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Home My WebLink AboutOrdinance 5358 Doc ID: 013734970003 Type: REL Kind: ORDINANCE Recorded: 11/05/2010 at 04:01:48 PM Fee Amt: $25.00 Pace 1 of 3 Washlnoton Countv. AR Bette Stamos Circuit Clerk F11e2010-00033033 ORDINANCE NO. 5358 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3642, FOR APPROXIMATELY 11.18 ACRES, LOCATED AT 4405 PERSIMMON STREET 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. PASSED and APPROVED this 5`" day of October, 2010. APPROVED: ATTEST: By: �• �� By: &a4',C2 C� MOTAELD JO K Mayor SONDRA E. SMITH, City Clerk/Treasurer e :FAYETTEVILLE; �' =>a' Washington County, AR I certify this instrument was filed on 11/05/2010 04:01:48 PM and recorded in Real Estate File Number 2010-00033033 Bette Stamps• CIM RE q mo ". 1 - PERSIMMON 9 :3 �.� - ;a.. : : ®®fir® = _ AA man w L�1�•—Y— ! f13T1 ® aWOLI SWI ;man um �. •n PAA a-- - s Y� i Pi i it.l 1-; Iil .`<1 t;o i t- wh') h lil . 9 + C wlay District •• • 1 1 •• •• • �• • • - . •• • • trict - • Area Y=11 800 YY ..Y EXHIBIT "B" RZN 10-3642 A PART OF THE NEI/4 OF THE NW I/4 OF SECTION 13, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NEI/4,NWl/4 THENCE S02°56'45"W 35.00 FEET TO THE P.O.B., THENCE S02018'46"W 300.01 FEET, THENCE S02°24'51"W 211.31 FEET, THENCE S02023'33"W 29.85 FEET, THENCE N85°56'35"W 165.07 FEET, THENCE S02°23'33"W 16.87 FEET, THENCE S69°48'42"W 125.78 FEET, THENCE S43°49'53"W 134.77 FEET, THENCE S00008'22"W 103.06 FEET, THENCE S77°37'14"W 173.95 FEET, THENCE S01°37'22"W 28.00 FEET, THENCE N78°22'21"W 16.15 FEET, THENCE N63035'26"W 19.99 FEET, THENCE NO2°57'50"E 571.58 FEET, THENCE N87°09'41"W 246.89 FEET, THENCE, N34039'39"W 381.00 FEET, THENCE S87002'10"E 1038.77 FEET TO THE P.O.B.; CONTAINING 11.18 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/5/2010 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: RZN 10-3642: (Gardens on Persimmon, 477): Submitted by Jorgensen and Associates for property located at 4405 Persimmon Street. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, contains approximately 11.18 acres. The request is to rezone the subject property to P-1, Institutional. Cost of this request Category/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 z e ' t>c_II.-7iVt/J Previous Ordinance or Resolution# Dep nt ector ^ Date / Original Contract Date: q- tl6 ' Lot d Original Contract Number: City At orney Date - Cl, 9 - Ib -Zola Finance and Internal Services Director Date Received in Citi 9-1 5- 1 0 P 01 :5 7 R C V D Clerk's Office 9-�io IM�1-W Chief of Staf Date Received in ENT EO Mayor's Office or 9 Comments: Revised January 15, 2009 ly, ILE CITY OF FAYETTEVILLE,ARKANSAS le DEPARTMENT CORRESPONDENCE ' iKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: September 15, 2010 Subject: R7.N 10-3642 Gardens on Persimmon RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance to rezone the subject property from RSF-4, Residential Single Family Four Units Per Acre to P-1. Institutional (RZN 10-3642). BACKGROUND The subject 11.18-acre property is on the south side of Persimmon Street east of Broyles Avenue, south of the Cross Keys Subdivision and west of Owl Creek Elementary School. The site has been recently developed for the Gardens on Persimmon nursing home. The Owl Creek floodplain is located on the southern portion of the property. The applicant requests to rezone the property from RSF-4, Residential Single Family Four Units Per Acre to P- 1, Institutional. A nursing home has been allowed by conditional use permit on this property; however, as indicated in the applicant's letter, the City sign ordinance would not permit a freestanding sign in the RSF-4 zoning district. The applicant's primary reason for the rezoning is to allow a sign. In addition, where the Future Land Use Plan supports the land use, rezoning property to ft the intended use as a permitted use rather than a conditional use is in accordance with the City's adopted policies. DISCUSSION On September 13, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 8-0-1 (Honchell recused). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 10-3642, FOR APPROXIMATELY 11.18 ACRES, LOCATED AT 4405 PERSIMMON STREET 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. PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By. -- By. LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 1 I •� GARDENS O N PERSIMMON lingo In OEM lligiiIn JIM '! ® '.,� tom` rrsn ®. Y =IN M ow �: ®�� 1 tl�• Bid . 1 Bif 6ffi� ! BBB f rl ' rI WN Am 0 •• 4'`c Design 44 • • Or•. Fayetteville 1 11 1 :11 11 1 Effibim EXHIBIT "B" RZN 10-3642 A PART OF THE NEI/4 OF THE NWI/4 OF SECTION 13, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NEI/4, NWI/4 THENCE S02°56'45"W 35.00 FEET TO THE P.O.B., THENCE S02°18'46"W 300.01 FEET, THENCE S02°24'51"W 211.31 FEET, THENCE S02023'33"W 29.85 FEET, THENCE N85°56'35"W 165.07 FEET, THENCE S02°23'33"W 16.87 FEET, THENCE S69°48'42"W 125.78 FEET, THENCE S43°49'53"W 134.77 FEET, THENCE S00008'22"W 103.06 FEET, TFIENCE S77°37'14"W 173.95 FEET, THENCE S01°37'22"W 28.00 FEET, THENCE N78°22'21"W 16.15 FEET, THENCE N63°35'26"W 19.99 FEET, THENCE NO2°57'50"E 571.58 FEET, THENCE N87°09'41"W 246.89 FEET, THENCE N34039'39"W 381.00 FEET, THENCE S87°02'10"E 1038.77 FEET TO THE P.O.B.; CONTAINING 11.18 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. Ta'yeV— PC Meeting of September 13, 2010 H-IL CITY 01 FAY1: 1'THVILL6, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: Sept.• � Updated September 15, 2010 RZN 10-3642: (GARDENS ON PERSIMMON, 477): Submitted by JORGENSEN & ASSOC for property located at 4405 PERSIMMON. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 11.18 acres. The request is to rezone the subject property from RSF-4, RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE to P-1, INSTITUTIONAL. Planner: Andrew Garner BACKGROUND: Properly Description: The subject property is on the south side of Persimmon Street east of Broyles Avenue, south of the Cross Keys Subdivision and west of Owl Creek Elementary School. The 11.18-acre property is zoned RSP-4, Residential Single Family Four Units/Acre and has been recently developed for the Gardens on Persimmon nursing home. The Owl Creek floodplain is located on the southern portion of the property. The surrounding land use and zoning is indicated in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Cross Keys Subdivision R-PZD South Undevelopedpasture/Owl Creek riparian corridor R-A East Undeveloped Parcel/Owl Creek Elementary School* RSF-4; R-A West Rural residential RSF-4; R-A *Currently at City Council to be rezoned to P-1, Institutional (RZN 10-3625 Cedar Crest Academy) Background: On April 14, 2008 the Planning Commission approved a conditional use permit to allow for the development of a nursing home on the subject property (CUP 08-2954 Gardens on Persimmon). On July 3, 2008 the Subdivision Committee approved a large scale development for the Gardens on Persimmon project (LSD 08-3023 Gardens on Persimmon). The applicant has recently completed the Gardens on Persimmon development and desires to have a freestanding monument sign, however, such a sign is not permitted within the RSF-4 zoning district. Request: The applicant requests to rezone the property from RSF-4, Residential Single Family Four Units Per Acre to P-1, Institutional. A nursing home has been allowed by conditional use permit on this property; however, as indicated in the applicant's letter, the City sign ordinance would not permit a freestanding sign in the RSF-4 zoning district. The applicant's primary G.IETCIDevelopment Services RevieW20100evelopmenl Reviewg0-3642 RZN Gardens on Persinunon103-Planning Counnission109-13- 101Con rents&Redlines reason for the rezoning is to allow a sign. Public Comment. Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding the rezoning request (RZN 10-3642 Gardens on Persimmon) to the City Council with a recommendation of approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: September 13, 2010 0 Tabled X Forwarded ❑ Denied: Motion: Kennedy Second: Cabe Vote: 8-0-1 (Honchell recused) CITY COUNCIL ACTION: Required YES 0 Approved 0 Denied Date: INFRASTRUCTURE: Streets: The site has access to Persimmon Street, a Collector Street. Persimmon Street is a fully improved two lane city street in this location. Water: Public water is available to the property. There is a 12" public main located along the south side of Persimmon Street in front of this property. Sewer: Sanitary sewer is available to the site. There is an 8" public main located along the south side of Persimmon Street directly in front of this property. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is affected by the 100-year floodplain associated with Owl Creek. Fire: This development will be protected by Engine 7 located at 835 N. Rupple Road. It is approximately one (1) mile from the station with an anticipated response time of two (2) minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect calls for service or response times. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not create an appreciable increase in traffic problems or load on police services. GAETCIDevelopmenr.Services Revieu,120101 Development Revieiv110-3642 RD'Gardens on Peisinnnad03-Planning Commission109-13- I OIComments&Redlines CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as Civic Institutional Area, which are dedicated for buildings generally operated by not- for-profit organizations dedicated to culture, government, education or transit and municipal parking. These areas encourage the establishment of civic institutional areas in locations that would serve large concentrations of Fayetteville citizens. FINDINGS OF THE STAFF 1. 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 P-1, Institutional, zoning is consistent with the City's Institutional Area land use designation that dedicates these areas for institutional uses that would be permitted under the proposed P-1 zoning. Based on the City's adopted land use planning objectives and principles, staff finds that the subject property, in close proximity to an elementary school, a community center, and a single family neighborhood, would be appropriately regulated under the P-1 zoning district. The site has been recently developed for a nursing home. This zoning would more accurately reflect the current institutional use of the site, consistent with the City's land use planning policies. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: While the Gardens on Persimmon has already obtained a conditional use approval from the Planning Commission to operate a nursing home (Use Unit 4) on the subject property, staff finds that the rezoning request is justified as the P- I zoning district would more accurately reflect and govern the existing use and development of the property than the current RSF-4 zoning. This would include the applicant's desire to install a sign for the nursing home. The Future Land Use Plan, City Plan 2025, identified several areas for non- residential services on the west side of the City. The subject property was identified as part of a node for institutional services around the Rupple Road/Persimmon Road intersection. Rupple Road is a Principal Arterial Parkway and Persimmon Road is a Collector Street. The subject property is located in close proximity to two existing institutional uses, Owl Creek Elementary and the Boys and Girls Club, but is zoned RSF-4, Residential Single Family Four Units Per Acre. The proposed zoning to P-1, Institutional is justified in order to be consistent with the Future Land Use Plan and in order to permit development of the property for institutional uses by right. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning from RSF-4 to P-1 would result in the potential for an increase in GAETCWevelopment.Services Revio0201011)evelcpment Review 10-3642 RGA'Gardens on Persimmon103-Planning Commissionl09-13- 101Comments&Redlines traffic compared with that allowed under the existing zoning. However, the street system in the surrounding area has been improved and is planned to accommodate large volumes of traffic with Rupple Road being a Principal Arterial Parkway and Persimmon Street being a Collector Street. Rupple Road is planned to be extended south from Persimmon Street south to Martin Luther King Boulevard over the next few years as part of the Bond Program Street Projects. This street extension will provide an additional north -south connection that is needed in this area. The surrounding street system is capable of supporting additional traffic. Further, with the recent development of this site for a nursing home under a conditional use permit, it is not anticipated that the rezoning would result in any increase in traffic from this site in the foreseeable future. 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: Staff finds that the proposed zoning would not create undesirable impacts to public services, or a density that is incompatible with the surrounding area, based on a review of infrastructure, existing land uses, and the development potential of the property. The change in zoning to P-1 would not permit uses that would adversely impact public services. Increased load on public services were taken into consideration and recommendations from the Engineering, Police, and Fire Departments are included in this report. 5. 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 (1) through (4) above why the proposed zoning is not desirable. Finding: Not applicable. Staff recommends in favor of the requested zoning. G: IGTCIDevelopmeni Services Review120101Development Review)i0-3692 RLv Gorden on Persinnnon103- Planning Co nmi.ssion109-13- 101Cotnments & Redlines 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 dwellings ( Unit 41 1 Accessory dwellings (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 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq--ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq. ft. 12,000 sq: ft. District Lot area minimum Land area per 8,000 sq. ft. 6,000 sq. ft. dwelling unit (E) Setback requirements. G: IETCI Developnrem Services Revieud20101 Development Reviervll0-3642 R/_ AV Gardens on Persimmon103- Planning Commission109-13- 101Commenls & Redlines Front Side Rear 15 ft. 5ft. 15ft. (F) Building height regulations. Building Height Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (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:O1d. No. 4100. §2 (Ex. A), 6-16-98; Ord. No. 4178. 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-19-07; Ord. 5128, 4-15- 08; Ord. 5224; 3-3-09; Ord. 5312, 4-20-10) G: IETCIDevelopmenr Services Revieud 20101 Development Revieudl0-3642 RZA' Gardens on Persimmon103- Planning Connnission109-13- 10lCamnenrs & Redlines Fayetteville Unified Development Code 161.29 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 Unit 5 Government facilities (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 30 ft. Front, if parking is allowed between the right- of-wa and the buildin 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-1 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. G:IETCI Developineni Services Reviewl2OlO1 Development Revieivl /0-3642 RZN Gardens on Persiuunon103- Planning Commission\O9-/3- IOICwrmrenis & Redlines Favetteville Unified Develonment Code 174.10 On -Site Freestanding Signs It shall be unlawful to erect any freestanding sign which total height is greater than 30 feet above the level of the street upon which the sign faces. For any sign located closer to street right-of- way than 40 feet, the maximum height shall be reduced one-half (1/2) foot for each foot of setback less than 40 feet. On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: (A) R -A District (1) Number of signs. Only one on -site freestanding sign shall be permitted on a lot or at a business operating on two or more adjoining lots. (2) Display surface area. Display surface area shall not exceed 16 square feet. (3) Illumination. Sign may be illuminated by indirect illumination only. (4) Setback from right-of-way. Sign shall be setback 35 feet from existing street right-of-way and 25 feet from any R or R -O District. (B) RSF RT and Neighborhood Commercial Districts. Except pursuant to § 174.03 (C), (H) and (J7, freestanding signs shall be prohibited and no freestanding signs shall be erected in RSF; RT and Neighborhood Commercial Districts of the City. (C) R -O and RMF Districts. One freestanding sign shall be permitted on a lot or parcel zoned RMF or R -O subject to the following restrictions: (1) Display surface area. The maximum display surface area shall not exceed four (4) square feet; (2) Setback from right-of-way. The sign shall be setback a minimum of 15 feet from street right-of-way. (3) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (4) Setback from R District. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts. (5) Illumination. The sign shall be illuminated by indirect illumination only. (6) In lieu of the above freestanding sign, one freestanding bulletin board of up to ten square feet may be installed in an RMF district pursuant to the above requirements and §174.03 (P). G: IETCIDevelopnrent Services Revieu420101 Development Revieml 10-3642 RZN Gardens on Persirmnonl03- Planning Camnis.sionl09-/3- 101Commen,s & Redlines (D) C Districts. (1) Number of signs. Only one on -site freestanding signs shall be permitted on a lot, at a shopping center, or at a mall; provided only one on -site freestanding sign shall be permitted for any business operating on two or more adjoining lots. (2) Freestanding signs. Freestanding signs shall be subject to the following: (a) Display surface area. Display surface area shall not exceed 10 square feet; provided, the display surface area may be increased two (2) square feet for each one (1) foot the sign is setback from street right-of-way beyond 15 feet, provided further, the maximum display surface area for a sign which is setback from street right-of-way 40 feet or more shall be 75 square feet. (b) Setback from right -of way. Setback shall be a minimum of 15 feet from street right- of-way. (c) Setback from adjoining property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (3) Joint identification sign. The display surface area of joint identification signs may be increased to one square foot per 500 square feet of gross leaseable building area over 37,500 square feet located, as approved by the Planning Division, at no more than two (2) remote entrance locations. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (a) R Districts. Prohibited. (b) R -O District. Monument sign permitted with a maximum display surface area of 32 square feet. (c) C and I Districts. Display surface shall not exceed 300 square feet. (d) Size limitation for freestanding sign if business displayed on joint identification sign. If a business name or logo is placed upon a joint identification sign, that business's freestanding sign may not exceed 32 square feet. (E) I Districts. (1) Number of signs. Only one on -site freestanding sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one on -site freestanding sign shall be permitted for any business operating on two or more adjoining lots. (2) Freestanding signs. Freestanding signs shall be subject to the following: G:IETCIDevelopment Services Reviem12010IDevelopmenl Revie 10-3642 RZitl Gardens on Pe,-simmon103- Planning Connnzssion109-13- 101Counnents & Redlines (a) Display surface area. Display surface area shalt not exceed 10 square feet; provided, the display surface area may be increased two square feet for each one foot the sign is setback from street right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which setback from street right-of-way 40 feet or more shall be 75 square feet. (b) Setback from right-of-way. Setback shall be a minimum of 15 feet from street right- of-way. (c) Setback from Adjoining property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (F) P Districts. One Freestanding sign or bulletin board may be erected. (G)Area signs. (1) Size/location. The size and location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, who will approve such structure upon the criterion of traffic safety sight lines. (a) Areas with more than one entrance may not have a sign at more than two locations. (b) An area sign with display on one side located on each side of an entrance street may be substituted for a single sign with display on both sides. (2) Display surface area. (a) A, P, R, and R -O Districts. Display area shall not exceed 32 square feet. (b) C and I Districts. Display area shall not exceed 75 square feet. (H)Monument signs. A monument sign shall be set back a minimum of 10 feet from the street right-of-way, 10 feet from adjoining non-residential property and 25 feet from adjoining residential property, and may be substituted for a free standing sign permitted by § 174.10, providing the display surface area meets the following: (1) Neighborhood conservation and RSF Districts. Prohibited on individual lots. (2) Other residential districts. The display surface shall not exceed 16 square feet. (3) R -A and P Districts. The display surface area shall not exceed 32 square feet. (4) C and I Districts. The display surface area shall not exceed 75 square feet. (Code 1965, §178-9; Ord. No. 1893. 12-19-72; Ord. No. 3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-15-87; Code 1991, §158.47; Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. No. 4226, 2-15-00; Ord. 4972, 1-16-07: Ord. 5088, 12-04-07) G:IETCIDevelopment Services Reviem120/01Developmenl Review)/0-3642 RZN Gardens on Perslnnnon103-P/mining Commission109-/3- IOIConunents & Redlines JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 ' FAYETTEVILLE, ARKANSAS 72703 City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Attn: Andrew Garner, Senior Planner Re: Rezoning for Gardens on Persimmon Dear Andrew; (479) 442-9127 . FAX (479) 582-4807 DAVID L. JORGENSEN, P.R. P.L.S. JUSTIN L. JORGENSEN, P.E. August 5, 2010 Attached please find the information pertaining to a rezoning request for the Gardens on Persimmon. The present zoning is RSF-4 and the developer would like to rezone this property from RSF-4 to P-1. This will allow a nursing home with a sign by right. The property to the north is Cross Keys Subdivision Phase 1 (RSF-4) on the north side of Persimmon Street and the property immediately to the west is RSF-4. This rezoning request is for P-1 and only for the nursing home that was constructed which was allowed by a conditional use. Please review and call concerning any questions you may have. Thank you. Sincerel a E. Jorgensen, P.E. EIV AUG 0 5 2010 STRUCTURAL DESIGN' LAND DEVELOPMENT' WATER SYSTEMSWASTEWATER SYSTEMS LAND SURVEYING' V v4 ' •2 y� t 9�f°1r'Jy�g`,3kS Y 'c2 � r S fi e�44LL 4 rp. Ekl "s1v�a '��w, 'sA°ft',v '� S' tof"` � �a` � '> • x y i �� C �$� n +� � � F *v. ,k F 'nrc .� iA jrl ?`Y }I� ¼'I:A I llc9—�; tgoQYpi,'if °i J.e' 'Nk. th .,nA r� met a� ° fl? ��t xt 'I It lid LI' l e m 4 e5 v 3+ r3Yd'` Ki°m>y log I : �^uk t it t '?. riK � 1t .iAv Kr ."{-std ('7'\ItJ&.' J'tfr 4 'J F. it ^.. m. II {�T ♦ J i v - x J v.e ..".affv.. 4� \ TT S .F a 4((1•'iY t Xf� NORTHWEST ARKANSAS NEWSPAPERSIJ Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED OCT 2 7 2010 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton. County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5358 October 21, 2010 Publication Charge : $ 51.88 Signed: Subscribed and sworn to before me This% ( day of O E , 2010. Notary Public ORDINANCE NO. 5358 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN RETELY ACRES, S, ATEVev! �� FOR APPROXIMATELY 11.18 ACRES, LOCATED UAT IDENPERSIMMONSTREETFROM RSF-4. 1RESIDENTIALSINGLE FAMILY,4 UNITS PER ACRE TO P-1, INSTIUTIONAL.. BE IT ORDAINED BY THE CITY. COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section t. That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single Family, 4 units par 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 ch2nge provided in Section 1 above. PASSED and APPROVED this 5th day of October; 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerWlyeasurer Exhibits for this ordinance may be viewed in the office of the City ClerWireasurer, 4Lm±4L My Commission Expires: 10.4- 20th Do not pay from Affidavit, an invoice will be sent JOSHUA M LYNCH Notary Public -Arkansas Wasnu, yon County My Commission Expires 10-28-2018 COmmissl0r 0 12368414