HomeMy WebLinkAboutOrdinance 5255 ORDINANCE NO. 5255
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 09-3318, FOR APPROXIMATELY 32.53
ACRES, LOCATED ON THE WEST SIDE OF CROSSOVER ROAD,
APPROXIMATELY 0.50 MILE NORTH OF HIGHWAY 16E, NORTHEAST
OF HAPPY HOLLOW ELEMENTARY SCHOOL FROM RSP-4,
RESIDENTIAL SINGLE FAMILY FOUR UNITS/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 Four Units/Acre to P-1,
Institutional, as shown and described on attached exhibits "A" and
«B„
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.
�e Y 0F.
PASSED and APPROVED this 21s'day of July, 2009. s
a ;FAYETTEVILLE;
APPROVED: ATTEST:
By: / By: G7"( tv
LIOALD JO , Mayor SO DRA E. SMITH, City6erk/Yreasurer
Exhibit "A"
RZN09-3318 HAPPY HOLLOW SCHOOL/ CROSSOVER RD
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Ordinance 5255
EXHIBIT "B"
RZN 09-3318
LEGAL DESCRIPTION: (RSF-4 TO P-D
PART OF THE NW1/4 OF THE SEI/4 AND PART OF THE SWI/4 OF THE SEI/4 ALL IN
SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NW CORNER OF SAID NW 1/4 OF THE SEI/4, SAID POINT BEING
AN EXISTING STONE MONUMENT;
THENCE ALONG THE NORTH LINE OF SAID NWI/4 OF THE SEI/4 S86°59'10"E 905.56
FEET; THENCE DEPARTING SAID NORTH LINE S03°17'49"E 22.40 FEET;
THENCE S28006'59"W 139.04 FEET; THENCE SO1°58'59"W 326.88 FEET;
THENCE S02021'05"W 128.21 FEET; THENCE S08°56'42"W 464.92 FEET;
THENCE S87°24'11"E 54.89 FEET; THENCE S02°35'49"W 595.29 FEET T"O THF SOUTH
LINE OF THE N1/4 OF SAID SW 1/4 OF THE SEI/4; THENCE ALONG SAID SOUTH LINE
N87024'11"W 862.24 FEET TO THE WEST LINE OF SAID SEI/4;
THENCE ALONG SAID WEST LINE NO2049'46"E 1666.79 FEET TO TI3E POINT OF
BEGINNING CONTAINING 1416964 SQ. FT. OR 32.53 ACRES, MORE OR LESS.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/21/2009
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 09-3318: (Happy Hollow School, 527): Submitted by Crafton, Tull, Sparks and Associates for property located
on the west side of Crossover Road, approximately 0.5 mile north of Highway 16E, northeast of Happy Hollow
Elementary. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately
32.53 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
y r l N,7ST Previous Ordinance or Resolution#
DepartmDt� ctor Date
Original Contract Date:
L43 ' t , Oct Original Contract Number:
City Attorney Date
` " a. �a.�r� 6.�� 2009
Finance and Internal Services Director Date Received in City
Clerk's Office
Chief of to dateg
� Received in EI1t D�� r j
Mayor's Office
ayor
Comments:
Revised January 15, 2009
City Council Meeting of July 21, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy C. Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: June 24, 2009
Subject: Rezoning for Happy Hollow Elementary (RZN 09-3318)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-family to P-1, Institutional located on the west side of
Crossover Road approximately 0.5 mile north of Highway 16E and northeast of Happy
Hollow Elementary.
BACKGROUND
The subject property contains 32.53 acres on the west side of Crossover Road, approximately
0.5 mile north of Huntsville Road. The property is part of a larger 42.44 acre site; the subject
32.53 acres is the potential site for the new Happy Hollow Elementary School. On June 11,
2009 the Subdivision Committee approved LSP 09-3315 (Happy Hollow School) to create
three legal Tots of record, including the interior elementary school lot and the two lots totaling
9.31 acres along Crossover Road. The property is bordered by the Cliffs Apartments to the
north, Eastside Baptist Church to the east, the Timber Trails Subdivision to the west, and
single family residential to the east and south.
The applicant proposes to rezone the property from RSP-4, Residential single-family to P-1,
Institutional for the development of the new Happy Hollow Elementary School.
DISCUSSION
This item was heard at the regular Planning Commission meeting on June 22, 2009. The
Planning Commission voted 6-0-1 (Kennedy recused) to forward this rezoning request to the
City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3318, FOR
APPROXIMATELY 32.53 ACRES, LOCATED ON THE WEST
SIDE OF CROSSOVER ROAD, APPROXIMATELY 0.50 MILE
NORTH OF HIGHWAY 16E, NORTHEAST OF HAPPY
HOLLOW ELEMENTARY SCHOOL FROM RSP-4,
RESIDENTIAL SINGLE FAMILY FOUR UNITS/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 Four Units/Acre
to P-1, Institutional, as shown and described on attached
exhibits "A" and `B".
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 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
RZN09-3318 HAPPY HOLLOW SCHOOL/ CROSSOVER RD
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EXHIBIT "B"
RZN 09-3318
LEGAL, DESCRIPTION: (RSF-4 TO P-1)
PART OF THE NW 1/4 OF THE SEI/4 AND PART OF THE SWI/4 OF THE SEI/4 ALL IN
SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NW CORNER OF SAID NW 1/4 OF THE SEI/4, SAID POINT BEING
AN EXISTING STONE MONUMENT;
THENCE ALONG THE NORTH LINE OF SAID NWl/4 OF THE SEI/4 S86059'10"E 905.56
FEET; TFIENCE DEPARTING SAID NORTH LINE S03°17'49"E 22.40 FEET;
THENCE S28006'59"W 139.04 FEET; THENCE SOI°58'59"W 326.88 FEET;
THENCE S02021'05"W 128.21 FEET; THENCE S08°56'42"W 464.92 FEET;
THENCE S87024'1 I"E 54.89 FEET; THENCE S02°35'49"W 595.29 FEET TO THE SOUTH
LINE OF THE NI/4 OF SAID SWI/4 OF THE SEI/4; THENCE ALONG SAID SOUTH LINE
N87°24'11"W 862.24 FEET TO THE WEST LINE OF SAID SEI/4;
THENCE ALONG SAID WEST LINE NO2049'46"E 1666.79 FEET TO THE POINT OF
BEGINNING CONTAINING 1416964 SQ. FT. OR 32.53 ACRES, MORE OR LESS.
'T —Ile
ayZtr
AS PC Meeting of June 22, 2009
NPoKA�S
THE CITY OF FAYETTEVILLE, ARKANSAS 2� e le, AR
01
P�ycttcvillc; AI2 72701
Telephone: (479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: T,.., � Updaded June 24 2009
RZN 09-3318: (HAPPY HOLLOW SCHOOL / CROSSOVER RD., 527): Submitted by
CRAFTON, TULL, SPARKS &ASSOC. for property located at 0.50 MILES N OF I-IWY 16E, W
OF CROSSOVER ROAD, NE OF HAPPY HOLLOW SCHOOL. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 32.53 acres. The request is to
rezone the subject property to P-1, Institutional. Planner:Andrew Garner
Property: The subject property contains 32.53 acres on the west side of Crossover Road,
approximately 0.5-mile north of Huntsville Road. The site is largely undeveloped with the exception
of an abandoned house and existing barn. There is a north-south trending stream/floodplain that
traverses the property. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Land Use Zoning
Site
North Multi-Family Residential Cliffs Apartments) RSF-4
South Undeveloped pasture RSF-4
East Single Family Residential; Eastside Baptist Church RSF-4
West Happy Hollow Elementary School; Timber Trails Subdivision P-1; R-PZD
The property is part of a larger 42.44 acre site,the subject 32.53 acres is the potential site for the new
Happy Hollow Elementary School. On June 11,2009 the Subdivision Committee approved LSP 09-
3315 (Happy Hollow School) to create three legal lots of record, including the interior elementary
school lot and the two lots totaling 9.31 acres along Crossover Road.
Proposal: The applicant proposes to rezone the subject property from RSF-4 to P-1,Institutional to
allow for the development of the new Happy Hollow Elementary School.
Public Comment. Staff has received a couple of phone calls expressing concern regarding
commercial zoning along Crossover Road, but has not received any objections to the P-1,
Institutional zoning.
K:U?el)or(sk2009iPC Rel)o,tsII5-June 22TZA'09-3318(HpppyHollomGlemenmry).doe
INFRASTRUCTURE:
Streets: The site has access to Peppervine Street and Crossover Road. Crossover Road is a fully
improved multi-lane state highway in this location. Peppervine is an improved paved two lane
city street at this property. Street improvements will need to be evaluated at the time of
development.
Water: Public water is available to the property. There is a 24"main along Crossover Road. Public
water will need to be extended through the property to provide domestic and fire flow for any
proposed development.
Sewer: Sanitary sewer is available to the site. There is a 10"running through this property. Public
mains may need to be extended through the property to serve any proposed development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the 100-year floodplain.
Fire: At the time of publication of this report no comments were provided from the Fire
Department.
Police:It is the opinion of the Fayetteville Police Department that this rezoning will not substantially
alter the population density, create an undesirable increase in load on police services, or create an
undesirable increase in traffic danger and congestion.
CITYPLAN2025 FUTURELAND USEPLAN:City Plan 2025 Future Land Use Plan designates
a majority of this site as Residential Area, which recognizes conventional subdivision development
but encourages traditional neighborhood development that incorporates low-intensity non-
residential uses. Rezoning this property to P-1 to permit the construction of a new elementary
adjacent to the old elementary school is consistent with the Residential Area designation cis an
elementary school is apart ofa complete residential neighborhood, and the existing Happy Hollow
Elementary School is an established institutional use in this area. Floodplain traversing this
property are identified as Natural Area. These sensitive areas will be reviewed in detail at the time
of development to ensure that they are incorporated into the design of the project to minimize
impacts.
RECOMMENDATION:
Staff recommends approval of the rezoning request RZN 09-3318 (Happy Hollow Elementary)to P-
1, Institutional based on findings stated herein.
K.Wepore5120091RC Reporfsl 5-June 221R7A'09-3318(Happpl-rollou,Elemeruaiy).doc
PLANNING COMMISSION ACTION: Required YES
❑Approved X Forwarded ❑ Denied
Motion: Mvres Second: Zant Vote: 6-0-1 (Kennedy recused)
Date: June 22, 2009
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date: July 21, 2009 (Is' reading if recommended)
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 zoning is consistent with the City's Residential Neighborhood
Area land use designation to encourage traditional neighborhood development
that incorporates non-residential uses, including schools. Based on the City's
adopted land use planning objectives and principles,staff finds that the subject
property,with access to a Principal Arterial,Crossover Road,in close proximity
to the major signalized intersection of Crossover Road/Happy Hollow Road,
surrounded by multi-family,single family,and church uses,and adjacent to the
existing Happy Hollow Elementary school, is an appropriate location for an
institutional use, and would be a better location for a school than the existing
Happy Hollow Elementary School because of direct access to Crossover Road
that would be provided.
Staff finds that the request to rezone to P-1, Institutional is an appropriate
designation for future development on the property.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Institutional uses provide a service to the citizens of Fayetteville and are a vital
piece of a complete neighborhood. Rezoning this site to P-1, Institutional is
needed in anticipation of a new elementary school being constructed on the
property. The Fayetteville School District has identified a need to build a new
elementary school to replace the existing Happy Hollow Elementary School.
Staff finds that the proposed zoning is justified and needed to allow for the
Fayetteville School District to adapt and continue serving the education needs in
a growing community.
While the site could be developed for a school with a conditional use permit(Use
Unit 4) under the existing RSF-4 zoning,staff finds that the rezoning request is
K:IReporls120091PC Repm9sl15-June 221RZN 09-3318(Happ)ilollov8lenre�?larj).doc
justified in order for the underlying zoning to accurately reflect the future land
use and permit adequate signage, require increased building setbacks,etc.,that
would not be applicable under the RSF-4 zoning.
Staff recommends in favor of the rezoning request, finding that rezoning the
property to P-1,Institutional,which allows city-wide uses(Use Unit 1),cultural
and recreational facilities (Use Unit 4), and government facilities (Use Unit 5)
would be compatible with surrounding land uses and zoning. Future
development on the site under P-1 would be compatible under the City's
standard development regulations.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning has the potential to generate a substantially greater
amount of traffic on the surrounding street system over the existing RSF-4
zoning because of the school and other institutional uses that would be
permitted. However,due to this site being located directly on an improved state
highway and in the vicinity of a signalized intersection, the existing street
infrastructure is adequate. Staff does not find that this rezoning would
appreciably increase traffic danger or congestion. Access points would be
reviewed in conformance with the Access Management Ordinance at the time of
development to ensure safe ingress and egress. Street improvements and new
street connections through the site would be evaluated and required at the time
of development consistent with City ordinance. Further,by moving the existing
Happy Hollow Elementary school to the proposed site, access and traffic flow
would be improved with access off of a principal arterial,Crossover Road,and
a secondary point of access off of Peppervine Street.The existing Happy Hollow
Elementary School is accessed entirely off of local streets that become congested
at peak hours.
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, Fire, and Police Departments are
included in this report.
K.IReporls120091PC Reports I I 5-June 221RZN 09-3318(HnppydiollouE7en+enluy).doe
