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Home My WebLink AboutOrdinance 4523 ORDINANCE NO. 4523 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED SPRINGWOODS (C-PZD 03-08.00) LOCATED SOUTH OF HWY. 112 AND WEST OF I-540, CONTAINING 289.28 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED COMMERCIAL DEVELOPMENT PROJECT AS APPROVED BY THE PLANNING COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the zone classification of the following described property is hereby changed as follows: From I- 1 , Heavy Commercial/Light Industrial to C-PZD 03-08.00 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan and development standards as shown on the preliminary plat for springwoods and approved by the Planning Commission on October 13, 2003 . Section 3 . That this ordinance shall not take affect and be in full force until approval of the final plat for the subdivision. Section 4. That all conditions of approval of the subdivision as approved by the Planning Commission shall be satisfied prior to the issuance of a final plat. Section 5 . That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this the 21 " day of October, 2003 . prIr ' •,. F ~/ � APPROVED DAN CO DY, M r Ike 0 l4 .C � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII By"~ Doc ID : 008814110002 Tvoe : REL SONDRA SMITH, City Clerk Recorded : 12/29/2003 at 10 : 00 : 51 An Fee Amt : $31 . 00 v .FoaaeA 1 of 2 eetteWashinaton eounty . AR Bette St amoa circuit Clerk F11e200340064823 EXHIBIT "A" C-PZD 03-08.00 A PART OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NW CORNER OF SAID SECTION 33, THENCE SOUTH 87019'24"EAST-2637.40 FEET TO THE NE CORNER OF THE NE '/40F THE NW /40F SAID SECTION 33 ; THENCE SOUTH 87014156" EAST - 247.50 FEET; THENCE SOUTH 2°26' 17" WEST- 1030.76 FEET; THENCE SOUTH 87017'25" EAST - 1100. 15 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 71 BYPASS; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING BEARINGS AND DISTANCES, SOUTH 26°01 ' 09" WEST - 74. 14 FEET; THENCE SOUTH 74°59' 16" WEST - 100. 11 FEET; THENCE SOUTH 75' 15 '02" WEST - 117.54 FEET; THENCE SOUTH 66°53 '26" WEST - 127.62 FEET; THENCE SOUTH 50013136" WEST - 191 .34 FEET; THENCE SOUTH 31 °34'48" WEST - 190.36 FEET; THENCE SOUTH 16024' 53" WEST - 126.58 FEET; THENCE SOUTH 4° 16'48" WEST - 188.26 FEET; THENCE SOUTH 16036' 56" EAST - 57.67 FEET; THENCE SOUTH 12048 '23" EAST 100. 11 FEET; THENCE SOUTH 5° 19' 10" EAST - 280.77 FEET; THENCE SOUTH 7015 '05"WEST 170.41 FEET; THENCE SOUTH 27010'09" WEST - 171 .37 FEET; THENCE SOUTH 34° 22'25" WEST 949. 12 FEET; THENCE SOUTH 38°27'59" WEST - 150.76 FEET; THENCE SOUTH 34'22' 18" WEST - 922.60 FEET; THENCE LEAVING THE WEST RIGHT OF WAY OF HIGHWAY 71 BY PASS NORTH 87° 11 ' 53" WEST - 631 .86 FEET; THENCE SOUTH 2°25 '44" WEST - 329.87 FEET; THENCE NORTH 87°21 ' 18" WEST - 660.00 FEET; THENCE NORTH 2025 '44" EAST 330.00 FEET; THENCE NORTH 87021 ' 18" WEST - 660.23 FEET; THENCE NORTH 2028111 " EAST - 2480.65 FEET; THENCE NORTH 87° 19'24" WEST - 330.00 FEET; THENCE NORTH 2028111 " EAST-1816.06 FEET TO THE POINT OF BEGINNING, CONTAINING 289.28 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 12/29/2003 10:00:51 AM and recorded in Real Estate File Number 2003-00084823 Bette Stamps - Circuit Cler by NAME OF FILE: Ordinance No, 4523 CROSS REFERENCE: Item # Date Document 1 10/21/03 IStaff Revieww/attachments: draft ordinance memo to mayor & city council letter from EGIS Engineers letter from Audubon Arkansas copy of city council minutes copy of Close Up View copy of One Mile View copy of letter copy o Bill of Assurance letter to Manuel Barnes copy of site location copy of wetland determination letter from fire marshal letter to Joe Tarvin letter to Dawn Warrick copy of Close Up View copy of One Mile View P32 10/27/03 memo to Dawn Warrick 11/07/03 Affidavit of Publication NOTES: 12/29/2003 filed at the Washington County Courthouse 041 STAFF SIEW FORM - NON-FINANCIAL O*GATION wl Z lG 6y x AGENDA REQUEST For the Fayetteville City Council Meeting of: October 21 , 2003 FROM: Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: C-PZD 03-08.00: Planned Zoning District (springwoods, pp 248) was submitted by Joe Tarvin, P.E. of EGIS Engineering, Inc. on behalf of Collins Haynes for property located southwest of I-540 and Arkansas Highway 112. The property is zoned I- 1 , Heavy Commercial/Light Industrial, located in the Design Overlay District, and contains approximately 289.26 acres. The request is to approve the Commercial Planned Zoning District with the conditions of approval recommended by staff and the Planning Commission. STAFF RECOMMENDATION: Approval. C f Received in Mayor's Office 49 3 Di ision Head Date T • (.✓� 8 6 I �3 City Attorney ate Cross Reference: Department Director Date Previous Ord/Res#: Finance & Internal Services Dir. Date Orig. Contract Date: x, 6 '0 Orig. Contract Number: Chief minis rative Officer Date New Item: Yes No 2Z /O Mayor Date ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED SPRINGWOODS (C-PZD 03-08.00) LOCATED SOUTH OF HWY. 112 AND WEST OF I-540, CONTAINING 289.28 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ACCORDING TO THE ASSOCIATED COMMERCIAL . DEVELOPMENT PROJECT AS APPROVED BY THE PLANNING COMMISSION. ' BE IT ORDAINED BY THE CITY CO CIL OF \THE CITY OF FAYETTEVILLE, ARKANSAS: / Section 1 : That the zone classifi atio of the fohlowing des cnb4�/ed property is hereby changed as follows: From 1-1 , Heavy Commercial/Lightlndustrial to C-PZD 03-08.00 as shown in Exhibit "A" attached hereto and made a part hereof Section 2. That the change in zoning�classiTication is based upon the approved master devel p ent plan and,de elopment standards as shown on the preliminary plat for springwoods and approved by the Planning Commission on October 13, 2003. �� V Section 37, - Thatthis ordinance shall not take affect and be in full force until approval,of the final plat f i the subdivision. ArA Section 4. That all conditions of approval of the subdivision as approved by the Planning Commission shall be satisfied prior to the issuance of a final plat. Section 5: Thatt the official zoning map of the City of Fayetteville, Arkansas, \ .to reflect the zoning change provided in Section 1 above. is hereby amended Y PASSED AND APPROVED this day of 92003, APPROVED: By: DAN COODY, Mayor By: Sondra Smith, City Clerk EXHIBIT "A" C-PZD 03-08.00 A PART OF SECTION 33 , TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NW CORNER OF SAID SECTION 33 , THENCE SOUTH 87019'24"EAST-2637.40 FEET TO THE NE CORNER OF THE NE '/C OF THE NW '/4 OF SAID SECTION 33 ; THENCE SOUTH 87014'56" EAST — 247.50 FEET; THENCE SOUTH 2°26' 17" WEST-1030.76 FEET; THENCE SOUTH 87017 '25" EAST — 1100. 15 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 71 BYPASS; THENCE ALONG SAID WESTIRIGHT OF WAY LINE THE FOLLOWING BEARINGS AND DISTANCES, SOUTHQ6001909" WEST — 74. 14 FEET; THENCE SOUTH 74'59' 16" WEST - 100. 11 FEET, �TIENCE SOUTH 75°15'02" A14; WEST — 117.54 FEET; THENCE SOUTH 66053 '26" WEST 127.62 FEET; THENCE SOUTH 50013736" WEST - 191 .34 FEET; THENCEISOFTH 31 °34 48" WEST - 190.36 FEET; THENCE SOUTH 16024'53" WEST — 126f8 FEET; THENCESO• UTH 4016748" WEST — 188 .26 FEET; THENCE SOUTH 16036' 56" EAST — 57.67 FEET; THENCE SOUTH 12048 '23" EAST 100. 11 FEET; THEN@E S014HH 5019110" EAST — 280.77 FEET; THENCE SOUTH 7° 15'05"WEST 17044I`4FEET;" THENCE SOUTH 27010709" WEST — 171 .37 FEET; THENCE SOUTH 340 22'25"r WEST 949. 12 FEET; THENCE SOUTH 38027959" WEST - 150.76FEE�T; •THENCE SOUTU.34022518" WEST - 922.60 FEET; THENCE LEAVING THE WEST`RIGHT OF WAY'OFHIGHWAY 71 BY PASS �.. NORTH 87011753" WEST - 631 .86 FEET; THENCE SOUTH%2025 '44" WEST - 329.87 FEET; THENCE NORTH 87021118" WEST — 660.00 FEUVTHENCE NORTH 2°25 '44" 7 ° EAST 330.00 FEET; TsHENCE NORTH 8�021718" WEST — 660.23 FEET; THENCE NORTH 202811 F ST — 24R065 FEET; THENCE NORTH 87019924" WEST — 330.00 FEET; THENCORTH 2°28 ' 11 " EAST'"-. 1816.06 FEET TO THE POINT OF BEGINNING, CONTAINING 289:28 ACRES MORE OR LESS, WASHINGTON COUNTY, 11 SAS. XiII �f74 v • City Council Ang of October 21 , 2003 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director (�C . From: Dawn T. Warrick, AICP, Zoning and Development Administrator �1 " Date: October 3, 2003 Subject: Commercial Planned Zoning District for springwoods RECOMMENDATION Planning Staff recommends approval of an ordinance creating the Commercial Planned Zoning District (C-PZD) for springwoods. This action would allow the establishment of a master plan with uses identified for 9 proposed lots. Development of each lot in the future will require further approval from the Planning Commission. BACKGROUND The City Council entered into an agreement with developer Collins Haynes for property formerly known as Wilson Springs Business Park. The current proposal is to create 9 total lots for further development review. Each lot has been identified with land uses designated which would be appropriate. Uses proposed include office and commercial, single family residential, multi-family residential and preserved land for wildlife/nature uses. One small lot (lot #9) contains a City lift station. This property will remain under City ownership for this public purpose. DISCUSSION The Planning Commission will consider this request on Monday, October 13 , 2003 . Approval of a planned zoning district project requires City Council approval as it includes zoning approval in the designation of uses for lots being proposed by a specific development plan. BUDGET IMPACT None. I SEP - 24 - 03 11 : 59 RM EGIS CONSULTING 479 271 8627 P - 01 • EGIS ENGINEERING , INC . 314 South Main (479) 271 .9252 Bentonville, AR 72712-5903 (479) 271 -8627 (fax) Web: www.egis-env.com egis®egis•eriv.com September 24, 2003 City of Fayettevllle Planning/Engineering Department 113W. Mountain Fayetteville, AR 72701 Attn: Tim Conklin Re: Legacy Project Fayetteville, Arkansas Dear Mr. Conklin: We would like to request that an amendment be made to the Master Street Plan regarding Truckers Lane and Technology Boulevard in Fayetteville. The two referenced streets are presently shown to cross our Legacy project location; therefore, we are requesting Truckers Lane and Technology Boulevard be removed from crossing the Legacy project. Thank you for your consideration and assistance with this project. Sincerely, U Joe Tarvin, P.E. President R w A ' ub ' I JJ(d 1 Q11 ARKANSAS Suite 4c" Litdc: hock, K :. , BOARD OF DIRECTORS Uun Nclms Preridc,u Vu'V�VJ.�iiU UZ?OIl.Oe rte' Favelterille August 22, 2003 led s,awell Hrcnnt 'r'dand Currie Collins Haynes 'r,°°t Rlanha Milrr Harriman Haynes LTD "" /'t °" 5417 Pinnacle Point Drive Di . If ,, Ne_ ar�peerel/ Gin Rogers, AR 72758 Ur. Kohn t Porter Liner Reicl� - Dr. Trudie Kibbe Recd Dear Mr. Haynes: Little Roe ei� ann lcuniu¢s ShnckcllLrd x„herr shtat. RE: Letter of Support Regarding Wilson Spring Property Little aoc did,:,el r,” ver"r I have enjoyed working with you and your team on the Wilson Spring project and C:,rl S. Whah>ck appreciate the time, energy, and earnestness you have brought to the task. You Lillie Rewl" P(^,% Whipple have been open to suggestions on the design of this project that we believe will ''krd`•111I1 " help protect the sensitive environmental features of the property. In response to IBA TECHNICAL Audubon's feedback on your initial draft development plan, you have: COMMITTEE Bill Shepherd chaimiall Increased the size of the undeveloped property from 100 acres to 120 acres Linle Knt'r . Led Anacrsun or more, Flc( t w Bill Bean Folf Smith • Established protective wildlife corridors to the north and west thus vr. hone. FIctinarz encompassing stream buffers to Clabber Creek and its small tributaries, lollerborn Shuren Carter Couernv Lam Hedrick Removed a bridge over Clabber Creek that would have affected the / /o' `/"i"•l' watershed and jeopardized important habitat for the rare Arkansas Darter, sal Holimon Lir;le 2o,1r ur. letteillr, la""' FavrttrrConcentrated the acreage you propose to give to Audubon, thus reducing Lulea Kendrick-Lacy the fragmentation of habitat, Nngnoli„ Sterling Lcy "eLave Cheryl Lavers • Incorporated adjacent development designs that minimize detrimental 10lersboll impacts to the proposed Audubon property, Dc Norman Lavers /nnesbnrn Charles: noels ■ Offered 3 .0 acres of land to Audubon along Shiloh Drive appropriate for a Mede„ Anan 1. Muceer future Audubon Center. eouwae Benne Nichols P„,,bn,t, Audubon has been interested in the conservation of this property and its Max Parker nrnne,,, significant wildlife habitat for the past two years and welcomes the opportunity to °`. Her.d,d R"""> work with Haynes Ltd. If the City of Fayetteville approves a development plan co„w, t CntherinelZidcnut and the ultimate sale of this property, Audubon will consider taking ownership of Little Roe/l IiMcn Rune De lVitt Michad ”Bo" ener ,4ebrr ,tarring± COPY all or parts of the balance of the undeveloped land. There are issues and details to work through, and Audubon has an internal approval process that must be followed, but I am hopeful that we can preserve the environmentally significant features of the land and one day have a ribbon cutting for a state of the art environmental education center for northwest Arkansas. Any formal agreement between Audubon and Haynes Ltd will require approval by the President and the . Board of the National Audubon Society. Thank you for working with Audubon. Sincerely yours, Kenneth L. Smith Vice President and Executive Director cc: Don Nelms, Audubon Arkansas Board Chairman Dan Taylor, Vice President, National Audubon Society COPY City Council Meering May 6, 2003 Page 3 of 23 OLD BUSINESS: R-PZD 03-1.00 (Jackson Place): Planned Zoning District Jackson Place: An ordinance establishing a Residential Planned Zoning District titled Jackson Place (R-PZD 03- 1 .00) located south of Skillern Road and east of Crossover Road; amending the official zoning map of the City of Fayetteville. The ordinance was left on the first reading at the April 15, 2003 City Council Meeting. Alderman Davis moved to suspend the rules and go to the second reading. Alderman Jordan seconded. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance Tim Conklin, City Planning, said this is a residential planned zoning district it is 14 lots of single family homes. Staff and the Planning Commission recommended approval. Alderman Marr said at agenda session when this first came up there was some discussion about the intersection and whether or not that could be studied. I am concerned about the concern on this intersection and how this might impact 265 traffic. Mr. Conklin said staff did forward to transportation consultants that are working on the master plan a copy of this intersection for them to look at. A plan at this time is to place a stop sign where Old Wire turns back to the north and a stop sign at the new road that will line up across from Old Wire going to the north. Alderman Davis moved to suspend the rules and go to the third and final reading. Alderman Jordan seconded. Upon roll call the motion carried unanimously. Mr. Williams read the ordinance Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 4480 As Recorded In The Office Of The City Clerk. NEW BUSINESS: Wilson Springs Business Park Land Sale: A resolution to approve the real estate purchase and sale contract wherein Legacy Project LLC purchases the 289 acre I-540 Business Park site from the City of Fayetteville for 5 .2 million dollars and other consideration. Collins Haynes a developer said he has made an offer on the I-540 Business Park and that he is here to answer any questions. He said he thinks a minimum of 100 acres will be preserved. Alderman Thiel said that in the contact it says an agreement to convey and deed 100 acres more or less of the property identified by Legacy Project to an Environmental Conversation Non-Profit