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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