HomeMy WebLinkAboutOrdinance 4869 ` � IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII VIII VIII still 11
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Recorded : 05/23/20060atT 11 : 24 :R55 AM
Fee Amt : $11 .00 Paoe 1 of 2
: Washlnoton Countv . AR
Bette Staws(�Clrcult Clerk Q !�
F11e200640020802
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ORDINANCE NO. 4869
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 06-2008, FOR APPROXIMATELY
53 .93 ACRES, LOCATED AT CMN BUSINESS PARK 11, PHASE
III, NORTHWEST OF VAN ASCHE AND STEELE BOULEVARD,
FROM R-O, RESIDENTIAL OFFICE AND C- 15
NEIGHBORHOOD COMMERCIAL TO C- 1 , NEIGHBORHOOD
COMMERCIAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS: '
Section l : That the zone classification of the following described property is hereby
changed as follows:
From R-0, Residential Office and C- 1 , Neighborhood
Commercial to C- 1 , Neighborhood Commercial, as
shown on 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.
� > \SY 0
G lc .Ops
PASSED and APPROVED this 2nd day of May, 2006. ;'
FAYETTEVILLE
APPROVED: ATTEST:
y�'.9 r3
s
"kA N SP•'_
,GT N
By: By: `l .t��®t�eL/ t[ i✓
DAN COOD , - ayor SONDRA SMITH, City Clerk
EXHIBIT "A"
RZN 06-2008
PHASE III OF THE CMN BUSINESS PARK II TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. SAID PHASE III BEING A PART OF THE NEIA
AND A PART OF THE N1 /2 OF THE SEI /4 ALL IN SECTION 27, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID
SECTION 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 S02°28'46"W
1536.46 FEET TO THE POINT OF BEGINNING; THENCE S02°28'46"W 1107.09 FEET TO
AN IRON PIN FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 27;
THENCE S02028'46"W 167.56 FEET TO A FOUND IRON PIN; THENCE DEPARTING THE
EAST LINE OF SAID SECTION 27 AND ALONG THE NORTH LINE OF CENTERBROOK
SUBDIVISION AND ALONG THE NORTH LINE OF JOHNSON ROAD SUBDIVISION
N86054'28"W 1468. 14 FEET TO THE EAST RIGHT-OF-WAY LINE OF GREGG AVENUE
(VARIABLE WIDTH R/W); THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE
FOLLOWING 5 (FIVE) COURSES: NOI '33'44"E 1155.07 FEET; NO3° 16'50"E 300. 17 FEET;
NO2024'45 "E 275.23 FEET; N16°32'02"E 225.44 FEET; N13°03'47"E 20.81 FEET; THENCE,
DEPARTING SAID EAST RIGHT-OF-WAY LINE S87013'50"E 355 .71 FEET TO THE
CENTERLINE OF MUD CREEK; THENCE ALONG SAID CENTERLINE S66°06'23"E
286.59 FEET TO THE INTERSECTION OF THE CENTERLINE OF SCULL CREEK;
THENCE ALONG SAID CENTERLINE THE FOLLOWING 4 (FOUR) COURSES :
S30018' 15 "E 64.39 FEET; S14°36'41 "W 279.70 FEET; S41 °05'46"E 82.27 FEET; S05° 19' 16"E
214.00 FEET; THENCE DEPARTING SAID CENTERLINE S87°08'44"E 739.76 FEET TO
THE POINT OF BEGINNING, CONTAINING 53 .93 ACRES, MORE OR LESS. SUBJECT
TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
> Washington County, AR
i
p tl certify this instrument was filed on
05/23/2008 11 :24:55 AM
•and recorded in Real Estate
File Number 2006-00020802
I, Bette Stamps - Circuit Cie k
V by
Dk p
City of Fayetteville
Staff Review Form n 0�
City Council Agenda Items /<
or �Mnl6
Contracts
2-May-06
�Q City Council Meeting Date
Jeremy Patel Planning Operations
Submitted By Division Department
Action Required:
RZN 06-2008 (CMN II, Phase III, 172/211 ): Submitted by McClelland Consulting Engineers for property located at CMN
Business Park II Phase III, northwest of Van Asche and Steele Boulevard. The property is zoned R-O, Residential Office and
C- 1 , Neighborhood Commercial and contains approximately 53.93 acres. The request is to rezone the subject property to C- 1 ,
Neighborhood Commercial.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Dale Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
De tment director y Date Original Contract Date: nla
Original Contract Number: n/a
City At orney
Received in y ClerkOffice
"Ulm1��0G
FinancA and Internal Service Director Date
Received in Mayor's Office EMBED
Mayor e
Comments:
City Council Meeting of May 02, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: April 13, 2006
Subject: Rezoning for CMN II Phase III (RZN 06-2008)
RECOMMENDATION
Planning Staff recommends approval of rezoning the subject 53 .93-acre property from R-
O to C- 1 .
BACKGROUND
The subject property contains 53.93 acres known as CMN Business Park II Phase III,
located east of Gregg Ave. and north of the proposed extension of Van Asche Dr. The
tract consists of both C- 1 ( 16.73 acres) and R-O (37.20 acres) zoning districts. There are
various surrounding zoning districts, including RSF-4 to the south, R-A to the west and
C- 1 to the east. Mud Creek and Skull Creek traverse the site along the eastern and
northern property lines.
DISCUSSION
This Planning Commission heard the item on April 10, 2006. The Planning Commission
voted 8-0-0 to recommend approval of a rezoning to C-1 to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 06-20083 FOR ,
APPROXIMATELY 53 .93 ACRES, LOCATED
AT CMN BUSINESS PARK II PHASE III,
NORTHWEST OF VAN ASCHE AND STEELE
BOULEVARD, FROM R-O, RESIDENTIAL
OFFICE AND C- 1 , NEIGHBORHOOD
COMMERCIAL TO C- 1 , NEIGHBORHOOD
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-O, Residential Office and C- 1 ,
Neighborhood Commercial to C- 1 , Neighborhood
Commercial, as shown on 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 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHLBIT "All
RZN 06-2008
PHASE III OF THE CMN BUSINESS PARK II TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. SAID PHASE III BEING A PART OF THE NE1 /4 AND
A PART OF THE N1 /2 OF THE SE1/4 ALL IN SECTION 27, TOWNSHIP 17 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID
SECTION 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27 S02`28'46"W
1536.46 FEET TO THE POINT OF BEGINNING; THENCE S02°28'46"W 1107.09 FEET TO AN
IRON PIN FOUND AT THE EAST QUARTER CORNER OF SAID SECTION 27; THENCE
S02028'46"W 167.56 FEET TO A FOUND IRON PIN; THENCE DEPARTING THE EAST LINE
OF SAID SECTION 27 AND ALONG THE NORTH LINE OF CENTERBROOK SUBDIVISION
AND ALONG THE NORTH LINE OF JOHNSON ROAD SUBDIVISION N86054'28"W 1468.14
FEET TO THE EAST RIGHT-OF-WAY LINE OF GREGG AVENUE (VARIABLE WIDTH R/W);
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING 5 (FIVE) COURSES:
N01 033'44"E 1155.07 FEET; NO3'1 6'50"E 300. 17 FEET; NO2°24'45"E 275.23 FEET;
N16032'02"E 225.44 FEET; N13°03'47"E 20.81 FEET; THENCE DEPARTING SAID EAST
RIGHT-OF-WAY LINE S87013'50"E 355.71 FEET TO THE CENTERLINE OF MUD CREEK;
THENCE ALONG SAID CENTERLINE S66006'23"E 286.59 FEET TO THE INTERSECTION OF
THE CENTERLINE OF SCULL CREEK; THENCE ALONG SAID CENTERLINE THE
FOLLOWING 4 (FOUR) COURSES: S30`1815"E 64.39 FEET; S14°36'41 "W 279.70 FEET;
S41005'46"E 82.27 FEET; S05`19'16"E 214.00 FEET; THENCE DEPARTING SAID
CENTERLINE S87008'44"E 739.76 FEET TO THE POINT OF BEGINNING, CONTAINING
53.93 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
Taye e Ie PC Meeting of April 10, 2006
f ARKANSAS
THE CITY OF FAYE77EVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: March 24, 2006
RZN 06-2008 (CMN Il, Phase III, 172/211): Submitted by MCCLELLAND CONSULTING .
ENGINEERS for property located at CMN BUSINESS PARK II PHASE 111, NW OF VAN ASCHE
AND STEELE BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and C- 1 ,
NEIGHBORHOOD COMMERCIAL and contains approximately 53.93 acres. The request is to
rezone the subject property to C- 1 , Neighborhood Commercial.
Owner: MSB PROPERTIES/NANCHAR, INC.
Planner: JESSE FULCHER
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings herein.
PLANNINGCOMMISSIONACT9ION3Requ�redYESM � ; � _11
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gAaFonvarded 'k ❑ Denied
Date ARnl
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�f]1APpro�ed Rsw r CJ Denied
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Date 111�� 2; 2006 ( 1 "'rca�1nz; if recommendedl }s .%i.hr l"'
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BACKGROUND:
Property description: The subject property contains 53 .93 acres known as CMN Business Park II
Phase III, located east of Gregg Ave. and north of the proposed extension of Van Asche Dr. The
tract consists of both C- 1 ( 16.73 acres) and R-O (37.20 acres) zoning districts. There are various
surrounding zoning districts, including RSF-4 to the south, R-A to the west and C- 1 to the east. Mud
Creek and Skull Creek traverse the site along the eastern and northern property lines.
Proposal: The applicant proposes a rezoning of the subject property to C- 1 , Neighborhood
Commercial.
K:tRelvru12006iPC Repoi ulf)4-/0-06tR7.A' 06-2008 (CMA'//_Phase Ot).doc
� 1
Recommendation: Staff recommends approval of the rezoning request. This site is designated as
Community Commercial and Office on the future land use plan, which is consistent with the C- I
zoning district. This project is within the largest area of commercial development in the City and
within the vicinity of major thoroughfares, specifically I-540, Gregg Avenue and Van Asche Drive.
The extension of Van Asche Drive west from CMN Business Park to Gregg Avenue in the near
future will further connectivity and access in this area.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Residential Johnson City Limits
South Residential RSF-4
East CMN Business Park Il C- 1
West Industrial Johnson City Limits
INFRASTRUCTURE:
Streets : The site has access to Gregg Avenue and Van Asche. Gregg is an improved 4-
lane roadway at this point. The improvements on Gregg Avenue are scheduled to
be extended south to Township this year. Van Asche is currently under design to
be extended through this site to connect with Gregg Avenue. A traffic signal is
planned at the Van Asche and Gregg intersection.
Water: Public water is adjacent to the site. There is a 12" waterline running along the
east side of Gregg Avenue for the northern portion of the site. There is also an 8"
main stubbed out at Van Asche on the east side of the property. A study of the
water system may be required by the Engineering Division at the time of
development. Improvements to the water system may be required dependent upon
the demand placed by the future development. Water service will need to be
extended within the property at the time of development.
Sewer: Sanitary sewer is available on the site. There are 16" and 18" sewer lines running
through the site. The future large diameter gravity transmission mains are also
planned to cross the northern part of this site. Sewer service will need to be
extended within the property at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. Scull Creek trail is a planned multi-use trail within the drainage way in
this corridor.
Fire: These 53 .93 acres are covered by Ladder 4 and Engine 4 located at 3385 N
Plainview. The property is 1 .5 miles from the station with an anticipated response
time of 4.75 minutes. Calls for service on commercial re-zonings are not usually
calculated, but typically there should be no adverse effects on our call volume or
K:IReporfs120061PC ReponsW-10-061RZN 06-2008 (CMN 11 Phase !/I).doc
i
i
response time to this development. Measured hydrant flow in the area is 1630
gallons/minute.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services.
LAND USE PLAN: The Future Land Use Plan designates this site for Community Commercial and
Office. Rezoning this property to C- 1 , Neighborhood Commercial is consistent with the land use
plan for this area and the proposed use is compatible with surrounding properties that are similarly
zoned.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed rezoning is consistent with current land use planning objectives
and policies and is compatible with adjacent properties in the same district.
Though the property is adjacent to a single-family residential development to
the south, the proposal would only rezone property north of the planned
extension of Van Asche Drive. Property directly adjacent to the single-family
subdivision to the south is already zoned C-1. The Scull Creek corridor is
identified and planned for a trail corridor. Additionally, there are deed
restricted areas already in place along much of Skull Creek to protect wetlands
and sensitive environments.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is justified in order to promote orderly and consistent
development patterns. The General Plan 2020 identifies the Guiding Policies for
Community Commercial areas as follows:
• Provide centers that are accessible and compatible with adjacent
residential development.
• Limit uses within community commercial areas to those that primarily
serve residents of Fayetteville.
The proposed zoning would be compatible and similar to adjacent land uses to
the east with access to both principal arterial and minor arterial. roads.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
K:IReporiA2006PC Repor/sW4-10-0&kZN 061008 (CMN11_Pha e IU).doc .
l
" i
Finding: Future development with the proposed zoning would potentially increase traffic
accessing onto Gregg Street and Van Asche Avenue (when constructed).
However, the roadways in this area have been designed and/or recently
constructed to accommodate commercial development and access in this area
will be greatly improved with the street extension.
Police It is the opinion of the Fayetteville Police department that an appreciable
increase and traffic danger and congestion will not be created by this rezoning
request.
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 would not substantially alter the population density in the
area. Public service providers have responded accordingly:
Police — This rezoning will not substantially alter the population density thereby
undesirably increasing the load on police services.
Fire — This rezoning is in close proximity to Fire Station No. 4 and has an
adequate response time of approximately five minutes.
Engineering - See Engineering Comments as previously stated in the staff report.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b ( 1 ) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b ( 1 ) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
K.(Reports 12006PC Repo,as104-10-061RZN 06-2008 (CMN 11_Phase /1/).doc
I }
Fayetteville Unified Development Code Three or more e,000 s
Fraternity or Sorority 1 acre
Section 161 .15
District R-O, Residential Office (3) Land area per dwelling unit.
Manufactured home - 3,000 sq. ft.
(A) Purpose. The Residential-Office District is Townhouses & apartments:
designed primarily to provide area for offices No bedroom 1 ,000 sq. ft.
without limitation to the nature or size of the One bedroom 1 ,000 sq. ft.
office, together with community facilities, bedrooms Two or more 1 ,200 sq. ft.
restaurants and compatible residential uses. Fraternity or Sorori 500 sq. ft. per resident
(B) Uses. (D) Density.
( 1 ) Permitted uses. Units per acre 4 to 24
Unit 1 City-wide uses by right
Unit 5 Government facilities (E) Setback regulations.
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings Front 30 ft.
Unit 11 Manufactured home park Front, if parking is allowed between the right- 50 ft.
Unit 12 Offices, studios and related services of-way and the building
Unit 25 Professional offices Side 10 ft.
Side, when contiguous to a residential district 15 ft.
(2) Conditional uses. Rear, without easement or alley 25 ft.
Rear, from center line of public aIle 10 ft.
Unit 2 Ci -wide uses b conditional use permit
Unit 3 Public protection and utility facilities
Unitit Cultural and recreational facilities (F) Height regulations. There shall be no
Unit 13 Eating laces maximum height limits in R-O Districts, provided,
Unit 24 Home occupations however, that any building which exceeds the
Unit 26 Multi-family dwellings height of 20 feet shall be set back with any
Unit 36 Wireless communications facilities boundary line of any RSF or RMF District an
additional distance of one foot for each foot of
(C) Bulk and area regulations. height in excess of 20 feet.
(Per dwelling unit for residential structures) (G) Building area. On any lot, the area occupied
by all buildings shall not exceed 60% of the total
( I ) Lot width minimum. area of such lot.
Manufactured home ark 100 ft. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No.
Lot within a manufactured home 50 ft. 260312-19-80; Ord. No. 2621 , 4-1 -80; Ord. No. 1747, 6-29-70; Code
ark 1991 , § 160.041 ; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178,
Single-family 60 ft. 8-31 -99)
Two-family 60 ft.
Three or more - 90 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq. ft.
ark
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. R
SiMle-family 6,000 sq. ft.
Two-family 6,500 . ft. -
K.tReporul20061PCReportsIO4-10-06IRZV06-2008 (CMN1l PhasellQ.doc
j 2
Fayetteville Unified Development Code
161 .16 District C-1 , Neighborhood
Commercial
(A) Purpose. The Neighborhood Commercial
District is designed primarily to provide
convenience goods and personal services for
persons living in the surrounding residential areas.
(13) Uses.
(1 ) Permitted uses
Unit 1 1 City-wide uses by right
Unit 12 Offices, studios and related services
Unit 13 Eating laces
Unit 15 Neighborhood sho in
Unit 18 Gasoline service stations and drive-in
restaurants
Unit 25 Professional offices
2 Conditional uses.
11 Unit 2 1 City-wide uses by conditional use penrit
Unit 3 Public erotection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
E Setback re ulations.
Front 50 ft.
11 Side None
11 Side, when contiguous to a residential 10 ft.
district
Rear 20 ft.
(F) Height regulations. There shall be no
maximum height limits in C- 1 District, provided,
however, that any building which exceeds the
height of 10 feet shall be setback from any
boundary line of any residential district a distance
of one foot for each foot of height in excess of 10
feet.
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the total
area of such lot.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Cade 1991 , § 160.035; Ord. No. 4100, §2 (Ex. A), 6-
16-98; Ord. No. 4178, 8-31 -99)
K:IReports12006NC Reports 104-10-06MZN 06-2008 (CMN //_Phase lli).doc
Fayetteville Fire
Department
To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher
Thru: Chief Tony Johnson
From: Captain Dale Riggins
Date: April 3, 2006
Re: April 3, 2006 Zoning Review — Fire Department Comments
RZN06-2008
These 53.93 acres are covered by Ladder 4 and Engine 4 located at 3385 N Plainview.
The property is 1.5 miles from the station with an anticipated response time of 4.75
minutes
We do not calculate calls for service on commercial re -zonings, but typically there should
be no adverse effects on our call volume or response time to this development.
Measured hydrant flow in the area is 1630 gallons/minute.
Please feel free to contact me if you have any questions
I®afe Riggins
Dale Riggins
Fayetteville Fire Department
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POLICE DEPARTMENT
This document is in response to the request fora determination of whether the proposed
Rezoning RZN 06-2008 (CMN Business Park 562) submitted by McClelland
Consulting Engineers for property located.at CMN Business Park Phase II Phase III, NW
of Van Asche and Steele Blvd: would substantially alter the population density and
thereby undesirably increase the load on public services or create an appreciable increase
intraffic.danger and traffic congestion.
It is the opinion of the Fayetteville Police Departmentthat this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
policeservices or create and appreciable increase in traffic danger and congestion in the
area:.
Sinceiel
. W iam.Brown .
Captain= Administration
Fayetteville Police.Departnient
FAYETTEVILLE.POLICE DEPARTMENT
100-A WEST ROCK STREET
FAYETTEVILLE,ARKANSAS 72701
(DELIVERIES) POLICE: 100-A WEST ROCK STREET72701
PHONE: 479.587.3555 FAX 479.587.3522
FAYETTEVILLE
TILE CITY OF FAYETTE VI LLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
10: GIS
FROM: !an Gambill, Senior Planning Clerk.
DATE: .
SUBJECT: Legal check. for planning project
113W. Mountain Si.
Fayetteville, AR 72701
Telephone: 479-575-8267
Project Name: P2 -I) OL e 2y 7j &bJ I .Return by. 44T
Parcel: 7 J 5,I J5'773 o 1 to
Plat Page#:!t7.2-2--j
Section: ok
Township:
Range: 3,(7
Current Zoning - j j2-- Q
Proposed Zoning: 'C- I�
Submittal: 1st 2nd 3rd
Closure error / comments:
Closuic caod ; de c-rlPn can1tar\s reciw do + crC1ZA 3
Has the applicant been contacted with requested revisions: YES NO
Checked by: J
Date shape file was created:
SURVEY DESCRIPTION OF AREA TO BE REZONED FROM R -O TO C -I:
A PART OF PHASE III OF THE CMN BUSINESS PARK II TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SAID PHASE III BEING
A PART OF THE NEI/4 OF SECTION 27, TOWNSHIP 17 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE NORTHEAST CORNER OF
SAID SECTION 27; THENCE ALONG THE EAST LINE OF SAID SECTION 27
S02°28'46"W 1536.46 FEET TO THE POINT OF BEGINNING; THENCE
S02°28'46"W 779.63 FEET; THENCE DEPARTING SAID EAST LINE N86°54'28"W
1476.07 FEET TO THE EAST RIGHT-OF-WAY LINE OF GREGG AVENUE
(VARIABLE WIDTH R/W); THENCE ALONG SAID EAST RIGHT-OF-WAY LINE
THE FOLLOWING 5 (FIVE) COURSES: NOI°33'44"E 659.91 FEET; NO3°16'50"E
300.17 FEET; NO2°24'45"E 275.23 FEET; N16°3202"E 225.44 FEET; N13°03'47"E
20.81 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE
S87°13'50"E 355.71 FEET TO THE CENTERLINE OF MUD CREEK; THENCE
ALONG SAID CENTERLINE S66°06'23"E 286.59 FEET TO THE INTERSECTION
OF THE CENTERLINE OF MUD CREEK AND THE CENTERLINE OF SCULL
CREEK; THENCE ALONG THE CENTERLINE OF SCULL CREEK THE
FOLLOWING THE FOLLOWING 4 (FOUR) COURSES S30°18'15"E 64.39 FEET;
S14°36'41"W 279.70 FEET; S41°05'46"E 82.27 FEET; S05°19'16"E 214.00 FEET;
THENCE DEPARTING SAID CENTERLINE S87°O8'44"E 739.76 FEET TO THE
POINT OF BEGINNING, CONTAINING 37.20 ACRES, MORE OR LESS. SUBJECT
TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
EXHIBIT "A°
PROPERTY TO BE REZONED
AS SUB BY THE APPLICANT
iii.
MCEMcCLEI LAND
CONSULTING
DESIGNED TD SERVE ENGINEERS, INC.
To: The City of Fayetteville — Planning Staff
From: McClelland Consulting Engineers
Date: March 03, 2006
Subject: CMN Business Park I1 Phase III
Request for Rezoning
P.O. Box 1229
Fayetteville, Arkansas 72702-1229
479-443-2377
FAX 479-443-9241
Submitted for your review is the request for rezoning of the land currently known as CMN
Business Park II Phase Ill. Currently the 53.93 acres of land is split -zoned; consisting of both C-
1 (16.73 acres) and R -O (37.20 acres) zones. This request for rezoning would convert the
...............
entirety of the property to C-1 Neighborhood Commercial.
The existing property is owned by MSB Properties and Nanchar,Inc (commonly known as the
Steele Sisters). The rezoning of the land to Neighborhood Commercial would allow the property
to be developed with uses compliant with the Neighborhood Commercial Zoning — with emphasis
on Use 15 - Neighborhood Shopping.
District R -O; Residential Office — The purpose of the Residential -Office district is primarily to
provide area for offices without limitatiort to the nature or size of the office, together with
community facilities, restaurants and compatible residential uses.
District C-1; Neighborhood Commercial —The purpose of the Neighborhood Commercial District
is designed primarily to provide convenience goods and personal services for persons living in
the surrounding residential areas.
The regulations of both R -O and C-1 Districts take into consideration both the existing
neighborhoods and future potential for similar construction in the area.
This proposed change in zoning has been discussed with City Staff and it is generally understood
that the proposed use is compliant with both the surrounding land use and the current and
proposed infrastructure in the area (roads, sewer, water, density...).
Please contact me at any time to discuss any questions or concerns that you may have,
Sincerely,
Michael G. M6rqn
McClelland C sulting Engineers
479.443.2377
Mmorgan@McClelland-engrs.com
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AR
K. HARNESS
ORDINANCE NO. 3935 MICROFILMED.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION R95-24 FOR A PARCEL
CONTAINING APPROXIMATELY A TOTAL OF 59.48 ACRES
LOCATED EAST OF GREGG, NORTH OF 71 BYPASS, AND
WEST OF 71 BUSINESS, REQUESTED BY MEL
MILHOLLAND ON BEHALF OF MARJORIE S. BROOKS AND
NANCHAR, INC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: m -n
�W a
Section 1. That the zone classification of the following described property is hereby 0°
changed as follows: n o
o
= p a
R95-24 for the real property described in Exhibit "A" attached hereto and made y 3 rn
a part hereof. C o C) • From A-1,.Agricultural District and R-1 Low Density Residential District, to R- a
O, Residential Office District.
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 7th day of November , 1995.
APPROVED:
By:
Hanna, Mayor
ATTEST:
By:
Traci Paul, City Clerk
90029068
tiLTi.t�uz..;a.
EXHIBIT "A"
AMENDED
LEGAL DESCRIPTION FOR R95-24 Oleo. 3CI35
A part of the NE 1/4, Section 27, T -17-N, R -30-W, and more particularly described as
commencing at a State Monument at the SE corner of said Section 27; Thence along the East
boundary of said Section 27, N 02-28-46 E 1385.54 feet to a point on the North Right -of -Way of
U.S. 71 bypass, and continuing thence along said Right -of -Way N 69-22-49 E 1.56 feet to a point
at the SE corner of Centerbrook Subdivision; Thence along the East boundary of said subdivision
N 02-34-19 E 1088.91 feet to a concrete monument at the NE corner of said subdivision; Thence
along the North boundary of the Centerbrook and Johnson Road Subdivisions N 86-54-28 W
1549.37 feet to the East Right -of -Way of the Arkansas -Missouri Railroad (St. Louis and San
Francisco Railroad); Thence along said railroad Right -of -Way N 01-33-44 E 440.16 feet to the
Point of Beginning: Thence N 01-33-44 E 1528.64 feet, Thence leaving said Right -of -Way S 87-
19-29 E 509.21 feet to the centerline of Mud Creek; Thence along said creek cetnerline S66 -06-
23E 286.59 feet to the intersection of the centerline of Skull Creek; Thence along the centerline
of Skull Creek S 30-18-15 E 64.39 feet, S 14-36-41 W 279.70 feet, S 41-0546 E 82.27 feet, and
S 05-19-16 E 214.00 feet; Thence leaving said creek S 87-08-44 E 739.76 feet along a fence to
the East boundary of Section 27; Thence S 02-28-46 W 834.62 feet, Thence N 86-54-28 W
1553.22 feet to the Point of Beginning, Containing 42.15 acres, more or less.
ALSO
Apart of the SE 1/4 of the NW 1/4 and apart of the SW 1/4 of the NE 1/4, all in Section 26, T-
17 -N, R -30-W, more particularly described as commencing at the State Monument at the
Northwest corner of Section 26; Thence S 87-08-25 E 1316.62 feet, Thence S 02-27-52 W
1320.88 feet to the Southeast corner of the NW 1/4 of the NW 1/4 of said Section 26 which is the
Point of Beginning; Thence along the South boundary of the Spring Park Subdivision S 87-10-11
E 2349.33 to the Right -of -Way of U.S. 71 Bypass and continuing thence along said Right -of -Way
S 02-37-28 E 19.24 feet, Thence N 85-34-53 E 50.00 feet, Thence S 11-20-54 W 89.70 feet,
Thence S 15-17-54 W 70.57 feet, Thence leaving said Right -of -Way N 88-22-21 W 899.32 feet,
Thence S 30-48-54 W 506.30 feet, Thence N 66-09-46 W 1321.74 feet, Thence N 02-14-59 E
16fl3 feet to theroint o a
gtmm�g, onont g 11.33 acres, more or less, all in the City iry of
Fayetteville, Washington County, Arkansas.
A total combined 59.48 acres, more or less, all in the City of Fayetteville, Washington County,
Arkansas.
5.10. q(o LEGAL bESCtktI=TIOtJ COI2I2EGTEb
AtJb FILLEb Ar, COLJWr HOUSE;
96029069
EXHIBIT "A"
wrone
LEGAL DESCRIPTION FOR R95-24 ord. 3935
A part of the NE'A, Section 27, T -17-N, R -30-W, and more particularly
described as commencing at a State Monument at the SE corner of said Section
27; Thence along the East boundary of said Section 27, N 02"28'46" E 1385.54
feet to a point on the_North Right -of -Way of U.S. 71 bypass, and continuing
thence along said Right -of -Way N 69"22'49" E 1.56 feet to a point at the SE
corner of Centerbrook Subdivision; Thence along the East boundary of said
subdivision N 02°34'19" E 1088.91 feet to a concrete monument at the NE corner
of said subdivision; Thence along the North boundary of the Centerbrook and
Johnson Road Subdivisions N 86"54'28" E 1549.37 feet to the East Right -of -Way
of the Arkansas -Missouri Railroad (St. Louis and San Francisco Railroad); Thence
along said railroad Right -of -Way N O1"33'44" E 440.16 feet to the Point of
Beginning: Thence N 01`3344" E 1528.64 feet; Thence leaving said Right -of -
Way S 87° 19'29" E 509.21 feet to the centerline of Mud Creek; Thence along the
centerline of Skull Creeks 30018 15" E 64.39 feet S 1436'41" W 279.70 feet,
S 41"05'46" E 82.27 feet, and S 05"19'16" E 214.00 feet; Thence leaving said
creek S 87'08'44" E 739.76 feet along a fence to the East boundary of Section
27; Thence S 02'28'46" W 834.62 feet, Thence N 86"54'28" W 1553.22 feet to
the Point of Beginning, Containing 42.15 acres, more or less.
ALSO:
A partof the SE'k of the NW'b and a part of the SW A of the NE'A, all in
Section 26, T -17-N, R -30-W, more particularly described as commencing at the
State Monument at the Northwest corner of Section 26; Thence S 87"08'25" E
1316.62 feet, Thence S 02"27'52" W 1320.88 feet to the Southeast corner of the
NW'A of the NW'A of said Section 26 which is the Point of Beginning; Thence
along the South boundary of the Spring Park Subdivision S 87 10' 11 E 2349.33
to the Right -of -Way of U.S. 71 Bypassand continuingthence along sais . t_of_
Way S 02'37'28" E 19.24 feet, Thence N 87"34'53" E 50.00 feet, Thence S
11°20'54" W 89.70 feet, Thence S 15"17'54" W 70.57 feet, Thence leaving said
Right -of -Way N 88"22'21" W 899.32 feet, Thence S 30"48'54" W 506.30 feet,
Thence N 66"09'46" W 1321.74 feet, ThenceN02°14'59" 02"14'59" E 162.63 feet to the
Point of Beginning, Containing 17.33 acres, more or less, all in the City of
Fayetteville, Washington County, Arkansas.
A total combined 59.48 acres, more or less, all in the City of Fayetteville,
Washington County, Arkansas.
95062333
ajI
MINUTES OF A SPECIAL MEETING OF THE
PLANNING COMMISSION
A special meeting of the Fayetteville Planning Commission was held on Monday, August 7, 1995, at 1:00 p.m.
in the City Administration Building, 113 W. Mountain St., Fayetteville, Arkansas.
MEMBERS PRESENT: Jerry Allred, John Harbison, Phyllis Johnson, Charles
Nickle, and Conrad Odom '
MEMBERS ABSENT: Jana Lynn Britton, John Forney, Gary Head, Bob
Reynolds
STAFF PRESENT: Alett Little, Don Bunn, Mandy Bunch, Perry Franklin,
Charles Venable, Beth Sandeen, and Janet Johns
OLD BUSINESS
REZONING R95-24 - MARJORIE S. BROOKS AND NANCHAR, INC.
MILHOLLAND - E OF GREGG, N OF US 71 BYPASS, W OF SKULL CREEK,
S OF MUD CREEK
This item was submitted by Milholland Engineering on behalf of Marjorie S. Brooks and NANCHAR, Inc. for
property located east of Gregg Street, north of US 71 Bypass, west of Skull Creek, and south of Mud Creek. The
request was to rezone 38.10 acres from R-1, Low Density Residential to C-2, Neighborhood Commercial.
REZONING R95-25 - MARJORIE S. BROOKS AND NANCHAR, INC
MILHOLLAND - E OF SKULL CREEK, N OF 71 BYPASS, W OF US 71B, S OF CLEAR CREEK
This item was submitted by Milholland Engineering on behalf of Marjorie S. Brooks and NANCHAR, Inc. for
property located east of Skull Creek, north of US 71 Bypass, w of US 71B, and south of Clear Creek. The request is
to rezone 271.67 acres from A-1, Agricultural to C-2, Thoroughfare Commercial.
Staff asked the Planning Commission to make a determinations as follows:
L The degree to which the proposed zoning is consistent with land use planning objectives
principles, and policies and with land use and zoning plans;
2. Whether the proposed zoning is justified and/or needed at the time the rezoning
is proposed;
3. Whether the proposed zoning would create or appreciably increase traffic danger
and congestion;
4. Whether the proposed zoning would alter the population density and thereby
undesirable increase the load on public facilities including schools, water, and
sewer facilities.
5. If there are reasons why the proposed zoning should not be approved in view of
• considerations above, a determination as to whether the proposed zoning is justified and/or
necessitated by peculiar circumstances such as would it be impractical to use
the land for any of the uses permitted under its existing zoning or are there extenuating
circumstances which justify the rezoning.
Regarding R95-24, staff recommended R -O zoning for the subject parcel.
PM
Planning Commission Minutes
August 7, 1995
Page 2
Regarding R95-25, staff recommended that a portion of the tract north of Mud Creek as well as that portion of the
tract contained in Section 23 and 26 of Township 17N, Range 30W be rezoned C-2 and the balance of the property
be rezoned R -O.
Ms. Johnson stated the meeting was informational and therefore no public comment would be taken.
Ms. Little stated after the July l0, 1995 meeting there were a number of requests for additional information
including a traffic study, transition zoning, design standards proposed, justification for changing the 2010 Plan, and
whether or not to do a mixed use development, and information on the intensity of the use. She stated Ms. Johnson
had requested a map showing the relative location of the parcel with regard to other areas of the city and presented
same. Discussion of the map ensued.
Ms. Bunch gave an overview of the Joyce Street extension project. She discussed the mall expansion, development
of the Spring Creek Center, and cost share allocations. She stated the Joyce Street project would cost in excess of
$1 million, divided between the City (61%) and developer (39%). Further she stated the Clary and Rouse Company
which owns the mall would cost sharing for construction of two lanes of the Joyce Boulevard extension to Gregg
Street. Mud Creek bridge will receive 80% federal funds with Rouse and Clary sharing 39% for construction of two
lanes. She stated two tracts had been acquired for the extension and other land owners were being contacted for
right of way through their property. Discussion ensued. Ms. Bunch stated there would be five lanes at the western
boundary of Spring Creek Center which was proposed to extend to the Johnson city limits and at that point Joyce
would become a four lane divided boulevard.
Discussion ensued regarding Shephard Lane and Ms. Bunch stated a light would be installed at that location and is
being 100% funded by the mall and Northwest Village. Further Ms. Bunch stated there would dual turn lanes at
Shephard Lane and at Joyce.
Mr. Franklin stated a joint radio traffic system was being installed which would coordinate the traffic in the subject
area including Main Street, Zion Road, Shephard Lane, Joyce Street, and Mall Avenue. Discussion ensued
regarding the capabilities of the subject radio traffic light system.
Ms. Johnson inquired regarding a proposed "fly over" south of the mall. Mr. Venable stated this was put under the
Transportation Improve Program (TIP) and there were three scenarios. He stated it was included in the City's 5
year program but he was not certain what the Highway Department's position regarding same was. Discussion
ensued. Mr. Venable stated dialogue would be pursued regarding same and Ms. Little requested as much
information as possible be provided to the Commission prior to the next meeting regarding the subject rezoning.
Mr. Milholland commented he had spoken to the Highway Department and all they had was an aerial photograph
with red ink marking the proposed location of the "fly over." Regarding an exit ramp from the "fly over", Mr.
Milholland stated the Highway Department stated it was possible but not practical due to elevation.
Ms. Little stated Mall Lane was prohibited from tying in due to the location of the creek.
Ms. Bunch stated there had been a requested to place the Gregg Street widening project as the top priority to get
funding for same. She stated cost share would be 80%/20% on construction from 2 lanes to 4 lanes. Mr. Allred
stated part of the road at Mud Creek would be relocated. Discussion ensued regarding creeks in the subject area.
Mr. Milholland presented two maps showing the subject tract and phases of proposed development. Discussion
ensued regarding creek locations, development phases, percent of land in the flood way, total acreage per phase, and
natural buffer dedication between the surrounding residential zones. Regarding cooperation between the adjoining
a1j
Planning Commission Minutes
August 7, 1995
Page 3
residential zones and the developers, Mr. Milholland stated they would provide a 20 feet natural buffer on the east
side of Centerbrook, north side all the way to Gregg would have a 15 feet buffer, and along the eastern boundary of
Lenham Heights there would be a 15 feet buffer. Further he stated, they would provide the required wall on the
commercial side of the buffer. Discussion ensued.
Mr. Milholland stated the adjoining property owners were given a line item veto on use units allowed under C-2
zoning. Discussion ensued.
Mr. Irwin stated they had initially approached the Planning Department to coordinate efforts and achieve a
consensus regarding the development of the subject area. He further stated construction of the street infrastructure
might limit the type of uses they could do and maintain economic feasibility.
Discussion ensued regarding Shiloh Drive and traffic flow and the Master Street Plan.
Mr. Irwin stated the flood way area would be donated to parks and by subtracting additional acreage for roads and
buffers there would only be 250 acres for C-2 development. He stated Phase I would contain large retail and hotel
uses, Phase II would contain offices and mixed uses, Phases III and IV would be retail. He further stated Phase I
would be completed in a 2 year time frame and subsequent phases would be developed in 1995 to 2002 with Phase
IV completed by 2005. He stated the developer would be economically limited to office and retail. Discussion
ensued and Mr. Irwin stated there would be 2 million square feet of building area in the entire project.
Mr. Peters gave a traffic engineering report. He stated there were opportunities to coordinate with the Highway
Department to ensure the best access is provided through the area during development. Further he stated there were
several options regarding the "fly over" and ramps which prevented the developer from setting aside land but
options could be pursued to dove tail with future improvements. Discussion ensued regarding the various proposed
options. He stated that if the fly over were constructed the bridge to Shiloh would not go anywhere but the effect of
the Shiloh connection would be taken care of via an alternate route.
Mr. Peters stated the preliminary numbers of traffic in a I million square feet mixed use development would be
about 40,000 vehicles per day at build out. Mr. Allred inquired when they projected they would reach build out and
Mr. Peters stated it would be in 10 to 15 years. Discussion ensued.
Mr. Irwin stated the infrastructure expense to the City would be in the $4 to $6 million range which would easily be
generated in sale tax base.
Discussion ensued traffic generation and Mr. Peters stated the mall would generate 50% of the traffic and Spring
Creek would generate 25% and NANCHAR would generate 25%.
Ms. Little requested that a chart be provided which showed the trip generations compared to usage.
Mr. Nickle inquired if the plans as presented would handle the traffic and Mr. Peters stated those numbers were
fluid and a more complete study was in process. Discussion ensued regarding when the complete study would be
ready and Mr. Peters stated more information was needed regarding fly over and diamond accesses. He stated he
planned to contact Mr. Venable regarding cooperation between the City and the Highway Department for
improvements.
Mr. Peters stated the developer was prepared to build what was necessary to handle the traffic problems and provide
access to the subject property.
Mr. Irwin urged the Commissioners to reach a consensus regarding a general direction of development for the
Planning Commission Minutes
August 7, 1995
Page 4
subject tract. Mr. Nickle cautioned that a some point in the future the Master Street Plan would need to be amended
to reflect the agreed upon deviation from same.
Mr. Irwin stated he would be willing to give the right of way for 5 lanes with 4 lane bridges. Discussion ensued and
Mr. Allred stated those were issues to be addressed during the development stage.
Ms. Little delineated the staff recommendations and she stated the 2010 Plan did show about 2/3 of the subject area
in residential use and she stressed that residential use included R -O zoning: She stated North Hills Medical Park
was developed in R -O. She stated the area south of Spring Creek would be the more limited type development. She
urged the Commission to consider whether or not 2 million square feet could be accommodated. Regarding the
Lenham Height and Centerbrook agreements, she stated same provided very limited uses. She stated she was
comfortable with the C-2 north of Mud Creek and R -O west of Skull Creek. Ms. Little stated C-2 would be required
for a large hotel and the "big box" retail buildings.
Ms. Little stated she would provide a chart showing use units and coverage limitations involved with C-2 and R -O.
Discussion ensued regarding the agreements with Lenham Heights and Centerbrook and whether those restrictions
made the uses more in line with C-1.
Discussion ensued regarding postponing discussion until the August 28, 1995 meeting and Mr. Milholland stated he
would voluntarily withdraw same under the condition they be first on the agenda for that meeting.
Ms. Little stated street alignment issues needed to be explored and engineered.
Mr. Nickle requested the staff to compare the use units of C-2, C -I and R -O.
Mr. Odom requested the developer contact the Park's regarding dedication of the flood way area.
Ms. Little requested information from the developer on a unified design theme.
Meeting adjourned a 2:35 p.m.
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission was held on September U, 1995 at 5:30 p.m. in the City
Administration Building, 113 West Mountain, Room 219, Fayetteville, Arkansas.
MEMBERS PRESENT: Jerry Allred, Jana Lynn Britton, John Forney, John
Harbison, Gary Head, Phyllis Johnson, Charles Nickle,
Conrad Odom, and Bob Reynolds
STAFF PRESENT: Alett Little, Don Bunn, Janet Johns, and Rich Lane.
APPROVAL OF MINUTES
The minutes of the Planning Commission meeting of August 28, 1995 were amended to reflect Mandy Bunch under
staff present. Minutes were approved as corrected.
OLD BUSINESS
REZONING R95-24 - NANCHAR AND MARJORIE S. BROOKS
E OF GREGG ST, N OF US71 BYPASS, W OF 71 BUSINESS
The first item on the agenda was the request was to rezone 38.10 acres from R- I, Low Density Residential, to C-2,
Thoroughfare Commercial.
REZONING R95-25 - NANCHAR AND MARJORIE S. BROOKS
E OF GREGG ST, N OF US71 BYPASS, W OF 71 BUSINESS
In conjunction with R95-24, the next item on the agenda was the request was to rezone 271.67 acres from A -I,
Agricultural, to C-2, Thoroughfare Commercial.
The requests were amended as follows:
REZONING R95-24 - NANCHAR AND MARJORIE S. BROOKS
E OF GREGG ST, N OF US71 BYPASS, W OF 71 BUSINESS
The amended request was to rezone approximately 59.48 acres from A-1, Agricultural and R- 1, Low Density
Residential to R -O, Residential Office.
REZONING R95-25 - NANCHAR AND MARJORIE S. BROOKS
E OF GREGG ST, N OF US71 BYPASS, W OF 71 BUSINESS
The amended request was to rezone 10.61 acres from A -I Agricultural to C -I, Neighborhood Commercial and
30.07 acres from A -I, Agricultural and R -1, Low Density Residential to C-1, Neighborhood Commercial with
restrictions totaling 40.68 acres.
REZONING R95-25.1 - NANCHAR AND MARJORIE S. BROOKS
E OF GREGG ST, N OF US71 BYPASS, W OF 71 BUSINESS
The amended request was to rezone 200.62 acres from A -I, Agricultural to C-2, Thoroughfare Commercial and
8.99 acres from A -I, Agricultural to C-2, Thoroughfare Commercial with restrictions totaling 209.61 acres.
As a result of meetings with the developer's representatives and public hearings, both the developer and staff
revised their positions and staff now recommends in favor of the amended requests.
Minutes of Planning Commission Meeting
September 11, 1995
Page 2
Discussion ensued regarding the amount of acreage actually being rezoned.
Ms. Little stated there was 84.04 acres of C-2 north of Mud Creek, 8.09 acres of C-2 with restrictive covenants west
of the road, 6.07 acres of C-2 west of the road and north of Mud Creek, 91.28 acres of C-2 south of Mud Creek,
9.17 acres of R -O north of Mud Creek, 8.07 acres of C -I northwest of the road, 19.75 acres of C -1 southwest of the
road, 11.19 acres of R -O west of the road and east of Skull Creek, 24.35 acres of R -O west of Skull Creek, and 8.16
acres of C- I west of Skull Creek. She stated total flood way within the Fayetteville city limits was 37.72 acres and
the balance of the flood way was located in Johnson city limits. Ms. Little stated there was a total of 44 acres of R-
0.
Discussion ensued regarding flood way acreage.
Additionally, Ms. Little stated she had received numerous calls from residents of Centerbrook Subdivision as well
as Lenham Heights Subdivision expressing interest in the amended request and amended staff recommendation.
She stated the callers wanted to make sure the Bills of Assurance and agreements with the developer would be
upheld. Ms. Little stated that although one of the areas were changed from a C-2 request to a C -I request this made
uses more restrictive than the negotiated agreements between the residents and developers. She stated the residents
requested that neither restaurants nor service stations be allowed adjacent to their properties and those were
excluded under the Bills of Assurance.
Ms. Little requested revised traffic information prior to the Council meeting if the subject rezonings were approved
Ms. Little stated that since no decisions were to be made on street locations, she had requested street alignments be
stricken from the chart. She stated the acreage for street right of way had not been taken off because street decisions
were not being considered.
Ms. Little stated the area north of Mud Creek and south of Spring Creek Park had access difficulty and now staff
recommended an R -O zone allowing large, multi -story office buildings located in a park like setting. To the south,
she stated there was a large area of C-2 which had some traffic problems with ingress and egress but was slated to
be developed as hotel uses which generated about 1/4 of the traffic that a retail establishment would generate which
should be handled at large scale development. She stated the orange area was designated as C-1. She stated staff
had recommended R -O in the orange area but with proper street placement, neighborhood commercial could be
compatible with the area and would allow for smaller scale retail uses but disallow duplex development which was
objected to by the surrounding neighborhood groups. Further she stated R -O would not allow for the large box
retail, malls, or hotel type uses. She stated R -O was the remaining balance of the area on the west side of the
property which would allow a mix of residential and office uses. She stated since Gregg Street had not been
updated the R -O zone with its less intense type uses would be appropriate for the area than a commercial zone. She
stated the applicant did not plan to develop as residential. North of Mud Creek was recommended C-2 which is best
suited due to the routes of ingress and egress. The area adjoining Lenham Heights had a restrictive Bill of
Assurance.
Ms. Little stated the street locations would be addressed at large scale development phase. Discussion ensued
regarding proposed street connections and designation of same on the conceptual map.
Discussion ensued regarding a letter submitted by Lois Imhoff who expressed concern regarding the school district
boundaries between Fayetteville and Springdale and tax monies generated for county wide taxes and school
millages. Ms. Little stated all sales tax goes to the city of Fayetteville.
Discussion ensued regarding the C-2 hotel zone area. Ms. Little stated it was a visible, high profile area which
Minutes of Planning Commission Meeting
September 11, 1995
Page 3
would lend itself to hotel development but there was a problem with limited ingress and egress.
Ms. Britton inquired that if any part of the property to be rezoned to R -O, would housing be a use by right and Ms.
Little stated R -O would allow single family residences and duplexes as use by right.
Ms. Johnson inquired regarding Van Asche connecting to the west part of the subject property and Mr. Milholland
stated it connected near the middle of the C -I zone. Ms. Little stated a Van Asche connection was paramount due to
the connection at the bypass and it is also the northern most line of the city limits of Fayetteville.
Ms. Britton inquired regarding whether or not there were three rezonings, one for C-2, one for R -O, and one for C -I
and Ms. Little stated they were grouped in that manner for simplicity and to detail total acreage per zone.
Ms. Britton stated she felt this was a too intensive use for the subject area and further stated she would like to see
residential development.
MOTION
Mr. Nickle made a motion to approve RZ95-24 rezoning 44.71 acres to R -O.
Mr. Head seconded the motion.
Upon roll call, the motion passed with a vote of 7-2-0. Ms. Britton and Mr. Forney voted against the motion.
MOTION
Mr. Head made a motion to approve RZ95-25 rezoning 36.69 acres to C-1.
Mr. Allred seconded the motion.
Ms. Britton stated she had requested C-1 zoning but configuration of the subject proposal had the potential to
contribute to strip development.
Ms. Little stated a Bill of Assurance had been offered and accepted on a portion of the C-i limiting uses by right.
Upon roll call, the motion passed with a vote of 7-2-0. Ms. Britton and Mr. Forney voted against the motion.
MOTION
Mr. Reynolds made a motion to approve RZ95-25.1 rezoning 190.65 acres to C-2
Mr. Head seconded the motion.
Ms. Little stated a Bill of Assurance had been offered and accepted on a potion of the C-2 limiting uses by right.
Upon roll call, the motion passed with a vote of 6-3-0. Ms. Britton, Mr. Forney, and Mr. Harbison voted
against the motion.
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Clarice Pearman - Ords. 4867 4868, 4869'4870 & 4871 _ Page 1 -
From: Clarice Pearman
To: Pate, Jeremy
Date: 5.8.06 11:42AM
Subject: Ords. 4867, 4868, 4869, 4870 & 4871
Jeremy,
Attached are copies of the above ordinances passed by City Council, May 2, 2006.
Thanks.
Clarice
CC: Audit; GIS
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4869
Was inserted in the Regular Editions:
May 25, 2006
ORDINANCE NO. 4809
Publication Charge: $155.30 AN ORDINANCE REZONG THAT PROPERTYlayeVle
DESCRIBED IN REZONING PETITION RZN 062005NIFOR APPRNEIMAPARY 53.93 ACRES, NORATED STOF V BUSINESS PADS II, LE BO III. NORTHWEST
,FROMOFVAN ASCHE STEEANDULEVARIG FROM S
R-0. RESIDENTIAL OFFICE AND C-1, NEIGHBOR -
Subscribed and worn to before me HOOD COMMERCIAL TO C-1, NEIGHBORHOOD
Thida Y of� 296. COMMERCIAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE
/ 1 M ARNANSA&
Y 1Seclion 1: That the zone classification of the following described properly Is hereby changed as I0F
lows:
Notary
Publi From R -O, Residential Office and C-1, Neighborhood Commercial to C-1, Neighborhood
ConmerU91, as shown on Exhibit 'A' attached hereto and made a part hereof.'
Section 2: That the official zoning map of the City of Fayetteville, Mkensas Is hereby amended to
-* reflect.the zoning change provided In Section 1 above.. »�_ �' r
Sharlene D. Williams
NDta Public I PASSED and APPROVED this 2nd day, M May, 2006.
My Commission F ArkansAPPROVED: #-. By: EST:
as
My Commission Expires I DAN COODY. Mayor SONORA SMITH$ Chy Clerk
EXHIBIT °A'
October 18, 2014 RZN 08-2008
PHNNGTON COUF4-
NNOTENN Please do not pay from Allldav TY,A KE IANSAS SAID PHASE IE CMN E BEIING ASS PARK IIPA OF ENE1/4A TO THE CIIY OF D AI PART OF THLLE, IEN 1/2 OFT E
` SE1/4 ALL IN SECTION 27, TOWNSHIP 17 NORM, RANGE 30 WEST, WASHINGTON COUNTY,
Invoice will be sent.
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIN FOUND AT THE NORTHEAST CORNER OF SAID SECTION 27;
OF SAID SECTION 27; THENCE S02°28'46W 167.56 FEET TO A FOUND
SION N86°54'28W 1468.14 FEET TO THE EAST RIGHT-OF-WAY LINE OF GREGG AVENUE
ABLE WIDTFh RW); THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING 5
COURSES: N01°3344E 1155.07 FEET; NO3°16.50 -E 300.17 FEET; NO2°2445E 275.23
N16°3ZOZ'E 225.44 FEET; N13'03'4TE 20.81 FEET; THENCE DEPARTING SAID EAST RIGI
64.39 FEET, S14°3641 W 279.70 FEET; 541 °05'46'E 82.27 Fl
DEPARTING SAID CENTERUNE S87°0B'44'E 739.76 FEET
TAINING 53.93 ACRES, -MORE OR LESS. SUBJECT TO
RESTRICTIONS OF RECORD OR FACT.