HomeMy WebLinkAboutOrdinance 4255 ES
FILED FOR RECORD
000 PUG 3 Pfd 2 46
ORDINANCE NO. 4255
WASHINGTON CO AR
AN ORDINANCE REZONING THAT PROPERTY DESdrRP6EFFji E S S
.5
IN REZONING PETITION RZOO-18 FOR A PARCEL
CONTAINING APPROXIMATELY 2.544 ACRES LOCATED ON
APPLEBY DRIVE REQUESTED BY RICHARD GRUBBS OF
ARKANSAS COMMERCIAL REAL ESTATE ON BEHALF OF
TOMMY AND JODI HOLLAND AND RICHARD AND MARY
OSBORNE.
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 .5, Moderate Density Residential District to R-O, Residential Office
District 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 5th day of July 2000.
APPROVED:
A �
� : Vit;:
C; it By:
l'p'
ty ••'
red Hanna, Mayor
By:
Heather Woodruff, City CletY
i
e5:7?0�M� /�0;2—
ord . 4255
EXHIBIT A
EXHIBIT "A" E
LEGAL DESCRIPTION FOR RZ 00- 18
A part of the S '/2 of the NW '/4 of the NW '/4 of Section 35, Township 17 North,
Range 30 West in Washington County, Arkansas, being more particularly described
as follows:
Commencing at the Northwest comer of said S %2 of the NW '/4 of the NW '/4; thence
N 88° 53'22" E, 383. 17 feet to the Point of Beginning; thence N 88 °53'22" E 348. 17
feet; thence S 1 '04'50" E 309.56 feet; thence S 89° 13' W 39.56 feet; thence S 1 °32'
W 10.00 feet; thence S 89° 13' W 309.93 feet; thence N 0°45'30" W 317.56 feet to the
Point of Beginning containing 2.544 acres, more or less. Subject to road right-of-
way for Appleby Road and all easements of record.
M
x
I, Kathleen Harness. Circuit Clark and Ex-officio
Recorder for Washington County, Arkansas, do hereby
certify that this instrument was filed for record In my
office as Indicated hereon and the same Is now duty
recorded with the ocknowlodgament and certificate
thereon in Record Book and Pepe as Indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the dale indi-
cated hereon.
Kathleen Harness
Circuit Clerk an -oK®oclloo Recorder
NAME OF FILE: A��Q� /(/0 . 'Y J`✓S
CROSS REFERENCE:
Date Contents of File Initials
7 �
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ 00- 18 FOR A PARCEL
CONTAINING APPROXIMATELY 2.544 ACRES LOCATED ON
APPLEBY DRIVE REQUESTED BY RICHARD GRUBBS OF
ARKANSAS COMMERCIAL REAL ESTATE ON BEHALF OF
TOMMY AND JODI HOLLAND AND RICHARD AND MARY
OSBORNE.
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 .5, Moderate Density Residential District to R-O, Residential Office
District 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 day of 2000.
APPROVED::
By:�//C�(
Fred Hanna, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION FOR RZ 00- 18
A part of the S %2 of the NW '/4 of the NW '/4 of Section 35, Township 17 North, Range 30 West in
Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northwest corner of said S %z of the NW '/4 of the NW %4; thence N 88°53'22"
E, 383 . 17 feet to the Point of Beginning; thence N 88°53'22" E 348. 17 feet; thence S 1 °04'50" E
309.56 feet; thence S 89° 13' W 39.56 feet; thence S 1 '32' W 10.00 feet; thence S 89° 13' W 309.93
feet; thence N 0°45'30" W 317.56 feet to the Point of Beginning containing 2.544 acres, more or less.
Subject to road right-of-way for Appleby Road and all easements of record.
Planning Commission Minutes
June 12, 2000
Page 26
RZ 00-18.00: Rezoning (Holland/Osborne, pp 251) was submitted by Richard Grubbs of
Arkansas Commercial Real Estate on behalf of Tommy & Jodi Holland and Richard & Mary �r
Osborne for property located on east Appleb . The property is zoned R- 1 .5, Moderate Density
Residential and contains approximately 2.5Tacres. The request is to rezone to R-O, Residential
Office.
Odom: The next item we have on tonight's agenda is RZ 00- 18 submitted by Richard
Grubbs of Arkansas Commercial Real Estate on behalf of Tommy & Jodi Holland
and Richard & Mary Osbome for property located on east Appleby. The property
is zoned R- 1 .5, Moderate Density Residential and contains approximately 2.53
acres. The request is to rezone to R-O, Residential Office. Staffs
recommendation is for approval of the requested rezoning based upon the findings
as a part of their reports. Staff, is there any further comments?
Conklin: No additional comments.
Odom : I will ask the applicant to please come forward at this time.
Ward: I would like to abstain on this particular issue.
Odom: Commissioner Ward will be abstaining from this particular issue. Go ahead.
Grubbs: Thank you. I 'm Richard Grubbs and I will be speaking on behalf of the owners of
this property. I really don't have any comments right now. If you have any
questions I can answer.
PUBLIC COMMENT:
Odom : Any member of the audience that would like to address us on this issue? Charlie,
you all have anything to share with us? You are visiting over there?
COMMISSION DISCUSSION:
Odom: I will close the floor to public comment and bring it back to the Planning 1
Commission for questions or comments of the applicant.
Hoffman: Mr. Chair, a question regarding screening, and it's probably in my packet and I
missed it, if this rezoning is granted will screening be required between it and the
R-2 neighborhood to the south?
Conklin: Between non residential and residential uses we do require the screening.
Planning Commission Minutes
June 12, 2000
Page 27
MOTION:
Hoffman: Okay. I ' ll move for approval of RZ00- 18 subject to staff comments.
Shackelford: I 'll second.
Odom: We have a motion by Commissioner Hoffman and a second by Commissioner
Shackelford to approve RZ 00- 18. Any further discussion? Will you call the roll.
ROLL CALL:
Upon roll call the motion carries on a vote of 8-0- 1 with Commissioner Ward abstaining.
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, Associate Planner RA
THRU: Tim Conklin, City Planner cod
DATE: June 12, 2000
RZ 00-18.00: Rezoning (Holland/Osborne, pp 251) was submitted by Richard Grubbs of
Arkansas Commercial Real Estate on behalf of Tommy & Jodi Holland and Richard & Mary
Osborne for property located on east Appleby. The property is zoned R- 1 .5, Moderate Density
Residential and contains approximately 2.544 acres. The request is to rezone to R-O, 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: June 12, 2000
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: July 18, 2000
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Comments:
BACKGROUND:
This property is located immediately south of the new WRMC hospital facility which is currently
under construction. Northwest Nursing Center is located to the east and a single family home is
west of the tract. To the south, the property adjoins the North Heights development which
consists of duplex/townhouse units which have been developed with a unified design theme and
architecture.
The subject property is currently vacant and the applicant proposes the future development of
"residential style offices." (See attached letter)
SURROUNDING LAND USE AND ZONING
North: WRMC (under construction), R-O
South: North Heights duplexes, R-2
East: Northwest Nursing Center, R- 1 . 5
West: Single Family Home, R- 1 .5
INFRASTRUCTURE:
Streets : This property is adjacent to Appleby Dr. which is designated on the Master Street
Plan as a collector. Collector streets are designed to handle 4,000 - 6,000 vehicles
per day with a total right-of-way of 70'.
Water: 6" line along Appleby Dr.
Sewer: 10" line along Appleby Dr. to the east, sewer may also be accessible from the rear
of the property
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-O, Residential Office is consistent with the land use plan.
FINDINGS OF THE STAFF
1 . A determination of the degree to which the proposed zoning is consistent with land use
HI USEZWOMMOAWA WA7IREPORTSIP06-12-001holland upd i
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0
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistent with the General Plan 2020. R-O zoning
will provide flexibility for the property owner to develop either residentially
or in a manner consistent with neighboring office developments. .
Z _ . . . . A determination Af whether. the.prnposed zoning is justified and/or needed:auhe time the . .
rezoning is proposed.
Finding: The proposed zoning is justified and needed at this time. The need for
medical and similar offices to serve the surrounding residential
neighborhoods is increasing in this area due to the construction of the new
hospital and other facilities in this area.
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.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would not alter population density and thereby
undesirably increase the load on public services.
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 USERSICOMMONI DAWN7IRF.PORTMPC16-12-00lhalland. npd
§161 .12 DISTRICT R-O C. Bulk and Area Regulations.
RESIDENTIAL OFFICE. ( Per Dwelling Unit for Residential
Structures)
A . Purpose. The Residential-Office Lot Mobile. Home 100 ft.
District is designed primarily to provide area Minimum Park
for offices without limitation to the nature or Width_
size of the office,;.together.with-community-
facilities, restaurants and compatible Lot Within a 50 ft.
residential uses. Mobile Home
Park
B. Uses.
One Family 60 ft.
1 . Uses Permitted, Two Family 60 ft.
Unit I City-Wide Uses by Right
Three or More 90 ft.
Unit 5 Government Facilities Lot Area Mobile Home 3 acres
Unit 8 Single-Family and Two- Minimum: Park
Family Dwellings Lot Within a 4200 sq.
Unit 12 Offices, Studios and Related Mobile Home ft.
Services Park
Unit 25 Professional Offices Row Houses:
2. Uses Permissible on Development 10,000
Appeal to the Planning Commission. sq. ft.
FX�
e Uses by Individual Lot 2500
nal Use Permitsq. ft
rotection and Utility Single Family 6000 sq.
and Recreational Two Family 6500 sq.
Facilities ft
Unit 9 Multi-Family Dwelling - Three or More 8000 sq.
Medium Density ft
Unit 10 Multi-Family Dwelling - Fraternity or I acres
High Density Sorority
Unit 13 Eating Places
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