HomeMy WebLinkAboutOrdinance 5349 IiiVilli�lliiliillliiililliiilidiliiililhiillfiiiillllllllllllllllll
Doo- ID: 013696300003 Type. REL
Kind: ORDINANCE
FeeoAmt: $25.0/Pace St of2320:48 PM
Mashinoton Countv. AS
Bette at amps Circuit Clerk
Fi1e2010-00030351
ORDINANCE NO.5349
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 10-3625,FOR APPROXIMATELY 2.25 ACRES,LOCATED ON THE
SOUTH SIDE OF PERSIMMON STREET, NORTHWEST OF OWL CREEK
ELEMENTARY SCHOOL 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 7s'day of September,2010.
APPROVED: ATTEST:
By:
O LD JO ,Mayor SONDRA E. SMITH,City-Clerk/Treasurer
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FAY ETTEVILLE•
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I certify thisinstrument was tiled on
10/14/2010' 02:20:48 PM
and recorded in Real Estate
File Number 2010-00030351
Bette Stamps- Circuit CI k4
EXHIBIT "Al"
RZNIO-3625 CEDAR CREST ACADEMY
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Hillside-Hilltop Overlay District
Design Overlay Di trict
Design Overlay Di trict
------ Planning Area
Fayetteville
0 ao 300 600 900 0081
EXHIBIT "B"
RZN 10-3625
A PART OF LOT 3 OF CROSS KEYS SUBDIVISION PHASE 21N FAYETTEVILLE, ARKANSAS,
AS PER PLAT ON FILE IN THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS AND ALSO BEING A PART OF THE NEIA OF THE
NW 1/4 OF SECTION 13, TI 6N, R31 W AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NE CORNER OF SAID LOT 3 THENCE S02°50'19W 18.70 FEET,
THENCE S40013'06"W 385.17 FEET, THENCE N87°09'41"W 213.97 FEET, THENCE NO2°50'19"E
299.51 FEET, THENCE S87°04'20"E 428.00 TO THE P.O.B.; CONTAINING 2.25 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
9/7/2010
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 10-3625: (Cedar Crest Academy, 478): Submitted by Dave Jorgensen for property located on the south side of
Persimmon Street, northwest of Owl Creek Elementary School. The property is zoned RSF-4, Residential Single-
Family, 4 units per acre, and contains approximately 2.25 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
11�L.' -(� i Previous Ordinance or Resolution#
Department Di ctor Date
Original Contract Date:
10 Original Contract Number:
City Attorney Date
R.J Q . [�..� 13 12.2Alo
Finance and Internal Services Director Date Received in City
Clerk's Office 0a_t 10AO9 2G R C V D
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Chie'#of St Date
Received in
Mayor's OfficeL11D3 N3
Ma r Da e
Comments:
Revised January 15, 2009
THE CITY OF FAYE I I EVILLE,ARKANSAS
,;ay;e 'Me DEPARTMIPNTCORRGSPONDENCE
A AK AN ,!,
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: August 11, 2010
Subject: RZN 10-3625 Cedar Crest Academy
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 (RZ,N 10-3625).
BACKGROUND
The subject 2.25-acre property is located southwest of the intersection of Rupple Road and Persimmon Street,
between Owl Creek Elementary School and the Gardens on Persimmon Nursing Home. The site is undeveloped
and is adjacent to Owl Creek and its associated floodplain along the eastern and southern portions of the site.
The applicant requests to rezone the property from RSF-4, Residential Single Family Four Units Per Acre to P-
1, Institutional in order to allow for the development of a private school on the site. A private school is allowed
by conditional use permit in the RSP-4 zoning district; however, as indicated in the applicant's letter, the City
sign ordinance would not permit a sign in the RSF-4 zoning district. In addition, where the Future Land Use
Plan supports the land use, rezoning property to fit the intended use as a permitted use rather than a conditional
use is in accordance with the City's adopted policies.
DISCUSSION
On August 9, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for
approval with a vote of 6-0-1 (Lack recused).
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 10-3625, FOR
APPROXIMATELY 2.25 ACRES, LOCA"T"ED ON THE SOUTH
SIDE OF PERSIMMON STREET, NORTHWEST OF OWL
CREEK ELEMENTARY SCHOOL 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 I above.
PASSED and APPROVED this day of 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "B"
RZN 10-3625
A PART OF LOT 3 OF CROSS KEYS SUBDIVISION PHASE 2 IN FAYETTEVILLE,
ARKANSAS, AS PER PLAT ON FILE IN THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS AND ALSO BEING A PART OF
THE NEI/4 OF THE NWI/4 OF SECTION 13, '1-16N, R31 W AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF
SAID LOT 3 THENCE S02050'19W 18.70 FEET, THENCE S40°13'06"W 385.17 FEET,
THENCE N87009'41"W 213.97 FEET, THENCE NO2-50'I 9"E 299.51 FEET, THENCE
S87004'20"E 428.00 TO THE P.O.B.; CONTAINING 2.25 ACRES MORE OR LESS SUI3JECT
TO EASEMENTS AND RIGHT OF WAY OF RECORD.
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«I PC Meeting of August 9, 2010
I Iil_: CI'l'Y OF 1 Al's"1'TFVILLEi. ARKANSAS
125 W. Mountain St.
1'ayettevillc,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-5267
TO: Fayetteville Subdivision Committee
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: ^' � �n'n Updated August 10 2010
RZN 10-3625: Rezone (CEDAR CREST ACADEMY/PERSIMMON, 478): Submitted by
DAVE JORGENSEN for property located on the SOUTH SIDE OF PERSIMMON STREET,
WEST OF OWL CREEK ELEMENTARY SCHOOL. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNIT/ACRE and contains approximately 2.25 acres. The request is to rezone the
subject property to P-1, Institutional. Planner: Andrew Garner
BACKGROUND:
Property Description. The subject 2.25-acre property is located southwest of the intersection of
Rupple Road and Persimmon, between Owl Creek Elementary School and the Gardens on
Persimmon Nursing Home. The site is undeveloped and is adjacent to Owl Creek and its
associated floodplain along the eastern and southern portions of the site.
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North Ru le Row single family subdivision R-PZD
South Undeveloped/Owl Creek floodplain R-A
East Owl Creek Elementary School/Owl Creek floodplain R-A
West Gardens on Persimmon Nursin r Home RSF-4
Request: The applicant requests to rezone the property from RSF-4, Residential Single Family
Four Units Per Acre to P-1, Institutional in order to allow for the development of a private school
on the site. A private school is allowed by conditional use permit in the RSF-4 zoning district;
however, as indicated in the applicant's letter, the City sign ordinance would not permit a sign in
the RSF-4 zoning district. The applicant's primary reason for the rezoning is to allow for a
school with a sign by right.
Public Comment: Staff has not received public comment.
G:IETCI Development services Review120101Uevelopmenl RevieivV 03625 PZN 1'ersin iron.St.Cedar Cresl Acadenryl03-Planning
Comnrission108-09-101Conunervts and Redlines
RECOMMENDATION:
Staff recommends forwarding the rezoning request (RLN 10-3625 Cedar Crest Academy) to the
City Council with a recommendation of approval based on findings stated herein.
PLANNING COMMISSION ACTION: Required YES -
Date: August 9, 2010 ❑ Tabled X Forwarded ❑ Denied
Motion: Kennedy Second: Hoskins Vote: 6-0-1 (Lack recused)
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date:
A
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. Street improvements will be
evaluated with development submittal.
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. Public water main
improvements may 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 an 8" public main located along
the south side of Persimmon Street directly in front of this property. The existing
sanitary sewer may need to be analyzed to ensure that it has adequate capacity to
serve a future development on this lot. 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 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.
G:IETCI Development Services Revieu,I20101Development Revieivll0-3625 PZN Pershnnion SL Cedar Crest Acadenry103-Planning
CounnisshinI08-09-1OIConnnents and Redlines
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.
CITY PLAN 2025 FUTURE LAND USE PLAN: City flan 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'Payetteville 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 nursing home, a community center,
and a single family neighborhood, would be appropriately regulated under the
P-1 zoning district and would contribute to the development of this area as an
institutional cluster providing public institutional services to the needs of
citizens on the west side of the City of Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The subject property could be developed under the current RSF-4 zoning,
however, a number of residential neighborhoods have been developed along the
Wedington Avenue/State Highway 16 corridor west of I-540 over the past 10
years. This resulted in a large number of residents in this area without adequate
public services in close proximity to their homes. This deficiency in non-
residential services was identified as part of City Plan 2025. The Future Land
Use Plan therefore identified several areas for non-residential services on the
west side of the City. The subject property was identified as 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 between two existing
institutional uses 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
G:IETCIDevelopment Services Revleiv120101Developn+ent Revierv110-3625 PM Persimmon St.Cedar Crest Aeademy103-Planning
Commission108-09-1 OICommems and 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. T'he surrounding street system is capable of
supporting additional traffic that would be generated by the proposed zoning.
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:IEXIDevelopment Services Revieiv120101Development Revieiv110-3625 PZN Persinunon St.Cedar Crest rlcadenry103-Pluming
Comaission108-09-1 MComments and Redlines