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HomeMy WebLinkAboutOrdinance 5723I II11{11 Illlll III111{11111I11111 Ill�l lull III{I IIIII IIIII IIIII1lN111�11111 Illl Kind: ORDINANCE Recorded: 12/12/2014 at 03:03:25 PM Fee Amt; 18511n,1111 $2CountVA eQR1 of 3 Kyle Sylvester Circuit Clerk File2014-00031825 ORDINANCE NO. 5723 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4868, FOR APPROXIMATELY 10.59 ACRES, LOCATED AT 2030 SOUTH MORNINGSIDE DRIVE FROM 1-2, GENERAL INDUSTRIAL, TO I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from I-2, General Industrial, to I-1, Heavy Commercial/Light Industrial, as shown on Exhibits "A" and "B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this 2nd day of December, 2014. TEST: `— SONDRA E. SMITH, City Clerk/Treasurer ���tunon,r, �• l v ;llfr;. i;i_b,r, . ',rrrrrr�IHlllll� `'+�� 0- EXHIBIT 'A' 14-4868 EXHIBIT'B' 14-4868 PROPERTY DESCRIPTION for PARCEL #76515152000 A part of the SW% of the SE'/< of Section 22, Township 16 North, Range 30 West, being more particularly described as follows, to -wit: Beginning at the N.W. corner of the said 40 acre tract and running thence S 51010'E 545.70 feet; thence S 89023' 30"E 33.0 feet; thence S 1006'W 938.79 feet to the center of Pump Station Road; thence N 64018'30"W along the centerline of said road 516.04 feet to a point on the West boundary line of said 40 acre tract; thence N 1020'58"E 1057.73 feet to the point of beginning, containing 10.59 acres, more or less, subject to a public road right-of-way over the South and West lines of the above described tract. Washington County, AR I certify this instrument was filed on 12/12/2014 03:03:25 PM and recorded in Real Estate File Number 2 31825 Kyle Sylvester k Ci t rk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479-575-8323 TDD- j - y, 479-521-1316 Text File -- File Number: 2014-0627 Agenda Date: 12/2/2014 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C. 4 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4868, FOR APPROXIMATELY 10.59 ACRES, LOCATED AT 2030 SOUTH MORNINGSIDE DRIVE FROM I-2, GENERAL INDUSTRIAL, TO I -I, HEAVY COMMERCIAL/LIGHT INDUSTRIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from I-2, General Industrial, to I-1, Heavy Commercial/Light Industrial, as shown on Exhibits "A" and 'B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City or Fayetteville, Arkansas Page 1 Printed on 1213/2014 City of Fayetteville Staff Review Form 2014-0527 Legistar File ID 12/2/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 11/14/2014 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: 14-4868: Rezone (2030 S. MORNINGSIDE/PRISM EDUCATION CENTER, 603): Submitted by MICHAELSCHULTZfor property located at 2030 S. MORNINGSIDE. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 10.59 acres. The request is to rezone the property to 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. Budget Impact: Account Number Project Number Fund Project Title Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution 4 Original Contract Number: Comments: Approval Date: CITY OF a e i* le CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF DECEMBER 2, 2014 TO: Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner DATE: November 14, 2014 SUBJECT: 14-4868: Rezone (2030 S. MORNINGSIDEIPRISM EDUCATION CENTER, 603): Submitted by MICHAEL SCHULTZ for property located at 2030 S. MORNINGSIDE. The property is zoned I-2, GENERAL INDUSTRIAL and contains approximately 10.59 acres. The request is to rezone the property to 1-1, HEAVY COMMERCIALILIGHT INDUSTRIAL. RECOMMENDATION: The Planning Commission and City Planning Staff recommend approval of an ordinance to rezone the property to 1-1, Heavy Commercial/Light Industrial BACKGROUND: The subject property is located at 2030 S. Morningside Drive and contains approximately 10.59 acres within the 1-2 zoning district. The property is bordered on the north by Town Branch and a large portion of the site is encompassed by floodplain associated with this creek. This area has a wide range of land uses and zoning. The predominant land use along Morningside Drive is single- family homes, but the zoning includes agricultural, single-family, multi -family and industrial. Whereas, the land uses along Pump Station Road are predominantly industrial and almost every property is zoned 1-2, General Industrial. This includes an auto salvage business to the east of the subject property. City Plan 2030 Future Land Use Plan designates this site as Industrial. Industrial Areas are those areas with buildings that by their intrinsic function, disposition or configuration, cannot conform to one of the other designated areas and/or its production process requires the area to be separated from other uses. Compatibility: In staff's opinion, the 1-1 zoning district is an appropriate designation for this property. Properties to the east are comprised of heavy industrial uses and properties to the west are comprised of single-family homes. Rezoning the property to 1-1 will create an appropriate land use transition between the industrial park and residential properties along Morningside Drive. In fact, a similar buffer already exists to the south of this property along the east side of Morningside Drive. This creates a step-down in land use intensity between rural home sites and industrial properties. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On November 10, 2014 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 5-3-0, BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report EXHIBIT W 14-4868 EXHIBIT'B' 14.4868 PROPERTY DESCRIPTION for PARCEL #76515152000 A part of the SWXa of the SEX. of Section 22, Township 16 North, Range 30 West, being more particularly described as follows, to -wit: Beginning at the N,W. corner of the said 40 acre tract and running thence S 5112110'E 545.70 feet; thence S 89023' 30"E 33.0 feet; thence S 1006'W 938.79 feet to the center of Pump Station Road; thence N 64018'30"W along the centerline of said road 516.04 feet to a point on the West boundary line of said 40 acre tract; thence N 111120'58"E 1057.73 feet to the point of beginning, containing 10.59 acres, more or less, subject to a public road right-of-way over the South and West lines of the above described tract. CITY OF Tay4e vi le ARKANSAS THRU: FROM: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, Planning Director Jesse Fulcher. Senior Planner MEETING DATE: N8V8Fab8F 10, 2014 Updated November 11, 2014 SUBJECT: RZN 14-4868: Rezone (2030 S. MORNINGSIDE/PRISM EDUCATION CENTER, 603): Submitted by MICHAEL SCHULTZ for property located at 2030 S. MORNINGSIDE. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 10.59 acres. The request is to rezone the property to 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. RECOMMENDATION: Staff recommends approval of RZN 14-4868. BACKGROUND: The subject property is located at the northeast corner of Morningside Drive and Pump Station Road and is currently undeveloped. The property is bordered on the north by Town Branch and a large portion of the site is encompassed by floodplain associated with this creek. This area has a wide range of land uses and zoning. The predominant land use along Morningside Drive is single-family homes, butthe zoning includes agricultural, single-family, multi -family and industrial. Whereas the land uses along Pump Station Road are predominantly industrial and almost every property is zoned 1-2, General Industrial. This includes an auto salvage business to the east of the subject property. The surrounding zoning and land uses are depicted in Table 1. Table 1 - Surrounding Zoning and Land Use Direction from Site Land Use Zoning North Undeveloped RSF-8, Residential sin le-famil South Undeveloped 1-2, General Industrial East Auto salvage 1-2. General Industrial West Single-family residential 1-1, Heavy Commercial/Light Industrial Request: The request is to rezone the property to 1-1, Heavy Commercial/Light Industrial. The applicant has indicated to staff that their intent is to relocate Prism Education Center (a private school) to this site. Public Comment: Staff has not received any public comment. Mailing Address: 113 W. Mountain Street www.fayetteville-acgov Fayetteville, AR 72701 INFRASTRUCTURE: Streets: The site has access to Morningside Drive and Pump Station Road, both are minor arterial streets. Any improvements to these streets will be determined at the time of development. Water: Public water is accessible to the site. Two 24-inch water mains are located along the west side of the property and there is a 6-inch main along the south side of the property. Sewer: Sanitary sewer is not available to the site. There is an 8-inch sewer main approximately 400 feet east of the property that will need to be extended to the property at the owner/developer's expense. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. This property is affected by the 100-year floodplain, but not the Streamside Protection Ordinance. Fire: This development will be protected by Engine 3 located at 1050 S. Happy Hollow Road. It is 1 mile from the station with an anticipated response time of 2 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Industrial. Industrial Areas are those areas with buildings that by their intrinsic function, disposition or configuration, cannot conform to one of the other designated areas and/or its production process requires the area to be separated from other uses. DISCUSSION: FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends approval of RZN 14-4868. PLANNING COMMISSION ACTION: Required YES Date: November 10. 2014 i9 Tabled O Forwarded O Denied Motion: Second: Vote: Chesser Cook 5-3-0 (Honchell, Porter, Hoskins voting 'no') CITY COUNCIL ACTION: Required YES Date: December 2. 2014 O Approved O Denied Planning Commission G:\ETC\Cevelopment Services Review\2014\Development Review\14-4868 RZN (Prism Educatlon)\03 Planning Commissioler 10, 2014 2014\Comments and Redlines gen a Item 8 14-4868 Prism Education Ctr Page 2 of 13 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 Future Land Use Map designates the property as an Industrial area, so the 1-1 designation is consistent with land use and zoning plans. The property may be utilized for traditional industrial uses, such as manufacturing and warehousing, or uses that provide a more appropriate transition into the residential areas along the west side of Morningside. Land Use Compatibility: In staff's opinion, the 1-1 zoning district is an appropriate designation for this property. Properties to the east are comprised of heavy industrial uses and properties to the west are comprised of single-family homes. Rezoning the property to 1-1 will create an appropriate land use transition between the industrial park and residential properties along Morningside Drive. In fact, a similar buffer already exists to the south of this property along the east side of Morningside Drive. This creates a step-down in land use intensity between rural home sites and industrial properties. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion the current zoning of the property is appropriate for the area and a rezoning is not necessary. However, as indicated in the applicant's letter, the property can't be redeveloped as they desire for a school unless the zoning is changed. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to 1-2 to 1-1 could allow land uses that will increase traffic in the area. However, given the low volumes of traffic and improved streets in the area currently, it is unlikely that any new development on this property will create a dangerous traffic condition. 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: Rezoning the property to 1-1 should not have any noticeable impact on population density or create an undesirable load on public services. The Fayetteville Police and Fire Departments have reviewed and commented on this rezoning request. 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; Planning Commission G:\ETC\Development Services Reviewl20140evelopment Review114-4868 RZN (Prism Education)\03 Planning Commissio vier -er 10, 2014 2014\Comments and Redlines Benda Item 8 14-4868 Prism Education Ctr Page 3 of 13 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: N/A BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.27 & 161.28 • Fire response letter • Request letter ■ One Mile Map ■ Close Up Map • Current Land Use Map • Future Land Use Map Planning Commission GAETMDevelopment Services Review120141Development RevievA14-4868 RZN (Pdam Education)f03 Planning Commissitfropr 10, 2014 20141Comments and Redlines gentle Item 8 14-4868 Prism Education Ctr Page 4 of 13 TITLE XV UNIFIED DEVELOPMENT CODE 161.27 District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or Industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit6 Agriculture Unit 13 Eating laces Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies (2) Conditional uses. Unit 2 City-wide uses by conditional use Unit 19 .permit Commercial recreation, small sites Unit 20 Commercial recreation, large sites Onit 28 Center for collecting recyclable materials unit 36 Wireless communications facilities Unt 38 Mini -storage units 11 Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts 50 ft. Front, when adjoining C, I, or P districts 25 ft. Side, when adjoining A or R districts 50 ft. Side, when adjoining C. I, or P districts 10 ft. Rear 25 ft. (F) Height regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building which exceeds the height of 25 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 25 feet. (G) Building area. None. (Code 1965, App. A., Art. 5(VIII); Ord, No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516. 4-3-79; Ord. No. 1747, 5- 29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6- 16-98; Ord. No. 4178, 8-31-99; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord 5195, 11-6-08; Ord, 5312, 4-20-10; Ord. 5339. 8-3-10; Ord. 5353, 9-7-10; Ord. 5472; 12-20-11) CD161:23 Planning Commission November 10, 2014 Agenda Item 8 14-4868 Prism Education Ctr Page 5 of 13 161.28 District 1-2, General Industrial (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 20 Commercial recreation, large sites Unit 21 Warehousin and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 42 Clean technologies Unit 43 1 Animal boarding and training (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 31 Facilities emitting odors and facilities handling explosive Unit 36 Wireless communications facilities Unit 38 Mini -storage Units Unit 39 Auto salvage and junk yards (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts 100 ft. Front, when adjoining C, I or P districts 50 ft. Side, when adjoining A or R districts 50 ft. Side, when adjoining C. I or P districts 25 ft. Rear 25 ft. (F) Height regulations. There shall be no maximum height limits in 1-2 Districts, provided, however, that any building which exceeds the height of 25 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height In excess of 25 feet. (G) Building area. None. (Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord. No. 2516. 4-3-79; Ord. No. 1747, 6-2940; Code 1991, §160.040; Ord. No. 3971, §2, 5.21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31.99; Ord, 4992, 3-06- 07; Ord. 5028, 6-19-07: Ord. 5195, 11-6-08; Ord. 5312, 4- 20-10; Ord. 5339, 8-3-10; Ord. 5353. 9-7-10) CD161:24 Planning Commission November 10, 2014 Agenda Item 8 14-4868 Prism Education Ctr Page 6 of 13 The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fox (479)575.0471 To: Michael Schultz, Jesse Fulcher From: Will Beeks Assistant Fire Marshal Date: October 8, 2014 Re: 14-4868 This development will be protected by Ladder 3 located at 1050 S Happy Hollow Rd. It is 1 miles from the station with an anticipated response time of 2 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Will Beaks Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference) Planning Commission November 10, 2014 Agenda Item 8 14-4868 Prism Education Ctr Page 7 of 13 Written Description: 1. Current ownership information and any proposed or pending property sales. The current owner of parcel N76515152-000 is William Locke, Peyton Properties, 664 Ash St., Fayetteville AR 72703. The land is currently under contract by applicant to be sold pending upon approval of zoning change. 2. Reason (need) for requesting the zoning change Rezoning from 1-2 to I-1 is needed in order to locate a school in this area. The school currently has three separate facilities in Fayetteville. This piece of propertyfalls within the targeted zone for students served by our organization, and thus ensures accessibility for parents and students in this part of town. 3. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The use of land will not radically alter the current plans, an in fact synchronizes this property with the 1-1 zone category found in the neighboring property on both the west and south boundaries. Signage and appearance will blend with the natural environment surrounding the property. Natural elements will be left in tact as they are beneficial for our organization and for property use. Traffic flaw will slightly increase (initially approximately 150 cars between 7:30-8:15 AM daily and in the afternoons between 2:45-5:30 PM daily) during drop-off and pick-up times, but should not negatively impact the area as it is already relatively isolated. 4. Availability of water and sewer(state size of lines). This property is bounded on the west side with a 24" CIP water line and on the south with a 6"CIP water line. Sewer is located approximately 350' to the east on E. Pump Station Road and the sewer line is 8". 5. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The shiftfrom 1-2 to 1-1 is not radically differentfrom current policies and principles. Furthermore, this shift affects only the Northeast corner of the industrial zone, not the heart of the industrial park. It shifts the zoning category to the same category as that of its neighboring property and provides a milder or smoother segue between the residential property to the north and the industrial property to the south. 6. Whether the proposed zoning is justified and/or needed at the time of request The zoning is needed before purchase to ensure that the property may fulfill its intended use. 7. Whether the proposed zoning will create or appreciably increase traffic danger and congestion As stated above, traffic flow will increase slightly but the timing of traffic increase is distributed over the course of an hour in the morning and three hours in the afternoon. Therefore congestion is unlikely. 8. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Planning Commission November 10, 2014 Agenda Item 8 144868 Prism Education Ctr Page 8 of 13 The creation ofschools may typically result In Increased population density. However, that Is unlikely in this scenario as there is limited residential zoning Immediately surrounding this area with the exception of the property to the immediate north. Furthermore, property to the west that neighbors this lot Is reserved In the City's long-term plan as green space. Also the school currently draws most of the students from the south Fayetteville area and It Is unlikely that these families will relocate to be closer to the school. 9. Why Is would be Impractical to use the land for any of the uses permitted under Its existing zoning classification. Schools are not permitted under 1-2 zoning. Therefore, rezoning is notonly practical, but mandototy for this purchase. Planning Commission November 10, 2014 Agenda Item 8 14-4868 Prism Education Ctr Page 9 of 13 fFayetf eville Chamber of Commerce November 7th, 2014 City of Fayetteville Planning Commission 113 W Mountain Fayetteville, AR 72701 Dear Commissioners: It has been brought to our attention that Prism Education Center has made an application to request the rezoning of 1-2 to I-1 for the property located at 2030 S Morningside Dr in the Fayetteville Commerce District. I write to express our deep concern should this rezoning request be approved for the following reasons: • The property is located in the Fayetteville Commerce District which is designed specifically to house heavy industries in the City. With its current land use, it is not meant for schools, particularly schools for K-8th Grade. • We have large employers there with large operations and they would have small and large trucks (18 wheelers) delivering raw materials or shipping finished products coming and leaving the District in numbers and frequency much higher than other parts of the City. For example, one business located in the District has 12-20 big trucks coming to its facility a day and the number is expected to increase as it expands its operations. The property is located at a busy junction (Morningside and Pump Station) where many truck drivers who use the GPS system will turn into this junction. Both Momingside Rd and Pump Station are not roads with 4 lanes. This junction currently has challenges such as the road widths being not wide enough and the view that could potentially be blocked by the trees, shrubs, etc. Additionally, there is no traffic light at this junction to help control traffic. So, the idea of putting a primary to middle school right at this corner is not a good one as it exposes the children to potential danger associated with this junction. Tenants in the District such as Superior Industries, AAF, Marshalltown Company, Bright Technology, USPS, etc. all have hundreds of employees each and they work in shifts. During shift changes, there are hundreds of car coming or leaving the District. Morningside, Pump Station and S. Armstrong are the arterial roads for the District and so all these cars will be driving by the school. 123 West Mountain • P.O. Box 4216 • Fayetteville, AR 72702-4210 TEL 479. 521. 1710 -FAX 479. 1791 - www.fayettevillear.com The Commerce District is a district meant for heavy industries and the proposed site, in particular, is not suitable for a school for children. Respectfully, - Steve Clark President & CEO RZN14-4868 PRISM EDUCATION CENTER One Mile View r� Riillr-6 01. .` f�L_- f` J - -a SUBJECT PROPERTY tii'•s u JAW —y cr P RSF 4 I .I f, •• PRIVATE 3375 1 Overview Legend Subject Property �• . r Boundary r i 41, 0.25 0.5 1 41es Planning Commissi n 14-4868 Prism Education Ctr Page 10 of 13 14-4868 Prism Education Ctr Page 11 of 13 Agenda Item 8 14-4868 Prism Education Ctr Page 12 of 13 14-4868 Prism Education Ctr Page 13 of 13 ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 14-4868, FOR APPROXIMATELY 10.59 ACRES, LOCATED AT 2030 SOUTH MORNINGSIDE DRIVE FROM I-2, GENERAL INDUSTRIAL, TO I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property from I-2, General Industrial, to I-1, Heavy Commercial/Light Industrial, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED this APPROVED: By: LIONELD JORDAN, Mayor day of 2014. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE AS 11MES NEWSPME16LLC BENTONNCOUNTY ORTHWEST DAILYRECORD 212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5723 Was inserted in the Regular Editions on: December 11, 2014 Publication Charges: $ 77.82 qjzx� Karen Caler Subscribed and sworn to before me This 6- day of 2014. 021--:L Notary Public My Commission Expires: ZI2a CATHY WILES E kansas - Benton County Public • Comm# 1239711Emission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED DEC 18 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE s: > That,the City, Council of the City of Fayetteville Arkansas�berehy kq,zone classifiFation of -the followlRg`descnbe[t propertyrtftbm 12," dusmal, to.1 1; Heavy Corn nerciaUU�hCindushial s; shown un` anf ,`B" attached hereto and made a f?a hereof That tbe"Glt(Council of the City of Fayetteville, Arkansas heietiy: a official -zoning map of the City of Fayetteville to reflect the zoning: )Video in'Section 1?- nd APPROVED this 2nd day of December, 2014. J: ATTEST: sy: