HomeMy WebLinkAboutOrdinance 5344 Doc ID: 013535270003 Type. REL
Kind: OR
Reeorded: 09/09/2010 at 12:29:45 PM
Fee Amt: $25.00 Pace 1 Of 3
Mashinaton Countv. AR
Bette Stamps Circuit Clerk
File2010-00026154
ORDINANCE NO. 5344
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 10-3614, FOR APPROXIMATELY 4.37 ACRES,
LOCATED AT LOT 5 BROOKSTONE SUBDIVISION, THE SOUTHEAST
CORNER OF WIMBERLY DRIVE AND LONGVIEW STREET FROM R-O,
RESIDENTIAL OFFICE,TO P-1, INSTITUTIONAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section l: That the zone classification of the following described property is hereby
changed as follows:
From R-O, Residential Office to P-1, Institutional, as shown on
Exhibits"A" and"B" 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 17th day of August,2010.
APPROVED: ATTEST:
By: By: &.6, ':E- A"
O ELD JO , Mayor SONI)AiVE. SMITH, City Clerk/Treasurer
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I certify this instrument was filed on
09/09/2010 12:29:48 PM
and recorded in Real Estate
File Number 2010-00026154
Bette Stamps- Circuit Clerk
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EXHIBIT "B"
RZN 10-3614
METES AND BOUNDS DESCRIPTION FOR LOT 5 (BASED ON BROOKSTONE PLAT):
A PART OF THE SE 1/4 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 17 NORTH,
RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ALUMINUM MONUMENT AT THE SE CORNER OF SAID SEA
OF THE S W '/< AND RUNNING THENCE S 890 06' 36" W A DISTANCE OF 1315.46 FEET
ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO A STONE MONUMENT AT
THE SW CORNER OF SAID 40 ACRE TRACT; THENCE N 0° 31' 44" W A DISTANCE OF
484.61 FEET TO THE POINT OF BEGINNING; THENCE N 89°37'13" E A DISTANCE OF
122.09 FEET; THENCE S 45°24'17" E A DISTANCE OF 374.63 FEET; THENCE N
89006'15" E A DISTANCE OF 124.79 FEET; THENCE N 00°31'44" W A DISTANCE OF
349.42 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF LONGVIEW STREET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 235.00 FEET, A
LENGTH OF 105.75 FEET, A DELTA ANGLE OF 25°46"55", A CHORD BEARING OF N
66°23'18" W, AND A CORD LENGTH OF 104.86 FEET; THENCE N 53029'50" W A
DISTANCE OF 161.10 FEET; THENCE S 36°32'24" E A DISTANCE OF 20.00 FEET;
THENCE N 53029'50" W A DISTANCE OF 50.00 FEET; THENCE N- 36032'24" E A
DISTANCE OF 20.00 FEET; THENCE N 53°37'57" W A DISTANCE OF 118.11 FEET;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 165.00 FEET, A DELTA
ANGLE OF 37006'22", AND A LENGTH OF 106.65 FEET; THENCE S 89028'06" E A
DISTANCE OF 53.33 FEET; THENCE S 00°31'44" E A DISTANCE OF 358.85 FEET BACK
TO THE POINT OF BEGINNING, CONTAINING 4.37 ACRE MORE OR LESS.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/17/2010
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 10-3614: (WRMC, 212): Submitted by USI-Arkansas, Inc. for property located at lot 5 Brookstone Subdivision,
the southeast corner of Wimberly Drive and Longview Street. The property is zoned R-O, Residential Office, and
contains approximately 4.37 acres. The request is to rezone the subject property to P-1, Institutional.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
Ujlf,n, LICAL ' a -21.1A 10 Previous Ordinance or Resolution If
Department girer Date
. ' Original Contract Date:
L, fes—
Original Contract Number:
City Attorney bate
TWA 0. - - ')NalD
Rnanc nd Internal Services Director Date Received in CtY07-30-1 O P03 : 63 FUH
Clerk's Office
Chief of S ff Date
Received in
Mayor's Office
yor Wate
Comments:
Revised January 15,2009
Ta7yrLdi le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
WWW. .org
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan,City Council
Thru: Don Man-, Chief of Staff
From: Dara Sanders,Current Planner
Date: July 29, 2010
Subject: RZN 10-3614 Washington Regional Medical Center
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance to rezone the subject property from R-O,
Resdiential Office to P-1, Institutional (RZN 10-3617).
BACKGROUND
The subject property is located at the intersection of Wimberly Drive and Longview Street, south of Millsap
Road, and is undeveloped. The surrounding area has transitioned from primarily professional offices to one of
the City's highest concentration of medical uses with the relocation of the Washington Regional Medical
Center. This area now consists of pediatric, general, surgical, and specialty medical offices, including the
Washington County Health Department.
The Washington Regional Medical Center currently owns and intends to develop the subject property for a
Hospice facility, which provides care for terminally ill patients, and the applicant requests to rezone the
property from R-O, Residential Office to P-1, Institutional so that the underlying zoning district will accurately
reflect the use and development of the property.
DISCUSSION
On July 26, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for
approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 10-3614, FOR
APPROXIMATELY 4.37 ACRES, LOCATED AT LOT 5
BROOKSTONE SUBDIVISION, THE SOUTHEAST CORNER
OF WIMBERLY DRIVE AND LONGVIEW STREET FROM R-
O, RESIDENTIAL OFFICE, TO P-1, INSTITUTIONAL.
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-O, Residential Office to P-1, Institutional, as
shown on Exhibits "A" and "B" 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 l above.
PASSED and APPROVED this day of 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 10-3614
METES AND BOUNDS DESCRIPTION FOR LOT 5 (BASED ON BROOKSTONE PLAT):
A PART OF THE SE 1/4 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 17 NORTH,
RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ALUMINUM MONUMENT AT THE SE CORNER OF SAID SE '/a
OF THE SW % AND RUNNING THENCE S 890 06' 36" W A DISTANCE OF 1315.46 FEET
ALONG THE SOUTH LINE OF SAID 40 ACRE TRACT TO A STONE MONUMENT AT
THE SW CORNER OF SAID 40 ACRE TRACT; THENCE N 0° 31' 44" W A DISTANCE OF
484.61 FEET TO THE POINT OF BEGINNING; THENCE N 89'37'13" E A DISTANCE OF
122.09 FEET; THENCE S 45°24'17" E A DISTANCE OF 374.63 FEET; THENCE N
89006'15" E A DISTANCE OF 124.79 FEET; THENCE N 00°31'44" W A DISTANCE OF
349.42 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF LONGVIEW STREET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 235.00 FEET, A
LENGTH OF 105.75 FEET, A DELTA ANGLE OF 25°46"55", A CHORD BEARING OF N
66°23'18" W, AND A CORD LENGTH OF 104.86 FEET; THENCE N 53°29'50" W A
DISTANCE OF 161.10 FEET; THENCE S 36°32'24" E A DISTANCE OF 20.00 FEET;
THENCE N 53029'50" W A DISTANCE OF 50.00 FEET; THENCE N 36°32'24" E A
DISTANCE OF 20.00 FEET; THENCE N 53037'57" W A DISTANCE OF 118.11 FEET;
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 165.00 FEET, A DELTA
ANGLE OF 37006'22", AND A LENGTH OF 106.65 FEET; THENCE S 89°28'06" E A
DISTANCE OF 53.33 FEET; THENCE S 00°31'44" E A DISTANCE OF 358.85 FEET BACK
TO THE POINT OF BEGINNING, CONTAINING 4.37 ACRE MORE OR LESS.
TayeV le5 PC Meeting of July 26, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Subdivision Committee
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: idyl19—, 20roUpdatedJuly29 2010
RZN 10-3614: Rezoning (WRMC/LOT 5 BROOKSTONE S/D, 212): Submitted by USI-
ARKANSAS, INC. for property located at LOT 5 BROOKSTONE SUBDIVISION, THE SOUTHEAST
CORNER OF WIMBERLY DRIVE AND LONGVIEW STREET. The property is zoned R-O,
RESIDENTIAL OFFICE and contains approximately 4.37 acres. The request is to rezone the property to
P-1, Institutional. Planner: Dara Sanders
BACKGROUND:
Property Description: The subject property is located at the intersection of Wimberly Drive and
Longview Street, south of Millsap Road, and is undeveloped. The surrounding area has
transitioned from primarily professional offices to one of the City's highest concentration of
medical uses with the relocation of the Washington Regional Medical Center. This area now
consists of pediatric, general, surgical, and specialty medical offices, including the Washington
County Health Department.
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North Professional and medical offices R-O, C-2
South Washington County Health Department R-O
East Medical offices R-O
West Medical offices R-O
Proposal: The Washington Regional Medical Center currently owns and intends to develop the
subject property for a Hospice facility, which provides care for terminally ill patients. This use
would be permitted under the R-O, Residential Office, zoning district subject to Planning
Commission approval of a conditional use permit.
Request: The applicant requests to rezone the property from R-O, Residential Office to P-1,
Institutional so that the underlying zoning district will accurately reflect the use and development
of the property.
Public Comment: Staff has not received public comment.
G.1E)"CIDevelopme t Servicer Reviea,120100evelopmenl Reviews 0-3614 RZN N'RMC Lot 5 of Rrookslone SDI03-Planting Comnission107-
26-101Conrnrenis and Redlines110-3614 PLNG Conmienl.s.doc
RECOMMENDATION:
Staff recommends forwarding the rezoning request (RZN 10-3614) to the City Council with a
recommendation of approval based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: July 26, 2010 ❑ Tabled x Forwarded ❑ Denied
Motion: Chesser Second: Bunch Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
Approved ❑ Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Longview Street and Wimberly Road. Both streets are fully
improved two lane city streets in this location. Street improvements will be
evaluated with development submittal
Water: Public water is available to the property. There is an 8" public main located along
the south side of this property. Public mains may need to be extended through the
property to serve any proposed development.
Sewer: Sanitary sewer is available to the site. There is a 12" public main located along
the south side of this property. Public mains may need to be extended through the
property to serve any proposed development
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the 100-year floodplain.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates
this site as Urban Center Area, which encourages complete, compact and connected
neighborhoods including building types that accommodate retail, offices, rowhouses and
apartments. These areas contain taller buildings and have the most intense and dense
development patterns within the City, as well as the greatest variety of buildings. These meas
recognize conventional strip development, but encourage the redevelopment of these existing
properties for more efficient use of the land.
G.IF.TCIDevelopmenl Services Reviov120100evetopmenl Review110-3614 RZN HIRMC l.or S of 8r-ookslone SDI03-Planning Connnission107-
16-101Connnents and Redflne.s110-3614 PLNG Commenis.doe
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 P-1 zoning is consistent with the City's Urban Center Area land
use designation to encourage a range of uses and regional destinations. Based on
the City's adopted land use planning objectives and principles, staff finds that
the subject property, in close proximity to a regional hospital and other
supporting medical uses, would be appropriately regulated under the P-1 zoning
district and would contribute to the development of this area as a regional
medical complex providing essential medical care to the needs of Northwest
Arkansas.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The increase of the Northwest Arkansas population has resulted in an increased
need and demand for essential services, including medical care. The subject
property is located within the immediate vicinity of the Washington Regional
Medical Center, which provides a medical service not only to tine citizens of
Fayetteville but to the entire region. Staff finds that the subject property could
be developed under the current R-O zoning district, which permits professional
and medical offices by-right and institutional uses (hospitals, schools, churches)
by conditional use.
However, the subject property, currently owned by the Washington Regional
Medical Center, will likely be developed for a hospital use, as it is the stated
intent of the property owner to be developed for a hospice facility. Should the
intended use no longer operate on the subject property, future uses would likely
be associated with the medical uses in the surrounding area; therefore, staff
finds that the proposed zoning is justified at this time, as the R-O zoning district
would impose unnecessary regulation and delay on the future development and
uses of the subject property.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: It is expected that a rezoning from R-O to P-1 could result in the potential for a
slight increase in traffic compared with that allowed under the existing zoning.
However, the infrastructure in the surrounding area has been improved with
several of the surrounding developments and will continue to be improved as the
vacant properties continue to be developed. This site is accessed off two
improved Collector streets (Longview Street and Wimberly Drive) connecting
directly to another improved Collector street, Millsap Road, which are capable
of supporting the volumes of traffic that could be generated under the P-1
zoning.
G:TTCI Developmenl Services Review110-3614 RZAI WRMC Lo15 of 13rookstone SDI03-Planning Connnission!07-
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26-101Connnents and Redlinesll/1-3614 PLNG Commenis.doe.
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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: Staff finds that the proposed zoning would not create undesirable impacts to
public services, or a density that is incompatible with the surrounding area,
based on a review of infrastructure, existing land uses, and the development
potential of the property. The change in zoning to P-1 would not permit uses
that would adversely impact public services.
Increased load on public services were taken into consideration and
recommendations from the Engineering and Fire Departments are included in
this report.
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) though (4) above why the proposed
zoning is not desirable.
Finding: Not applicable. Staff recommends in favor of the requested zoning.
G:IETCIDevelopment Services Review1201O Development Rewew110-3614 RZN WRMC Lot 5 of R ookstone SD103-Planning Commi.ssio, 07-
16-101Comments and Redline.s110-3614 PLNG Comments.doc
