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HomeMy WebLinkAboutOrdinance 4502 Jul 01 03 01 : 52p 47044x7717 P- 2 •K./30/2863 19.16 479 2d2 ENGINEERING C. OFIL 'A 92 Ol d%,t a,t/dJA /1SD2 RO N C3'02000 BILL OF ASSURANCE % "- 8411(41 FOR THE CITY OF FAYET"TEVILLE,ARKANSAS In order to attempt to obtain approval of a request for a zoning c t) reclassification, the owner, developer, or buyer of this property. (hereinafter = a CO "Petitioner") American College General Partnership,John Ellis and Torn Broyles. — N General Partners, hereby voluntarily offer this Bill of Assurance and tatter.into =_cc co this binding agreement and contract with the City of Fayetteville,Arkar sas- = a; o» a2 O U Z .- v The Petitioners expressly grant to the City of Fayetteville the ri: tt tv = M>o, Q Q OOr'a enforce any and all of the terms of this Bill of Assurance in the Chancery/ =g°o a> r\ �chf7 W +'U ' Circuit Court of Washington County and agrees that if Petitioners or Petitioners' > O 0 N r �t heirs, assigns,or successors violate any term of this Bill of Assurance, substantial = Ei 1;5 s° 0) irreparable damage justifying injunctive relief has been done to the citizens =- • °°~o� t1 - oo• O> and City of Fayetteville,Arkansas. The Petitioners acknowledge that the •• 1"."-•#�.1 Fayetteville Planning Commission and the Fayetteville City Council will -0 E"0 N ----- ~_O Dat N N reasonably rely upon all of the terms and conditions within this Bill of — U0-4-4 U°' Assurance in considering whether to approve Petitioners'rezoning request. Y°`"3" LL 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_ 1_ The use of Petitioners' property described in Exhibit "A'' attached hereto shall be limited to a density of 480 multi-family dwelling units. 2. Petitioners shall install a traffic signal either at Razorback Road and 15th Street or at Beechwood and 6th Street, whichever is the most appropriate with a revised traffic study being submitted after the re::oning is approved. 3. Petitioners shall dedicate six to seven acres 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 they 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 run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners' Jul vUi u� U1 _ 52p Ti�h� Broyles _- - - 470442.7717 P• 3 06/30/2003 19:16 479-' 3202 ENGINEERING G. PACS 63 (Nal • rezoning is effective and shall be noted on arty Final Plat or Large Scale Development which includes some or all of Petitioners"property_ IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, Tom Broyles and John bilis, General. Partners American College General Partnership, as the owners, developers or buyers (Petitioners)voluntarily offer all such assurances and sign our names below. 1/i 103 J D4It Date Printed Name '/4 Tint bE... et.-€.61 a-‘045 Address Cov-8919&I 3i/V18 Si ture 6-5 ,Atrip,A-5 &Dr." Dat • Printed Name Address 17114tC. 7.42 E4 Sip(ature NOTARY OATH • • STATE OF ARKANSAS COUNTY OF WASHINGTON } • And now on this the . day of ,2003,appeared before me, and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name above_ NOTARY PUBLIC My Commission Expires: • STATE OF TENNESSEE COUNTY OF SHFr BY And now on this the 1st day of July, 2003, appeared before me,, John R. Ellis,, and after being placed upon his oath swore or affirmed that he agreed with the terms of the aboAssurance and signed his name above. • sGomm- S 4-NOTARY 4:-* PUBLIC NCITARYPOBLic AT to s Joy C LARGE �<u,q Yob YEN . _•• Mrd uV EXHIBIT "A" AMERICAN COLLEGE CONSULTANTS BILL OF ASSURANCE A part of the NW1/4 of the SE1/4 of Section 20, T-16-N, R-30-W, being more particularly described as follows: From the N.E. corner of the NW1/4 of the SE1/4 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: 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"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 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°11'07"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°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. Also, A Part of the E1/2 of the NE1/4 of the SW1/4 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 corner of said NE 1/4 of the S W 1/4; Thence S 1°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 26°56'10", 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 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 91°35'10", 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 N87°10'48"W 374.29 feet to the West line of the E1/2 of said NE1/4 of the SW1/4; Thence N2°31'15"E 1263.02 feet to the NW corner of said E1/2 of the NE1/4 of the SW1/4; 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. r Washington County, AR I certify this instrument was filed on 06/24/2019 03:37:57 PM and recorded in Real Estate File Number 201918269 Kyle Sylvester- C rc I:rk by ‘1, 6. ,lf ORDINANCE NO, 4502 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-20.00 AS SUBMITTED 13Y JERRY KELSO ON BEHALF OF TOM BROYLES FOR PROPERTY CONTAINING ABOUT 7.45 ACRES LOCATED EAST OF BEECHWOOD AVENUE SOUTII OP 15 ' " STREET, MOVING THE CURRENT ZONING LINE '110 A NEW CONFIGURATION WITII THE SUBJECT PROPERTY BEING ZONED C-2, THOROUGI IFARE COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVII ,I .F„ ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-2, Medium Density Residential to C-2, Thoroughfare Commercial, as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this the 15'" day of July, 2003 . APPROVED ) By. G ° �%jrr a DAN COODY, Mayo c " vJ`4 il_ t� AFI Sondra Smith, City Clerk I III I I II IIII I I III VIII VIII I VII u II I VIII VIII VIII VIII III II VIII VIII I III II I I Doc ID : 008378880002 Y De : REL Recorded : 08/11/2003 at 8 : 48 : 22 AM Fee Amt : $11 . 00 Pace 1 a 2 Mashinaton Countv . AR Bette StamDs Circuit Clerk File2003-00041705 EXHIBIT "A" RZN 03-20,00 Apart of the NW 1 /4 of the SEI /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 SEI /4 of said Section 20, thence N87° 13'22"W 464.78 feet and thence S02046'38"W 75 .95 feet to the Point of Beginning, said point being on the South right-of-way for 15th Street in the center line ora 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 S64004'53"E 36.47 feet; thence SO* 11 '38"F, 104.22 feet; thence N85°33'37"W 863. 18 feet to a point on the cast right-of-way line of Arkansas Highway 16 Bypass; thence along the east right-of-way of Arkansas Highway 16 Bypass N0201 I ' 12"E 157.09 feet; thence Northeasterly along a 246.50 foot radius curve to the right a distance of 389. 10 feet, the long chord of which bears N47°24'25"E 349.94 feet; thence S87022'48"E 464.50 feet; thence S02°37' 12"W 30.00 feet; thence S87°22'48"E 97.06 feet to the Point of Beginning, containing 7.45 acres, more or less, Washington County, Arkansas. Washington County, AR I certify this instrument was filed on 08/11/2003 08:48:22 AM and recorded in Real Estate File Number 2003-00041705 Bette tamps - Circuit Clerk by F — — - - - - - - - 47044 7 ] 7 P . 2 Jul 01 03 01 : 52F Ti Hrolrles 86/ 38/2883 19: 16 479 202 EN6INMIM C. P&GE 82 a 42 R,703-4"2�0 4,0/0 BILL OF ASSURANCE FOR TFL& Cl'rY OF FAYEfTEVILM ARKANSAS In order to attempt to obtain approval of a request for a zoning redasstiicatiort, the owner, developer• or buyer of this property, (hereinafter "Petitioner") American College General PVtoershtps John Ellis and Torn Broyles. General Partners, hereby voluntarily offer this Sill of Assurance and anger -into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioners expressly grant to the City of Fayetteville the ni:;t to enforce any and all of the terms of this Bill of Assuranoe in the Cham&ty Circuit Court of Washington County and agrees that if Petitioners or Petitioners' hears, assigns, or successors violate any term of this Bill of Assurance. substantial irreparable dazwage justifying injunctive relief has been done to the cbizens and City of Fayetteville, Arkansas. The Petitioners acknowledge that the Fayetteville Planning ComadEmon and the Fayettevgle City Council wil l reasonably rely upon all of the tends and conditions within this BHI of Assurance in considering whether to approve petitioners rezoning request. 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- 1- The use of Petitioners' property described in Exhibit 'A" attached hereto shall be limited to a density of 480 multi-family dwelling units. 2. Petitioners shall install a traffic signal either at Razorback Road and 15111 Street or at Beechwood and 60, Street, whichever is the most appropriate with a revised traffic study being submitted after the m:oning is approved- 3_ Petitioners shall dedicate six to seven acres fro 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 tlu! City of Fayetteville prior to development of subject property. 4- Petitioners shall provide storm water detendon as required bpi the City of Fayetteville Drainage Criteria Manual. Petitioners specifically agree that all such restrictions and terms shall run with the land and bind all Future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners' Jul U1 U3 ulos2r Ti %Vj& BraAIVS 4704427717 P43 06/30/ 2883 19: 16 479- 02 ENCINEERING C� PAM e3 rezoning is effective and shall be noted on any Final Plat or I, lrge Scale Development which includes some or all of Petitioners' property. lNT WTINESS WHEREOF and in agreement with all the teras and conditions stated above, we, Tom Broyles and John bilis, General. Partners American College General Partnership, as the owners, developers or buyers (Petitioners) voluntarily offer all such assurances and sign our names below- r( '1 03 J ww Q •k h�S Date Printed Name �� jV/p r1IMUch a4ek �/� R Com``' Address T+V 3 spa I $ Co ad ergs i S' tura Dat Printed Name / Gey c1 Address NOTARY OATH STATE OF ARKANSAS } COUNTY OF WASHINGTON ) And now on this the � day of 2o03, appeand before and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and.signed his name above_ NOTARY PUBLIC My Commission Expires: STATE CF TE m=EE OOlm OF SBELBy And now on this the 1st day of July, 2003, appeared before mU,, John R . Ellis,, and after being placed upon his oath swore oc affirmed that he agreed with the terms of the Assurance and signed his name above, •f��p ^'O�S' �yNUTAW Q ► y _ PUBLIC NOTARYPUBLIC AT ` � LAS 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. corner of the NW 1 /4 of the SE1 /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: S13 °52'53 "W 157.39 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 S1404710611E 227.46 feet; thence S30002'F. 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° 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 S4201 8'32"W 60. 19 feet; thence S03'00' 1 7W 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 comer of said Subdivision; thence along the East right-of-way of Ashwood Avenue NO3°26'28"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° 11 ' 12"E 845 .65 feet; thence S85033 ' 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 F. 1 /2 of the NEIA 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 corner of said NEIA of the SWIA; 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 S15039' 17W 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 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 N87010'48 "W 374.29 feet to the West line of the EI /2 of said NEIA of the SWIA ; Thence N2"31 ' 15 "E 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. 4502 w/Ex. A & Bill of Assurance CROSS REFERENCE: Item # Date Document 1 06/13/03 Staff Review Form w/attachments draft ordinance memo to Mayor/City Council Grafton & Tull letter to Tim Conklin Fire Marshal's memo to planning division memo to Hoyt, Bosch, Boettcher, Casey, & Libertini memo to Hoyt, Bosch, Boettcher, Casey, & Libertini Close up View One Mile View Future Landuse copy of minutes re: RZN 03-20. 00 copy of staff review form placeholder memo to Mayor/City Council 2 07/18/03 Imerno to Dawn Warrick 3 07/19/03 lAffidavit of Publication NOTES: 8/11 /2003 filed with the Washington County Circuit Clerk STAI,F RL411W FORM - NON-FINANCIAL OBI . jATION -7J . 103 x AGIiNDA REQUEST De D -7/ / s N3 For the Fayetteville City Council Meeting of: July 1 , 2003 L/54oL� 3)N/ FROM : Dawn Warrick Planning CP&F. Name Division Department ACTION REQUIRED: Ordinance Approval SUMMARY EXPLANATION : RZN 03-20.00 was submitted by Crafton, 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 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 . STAFF RECOMMENDATION : Approval . � /& I r14 l�L w , l Received in Mayor's Office Div sion Ileal at Date e�� P � �� c3 City Atto ey / 1 ate / i- d S Cross Reference : Department Director Date Previous Ord/Res4 : Vnance & Internal Services Dir. Date Orig. Contract Date : D Orig. Contract Number: Chief dptinistrati c Ofi;er Date New Item : Yes No Mayor `' Date ORDINANCE. NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 03-20.00 AS SUBMITTED BY JERRY KELSO ON BEHALF OF TOM BROYLES FOR PROPERTY LOCATED FAST OF BEECHWOOD AVENUE SOUTH OF 151 " STREET, MOVING THE CURRENT ZONING LINE TO A NEW CONFIGURATION WITH THE SUBJECT PROPERTY BEING ZONED C-2, THOROUGHFARE COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-2, Medium Density Residential to C-2, Thoroughfare Commercial, as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this day of , 2003. APPROVED: By: DAN COODY, Mayor ATTEST: By: Sondra Smith, City Clerk FAYETTEPILLE CC Meeting of ,Tuly 1 , 2003 4Il li: UH Y OF FAYE:I-I EV ILLS, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (501 ) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM : Dawn Warrick, AICD, Zoning & Development Administrator THRIJ : Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs. DATE: lune 13, 2003 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 15'h 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. BACKGROUND The subject property is currently vacant and is located on the south side of 15'h 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) ol' 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 15'h Street and 14.66 acres of residential property south of that area. CURRENTSTATUS 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 IREPOR'LS12003CC' REPORTSVUL Y MF,ETLNC,SUUN03-20 RROYLES C'C' MEMO.DOC EXHIBIT "A" RZN 03-20.00 Apart of the NW 1 /4 of the S1E1 /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 SE 1 /4 of said Section 20, thence N87° 13'22"W 464.78 feet and thence S02°46'38"W 75 .95 feet to the Point of Beginning, said point being on the South right-of-way for 15th Street in the center line of a ditch; thence along the center line of said ditch as follows: Sl 3'52'53 "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; thence N85°33'37"W 863 . 18 feet to a point on the cast right-of way line of Arkansas I lighway 16 Bypass; thence along the east right-of-way of Arkansas Highway 16 Bypass N0201 1 ' 12 " 1 ? 157.09 feet, thence Northeasterly along a 246.50 foot radius curve to the right a distance of 389. 10 feet, the long chord of which bears N47°24'25"E 349.94 feet; thence S87022'48"E 464 .50 feet; thence S02'37' 1 2"W 30.00 feet; thence S87°22'48"E 97.06 feet to the Point of Beginning, containing 7.45 acres, more or less, Washington County, Arkansas. ft 40 FAYETTEVILLE PC Meeting of June 9, 2003 THE CITY OF FAYETTEVILLE, 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, AICP TI IRU : Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE..: June 9, 2003 }RZN..03-49,(10; 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 150i 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. UZN 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 15`x' 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. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: June 9, 2003 CITY COUNCII. ACTION: Required YES O Approved O Denied Date: July 1 , 2003 (1 °t reading if recommended) K:Vteporft0V 1PC RFP0RT5106-091zn03-19 & 10_broyles.do a as BACKGROUND: The subject property is currently vacant and is located on the south side of 15t' 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 15t' Street and just recently the southeast comer 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 cast 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-2 acreage 12.13 14.66 C-2 acreage 9.86 7.45 Totals 21.99 22.11 K: IReports110031PC RFPORTW6-094zn03-19 & 20_broyles.doc a SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Baum Baseball Stadium / Tyson Indoor Track Complex I-1, Heavy Commercial & Lt Industrial South Vacant R-2, Medium Density Residential C-2, Thoroughfare Commercial Vacant I-1, Heavy Commercial & Lt Industrial _East 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 cast and south and a 10" line along Beechwood Avenue to the west. Fire: 1.0 miles from Fire Station #6. Normal driving time 1 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. tRepurtst2003tPC REPOR7S06-094zn03-t 9 & 20 bro}les.doc N 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. 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 15`h Street for commercial frontage while providing residential uses south of that area with additional access from Beechwood Ave. 3. 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 Bcechwood and 15`h 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: IRepor,sI20031PC REPOR7SI06-091zn03-19 & 20_bro/les.doc a a 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 X:V7epore120031PC R!:'PORTh106-09 rzn03-/ 9.F 20_broyles.doc Crafton, Tull &�►ssociates, 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 113W. Mountain Fayetteville, AR 72703 RE: Proposed Rezoning Request On behalf of Tom Broyles Beechwood Avenue and 15th Street CIA Job No. 031016-00 Dear Tim: RECEI\" D MAY 1 9 2003 PLANNING DIV. This is a proposed rezoning request for Tom Broyles, located at the southeast corner of 15t 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 15th 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. r chit e c t s Engineers & Surveyors It is more desirable to have commercial along l5" 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, R1-^C1VED Crafton, Tull & Associates, Inc. ,/'Je4 Kelso, P.E. Vice President Attachment: M�•'� 1 9 2003 PLAiJi+.iillu DIV. FAYETTEVILLE RECEIVED FIRE MARSHAL'S OFFICE JUN 0 3 2003 PLANNING DIV. THE CITY OF FAYETTEVILLE, ARKANSAS From: Fire Prevention Bureau To: Planning Division Date pG—o3-03 REZONING ✓ ANNEXATION ._ REZONING # O3 -/9•0o OWNERS/r. -ANNE N# 7.7 OWNER aj eq, LOCATION OF PROPERTY ,6FTPrlo%N ST E% It/���" �° _._.... NEAREST FIRE STATION AND LOCATION 2itl ST.9/tmG - RESPONSE TIME FROM FIRE STATION # _TO LOCATION OF PROPERTY / MINUTES �� SECONDS. TRAVEL MILES FROM FIRE STATION # !o TO LOCATION OF PROPERTY f m /t COMMENTS ON FIRE DEPT. ACCESS/ROADWAYS t&Zdk � EXISTING FIRE HYDRANTS? IF SO LOCATION WATER SUPPLY WITH HYDRANtS/ !� NEEDED?� t 'L41 1 zdt&t ADDITIONAL COMMENTS.. MAIN OFFICE SUBSTATION 115 SOUTH CHURCH ST. N.W.A. MALL (501) 444-3448/(501) 444-3449 (501) 575-8271 AX (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 Libertine, 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-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: IPROJEC751RELONING5106-09-03R?N facility as well as redevel9t of the site. 00 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. R7•N 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 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 15th Street. 7I\ 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: IPROJEC RFZONINGSI0h-09-03RZN The property currently hss to a 6" water line on Ashwoo and an 8" line on Razorback Road. There i a 12" waterline nearby at the int 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 15th 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 01• 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 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 15th 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: WROJ6'C7SREZONING.106-09-03R7N 6. ANX 02-01.10 AnnexalJarrison, PP 256) was submittedItiroe 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 he 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.IPRGJF,C731RFZGN/NG5106-09-03RZN N FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPO. TO: Rick Hoyt, Police Chief Chris Bosch, Fire Chief Greg Boettcher, Water & Matt Casey, Staff Engineer --Paul Libertini, Staff Engineer FROM: Dawn Warrick, AICP, Zoning & Development Administrator DATE: June 1 2003 Wastewater Director 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 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 -I, 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:IDOCIJMEN73'AND SETTINGSIDWARRICKILOCAL SEMT/NGSITEMP106-09-03RZNPAUL.DOC 00 00 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 approximatelyl8.35 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. I•15th Street, Beechwood Avenue & 18`s Street are collector streets which border the subject property. The streets may need left turn lanes added to accommodate the s(\ 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. • 15`s 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 .SETTINGSIDWARRICKV.00AL SETTINGSITEMPI06-09-03RZNPAUL.DOC Is a L 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 I.ibertini, P.E. Department Engineering C: IDOCUMEN7S AND SE! IINGSIDWARRICKILOCAL SLTTINGSITEMP106-09-03KZNPAUL. DOC :i:1• RZN03-20.00 B ROYL ES One Mile View \Y�k goo o pvArF UR R-1 R-1 MParx+w s -p 1-2 aj9♦•lef' R_3 : -..y el cuC-2 , oo R-1 ... <. ,i3 SALS4, ; 1 R-3 , !.♦••a•ee•♦j•• x(RusHla sr a u� P4R-••� R R-3 �.. • > R-2 wt R•3 R-2 1M�int gt - v v ♦ P-1 0,.-. - . <. �; 4S R-2 R-2 i4$4 J9'Y47t', R-3 ] . _ .. psrDNe srsr�+sT, W R-2 ...! i J. y1 J•y°. <. ME- - ._ •.. 1 -.- _ P1 Sfl)N5E _ Y U < u R-2. 4¢� PRIVnII Dli y a w D •w 'c P_g, m - Yt MITCHELL ST F 2 ,:R-3 I-1 ♦��i e i C 2 :.... R-2 r P-1 R-9 •<' •. IhNI 'J°1 ` OLD F° MINrJTON RU %.-_5111 e1 +-.-C..6 1fl `+—MM""'•t- el-li T I -'I t;1j` J 1'" AAu. _ca._- -Q ° C-2• 1 IMUTAN15lt` INDIAN TnL • Pw.Mw<y� DR R_Q R-2 1_{i I•C-2 C-2 i> C°b, :.� 51DURa .L OP PRIVATE DWervArF • C C R _ 12 1 °` R3 •t, Al R-1 9 6 N I. • 1-1 Go o 11 I-1 ') I-1 RrIlrvArE Dq •j .'�� .. PRIVA IF OR - ? .. n ei � 3 1•RIVAIL DR • R{2 '�. ' C_2 _ I w o° 1 i sA-f <' 1 . �FRIVAst • z w. -2 I, %' K r)157H s*� o 4. • 1-2 19 I21H.s{ R-2 R- � R-2 'I' 1 j.\ \ ° RRmAre DR �<< - _ VSd 13rMSSt '�`w A R-1.5oy I- _ SUBJECT PROPERTY R_2 y• �' gC0 of xf hl < 1 ♦ <'1StiTr'"'a 5 R_2 .,1 R-2 4M3r LL R-2 3 -2! o lPy ° a R1 o RH4 \ ,ti 1C Low BTH o"N 1R. R e1� c \ L.C-1 SIN 'R-2 1 r.. \ I :R-2 survrHAst pr I. 14 N I7 o ° R-2 I a °i 1 ." j AETTIGREW 1 fR_2• A 1 AR!VlWN1.AD siR-2k ' Y,s*Hs 0 1 p� R2 ° < > ' rtN' n% m - R 1 W R1 g a° ATE 0 O 1 c Q. C-2 jv'e4�i1(�t'� 4 I Fs V ..c I-1 i to Z<_>>W W P .12ND I RIP c�1 1_1 w . (DEMUR _.W $ T N. 5/ wc 'so n V1 • c° 5YF DN 7 ..≥R-1 C1 'nt(` e. Lb '.�0oWFLL D o o1A-�V c 1 DRENA W 5 C2 • C-2 __ff�' IRFat Sr' k U R-2 "T . 414 sl, eA C �j. C- 24TH ST 1 u �:f. A1 C 2 - `°o R-2 1$ 1-2 A' j ♦ 'o°u°o z C- L c aQ , °° - . CLYDESDAIt DR R- P. ' I °`o A_l! `'� °°o°9 I-1 HOPS o ti Overview Legend ndary Subject Property BouMaster Street Plan RZN09Q0.00 -�N-.r Planning Area ��FrA♦wr/rF.�ruswry cocoa Overlay District ' IAA Prinollel ANerl♦I � Streets r'—�I • �4M. MMAaMS . ❑ Edrm . q L _ I C' Limits ` . GdMcmr -.' il'�ir ';;iy;;.Pw.. Outside City •••• MisbNc ceE♦rmr 0 0.1 0.2 0.4 0.6 0.Miles +r a RZNO BROYLES ES Future Landuse • 1:' ________________________________________________________________________________________________ .;4 Future Landuse . . •v . .. .. .. :.... ..... . .. . Parks �__=• . Private Open Space Residential _ __ - - -:: _ l. . ... .. edU so i f iNI Community Commercial _ .. _ _ _ _ . .. .j .. ---- I 'I :... .. .. _' .. " I \fit Neighborhood Commercial Regional Commercial . - _ - .. .. .. ... l us rial . .J .---.-.---- / .. .. .. .. / . N hive 'N`l )verview .. , Legend f' L Subject Property Streets Boundary 4 e—' RZN0d-20,00 r. 6dsdng '.'_, Planning Area , --� ,', Planned o R Overlay District City Limits _ _I 4 Planning Commission S S June 9, 2003 Page 20 RZN 03-20.00: Rezoning (Broyles, PP 599) was submitted by Crallon, Tull and Associates on behalf of Tom Broyles for property located cast 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 C-2. hoover: On to item number nine, RZN 03-20, the companion item. Dawn, do you want to address this? Warrick: I don't really have anything in addition. I tried to address them both together. If you have any questions I will he happy to answer them. I loover: Ok. Does the applicant have anything to add to this one'? Kelso: The same as the last one. hoover: Thank you. Is there any member of the audience that would like to address this RZN 03-20? Seeing none, I will bring it back to the Commissioners. MOTION: Hstes: To complete the applicant's zoning configuration, I would move for approval of RZN 03-20.00 fin -warding it to the City Council for their consideration as with the rezoning request RZN 03-19. I hoover: I have a motion by Commissioner Estes. Shackelford: Second. Iloover: A second by Commissioner Shackelford. Is there any more discussion? Renee, will you call the roll please? Roll Call: Upon the completion of roll call the motion to forward RZN 03-20.00 to the City Council was approved by a vote of 9-0-0. Thomas: The motion carries nine to zero. FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: July 18, 2003 Re: Ord. 4502 Attached please find an executed copy of the above referenced ordinance passed by City Council, July 15, 2003 approving RZN 03-20.00 rezoning petition submitted by Jerry Kelso on behalf of Tom Broyles. 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. Icbp cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering AFFIDAVIT OF PUBLICATION 1, , do solemnly swear that I am 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: ('*IILJlOJY.JS was inserted in the regular editions on Po# n 3- CrmK4-wi RECEIVED " Publication Charge: $ I I ! . I Q. JUL 24 2003 CITY OF FAYETTEVILLE Subscribed and sworn to before me this crncLERK'soFFlCE �A day of Qir xLt 2003. I ORDINANCE NO. 4502 �///��� - /I AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN a O^�A /r(,�(//(/` ° REZONING Pull ION RZN 03-20.00 AS SUBMLLTED RY // JERRY KELSO ON BEHALF OF TOM BROYLES FOR PROPERTY NING.Notary Public r[rrrurr`r[[reTH OF 15Th STREET. Sa11 c[[[[rr' ° MO'1NG THE CURRENT ETES LADJ EAST OF BEECI-m000 H�NG LINE 745 ROPERTV BEING NEW C of Fa Ile r[rr[[ a�her>II of ATkansas , 1 ZONED C-2, T OROUGHFARE COMMERCIAL. My Commis`3ion E p�re`SC r BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OFFAYETEVILLE,ARKANSAS: >4t NOtVVOs�no xP1T CSOCccccccc ; Section 1: That the za» aas,4r¢anon of the foownrg tlmmbm woaeM IS hereby ctwi9eU as fouows: MY covil CCCCCC`cccc From R-2, Me61m Dec ty Residential to C-2. Thoreghtae Commerdel. as shown In E4Ybit -A' r�,CCC attached hereto and trade a Pan hereof. " Please do no4.paVIlom Affidavit. SecUon2. That the ofsdalzonirg mop of the City of FeYehBWle, ANar'SaI Is hereby anended to reflect An invoice will be sent. the zoning change provided n Section 1aboae. PASSED and APPROVED the the 15th day of Juy, 2003. APPROVED: By: DAN COODY. Mayor ATTEST: BY Sondra SMM. City Clerk SG1IBR'A" RZN 03-20.00 the ?l/4 of the SE1/4 of Section 20. T -16-N, R -30-W. being mere particiAay described as From the N.E. corner of the WW1/4 of the SE1/4 of said Section 20, thence NB7.13.22W •t and thence S02°4638'W 75.95 feet to the Pant of Beginning, said pant being an the South ray for 15th Street in the center line of a ditch; thence along the center Ime of said ditch as 513°5253'W 157.39 feet; thence 517°3829-E 138.54 feet; thence $64°0453E 36.47 feel 0°11.3B -E 104.22 feet; thence N85*3337'W 883.18 feet to a pan on the east rlgMof-way kkansas Highway 16 Bypass; thence Sang the east dyitof-way of Arkaraas HlpMmy 16 402°11-12-E 157.09 feet; thence Northeasterly along a 246.50 foot radius amore to the right a of 389.10 feet, the long chord of which bears N4P24'25-E 349.94 feet: thence S87°2248 -E set; thence 502`3712W 30.00 feet; thence S87°2248 -E 97.06 feet to the Point of Beginning, 9 7.45 acres. more or less, Washi gton County, Arkansas. 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-