HomeMy WebLinkAboutOrdinance 4243 FILED FOR RECORD
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ORDINANCE NO.'14243NlASrI11; CT0N CO AR
X . URi% ESS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ00-12.00, FOR A PARCEL
CONTAINING APPROXIMATELY 6 ACRES, LOCATED AT
THE SOUTHWEST CORNER OF JOYCE BLVD. AND OLD
MISSOURI ROAD, AS REQUESTED BY GEORGE FAUCETTE,
ON BEHALF OF BUTTERFIELD TRAIL VILLAGE.
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:
RZ00- 12.00 for the real property described in Exhibit "A" attached
hereto and made a part hereof.
From A-1 , Agricultural to R-O, Residential Office.
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 18th day of April , 2000.
APPROVED:
By:
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City CrA
200003206s _ ._
• � • ord . 4243
EXHIBIT A
EXHIBIT "A"
Legal Description for RZ00-12.00 EX
Part of the SW 1/4 of the NE 1 /4 of section 25, township 17 North, Range 30 West
Esc
Washington County, Arkansas and being more particularly described as beginning
at a point S 0°50'52" E 36.06 feet from the NW corner of the SW 1/4 of the NE 1/4
of said section 25; thence N 89°59'20" E 355 .95 feet; thence S 48°06'43" E 37. 11
feet; thence S 5° 12'14" W 386.88 feet; thence S 6°57'27" W 353 .69 feet; thence S
89009'08" W 294.35 feet; thence N 0005'52" W 765 .51 feet to the point of
beginning, containing 6.00 acres, more or less.
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NAME OF FILE: 41,'A L Na �� y3
CROSS REFERENCE:
Date Contents of File Initials
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Do �
/ D
r r I I • � • 1.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZ00- 12.00 FOR
A PARCEL CONTAINING APPROXIMATELY 6
ACRES LOCATED AT THE SOUTHWEST CORNER OF JOYCE
BLVD. AND OLD MISSOURI ROAD AS REQUESTED BY
GEORGE FAUCETTE ON BEHALF OF BUTTERFIELD TRAIL VILLAGE.
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:
RZ00- 12.00 for the real property described in Exhibit "A" attached hereto and
made a part hereof.
From A- 1 , Agricultural to R-O, Residential Office.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section above.
PASSED AND APPROVED this day of 2000.
APPROVED:
By
Fred Hanna, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
Part of the SW 1/4 of the NE 1/4 of section 25, township 17 north, range 30 west Washington
County, Arkansas and being more particularly described as beginning at a point S 0050'52" E
36.06 feet from the NW corner of the SW 1/4 of the NE 1/4 of said section 25 ; thence N
89059'20" E 355.95 feet; thence S 48 °06'43 " E 37. 11 feet; thence S 5 ° 12' 14" W 386.88 feet;
thence S 6 °57'27" W 353.69 feet; thence S 89 °09'08" W 294.35 feet; thence N 0 °05'52" W
765.51 feet to the point of beginning, containing 6.00 acres, more or less.
FAYETTEVILLE
THE CrrY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 575-8264
PLANNING DIVISION CORRESPONDENCE Ag'ov
.Drur
TO: Fayetteville Planning Commission cO f a
FROM: Dawn T. Warrick, Associate Planner
THRU: Tim Conklin, City Planner
DATE: March 13, 2000
RZ 00-12: Rezoning (Butterfield Trail Village, pp 176) was submitted by George Faucette on
behalf of Butterfield Trail Village for property located at the southwest comer of Joyce Blvd. &
Old Missouri Road. The property is zoned A- 1 , Agricultural and contains approximately 6 acres.
The request is to rezone to R-0, Residential Office.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: March 13, 2000
CITY COUNCIL ACTION: =Required: YES
(DApproved O Denied
=a
'Date:
Comments:
HAUSERS�COMMOMDAWM)REPORTS\PL\i-l3-06%butterjeld.wpd
BACKGROUND:
The applicant is seeking R-O, Residential Office zoning for this 6 acre tract of property. This 6
acres at the intersection of Old Missouri Rd. and Joyce Blvd. was recently split from the
remaining Butterfield Trail Village land to the west. As a condition of the lot split, dedication of
sufficient right of way to meet the Master Street Plan requirement for a collector street (Old
Missouri Rd.) on the east was a condition of that split.
On the General Plan 2020, all of Joyce Blvd. on the north side of the street between Vantage
Street (future collector) and Crossover Rd. is classified as office. The areas on the south side of
Joyce Blvd. between these streets are classified as residential or open space / recreational. The
intersection of Old Missouri Rd. and Joyce Blvd. is a signalized intersection. Two major streets
converge in this location creating a node. Three corners of this intersection are currently vacant,
the fourth corner is occupied by the clubhouse and golf course for Paradise Valley.
SURROUNDING LAND USE AND ZONING
North: Vacant (A- 1 )
South: Vacant - part of Butterfield Trail future phase (A- 1 )
East: Paradise Valley Club house and golf course (A- 1 )
West: Life Change Community Fellowship Church (A- 1 )
INFRASTRUCTURE:
Streets: Joyce Blvd. on the north is a 4-lane principal arterial which requires a total of 110'
of right of way. Old Missouri Rd. on the east is classified as a collector street on
the Master Street Plan requiring a total of 70' of right of way. Old Missouri will
be improved to collector street standards as development occurs.
Water: 6" line along Old Missouri Rd.
Sewer: 8" line within Butterfield Trail development to the south west
LAND USE PLAN: General Plan 2020 designates this site Residential.
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: Residential Office zoning allows for single family and two family dwellings as
H:\USERS\COMMOMDAWMVlEPORTSPCV-13-OWtwterfield.wpd
well as for professional offices. This zoning will allow a mix of residential
and office uses and is consistent with the land use plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified at this time. The north side of Joyce Blvd.
is currently designated as Office from the proposed Vantage Street on the
west to Crossover Rd. on the east. Old Missouri Road is the largest
intersection on Joyce Blvd. between these two cross roads. This corner can
serve the area as a node of office / commercial uses.
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
or congestion. This property is located at the corner of a signalized
intersection. Joyce Blvd. is a principle arterial on the Master Street Plan and
Old Missouri Rd. is classified as a collector. Additional right of way along
Old Missouri Rd. was dedicated as a condition of the lot split creating this
tract of land in accordance with Master Street Plan requirements.
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 rezoning would 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;
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:\USERSCOMMOMDAWMVtEPORTAPC\3-l3-Wfbutterf eld.wpd
§161.12 DISTRICT R-O RESIDENTIAL Two Family 60 ft.
OFFICE.
Three or More 90 ft.
A . Purpose. The Residential-Office
District is designed primarily to provide area for Lot Area Mobile Home Park 3 acres
offices without limitation to the nature or size of the Minimum:
office, together with community facilities, restaurants
and compatible residential uses. Lot Within a 4200 sq. ft.
Mobile Home Park
B. Uses.
Row Houses:
1. Uses Permitted. Development 10,000 sq.
Unit 1 City-Wide Uses by Right ft.
Unit 5 Government Facilities Individual Lot 2500
Unit 8 Single-Family and Two-Family sq. ft
Dwellings Single Family 6000 sq. ft
Unit 12 Offices, Studios and Related Two Family 6500 sq: ft
Services
Three or More 8000 sq. ft
Unit 25 Professional Offices
Fraternity or 1 acres
2. Uses Permissible on Appeal to Sorority
the Planning Commission. Land Area Mobile Home 3000 sq. ft.
Unit 2 City-Wide Uses by Conditional Per Dwelling
Use Permit Unit:
Unit 3 Public Protection and Utility Row Houses
Facilities &Apartments:
Unit 4 Cultural and Recreational Two or More 1200 sq. ft.
Facilities Bedrooms
Unit 9 Multi-Family Dwelling - Medium 1000 sq. ft.
Density One Bedroom
1000
Unit 10 Multi-Family Dwelling - High sq. ft
Density No Bedroom
Unit 13 Eating Places Fraternity or 500 sq. ft.,
Sorority per
C. Bulk and Area Regulations. resident
( Per DwellingUnit for Residential Structures)
Lot Mobile Home Park 100 ft. D. Bulk and Area Regulations/ Setbacks.
Minimum Setback lines shall meet the following minimum
Width: requirements.
Lot Within a 50 ft.
Mobile Home Park
One Family 60 ft.
HAUSERACOMMOMDAWMVtEPORTSPA3-13-Oft utterjeld.wpd
From Street ROW 30 ft.
From Street ROW if Parking is 50 ft.
Allowed Between the ROW and the
Building
From Side Property Line 10 ft.
From Side Property Line When 15 ft.
Contiguous to a R-1 , R-2 or R-3
District
From Back Property Line Without 25 ft.
Easement or Alley
From Center Line of Public Alley 10 ft.
E. Building Area. On any lot the area
occupied by all buildings shall not exceed 60% of the
total area of such lot.
F. Height Regulations. There shall be no
maximum height limits in R-O Districts, provided,
however, that any building which exceeds the height
of 20 feet shall be set back from any boundary line of
any R-1 , R-2, or R-3 District an additional distance
of one foot for each foot of height in excess of 20
feet.
(Code 1991 , § 160.041 ; Code 1965, App. A, Art.
5(x); Ord. No. 1747, 6-29-89; Ord. No. 2414, 2-7-78;
Ord. No. 2603, 2-19-80; Ord. No. 2621 , 4-1-80)
H: USERSCOMMOMDAWA7\REPORTAPCV-13-"utterfteld.wpd
To: Fayetteville Planning Commission
From: George Faucette & Dan Broyles, Representatives of the Applicant
Date: 2/18/00
Re: Rezoning App. A- I to R-0
ubie : Butterfield Trail Village' s parcel #765-15677-000, six (6) acres
more or less (part of a larger parcel) at the stop light of Joyce Blvd. and Old
Missouri Road, just west of the Paradise Valley Country Club and east of the
LifeChange Community Fellowship Church.
Applicants: Butterfield Trail Village, Inc.
Owner s: Butterfield Trail Village, Inc.
P=ose: Construction of office buildings.
This property is under contract and the applicants are the Sellers of the property.
The contract is contingent upon the rezoning of the property from A- I to R-0.
Rezoning is requested by the applicants to complete the sale of this parcel, and finance
the expansion project currently in large-scale development planning with the City.
The adjacent and nearby land use is mixed:
>East is Paradise Valley Golf Course,
>South is R-2 zoning proposed (Butterfield Trail),
>West is Institutional with LifeChange Community Fellowship,
>North is Vantage Square Office Park consisting of eight office buildings and one
multi-level surgery center, plus the undeveloped land of the Ferrell LP
( 13 acres mol) and the Luke Knox property (26 acres mol).
In August 1999, new R-O rezoning occurred on 4.98 acres on Joyce Blvd. and Sunbest
St., located between Old Missouri Rd. and Crossover Rd. This parcel was owned by
Neal R. Pendergraft, et al.
High density residential exists at Butterfield Trail, and to the north at The Park, a
Lindsey Property Management property located behind the Vantage Square Office Park.
The infrastructure is excellent and all utilities are available. The water line available is
6 inches and the sewer lines are 8 inches.
Our proposed rezoning anticipates no undesirable increase to population density, and
no undesirable increases on public services including schools.
Best regards.
a•
se •
RZ00-12.00 - Butterfield Trail Village - Close Up
-OiR-OI
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R-0 R-0
_JJ
JOYCE
RZa12.00
❑ ❑fl 6.65 AC.
A 1 to R-0
a
aAl
A 1 A-1
R-2
R-2
200 0 200 Feet
Al
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RZ00-12.00 - Butterfield Trail Village - One Mile Diameter
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R-0
WA -1 ry
PRIVA G2 > O RANDA R-1
a
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R-2 ZION A-i
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Planning Commission Minutes
March 13, 2000
Page 31
RZ00-12: REZONING
BUTTERFIELD TRAIL VILLAGE, PP176
This item was submitted by George Faucette on behalf of Butterfield Trail Village for property
located at the southwest corner of Joyce Blvd and Old Missouri Road. The property is zoned A-
1, Agricultural and contains approximately 6 acres. The request is to rezone to R -O, Residential
Office.
Daniel Broyles was present on behalf of the request.
Staff Recommendation
Staff recommends approval of the requested rezoning.
Commission Discussion
Conklin: Staff has recommended approval. They are requesting rezoning the property from
A-1 to R -O. To the east of this property is Paradise Valley at the intersection of
Joyce and Old Missouri Road. That includes the clubhouse, restaurant, and
parking lot. To the northeast across Joyce is undeveloped and zoned A-1. It is
designated on the land use plan as office. To the west is a church and further
south and west is a 60 unit large scale development which we approved several
weeks ago.
Public Comment
Wes Murtishaw was present.
Murtishaw: I am President of the Board of Butterfield Trail Village. Also with me is Vice
President, Don Honeycut and our Treasurer, David Lashley.
MOTION
Commissioner Shackelford made a motion to approve RZ00- 12.
Commissioner Man seconded the motion.
Roll Call
Upon roll call, the motion passed with a unanimous vote of 8-0-0.
Planning Commission Minutes
March 13, 2000
Page 32
APPOINTMENT OF NOMINATING COMMITTEE
Johnson: Our last item is appointment of the
Nominating Committee.
I appoint
Commissioner
Ward which is a word to the wise not to miss
a meeting.
Commissioner
Man, would you be
willing
to serve?
Man: Yes.
Johnson: I will appoint myself, the chair, as the third member of the Nominating
Committee. That report will come back to the Commission at the next meeting.
Commissioner Man will you find a time for us to meet?
Meeting adjourned at 7:38 p.m.
•
• •
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of April 4, 2000.
FROM:
Tim Conklin
Name
Planning
Division
Public Works
Department
ACTION REQUESTED: To approve an ordinance for RZ 00-12.00 submitted by George
Faucette on behalf of Butterfield Trail Village for property located at the
southwest corner of Joyce Blvd. and Old Missouri Road. The property is zoned A-
1, Agricultural and contains approximately 6 acres. The request is to rezone to
R -O, Residential Office.
COST TO CITY:
SO
Cost of this request
Account Number
Project Number
BUDGET REVIEW:
Budget Coordinator
Category/Project Budget
Funds used to date
Remaining balance
Budgeted Item
Category/Project Name 37-19d
Program Name At LIZ
TOR'
Fund
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
Ac64ptg a4ger Date
31��
City Attatjiey 6 Date
Purchasing Officer Date
GRANTING AGENCY•
ADA Coordinator Date
Internal Auditor Date
STAFF RECOMMENDATION: Staff recommended approval and Planning Commission
unanimously voted B-0-0 to recommend and forward the rezoning to the City
Council.
3_77-oo
Cross Reference
Date
3- ZO-OO
New Item: Yes No
D te
Prev Ord/Res#:
3/
Date
Orig Contract Date: -
•
FAYETTE9ILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: April 21, 2000
Attached is a copy of the ordinance approving rezoning request RZ 00-12.00. The original will
be microfilmed and filed with the City Clerk.
cc: Ed Connell, Engineering
Tony Webb, Planning
Clyde Randall, Engineering
S • DECEIVED
STATE OF ARKANSAS •
MAY 0 12000
County of Washington } 55. ACCTG° DEPT
ORDINANCE NO. 424
AN ORDINANCE REZONING
THAT PROPERTY DESCRI-
BED IN REZONING PETITION
RZOO-12.00, FOR A PARCEL
CONTAINING APPROXIMATE-
LY 6 ACRES, LOCATED AT
THE SOUTHWEST CORNER
OF JOYCE BLVD. AND OLD
MISSOURI ROAD, AS RE-
QUESTED BY GEORGE
FAUCETTE, ON BEHALF OF
BUTTERFIELD TRAIL VIL-
LAGE.
BE IT ORDAINED. BY THE
CITY COUNCIL OFTHE CITY
OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the zone classi-
fication of the following descri-
bed property is hereby changed
as follows:
RZOO-12.00 for the real proper-
ly described in Exhibit "A" at-
tached hereto and made a part
hereof.
From A-1, Agricultural to R -O,
Residential Office.
Soc4002.That the official zon-
ing map of the City of Fayette-
ville, Arkansas, is hereby
amended to reflect the. zoning
change provided in Section 1
above.
PASSED AND APPROVED
this 18th day of April, 2000.
APPROVED:
By: Fred Hanna, Mayor
ATTEST:
By: Heather Woodruff, City
Clerk
EXHIBIT "A'
Legal Description for
RZOO.12.00
Part of the SW1/4 of the NEI/4
of section 25, township 17
North, Range 30 West, Wash-
ington County. Arkansas and
being more particularly descri-
bed as beginning at a point
SO°50'52"E 36.06 feet from the
NW corner of the SW1/4 of the
NE1/4 of said section 25;
thence N 89°59'20" E 355.95
feet; thence S48°06'43" E
37.11 feet; thence S 5°12'14"
W 386.88 feet: thence S
6°5727" W 353.69 feet; thence
S 89°0908" W 294.35 feet;
thence N 0°0552" W 765.51
feet to the point of beginning,
containing 6.00 acres, more or
less.
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 tour 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
more than a period of twelve months, circulated and distributed from an
established place of business to subscribers and readers generally of all
classes in the City and County for a definite price for each copy, or a fixed
price per annum, which price was fixed at what is considered the value of the
publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months and that the said newspaper publishes an
average of more than forty percent news matter.
certify that the legal notice attached in the matter of
was published in the regular daily issue of said newspaper for —
consecutive insertions as follows:
The first insertion on the day of 2000
the second insertion on the
day of 20
the third insertion on the day of 2
the fourth insertion on the
Pu �'
Ii er/General Manager
Sworn to and subscribed before me on this c & day of
blio State of ATF° " '< Notary Public
Notar publinSlonCO 1% 'IN512
My Commission Expires:, x��ccera
Fees for Printing.......................................................$ d
Costof Proof.............................................................$
Total..............................