HomeMy WebLinkAboutOrdinance 4570ORDINANCE NO. 4570
AN ORDINANCE ESTABLISHING AN INDUSTRIAL
PLANNED ZONING DISTRICT TITLED I-PZD 04-05.00
LOCATED AT 2314 W. 6T" STREET CONTAINING
APPROXIMATELY 8.457 ACRES, MORE OR LESS;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED INDUSTRIAL DEVELOPMENT PLAN AS
APPROVED BY THE PLANNING COMMISSION
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 I-PZD 04-05.00
as shown in Exhibit "A" attached hereto and made a part hereof.
Section 2: That the change in zoning classification is based upon the approved
development plan and development standards as shown on the plat and approved by the
Planning Commission on April 12, 2004.
Section 3: That this ordinance shall take affect and be in full force at such time as
all of the requirements of the development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
By:
PASSED ,anT#r,R#9VED this 4m day of May, 2004.
,Gv� ,....; joG.
�• , G�� Y O,c' •.
;FAYETTEVILLE•
SMITH, City Clerk
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIII
Doc ID: 007275550002 Tvoe: REL
Recorded: 05/21/2004 at 08:24:30 AM
Fee Amt: $11.00 Paae 1 of 2
Washlnaton Countv. AR
Bette Stamos Circuit Clerk
F11e2004-00019673
0
EXHIBIT "A"
I-PZD 04-05.00
A PART OF THE NW '/4 OF THE NW '/4 OF SECTION 20, TOWNSHIP 16 NORTH,
RANGE 30 WEST, BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW '/4 OF THE NW '/4 OF
SECTION 20; THENCE S02°51' 14"W 5.00 FEET TO THE POINT OF BEGINNING:
THENCE ALONG THE SOUTH RIGHT OF WAY OF OLD FARMINGTON ROADS
THENCE ALONG THE SOUTH RIGHT OF WAY OF OLD FARMINGTON ROAD,
SAID LINE BEING A PERPENDICULAR DISTANCE OF 5.00 FEET SOUTH AND
PARALLEL WITH THE NORTHERN BOUNDARY OF SAID SECTION 20, 86046'00"E,
700.79 FEET TO A CHISELED `X% THENCE LEAVING SAID RIGHT OF WAY
S03003341"W, 524.35 FEET, SAID POINT OF BEING ON THE EXISTING NORTH
RIGHT OF WAY OF U.S. HIGHWAY 62, ALSO KNOWN AS SIXTH STREET, SAID
POINT BEING A POINT ON CURVE TO THE RIGHT WITH A CORD BEARING AND
DISTANCE OF S71039'56"W 197.89 FEET; THENCE CONTINUING WITH SAID
RIGHT OF WAY ALONG SAID CURVE HAVING A RADIUS OF 1392.39 FEET AND
DELTA ANGLE OF 08009'00" AN ARC DISTANCE OF 198.06 FEET; THENCE
S74024'5559W 64.20 FEET; THENCE S85°13'56"W, 53.60 FEET TO FOUND IRON PIN;
THENCE LEAVING SAID RIGHT OF WAY N02033'50"W, 178.24 FEET TO A
RAILROAD SPIKE; THENCE N86°43'59"W, 225.13 FEET TO FOUND IRON PIN;
THENCE S02033' 52"W 210.06'FEET TO A FOUND IRON PIN ON THE NORTH RIGHT
OF WAY OF U.S. HIGHWAY 62; THENCE ALONG SAID RIGHT OF WAY
S87027'3299W 7.44 FEET TO THE NORTHEASTERLY RIGHT OF WAY OF FUTRALL
DRIVE SAID POINT OF BEING A RIGHT OF WAY MARKER AND FOUND IRON
PEN. THENCE ALONG SAID NORTHEASTERLY RIGHT OF WAY N29046'37W
311.47 FEET TO A POINT ON THE WEST LINE OF SAID SECTION, SAID POINT
BEING A SET IRON PIN; THENCE ALONG SAID SECTION LINE NO2°51' 14"E, 396.54
FEET TO THE POINT OF BEGINNING, CONTAINING 8.457 ACRES, MORE OR LESS.
Washin9tcn county, AR
as filed on
1 certify this 105,24 eal Estate
30 W
0512112004
and recorded in R
File Number 200400I C erk
Bette Stamps'
by
L-1
NAME OF FILE: Ordinance No. 4570
wlEx. A
CROSS REFERENCE:
Item # Date Document
1
04/12/04
memo to mayor & city council
2
draft ordinance
3
04/07/04
memo to Planning Commission
4
copy of city code
5
01/29/04
letter to planning
6
01/12/04
letter to Clarence Lisle
7
copy of Close Up View
6
copy of One Mile View
9
copy of Future Land Use
10
04/12/04
copy of Planning Commission minutes
11
04/20/04
Staff Review Form
12
05/12/04
memo to Dawn Warrick
13
05/13/04
jAffidavit of Publication
NOTES:
O /NND
• City CouncReeting of May 04, 2004 5/7 4ys
7
Agenda Item Number
a ar/
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administratocl
Date: April 12, 2004 ���
Subject: Industrial Planned Zoning District for Wal-Mart Optical Lab (I-PZD 04-05.00)
Planning Staff recommends approval of an ordinance creating an Industrial Planned
Zoning District (I-PZD) for Wal-Mart Optical Lab. This action will establish a unique
zoning district and approve a Large Scale Development plan for a 979 SF addition and a
rehabilitation of the existing parking lot at the existing Wal-Mart Optical Lab facility.
BACKGROUND
The applicant proposes to expand the Wal-Mart Optical Lab, located at the northeast
corner of 6`s Street and Futrall Drive, by 979 square feet to facilitate a new piece of
machinery. This property is currently zoned C-2, Thoroughfare Commercial, and lies
within the Design Overlay District. The existing use, which began in the mid- 1990s, is
not permitted by right, nor by conditional use, in this zoning district. Staff is not in favor
of recommending a general rezoning to an Industrial zoning district (I-1 or I-2) at this
location for the expansion of the facility, which employs approximately 530 people.
However, an approval of an I-PZD allows both for the expansion of this use, as well as
retains the desired commercial uses for the future on this important, visible property at
the intersection of major arterials in the City of Fayetteville. Uses that are proposed to be
retained on the site include offices, eating places, hotel/motels, neighborhood shopping,
trades and services. Additionally, the site improvements to the currently derelict parking
lot, including the addition of 30-32 landscape islands, added greenspace to bring the site
up to code, and the addition of trees, shrubs and a six-foot sidewalk along 6 h Street are an
immense improvement to this highly visible and travelled corridor.
DISCUSSION
The Planning Commission voted 7-0-1 in favor of this request on Monday, April 12,
2004. Approval of a planned zoning district requires City Council approval as it includes
zoning (land use) as well as development approval (large scale development).
Recommended conditions included in the attached staff report were approved by the
Planning Commission.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING AN INDUSTRIAL
PLANNED ZONING DISTRICT TITLED I-PZD 04-05.00
LOCATED AT 2314 W. 6TH STREET CONTAINING
APPROXIMATELY 8.457 ACRES, MORE OR LESS;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED INDUSTRIAL DEVELOPMENT PLAN AS
APPROVED BY THE PLANNING COMMISSION.\
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 I-PZD 04-05.00 as shown in Exhibit "A"
attached hereto and made a part hereof.,,
Section 2. That the change in zoningclassification is based upon the
11,
approved development plan and development standards as shown on the plat and
approved by the Plan ning':Gommission on'April 12, 2004.
Section 3/ -%,That this ordinance shall take affect and be in full force at such
time as all of the requirements ofthe,development plan have been met.
Section 4:' That the official zoning map of the City of Fayetteville, Arkansas,
is hereby amended twreflect the,zoning change provided in Section 1 above.
PASSED AND APPROVED this day of , 2004.
� APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
I-PZD 04-05,00
A PART OF THE NW '/4 OF THE NW '/4 OF SECTION 20, TOWNSHIP 16 NORTH,
RANGE 30 WEST, BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW '/4 OF THE NW '/4 OF
SECTION 20; THENCE S02°51' 14"W 5.00 FEET TO THE POINT OF BEGINNING:
THENCE ALONG THE SOUTH RIGHT OF WAY OF OLD FARMINGTON ROADS
THENCE ALONG THE SOUTH RIGHT OF WAY OF OLD/FARMINGTON ROAD,
SAID LINE BEING A PERPENDICULAR DISTANCE OF'5'.00 FEET SOUTH AND
PARALLEL WITH THE NORTHERN BOUNDARY OF SAID, SECTION 20, 86°46'00"E,
700.79 FEET TO A CHISELED `X'; THENCE LEAVING SAID RIGHT OF WAY
S03003'41"W, 524.35 FEET, SAID POINT OF BEING'ON THE, EXISTING NORTH
RIGHT OF WAY OF U.S. HIGHWAY 62, ALSO/KNOWN AS SIXTH�STREET, SAID
POINT BEING A POINT ON CURVE TO THE RIGHT WITH A CORD�BEARING AND
DISTANCE OF S71039'56"W 197.89 FEET;`THENCE:.CONTINUING' WITH SAID
RIGHT OF WAY ALONG SAID CURVE HAVING AVRADIUS OF 1392.39 FEET AND
DELTA ANGLE OF 08009700" AN ARC DISTANCE\OF 198.06 FEET; THENCE
S74024955"W 64.20 FEET; THENCES85°1,3'56"W, 53.60 FEET TO FOUND IRON PIN;
THENCE LEAVING SAID RIGHT `OF,WAY NO2°33'S0"W,? 178.24 FEET TO A
RAILROAD SPIKE; THENCE N86°43�59"W, 225:13 FEET/TO FOUND IRON PIN;
THENCE S0203Y52"W 210.06'FEET TO' --A FOUND IRON PIN ON THE NORTH RIGHT
OF WAY OF U.S. HIGHWAY 62; THENCE ALONG SAID RIGHT OF WAY
S87027132"W 7.44 FEET TO THE NORTHEASTERLY RIGHT OF WAY OF FUTRALL
DRIVE SAID POINT, OF BEING A RIGHT OF WAY MARKER AND FOUND IRON
PEN. THENCE ALONG�SAID`NORTHEASTERLY RIGHT OF WAY N29046'37"W
311.47 FEET TO A. POINT --'ON THE WEST LINE OF SAID SECTION, SAID POINT
BEING A SET IROI PIN; THENCE ALONG SAID SECTION LINE NO2°51' 14"E, 396.54
FEET/TO THE POINTOFBEGINNING, CONTAINING 8.457 ACRES, MORE OR LESS.
FAYETTEVILLE
TILE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of April 12, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575A264
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: April 07, 2004
I-PZD 04-05.00: Industrial Planned Zoning District (Wal-Mart Optical Lab/Hwy 62W, pp
559) was submitted by Todd Jacobs of CEI Engineering Associates, Inc. on behalf of Wal-Mart
Stores, Inc. for property located at 2314 W 6th Street. The property is zoned C-2, Thoroughfare
Commercial, and is in the Design Overlay District. The request is to rezone the subject property
to an I-PZD, Industrial Planned Zoning District, to allow a 979 sq.ft. addition to the Optical Lab
building and revise the on -site parking. Planner: Jeremy Pate
Background: The applicant originally submitted a Large Scale Development to expand the
existing Wal-Mart Optical Center, a manufacturer of lenses for glasses, located north of 6 h
Street, just east of 1-540, within the Design Overlay District. The site was formerly a Wal-Mart
retail store and has operated as the Wal-Mart Optical Center, with Tractor Supply Company and
the Arkansas State Unemployment Center as accompanying uses, since the early 1990's. In
subsequent meetings with city staff, it was determined that the most appropriate process to
approve an expansion of this particular use, which is not allowed by right in the C-2,
Thoroughfare Commercial zoning district, would be the Industrial Planned Zoning District.
The existing building formerly housed the Wal-Mart retail store, a use that is permitted within
the C-2 zoning district. The Wal-Mart retail store eventually relocated and in subsequent years
permits were issued to remodel the structure for use as the Wal-Mart Optical Lab. Under current
zoning ordinances, this use is only permitted in an industrial zoning district, such as I-1 or I-2.
Therefore an expansion of said use requires a rezoning. However, the Future Land Use Plan
identifies this site as a Regional Commercial area. Furthermore, the applicant leases office and
commercial/retail space at the present time, uses which are permitted by right in the current
zoning district. Based on the variety of office, commercial and lab uses and the low -impact,
commercially compatible nature of the Optical Lab use, staff recommended the applicant process
an I-PZD, to expand the existing structure by 979 SF which will accommodate a new processing
machine and to revise the parking lot layout. Rezoning to an I-PZD more appropriately fits the
current use of the site to its zoning district. The applicant has indicated that a mixture of the
current manufacturing/lab use, commercial uses and office space are to be allowed with the I-
PZD.
K. IReports120041PC Reports104-12-04-PZD 04-05.00( Wari Opticall).doc
• •
Proposal: The applicant requests to expand the existing Wal-Mart Optical Center by 979 square
feet, and re -stripe the existing parking lot to more efficiently park employee and customer
vehicles. The ratio of parking spaces that currently exist was originally determined by the retail
use of the Wal-Mart store. With the addition of islands and greenspace, net parking spaces
actually decrease, however become more usable and efficient. The existing parking lot is
nonconforming, in that it contains no landscape islands or other designated greenspace. The
applicant has provided landscape islands throughout the site, to comply with the Parking Lot
landscaping ordinance. Additionally, site improvements and added landscaping along the rights -
of -way have brought the site into compliance with the 25% greenspace requirement and 25 feet
of greenspace adjacent to 6 h street right-of-way as required by the Design Overlay District.
Parking lot lights are to be retrofitted to meet Design Overlay District requirements for full cut-
off fixtures, shielded and directed downward away from adjacent properties, as well. The request
is to approve a rezoning from C-2 to I-PZD 04-05.00, along with the associated development
plans.
Proposed Development:
I-PZD, Industrial Planned Zoning District — Wal-Mart Optical Center
Land Use
Square Feet
Employee
Parking
Parking
Parking
#s
Existing
Required
Requested
Optical
Center
Manufacturing
44,387 SF
`511
125
37 (1:1200 SF)
-
Tractor
Supply
Commercial/Retail
243465 SF
6-10
141
98 (1:250 SF)
Employment
Office
81574 SF
6-10
57
29 (1:300 SF)
Center
164 Spaces (214
Totals
Mixed Use
779426 SF
523-531
allowed w/300%/
Spaces
P
Spaces
overage)
• Approximately I10 employees per shift.
' The applicant proposes 284 parking spaces, which is 70 spaces (33116) above the maximum number
allowed by ordinance. However, the existing parking spaces number 323; with the reorganization of
spaces to accommodate greenspace requirements, landscape islands, etc., the total number is actually
decreased by 39 spaces.
Proposed Uses: The applicant proposes to retain several use units within the I-PZD, including
office, studio, neighborhood shopping goods, professional office, eating places, hotel and motel
facilities, and manufacturing.
Access: With the restriping of parking spaces and building expansion, the applicant is not
proposing to change any points of access. Current access to the site includes curb cuts onto 6th
Street, Old Farmington Road and Futrall Drive. The curb cut along Hwy 62 (6ei Street) is to be
modified and upgraded to comply with the maximum width of 39 feet allowed by ordinance.
Existing Development: The site is currently comprised of three uses, the Wal-Mart Optical
Center, Tractor Supply Company, and the Arkansas State Unemployment Office, along with
associated parking for employees and customers, and display space.
K. Reports120041PC ReporuI04-12-04TIM 04-05.00( Wari Opticaf).doc
11
Surrounding Land Use/Zoning:
Direction
Land Use
IZoning
North
Fa etteville Schools
P-I, Institutional
South
6 Street H 62), Bank
C-2, Thoroughfare Commercial
East
Blockbuster Video
C-2, Thoroughfare Commercial
West
Futrall Drive, I-540
C-2, Thoroughfare
Commercial
Water & Sewer: Water and sewer lines are available to the site.
Street Improvements Proposed: An existing curb cut is proposed to be modified to comply with
the maximum 39-foot width along 6 h Street. Six-foot sidewalks are to be constructed along 60'
Street, at the Master Street Plan right-of-way line. The Sidewalk Administrator has determined
that sidewalks are not feasible and thus not recommended along Futrall Drive and Old
Farmington Road.
Adjacent Master Street Plan Streets: Futrall Drive (Collector), minimum of 35 feet from
centerline; Old Farmington Road (Local), minimum of 25 feet from centerline, 6s' Street
(Principal Arterial), minimum of 55 feet from centerline (dedication by warranty deed)
Tree Preservation: All existing on -site trees are to be preserved.
Design Overlay District:
• Greenspace: The applicant has complied with the 25'greenspace requirement
along 6 h Street. Due to existing structures and required access
drives for emergency vehicle access, staff is recommending all
other street frontages remain as they currently exist, with the
exception of the recommended trees along Old Farmington and
Futrall Drive, per the Landscape Administrator's recommendation.
• Signage: The applicant is not proposing additional signage.
• Curb Cuts: The applicant is not proposing additional curb cuts. The applicant
has provided curbs to contain greenspace along 60' street, and
extended this off -site to the east, as well as the sidewalk, to
connect to existing drives.
• Lighting: The applicant is indicating that all existing light poles will be
retrofitted to comply with the requirements for full cut-off lighting
fixtures that are shielded and directed downward to the parking lot
and light spread not to reflect into the adjacent properties.
• Exterior appearance: Elevations have been submitted for all four sides of the
building. The applicant is not proposing to modify the
existing structure in any way, with the exception of the 979
SF expansion to the northwest of the site. The expansion is
proposed to match the existing building.
K.Wports12004V'CReports104-12-04V-PZD 04-05.00( Wart OpticalJ.doc
• Building Material: The expansion is proposed to utilize the same materials as
the existing structure, a painted CMU block with accessory
trim.
• Site Coverage: The existing site contains 19% greenspace. The applicant
has provided 23,137 SF of additional greenspace to meet
the minimum 25% greenspace requirement.
Fencing: Additional fencing is not proposed with this development.
• Outdoor Storage: Outdoor display of merchandise for sale is allowed by right
without screening. Any outdoor storage of materials that are
not for sale requires appropriate screening.
• Access: Pedestrian access is being provided with new 6-foot sidewalks
along 6 h Street. The applicant is extending the sidewalk off -site to
the east to provide a pedestrian connection to existing sidewalks, as
well. Six bicycle racks are being provided within the development.
Meetings: The applicant and/or representative has met with city staff on several occasions to
discuss recommendations regarding site improvements and the development review process. The
proposal was heard at Technical Plat Review on February 11, 2004, and at the Subdivision
Committee meeting on March 11, 2004. Discussion centered around the location of landscape
islands, providing additional uses within the I-PZD for future commercial development on this
site and the decreased parking.
Recommendation:
Staff recommends I-PZD 04-05.00 be forwarded to the City Council with a
recommendation for approval of the requested rezoning.
Planning Commission approval of the proposed large scale development in association with
I-PZD 04-05.00 subject to the following conditions:
Conditions of Approval:
Planning Commission recommendation to the City Council regarding the rezoning of the
subject property to the unique district I-PZD 04-05.00 with all conditions of approval as
determined by the Planning Commission.
2. Planning Commission determination of Commercial Design Standards for the building
expansion.
KlReports12004V'C Reports104-12-04V-PZD 04-05.00 (fWMart Optical).doc
3. All future additions, remodels and new construction for existing and proposed buildings
shall comply with Commercial Design Standards and Design Overlay District
requirements.
4. A minimum of 51 % of the gross leasable floor area on the site shall be of industrial use,
per the I-PZD ordinance requirements. Any less shall constitute a rezoning request.
5. All setbacks, protective easements, and designated uses are binding with the approval of
the I-PZD.
6. Building permits and/or parking lot permits shall be issued for the construction of said
plans within one (1) year of final approval, or revocation of the I-PZD approval, pursuant
to City Code, shall be pursued.
The existing, illegal access to Futrall Drive shall be permanently closed and removed
from public access.
8. An AHTD permit is required for any work done within the Highway Department right-of-
way.
9. A six-foot sidewalk shall be constructed along 6`h Street, located at the right-of-way line,
pursuant to the submitted and approved site plans.
10. Right-of-way shall be dedicated to meet Master Street Plan requirements, including that
along 6th Street (55 feet from centerline), along Futral Drive (existing, minimum of 35
feet from centerline) and along Old Farmington Road (25 feet from centerline).
11. All existing and future trash enclosures shall be screened with access not visible from the
street, with materials compatible with and complimentary to those of the associated
building.
12. All parking lot lights are to be shielded, directed downward and away from adjacent
properties utilizing full cut-off sodium lighting fixtures.
Standard Conditions of approval:
13. All mechanical/utility equipment shall be screened using materials that are compatible
with and incorporated into the structure.
14. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
15. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
K: IReports12004V'C Reports104-12-04V-PZD 04-05.00 (%Wart Optica!).doc
parking lot(s) and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval. All improvements shall comply with City's current
requirements.
16. Large scale development shall be valid for one calendar year.
17. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on -site inspection by the Landscape Administrator of all tree protection
measures prior to any land disturbance.
C. Separate easement plat for this project that shall include the tree
preservation area and all utility easements.
d. Project Disk with all final revisions
e. One copy of final construction drawings showing tree preservation and
protection plans and detailed landscape plans submitted to the Landscape
Administrator for approval.
f. Completion of all required improvements or the placement of a surety with
the City (letter of credit, bond, escrow) as required by § 158.01
"Guarantees in Lieu of Installed Improvements" to guarantee all
incomplete improvements. Further, all improvements necessary to serve
the site and protect public safety must be completed, not just guaranteed,
prior to the issuance of a Certificate of Occupancy.
Additional conditions:
a.
b.
PLANNING COMMISSION ACTION:yes Required
✓ Approved Denied
Date: April 12, 2004 fi-o-t
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted
in total without exception by the entity requesting approval of this development item.
Title
Date
K. IReporls120041PC Reporcr104-12-04V-PZD 04-05.00 (% Mart Op(ical).doc
Findings associated with R-PZD 04-01.00
Sec. 166.06. Planned Zoning Districts (PZD).
(B) Development standards, conditions and review guidelines
(1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose
and intent as set.forth in Chapter 161 Zoning Regulations, and the development standards
and review guidelines set forth herein. Primary emphasis shall be placed upon achieving
compatibility between the proposed development and surrounding areas so as to preserve and
enhance the neighborhood. Proper planning shall involve a consideration of tree preservation,
water conservation, preservation of natural site amenities, and the protection of watercourses
from erosion and siltation. The Planning Commission shall determine that specific
development features, including project density, building locations, common usable open
space, the vehicular circulation system, parking areas, screening and landscaping, and
perimeter treatment shall be combined in such a way as to further the health, safety, amenity
and welfare of the community. To these ends, all applications filed pursuant to this ordinance
shall be reviewed in accordance with the same general review guidelines as those utilized for
zoning and subdivision applications.
FINDING: The I-PZD proposal currently does not include a significant amount of
development, as the site is relatively fully developed. Existing structures are currently being
utilized to provide laboratory, retail/commercial and office space. To date, no complaints have
been filed with the Planning Division relative to any of the existing uses on this property, which
have been in operation for some time. The development expansion that is proposed, 979 SF,
along with a restriping of parking spaces to achieve a more efficient use of space, is minimal,
relative to the public improvements proposed. The existing parking lot is an asphalt surface,
without landscape islands or greenspace. The applicant proposes to bring this parking area up
to code, incorporating 25-30 landscaped islands, as well as providing greenspace and new trees
along 6t" Street, Futral Drive and Old Farmington Road, a much -need benefit to this site that
enhances the neighborhood and furthers the health, amenity and welfare of the community.
The development plans have been reviewed through the Development Review Process, with
recommendations from both staff and the Subdivision Committee incorporated.
(2) Screening and landscaping. In order to enhance the integrity and attractiveness of the
development, and when deemed necessary to protect adjacent properties, the Planning
Commission shall require landscaping and screening as part of a PZD. The screening and
landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of
the development plan, a detailed screening and landscaping plan shall be submitted to the
Planning Commission. Landscape plans shall show the general location, type and quality
(size and age) of plant material. Screening plans shall include typical details of fences, berms
and plant material to be used.
FINDING: Landscaping plans have been submitted for review, and approval has been
obtained from the Landscape Administrator. The existing parking lot non -conforming, in that
K. Weporis110041PC Reporis104-11-04V-PZD 04-05.00 (ValMart Optical).doc
it contains no landscape islands or the minimum greenspace area required within the Design
Overlay District. The Large Scale Development proposal provides a revised parking area,
complete with landscape islands that bring the entire parking area (284 spaces) up to code.
Additionally, greenspace has been added to fuSll the minimum 25% requirement, along with
25 feet of greenspace along 6th Street. Areas have been identified for the display of for -sale
items available from the Tractor Supply Company. All materials stored outside that are not
for sale shall be screened, in accordance with city ordinance.
(3) Traffic circulation. The following traffic circulation guidelines shall apply:
(a) The adequacy of both the internal and external street systems shall be reviewed in
light of the projected future traffic volumes.
(b) The traffic circulation system shall be comprised of a hierarchal scheme of local
collector and arterial streets, each designed to accommodate its proper function and in
appropriate relationship with one another.
(c) Design of the internal street circulation system must be sensitive to such
considerations as safety, convenience, separation of vehicular and pedestrian traffic,
general attractiveness, access to dwelling units and the proper relationship of different
land uses.
(d) Internal collector streets shall be coordinated with the existing external street system,
providing for the efficient flow of traffic into and out of the planned zoning development.
(e) Internal local streets shall be designed to discourage through traffic within the
planned zoning development and to adjacent areas.
(f) Design provisions for ingress and egress for any site along with service drives and
interior circulation shall be that required by Chapter 166 Development of this code.
FINDING: Minimal changes within the interior circulation are proposed, to allow for the 25
feet of greenspace along 61h Street. The existing curb cut onto 6th Street that accesses both this
site and the Bank property will be decreased to a maximum 39 feet, to comply with city codes.
(4) Parking standards. The off-street parking and loading standards found in Chapter 172
Parking and Loading shall apply to the specific gross usable or leasable floor areas of the
respective use areas.
FINDING: Existing parking space numbers were based on the retail use of the Wal-Mart
store, and number 323 total spaces. The applicant plans to provide landscape islands and
greenspace, along with a more efficient restriping of the parking areas. Actual parking
numbers will decrease to 284 total spaces.
K. MR pora12004PC Repora104-12-04V-PZD 04-05.00 pi'ainarl oprica#.doc
(5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all
uses of land or structures shall meet the open space, buffer or green strip provisions of this
chapter of this code.
FINDING: The existing development is proposed to be modified to contain approximately
25% open space, which is compliant with Design Overlay District requirements of a minimum
25%. The applicant has proposed a vegetative screen to alleviate the impacts of the proposed
parking areas along 6th Street, as well as numerous landscape islands and trees along right-of-
way frontage on Futrall Drive, 6th Street and Old Farmington Road.
(6) Sidewalks. As required by § 166.03.
FINDING: Six-foot sidewalks are required to be constructed along 6ch Street, at the right-of-
way line. Additionally, the developer is proposing to construct the sidewalk off -site to the east,
to connect to existing sidewalks on the Blockbuster property. The Sidewalk Administrator has
inspected the site and determined that sidewalks are not feasible nor needed along Futrall
Drive or Old Farmington Road in this location (sidewalks are to be constructed along the
north side of Old Farmington Road in the future).
(7) Street Lights. As required by § 166.03.
FINDING: Existing.
(8) Water. As required by § 166.03.
FINDING: Water lines currently exist to serve the property.
(9) Sewer. As required by § 166.03.
FINDING: Adequate sewer service is available to the site.
(10) Streets and Drainage. Streets within a residential PZD may be either public or
private.
(a) Puhlic Streets. Public streets shall be constructed according to the adopted standards
of the City.
(b) Private Streets. Private streets within a residential PZD shall be permitted subject to
the following conditions:
(i) Private streets shall be permitted for only a loop street, or street ending with a cul-de-
sac. Any street connecting one or more public streets shall be constructed to existing
City standards and shall be dedicated as a public street.
KlReporu12004PC Reporu104-12-04V-PZD 04-05.00 (WalMarl Oplical).doc
(ii) Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
All grading and drainage within a Planned Zoning District including site
drainage and drainage for private streets shall comply with the City's Grading
(Physical Alteration of Land) and Drainage (Storm water management) Ordinances.
Open drainage systems may be approved by the City Engineer.
(iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 80 units.
(v) The plat of the planned development shall designate each private street as a "private
street."
(vi) Maintenance of private streets shall be the responsibility of the developer or
of a neighborhood property owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund shall
be established by the PZD covenants. The covenants shall expressly provide that the
City is a third party beneficiary to the covenants and shall have the right to enforce
the street maintenance requirements of the covenants irrespective of the vote of the
other parties to the covenants.
(vii) The covenants shall provide that in the event the private streets are not maintained as
required by the covenants, the City shall have the right (but shall not be required) to
maintain said streets and to charge the cost thereof to the property owners within the
PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes
and shall have a lien on the real property within the PZD for such cost. The protective
covenants shall grant the City the right to use all private streets for purposes of
providing fire and police protection, sanitation service and any other of the municipal
functions. The protective covenants shall provide that such covenants shall not be
amended and shall not terminate without approval of the City Council.
(viii) The width of private streets may vary according to the density served. The following
standard shall be used:
Paving Width
o On -Street Parkin
Dwelling
Units
One -Way
Two -Way
1 - 20
14'
22'
21+
14'
24'
K:Vteports11004V'CReports104-/2-04V-PZD 04-05.00 (WaWart Optim!).doc
*Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended.
(ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private
streets within a PZD.
(x) There shall be no minimum building setback requirement from a private street.
(xi)The developer shall erect at the entrance of each private street a rectangular sign, not
exceeding 24 inches by 12 inches, designating the street a "private street" which
shall be clearly visible to motor vehicular traffic.
FINDING: No streets are proposed with this development, as the site is currently constructed
with adequate access.
(11) Construction ofnonresidential facilities. Prior to issuance of more than eight building
permits for any residential PZD, all approved nonresidential facilities shall be constructed. In
the event the developer proposed to develop the PZD in phases, and the nonresidential
facilities are not proposed in the initial phase, the developer shall enter into a contract with
the City to guarantee completion of the nonresidential facilities.
FINDING: N/A
(12) Tree preservation. All PZD developments shall comply with the requirements for tree
preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of
trees shall be considered when planning the common open space, location of buildings,
underground services, walks, paved areas, playgrounds, parking areas, and finished grade
levels.
FINDING: All existing trees on -site are to be preserved with this development.
(13) Commercial design standards. All PZD developments that contain office or
commercial structures shall comply with the commercial design standards as set forth in
§ 166.14 Site Development Standards and Construction and Appearance Design Standards for
Commercial Structures.
FINDING: The applicant has submitted elevations of all four sides of the structures to ensure
compliance with Commercial Design Standards and Design Overlay District requirements.
The expansion of 979 square feet is proposed to match the materials and color of the existing
building, pursuant to city code. All future development on this particular site is required to be
reviewed for Commercial Design Standards.
(14) View protection. The Planning Commission shall have the right to establish
K.'1Rep0rU0004PC Rep0r1s104-12-04V-PZD 04-05.00 (ValMart OpticaO.doc
special height and/or positioning restrictions where scenic views are involved and shall
have the right to insure the perpetuation of those views through protective covenant
restrictions.
FINDING: N/A
(E) Revocation.
(1) Causes for revocation as enforcement action. The Planning Commission may recommend to
the City Council that any PZD approval be revoked and all building or occupancy permits be
voided under the following circumstances:
(a) Building permit. If no building permit has been issued within the time allowed.
(b) Phased development
schedule.
If the applicant does not
adhere to the phased
development schedule
as stated
in the approved development
plan.
(c) Open space and recreational facilities. If the construction and provision of all common
open spaces and public and recreational facilities which are shown on the final plan are
proceeding at a substantially slower rate than other project components.
Planning staff shall report the status of each ongoing PZD at the first regular meeting of
each quarter, so that the Planning Commission is able to compare the actual development
accomplished with the approved development schedule. If the Planning Commission
finds that the rate of construction of dwelling units or other commercial or industrial
structures is substantially greater than the rate at which common open spaces and public
recreational facilities have been constructed and provided, then the Planning Commission
may initiate revocation action or cease to approve any additional final plans if preceding
phases have not been finalized. The city may also issue a stop work order, or discontinue
issuance of building or occupancy permits, or revoke those previously issued.
(2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent
to the landowner or authorized agent giving notice of the alleged default, setting a time to
appear before the Planning Commission to show cause why steps should not be made to
totally or partially revoke the PZD. The Planning Commission recommendation shall be
forwarded to the City Council for disposition as in original approvals. In the event a PZD is
revoked, the City Council shall take the appropriate action in the city clerk's office and the
public zoning record duly noted.
(3) Effect. In the event of revocation, any completed portions of the development or those
portions for which building permits have been issued shall be treated to be a whole and
effective development. After causes for revocation or enforcement have been corrected, the
City Council shall expunge such record as established above and shall authorize continued
issuance of building permits.
K. Weports12004V'C Repora104-12-04V-PZD 04-05. 00 (WalMart Optical).doc
FINDING: Building permits and/or parking lot permits shall be issued for the construction of
said plans within one (1) year of final approval, or revocation of the I-PZD approval by the
above means shall be pursued.
(F) Covenants, trusts and homeowner associations.
(1) Legal entities. The developer shall create such legal entities as appropriate to undertake and
be responsible for the ownership, operation, construction, and maintenance of private roads,
parking areas, common usable open space, community facilities, recreation areas, building,
lighting, security measure and similar common elements in a development. The city
encourages the creation of homeowner associations, funded community trusts or other
nonprofit organizations implemented by agreements, private improvement district, contracts
and covenants. All legal instruments setting forth a plan or manner of permanent care and
maintenance of such open space, recreation areas and communally -owned facilities shall be
approved by the City Attorney as to legal form and effect, and by the Planning Commission
as to the suitability for the proposed use of the open areas. The aforementioned legal
instruments shall be provided to the Planning Commission together with the filing of the
final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a
preliminary form.
(2) Common areas. If the common open space is deeded to a homeowner association, the
developer shall file with the plat a declaration of covenants and restrictions in the Guarantee
that will govern the association with the application for final plan approval. The provisions
shall include, but not necessarily be limited to, the following:
(a) The homeowner's association must be legally established before building permits are
granted.
(b) Membership and fees must be mandatory for each home buyer and successive buyer.
(C) The open space restrictions must be permanent, rather than for a period of years.
(d) The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
(e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment
levied by the association must be stipulated as a potential lien on the property.
FINDING: N/A
K:IReporu120041PC ReporLO04-l2-04V-PZD 04-05.00 (WaWar! Op(ica!).doc
0
Sec. 161.25 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned developments whose purpose is redevelopment, economic
development, cultural enrichment or to provide a single -purpose or mixed -use planned
development and to permit the combination of development and zoning review into a
simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the
development proposed for the district can accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and integration
of economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive
and
innovative planning
and design of mixed use yet
harmonious developments consistent
with
the guiding policies
of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
FINDING: The applicant's proposed development expansion requires rezoning, based on the
existing use as a light manufacturing/laboratory facility. Commercial uses are highly desired in
this area, and the 77,426 SF currently in use provides office, commercial/retail and light
K:IReportst1004V'C Reporn104-11-04V-PZD 04-05.00 (WaWart Optiwl).do
manufacturing/laboratory uses, employing approximately 530 people in this one location. The
I-PZD provides a mechanism for expansion and bringing the site, developed before current
zoning and development codes were in place, into compliance. Additionally, it allows for the
future development opportunity of those uses typically located with a Regional Commercial
area, including restaurants, offices, hotels/motels, shopping and trades and services. The land
use is compatible with surrounding land uses, and has existed as such for many years. Site
improvements will benefit the community and the developer, bringing the parking area up to
code, providing needed greenspace along 6th Street, and retrofitting the existing lighting to
comply with Design Overlay District requirements.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for
Regional Commercial Areas, including:
9.9a Provide enough retail business and service space to enable Fayetteville to realize
its full potential as a regional market.
9.9d Require that large commercial sites be designed and landscaped in a manner that
preserves the aesthetic character of their surroundings.
9.9g Continue to enforce the provisions of the Bypass Design Overlay District
ordinance.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for
Community Commercial areas which are:
9.10.a Provide centers that are accessible and compatible with adjacent residential
development.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policy for
Mixed Use Areas, including:
9.14a Allow mixing of uses and integration of design through the planning process.
9.14c Continue to implement the Design Overlay District. These regulations should
ensure that most of the areas along the 71 Bypass designated for mixed use develop into
attractive developments which increase the value of nearby property and encourage
further development.
(B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in
accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning
parcel shall be described as a separate district, with distinct boundaries and specific design and
development standards. Each district shall be assigned a project number or label, along with the
designation 'PZD". The rezoning shall include the adoption of a specific master development
plan and development standards.
FINDING: Staff has reviewed the proposed development with regard to findings necessary
for rezoning requests. Those findings are attached to this report. An ordinance will be drafted
in order to create this Planned Zoning District which will incorporate all conditions placed on
the project by the Planning Commission. This ordinance will be forwarded to the City Council
for approval.*
K. IReports12004PC Reporis104-12-04V-PZD 04-05.00 (ValMart Optical).doc
(E) I-PZD Industrial Planned Zoning District.
(1) Purpose and intent. The I-PZD is intended to accommodate industrial parks and single
use industrial developments that are determined to be more appropriate for a PZD application
than a general industrial rezone. The legislative purpose, intent and application of this district
include, but are not limited to, the following:
(a) To provide for manufacturing activities in a manner compatible with the
surrounding area.
(b) To encourage the application of sound planning and design principles in the
orderly development of industrial activities.
(c) To maximize manufacturing potential without adversely affecting the living
environment of the community.
(d) To encourage industrial development that is consistent with the city's General
Plan.
FINDING: The I-PZD proposed is consistent with the City's General Plan for mixed -use
development, and allows a more flexible means of development to better accommodate the
need for commercial, office, and the existing light manufacturing/laboratory use. The
harmonious relationship of different land uses and activities in a single development is
promoted by the City's General Plan. Land use incompatibility is minimized, and public
infrastructure improvements will benefit the City. The General Plan 2020 calls for Regional
Commercial land use on this site, a use which is more appropriate than an industrial park or a
general industrial rezone. In order to expand the Wal-Mart Optical Center, a rezoning is
required. Staff is not in support of an general industrial rezoning in this location, for that does
not provide a compatible land use in this area. However, the I-PZD, especially with the
inclusion of those commercial uses permitted by typical commercial zoning districts, allows for
both maximum manufacturing potential, an opportunity for future commercial development,
and the increased public benefit of needed site and landscaping improvements at this location
along a Principal Arterial
(2) Permitted uses.
Unit 1 City-wide uses by right
Unit 2 City ide uses by ee nditic nal u it REMOVED BY APPLICANT
City ,,, ., � -fin
Unit 3 Public protection and utility facilities
Unit S Single family dwellings REMOVED BY APPLICANT
Unit 9 Two family dwellings REMOVED BY APPLICANT
K. Weports12004IPC Repor[s104-11-M-PZD 04-05.00 (WaWar! Opficall).doc
Unit 10 Three family dwellings REMOVED BY APPLICANT
Unit 12 Offices, studios and related services
Unit 13 Eating places
Unit 14 Hotel, motel and amusement facilitites
Unit 15 Neighborhood shopping
Unit 16 Shopping Goods
Unit 17 Trades and Services
1 1 : "
iAg mid wholesale REMOVED BY APPLICANT
Unit 22 Manufacturing
IV LAIII- REMOVED BY APPLICANT
ProfessionalUnit 25
Multi family dv��lings REMOVED BY APPLICANT
Unit 27 L.
REMOVED :APPLICANT- storage
Unit 28 Center- for eolleeting Feeyelable materials REMOVED APPLICANT
REMOVED BY
APPLICANT
FINDING: Use Units allowed within the I-PZD include 1, 3, 12-17, 22, and 25. All of these
proposed uses are currently allowed within the C-2 zoning district, with the exception of Use
Units 22 and 25.
(3)
Condition.
In no
instance shall the residential use area be less than fifty-one percent
(51 %)
of the gross
floor
area within the development.
FINDING: Industrial area totals 44,387 SF; accompanying office and commercial uses total
33,039 SF.
*Required Findings for Rezoning Request.
RECOMMENDATION:
LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning
this property to I-PZD 04-05.00 is compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
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: This area is designated Regional Commercial on the Future Land Use Map.
That designation is reflective of the current zoning of the site which is C-2,
Thoroughfare Commercial. Approximately 43% of the site is comprised of
K..'Weports120041PC Reportr104-12-04V-PZD 04-U 00 (Wa1Marl Opticap.doc
commercial and office uses, with the remaining 57% being the existing light
manufacturing/laboratory use of the Wal-Mart Optical Center, employing
approximately 530 employees. Staff finds the existing use is consistent with
land use planning objectives, and has demonstrated relative compatibility
with surrounding properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The current use of the Wal-Mart Optical Center is nonconforming, in that a
light manufacturing use is not permitted by right or by conditional use in the
C-2, Thoroughfare Commercial zoning district. In order to expand this use, a
rezoning is necessary. Staff is not supportive of a general industrial rezoning
at this location, for many incompatible uses would then be allowed, and
many commercial activities not permitted. Rezoning to an I-PZD allows for
the low impact light manufacturing/laboratory use to continue, and to
expand, but also allows for commercial activities to continue and potentially
expand in the future, which is compatible with the land use plan for this
area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not traffic in the area. The streets surrounding the
property are classified as a Collector (Futrall), a Local (Old Farmington) and
a Principal Arterial (61h Street). A Collector Street is designed to carry
between 4,000 and 6,000 vehicles per day. A Local Street should carry up to
approximately 4,000 vpd. Principal Arterials carry 20,600 vehicles per day.
Existing uses are not proposed to change in the near future, therefore
additional traffic is not expected. The proposed 979 SF of expansion will not
appreciably increase traffic danger and congestion.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning will not alter the population density in this area. It
should not undesirably increase the load on public services.
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
K:IReporfsUON PC Repora104-12-04V-PZD 04-05.00 (WaWart Optica!).doc
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:IReporat2004'C Reports104-12-04V-PZD 04-05.00 (ValMart Optical).doc
•'
is
(E) I-PZD Industrial Planned Zoning
District.
(1) Purpose and intent. The I-PZD is
intended to accommodate industrial
parks and single use industrial
developments that are determined to
be more appropriate for a PZD
application than a general industrial
rezone. The legislative purpose, intent
and application of this district include,
but are not limited to, the following:
(e) To provide for manufacturing
activities in a manner compatible
with the surrounding area.
(f) To encourage the application
of sound planning and design
principles in the orderly
development of industrial
activities.
(g) To maximize manufacturing
potential without adversely
affecting the living environment of
the community. .
(h) To encourage industrial
development that is consistent
with the city's General Plan.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 8
Single-family dwellings
Unit
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related services
Unit 13
Ewing laces
Unit 14
Hotel, motel and amusement facilities
Unit 15
Neighborhood shopping oods
Unit 16
Shopping oods
Unit 17
Trades and services
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 20
Commercial recreation [age sites
KAReports110041PC Repora104-11-04V-PZD 04-05. 00 (li'a(Mart OpitcaO.doc
Unit 21
Warchotising and wholesale
Unit 22
Manufacturin
Unit 23
Heavy industrial
Unit 25
Professional offices
Unit 26
Multi -family dwellings
Unit 27
Wholesale bullc petroleum storage facilities
with underground storage tanks
Unit 28
Center for collecting recyclable materials
Unit 31
Facili Jes emitting odors and facilities
handlin gexplosives
(2) Conditions.
(a) In no instance shall the
industrial use area be less than
fifty-one percent (51 %) of the
gross leasable floor area within the
development.
(b) Ancillary commercial and
office uses shall be compatible
with the design and scale of the
project.
(c) Residential uses must be
appropriate to the scope and
character of the development.
(F) Bulk and area regulations.
(1) Residential density. Residential
densities shall be determined on the
basis of the following considerations:
(4) The densities of surrounding
development;
(5) the densities allowed under the
current zoning;
(6) the urban development goals
and other policies of the city's
General Plan;
(7) the topography and character
of the natural environment; and
(8) the impact of a given density
on the specific site and adjacent
properties.
(2) Lot area and yard requirements.
Taking into consideration the unique
aspects of each project, preliminary
development plans for Planned Zoning
Districts shall conform as closely as
possible to the existing standards for
lot area minimums and setback
requirements under this chapter.
(3) Building height. There shall be no
maximum building height except as
may be determined by the Planning
Commission during the review of the
preliminary development plan based
on the uses within the development
and the proximity of the development
to existing or prospective development
on adjacent properties. A lesser height
may be established by the Planning
Commission when it is deemed
necessary to provide adequate light
and air to adjacent property and to
protect the visual quality of the
community.
(4) Building area. The Planning
Commission shall review specific
proposed lot coverages which
generally correspond to the guidelines
for lot coverage in the respective
residential, office, commercial or
industrial district which most depicts
said development scheme.
(C)
K.Vteports12004NCRepor[s104-12-04V-PZD 04-05.00(f Wart Opiim().do
B� = CEI Engineering Associates, Inc.
Corporate Office: 3317 SW "I" Street • P.O. Box 1408 Bentonville, AR 72712-1408 • (479) 273-9472 • (479) 273-0844
January 29, 2004
City of Fayetteville
Office of City Planning Division
125 West Mountain Street
Fayetteville, Arkansas 72701
Attn.: Ms. Jan Gamble, Senior Planner
Ref.: Wal-Mart Optical Center
2314 S.W. 6"' Street
Fayetteville, Arkansas
Dear Ms. Gamble:
This letter accompanies our submittal of plans for proposed modifications to the above
referenced facility.
The intent of the proposed changes is to enable the existing building to accommodate a
larger piece of processing machinery than the one which is presently housed in the
Optical Lab. It is also our intent to improve the parking facility in order to accommodate
more vehicles, and make conditions safer.
The nature of the improvements are a small addition to the building near the rear truck
dock area on the West side, and restriping of the parking lot and traffic areas on the site
as shown on the civil engineering plans.
The scope of the work will increase the square footage of the Optical Center from 43,408
to 44,387 which is a gain of 979 square feet. The parking lot revisions will represent an
increase from 245 spaces to 420 spaces, or a gain of 175 spaces.
The owner of the subject parcel is Wal-Mart Stores, Inc. of Bentonville, Arkansas. They
are requesting this zoning change in order to continue to operate the optical laboratory
facility currently resident there, as well as the Tractor Supply Company retail store, and
the Arkansas Employment Office. An increase in parking spaces available would also be
beneficial to this site and its occupants.
They do not expect any change in land use or traffic patterns or frequency as a result of
this zoning change, as the occupants and their utilization of the site will remain the same
at this time.
Bentonville, AR • Fresno, CA • St. Augustine, FI_ • Nashville, TN • Atlanta, GA • Dallas, TX • Wills Point, TX • Jasonville, IN • Scranton, PA
b • •
An upgrade in the appearance of the existing structure is shown in the architectural plans,
which are submitted with this letter. Please refer to the elevation drawings for their
depiction of the building articulation, as it is proposed.
Signage and sewer and water service will remain unchanged.
All
of the
proposed
civil engineering
and
architectural modifications.are represented on
the
plans,
which are
submitted herein
for
your reviewand approval.
4h y. �����'. HMI ' I . i r
:'.j,'ar 4 1 , ., .. .
FAYETTEVILLE
THE CITY OF FAYETTEV[LLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 5754267
PLANNING DIVISION CORRESPONDENCE
January 12, 2004
Mr. Clarence Lisle
Wal-Mart Realty
2001 S.E. loth
Bentonville, AR 72716-0550
'Re: Wal-Mart Optical Center .
Dear Mr. Lisle, .
I have reviewed the submitted documents for the Wal-Mart Optical Center expansion on 6d'
Street and pursuant to our discussions on Wednesday, January 07, 2004, have determined that a
rezoning is necessary to expand the requested use.
The requested 900-square-foot (+/-) expansion and additional parking is to allow for the
continued and expanded use of the Optical center's manufacturing of optical products. A
manufacturing/fabricating use (Use Unit 22 Manufacturing) is not a use that is permitted by right
or by conditional use in the C-2 Thoroughfare Commercial zoning district, the zoning district in
which the Optical Center resides. Furthermore, research into the permitting of said re -use of the
former retail structure yields only a tenant finish -out permit, allowing a remodel of the Wal-Mart
facility. Therefore, in order to permit an expansion of the Manufacturing use, a rezoning request
must be processed and approved by City Council.
At the request of the applicant and engineering representative, staff recommends that this
expansion and necessary rezoning request proceed through the City's Industrial Planned Zoning
District (I-PZD) development and rezoning process. The PZD entails both the development
proposal (e.g., the Large Scale Development plans) and the rezoning request simultaneously.
This process benefits both the developer and the public, in that it combines two processes into
one and also allows for development plans to be reviewed as a parcel is rezoned, thereby
ensuring compatibility with adjacent properties and land use. Land use is tailored to the
development plans submitted, within those guidelines set forth by the Planned Zoning District
ordinance, § 161.25 and § 166.06 of the City of Fayetteville's Unified Development Code. A PZD
follows the same process as a development project, and all submittal requirements must be met
for a Large Scale Development (including but not limited to: Site Plan, Grading & Drainage
Plans, Landscape Plan, Tree Preservation Plan). After Planning Commission review of the
development plans, City Council must pass an ordinance approving the rezoning to an I-PZD
zoning district, prior to final approvals.
Please contact Planning Staff with any questions you may have regarding the PZD process. The
recommendation described herein involves the process through which the developer may pursue
the proposed expansion and does not depict staffs recommendation for approval or denial.
Though our findings indicate this particular process is the only available method to pursue mi
order to expand your existing facility and use, staff is willing to work with you to help meet your
needs as we are able.
Sincerely,
ate
isle Planner
Copy: Todd Jacobs, CEI Engineering Associates, Inc.
Nancy Sieminski, CEI Engineering Associates, Inc.
Dawn Warrick, AICP, Zoning & Development Administrator
Attch: §161.25, §166.06 Planned Zoning District
I-PZD04-05.00
Close Up View
WAL-MART OPTICAL
V
is RMF-18
V
LTV pp
� C-2
_ lk 0 0�
c-� 1
•� c2 o a
0
1 �
i
R-O'
■
P.
0,
,
D C2
q
o
�
C-z
�a
»
Oo
O
e.�'s •�
ps
ii
r 0 P
C
OCRMF-24 0
C2
FR 14'411 tlP
RMF- 4
RMF-24
llc?
RMF-24
Overview
SUBJECT PROPERTY
im
O
0
REST war Sl
`,
`
X
Iry
Legend
®000C O.aWY DWnd
®plyMpy MMal
—
FE WAY
Water Str es MID
o lAmr AilaelN
—
100YEAR
WSW Street Plan
r r Call
-
500YEAR
Freeway/Emreas
0000 1Utalo Caaeaar
---
LINT OF STUDY
t _ j CRY limiU
_ _ _
BaselineP Ie
= WS"°G"
I-PZD04-05.00
0 125 250 500 750 1,0D0
Feet
F
af-
,�o
z P2
0 0
Planning Commission • •
April 12, 2004
I-PZD 04-05.00: Industrial Planned Zoning District (Wal-Mart Optical Lab/Hwy
62W, pp 559) was submitted by Todd Jacobs of CEI Engineering Associates, Inc. on
behalf of Wal-Mart Stores, Inc. for property located at 2314 W 6`h Street. The property is
zoned C-2, Thoroughfare Commercial, and is in the Design Overlay District. The request
is to rezone the subject property to an I-PZD, Industrial Planned Zoning District, to allow
a 979 sq.ft. addition to the Optical Lab building and revise the on -site parking. Planner:
Jeremy Pate
Ostner: Next is I-PZD 04-05.00 for Wal-Mart Optical Lab.
Graves: I have to recuse from this particular item because of my employer's
representation of Wal-Mart.
Ostner: Thank you. Can we have the staff report please?
Pate: The site was formerly a Wal-Mart retail store and operated as such until
the early 1990's, the records are a little hazy. The site is zoned C-2,
Thoroughfare Commercial and is located within the Design Overlay
District. Currently the site is used as what is called the Wal-Mart Optical
Lab, a Tractor Supply Co., which leases the property from Wal-Mart, and
the Arkansas State Unemployment Center, which is a separate building to
the west. The Wal-Mart Optical Lab's use came into being in
approximately mid 1995. That was basically through a tenant finish out
building permit that was issued basically to rehab the interior and probably
install new signage. Based on current ordinances, the use of an optical
center would not be allowed in the C-2, Thoroughfare Commercial zoning
district. Therefore, an expansion, which is what the developer has
requested, would require a rezoning because it is not allowed by right nor
by Conditional Use in the C-2 zoning district. The most appropriate
process for this to approve an expansion for this particular use would be
the Industrial Planned Zoning District. Staff would not be in support of a
general rezone to I-1 nor I-2 in this area. It is definitely a type of regional
commercial area. It is a very high trafficked interchange with I-540 and
6th Street. The request tonight is to rezone the subject property to an I-
PZD, which is an Industrial Planned Zoning District, the first of which
we've seen in the city, and to allow a 979 sq.ft. addition to the Optical Lab
building. Also, to revise the onsite parking for a more efficient manner of
re -striping the parking. Future Land Use Plan identifies this site again, as
Regional Commercial. The applicant does utilize a portion of the site,
about 53% of it for their lab uses and light manufacturing uses. The
remaining portion is leased to commercial use and office use. Rezoning to
an I-PZD more appropriately, again, fits the current use of the site to it's
zoning district. The applicant has indicated that a mixture of the current
manufacturing and lab use, commercial uses and office space are to be
allowed within the use units for the I-PZD. The net parking spaces with
the proposal actually decrease with the additions of islands and
Planning Commission •
April 12, 2004
landscaping to meet both our parking lot ordinance with regard to
landscaping and our Design Overlay District requirements with regard to a
minimum of 25% greenspace onsite. They are bringing that up from I
believe 18% or 19%. Also, they have proposed 25' of landscaping along
61h Street with trees planted every 30 linear feet and shrubs to screen the
parking. All of those requirements are being met by this proposal. Staff is
in great recommendation of that. It is a derelict site at this point with a
decrepit parking lot void of any plantings or landscaping at this time. I
think that would be a very good addition to that area. Additionally, the
Wal-Mart Optical Lab in this area employs about 530 employees. Some
of which, 500 of which on a cycle of shifts are at the Optical Lab. Six to
ten are at the Tractor Supply and six to ten at the Employment Center as
well. As I mentioned, the applicant proposes to retain several of the use
units that are more usually found within the C-2 zoning district and are
also allowed in the I-PZD zoning district. In some of the findings, the site
is relatively fully developed. There is no addition to any structure with the
exception of 979 sq.ft., which I believe are shown in the elevations and the
ones in your packet as well. The development expansion, along with the
re -striping of parking spaces, achieves a more efficient use of the space for
the applicant and is minimal relative to public improvements proposed. 6'
sidewalks also are to be constructed along 61h Street, also with landscaping
along Futrall and Old Farmington Road for that frontage, which is
required by ordinance for both the Large Scale Development and a
Planned Zoning District. Staff is recommending approval of the Industrial
Planned Zoning District with a number of conditions. I will mention a
couple of those. Planning Commission determination of Commercial
Design Standards for the building expansion. All future additions,
remodels and new construction for existing and proposed buildings shall
comply with commercial design standards and Design Overlay District
requirements. A minimum of 51% of the gross floor area on the site shall
be of Industrial use per the I-PZD zoning ordinance. Any less than that or
changes of use will require a rezoning request. Item number seven I've
added, the existing access to Futrall Drive shall be permanently removed
from public access. That has been shown on the plans and we've
discussed that with the applicant. Additionally, all parking lot lights are to
be shielded, directed downward and away from adjacent properties
utilizing full cut off sodium lighting fixtures. That is a requirement in the
Design Overlay District and the existing fixtures are to be retrofitted to
meet those requirements. If you have any questions about this please feel
free to ask.
Ostner: Thank you Mr. Pate. Could the applicant come forward please, introduce
yourself and give us your presentation.
Jacobs: Good evening, my name
is Todd Jacobs, I'm
with
CEI Engineering
representing Wal-Mart. I
think Jeremy gave a
good
description of the
Planning Commission • •
April 12, 2004
history of this site. It has kind of been a couple of months of getting up to
speed of how this site has evolved over time. Basically, there is a site that
is not compliant right now. With this process we feel that it will best
represent the city and Wal-Mart as well, in the future. With bringing the
site up to code this will hopefully benefit the city with future development.
This is a regional commercial node that is happening in this area. With
the proposed improvements with the new landscaping we are removing
29,000 sq.ft. of impervious area to bring this site up to code so we'll meet
the 25% greenspace. We are adding 30 or 32 landscape islands with new
tree plantings, a new sidewalk along 6`h Street, we will be extending that
onto Blockbuster which is really not part of our property but is in the right
of way to make that extension. This site is kind of a crazy site to work
with, with the evolution of it being turned into light industrial. With the
re -striping it will be more efficient and the landscape islands, I think this is
the best use for this piece of property. There are quite a few employees
through the day, 530 give or take a few with the different shifts. For that
reason, we are asking for a little bit over the allowance of what would be
allowed by normal code for parking. Hopefully, bringing this site up to
code, like Jeremy talked about, is a very derelict site, as you saw from the
tour. That will hopefully encourage development in this area and bringing
this site up to code for an entryway into Fayetteville. With that, I hope
you will approve this project. Thank you.
Ostner: Thank you. At this point I will open it up to the public. Is there anyone
here who would like to comment on this issue? Seeing none, I will close it
to the public and bring it back to the Commission.
MOTION:
Allen: I think the need for this tiny lab has resulted in a terrific cue for the City of
Fayetteville for this highly visible artery it will be the beginning of
beautification of this area. It is adding sidewalks, it is removal of asphalt,
it is landscaping, it's a bonanza! With that, I would like to recommend
that we forward to the City Council I-PZD 04-05.00 subject to the 17
conditions of approval.
Anthes: I will second.
Ostner: We have a motion by Commissioner Allen and a second by Commissioner
Anthes, is there further discussion?
Myres: I just have a question. I'm not sure to whom it should be directed.
Currently is it Old Farmington Road is one way into Futrall Drive? Is that
of any concern?
Planning Commission • •
April 12, 2004
Warrick: Old Farmington is a two way street. Futrall is the one that is one way and
it is a concern to many people but it is the one way onto the bypass.
Ostner: I do have one comment. I drove by there for the thousandth time today
looking carefully. This proposal does not require sidewalks along Futrall
Drive. Our packet says our Sidewalk Administrator has determined
sidewalks are not feasible. My guess is because of the design of the ditch.
It is not curb and gutter, it is a ditch drainage design. We have approved
our first commercial PZD directly adjacent to this project, directly to the
north situated on the southern part of Southern View and it is designed to
be an old town concept for people to live upstairs and work below and
promote pedestrian activity everywhere. I think a sidewalk along Futrall
is crucial. I would like to add that to the conditions of approval, just make
it number 18 to require a sidewalk along Futrall Drive to benefit the new
development to the north that we have recently approved. Do the
motioner and the seconder agree with that additional condition?
Shackelford: I think we need to have some discussion with that. If our city staff is
telling us that it is not feasible, I would like some sort of input why that
determination was made by a professional that it wasn't feasible before we
require that as a condition of approval on this development. Can staff that
is present now, can you edify us on that decision?
Warrick: One thing that is important to note is that the subject property does not
extend north to Old Farmington Road on Futrall. There is an intervening
property, which is the Sines Autobody Shop, which would be the
connection point to have a sidewalk connection between the Southern
View project and 6`h Street. It would take both properties. In addition to
that it really has to do with what we were provided with regard to a
recommendation from the Sidewalk Administrator, who did review the
site and provide that recommendation to us.
Pate: In addition, Mr. Rutherford, the Sidewalk Administrator, also relayed onto
me the sidewalk connection, specifically this is an area with a school
Sidewalk connections are very important. 6`h Street is going to be an
important sidewalk connection. The reason, for instance, it wasn't on the
south side of Old Farmington is there are existing power lines. Also, there
is planned to be a sidewalk on the north side of Old Farmington Road in
conjunction with the same project that you're speaking of, the C-PZD. I
believe that connection along Old Farmington Road is seen as the more
practical connection, especially with regard to high traffic numbers going
all the way down to 6"' Street. I believe a lot of the pedestrian connection
will start to follow Old Farmington Road now with the signalized
intersection with the new traffic signal along Sang and Hollywood.
Planning Commission • •
April 12, 2004
Ostner: Just to continue this discussion, the southern triangle does abut the
frontage road.
Warrick: Right, it just doesn't extend north to Old Farmington.
Shackelford: He is talking about just the specific part that abuts Futrall.
Ostner: Yes, I know Sine's Body Shop does have the majority or the northern half
but the southern half is this property and I understand that the new signal
is helpful but not for people heading west. People heading west from the
school or from the Southern View mixed use development will come right
here.
Warrick: It is the Planning Commission's determination.
You
have
a motion and a
second on the floor that would need to be voted
up or
down
or amended.
Williams: Before the Planning Commission votes you should keep in mind that this
is not an entirely new project. This is a 900 sq.ft. addition. Already the
applicant is performing very many things to enhance the property pursuant
to our ordinances, building sidewalks and removing asphalt, a bonanza, as
Commissioner Allen pronounced it. I understand that the petitioner is in
agreement with all of the conditions at this point, is that correct?
Jacobs: That is correct.
Williams: I appreciate the petitioner for doing that because, in fact, this particular
parking lot was one of the reasons that we passed the parking lot
landscape ordinance a few years back when I was on the Council to avoid
this in the future. However, I would be reluctant to add additional costly
things to the petitioner at this point in time who has already agreed to
spend a terrific amount of money on a 900 sq.ft. addition only. We have
to look at, the rough proportionality of what his impact is to the city and to
it's infrastructure needs. I think that they have shown very good faith up
to this point in time.
Ostner: I would agree that this is a great project. They are doing a lot of things
above and beyond and it is greatly appreciated. Personally, with our city's
dire lack of sidewalks in many places, if I, as a single person not speaking
for the entire Commission, if I were presented with should there be a
sidewalk along Futrall or should we remove three tree islands I would say
a sidewalk because I see that as becoming heavily traveled and I see this
as contributing. Why are they doing a sidewalk along 61h, logically, if they
aren't doing a sidewalk along Futrall? The logic is the same. They are
both major pedestrian thoroughfares but that's on the table.
Planning Commission • •
April 12, 2004
Anthes: I guess I need to go back to staffs comments about the feasibility of that
sidewalk. It was the drainage, the overhead power lines and what was the
other?
Pate: Those specifically were concerns along Old Farmington Road as far as
existing infrastructure, utility poles and things of that nature along Old
Farmington Road. As far as the specific condition by which feasible
comes into the aspect of whether sidewalks could or could not be
constructed, I'm sure it could be constructed, it is not impossible. We are
basing that recommendation on our Sidewalk Administrator's
recommendation with that regard per his site visit and recommendation.
Warrick: I would just also add that we do have in our streets and sidewalk chapter
of the Unified Development Code with regard to sidewalk requirements
and when we are looking at building permits or projects where there is an
addition to an existing development of 2,500 sq.ft. or more then a
sidewalk is required by ordinance. When it is less than that of course the
Sidewalk Administrator can offer an opinion, a recommendation, but there
is not an ordinance requirement specific to issuing a building permit for an
addition of less than 2,500 sq.ft.
Anthes: I guess you know, I kind of went back and forth about this when I
originally started looking at this project because the I-PZD is a rezoning
and we are in a situation where we have the Design Overlay District,
we've talked about it being a commercial node and we are rezoning this
property to allow this industrial use in perpetuity now that it would be
rezoned. I always felt kind of comforted by the fact that the applicant
removed many of the use units from the PZD that might have been most
objectionable in that area and left the ones that would be compatible in the
long term. Also, condition of approval number three indicating that all
future additions or remodels and new construction for any existing or
proposed buildings shall comply with the Commercial Design Standards
and Design Overlay District requirements is the thing that really put this
over the edge with me. In terms of proportionality, knowing that going
forward with anything else that this building will be brought up to all of
the other conditions that we would like and I would think that the sidewalk
would be one of those and the fact that they are reducing the amount of
parking and the amount of concrete, they are putting in the islands,
landscaping, they are replacing the lighting to be much more friendly and
we are keeping 500 plus employees in the City of Fayetteville that might
go elsewhere. Knowing that for a 900 sq.ft. addition, I, as the seconder to
the motion, would be willing to leave it stand.
Allen: Mr. Chair, while I understand what you said, I feel that the impact of a 900
sq.ft. building they have gone far and above. I would like to let the motion
stand.
Planning Commission • •
April 12, 2004
Ostner: Is there any other discussion? Renee, can you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward I-PZD 04-05.00 to
the City Council with a recommendation for approval was approved by a
vote of 7-0-1 with Commissioner Graves abstaining.
Thomas: The motion carries seven to zero.
STAFF MEW FORM - NON -FINANCIAL OOGATION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: May 4, 2004
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION
I-PZD 04-05.00: Industrial Planned Zoning District (Wal-Mart Optical Lab, pp 559) was submitted by Todd
Jacobs of CEI Engineering on behalf of Wal-Mart for property located at 2314 W. 6th Street. The property is
currently zoned C-2, Thoroughfare Commercial and is located within the boundaries of the Design Overlay
District, containing approximately 8.457 acres. The request is to rezone the subject property to an Industrial
Planned Zoning District to allow for an expansiori of 979 sq.ft.and to revise the on site parking.
STAFF RECOMMENDATION:Approval.
Di ision Head D to
(:z �k y"/ I G/09
ttomey Date
Department Director Date
0_41V
Finance & Internal Services Dir. Date
y o-o
Chief Aofninigtrative Officer Date
Mayor Date
Received in Mayor's Office
Cross Reference:
Z6, of
Date 4Q
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
FAYETTEVI LLE
THE CITY Of FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDEN
To: Dawn Warrick
Planning Division pQ�(
From: Clarice Buffalohead-Pearman �
City Clerk Division
Date: May 12, 2004
Re: Ordinance No. 4570
Attached is an executed copy of the above ordinance passed by the City Council, May 4 2004,
establishing I-PZD 04-05.00 as industrial planning zoning district located at 2314 West 61" Street
containing approximately 8.457 acres.
This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is
needed please let the clerk's office know.
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
ft
Aikawas
' . IV /
AFFIDAVIT OF PUBLICATION
I, Ado solemnly swear that I am
Legail 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:
was inserted in the regular editions on
** Publication Charge: $
Subscribed and sworn to before me this
13 day of 2004.
My Commission Expires: 07/.15'/.xgl`?
** Please do
not
pay
from Affidavit.
An
invoice
will
be
sent.
Official Seal RECEIVED
SEAN-MICHAEL ARGO
WASNotaHINGTON COUNTY MAY 14 2004
My Commission Expires 07.25.2013 CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 9 (501) 442-1700
ot ORDINANCILAO "45- � s
AANtF FDA lGE' T SR�NG 6 PLANNED'
20 ING IDISIAICT TIRED 04-0 • TED AT 2$14 . I7 y -
STC1EEfCONTAINING RBOl�I TE B457 AC�R 5,
M0, E OR LESS AMENDING THE OFFI KL ZQNING M4P OF >
1 OAbS50CN ..OF� WERT UP, A PTyNG Tb r
.JND4IS,T W Q L PMF� w�+,�LA.N TAt.. jelywilwilaw
.
EE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETT&I I.N, ARKANSAS:
.t at n�WI . Y' et� REiY i� nD J �t»roed.� rawV.s:
a - ereoi ( 0�•P ,< .+ u3�,AtYblt -A. attached h o end
0 1'�A0W0VW 6e+el MWtt plan and
oy U1eV4IY*V 001fi`117110 WIOO AW 12,
ardir�w'A, c a ne;'
t
dWobPnwg nee e'lla psifiEffiine;PwclP Orne e9 alag1e nplAanlerxs
O *
iSect4n 4 Twh„a11e �gi�yty eE>'elteNs. Arkw* {, b hereby arlergetl to reAat
I APP iM 1FFNOYEDAFid 4IHdaYOPmey, ¢yid.
DYI�COOD,T ■Olu 1
w
EONDM EIRTN, Wpr.:CANk
I 'F7(F}IBR •A'
I-PIDd4:05,00
'A PAST OF THE jdW V4QPTHENW}/4gqFg�ON20,TOWNSHIP98 NORTH, RANGE ST
BEkVC�C�.MORE PAA LAP DESCRIBED AS FOLL6ft OOMMEf1CING Ali THE NOR�ST
ICORIYFE� OFTHS5,NW.0f.Th1EMW._OP.SECTION20�THENQESO2*51'141N5.00FEETTOTHE
eOINF(SF BEGI<dNtNG:
THENC6A_L' ONGft'SOU H RIGHT OF WAY OFOLO FARMINGTON�OADS THENMAI-6N.a 3HE
SOUTTI AG O AY gF OLD FARMINGTON ROAD, SAID 'LAN BEING 1 A'REHPEN`OIC DISTANCE Qp.F#G FEE*: UTH AND PARAI LEL WITH THE NQRTHERN 7N ' QF. D
� SECTION,20 WUISOgP $' ,79 FEET TO A CHISEIFD W; THENCE 1jE4VING 5MD RIGHT AV
S03 W44%. 6$$4355 FEBf�SA INT OF BgV, QQN THE E711$7ING NORTH RIGHT'OF .AY OF
U $ HIGHY✓AY 52k SU(h1 STF�EEY SAID POINiB NG A POINT QN TO
THE RIGHT M1!41TFTy1 T fiEE {®R AND DISTANCE AF.S71.39'S8"W 197.69 FEET ENCE
ICON7MJUMIGW(Qi Ghfi1' ALONGS416 CURVE HAVINGA RADIUS P92,39 F.'EE�'
ANDOELTAANG O DISTANCE OF 198.08 FEEfyyT��HENCE S�d'$SM1V:$4,20 '.
FEET, THENGE. Sy 1fi3;6jrF $ FOUND IRON PMI; THENCE LEAVNJG 0 PoGHT'OF
WAY NO2°33'S0"W ( jq SPIKE; THENCE NW.43'65�W, 225.13 FEET TO
;D ND IRON TH E'._
jOD.J06FEET TO A IRONPINON THE IGNHOPRdTH
HTOAYQGHTOFWAYIVG SAID WGSSfW'32 ,
THEDRIVE WD GD6BdNF'
SAD OF AV
WAY By y
N29.45'37_ kt¢47 $TIJNEOF EA
SA1b'pENNT6dNG
p.SETWONPB EN025114•E, 54 FEET' TOTHEPOINT OF