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Home My WebLink AboutOrdinance 6403113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6403 File Number: 2020-1142 I IIIIIII IIIIII III IIIII IIIII I I III,I�III IIIII IIIII IIIII IIIII IIII IIIII IIII IIII Doe ID: 019988910005 Type: REL Kind: ORDINANCE Recorded: 07/09/2021 at 03:37:36 PM Fee Amt: $35.00 Paqe i of 5 Washinqton County, AR Kyle Sylvester Circuit Clerk File2021-00026146 RZN 2020-021 (NE OF CATALPA DR. & S. RUPPLE RD./FAYETTEVILLE PUBLIC SCHOOLS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-0021 LOCATED NORTHEAST OF WEST CATALPA DRIVE AND SOUTH RUPPLE ROAD FOR APPROXIMATELY 22.98 ACRES FROM CS, COMMUNITY SERVICES AND NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES AND 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from CS, Community Services and NC, Neighborhood Conservation to CS, Community Services and P-1, Institutional. 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 on 1/19/2021 Page 1 Printed on 7/8121 Ordinance: 6403 File Number. 2020-1142 Approved Attest: ,Ali I f I Fffri G.vE,R K / l��!i,. OTY FAYEnEVICLE :;0 Lioneld Jot' o /,ayor Kara Paxton, City Clerk Treasureaz�• ' %ON►, Page 2 Printed on M21 I I I I REMAINING LAND TO BE P-1 I � _ HATCHED PORTION \ TO REMAIN CS I 4 I 1 I J O R G E N S E N +ASSOCIATES 124 W Sunbricige Drive.Suite S ayetteville, AR 72703 ntfire 479.4429127 rnvic i1 IIILC.rro LOCATION: FAYETTEVILLE, AR SHEET TITLE: REZONING EXHIBIT k SHEET SCALE: NTS 1.18.2021 y VAlE: PROJECT HLE:LLSO/2020071 LEGAL DESCRIPTION: (TO REMAIN CS) A part of the NW1/4 of the NE1/4 of Section 24, T16N, R31 W in Washington County, Arkansas, and being described as follows: Commencing at the SE Corner of said NW1/4, NE1/4 said point being an iron pipe, thence N87026'18"W 484.97 feet, thence N02022'18"E 53.32 feet, thence along a curve to the left 209.57 feet, said curve having a radius of 583.00 feet and a chord bearing and distance of N07055'34"W 208.44 feet, thence N18°13'26"W 28.58 feet to the POINT OF BEGINNING; thence continue Northerly along said line, a distance of 271.00 feet, thence along a curve to the right 173.62 feet, said curve having a radius of 483.00 feet and a chord bearing and distance of N07055'34"W 172.69 feet, thence NO2°22'18"E 115.01 feet, thence along a curve to the right 21.90 feet, said curve having a radius of 473.00 feet and a chord bearing and distance of N03041'52"E 21.90 feet, thence S87°39'31 "E 80.11 feet, thence along a non tangent curve to the left 21.94 feet, said curve having a radius of 393.00 feet and a chord bearing and distance of S03°58'16"W 21.94 feet , thence S02022'18"W 115.01 feet, thence along a curve to the left 144.86 feet, said curve having a radius of 403.00 feet and a chord bearing and distance of S07°55'34"E 144.08 feet, thence S18°13'26"E 271.00 feet, thence S71 °46'34"W 80.00 feet to the POINT OF BEGINNING: Containing 1.04 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (CS TO P-1) A part of the NE1/4 of the NE1/4 and a part of the NW1/4 of the NE1/4 of Section 24, and a part of the SW1/4 of the SE1/4 of Section 13 all in T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, NE1/4 said point being an aluminum monument, thence N87039'26"W 948.65 feet, thence S06049'12"E 53.15 feet, thence N86055'35"W 29.95 feet to the POINT OF BEGINNING, thence S06049'12"E 39.08 feet, thence S16°04'57"E 112.11 feet, thence S20043'18"E 70.37 feet, thence S23048'35"E 89.93 feet, thence S26042'28"E 91.78 feet, thence S69042'44"W 529.15 feet, thence S03°15'26"W 700.36 feet, thence N87026'18"W 484.97 feet, thence N02022'18"E 53.32 feet, thence along a curve to the left 209.57 feet, said curve having a radius of 583.00 feet and a chord bearing and distance of N07055'34"W 208.44 feet, thence N18°13'26"W 28.58 feet, thence N71046'34"E 80.00 feet, thence N18°13'26"W 271.00 feet, thence along a curve to the right 144.86 feet, said curve having a radius of 403.00 feet and a chord bearing and distance of N07055'34"W 144.08 feet, thence N02022'18"E 115.01 feet, thence along a curve to the right 21.94 feet, said curve having a radius of 393.00 feet and a chord bearing and distance of N03058'16"E 21.94 feet, thence N87°39'31"W 80.11 feet, thence along a non tangent curve to the right 59.24 feet, said curve having a radius of 473.00 feet and a chord bearing and distance of N08036'43"E 59.20 feet , thence along a reverse curve to the left 221.79 feet, said curve having a radius of 515.00 feet and a chord bearing and distance of N00008'16"W 220.08 feet, thence along a reverse curve to the right 73.95 feet, said curve having a radius of 85.00 feet and a chord bearing and distance of N12026'53"E 71.64 feet, thence N37022'17"E 72.05 feet, thence along a curve to the left 140.12 feet, said curve having a radius of 123.50 feet and a chord bearing and distance of N04052'07"E 132.72 feet, thence S87039'23"E 164.00 feet, thence S46014'05"E 159.35 feet, thence S86055'35"E 663.55 feet to the POINT OF BEGINNING: Containing 21.94 acres more or less subject to easements and right of way of record. Washington Cnunty, AR | certify this instrument was filed on 07/09/2021 03:37:38 PM and recorded in Real Estate File Number 2O21'OOO2814G Kyle Sylvestar' Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-1142 Agenda Date: 1/19/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B.2 RZN 2020-021 (NE OF CATALPA DR. & S. RUPPLE RD./FAYETTEVILLE PUBLIC SCHOOLS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-0021 LOCATED NORTHEAST OF WEST CATALPA DRIVE AND SOUTH RUPPLE ROAD FOR APPROXIMATELY 22.98 ACRES FROM CS, COMMUNITY SERVICES AND NC, NEIGHBORHOOD CONSERVATION TO CS, COMMUNITY SERVICES AND 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from CS, Community Services and NC, Neighborhood Conservation to CS, Community Services and P-1, Institutional. 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 of Fayetteville, Arkansas Page 1 Printed on 1/20f2021 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-1142 Legistar File ID 12/18/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/5/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 2020-000021: Rezone (NE OF W. CATALPA DR. & S. RUPPLE RD./FAYETTEVILLE PUBLIC SCHOOLS, 556): Submitted by JORGENSEN & ASSOCIATES, INC. for property located NE OF W. CATALPA DR. & S. RUPPLE RD. The property is zoned CS, COMMUNITY SERVICES & NC, NEIGHBORHOOD CONSERVATION and contains approximately 22.98 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Account Number Project Number Budgeted Item? NA Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance$ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE W4W ARKANSAS MEETING OF JANUARY 5, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Services Manager DATE: December 18, 2020 CITY COUNCIL MEMO SUBJECT: RZN 2020-000021: Rezone (NE OF W. CATALPA DR. & S. RUPPLE RD./FAYETTEVILLE PUBLIC SCHOOLS, 556): Submitted by JORGENSEN & ASSOCIATES, INC. for property located NE OF W. CATALPA DR. & S. RUPPLE RD. The property is zoned CS, COMMUNITY SERVICES & NC, NEIGHBORHOOD CONSERVATION and contains approximately 22.98 acres. The request is to rezone the property to P-1, INSTITUTIONAL. RECOMMENDATION: City Planning staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and 'B'. The Planning Commission recommends approval of an alternative rezoning of CS, Community Services, across the full extent of the subject property. BACKGROUND: The subject property is located on an undeveloped parcel in west Fayetteville, between Rupple Road and Dinsmore Trail, and north of Catalpa Drive. The property is split -zoned NC, Neighborhood Conservation, and CS, Community Services, which was adopted prior to Rupple Road's construction. In 2018, the Planning Commission approved a conditional use permit (CUP 18-6325) for an RV campground on the property. Despite receiving approval for an amendment, administrative extension, and large scale development, the project did not occur. In May of 2020 the property was sold to Fayetteville Public Schools. Request: The request is to rezone the subject property from NC and CS to P-1, Institutional. The applicant has stated in their request letter that this rezoning is necessary to facilitate development of the property with a school. Public Comment: Staff has received no public comment regarding the request. Land Use Compatibility: Current land uses in immediate proximity to the subject property are either undeveloped or in some stage of residential development. Along the wider Rupple corridor to the north and south are residential subdivisions interspersed with institutional uses, like Owl Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 Creek Elementary and the Boys and Girls Club. Staff finds the permitted uses in the P-1 district, ranging from daycares and schools to community centers and churches, to be complimentary of the existing, under development, and potential uses in the area. Land Use Plan Analysis: Staff finds that the proposal is marginally consistent with the goals in City Plan 2040. The future land use map designations on the property, Residential Neighborhood Area and City Neighborhood Area, are intended to facilitate a diversity of housing and a variety of uses respectively. The P-1 zoning district on the other hand, is inherently restrictive, limiting permitted uses to those of an institutional nature. While institutional activities are generally compatible with the uses found in urban and suburban areas, and often at their most effective along connecting corridors, the single -use nature of the zoning district makes development of a compact, connected, and complete neighborhood difficult. Staff's mixed findings extend to other aspects of City Plan 2040 and its associated goals, where the property's remoteness effectively requires vehicle access, but also affords the opportunity for a school that is in an area of anticipated, significant future growth, along a major street, adjacent to a trail, and with access to Centennial Park. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4 out of 12 this site. The following elements of the matrix contribute to the score: • Partially within a Master Plan Area/Appropriate Land Use (City Neighborhood Area) • Near Trail (Rupple Road Trail) • Near Park (Holland Park, Centennial Park) • Near Water Main (Dinsmore) DISCUSSION: At the December 14, 2020 Planning Commission meeting, Commissioners forwarded an alternative recommendation to rezone the portion of the property zoned NC, Neighborhood Conservation to CS, Community Services, totaling approximately 15 acres. The motion was made by Commissioner Johnson with a second from Commissioner Hoffman, followed by a vote of 4- 3. Commissioners Brown, Garlock, and Canada dissented. Those opposed to the motion expressed mixed reasoning, including concern about extending the other allowed uses within CS east to Dinsmore and that the P-1, Institutional designation for a school property is appropriate. The motion to forward an alternative zoning amendment followed a failed motion to deny the applicant's request for P-1. Commissioners opposed to the applicant's P-1 request cited concerns with the potential for development of the site with a building set back from the street with parking or other vehicle facilities between a structure and the street. Some of the Commission noted that the Commission should not have supported a recent City request to rezone municipal property for P-1 to develop with emergency services, and that public institutions ought to be held to the same comprehensive plan standards as private development. The applicant's representative was not amenable to amending their request from P-1 to CS. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000021 Fay. School District RZN-2020-000021 Close Up View I EXHIBIT 'A' RSF-18 I iW Subject Property M 7 RSF-1 O�2 RNII -21 30 LILAC DR Z Z� z z-m I! z w wM J G Q w �Q .. _ _ .. 47"1,RAPE z ,J ."w - W Mvo-r1 c ni co z 2 0 a3cn a z Q w ALBERTA ST CATALPP� INORTH I , y, I■ L Legend Hillside -Hilltop Overlay District Planning Area L _ Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1.160 1 inch = 400 feet Residential -Agricultural RSF-1 RSF-2 RSF-4 RSF-18 RW M RMF-24 Community Services Neighborhood Conservation Commercial, Industrial, Residential RZN-2020-000021 EXHIBIT 'B' LEGAL DESCRIPTION: A part of the NE1/4 of the NE1/4 and a part of the NW1/4 of the NE1/4 of Section 24, and a part of the SW1/4 of the SE1/4 of Section 13 all in T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, NE1/4 said point being an aluminum monument, thence N87°39'26"W 948.65 feet, thence S06°49'12"E 53.15 feet, thence N86°55'35"W 29.95 feet to the west right of way of S. Dinsmore Trail which is the POINT OF BEGINNING, thence along said right of way S06°49'12"E 39.08 feet, thence S16°04'57"E 112.11 feet, thence S20°43'18"E 70.37 feet, thence S23°48'35"E 89.93 feet, thence S26°42'28"E 91.78 feet, thence leaving said right of way S69°42'44"W 529.15 feet to a found iron pipe, thence S03°15'26"W 700.36 feet to the SE Corner of said NW1/4, NE1/4, said point being a found iron pipe, thence N87'26'18"W 484.97 feet to the east right of way of S. Rupple Road, thence along said right of way NO2°22'18"E 53.32 feet, thence along a curve to the left 209.57 feet, said curve having a radius of 583.00 feet and a chord bearing and distance of N07'55'34"W 208.44 feet, thence N18°13'26"W 299.58 feet, thence along a curve to the right 173.62 feet, said curve having a radius of 483.00 feet and a chord bearing and distance of N07°55'34"W 172.69 feet, thence NO2°22'18"E 115.01 feet, thence along a curve to the right 81.14 feet, said curve having a radius of 473.00 feet and a chord bearing and distance of N07°17'09"E 81.04 feet, thence along a curve to the left 221.79 feet, said curve having a radius of 515.00 feet and a chord bearing and distance of N00°08'16"W 220.08 feet, thence along a curve to the right 73.95 feet, said curve having a radius of 85.00 feet and a chord bearing and distance of N12°26'53"E 71.64 feet, thence N37°22'17"E 72.05 feet, thence along a curve to the left 140.12 feet, said curve having a radius of 123.50 feet and a chord bearing and distance of N04°52'07"E 132.72 feet, thence leaving said right of way S87°39'23"E 164.00 feet, thence S46'14'05"E 159.35 feet, thence S86°55'35"E 663.55 feet to the POINT OF BEGINNING: Containing 22.98 acres more or less subject to easements and right of way of record. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: December 14, 2020 (Updated with Planning Commission Results) SUBJECT: RZN 2020-000021: Rezone (NE OF W. CATALPA DR. & S. RUPPLE RD./FAYETTEVILLE PUBLIC SCHOOLS, 556): Submitted by JORGENSEN & ASSOCIATES, INC. for property located NE OF W. CATALPA DR. & S. RUPPLE RD. The property is zoned CS, COMMUNITY SERVICES & NC, NEIGHBORHOOD CONSERVATION and contains approximately 22.98 acres. The request is to rezone the property to P-1, INSTITUTIONAL. RECOMMENDATION: Staff recommends forwarding RZN-2020-000021 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2020-000021 to the City Council with a recommendation of approval." BACKGROUND: The subject property is located on an undeveloped parcel in west Fayetteville, between Rupple Road and Dinsmore Trail, and north of Catalpa Drive. The property is split -zoned NC, Neighborhood Conservation, and CS, Community Services, which was adopted prior to Rupple Road's construction. In 2018, the Planning Commission approved a conditional use permit (CUP 18-6325) for an RV campground on the property. Despite an amendment, administrative extension, and large scale development being subsequently approved for the project, the development did not occur. In May of 2020 the property was sold to Fayetteville Public Schools. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped/Agricultural CS, Community Services; NC, Nei hborhood Conservation South Undeveloped/Agricultural CS, Community Services; NC, Neighborhood Conservation; RSF-1, Residential Single-family, 1 Unit erAcre West Under Construction Mixed Residential CS, Community Services; East Undeveloped RSF-1, Residential Single-family, 1 Units —per Acre Request: The request is to rezone the subject property from NC and CS to P-1, Institutional. The applicant has stated in their request letter that this rezoning is necessary to facilitate development of the property with a school. Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page,1 of 16 Public Comment: Staff has received no public comment regarding the request. INFRASTRUCTURE: Streets: The property has frontage along South Rupple Road and South Dinsmore Trail. Rupple is a fully -improved Regional Link street with curb and gutter, asphalt paving, and sidewalk. A multi -use trail currently runs along the western edge of the Rupple right-of-way. Dinsmore is an unimproved Neighborhood Link with asphalt paving. Any street or drainage improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. An 8-inch water main is present along the west side of South Dinsmore Trail. Sewer: Public sanitary sewer is not available to the site. Drainage: While no portion of the subject property lies within a FEMA designated 100-year floodplain, the Hillside -Hilltop Overlay District (HHOD), or a Streamside Protection Zone, hydric soils are present throughout the property. Any additional improvements or requirements for drainage would be determined at the time of development. Fire: The Fire Department did not express any concerns with this request. The property will be protected by Station 7, located at 835 N. Rupple Road with an anticipated response time of approximately 6.2 minutes. This is within the response time goal of six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property as Residential Neighborhood Area and City 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 and rowhouses. Residential Neighborhood Areas encourage 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 corners 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. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multifamily. Non-residential uses range in size, variety and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 2 of 16 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4 out of 12 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 4_5 out of 17. The following elements of the matrix contribute to the score: • Partially within a Master Plan Area/Appropriate Land Use (City Neighborhood Area) • Near Trail (Rupple Road Trail) • Near Park (Holland Park, Centennial Park) • Near Water Main (Dinsmore) 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: Land Use Compatibility: Current land uses in immediate proximity to the subject property are either undeveloped or in some stage of residential development. Along the wider Rupple corridor to the north and south are residential subdivisions interspersed with institutional uses, like Owl Creek Elementary and the Boys and Girls Club. Staff finds the permitted uses in the P-1 district, ranging from daycares and schools to community centers and churches, to be complimentary of the existing, under development, and potential uses in the area. Land Use Plan Analysis: Staff finds that the proposal is marginally consistent with the goals in City Plan 2040. The future land use map designations on the property, Residential Neighborhood Area and City Neighborhood Area, are intended to facilitate a diversity of housing and a variety of uses respectively. The P-1 zoning district on the other hand, is inherently restrictive, limiting permitted uses to those of an institutional nature. While institutional activities are generally compatible with the uses found in urban and suburban areas, and often at their most effective along connecting corridors, the single -use nature of the zoning district makes development of a compact, connected, and complete neighborhood difficult. Staff's mixed findings extend to other aspects of City Plan 2040 and its associated goals, where the property's remoteness effectively requires vehicle access, but also affords the opportunity for a school along a major connecting corridor, adjacent to a trail, and with access to Centennial Park. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change to have greater flexibility in developing the property with a new school. Under the property's current split zoning, a school is allowed by -right in the approximately seven acres zoned CS, but by conditional use in the remaining 15 acres zoned NC. While staff would prefer to retain the CS zoning along the property's Rupple Road frontage, there is also acknowledgement that a conditional use permit would be required to use the property as desired, and that this represents a distinct challenge in preliminary design, day-to-day use, and the flexibility needed to operate and master plan a school campus. Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 3 of 16 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to P-1 has the potential to increase traffic on Rupple Road. However, Rupple is a fully developed Regional Link which can support the likely increase associated with uses permitted in P-1. The possibility of increased traffic danger and congestion will not be appreciable. 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: The P-1 zoning district does not permit by -right residential uses. Accordingly, rezoning the property from CS and NC to P-1 will not increase the potential population density. The overall 23-acre property has access to existing water, but not sanitary sewer. Lack of sanitary sewer access remains a common condition for properties on both sides of Rupple, with development in the area gradually extending public mains. As for the project's impact on school capacity, the proposal is in itself a response to increasing attendance in the Fayetteville Public School District and the growing load on school facilities in west Fayetteville that mirrors development in the area. 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: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2020-000021 to the City Council with a recommendation of approval. Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 4 of 16 PLANNING COMMISSION ACTION: Required YES Date: December 14, 2020 O Tabled M Forwarded O Denied Motion: SEE BELOW Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: c §161.22 —Community Services c §161.29 — NC, Neighborhood Conservation o §161.32 - Institutional • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map #1. Motion: Belden, to deny Second: Hoffman Vote: 2-5-0, Commissioners Brown, Johnson, Paxton, Garlock, and Canada voted 'no' #2. Motion: Johnson, recommending CS across the breadth of the site rather than P-1. Second: Hoffman Vote: 4-3-0, Commissioners Brown, Garlock, and Canada voted 'no' Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 5 of 16 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit Three (3) and four (4) family dwellings 10 Unit Eating places 13 Unit Neighborhood Shopping goods 15 Unit Gasoline service stations and drive-in/drive through 18 restaurants Unit Home occupations 24 Unit Offices, studios and related services 25 Unit Multi -family dwellings 26 Unit Sidewalk Cafes 40 Unit Accessory dwellings 41 Unit Cluster Housing Development 44 Unit Small scale production 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 6 of 16 Unit 17 Transportation, trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities" Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single-family residential district: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10, Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11, Ord. No. 5592, 6-18-13, Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16, Ord. No. 5945_, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17, Ord. No. 622.3, §1, 9-3-19) Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 7 of 16 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business' Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located between the front Front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center 12 feet line of an alley Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 8 of 16 (F) Building Height Regulations. Building Height Maximum 3 stories (Ord. No. 5128. 4-15-08. Ord. No 5312, 4-20-10: Ord. No. 5462. 12-6-11; Ord. No. 5592, 6-18-13: Ord. No. 5664, 2- 18-14, Ord. No . §1(Exh. A). 10-6-15>; Ord. No 5921 , §1, 11-1-16, Ord. No. 5945 , §§5. 7-9.. 1-17-17: Ord. No. 6015 , §1(Exh A). 11-21-17: Ord. No. 6211 , §1, 8-6-19) Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 9 of 16 161.32 - 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 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection 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 30 feet Front, if parking is allowed between the right-of-way and the 50 building feet Side 20 feet Side, when contiguous to a residential district 25 feet Rear 25 feet Rear, from center line of public alley 10 feet Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 10 of 16 (F) Height Regulations. There shall be no maximum height limits in P-1 Districts, provided, however, if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1965, App. A., Art. 5(XI); 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. No. 5073, 11-06-07; Ord. No. 5195, 11-6- 08; Ord. No. 5312, 4-20-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17, Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 11 of 16 �)JORGENSEN +ASSOCIATES October 28, 2020 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning RZN-2020-000021 Request Letter 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www jorgensenassoc.com EStackshed 1955 Please accept this request to rezone parcels 765-16271-102 & 765-22366-702. This tract of land has a split zoning of CS and NC, however, the desire is to rezone all of this land to P-1. This requested zoning is appropriate and compatible with the surrounding properties and uses. Since Rupple Road has been constructed, there has been a strong growth pattern in the area and with the Fayetteville Public School purchasing this particular property, the sustained growth in the area supports the need for the School to be built. By rezoning this property, the School will be able to develop by -right in a fashion appropriate for its end use. Please review this application and let us know if there are any questions that we may be able to answer. ha k B J rgensen, PE Jorgensen + Associates Planning Commission December 14, 2020 Agenda Item 16 RZN 20-000021 FPS Page 12 of 16 Agenda Item 16 RZN 20-000021 FPS Page 13 of 16 Agenda Item 16 RZN 20-000021 FPS Page 14 of 16 RZN-2020-000021 Current Land Use Ar r r Q i• A Mixed -Density Residential (Under Construction) i +p COOLIYDGE PL r' EISENHOWER PL�-Tt- Shared Use Paved Trail Planning Area Fayetteville City Limits Fay. School District Undeveloped/ Agricultural t� Y Subject Property f .e Undeveloped/ Agricultural M104 NORTH Undeveloped ' r t • 1f' Single -Family g}` Residential � a+ _._ LILAC DR w t �- Z , LUI _J t� Q ,,, a0Lu uw w =w a., Feet 0 112.5 225 450 675 900 1 inch = 300 feet FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning Co mission 4, 2020 Agenda Item 16 RZN 20-000021 FPS Page 15 of 16 RZN-2020-000021 Future Land Use Fay. School District Residential �Go Neighborhood -p r m 0 G -O -CO r; OLIDGE ` a� EISENHOWER PL Am I PEC COTTAGFO z10 P. DR MLBERTA ST CA'�P� I s 0 � oJ. a SERVICe'?"e cc Legend Planning Area Fayetteville City Limits Shared Use Paved Trail 0 180 360 Trail (Proposed) Building Footprint Feet NORTH Civic and Private Open Space 2 LILAC DR J I I W z w CRAPE a z ww MYRTLE PL Q W -r z w w w a Q z� '110 Uo a m a RF_TR< I I 1pR City Df � GAR Neighborhood 720 1,080 1,440 1 inch = 500 feet City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Planning Cc -0esefaiaera4, 2020 Agenda Item 16 RZN 20-000021 FPS Page 16 of 16 Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* William Speer Address or Ward* Address Wa rd Locate Your Ward Number Ward * Ward 4 Phone Number 4792642281 Email may5005ster@gmail.com Meeting Body* City Council Agenda Item B.2 2020-1067 Number/Subject I,'-6 . ,,-„111. , `r- . - Locate City Council Agenda Item Locate Planning Commission Agenda Item Position In Favor Comments I have submitted several letters to the Council and individual Members on this issue. Agenda item B.1 for the the Jan 19, 2021 Council meeting addresses an ordinance to amend the Community Service ordinance by changing certain permitted uses to conditional uses. I support this amendment. in particular to move "gas service stations" from the permitted use category to the conditional use category. This is necessary so gas stations are not approved "by right." A Community Services District is defined in the City's Code of Ordinances as an area "designed to primarily provide convenience goods and personal services for families living in surrounding residential areas. There should more authority provided to the Planning Commission to approve. deny or modify requests for facilities in Community Service zones. Agenda item BA 2020-1134 will also be addressed during the Council meeting on Jan 19, 2012. The item addresses a rezoning request from Landmark Homes & Hardin to rezone certain property at the intersection of Mt. Comfort Road and Rupple from Residential -Agriculture to Community Services. I will submit another letter stating my opposition to agenda item B.A. These two agenda items are related. I encourage the Council to take no action on item BA until action is taken and finalized on item B.1 which 1 encourage the Council to approve. j Sincerely Bill Speer Attachments Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed tor all members of the audience who have signed up prior to the beginning ofthe agenda item then wish to address being opened fbr public comment. Speakers shall be limited to a maximum of tll'e (5) minutes to be broken into segments of -three and two minutes. amendments may receive public comments only ifapproved by the City Council by unanimous consent or majority rote. If public comment is allowed for an amendment, speakers will only be allowed to speak lirr three (3) minutes. The City Council mar alloyv both a speaker additional time and an unsigned -up person to speak br unanimous consent or majority vote Courtesy and Respect. All members of the public. all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity; abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display NORTHWESTARKANsAS Ordinance: 6403 Democrat File Number: 202E-I onette R7_N 2020.021 (NE OFF CATALPA DR. & S. RUPPLE RD./FAYETTEVILLE Fr 'ETTE'riLLE AP 727C2 • ': -4 ,2-D00 - F,1Y-179-595-TS • 'i;1'V.r t!r:ADG C0td PUBLIC SCHOOLS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-0021 LOCATED NORTHEAST OF WEST AFFIDAVIT OF PUBLICATION CATALPA DRIVE AND SOUTH RUPPLE ROAD FOR APPROXIMATELY 22.98 ACRES I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the FROM CS, COMMUNITY SERVICES AND NC, NEIGHBORHOOD Northwest Arkansas Democrat -Gazette, a daily newspaper printed and CONSERVATN TO CS, COMMUN TYI SERVIICES published in said County, State of Arkansas; that I was so related to this AND P-1, INSTITUTIONAL publication at and during the publication of the annexed legal advertisement HE CITY COUNIT CILL OF CITY the matter of: Notice pending in the Court, in said County, and at the dates of HE OF FAYETTEVILLE, ARKANSAS: e several publications of said advertisement stated below, and that during said Section 1: That the City Council of the City of Fayetteville, Arkansas hereby periods and at said dates, said newspaper was printed and had a bona fide changes the zone classification of the circulation in said County; that said news a er had been regularly P P g y printed and property shown on the map (Exhibit A) and the legal description (Exhibit B) published in said County, and had a bona fide circulation therein for the period of both attached to the Planning one month before the date of the first publication of said advertisement; and that rtment's Agenda Memo community Services and NCfrom CS, said advertisement was published in the regular daily issues of said newspaper Neighborhood Conservation to CS, as stated below. Community Services and P-1, Institutional. Section 2: That the City Council of the City of Fayetteville City of Fayetteville, Arkansas hereby Ord 6403 amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Was inserted in the Regular Edition on: PASSED and APPROVED on 1/19/2021 January 24, 2021 Approved: Lioneld Jordan, Mayor Attest: Publication Charges: $88,16 Kara Paxton, City Clerk Treasurer 75373374 Jan 24, 2021 S.M.irk' Brittany Smith Subscribed and sworn to before me This 2-1—day of �, 2021. L6 A - Notary Public My Commission Expires: �� k► **NOTE** Please do not pay from Affidavit. Invoice will be sent.