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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 H:I USERSICOMMOMDAWN7IREPOR7SIPC16-11-00lholland. upd 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 t 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 H:I USERSICOMMOMDAW,V7IRF.POR7SIPCI6-11-OOLholland. wpd Land Area Per Iureklittg:.;; Unit: Mobile Home : .T:..... 3000 sq.. ft. Row Houses &Apartments: Two or More 1200 sq. Bedrooms ft. One Bedroom 1000 sq. ft. No Bedroom 1000 sq. ft Fraternity or 500 sq. Sorority ft., per resident D. Bulk and Area Regulations/ Setbacks. Setback lines shall meet the following minimum requirements. From Street ROW 30 ft. From Street ROW if Parking 50 ft. is Allowed Between the ROW and the Building From Side Property Line 10 ft. From Side Property Line 15 ft. When Contiguous to a R-1, R-2 or R-3 District From Back Property Line 25 ft. Without Easement or Alley H: I USERSICOMMOMDA{VNfIREPORTSI PCI6-12-001holland wpd Lot Mobile Home 100 ft. Minimum Park Width: From Center Line of Public 10 ft. Alley 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) ARKANSAS COMMERCIAL REAL ESTATE 11294 N HWY 170 FARMINGTON, AR 72730 (501)530-1122 May 22, 2000 Fayetteville Office of City Planning 113 West Mountain Fayetteville, AR 72701 Dear Friend: The following information is for a zoning request change for property owned by Tommy/Jodi Holland and Richard/Mary Osborne. The request is to rezone this property located immediately west of the Northwest Nursing Center on the south side of Appleby Road from its current zoning of R-1.5 to R -O zoning. By studying the enclosed vicinity map, you can see that the Northwest Nursing Center is located immediately east of this property and the new Washington Regional Hospital and North Park Medical Clinics is located immediately north across Appleby Road. In addition, a new medical facility is currently being built on R -O zoned property located across Appleby and immediately east of Northwest Nursing Center. It is the belief of the owners that R -O zoning would allow their property to serve at its highest and best use. Residential style offices would fit in well with the surrounding R -O zoning (see enclosed zoning map) and building architecture consisting of residential style medical facilities and residential duplexes. The eventual development of this 2.54 acres will have little or no effect on traffic. Signage for this eventual development would be very similar to the split faced brick monument sign owned by Northwest Nursing Center. Availability of water and sewer is shown on the enclosed map supplied by the engineering department. The water line on the north side of Appleby Road and the Sewer line located on the west side of the North Heights Subdivision duplexes would most likely serve this property. These proposed connections are shown on the map. Mr. Bob Younkin has given a verbal approval for an easement for a sewer connection to the man whole located on his property east of the North Heights Subdivision. Please also refer to the two property line adjustment requests that have also been turned in for this property. This request to rezone is to allow this property to be sold for R -O development. Thank you for your time and consideration. Sincerely, Richard L. Richbbs s GG s Owner/Principal Broker Enclosure :• `0. RZ00-19.00 - Holland/Osburne - Close Up R-0 R-0 0 J _J 2 2 0 z R-0 II I I R-1.5 R-1.5 R-1.5 n R-2 R_2 i2R_ R-1.5 _J R-1.5 j j F u cR 2 ; j� z IR-2 it :. � R2L,J 200 0 200 Feet R-2 CYDNEE C R-2FR-:Y R-2 R-2 2 �R-2 C7 2 2 R-2 RZ00-19.00 - Holland/Osburne - One Mile Diameter w � G2 • H O J � • LL R-0 C-2 R-0 • • • G2 VAN ASCHE ; • G1 .• '• G1 N. I-1 F. • • R-1 G2 NIG TINGALE bT wA-1 G2 • R-1 R,6 MILLSAP R-1 . • \OHWPYT FUTRALL . - •• • R-0 O ..• G2 G2 Ho g R-1 o � ` G2 • . , z S. ALIC O R-0 • C-2 zHtt DE 2 w A-1 1 NR�1Y LONGVIEW -g G2? m LONGVIEW 7 p2 A-1 A-1 r . C. -0 • R-0 3 Q ••'• A-1 R-1 R 1 J BERTRASi BBL R-1 R-1 �P,IT1 R-0 - MALINDA H MGH • . • ' QUAIL CREEK MARGARET 41 G2 BRI R • APPLEBY BUTT NUT • w SHANE R -1C 2 R-0 R 1 - 3 R-2 • • .41 w CYDN C-2 r R-1 R-0 • PHARRI y R R-2 RI PlE CREEK 3 R 2 R- N �p r BISHOP O PO Rot G w yF w w r i �' w GCENN `Ia w R-1 Q1 9 R-1.5 R-2 -2 MIMOS G2 DNMg R-1 -1 R i MT DRAKE o EVER R EN O'9KS •.vp• AUGUSTA ' aJ3� - L N FORSYTHIA N R- R- IESTA SHERYL R-2 R-0 Rµ1T R-2 c < ADOBE 8 G2 C 5 0 3 R-1 G2 J U, JOCELYN EYGON R / w EN YBROOK SUNBRIDGE R-0 1 R-1 R-1 N R-1 G1 o p R-0 R- E o WOODBRO C-2 m0 o I w G2 I-i Y w G2 w A y r CENTURY z y• R-1 Z I-1 G2 R-1 RI R-1 EAS COLT PEELIC 2 C-2 3 SUNNY 414 • R-1 I-1 R-1 z R-i N W E S 1400 0 1400 Feet :5.. . i JUN -16-2000 13:39 CRRFTON TULL FAYETTEUILLE • 501 442 6966 P.02/02 Total Legal Description (Revised Tracts 2 & 3) A part of the SI/2 of the NW1/4 of the NW1/4 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 S112 of the NW1/4 of the NW1/4; thence N 88°53'22" E, 383.17 feet to the Point of Beginning; thence I^88°53'22" E 348.17 feet; thence S 1 ° '50" E 309.56 feet; thence S 8°13' W(39.56 feet; thence S 1°32' W 10.00 feet,)thence S 89°13' W 309.93 feet; 3hence`N 0°45'30" W 317.56 feet to the Point o Beginning, containing 2.544 acres, more or less. Subject to road right-of-way for Appleby Road and all easements of record. Prepared by Grafton, Tull & Associates 6/16/00 TOTAL P.02 .10 STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of July 3, 2000 FROM: Tim Conklin Planning Public Works Name Division Department ACTION REQUIRED: To approve an ordinance for RZ 00-18, 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. COST TO CITY: r Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Remaining Balance Program Name Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager CONTRACT REVIEW: Accou g an r Date C ty Attorne Date Purchasing Officer Date Administrative Services Director GRANTING AGENCY: Internal Auditor Date ADA Coordinator Date STAFF RECOMMENDATION: Staff recommended approval and on June 12, 2000, Planning Commission unanimously voted 8-0-1 with Commissioner Ward abstaining to recommend approval and forward the rezoning to the City Council. Date 4_u -c� Date Date Date Cross Reference New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract Number: FAYETTEVIL LE THE CITY OF FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Tim Conklin, Planning Division From: Heather Woodruff, City Clerk Date: July 12, 2000 Attached is a copy of Ordinance 4255 rezoning property submitted by Richard Grubbs of Arkansas Commercial Real Estate on behalf of Tommy and Jodi Holland and Richard and Mary Osborne. The original will be microfilmed and filed with the City Clerk. AUG-02-2000 15:41 N W R TIMES P.05/16 280 IMANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRI- BED IN REZONING PETITJCN 8200.18 FOR A PARCEL LY 2584 ACRES LOCATED ON APPLEBY DRIVE RE- QUESTED BY RICHARD GRUBBS OF ARKANSAS COMMERCIAL REAL ESTATE ON BEHAIF OF TOMMY AND JCOI HOLLAND AND RI- CHARD AND MARY OS - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVIL LE, ARKANSAS. Sttton.jjhat the lane rJas- slrication of the fogowing descri- bed as rdbwx ty is hereby rnangeo From R-1.5. Moderate Density Residential Dlstric: to A -O. Residantial Office District for the real property descrlbdd in Exr bit -A- w Cached. nemb and made a parthereof. 9aeijpnn2, That the official zoo. b9 map of the City m Fayette. yule, Arkansas. is hereby amended to reflect no zenine change provided in Section 1 shove. PASSED AND APPROVED THIS 5Th day ofJuly, 2000. APPROVED: , By: Fred Hanna, Mayo - ATTEST: By: Heather Woodruff. City Clerk EXHIBIT -A+ LEGAL DESCRIPTION FOR 8200.18 A pan of the S12 tN the NW114 of the NW7/4 of Section 35. Township 17 North, Range 30. West in Washington. County. ArWnsas, being more partcu- lery descrered as Folios: Commencing at the Northwest rAmer of said 312 of me NW 1/4 of the NW1/4; thence N8e°S3'22• E. 383.17 feel to Ins Point of Beginning; thence N 88.5322° E348.17 feet: thence Si^04'50E 309.59 feet; Thence S 89.13W39.58 feet thence S 1. 32' W 10.00 feet: (hence S89°13' W 308.93 feet: thence N 0°4530- W 317.56 feet to me Point of Be- ginning mmaining 2.544 acret more or less. Subject to road right-of_way for Appleby Road and all aaeenlents of record. STATE OF ARKANSAS ' 0 County of Washington J ss. I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class marling 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 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. I further ce4ity that the legal notice attached in the was published in the regular daily issue of said tie aper for consecutive insertions as follows: The first insertion on the day of 20 the second insertion on the the third insertion an the the fourth insertion on the Sworn b and subscribed before me on this My Commission Expires: Fees for Printing...... Cost of Proof........... Total.. - ,f 4Tiw�sft5 I }otrsy?ubiic, ;taJ. ,. D:CJ day of 20 — day of 20 --- Manager day of Notary Public ?5.