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
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----- 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
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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
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Exhibit " B "
RZN 11 -3806 WOO D B U RY
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= Fayetteville