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
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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
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wit USINFRASTRUCTURE, INC.
CONSULTING ENGINEERS
February 17, 2002
City of Fayetteville, Planning Division
113 West Mountain
Fayetteville, AR 72701
RE: Washington Regional Medical System
Preliminary Plat for Brookstone Subdivision
Fayetteville, Arkansas
USI Job No. 020901
To Whom It May Concern:
USlnfrastructure, Inc. is representing Washington Regional Medical System in an effort
to rezone a 38.6 -acre tract split by Longview St. and East of the North Hills Medical Park
in Fayetteville. Our rezoning application seeks to change the zoning for this property
from A-1 (agricultural) to R-0 (residential/office). Presently, Brookstone Assisted Care
Facility and the Washington County Health Department are located on this property. A
preliminary plat that is currently under review by the city, proposes to subdivide this
38.6 -acre tract into eight lots, all between 2.76 and 6.07 acres. Two of these lots will be
dedicated to the previously mentioned existing developments. Another lot is currently
under development, and the remaining five lots will be available for future development.
Rezoning is being requested for this tract so that it's zoning and future development will
more closely match the zoning and development of property to the North and West. It is
anticipated that this property will develop as professional office space, or some type of
health care facilities. Adjoining properties have the following zoning classifications:
R-0, R-2, R-1, and C-2.
Changes in the volume of traffic on Longview St. will occur as this property develops.
When this property is fully developed and Longview St. is connected to Plainview Dr.,
the increase in traffic along Longview St. could possibly be significant, but at this time it
is impossible to predict accurate numbers. Currently, no subdivision signs are proposed
for this tract.
In order to serve all eight proposed lots, service extensions are planned from the existing
utilities. Existing water and sewer service to the property appear to be sufficiently sized
to handle any future development. An 8 -inch water line runs along the South side of
Longview St., near the middle of the property. A 12 -inch sanitary sewer line traverses
the Southern end of the property, and an 8 -inch sanitary sewer line extends to the North
property line.
Research • Planning • Engineering • Management
4710 South Thompson • Suite 102 • Springdale, Arkansas 72764
Telephone: (501) 872-7115 • Fax (501) 872-7118
E-mail: springdale@usinfrastructure.com
Li
If you have any questions or concerns about this proposed rezoning, please do not
hesitate to contact us.
Sincerely
Cc: Jack Morris, Project Manager
Mike McLean, Vice -President Clinical Services WRMC
Planning Commissit
March 11, 2002
Page 6
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.
Estes: The next item on the agenda is RZN 02-6.00 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. Staff recommends
approval of the requested rezoning based on the findings included as a part
of your packet. Is the applicant present or is the applicant's representative
present? If so, if you have a presentation to make would you please come
forward and state your name and your address and your capacity please?
Nierengarten: My name is Peter Nierengarten, I am an Engineer with U.S. Infrastructure,
4710 S. Thompson, Springdale, AR Suite 102. We have no formal
presentation to make. Based on the report that Dawn Warrick gave me I
was under the impression that the Planning Commission would be in favor
of our proposal and leave it up to the Commission to decide.
Public Comment:
Estes: Thank you. Is there any member of the audience who would like to
provide public comment on this requested rezoning proposal? If so would
you please come forward and state your name and your address and
provide us with the benefit of your comments?
Gill: I am Thomas Gill. I currently reside at 3195 Butternut Drive, which is a
residential district adjacent to this property. My concern is what roads
will feed this.
Estes: Tim, do you have a response to Tom's question?
Conklin: Yes, if you refer to page 3.10 in your agenda, Washington Regional
Medical Center, along with the City of Fayetteville cost shared in
extending Longview Street, which is out there already and that is the street
that extends from Wimberley Road back to the east, that is the street that
serves this development.
Gill: That is all?
Conklin: That is the street. We are working with property owners to the east to look
at acquisition of right-of-way and extension of Longview Street to
Plainview Ave.
Planning Commissi'
March 11, 2002
Page 7
Gill: That's it?
Conklin: That would be it at this time.
Gill: I have no further questions.
Conklin: I am not sure if you are asking the question due to the fact that there is a
street stub out that was planned as a part of that subdivision off of Village
Drive and Washington County Health Department did build a building and
parking lot in that location which kind of precludes that street from going
north unless the parking lot was redesigned. At this point it is Longview
Street that they have built along with the city.
Allen: Mr. Gill, I
am
not
finding
your street on our map, I wondered if you could
point it out
to
us.
Estes: I will show you.
Gill: Bob can tell you, he knows where I live.
Allen: Ok.
Gill: Correct me Ma'am, it is at the corner of Butternut and Village.
Estes: Tom's house is right there. Tim, Village, as it ends to the south of the
applicant's property was stubbed out when this subdivision was originally
approved as a LSD, is that correct?
Conklin: It was stubbed out, that is correct.
Estes: If my memory is correct on perhaps some of the old Master Street Plans,
Village was extended north but that is no longer possible because of the
County Health Department, is that correct?
Conklin: There was a Master Street Plan street, I am not sure if it was going north, I
thought it was east and west and it was back off of Monte Painter Road,
that went through where the County Health Department built their
building. That Master Street Plan was amended and Longview was added
to the Master Street Plan.
Estes: Thanks. Does that answer your question Tom?
Gill: Yes Sir.
Estes: Tim, Monte Painter extended east and then the stub out there at Village
Planning Commissio4
March 11, 2002
Page 8
turned more to the northeast, is my memory correct?
Conklin: I am sorry.
Estes: Monte Painter extended east and at the intersection with Village Monte
Painter took a turn to the northeast?
Conklin: That is correct.
Estes: That is no longer on the Master Street Plan?
Conklin: That is no longer on the Master Street Plan.
Estes: It is in fact no longer possible because of the county health building?
Conklin: That is correct.
Estes: Does any other member of the audience wish to provide public comment?
Yes Sir, if you would please come forward and state your name and your
address and provide us with the benefit of your comments.
Caviness: I am Charles Caviness at 2136 Austin Drive. I would like to just ask one
question concerning how large of an easement would there be between the
residential property, say Melinda, and this new project and would there be
an easement and if so, how wide.
Estes: Tim, do you have a response to that question?
Conklin: Let me check the R -O zoning.
Estes: The applicant's representative indicates he can answer that. Yes, come
forward please.
Nierengarten: There is no formal easement for that area that he is talking about right
now. The back of their houses is a real wooded area and it drops off
steeply into a ravine and there is a creek down there and up the other side
is where the Brookstone Development currently resides.
Conklin: With regard to setbacks, it is a 25' setback from the rear property line.
Nierengarten: Beyond that, there is nothing else planned but there is every indication that
we've got from Washington Regional Medical Systems is that they don't
plan on building anywhere on the other side of that creek. They plan to
keep their development to the north of the creek between the creek and
Longview Drive and leave that wooded area sort of a buffer between that
neighborhood and the commercial development that would occur along
Planning Conunissio—
March 11, 2002
Page 9
Longview.
Estes: Charles, does that answer your question?
Caviness: How wide is that creek?
Nierengarten: The distance from your fence line to the creek is probably I would guess at
least 80 to 120 feet. It is a pretty good distance.
Caviness: So it will be that.
Nierengarten: Yes, and the creek is maybe 8' wide or so.
Estes: Does that answer your question? Is there any other member of the
audience who would like to provide public comment on this rezoning
request, 02-6.00? Seeing none, I will bring it back to the full Commission
for discussions, motions or comments. Commissioners?
Ward: I think that the R -O zoning, especially against R-1 is very appropriate.
This is where all of our medical facilities are going. I can't think of any
reason why it shouldn't be R -O and I will go ahead and make a
recommendation that we approve RZN 02-6 for Washington Regional
Medical Service.
Estes: We have a motion by Commissioner Ward to recommend to the City
Council approval of RZN 02-6, is there a second?
Shackelford: I will second.
Estes: We have a second by Commissioner Shackelford, is there any discussion?
Man: Mr. Chair, I guess it is more of a comment than a question. That is, one of
the findings that we have in our bylaws, if I understand this correctly from
agenda session, is the finding or determination whether the proposed
zoning is justified or needed at this time and how we use that in terms of
economic regulation of zoning. It appears to me that we don't really look
at it that way because I can't remember a zoning that has ever not been
justified or needed from an applicant's perspective. It certainly would be
mine if I wanted to develop that land but when I think about this area of
Milsap and Futrall, the space of R -O available in this area seems to be
pretty significant to me. There are two large rental commercial office
space with I think Lindsey. There is the Stevens Building that went in
next to the pharmacy there that has available space. The question I would
ask is whether we really look at this as an actual finding item and if not, I
think we need to evaluate whether it stays as something that we use and if
we do use it, how we explain that it is justified and needed because I
Planning Commissid•
March 11, 2002
Page 10
would have some concern over this particular rezoning based on the
availability in that area.
Estes: Thank you Commissioner Man. Is there any other discussion?
Ward: In response to Don's questions, it has always been my take on something
like this that the market itself kind of dictates what happens. I think this
particular piece of property is very appropriate to be rezoned from A-1,
which is for cows and hog houses, to R -O. I don't feel like if there was a
tremendous supply of lets say office buildings vacant right now, then you
would probably not see much more happen out there in that area as far as a
bunch of office complexes built until those fill up. As far as medical, you
might see some specific needed type of medical buildings built because
those other office buildings don't really fulfill the needs. They are not
sitting next to the hospital, they don't meet certain surgeons requirements,
those types of things that those vacant office buildings that we have out
there right now, we would all like to see them full, and we don't need
more office buildings built right now in that area out there. Specific needs
could come along that there would be a use for that space out there. I
think people have the right to rezone their property from Agricultural in
the city to some kind of use.
Marr: I want to make sure that my comments are clear, I agree with you Lee. I
am not opposed to the rezoning for what we are looking at. My question
is more to the findings of staff facts and how we use that finding. Do we
just pull it out when we don't want something to be done, do we look at it
when economically we have too much zoning? I think it warrants some
discussion at our planning retreats on whether to bylaw that item. It
certainly makes sense in a lot of cases but if somebody asked me today
"Why did you vote for a Residential Office rezoning?" I would have to
say very similar things to what Commissioner Ward just said about
economics tend to take care of it. I do think there is a lot of R -O zoning in
this area that is currently unoccupied. I think we need to ask ourselves
about the number two finding that we look at every time we have a
rezoning.
Estes: Thank you Commissioner Man. Is there any other discussion? We have a
motion by Commissioner Ward and a second by Commissioner
Shackelford to approve RZN 02-6 and to recommend the rezoning to the
Fayetteville City Council, is there any other discussion? Renee, would
you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward RZN 02-6.00 to the
Fayetteville City Council was approved by a vote of 8-0-0.
Estes: The motion passes by a vote of eight to zero. RZN 02-6.00 will be
Planning Commissic
March 11, 2002
Page 11
forwarded to the full Fayetteville City Council with a recommendation to
approve.
SSTAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of April 2, 2002.
FROM:
Tim Conklin Planning Urban Development
flame Divipipn Department
ACTION REQUIRED: To approve an ordinance for RZN 02-6.00 as submitted by Terry
Carpenter of US Infrastructure, Inc. 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.
COST TO CITY:
Cost of this Request
Account Number
Category/Project Budget
Funds Used To Date
Category/Project Name
Program Name
Project Number Remaining Balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Ac yea
t g
Mana er
Date Internal
Auditor
Date
l/Ct _
to
Date ADA
Coordinator
Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and on March 11, 2002 the
Planning Commission voted 8-0-0 to recommend approval and to forward the
rezoning to the City Council.
)ate Cross Reference
'Q l- New Item: Yes
Date
__ Prev Ord/Res #:
Y� ate
Orig Contract Date:
Date
Orig Contract Number:
FAYETTEVItLE
THE CITY OF FAYETTEVIIEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, Planning Division
From: Heather Woodruff, City Clerk
Date: April 19, 2002
Please find attached a copy of Ordinance No. 4385 rezoning 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. The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
010 03 City of Fayetteville
Update OFndex Maintenance
Document Ite Action
Reference Date Ref. Taken Brief D
ORD 4162002 4385 RZN 02 -
Enter Keywords........: ORD. 4385
RZN 02-6.00
415 LONGVIEW STREET
38.6 ACRES
CARPENTER, TERRY
US INFRASTRUCTURE, INC.
File Reference #......:
Security Class........:
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
WASHINGTON REGIONAL MEDICAL
SERVICES
MICROFILM
5/01/2002
16:46:03
escription
6.00/415 LONGVIEW STREET
Retention Type:
**** Active ****
cmdl-Return
Cmd8-Retention
Cmd4-Delete Cmd3-End
Press
'ENTER' to continue
Cmd5-Abstract
Yes No
(c) 1986-1992
Munimetrix
Systems Corp.
tit\
Justin Milts Helen Boen John Holmes
P.O. Box 799 464 E. Malinda Dr. 544 Malinda
Lowell, AR 72745 Fayetteville, AR 72703 Fayetteville, AR 72703
Elmer Hemme William & Marylyn Stephen Griffin
3179 Butternut Dr. 1604 West Dogwood St. P.O. Box 11546
Fayetteville, AR 72703 Rogers, AR 72758 Ft. Smith, AR 72917
Gary Watts Charles & Maxine Caviness 435 Milsap Rd., LLC
3187 Butternut Dr. 2136 Austin Dr. 350 N. Clark St. Ste 300
Fayetteville, AR 72703 Fayetteville, AR 72703 Chicago, IL 60610
Northwest Arkansas Medical
Thomas and Elina Gill Kathryn Regal
3195 Butternut Dr. 504 Malinda Dr. 3Imaging, Inc.
Fayetteville, AR 72703 Fayetteville, AR 72703 Fayetteville, at EvillRd.
AR AR 72703
Morriss M. Ttee Morriss M. Henry &
House Family LLC John & Donna Zemina
72 Oklahoma Way 3200 Malinda Dr. Ann Rainwater Henry Trust
Faye Common Dr.
Fayetteville, AR 72701 Fayetteville, AR 72703
Fayetteville, AR 72703
Anthony Thornberry G.S.C. Co. Smith Brooks Investments, Inc.
334 Malinda 11 Halstead Circle c/o Dale Brown
72756 1875 Main Dr.
Fayetteville, AR 72703 Rogers, AR
Fayetteville, AR 72704
Northwest Arkansas Rehab
G.A. Revocable Trust, G Sexton Roy Armstrong Hospital, LTD.
P.O. Box 8007 2605 Osage Dr. Health Care Prop. AR 15100401
Fayetteville, AR 72703 Springdale, AR 72764 100 Second Ave., Suite 3950
Seatle, WA 98104-1046
Carolyn Willcoxon Lewis Brothers Washington Regional Medical Services
404 E. Malinda P.O. Box 8430 1125 N. College Ave.
Fayetteville, AR 72703 Fayetteville, AR 72703 Fayetteville, AR 72703
Vahid Amiromoez City of Fayetteville, Arkansas Covan, LC
113 W. Mountain
424 Malinda Fayetteville, AR 72701 4401 Bogey Dr.
Fayetteville, AR 72703 Springdale, AR 72764
Scott & Sherry Stidman Marjorie Brooks Orthopaedic Clinic, Ltd.
444 E. Malinda Dr. Nanchar, Inc. P.O. Box 1608
Fayetteville, AR 72703 P.O. Box 32 Fayetteville, AR 72702
Springdale, AR 72765
Imaging Partners, LCC
3352 N. Futrall Dr.
Fayetteville, AR 72703
I
LPevws
LNoe�s
I \P'
vows
LPg�vs
1'•
ansS Democrat i fiazette RECEIVED
STATEMENT OF LEGAL ADVERTISING MAY 062002
ACCTG. DEPT
REMIT TO:
CITY OF FAYETTEVILLE ARKANSAS DEMOCRAT -GAZETTE, INC.
113 W MOUNTAIN/PERSONNEL P.O.BOX2221
FAYETTEVILLE AR 72701 LITTLE ROCK, AR 72203
ATTN: HEATHER
DATE : 05/01/02 INVOICE #: 2615
ACCT #: L5004205 P.O. #:
COUNTY OF PULASKI, } ss.
I, Elizabeth Myers do solemnly swear that I am the
Legal Billing Clerk of the Arkansas Democrat -
Gazette, a daily newspaper printed and published
in said County, State of Arkansas; that I was so
related to this publication at and during the
publication of the annexed legal advertisement in
the matter of:
4385
pending in the Court, in said County, and
at the dates of the several publications of said
advertisement stated below, and that during said
periods and at said dates, said newspaper was
printed and had a bona fide circulation in said
County; that said newspaper had been regularly
printed and published in said County, and had a
bona fide circulation therein for the period of
one month before the date of the first publication
of said advertisement; and that said advertisement
was published in the regular daily issues of said
newspaper as stated below.
DATE DAY LINAGE RATE DATE DAY LINAGE RATE
O5/O1 Wed 130 1.00
TOTAL COST ----------------------- 130.00
Billing Ad #: 7034123
r.
•�ARY
•
• PUBLIC
9 •. O3 Z1% tz
BILLING QUESTIONS CALL 378-3812
AD COPY
RECEIVED
MAY 0 9 2002
CITY OF FAYETTEVILLE
^.'TY CLERK'S OFFICE
From A-1, Agricultural to R -O,
Residential Office a4 storm in Exhb4
MO attached hereto and made a pert
fweot.
Section 2: That the official zoo -
jog map of the Day of Fayetteville, Ar-
kansas,is hereby amended to reflect
the zonWnhe prmlded b
ORDNANCE fT0.4385 PASSED and APPROVED this
AN ORDINANCE REZONING 16b davMApi1, 2002.
THAT PROPERTY DESCRIBED IN APR D:
REZONING PETITION RZN 02-6.00 By DAN COOOY,
FOR A PARCEL CONTAINING AP- Maayyoor
PROXIMATELY 38.6 ACRES AND ATTEST:
LOCATED AT 415 LONGVIEW BY Heather WoodmB,
STREET, FAYETTEVILLE, ARKAN- �Y EXHIBIT A'
SAS, AS SUBMITTED BY TERRY A PART OF THE SE _ OF THE SW
CARPENTER OF US INFRASTRUC- OF SECTION 26, TOWNSHIP Il
'lURE, INC. ON BEHALF OF NGTON REGIONAL MEDICAL2ASH- SER. NORTH, RANGE 30 WEST, CITY OF
VICES. FAYETTEVILLE, WASHINGTON
BE IT ORDAINED BY THE CITY COUNTY, ARKANSAS; BEING MORE
COUNCIL OF THE CITY OF FAY- PARTICULARLY DESCRIBED AS
ETTEVIIARKANSASMINUM MONUMENT AT THE SE
; FOLLOWS: BEGINNING ATANALU-
Sect on l• Ttul the zrnw classlfF
cation of the owingdescribed - CORNER OF SAID BE_ OF THE SW
prop�yis chw asfabws; '06RUNNING THENCE A
ST AND 1315.46 FEET TO A
STONE OF SAID
ENT AT THE SW
CORNER OF SAI40 ACRE TRACT;
THENCE N 0N31'444W 913.46 FEET
TO A POINT ON THE NORTH
RIGHT-OF-WAY FOR LONGVIEW
STREET; THENCE ALONG SAID
RIGHT-OF-WAY N89°28'D6E 53.33
FEET; THENCE ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF
235.00 FEET, A DELTA ANGLE OF
1°44'59' AND A CURVE LENGTH
DISTANCE OF 7.18 FEET; THENCE
LEAVING SAID NORTH RIGHT -0F -
WAY LINE AND RUNNING N0O31'44'
W 405.03 FEET TO A POINT ON THE
NORTH LINE OF SAID 40 ACRE
TRACT, SAID POINT BEING
N9912'46W 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 123316
FEET TO A FLAT METAL BAR AT THE
NE CORNER OF SAID 40 ACRE
TRACT; THENCE SCC0B'l l'E ALONG
AN EXISTING FENCE 628.93 FEET;
THENCE S 1°10'014E 146.92 FEET
ALONG AN EXISTING FENCE TO THE
NORTH RIGHT-OF-WAY OF A
STREET, THENCE S 8-31'224 W
WITH SAID RIGHT-OF-WAY 2.17
FEET; THENCE ALONG THE CURVE
OF SAID RIGHT-OF-WAY THE
CURVEMEING WITH 50 FEET RA-
DIUS, CO
NCAVE CONCAVE WEST, AND THE
CENTER OF SAID CURVE LOCATED
S 58C31'25 W 50.0 FEET, A DIS-
TANCE OF 261.80 FEET; THENCE
NiE 1.90 FEET TO AN LX -
STING FEN FENCE; THENCE 0.1431'43' E
WITH SAID FENCE 200.19 FEET;
THENCE 9.B4FE26'E WITH SAID
FENCE 289.84 FEET TO THE POINT
OF BEGINNNG, CONTAINING 38.617
ACRES, MORE OR LESS.
Mry 1, 22
031123