HomeMy WebLinkAboutOrdinance 5237 Doc ID: 012867660003 Type: REL Kind: ORDINANCE Recorded: 05/15/2009 at 02:49:15 PM Fee Amt: $25.00 Paoe 1 of 3 Washlnoton County. AR Bette Stamps Circuit Clerk File2009_00015141 ORDINANCE NO. 5237 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3233, FOR APPROXIMATELY 2.97 ACRES, LOCATED AT 3873 NORTH PARKVIEW DRIVE 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 1 above. PASSED and APPROVED this 5th day of May, 2009. V _ ` a�G° Y O,c SG�j% ° �� �U• ° APPROVED: ATTEST: a ;FAYETTEVILLE; %sy°RKANS J .< By A-�_ By: ELD JO,�PKN,Mayor SONDRA E. SMITH, City Clerk/Treasurer 1 '• t n 3 e. ' �r- PRO I`a' � 6 is Faw n 5's c' ' mg, I My yY �` � t, � e ,` i A n �'� � sem. `� '•.as��gs ����� Ol 75 150 450 600 Feet A@4'`�y, NN, '�yF ��� #. i� 'R-a, 'T.Y�- � -2�L�� N= 'n� � �qy� '➢'k'� ti�Aw�r*�aCo EXHIBIT "B" RZN 09-3233 PER WARRANTY DEED FILE NO. 2005-00044753 LOTS 13, 14, & 15, VANTAGE SQUARE, UNIT 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 10 AT PAGE 79-80, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. RECEIVED ��+y�rr��to� pp �Y }#.,� MAY 13 2009 i. �3i4w7 �L�.©C ' �( rfE CITY OF FAYETTEVILLE ' . t. •. CITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5237 May 11, 2009 Publication Charge : $75.3``2nn Signed: --- Subscribed and sworn to before me This /)day of y111atn 2009. Notary Public CCGZP�rt�t._S_ kl , ..... CATHERINE STAGGS Washington County My Commission Expires M Commission Expires-: Fabruary27,20% Y p� .- Do not pay from Affidavit, an invoice will be sent RECEIVED MAY 13 2009 CITYFCITY�CLERK S OFF�6 E ORDINANCE NO.5237 AN ORDINANCE REZONING THAT PROPERTY. ��� � DESCRIBED IN REZONING PETITION RZN093 AT `T FOR APPROXIMATELY 2.97 ACRES 3. LOCATED AT Y 3873 NOflTH PARKVIEW DRIVE FROM R-O RESI- DEN TIALOFFICE,TOP-1,INSTITUTIONAL ARKANSAS BE IT ORDAINED By THE CITY COUNCIL OF THE CITY. OF FAYETTEVIll . ARKANSAS: 'Section 1:That the zone classification of the following described property is hereby changed as fol- lows. From R-O,Residential Office to P-1,inslitutiond.as shown on€1ribM1s A:'and,S" 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 5th day of May,2009. APPROVED: ,. ATTEST: By: By: LI0N2LD JORDAN,Mayor :SONDRA E.SMITH,City Cisrk(Freasorar Exhibit A is a map and may be viewed in the office of the City Clerk/Geasumr during normal busi- ness hours. EXHIBIT'13' RZN 09-3233' PER WARRANTY DEED FILE NO.2005-00044753 LOTS 13,14,&15.,VANTAGE SQUARE,UNIT 2,ASUBDIVISION TO THE CITY OF FAYETIEVlULE, RECORDS ARKANSAS,AS SHOWN ON PWT OF RECORD IN PLAT BOOK 10 AT PAGE 79-80,PLAT OF WASHINGTON COUNTY,ARKANSAS - ORD City of Fayetteville Staff Review Form 5/�l City Council Agenda Items e� SGOa 3 and Contracts, Leases or Agreements lev�S 5/5py lQ / City Councill Meeting Date r Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 09-3233: (Physicians Specialty Hospital; 175): Submitted by CEI Engineering Associates, Inc. for property located at 3873 North Parkview Drive. The property is zoned R-O, Residential Office, and contains approximately 2.97acres. 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 (D.0 Previous Ordinance or Resolution# Dep rtmen Di ct r Date Original Contract Date: G-J( aOriginal Contract Number: y Attorney p pp Date `f o,.v.Y. cll _ ta.,Jr-+ c1 -16--40C KERFO Finance and Internal Services Director Date Received in City � It_ 0 Clerk's Office �,'V.�-� ny� f, IA�tJ hi S aff �6 ate ENT Received in Mayors Office { �9 a or ate Comments: Revised January 15,2009 City Council Meeting of May 5, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate, Director of Development Services From: Dara Sanders, Current Planner Date: April 6, 2009 Subject: Rezoning for Physician's Surgery Center(RZN 09-3233) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property from R-O, Residential Office to P-1, Institutional located at 3873 North Parkview Drive. BACKGROUND The subject property is located on North Parkview Drive, north of Joyce Boulevard and south of the Park Apartments, a multiple-family development. The 2.96-acre tract is currently developed for the Physician's Surgery Center with one medical office/hospital building and associated parking. In 1991, the Planning Commission approved a development request to construct a medical office building on the subject property, a permitted use in the R-O, Residential Office zoning district. In 2007, the applicant submitted a large scale development application to the Planning Division for an expansion of the existing office building. Staff determined that the proposed use of the property had shifted from a medical office to an out-patient surgery operation, which would require a conditional use permit to operate a hospital (Use Unit 4) in the R-O zoning district. The Planning Commission approved the applicant's development request (LSD 07-2536) to add a 20,506-foot addition to the structure and Conditional Use request to operate a hospital use in the R-O zoning district (CUP 07-2539). In 2008, the Planning Commission approved a new Conditional Use request to allow for a 3`d floor addition to the structure, finding that an expansion of the hospital use on the subject property is compatible with the surrounding area. Any expansion or change of use would require a new conditional use permit under the current R-O zoning. The applicant proposes 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 that was approved previously by the Planning Commission. DISCUSSION This item was heard at the regular Planning Commission meeting on March 23, 2009. The Planning Commission voted 9-0-0 to forward this rezoning request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3233, FOR APPROXIMATELY 2.97 ACRES, LOCATED AT 3873 NORTH PARKVIEW DRIVE 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 I above. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer _ 1 "t z IN ' `—f w b��'^.� t-�wv • as �§ ax r-�fs.a!v to �.++. ,qAll t v ��,wq . . � ry� �� s�� va r�'�`� aro v :.f hs�, �� s v kT r 9 >•s t- z �' 4 6'^ t N` w'� �l,•a �yrep .7�?r fi '�` ° � z'° ,�. rr v x iv scx pL•• t F &N�xy�(" ix 3S, �. f s<' � i ? r *� 5�'"h "� �✓'a1' � i v� h �ra 1 �TG3 r�-� z t to \ r t S �BELcrd i R'4 "' tY'�b ':h✓^K' i@��t V 15 ''� l0. J t <tY%� '�,! � ar.3i"a _ °631` '' n :i I'M EXHIBIT `B" RZN 09-3233 PER WARRANTY DEED FILE NO. 2005-00044753 LOTS 13, 14, & 15, VANTAGE SQUARE, UNIT 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE,ARKANSAS, AS SHOWN ON PLAT OF RECORD 1N PLAT BOOK 10 AT PAGE 79-80, PLAT RECORDS OF WASHINGTON COUNTY,ARKANSAS. x = . yJ In PC Meeting of March 23, 2009 y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Data Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: RZN 09-3233: (PHYSICIAN'S SPECIALTY HOSPITAL, 175): Submitted by CEI ENGINEERING ASSOCIATES,INC.for property located at 3873 NORTH PARKVIEW DRIVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 2.97 acres. The request is to rezone the subject property to P-1, Institutional. Planner: Dara Sanders BACKGROUND: Property Description: The subject property is located on North Parkview Drive, north of Joyce Boulevard and south of the Park Apartments,a multiple-family development.The 2.96-acre tract is currently developed for the Physician's Surgery Center with one medical office/hospital building and associated parking. History: In 1991,the Planning Commission approved a development request to construct a medical office building on the subject property,a permitted use in the R-O,Residential Office zoning district. In 2007,the applicant submitted a large scale development application to the Planning Division for an expansion of the existing office building. Staff determined that the proposed use of the property had shifted from a medical office to an out-patient surgery operation, which would require a conditional use permit to operate a hospital (Use Unit 4) in the R-O zoning district. The Planning Commission approved the applicant's Large Scale Development request (LSD 07-2536) to add a 20,506-foot addition to the structure and Conditional Use requests for off-site parking (CUP 07- 2540)and to operate a hospital use in the R-O zoning district(CUP 07-2539).In 2008,the Planning Commission approved a new Conditional Use request to allow for a 3rd floor addition to the structure,finding that an expansion of the hospital use on the subject property is compatible with the surrounding area.Any expansion or change of use would require a new conditional use permit under the current R-O zoning. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Multi-family apartment complex RMF-24 South, East, and West Professional office R-O K.IRepores120091PC Reports109-March 231RZN 09-3233(Physician's Specialty Hospital).doc Proposal: The applicant proposes 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 that was approved previously by the Planning Commission. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding the rezoning request RZN 09-3233(Physician's Surgery Center)to the City Council with a recommendation of approval based on findings stated herein. - ynu �a INFRASTRUCTURE: Streets: The site has access to Parkview Drive. This is a fully developed two lane city street. Water: Public water is available to the property. There is a 4"main along Parkview Drive. Sewer: Sanitary sewer is available to the site. There is an 8" public main along the west property line of this parcel Drainage:; Standard improvements and requirements for drainage will be required for the development. This property is affected by the 100-year floodplain. Police: It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This RZN will not create an appreciable increase in traffic danger and congestion. CITY PLAN 2025 FUTURE LAND USE PLAN:City Plan 2025 Future Land Use Plan designates this site as Residential Neighborhood Area, which recognizes conventional subdivision development but encourages traditional neighborhood development that incorporates low-intensity non-residential uses. K.IReports120091PCRepor1s109-March 231RZA'09-3233(Physician's Specialty Hospital).doc