HomeMy WebLinkAboutOrdinance 4394 ORDINANCE NO, 4394
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 02- 10.00 FOR A PARCEL CONTAINING
APPROXIMATELY 0. 14 ACRES LOCATED IN THE 100 BLOCK OF
APPLEBY ROAD, WEST OF NORTHWEST NURSING CENTER,
FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY RICHARD GRUBBS
ON BEHALF OF MID-AMERICA MANAGEMENT COMPANY.
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 21 s` day of May, 2002.
APPROVED:
By: /
Yb�
AYET DAN COODY, May
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�r iet r II 'ff, City Clerk ' o 0
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. Ord . 4394
EXHIBIT "A"
Apart of the SI /2 of the NW 1/4 of the NW 1/4 of Section 35, Township 17 North, Range 30 Westin
Washington County, Arkansas, being more particularly described as follows: Commencing at the
Northwest corner of said S 1/2 of the NW 1 A of the NW 1/4; thence N 88°53 '22" E 731 .88 feet to the
Point of Beginning; thence N 88°53 '22" E 19.73 feet; thence S O1013100" E 309.68 feet; thence S
89013 '00" W 20.46 feet; thence N 01004'50" W 309.56 feet to the Point of Beginning, being apoint
in Appleby Road, containing 0. 14 Acres, more or less. Subject to the road right-of-way for
Appleby Road and all easements of record.
20 i ^ 171 375
I, Bette Stamps, Circuit Clerk and Ex-offido 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 duly recorded
with the acknowledgement and certificate thereon
in Record Book and Page as indicated thereon.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the seal of said Court on the date indi-
cated hereon.
Bette Stamps
Circuit Clerk and Ex-officiR der
by
NAME OF FILE: Ordinance No. 4394
CROSS REFERENCE:
05/21 /02 Ordinance No. 4394
Exhibit "A" (Legal Description)(RZN 02- 10.00)
05/03/02 Planning Division Correspondence
04/13/02 Planning Division Correspondence
04/22/02 Planning Commission Minutes
05/21/02 Staff Review Form
05/30/02 Memo to Tim Conklin, Planning Division, from Heather Woodruff, City
Clerk
NOTES :
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 02-10.00 FOR A PARCEL
CONTAINING APPROXIMATELY 0.14 ACRES LOCATED IN THE 100
BLOCK OF APPLEBY ROAD, WEST OF NORTHWEST NURSING
CENTER, FAYETTEVILLE, ARKANSAS, AS SUBMITTED BY RICHARD
GRUBBS ON BEHALF OF MID-AMERICA MANAGEMENT COMPANY.
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: DRAT T
DAN COODY, Mayor
ATTEST:
By:
DRAF
Heather Woodruff, City Clerk
r
EXHIBIT "A"
A part of the Sl /2 of the N W 1 /4 of the N W 1 /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 1 /2 of the N W 1 A of the NW 1 /4; thence N 88°53 '22" E 731 .88 feet to the
Point of Beginning; thence N 88°53 '22" E 19.73 feet; thence S 01013 '00" E 309.68 feet; thence S
89013 '007' W 20.46 feet; thence N 01 *04' 50" W 309.56 feet to the Point of Beginning, being a point
in Appleby Road, containing 0. 14 Acres, more or less. Subject to the road right-of-way for
Appleby Road and all easements of record.
•
FAYETTEVILLE
a
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM : Tim Conklin, City Planner
THRU: Hugh Earnest, Urban Development Director
DATE: May 3, 2002
BACKGROUND
RZN 02- 10.00 was submitted by Richard Grubbs on behalf of Mid-America Management
Company for property located in the 100 Block of Appleby Road, west of Northwest Nursing
Center. The property is zoned A- 1 , Agricultural and contains approximately 0. 14 acres. The
request is to rezone to R-O, Residential Office.
A property line adjustment and successful rezoning for the property adjoining this tract in June of
2000, resulted in the property to the west being zoned R-O, Residential Office. Recently, the
applicant has adjusted the property further in order to acquire approximately 20' of land from the
Northwest Nursing Center on the east. This request is for that 20' strip of property to also be
rezoned to R-O, Residential Office in order for the resulting tract to have uniform zoning.
CURRENTSTATUS
The Planning Commission voted 8-0-0 to recommend to the City Council approval of the
requested rezoning.
RECOMMENDATION
Staff and the Planning Commission recommend approval of the requested rezoning.
r
0 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: April 13 , 2002
RZN 02-10.00: Rezoning (Mid-America, pp 251) was submitted by Richard Grubbs on behalf
of Mid-America Management Company for property located in the 100 Block of Appleby Road,
west of Northwest Nursing Center. The property is zoned A- 1 , Agricultural and contains
approximately 0. 14 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: April 22, 2002
CITY COUNCIL ACTION: Required YES
O Approved '? O Denied
Date: May 21, 2002 (V reading)
Comments:
H.9USERSICOMMOMDAWN7IREPOR7SIPCI2002 REPORTSIMIDAMERICA RZN02-IO.DOC
BACKGROUND:
A property line adjustment and successful rezoning for the property adjoining this tract in
June of 2000, resulted in the property to the west being zoned R-O, Residential Office.
Recently, the applicant has adjusted the property further in order to acquire
approximately 20' of land from the Northwest Nursing Center on the east. This request is
for that 20' strip of property to also be rezoned to R-O, Residential Office in order for the
resulting tract to have uniform zoning.
SURROUNDING LAND USE AND ZONING
North: WRMC (under construction), R-O
South: North Heights (townhomes), R-2
East: Northwest Nursing Center, A- 1
West: Vacant, R-O
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 is also accessible from the rear of
the property through an easement secured by the applicant through lots 13B and
14A of the North Heights Addition.
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
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.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
H:IUSERSICOMMOMDA WNnREPOR7SIPC0002_REPOR7SIM7DAMER7CA RZN01-7mOC
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 appreciably 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:IUSERSICOMMOMDAWN7IREPOR7SIPCI2002 REPOR7SIMIDAMERICA RZN02.10OC
a •
§161 .12 DISTRICT R-O RESIDENTIAL
OFFICE. Lot Mobile Home Park 100 ft.
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
Unit 8 Single-Family and Two-Family Row Houses:
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 PlanningCommission. Two Family 6500 sq. ft
Unit 2 City-Wide Uses by Conditional Three or More 8000 sq. ft
Use Permit
Fraternity or I 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. sq. ft
Per Dwelling Unit for Residential Structures No Bedroom
Lot Mobile Home Park 100 ft.
Minimum Fraternity or 500 sq. ft.,
Width: Sorority per
resident
Lot Within a 50 ft.
Mobile Home Park
N:IUSERSICOMMONIDA IifWPORTSIPC11001 REPOR7SIMIDAMERICA RZN02-1a)OC
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. IUSERSICOMMOMDAWTIREPOR7SIPCI2001 REPORTS6MIDAMERICA RZN01-ImOC
•
APR t 62002
ARKANSAS COMMERCIAL PLAW4WGDIV.
REAL ESTATE
P.O. Box 328
Fayetteville, AR 72702
(501)790-1122
April 1, 2002
The City of Fayetteville, Arkansas
Office of City Planning
113 West Mountain
Fayetteville, AR 72701
Dear Friend:
The following information is for a request to rezone property owned by Mid -America
Management Associates, LLC.
The request is to rezone a strip of land approximately 20 feet by 310 feet (.14 acre) that has
been removed from parcel # 765-15950-001 (Northwest Nursing Center) and added to parcel
# 765-15950-003 in a recent lot line adjustment.
The
requested
zoning is a
R -O
zoning to match the zoning of the remaining parcel and allow
this
.14 -acre to
be utilized
at its
highest and best use.
Availability of water and sewer is shown on the enclosed map supplied by the engineering
department. The water line (8") on the north side of Appleby Road and the Sewer line (10")
located on Cydnee Street will serve this property. After consulting with Ron Petrie, a 20'
sewer easement located between Lot 13B and Lot 14A of the North Heights Addition was
obtained and filed for record on October 19, 2001. Please refer to the enclosed Easements.
Sincerel
Richard L. bbs
Owner
rich@arkansascommercial.com
a
RZN02-10A0
Future Landuse
MID -AMERICA MANAGEMENT COMPANY
-
Overview I Legend
Subject Property Streets
RZNo2-10.00 �. F�dsting
ti-i ^ ` Planned
................................
......................................
.
..................................
U'
y.
Boundary
"'. Planning Area
o 80a00. Overlay District
000000
L _ _I City Limits
0 80 160 320 480 640
Feet
use
Private Open Space
Residential
Mined Use
Office
Historic Commercial
Community Commensal
Neighborhood Commercial
z` Regional Commercial
Industrial
University
a
RZN02-10.00 MID -AMERICA MANAGEMENT COMPANY
Close Up View
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SUBJECT PROPERTY
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Overview 55 Legend
- Subject Property Boundary Master Street Plan
o I
�� < ® RZN02-70.00 '''_ Planning Area ^^i Frceway/Fxpreasway
oa000 o Overlay D'utrict Principal Arterial
-. U,.. Streets 00000
S -h City Limits f:✓ Minor Arterial
-fl--=�J �'�' _ Outside City %0 Collector
--- Planned
•• Historic collector
0 70 140 280 420 560
Feet
Planning Commission • •
April 22, 2002
Page 46
Hoffman: The next item on the agenda tonight is RZN 02-10.00 for Mid -America,
which was submitted by Richard Grubbs on behalf off Mid -America
Management Company for property located in the 100 block of Appleby
Road, west of Northwest Nursing Center. The property is zoned A-1,
Agricultural and contains approximately .14 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 this report
which we have. Would you please state your name and do you have a
presentation?
Grubbs: Rich Grubbs with Arkansas Commercial Real Estate and no, I am just here
to answer any questions.
Hoffman: Ok, thank you Mr. Grubbs. Is there any member of the audience that
wishes to address us on this rezoning? I will remind everybody that a
rezoning is a recommendation that would be forwarded to City Council,
either pro or con at their next regularly scheduled meeting. I will bring it
back to the Commission for motions or discussion.
Motion:
Estes: This request is to rezone a strip of land approximately 20' x 310' that was
removed from a parcel and added to an adjacent parcel in a recent lot line
adjustment. It is landlocked. I see it as an administrative matter almost
and would move for approval of RZN 02-10.00.
Hoffman: I have a motion to approve RZN 02-10.00 by Commissioner Estes.
Bunch: I will second.
Hoffman: I have a second by Commissioner Bunch. Renee, would you call the roll
please?
Roll Call: Upon the completion of roll call the motion to approve RZN 02-10.00 was
approved by a vote of 8-0-0.
Hoffman: The motion carries unanimously with a vote of eight to zero. Thank you
very much.
L
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of May 21, 2002.
FROM:
Tim Conklin
Name
Planning
Division
Urban Development
Department
ACTION REQUESTED: To approve an ordinance for RZN 02-10.00 as
submitted by Richard Grubbs on behalf of Mid -America Management
Company for property located in the 100 Block of Appleby Road, west
of Northwest Nursing Center. The property is zoned A-1,
Agricultural and contains approximately 0.14 acres. The request is
to rezone to R -O, Residential Office.
COST TO CITY:
$0
Cost of this request
Account Number
Project Number
Category/Project Budget
Funds used to date
Remaining balance
Category/Project Name
Program Name
BUDGET
REVIEW:
Budgeted Item
Budget Adjustment Attached
Administrative
Services Director
Budget
Coordinator
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager Date ADA Coordinator Date
City Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION: Staff recommended approval and on April 22, 2002
the Planning Commission voted 8-0-0 to recommend the rezoning be
approved by the City Council.
Department Director
Administrative Services
Director
__ 3 -_lam Cross Reference
Date
Date New Item: Yes No
Date Prev Ord/Res#:
Mayor Date Orig Contract Date:
010 03 City of Fayetteville
Update ndex Maintenance
Document iterir Action
Reference Date Ref. Taken Brief D
ORD 5212002 4394 _ RZN 02-
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Enter Keywords........: ORD. 4394
File Reference #.......
security Class.........
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
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5/28/2002
15:33:18
escription
10.00 / 100 BLK APPLEBY RD
- -- - - - - - - - - - -
REZONING
RZN 02-10.00
0.14 ACRES
APPLEBY ROAD
NORTHWEST NURSING CENTER
GRUBBS, RICHARD
MID -AMERICA MANAGEMENT COMPANY
MICROFILM
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Yes No
(c) 1986-1992
Munimetrix systems Corp.
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Jim & Betty Croxdale Charles & Rae Oxford j'
102 E. Cydnee St. 110 E. Cydnee St.
Fayetteville, AR 72703 1 Fayetteville, AR 72703
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