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Home My WebLink AboutOrdinance 4137 FILED FOR RCCOPD P99 APR 2 Pn 3 59 VIAS HitvGATON, CO AR K . HARiIESS ORDINANCE NO. 41 3 7 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZ98-23 FOR A PARCEL CONTAINING APPROXIMATELY 19.74 ACRES LOCATED NORTH OF APPLEBY ROAD AND WEST OF NORTHHILLS BOULEVARD REQUESTED BY KURT JONES OF CRAFTON, TULL AND ASSOCIATES ON BEHALF OF WASHINGTON REGIONAL MEDICAL CENTER. 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 A-1 Agricultural to R-O Residential Office for the real property described in Exhibit "A" attached hereto and made a part hereof. Section2. 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 2nd day of February , 1999. APPROVED: \l� Fred Hanna, Mayor t r.- ATTEST;- BY %° t07 Heather Woodruff, City Vferk ord . 4137 EXHIBIT "A" LEGAL DESCRIPTION FOR RZ98-23 A part of the SEI/4 of the SEI/4 of Section 27 and a part of the NEI /4 of the NEI/4 of Section 34, all in Township 17 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at the NE comer of said NEI A of the NEI/4 and running thence SO1 000' 1 1 "E 634.73 feet; thence S89026'53"W 333.71 feet to the POINT OF BEGINNING, said point being on the North right of way of Appleby Road; thence with said right of way as follows: S89026'53"W 192. 10 feet; N78 °34'W 201 .61 feet; S74050'34"W 103. 15 feet; N80°39'33"W 50.70 feet; N84°54'52"W 202.81 feet; S89 °05'W 48. 10 feet to the center of Scull Creek; thence, leaving said right of way, and following the center of Scull Creek as follows: N8055'W 84.0 feet; N30030'50"E 101 .30 feet; N8 °37'45"E 380.83 feet; N19°50'50"E 229.4 feet; N33 °28'W 310.3 feet to the South right of way of U.S. Highway 71 ; thence, leaving Scull Creek and following said South right of way as follows: N44°06'E 101 .55 feet; N49°22'E 104.26 feet; N52 ° 54'E 154.20 feet; N63039'30"E 149.80 feet; N81 ° 16'20"E 207.70 feet; S82 °52'E 57.00 feet; thence, leaving said right of way, S5 °59' 16"E 901 . 17 feet; thence N58011 '46"W 14.56 feet to an existing fence; thence S4°21 '30"W with said fence 82.42 feet; thence S5 ° 56'E with said fence 414. 17 feet to the POINT OF BEGINNING, containing 19.74 acres, more or less. 99030"AL74 1, Kathleen H3mass. Circuit 91;[b fi 6a"-Afllelo Recorder to! Wa;hifSdVo� Qdu ity, 1 .((ZenI45, do �terapy certiry that lhia Jhstrufneat Wg§ 41@d tof rgpord in my office ae ip.gio61@d h@r@pn Afld the fjme Ig i1oW duly recorded with the aGknwipQ4geni eng OaNficate thereon in RepA/d dqo Arid thereon. IN W".E9s WHE(�EBfi i h§yN hef@Nftio 40t my hand And AfllAad the Gill of Bald 0OUH an (he data indi- cated hereon, Kathleen Hamaea It Clefk And C*attIQIA Ati6Arde/ STATE OF ARKANSAS FEB 19 1999 ORDINANCE NO. 4137 AN ORDINANCE REZONING EXHIBfi 'A' County Of Washington I SS. FIS �[p� THAT PROPERTY DESCRI- LEGAL DESCRIPTION FOR "� Y>�Ji BED IN REZONING PETITION RZW23 I , JEFF JEFFUS, hereby certify that 1 am the publisher of THE N FOR A PARCEL CONTAINING APPROXIMATE- A part of the SEI/4 of the NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class CONTAINING LY 19.74 ACRES LOCATED SEI/4 of Section 27 and a part NORTH OF APPLEBY ROAD of the NE1/4 of the NE1/4 of mailing privilege, and being not less than four pages Of Live columns each, AND WEST OF NORTHHILLS Section 34, all in Township 17 ace of anat fixed BOULEVARD REQUESTED North, Range 30 West, Wash. published at a fixedlf businessd fid P (daily) Intervals BY KURT JONES OF CRAF- ington County. Arkansas, more continuously in the City of Fayetteville, County of Washington, Arkansas for TON, TULL AND ASSOCI- particularly described as fol- ATES ON BEHALF OF WASH- lows: more than a period of twelve months, circulated and distributed from an INGTON REGIONAL MEDICAL Commencing at the NE comer established place of business to subscribers and readers generally of all CENTER. of said NEI/4 of the NE1/4 and running thence S01 00'11 'E classes in the City and County for a definite price for each copy, or a fixed IT IT ORDAINED BY THE 634.73 feet; thence S89 he rice per annum, which rice was fixed at what is considered the value of the CITY COUNCIL E THE THE 26'S3'W feet; t feet to the P P P OF FAYETTEVILLE, ARKAN- POINT OF BEGINNING, said publication, based upon the news value and service value it contains, that at SAS: point being on the North right of way of Appleby Road; thence least fifty percent of the subscribers thereto have paid for their subscriptions Section 1. That the zone Uas. with said right of way as fol- 10 the newspaper or its agents or through recognized news dealers over a sification of the following descri- lows: S89 26'53'W 192. 10 9 9 9 bed property is hereby changed feet; N78 34'W 201 .61 feet, period of at least six months and that the said newspaper publishes an as follows: S74 50'34*W 5 feet; N80 39'33'W 50.70 1 feet; N84 average of more than forty percent news matter. From A-1 Agricultural to R-O 54.52W 202.81 feet; SB9 05'W Residential Office for the real 48.10 feet to the center of Scull property described in Exhibit Creek; thence, leaving said I further certify that the legal notice attached in the matter of qA*p attached hereto and made center o t of my, ScullfCreekgthe as fol. ( � � 434 �.II '3 a pan hereof. lows: N8 56W 84.0 feet; N30 Section 2. That the official zon. 30'500E 101 .30 feet; N8 ing map of the City of Fayette. 37'45'E 380.83 feet; N19 villa, Arkansas, is hereby 50'50'E 229.4 feet; N33 28'W was published in the regular daily issue of said newspaper for amended to reflect the zoning 310.3 feet to the South right of change provided in Section 1 way of U.S. Highway 71 ; consecutive insertions as follows: above, thence, leaving Sculcreek and following said South right of. PASSED AND APPROVED way as follows: N44 O6'E The first insertion on theP111, day of 19 this 2nd day of February, 101 .55 feet; N49 22'E 104.26 tggg, fast; N52 54'E 154.20 feet; N63 39'30'E 149.80 feet; N81 the second insertion on the da of 19 — APPROVED: 16'20'E 207.70 feet; S82 52'E y 57.00 feet; thence, leaving said right of way, S5 59-16-E 901.17 the third insertion on the da Of 19 By: Fred Hanna, Mayor feet; thence N58 11'46'W 14.56 y feet to an existing fence; thence S4 21 '30'W with said fence ATTEST: 82.42 feet; thence S5 56•E with the fourth insertion on the ay of 19 said fence 414.17 feet to the By: Heather Woodruff, City POINT OF BEGINNING, con. Clerk taining 19.74 acres, more or less. _ sher/General Manager r Sworn to and subscribed before me on this I day of Surrrur ry r rrrua{rumrrrt r 19 �— 1 ffl NotaryPublic, State of Arkansas f Notary Public washingtoaf Court 1 Cres 02/27105 My Commission Expires: , my rn,nmission Fatp' rccc� �ccccccccccccccccccccccccc /'� Fees for Printing.......................................................$ Costof Proof.............................................................$ Total..........................................................................$ 9474ab el y6icrk FAYETTEVILLE � � L THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Janet Johns, Planning Secretary From: Heather Woodruff, City Clerk Date: February 10, 1999 Attached is a copy of the ordinance approving RZ 98-23 for your records. The original will be microfilmed and filed with the City Clerk. The ordinance will also be filed with the County. cc. Clyde Randall, Engineering Ed Connell, Engineering John Goddard, Data Processing MICROFILM �rATI= oFARKANsns FEB 19 1999 ORDNANCE NO. 4137 7 as : * " . - . I - exHlerr •a . , ' , County of Washington ss. * ac AN ORDINANCE REZONING . N�M��yCE DM ; THAT PROPERTY DESCRI- i _LEGAL DESCRIPTION FOR F1'sn's� IUrI E'e ' BED Z98.23 REZONING PETITION 1 •m :N RZ . ?. I, JEFF JEFFUS, hereby certify that I am the publisher of THE RZB6.23 FOR A PARCEL =` T:= - ' . CONTAINING APPROXIMATE. A part of the SEI/4 of the NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class LV 19.74 ACRES LOCATED i of he NEI/moi of th NEI/o f mailing privilege, and being not less than four pages of five columns each, NORTH OF APPLEBY ROAD 1 g P 9 g p g AND WEST OF VARD REQUESTED , North, 34, all 0 Township 17 h. published at a fixed lace of business and at fixed (daily) Intervals ' BY KURT JONES OF CRAF. f �0n County. Arkansas.mo e continuously in the City of Fayetteville, County of Washington, Arkansas for , TON. Tull AND AssA H- Particularly described ae fol- more than a period of twelve months, circulated and distributed from an I RTES ON BEHALF OF WASH• [ �� L +4 w'a7 .t�:JttNt ,r. r„'!� p i INOTONREGIONAL MEDICAL I Commencing at the NE corner. establishedlace of business to subscribers and readers generally of all CENTER..r.o 3:.Cc5,C, ,.1, of said of the NEI/4 and. P 9 Y it running thence sol 00'11 'E classes in the City and County for a definite price for each copy, or a fixed BE IT ORDAINED BY THE 834.73 feet:" Ihenee S89 rice per annum, which r CRY COUNCIL OF THE CITY 28153'W 333.71 feet to the P P price was fixed at what is considered the value of the OF FAYETTEVILLE,'ARKAN. POINT OF BEGINNING, said . publication, based upon the news value and service value it contains, that at SAS: ` ' '. .. ' . point EN^G•ori the NOM right of, ,1 -a way of Appleby Road; thenceleast fifty percent of the subscribers thereto have paid for their subscriptions 1 stolon 1. That the zone else. � ' wlth'eald right of war as lot- ' to the newspaper or its a g og • N11callon of the following descd. � lows; S89 26'53' 192.10gents or through recognized news dealers over a had property Is hereby charged feet; N78 34'W 201 .61 feet;! period of at least six months and that the said newspaper publishes an as follows: S74 J S74 50'34•W 103.15 feet; N80 39'330W=50.707feet; N84' average of more than forty percent news matter. From A-1 Agricultural to R-O 54'57W 202.81 feet; S89 05W Residential OHlco for Me reali 48.10 feet to the comer of Scull, property described In Exhibit Creek; thence, leaving said I furl{�er certify that the legal notice attached in the matter of A' attached he to end made � of way, and IdkwArg the /I \� _ I In �� ' a pert he I. tenter of Scull Creek es l ' t/Ir, lryA.rC. l -{...:.. „=^ .- —'I lows: NB,SSW 84.0 feel: N30 � Section 2- That the official zorY I 30'50'E_ 101 .30._ feet; N8, " ing map o1 Me Cly of Fayehe• 37'45'E 380.6:, .at. Ntg , villa, Arkansas, - Is herebyl 50'50" ee229 tfeaet:.Nl33 28'W� was published in the regular daily issue of said news a er for amended to reflect the zoning right of P 9 Y P P change provided In Section .! ! way or U.S.1 Ighway 71 ; consecutive insertions as fol ows: above. `? 'Ji'. - .}•� ;; t I thence, leavinllCreek and following said South-right of � G1, PASSED AND APPROVED way aSfeet; N49 ymn N44 OWE 10426 The first insertion on the day of 19 `f I this ' 2nd ' Pay of February,February, ' 1999. - �• feet: N52 54'E'154.20 feet; N63 39'30'E = 149.80- feel; N81 the second insertion on the da APPROVED-' - ' =� i: .r r I 16-20-E 207.70 fast; S82 STT y of 19 — r . j 57.00 feet; thence, leaving said! w. h:_ •. . . : : 5 fight of way. S5 5416-E 901.171 By: Fred Hanna, Mayor • : ` col feet; thence N58 11'46'W 14.56 the third insertion on the day of 19 — --Afeet to an existing fence; thence' S4 21 '30•W with said fence' ATTEST. _ - _ { 82.42 feet; thence S5 56E with' the fourth insertion on the ay of 19 — said fence 414.17 feet to the; By: Heather Woodruff, City ' POINT OF BEGINNING, con-, Clerk 1 laining 19.74 acres, more or 7 Gitrs/her/General Manager J , Sworn to and subscribed before me on this / day of yt as ranertuerh 191— Notary Public, State of Arkansas $r Notary Public Washington County p/ Cnntmission Expires 01127/05 ' My Commission Expires: r Y �cccccccc<cccccccccccccccc . cccccc Feesfor Printing............................0.............4............$ Costof Proof...... .......................................................$ / /y Total..............................................4...........................$ RZ 98-23 MICRO FTWED � c. l STAFF REVIEW FORM X Agenda Request _ Contract Review Grant Review Fel! For the Fayetteville City Council meeting of -lfarch 2 , 1999 . FROM: Alett Little Planning Public Works Name Division Department ACTION REQUESTED : To approve rezoning request RZ98-23 changing 19 . 74 acres from zone A-1 . Agricultural to R-O , Residential Office . This project was submitted by Kurt Jones of Crafton , Tull on behalf of Washington Regional . COST TO CITY : Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW : Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Acc tin M r DDate.�� ADA Coordinator Date DHte Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval . Planning Commission approved RZ98 -23 at the regular meeting of January 11 , 1999 , with a unanimous vote of 9- 0- 0 . q Cross Reference D ision He Date -15((2 en irector �paZ e . ,,,, New Item : Yes No A inist ative Services l-D.�(acJtte*��',�L.,j Prev Ord/Res# : Direct Mayor/ ate Orig Contract Date : :RZ 98=23 HLC.2 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: PLANNING DIVISION CORRESPONDENCE 501-575-8264 TO: Fayetteville Planning Commission Members THRU: Alett S. Little, City Planner FROM: Brent Vinson, Associate Planner DATE: January 11, 1999 RZ 98-23.00: Rezoning (Washington Regional Medical Center, pp 250, 211) was submitted by Kurt Jones of Crafton, Tull and Associates on behalf of Washington Regional Medical Center for property located north of Appleby Road and west of Northhills Boulevard. The property contains approximately 19.74 acres and is currently zoned A- 1 , Agricultural. The request is to rezone the property to R-O, Residential Office. RECOMMENDED MOTION: Staff recommends approval of the requested rezoning from A-1(Agricultural) to R-O (Residential Office). PLANNING COMMISSION ACTION: YES Required Approved Denied Date: January 11, 1999 Comments: 1_ 0 - 0 CITY COUNCIL ACTION: YES Required Approved Denied Date: /99 RZ 98-23 IILC.3 BACKGROUND : The applicant requests rezoning for a tract of land currently zoned A- 1 to R-O. The applicant then plans to obtain a conditional use permit to allow a medical center on an R-O zoned property. The project is to be constructed in two stages. The initial phase is a 50,000 sq. ft. Regional Women and Children's Center. The second phase will include a 217,000 sq. ft. acute care facility with approximately 1 ,200 parking spaces. The total project, when complete, will include a 181 bed acute care facility, which will include 267,000 sq. ft. of medical services and office space and approximately 1 ,200 parking spaces as indicated on the Large Scale Development Plan. Hours of operation will be 24 hours every day. This project, according to the applicant, was originally planned as part of the Northhills Medical Park some ten years ago, is consistent with other recent development in the area. The Assisted Care Facility is located to the east of this development. An existing heavily wooded area to the west of this project will help screen it from the residential trailer park to the west. Grade differences between this project and the residential area to the south will help screen it from that area, particularly the parking areas. The Hwy. 71 Bypass forms the northern boundary to this project. This project will increase traffic in the area; however, the close proximity to the Bypass, Gregg Avenue and Futrall Drive, and direct access to Appleby Road and Northhills Boulevard will provide adequate access to the project. ADJACENT LAND USE AND ZONING North: Highway 71 Bypass, zoned C-2, R- 1 South: Single family residential, zoned R- 1 .5, A- 1 East: Northhills Medical Park, zoned R-O West: Mobile home Park, zoned A- I INFRASTRUCTURE: Streets: Close proximity to the Hwy. 71 Bypass, Gregg Avenue and Futrall Drive, and direct access to Appleby Road and Northhills Boulevard will provide adequate access to the project. Hwy. 71 Bypass is a freeway-expressway, Futrall Drive, Appleby Road and Northills Boulevard are all collectors. Much of the two sites are located in the Design Overlay District. Water: A 12" water line exists along Futrall Drive to the north and an 8" water line exists on Northhills Boulevard. Sewer: A 12" sewer line exists along Futrall Drive to the north and an 8 " sewer line exists on Northhills Boulevard. RZ 98-23 M,CA LAND USE PLAN: General Plan 2020 shows this area as Office. §161. 12 DISTRICT R-O RESIDENTIAL OFFICE, A. Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. RZ 98.00-23.009 25.00 FINDINGS OF THE STAFF 1 . A determination of the degW to which the proposed zoning is consistent with land ase planning objectives, principles, and policies and with land use and zoning plans. Finding: The rezoning proposed is consistent with the land use planning objectives, principles, and policies of the land use and zoning plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The zoning is justified and needed at this time to meet the goals of General Plan 2020 for infill development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning would not create or appreciable increase traffic danger and congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning would slightly alter the population density but would not undesirably increase the load on public services including schools, water, and sewer facilities. RZ 98-23 M,C.5 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; Finding: It would not be impractical to use the land for any of the uses permitted under its existing zoning classifications but it would be just as practical to use the land for the uses proposed under the R-O zoning classification. 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 �I _