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Home My WebLink AboutOrdinance 6760 �II�II��t�IIIIu ll MMHlIIll Ill�Ml�lll�IIHIIMIIIIIIIIIIIIII�ll� Fcnve.T Doc ID: 021678870004 Type: REL o e,. Kind: ORDINANCE Recorded: 07/22/2024 at 02:06:52 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR I Tr u. 1 Kyle Sylvester Circuit Clerk µ if '' File2024-00018335 °')K A N S PS 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6760 File Number: 2024-149 REZONING-2024-0011: (SPRINGWOODS PZD IN WARD 2): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0011 FOR 23.14 ACRES IN THE SPRINGWOODS PZD IN WARD 2 FROM PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE AND CS,COMMUNITY SERVICES 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 Planned Zoning District to UT, Urban Thoroughfare (23.7 acres) and CS, Community Services(15.71 acres) 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 June 18,2024 Appro ed: Attest: K I VTR //�ii a/tro•FAYETI E VILLE: lone Jor , r Kara Paxton,City erk Treasurer - • This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ q 9 2 Page 1 RZN-2024-0011 EXHIBIT A r\�LV R M ( 11 PARK WEST (SEE • FOLLOWING EXHIBIT) SPRINGWOODS �n.xBBln.Bl1�B•BlII�BBI BBa...U.......u.u...0 RS( 4 LOT SA: SPRINGWOODS [ 1 domplool losses son ♦ i V l ♦ \ Cfx%I) r� r� i • • LOTS S.D. 12: y MEADOW FIELD -� COMMERCIAL \ . U SUBDIVISION cc < 91 !! o f 1 w f/ H w LOT 1: 74115-211552411101, PINES AT ILLi SPRINGWOODS SPRIKIWOOD < (PROPOSED UT) I KMf - RFU p O<i� 1 J�Q ■a............ {v� FF.. F�• 1 NS-G . •fie _� -- - • P Permitted Use - ~ e • • • • • • • • • ►' Link Numbw DF—ripttm. Fxpirod PIT) r3 tlt 1 aty-vnde uses by ngr•.t ' x s a 'Cultural and lecreeiiwwl l.cilili ' x x ] __--_______---____ ____________T_________ - __. _-%_ ;Gavxnmont Facrlurec i ' x a B 51n�1e-FamNy Dwellings ,. C-2 9-- T• • (2)F ly Dwelh B _. '—"..---- i - x 10. .�Three(3) and Four (a) Family DWe111 x x -.- .• __ _'. 1.._ _.. 12• •UmiteO Business __......f.._...x-.__._-, , _________________________________ ' 12b ;General fe—n—c - K , odftb ' 13 ------- Plates ------------------ i------ x_-_-__..__x-_-i-__-x___ 14 _ _ Hulel, Mnlel and Arnuxmenl Fxilitiea K 15 _ __--NelEhbnd+nod 5hnppmefondc ' x x ' _ .------- 16........ Shopping -Goods ---- _---------- i-_-__S_-___i_____i___x __ 17 .1imnsportahon Trades and Servrms c .Gasoline Service stations and Drive-in/ _= IS -Drive Through- --- r- l[s ' K __.___...._r_._ -..-.- 19 :Cnmrn 1Refteanon Small S\cs � x r MNome Occup.Uons- x x i LEGEND 25 ON os, Slud , and R I led Services + x • x _ 26 Mukl-Family Dwells --- x-_-_ - ----' 34-------� uor Store --------- -- --- --- ------------- Common ty Services (CS) ;Srdo & cafes t x r x _ B� Urban Thoroughfare (UT) - '---_. dl_ - - - ' ' �Aaes Owellin x x _ on PZDBouPoary U aR •Clutterc.l. Pnducri opment-__. x_ �x- _ ---------------- ------------------- ' .. owei AlleaeO Parcels R�^ U 'smaR-sple ProduQmn x x ....--.. __.................._... .....-. _.......-__....�______._ - � slwr_tarm nmmi< SPRI NGWOODS RZN-2024-0011 EXHIBI T B Proposed UT LOTS 1-2, 5-10, AND 12 OF THE FINAL PLAT OF MEADOW FIELD COMMERCIAL SUBDIVISION, BEING A REPLAT OF SPRINGWOODS LOT #1, INCLUDING THE FOLLOWING PARCELS MEADOW FIELD COMMERCIAL SUBDIVISION LOT 1 (PID 765-25745-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 2 (PID 765-25746-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 5 (PID 765-25749-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 6 (PID 765-25750-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 7 (PID 765-25751-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 8 (PID 765-25752-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 9 (PID 765-25753-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 10 (PID 765-25754-000) MEADOW FIELD COMMERCIAL SUBDIVISION LOT 12 (PID 765-25756-000) RZN-2024-0011 EXHIBI T B Proposed CS Extended Legal PT LOT 6 FURTHER DESCRIBED FROM 2022-3463 AS: ALL OF LOT 6A OF SPRINGWOODS C-PZD AS RECORDED IN PLAT RECORD 2006-00029843, BEING LOCATED IN A PART OF THE NE OF THE NW AND IN A PART OF THE NW OF THE NE OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT NE CORNER OF THE NE OF THE NW OF SECTION 33 FOR THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°12 MINUTES 42 SECONDS EAST 247.42 FEET; THENCE SOUTH 02027 MINUTES 35 SECONDS WEST 418.05 FEET; THENCE NORTH 87*54 MINUTES 20 SECONDS WEST 329.13 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVINGA RADIUS OF 165.00 FEET, AN ARC LENGTH OF 260.23 FEETAND A CHORD OF NORTH 42*43 MINUTES 22 SECONDS WEST 234.09 FEET; THENCE NORTH 02127 MINUTES 35 SECONDS EAST 257.55 FEET; THENCE SOUTH 87118 MINUTES 53 SECONDS EAST 247.76 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 4.649 ACRES, MORE OR LESS, Washington County, AR I certify this instrument was filed on 07/22/2024 02:06:52 PM and recorded in Real Estate File Number 2024-00018335 Kyle Sylvester- Circuit Clerk by _--._...._.._r �... CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 18, 2024 TO: Mayor Jordan and City Council THRU: FROM: Kit Williams, City Attorney CITY COUNCIL MEMO SUBJECT: Ordinance to rezone a portion of the expired Springwoods PZD RECOMMENDATION: BACKGROUND: 2024-149 On May 7, 2024, the City Council considered an ordinance to rezone various expired PZDs in Wards 1, 2, and 4. The item was held on the first reading. At the City Council's request, the City Attorney's office prepared an amended ordinance that removed the Park West and Springwoods PZDs which were to be considered by the Environmental Action Committee. On May 21, the City Council approved the revised ordinance rezoning only the Cliffside PZD, Westbrook Village Phase 2, and Paddock Road Subdivision. DISCUSSION: The City Attorney's Office has prepared a new ordinance rezoning 23.14 acres in the Springwoods PZD for the City Council's consideration to UT, Urban Thoroughfare and CS, Community Services. BUDGET/STAFF IMPACT: n/a ATTACHMENTS: Ex A Springwoods - Less The Pines (#3), Ex B Springwoods - Less The Pines (#4), Agenda Request - 23.14 acres (#5), Environmental Action Committee Statement (#6), City Attorney Memo - Expired PZD's (#7), Climate Resilience Map (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-149 Ordinance to rezone a portion of the expired Springwoods PZD AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0011 FOR 23.14 ACRES IN THE SPRINGWOODS PZD IN WARD 2 FROM PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES 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 Planned Zoning District to UT, Urban Thoroughfare (23.7 acres) and CS, Community Services (15.71 acres) 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. Page 1 Civic Clerk Item No.: 2024-149 AGENDA REQUEST FORM FOR: Council Meeting of June 4, 2024 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0011 FOR 23.14 ACRES IN THE SPRINGWOODS PZD IN WARD 2 FROM PLANNED ZONING DISTRICT TO UT, URBAN THOROUGHFARE AND CS, COMMUNITY SERVICES APPROVED FOR AGENDA: City Attorney Kit Williams Date Received By Jeff Pummill 05/31/2024 11:06 AM Environmental Action Committee Statement Agenda items C3 and C4 for the June 4th City Council Meeting The City of Fayetteville's Environmental Action Committee (EAC) is aware that the City Council will be voting to re- establish zoning in 2 areas, Park West and Spring Woods, from their current un-zoned status to a combination of UT (Urban Thoroughfare) and CS (Community Services) for the former, and UT exclusively for the latter. This would allow for the densest and most varied possible development in the city. Given the environmental significance of these two parcels to the City's ongoing effort for climate resiliency as well as the importance of protecting Wilson Springs, we respectfully recommend and encourage that you instead consider rezoning Spring Woods and Park West to RA (Resi- dential Agriculture) rather than UT (Urban Thoroughfare) for the following reasons. The EAC has worked diligently for some time evaluating development of the Climate Action Plan (CAP), and the Cli- mate Resilience Mapping Tool which was developed as an outcome of crafting the CAP itself. This document and as- sociated software tool have succeeded in the goal of objectively describing parcels of land in the city in relation to how much (or little) they can support the long-term resiliency to withstand predicted changes in the climate. The Climate Resilience Map is a groundbreaking scientific tool to assist in making decisions for our rapidly growing city. City staff and Olsson engineering have done an excellent job of creating this tool which can help all involved to make better informed decisions associated with future development. It is now possible to look at any parcel of land in the city to reference it's ranking on this interactive mapping tool from least to most impactful on climate resiliency from development. Given what we have learned from the Climate Resiliency Map scoring data, the EAC would advocate for a reconsider- ation in zoning of the two parcels in question. The Park West and Springwoods parcels have identifiable ecosystem services and ecological resilience attributes that make them valuable for consideration and protection. We would like to draw your attention to the fact that only a comparatively small number of parcels in the city exhibit such a signifi- cant score. Significant scores indicate parcels are ecologically significant and should be protected due to the ecosys- tem services they provide. The ecosystem services that the 2 un-zoned areas support include, but are not limited to, (1) supporting the health of Wilson Springs and Clabber Creek and their associated ecosystems and (2) absorption and remediation of rainwater. This is critical as climate change continues to contribute to greater and more frequent flooding events. Even as the city moves toward adoption of a new tax for storm -water services, the Council needs to be ever vigilant that future zoning changes and development will not exacerbate flooding issues within the city. While neither the Climate Action Plan or the Climate Resilience Mapping Tool have been discussed or adopted by the City Council at this time, both are coming forward for consideration later this summer. The goal, of course, is to keep Fayetteville as healthy and livable by evaluating data gathered through numerous methods, and organizing that data to ensure well informed solutions are always available to planners and policy makers. The EAC is cognizant of the fact that high density urban thoroughfares are important to the long-term health of a city. As such, we will soon be taking a detailed look into the proposed College Avenue changes for one. At first glance, we noticed that most of the parcels in that area score very low on the Climate Resiliency Map. This suggests College Avenue corridor might be an example of a more appropriate site for high density development rather than endorsing the highest density zoning on particularly ecologically valuable parcels which could send a negative signal to our residents as to the future of environmental protection in our vibrant, fast-growing city. Jeff Pummill Environmental Action Committee Chair 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jesse Masters, Planning Director FROM: Kit Williams, City Attorney DATE: June 10, 2024 RE: Rezoning Expired Planned Zoning Districts Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal I was asked during the last City Council Meeting whether the City could be facing financial danger if it failed to rezone the two proposed rezonings of the expired Planned Zoning Districts that were recommended by Planning Staff and the Planning Commission, but not yet decided by the City Council. I did caution the City Council that if it refused to accept the recommendations of both Planning Staff and the Planning Commission to rezone these parcels to a comparable zoning district as these parcels enjoyed in their PZDs, the city could face serious problems. However, I do not think that I was a clear enough about my concerns as I should have been when discussing possible litigation over the millions of dollars of development and land values the City would be facing. The major legal problem would be in refusing to approve the zoning rights expressly approved by the Fayetteville City Council when these Planned Zoning Districts were enacted by ordinance. Those zoning rights provide explicit development rights for projects meeting the zoning criteria agreed to and enacted into the Planned Zoning District ordinance. The head of the Planning Department has been explicitly empowered by the Unified Development Code to administer and interpret most of the UDC including the Zoning and Development Chapters. I believe this is good policy as Planning deals with zoning and development issues all day every day. Initially after the development portion of the old PZDs expired through inaction, Planning still allowed some projects that matched the zoning requirements of the PZDs to be developed. I believe that this was a good and even necessary decision. More recently, Planning has sought to require a new zoning district be enacted by the City Council for new development within the undeveloped portion of expired PZDs. As long as the City Council follows the Planning Department's recommendations for the two expired Planned Zoning Districts now being considered, no protected property rights will have been adversely effected. Rezoning this property into established zoning districts will make both their development and future uses clearer and easier to administer for both the owners and staff. Is it safe for the Fayetteville City Council to refuse to agree to rezone these portions of old PZDs as recommended by Planning Staff and the Planning Commission? I must expressly and unequivocally say: "No." From the very beginning of Zoning in Arkansas in the 1940s or 50s, state law has referred to the Zoning ordinance, A.S.A. 1947 Section 19-2829 (which is now A.C.A. Section 14-56-416). As you know, ordinances are required for permanent regulations or decisions as compared to resolutions which are for one time approvals, purchases, approving most contracts, stating the intention of the Council, etc. Zoning ordinances are generally considered permanent and in force until specifically repealed or amended by the City Council. Indeed, the statutory provision used by the Council for every one of its rezonings is A.C.A. Section 14-56-423 which requires an approved individual amendment to change or discontinue an existing zoning ordinance by majority vote of the Fayetteville City Council. "After adoption of . . . ordinances . . . , no ... discontinuance of the ... ordinances... may be made except ... by a majority vote of the city council." It thus does not appear that a zoning ordinance may be discontinued in its effect due only to passage of time. CONCLUSION The Fayetteville City Council's action to pass the rezoning ordinances as recommended by both the Planning Staff and Planning Commission is certainly the correct legal decision in this case. Such action by the City Council will ensure that the City of Fayetteville will face no legal liability that could occur if these proposed rezonings are not enacted. The current Planned Zoning District code section enacted by the Council into the UDC many years ago is a proper zoning district that, like every other zoning district, will remain in force and effect unless and until the Council passes a rezoning ordinance. Therefore, more recent PZDs do not pose the issues of the earlier PZDs that combined both zoning and development rights in a single ordinance. 2 } • ' 1 ' 1• 1 we • V 1 1 1 id 1 ..: (�' '►suss.. r ' � I' ' �� J 1 � � 16, 1� .....1 came 1 • , , �� • •; • ; ' �' 1 ...�... •. •'.. 1. • oo ', � , suss. . 1 � �• , �� ■ 1 �1 •., • f 1,, �... 10 0. too Ito a limit a It a, IL ' 1 ., ...� , r 1 e v . • 1 /. 1 . .■...e....... . 1 ......ssl Vesi•' I •�• 1 r i ` 1 + I ' 1 .uses.....,. Form v1.52 media NV\ Account#: NWCL5004205 RECEIVED Company: CITY OF FAYE I hVILLE-CLERKS OFFI 113 W MOUNTAIN JUN 2 5 2024 FAYETTEVILLE,AR 72701 OF Ad number#: 414283 CITY CITY CLERK'S FAYETTEVILLELERK'S KS OFFICE PO#: Matter of: ORD 6760 AFFIDAVIT•STATE OF ARKANSAS I Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6760 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. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$94.24. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 06/23/24;NWA nwaonline.corn 06/23/24 �� GY B Rq sy/,,0 ��OJ•�. 2zpF Legal Cler o ,, 0(+q. • :>�'NOTARY pm: State of ARKANSAS,County of Sebastiatt =m.'� OTA • �: Subscribed and sworn to before me on this 24th day of June, �'� '°UBL\C ARY PUBLIC Ordinance:6760 File Number: 2024-149 REZONING-2024-0011: (SPRINGWOODS PZD IN WARD 2): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 0011 FOR 23.14 ACRES IN THE SPRINGWOODS PZD IN WARD 2 FROM PLANNED ZONING DIS- TRICT TO UT, URBAN THOR- OUGHFARE AND CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit B) both attached to the Planning Department's Agenda Memo from Planned Zoning Dis- trict to UT,Urban Thoroughfare (23.7 acres)and CS,Community Services(15.71 acres) Section 2:That the City Coun- cil 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 June 18,2024 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:$94.24 June 23,2024 414283