HomeMy WebLinkAboutOrdinance 4163 'FILED FOR RECORD
099 JILIN 24 Pfd 1 29
ORDINANCE NO. 4163 WASHINGTON CO AR
K. HARNESS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ99-7 FOR A PARCEL
CONTAINING APPROXIMATELY 4.98 ACRES LOCATED AT
2680 JOYCE STREET AS REQUESTED BY NEAL
PENDERGRAFT.
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-1 , Low Density Residential to R-O Residential Office for the real property
described in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED AND APPROVED this 18ih day of May 1999.
APPROVED:gk*�14`i
y:
Fred Hanna, Mayor
By
Heather Woodruff, City Cl
99057310
i
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ99-7
A tract of land in the NEIA of the NEI/4 of Section 25, Township 17 North, Range 30 West in
Washington County, Arkansas, being more fully described as follows: Commencing at the
Northeast comer of said Section 25; thence SOI ° 12'01 "E 914.61 feet; thence S89 °05'27"W 277.51
feet; thence S01 ° 12'01 "E 350.55 feet to the Point of Beginning; thence SOI ° 12'01 "E 55.0 feet;
thence S89°05'27"W 480.85 feet, thence N00°39'57"W 536.68 feet; thence N88047'59"E 206.91
feet; thence S15 °57'56"E 85.35 feet; thence N89°02'07"E 201 .44 feet; thence along a curve to the
left having a radius of 50 feet, a central angle of 23 '48'47", and an arc distance of 20.78 feet (chord
= S10°42'23"W, 20.63 feet); thence SOI ° 12'01 "E 380.03 feet; thence N89 °05'27"E 50.0 feet to the
Point of Beginning, containing 4.98 acres, more or less.
ALSO A RIGHT OF WAY EASEMENT for Ingress and Egress over a tract of land in the NEIA
of the NEIA of Section 25, Township 17 North, Range 30 West in Washington County, Arkansas,
being more fully described as follows: Commencing at the Northeast comer of said Section 25 ;
thence SOI ° 12'01 "E 914.61 feet; thence S89°05'27" W 277.51 feet; to the point of beginning; thence
S01 ° 12'01 "E 350.55 feet; thence S89°05'27"W, 50.00 feet; thence NOl ° 12'01 "W 361 .05 feet; thence
along a curve to the right having a radius of 50.0 feet, a central angle of 217 °07'34", and an arc
distance of 189.51 feet, (chord = S72036'07"E 94.80 feet); to the point of Beginning, Containing 0.5
acres, more or less.
99057311
F'AYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Janet Strain, Planning File Clerk
From: Heather Woodruff, City Clerk
Date: May 24, 1999
Attached is a copy of the Ordinance rezoning RZ 99-7 for your records. Please distribute a copy
to your CAD draftsman to update your rezoning map. The original will be filed with the county,
then microfilmed and filed with the city clerk.
CC. Clyde Randall, Engineering
Ed Connell, Engineering
File
99057312
1, Kathleen Hamada, Circuit Clerk and Ex-officio
Recorder for Washingidn County, Arkansas, do hereby
certify that thld Inatrumam wee filed for record in my
office as indidgIdd hereon and the) dame is. now duly
recorded with the aoke6wl9dg6Mbnt and certificate
thereon In Record Book and Pago as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
cated hereon.
Kathleeg Harness
Ci• d-1erM e d Exofficio corder
i
c� � r ► - U u " Oid �lib3
MI (CROPTLMED STATE OF ARKANSAS JUN 0 7 1999
County of Washington } SS' gNAWCE 6p
I, JEFF JEFFUS, hereby certify that I am the publisher of THE
NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class
mailing privilege, and being not less than four pages of five columns each,
published at a fixed place of business and at fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for
ORDINANCE NO. 4163 thence N89 05.27-E 50.0 feet to
the Point of Beginning, wain- more than a period of twelve months, circulated and distributed from an
AN ORDINANCE REZONING ing 4.98 acres, more or less. established place of business to subscribers and readers generally of all
. THAT PROPERTY DESCRI-
BED IN REZONING PETITION ALSO A RIGHT OF WAY classes in the City and County for a definite price for each copy, or a fixed
T�NING APP PARCEL CON-
EASEMENT for Ingress and price per annum, which price was fixed at what is considered the value of the
rtract land in
4.98 ACRES LOCATED AT heNE1/4 of theNE1/4 of Sec. publication, based upon the news value and service value it contains, that at
2680JOYCE STREET AS RE. tion 25, Township17 North,
OUESTED BY NEAL PENDEAR- Range 30 West in Washington least fifty percent of the Subscribers thereto have paid for their subscriptions
GRAFT. County, Arkansas. being more to the newspaper or its agents or through recognized news dealers over a
BE IT ORDAINED BY THE fully described as follows:
CITY COUNCIL OF THE CITY CommencingP at at the Northeast period of least six months and that the said newspaper publishes an
OF FAYETTEVILLE,ARK corner of said Section 25; average of more than forty percent news matter.
AFI' thence SOt 12.01 'E 914.61 9 rty P
SAS: feet; thence S89 05'27' W
SaLiion I. That the zone dasei- 277'51 feet; to the point of be.
ginning; thence S01 12.01 -E . I further cert',%(�� ,that the legal notice attached in the matter of
lication ofthe following - 350.55 feet0 thence S89
bed Property is hereby changed 05-2'7'W, 50.00 feet; thence IIIAAAlll 000///L/(�� y
as follows: NOt 12'010W361 .05 feet; o -
From R-1 , Low Densis Resi- thence along 'a curve to the /
• tlential to R-O Residential Of- right having a radius of 50.0
- rice for the realpropertydescri- feet, a central angle of 217 was published in the regular daily issue of said newspaper for
07'34', and en arc distance of
bed in Exhibit 'A' attached 189.51 feet, (chord = S72 consecutive insertions as fol S:
hereto and made a pan hereof. - 36'07'E 94.80 feet): to the point
of Beginning, Containing 0.5
,$aCtcn . That the official zon- acres, more or less. The first Insertion On the da Of 19
Ing map of the City of Fayette-
ville, Arkansas, is hereby
amended to reflect the zoning the second insertion on the da Of 19
• change provided in Section 1 y
above.
PASSED AND APPROVED the third insertion on the day of 19 —
this 18th day of May
. . 1999.
the fourth insertion on the ay of 79 —
APPROVED:
by: %
Fred Hanna, Mayor i
' I er1General Manager
ATTEST: Sworn to and subscribed before me on this `1 day of
By: 041
Heather Woodruff, City Clerk 191 1
DESCRIPTION
aj./ v
LEGAL DESCRIPTION FOR
HZ99-7 Srarurirrrrrrrrrrrrrrrrrrrrrrrrrr Notary Public
A tract of land in the NEI/4 of•
Catherine Sall r
the NEI/4 of Section 25, Town- My t'iOmmISS10n Expires: '
ship 17 North, Range 30 West ' Washingtor. Coun 1
in Washington County, Arkan- 1 ry
sas. being more fully described , My Commission Cs
01/27!0
as follows: Commencing at the ttttUC(<tt[tRttUtttt«ttt<K(
Northeast corner of said Sec- Fees for Printing................................
lion 25; thence SOI 12'01 'E .......................$
914.61 feet; thence S89
� 05'27'W 277.51 feet; thence Cost of Proof.............................................................$
- S01 1 350.55 lent to the
of Beg I ^
Point of Beginning; (hence S01
12'01 'E 55.0 feel; thence S8989
- 05'27'W 480.85 leer, thence Total..........................................................................$
N00 39.57-W 536.68 feet;
thence N88 47059'E 206.91
feet; thence S15 57'56-E 85.35
- leaf; thence N89 02.07-E
201 .44 feet; thence along a
• curve to the left having a radius
of So feet. a central angle of 23
48'470, and an arc distance of
20.78 feet (chord = S10
142'23'W, 20.63 feet); thence
•
. Sol 12'010E 380.03 feet;
yl
X Agenda Request
STAFF REVIEW FORM
Contract Review 1 7�
Grant Review D
For the Fayetteville City Council meeting of May 18 , 1999 .
FROM:
Tim Conklin Planning Public Works
Name Division Department
ACTION REQUESTED : To approve an ordinance for RZ99-7 submitted by Neal
Pendergraft for property located east of 2680 Joyce Street . The property is
zoned R-1 , Low Density Residential , and contains approximatley 4 . 98 acres . The
request is to rezone the property to R-O , Residential Office .
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 :
Ac ountg Manager Date ADA Coordinator Date
i l
Ci/t n Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommends approval and the Planning Commission
recommended to City Council that the rezoning be approved with a vote of 5 - 3- 0 .
Commissioners Forney, Hoffman , and Hoover voted against the rezoning .
Commissioner Estes was not present .
- 30 - 99 Cross Reference
ision He Date
Ddi,r . Director a New Item : Yes No
Adm n ' tr ti e Services Dat Prev Ord/Res# :
Dir r
May r Date'/ Orig Contract Date :
I
Planning Commission Minutes
April 26, 1999
Page 12
RZ99-7: REZONING
PENDERGRAFT, pp176
This item was submitted by Neal Pendergraft for property located east of 2680 Joyce Street. The
property is zoned R- 1 , Low Density Residential, and contains approximately 4.98 acres. The
request is to rezone the property to R-0, Residential Office.
Mr. Neal Pendergraft was present on behalf of the project.
Commission Discussion
Pendergraft: I' m representing myself and the three other owners of the property. As you know,
Dr. Smith and I own the property immediately to the east that is Paradise Valley. Prior to
purchasing this property that is at issue now, I look back at the zoning regulations and it appeared
to me that R-0 zoning with medium to high density housing which is what is across the street
where I believe most of our objections are coming -- I also appear as one of the owners of the
property next door. We have no objection to the property being R-O. I feel like the people that
have the most at risk here would be the people that are actually on the north side of the street, Dr.
Smith, Dr. Hudson, and the Lades. I stated in my application that none of those people have any
objections. Dr. Hudson and Dr. Smith are here. They can speak for themselves as to whether or
not they have any objections. I was a little puzzled by the trouble that this had when it went
through the first time and I tried to explain in a letter what took place there when this came up
and I believe it was 96- 13 . When we rezoned the paradise valley property, the people objecting
then had concerns about not building cheap duplexes on the property that is now Paradise Valley
and in the last part of the minutes, Swifty Reynolds, who was then on the Commission asked if I
would enter into a Bill of Assurance that we wouldn't put any duplexes on this property. I have
no interest in going into the residential market, I immediately agreed to that for the Paradise
Valley property. I did have some confusion as to why now they are objecting to this request. All
of the inquiries we have had about purchasing the property have been from individuals who want
R-0 property. I don't think it is properly suited for R- 1 . As much as the people objecting may
say that they live in an exclusive residential area, that quite simply is not the fact. If you look
going east on Joyce Street, there is commercial property there. There is R-0 property there.
Immediately across the street from them, I have R-0 property.
Johnson: Does staff have anything to add to the applicant' s presentation or any questions?
Conklin: Mr. Pendergraft is correct. This did go before the Planning Commission on June
10, 1996. It was tabled at that meeting. On July 22, 1996, the Planning Commission approved a
tract that was 6.37 acres; a tract larger than this one. Planning Commission recommended R-0
zoning. It then went to the City Council on November 19, 1996. At that time, the applicant
requested that the property be rezoned R- 1 . That is the reason why the property is zoned R- 1 at
Planning Commission Minutes
April 26, 1999
Page 13
the request of the applicant in 1996. This property is shown on our 2020 Future Land Use Map
as office and staff has recommended residential office zoning for this piece of property.
Pendergraft: I mentioned to every potential purchaser that there probably would be objection
from people who lived across the street and they should be prepared to go through a large scale
development with the Planning Commission and deal with the tree issue and that they may be
better served by putting berms, trees, landscaping, or something along Joyce Street. They should
anticipate that their access being from Sunbest Place which was built by myself and Dr. Smith
and the Lattas and consider putting their parking in the back. Now that is not a condition of my
contract of sale but everyone who has looked at that property is considering Sunbest Place to be
the access to the property.
Public Comment
Ted Brewer residing at 2607 E. Joyce Blvd. which is directly across the street from the property
in question spoke in opposition to the rezoning request.
Bob Shaw residing at 2633 E. Joyce Blvd. spoke in opposition to the requested rezoning.
Harvey Smith residing at 2600 E. Joyce Blvd. spoke in support of the requested rezoning.
Loyde Hudson residing at 2488 E. Joyce Blvd. spoke in support of the requested rezoning.
Robert Frans residing at 2517 E. Joyce Blvd. which is across the street from Dr. Hudson spoke in
opposition to the rezoning request.
Further Commission Discussion
Johnson: There are 2 observations that I would make. First, looking at what is allowed in
an R- 1 zone - City Wide Uses By Right, Government Facilities, Single Family and Two Family
Dwellings, Offices, Studios and Related Services, and Professional Offices. There are other of
things allow by conditional uses if approved by the Planning Commission. The other
observation is that on the General Plan 2020 this stretch of Joyce Street on the north side is
shown to be offices in that location.
Hoffman : Staff, in looking at the one mile diameter zoning map on page 6.30, could you tell
me of the six R-0 properties, are those full or leased to capacity or are they vacant.
Conklin: Starting at the top of Zion Road, I believe that property is currently vacant on
Randall. I don't think there is any development up there. The R-0 that is on Hwy 265 , that is
Charter Vista and Youth Bridge. There could be some parcels that are undeveloped but there is
Planning Commission Minutes
April 26, 1999
Page 14
the medical offices and HealthSouth.
Hoffman: Going west toward Parkview, there are three parcels over in that area.
Conklin: I believe that is developed with the medical clinic and west of Parkview there are
Dr. 's offices and Collier's Drug Store in that location.
Hoffman: That you for refreshing my memory on that. The reason I asked is that we not
only have this rezoning tonight but I think we have another 2. I'm curious if there is a need
based on the sale of the existing zoning.
Pendergraft: I can respond to the Paradise Valley property. There was a comment that a part of
it was empty. The reason being is that we have a planned use development in process. I think
Commissioner Ward will explain that we have turned down several potential tenants because we
are looking for a certain size of building in there. The fourth building we plan to build in there is
not ready to be built yet. We don't feel there is the need or the size building requested.
Hoover: Staff, can the 2020 Plan that is laid out -- what was the criteria? I can understand
the commercial at intersections.
Conklin: We looked at office development along the north side of Joyce. We did extend
that further to the west. That was one of the reasons we showed those on the 2020 Plan as office.
We thought it was appropriate at that time with the Master Street Plan designating Joyce
Boulevard as an arterial.
Hoover: Because of the type of street.
Conklin: The street and the existing development patten in that area.
Hoover: On R-O is there a height limitation?
Conklin: That is based on additional setback. The higher you go, you have additional
setbacks.
Hoover: There's no maximum height you could be. I am just concerned in this situation
that someone might want to put a 4 or 5 story building right there. It wouldn't be very
appropriate.
Conklin: "There shall be no maximum height limits in R-0 districts pro-vided however that
any building which exceeds a height of 20 feet shall be setback from any additional or boundary
line of any R- 1 , R-2, or R-3 district an additional distance of 1 foot for each foot of height in
Planning Commission Minutes
April 26, 1999
Page 15
excess of 20 feet." Any additional height over 20 feet, you also have additional setback which is
a 1 : 1 ratio.
Johnson: Wouldn't this development come back before us as a large scale so that the
Commission would see and have a say over the height of the building?
Conklin: It would come back as a large scale development. As long as they met the
ordinance requirement, they could potentially build a two story building.
Odom: Is Dr. Dill involved in any way?
Pendergraft: There are only 4 people involved. That is myself, my sister, Laurie Mason, Mike
Hill and David Johnson. We are the four co-owners.
Ward: I feel like it' s less obtrusive to have an R-0 zoning along an arterial street. The
few residents out there are backing up to a golf course.
MOTION
Mr. Ward made a motion to approve RZ99-7.
Mr. Marr seconded the motion.
Johnson: The affect of this motion should it carry would be to recommend this to the City
Council.
Forney: I think this is a tough call. Rezonings are one of the most important things we do.
This is situation where we have a couple of conflicting influences. On the one hand, if you think
we should follow our General Land Use Plan which does indicate that this should be Residential
Office. On the other hand, we should consider this as a matter of timing. Is this the right time to
rezone? Is there a need for additional R-O? I appreciate Commissioner Hoffman' s adjoining
zoning clarification. The concern I have while I think that this should ultimately go R-0 and it is
appropriate is that I am a little concerned that we are setting a trend of path where relatively less
expensive land is rezoned further out from existing zoned land which is not yet developed. We
do have a good bit of existing R-0 land which is closer to the center and is also adjacent. There
is cheaper property further out. We intend to encourage more spread, more sprawl, and more
traffic problems. I think we need to mull this over.
Odom: Call the question.
Roll Call
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Brent Vinson, Associate Planner
DATE: April 26, 1999
RZ 99-7.00: Rezoning (Pendergraft, pp 176) was submitted by Neal Pendergraft for property
located east of 2680 Joyce Street. The property is zoned R- 1 , Low Density Residential , and
contains approximately 4.98 acres. The request is to rezone the property to R-O, Residential
Office.
RECOMMENDED MOTION:
Staff recommends the requested rezoning . from R-1 to R-O based on the findings included
as part of this report.
PLANNING COMMISSION ACTION: YES Required
Approved Denied
Date: April 26, 1999
Comments:
CITY COUNCIL ACTION: YES Required
Approved Denied
Date:
Planning Commission Meeting
April 26, 1999
RZ 99-7 Pendergraft
Page 6. /
BACKGROUND :
The applicant .requests the rezoning of 4.98 acres of Low Density Residential property on East
Joyce Blvd. to Residential-Office. The property is currently owned by Neal Pendergraft, Lauri
Myers, and Michael Hill, et al. The property owners purchased the property with the intent of
developing professional offices. The property is currently under contract for sale pursuant to the
property being zoned R-O. The prospective purchaser also intends to build professional offices.
Staff would encourage the prospective purchaser to consider locating parking lots behind the
development along Joyce Blvd.
The previous property owners obtained a lot split to create this property and three other adjacent
properties from one parent property. One condition of the lot split was that Sunbest Place (street)
be constructed to provide appropriate frontage to all four properties. (The properties created in
this lot split are shown on the parcel map provided in this packet)
On November 19, 1996, Mr. and Mrs. Perry Crawford brought this property to City Council
requesting rezoning from A- I to R-O. There was much opposition at the time from the
townhouse owners against this rezoning. The City Council rezoned the property to R- 1 . One
townhouse property owner from across the street, Ted Brewer, stated that the townhouses
property owner' s association was not in objection to the R- 1 zoning but feared this rezoning
would be used as a stepping stone to reach an R-O rezoning. (Please refer to the City Council
minutes included in this packet.)
Mr. Pendergraft has submitted a letter responding to the opposition against the proposed '
rezoning. (Please refer to the applicant' s letter regarding the history of previous actions on this
property and surrounding properties.)
ADJACENT LAND USE AND ZONING:
North: Two single family residences exist north of the property, zoned R- 1 and owned by
Dr. and Mrs. Harvey Smith and Mr. and Mrs. Dick Latta.
South: Six duplexes exist south of Joyce Blvd. on property zoned R-2. The duplexes
abut Paradise Valley Golf Course.
East: R-O offices (Paradise Valley Center) existjust east of Sunbest Place. The offices
include three dentist' s offices, a computer training company, and the local office
for Alltel.
West: A single family residence owned by Dr. Arlene Hudson is located to the west.
Planning Commission Meeting
April 26, 1999
RZ 99-7 Pendergraft
Page 6. 2