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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. m x 00 2001051529 "� t, Bette ShdR1dA, t? tf ?:?;�{ a-.�, E: that this Ina ppm4,g for Weshln hln �t:+e; g, at bA?v f;'.;� -•a .n ; .: Indicated hcgtin vhA ii, - G„rl! 'i +i: With the l r:. ; c. In Roeord tram er.J C. ,a .z me a,. M k~'CN �S Prt,p x .,.. ., I hen., : n �. , T Si hand nod ratltit6d Cnd Sk�J 0t aw�� Ccu�t c„ a.F cared herorjn, t% Betty 8tam�A Circuli 'a•� z td � e"cic r ox,d=r by • 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 M 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.