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Home My WebLink AboutOrdinance 5162 Doc ID : 012453050003 TVDe : REL Recorded : 08/25/2008 at 04 : 04 : 11 PM Fee Amt : $25 . 00 Pace I of 3 Mashinoton Countv . AR Bette Stamps Circuit Clerk File2008-00028233 ORDINANCE NO. 5162 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3027, FOR APPROXIMATELY 14.36 ACRES, LOCATED AT THE SOUTHEAST CORNER OF MOUNT COMFORT AND SALEM ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURAL TO R-O, RESIDENTIAL OFFICE AND 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-Family, 4 units per acre and R-A, Residential Agricultural to R-O, Residential Office and P- 1 , Institutional as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. h� GAS Y OF •L�� PASSED and APPROVED this 5th day of August, 2008. eFAYETTEVILLE ; a APPROVED: ATTEST: c� • h44 GT B By: QQA AA.) Y� DAN COOD , Mayor SONDRA E. SMITH, City Clerk/Treasurer "�s��. eti�� .3�� ,a, r!'�. a ( � t �.{.yer • \ ?a?F\hY`�Cc x �"\`i �, i 3 ,you . }A,�@, I .e��y�>'xriEy .. _ i � fir." � •F'r'i��` �'L`.�� - �—i'� K� . ��^\.S .a J� v. �� "i �' a"t ^f x�`j�5�`.��.{r.�l `�•' •Y sq�^iar�. \ �`c'"'�4� �?. Y� �`s ii�'.�' 1 � '�'"j� T` ��.} '��'�,, 'w�` a �, � PT �` 1`3'9vW�y�� 'l` 5YY � �� . �"-�. '+ I i' ✓�uY: �� e .y+. ��'O unY..� a��. n I a a yy �� x �.`' Y l"6S $ b(�•a:.� � ,�;� � `E`f5^4'W vii r" sY°{;?� �>'�`J 4' i ,iii'' Sol, soz ON C Rif " v ae ) asb FSE t�MMRi pO4�^ T�P� �G`e`F k Y.y9��}p j ay��][�♦d�� 0. I ► �ir E'L,i••YS21Y\ a ? t - re„F r -s v . cs. y\ x � ti a ria . � � � 2' S `a��v= \ `fro EXHIBIT `B" RZN 08-3027 LEGAL DESCRIPTION: (TRACT 1 RSF-4 TO R-O) A PART OF THE NWI /4 OF THE SW 1/4 OF SECTION 6, TI 6N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NW 1 /4, SWI/4 THENCE N89052' 33"W 2I0.00 FEET, THENCE SOUTH 42.50 FEET TO THE P.O.B., THENCE SOUTH 234.66 FEET, THENCE WEST 410.02 FEET, THENCE NORTH 235 .55 FEET, THENCE S89052'33"E 410.02 FEET TO THE P.O.B.; CONTAINING 2.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RTGHT-OF-WAY OF RECORD. LEGAL DESCRIPTION: (TRACT 2 RSF-4 and R-A TO P-1 ) A PART OF THE NW I/4 OF THE SWIA OF SECTION 6, T16N, R30W IN WASHINGTON COUNTY. ARKANSAS AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE SE CORNER OF SAID NWI /4, SWIA THENCE N89059'34"W 176.50 FEET, THENCE N00000126"E 27.76 FEET, THENCE ALONG A CURVE TO THE LEFT 264.77 FEET, SAID CURVE HAVING A RADIUS OF 2I5.00 FEET AND A CHORD BEARING OF N35016' 19"W 248.35 FEET, THENCE N70033'0459W 116.66 FEET, THENCE ALONG A CURVE TO THE RIGHT 350.93 FEET, SAID CURVE HAVING A RADIUS OF 285 .00 FEET AND A CHORD BEARING OF N35° 16'32"W 329. 18 FEET, THENCE NORTH 505 . 14 FEET, THENCE EAST 620.02 FEET, THENCE SOUTH 1043.27 FEET TO THE P.O.B. ; CONTAINING 12. 15 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Washington County, AR I certify this instrument was filed on 08/25/2008 04:04:11 PM and recorded in Real Estate File Number 2008.00028 3 Bette stamps - Circuit CI r by OIE ) City of Fayetteville Staff Review Form �?/5 /4Y City Council Agenda Items 5/ 44 and p � � Contracts, Leases or Agreements 10Y d8'3037 August 5, 2008 P,4 w 115 City Council Meeting Date h � Ch Agenda Items Only l• Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 08-3027: (Pathway Baptist Church, 362): Submitted by Jorgensen and Associates for property located at the southeast corner of Mount Comfort and Salem Road. The property is zoned RSF4, Residential Single Family, 4 units per acre and R-A, Residential Agricultural, and contains approximately 14.36 acres. The request is to rezone the subject property to R-O, Residential Office and P-1 , institutional. Cost of this request Category 1 Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department ire or Date Original Contract Date: UA Original Contract Number: City Att ey A Date Received in City �N �E .7 _ ( F �o p Clerk's Office Finance and Internal Service Director JV-` Date �iCJ Reived in TEesOffice Reci r Mayor Date Comments: Revised April 16, 2007 City Council Meeting of August 5, 2008 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 6 Date: July 10, 2008 Subject: Rezoning for Pathway Baptist Church (RZN 08-3027) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property from RSF-4, Residential Single-Family, 4 units per acre and R-A, Residential Agricultural to P- 1 , Institutional and R-O Residential Office for approximately 14.36 located at the southeast corner of Mount Comfort and Salem Road. BACKGROUND The applicant intends to utilize the property for a church on the southern 12. 15 acres and a day care or other supporting non-residential use on the northern 2.21 acres adjacent to Mount Comfort Road. Therefore the applicant is proposing to re-zone the northern 2.21 acres to R- O, Residential Office, and the southern 12. 15 acres to P- 1 , Institutional, the allowable zoning for a church (Use Unit 4). The City Plan 2025 Future Land Use Plan designates a majority of this site as a City Neighborhood Area and a small southern portion of the site associated with the Hamestring Creek Floodplain as Natural Area. While still a primarily residential urban fabric, City Neighborhood Areas support denser development patterns, a wide range of building types, a high level of connectivity and non-residential uses that reduce the length and number of vehicle trips generated by residential development. Rezoning this property to R-O, Residential-Office and P- 1 . Institutional for non-residential uses including a church is compatible with surrounding properties that are primarily residential and provides a support service to the surrounding, growing community. DISCUSSION This item was heard at the regular Planning Commission meeting on July 14, 2008. The Planning Commission voted 7-0-0 to recommend forwarding this rezoning request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 08-3027, FOR APPROXIMATELY 14.36 ACRES, LOCATED AT THE SOUTHEAST CORNER OF MOUNT COMFORT AND SALEM ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURAL TO R-O, RESIDENTIAL OFFICE AND 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-Family, 4 units per acre and R-A, Residential Agricultural to R-O, Residential Office and P- 1 , Institutional as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this day of 12008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer f. � z FS• � � � C '< y. w � . 'Gfi � ��L} `' S� y 1 �� ,�hS i�'h � \� --.� � > >` r` 3R'�Cc, �� W •y ,a~ �` � �t �„�d��"`ei4.,, t�x�Et` c +ice` v�t�.i .`.s• 3 '�i v�.r t 7� "3 >1�r .• � �k g��i a " Pa s EXHIBIT "B" RZN 08-3027 LEGAL DESCRIPTION: (TRACT 1 RSF-4 TO R-O) A PART OF THE NW1 /4 OF THE SW1 /4 OF SECTION 6, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NW1 /4, SW1 /4 THENCE N89052'33'W 210.00 FEET, THENCE SOUTH 42.50 FEET TO THE P.O. B. , THENCE SOUTH 234.66 FEET, THENCE WEST 410.02 FEET, THENCE NORTH 235. 55 FEET, THENCE S89052'33"E 410.02 FEET TO THE P.O. B . ; CONTAINING 2.21 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RTGHT-OF-WAY OF RECORD. LEGAL DESCRIPTION : (TRACT 2 RSF-4 and R-A TO P-1 ) A PART OF THE NW1 /4 OF THE SW1 /4 OF SECTION 6, T16N , R30W IN WASHINGTON COUNTY. ARKANSAS AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT THE SE CORNER OF SAID NW1 /4, SW1 /4 THENCE N89059'34"W 176.50 FEET, THENCE N00°00'26"E 27.76 FEET, THENCE ALONG A CURVE TO THE LEFT 264.77 FEET, SAID CURVE HAVING A RADIUS OF 215.00 FEET AND A CHORD BEARING OF N35° 16'19'W 248.35 FEET, THENCE N70033'04"W 116.66 FEET, THENCE ALONG A CURVE TO THE RIGHT 350.93 FEET, SAID CURVE HAVING A RADIUS OF 285.00 FEET AND A CHORD BEARING OF N35° 16'32"W 329. 18 FEET, THENCE NORTH 505. 14 FEET, THENCE EAST 620.02 FEET, THENCE SOUTH 1043.27 FEET TO THE P.O. B. ; CONTAINING 12. 15 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. �Ohyel� PC Meeting of July 14, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 Mountain Fayetteevv Mountain AR 7270101 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: ' g�L- Updated July 17, 2008 RZN 08-3027: (PATHWAY BAPTIST CHRUCH, 361): Submitted by JORGENSEN & ASSOC for property located at T14E SE CORNER OF MT. COMFORT AND SALEM ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and R-A, RESIDENTIAL AGRICULTURAL and contains approximately 14.36 acres. The request is to rezone the subject property to R-O, Residential Office and P- I . Institutional. Property Owner: PATHWAY BAPTIST CHURCH Planner: ANDREW GARNER BACKGROUND: Property: The subject property contains 14.36 acres and is located at the southeast comer of Mount Comfort and Salem Road. Salem Road is shown on the Master Street Plan as a Collector Street to extend south through the subject property, eventually connecting Mount Comfort Road to Wedington Drive, once a bridge is constructed over Hamestring Creek. Surrounding land use and zoning is depicted on Tabled . A lot split (LSP 08-3025) was approved by the Subdivision Committee on July 3 , 2008 to divide the subject property into two tracts, as depicted on the attached survey/site plan. Table 1 Surrounding Land Use/Zoning Direction from Land Use Zoning Site North Single family RSF4, Residential Single Family-4 unitslacre; R-A, dwellings Residential Agricultural South Vacant R-A, Residential Agricultural East Church of Christ P-I, Institutional; RSF-4, Residential Single Family units/acre West Vacant RSF4, Residential Single Family-4 units/acre; R-A, Residential Agricultural Proposal: The applicant intends to utilize the property for a church on the southern 12. 15 acres and a day care or other supporting non-residential use on the northern 2.21 acres adjacent to Mount Comfort Road. Therefore the applicant is proposing to re-zone the northern 2.21 acres to R-O, Residential Office, and the southern 12. 15 acres to P- 1 , Institutional, the allowable zoning for a church (Use Unit 4). K IReports120081PC Reportsll34uly 141RT.N 08-3027 (Pathxay Baptist Church).doc INFRASTRUCTURE: Streets: Access to the site is provided by Mount Comfort Road, a Minor Arterial. The City is improving this street as part of the City's Transportation Improvement Bond Program street improvements in this area. Salem Road, a Collector, is identified on the Master' Street Plan as being extended south through the site. Water: Public water is adjacent to the site. There is a 12" water main along Mount Comfort Road. Water may need to be extended through the property at the time of development to provide domestic service and fire protection. Sewer: Sanitary sewer is adjacent to the site. There is a 12" sewer main along the south property line of this project. Sewer may need to be extended through the property at the time of development. There is also a 6" sanitary sewer on the north end of the site in the Mount Comfort right-of-way; however the capacity of the existing 6" main may need to be evaluated at the time of development. 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 three 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 a majority of this site as a City Neighborhood Area and a small southern portion of the site associated with the Hamestring Creek floodplain as Natural Area. While still a primarily residential urban fabric, City Neighborhood Areas support denser development patterns, a wide range of building types, a high level of connectivity and non-residential uses that reduce the length and number of vehicle trips generated by residential development. These areas also encourage developers to designate and plan for mixed-use corners to properly plan for accessibility to these areas. Rezoning this property to R-O, Residential-Office and P- 1 , Institutional for non-residential uses including a church is compatible with surrounding properties that are primarily residential and provides a support service to the surrounding, growing community. RECOMMENDATION: Staff recommends approval of the rezoning request. Granting a rezone to R-O and P- 1 would allow uses that are compatible with surrounding land uses that are in large part being developed for residential uses. The addition of non-residential uses including 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 designated as a Minor Arterial on the Master Street Plan, and is planned to support traffic that would be generated by the proposed church and other non- residential use. K.1Reportt120081PC Reports113July 1 ARZV 08-3027 (Pathway Bap(is1 Church).doc RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings herein. PLANNING COMMISSION 'ACTION Required YES � ` X Forwarded to C C ❑ Denied Motion. Graves Second Winston r Votem 7 0 "mly ' ; 4 3^ y. �`" �:: + j vY '� Date: July 14, 2008 [[Date-a TY COUNCIL ACTION: Required" YES 0 Approved ❑ Denied °eAua st 5-,'2008`W1 reading rf recommended)r, d . ,. ,. 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, including one adjacent to the east. The intersection of Mount Comfort Road/Salem Road is appropriate for non-residential services. This area of Mount Comfort Road is indicated on the Future Land Use plan as City Neighborhood Area, with a small area around the Hamestring Creek in the southern portion of the site as Natural Area. The proposed church and other low- intensity non-residential uses 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 RSF-4 zoning. The non-residential uses allowed under the proposed R-O zoning at the intersection of Mount Comfort Road/Salem Road would be appropriate give the relatively high volume of traffic at the intersection of a Minor Arterial and a Collector, and would provide opportunities for goods/services in closer proximity to residents of the area. 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 K:1Repor1s1200WC Repores113Ju1y 141RZN 08-3027 (Pathway Baptist Church).do development patterns and to allow for the build out of the area consistent with the City Plan 2025. The City Plan 2025 identifies some Guiding Policies for City Neighborhood Areas that are applicable to the proposed rezoning: Guidine Policies: b. Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. c Reduce the length and number of vehicle trips generated by residential development by enhancing the accessibility to these areas.. . d. Encourage developers to designate and plan for mixed-use corners at the time of approval to properly plan for accessibility to these areas. The proposed use would be compatible to adjacent land uses and would encourage continued growth of this identified mixed use area. The proposed church and non- residential uses 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 increase traffic accessing onto Mount Comfort Road more than that which exists today. Mount Comfort Road isa Minor Arterial roadway that is being improved by the City as part of the Transportation Improvement Bond Program. As approved with Condition of Approval No. I from the Pathway Baptist Church lot split (LSP 08-3025), in consideration for the applicant dedicating additional right-of-way along Mount Comfort Road for these street improvements, staff will not be recommending assessments for street improvements to Mount Comfort Road at the time of development. Salem Road is a Collector shown on the Master Street plan to extend south through the subject property. Portions of this street will need to be constructed at the time of development. With the improvements being completed to Mount Comfort Road and the construction of Salem Road, the proposed zoning will not create or appreciably increase traffic danger or congestion. Additional review of cross-access to adjacent properties will also be evaluated at the time of development. 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: K:Reports11008V'C Reporul13July 14VaN 08-3017 (Pathway Baptist Churdt).doc