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HomeMy WebLinkAboutOrdinance 4763 EXHIBIT "A" RZN 05-1649 TRACT #1 A 7.95 ACRE PART OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, T- 16-N, R-30-W, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE N89°53 '32" A DISTANCE OF 329.08' TO POINT; THENCE S00° 14' 09"E A DISTANCE OF 264.66 TO A SET IRON PIN AND THE TRUE POINT OF BEGINNING: THENCE N89053 '32' E A DISTANCE OF 329.22' TO AN IRON PIN; THENCE S00016'00'E A DISTANCE OF 1049.83 ' TO AN IRON PIN; THENCE 589°24' 39"W A DISTANCE OF 329.79' TO AN IRON PIN; THENCE N00°I4'09"W A DISTANCE OF 1052.60' TO AN IRON PIN AT THE POINT OF BEGINNING.HAVING AN AREA OF 346377.6 SQUARE FEET OR 7.95 ACRES MORE OR LESS. THIS PROPERTY IS SERVED BY A 25 ' WIDE INGRESS EGRESS AND UTILITY EASEMENT AS SHOWN ON DEED #97034187 IN THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE. SUBJECT TO ALL EXISTING EASEMENTS, RIGHT-OF-WAYS, RESTRICTIONS AND ALL OTHER ENCUMBRANCES, BOTH PUBLIC AND PRIVATE. TRACT #2 A 8. 15 ACRE PART OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, T- 16- N, R-30-W, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF FAYETTE VILLE, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE N890 53 ' 32"E A DISTANCE OF 159.55 ' TO POINT; THENCE S00°24' 35"E A DISTANCE OF 30' TO A POINT ON THE SOUTH RIGHT-OF-W AY OF MT. COMFORT ROAD AND THE TRUE POINT OF BEGINNING; THENCE N89°5332"E ALONG THE SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 48.55 ' TO A POINT; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S0001 I `47W A DISTANCE OF 246.54' TO AN IRON PIN; THENCE N89054'25"E A DISTANCE OF 122.76 TO A POINT; THENCE 00° 14'09"E A DISTANCE OF 1040.69 TO AN IRON PIN; THENCE S89°2439'W A DISTANCE OF 329.79' TO AN IRON PIPE; THENCE N00° 1219W A DISTANCE OF 1041 .84' TO AN IRON PIN; THENCE N88°59'23"E A DISTANCE OF 160.55 ' TO AN IRON PIN; THENCE N00024'385'W A DISTANCE OF 245 .66' TO THE POINT OF BEGINNING. HAVING AN AREA OF 354962.6 SQUARE FEET OR 8. 15 ACRES MORE OR LESS. SUBJECT TO ALL EXISTING EASEMENTS, RIGHT-OF-WAYS, RESTRICTIONS AND ALL OTHER ENCUMBRANCES, BOTH PUBLIC AND PRIVATE. TRACT #3 A 0.51 ACRE PART OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, T- 16- N, R-30-W, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SAID 10 ACRE TRACT, AND RUNNING THENCE S88037'23"E A DISTANCE OF 78.70' ; THENCE S00057' 30" W 276.44' ; THENCE N88037'23"W 80.66' ; THENCE NOI° 14' 20"E 276.44' TO THE POINT OF BEGINNING, CONTAINING 0.51 ACRES MORE OR LESS. LESS AND EXCEPT THAT PART OF THE NORTH END EMBRACED IN MT. COMFORT ROAD. SUBJECT TO ALL. EXISTING EASEMENTS, RIGHT-OF-WAYS, RESTRICTIONS AND ALL OTHER ENCUMBRANCES. BOTH PUBLIC AND PRIVATE. Washington County, AR I certify this instrument was filed on 11/10/2005 01 :05:21 PM and recorded in Real Estate Pile Number 2005-00050774 Bette Stamps - Circuit Cler by i' . City of Fayetteville Staff Review Form City Council Agenda Items q 763 or ContractszN D 5 q 20-Sep-05 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required : RZN 05- 1649: (NORTH STREET CHURCH OF CHRIST, 362): Submitted by Hight-Jackson Associates P.A. for property located at Mt.Comfort Road. The property is zoned RSF-4, Residential Single Family, 4 units per acre, and contains approximately 16.61 acres. The request is to rezone the subject property to P- 1 , Institutional. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Z L62 Previous Ordinance or Resolution # n/a Department 0irdab-ir Date Original Contract Date: n/a G Original Contract Number: n/a 1 � 2� Or City A Received in City Clerk's Office E TERED A*U . 2 -0� Financeland Internal Service Director Date Received in Mayor's Office FJITEREU Mayor Date Comments: • City Council MeetinlPf September 20, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operation From: Jeremy C. Pate, Director of Current Planning Date: August 30, 2005 Subject: Rezoning for North Street Church of Christ (RZN 05- 1649) RECOMMENDATION The Planning Commission voted to recommend approval of the subject rezoning request rezoning approximately 16.61 acres of property from RSF-4, Residential Single-Family Four Units Per Acre, to P- 1 , Institutional. BACKGROUND The subject property contains 16.61 -acres and is owned by North Street Church of Christ. It is located on the south side of Mount Comfort Road east of the future Salem Road. The site is surrounded by single-family homes along Mount Comfort Road and undeveloped land. The applicant intends to develop this property for a church serving approximately 600-800 people at full build-out. A Conditional Use Permit was approved by the Planning Commission on February 14, 2005 to allow a church use on the site, however, the church would like to have a monument sign and any freestanding signs are prohibited in the RSF-4 zoning district. The applicant requests a rezoning of the subject property from RSF-4 to P- 1 , the allowable zoning for a church (Use Unit 4) that would also allow for a monument sign. Staff recommends approval of this rezoning request based on findings stated herein. The development of this property for a church will be compatible with the existing and planned residential development surrounding the property and in the Mount Comfort Road vicinity. DISCUSSION This item was heard at the regular Planning Commission on August 22, 2005 . The Planning Commission voted 6-0-0 to recommend this rezoning request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1649 FOR APPROXIMATELY 16.61 ACRES LOCATED AT MT. COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single/Fami� 4 units per acre to P= 1; Institutional, as shown on Exhibit"X!' Attached hereto and made a part hereof. Section 2: That the official zc ng map of th\ty.oSFayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section/l above. PASSED and APPROVED thin // day of , 2005. APPROVED: By: DAN COODY, Mayor ATTEST- By: TTEST By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1649 TRACT #1 A 7.95 ACRE PART OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, T- 16-N, R-30-W, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THEN0EN89053132" A DISTANCE OF 329.08 ' TO POINT; THENCE S00° 14'09"E ADISTANCE OF 264.66 TO A SET IRON PIN AND THE TRUE POINT OF BEGINNING\THENCE N89053 ' 32"E A DISTANCE OF 329.22' TO AN IRON PIN; THENCE S00° 16'00' E A DISTANCE OF 1049.83 ' TO AN IRON PIN; THENCE. 589�24' 39"WDA DISTANCE OF 329.79' TO AN IRON PIN; THENCE N00° 14% 09"W A DISTANCE'OF� 1052.60' TO AN IRON PIN AT THE POINT OF BEGINNING.HAVING AN AREA OF 346377.6 SQUARE FEET OR 7.95 ACRES-MORE OR LESS. v THIS PROPERTY IS SERVED BY A 25 ' WIDE INGRESS EGRESS AND UTILITY EASEMENT AS SHOWN ON DEED/#97034187 IN THE WASHINGTON COUNTY CIRCUIT CLERKS OFFICE. SUBJECT'TO ALL EXISTING EASEMENTS, RIGHT- OF-WAYS, RESTRICTIONS AND ALL-OTHER ENCUMBRANCES, BOTH PUBLIC AND PRIVATE. TRACT #2 A 8. 15 ACRE PART OF'THE WEST HALF\OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, T- 16- N, R-30-W, OF THE FIFTH PRINCIPAL-MERIDIAN, IN THE CITY OF FAYETTE VILLE, WASHINGTON-COUNTY ARKANSAS, BEING MORE PARTICULA LRLR Y'DESCRIBED,AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST\QUARTER OF SAID SECTION 6; THENCE N89°53 '32"E A DISTANCE OF 159.55 ' TO POINT; THENCE S00024' 35' E A DISTANCE OF 30' TO A POINTNON�THE SOUTH RIGHT-OF-W AY OF MT. COMFORT ROAD AND THE TRUE POINT OF BEGINNING; THENCE N89°53 ' 32"E ALONG THE SAID SOUTH RIGHT-OF-WAY A;DISTANCE OF 48.55 ' TO A POINT; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S00° 11 `47W A DISTANCE OF 246.54' TO AN IRON PIN; THENCE N89054'25"E A DISTANCE OF 122.76 TO A POINT; THENCE 00014'09"E A DISTANCE OF 1040.69' TO AN IRON PIN; THENCE S89°24' 39"W A DISTANCE OF 329.79' TO AN IRON PIPE; THENCE N00° 12' 19"W A DISTANCE OF 1041 .84' TO AN IRON PIN; THENCE N88059'23"E A DISTANCE OF 160.55 ' TO AN IRON PIN; THENCE N00°24' 38"W A DISTANCE OF 245 .66' TO THE POINT OF BEGINNING. HAVING AN AREA OF 354962.6 SQUARE FEET OR 8. 15 ACRES MORE OR LESS. SUBJECT TO ALL EXISTING EASEMENTS, RIGHT-OF-WAYS, RESTRICTIONS AND ALL OTHER ENCUMBRANCES, BOTH PUBLIC AND PRIVATE. TRACT #3 A 0.51 ACRE PART OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, T- 16- N, R-30-W, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE SAID 10 ACRE TRACT, AND RUNNING THENCE S88037'23"E A DISTANCE OF 78 .70' ; THENCE S00057130" W 276.44' ; THENCE N88037'23"W 80.66' ; THENCE-NO1 ° 14'20"E 276.44' TO THE POINT OF BEGINNING, CONTAINING 0.51%ACRES MORE OR LESS. LESS AND EXCEPT THAT PART OF THE NORTH'END EMBRACED IN MT. COMFORT ROAD. \\\ SUBJECT TO ALL EXISTING EASEMENTS, RIGHT-OF-WAYS RESTRICTIONS AND ALL OTHER ENCUMBRANCES, BOTH PUBLIC AND PRIVA \f \ • Saye V ei PC Meeting of August 22, 2005 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayeuevillc, AR 7270101 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU : Jeremy Pate, Director of Current Planning DATE: August 16, 2005 RZN 05-1649: RZN 05-1649: (NORTH STREET CHURCH OF CHRIST, 362) : Submitted by HIGHT-JACKSON ASSOC. P.A. for property located at MT. COMFORT ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 16.61 acres. The request is to rezone the subject property to P- 1 , Institutional. Property Owner: NORTH STREET CHURCH OF CHRIST Planner: ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. k PLANNING"COMMISSIONACTION��R uu•eda4ON Rfwa+ne. �. . f• �Q Approve Dated b� D'Denied' A a st -22,-2005 =Q CITY COUNCIL ACTION Required YES p rG Approved D Denied Dia et September 20 X2005 elst:,readme f re omniended) ; ° t BACKGROUND: Property Description: The subject property contains three parcels totaling 16.61 acres and is located on the south side of Mount Comfort Road east of the future Salem Road. The site is zoned RSF-4, Residential Single Family Four Units per Acre. The site is occupied by farmland, and is surrounded by single family homes along Mount Comfort Road and undeveloped land as depicted on Table 1 . K:IReports120051PC Reporis1118-12-05IRZN 05-1649 (North Street Church of Christ).doc Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single family homes RSF4, Res. Single Family — 4 units/acre South Greens ace deeded to City Parks RMF-24, Res. Multi-Family — 24 units/acre East Agricultural/vacant property RSF-4, Res. Single Family — 4 units/acre West A riculturaUvacant property RSF4 , Res. Single Family — 4 units/acre Background: A Conditional Use Permit to allow for a new church (Use Unit 4) on the site in the existing RSF-4 Zoning District was approved by the Planning Commission on February 14, 2005. Proposal: The applicant intends to utilize the property for a church serving approximately 600-800 people at full build-out. The church would include an auditorium, administrative offices, educational classrooms and multi-purpose facilities. A Conditional Use Permit was approved to allow a church use on the site, however, the church would like to have a monument sign and any freestanding signs are prohibited in the RSF-4 Zoning District. Therefore the applicant is proposing to re-zone the property to P- 1 , Institutional, the allowable zoning for a church (Use Unit 4) that would also allow for a monument sign. Recommendation: Staff recommends approval of the rezoning request. Granting a re-zone to P- 1 for these uses allowed within the P- 1 , Institutional, zoning district would be consistent with surrounding land uses that are in large part being developed for residential uses. The addition of a church in this area would be able to serve and be supported by the future population of the surrounding areas. Specific conditions for screening, landscaping, etc. will aid in diminishing the presence of the non- residential use in a residential area. Further Mount Comfort Road is dedicated as a minor arterial on the Master Street Plan, and is planned to support traffic that would be generated by the proposed church. The February 14, 2005 Planning Commission Staff report (attached) provides more details on traffic and other items addressed with the Conditional Use application. INFRASTRUCTURE : Streets: Access to the site is provided by Mount Comfort Road, a minor arterial, as identified in the Master Street Plan. Water: Public water is adjacent to the site. Water service will need to be extended within the property at the time of development. There are no long range improvements for the water system in this area. Sewer: Sanitary sewer is adjacent to the site along the north and the south ends of the property. Sewer service is in the process of being re-aligned to allow development of the property. A study of the downstream sewer system must be completed by the developer prior to submittal of construction plans. K.lRepoM120051PCReporuIO8-22-051RLV 05-1649 (North Street Church ofChrisr).doc 0 0 Fire: The Fayetteville Fire Department has reviewed the request and has estimated that the response time would be within acceptable limits of service delivery, estimated at four minutes from Fire Station No. 7. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services. LAND USE PLAN : The Future Land Use Plan designates this site for Residential uses. While not residential in use, rezoning this property to P- 1 , Institutional for use of a church is compatible with surrounding properties that are primarily residential and provides a support service to the surrounding, growing community. FINDINGS OF THE STAFF I . 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 rezoning is consistent with current land use planning objectives and policies and is compatible with adjacent properties in the same district. Surrounding properties are primarily residential in nature with some undeveloped area, and function within a residential district that has several churches along Mount Comfort Road. This area of Mount Comfort Road is indicated on the Future Land Use plan as residential. The proposed church would be compatible with the existing and future residential uses as it would serve and be supported by the future population of the surrounding areas. The proposed church would be best facilitated by a P-1 zoning, which would more accurately reflect the proposed use than the current RSF4 zoning. Additionally, P-1 zoning would also allow one free-standing sign. The church desires a freestanding sign within view of Mount Comfort Road as the proposed structures would be sited well south of the road. 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 justified in order to promote orderly and consistent development patterns. The General Plan 2020 identifies some Guiding Policies for Residential areas that are applicable to the proposed rezoning: 9.8.d Manage non-residential development within and adjoining residential neighborhoods to minimize nuisances. K:IReportsl20051PCReporfsIO8-22-051RZN 05-1649 (North Street Church ofChrist).doc The proposed use would be compatible to adjacent land uses and would encourage continued growth of this identified residential area. The proposed church use would serve the existing and future population of the surrounding areas and would not create a nuisance or adversely affect the public interest. 3 . A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Future development with the proposed zoning would potentially, at times of peak hours during church services, increase traffic accessing onto Mount Comfort Road more than allowed under the current RSF-4 zoning. Mount Comfort Road is a minor arterial roadway that has been prioritized for comprehensive improvements in the future by the City Street Committee. Depending on the timing of development, it is likely that staff would recommend typical street improvements in the form of an assessment for this development. With this standard requirement the project would not create additional traffic that would result in traffic danger or congestion. Additional review of cross- access to adjacent, vacant properties will also be evaluated. Police — It is the opinion of the Fayetteville Police department that an appreciable increase in traffic danger and congestion will not be created by this rezoning request. 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 substantially alter the population density in the area. Public service providers have responded accordingly: Police — This rezoning will not substantially alter the population density thereby undesirably increasing the load on police services. Fire — This rezoning would not adversely impact adequate response times for City Fire Department to this development. Engineering - Water: Public water is adjacent to the site. Water service will need to be extended within the property at the time of development. There are no long range improvements for the water system in this area. Sewer: The site has access to sanitary sewer. There is a large diameter sewer main as well as a large diameter force main along the northern property line. Sewer service will need to be extended within the property at the time of development. K:IReporlsl2005V'CReporLI08-22-05U?ZN 05-1649 (NorthStreet Church ofChrist).doc Streets: The site has access to Mount Comfort Road, a minor arterial. Construction of street improvements may be required, or an assessment for those improvements. Dedication of right-of-way per the City's Master Street Plan will be required. Cross -access or street connectivity will also be evaluated at the time of development. 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 (I) through (4) above why the proposed zoning is not desirable. Finding: N/A K:IReportsl20051PCReportsIO8-22-051R2N 05-1649 (North Street Church of Christ) .doc Fayetteville Unified Development Code Section 161.07 District Rsf-4, Residential Single -Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellings Units per acre 401 less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. Front Side Rear 25 ft. 8ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) K.lReports1200511'C Reportsl08-22-051RZN 05-1649 (North Street Church of Christ).doc L Fayetteville Unified Development Code Section 161.22 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility fadlities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 30 ft Front, if parking is allowed between the right -of- way and the building 50 ft. Side 20 ft. Side, when contiguous to a residential district 25 ft. Rear 25 ft. Rear, from center line of public alley 10 ft. (F) Height regulations. There shall be no maximum height limits in P -I Districts, provided, however, that any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 60 % of the total area of such lot. (Code 1965, App. A., An. 5(X1); Ord. No. 2603; Ord. No. 2603,2-19- 80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, § 160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31- 99) K. tReports120051PC Reports108-22-051RZN 05-1649 (North Street Church of Christ). doe NORTH STREET CHURCH OF CHRIST REZONE CORRESPONDENCE FROM CITY OF FAYETTEVILLE POLICE AND FIRE DEPARTMENT L] Fayetteville Fire Department MEMO To: Suzanne Morgan, Planning From: Chris Lynch, Fire Management Team Date: 08/15/03 Re: Zoning Review The following requests for annexation and/or rezoning are all within the acceptable limits of service delivery impact for the Fire Department. 1) R-PZD05-1610, East Square 2) R-PZD05-1635, the Falling Water subdivision request is currently considered in the upper threshold in relation to response times. That area is currently serviced by Fire Station #5. With the addition of Fire Station #3, the response times for this area will substantially improve. The service impact of this development will typically take eighteen months to occur. 3) RZN 05-1649, North St COC. 4) RZN 05-1650, Knight Cc: Jeremy Pate Andrew Garner Jesse Fulcher FAYEtIEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Monday, August 15, 2005 Jeremy Pate Director of Current Planning 125 W. Mountain Street Fayetteville, AR 72702 Dear Mr. Pate, • POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed RZN 051649: (North Street Church of Christ) submitted by Hight -Jackson Associates P.A. would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and congestion. It is the opinion of the Fayetteville Police Department this rezoning request will have a negligible impact on the population density and traffic congestion for that area. Sincerely, j. Lieutenant Rob Turberville Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT P.O. Box 1988 (DELNERIES ) POLICE: 100-A WEST ROCK STREET 72701 FAYETTEVILLE, ARKANSAS 72702-1988 JAIL: 149-A WEST ROCK STREET 72701 PHONE: 479-587-3555 FAX: 479-587-3522 NORTH STREET CHURCH OF CHRIST REZONE APPLICATION APPLICANT SUBMITTAL LETTER JULY 13, 2005 I HIGHT - JACKSON ASSOCIATES. PA ARCHITECT 5 AND PLANNERS July 13, 2005 Suzanne Morgan City of Fayetteville, Planning Office 125 West Mountain Street Fayetteville, AR 72701 Please find the follow responses to questions 6 and 7 on the attached Rezoning Application. 6a. The current owner is the North Street Church of Christ. No sales are pending on the proposed property. 6b. The property needs to be rezoned to prepare for the Large Scale Development design process and have proper zoning for a Religious Institution. 6c. The zoning and proposed use relate to existing land usage for adjacent properties along Mount Comfort Road because it is consistent with other Religious Institutions on nearby property. In addition, the building will sit well south of the roadway so as not to detract from the residential setting. Signage, lighting, parking and landscaping will be designed according to the proposed zoning. Furthermore, under conditional occupancy of the existing RSF-4 zoning the building would not be readily identifiable from the street without a monument sign. 6d. Water and sewer are available directly on or adjacent to the property with adequate size to accommodate the facility. 10 inch and 12 inch gravity sewer mains lie with the property line on the south side of the site and a 12 inch water main lies along the south side of Mount Comfort Road inside the north property line. 7a. The proposed zoning is consistent with existing land uses along Mount Comfort Road. Planing and Zoning Commission members encouraged the rezoning of this property at a previous Conditional Use Permit hearing for the same development. 7b. This rezoning is justified and will not adversely effect surrounding properties and will be needed to comply with current ordinances. 7c. The project will cause only slight traffic increases on a periodic basis due to meeting times. Meeting times will be scheduled in the future but are anticipated to be typical of a Religious Institution of this size and nature. 7d. Population densities will not be increased because the site will not be used for dwelling units and will increase the burden on public services in a minimal manner. Yost Uttice Box 745 Rogers, Arkansas 72757 5201 Village Parkway, Suite 300 Rogers, Arkansas 72758 phone - 479.464.4965 fax - 479.464.8324 Post Office Box 2053 Bentonville, Arkansas 72712 email - hjarch@hjarch.com website - www.hjarch.com i NORTH STREET CHURCH OF CHRIST CONDITIONAL USE PERMIT PLANNING DIVISION STAFF REPORT FEBRUARY 14, 2005 PLANNING COMMISSION MEETING PC Meeting of February 14, 2005 THE CITY OF FAYETTEVILLE. ARKANSAS 125 W. Mountain St. PLANNING DIVISION CORRESPONDENCE TelFayetteville AR 72701 ephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Leif Olson, Associate Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Interim Planning Director DATE: February 08, 2005 CUP 05-1369: Conditional Use (NORTH STREET CHURCH OF CHRIST): Submitted by HIGHT-JACKSON ASSOCIATES for property located at at 3225W. MT. COMFORT RD., WEST OF 1-540. The property is zoned RSF-4, RESIDENTIAL - SINGLE FAMILY 4/UNITS PER ACRE and contains approximately 16 acres. The request is to approve the development of a Church (Use Unit 4) in an RSF-4, Residential Single Family zoning district. Property Owner: DOCKERY/MIDDLETON Planner: LEIF OLSON RECOMMENDED MOTION: Staff recommends approval of the requested church use in the RSF-4 zoning district on the described property, subject to the following conditions: 1. Conditional Use approval shall not be construed to guarantee Large Scale Development approval. A Large Scale Development plan shall be submitted for Planning Commission approval of the proposed development and shall comply with all applicable provisions of the Unified Development Code including, but not limited to: tree preservation, minimum parking requirements, minimum buffering requirements, minimum landscape requirements, storm water detention, setbacks and bulk/area requirements. 2. The project shall conform to the setbacks and open space requirements of the RSF-4 zoning district, and to any other applicable development requirements. 3. A minimum of 70 feet of frontage shall be required along Mt. Comfort Rd. for this property to be developed as proposed, or a variance request granted by the Board of Adjustment. Staff recommends an additional twenty feet of frontage be obtained and adjusted onto the subject property, pursuant to City Code. 4. A property.Iine adjustment shall be approved by the Planning Division and filed with the County to merge the two deeded tracts of land proposed for K: IReportst2005tPC Reports102-14-051CUP 05-1369 (N. Street Church of Christ).doc this development. 5. All exterior lighting for the project shall be shielded, directed downward and away from adjacent properties. Light poles shall not exceed 20' in height, and only high pressure sodium lighting or energy equivalent shall be permitted. Lighting shall not be excessively bright or cause a glare that would be injurious to pedestrians, vehicles or adjacent property owners. 6. All trash dumpsters shall be enclosed on all sides, with access not visible from the street or adjacent properties. The enclosure shall be constructed of materials similar or identical to that of the primary structures, to ensure complimentary and compatible design. All roof- or ground -mounted utilities shall be screened from view utilizing materials that are compatible with and complimentary to the architecture of the building. 8. A detailed landscape plan shall be provided at the time of Large Scale Development review. In order to adequately screen the proposed non- residential use from surrounding RSF-4 properties, the applicant shall.install a minimum 12 -foot wide landscape buffer surrounding the development, to:.:.;• ; screen access drives, parking areas, detention areas, buildings, etc. This:.:• :::: buffer strip shall be entirely on the lot which is required to provide the biiffer=rir. strip, aind shall extend along the full length of the boundary separatingttlie. :. lot'from surrounding properties. The landscape buffer area shall consist of au a' r l ;n . combination of evergreen and deciduous trees and shrubs sufficient to screen:: : the use. The buffer strip shall be in addition to other parking lot and Large <. I1 Scale Development landscape requirements. 9. Based upon the intensity of use and traffic generation proposed at the'time of development, the applicant shall be responsible for a proportionate share of off -site street improvements to Mt. Comfort Road, the street most affected by the proposed use. Depending upon timing, staff may recommend typical street improvements to be made in the form of an assessment for this development, in order to assist in the comprehensive Mt. Comfort improvement plans. 10. Signage within the RSF-4 zoning district is highly limited. Freestanding or monument signs are not allowed. A limit of one (1) on -site wall sign not to exceed 16 square feet in display surface area is permitted. K. lReports120051PC Reportsl02-14-051CUP 05-1369 N. Street Church ofChristf doc PLANNING COMMISSION ACTION: Date: February 14, 2005 Comments: Required YES d Approved O Denied The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: K. IReports120051PC Reports102-14-051CUP 05-1369 (N. Street Church ofChrist).doc BACKGROUND: Property Description: The subject 16 -acre site is located east of the future Salem Rd. and south of Mt. Comfort Rd. The site is situated between Mt. Comfort Rd. on the north and Hamestring Creek on the south. It is zoned RSF-4, Residential Single Family 4 Units / Acre. Currently it is occupied by farmland, with single family homes along Mt. Comfort Road. The proposed site for this church is actually comprised of two separate deeded tracts of land with two separate owners. The eastern tract of land is owned by Middleton (7.95 acres) and was created as a tandem lot in 1988. As such, this tract is restricted to one single family dwelling unit, unless combined with another tract with adequate access and street frontage. This tract does not have frontage on Mt. Comfort Rd. and is only accessible through a 25' access easement. In order to develop this property as proposed, this tract will have to be merged with the parcel to the west. The tract of land located to the west is owned by Dockery (8.15 acres). Based on staff research, this tract was created prior to 1985, without City approval. The current property owners also own an adjacent parcel of land with 120 feet of frontage onto Mt. Comfort. According to city ordinance, paraphrased, if two lots with continuous frontage in single ownership each do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel, and no parcel shall be used or sold in a manner which diminishes compliance with lot width and area. Thus development of the subject parcel could not occur without a property line adjustment to obtain an additional 20 -feet of the smaller Dockery parcel or a variance approval by the Board of Adjustment.• • ?,- Proposal: The applicant is requesting approval for the use of a new church in the. RSF-4 zoning district, which requires a conditional use permit. Design of the actual structure has not yet occurred, though a conceptual site plan has been submitted for general review. The applicant proposes a church serving approximately 600-800 people at full build -out. The program calls for an auditorium, administrative offices, educational classrooms and multi -purpose facilities. The church has submitted anticipated hours of operation, which is a seven-day schedule with evening and morning services proposed. Detention to control stormwater runoff from the development is anticipated, as is screening of the use from adjacent neighborhoods and property. Parking: All parking is to be provided on -site; the City's parking regulations call for a minimum of 648 spaces to be provided, based on the amount of auditorium space proposed. With the conceptual plan submitted, the usable space will need to decrease in order to meet the parking ordinance requirements. Access: Access to the site is proposed in two locations on Mt. Comfort Rd. Based on the traffic generated from the church, two points of ingress/egress that meet city codes are required. These points of access are to be evaluated for sight distance, conformance to city specifications, design standards and location, at the time of development. Request: The applicant requests approval for the development of a church, Use Unit 4: KlReports120051PC Reports102-14-051 CUP 05-1369 (N. Street Church ofChrisi).doc Cultural and recreational facilities, within the RSF-4 zoning district. The proposed use is not permissible within the RSF-4 zoning district without conditional use approval. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family homes RSF-4, Res. Single Family —4 units/acre South Greenspace deeded to City Parks RMF-24, Res. Multi -Family — 24 units/acre East Agricultural/vacant property RSF-4, Res. Single Family — 4 units/acre West Agricultural/vacant property RSF-4, Res. Single Family — 4 units/acre GENERAL PLAN DESIGNATION: Residential § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of thischapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or ; 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use for a church within the RSF-4 zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. K:IReports20051PC Reports102-14-051CUP 05-1369 (N. Street Church of Christ).doc 0 0 Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under §161.07.B to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the conditional use will not adversely affect the public interest. Surrounding properties are in large part being developed for residential use. The addition of a church in this area will be able to serve and be supported by the future population of the surrounding areas. The public interest is not considered adversely affected by the presence of a church. Specific conditions for screening, landscaping, etc. will aid in diminishing the presence of the non-residential use in a residential area. (c.) The Planning Commission shall certify: (l.) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: The lot on which the use is proposed has 50 feet of frontage onto Mt. Comfort, plus the approximately 120 feet with the adjacent lot that is considered a part of overall property, by ordinance. Unless a variance is granted by the Board of Adjustment, an additional 20 feet of property must be acquired for a Large Scale Development to be processed for this development. This allows for one point of access, K. lReports120051PC Reportsl02-14-051CUP 05-1369 (.. Street Church of Chris!) .doc which is proposed to have both left and right turn lanes. A second access point to Mt. Comfort Rd is proposed through a 25' access easement located on the eastern edge of the development. Two points of access are necessary for adequate traffic flow and control and access in case of fire or other emergency. Pedestrian access has not been addressed with the application materials provided by the developer. Offsite street improvements will be necessary on Mt. Comfort Road, based on the traffic impact imposed by the use proposed at the time of development. A church typically generates much more peak -time traffic flows, particularly at the times of evening and morning services. An approximate summation of peak hour flows has been calculated (see attached), resulting in an average 2 -way weekday traffic volume of 683 cars per day, equating to roughly 68 homes. Assessments for future improvements along Mt. Comfort are at this time being recommended, due to the City Street Committee's prioritization for comprehensive Mt. Comfort improvements in the near future. It is anticipated, depending upon the timing of development, that staff will recommend typical street improvements to be in the form of an assessment for this development. (b.) Off-street parking and loading areas where • required; with particular attention to ingress • and egress, economic, noise, glare, or odor • effects•ofthe special exception on adjoining properties and properties generally in the district; Finding: Off-street parking areas as proposed in the concept plan do not meet the City's minimum requirement for the number of spaces required. A minimum of 665 spaces would be required to serve the roughly 38,000 SF auditorium, if this entire space is considered, as indicated, as assembly area/auditorium. The applicant proposes 348 parking spaces at this time with another 140 spaces proposed in the future, for a total build out of 488 parking spaces. An additional 177 parking spaces would need to be constructed to meet the City's minimum parking requirements, should the numbers submitted on the site plan hold true. Site constraints such as parking, tree preservation areas, buffer areas, landscape islands, storm water detention, etc. greatly inhibit the potential development of this site for such a large auditorium. Staff is recommending approval of the church use, with the condition that the amount of square feet proposed be adequately served with appropriate parking as determined by city code, and all other ordinance requirements are fully met. A more fully developed site plan will be essential in order to determine the maximum K: lReportsl2005lPC ReportsIO2-/4-051CUP 05-1369 (N. Street Church of Chrisi).doc potential build -out for the proposed use, while complying with all other zoning and development regulations. Lighting for the parking lot shall be shielded, directed downward and away from adjacent properties. All parking lot fixtures shall utilize full cut-off sodium fixtures with a maximum height of 20 feet. (c.) Refuse and service areas, with particular reference to ingress and egress, and off- street parking and loading, Finding: The applicant has not addressed the issue of solid waste collection with this application. However, with Large Scale Development review of the project, Solid Waste will review the size, type and location of containers to ensure needs are adequately met. All trash dumpsters shall be enclosed on all sides, with access not visible from the street or adjacent properties. The enclosure shall be constructed of materials similar or identical to that of the primary structures, to ensure complimentary and compatible design. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities to serve the development will be reviewed at Technical Plat Review at the.time of development. All existing overhead electric/cable lines under 42 kv on the property shall be relocated underground. All new utilities shall be located underground. All roof - or ground -mounted utilities.shall be screened from view utilizing materials that are compatible with and complimentary to the architecture of the building. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: A detailed landscape plan shall be provided at the time of Large Scale Development review. In order to adequately screen the proposed non- residential use from surrounding RSF-4 properties, the applicant shall install a minimum 12 -foot wide landscape buffer surrounding the development, to screen access drives, parking areas, detention areas, buildings, etc. This buffer strip shall be entirely on the lot which is required to provide the buffer strip, and shall extend along the full length of the boundary separating the lot from surrounding properties. The landscape buffer area shall consist of a combination of evergreen and deciduous trees and shrubs sufficient to screen the use. The buffer strip shall be in addition to other parking lot and Large Scale Development landscape requirements. K:IReporrs120051PC Reports102-/4-051CUP 05-1369 (N. Street Church of Chrrslj.doc • 0 (f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Signage within the RSF-4 zoning district is highly limited. Freestanding or monument signs are not allowed. A limit of one (1) on -site wall sign not to exceed 16 square feet in display surface area is permitted. Specific conditions regarding exterior lighting have been identified to prohibit excessively bright or glaring light that would be injurious to pedestrians, vehicles or adjacent property owners. (g.) Required setbacks and other open space; and Finding: The project shall conform to the setbacks and open space requirements of the RSF-4 zoning district, and to any other applicable development requirements. (h.) General compatibility with adjacent properties and other property in the district. Finding: Theproposed'ehurch is compatible with adjacent residential properties.. addtother`property in the district and will serve the surrounding residential properties. K:1Reporis120051PC ReportsIO2-14-051CUP 05-1369 (N. Siren Church of Chris:) .doc From Chapter 161 Zoning Regulations Fayetteville Unified Development Code 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A)Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Un l;4 ;CuItual and reci:eatlonal facciIities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities iy .. :Single-family Two-family „r S•, .`'..: dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Lot minimum width S 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwellin unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. Front Side Rear 25 ft. aft. 201t. (F) Height. None. K. 1Reports120051PC Reports 102-14-051CUP 05-1369 (N. Street Church ofChrisi).doc Su of Trip Generation Calculation For 38 Th.Gr.Sq. Ft. of Church February 09, 2005 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 9.11 7.20 1.00 346 7-9 AM Peak Hour Enter 0.39 0.00 1.00 15 7-9 AM Peak Hour Exit 0.33 0.00 1.00 13 7-9 AM Peak Hour Total 0.72 1.88 1.00 27 4-6 PM Peak Hour Enter 0.36 0.00 1.00 14 4-6 PM Peak Hour Exit 0.30 0.00 1.00 11 4-6 PM Peak Hour Total 0.66 1.01 1.00 25 Saturday 2 -Way Volume 9.70 15.56 1.00 369 Saturday Peak Hour Enter 2.40 0.00 1.00 91 Saturday Peak Hour Exit 0.85 0.00 1.00 32 Saturday Peak Hour Total 3.25 6.39 1.00 124 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS ' S ) I A 5 s : l .a. t. �. • 1 , •_i � . j 1 r I , 4. W - r 1 ,, r 1i " I q ^ i Y I L2 I 1_ Yl _ _111a ,vv .4 r alv �..Y.v v � y„�$ 47 ,..' v nr 100 O I , fii.' 'a 1 y,♦„ ,yam A041NLS7RA "�''�61 ' - WLhPURPOSE"L7,200 S.F. �', _ 'cam, 217-0 ' ... EDUCA710N AUpROAIU61'-'. 1 lro SEAT 700800 : _.... 5.600 S.F. - , .... "t I I ___ _ -- j U 11 -:?j J _ U U' U U 1 48 1 1.70/ _ . y aN .. ♦ ff _ _ January 5, 2005 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 HIGHT - JACKSON ASSOCIATES. PA ARCHITECTS AND PLANNER 5 Ref: North Street Church of Christ Application for Conditional Use Permit Mount Comfort Road Architect's Comments. The enclosed site plan is intended to convey to the Fayetteville Planning Department the Owner's long term needs and intended use for this property. It shows the approximate location of the building and the size when all planned phases have been completed. The need to control storm water run off is anticipated and the general area of detention has been depicted. Engineering studies will be conducted and submitted for approval at the appropriate time. The screening of all parking areas from neighboring properties is to be accomplished through the use of shrubs, trees, and landscaping berms. Islands within the parking areas will have plantings as well. A full landscape plan meeting the requirements of the City of Fayetteville will be submitted for review at the appropriate time. The parking lot and area lighting will be limited to 20' poles and all lighting directed in a downward direction to keep "spillover" into the neighboring areas to a minimum. Parking spaces will be phased as the congregation grows to the ultimate 600 in planned attendance and has additional area if needed. Exit onto Mount Comfort Road will be from the two access points shown, with the main entrance (west) having three lanes with left and right turn lanes as depicted. on the drawing. While the actual structure(s) has not been designed at this time, it is our client's intent to have a permanent presence at this location. Over a period of time they will relocate the entire church plant from its present location to this site. The envisioned buildings will be conventional masonry and steel construction and will have an exterior appearance that will meet the guidelines set forth by the City of Fayetteville. •vp. _,,,Lc VVA F Rogers, Arkansas 72757 Post Office Box 2053 Bentonville, Arkansas 72712 5201 Village Parkway, Suite 300 Rogers, Arkansas 72758 phone - 479.464.4965 fax - 479.464.8324 email - hjarch®hjarch.com website - www.hjarch.com Please accept this information as part of your review on behalf of our client. Our client is also submitting information concerning this application. Your earliest decision is critically important to our client in meeting the demands of the sellers in.a time frame they have been given. Very t tIy yours, Gary W. JacksMn HIGHT. JACKSON. ASSOCIATES. PA GWJ: jw Cc: Mark Mahaffey Chris King Ashely Tucker file VA El:!/Y%�i O VA�/�GFJIi 764 W. North Street Fayetteville, Arkansas 72701 (479) 442-9171 January 5, 2005 To: City of Planning Office Re: Conditional Use Application This letter serves as information requested by the City of Fayetteville, Arkansas Planning Office. The North Street Church of Christ (Fayetteville, Arkansas) is requesting a Conditional Use Permit for land located on Mt. Comfort Road to be the site of a new church facility. The current address to the property is 3225 W. Mt. Comfort Road, Fayetteville, Arkansas 72704, which is owned by J.R. Dockery. The Dockery's also own the west 8.67 acre parcel of which this conditional use pertains. The intended use of the 2 parcels is for a church facility. The hours of anticipated operations would be as follows: o Sundays 8:00 a.m.through 7:30 p.m. o Morning and evening services with approximately 600 in attendance at morning service and approximately 300 in attendance at the evening service with smaller activities during the day. o Monday through Friday would require a normal business day of 9:00 a.m. to 5:00 p.m. with approximately 8 staff members present. o We would also anticipate a Benevolent Ministry that would meet Tuesday (9:00 a.m. till noon) and Thursdays (1:00 p.m. till 3:30 p.m.) with approximately 35 in total attendance. o Wednesday evening service would occur between 6:30 to 8:00 p.m. with approximately 250 in attendance. Summ of Trip Generation Calculation For 75 Th.Gr.Sq. Ft. of Church k Aac e-4 February 07, 2005 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 9.71 7.20 1.00 6 7-9 AM Peak Hour Enter 0.39 0.00 1.00 29 7-9 AM Peak Hour Exit 0.33 0.00 1.00 25 7-9 AM Peak Hour Total 0.72 1.88 1.00 54 4-6 PM Peak Hour Enter 0.36 0.00 1.00 27 4-6 PM Peak Hour Exit 0.30 0.00 1.00 23 4-6 PM Peak Hour Total 0.66 1.01 1.00 50 Saturday 2 -Way Volume 9.70 15.56 1.00 728 Saturday Peak Hour Enter 2.40 0.00 1.00 180 Saturday Peak Hour Exit 0.85 0.00 1.00 64 Saturday Peak Hour Total 3.25 6.39 1.00 244 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 764 W. North Street Fayetteville, Arkansas 72701 (479) 442-9171 The current zoning is RSF-4 and requires a 75 foot minimum street frontage. We consider this requirement a non -issue since the current property was split off many years ago so that we are not now creating a new lot. The current 50 foot wide frontage will serve more than adequate as an entrance/exit drive to the new facility site. We cannot at this time acquire any additional property along Mt. Comfort Road but do not intend to add to the current owned 50 foot width. Traffic impact will be minimal due to the times of service and the small office required. Respectfully Submitted, Buildin Committee North Street Church of Christ Mark Mahaffey C"P05-'369 NORTH ST. CHURCH OF CHRIS e One MllView uvli °:J(.,UI '}'-�TnL , Ei M1e rt �— _...F \ J_ + _. Ut J. of Y I.v y,I% E Y_ r!Jyt SUBJECT PROPERTY RA P-1 RA RA RW4 RA! i4 Na • C-2 _.-.._ RO , ' RO R- _. I --7 I e iOI GI 4'1 GY ,r' GI ^yo RO of GI. of GI _ I - -_ .,- �,a Ri11 ` ! R-0 _� j tZ I n Gl A I 1 1 IRO P A.^ 12 ! I 1 i QI RSr- RPW Overview Legend Boundary Master Street Plan -- Subject Property -- --• -_ '�- ' `w Planning Area Master Street Plan ❑ CUP05-1969 9000q ® Freeway/Expressway ucoon$ Overlay District Principal Arterial Outside City ® Mn«Arterial Cdledor • er a 'I -stoic CcJedor ®•10.20.30.4 Miles NORTH STREET CHURCH OF CHRIST REZONE REGIONAL AND VICINITY MAPS S. RZNO5-1649 NORTH STREET CHURCH OF CHRIST One Mile View HOGHMDVNTRD jJ, -r" of RSF : - :.' : n QERLY IN __.._._._� w W w1u .♦ � RSFJ T�_il R3�¢CR�Y�T' R� ♦a _._� :f_..._ t - _ 1�1ryCn�1 RI RSF4 RSF-1 RSF-4 1 RA Ir 3 J n� - r!!!TF�TZ ,..,RSF-1 1 1 1i -_yj-/; I Yi RI DR RA \ ^awn-:.•irMQD�' j/ / SUBJECT PROPERTY a,'R�z4 ,c� / / I �/ ,I 3r ill ci i3 IJ aA ' 3¢. UNL 0. ;_. Rr ��': MIL R r o' __ L.._o�i/ y S, t'I 1 �y •'�� � l /'!YZ : z tea- � �f�� L `u.._�.� J i RSF� �r+sR21.�J 1 li r iRM1F-h.R�i4���N..,,yy�''•� R. i Qg2P p `a - R`#I 4�r RT 121 a�Y2 -Fj�, ♦� �{/�.e>70 / 1 ¢ d'� 11... ' RT l2�T l'J�Y\RI.F3# \lFi Fw ` NK �-� •+m II RTTi �\ yY <� /� / RA ¢I I lIT f2 ATi�la Y. �:. i �♦' -`fir dfia-.-._ l$ ...-.-. � I I........ Rr.+re- Ili• i Iq 1 RAJ S'•pi i`{l• Vle ' t I_.1-1 1 yr_ _ _ I j�r �+ ii-. �, �' 1♦' �1 r±RSF� l o. -� # RAi 1 1 i _{ r rr a I lr ♦ l r y♦ 11 j� RAS 21 r Tf��2771 _ I_\Llli ^.. ♦ 1211 HT -1•( ,ry�� Y� Ililljll RSF� `T { 1 • L11/ /RAF34 �'�� nC I i ♦c 'i I- '4 yy}�� RA F RA ��r a-, Opt I /� /¢ ' �• 2RSFJ <T1:9Yr'a G2. -O it I III h ! Op4 r I^ {��- YYYH""OLLY Sr t �[[['''���s• A G2 I ._ Rd ¢ 21` ♦ wi. {—acz e r 1 `�O P R24 r 1 1 R -O -, ♦ l._C 1 1 R -O WEDINGT I GI Id >�` -r r-. G,' 1F1 - iVAL E T♦ 1- '.L.L Gf 4 1 ROI..-RO Gt' Gt l I Gl _A_ L ! it( G C1 i -may! �` t }I'�` 1 IRSF4 RSfy 1 T— SFd.. T,RSF� 1 #�,R GI RA �- ""Y r' Rr 1 RA 33� 1 R -O IRA 1 RO f _ 1: - Oi l Me l C-- RO h RPZD i , ' L R- ` / . L ME. 1 1 i�-j R5F:I.i1 tE RSFA j a L -/1'a 1 1 (14 I c �� RSFA .L�y'i.� l III rr\Ol 11 RAi.z4 I Rt]4 TIRf,N rtq' /i r. 1 �Y 1 IRSFa Overview Legend Boundary Master Street Plan Subject Property .1u, planning Area Master Street Plan O RZN05-1649 ,0000g Freeway/Expressway � �ouco°OYRday District ,____ Pnnoipal Arterial Outside City ® Minor Arterial f- "c Collector ---= a ee a Historic Cdlector 00.126.25 0.5 0.75 1 Miles RZN05-1649 NORTH STREET CHURCH OF CHRIST Close Up View III o11 R -A RSF:1 0 a' SUBJECT PROPERTY asFJ R.J © 0 IOUM COMFORT RD MOUNT COMFORT RD MOUNT COMFORT RD " ZONE X RTF4 N r A ZONEX RT.12 4 90 RMF-2J w y MARIGOLD DR A I ® ® I Legend �OOo p Okay 0isticl s FMdpal Mad al FLOOOWAY — 500 YEAR Matz Seaet Plan MnorNwlal 100 YEAR --- UNIT OF STUDY Maatw Sbeat Plan — — CaIertor — — - Baseline PmMa Free"ay/E'p'essway eeae '°°'°' O Fayetteville 0 at: city RV5.l849 0 l00 200 400 600 800 From: Clarice Pearman To: Pate, Jeremy Date: 9/28/05 4:24PM Subject: Ords. 4762, 4763 & 4766 Jeremy attached are the above reference ordinances passed by City Council September 20, 2005. Sorry it has taken so long. I was out of the office until Friday for clerk's conference and then I have to wait on ordinances and resolutions from the city attorney's office on Friday. Imagine that. Thanks for your patience. CC: GIS "Nortkwest Arkcuuas' Most wt',dely Read Newspaper" AFFIDAVIT OF PUBLICATION I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from .my own personal .knowledge and reference to the files of said publication, that advertisement of: Ou1e1w.12&o L/'7/was inserted in the regular editions on ,Z frys PO# ** Publication Charge: $ Subscribed and sworn to before me this day of , 2005. Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of op My n Expires October 18, 2014 *" Please do not pay from Affidavit. An invoice will be sent. P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 • 0 IANCE REZONING THAT PROPERTY IN REZONING PETITION RZN 05-1849 )XIMATELY 9.1 ACRES LOCATED AT MT. ROAD FROM RSF-4, RESIDENTIAL SIN - Y. 4 UNITS PER ACRE TO P-1, INSTLTJ- R ORDAINED BY THE CITY COUNCIL OP THE CITY OF FAYETTEVILLE, ARKANSAS: Ion 1: That the zone classification of the following described property is hereby changed as fellows: n RSF4, Re ttlenbal Single Fern, 4 Lints per acre to P-1. InsUtu or6N. e9 sllv+m on EdJdt'A* died hereto and made a part hereof. Ilan 2: That the official zoning mop of the Oty of Fayetteville, Manses is hereby amended to reflect zoning change pro'ded in Section 1 above. ISED and APPROVED INS 20th day of Septenner, 2005. I� DAN GOODY Meyer ATTEST S City CN4t By: SMITH, at : )T #1 5 ACRE PART OF THE EAST HALF OF THE WEST HALF OF THE NORTHEAST OUTER OF THE RAYEST QUARTER OF SECTION 6. T -18-N, R -30-W, OF THE RFTH PRINCIPAL MERIDIAN, IN CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULARLY )RIBED AS FOLLOWS: I l NNING AT THE NORTHWEST NORTHEAST CORNER OF THE QUARTER OF THE SOUTHWEST RTER OF. SAID SECTION 6; THENCE N89 -53'32 A DISTANCE OF 329.0610 POINT; THENCE 14'09'E A DISTANCE OF 264.66 TO A SET IRON. PIN AND THE TRUE POINT OF BEGINNING: ICE N89.5332'E A DISTANCE OF 329.22' TO AN IRON PIN; THENCE S00.16'00'E A DISTANCE 049.63' TO AN IRON PIN; THENCE 589'2439W A DISTANCE OF 329.79' TO AN IRON RN; ICE N00'14'09W A DISTANCE OF 1052.60' TO AN IRON PIN AT THE POINT OF NNING.HAVING AN AREAOF 346377.6 SQUARE FEET OR 7.95 ACRES MORE OR LESS. THIS 'ERTY IS SERVED BY A 25' WIDE INGRESS EGRESS AND UTILITY EASEMENT AS SHOWN ON *97034187 IN THE WASHINGTON COUNTY CIRCUIT CLERKS OFRCE. IFCT TO ALL E)OSTNG EASEMENTS. RIGHT-OF-WAYS, RESTRICTIONS AND ALL OTHER ENCUMBRANCES, BOTH PUBLIC AND PRIVATE TRACT*2 A 8.15 ACRE PART OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, T- 16-N. R -30-W, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF FAYETTE MLLE, WASHINGTON COUNTY ARKANSAS, BEING MORE PARTICULAR- LY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6; THENCE N89' 53'32-E A DISTANCE OF 159.55' TO POINT; THENCE S00'24'35'E A DISTANCE OF 30' TO A POINT ON THE SOUTH RIGHT -OF -W AY OF ML COMFORT ROAD AND THE TRUE POINT OF BEGINNING; THENCE N89'5332'E ALONG THE SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 48.55' TO A POINT; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S00'11 47W A DISTANCE OF 246.54' TO AN IRON PIN; THENCE N89°54'2SE A DISTANCE OF 122.76 TO A POINT; THENCE 00°14.09-E A DISTANCE OF 1040.69 TO AN IRON PIN; THENCE S8902439W A DISTANCE OF 329.79' TO AN IRON APE; THENCE NOD' 1219W A DISTANCE OF 1041.84' TO AN IRON PIN; THENCE N88°59'23'E A DISTANCE OF 160.55' TO AN IRON PIN; THENCE NO0'24'38'W A DISTANCE OF 245.66' TO THE POINT OF BEGINNING. HAVING AN AREA OF 354982.6 SQUARE FEET OR 8.15 ACRES MORE OR LESS. SUBJECT TO ALL BaSTNG EASEMENTS. RIGHT-OF-WAYS. RESTRICTIONS AND ALL OTHER ENCUMBRANCES, BOTH PUBLC AND PRIVATE. TRACT 43 A 0.51 ACRE PART OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF BEING MORE OF THE SAID 10 ACRE TRACT, AND RUNNING THENCE I :E S00°57'30' W 270.44'; THENCE N88°3T23'W 60.88'; T OF BEGINNING, CONTAINING 0.51 ACRES MORE OR THE NORTH END EMBRACED IN Mi. COMFORT ROAD. i, RIGHT-OF-WAYS, RESTRICTIONS AND ALL OTHER FVBUC ORDINANCE NO. 4763 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05-1649 FOR APPROXIMATELY 9.1 ACRES LOCATED AT MT. COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO P -I, 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 RSF-4, Residential Single Family, 4 units per acre to P-1, Institutional, as shown on 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 20th day of September, 2005. APPROVED: G" ti- -02 . F : By: • :FAYETTEVILLE: 12 a ATTEST: By: Ati1.Ng SONDRA SMITH, City Clerk DAN COODY, IIIIIMIIIIIff IN 11111lOllIJIX11111111IIIO11W11W111111111 Doc ID: 009328860003 Tvice: REL Recorded: 11/10/2005 at 01:05:21 PM Fee Amt: $14.00 Paae I of 3 Washinaton County. AR Bette Stamps Circuit Clerk File2005-00050774