HomeMy WebLinkAboutOrdinance 5254Iiiiii II II IIII DIII HD VIII VIII HIll 1101 DID II ll VIII III II
Doc ID: 013022020003 Type: REL
Kind: ORDINANCE
Recorded: 08/13/2009 at 08:06:50 AM
Fee Amt: $25.00 Pace i of 3
Washinaton County. AR
Bette Stamps Circuit Clerk
File2009-00026285
ORDINANCE NO. 5254
ARC,..IVED
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3317, FOR
APPROXIMATELY 9.91 ACRES, LOCATED ON THE WEST
SIDE OF CROSSOVER ROAD, APPROXIMATELY 0.50 MILE
NORTH OF HIGHWAY 16E, FROM RSF-4, RESIDENTIAL
SINGLE FAMILY FOUR UNITS/ACRE, TO MSC, MAIN
STREET CENTER
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 RSF-4, Residential Single Family Four Units/Acre to MSC,
Main Street Center, as shown and described on attached exhibits
"A" and "B".
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 21St day of July, 2009.
APPROVED:
ATTEST:
By:
IONELD J AN, Mayor
Exhibit "A"
RZN09-3317
Close Up View
WHITFIELD/ CROSSOVER RD.
Overview
0 125 250 500
S J
RSF,4.
H.
J1 H r1
LI is , lri_1j'J.i 1
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legend
0 2%u.r,c� rtee<pr�n (S00 • r. fwwow�l
n.& 1%CnAKA/leplp'Af,;i O.,. od* ,J
Ions (. t%CMIIL� floodpl.n ( t W • M Fleedp4n
r+n^1200I faoyrwr
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750 1,000►
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Page 2
Ordinance 5254
EXHIBIT "B"
R 7N (1Q 17
LEGAL DESCRIPTION: (RSF-4 TO MSC)
PART OF THE NWl/4 OF THE SE1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SAID NW1/4 OF THE SE1/4, SAID POINT
BEING AN EXISTING STONE MONUMENT;
THENCE ALONG THE NORTH LINE OF SAID NWI/4 OF THE SEI/4 S86°59'10"E 905.56
FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE S86°59'10"E 215.52 FEET;
THENCE DEPARTING SAID NORTH LINE S03°00'50W 100.00 FEET;
THENCE S86°59'10"E 180.46 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF HIGHWAY 265 (CROSSOVER ROAD);
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR
COURSES:
S06° 10' 12"W 350.29 FEET;
S09°02'04"W 150.65 FEET;
S07°59'32"W 279.68 FEET;
S06°00'46"W 184.59 FEET TO A FOUND IRON REBAR PIN WITH A CAP STAMPED
WITH BLEW PLS 1532; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE,
N87°24'11 "W 424.18 FEET; THENCE N08°56'42"E 464.92 FEET; THENCE N02°2105"E
128.21 FEET; THENCE N01 °58'59"E 326.88 FEET; THENCE N28°06'59"E 139.04 FEET;
THENCE N03°17'49"W 22.40 FEET TO THE POINT OF BEGINNING CONTAINING
431747 SQ. FT. OR 9.91 ACRES, MORE OR LESS.
Washington County , AR
I certify this instrument was filed on
08/13/2009 08 :06 :50 AM
and recorded in Real Estate
File Number 2009-00026285
Bette Stamps -Circuit Clerk
f:,c...
by-----------
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Andrew Garner
Submitted By
7/21/2009
City Council Meeting Date
Agenda Items Only
Planning Development Services
Division Department
Action Required:
RZN 09-3317: (Whitfield, 527): Submitted by Crafton, Tull, Sparks and Associates for property located on the west
side of Crossover Road, approximately 0.5 mile north of Highway 16E. The property is zoned RSF-4, Residential
Single -Family, 4 units per acre, and contains approximately 9.91 acres. The request is to rezone the subject property
to MSC, Main Street Center.
Cost of this request
Account Number
Project Number
Budgeted Item
Department irect
City Attorney
►2.4cJ�..--
Finance and Internal Services Director
Comments:
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Date
Original Contract Date:
/Z/`i Original Contract Number:
Date
6-'Xg-69
Date Received in City
Clerk's Office Gj
�S
ate
Received in
Mayor's Office
A�ate
Revised January 15, 2009
City Council v.4eeting of July 21, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy C. Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: June 24, 2009
Subject: Rezoning for Whitfield (RZN 09-3317)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-family to MSC, Main Street Center located on the west side
of Crossover Road approximately 0.5 mile north of Highway 16E.
BACKGROUND
The subject property contains 9.2 1 acres on the west side of Crossover Road, approximately
0.5 -mile north of Huntsville Road. The site is undeveloped with pasture and woodlands.
There is a north -south trending stream/floodplain that traverses the property. The property is
part of a larger 42.44 acre site, the western 32.53 acres is the potential site for the new Happy
Hollow Elementary School. On June 11, 2009 the Subdivision Committee approved LSP 09-
3315 (Happy Hollow School) to create three legal lots of record, including the interior
elementary school lot and the subject property consisting of two lots totaling 9.31 acres along
Crossover Road. The property is bordered by the Cliffs Apartments to the north, Eastside
Baptist Church to the south, the undeveloped potential site of the Happy Hollow Elementary
school to the west, and single family residential to the east.
The applicant proposes to rezone the property from RSF-4, Residential single-family to
MSC, Main Street Center.
DISCUSSION
This item was heard at the regular Planning Commission meeting on June 22, 2009. One
member of the public spoke in opposition of the rezoning discussing concern with
commercial development creeping north along Crossover Road. The Planning Commission
voted 6-0-1 (Kennedy recused) to forward this rezoning request to the City Council with a
recommendation for approval.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3317, FOR
APPROXIMATELY 9.91ACRES, LOCATED ON THE WEST
SIDE OF CROSSOVER ROAD, APPROXIMATELY 0.50 MILE
NORTH OF HIGHWAY 16E, FROM RSF-4, RESIDENTIAL
SINGLE FAMILY FOUR UNITS/ACRE, TO MSC, MAIN
STREET CENTER
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 RSF-4, Residential Single Family Four Units/Acre
to MSC, Main Street Center, as shown and described on
attached exhibits "A" and "B".
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
APPROVED:
day of , 2009.
ATTEST:
By: By:
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
RZN09-3317 WHITFIELD/ CROSSOVER RD.
Close Up View
-
p
SPINIINK
1 4CD
Overview
RSF
Lrte., '••aZiT,.•.r :'
� 1
DEERPATH DR
SUBJECT PROPERTY
.5. .. -II
RSF-4
O
Li o
tum
O09-J] 11
I U 0% Cnance Flooaplain 500- p Flopaplain
Zone A I'. chants Flooaj.am 1100.,, Flooaplaml
Zone AE, 1% Chancy Flocaplain (10U - yr Flooaplain
200 r Fcelp'nts
Devon Overlay GIUWSI
t Fayetteville
--- Planning area
0 125 250 500 750 1,000
EXHIBIT "B"
RZN 09-3317
LEGAL DESCRIPTION: (RSF-4 TO MSC)
PART OF THE NW1/4 OF THE SE1/4 OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SAID NW1/4 OF THE SE 1/4, SAID POINT
BEING AN EXISTING STONE MONUMENT;
THENCE ALONG THE NORTH LINE OF SAID NW1/4 OF THE SE1/4 S86°59'10"E 905.56
FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE S86°59'10"E 215.52 FEET;
THENCE DEPARTING SAID NORTH LINE S03°00'50"W 100.00 FEET;
THENCE S86°59'10"E 180.46 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF HIGHWAY 265 (CROSSOVER ROAD);
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR
COURSES:
S06°10'12"W 350.29 FEET;
S09°02'04"W 150.65 FEET;
S07°59'32"W 279.68 FEET;
S06°00'46"W 184.59 FEET TO A FOUND IRON REBAR PIN WITH A CAP STAMPED
WITH BLEW PLS 1532; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE,
N87°24'11 "W 424.18 FEET; THENCE N08°56'42"E 464.92 FEET; THENCE N02°2105"E
128.21 FEET; THENCE N01 °58'59"E 326.88 FEET; THENCE N28°06'59"E 139.04 FEET;
THENCE N03°17'49"W 22.40 FEET TO THE POINT OF BEGINNING CONTAINING
431747 SQ. FT. OR 9.91 ACRES, MORE OR LESS.
"�ttvi1e
PC Meeting of June 22, 2009
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: June 18,2009 Updated June 24. 2009
RZN 09-3317: (WHITFIELD / CROSSOVER RD., 527): Submitted by CRAFTON, TULL,
SPARKS & ASSOC. for property located at APPROXIMATELY 0.50 MILES N OF HWY 16E, W
OF CROSSOVER ROAD. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and
contains approximately 9.91 acres. The request is to rezone the subject property to MSC, Main
Street Center. Planner: Andrew Garner
Property: The subject property contains 9.91 acres on the west side of Crossover Road,
approximately 0.5 -mile north of Huntsville Road. The site is undeveloped with pasture and
woodlands. There is a north -south trending stream/floodplain that traverses the property.
Surrounding land use and zoning is depicted on Table 1.
Table I
Surrounding Land Use and Zoning
Direction from
Site
Land Use
Zoning
North
Multi -Family Residential (Cliffs Apartments)
RSF-4
South
Undeveloped pasture
RSF-4
East
Single Family Residential; Eastside Baptist Church
RSF-4
West*
Undeveloped Rural Residential
RSF-4
*Potential site for the new Happy Hollow Elementary School, proposed P-1, Institutional zoning.
The property is part of a larger 42.44 acre site, the western 33.13 acres is the potential site for the
new Happy Hollow Elementary School. On June 11, 2009 the Subdivision Committee approved LSP
09-3315 (Happy Hollow School) to create three legal lots of record, including the interior elementary
school lot and the subject property consisting of two lots along Crossover Road.
Proposal: The applicant originally requested a rezoning to C-2, Thoroughfare Commercial, on the
subject property. After hearing staffs concerns with adding a strip commercial development pattern
in this area, the applicant proposes to rezone the subject property from RSF-4 to MSC, Main Street
Center to "discourage suburban sprawl" and allow for "traditional town form" along a Principal
Arterial roadway consistent with City Plan 2025.
Public Comment: Staff has received some phone calls opposed to rezoning the property for
commercial use.
K:Reports l20091PCReportsll5-June 22IRZN 09-3317 (Whitfield).doc
INFRASTRUCTURE:
Streets: The site has access to Crossover Road. Crossover Road is a fully improved multi -lane
state highway in this location. Street improvements will need to be evaluated at the time of
development.
Water: Public water is available to the property. There is a 24" main along Crossover Road. Public
water will need to be extended through the property to provide domestic and fire flow for any
proposed development.
Sewer: Sanitary sewer is available to the site. There is a 10" running through 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 1 00 -year floodplain.
Fire: At the time of publication of this report no comments were provided from the Fire
Department.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially
alter the population density, create an undesirable increase in load on police services, or create an
undesirable increase in traffic danger and congestion.
CITYPLAN2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates
a majority of this site as City Neighborhood Area. Rezoning this property to MSC along a Principal
Arterial (Crossover Road/State Highway 265) is consistent with the City Neighborhood Area
designation that encourages a dense urban fabric with mixed and low -intensity nonresidential uses.
The MSC zoning is also consistent with City Plan 2025 Goal 2, "We will discourage suburban
sprawl ", and Goal 3, "We will make traditional town form the standard". The MSC center zoning
does not permit a typical commercial strip -center development pattern with vast parking lots
adjacent to the street that is common along many of the City's arterial streets, and is discouraged by
the City's land use policies. Rather, the MSC zoning requires a compact and complete development
pattern with buildings close to the street and a mix of uses. A small portion of this site associated
with floodplain is designated as Natural Area. These sensitive areas will be reviewed in detail at the
time of development to ensure that they are incorporated into the design of the project to minimize
impacts.
RECOMMENDATION:
Staff recommends approval of the MSC rezoning based on findings stated herein. The traditional
development pattern and mixed use allowed under this zoning are appropriate in this location on a
principal arterial that is an extension of the City Neighborhood node around the major intersection of
K: I Reportsl20091PC Reporlsl ]5 -June 221RZN 09-33/7 (Whitfield). doc
two state highways (Crossover Road/Huntsville Road). The MSC zoning would encourage a
traditional development pattern on the property, allowing this site to make a greater contribution to
being a complete neighborhood by providing needed non-residential services and establishing the
City's desired development pattern; rather than a single -use commercial zoning that has been
typically proposed along the state highways bisecting Fayetteville. The benefit gained to the City of
MSC zone over a C-2 zone is the form of the development that results on the site, which is a more
desirable pattern of growth.
PLANNING COMMISSION ACTION: Required YES
❑ Approved X Forwarded ❑ Denied
Motion: Lack Second: Zant Vote: 6-0-1 (Kennedy recused)
Date: June 22, 2009
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date: July 21, 2009 (1" reading if recommended)
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: Location. The property is designated as City Neighborhood Area in the City
Plan 2025 Future Land Use Plan. The proposed MSC zoning is consistent with
the City's land use planning objectives, principles and policies to encourage
complete, compact, and connected neighborhoods indicated by the City
Neighborhood Area designation. The Guiding Policies for the City
Neighborhood Area discuss that non-residential uses should be provided in
areas that are accessible for the convenience of individuals living in residential
districts. The subject property is located in the vicinity of a major intersection of
two state highways (Crossover Road and Huntsville Road) providing north -
south and east -west connection through Fayetteville. While the site is not
considered a `node', in the sense of a concentrated mixture of uses at a major
intersection, this site is an extension of the City Neighborhood node associated
with that intersection that has been planned to provide non-residential services
to the numerous residents living in southeast Fayetteville, where there are
limited amounts of non-residential uses and zonings. The City Council identified
this site as a Controlled Growth Sector in City Plan 2025 and staff finds it is an
appropriate location for mixed use along this busy state highway.
Development Pattern. With the adoption of City Plan 2025 in 2006, the City
Council made a policy decision to change future development patterns from the
post World War II suburban pattern with strict separation of uses to a
"traditional town form" pattern. City Plan 2025 Goals 2 and 3 state, "We will
K. IReporls120091PC Reports 15 -June 221RZN 09-3317 (WhitjIeld).doe
discourage suburban sprawl" and "We will make traditional town form the
standard". The MSC center zoning does not permit a typical commercial strip -
center development that is common along the City's arterial streets, and is now
discouraged by the City's land use policies. Rather, the MSC zoning requires a
compact and complete development pattern with buildings close to the street,
parking located behind, and a mix of uses, consistent with these goals. By
introducing this form -based zoning along a major arterial the desired
"traditional town form" pattern will be encouraged. This is a positive step
towards meeting the goals of City Plan 2025 and a shift from the existing
development pattern on the City's other arterials such as College Avenue,
Martin Luther King Jr. Boulevard, and Wedington Drive. In addition, the
introduction of multiple uses adjacent to an arterial and other infrastructure
takes advantage of the infrastructure improvements that have already occurred;
this is a much more desirable practice of infill, as opposed to siting new areas on
the edge of town, where infrastructure must be extended.
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 needed as the existing RSF-4 zoning would only allow
for single family residences. This site fronts a busy highway with high-speed
traffic. Much of the property is not feasible to be developed for single family
residences in a typical RSF-4 fashion. The site has been identified as a
Controlled Growth Sector in the City's Future Land Use Plan and designated
for higher intensity uses — the existing zoning does not accomplish the goals of
the City for future use of the property. The proposed MSC zoning would allow
the flexibility for mixed uses along this busy transportation corridor.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning has the potential to generate additional traffic on the
surrounding street system over the existing RSF-4 zoning because of the
commercial and multi -family uses that would be permitted. However, due to this
site being located directly on an improved state highway and in the vicinity of a
signalized intersection, the existing street infrastructure is adequate. Staff does
not find that this rezoning would appreciably increase traffic danger or
congestion. Access points would be reviewed in conformance with the Access
Management Ordinance at the time of development to ensure safe ingress and
egress; street improvements would also be evaluated and required at the time of
development.
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
K. (Reports 120091 PC Reports 15 -June 22WZN 09-3317 (Whi f eld). doc
facilities.
Finding: The proposed zoning would increase the potential population density as the
MSC zoning district does not have a maximum density, compared with four (4)
units per acres under the RSF-4 zoning. This location directly on a major
transportation corridor near a signalized intersection has adequate existing
infrastructure and can accommodate high density.
Increased load on public services was taken into consideration and
recommendations from Engineering, Fire, and Police Departments are included
in this report. Significant adverse impacts to public services would not result
with the incorporation of standard improvements as part of the development.
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;
Finding: It is impractical for all of the property to remain under the RSF-4 zoning
classification for reasons discussed in Finding No. 2. This site has the potential
to support a dense urban form of development in a traditional pattern, as
previously identified by City Council with the identification of this site as a
Controlled Growth Sector and City Neighborhood Area on the Future Land Use
Plan. Staff finds that the proposal for MSC zoning on a major transportation
corridor in this situation is appropriate. The site will utilize existing
infrastructure and result in the potential for a traditional town form as opposed
to suburban development pattern.
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: Not applicable. Staff recommends in favor of the requested zoning.
K.-Weportsl20091PC Reportsl ] 5 -June 221RZN 09-3317 (Whitfield) .doc
161.21 Main Street/Center
(A) Purpose. A greater range of uses is expected and encouraged in the Main Street / Center. The Center is more
spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood
Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments
or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for
the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For
the purposes of Chapter 96: Noise Control, the Main Street Center district is a commercial zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related services
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement
facilities
Unit 15
Neighborhood shopping oods
Unit 16
Shopping oods
Unit 17
Trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Professional offices
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 18
Gasoline services stations and drive
in restaurants
Unit 28
Center for collecting recyclable
materials
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
K: IReportsl2009kPC Reporlsl ]5 -June 221RZN 09-3317 (Whi feld).doc
(D) Bulk and area regulations.
(1) Lot width minimum.
I Dwelling (all unit types) 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front
The principal facade
of a building shall be
built within a build -to
zone that is located
between the front
property line and a
line 25 ft. from the
front property line.
Side, facing street
The principal facade
of a building shall be
built within a build -to
zone that is located
between the front
property line and a
line 25 ft. from the
front property line.
Side, internal
None
Rear, without easement
5 ft.
or alley
Rear, from center line of
12 ft.
an easement or alley
(F) Minimum buildable street frontage. 75% of lot width.
(G) Height Regulations. A building or a portion of a building that is located between 0 and 15 feet from the front
property line or any master street plan right-of-way line shall have a maximum height of 4 stories or 56 feet,
whichever is less. A building or a portion of a building that is located 15 feet or greater from the front property line
or any master street plan right-of-way line shall have a maximum height of 6 stories or 84 feet, which ever is less.
(H) Parking regulations. No parking lots are allowed to be located in the front or side build -to -zone facing a public
right of way.
(Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5042, 8-07-07; Ord. 5195, 11-6-08)
K: IReports120091PC Reports ] 5 -June 221RZN 09-3317 (Whitfreld).doc
Po ,'A bQ ar+mth ►t COVAMOYJ5
Date 6/1/09
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for comments on the proposed RZN-09-3317
(Happy Hollow / Crossover Rd) Submitted by Crafton, Tull, Sparks & Associates for
property located approx. 0.5 miles N of Hwy 16E, W of Crossover Road.
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.
Sincerely,
Captain William Brown
Fayetteville Police Department
479.636.4838 t 479.631.6224 f
www.craftonEuflsparks.com
June 11, 2009
Planning Commission
City of Fayetteville
125 W. Mountain Street
Fayetteville, AR 72701
Dear Planning Commission:
Crafton Tull Sparks
architecture I engineering
Birmingham
Conway
Little Rock
Oklahoma City
Rogers
Russellville
Tulsa
Wichita
This letter shall accompany the Rezone request for approximately 9.91 acres of land from
RSF-4 (Residential Single Family — 4 units/ac) to MS/C (Main Street / Center). The
subject property is located along the west side of Hwy. 265 (Crossover Road),
approximately 0.5 miles north of the intersection between Hwy. 16 (Huntsville Road) and
Hwy. 265 (Crossover Road). The rezone of this property shall be in conjunction with a
tract split of the same property.
Current Ownership Information:
Currently the property is owned by Andrea Whitfield (166 Ivy Brook Lane, Collierville,
TN 38017).
Reason (need) for requesting zoning change:
With the successful rezoning and sale of the property that is being proposed for Happy
Hallow Elementary School. The remaining property will be perfectly suited for some
form of mixed use or neighborhood service along Crossover Road. This property can
bring support businesses to the community that do not exist and be situated for easy
access by parents dropping off and picking up their children.
How will the property relate to surrounding properties in terms of landuse, traffic,
appearance, and signage.
The adjacent property to the north consists of The Cliff's apartment complex. To the
west is the proposed Happy Hollow property. The Eastside Missionary Baptist Church
abuts the property along the south. Across Crossover Road is the Wymann/Stonebridge
Subdivision.
Availability of water and sewer.
A large water main is located along the west side of Crossover Road. It is planned that
once the school site develops; a connection will be made between the existing 8" stubout
from the northwest and the existing main along Crossover Road. A Sanitary Sewer main
is accessible along the Crossover Branch creek which runs along the east side of the
property to be rezoned. This existing sewer line is 10" in diameter except for a small
portion in the northwest corner of the site which is 20" in diameter.
4 ) Crafton Tull Sparks
The degree to which the proposed zoning is consistent with land use planning
objectives, principles, and policies and with land use and zoning plans.
The 2025 Land Use Plan shows the property as City Neighborhood. The proposed Happy
Hollow School, adjacent to the west is shown as Residential Neighborhood. The property
to the south is shown as City Neighborhood also. We believe that the MS/C zoning fits
within the guidelines of the 2025 plan and complements both the Residential
Neighborhood and City Neighborhood planed areas.
Whether the proposed zoning is justified and/or needed at the time of the request
The proposed zoning is needed at this time. With the purchase of the land due east by the
Fayetteville School District the remaining land will be more likely to be developed.
Without rezoning the property developers will be unwilling to purchase or consider this
property for development. For this reason it is necessary at this point to rezone the
property so that the property can be placed on the market and bring additional services to
this area.
Whether the proposed zoning will create or appreciably increase traffic danger and
congestion.
This zoning change will not directly impact traffic or congestion on area streets. Once
development begins a center turn lane will be added to Crossover Road to help maintain
the flow of traffic.
Whether the proposed zoning will alter the population density and thereby undesirably
increase the load on public services including schools, water, wul .,ewer facilities.
The proposed zoning should not have any adverse affect on public services and
infrastructure.
Why it would be impractical to use the land. for any of the uses permitted under its
existing zoning classification.
The current zoning is not necessarily an impractical use for this area. However, we feel
that the proposed zoning is a complement to the current and surrounding zoning's.
Sincerely,
Jonathan Ely, E.I., LEEDOO AP
Civil Engineering
Jonathan.Ely@craftontuf srarkscom
RZN09-3317 WHITFIELD/ CROSSOVER RD.
Future Land Use
SP1NEL INK vwt7_ _DEERPATH DR
hISUBOJEC PROPERTY
WYPIAN RD
Legend
Q RZN00-3317
FUTURE LAND USE 2025
CLASS
NaturelArea
Rural Area
Resldendal Neighborhood Area
_ Clry Neighborhood Area
Overview Industrial
Complale Neighborhood Plan
J Civic and Pnvale Open Speca/Parks
- Chin lnsglugonal
Non -Municipal Government
ROW
0 2% Chance Floodplain (500 - yr Floodplain)
Zone A. 1% Chance Floodplain (100 - yr Floodplain)
Zone AE, 1% Chance Floodplain (100-yr Floodplain
2007 FOolpdnts
Design Overlay Dlsbint
--� Planning Area
0
0 125 250 500 750 1,000
Feet ��
RZN09-3317
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RZN0D-3317
0.2% Chance Floodplain (500 - In Floodplain)
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Zone AE, 1% Channo FloodplAn (100 - yr Floodplaln
2007 Foolprinlo
Deelgn Overlay District
O Fayetteville
--- Plan ning Area
0
0 125 250 500 750 1,000
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RZN09-3317 WHITFIELD/ CROSSOVER RD
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RECEIVED
AUG05 5 2009
Arkansas Democrat ' (!izctte
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
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 5254
July 29, 2009
Publication Charge : $ 102.22
Signed:----�i� _ w J
Subscribed and sworn to before me
This day of 2009.
Notary Public
My Commission Expires: ` .c.,c - (� 6
Do not pay from Affidavit, an invoice will be sent (N A• Jq�
�i�OOM. tU; --mss
�� G
RECEIVED
AUG05 5 2009
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE No. 5254
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION I3ZN 09-3317,
FOR APPROXIMATELY 9.91 ACRES. LOCATED ON
THE WEST SIDE OF CROSSOVER ROAD, APPROX-
IMATELY 0.50 MILE NORTH OF HIGHWAY 16E,
FROM RSF-4, RESIDENTIAL SINGLE FAMILY '3vn
UNITS/ACRE, TO MSC. MAIN STREET CENTER
Y%evy�ale
BE IT ORDAINED BY THE CITY COUNCIL OP, THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the zone classification of the following described property is hereby changed as fol-
lows.
From RSF-4, Residential Single Family Four Units/Acre to MSC, Main Street Center, as
shown and described on attached exhibits "A" and "B".
Section 2: That the olirc,al zaunil map of the City of Fayetteville, Arkansas is hereby amended to
reflect the zoning change providou in Section 1 above.
PASSED and APPROVED this 21st day of July, 2009.
APPROVED: ATTEST:
LIONELD JORDAN, Mayor SONDRA I- SMITH, City Clork/Trassurar
EXHIBIT "E"
RZN 09.3312
LEGAL DESCRIPTION: (RSF4 TO MSC)
PART OF TI IE NW /4 OF 111E SE:/4 OF SECTION 14. TOWNSHIP 16 NORTH, RANGE 30 WEST.
WASHINGTON COUNTY. ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING At TI -4E NW CORNER OF SAID NW1/4 OF THE SE1/4, SAID POINT BEING AN
EXISTING STONE MONUMENT:
THENCE ALONG THE NORTH LINE OF SAID NW1/4 OF THE SE1/4 S86°5a'10'E 905.56 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE 586'59'1o'E 215.52 FEET.
THENCE DEPARTING SAID NORTH LINE 503°00'50'W 100.00 FEET:
THENCE S86°59' 10'E 180.46 PEF 1 TO A POINT ON THE WEST RIGHT OF -WAY LINE OF HIGHWAY
265 (CROSSOVER ROAD).
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING FOUR COURSES:
506'10'12W 35029 FEET:
509'02'04W 15065 FEET.
S07°59'32W 279.68 FEET;
S06°00'48W 184.59 FEET TO A FOUND IRON REBAR PIN WITH A CAP STAMPED WITH BLEW PLS
1532; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE, N81'24'11 W •124 18 FEET. THENCE
N0B'56'42'E 464 92 FEET; THENCE NO2°21'05 -E 128 21 FEET, THENCE NOt°58.59-E 326.88 FEET;
THENCE N28°06'59'E 139.04 FEET. THENCE NO3'17'49W 2240 FEET TO THE POINT OF BEGIN.
NING CONTAINING 431747 SO. FT OR 9.91 ACRES. MORE OR LESS