HomeMy WebLinkAboutOrdinance 6489113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6489
File Number: 2021-0729
Doc ID: 020185520003 Type: REL
Kind: ORDINANCE
Recorded: 10/19/2021 at 11:07:17 AM
Fee Amt: $25.00 Page i of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2021-00040257
APPEAL RZN-2021-043: (2828 N. CROSSOVER RD./GRACE CHURCH):
ARCH IVED
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-043 LOCATED AT 2828 NORTH CROSSOVER ROAD FOR APPROXIMATELY
3.58 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to 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 10/5/2021
Approv Attest:
1ERK / TR1��ii
\� •. G\T Y p"C,!.,.
% FAYETTEVILLE
Lioneld Jor �,ayor Kara Paxton, City Clerk Treasures .
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ANSN • �•
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Page 1 Printed on 10/M/21
RZN-2021-000043
Close Up View
W PKEF`ELD,
P
FE E
Regional Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Grace Church
R-o j Subject Property
Proposed P-1
PICASSO PL--
0 75 150
RSF-J
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Feet
300 450
1 inch = 200 feet
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RZN.2021.000043I
EXHIBIT 'A'
A& I
NORTH
Zoning Acres
P-1 3.5
Total 3.5
RZN-2021-000043
EXHIBIT 'B'
APART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 31, T-17-N, R-29-W, DESCRIEED AS COMMENCING
AT A POINT SOUTH 87 DEGREES 29 MINUTES 23 SECONDS EAST 411.71 FEET FROM THEW 1/4 CORNER
OF SAID SECTION 31, SAID POINT BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF
ARIGNSAS 265 HIGHWAY AND THE SOUTH BOUNDARY OF SAID 40-ACRE TRACT; THENCE ALONG SAID
HIGHWAY RIGHT-OF-WAY ON A CURVE TO THE RIGHT WITH A RADIUS OF 768.93 FEET, A DELTA ANGLE
OF 14 DEGREES 30 MINUTES 09 SECONDS AND AN ARC LENGTH OF 194.63 FEET TO AN IRON PIN; WITH
A CHORD BEARING NORTH O1 DEGREE 59 MINUTES 17 SECONDS WEST 194.11 FEET; THENCE LEAVING
SAID HIGHWAY RIGHT-OF-WAY SOUTH 86 DEGREES 01 MINUTES 44 SECONDS EAST 405.28 FEET TO AN
IRON PIN; THENCE SOUTH 86 DEGREES 19 MINUTES 34 SECONDS EAST 406.39 FEET TO THE WEST
BOUNDARY OF BROOKBERRY WOODS; THENCE ALONG SAID SUBDIVISION BOUNDARY SOUTH 24
DEGREES 54 MINUTES 59 SECONDS EAST 195.00 FEET TO AN IRON PIN; THENCE SOUTH 1.85 FEET TO A
POINT ON THE SOUTH BOUNDARY OF SAID 40-ACRE TRACT; THENCE NORTH 87 DEGREES 29 MINUTES 23
SECONDS WEST 886.12 FEET TO THE POINT OF BEGINNING, CONTAINING 3.580 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
10/19/2021 11:07:17 AM
and recorded in Real Estate
File Number2021-00040257
Kyle Sylvester - Circuit Clerk
y '=
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0729
Agenda Date: 10/5/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
APPEAL RZN-2021-043: (2828 N. CROSSOVER RDJGRACE CHURCH):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-043 LOCATED AT 2828 NORTH CROSSOVER ROAD FOR APPROXIMATELY 3.58 ACRES
FROM R-A, RESIDENTIAL AGRICULTURAL 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential Agricultural to 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 101612021
A A
1W1
THE
MAZZANTI FIRM
rc �c
♦ ATTQRNEY AT LAW
1590 East Joyce Boulevard, # 8932 Fayetteville, AR 1 72703
Telephone 479.966.4949 I Fax 1.888.511.4202
September 3, 2021
Kara Paxton, City Clerk
City of Fayetteville
113 W. Mountain St., Room 308
Fayetteville, AR. 72701
RE: RZN-2021-000043 (2828 N. Crossover Rd)
Partner
Allen Mazzanti
Of Counsel
Katy M. Sager
Please accept this as my formal appeal of the decision of the Planning Commission on
August 23, 2021 to deny the rezoning request for RZN-2021-000043 contrary to UDC
154.03 as the request both reasonable and necessary given the properties current layout.
Our rezoning request was to have the property located at 2828 N. Crossover Rd. rezoned
from its current R-A (Residential Agricultural) classification to the more proper
classification of P-1. The rezoning request went before the Fayetteville Planning
Commission (FPC) on Monday, August 23, 2021. Myself and my wife (The Hill School's
director) were both scheduled to be in attendance but vehicle issues prevented us from
making the meeting on time, a regrettable circumstance because I am confident had we
been able to be in attendance at the time the matter was discussed that we could have
adequately addressed all of the FPC's questions. However, even without Petitioner's
attendance the rezoning should have still been approved based on the report and
presentation of representatives of the Fayetteville Planning office clearly demonstrating
that the rezoning request should be approved and in fact recommending its approval.
To give a little back history of the rezoning petition, during this process we have worked
with the Fayetteville Planning office which was consulted in determining the most
appropriate zoning classification for the property layout, the property's surroundings, the
historical uses of the building/premises, as well as the proposed current use by The Hill
School.
In 2000 the FPC approved a large scale development and issued a conditional use permit
to allow a 15,360 square foot church and child care facility to be constructed and operated
on the property. Since the time of that approval by the FPC the property has consistently
been used for those purposes. However, the property was sparsely utilized in the last few
years due to COVID. Therefore the property quickly became over grown with brush and
privet. In June The Hill School began operating in the facility and quickly proceeded to
Physical Address 1 2583 North Quality Lane I Fayetteville I AR 1 72703
allen@mazzantifirm.com
clean out most of the brush and privet in order to build new playgrounds in the front and
began prepping the back to make into a shaded park like atmosphere for its students to
play. This "recreational" type use is specifically permitted under the P-1 Institutional
zoning classification. The students of The Hill School currently vary in age from
kindergarten to second grade with intentions of adding additional higher grades in the
future.
After considering the density and compatibility with the surrounding properties the FPC
approved the property to be utilized as a church and child care facility, which both density
and compatibility factors are largely identical now as they were in 2000. Since that time
the property has continuously in some form or fashion been utilized as a church, as a
school or as a combination church and school (daycare). The previously approved use is
consistent with bordering parcels as well, as the north property line is contiguous to the
Williams Dance Center which is a dance school. In fact many of the current students of
The Hill School literally walk less than 100 feet from school to dance class in the
afternoons, relieving their parents from having to leave work to transport them to dance
class after school.
The Hill School is currently using the property as a non-profit Christian school, a use
that is identical to that previously considered and approved by the FPC. For the Counsel's
information the properties south boarder backs up to a well -established residential
housing development which separates almost the entire south property line, with
exception of areas in the flood plain, by wooden privacy fencing. The playground areas to
the east and west of the building provide shaded partially wooded areas that offer its
students shaded playgrounds that contain brand new commercial playground equipment.
There are currently (2) conditional use permits that allow the property, which was
constructed for church and/or school purposes, to actually be utilized in that fashion.
However, those uses are specifically carved out for a "Unit 4. Cultural and Recreational
Facilities" use as the code specifically sets forth the included uses of Unit 4 as "church",
"child care center", "elementary school", "junior high school", "senior high school" and
"playground". All of which align exactly with the previously approved building
construction and FPC approved use of the property. Thus the property's zoning should
line up with the historical and current use which is clearly "Unit 4" which is included in a
Pi zone.
Thus the Petitioner respectfully request the City Council to consider the previously
approved uses, the historical use and the proposed current use of the property which
clearly suggests that the proper zoning classification for the property should be zoned
P 1. A fact that is even more supported by the same findings and recommendations of
the Fayetteville Planning Commission's report to grant the property to be rezoned P1.
2
Si cerely,
,��
Allen Mazzanti�
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 5, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: September 17, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000043: Rezone (2828 N. CROSSOVER RD./THE HILL SCHOOL,
255): Submitted by MAZZANTI LAW FIRM, LLC. for property located at 2828 N.
CROSSOVER RD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL
and contains approximately 3.58 acres. The request is to rezone the property to
P-1, INSTITUTIONAL.
RECOMMENDATION:
Staff recommends approval of a request to rezone the subject property as described and shown
in the attached Exhibits `A' and `B'. Planning Commission recommends denial of the request.
BACKGROUND:
The subject property is located on the east side of N. Crossover Road, approximately'/2 mile north
of the intersection of N. Crossover and E. Township Street. The property is zoned R-A, Residential
Agricultural and the site of The Hill School. In 2000, the Fayetteville Planning Commission
approved a large scale development (LSD 00-15.00) and conditional use request (CU 00-23.00)
for the development of the 15,360 square foot church and child care center. In June of 2008 a
subsequent conditional use permit (CUP 08-2995) was approved allowing the operation of a
senior high charter school, Use Unit 4, in the existing building with 150 students and 20 faculty
members. In October of 2009, the property and church were sold from the Lake Hills Baptist
Church to Grace Church. Grace Church occupied the property until May of 2021 when it was sold
to the current tenants, The Hill School. The conditional use permit appears to be valid for the
current use of the site. The riparian corridor of Flynn Creek is present roughly following the east
property line. Approximately 28,000 square feet of the property is within a FEMA floodplain Zone
A.
Request: The request is to rezone the subject property from R-A to P-1, Institutional. The applicant
stated the request would align the property's zoning designation with its usage. The use of the
property will continue to be for church and private school purposes.
Public Comment: Staff received a call from a member of the public who expressed concern about
programming that would occur in the undeveloped portion of the property east of the church. The
caller suggested that a fence should be erected along the property's boundary to prevent activities
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
from spilling over onto the adjoining properties, particularly around Flynn Creek. A separate letter
was submitted detailing concerns about apparent development activity that has been conducted
on -site, clearing of vegetation, safety concerns for children attending the school, and
privacy/harmony with the adjoining properties. The caller spoke at the Planning Commission
meeting on August 23rd and reiterated comments about issues with the programming occurring at
the site. The City has not received any permit applications for the subject property and the
applicant suggests the cleared vegetation was limited to brush and privet.
Land Use Compatibility: Staff finds that the proposed rezoning is generally compatible with
adjacent land uses. Current land uses in immediate proximity to the subject property are primarily
residential with a dance and gymnastics studio to the north. Along the wider Crossover corridor
to the south are residential subdivisions interspersed with institutional uses, like Free Will Baptist
Church, St. John Lutheran Church, and Vandergriff Elementary. 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 and potential future uses in the area. Rezoning the property will
align it's zoning with how the property has been used for nearly 20 years. There have been no
recorded zoning complaints for the property for the duration that the conditional use permit has
been in effect. Rezoning the property would relieve the necessity of the conditional use permit at
the site as the use is allowed by -right in P-1 zoning.
Land Use Plan Analysis: Staff finds the proposal is somewhat consistent with the goals in City
Plan 2040. The future land use map designations on the property, Residential Neighborhood Area
and Natural Area, are intended to facilitate a diversity of housing and conservation of natural
habitats, respectively. The P-1 zoning district on the other hand, is inherently restrictive, limiting
permitted uses to those of an institutional nature. The single -use nature of the zoning district and
the property's lack of connectivity make it unclear if the rezoning can contribute to aspects of City
Plan 2040 and its associated goals. Due to its location along a major connecting corridor,
topographical differences, and the presence of the Flynn Creek the site effectively requires vehicle
access to the institutional use. The school is within close proximity of trail, though it is separated
by a four -lane divided highway. Institutional activities, however, are generally compatible with the
uses found in urban and suburban areas, and often at their most effective along major corridors.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 4-5 for
this site. The following elements of the matrix contribute to the score:
• Four Minute Fire Response (Station 5, 2979 N. Crossover Road)
• Near Sanitary Sewer Main (N. Crossover Road)
• Near Water Main (N. Crossover Road)
• Near City Park (Braden Park)
• Near Paved Trail (Niokaska Creek Trail)
DISCUSSION:
At the August 23, 2021 Planning Commission meeting, a vote of 7-1-0 denied the request.
Commissioner Sharp made the motion and Commissioner Belden seconded. Commissioners
opposed to the request found it unclear if the existing use of the property aligned with the
approved conditional use permit. Apparent development activity occurring at the site and
comments from the neighbors led to concerns about the compatibility of the use. The applicant
was not present at the meeting to offer clarification. Commissioner Sparkman, who opposed the
denial, found the proposed zoning to be compatible with the adjoining land uses and consistent
with the future land use plans for the area. Two members of the public spoke at the Planning
Commission meeting; they identified issues with sound trespass, children's unmitigated access
to adjoining properties, and privacy.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2021-000043
Close Up View
Grace Church
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Regional Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
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Zoning Acres
P-1 3.5
Total 3.5
A PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 31, T-17-N, R-29-W, DESCRIEED AS COMMENCING
AT A POINT SOUTH 87 DEGREES 29 MINUTES 23 SECONDS EAST 411.71 FEET FROM THE W 1/4 CORNER
OF SAID SECTION 31, SAID POINT BEING THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF
ARIGNSAS 265 HIGHWAY AND THE SOUTH BOUNDARY OF SAID 40-ACRE TRACT; THENCE ALONG SAID
HIGHWAY RIGHT-OF-WAY ON A CURVE TO THE RIGHT WITH A RADIUS OF 768.93 FEET, A DELTA ANGLE
OF 14 DEGREES 30 MINUTES 09 SECONDS AND AN ARC LENGTH OF 194.63 FEET TO AN IRON PIN; WITH
A CHORD BEARING NORTH 01 DEGREE 59 MINUTES 17 SECONDS WEST 194.11 FEET; THENCE LEAVING
SAID HIGHWAY RIGHT-OF-WAY SOUTH 86 DEGREES 01 MINUTES 44 SECONDS EAST 405.28 FEET TO AN
IRON PIN; THENCE SOUTH 86 DEGREES 19 MINUTES 34 SECONDS EAST 406.39 FEET TO THE WEST
BOUNDARY OF BROOKBERRY WOODS; THENCE ALONG SAID SUBDIVISION BOUNDARY SOUTH 24
DEGREES 54 MINUTES 59 SECONDS EAST 195.00 FEETTO AN IRON PIN; THENCE SOUTH 1.85 FEET TO A
POINT ON THE SOUTH BOUNDARY OF SAID 40-ACRE TRACT; THENCE NORTH 87 DEGREES 29 MINUTES 23
SECONDS WEST 886.12 FEET TO THE POINT OF BEGINNING, CONTAINING 3.580 ACRES, MORE OR LESS,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
1P11-- -
TO:
THRU:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE:
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
Ryan Umberger, Senior Planner
August 23, 2021
SUBJECT: RZN-2021-000043: Rezone (2828 N. CROSSOVER RD./GRACE
CHURCH, 255): Submitted by MAZZANTI LAW FIRM, LLC. for property
located at 2828 N. CROSSOVER RD. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 3.53 acres.
The request is to rezone the property to P-1, INSTITUTIONAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000043 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000043 to the City Council with a recommendation of approval."
BACKGROUND:
The subject property is located on the east side of N. Crossover Road, approximately'/2 mile north
of the intersection of N. Crossover and E. Township Street. The property is zoned R-A, Residential
Agricultural and the site of Grace Church of Northwest Arkansas. In 2000, the Fayetteville
Planning Commission approved a large scale development (LSD 00-15.00) and conditional use
request (CU 00-17.00) for the development of the 15,360 square foot church and child care center.
In June of 2008 a subsequent conditional use permit (CUP 08-2995) was approved allowing the
operation of a senior high charter school, Use Unit 4, in the existing building with 150 students
and 20 faculty members. In October of 2009, the property and church were sold from the Lake
Hills Baptist Church to the current occupant, Grace Church. The church continues to hold services
on Sunday mornings. The riparian corridor of Flynn Creek is present roughly following the east
property line. Approximately 28,000 square feet of the property is within a FEMA floodplain Zone
A. Surrounding land use and zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Williams Dance and Gymnastics Center
R-A, Residential -Agricultural
R-O, Residential Office
South
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
West
Single-family Residential
R-A, Residential -Agricultural
East
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
Request: The request is to rezone the subject property from R-A to P-1, Institutional. The applicant
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 1 of 16
stated the request would align the property's zoning designation with its usage. The use of the
property will continue to be for private school purposes.
Public Comment: Staff has received a call from a member of the public who expressed concern
about programming that would occur in the undeveloped portion of the property east of the church.
The caller suggested that a fence should be erected along the property's boundary to prevent
activities from spilling over onto the adjoining properties, particularly around Flynn Creek. A
separate letter was submitted detailing concerns about recent activities that have been conducted
on -site, safety concerns for children attending the school, and privacy/harmony with the adjoining
properties.
INFRASTRUCTURE:
Streets: The subject area has frontage along N. Crossover Road. N. Crossover Road is a
fully improved Regional Link street with asphalt paving, curb and gutter, and
sidewalk. 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 subject area. An existing 36-inch water main is
present on the east side of N. Crossover Road. An existing 2-inch water main is
present on the east side of N. Crossover Road.
Sewer: Sanitary sewer is available to the subject area. An existing 18-inch sanitary sewer
main is present in the southeast corner of the subject property.
Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD). A
portion of the subject area is within a FEMA floodplain, has hydric soils, and a
protected stream is present in the area. The portion of the subject area within the
FEMA floodplain will necessitate the need for a floodplain development review at
the time of permit or plan submittal. This will restrict the type of development and
impact allowed in flood zones; and may require additional documentation such as
flood studies or elevation certificates depending on the type of development. If a
development impacts a floodplain, those impacts may require review and approval
from FEMA. floodplain is present throughout the entirety of the subject property.
Hydric soils are also present on the subject property. They are a known indicator
of wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It is important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this state ment/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Hydric soils are present throughout
the entirety of the subject property.
A protected stream is present in the subject area. Streamside Protection Zones
generally consist of a protected area on each side of a stream or creek. This
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 2 of 16
protected area is meant to preserve woody vegetation and natural areas along
stream corridors to improve/protect stream health. At a minimum, the protected
area will be 50 feet wide as measured from the top of bank but, depending on the
shape and extent of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited. The
streamside protection area is present on the east side of the subject property. Any
additional improvements or requirements for drainage will be determined at time
of development.
Fire: The Fire Department did not express any concerns with this request. The property
will be protected by Station 5, located at 2979 N. Crossover Road. The property is
located approximately 0.5 miles from the fire station with an anticipated response
time of approximately 3.2 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
Tree Preservation:
The proposed zoning district of P-1, Institutional requires 25% minimum canopy
preservation. The current zoning district of R-A, Residential Agricultural requires
25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property as Residential Neighborhood Area and Natural 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.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation, or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 4_5 for
the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score
of 4.5. The following elements of the matrix contribute to the score:
Four Minute Fire Response (Station 5, 2979 N. Crossover Road)
Near Sanitary Sewer Main (N. Crossover Road)
Near Water Main (N. Crossover Road)
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 3 of 16
• Near City Park (Braden Park)
• Near Paved Trail (Niokaska Creek Trail)
FINDINGS OF THE STAFF
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: Staff finds that the proposed rezoning is generally
compatible with adjacent land uses. Current land uses in immediate
proximity to the subject property are primarily residential with a dance and
gymnastics studio to the north. Along the wider Crossover corridor to the
south are residential subdivisions interspersed with institutional uses, like
Free Will Baptist Church, St. John Lutheran Church, and Vandergriff
Elementary. 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 and potential future uses in the area.
Land Use Plan Analysis: Staff finds the proposal is somewhat consistent
with the goals in City Plan 2040. The future land use map designations on
the property, Residential Neighborhood Area and Natural Area, are intended
to facilitate a diversity of housing and conservation of natural habitats,
respectively. The P-1 zoning district on the other hand, is inherently
restrictive, limiting permitted uses to those of an institutional nature. The
single -use nature of the zoning district and the property's lack of
connectivity make it unclear if the rezoning can contribute to aspects of City
Plan 2040 and its associated goals. Due to its location along a major
connecting corridor, topographical differences, and the presence of the
Flynn Creek the site effectively requires vehicle access to the institutional
use. The school is within close proximity of trail, though it is separated by a
four -lane divided highway. Institutional activities, however, are generally
compatible with the uses found in urban and suburban areas, and often at
their most effective along major corridors.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the proposed zoning to be warranted at this time. The current R-
A zoning is no longer appropriate for the property given its location nearly
* mile within the City's boundary and along a state highway that is well -
developed north and south of the property. Under the property's current
zoning, a school is allowed conditional use. The applicant has requested the
zoning change to align the zoning with its use as a private school. The
existing zoning represents a challenge in day-to-day use and the flexibility
needed to operate and master plan a school campus.
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 is likely to increase traffic volume on N.
Crossover Road. The applicant states the use of the property would remain
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 4 of 16
the same. Rezoning, though, would alleviate requirements limiting the
number of students and faculty. P-1 would certainly increase the
developable potential of the property above what is permitted by the
underlying R-A zoning and conditional use permit which requires any
expansion to be approved by the Planning Commission. That said, N.
Crossover Road is a fully developed Regional Link which can support the
likely increase in vehicle volumes associated with the by -right allowances of
P-1 zoning. The subject property has been utilized for non-residential uses
since its development over 20 years ago. Further, the additional traffic
generated by the school will likely occur, routinely, during specific time
periods with the remainder of operating hours producing low volumes. Staff
finds the rezoning is unlikely to negatively impact safety or traffic flow on N.
Crossover.
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 R-A to P-1 will not increase the
potential population density. The subject property has access to city water
and sanitary sewer. The Fayetteville Public Schools did not comment on the
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;
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-2021-000043 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION
(Date: August 23, 2021 O Tabled
(Motion:
(Second:
I Vote:
Required YES
O Forwarded O Denied
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 5 of 16
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.22 — R-A, Residential -Agricultural
o §161.32 — P-1, Institutional
• Request letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 6 of 16
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
1 Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half '/2
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 7 of 16
for the portion of the building over one (1) story shall be equal to the difference between the total height of that
portion of the building and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 8 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 building
50 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
(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
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 9 of 16
Partner
Allen Mazzanti
Of Counsel
Katy M. Sager
April 14, 2021
City of Fayetteville
RE: Re -Zoning of 2828 N. Crossover Rd.
Dear City of Fayetteville,
Please accept this letter as my formal request to have the above captioned parcel included
on the agenda for the next planning meeting. This purpose of this re -zoning request is to
have the above captioned parcel re -zoned from its current classification of Residential -
Agricultural to a more appropriate zoning of Pi Institutional. The continued use of the
property will be for private school purposes which is consistent with the properties
longstanding use since construction.
The property was constructed in 1996 and has been continuously used as a commercial
daycare and church facility since that time, both uses would fall into the P 1— Institutional
zoning definition. Based on the extensive time period that the property's use has been
continuously utilized without unreasonably or adversely affecting surrounding property
owners the likelihood of such adverse effect based on the rezoning of this property to
conform to its longstanding use is extremely minimal, if one exists at all. Furthermore,
the property is located immediately south of the Williams Dance & Gymnastics Center
which has used its property for strictly commercial purposes for an extensive period of
time without adversely impacting surrounding properties.
Thus this request is for the property to be re -zoned to properly reflect the property usage
which would likely be more suited for a P1 - Institutional zoning categorization and
applicant request the property be rezoned to P 1 — Institutional.
We look forward to working with you on this matter.
Si certely
vv l
Allen Mazzanti
Physical Address 1 2583 North Quality Lane I Fayetteville I AR 1 72703
allen@mazzantifirm.com
Dennis Nelms & Fran Free
2870 North Crossover Road
Fayetteville, AR 72703
(479)313-5045
City of Fayetteville Planning Commission
c/o Mr. Ryan Umberger
113 West Mountain
Fayetteville, AR 72701
Re: Rezoning of 2828 North Crossover Road, Fayetteville, Arkansas (RZN-2021-000043)
August 19", 2421
To the City of Fayetteville Planning Commission:
We own and live on the property at 2870 North Crossover Road in Fayetteville, which is adjacent and to
the north of the property subject to a request for rezoning located at 2828 North Crossover Road. We
received the Notice of the Planned Rezoning and Right to Comment. We have concerns for compatibility
and safety in the area.
The owners of record of the property are Nata lien Holdings, LLC, and David N. Mazza nti. After purchasing
the property in late May of 2021, the new owners have cleared trees and brush to the east of the existing
structure, opening the previously unexposed area. It appears that the facility will be used as school, which
is evidenced by multiple children playing to the east of the property in the newly cleared area throughout
the summer. Additionally, it has been a regular occurrence for loud music to be played in this area.
Our concerns are threefold:
1) To the south and east of the property are residential neighborhoods, with our property lying north
of the cleared area. The first issue is that loud music would disrupt the harmony of the adjacent
neighboring properties. The prior use of this property was a church facility, and its harmony with
the adjacent neighborhoods was congruent. We ask that some reasonable restriction be placed
upon the new owner with respect to playing loud music on the property. We request that the
Planning Commission take into consideration whether loud music would be a harmonious use
adjacent to these residential properties;
2) We have various safety concerns regarding children playing in the area. On the east end of the
subject property and throughout the midsection of our property, lies a creek formerly known as
Flynn Creek. We are reminded of the unfortunate incident that occurred near Vandergriff
Elementary in 2017 when a child wandered from unfenced school grounds during school hours
onto an adjacent neighbor's property and drowned by falling into their pool, Our concern is that
one of the Children may wander into the creek area or into an adjacent residential neighborhood
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 11 of 16
and be injured while someone is not home. We request that the Planning Commission consider
whether the new owner should have to fence off the play area to protect not only the safety of
the children from falling in the creek, but also by possible continued trespass onto adjacent
residential properties by these children; and
3) ❑nce the area was cleared, we lost significant privacy, affecting aesthetics, harmony, and security
of our property. We feel that an 8-foot privacy fence between our properties would not only
significantly ease our concerns for the safety of their children by decreasing the ability to trespass,
but would also visually block potentially attractive items on our property (i.e., trampoline,
chickens, jungle climber, our children's toys, etc.), thereby decreasing the temptation for children
to trespass.
I thank you in advance for your kind cooperation and consideration of this matter.
Sincerely,
Dennis Nelms, Neighbor
Fran Free, Nfi ihb r
Planning Commission
August 23, 2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 12 of 16
RZN-2021-000043
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2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 13 of 16
RZN-2021-000043
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Planning
4,
ssion
2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 14 of 16
RZN-2021-000043 Grace Church A&
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Planning Co I
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2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 15 of 16
RZN-2021-000043
Future Land Use
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ssion
2021
Agenda Item 4
RZN 21-000043 (Grace Church)
Page 16 of 16
•6 0
Democrat uette
Www"PIP""Mm""W
P.," Dt X,1607, FA'; El TWLLE, AP. ?27C2 • 79-442-1700 - (AX 479-595-1118. 1NWWNWADG.00111
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
One month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6489
Was inserted in the Regular Edition on:
October 10, 2021
Publication Charges: $88.16
t5A— S'at,-
Brittany §mith
Subscribed and sworn to before me
This day of 04 , 2021.
&�bL WA
Notary Public I
My Commission Expires: 4z o(zyC
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC - ARKANSAS
My Commission Expires 02-20-2024
Commission No, 12397118
Ordinance: 6499
File Number. 2021-0729
APPEAL RZN-2021-043: (2828 N.
CROSSOVER RD./GRACE CHURCH):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-043
LOCATED AT 2828 NORTH
CROSSOVER ROAD FOR
APPROXIMATELY
3.58 ACRES FROM R-A,
RESIDENTIAL AGRICULTURAL TO
P-1, INSTITUTIONAL
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : 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 R-A,
Residential Agricultural to 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
10/5/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City
Clerk -Treasurer of the City of
Fayetteville, Arkansas. Amount paid:
$88.16
75475651 Oct 10, 2021