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: /
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AYET DAN COODY, May
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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