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HomeMy WebLinkAboutOrdinance 5231 111111 111111 111 1111 11111 11111 11 11 f flll 11111 VIII VIII VIII IIIIIIIIII IIII Illi Doc ID: 012815500003 Type: REL Kind: ORDINANCE Recorded: 04/17/2009 at 09:21:01 AM Fee Amt; $25.00 Paae 1 of 3 Washinqton Countv. AR Bette 5tamos Circuit Clerk File2009-00011629 ORDINANCE NO. 5231 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3218, FOR APPROXIMATELY 1.27 ACRES, LOCATED NORTH OF THE SYCAMORE STREET AND SADDLEHORNE AVENUE INTERSECTION FROM RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE, TO P-1, INSTITUTIONAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single-Family, 4 units per acre to P-1, Institutional, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 1 above. `tttt191f!!!ry//!} PASSED and APPROVED this 7th day of April, 2009. 1�4 4�, ,RK/TRF� nth APPROVED: ATTEST: m ll �FAYE I TEVI LLE a By: By: J 0 6 p i p L O ELD J N,Mayor SO DRA E. SMITH, City ClerklTreasurer ��$`"'114411 m'14 °�� y Y �e a yS�r ANT 50111"1", gel hot ONE d k ..� ,; k ✓✓,,� gS 7 Vol' k, 'N "21- 7 TS��� 7, n:< f 6 "s. � 1i"t—r -rte-4 ..... ..... % p NEON mom r z h- IMM '^¢s OAT t R e u �5 s s �` EXHIBIT "B" RZN 09-3218 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN THAT IS NOI°26'44"E 399.83' AND N88053'22"W 662.18' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S01°53'25"W 375.84' TO THE NORTH RIGHT-OF-WAY OF SYCAMORE STREET, N88°32'36"W 260.26' ALONG SAID RIGHT-OF-WAY TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT OF WAY: N31028'34"E 13.38', N32°59'40"E 451.03', THENCE LEAVING SAID RIGHT OF WAY S44°00'42"E 28. 75' TO THE POINT OF BEGINNING, CONTAINING 1.27 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY. Washington County, AR I certify this instrument was filed on 04/17/2009 09:21:01 AM and recorded in Real Est File Number 2009-00011 2 Bette Stamps- Circuit r by RECEIVED APR 16 Z009 ArkamasLe�mocmt . 0anue CITY OF FAYETFI=VfLLE , # CITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5231 April 12, 2009 Publication Charge : $86.08 Signed: ---� i - Subscribed and sworn to before me This /L/day ofAA� 2009. Notary Public My Commission Expires: Do not pay from Affidavit, an invoice will be sent :'� 'CAR a." ��i RECEIVEDI APR 1 `6 2009 CITY OF FAYETTEVILLE CITY CLERICS OFFICE ORDINANCE NO,5231 AN ORDINANCE REZONING THAT PROPERTYTaye DESCRIBED IN REZONING PETITION RZN 09-3218, VFOR.H or T Ifv1ATELY 1:27 ACRES,.LOCATED � ! � �= NORTH.OF THE SYCAMORE STREET AND STD- ice/ ;� DLEHORNE AVENUE INTEASECTfON FROM RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE, A R KA N SA 5""` ° TO P-1,INSTITUTIONAL - BE IT-ORDAINED-BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ARKANSAS. Section 1:..That the zone classification otthe following described property is hereby changed 4`61- - - Tows: - From RSF-4, Residential Single•Family,4 units per acre to P-1, fnstitutional, as shown§o Ey Exhibits"A"and"B"attached hereto and made a part hereof. Section 2i :That the official zoning map of,the City of Fayetteville,Arkansas is hereby amended to reffect the zoning change provic!Q in Section 1 above. PASSED and�APPROVED this 7th,day ofApril,2009. � • Ytl4 3 APPROVED: ATTEST. By. By. LIONELO_JORDAN;Mayar'' SONORA E.SMITH,City CierkMeasurer Exhibit A is a map and may be'viewed in the office of the Oty Cfedklfreasurer during normal bpsi= V ness hours- . - - EXHIBIT:"B°. RZN 09-3218 - - A'PART OF'THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOW U. ' SHIP 16 NORTH,RANGE 30.WEST WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARq I. DESCRiBEQ AS FOLLOWS: BEGINNING ATA FOUND IRON PIN THAT 1S N01'28'44"E 399.83'AND' j N88°53'22-W 662.18'FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RU—W NING THENCE S01°53'25"W 375.84'TO THE NORTH RIGHT--OF-WAY OF SYCAMORE SThi N88°32'36"W 260.26'.ALONG SAID RIGHT-OF-WAY TO THE RIGHT OF WAY OF U.S.INT EFlS7 4540,THENCE ALONG SAID RIGHT OF WAY: N31°28'34"E 13.38',N32°59'40"E 451.03',THENCE LEAVING SAID RIGHTOFWAY S44-00'42"E 28, 75'TO THE POINT OF BEGINNING,CONTAINING 1.27 ACRES,MORE OR LESS.SUBJECTTO ALL EASEMENTS AND RIGHTS OF IF ANY. WAY OF RECORD, DIL) City of Fayetteville Staff Review Form e, l-7 / City Council Agenda Items /l and �/V � Contracts, Leases or Agreements �� // ' x}1712009 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 09-3218: (Life Styles, 363): Submitted by Bates and Associates for property located north of the Sycamore Street and Saddlehorne Avenue intersection. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 127 acres. The request is to rezone the subject property to P-1, Institutional. Cost of this request Category/Project Budget Program Category 1 Project Name Account Number Funds Used to Date Program 1 Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Gal}o Previous Ordinance or Resolution# Dep rtm nt i�rctor Date Original Contract Date: 1 3 '() L Original Contract Number: City Attorney Date Finance and Internal Services Director Date Received in City Clerk's Office Chi. f o aff Da e Received in Mayors Office Ma r to Comments: Revised January 15,2009 City Council Meeting of April 7, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate, Director of Development Services From: Dara Sanders, Current Planner Date: March 10, 2009 Subject: Rezoning for Life Styles(RZN 09-3218) RECOMMENDATION Staff and the Planning Commission recommend approval of rezoning the subject property, located at the northeast corner of Sycamore Street and Saddlehorn Avenue, from RSF-4, Residential Single-Family, 4 units/acre to I-1, Institutional. BACKGROUND The property, containing approximately 1.27 acres, is culTently vacant and located at the corner of Sycamore Street and Saddlehome Avenue, adjacent to 1-540. The applicant proposes to rezone the property from RSF-4, Residential Single-Family, 4 units/acre, to P-1, Institutional in order to develop the property as an expansion of the Life Styles College for Living, an adult education program for individuals with developmental disabilities. Currently, Life Styles is located at the southwest corner of Sycamore Street and Porter Road, just two properties southeast of the subject property. Development of this property will be subject to the I-540 Design Overlay District and Commercial Design Standards. DISCUSSION This item was heard at the regular Planning Commission meeting on March 9, 2009. The Planning Commission voted 9-0-0 to forward this rezoning request to the City Council with a recommendation for approval. While the proposed use of the subject property is classified as Use Unit 4, a use allowed in the underlying RSF-4 zoning district only by Planning Commission approval of a conditional use permit, staff recommends in favor of the rezoning request, finding that any future expansion of the facility would require a new conditional use permit application to be reviewed by the Planning Division and the Planning Commission. Staff finds that rezoning the property to P-1, Institutional, which allows only city-wide uses, cultural and recreational facilities, and government facilities as permitted uses, is appropriate as the underlying zoning district would accurately reflect the use and govern the development_of the property with regulations established and adopted for this type of use. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 09-3218, FOR APPROXIMATELY 1.27 ACRES, LOCATED NORTH OF THE SYCAMORE STREET AND SADDLEHORNE AVENUE INTERSECTION 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-Fainily, 4 units per acre to 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 , 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer "Exhibit A" - , - • xy� Subject Property �� �• ;fix-��� ��w; •b ^4i :. ,,yy }-✓yam, A� m m • `�=Wim,• v L� �� �,., f- �d m2 �.e.a°s�°" m a �,m EXHIBIT "B" RZN 09-3218 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN THAT IS NO)°26'44"E 399.83' AND N88053'22"W 662.18' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE SOI 053'25"W 375.84' TO THE NORTH RIGHT-OF-WAY OF SYCAMORE STREET, N88032'36"W 260.26' ALONG SAID RIGHT-OF-WAY TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT OF WAY: N31°2834"E 13.38', N32059'40"E 451.03',THENCE LEAVING SAID RIGHT OF WAY S44°00'42"E 28. 75' TO THE POINT OF BEGINNING, CONTAINING 1.27 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY. TZ'40'at Ile PC Meeting of March 9, 2009 s s ARKANSAS t. THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain Fayetteville,AR 7270101 Telephone: (479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: Mar-eh 2,-290`9 Updated March 11, 2009 RZN 09-3215: (LIFE STYLES, INC., 363): Submitted by BATES AND ASSOCIATES for property located at NORTH OF THE SYCAMORE ST. AND SADDLEHORNE AVENUE INTERSECTION. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 1.27 acres. The request is to rezone the subject property to P-1, Institutional. Planner: Dara Sanders BACKGROUND: Property Description: The property, containing approximately 1.27 acres, is currently vacant and located at the corner of Sycamore Street and Saddlehome Avenue, adjacent to I-540.Both Sycamore Street and Saddlehorne Avenue have not been constructed at this location,but adequate right-of-way exists for construction of both public streets and to provide the necessary frontage and access to accommodate development of the property. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North 1-540 None South Residential RT-12, Residential Transitional, 12 units/acre, RSF-4, Residential Single Family, 4 units/acre East Residential RMF-24, Residential Multi-Family, 24 units/acre West I-540 None Proposal: The applicant proposes to rezone the property from RSF-4,Residential Single-Family,4 units/acre, to P-1, Institutional in order to develop the property as an expansion of the Life Styles College for Living, an adult education program for individuals with developmental disabilities. Currently,Life Styles is located at the southwest corner of Sycamore Street and Porter Road,just two properties southeast of the subject property(see attached map).Development of this property will be subject to the I-540 Design Overlay District and Commercial Design Standards. Public Comment: Staff has not received public comment. K:Weports120091PC ReportsW5-March 91RZN 09-3218(Life Sryles).doc RECOMMENDATION: Staff recommends forwarding the rezoning request to the City Council with a recommendation of approval based on findings stated herein- PLANNING C.OIVIMXSSIOIv ACTI0I�T, Required YES Tabled Forwarded 0 De7nied Motxon:.Anthes;' Second' Myres Vof . 9 0 0 CITY COUNCIL ACTION Required. YES Approved Q Denied Dat INFRASTRUCTURE: Streets: The site has access to Sycamore St. and Saddlehorn Ave. Both are fully improved paved two lane City streets,but there is a gap separating them. Street improvements will need to be evaluated at the time of development. Water: Public water is available to the property. There is a 4"main along Sycamore Street. 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 available to the site. There is an 8" public main across this property. Sewer may need to be extended through the property at the time of development. The capacity of the existing main may need to be evaluated at the time of development. Drainage: Standard improvements and requirements for drainage will be required for the development. This property is affected by the 100-year floodplain. Fire: This development will be protected by Engine 2 located at 708 N. Garland. It is 2 miles from the station with an anticipated response time of 6 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or response times. Police: It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This RZN will not create an appreciable increase in traffic danger and congestion. K.-1Repa-ts)20W PC ReportsW5-March 9lkZN 09-3218(Life 5tyles).doc