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