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HomeMy WebLinkAboutOrdinance 5075 Doc ID : 011638120006 TVD* : REL Recorded : 12/17/2007 at 11 : 24 : 28 AM Fee Amt : $40 . 00 Paoe 1 of 6 Mashlnoton Countv . AR Bette Stamoe Circuit Clerk F11e2007-00045812 ORDINANCE NO, 5075 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 07-2726 THE SUNSHINE HOUSE, LOCATED AT 2460 NORTH OLD WIRE ROAD, CONTAINING APPROXIMATELY 1 .95 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. 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 C-PZD 07-2726 The Sunshine House as shown in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby.,,, ,,,,,, amended to reflect the zoning change provided in Section I above. , RK/T . S '', PASSED and APPROVED this 6a' day of November, 2007. ; FAYETTEVILLE ; APPROV ATTEST: ". r�. ,� 5 KAN` p JoQ ' J?� [lI -�4— l�C 'GTGN By: By: : „ : ` DAN COODY, ayor SONDRA E. SMITH, City Clerk/Treasurer A EXHIBIT "B" C-PZD 07-2726 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN WHICH IS N01025102"E 207.00' FROM A POINT, LOCATED AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S89045 ' 15"W 240.91 ' TO A FOUND IRON PIN, THENCE S 110001 1455W 125.42' TO A FOUND IRON PIN, THENCE N440411249W 103 .37' TO A FOUND IRON PIN, THENCE N55002'0615W 78.88' TO A FOUND IRON PIN, LOCATED ON THE SOUTH RIGHT-OF-WAY OF OLD WIRE ROAD, THENCE ALONG SAID ROAD RIGHT-OF-WAY N42°55 ' 13"E 168.51 ' TO A FOUND PIN, N51 °06'07"E 380.67' TO A FOUND IRON PIN, THENCE LEAVING SAID ROAD RIGHT- OF-WAY SOI 025102"W 357.09' TO THE POINT OF BEGINNING. CONTAINING IN ALL 1 .95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 1 of 3 Conditions of approval associated with R-PZD 07-2726 (Sunshine House): 1 . Determination of street improvements. Based on the vehicular and pedestrian traffic generated from this development with a future maximum of 60 children and 30 employees, staff recommends the following street improvements: a. Street Improvements: Planning and Engineering Staff have evaluated the overall traffic impact that would occur as a result of the proposed Commercial Planned Zoning District use of this site for a daycare facility. The current request would allow up to 40 children (plus the ratio of required employees) at the facility, with up to a maximum of 60 children in the future phases. Based upon ITE trip generation numbers, a 40-child daycare facility will generate approximately 181 24-hour, two- way vehicle trips; a facility with 60 children will generate approximately 271 vehicle trips per day. Staff has compared the traffic volume generated by the proposed use (excluding the assumed 10 trips per day generated by the existing single family house) to the design service volume of Old Wire Road, at 6,000 vehicles per day (VPD). This ratio is then assigned a cost of the required street improvements (widening the street, curb, gutter, sidewalk, etc.). Staff is recommending, based on the applied conservative rational nexus calculation, that with the initial 40-child facility, the applicant must contribute $ 10,561 .40, prior to Certificate of Zoning Compliance and Occupancy for the first phase of development utilizing the square footage of the existing building, a new 11 -space parking lot, and a maximum of 40 children. Should the facility be expanded to the maximum 60 children, the total shall be $ 16, 120.00 ($5,558.60 in addition to the previous amount). A memo indicating the calculation is attached. b. Future Phases. If the building and 11 -space parking lot expands, or the permit is changed to accommodate greater than 40 children, the project will be required to go through Large Scale Development review. Additional assessments for street improvements will be evaluated and will likely require an additional assessment. The rational nexus calculation currently presented anticipates an additional $5,558.60 for the addition of 20 children, for a grand total of 1 12 .00 for a 60-child daycare facility. City Council determined in favor. 2. Right-of-way dedication in the amount of 35 feet from centerline along Old Wire Road prior to issuance of permits to construct the new parking lot. This may be dedicated by easement plat or separate document. 3 . Approval of this C-PZD grants approval for a new 11 -space parking lot and 1 ,809 square foot fenced play area on the property as indicated on the Master Development Plan plat. This initial phase of development grants approval for a daycare to be operated out of the existing square footage of the building with a maximum of 40 children, or the number approved by the State licensing board, whichever is less. The new 11 -space parking lot shall be required to obtain parking lot and grading permits in accordance with Fayetteville Unified Development Code requirements for tree preservation, landscaping grading, and parking lot CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 2 of 3 design standards. 4. Any development on the property beyond the 11 -space parking lot, existing square footage of the house, or 40 children shall be required to go through Large Scale Development review and approval. Expansions on the property shall be limited to providing a child care facility with a maximum of 60 children, under the proposed C-PZD. 5 . Prior to issuance of Certificate of Occupancy, the daycare facility shall be inspected and approved by the Fayetteville Fire Department and all requirements of the State and National Fire Codes shall be met. Written verification from the Fire Department shall be provided to the Planning Division. 6. Any expansion of the residential structure on the property shall be reviewed by Planning staff to ensure that the architectural style is consistent and compatible with the existing house. 7. A maximum of 22 children are allowed at one time within the 1 ,809 sq. ft. outdoor play area. If the play area is expanded, then the maximum number of children allowed will be based on a minimum of 80 square feet per child. A revised site plan shall be submitted for approval prior to expansion of the play area. 8. A 25 ' greenspace buffer shall be maintained along property lines directly adjacent to single family residences. 9. All trash receptacle(s) utilized by this structure shall be stored within the structures on- site, or, if located outside, it shall be screened on all sides with access not visible from the street or adjacent properties. If a dumpster is required or proposed, screening shall be provided that is constructed of materials that are compatible with and complimentary to the building. Staff shall review the dumpster screen and materials prior to building permit. 10. A Certificate of Zoning Compliance shall be required prior to the start of operations of the child care facility. 11 . A Certificate of Zoning Compliance shall not be issued until: the necessary fencing has been installed and inspected to provide a minimum of 1 ,809 square feet of enclosed, outdoor play space, and the parking lot with a maximum of 11 spaces, sufficient for the number of children and employees approved by the State licensing board, has been constructed and inspected. 12. Prior to the issuance of a Certificate of Zoning Compliance the applicant shall provide a copy of an approved license from the Department of Health and Human Services for a child care facility. 13. Prior to issuance of a Certificate of Zoning Compliance or Occupancy a public sewer line must be extended to the property, the child care facility connected to City sewer service and the sewer service inspected and approved. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 3 of 3 14. As indicated in the proposed zoning criteria, signage shall be limited to one sign on the house or in the driveway to list the name of the business and hours of operation on a two-foot by two-foot wooden sign. The sign shall meet the required setbacks for freestanding signs in R- O zoning district from Chapter 174 of the Unified Development Code. 15 . The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 16. Prior to this item being placed on the City Council agenda, comments from the City GIS Division regarding the legal description and State Plane Coordinates shall be adequately addressed. 17. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). Washington County, AR I certify this instrument was filed on 12/17/2007 11 :24:28 AM and recorded in Real Estate File Number 2007-0004581 BetteStamps - Circuit le by City of Fayetteville 1116162 Staff Review Form �� � J City Council Agenda Items 5 or eI� 0? '� Contracts - PZ 6-Nov-07 h h I nt City Council Meeting Date Jeremy Pate °' Planning Operations Submitted By Division Department Action Required: C-PZD 07-2726: The Sunshine House Daycare, 292: Submitted by Greg and Angie Landers for property located at 2460 North Old Wire Road containing approximately 1 .95 acres. The request is for re-zoning and land use approval for a Commercial Planned Zoning District to allow a child care facility on the property. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name Na n/a Na Account Number Funds Used to Date Program / Project Category Name Na n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a (2 . 0'1 Department rector Date Original Contract Date: Na Original Contract Number: n/a City Attorney Received in Ci Clerk's Office i� Q rdv toIS -0 ? � Finance nd Internal Service Director Date Received in Mayor• to Mayor Date Comments: City Council Meeting of November 6, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: October 11 , 2007 Subject: Commercial Planned Zoning District for Sunshine House (C-PZD 07-2726) RECOMMENDATION Planning Staff and the Planning Commission recommend approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for Sunshine House, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a daycare facility on approximately 1 .95 acres located at 2460 Old Wire Road, approximately 200 feet north of Township Street. BACKGROUND The property contains approximately 1 .95 acres and is developed for one single family residence and accessory structure. The property is one lot to the north (approximately 200 . feet) from the busy intersection of Township Street and Old Wire Road. The large yard on the site is generally screened from public view with a large number of mature trees and underbrush on the perimeter property lines. The property has direct pedestrian access to Gulley Park, approximately 200 feet to the east. The property is directly adjacent to the Old Wire Church of Christ and is approximately 100 feet from a professional office being operated out of a residential structure (log cabin) at the intersection of Old Wire/Township. The other surrounding land uses are single family residential. The request is for rezoning and land use approval only for a Master Development Plan of a Commercial Planned Zoning District for daycare with a maximum of 60 children and 30 employees. As part of the initial start-up and first phase of the operation of the business, the existing approximately 3, 100 square foot house would be utilized for the child care facility with a maximum of 40 children, with appropriate safety features installed in the house and fire department inspections and approvals. The applicant has shown a new II -space parking lot in the front yard, and a fenced 1 ,809 square foot play area in the back yard. If the business grows outside of the current house, 1I -space parking lot as shown on the plat, or over 40 children, it would be required to go through Large Scale Development review. DISCUSSION On October 8, 2007 the Planning Commission voted 6-0-0 in favor of forwarding this request to the City Council. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 07-2726 THE SUNSHINE HOUSE, LOCATED AT 2460 NORTH OLD WIRE ROAD, CONTAINING APPROXIMATELY 1 .95 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. 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 C-PZD 07-2726 The Sunshine House as shown in Exhibit "A" and depicted in Exhibit `B" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "B" C-PZD 07-2726 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN WHICH IS NO 025102"E 207.00' FROM A POINT, LOCATED AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S89°45 ' 15"W 240.91 ' TO A FOUND IRON PIN, THENCE S 11000914"W 125.42' TO A FOUND IRON PIN, THENCE N44041124"W 103 .37' TO A FOUND IRON PIN, THENCE N5500290611W 78.88' TO A FOUND IRON PIN, LOCATED ON THE SOUTH RIGHT-OF-WAY OF OLD WIRE ROAD, THENCE ALONG SAID ROAD RIGHT-OF-WAY N42°55' 13"E 168.51 ' TO A FOUND PIN, N51 °06'07"E 380.67' TO A FOUND IRON PIN, THENCE LEAVING SAID ROAD RIGHT-OF-WAY SOI °25'02"W 357.09' TO THE POINT OF BEGINNING. CONTAINING IN ALL 1 .95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 1 of 3 Staff recommends the following conditions of approval associated with R-PZD 07-2726 (Sunshine House). 1 . Planning Commission determination of street improvements. Based on the vehicular and pedestrian traffic generated from this development with a future maximum of 60 children and 30 employees, staff recommends the following street improvements: a. Street Improvements: Planning and Engineering Staff have evaluated the overall traffic impact that would occur as a result of the proposed Commercial Planned Zoning District use of this site for a daycare facility. The current request would allow up to 40 children (plus the ratio of required employees) at the facility, with up to a maximum of 60 children in the future phases. Based upon ITE trip generation numbers, a 40-child daycare facility will generate approximately 181 24-hour, two- way vehicle trips; a facility with 60 children will generate approximately 271 vehicle trips per day. Staff has compared the traffic volume generated by the proposed use (excluding the assumed 10 trips per day generated by the existing single family house) to the design service volume of Old Wire Road, at 6,000 vehicles per day (VPD). This ratio is then assigned a cost of the required street improvements (widening the street, curb, gutter, sidewalk, etc.). Staff is recommending, based on the applied conservative rational nexus calculation, that with the initial 40-child facility, the applicant must contribute $ 10,561 .40, prior to Certificate of Zoning Compliance and Occupancy for the fust phase of development utilizing the square footage of the existing building, a new 11 -space parking lot, and a maximum of 40 children. Should the facility be expanded to the maximum 60 children, the total shall be $ 16, 120.00 ($59558.60 in addition to the previous amount). A memo indicating the calculation is attached. b. Future Phases. If the building and 11 -space parking lot expands, or the permit is changed to accommodate greater than 40 children, the project will be required to go through Large Scale Development review. Additional assessments for street improvements will be evaluated and will likely require an additional assessment. The rational nexus calculation currently presented anticipates an additional $5,558.60 for the addition of 20 children, for a grand total of $ 16. 120.00 for a 60-child daycare facility. 2. Right-of-way dedication in the amount of 35 feet from centerline along Old Wire Road prior to issuance of permits to construct the new parking lot. This may be dedicated by easement plat or separate document. 3 . Approval of this C-PZD grants approval for a new 11 -space parking lot and 1 ,809 square foot fenced play area on the property as indicated on the Master Development Plan plat. This initial phase of development grants approval for a daycare to be operated out of the existing square footage of the building with a maximum of 40 children, or the number approved by the State licensing board, whichever is less. The new 11 -space parking lot shall be required to obtain parking lot and grading permits in accordance with Fayetteville Unified Development Code requirements for tree preservation, landscaping grading, and parking lot design standards. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 2 of 3 4. Any development on the property beyond the 11 -space parking lot, existing square footage of the house, or 40 children shall be required to go through Large Scale Development review and approval. Expansions on the property shall be limited to providing a child care facility with a maximum of 60 children, under the proposed C-PZD. 5 . Prior to issuance of Certificate of Occupancy, the daycare facility shall be inspected and approved by the Fayetteville Fire Department and all requirements of the State and National Fire Codes shall be met. Written verification from the Fire Department shall be provided to the Planning Division. 6. Any expansion of the residential structure on the property shall be reviewed by Planning staff to ensure that the architectural style is consistent and compatible with the existing house. 7. A maximum of 22 children are allowed at one time within the 1 ,809 sq. ft. outdoor play area. If the play area is expanded, then the maximum number of children allowed will be based on a minimum of 80 square feet per child. A revised site plan shall be submitted for approval prior to expansion of the play area. 8. A 25 ' greenspace buffer shall be maintained along property lines directly adjacent to single family residences. 9. All trash receptacle(s) utilized by this structure shall be stored within the structures on- site, or, if located outside, it shall be screened on all sides with access not visible from the street or adjacent properties. If a dumpster is required or proposed, screening shall be provided that is constructed of materials that are compatible with and complimentary to the building. Staff shall review the dumpster screen and materials prior to building permit. 10. A Certificate of Zoning Compliance shall be required prior to the start of operations of the child care facility. 11 . A Certificate of Zoning Compliance shall not be issued until: the necessary fencing has been installed and inspected to provide a minimum of 1 ,809 square feet of enclosed, outdoor play space, and the parking lot with a maximum of i I spaces, sufficient for the number of children and employees approved by the State licensing board, has been constructed and inspected. 12. Prior to the issuance of a Certificate of Zoning Compliance the applicant shall provide a copy of an approved license from the Department of Health and Human Services for a child care facility. 13. Prior to issuance of a Certificate of Zoning Compliance or Occupancy a public sewer line must be extended to the property, the child care facility connected to City sewer service and the sewer service inspected and approved.