Assurance, stebstantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitionuxs acknowledge that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonably rely upon all of the terms and conditions within this BHI of
Assurance in considering whether to approve Petitioners rezoning regLiest.
Petitioners hereby voluntarily offer assurances that Petitioners :md
Petitioners' property shall be restricted as follows IF Petitioners' rezoning is
approved by the Fayetteville City Council.
1- The use of PetitioneW property described in Exhibit 'A" attached
hereto shall be limited to a deruity of 480 multi-family dwelling amity.
2, Petitioners shall install a traffic signal either at Razorback Road and 15m
Street or at Beechwood and 60, Street, whichever is the most appropriate
with a revised traffic study being submitted after the re:=dng is
approved.
I Petitioners shall dedicate six to seven accts far park land and a trail to
be built by the developers along the south boundary of the RMF 24,
Residential Multi-Family, 24 units per acre property to the City of
Fayetteville prior to development of subject property.
4- Petitioners shall provide Stamm water detention as required 1 ;� the City
of Fayetteville Dramage Criteria Marmal.
Petitioners specifically agree that all such restrictions and terms shall run
with the land and bind all future owners nrdess and until specifically released by
Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed
for record in the Washington County Curuit Clerk's Office after Petitioners'
• .Jul u1 u2 u1 - S2p Tinh Broyles 4704427717 P • 3
96/30/2003 19: 26 479-802 ENGINEERING C� PAGE V
rezoning is effective and Shall be noted on any Final Plat or Large Scale
Developnnent which includes some or all of Petitions property.
1N WrCNESS WHEREOF and in agreement with all the terms and
conditions stated above, we, Tom Broyles and John Ellis, General. Partners
Auwrican College General Part r=ship, as the owners, developers or buyers
(Petitioners) voluntarily offer all such assurances and sign our names below.
7 /I 03 ,l o�ta R
Date Printed Name
#4 Tietdef� C:-eek A.iop
Address ?a R
foMds�s1 � 381 $
5i ture
m: &76
Dat Printed Name
4� 2ycl7/A•4
Address ,� ;
,/
.yr '
r
NOTARY OATH
STATE OF ARKANSAS ►
COUNTY OF WASU NGTON }
And now on this the day of . 2003, appeanad before
and after
being placed upon his/her oath swore or affiraned that he agreed with the terms
of the above Bill of Assurance and signed his name above_
NOTARY PUBLIC
My Commission Expires:
STATE CE TENNESSEE
00M Y of SHELBY
And now on this the 1st day of July, 2003, appeaced before m;,, John R , Ellis,,
and after being placed upon his oath scare or affirmed that he agreed with the
terms ' of the Assurance and signed his name above.
GmUmS
�iNMARY
y PUBLICAr
NOTARYpOBLIC
y LARGE
F�
Y�
0
EXHIBIT "A"
AMERICAN COLLEGE CONSULTAN'T'S
BILL OF ASSURANCE
A part of the NWIA of the SETA of Section 20, T- 16-N, R-30-W, being more
particularly described as follows: From the N.E. corner of the NW 1 /4 of the SETA of
said Section 20, thence N87° 13 '22"W 464.78 feet; thence S02°46'38"W 75 .95 feet to the
center line of a ditch; thence along the center line of said ditch as follows: S13°52'53 "W
157.39 feet; thence S17°38'29"E 138.54 feet; thence S64°04'53 "E 36.47 feet; thence
S0° 11 '38"F. 104.22 feet to the Point of Beginning; thence SO° 11 '38 "E 89.61 feet; thence
S14°47106"E 227.46 feet; thence S30002'E 82. 11 feet to the West right-of-way for
Razorback Road; thence S18°21 ' 12"W 85 . 18 feet; thence leaving said right-of-way for
Razorback Road N80000'W along a creek 160. 53 feet; thence N26°42'27"W 82.42 feet;
thence N871F07W 47.00 feet; thence S43°05 '33 "W 42.72 feet; thence SO4°20'41 "F,
.36.68 feet; thence S30°46'23 "W 95.54 feet; thence S30046'23 "W 43 .82 feet; thence
S42018'32"W 60. 19 feet; thence S0YOO' l7"W 234. 86 Leet to a point on the North line of
Meadow Vale Subdivision; thence along the North line of Meadow Vale Subdivision
N87009'34"W 220.24 feet to the NW corner of said Subdivision; thence along the East
right-of-way of Ashwood Avenue NO3°26'28 "E 20.00 feet; thence along the North right-
of-way of 18th Street N87033 ' 13 "W 354.43 feet; thence along the East right-of-way of
Arkansas highway 16 Bypass NO2° 11 ' 12"F, 845 .65 feet; thence S85°33 '37"F, 863 . 18 feet
to the Point of Beginning, containing 14.66 acres, more or less, Washington County,
Arkansas.
Also,
A Part of the F, 1 /2 of the NEI /4 of the SWIA of Section 20, Township 16 North, Range
30 West, in the City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows: Beginning at a found 3/4-inch iron pipe at the NE
comer of said NEIA of the SWI /4; Thence S1 °57'44"W 149. 11 feet to a point on the
West right-of-way line for Arkansas Highway 16 Bypass; Thence Southwesterly along
said right-of-way along a 326.50 foot radius curve to the left having a delta angle of
2605610", an arc distance of 153 .50 feet (the long chord of which bears S15°39' 17"W a
distance of 152.09 feet); Thence continuing along said West right-of-way line for
Arkansas Highway 16 Bypass S2° 11 ' 12"W 713 .25 feet to an existing concrete right-of-
way marker; Thence S87°46'57"W 9.64 feet to an existing concrete right-of-way marker;
Thence continuing Southwesterly along said West right-of-way line for Arkansas
Highway 16 Bypass along a 236.50 foot radius curve to the right having a delta angle of
91035' 10". an arc distance of 378.04 feet (the long chord of which bears S48008'49" W a
distance of 339.06 feet); Thence S3 °50'46"W 9.62 feet to a point on the North right-of-
way line for 18th Street; Thence along said North right-of-way for 18th Street
N87010'48"W 374.29 feet to the West line of the E1 /2 of said NEI /4 of the SWI /4 ;
Thence N2°31 ' 15 "I: 1263 .02 feet to the NW comer of said E1 /2 of the NEI /4 of the
SWIA; Thence S86°52'04"E 655.46 feet to the Point of Beginning, containing 17.844
acres, more or less. Subject to all easements and rights-of-way of record.
0
NAME OF FILE: Ordinance No. 4501 wlEx. A & Bill of Assurance
CROSS REFERENCE:
Item # Date Document
1 07/01 /03 Staff Review Form w/attachments
draft ordinance
memo to Mayor/City Council, Tim conklin, Dawn Warrick
memo to Planning Commission
Crafton & Tull letter to Tim Conklin
Fire Marshal's memo to planning division
memo to Hoyt, Bosch, Boettcher, Casey, & Libertini
Close up View
One Mile View
Future Landuse
copy of minutes re: RZN 03-19.00
copy of staff review form placeholder
memo to Mayor/City Council
2 07/19/03 Affidavit of Publication
3 07/18/03 memo to David Whitaker
NOTES :
8/11 /2003 fled with the Washington County Circuit Clerk
STAFF RI: 'TF.W FORM - NON-FINANCIAL , OBLOATION
x AGENDA REQUEST
yl ,' k' x j Q c) �
For the Fayetteville City Council Meeting of : July I , 2003
FROM :
Dawn Warrick Planning CP&1; —7 14� P3
Name Division Department
kLl) 03 — f 9. d
ACTION REQUIRED: Ordinance Approval
SUMMARY EXPLANATION :
RLN 03- 19.00 was submitted by Cralton, Tull & Associates on behalf of 'Tom Broyles for property located
east of Beechwood Avenue and south of 15th Street. 'The property is currently zoned C-2, Thoroughfare
Commercial and R-2, Medium Density Residential and contains approximately 14. 66 acres. The request is to
move the current zoning line to a new configuration with the subject property being rezoned to R-2.
STAFF REC'OMMI;NDATION : Approval . /
),N l J Y��, �� Received in Mayor's Office lyA/A
Div�ion head —� Date
City Att tey Da e
Cross Ref-erence :
Department Director Date
Previous Ord/ResH :
Finance Internal Services Dir. Date Orig. Contract Date:
Orig. Contract Number:
Chief A inistrative Officer Date
/ New Item : Yes No
Mayor Date
C
ORDINANCE NO,
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION Rl.N 03- 19.00 AS SUBMITTED BY JERRY KELSO ON BEHALF OF
TOM BROYLES FOR PROPERTY LOCATED EAST OF BEECHWOOD
AVENUE SOUTH OF 15"" STREET, MOVING THE CURRENT ZONING LINE
TO A NEW CONFIGURATION WITH THE SUBJECT PROPERTY BEING R-2,
MEDIUM DENSITY RESIDENTIAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILI.E, ARKANSAS:
Section l : That the zone classification of the following described
property is hereby changed as follows:
From C-2, Thoroughfare Commercial, to R-2, Medium Density Residential, as
shown in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville,
Arkansas, is hereby amended to reflect the zoning change provided in
Section l above.
PASSED AND APPROVED this day of , 2003.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
• •
EXHIBIT "A"
RZN 03-19.00
A part of the NWI/4 /4 of the SEI/4 /4 of Section 20, T -16-N, R -30-W, being more particularly
described as follows: From the N.E. corner of the NW 1/4 of the SF,1 /4 of said Section 20,
thence N87°13'22"W 464.78 feet; thence S02°46'38"W 75.95 feet to the center line of a
ditch; thence along the center line of said ditch as follows: S 13°52'53W 157.39 feet; thence
S 17°3829E 138.54 feet; thence $64°04'53"E 36.47 feet; thence S0° 11'38"E 104.22 feet to
the Point of Beginning; thence S0°11'38"E 89.61 feet; thence S14°47'06"E 227.46 feet;
thence S30°02'E 82.11 feet to the West right-of-way for Razorback Road; thence
S 18°21'12"W 85.18 feet; thence leaving said right-of-way for Razorback Road N80°00'W
along a creek 160.53 feet; thence N26°4227"W 82.42 feet; thence N87°11'07"W 47.00 feet;
thence S43°05'33"W 42.72 feet; thence SO4°20'41 "F. 36.68 feet; thence S30°46'23"W 95.54
feet; thence S30°46'23"W 43.82 feet; thence 542° 18'32"W 60.19 feet; thence S03°00'17"W
234.86 feet to a point on the North line of Meadow Vale Subdivision; thence along the North
line of Meadow Vale Subdivision N87°09'34"W 220.24 feet to the NW corner of said
Subdivision; thence along the East right-of-way of Ashwood Avenue NO3°26'28"E 20.00
feet; thence along the North right-of-way of 18th Street N87°33'13"W 354.43 feet; thence
along the East right-of-way of Arkansas Highway 16 Bypass NO2°11'12"E 845.65 feet;
thence S85°33'37"E 863.18 feet to the Point of Beginning, containing 14.66 acres, more or
less, Washington County, Arkansas.
FAYETTEtILLE
1111: CITY OF FAYI': I'Ii. VILLE. ARKANSAS
PLANNING DIVISION CORRESPONDENCE
CC Meeting of July 1, 2003
125 W. Mountain Si.
Fayetteville, AR 72701
Telephone: (501) 575-8267
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs.
DATE: June 13, 2003
RZN 03-19.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
behalf of'I'om Broyles for property located east of Beechwood Avenue and south of 15°i Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential and contains approximately 14.66 acres. The request is to move the current zoning
line to a new configuration with the subject property being rezoned to R-2.
BACKGROUND
The subject property is currently vacant and is located on the south side of 15th Street between
Beechwood Ave. and Razorback Road. Property to the south, east and west is currently
undeveloped and there are University of Arkansas sports facilities to the north (Tyson Indoor
Track Complex and Baum Baseball Stadium). A creek with related floodplain adjoins the
subject property to the south and east.
In the fall (September / October) of 2001, the City Council rezoned the subject property R-2 and
C-2 in a configuration which provided residential zoning along Beechwood Ave. and on the
entire western side of the property. The eastern portion of the site was zoned C-2. At this time,
the applicant wishes to reconfigure the zoning districts which were applied through those
rezoning actions in 2001. The request is for 7.45 acres of commercial zoning along 15th Street
and 14.66 acres of residential property south of that area.
CURRENT STATUS
On June 9, 2003, the Planning voted 9-0-0 to forward this item to the City Council with a
recommendation for approval.
RECOMMENDATION
Staff recommends approval of the requested rezoning.
K:1RE1'ORl sI2003C(REPORTtiV!/1.Y MEET!NGSRZN03-/9_UROYLFS CC AEMO.DOC
% to
FAYETTEVILLE PC Meeting of June 9, 2003
THE CITY OF FAYE-1TEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn Warrick, Zoning & Development Administrator, ATCP
THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director
DATE: June 9, 2003
4R7.Ai,9$I Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
behalf of Tom Broyles for property located east of Beechwood Avenue and south of 15'h Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential and contains approximately 14.66 acres. The request is to move the current zoning
line to a new configuration with the subject property being rezoned to R-2.
dOIHW Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
behalf of Tom Broyles for property located east of Beechwood Avenue and south of 150' Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential and contains approximately 7.45 acres. The request is to move the current zoning
line to a new configuration with the subject property being rezoned to C-2.
RECOMMENDATION:
Staff recommends approval of the requested rezonings based on the findings included as
part of this report.
Separate action must be taken on each of these requested rezonings.
COMMISSION ACTION:
June 9, 2003
Required YES
0 Approved 0 Denied
CITY COUNCIL ACTION: Required YES
0 Approved 0 Denied
Date: July 1, 2003 (1't reading if recommended)
K: IReports120031PC REPOR7Y106-091zn03-19 & 20_broyies.doc
a
BACKGROUND:
The subject property is currently vacant and is located on the south side of 15th Street between
Beechwood Ave. and Razorback Road. Property to the south, east and west is currently
undeveloped and there are University of Arkansas sports facilities to the north (Tyson Indoor
Track Complex and Baum Baseball Stadium). A creek with related floodplain adjoins the
subject property to the south and east.
The major intersection of Razorback Road and 15th Street (Hwy 16) east of this location is the
site of a variety of uses. The University has developed a large sports complex on the north side
of 15th Street and just recently the southeast corner of the intersection has been established as an
RV park for Razorback fans. The northeast comer, east of the Swanson plant (formerly Vlasic
and Campbell Soup) now contains a large parking lot, also developed by the University.
Razorback Rd. is designated a principal arterial on the City's adopted Master Street Plan.
Fifteenth Street (Hwy 16) is designated a principal arterial east of this intersection and a collector
west of the intersection. Razorback Road between 1-540 and 15th Street is a 5 lane section which
is relatively new. North of this intersection, Razorback Road narrows to 2 lanes. Fifteenth Street
is a 4 lane road east of the intersection and a 2 lane road west, including the area directly adjacent
to the subject property.
Utilities are available to the site and would have to be extended by the developer upon approval
of a project. Extension of main lines and sizing of utilities will be further addressed at the time
of development review.
In the fall (September / October) of 2001, the City Council rezoned the subject property R-2 and
C-2 in a configuration which provided residential zoning along Beechwood Ave. and on the
entire western side of the property. The eastern portion of the site was zoned C-2. At this time,
the applicant wishes to reconfigure the zoning districts which were applied through those
rezoning actions in 2001. The request is for 7.45 acres of commercial zoning along 15th Street
and 14.66 acres of residential property south of that area.
A comparison of the acreages and zoning designations is as follows:
2001 Ordinances
Current Request
R-2acreage a
12.13
14.66
C-2 acreage
9.86
7.45
Totals
21.99
22.11
K: IReporu11003VPC REPOR7S106A9bzn03-19 & 10_bro*adoc
00
c!TRROIJNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Baum Baseball Stadium I Tyson
Indoor Track Complex
I-1, Heavy Commercial & Lt Industrial
South
Vacant
R-2, Medium Density Residential
C-2, Thoroughfare Commercial
East
Vacant
1-1, Heavy Commercial & Lt Industrial
West
Vacant
R-2, Medium Density Residential
INFRASTRUCTURE:
Streets: North: 15th Street, Collector Street with 70' ROW on the MSP
South: None
East: None
West: Beechwood Avenue, Collector Street with 70' ROW on the MSP
If development occurs on this site, 15`h Street and Beechwood Avenue would need
to be improved to a minimum of 14' from centerline including pavement, curb and
gutter, storm drains and sidewalk
Water: The property currently has access to a 6" waterline along Ashwood Avenue and an
8" line on Razorback Road. There is also a 12" waterline nearby at the
intersection of 15th Street and Razorback Road.
Any development of this site would require that an 8" main be extended to loop
the 8" line on Razorback and the 6" line on Ashwood Avenue.
Sewer: The property currently has several existing sewer lines on -site, including a 24"
line to the east and south and a 10" line along Beechwood Avenue to the west.
Fire: 1.0 miles from Fire Station #6. Normal driving time I min. 48 seconds. Water
supply will be needed for new development.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-2 is consistent with the land use plan and compatible with surrounding land uses in the area.
The C-2 portion of this request is considered compatible due to past policy decisions by the City
Council and the applicability of providing commercial property in the vicinity in order to
encourage the development of amenities which will serve the residential uses and allow for
mixed uses in this area.
FINDINGS OF THE STAFF
K:IRepore120031PC REPORTS106-09,r03-/9 & 20_ brolea.doc
El
00
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 land use planning objectives,
principles, and policies and with land use and zoning plans. The
surrounding properties are largely undeveloped. Nearby uses include
University facilities and single family homes to the south which are located
within the R-2 district.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposal is to reconfigure properties which have already been approved
with R-2 and C-2 designations. The request is justified in that the new
configuration allows for a development plan that utilized 15t' Street for
commercial frontage while providing residential uses south of that area with
additional access from Beechwood Ave.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger
and congestion. The major streets serving this site are currently under
utilized and are developed in a manner which will carry significant amounts
of traffic. Upon development, any improvements or capacity increases made
necessary by a proposed project will be the responsibility of the developer.
The proposed zoning requests will not change the impact of these properties.
The amount of commercial and residential property is not significantly
changed from that which was approved in 2001. Based on the approved
zoning actions in 2001, the developer did commission a traffic study in order
to have a benchmark for bringing forward a development proposal. This
traffic study will need to be amended to reflect the new zoning configuration
should these requests be approved.
Collector streets border the subject property. The streets may need left turn
lanes added or other modifications to accommodate increased traffic
generated by the site. Traffic calming measures may also need to be explored
with regard specifically to Beechwood Ave. north of the development.
Standard street improvements to Beechwood and 15t" Streets will also be
required.
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
K: IReports17003tPC REPOR73106-09kzn03-19 & 20_bro}ies.doc
of
ft
sewer facilities.
Finding: Population density will not be significantly altered from the current zoning
designations.
At the time of development water main extensions will be necessary as stated
in the attached staff comments. Several sewer lines are located on the
property.
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
K. 1Reportt170031PC REPOR73W6-09t'm03-/9 & 10_bro*s.doc
~
Crafton, lull Associates, Inc.
901 N. 47th Street, Suite 200, Rogers, AR 72756 479.636.4838 Fax 479.631.6224 www.craftull.com
May 16, 2003
Tim Conklin
City of Fayetteville, Planning
113 W. Mountain
Fayetteville, AR 72703
RE: Proposed Rezoning Request
On behalf of Tom Broyles
Beechwood Avenue and 15"' Street
CTA Job No. 031016-00
Dear Tim:
RECEI\!CD
MAY 1 9 2003
PLANNING DIV.
This is a pro�osed rezoning request for Tom Broyles, located at the southeast
corner of 15 street and Beechwood Avenue. The proposed zoning will include
7.45 acres of proposed C-2 zoning and 14.66 acres of R-2 zoning. The existing
zoning for the full 22.11 acres is C-2 and R-2. It is the intent of this rezoning to
move the current zoning line to a new configuration.
Checklist Item #5
The property owner is teaming up with a new developer to develop the
entire 22.11 acres with commercial adjacent to 15"' street, and a multi-
family development south of the commercial.
The developer is ready to move on the project, but needs the rezoning
inplace before he starts.
Water and sewer are available to the site. Access will be from
Beechwood Avenue and 15"' street.
Checklist Item #6
The property is consistent with the City of Fayetteville's master Land
use plan and the proposed zoning will be moving the existing zoning
lines around.
The proposed zoning is justified because the current zoning would not
allow the commercial to have full frontage on 15th and multi -family to
the back, which is typical of planning practices.
The proposed zoning should not create an increase in traffic because
will be slightly less commercial than the current zoning.
Since we are only adjusting current zoning lines, it should not alter
population densities or have adverse impacts to public utilities.
chile c t s, Engineers & Surveyors
M
S.
It is more desirable to have commercial along 15th street with
multifamily to the back.
Should you have any questions, or require any additional information, please
contact us at your convenience.
Very Truly Yours,
Grafton, Tull & Associates, Inc.
Je Kelso, P.E.
Vice President
Attachment:
RPnCIVED
Mn? 1 9 2003
PLAN .1'u DIV.
FAYETTEVILLE RECEIVED
FIRE MARSHAL'S OFFICE JUN 0 3 2003
PLANNING DIV.
THE CITY OF FAYL II EVILLE, ARKANSAS
From: Fire Prevention Bureau
To: Planning Division
Date o6-03-03
REZONING ✓ ANNEXATION
REZONING # 03-/9.0o OWNER
XATON ?n 7 OWNER
LOCATION OF
PROPERTY ,6i erig7W STteET /S,e#u "4'<
NEAREST FIRE STATION AND
LOCATION, ST,¢,rX4rlv —��//cc S�
RESPONSE TIME FROM FIRE STATION # TO
LOCATION OF
PROPERTY / MINUTES I/o SECONDS.
TRAVEL MILES FROM FIRE STATION H6 TO LOCATION OF
PROPERTY / /hi"t
COMMENTS ON FIRE DEPT.
ACC ESS/ROADWAYSdo 44m4
EXISTING FIRE HYDRANTS? IF SO
LOCATION
WATER SUPPLY WITH
NEEDED? wt) -1
ADDITIONAL
COMMENTS..
MAIN OFFICE SUBSTATION
115 SOUTH CHURCH ST N.W.A MALL
(501) 111-34481(501) 444-3449 (501) 575-8271
FAX (501) 575-8272 FAX (501) 575-8272
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Rick Hoyt, Police Chief
Chris Bosch, Fire Chief
Greg Boettcher, Water & Wastewater Director
.—* Matt Casey, Staff Engineer
Paul Libertini, Staff Engineer
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: June 1 2003
Response to Adequacy of Public Facilities
for Rezoning Proposals
The Planning Commission bylaws identify five findings that the Planning Commission must make in
order to determine the appropriateness of proposed zoning. Two of those findings pertain to other
departments. The Fayetteville Planning Division is requesting your assistance in making those findings.
Planning Commission meeting date:
Please submit response by:
June 9, 2003
June 4, 2003 (12:00 p.m. - noon)
We have received an application for the following rezoning request(s). We ask that you make findings
on these proposals with regard to the services you provide. Please address the findings provided in
italics.
1. ANX 03-02.00: Annexation (Shiloh Community Church, PP 322) was submitted by
Keystone Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of Mt.
Comfort Road and west of Rupple Road. The subject property is in the county and contains
approximately 3.93 acres. The request is to be annexed into the City of Fayetteville.
RZN 03-17.00: Rezoning (Shiloh Community Church, PP 322) was submitted by Keystone
Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of Mr. Comfort Road
and west of Rupple Road. The subject property is zoned A-1 and contains approximately 3.93
acres. The request is to rezone property to P-1, Institutional.
• A determination as to whether the proposed annexation would alter the population
density and thereby undesirably increase the load on public services including schools,
water, and sewer facilities
The property currently has access to a 4" and 8" water line along Mt. Comfort Road. There
are also 8" lines proposed in the Clabber Creek Phase 2 subdivision located on the east side
of this property. These lines should be sufficient to provide water service to the existing
J. I PROJEC/31 REZON/NG5106-09-03RZN
facility as well as redevelop of the site.
Sewer service is currently not available to the site. The nearest sewer main is located to the
south of Mt. Comfort Road. This area of town has been identified as an area of concern for
sewer service. The Hamstring Creek lift station is currently being upgraded to handle the
existing flows and any development proposed at the time of the study earlier this year. This
upgrade should be completed this summer.
If development occurs on this site, Mt. Comfort Rd. would need to be improved to a
minimum of 14' from centerline including pavement, curb and gutter, storm drains and
sidewalk.
2. ANX 03-03.00: Annexation (James Coger, PP 321) was submitted by Keystone Consultants,
Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of
Rupple Road. The subject property is in the county and contains approximately 18.35 acres.
The request is to be annexed into the City of Fayetteville.
03-18.00: Rezoning (James Coger, PP 321) was submitted by Keystone Consultants, Inc. on
behalf of James Coger for property located north of Mt. Comfort Road and west of Rupple
Road. The property is currently zoned A-1 and contains approximatelyl8.35 acres. The
request is to rezone the subject property to R-1, Low Density Residential.
• A determination as to whether the proposed annexation would alter the population
density and thereby undesirably increase the load on public services including schools,
water, and sewer facilities
The property currently has access to a 4" and 8" water line along Mt. Comfort Road. There
are also 8" lines proposed in the Clabber Creek Phase 2 subdivision located on the east side
of this property. These lines should be sufficient to provide water service to development of
this property.
Sewer service is currently not available to the site. The nearest sewer main is located to the
south of Mt. Comfort Road. This area of town has been identified as an area of concern for
sewer service. The Hamstring Creek lift station is currently being upgraded to handle the
existing flows and any development proposed at the time of the study earlier this year. This
upgrade should be completed this summer.
If development occurs on this site, Mt. Comfort Rd. would need to be improved to a
minimum of 14' from centerline including pavement, curb and gutter, storm drains and
sidewalk.
3. RZN 03-19.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
/ behalf of Tom Broyles for property located east of Beechwood Avenue and south of 15`s Street.
7J` The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential. The request is to move the current zoning line to a new configuration with the
subject property being rezoned to R-2.
• 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
J. tPROJEC731 REZONINGS106-09-03RZN
The property currently hss to a 6" water line on Ashwoo and an 8" line on
Razorback Road. There t a 12" waterline nearby at the jut on of 15St. and
Razorback Road. Any development of this site would require that an 8" main be extended to
loop the 8" line on Razorback and the 6" line on Ashwood.
The site has several existing sewer lines located on the property.
Development of this property will require street improvements to Beechwood Ave. and 151°
Street. This would include improvements to a minimum of 14' from centerline with
pavement, curb and gutter, storm drains and sidewalks.
4. RZN 03-20.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
4�• behalf of Tom Broyles for property located east of Beechwood Avenue and south of 15`s Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential. The request is to move the current zoning line to a new configuration with the
subject property being rezoned to C-2.
• 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
The property currently has access to a 6" water line on Ashwood Ave. and an 8" line on
Razorback Road. There is also a 12" waterline nearby at the intersection of 15' St and
Razorback Road. Any development of this site would require that an 8" main be extended to
loop the 8" line on Razorback and the 6" line on Ashwood.
The site has several existing sewer lines located on the property.
Development of this property will require street improvements to Beechwood Ave. and 15`"
Street. This would include improvements to a minimum of 14' from centerline with
pavement, curb and gutter, storm drains and sidewalks.
5. RZN 03-21.00: Rezoning (Nock, PP 439) was submitted by John Nock for property located at
4023 Wedington Drive. The property is currently zoned A-1, Agricultural and contains
approximately 4.16 acres. The request is to rezone the subject property to C-1, Neighborhood
Commercial.
• 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.
The
property currently has
access to an 18" water line on
Wedington Drive. There are also a
12"
and 8" line to the south
on Rupple Road.
The site has access to a 6" and 8" sewer on the west side of the property.
Street improvements will not be required for development of this property. Rupple Rd. is
currently under construction adjacent to this site, and Wedington is already improved at this
location.
J. IPROJED ,2Ri.'LONINGS06-09-03RZN
6. ANX 02-01.10 AnnexafIarrison, PP 256) was submitteduy roe Harrison for the
Petitioners for property located south of Rom's Orchard Road and east and west of Lancaster
Lane. The property is in the county and contains approximately 22.05 acres. The request is to
be annexed into the City of Fayetteville
• 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.
The property currently has access to a 4" water line along Old Wire Road and a 4" line along
Skillern Road. A 4" line is not sufficient to provide fire protection for this area. An
extension of an 8" line to the properties would be required.
Sewer service is currently
not available
to the site. The
nearest sewer main is located to the
south of Skillern Road in
the Savannah
and Brookbury
subdivisions.
Name _Matt Casey
Department Engineering
J: V'ROJECT REZONJNGSl0609-03RZN
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
TO: Rick Hoyt, Police Chief
Chris Bosch, Fire Chief
Greg Boettcher, Water & Wastewater Director
Matt Casey, Staff Engineer
—iPaul Libertini, Staff Engineer
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
DATE: June 1, 2003
Response to Adequacy of Public Facilities
for Rezoning Proposals
The Planning Commission bylaws identify five findings that the Planning Commission must make in
order to determine the appropriateness of proposed zoning. Two of those findings pertain to other
departments. The Fayetteville Planning Division is requesting your assistance in making those findings.
Planning Commission meeting date:
Please submit response by:
June 9, 2003
June 4, 2003 (12:00 p.m. - noon)
We have received an application for the following rezoning request(s). We ask that you make findings
on these proposals with regard to the services you provide. Please address the findings provided in
italics.
ANX 03-02.00: Annexation (Shiloh Community Church, PP 322) was submitted by
Keystone Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of Mt.
Comfort Road and west of Rupple Road. The subject property is in the county and contains
approximately 3.93 acres. The request is to be annexed into the City of Fayetteville.
RZN 03-17.00: Rezoning (Shiloh Community Church, PP 322) was submitted by Keystone
Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of Mr. Comfort Road
and west of Rupple Road. The subject property is zoned A -I and contains approximately 3.93
acres. The request is to rezone property to P-1, Institutional.
• A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion.
• This proposal would probably warrant adding a left turn lane on Mt. Comfort Road.
Additionally, traffic generated from this site will contribute to the need to overall
widening and upgrading of Mt. Comfort Road which is a minor arterial.
C:IDOCUMEN78 AND StI iNGSIDWARRICKILOCAL SE7TINGSITEMPW 609-03RWNPAULDOC
2. ANX 03-03.00: Annexation (James Coger, PP 321) was submitted by Keystone Consultants,
Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of
Rupple Road. The subject property is in the county and contains approximately 18.35 acres.
The request is to be annexed into the City of Fayetteville.
RZN 03-18.00: Rezoning (James Coger, PP 321) was submitted by Keystone Consultants,
Inc. on behalf of James Coger for property located north of Mt. Comfort Road and west of
Rupple Road. The property is currently zoned A -I and contains approximatelyl 8.35 acres.
The request is to rezone the subject property to R-1, Low Density Residential.
A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion.
This proposal would probably warrant adding a left turn lane on Mt. Comfort Road.
Additionally, traffic generated from this site will contribute to the need to overall
widening and upgrading of Mt. Comfort Road which is a minor arterial.
3. RZN 03-19.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
behalf of Tom Broyles for property located east of Beechwood Avenue and south of 15th Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential. The request is to move the current zoning line to a new configuration with the
subject property being rezoned to R-2.
• A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion.
• 15th Street, Beechwood Avenue & 18d' Street are collector streets which border the
subject property. The streets may need left turn lanes added to accommodate the
increased traffic generated by the site. The existing geometry (horizontal curves) should
be evaluated by the consultant engineer to determine if the curves need to be increased
to meet collector street standards including sight distance. Beechwood Avenue going
north from the site is a local street. This development may need to look at construction
some traffic calming measures to insure that site generated traffic does not impact this
local street.
4. RZN 03-20.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and Associates on
behalf of Tom Broyles for property located east of Beechwood Avenue and south of 15th Street.
The property is currently zoned C-2, Thoroughfare Commercial and R-2, Medium Density
Residential. The request is to move the current zoning line to a new configuration with the
subject property being rezoned to C-2.
• A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion.
• 15th Street, Beechwood Avenue & 18th Street are collector streets which border the
subject property. The streets may need left turn lanes added to accommodate the
increased traffic generated by the site. The existing geometry (horizontal curves) should
be evaluated by the consultant engineer to determine if the curves need to be increased
to meet collector street standards including sight distance. Beechwood Avenue going
north from the site is a local street. This development may need to look at construction
C. IDOCUMEN7S AND SL777NGSIDWARRICKVACAL SE7TINGS1TEMP106-09-03fUNPAUL.DGC
N M
some traffic calming measures to insure that site generated traffic does not impact this
local street.
5. RZN 03-21.00: Rezoning (Nock, PP 439) was submitted by John Nock for property located at
4023 Wedington Drive. The property is currently zoned A-1, Agricultural and contains
approximately 4.16 acres. The request is to rezone the subject property to C-1, Neighborhood
Commercial.
• A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion.
6. ANX 02-01.10 Annexation (Harrison, PP 256) was submitted by Monroe Harrison for the
Petitioners for property located south of Rom's Orchard Road and east and west of Lancaster
Lane. The property is in the county and contains approximately 22.05 acres. The request is to
be annexed into the City of Fayetteville
• A determination as to whether the proposed zoning would create or appreciably
increase traffic danger and congestion.
• Annexation the existing homes into the City will not impact the existing road system.
Any changes to the zoning to increase densities will impact the road system.
Name Paul Libertini, P.E. Department Engineering
C: (DOCUMENTS AND SEITINGSDWARRICKVACAL SEMTINGSTEMPIO6-09-03RZNPA ULDOC
RZN03-19.00
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Planning Commission
June 9, 2003
Page 16
RZN 03-19.00: Rezoning (Broyles, PP 599) was submitted by Crafton, Tull and
Associates on behalf of'I'om Broyles for property located east of Beechwood Avenue and
south of 15'h Street. The property is currently zoned C-2, Thoroughfare Commercial and
R-2, Medium Density Residential. The request is to move the current zoning line to a
new configuration with the subject property being rezoned to R-2.
Hoover: On to item number eight, RZN 03-19.00 for property located east of
Beechwood Avenue and south of 15th. Dawn?
Warrick: Items eight and nine are combined. The reason is that they are basically
the same overall property. Before I get too far into that staff report
though, with reference to the four items that preceded this, as well as these
two rezonings as well as the other items in this agenda. Annexations and
rezoning applications are significant policy decisions made by the
Planning Commission with recommendation to the City Council for final
decision. At this point in time the City of Fayetteville is taking a much
more critical look at these types of applications than we ever have in the
past. It is important that we have adequate information for you to make a
recommendation to the City Council and for the City Council to make one
of these policy decisions when they are approached with a request to
annex or rezone a piece of property. With that in mind, staff has
assembled a zoning review team. What this time is designed to do, it is a
group of staff members, and it includes representation from the Planning
Division, the Engineering Division, the Fire and Police Departments. We
have charged ourselves with analyzing requests for annexations and
rezonings to provide adequate data and analysis for you with regard to the
findings that are required to be made for these types of requests. The City
Council adopted an annexation policy in 2001 and that annexation policy
is a basis for decisions with regard to those types of actions. We also have
in our bylaws for the Planning Commission have specific findings that are
required to be made on any of these requests- issues that staff needs to
address include traffic conditions, current and future, based on potential
uses; the street system, whether existing infrastructure is adequate or
improvements would be necessary; system capacity, water and sewer;
response time for emergency services and whether providing services of
all types in the area to be annexed or to have the zoning changed, would
cause a strain on existing resources. We feel that it is very important to
use all of the resources available to us to make these determinations and to
provide you with some guidance on these decisions. The city has taken on
a very large project with regard to the new waste water treatment plant
that is proposed to be on the west side of town. We are in the process of
working through a new transportation study for the entire city, a traffic
study. 'Those are the types of things that we are trying to include in our
recommendations and findings for you on these types of items. That is
just kind of for reference. With regard to the two rezonings that we are
Planning Commission"
June 9, 2003
Page 17
N
now talking about on the agenda. 1'he subject property is vacant and
located on the south side of 15th Street between Beechwood Avenue and
Razorback Road. The property to the south, east and west is currently
undeveloped. There arc University of Arkansas sports facilities to the
north. The Tyson indoor track complex and Baum baseball stadium. A
creek and related floodplain adjoins the property to the southeast. In the
fall of 2001, September and October of 2001, the City Council rezoned the
subject property to R-2 and C-2 in a configuration which provided
residential zoning along Beechwood Avenue on the entire western side of
the property and then the eastern side was zoned C-2. At this time the
applicant is wishing to reconfigure those requests from 2001. The request
now is to stack the zoning so the C-2 property is on the north side of this
tract and the R-2 is south of that. The acreages are very similar with
regard to the amount of the two districts that are being divvied up in this
property. R-2 acreage approved in 2001 was 12.13 acres and the request
is for 14.6 acres to be zoned R-2 with the reconfiguration. The C-2
acreage in 2001 was 9.8 acres and the request now is 7.45. There is
actually a little reduction in the commercial district and an increase in
residential. The General Plan does designate this site as residential.
Rezoning the property in the R-2 portion of course is very consistent with
that land use plan that is compatible with adjacent land uses also. The C-2
portion of the request is considered to be compatible also due to past
policy decisions. In 2001 the City Council did set policy in adopting a
commercial zoning designation for a portion of this property. At this time
they are requesting a reconfiguration of that. The proposal, as 1
mentioned, is to reconfigure what has already been approved and the
request is justified in order that it allows the development plan to utilize
151 Street for commercial frontage and provides residential uses south of
that area with additional access to the residential uses south of that area
with additional access to the residences from Beechwood. The proposed
rezoning request will not change the impact of these properties. The
amount of commercial and residential proposed is not significantly
changed from what was approved in 2001. Based on the approved zoning
actions in 2001 the developer did commission a traffic study in order to
have a benchmark for bringing forward a development proposal. This
traffic study will need to be amended to reflect the new zoning
configuration should these requests be approved. Staff is recommending in
favor of these rezoning requests and just a note that each of these actions
will need to be voted on separately. We talked earlier about the maps.
The request for R-2 zoning is reflected on page 8 and 9.16 and 17 and over
on pages 20 and 21 those maps best reflect the request for C-2 zoning.
I loover: Thank you Dawn, would the applicant come forward?
Planning Commission
June 9, 2003
Page 18
Kelso: Good evening. My name is Jerry Kelso, I am with Craflon, Tull &
Associates representing the owner. I put together a quick little drawing
here that kind of shows you what we had before and what we are asking
now to try to clarify things to make it a little bit easier. This is what is
currently zoned at this time. The highlighted yellow portion is the total
property we are talking about. As you can see, here is the zoning line, the
dashed line as it currently exists right now. Our proposal is to go to this
right here where you have got all the frontage here on 15`s Street towards
the front and all the R-2 in the back. The reason for the difference in
acreages, as you can see, this C-2 zoning had a lot of the unusable area
and floodplain and things like that and now all of the R-2 has all of the
floodplain. That is why the acreages are all set. The developer still plans
on complying with what was agreed to before with the maximum units for
this overall property so there will be no more multi -family than what was
originally approved. That is the concept. I will entertain any questions
you may have.
I loover: Thank you for the map. Is there any member of the audience that would
like to address this RZN 03-19.00? Seeing none, I will bring it back to the
Commission.
MOTION:
Estes: I would move for approval of RZN 03-19.
I loover: I have a motion by Commissioner Estes
Shackelford: I will second.
Hoover: And a second by Commissioner Shackelford. Is there anymore
discussion?
Ostner: I have
a question for
staff. When
we are talking about justifying the C-2
when
the 2020 Plan
talks about
residential, I didn't quite follow that
except
we rezoned it in
the past so
it must be commercial.
Warrick: With this particular request staff felt that a policy decision had been made
by the City Council with regard to the zoning action that was taken in
2001. At that time there was considerable discussion about having a
mixed use area and providing accessories and amenities to the residential
properties that would be developed in this case south of the commercial.
Anthes: A question for staff. This rezoning would in no way inhibit the applicant
from coming back with a PZD in this area would it?
Planning Commission ® •
June 9, 2003
Page 19
Warrick: No it would not.
Hoover: Is there any other discussion? Renee, would you call the roll?
Roll Call: Upon the completion of roll all the motion to forward RZN 03-19 was
approved by a vote of 9-0-0.
Thomas: The motion carries nine to zero.
Hoover: Thank you.
S'l'AFP RE•W FORM - NON -FINANCIAL OBL1LT1ON
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: July 1, 2003
FROM:
Dawn Warrick
Name
Planning
Division
ACTION REQUIRED: Ordinance Approval
SUMMARY EXPLANATION:
CP&E
Department
RZN 03-19.00 was submitted by Crafton, Tull & Associates on behalf of'I om Broyles for property located
cast of Beechwood Avenue and south of 15th Street. The property is currently zoned C-2, Thoroughfare
Commercial and R-2, Medium Density Residential and contains approximately 14.66 acres. The request is to
move the current zoning line to a new configuration with the subject property being rezoned to R-2.
STAFF RECOMMENDATION: Approval.
d/}, Received in Mayor's Office
Divlion Head ate Date
City Attorney
Date
-/ 3-v
Department Director Date
Finance & Internal Services Dir
Chief Administrative Officer
Mayor
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
Orig. Contract Number:
Date
New Item: Yes No
Late
I
CC Meeting of July 1, 2003
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, A.I.C.P., Community Planning & Engineering Services Director
DATE: June 26, 2003
SUBJECT: Butterfield Trail Village Right -of -Way and Broyles Rezonings
BUTTERFIELD TRAIL VILLAGE LSD 03-15
Attached you will find information on how Joyce Boulevard can be designed to add a boulevard
with left turn lanes and save the existing oaks in front of the development. The current Master
Street Plan requires 110 feet of right-of-way in order to build a 20 foot median, two 12 foot travel
lanes each direction (28 feet back of curb to back of curb) and a 10 foot green space with a 6 foot
sidewalk.
To save the existing large oak trees, staff has modified the master street plan cross section to reduce
the median width from 20 feet to 11 feet and eliminated the green space in front of the sidewalk.
This street could be widened to include an 11' median, four 11 foot travel lanes, and a sidewalk
continuous with the curb or having the sidewalk built south of the trees on Butterfield Trail
property. This design can be accommodated within the existing 80 feet of right-of-way without
having to take additional right -of way.
(BROYLES REZONING RZN 03-19 & RZN 03-20
Mr. Broyles has agreed to offer a Bill of Assurance to the City Council for the entire R-2 zoning
area based on what was discussed during the prior rezoning. Staff is preparing the Bill of Assurance
for signatures and will be sending this to Mr. Broyles to obtain property owner's signatures.
Attached are the minutes of the City Council meeting from November 6, 2001 and December 4,
2001.
City Council Minutes
November 6, 2001
Page 4
RZN 01-17.00: An ordinance approving rezoning request RZN 01-17.00 as submitted by Cynthia
Beard and Williams M. Center for property located on the southeast comer of I5'" Street and
Beechwood Avenue. The property is zoned 1-1, Heavy Commercial/Light Industrial and contains
approximately 12.13 acres. The request is rezone to R-2, Medium Density Residential. The
ordinance was left on the first reading at the October 16, 2001, meeting.
Alderman Santos moved to suspend the rules and go to the second reading. Alderman Davis
seconded the motion. Upon roll call the motion passed by a vote 4)1 6-2-0, Jordan and Zurcher
voting nay and Mayor Coody voting yea.
Mr. Williams read the ordinance for the second lime.
Alderman Jordan stated he had received a petition from that neighborhood of about seventy-five
signatures. They did not wish for this to be rezoned. The problem with that area was that the creek
would get completely out of its banks. Water would get as far as Eighteenth Street. The people were
concerned that if the apartment complex went in there that the water would get into some homes.
lie knew they were down zoning, but that was not the issue. The issue was that he represented those
people in that area. That neighborhood did not want that apartment complex in there. They were
concerned about possible flooding and traffic congestion and their quality of life in that
neighborhood. These were concerns. If the city could write some sort of contract that would
guarantee these people that their homes would not be flooded, he might support this if they would
do that. As it stood right now, he could not support this development.
Alderman Davis asked if the developer would be willing to meet with the neighbors.
Mr. Bill McClard, applicant, stated tonight was the first indication that anyone was disappointed with
what they were planning to do to this neighborhood. They would be more than happy to meet with
the people of the neighborhood and try and explain what they were trying to do.
Alderman Jordan stated on Brooke Street there were homes that were flooding. The point was they
were putting in all kinds of new develops, and new development was fine, but there was the
possibility that they could be flooding peoples homes. The city was not willing to take responsibility
for that flooding. The traffic congestion was going to be another problem.
Mr. McClard agreed to met with the neighbors.
Alderman Santos stated they had ordinances in place. If anybody flooded, it would not have
anything to do with this development, if it was developed according to their ordinance. They had
the ordinances in place to prevent this kind of thing from happening. He did not believe the flooding
fears were founded. He did not believe that if this development was done according to our
ordinance, that there was any possibility that they could be adding to the flood risk. They could not
City Council Minutes
November 6, 2001
Page 5
guarantee that there would not be another great flood. This development would not have any impact
on whether the great flood came or not. The traffic congestion he found to be silly. Anybody could
go out to that intersection and see it was the biggest, emptiest intersection he had ever seen. The
infrastructure was already in place.
Mr. McClard stated there were ordinances in place that when they went through large scale they had
to have engineering grading that had to be approved. The study had not been made yet. These
objections that any project had to go through to make sure that they did not put water onto the.
• neighbors.
Alderman Young stated the neighbors were concerned about flooding. The ordinance addressed it,
but if they read the ordinance it just talked about no increased flow onto the neighbors. They had
to be very careful about how the ordinance read.
Mr. McClard asked if he was wanting the developer to go back and make sure that no flooding could
happen, when it may already exist?
Alderman Young replied no that was not what he was wanting. This was a rezoning. There were
two major things that they could consider -flooding and traffic. Whether or not the traffic issue was
there, he did not know. He was certain the flooding issue was there. His advice to him was to
address the flooding issue, if he wanted to get this rezoning.
Ms. Terry Easton, an area resident, stated she would be a neighbor to this development. What they
were discussing at this point in time was a rezoning. They did not know that this development would
ever come into being. What they were talking about was a down zoning. No matter who this land
was developed by, if it was developed for an industrial usage, they were still going to encounter the
same problems if not more problems than what they could encounter if they down zoned the property
and worked with this developer to put in a multi -family residential complex, a restaurant and a hotel.
She believed these things could be accomplished without affecting the flood plain. She believed this
development could move forward without causing flooding problems. She was not opposed to this
rezoning. She reminded them that they were considering the rezoning and the development. This
was a down zoning and an in -fill project, which was what smart growth was about.
Mr. Allen Gibson, an area resident, stated he was concerned about the wetland and the pollution.
He drove through the intersection many times a day. It was busy in the morning and evenings. They
were concerned about the traffic. He questioned where the city apartment occupancy stood. Did the
city really need more apartments?
Alderman Trumbo stated he was on the University's board for student affairs. Their dorms were at
one hundred percent occupancy.
City Council Minutes
November 6, 2001
Page 6
Mr. Gibson stated if the occupancy rate was not over ninety percent he did not see any need for this.
All the motels in this area were not filled. There was not a need for another motel. They were
concerned about the quality of life and people using their streets to avoid using the large intersection.
lie was not for this project. Ile believed his quality of living would go down. Student population
would go up. It was an optimum place to make money. He believed if they went for making money
rather than the quality of life their children were losing venues around there. They were not going
to he able to see a field. He grew up in this town and he had seen the land disappear. It was amazing
to him. What were they going to do, have their children walk around on parking lots? He asked if
it as necessary.
Alderman Thiel asked if they would prefer to have an industry or factory there.
Mr. Gibson replied absolutely not.
Alderman Thiel stated that was all they were doing was changing the zoning from Industrial to
residential. Right now, anybody could go in there and build a factory and any of the things that came
in under the industrial zoning.
Mr. Gibson stated that would be unacceptable too.
Mayor Coody stated they would not be able to tell someone that they could not develop the land the
way it was zoned. It was zoned Heavy Commercial/Light Industrial now. There were a lot of
industries that could move in there tomorrow without having to change the zoning.
Alderman Jordan asked if the Council
had the right
to appeal
the decision of the Planning
Commission.
Alderman Young stated it would not be a decision of the Planning Commission. They could get a
building permit tomorrow. If it was a large scale development, they would have to go through large
scale development.
Mr. Conklin stated with their current zoning they typically saw mini -storage units, warehousing, light
manufacturing, used car lots, trailer sales, that type of retail sales. That is the type of development
that they have been seeing recently. Industrial looking uses, metal buildings. 'Their tree ordinance
required fifteen percent tree canopy required in I -I and twenty percent in R-2. They did have more
tree preservation with the down zoning. R-2 zoning allowed single family, duplex, triplex, multi-
family, up to twenty-four units per acre. The C-2 was going to allow for the hotel. The restaurant
was already allowed in the I-1. Looking at the process, they would have to either subdivide it or split
it or they could do one large scale development. At minimum, they were going to have to come to
the Planning Commission, either for a lot split or a subdivision. If it was larger than one acre they
would have to do a large scale development. At that time, it did go through a development review
S •
City Council Minutes
November 6, 2001
Page 7
process. It was a thirty-five day process. It involved three meetings. That was from the first
submittal to Planning Commission. At that time, Stormwater, Floodplain, grading, subdivision,
zoning, tree preservation, those ordinances would be looked at and the development would have to
comply in order to get their development approved at Planning Commission. His feeling in regard
to potential uses, C-2 allowed them to enforce their Commercial Design Standards. It did not allow
for metal buildings to be constructed. He thought it would be more appropriate to have some type
of commercial use than some type of I-1 use, such as mini -storage, warehouse, in that location. As
he looked at that corridor he thought it would be beneficial to be able to use their Commercial
Design Standards. They did have standards for stormwater retention. They needed to remember that
they were looking at land use and how that could develop in the future. Staff had recommended to
down zone the property. They would rather see residential, commercial uses rather than metal
buildings, warehouse uses or trailer sales.
Alderman Thiel stated if they approved this down zoning, the Council would still have the
opportunity to appeal any project offered.
Mr. Conklin replied yes. Tonight they were considering a legislative decision. When they got to the
point of developing, and they applied for a large scale development, then the city set.out the
ordinances they had to meet. They had to instruct the developer how to meet their ordinance. They
could not just say no. A rezoning was a policy decision. As staff they had to walk people through
a process from start to finish and make sure what their ordinance required. The Planning
Commission could not just say "no". They had to make sure they could approve their development,
if they do what is required by the ordinance. If they met the ordinances, then their project was
approved.
Alderman Zurcher stated if it were economically feasible to build I-1 on that land, that was what
would be happening right now. It was a profit motive. He did not believe they were at a risk in
having something I-1 develop there.
Mr. Conklin stated that they required the property owner to sign all applications. The property owner
had to be willing to sell or rezone the property.
Alderman Zurcher reiterated no one has applied for an application to build on this property in I-1,
meaning it was not economically feasible to develop in I-1 or they would have done it. They were
saying it was economically feasible to build R-2 here.
Alderman Davis stated they were discussing a rezoning from I-1 to R-2. They had been asked to
allow the people who have signed the petition to meet with the developers and to continue this
discussion. They needed to decide if they wanted to rezone this tonight or wait. He thought they
needed to all them time and table this for two weeks.
Ll
City Council Minutes
November 6, 2001
Page 8
Mr. Conklin stated in his office they received at least one phone call a month from someone who
wants to develop mini -storage units. They looked at commercially zoned property, which was a
conditional use. As the Planning Director, he was not going to support metal storage units in C-2
zones. He would ask them to look for I-1 property.
Mr. Al Vic, an area resident, stated they needed to stop and slow down this type of development.
This was not what he called smart growth. This is the developers in total control and no body was
going to try and stop it. What ever they could put or enforce upon a quite neighborhood, they were
going to do it. It had to stop.
Mayor Coody asked him what he would have them do. Bring them a suggestion. If he were in their
shoes what would he do?
Mr. Vic stated he did not know all the legalities, but he did know that other communities have had
growth boundaries. They could have ordinances where they had a certain amount of green spaces.
Mayor Coody stated if they wanted this land to be green space, then the city had to buy it. They
could not tell land owners that they could not sell their land or that they could not develop it. They
did not have the authority to do it. They would have to allow them to develop it in ways that would
match their ordinances and the zoning.
Alderman Santos stated their plan did call for this kind of growth. The reason to have an urban
growth boundary would be to force people to do this kind of in -fill development because this was
what they considered desirable. The infrastructure was already there. This was the desirable kind
of development that they wanted. An urban growth boundary would be the thing that would force
people to do this kind of development and not prevent them from doing this kind of development.
Mr. Vic stated in -fill
could mean different things.
It could mean hotels and apartments or single
houses on acre lots.
People
in quite neighborhood
should have some property rights. There were
huge complexes. He
did not
believe this was smart
growth.
Ms. Easton stated this was a rezoning to bring an R-2 zone next to an already existing R-2 zone. It
made more sense to have an R-2 zone next to an R-2 zone than to have an 1-1 zone next to an R-2
area. No matter what they believed about the proposed development, it was already a noisy area.
It was noisy because of the industrial usages that were forced upon the residents of the area. She
asked the Council to support the down zoning. It had nothing to with the developer or what was
proposed to he developed on this site. The important part was to get this land down zoned. They
may never have an apartment complex on this site. But, they did not want to take the chance of
having a concrete company or worse next to this neighborhood.
City Council Minutes
November 6, 2001
Page 9
Ms. Barbara Moorman, an area resident, stated there had not been any extensive discussion on the
water. She presented a map of the area illustrating the possible flooding problems. The General
Plan mandated that they define and protect areas of significant flood plain. They also had principle
number four which stated they were supposed to relate the natural and built environments through
community design. The city currently had a contract for a city wide drainage study. The first phase
has been completed. That was the drainage manual and ordinance. The second phase was going to
be an inventory of the stormwater system. The third phase was a study of the systems water shed.
If phases two and three were not finished she did not know how they could ensure anyone of
anything. She did not know how they could go on planning new developments, such as this. She
thought they should follow their mandate to protect the flood plain. She thought they should
postpone doing any developments such as this one until all the studies were done.
THE ORDINANCE WAS LEFT ON THE SECOND READING.
Alderman Santos move that they table the next two items until the next meeting. Alderman
Zurcher seconded the motion. Upon roll call the motion carried unanimously.
RZN 01-18.00: An ordinance approving rezoning request RZN 01-18.00 as submitted by Bill
McClard of Lindsey and Associates on behalf of Cynthia Beard and William M. Center for property
located on the Southwest comer of 15th Street and Beechwood Avenue. The property is zoned I-1,
Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to
rezone to R-2, Medium Density Residential. The ordinance was left on the first reading at the
October 16, 2001, meeting.
THE ORDINANCE WAS TABLED ON THE FIRST READING.
RZN 01-19.00: An ordinance approving rezoning request RZN 01-19.00 as submitted by Bill
McClard of Lindsey and Associates on behalf of Cynthia Beard and William M. Center for property
located south of 15`h Street between Beechwood Avenue and Razorback Road. The property is zoned
I-1, Heavy Commercial/Light Industrial and contains approximately 9.86 acres. The request is to
rezone to C-2, Thoroughfare Commercial. The ordinance was left on the first reading at the October
16, 2001, meeting.
THE ORDINANCE WAS TABLED ON THE FIRST READING.
REAL AND PERSONAL PROPERTY TAX RATE: An ordinance adopting the real and personal
property tax rates for 2001 for Policemen's Pension and Relief Fund and the Firemen's Pension and
Relief Fund. The rate to be adopted is 0.4 mils for real property and 0.4 mils for personal property.
There is no millage proposed for general government operations. The ordinance was tabled on the
third reading at the October 16, 2001, meeting.
City Council Minutes
December 4, 2001
Page 4
Ms. Cheryl Zotti, Roll -Off, stated the most challenging thing for the city right now was going to he
these existing contracts. They were at least three years out. They had done their research, because
they were the newest of the three. They have been to every industry that had these types of
containers. 'l'hey know the exact date that they would expire. What few they did have in Fayetteville
had a three year contract with a three year renewal. That would be challenging for them. In general,
municipalities did not provide their own waste service. It was not a normal thing for a city to be
doing what they were doing anyway. Industrial accounts, she did not agree that the profit margin
was as great as it has been presented. It was more expensive to get into. The trucks were more
expensive, the containers were more expensive. Capital wise, it would be expensive for a city to
break into that. her company had an open construction and demolition debris recycling facility.
They placed over twelve hundred construction boxes per month through out northwest Arkansas and
the four county area.
Alderman Santos stated the city attorney had sent a memo and the way he read it was that the
existing contract were not valid because of this ordinance.
Mr. Williams stated they could be considered invalid or unenforceable. The normal rule was that
if a contract was in violation of the law, then it was not enforceable. They had not been actively
enforcing this ordinance, but that did not mean that it was not the law. lie thought the solid waste
division was not seeking to apply the ordinance. It would not be something that the city would do.
It would be the customer. The litigation would be between the trash hauler and their customer.
Alderman Santos moved to approve the resolution. Alderman Jordan seconded the motion.
Upon roll call the motion carried unanimously.
RESOLUTION 164-01 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
OLD BUSINESS
RZN 01-17.00: An ordinance approving rezoning request RZN 01-17.00 as submitted by Cynthia
Beard and Williams M. Center for property located on the southeast comer of 15`h Street and
Beechwood Avenue. The property is zoned I-1, Heavy Commercial/Light Industrial and contains
approximately 12.13 acres. The request is rezone to R-2, Medium Density Residential. The
ordinance was left on the first reading at the October 16, 2001, meeting left on the second reading
then tabled at the November 6, 2001 meeting.
Alderman Santos moved to bring the item off the table. Alderman Trumbo seconded the
motion. Upon roll call the motion carried unanimously.
Alderman Trumbo moved to suspend the rules and move to the third reading. Alderman
Davis seconded the motion. Upon roll call the motion carried unanimously.
City Council Minutes
December 4, 2001
Page 5
Mr. Williams read the ordinance for the third and final time.
Alderman Jordan stated there had been a petition brought before the city council. The council had
supported a meeting between the developers and the neighbors. The meeting had been very positive
and well attended. Some of the issues that had been brought to his attention were the flooding,
traffic, and the size of the what was going to be put in there. He asked how they would plan to keep
the property from flooding?
Mr. Chris Parton, Crafton Tull and Assocates, presented a map illustrating the proposed detention
basins. The purpose of the detention basins was to keep down stream property from flooding. The
water would run into the detention basin, then allowed to run off at a very slow rate. Equal to or less
than the amount that was leaving the site before it was developed.
Alderman Jordan asked when they would do a traffic study.
Mr. Tim Conklin, Planning Director, stated if they were going to do a traffic study to determine what
off site improvements were going to be needed, the developer would hire a consultant and pay for
that consultant to do the traffic study. What the city would do was run some numbers from the
software and come up with some numbers of the traffic that would be generated. With regard to
recommendation, the developer would then pay for that recommended improvement.
Alderman Jordan asked if they would be responsible for the public trails and the amenities along the
creek corridor.
Mr. McClard stated that had been discussed during the meeting. If they buy the property, they have
agreed to develop a trail and plaque area. They thought it was important from a marketing point for
the project. They would put up some picnic tables and maintain it. They had offered to develop the
trail and to provide the land for the park. There were some financing issues. Their hope was that
it could be dedicated to the city, ifthe city wanted it. The city can then maintain it. They could work
those issues out at large scale. They would have to clean up some along the trail, but their intention
was to leave the buffer zone.
Alderman Jordan asked if they bought the property would they be willing to offer a bill of assurance
that they would do that.
Mr. McClard replied, he thought so. Once they owned the property, then they could sit down and
go through these issues before they went into large scale development. That way they could just
build it into the project.
Ms. Donna Bawling, Eighteenth Street, asked how the trails and ponds were going to be maintained.
There was currently a very bad odor coming from the detention pond a the University.
City Council Minutes
December 4, 2001
Page 6
Mayor Coody stated if it was city owned it would be maintained by the city. ]fit was privately
owned it would be maintained privately.
Mr. Chris Parton stated that was correct. The detention ponds were constructed such that a concrete
channel was installed in the bottom so no standing water remains within the pond. They empty out
within a matter of hours after the storm.
Alderman'l'hiel noted the detention ponds would be maintained by the property owner and not the
city.
Alderman Trumbo stated he was going to abstain because they work for the same company, but it
was a separate corporation and his firm would not profit from this, so he was going to go ahead and
vote.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed by a vote
of 7-1-0, Zurcher voting nay.
ORDINANCE 4351 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
RZN 01-18.00: An ordinance approving rezoning request RZN 01-18.00 as submitted by Bill
McClard of Lindsey and Associates on behalf of Cynthia Beard and William M. Center for property
located on the Southwest corner of 15' Street and Beechwood Avenue. The property is zoned 1-1,
Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The request is to
rezone to R-2, Medium Density Residential. The ordinance was left on the first reading at the
October 16, 2001, meeting and tabled at the November 6, 2001 meeting.
Alderman Young moved to bring the item off the table. Alderman Trumbo seconded the
motion. Upon roll call the motion carried unanimously.
Alderman Trumbo moved to suspend the rules and move to the second reading. Alderman
Davis seconded the motion. Upon roll call the motion carried 6-2-0. Jordan and Zurcher
voting nay.
Mr. Williams read the ordinance.
Alderman Santos moved to suspend the rules and move to the third and final reading.
Alderman Jordan seconded. Upon roll call the motion carried 7-1-0. Zurcher voting nay.
Mr. Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed by a vote
City Council Minutes
December 4, 2001
Page 7
of 7-1-0, Zurcher voting nay.
ORDINANCE 4352 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
RZN 01-19.00: An ordinance approving rezoning request RZN 01-19.00 as submitted by Bill
McClard of Lindsey and Associates on behalf of Cynthia Beard and William M. Center for property
located south of 15t° Street between Beechwood Avenue and Razorback Road. The property is zoned
I-1, Heavy Commercial/Light Industrial and contains approximately 9.86 acres. The request is to
rezone to C-2, Thoroughfare Commercial. The ordinance was left on the first reading at the October
16, 2001, meeting and tabled at the November 6, 2001 meeting.
Alderman Young moved to take the item off the table. Alderman Davis seconded the motion.
Upon roll call the motion carried unanimously.
Alderman Santos moved to suspend the rules and go to the second reading. Alderman Davis
seconded the motion. Upon roll call the motion carried unanimously.
Mr. Williams read the ordinance.
Alderman Davis moved to suspend the rules and go to the third and final reading. Alderman
Jordan seconded. Upon roll call the motion carried by a vote of 7-1-0. Zurcher voting nay.
Mr. Williams read the ordinance.
Mayor Coody asked shall the ordinance pass. Upon roll call the motion carried by a vote of
7-1-0, Zurcher voting nay. .
ORDINANCE 4353. AS RECORDED IN THE OFFICE OF THE CITY CLERK.
ANX 01-4.00: An ordinance approving annexation request ANX 01-4.00 as submitted by Dave
Jorgensen of Jorgensen and Associates on behalf of Mark Foster for property owned by Eugene
Nottenkamper and Anthony Turchi and located north of Wedington Drive on the east side of 51"
Street. The request is to annex into the city approximately 30.99 acres located in the Planning Area.
The ordinance was left on the first reading at the November 20, 2001 meeting.
Alderman Young moved to suspend
the
rules and move to the
second reading. Alderman
Jordan seconded the motion. Upon
roll
call the motion carried
unanimously.
Mr. Williams read the ordinance for the second time.
Alderman Jordan stated he was concerned about the fire protection out west. People were concerned
FAYETTEVItLE S
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman 04
City Clerk Division
Date: July 18, 2003
Re: Ord. 4501
Attached please find an executed copy of the above referenced ordinance passed by City
Council, July 15, 2003 approving RZN 03-19.00 rezoning petition submitted by Jerry Kelso on
behalf of Tom Broyles property on Beechwood Avenue south of 151h Street. The original
ordinance will be recorded in the city clerk's office, recorded at the circuit clerk's office and
microfilmed.
If anything else is needed please let the city clerk's office know.
/cbp
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
r
ORDINANCE NO. 4501
AN ORDINANCE RLONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 03-19.00 AS SUBMITTED BY
JERRY KELSO ON BEHALF OF TOM BROYLES FOR
PROPERTY LOCATED EAST OF BEC-CHWODD A VENUE
SOUTH OF 15TH STREET MOVING THE CURRENT ZONING ��v
�ww JJ yow ,w
LINE TO A NEW CONFIGURATION WITH THE SUBJECT City Fayetteville
PROPERTY BEING R-2, MEDIUM DENSITY RESIDENTIAL
BE TT ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYEI TEVII IE. ARKANSAS:
Section 1: vie zo% daSslllraaon of the foiov.Lg described property Is hereby changed as folows:
I� From C-2, Thoroughfare CorymmlerciSS, to R-2, Medum Density Rosldentiel. as shown In Ed tt'A'
1, attached hereto and made a part hereof.
•
SecThat
ton 2. at the official zdnin9�map of the City of Fayetteville, Aransas, Is hereby
amended to reflect the zoning change provided In Section 1 above.
PASSED and APPROVED the the 15tht day of Jul, 2003.
APPROVED:
• O GOODY Mayor
ATTEST
By
Sonde Entlth. Cly Clerk
EKHIBIT'A'
RZN 03.19.00
A part of the NW 1/4 of the SE1/4.of Section 20, T -16-N, R -30-W. being mom particularly described as
follows: From the N.E. corner at the NW1/4 of the SE1/4 of said Section 20, thence N87°13'225
464.78 feet:'thence 502°46385 75.95 feat to the center line of a ditch; thence along the center line of
said ditch as lopows: S13°52'53'W 157.39 feet: thence 517'38'29E 138.54 feat: therm SB4'04'53'E
38.47 feat; thence 50011'38'E 104.22 feet to the Point of Beginning: thence SO'11'38'E 89.61 loot;
thence 514'47'OB'E 227.46 feet: thence 530°02'E 82.11 feet to the West right-of-way for Razorback
Road; thence S18'21'12W 85.18 feet; thence ioa*g said right-of-way for Razorback Road N80 00W
• along a creek 160.53 feet: thence N28 -42'27W 82.42 feet; thence N87-11'075 47.00 feat; thence
543°05'3314 42.72 feet; thence 504°20'41'E 38.68 leas; thence 53046235 95.54 feet: hence
630°48'235 43.82 feet: thence 542.18'32 W 60.19 feet: thence SO317W 234.86 feet to a print
on the North ice of Meadow Vale SubdMsion; thence along the North ice of Meadow Vale SuWNkhn
N87OW-34-W 220.24 foot to the NW caner of said SubdMsbn: thence along the East right-of-way of
Aslmood Avenue NO3'26.28 -E 20.00 feet: thence along the North right-of-way of 18th Street
N87°33'13W- 354.43 feet; thence along the East night-ol-way at Arkansas Highway 16 Bypass
N02'11'12'E 845.85 feet; thence 585°3337E 883.18 f%l to 8e Point of Begimbg, conta,Ing 10.68
eta, more or Iowa Washington County, Nkaneay.
AFFIDAVIT OF PUBLICATION'
I, 1JIJJOJ1& 40 solemnly swear that lam
Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
( Q 1 c?V )5Q1 was inserted in the regular editions on
n Iq
Po# c3- l54 --w
** Publication Charge: $ 1 5.0f
Subscribed and sworn to before me this
day of , 2003
C
Notary Public
u�r«cu« Sall
lccuccccc ine of A i ansas ;
Gather
;
My Commission Ex i si,0110tc statecouaty r105
as ,•c
`. MY co mn( «c «accccccccaccc2l
** Please do not pay from
An invoice will be sent.
RECEIVED
JUL 24 2003
CflY OFFAYETTEy1LLE
CLERMS'OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700