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HomeMy WebLinkAboutOrdinance 5647I✓11II1I111N1 III I111I1111INMllllll11111IIIIIl1N1lINIlNllINIIIIIB IIINIII DOC 7D: 015571770003 Type; pEL Feek1no rdedr01%27/2024 at 10 08;58 AM Was Amt: $25.00 Pape 1 Of 3 Kyle16y1vesterrClrcult Clark F11a2014-00001956 ORDINANCE NO. 5647 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4546, FOR APPROXIMATELY 2.07 ACRES, LOCATED AT 4377 HUNTSVILLE ROAD 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 City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property 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 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 7th day of January, 2014. APPROVED: U ATTEST: By: fiJQ G Z SONDRA E. SMITH, City Clerk/Treasurer \11111r111111,// d EXHIBIT "A" EXHIBIT °B" RZN 13-4546 LEGAL DESCRIPTION (PARCELS # 765-13103-000 & 765-13105-000) PART OF THE SE1/4, NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE SE CONER OF SAID SE1A, NWI/4 THENCE NORTH 531.96 FEET, THENCE N 56-30-W 390.00 FEET TO THE POB; THENCE ALONG THE SOUTH RIGHT OF WAY OF HWY 16 N 56°30'W 230.00 FEET, THENCE LEAVING SAID RNV S33030'W 300.00 FEET, THENCE S 56°30'E 230.00 FEET, THENCE N 33030'E 300.00 FEET TO THE POB CONTAINING 2.07 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY Washington County, AR I certify this instrument was filed on 01/27/2014 10:08:58 AM and recorded in Real Estate File Number 2014-00001956 Kyle Sylvester- Circuit Clerk by City of Fayetteville Item Review Form Legistar File Number 01 /07/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Quin Thompson Development Services Submitted By Department Action Required: RZN 13-4546: Rezone (4377 HUNTSVILLE RD./BALDWIN CHURCH OF CHRIST, 569): Submitted by JORGENSEN AND ASSOCIATES for property located at 4377 HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 2.07 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Does this item have a cost? FNO Cost of this request Account Number Category or Project Budget Funds Used to Date b 1 11 Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? = Budget Adjustment Attached? = Previous Ordinance or Resolution # Original Contract Number: Comments: otu WJ/ V20130812 i7 -t6-II THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Man•, Chief of Staff Andrew Garner, Director of Planning From: Quin Thompson, Current Planner Date: December 16, 2013 Subject: RZN 13-4546: Rezone (4377 HUNTSVILLE ROAD/BALDWIN CHURCH OF CHRIST) RECOMMENDATION: The Planning Commission and Planning Division staff recommend approval of an ordinance to rezone the property to P-1, Institutional. BACKGROUND: The subject property is located at 4377 Huntsville Road. The property is within the RSF-4 (Residential Single-Family/4 units per acre) zoning district and contains two lots totaling approximately 2.07 acres. The property has been in use by the Baldwin Church of Christ for more than 60 years, and is considered an existing and non -conforming use in the zoning district. The church would like to construct a new sign of a type that is not allowed within the RSF-4 zoning district, and there is no path to seek a variance of the ordinance. The Church is therefore seeking to rezone the property to P-1, Institutional in order to bring the use into conformance with the zoning and to allow for the new sign. CITY PLAN 2030 FUTURE LAND USE MAP: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. These areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood. COMPATIBILITY: Baldwin Church of Christ has been a part of this neighborhood for approximately 60 years; no change in that use is proposed. The use and proposed zoning are compatible with the City Plan 2030, which encourages low -intensity non-residential uses intended to serve the surrounding neighborhood. Small community churches in general, and the Baldwin Church of Christ in particular, meet this goal of City Plan 2030. The proposal to rezone the property to P-1, Institutional will bring the property and use into alignment with zoning ordinance and remove an existing non -conformity. DISCUSSION: On December 09, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 8-0-0. BUDGET IMPACT: None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 13-4546, FOR APPROXIMATELY 2.07 ACRES, LOCATED AT 4377 HUNTSVILLE ROAD 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 City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the following described property 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 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: LIONELD JORDAN, Mayor day of , 2013. ATTEST: M SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" EXHIBIT "B" RZN 13-4546 LEGAL DESCRIPTION (PARCELS # 765-13103-000 & 765-13105-000) PART OF T14E SE1/4, NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE SE CONER OF SAID SE1/4, NW 1/4 THENCE NORTH 531.96 FEET, THENCE N 56°30'W 390.00 FEET TO THE POB; THENCE ALONG THE SOUTH RIGHT OF WAY OF HWY 16 N 56°30'W 230.00 FEET, THENCE LEAVING SAID RAN S33030'W 300.00 FEET, THENCE S 56°30'E 230.00 FEET, THENCE N 33030'E 300.00 FEET TO THE POB CONTAINING 2.07 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY eville ARk,NA1A]Fa e PC Meeting of December 09 2013 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, Planning Director DATE: Deee>�. '-e:�"--,� UPDATED 12-18-2013 RZN 13-4546: Rezone (4377 HUNTSVILLE ROAD/BALDWIN CHURCH OF CHRIST, 569): Submitted by JORGENSEN & ASSOCIATES for property located at 4377 HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY FOUR UNITS PER ACRE and contains approximately 2.07 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Planner: Quin Thompson BACKGROUND: Property and Background: The subject property is located on the south side of Huntsville Road (AR 16 E) at 4377 Huntsville Road. The property is within the RSF-4 zoning district and contains two lots totaling approximately 2.07 acres. The property is currently developed, and contains a church that has been on the property for over 60 many years. Surrounding land use and zoning is depicted on Table 1. Table 7 Surroundin Land Use and Zoning Direction from Site Land Use Zoning North Single Family Residential R-O, Residential Office South Undeveloped None (Washington County) East Single Family Residential RSF-4, Residential Single -Family, 4 units per acre West Single Family Residential RSF-4, Residential Single -Family, 4 units per acre Request: The request is to rezone the property from RSF-4, Residential Single Family to P-1, Institutional for the installation of a new sign for the existing church. The sign limitation in RDF- 4 does not allow the size/type of sign desired by the church and there is not a sign variance option. Public Comment: Staff has not received public comment. G: IETCIDevelopment Services Review120131DevelopmetilReviewll3-4546 RZN 4377E Huntsville Rd (Baldwin Church ofChrisl)103 Planning Commissionll2-09-20131Commen4 and Redlines RECOMMENDATION: Staff recommends forwarding RZN 13-4546 to the City Council with a recommendation for approval based on findings stated herein. PLANNING COMMISSION ACTION: Required YES December 09, 2013 O Tabled Cook Second: Chesser COUNCIL ACTION: O Approved 07, 2013 INFRASTRUCTURE: X Forwarded O Denied Vote: 8-0-0 Required YES O Denied Streets: The site has access to State Highway 16 (Huntsville Road). State Highway 16 is a two lane, unimproved, open -ditch road and any required improvements to the road would be determined at the time of re -development. Water: Public water is available to the property. There is an 8" water main along State Highway 16 on the northeast side of this property. Sewer: Sanitary sewer is available to the site. There is a 6" sewer main that runs across the southwest portion of the parcels, through the existing parking lot. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain or the Streamside Protection Zones. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily GIETCIDevelopnient Services Review120l3tDewlapme,,t ReviewU3-4546 RZN4377 E Htousville Rd (Baldwin Church ofChrist)103 Planning Commissionll2-09-20131Comments and Redlines and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on comers and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. 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: This property has been used by the Baldwin Church of Christ for many years. The proposal to rezone the property to P-1, Institutional will allow the existing church use to be brought into zoning compliance and allow for the type of new sign desired by the church. The City Plan 2030 Future Land Use Map designates this area as Residential Neighborhood Area. Non-residential uses intended to serve the neighborhood such as a church are permitted in the P-1 zone, and are consistent with this designation. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning is justified by the fact that the property has been in constant use by the Baldwin Church of Christ for many years, and the approved rezone would bring the property into zoning compliance with the existing use. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site access has access to Huntsville Road, an unimproved two lane State Highway. The proposed zoning would allow an existing use by right, and is unlikely that increase traffic danger or congestion would be appreciably increased. Street improvements will be assessed at the time of future development. 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 from residential to institutional use should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. G:IETCIDevelopmenl Services Review120130evelopmenl ReviewV3-4546 RZN4377 E Hanlaville Rd (Baldwin Church ofChrisl)103 Plamring Commission112-09-20131Commenls and Redlines 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: N/A G:IETCIDevelopment Services Rmew120130evelopmenl Review113-4546 RZN4377 E Hantsvilie Rd (Baldwin Church ofChrist)103 Planning Commission112-09-20131Comments and Redlines Unified Development Code Chapter 161: Zoning Regulations 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 1 City-wide uses by right Unit 8 1 Sin le-famil dwellin s 11 Unit 41 1 Accesso dwellin s (2) Conditional uses. Unit 2 Cit -wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Units Government facilities Unit 9 Two-family dwellin s Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C) Density. Single-family dwellings I Two-family I dwellings Uniis er acre 4 or less 1 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. k. 6,000 sq. ft. dwellin unit (E) Setback requirements. G. IETCIDevelopment Services Review120130evelopment Review113-4546 RZN4377 EHrmtsvdle Rd (Baldwin Church ofChri$0103 Planning Commission 112-09-20131Commenis and Redlines 11 Front Side Rear 11 15 ft. 5 ft.1 15 ft. (F) Building height regulations. 11 Building Hek ht Maximum 1 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. At 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; Ord. 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; Ord. 5462, 12-6-11) 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 Cit -wide uses by right Unit 4 Cultural and recreational facilities 11 Unit 5 1 Government facilities (2) Conditional uses. Unit 2 City-wide uses by conditional use pemit Unit 3 Public protaction 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 130 ft. Front, if parking is allowed between the right- 50 ft of-wayand the building Side 1 20 ft. G:IETCIDevelopn+ent Services Reviewl20131Development Reviewll3-4546 RZN4377 EHantsville Rd (Baldwin Church ofChrisr)103 Planning Commission112-09-20131Commenes and Redlines Side, when contiguous to a residential district 25 ft. Rear 25 ft 11 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. (Code 1965, App. A., An. 5(XI); Ord. No. 2603; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, § 160,042; Ord. No. 4100, §2 (Ex- A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 5073, 11-06-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10) GAEMDevelopment Services Review120131Developmenl Review113-4546 RZN4377 EHurrlsville Rd (Baldwin Church ofChrist)103 Planning Commissionll2-09-20131Commenls and Redlines JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 ' FAYETTEVILLE, ARKANSAS 72703 ' (479) 442-9127 • FAX (479) 58214807 DAVID L. JORGENSEN, P.E., P.L.S. JUSM I.. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. City of Fayetteville 10/15/13 113 W. Mountain Fayetteville, AR 72701 Att: Jesse Fulcher Re : Rezoning for Baldwin Church of Christ Attached please find an application for the rezoning for the Baldwin Church of Christ. The request is to rezone from RSF-4 to P-1 for the installation of a sign. Please call concerning any questions you may have. Thank you. Sincerely; 1 David L. Jo g nsen, P.E. PUBLIC WORKS' LAND DEVELOPMENT' WATER SYSTEMS' WAS'MWATER SYSTEMS' LAND SURVEYING' aRKAN5A5 Zoning Review To: Quin Thompson From: Harley Hunt Date: November 13, 2013 Re: RZN 13-4546 THE CITY OF FAYETTEVILLE, ARKANSAS PARTMENT IV 303 West West Center Street Fayetteville, AR 72701 P (479) 575-8365 F (479) 575-0471 This development will be protected by Ladder 3 located at 1050 S. Happy Hollow. It is 4 miles from the station with an anticipated response time of 5 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. Battalion Chief H. Hunt Fire Marshal Fayetteville Fire Department Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 RZN13-4546 BALDWIN CHURCH OF CHRIST One We View 0 { J LLl f S l.IF�.S � JJJjjj - MAN i2LT_ UJ x 7 ■ �* x $ RA R.A •a aRgF4 P R RA _ Rd •, ¢ RSF-7 ' a l AwNOALDR ❑ RaF' SUBJECT PROPERRSF F4 TY j 9SF-4 9F.4 ❑ , �- -0 a '`r• ' RPMR$F4 RA J RA z •. FSF i RSF J 2Iu R6FA C�~ J v 1. j �' ¢ dr R A RSF.4 4 CW a } f RSF- RSF N �_ R.11 Q (u � z 4 p a RSFt g RSF .4R A RSF�IS Q � ASRSF4 SV4 R5F Ra �il5F.� R— --i-lll1CSY# R�- RSf 4 C.1 .iBF� ii R3Fa RSF-a ,pQ A•A Rs" mrt$x4 �� RSFa-AC-}R9F^ Rbr 'r p kSFa RBF,4 } py-,a COP, p SONOMA FALLS sT �acFi 7ALO"L VNi PARM RD J �, rr qT ,BLACK CANYON ST a S 4 qVoo tsF+ z APB R., 00 RSFa'= �>¢ J aiF • y RSF 4 RSF A ❑ �• O Milo WA Legend ••••••••••••. Multi- e Trail (Existing) Lure Trails-l!`-•••• Muti-Use Trail (Existingj'. Future Trails EJ ill i RZN 13-4546 �_ _ ! Desi n Overlay District Plan ing Area IL Fay tteville Y- 4 F � fi-A Overview legend Subject Property i-•_ IV; ,I �JfF' © RZN134546 Boundary Ott 0 0.25 0.5 les x a 4` RZN 13-4546 Close Up View BALDWIN CHURCH OF CHRIST .44rD u 0� , . <<F SINGLE FAMILY .. MR .f gil s _l. ,.�� F SINGLE FAMILY I x, �lsAulti-Use Tr.0 {Existi M1 r 1i Y SUBJECT PROPERTY r; k i COMMERCIAL. ' r L,. SINGLE FAMILARMY ,%: rails - - -; Fayetteville GrtY Limits r ' ZN13-4546 Footprints 2010 Hillside -Hilltop Ov rlay District Design Overlay Di strict Design Overlay Di strict 0 125 250 '=�0 - Planning Area 1,000 Feet RZN 13-4546 Future Land Use Leger ••"'• •.. IVIUIII-use I rail knXI51Irly) • Future Trails i Fayetteville City Limits FUTURE LAND USE 2030 CLASS - Natural Area — Rural Area Residential Neighborhood Area - City Neighborhood Area _ Urban Center Area BALDWIN CHURCH OF CHRIST ix 0 o- T rn • • • • ■ + • ■ Industrial — — — ———— — —— — —— effyic and Private Open Spa -a/Parks - Civic Institutional Non -Municipal Government ROW RZN13-4546 _ Design Overlay District Design Overlay District I25 Z50 500 a i.MKI -- Planning Area Feet NORTHWEST ARKANSAS DEMOCRAT-GkZETiE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWrSPAPERSLLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 727021 479,442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, 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 5647 Was inserted in the Regular Editions on: January 16, 2014 Publication Charges: $ 64.85 nA Holly Andrews Subscribed and sworn to before me This 1-1 day of 2014. N� W04 Notary Public I My Commission Expires: _t>nw i;r iti� !ILLS I' 1r; h **NOTE** Please do not pay from Affidavit. Invoice will be sent. JAN 2 2 Z014 °CT( CLERKS OFFICE