HomeMy WebLinkAbout2001-09-24 - Agendas - Final AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday, September 24,2001 at
5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219,Fayetteville,
Arkansas.
The following items will be considered:
Approval of minutes from the August 24,2001 meeting.
Consent Agenda:
6. ADM 01-40.00: Administrative Item (Dahms-Shared Parking Agreement, pp 484)was
submitted by Terry Dahms of Signet Financial Corporation for property located at 207 W.
Lafayette. The property is zoned R-O, Residential Office and contains approximately 7,225
sq.ft. The request is for approval of a shared parking agreement with University Baptist Church
for 6 parking spaces to accommodate the proposed use of this building as office (1050 sq.ft.)
With one residential unit(450 sq.ft.).
New Business:
1. Growth in Arkansas prepared by University of Arkansas at Little Rock Institute of
Government. Presentation by Mr.Hugh Earnest and Ms. Cindy Boland.
2. RZN 01-16.00: Rezoning (Lot 11 Millennium Place,pp 177)was submitted by Ronnie Ball
on behalf of William Lazenby for property located at the southwest corner of Millennium Drive
and Crossover(Hwy 265). The property is zone C-1,Neighborhood Commercial and contains
approximately 0.70 acres. The request is to rezone to C-2, Thoroughfare Commercial.
3. RZN 01-17.00: Rezoning(Beard/Center, pp 599)was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located on southeast corner of 151 Street and Beechwood Avenue.. The property
is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 12.13 acres. The
request is to rezone to R-2, Medium Density Residential.
4. RZN 01-18.00 Rezoning (Beard/Center, pp 598) was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located on the southwest corner of 15"' Street and Beechwood Avenue. The
property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 19.39
acres. The request is to rezone to R-2, Medium Density Residential.
5. RZN 01-19.00 Rezoning (Beard/Center, pp 599)was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located south of 15' Street between Beechwood Avenue and Razorback Road.
The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 9.86
acres. The request is to rezone to C-2, Thoroughfare Commercial.
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other
pertinent data are open and available for inspection in the Office of City Planning(575-8264),City Administration Building,
113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or
TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to
request an interpreter,please call Don Bunn at 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item- Chairman
B. Presentation of request-Applicant
C. Public Comment
D. Response by Applicant/Questions&Answer with Commission
E. Action of Planning Commission(Discussion and vote)
-- NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item,raise your hand when the
Chairman asks for public comment. He will do this after he has given Planning Commission
members the opportunity to speak and before a final vote is taken. Public comment will only be
permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give your
name and address. Address your comments to the Chairman,who is the presiding officer. He
will direct them to the appropriate appointed official, staff member or others for response. Please
keep your comments brief, to the point, and relevant to the agenda item being considered so that
everyone has a chance to speak.
Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the
Planning Commission.
2001 Planning Commissioners:
Bob Estes- Chairman
Lorel Hoffinan-Vice Chairman
Lee Ward-Secretary
Nancy Allen
Don Bunch
Sharon Hoover
Don Marr
Loren Shackelford
Alice Bishop
f
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday, September 24,2001 at
5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219,Fayetteville,
Arkansas.
The following items will be considered:
Approval of minutes from the August 24,2001 meeting.
Consent Agenda:
6. ADM 01-40.00: Administrative Item (Dahms-Shared Parking Agreement, pp 484)was
submitted by Terry Dahms of Signet Financial Corporation for property located at 207 W.
Lafayette. The property is zoned R-O, Residential Office and contains approximately 7,225
sq.ft. The request is for approval of a shared parking agreement with University Baptist Church
for 6 parking spaces to accommodate the proposed use of this building as office (1050 sq.ft.)
With one residential unit(450 sq.ft.).
New Business:
1. Growth in Arkansas prepared by University of Arkansas at Little Rock Institute of
Government. Presentation by Mr.Hugh Earnest and Ms. Cindy Boland.
2. RZN 01-16.00: Rezoning (Lot 11 Millennium Place, pp 177)was submitted by Ronnie Ball
on behalf of William Lazenby for property located at the southwest corner of Millennium Drive
and Crossover(Hwy 265). The property is zone C-1, Neighborhood Commercial and contains
approximately 0.70 acres. The request is to rezone to C-2, Thoroughfare Commercial.
3. RZN 01-17.00: Rezoning (Beard/Center, pp 599) was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located on southeast corner of 15'h Street and Beechwood Avenue.. The property
is zoned I-1,Heavy Commercial/Light Industrial and contains approximately 12.13 acres. The
request is to rezone to R-2,Medium Density Residential.
4. RZN 01-18.00 Rezoning (Beard/Center, pp 598) was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located on the southwest corner of 15`h Street and Beechwood Avenue. The
property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 19.39
acres. The request is to rezone to R-3, High Density Residential.
5. RZN 01-19.00 Rezoning(Beard/Center, pp 599)was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located south of 15`h Street between Beechwood Avenue and Razorback Road.
The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 9.86
acres. The request is to rezone to C-2, Thoroughfare Commercial.
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other
pertinent data are open and available for inspection in the Office of City Planning(575-8264),City Administration Building,
113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or
TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to
request an interpreter,please call Don Bunn at 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item- Chairman
B. Presentation of request- Applicant
C. Public Comment
D. Response by Applicant/Questions &Answer with Commission
E. Action of Planning Commission(Discussion and vote)
--- NOTE-TO MEMBERS OF THE AUDIENCE —
If you wish to address the Planning Commission on an agenda item,raise your hand when the
Chairman asks for public comment. He will do this after he has given Planning Commission
members the opportunity to speak and before a final vote is taken. Public comment will only be
permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give your
name and address. Address your comments to the Chairman, who is the presiding officer. He
will direct them to the appropriate appointed official, staff member or others for response. Please
keep your comments brief,to the point, and relevant to the agenda item being considered so that
everyone has a chance to speak.
Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the
Planning Commission.
2001 Planning Commissioners:
Bob Estes - Chairman
Lorel Hoffman -Vice Chairman
Lee Ward - Secretary
Nancy Allen
Don Bunch
Sharon Hoover
Don Marr
Loren Shackelford
Alice Bishop
Addendum to Planning Commission Agenda Packet
for September 24,2001
Replace Agenda
Replace 3.3 with 3.3a
Replace 3.12 with 3.12a
Replace 4.1-4.9 with 4.1a-4.7a
Add 6.12a& 6.12b
SURROUNDING LAND USE AND ZONING
North: Baum Baseball Stadium/Tyson Indoor Track Complex, I-1
South: Vacant, R-2
East: Vacant, I-1
West: Vacant, I-1
INFRASTRUCTURE:
Access to this site is from 15' Street. Razorback Road and Beechwood Ave. are also close to the
subject property and will provide access to the general area. All nearby streets are designated on
the City's adopted Master Street Plan as principal arterials or collectors.
Water: 8"line on east side of Razorback Rd.
Sewer: 10" line along 15' Street(Hwy 16)
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-3, High Density Residential is consistent with the land use plan. A designation of R-2,
Medium Density Residential, is more compatible with surrounding land uses in the area.
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 zoning is not consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. This area is
designated Mixed Use on the City's adopted Future Land Use plan. The
surrounding properties are largely undeveloped. Nearby uses include
University facilities and single family homes to the south which are located
within the R-2 district.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Unable to make finding without additional information regarding a proposed
development and its impact on surrounding properties. It is not known even
H.IUSERSICOMMOMDA WNTIREPORTSIPC19-24-01 OEARDCENTER R2.DOC
Planning Commission
September 24, 2001
RZN01-17 Beard/Center
Page 3.3a
RZN01-17,18,19A BEARD / CENTER
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0 125250 500 750 1,000 September 24, 2001
Feet fZN01-17Beard/Center
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St..
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: September 24, 2001
RZN 01-18.00 Rezoning (Beard/Center, pp 598) was submitted by Bill McClard of Lindsey &
Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III for
property located on the southwest corner of 15`h Street and Beechwood Avenue. The property is
zoned I-1, Heavy Commercial/Light Industrial and contains approximately 19.39 acres. The
request is to rezone to R-2, Medium Density Residential.
RECOMMENDATION:
Staff recommends approval of this rezoning request based on the findings included as part
of this report.
PLANNING CDI9IMISSI0N-ACTION:; Repaired YES
OApproved, " O,Denied"
Date. September 24;2001
CITY COUNCIL ANION Requir-ed. "" .YES"
O;Approved:
Comments:
BACKGROUND:
The subject property is currently vacant and is located on the south side of 15" Street between
Beechwood Ave. and Razorback Road. Property to the south, east and west is currently
undeveloped and there are University of Arkansas sports facilities to the north (Tyson Indoor
Track Complex and Baum Baseball Stadium). A creek with related floodplain adjoins the
subject property to the south and east.
The major intersection of Razorback Road and 15" Street(Hwy 16) east of this location is the
site of a variety of uses. The University has developed a large sports complex on the north side
of 15d' Street and just recently the southeast corner of the intersection has been established as an
RV park for Razorback fans. The northeast corner, east of the Swanson plant(formerly Vlasic
and Campbell Soup)now contains a large parking lot, also developed by the University. The
owner of the property under consideration for this rezoning request holds and will still hold the
vacant tract at the southwest corner of the intersection which is proposed to be split from the
subject property.
Razorback Rd. is designated a principal arterial on the City's adopted Master Street Plan.
Fifteenth Street (Hwy 16) is designated a principal arterial east of this intersection and a collector
west of the intersection. Razorback Road between I-540 and 15' Street is a 5 lane section which
is relatively new. North of this intersection, Razorback Road narrows to 2 lanes. Fifteenth Street
is a 4 lane road east of the intersection and a 2 lane road west, including the area directly adjacent
to the subject property.
Utilities are available to the site and would have to be extended by the developer upon approval
of a project. Extension of main lines and sizing of utilities are reviewed at the time of
development review. A lot split to create this tract as well as a large scale development will have
to be processed in order for this property to be developed commercially as proposed by this
applicant.
Medium Density Residential (R-2) zoning is compatible with residential properties to the south
of the subject tract and will allow for a total of 465 residential units. There is a subdivision in
this area which is developed with mostly single family homes and is zoned R-2,Medium Density
Residential.
This area has been changed by development of properties by the University of Arkansas.
Residential zoning is applicable in this location. An R-2 designation, which is in keeping with
H.IUSERSICOMMOMDA WN718EPOR7SWCI9-24-OIIBEARDCENTER_R2(19AC).DOC
Planning Commission
September 24, 2001
RZNOI-I8 Beard/Center
Page 42a
surrounding residential areas is appropriate and provides flexibility in the type as well as the
density of residential development for this site.
SURROUNDING LAND USE AND ZONING
North: Baum Baseball Stadium/Tyson Indoor Track Complex, I-1
South: Vacant, R-2
East: Vacant, I-1
West: Vacant, I-1
INFRASTRUCTURE:
Access to this site is from 15" Street. Razorback Road and Beechwood Ave. are also close to the
subject property and will provide access to the general area. All nearby streets are designated on
the City's adopted Master Street Plan as principal arterials or collectors.
Water: 8" line on east side of Razorback Rd.
Sewer: 10"line along 15'h Street(Hwy 16)
LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property
to R-2, Medium Density Residential is consistent with the land use plan and compatible with
surrounding land uses in the area.
FINDINGS OF THE STAFF
I. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. This area is
designated Mixed Use on the City's adopted Future Land Use plan. The
surrounding properties are largely undeveloped. Nearby uses include
University facilities and single family homes to the south which are located
within the R-2 district.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Unable to make finding without additional information regarding a proposed
development and its impact on surrounding properties. It is not known even
H.I USERSICOMMOMD.4WNPREPORTSIPCI9-24-OI WEARDCENTER_R2(19AC).DOC
Planning Commission
September 24, 2001
RZN01-18 Beard/Center
Page 4.3a
what amount of density would be sought for development of this site.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger
and congestion. The major streets serving this site are currently under
utilized and are developed in a manner which will carry significant amounts
of traffic. Upon development, any improvements or capacity increases made
necessary by a proposed project will be the responsibility of the developer.
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 density will alter population density. The current industrial
zoning does not indicate any residential uses, however the proposed zoning
will allow for a maximum density of 465 units. This increase is not expected
to undesirably increase the load on public services including schools,water,
and sewer facilities. The applicant, like all project applicants, has signed the
sewer capacity warning designed by the City attorney regarding the status of
Fayetteville's wastewater treatment facility.
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
H:I USERSICOMMONIDAWN7IREPORTSIPCI9-24-OIIBEARDCENTER_R2(19.4Q.DOC
Planning Commission
September 24, 2001
RZN01-18 Beard/Center
Page 4.4a
§161.06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL.
A.Purpose. The High Density Residential District is designed to permit and encourage the developing of
a variety of dwelling types in suitable environments in a variety of densities.
B.Uses.
1. Uses Permitted.
Unit 1 City-Wide Uses by Right
Unit 8 Single-Family Dwellings
Unit 9 Multifamily Dwellings-Medium
Density
2. Uses Permissible on Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional Use
Permit
Unit 3 Public Protection and Utility Facilities
Unit 4 Cultural and Recreational Facilities
Unit 1 I Mobile Home Park
Unit 25 Professional Offices
C. Density.
Families Per Acre 4 to 24
D.Bulk and Area Regulations.
1. Lot Width Minimum.
Mobile Home Park 100 Feet
Lot within a Mobile 50 Feet
Home Park
One Family 60 Feet
Two Family 60 Feet
Three or More 90 Feet
Professional Offices 100 Feet
H:IUSERSICOMMOMDAWNZIREPORTSIPCI9-24-011BEARDCENTER_R?(19AQ.D0C --
Planning Commission
September 24, 2001
RZNOI-18 Beard/Center
Page 4.5a
2. Lot Area Minimum.
Mobile Home Park 3 Acres
Lot Within a Mobile 4,200 Sq.Ft.
Home Park
Row House:
Development 10,000 Sq. Ft.
Individual Lot 2,500 Sq.Ft.
Single-Family 6,000 Sq.Ft.
Two-Family 7,000 Sq.Ft.
Three or More 9,000 Sq.Ft.
Fraternity or Sorority 2 Acres
Professional Offices 1 Acre
3. Land Area Per Dwelling Unit.
Mobile Home 3,000 Sq.Ft.
Apartments:
Two or More 2,000 Sq.Ft.
Bedrooms
One Bedroom 1,700 Sq.Ft.
No Bedroom 1,700 Sq.Ft.
Fraternity or Sorority 1,000 Sq.Ft.per
Resident
E.Yard Requirements(feet).
FRONT YARD SIDE YARD REAR
YARD
25 8 25
Cross Reference: Variances Chapter 156.
F. Height Regulations.Any building which exceeds the height of 20 feet shall be set back from any side
boundary line an additional distance of one foot for each foot of height in excess of 20 feet.
(Code 1991,§ 160.033;Code 1965,App.A,Art.5(III);Ord.No.2320,4-5-77; Ord.No.2700,2-2-81)
H I USERSICOMMONIDAWN7IREPORTSIPCI9-24-OIIBEARDCENTER_R2(/9AQ.DOC
Planning Commission
September 24, 2001
RZNOI-18 BeardlCenter
Page 4.6a
Sep 21 01 12: 05p Lindsey Assoc 9366591 p. 2
dP
Lindsey & Associates, Inc.
COMMERCIAL/ INDUSTRIAL DIVISION®
3801 WEST WALNUT • ROGERS,AR 72756 • (501)6Z1-5400
1-800-658-4012 • FAX(501)636-6317
September 4, 2001
The City of Fayetteville
Fayetteville Planning Commission
113 W. Mountain Street
Fayetteville, AR
RE: Rezoning for approximately 19.39 acres, located on the NW corner of
Beechwood and 18th Street, Fayetteville; AR See attached Exhibit A)
Gentlemen:
As authorized agent for the owners of the above referenced property I
submitted a rezoning application for this tract of land.
I would like to amend the original application. The application was
submitted changing the current zoning to high density residential. I would like to
change the application to rezone the property for medium density residential use.
Respectfully submitted,
Bill McClard
Lindsey & Associates, Inc.
BMc:gcb
JF'
ME
iNomowu uJoiviouu
SEA Planning Commission
September 24, 2001
RZN01-18 Beard/Center
Page 4.7a
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Alett Little
FROM: Brent Vinson, Associate Planner
DATE: December 14, 1998
SUBJECT: UBC Parking Agreements
For Your Information,
According to our records and Mr. Gary Smith, Director of Administration at University Baptist
Church, there are currently four parking agreements existing. They are as follows:
Greg House: 50 parking spaces restrictive (parking spaces must be vacated Wed. at
248 W. Dickson 4:00 P.M. and Sundays)
Morgan Hooker: 4 parking spaces non restrictive (no restrictions)
305 W. Lafayette
Greg House: 24 parking spaces restrictive (parking spaces must be vacated on
315 Rollston Sundays)
Jose's: '25 parking spaces restrictive (parking spaces must be vacated Wed. at
Dickson 4:00 P.M. and Sundays)
" this agreement is not valid because this project is not proceeding
TOTAL: 78 parking spaces
There are approximately 176 parking spaces existing in the Second Mile Ministries parking lot.
The shared parking agreements take up 44% of the parking. There are 98 parking spaces not
included in shared parking agreements.
Planning Commission
September 24, 2001
ADM01-40 Dahms
Page 6 l2a
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+ rM.e�xm.. at September 24, 2001
NO DaW ADM01-40 Dahms
University Baptist Churg Page 612b
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday, September 24,2001 at
5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219,Fayetteville,
Arkansas.
The following items will be considered:
Approval of minutes from the August 24,2001 meeting.
New Business:
1. Growth in Arkansas prepared by University of Arkansas at Little Rock Institute of
Government. Presentation by Mr.Hugh Earnest and Ms. Cindy Boland.
2. RZN 01-16.00: Rezoning(Lot 11 Millennium Place, pp 177)was submitted by Ronnie Ball
on behalf of William Lazenby for property located at the southwest corner of Millennium Drive
and Crossover(Hwy 265). The property is zone C-1,Neighborhood Commercial and contains
approximately 0.70 acres. The request is to rezone to C-2, Thoroughfare Commercial.
3. RZN 01-17.00: Rezoning (Beard/Center, pp 599)was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located on southeast corner of 15' Street and Beechwood Avenue.. The property
is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 12.13 acres. The
request is to rezone to R-2, Medium Density Residential.
4. RZN 01-18.00 Rezoning(Beard/Center, pp 598)was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the properly owners Cynthia Beard and William M. Center, III
for property located on the southwest corner of 15'h Street and Beechwood Avenue. The
property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 19.39
acres. The request is to rezone to R-3, High Density Residential.
5. RZN 01-19.00 Rezoning(Beard/Center, pp 599)was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located south of 15`h Street between Beechwood Avenue and Razorback Road.
The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 9.86
acres. The request is to rezone to C-2, Thoroughfare Commercial.
6. ADM 01-40.00: Administrative Item (Dahms-Shared Parking Agreement, pp 484) was
submitted by Terry Dahms of Signet Financial Corporation for property located at 207 W.
Lafayette. The property is zoned R-O, Residential Office and contains approximately 7,225
sq.ft. The request is for approval of a shared parking agreement with University Baptist Church
for 6 parking spaces to accommodate the proposed use of this building as office (1050 sq.ft.)
With one residential unit(450 sq.ft.).
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other
pertinent data are open and available for inspection in the Office of City Planning(575-8264),City Administration Building,
113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or
TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to
request an interpreter,please call Don Bunn at 575-8330.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE:September 24, 2001
RZN 01-16.00: Rezoning (Lot 11 Millennium Place,pp 177)was submitted by Ronnie Ball on
behalf of William Lazenby for property located southwest comer ofMillennium Drive and Hwy 265.
The property is zone G1,Neighborhood Commercial and contains approximately 0.70 acres. The
request is to rezone to C-2, Thoroughfare Commercial.
RECOMMENDATION:
Staff recommends approval of the requested rezoning with the bill of assurance as offered by
the applicant based on the findings included as part of this report.
Note:A siteplan for this project will be reviewedfor compliance with City regulations at the time
of building permit application. The site plan submitted as apart of this rezoning application has
been reviewed for concept only. Commercial Design Standards for this commercial subdivision
(Millennium Place)have been established through several large scale developments and adopted
covenants. Compatibility with these designstandards for this project is required
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: September 24.2001
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H:I USERSICOA,MONIDAFVNY REPORTSIPCI9-24-0111a enby_millennium.wpd
Planning Commission
September 24, 2001
RZN 01-16 Lot 11 Millennim
Page 2.1
Comments:
BACKGROUND:
The Millennium Place commercial (C-1 and R-O) subdivision was recently completed and is
beginning to build out. The subject property is lot 11 of this subdivision and is located at the
southeast comer of Millennium Drive and Hwy 265. Surrounding lots within the subdivision are
vacant at this time, as is commercially zoned (C-1)property across Hwy 265 to the east. South of
the site is a White Oak Station, gas station/convenience store and a carwash.
The applicant is requesting a rezoning for this tract to C-2, Thoroughfare Commercial with a bill of
assurance to allow only a liquor store in this location. Should the site not develop as a liquor store
or should it redevelop in the future,only uses permitted in the C-1 zoning districtwould be permitted
with the proposed bill of assurance.
The same request was made earlier this year and withdrawn prior to Planning Commission
consideration. The same prospective tenant is now bringing this request forward with a new
property owner.
SURROUNDING LAND USE AND ZONING
North: Vacant, C-1
South: Gas Station, C-1
East: Vacant, C-1
West: Vacant, C-1
INFRASTRUCTURE:
Streets: This site is located at the southeast comer of Millennium Drive and Hwy 265.
Millennium is a new street constructed to serve the commercial subdivision
Millennium Place. It connects Hwy 265 and Joyce Blvd. Hwy 265 is classified as
a principal arterial on the Master Street Plan and is constructed with two lanes and
a center turn lane at the Joyce Blvd. intersection in this area.
Water& Sewer: Water and sewer were both extended to serve this lot as apart of the
construction of the Millennium Place subdivision.
H.,IUSSRSICOA�MOMDAPVNTU?EPORTSIPCI9-14-011imenby millennium.wpd
Planning Commission
September 24, 2001
RZN 01-16 Lot 11 Millennim
Page 2.2
LAND USE PLAN:General Plan 2020 designates this site Community Commercial. Rezoning this
property to C-2, Thoroughfare Commercial,with the bill of assurance offered by the applicant, is
consistent with the land use plan and compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
I. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistentwith land use planning objectives, principles,
and policies and with land use and zoning plans. This area serves as a
commercial node and is an appropriate location for a mix of commercial uses.
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 needed in order for the applicant to build the proposed
project. While there is a significant amount of undeveloped C-2 property within
the city, there is not any C-2 property north of Mission Blvd. or east of Old
Missouri Road in the northeastern part of the city.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger and
congestion. The applicant's preliminary site plan indicates that access will be
from Millennium Drive with a cross-access connection to the gas station located
immediately south of the subject property. No curb cut will be permitted on
Hwy 265 in this location.
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 population density.
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;
H.IUSERSICOA,AIONlDAWN7IREPORTSIPCI9-24-0111r enby millennivm.wpd
Planning Commission
September 24, 2001
RZN01-16Lot 11 Millennim
Page 2.3
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
H:IUSERSICOMMONIDAWN7lREPORTSIPCl9-24-011ln enby_nillennilan.wpd
Planning Commission '..
September 24, 2001
RZN01-16Lot 11 Millennim
Page 2.4
§161.14 DISTRICT C-2 THOROUGH- Unit 2 City-Wide Uses by
FARE COMMERCIAL. Conditional Use Permit
A. Purpose. The Thoroughfare Unit 3 Public Protection and Utility
Commercial District is designed especially to Facilities
encourage the functional grouping of these
commercial enterprises catering primarily to Unit 21 Warehousing and Wholesale
highway travelers. Unit 28 Center for Collecting
Recyclable Materials
B. Uses.
Unit 32 Sexually Oriented Business
1. Permitted Uses.
Unit 1 City-Wide Uses by Right C. Bulk and Area Regulations.
Setback lines shall meet the following
Unit 4 Cultural and Recreational minimum requirements:
Facilities From Street ROW 50 ft.
Unit 12 Offices, Studios and Related
Services From Side Property None
Line
Unit 13 Eating Places From Side Property 15 ft.
Unit 14 Hotel, Motel and Amusement Line When Contiguous
Facilities to a Residential District
Unit 15 Neighborhood Shopping From Back Property 20 ft.
Goods Line
a D. Building Area. On any lot the
Unit 17 Trades and Services areaoccupiedby all buildings shallnotexceed
60%of the total area of such lot.
Unit 18 Gasoline Service Stations and
Drive-In Restaurants E. Height Regulations.In District C-
Unit 19 Commercial Recreation 2 any building which exceeds the height of 20
feet shall be set back from any boundary line
Unit 20 Commercial Recreation, Large of any residential district a distance of one
Sites foot for each foot of height in excess of 20
feet. No building shall exceed six stories or
Unit 24 Outdoor Advertising 75 feet in height.
Unit 33 Adult Live Entertainment Club (Code 1991, §160.036; Code 1965, App. A,
or Bar Art. 5(VI); Ord. No. 1747, 6-29-89; Ord. No,
1833, 11-1-71; Ord. No. 2351, 6-2-177; Ord.
2. Uses Permissible on No. 2603, 2-19-80; Ord. No. 4034, §§3,4, 4-
Appeal to the Planning Commission. 15-97)
H.IUSERSICOMMONID.4TVIV lREPORTSIPCl9-24-0111=enby_millennium.wpd
Planning Commission
September 24, 2001
RZN01-16Lot 11 Millennim
Page 2.5
Dear Fayetteville City Planners,
I would like to request the best way to allow Midway Liquor to locate on Lot 11
Millennium be as follows:
It will be beneficial for all property owners in the area,if we could rezone to C-2,
with a bill assurance that would only allow a liquor store and all other future uses to
Revert to what ever is allowed in a C-1 zoning.We feel the Midway Liquor Store will
fit in nicely with the White Oak,carwash and Perfect Partners Retail Store.
Thank you for the consideration.
Sincerely,
William A.Lazenby
Planning Commission
September 24, 2001
RZN 01-16 Lot 11 Millennim
Page 2.6
y 21 2001 2:39Py SER.lE7 3200 .
BILL OF MLRAIICE
Eili of 'MakAssurance
This "yr
tti b ra rq/�,ts,�,i Ed o wN Rat o f
/4q9- dC flunt Arkansas
city�6wi S
a trate located to tte Ciof Fa7etttri7lc. 4ash
real +,ou S.
and so" "rticclarly dg&,,bed as follogs,
See attached Legal Descriytien
WK REAS. the aforesaid ono-r o' the real Property described above has
secuRd the approval of the Fayetteville city ao"d of Directors f
row
Una Fayetteville zoninc aoend
map and rezone the above descri bad Prof° Y
C � t6 CZ
MUSAS, the I m" gave Rrumisad ano agrees to subject the develoPeent
restri titans pertain-
of said real estate pomm—It to eertsir covenm+ts and
tpg to sae: and
g CY orza:rs °rE.desirous of ®king a aeclarat?oa n saga' ir.
:M fora of ibis Bili aF Assurance .vith the intention of gea� teeing 'tie
presarwtion of certain vel Les and anan:ties it -he ni ty end to, bind
tt.,Iv s, their sytCeisgrs aed assigns and the aforedescriaed real estate
and Its subsMaent w4mrs With the Obligations
and restr!tti vns hereinafter
sat fortT for all present and future demlupent and use of said prorrty,
e described real Pro'
HOy, THEREFORE. the M"Mrs declare teat the abbe
perty shall be held. developed, transferred. sold. conveyed and occupied
subject to the covenants and restrictions herein set forth:
1
The use of said Property shall be liaited to the existing brildLeg
being mad fo:4'146A: sioiily
//
YITlff55 py hand ano seal this 1_d°Y of
�vV v
Planning Commission
September 24, 2001
RZN 01-16 Lot I1 Millennim
Page 2.7
21 2DD} 2:3BPM Hpi SERJET 3200
2 -
STATE CF ARKANSAS )S5: ACK!AMl�6flFJli
CO11ef1Y OF WASHINGTON )
BE IT n-x�wsva'e that or. this day care cefor the oolu'signed, a Wotary
public, within and for the County atorcsaidudully wellmiss acknowledged
that they aid C"cated the fore90ing Bill of Assurance for the consideration
—d purpoau therein ,Moaned and set Furth- ,rT Q C
179=5 haad and seal as such Notary P lic this -1�1 _.day of U !its l
Aet ry c
Planning Commission
September 24, 2001
RZN01-16Lot 11 Millennim
Page 2.8
RZN01-16.00 MILLENNIUM PLACE LOT 11
Future Landuse
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September2Q2001
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RZ 01-I Lot I1 Millennim
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Page 2.9
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_ Feet RZ 01-16Lot11 Millennim
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0 0.125 0.25 0.5 0.75 1 September 24, 2001
RZ 01-16 Lot 11 Millennim
Miles Page 2.11
Planning Commission
September 24, 2001
RZN 01-16 Lot 11 Millennim
Page 2.12
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.LC.P., City Planner
DATE: September 24, 2001
RZN 01-17.00: Rezoning(Beard/Center, pp 599) was submitted by Bill McClard of Lindsey
&Associates, Inc. on behalf of the property owners Cynthia Beard and William M. Center, III
for property located on southeast corner of 15`h Street and Beechwood Avenue.. The property is
zoned I-1, Heavy Commercial/Light Industrial and contains approximately 12.13 acres. The
request is to rezone to R-2,Medium Density Residential.
RECOMMENDATION: .
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING`:COMMISSION ACTION., Required YES
OApproveil, , - O Denied
Date. Scii er24,2001
CITY COUNCIL ACTION: Required; YES. .
O Approved O Denied
Date: October 16,2004,011xeading),
H1USERSICOMMONIDAWNnPEPORTSWCI9-24-OIIBEARDCENTER R2.DOC
Planning Commission
September 24, 2001
PZN01-17 Beard/Center
Page 3.1