Loading...
HomeMy WebLinkAboutOrdinance 5419 Iililliitliilt8liit�ittVllfiifliliihiiillii�ltiftiullllllllllllllllll 'Doe ID: 014157810004_Type : ,REL Kind : ORDINANCE Recorded : 08/ 15/2011 at 03 : 49 : 31 Ph Fee Amt : $30 . 00 Pace 1 of 4 Maahinoton Countv . AR Bette Stamoa Circuit Clerk File2011 -00022953 ORDINANCE NO. 5419 AN ORDINANCE REVOKING R-PZD 06-2190 (WOODBURY) REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11 -38065 FOR APPROXIMATELY 9.26 ACRES, LOCATED SOUTH OF ZION ROAD AND EAST OF TALIESIN LANE, FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190, TO NC, NEIGHBORHOOD CONSERVATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That a portion of the property as described herein zoned R-PZD 06-2190 (Woodbury) is hereby revoked because the developer failed to obtain development permits in accordance with the approved phased development schedule. Section 2 : That the zone classification of the following described property is hereby changed as follows: From R-PZD, Residential Planned Zoning District 06-2190 to NC, Neighborhood Conservation, as shown on Exhibit "A" attached hereto and made a part hereof. Section 3 : That the property identified in Exhibit 'B" attached hereto shall retain its zoning designation of R-PZD 06-2190 (Woodbury), with all of the zoning and development rights and regulations prescribed therein. Section 4: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 2 and 3 above. TR fit 946 PASSED and APPROVED this 19th day of July, 2011 . ; FAYETTEVILLE ' APPROVED- ATTEST: "%9sy RKANSP�J�:� f NGTON , � `. By: By: &An/ GL . �/YVlitl� I ELD J AN, Mayor SOND�RA E. SMITH, City Clerk/Treasurer Exhibit "A" RZN 11 -3806 WOO D B U RY Close Up View Z U J z n a ~ o 3 RIVER BIRCH DR 3 RA= SUBJECT PROPERTY a BAYSIDE XING H U 0 WISTERIA CT r ti m = O e U m LL U a a Z RPZ0 SNAPDRAGON CT J zro CARNATION CT W W N J F H RSF4C`1 _ ISV+HO �d F cwt 2ACT SEA HOLLY CT O z� RMF-24 Z 2 a' 2 w CATALINAXING �p o A 0 g o_ m m R-A yC+ r Legend = RZN11 -3806 ... ... ... ... . Muti-Use Trail (Existing) Future Trails Footprints 2010 ® Hillside-Hilltop O erlay District Design Overlay District Design Overlay District ----- Planning Area Fayetteville EXHIBIT "A" RZN 11-3806 A PART OF THE NEIA OF THE SETA OF SECTION 24, IN TOWNSHIP 17 NORTH AND RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S86056703"E 653 .39 FEET TO A FOUND RAILROAD SPIKE SET IN CONCRETE AT THE SOUTHEAST CORNER OF USONIA TERRACE ADDITION TO THE CITY OF FAYETTEVILLE, THENCE ALONG SAID SUBDIVISION LINE N00°31 ' 16"W 225 .51 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N 000 31 ' 16" W OF 566.61 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 170 34' 51 .6", HAVING A RADIUS OF 724.78 FEET, AND WHOSE LONG CHORD BEARS N 810 08' 54" E FOR A DISTANCE OF 221 .52 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL LINE, THENCE N 890 52' 32" E OF 477.01 FEET TO A FOUND 5/8-INCH REBAR, THENCE LEAVING SAID RIGHT OF WAY S O1 ° 14' 05 " W 866.33 FEET TO A FOUND 5/8-INCH REBAR, THENCE N 860 3914311 W 370.36 FEET TO A FOUND IRON PIN, THENCE N O10 14' 11 " W 225 .60 FEET TO A FOUND 5/8- INCH REBAR, THENCE N 860 40' 14" W 297.97 FEET TO THE POINT OF BEGINNING CONTAINING 11 .66 ACRES MORE OR LESS. SUBJECT TO RIGHT OF WAY ALONG ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF RECORD. Exhibit " B " RZN 11 -3806 WOO D B U RY Close Up View II I AAA • ,�� ti. - RIVER BIRCH OR- - ALC�J i� N d SUBJECT PROPERTY SAYSIDE XING. WISTERIA CT O y � O y U m LL j U � a Z Rp2p SNAPDRAGON CT J � GAN O E w y a RSF-d X SLA D G U W LL 2A CT SEA HOLLY CT 0 Q RMF-2d Z C 2 LL CATALINAXING. S � 0 F � r $ v 3 m T� RA Legend ... ... ••. .•.• Multi-Use Trail (Existing) Future Trails CM Footprints 2010 — Hillside-Hilltop O erlay District Design Overlay District Design Overlay District ------ Planning Area O Fayetteville 111s ^,.i gt�, n I certify this instrument was filed on '08/15/2011 03:49:31 PM–'—' ' "' "I and recorded in Real Estate File Number 2011 -00022953 Bette Stamp Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements til 6VI2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: RZN 11 -3806: (South of Zion Road and East of Taliesin LanelWoodbury, 137): Submitted by The City of Fayetteville for property located south of Zion Road and east of Taliesin Lane. The property is zoned R-PZD, Residential Planned Zoning District 06-2190 and contains approximately 11 .66 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone a portion of the subject property to NC, Neighborhood Conservation. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached fry; 06241M Previous Ordinance or Resolution # Department i for Date Original Contract Date: S _ Z4) ' 2 ) t ( Original Contract Number: City Attorney % Date *fa„J 0� . �, ,,� 5 - 2d - lar, Finance and Internal Services Director Date Received irpc5ityl 9 - 1 1 PO 3 : 5 3 R CV D ^� �fr� Clerk's Office / L , C/ Chi f S Date / Received in Mayor's Office S 0 ay r Date Comments: 'b q-'-L 14tghJ Ja a , 2009 uc1 F OY1�I{/ SIC Uv (� �LO� ItiJJJ� Offal /l l CC Iikj. Fay e Ue;ileTHE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Dara Sanders, Current Planner Date: May 11 , 2011 Subject: RZN 11 -3806 (Woodbury) RECOMMENDATION Planning Commission and staff recommend approval of an ordinance to rezone the undeveloped portion of the Woodbury project boundary containing approximately 9.26 acres from R-PZD 06-2190 to NC, Neighborhood Conservation. BACKGROUND The Woodbury project boundary consists of 11 .66 acres located on the south side of Zion Road, approximately 0.3 miles west of Crossover Road. In 2006, the Planning Commission and City Council approved the Woodbury Residential Planned Zoning District on the subject property (R-PZD 05- 1635). The property was originally zoned R-A, Residential Agricultural. The R-PZD zoning permitted three planning areas: Planning Area l - 67 single family dwellings surrounding a common area at a density of approximately 8.5 units/acre Planning Area 2 - 45 multi-family dwellings in two buildings at a density of approximately 17 units/acre adjacent to Zion Road Planning Area 3 - Common area in a central location with a clubhouse, pool, and greenspace The applicant proposed to develop all roads and infrastructure in approximately eight to twelve months from City Council approval and to construct the residences in groupings in response to market demands, with a full build-out within three years of approval. Construction permits for the project were obtained to install the primary internal and the perimeter private streets, the clubhouse and pool, and 16 of the single-family dwellings. However, construction permits for the remaining seven internal private streets and dwelling units were not obtained and the R-PZD approval has expired. While the original PZD remains intact for regulation of the existing dwellings within the Woodbury neighborhood, the remaining undeveloped property, approximately 9.26 acres, is unable to be developed or subdivided until the old PZD zoning is revoked and a new, valid zoning district is assigned. In an effort to establish a valid zoning district on the subject property the City Planning Division has initiated the PZD revocation process following the requirements Fayetteville Unified Development Code Chapter 166.06(C). An initial letter was sent to the property owners on October 21 , 2010 notifying them of the expired PZD, discussing options for establishing a valid zoning district, and the intent of the City to revoke the PZD and rezone the property if the owners did not initiate a rezoning. On April 7, 2010 the City Planning Division sent an official PZD revocation letter to the property owner via certified mail THE CITY OF FAYETTEVILLE, ARKANSAS notifying them that the City Planning Division was proposing to revoke the PZD and rezone the property to NC, Neighborhood Conservation. Staff finds that the NC zoning district is consistent with the Future Land Use designation of Residential Area on the property and the existing and surrounding land uses and infrastructure. This site is located in an area with a range of uses and residential densities. While the NC district would not allow for the multi-family apartment buildings to be constructed adjacent to Zion Road, the current or future property owner could request conditional use approval to construct three-family dwellings or to submit a separate request to rezone this portion of the property to some other zoning district that would allow for the multi-family dwellings by right. DISCUSSION On May 9, 2011 the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-2-0. Commissioners Hoskins and Honchell voted "no", with Commissioner Hoskins stating on the record a preference that the property revert back to the original R-A, Residential Agricultural zoning district. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REVOKING R-PZD 06-2190 (WOODBURY) REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11 -3806, FOR APPROXIMATELY 9.26 ACRES, LOCATED SOUTH OF ZION ROAD AND EAST OF TALIESIN LANE, FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190, TO NC, NEIGHBORHOOD CONSERVATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That a portion of the property as described herein zoned R-PZD 06-2190 (Woodbury) is hereby revoked because the developer failed to obtain development permits in accordance with the approved phased development schedule. Section 2: That the zone classification of the following described property is hereby changed as follows: From R-PZD, Residential Planned Zoning District 06- 2190 to NC, Neighborhood Conservation, as shown on Exhibit "A" attached hereto and made a part hereof. Section 3 : That the property identified in Exhibit "B" attached hereto shall retain its zoning designation of R-PZD 06-2190 (Woodbury), will all of the zoning and development rights and regulations prescribed therein. Section 4: 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 day of 2011 . APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "B" RZN 11-3806 A PART OF THE NEI /4 OF THE SEI /4 OF SECTION 24, IN TOWNSHIP 17 NORTH AND RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S86056'03"E 653 .39 FEET TO A FOUND RAILROAD SPIKE SET IN CONCRETE AT THE SOUTHEAST CORNER OF USONIA TERRACE ADDITION TO THE CITY OF FAYETTEVILLE, THENCE ALONG SAID SUBDIVISION LINE N00°31 ' 16"W 225 . 51 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N 000 3111611 W OF 566.61 FEET TO THE BEGINNING OF A NON- TANGENTIAL CURVE, SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 170 34' 51 .6", HAVING A RADIUS OF 724.78 FEET, AND WHOSE LONG CHORD BEARS N 810 08' 54't E FOR A DISTANCE OF 221 .52 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL LINE, THENCE N 890 52' 3211 E OF 477.01 FEET TO A FOUND 5/8-INCH REBAR, THENCE LEAVING SAID RIGHT OF WAY S 010 14' 05 " W 866.33 FEET TO A FOUND 5/8-INCH REBAR, THENCE N 860 3914390 W 370.36 FEET TO A FOUND IRON PIN, THENCE N 010 14' 11 " W 225.60 FEET TO A FOUND 5/8- INCH REBAR, THENCE N 860 40' 14" W 297.97 FEET TO THE POINT OF BEGINNING CONTAINING 11 .66 ACRES MORE OR LESS . SUBJECT TO RIGHT OF WAY ALONG ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF RECORD. Exhibit "A" RZN 11 -3806 WOO D B U RY Close Up View RIVER BIRCH DR � I �- L. SUBJECT SUBJECT PROPERTY rc i a BAYSIDE XING � U WISTERIA CT 0 f N _ � WWV V m F LL a U > � a a 3 RPZD SNAPDRAGON CT CARNATION CT W N J 1- RSFJ CV ISLAND 4o 02ACT SEA HOLLY CT Z RMFdO 2 Z K Z w CATALINAXING I _ ¢ 0 P 9 Y o i 9` 5 � m � Legend = RZN11 -3806 ... ... .. .... Muti-Use Trail (Existing) $ 1 .1 .1110 Future Trails a Footprints 2010 - Hillside-Hilltop O erlay District L _ _ ! Design Overlay District = Design Overlay District ------ Planning Area Fayetteville Exhibit " B " RZN 11 -3806 WOO D B U RY Close Up View J U_j RIVER BIRCH OR ZIDtd: N P SUBJECT PROPERTY BAYSIDE XING 0 WISTERIA CT Q N a m �u U a z vzo SNAPDRAGON CT J N G' G W m J H a RSF1 = I f u7 LL ACT SEA HOLLY CT 00 _ RMF.YC � 2 LL CATALINA XING 0 A 9 Y o m 5 m Q RA yC'T Legend ... ... ... ... . Multi-Use Trail (Existing) Future Trails Footprints 2010 - Hillside-Hilltop 0 erlay District Design Overlay District Design Overlay District ------ Planning Area = Fayetteville T e evi le Y APKANSAS PC Meeting of May 9, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Mate 4 44 Updated May 11, 2011 RZN 11-3806: Rezone (WOODBURY, 137): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located SOUTH OF ZION ROAD AND EAST OF TALIESIN LANE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190 and contains approximately 11.66 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Dara Sanders L:��Sl�i1111►`I ITi Property Description: The Woodbury project boundary consists of 11.66 acres located on the south side of Zion Road, approximately 0.3 miles west of Crossover Road. The site is relatively flat, with a majority of the tree canopy on the property along Zion Road. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Zoninp and Land Use Direction Land Use Zoning North Zion Gardens R-PZD underdevelopment R-PZD 05-1599 South Undeveloped wood and agricultural land R-A, Residential -Agricultural East Multi -family residential RMF-24, Residential Multi -Family 24 Units/Acre West Single-family residential RSF-4, Residential Single -Family 4 Units/Acre History: In 2006, the Planning Commission and City Council approved the Woodbury Residential Planned Zoning District on the subject property (R-PZD 05-1635). The property was originally zoned R-A, Residential Agricultural. The R-PZD zoning permitted three planning areas: Planning Area 1 - 67 single family dwellings surrounding a common area at a density of approximately 8.5 units/acre Planning Area 2 - 45 multi -family dwellings in two buildings at a density of approximately 17 units/acre adjacent to Zion Road PlanningArea rea 3 - Common area in a central location with a clubhouse, pool, and greenspace The applicant proposed to develop all roads and infrastructure in approximately eight to twelve months from City Council approval and to construct the residences in groupings in response to market demands, with a full build -out within three years of approval. Construction permits for the project were obtained to install the primary internal and the perimeter private streets, the clubhouse and pool, and 16 of the single-family dwelling. However, construction permits for the remaining seven internal private streets and dwelling units were not obtained and the R-PZD approval has expired. PZD Revocation: If an approved PZD expires the property does not automatically revert back to the original zoning. The property is unable to be developed or subdivided until the old PZD zoning is revoked and a new, valid zoning district is assigned. In an effort to establish a valid zoning district on the subject property the City Planning Division has initiated the PZD revocation process following the requirements Fayetteville Unified Development Code Chapter 166.06(C). An initial letter was sent to the property owners on October 21, 2010 notifying them of the expired PZD, discussing options for establishing a valid zoning district, and the intent of the City to revoke the PZD and rezone the property if the owners did not initiate a rezoning. On April 7, 2010 the City Planning Division sent an official PZD revocation letter to the property owner via certified mail notifying them that the City Planning Division was proposing to revoke the PZD and rezone the property to NC, Neighborhood Conservation. The section of the Fayetteville Unified Development Code covering PZD revocation and copies of letters sent to the property owners are attached to this report. Proposal: The City Planning Division proposes to rezone the remaining undeveloped portion of the Woodbury project boundary from R-PZD 06-2190 to NC, Neighborhood Conservation. Public Comment: Staff has received public comment from a residence in this neighborhood concerned with drainage issues. RECOMMENDATION: Staff recommends forwarding RZN 11-3806 (Woodbury) to the City Council with a recommendation for approval based on the findings stated herein. 11PLANNING COMMISSION ACTION: Required YES Date: May 9, 2011 ❑ Tabled ❑ Forwarded ❑ Denied Motion: Chesser Second: Winston Honchel voted "no") CITY COUNCIL ACTION: Date: Vote: Required YES ❑ Approved ❑ Denied CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as Residential Neighborhood Area. Residential Neighborhood Areas are almost exclusively residential in nature with conventional setbacks. This designation may have large blocks and irregular roads to accommodate natural conditions. A primary guiding policy of Residential Neighborhood Areas is to, "Site new residential areas accessible to roadways, alternative transportation nodes, community amenities, schools, infrastructure, and retail and commercial goods and services. " INFRASTRUCTURE: Streets: The site has access to Zion Road. Zion Road is a fully improved three lane City street in this location. Street improvements will be evaluated at the time of development of this property. Water: Public water is available to the property. There are 8" public water mains extended throughout the development. Sewer: Sanitary sewer is available to the site. There are 8" sanitary sewer mains extended throughout the development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. Police: Staff did not receive objections from the Police Department to this rezoning. Fire: The Fire Department does not find that this rezoning will affect calls for service or response times. 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: Staff finds that the NC zoning district is consistent with the Future Land Use designation of Residential Area on the property and the existing and surrounding land uses and infrastructure. This site is located in an area with a range of uses and residential densities. Staff finds that proposed zoning district would allow for the development of single- and two-family dwellings in a compact form, similar to the density approved for the majority of the project boundary with R-PZD 06-2190. While the NC district would not allow for the multi -family apartment buildings to be constructed adjacent to Zion Road, the current or future property owner could request conditional use approval to construct three-family dwellings or to submit a separate request to rezone this portion of the property to some other zoning district that would allow for multi- family dwellings by right. 0 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed at this time as the existing R-PZD zoning has expired and the property is unable to developed in any manner, including minor applications such as a lot split or single family residence, until the expired PZD zoning is revoked and a new zoning district is assigned. As discussed in Finding No. 1, the proposed zoning is justified as it is compatible with the surrounding zoning and land uses and consistent with the City's Future Land Use Plan. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed rezone would not increase traffic congestion in comparison to the R-PZD. The NC zoning is a medium density zoning that would not result in large volumes of traffic as the maximum density is 10 dwelling unit per acre. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public service's including schools, water, and sewer facilities. Finding: Increased load on public services were taken into consideration and recommendations from the Engineering, Fire, and Police Departments and are included in this report. The proposed zoning change to NC should have no discernable impact on public services. 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: Not applicable. Staff recommends in favor of the request. 'FmSITA R2 pz� zoo► lvlG CQew _ P will consist of "The Commons," containing a clubhouse, pool, outdoor living areas, and park area. PLANNING AREA 1 PERMITTED USES UNIT DESCRIPTION UNIT 1 CITY-WIDE USES BY RIGHT UNIT 8 SINGLE FAMILY DWELLING CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT UNIT 24 HOME OCCUPATIONS LAND USE DENSITY / INTENSITY TOTAL PLANNING AREA SIZE: 7.92 ACRES TOTAL NUMBER OF RESIDENTIAL UNITS: 67 NON-RESIDENTIAL SQUARE FEET: NOT APPLICABLE RESIDENTIAL DENSITY: 8.5 UNITS PER ACRE BULK AND AREA REGULATIONS AREA REGULATIONS LOT WIDTH MINIMUM: 32 FT LOT AREA MINIMUM: 1,200 SF LAND AREA PER DWELLING: 3,096 SF SETBACK REQUIREMENTS FRONT-WOODBURY DRIVE: 10 FT from R/W (Back of Curb) FRONT -PRIVATE DRIVES: 15 FT from Access Easement SIDE -PROPERTY LINE: 8 FT MIN. BETWEEN BUILDINGS: 6 FT HEIGHT Structures in this Planning Area are limited to a building height of 35 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 35 feet by obtaining a variance after hearing by the Planning Commission. BUILDING AREA MAXIMUM: 60% CI SITE PLANNING LANDSCAPING A Landscape Tree shall be planted every 30 feet of public and private street frontage, and along the pedestrian walkways as indicated on the landscape plan. PARKING Parking in this Planning Area will be mainly occur in garages in the individual units. The Woodbury covenants are very specific that garages are to be used for parking vehicles, not for storage. On -street parking is allowed on the 1-way portions of Woodbury Drive surrounding The Commons. All 2 and 3 bedroom units have a 2-car garage which satisfies the parking requirements for those units. There are only 6 single bedroom units in the development and these have only a 1-car garage. Excess parking requirements for these units will be satisfied by the on -street parking allowed on Woodbury Drive. ARCHITECTURAL DESIGN STANDARDS Structures shall be built using brick, stone, and stucco with lap and shingle siding, consistent with the building elevations included in the project booklet. PLANNING AREA 2 PERMITTED USES UNIT DESCRIPTION UNIT 1 CITY-WIDE USES BY RIGHT UNIT 26 MULTI -FAMILY DWELLINGS CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT UNIT 12 OFFICES, STUDIOS, AND RELATED SERVICES UNIT 13 EATING PLACES UNIT 15 NEIGHBORHOOD SHOPPING GOODS UNIT 16 SHOPPING GOODS UNIT 24 HOME OCCUPATIONS LAND USE DENSITY / INTENSITY TOTAL PLANNING AREA SIZE: 2.62 ACRES TOTAL NUMBER OF RESIDENTIAL UNITS: 45 NON-RESIDENTIAL SQUARE FEET: NOT APPLICABLE RESIDENTIAL DENSITY: 17.2 UNITS PER ACRE W BULK AND AREA REGULATIONS A AREA REGULATIONS LOT WIDTH MINIMUM: 18 FT LOT AREA MINIMUM: 1,100 SF LAND AREA PER BUILDING UNIT: 2,536 SF A USE MAXIMUMS A A MAXIMUM OF 209000 SF OF THIS PLANNING AREA MAY BE UTILIZED FOR CONDITIONAL USE UNITS 12, 139 15, AND 16. A A SETBACK REQUIREMENTS FRONT-ZION: 10 FT FRONT-WOODBURY DRIVE: 10 FT from R/W (Back of Curb) A FRONT -PRIVATE DRIVES: 5 FT from Access Easement SIDE -PROPERTY LINE: 10 FT A MIN. BETWEEN BUILDINGS: 6 FT HEIGHT A Structures in this Planning Area are limited to a building height of 45 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. BUILDING AREA MAXIMUM: 65% 1! SITE PLANNING S LANDSCAPING A Landscape Tree shall be planted every 30 feet of public and private street frontage, and along the pedestrian walkways as indicated on.the S landscape plan. PARKING Parking in this Planning Area will occur in garages in the individual units. The Woodbury covenants are very specific that garages are to be used for A parking vehicles, not for storage. All units in this Planning Area are 2 bedroom units and will have a 2-car garage to match the number of bedrooms in the unit. This satisfies the parking requirements for those units. S ARCHITECTURAL DESIGN STANDARDS Structures shall be built using brick, stone, and stucco with lap and shingle siding, consistent with the building elevations included in the project booklet. S S s S 6 s PLANNING AREA 3 PERMITTED USES UNIT DESCRIPTION UNIT 1 CITY-WIDE USES BY RIGHT UNIT 4 CULTURAL & RECREATIONAL FACILITIES CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT LAND USE DENSITY / INTENSITY TOTAL PLANNING AREA SIZE: 1.12 ACRES TOTAL NUMBER OF UNITS: 0 NON-RESIDENTIAL SQUARE FEET: 3,000 SF INTENSITY: 2,679 SF PER ACRE BULK AND AREA REGULATIONS AREA REGULATIONS BUILDING WIDTH MINIMUM: 35 FT BUILDING AREA MINIMUM: 1,500 SF LAND AREA PER DWELLING UNIT: NOT APPLICABLE SETBACK REQUIREMENTS WOODBURY DRIVE: 10 FT from R/W (Back of Curb) HEIGHT Structures in this Planning Area are limited to a building height of 35 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 35 feet by obtaining a variance after hearing by the Planning Commission. BUILDING AREA MAXIMUM: 45% SITE PLANNING LANDSCAPING A Landscape Tree shall be planted every 30 feet of public and private street frontage, and along the pedestrian walkways as indicated on the landscape plan. PARKING Parking in this Planning Area will occur in the parking area in front.of the clubhouse and on Woodbury Drive. On -street parking is allowed on the 1- way portions of Woodbury Drive surrounding The Commons. As a maximum 3,000 SF building, 12 spaces are required (1 per 250 SF). We 7 PROPOSED ZONING 161.26 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 9 Two-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 10 Three-family dwellings Unit 12 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 (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 80 ft. Three Family 90 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front The principal faFade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side 5 ft. Rear 1 5 ft. Rear, from center line 12 ft. of an alley (F) Minimum buildable streetfrontage.40%oflot width. (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. 166.06 Planned Zoning District (PZD) (L) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased master development plan schedule as stated in the approved development plan. (c) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff may report the status of each ongoing PZD at the first regular meeting of each quarter, so that the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. ENGINEERING COMMENTS: RZN 11-3806: Rezone (WOODBURY, 137): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the corner of SOUTH OF ZION ROAD, AND EAST OF TALIESIN LANE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190 and contains approximately 11.66 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Dara Sanders Public water is available to the property. There are 8" public water mains extended throughout the development. Sanitary sewer is available to the site. There are 8" sanitary sewer mains extended throughout the development. The site has access to Zion Road. Zion Road is a fully improved three lane City street in this location. Street improvements will be evaluated at the time of development of this property. Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. THE CITY OF FAYETTEVILLE, ARKANSAS 1 FIRE DEPARTMENT a 303 West Canter Street ,.p Fayetteville,AR72701 P f4701979-RIAK 9IA701[7[J1n71 Zoning Review To: Dara Sanders From: Terry Lawson, Fire Marshal Date: May 3, 2011 Re: RZN 11-3806: Rezone (WOODBURY, 137): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the comer of ZION ROAD, AND EAST OF TALIESIN LANE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190 and contains approximately 11.66 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Dara Sanders This development will be protected by Engine 5 located at 2979 N. Crossover Rd. It is 5 miles from the station with an anticipated response time of 5 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development zoning change will affect our calls for service or our response times. If you h/ave any questions please feel free to contact me. Fayetteville Fire Department Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain- Fayetteviile, AR 72701 From: DEBORAH SANTEFORD <deborah.santeford@fayar.net> To: "agamer@ci.fayetteville.ar.us" <agarner@ci.fayetteville.ar.us> Date: 5/4/2011 10:08 AM Subject: Woodbury PZD Mr. Garner: I have read about the rezoning of the PDZ's and have seen the sign at the Woodbury Subdivision. Drainage is a very big issue for the existing homeowners. I do believe the city engineers either miscalculated the need for serious drainage work on the property, or the builder ignored the directives. It has left the homeowners below the retaining walls (including myself) with moats around the homes. It has been particularly evident this spring, but it is a recurring, year round problem because of natural springs. I do hope the city will take the time to look carefully at the property before it is rezoned. I am not an engineer or a drainage expert, but I am very sure there could be development on the empty property that would make the situation worse for the existing homeowners. Thank you for your consideration of this matter. If there is something the homeowners can do to inform the city further, please let me know. As a separate question, I would like to know if the current zoning is the reason why homeowners in the subdivision are without street signs. Chris Elkins at Metropolitan Bank has also told us we are responsible for the street signs, as well as streetlight power and maintenance. This is my fourth home in Fayetteville but the first with these responsibilities belonging to the homeowners. None of the homeowners were made aware of this when we purchased the homes. I hope the city will think again if Jeff Martin comes back with a proposal for another development in Fayetteville. Debbie Santeford 4278 N. Blossom Court 479-521-6860 N N THE CITY OF FAYETTEVILLE, ARKANSAS 7 April 2011 Metropolitan National Bank P.O. Box 8010 Little Rock, Arkansas 72203 Philip/Martin Development Partners LLC P.O. Box 9598 Fayetteville, Arkansas 72703-0027 Jeff Martin 2458 East Joyce Boulevard, Suite 8 Fayetteville, Arkansas 72703 Re: Re -zoning of the Expired Woodbury Planned Zoning District Project Dear Property Owner: DEVELOPMENT SERVICES DEPARTMENT 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 VIA: CERTIFIED MAIL The Assessor of Washington County, Arkansas lists you as the owner for the subject property that is zoned by the City of Fayetteville as a Planned Zoning District (PZD). This letter notifies you that the subject PZD approval has expired. In accordance with Fayetteville Unified Development Code Section 166.06(L) the City has cause to revoke this PZD as development permits have not been obtained in accordance with the approved phased development schedule. Therefore, the City Development Services Department has initiated revocation of the expired PZD zoning on your property. As part of this action staff will recommend the City Council assign the property the zoning district of NC, Neighborhood Conservation. This proposal to revoke the PZD and rezone your property will be first heard at a public meeting of the Planning Commission on May 9, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas 72701. You are welcome to speak at that meeting and/or provide written or verbal comment to City staff prior to the meeting. Please contact our office at 479.444.3443 to set up a meeting with one of our City Planners, or you may email us at development—services@ci.fayetteville.ar.us. Best Regards, add, fC� Andrew Garner Senior Planner AMG Telecommunications Device for the Deaf TDD(479)521-1316 113West Mountain -Fayetteville, AR 72701 0 0 THE CITY OF FAYETTEVILLE, ARKANSAS KANS 7 April 2011 Metropolitan National Bank P.O. Box 8010 Little Rock, Arkansas 72203 Philip/Martin Development Partners LLC P.O. Box 9598 Fayetteville, Arkansas 72703-0027 Jeff Martin 2458 East Joyce Boulevard, Suite 8 Fayetteville, Arkansas 72703 Re: Re -zoning of the Expired Woodbury Planned Zoning District Project Dear Property Owner: DEVELOPMENT SERVICES DEPARTMENT 125 West Mountain Fayetteville, AR 72701 Phone 14791444-3443 VIA: CERTIFIED MAIL The Assessor of Washington County, Arkansas lists you as the owner for the subject property that is zoned by the City of Fayetteville as a Planned Zoning District (PZD). This letter notifies you that the subject PZD approval has expired. In accordance with Fayetteville Unified Development Code Section 166.06(L) the City has cause to revoke this PZD as development permits have not been obtained in accordance with the approved phased development schedule. Therefore, the City Development Services Department has initiated revocation of the expired PZD zoning on your property. As part of this action staff will recommend the City Council assign the property the zoning district of NC, Neighborhood Conservation. This proposal to revoke the PZD and rezone your property will be first heard at a public meeting of the Planning Commission on May 9, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas 72701. You are welcome to speak at that meeting and/or provide written or verbal comment to City staff prior to the meeting. Please contact our office at 479.444.3443 to set up a meeting with one of our City Planners, or you may email us at development—services@ci.fayetteville.ar.us. Best Regards, Andrew Garner Senior Planner AMG Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 7 April 2011 Metropolitan National Bank P.O. Box 8010 Little Rock, Arkansas 72203 Philip/Martin Development Partners LLC P.O. Box 9598 Fayetteville, Arkansas 72703-0027 Jeff Martin 2458 East Joyce Boulevard, Suite 8 Fayetteville, Arkansas 72703 Re: Re -zoning of the Expired Woodbury Planned Zoning District Project Dear Property Owner: THE CITY OF FAYETTEVILLE, ARKANSAS DEVELOPMENT SERVICES DEPARTMENT 12S West Mountaln Fayetteville, AR 72701 VIA: CERTIFIED MAIL The Assessor of Washington County, Arkansas lists you as the owner for the subject property that is zoned by the City of Fayetteville as a Planned Zoning District (PZD). This letter notifies you that the subject PZD approval has expired. In accordance with Fayetteville Unified Development Code Section 166.06(L) the City has cause to revoke this PZD as development permits have not been obtained in accordance with the approved phased development schedule. Therefore, the City Development Services Department has initiated revocation of the expired PZD zoning on your property. As part of this action staff will recommend the City Council assign the property the zoning district of NC, Neighborhood Conservation. This proposal to revoke the PZD and rezone your property will be first heard at a public meeting of the Planning Commission on May 9, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas 72701. You are welcome to speak at that meeting and/or provide written or verbal comment to City staff prior to the meeting. Please contact our office at 479.444.3443 to set up a meeting with one of our City Planners, or you may email us at development _services@ci.fayetieville.ar.us. Best Regards, aWL 09L Andrew Gamer Senior Planner AMG C OTI Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 RZN 11-3806 WOO D B U RY Close Up View ...00, R.p PiL Tm ION R rn SUBJECT PROPERTY ? ALtEy-<q39 — QdladlRANDACPL� mo =}:RONT+�IeEeRELMDR pp@p gg }} iii-gg-ALLEX_i ;ijt J vi: \ ' %ING _ t0nffi' ~ J I UPI k CA �o� z Yt 3 m ab1Bl! w J R4 VALERIED cc 0 N 3 RSF4 m I LeROD(; e III RMF-24 J O<N,. ( i O RZN11-3806 I o .............M }- 'e Trail (Existing) NR4VilY� 999 - -- - - - I Future Trails J Footprints 2010 _ Hillside -Hilltop O erlay District Design Overlay C istrict Design Overlay c istrict ------ Planning Area 0 200 400 Soo 1,200 1,600 Fayetteville Feet RZN 11-3806 One Mile View WOODBURY RPZp SFd R-A RSFd tMeRY DR yi RS 4 >. LEXU$ DR o W p RSF p GREYSTONE DR u X a�a v O� LADELIE PL JASPER LN aQ ••, ,,�n-0 RSFd :i :I RSFd HEARTHSTONE DR i..wATFRSTONE DR P.1 RSF pSF. a ....:. J SUBJECT PROPERTY ' 0p 00 I� R-he-O °0/ 0 II RSF QO rxm RRmALLEY4 .NDALPL_. O ALLEY 4360 AMF-224R0 G Wm1 RSFd RO 2 RPID p _. m RSFRA ZION RD RMF3. C/ r 0-1 BY3 RMF-2a R 24 %jY RMFY. R.A im RP R-0RMF.24 RA q'UO/y' J {{ RMF-2. 2 G1 wq% RSF 6� W z FRAZIER TER 0� > R R-0 SH EfLD L ¢ TER. O RMF.24p p R# R-0 R/.2. R-0 W RI16-2. �I 424 t� RSFd RSF Rs nos F STEARNS ST o� ro PRIVASE39� RMF.z. p K N G2 p Q RSFd RSFd R-0 p RA RA P13 car--JOYE R R NNtUM LI f U � RA RSF 1 rn W R -2. > R R U JVArE 3027 L R-0 R-A O RPZD .p :06 .. 3 R-0 N RMF-24 41 4A,0 RA RW-24 S• O� OR - a VV 9(,f'K ••`FR(,4N OP ./`-",.._�.�O.t MCP RMFz -24 ., NGy......'¢`,z'z. RMF.24 RMF. R-0 O RMF-24 N RMF-24 s RSFd P zt RSF RSFd F- WESTO MASONIC DR RSF RMF-24 M -24 .BROOKHAVEN Dft; • $WEETBRIAWF�A a BIfiSIE D RSH RSF ` RSF ELAINE AVE-- ?-1� RSF. RSFd " RSFd RSF RSF Overview Legend Subject Property _y r..0 • r Boundary dO tr / 60 0.25 0.5 T,uti-Use d Flrc Tr iing Area RZN 11-3806 WOOD BU RY Future Land Use KE FA �— ' OR 2 YA m mnj SUBJECT PROPERTY 0 N.LEY 4399 z FRONTIER ELM DR �Ij---- w m ALLEY 4390 Legend _[ZLFRZN11-3806 / _FUTURE L NA D USE 2025 XING I I Area m (rea > J 1 ntiaLNeighborhood Area :ighborhood Area Center Area C/mP*hkPeighborhood Plan DDLN Civic and Private Open Space/Parks Non -Municipal Government hROW r,DYceev�O/ Muti-Use Trail (Existing) Overview Future Trails Footprints 2010 Hillside -Hilltop O erlay District Design Overlay E istrict 0 Design Overlay istrict 0 250 500 1.000 1.500 2.000 ------ Planning Area F9e NORTHWEST ARKANSAS DEMOCRATGAZETE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE NEWS-P-A-PE16LLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE. FAYETEVILLE.ARKANSAs72701 I P.O. BOR 1607. 72702 1 479442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5419 Was inserted in the Regular Editions on: August 4, 2011 Publication Charges: $ 71.33 cm-L ) vWl Cathy Wiles Subscribed and sworn to before me This 1-1 day of N,,5. , 2011. �qx\Qkal� NotaryI My Commission Expires: +:.,,nington Cobra: t:D.ha.,sar Number, lLo74647 t Notary Public - Arkansas 1v rnm_:.. 9n 9020 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED AUG 16 2011 CITY OF FAYET-rEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5419 AN ORDINANCE REVOKING 5419 06-2190 aye I le (WOODBURY) REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3806, FOR APPROXIMATELY 9.26 ACRES, LOCATED SOUTH OF ZION ROAD AND EAST OF TAUESIN ARKKXSAS LANE, FROM R-P2D, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190, TO NO, NEIGHBORHOOD CONSEF ATION. BE R ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That a portion of the property as descnbed herein zoned R-PZD 06.2190 (Woodbury) Is hereby revc1i because the developer failed to obtain doreloprnent permits in accordance With the approved phased development schedule. Section Z That the zone classification of the following described property is hereby darged as follows: From R-PZD. Ressdential Planned Zoning District 06-2190 to NO, Neighborhood Core ervatbn, as shown on EYJ%W - ' attached hereto and made a part hereof. Section 2 That the pop" dented In Exh"t'B' attached hereto shad retain ns zoning designation of R-PZD 06-2190 Woodbury). with al of the zoning ant dev9Wpment rights and regulations prescrelad therein. Section 4: That the of i zoning map of the Oty of Fayetteville, AMana3s Is hereby amended to reflect the zoning change provided in Section 2 and 3 above. PASSED and APPROVED this 19th day of July, 2011. APPROVED: ATTEST: By-. By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Exhibits for this Ordinance may be viewed In the office of the City Clerk/Treasuns.