HomeMy WebLinkAboutOrdinance 4385 r
ORDINANCE NO, 4385
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 02-6.00 FOR A PARCEL CONTAINING APPROXIMATELY
38.6 ACRES AND LOCATED AT 415 LONGVIEW STREET, FAYETTEVILLE,
ARKANSAS, AS SUBMITTED BY TERRY CARPENTER OF US
INFRASTRUCTURE, INC. ON BEHALF OF WASHINGTON REGIONAL
MEDICAL SERVICES.
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 A- 1 , Agricultural to R-O, Residential Office as shown 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 16`" day of April, 2002.
APPROVED:
By. / I A &V
P,i Err rt DA COODY, Mayor
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`✓-i ��� r Woodruff, City Cl D o CO
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• • Ord , 4385
EXHIBT "A"
A PART OF THE SE '/a OF THE SW '/a OF SECTION 26, TOWNSHIP 17 NORTH, RANGE
30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT AN ALUMINUM
MONUMENT AT THE SE CORNER OF SAID SE /40F THE SW '/< AND RUNNING
THENCE S 89006' 3699W 1315 .46 FEET TO A STONE MONUMENT AT THE SW CORNER
OF SAID 40 ACRE TRACT; THENCE N 0°31 '44"W 913 .46 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY FOR LONGVIEW STREET; THENCE ALONG SAID RIGHT-OF-
WAY N89028 '06" E 53 .33 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 235.00 FEET, A DELTA ANGLE OF 1044'59" AND A CURVE LENGTH
DISTANCE OF 7. 18 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE AND
RUNNING N0031 '44" W 405 .03 FEET TO A POINT ON THE NORTH LINE OF SAID 40
ACRE TRACT, SAID POINT BEING N89012 '4611W 60.51 FEET FROM A IRON PIN AT THE
NW CORNER OF SAID 40 ACRE TRACT; THENCE ALONG THE NORTH LINE OF SAID
40 ACRE TRACT, N 89012146" E 1233 . 16 FEET TO A FLAT METAL BAR AT THE NE
CORNER OF SAID 40 ACRE TRACT; THENCE S1 °08' 11 "E ALONG AN EXISTING
FENCE 628.93 FEET; THENCE S 1 ° 10'01 "E 146.92 FEET ALONG AN EXISTING FENCE
TO THE NORTH RIGHT-OF-WAY OF A STREET; THENCE S 88°31 ' 22" W WITH SAID
RIGHT-OF-WAY 2. 17 FEET; THENCE ALONG THE CURVE OF SAID RIGHT-OF-WAY
THE CURVE BEING WITH 50 FEET RADIUS, CONCAVE WEST, AND THE CENTER OF
SAID CURVE LOCATED S 58031725" W 50.0 FEET, A DISTANCE OF 261 .80 FEET;
THENCE N88031122" E 1 .90 FEET TO AN EXISTING FENCE; THENCE S1031 '43" E WITH
SAID FENCE 200. 19 FEET; THENCE S2°23 '26"E WITH SAID FENCE 289. 84 FEET TO
THE POINT OF BEGINNING, CONTAINING 38.617 ACRES, MORE OR LESS.
20f.12171360
i
I, We Stamps, circuit Clerk and Ex-officio Recorder
for WashInon CWnty, Arkanaae, do hereby certify
that thin Inatumont was lied for raccrd In my offioa as
Indicated heraon end the aama la now duly recorded
thereon
In�Reccard acBookM and mP go a inord end dicated thereon.
IN WITNESS WMEREOP, I ha+e hereunto set my
hand and affixed the Beal of said Court on the date indl-
=ad hereon.
Bette Stamps
Circuit Clerk and -o do R der
by
0 0
NAME OF FILE: Ordinance No. 4385
CROSS REFERENCE:
04/16/02 Ordinance No. 4385
Exhibit A (Legal Description) (RZN 02-6.00)
03/11 /02 Planning Division Correspondence
02/17/02 Letter to Planning Division from Terry W. Carpenter, P. E. Vice
President, US Infrastructure, Inc.
03/11/02 Planning Commission Minutes (Pages 6- 11 )
04/02/02 Staff Review Form
04/19/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
05/01/02 Statement of Legal Advertising from Arkansas Democrat Gazette
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-6.00 FOR A PARCEL
CONTAINING APPROXIMATELY 38.6 ACRES AND LOCATED AT 415
LONGVIEW STREET, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY
TERRY CARPENTER OF US INFRASTRUCTURE, INC. ON BEHALF OF
WASHINGTON REGIONAL MEDICAL SERVICES.
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 A-1, Agricultural to R-O, Residential Office as shown 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 , 2002.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
EXHIBT "A"
A PART OF THE SE '/< OF THE SW '/< OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30
WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT AN ALUMINUM
MONUMENT AT THE SE CORNER OF SAID SE /40F THE S W '/< AND RUNNING THENCE
S 89006136"W 1315 .46 FEET TO A STONE MONUMENT AT THE SW CORNER OF SAID 40
ACRE TRACT; THENCE N 0°31 '44"W 913 .46 FEET TO A POINT ON THE NORTH RIGHT-
OF-WAY FOR LONGVIEW STREET; THENCE ALONG SAID RIGHT-OF-WAY N89°28'06" E
53 .33 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 235.00
FEET, A DELTA ANGLE OF 1044'59" AND A CURVE LENGTH DISTANCE OF 7. 18 FEET;
THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE AND RUNNING N0°31 '44" W
405 .03 FEET TO A POINT ON THE NORTH LINE OF SAID 40 ACRE TRACT, SAID POINT
BEING N89012'46"W 60.51 FEET FROM A IRON PIN AT THE NW CORNER OF SAID 40
ACRE TRACT; THENCE ALONG THE NORTH LINE OF SAID 40 ACRE TRACT, N 89° 12'46"
E 1233 . 16 FEET TO A FLAT METAL BAR AT THE NE CORNER OF SAID 40 ACRE TRACT;
THENCE S1 °08' 11 "E ALONG AN EXISTING FENCE 628.93 FEET; THENCE S 1 ° 10'01 "E
146.92 FEET ALONG AN EXISTING FENCE TO THE NORTH RIGHT-OF-WAY OF A
STREET; THENCE S 88°31 '22" W WITH SAID RIGHT-OF-WAY 2. 17 FEET; THENCE
ALONG THE CURVE OF SAID RIGHT-OF-WAY THE CURVE BEING WITH 50 FEET
RADIUS, CONCAVE WEST, AND THE CENTER OF SAID CURVE LOCATED S 58°31 '25" W
50.0 FEET, A DISTANCE OF 261 .80 FEET; THENCE N88031 '22" E 1 .90 FEET TO AN
EXISTING FENCE; THENCE S1031 '43" E WITH SAID FENCE 200. 19 FEET; THENCE
S2023126"E WITH SAID FENCE 289.84 FEET TO THE POINT OF BEGINNING, CONTAINING
38.617 ACRES, MORE OR LESS.
0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: March 11 , 2002
RZN 02-6.00: Rezoning (Washington Regional Medical Service, pp 212) was submitted by
Terry Carpenter of US Infrastructure, Inc. on behalf of Washington Regional Medical Service for
property located at 415 Longview Street. The property is zoned A- 1 , Agricultural and contains
approximately 38.6 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: March 11, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: April 2, 2002
H:IUSERSICOMMOMDANN7IREPOR7SIPC11001 REPOR73IMMS RZN01-6DOC
Comments:
BACKGROUND:
The subject property is a large tract containing approximately 38.62 acres. There are two
existing developments on this property, the Washington County Health Dept. and the Brookstone
assisted living facility. Access to the tract is primarily from Wimberly Drive which runs along
the western property line and connects Millsap Road and Monte Painter Drive. Utilities are
available for extension to serve the entire tract at the time of development. A preliminary plat is
in the development review cycle for consideration with a proposal to divide this overall tract into
8 lots.
This area is designated for Office uses on the City's adopted General Plan 2020. The applicant's
request is to change this zoning of this property from A-1 , Agricultural to R-O, Residential-
Office. This request is consistent with the City's adopted future land use plan and with the
guiding policies of the General Plan.
SURROUNDING LAND USE AND ZONING
North: Professional offices / Commercial, C-2
South: Single family residential, R-2
East: Mixed uses and Vacant, R- 1 / Fire Station, C-2
West: Professional (Medical) Offices, R-O & C-2
INFRASTRUCTURE:
Streets: Access to this site is provided via Wimberly Drive, which runs along the western
boundary of the North Hills Medical Park. Additionally, Millsap Drive (becomes
Futrall) which is classified as a collector street on the Master Street Plan, connects
this area of development with both College Ave. and Gregg Ave.
Water & Sewer: An existing 8" water line runs along the south side of Longview St.
serving the existing Brookstone assisted living facility. A 12" sewer line runs
along the southern end of the property and an 8" line extends to the north property
line. Extension of facilities adequate to serve future development of this property
will be a condition of preliminary plat approval for the subdivision that is
currently being proposed.
H:IUSERSICOMMOMDAWTIREPOR7SIPC11001 REPORTSIHWS RZN01-6DOC
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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.
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. The subject
property will serve as a transition between residential zoning and uses to the
south and commercial (primarily professional office) uses to the north and
west. This area is developing as a center for medical offices with the new
Washington Regional Medical Center under construction just west of North
Hills Medical park which is immediately west of this property. Additional
office space will allow for the expansion of these uses and will allow uses
which serve the neighboring residential and commercial developments.
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 and needed at this time.
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. Streets in this area provide connectivity between College
Ave. and Gregg Street. North Hills Blvd., Monte Painter Dr., Wimberly Dr.,
and Plainview Ave. are all collector streets which serve the area and will be
main access drives for the subject property.
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 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
H:IUSERSICOMMOMDA W7IREPOR7SIPC11001 REPOR7SII9tMS RZN01-6DOC
• 0
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.IUSERSICOMMOMDA RNnREPOR7SIPC12002 REPOR7SIWU S RZN02-6DOC
•
§161 .12 DISTRICT R-O RESIDENTIAL Lot Mobile Home Park 10011.
OFFICE.
Minimum
A . Purpose. The Residential-Office District Width:
is designed primarily to provide area for offices One Family 60 ft.
without limitation to the nature or size of the office,
together with community facilities, restaurants and Two Family 60 ft.
compatible residential uses.
Three or More 90 ft.
B. Uses.
Lot Area Mobile Home Park 3 acres
1. Uses Permitted. Minimum:
Unit 1 City-Wide Uses by Right Lot Within a 4200 sq. ft.
Mobile Home Park
Unit 5 Government Facilities
Row Houses:
Unit 8 Single-Family and Two-Family
Dwellings Development 10,000 sq.
Unit 12 Offices, Studios and Related ft.
Services Individual Lot 2500
Unit 25 Professional Offices sq. ft
Single Family 6000 sq. ft
2. Uses Permissible on Appeal to
the Planning Commission. Two Family 6500 sq. ft
Unit 2 City-Wide Uses by Conditional Three or More 8000 sq. ft
Use Permit
Fraternity or 1 acres
Unit 3 Public Protection and Utility Sorority
Facilities
Land Area Mobile Home 3000 sq. ft.
Unit 4 Cultural and Recreational Per Dwelling
Facilities Unit:
Unit 9 Multi-Family Dwelling - Medium Row Houses
Density &Apartments:
Unit 10 Multi-Family Dwelling - High Two or More 1200 sq. ft.
Density Bedrooms
Unit 13 Eating Places 1000 sq. ft.
One Bedroom
1000
C. Bulk and Area Regulations. s ft
Per DwellingUnit for Residential Structures q
No Bedroom
Lat Mobile Home Park 100 ft.
Minimum Fraternity or 500 sq. ft.,
Width: Sorority per
resident
Lot Within a 50 ft.
Mobile Home Park
H.'WERSCOMMONIDA WMPEPORMV02002 REPORTS WMS RZN01-6DOC
D. Bulk and Area Regulations/ Setbacks.
Setback lines shall meet the following minimum
re uirements.
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:IUSERSICOMMOMDAWOIREPOR7SIPC11001 REPORTSIWMS RZN01-6DOC