HomeMy WebLinkAboutOrdinance 4295 FILED FOR RECORD
014Y 8 Pfd 2 44
WASHINGTON CO AR
ORDINANCE NO. 4295 B, STAMPS
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZ01 -3 .00 FOR A PARCEL
CONTAINING APPROXIMATELY .48 ACRES LOCATED
AT THE NORTHEAST CORNER OF JOYCE STREET AND
PARK OAKS DRIVE AS REQUESTED BY WES BURGESS OF
CRAFTON, TULL & ASSOCIATES ON BEHALF OF NOARK
GIRL SCOUT COUNCIL.
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-2, Medium Density Residential to R-0, Residential Office 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 d"74 , 2001 .
APPROVED:
By.
AN COODY, Mayo
ATTEST:
By:
Heather Woodruff, City Clerk
2001 051 528
E
EXHIBIT A
EXHIBIT "A"
RZ01-3.00
A PART OF TRACT 5C2, VANTAGE SQUARE, UNIT 2, WASHINGTON COUNTY,
ARKANSAS, AS PER LOT SPLIT PLAT ON FILE IN DRAWER 3 AT PAGE 98 IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER AT WASHINGTON
COUNTY, ARKANSAS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SE CORNER OF SAID TRACT 5C2; THENCE NO°50'52"W 15.00
FEET ALONG THE EAST LINE THEREOF TO THE POINT OF BEGINNING; THENCE
S88057'05"W 140.94 FEET TO THE WEST LINE THEREOF; THENCE NO°56'27"W 150.00
FEET ALONG THE WEST LINE THEREOF; THENCE N88057'05"E 141 . 19 FEET TO THE
EAST LINE THEREOF; THENCE SO°50'52"E 150.00 FEET ALONG SAID EAST LINE TO
THE POINT OF BEGINNING, CONTAINING 0.486 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS OF RECORD.
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NAME OF FILE: Ordinance No. 4295
CROSS REFERENCE:
03/06/01 Ordinance No. 4295
Exhibit "A" (Legal Description for RZO1 -3 .00)
02/12/01 Planning Commission Minutes (Pages 8 & 9)
02/12/01 Planning Division Correspondence
05/10/01 Letter to Wes Burgess from Heather Woodruff
03/06/01 Staff Review Form
03/26/01 Departmental Memo from City Clerk
04/13/01 Proof of Publication
NOTES:
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZO1 -3 .00 FOR A PARCEL
CONTAINING APPROXIMATELY .48 ACRES LOCATED
AT THE NORTHEAST CORNER OF JOYCE STREET AND PARK OAKS
DRIVE AS REQUESTED BY WES BURGESS OF CRAFTON, TULL &
ASSOCIATES ON BEHALF OF NOARK GIRL SCOUT COUNCIL.
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-2, Medium Density Residential to R-0, Residential Office described as
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 , 2001 .
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
RZ 01 -3 .00
A PART OF TRACT 5C2, VANTAGE SQUARE, UNIT 2, WASHINGTON COUNTY,
ARKANSAS, AS PER LOT SPLIT PLAT ON FILE IN DRAWER 3 AT PAGE 98 IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER AT WASHINGTON
COUNTY, ARKANSAS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SE CORNER OF SAID TRACT 5C2; THENCE NO°50'52"W 15.00
FEET ALONG THE EAST LINE THEREOF TO THE POINT OF BEGINNING; THENCE
S88057'05 "W 140.94 FEET TO THE WEST LINE THEREOF; THENCE N0056'27"W 150.00
FEET ALONG THE WEST LINE THEREOF; THENCE N88°57'05"E 141 . 19 FEET TO THE
EAST LINE THEREOF; THENCE SO°50'52"E 150.00 FEET ALONG SAID EAST LINE TO THE
POINT OF BEGINNING, CONTAINING 0.486 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS OF RECORD.
Planning Commission
PI
February 12, 2001 M
Page 8 (P
RZ 01-3.00: Rezoning (NOARK Girl Scout Council, pp 175) was submitted by Wes Burgess of
Crafton, Tull & Associates on behalf of NOARK Girl Scout Council for property located at Northeast
corner of Joyce Street and Park Oaks Drive. The property is zoned R-2, Medium Density Residential
and contains approximately 0.48 acres. The request is to rezone to R-O, Residential Office.
Odom: Item number three on tonight's agenda is another rezoning RZ 01 -3 .00, submitted by
Wes Burgess of Crafton, Tull & Associates on behalf of NOARK Girl Scout Council
for property located at Northeast corner of Joyce Street and Park Oaks Drive. The
property is zoned R-2, Medium Density Residential and contains approximately 0.48
acres. The request is to rezone to R-O, Residential Office. The staff' s
recommendation is approval of the requested rezoning based upon the findings included
as a part of this report. Anything else on this?
Conklin: Nothing further.
Odom: Is the applicant here tonight? Please come forward at this time.
Burgess: I 'm Wes Burgess with Crafton, Tull on behalf of the Girl Scout Council. As you know,
we are trying to rezone this property. The Lindsey family has been kind enough to offer
this to the Girl Scouts and the intent is to built a small office building for administrative
use which would be moving from Springdale. I ' ll take any questions that you might
have.
PUBLIC COMMENT:
Odom: Wes, what we will do before we have any questions is to see if there is any member of
the audience that would like to address us on this request. Any member of the
audience like to address us on this rezoning request?
COMMISSION DISCUSSION:
Odom: Seeing none, I ' ll close the floor to public discussion and bring it back to the Planning
Commissioners. I would like to point out that even though it is the Girl Scout Council
that they will be held to the same standard as any commercial development that we
have in there and I 'm sure that you are mindful of the Commercial Design Standards
and so forth that we have.
Burgess: I understand.
Planning Commission
February 12, 2001
Page 9
MOTION:
Bunch: I move that we approve RZ 01 -3 .00 for recommendation to the City Council.
Allen: I ' ll second.
Odom: Motion by Commissioner Bunch and second by Commissioner Allen to approve RZ
01 -3 .00, any further discussion? Will you call the roll?
ROLL CALL:
Upon roll call, RZ 01 -3 .00 is forwarded on a vote of 7-0-0.
a a
FAYETTEVILLE
THE CrIY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264 PI
PLANNING DIVISION CORRESPONDENCE C
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: February 12, 2001
RZ 01-3.00: Rezoning (NOARK Girl Scout Council, pp 175) was submitted by Wes Burgess
of Crafton, Tull & Associates on behalf of NOARK Girl Scout Council for property located at
Northeast comer of Joyce Street and Park Oaks Drive. The property is zoned R-2, Medium
Density Residential and contains approximately 0.48 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: February 12, 2001
CITY COUNCIL ACTION: Required YES
O Approved O Denied ,..,
Date: March 6, 2001 (if forwarded)
Comments:
H:I USF.RS1COMMONIDAWN7IREPOR7YPC12-12-011 noork wpd
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BACKGROUND:
The subject property is located at the northeast comer of Park Oaks Drive (a private street) and
Joyce Blvd. The property is currently being split from the tract to the north which is also zoned
R-2, Medium Density Residential and was originally planned to be developed as a part of the
Parks Apartment complex. The private street was built to serve the apartments to the north and
was a condition of approval of that large scale development.
The NOARK Girl Scout Council proposes to develop a council administrative office in this
location. Staff has advised that seeking a rezoning would be the best route to take in order to
proceed with this development. In the current zoning district (R-2) professional offices would
only be permitted as a conditional use. Since this location is designated as office on the General
Plan 2020, the rezoning could be recommended and then the use of the site for professional
office would be permitted by right. Due to the size of the tract, a large scale development plan
will not be reviewed by the Planning Commission, when a project is proposed, staff with review
the building permit application for compliance with current City ordinances.
SURROUNDING LAND USE AND ZONING
North: R-2, Vacant (further north - Park Apts.)
South: A- 1 , Church (also R-O, Vacant - planned office park and R-2, Butterfield Trail
Village)
East: A- 1 , Vacant
West: R-O, Professional Offices
INFRASTRUCTURE:
Streets : This property is located at the northeast comer of the intersection of Joyce Blvd.
and Park Oaks Drive (a private street). Joyce Blvd. is classified as a principal
arterial on the City's Master Street Plan.
Water: Available along Joyce Blvd.
Sewer: Available along Joyce Blvd. (Existing 8 " line)
LAND USE PLAN: General Plan 2020 designates this site Office. Rezoning this property to
R-O, Residential Office is consistent with the land use plan and compatible with surrounding
land uses in the area.
H:I USERSICOhA10MDAB7V71REPORTSIPCI1-11-01l noork wpd
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: The proposed zoning is consistent with land use planning objectives,
principles, and policies and with 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 proposed zoning is justified in that it is consistent with the City's
adopted General Plan. While there is some available R-O property in the
City, vacant parcels in the immediate area are developing quickly.
3 . A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger
and congestion. Joyce Blvd. has been improved recently and is designed to
carry a large volume of traffic (principal arterial). The size of this property
will not support a very large development. The proposed office building
— = -- - __=would require=approximately-20-parking-spaces. - --- --
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 will not alter the population density. If the property
.-were-to develop residentially, a duplex would be the maximum density
permitted by right, a higher density development would require a conditional
use permit and Planning Commission review and approval.
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 USERSICOALNOMDAWNTAFPORYS IPCI2-12.011 nark wpd
a •
§161 .12 DISTRICT R-O ( Per Dwelling Unit for Residential
RESIDENTIAL OFFICE. Structures)
Lot Mobile Home 100 ft.
A . Purpose. The Residential-Office Minimum Park
District is designed primarily to provide area Width:
for offices without limitation to the nature or
size of the office, together with community Lot Within a 50 ft.
facilities, restaurants and compatible Mobile Home
residential uses. Park
B. Uses. One Family 60 ft.
Two Family 60 ft.
1 . Uses Permitted.
Three or More 90 ft.
Unit I City-Wide Uses by Right
Lot Area Mobile Home 3 acres
Unit 5 Government Facilities Minimum : Park
Unit 8 Single-Family and Two- Lot Within' a 4200 sq.
Family Dwellings Mobile Home ft.
Unit 12 Offices, Studios and Related Park
Services Row Houses:
Unit 25 Professional Offices
Development 10,000
2. Uses Permissible on sq. ft.
Appeal to the Planning Commission. Individual Lot 2500
Unit 2 City-Wide Uses by sq. ft
Conditional Use Permit
Single Family 6000 sq.
Unit 3 Public Protection and Utility ft
Facilities
Two Family 6500 sq.
Unit 4 Cultural and Recreational ft
Facilities
Three or More 8000 sq.
Unit 9 Multi-Family Dwelling - ft
Medium Density
Fraternity or 1 acres
Unit 10 Multi-Family Dwelling - Sorority
High Density
Land Area Mobile Home 3000 sq.
Unit 13 Eating Places Per ft.
Dwelling
C. Bulk and Area Unit:
Regulations.
C
a
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 --
Lot Mobile Home 100 ft.
Minimum Park
Width:
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)
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
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.
RZ01�31MOARK CI&se U
p
R-2 S ____ PARiCSjEjog_ LI
R-2
_ ___
R-0
w R-0 A-1
w
R-0 R-2
a
R- R-0
• Subject Property
�� A-1
R-0 R-0
R-0 R-0 R-0
14
R-2 1
I
A-1
R-0 / A-1
0 Parcel Polygons N
/t\/ Streets
0 Zoning Districts
Structures (1998)
Master Street Classifications 80 0 80 160 Feet w E
COLLECTOR
FREEWAY/EXPRESSWAY
MINOR ARTERIAL
PRINCIPAL ARTERIAL S
HISTORIC COLLECTOR
•n►TiHNl
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
May 10, 2001
Wes Burgess
Crafton Tull and Associates
2345 Green Acres Road
Fayetteville, AR 72701
Dear Mr. Burgess:
Enclosed you will find the ordinance approving the rezoning request submitted by your firm on
behalf of Noark Girl Scout Council. I have also enclosed the minutes from the City Council
meeting.
If I can be of further assistance, please contact my office at 575-8323.
Sincerely,
ff
City Clerk
113 WEST MOUNTAIN 72701 501 521-7700
PAY AR7 r75 -A9 7
r
I
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of March 6, 2001.
FROM:
Tim Conklin
Name
Planning
Division
Public Works
Department
Ab.11V1Y 1 WWMp1LUl 1V dppiVVC all VLUSIZa 1lCC LVL RL V1-J.VU bUU1111LLCU Uy '/VC
Burgess of Crafton, Tull & Associates on behalf of NOARK Girl Scout Council for
property located at the northeast corner of Joyce Street and Park Oaks Drive.
The property is zoned R-2, Medium Density Residential and contains approximately
.48 acres. The request is to rezone to R-0, 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
Program Name
Fund
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
A ounting M n r Date ADA Coordinator Date
f I Via.
Cify At orney Date Internal Auditor Date
Purchasing Officer Date
J1MC LYaVVCL IL 1\LA11Vs.. JLCLL L OLV111111011VCV
dpp1VVd1
all" ridllllllly
1.U11W11J31UIl
unanimously voted 7-0-0 to recommend and
forward
the rezoning to
the City
Council.
2-/G ci Cross Reference
n ead Date
L
e rector 5fl New Item: Yes No
t ra t iv Services D to Prev Ord/Res#:
r
Wzithc
Date Orig Contract Date:
FAYETTEVI?LE �
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDE
To: Sherry Metheney, Planning
From: Heather Woodruff, City Clerk
Date: March 26, 2001
Attached is a copy of the ordinance approving rezoning request RZ 01-3.00. The original will be
microfilmed and filed with the City Clerk.
cc: Ed Connell, Engineering
Scott Caldwell, Info. Techn.
John Goddard, Info. Techn.
RECEIVED I
S
a
NORTHWEST'ARKANSAS`EDITION
AFFIDAVIT OF PUBLICATION
I, (`d l C ( l� l� , do solemnly
swear that [ am Legal Clerk of the Arkansas
Democrat -Gazette Newspaper, printed and published at Lowell,
Arkansas and that from my own personal knowledge and
reference to the files of said publication the advertisement of
Was nserted in the regular editions on
3 l
Publication Charge / 3 ; Q6
Purchase Order #
Subscribed and sworn to before me this
day of L/,O4jJ _ , 2001.
APR 17 2001
ORDINANCE NO. 4295
M Ortrance mzaJng that property
described in rezoning pemlon RZOt-
3.00 bra parcel contSng
matey .48 gees located at he North-
east comer of Joyce to
and Park
Oaks Drive as requested by Wes Bur-
gess of Crofton, lull 6 Associates on
befall of Noark Gtri Scout Council.
Be t Ordained by the City Council of the
City of Fayelleville, Aitansas:
Section 1. That the zone dessificatbn
of the fo'Jowing described properly is
hereby changed as follows:
From A-2, Medium Density Residential
to R-0, Residential Office described in
Exhibit'A' attxdad heretoand made a
pail A rt roof. Tract 5C2, Vantage Square,
IS 2, Washington County, Manses,
as per tot split plat on Ne in Drawer 3 et
Pe 9B b the Office of be Drool Clerk
and ExOffido Recorder at Washing•
ton County, Arkansas: being more par-
bartary described
as :
rSE co
Tma 5O2: these N 0 degrees 6d52' ,
W 15.00 feet along the East tires thereof
tothe Point of Bequvungthence S Be
degrees ST05' W 140.94 feet to the
West line thereof,, thence N 0 degrees
5nW 150.00 feel me Wen
linee thereof; manta N 6 degrees
5TD5' E 141.19 feet to the East e
thereof; thence SO degrees 50'.52' E
,50.00 feel along said East fine to the
pcint of begiivw,g,containing 0.486
age aces, more or less. Subject to a0 ease•
ments of record.
section 2. That the official zoning may
of the City of d to ville, Arkansas, a
hereby amended to reflect the zoning
change and provided in Section / above.
Passeddamr Approved this 20th day of
Y
, Notary Public
My commission expires //0 %Old j
OF7AL' CARONoyyttyapry� PBox 16)"7he, Fayetteville, Arkansas 72701, (501)571-6467
04-29-1,11.x;:14 RC.\'D