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Home My WebLink AboutORDINANCE 5842Doc ID: 016730040005 Type: REL Kind: ORDINANCE Recorded: 02/19/2016 at 01:43:45 PM Fee Amt: $35.00 Pape 1 of 5 Washington County, AR Kyle SVlvester Circuit Clerk File2016-00004223 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5842 File Number: 2015-0571 RZN 15-5194 VILLAS AT STONEBRIDGE (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15- 5194 FOR APPROXIMATELY 53.03 ACRES LOCATED EAST OF RIVERWALK SUBDIVISION ON DEAD HORSE MOUNTAIN ROAD FROM RPZD 06-2170 (VILLAS AT STONBRIDGE) TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE 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 RPZD 06-2170 (Villas at Stonebridge) to RSF-4, Residential Single Family, 4 Units Per Acre subject to the Bill of Assurance submitted by the applicant. 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 1/19/2016 Attest: Lisa Branson, Deputy City Clerk Page I Printed on 1120116 RPZD06-217C VILLAS AT STONEBRIDGE Close Up View RSF-1 1 ,�y fiASTPOfNTR °I oQ a V 09-P�C,L 1 GOFF FARM RR WI00 pFt1NGV r e f { i 1 R-A O 1 SUBJECT PROPERTY � o ti 0 0 z I r � �y 1 r 1 Li PEACEFULDR a r RPZ0 1 ROYAL DR ` 1 1 ALLEY 2547 r 1, r P-1 I f 1 r 1 r' 1 RSF-4 1 1 1 r 1 i � 1 12 r�l r �. f I _ 1 1 e r r r 1 r Legend 1 r ` r ! yG Shared -Use Paved Trail {ti ........ Neighborhood/Park Trail Natural Surface Trail PZD06-2170 Fayetteville City Limits Footprints 2010 Hillside -Hilltop Overlay District Design Overlay Di trict Planning Area 0 450 900 1,800 2,700 3,600 Feel EXHIBIT "B" R-PZD 06-2170 A PART OF SECTION 24, AND A PART OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF NORTHEAST QUARTER OF SECTION 25 AND RUNNING THENCE N 87001'16" W 987.33 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID CENTERLINE N 03003'00" E 600.87 FEET; THENCE LEAVING SAID ROAD CENTERLINE S 87°01'16" E 52.27 FEET; THENCE S 56035'20" E 339.81 FEET; THENCE S 81 °27'33" E 631.08 FEET; THENCE S33°49'31" E 271.57 FEET; N 88'15'23" E 161.27 FEET; THENCE S 42011'39" E 488.91 FEET; THENCE S 04036'52" E 928.17 FEET; THENCE S 15059'30" W 713.53 FEET; THENCE S 70°37'32" W 185.48 FEET; THENCE S 32039'52" W 467.30 FEET; THENCE S 46"59'22" W 162.84 FEET; THENCE S 16002'22" W 109.30 FEET; THENCE S02033'46" W 105.25 FEET; THENCE S 38049'44" E 79.65 FEET; THENCE S 16°12'04"E 74.82 FEET; THENCE N 86°55'06" W 339.76 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID ROAD CENTERLINE N 49007'24" W 36.69 FEET; THENCE N 60°12'41" W 100.88 FEET; THENCE N 77029'04" W 137.15 FEET; THENCE LEAVING SAID CENTERLINE S 86055'06" E 456.61 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE N 02°33'46" E ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 407.00 FEET; THENCE N 87026" 5" W 213.99 FEET; THENCE N 02°33'46" E 1276.27 FEET; THENCE S 73°50'46" W 819.41 FEET TO A POINT IN THE COUNTY ROAD; THENCE N02033'46" E 42.23 FEET; THENCE N 73°50'46" E 1045.35 FEET; THENCE N02033'46" E 843.38 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 53.03 ACRES MORE OR LESS. SUBJECT TO AND EASEMENTS AND OR RIGHT OF WAYS OF RECORD BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of Villas at Stonebridge, RPZD06-2170, 53.03 acres, (hereinafter "Petitioner") Mitchell Massey hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request to RSF-4. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council: 1. The Petitioner's property shall be limited to: 2.5 units per acre. 2. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Mitchell Massey, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date 14Zg � M1,51i00 6W . Address Mitchell Massey Printed Name r Signature NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHLNGTON } Zoi le And now on this the —L#` day of 2 t-5, appeared before me, 016 � j �C � , a Notary Publi d after b ing placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. ------I _ 1 NO)'ARY PUBLIC t My Commission Expires: 'e AosiN K. MATLOCK • ':._ " ' ` ` •r,._ =Ak;,. My COMMISSION N f2397078 E?(PiAES February 13, 2gF4 Washington County Washington County, AR I certify this I ment was filed on 021191201611.4•45 PM and rec in al Estate File IV �,23 Kyle I star r irr., 'I by _ City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 _ n (479) 575-8323 9r1 Text File File Number: 2015-0571 Agenda Date: 1/19/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 15-5194 VILLAS AT STONEBRIDGE (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 53.03 ACRES LOCATED EAST OF RIVERWALK SUBDIVISION ON DEAD HORSE MOUNTAIN ROAD FROM RPZD 06-2170 (VILLAS AT STONBRIDGE) TO RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE 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 RPZD 06-2170 (Villas at Stonebridge) to RSF-4, Residential Single Family, 4 Units Per Acre subject to the Bill of Assurance submitted by the applicant. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 112012016 City of Fayetteville Staff Review Form 2015-0571 12/15/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 11/25/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDs, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone R-PZD 06-2170 (Villas at Stonebridge) back to its previous zoning before the PZD was approved. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget ro V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF a e evl ARKANSAS MEETING OF DECEMBER 15, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: November 25, 2015 SUBJECT: RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDs, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone the properties back to their previous zoning before the PZDs were approved. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject properties as shown in Table 1. TABLE 1 EXPIRED PZDs TO BE REZONED PZD Narrte Location Zoning, District(s) Propos Zoning d Acreage„ Pri0r;t0 PZD Dist, DePalma Addition S. end of Anson St. RSF-4 RSF-4 10.04 College Avenue Townhomes N. College Ave. & Golden Eagle R-O & C-2 R-O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. R-A R-A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn. R-A R-A 53.03 Rd. University Club Condos North End of Waterside Ct. R-O & C-2 R-O & C-2 10.29 West Fork Place South end of Ray Ave. RSF-4, C-2, 1-2, R-A RSF-4 13.92 Porchscapes South end of Seven Hills Dr. RSF-4 & RMF-12 RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds. R-O R-O 3.36 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BACKGROUND: The subject properties consist of eight expired Planned Zoning Districts (PZD) that are located throughout the City limits of Fayetteville and are currently undeveloped. The original zoning of these properties, before they became PZDs, range from R-A, Residential -Agricultural to C-2, Thoroughfare Commercial. Under the old PZD ordinance, which was in place when each of these projects were approved, construction permits had to be secured within a specific timeframe. If permits were not obtained then the development rights were null and void. As a result, each of these properties are zoned PZD but have no development rights. Therefore, staff propose to rezone the properties back to one or more of their previous zoning designations as depicted in Table 1. The proposed zoning districts for all of the expired PZDs have been analyzed by staff and are compatible with the existing surrounding land uses and Future Land Use Plan (see Table 2). TABLE 2 FUTURE LAND USE/ZONING COMPARISON Fi fure Land Else Proposed PZD Larne Location Designation; Zanmg Acreage � Dist ;: DePalma Addition S. end of Anson St. Residential RSF-4 10.04 Neighborhood College Avenue Townhomes N. College Ave. & Golden Eagle City Neighborhood R-O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. Rural Residential R-A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn. Rural Residential R-A 53.03 Rd. University Club Condos North End of Waterside Ct. City Neighborhood R-O & C-2 10.29 West Fork Place South end of Ray Ave. Residential RSF-4 13.92 Neighborhood Porchscapes South end of Seven Hills Dr. City Neighborhood RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds. Residential R-O 3.36 Neighborhood DISCUSSION: This project was tabled at the November 9, 2015 Planning Commission meeting at the request of the attorney for the Villas at Stonebridge property. The attorney requested time to allow them to submit additional comments to the Planning Commission. A member of the public also spoke indicating opposition to rezoning the Villas at Stonebridge to a similar density as previously approved. Prior to the November 23, 2015 meeting, the attorney for the Villas at Stonebridge submitted an email requesting to rezone the property to RSF-4. This request was consistent with staff's initial conversation with the property owner several weeks earlier, who also indicated a desire for RSF-4. This request was communicated to the Planning Commission at both the November gth and November 23rd meetings. However, the Planning Commission and City Planning staff recommend R-A, Residential Agricultural for that property, as indicated in Table 1 and discussed further below. Villas at Stonebridge: Staff's recommendation for R-A is based on this property being located on the outskirts of the city in a predominantly rural area. Suburban densities would generally be out of character with the undeveloped nature of most of the surrounding land. In addition, the Future Land Use Plan does not indicate suburban growth in this area as it designates this site a Rural Residential Area. "Rural Residential Areas recognize existing low -density, large lot residential development, but are identified to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands that are sparsely settled."' Rezoning the Villas at Stonebridge property would be in conflict with the Future Land Use Plan and the overall land use goals and policies adopted by City Council, in staffs opinion. On November 23, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval as recommended by staff. There were three different motions on this request as follows: Motion #1: vote on the Villas at Stonebridge separate from the other expired PZDs. The motion passed by vote of 7-0-0. Motion #2: forward all of the expired PZDs to the City Council, except for the Villas at Stonebridge, with a recommendation for approval as proposed by staff. The motion passed by a vote of 7-0-0. Motion #3: forward the Villas at Stonebridge to the City Council with a recommendation for it to be rezoned to R-A, Residential Agricultural. The motion passed by a vote of 6-1-0 (Commissioner Hoskins voted `no). BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibits A Exhibits B Planning Commission Staff Report City of Fayetteville. July 5, 2011. City Plan 2030. Chapter 12 — Guiding Policies 3 RPZD06-21 Close Up View VILLAS AT STONEBRIDGE RSF-1 SUBJECT PROPERTY EXHIBIT "B" R-PZD 06-2170 A PART OF SECTION 24, AND A PART OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF NORTHEAST QUARTER OF SECTION 25 AND RUNNING THENCE N 87001'16" W 987.33 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID CENTERLINE N 03003'00" E 600.87 FEET; THENCE LEAVING SAID ROAD CENTERLINE S 87001'16" E 52.27 FEET; THENCE S 56°35'20" E 339.81 FEET; THENCE S 81 °27'33" E 631.08 FEET; THENCE S33°49'31" E 271.57 FEET; N 88'15'23" E 161.27 FEET; THENCE S 42011'39" E 488.91 FEET; THENCE S 04°36'52" E 928.17 FEET; THENCE S 15059'30" W 713.53 FEET; THENCE S 70037'32" W 185.48 FEET; THENCE S 32039'52" W 467.30 FEET; THENCE S 46°59'22" W 162.84 FEET; THENCE S 16002'22" W 109.30 FEET; THENCE S02°33'46" W 105.25 FEET; THENCE S 38049'44" E 79.65 FEET; THENCE S 16°12'04"E 74.82 FEET; THENCE N 86055'06" W 339.76 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID ROAD CENTERLINE N 49007'24 W 36.69 FEET; THENCE N 60°12'41" W 100.88 FEET; THENCE N 77°29'04" W 137.15 FEET; THENCE LEAVING SAID CENTERLINE S 86055'06" E 456.61 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE N 02°3346" E ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 407.00 FEET; THENCE N 87°26'15" W 213.99 FEET; THENCE N 02033'46" E 1276.27 FEET; THENCE S 73050'46" W 819.41 FEET TO A POINT IN THE COUNTY ROAD; THENCE N02033'46" E 42.23 FEET; THENCE N 73°50'46" E 1045.35 FEET; THENCE N02033'46" E 843.38 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 53.03 ACRES MORE OR LESS. SUBJECT TO AND EASEMENTS AND OR RIGHT OF WAYS OF RECORD CITY OF ARKANSAS Itelp FROM MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director November 23, 2015 Updated with Planning Commission results SUBJECT: RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZD'S, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone the properties back to their previous zoning before the PZDs were approved. RECOMMENDATION: Staff. recommends RZN 15-5194 be forwarded to the City Council with a recommendation for approval. BACKGROUND: submit additional comments to the -Planning Commission. At the time of publication of this re ort staff has not received formal comment from the Villas at Stonebridge other than the earlier phone conversation as noted in this staff report. The subject properties consist of 8 expired Planned Zoning Districts that are located throughout the City limits of Fayetteville and are currently undeveloped. The original zoning of these properties, before they became PZDs, range from R-A, Residential -Agricultural to C-2, Thoroughfare Commercial. Under the old PZD ordinance, which was in place when each of these projects were approved, construction permits had to be secured within a specific timeframe. If permits were not obtained then the development rights were null and void. As a result, each of these properties are zoned PZD but have no development rights. Therefore, staff propose to rezone the properties back to one or more of their previous zoning designations as shown below in Table 1. Request: City Planning staff requests to rezone the properties from the expired PZD designation back to one or more of their original zoning designations. Public Comment: Staff has received public comment in the form of general inquiries from adjacent property owners. Four neighbors for various PZDs requested to know the proposed zoning and if it would affect their properties. Staff has also received comment from property owners of the expired PZDs. Buddy People, owner of Stonewood Gardens PZD, expressed support for the City's recommendation to rezone his property back to R-O. Dave Chapman, property owner of the parcels associated with University Club Condos contacted this office to request the western parcel be rezoned to C-2 and the eastern parcel to be rezoned to R-O, as proposed by staff. Mitchell Massey, owner representative for the Villas at Stonebridge disagrees with staff's anning Gommission Mailing Address: Noy. mber 23, 2015 113 W. Mountain Street wvs+w.tayett- fOdwy Fayetteville, AR 72701 15-5194 Expired PZDs Page 1 of 28 recommendation to rezone their property back to R-A, and proposes a suburban residential zoning district such as RSF-4. The property owners for DePalma Addition PZD met with staff and expressed support for staff's recommendation to rezone their property back to RSF-4. TABLE 1 DePalma Addition S. end of Anson St. RSF-4 RSF-4 10.04 College Avenue Townhomes N. College Ave. & Golden Eagle R-0 & C-2 R-O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. R-A R-A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn. Rd. R-A R-A 53.03 University Club Condos North End of Waterside Ct. R-0 & C-2 R-O & C-2 10.29 West Fork Place South end of Ray Ave. RSF-4, C-2, 1-2,'R-A RSF-4 13.92 Porchscapes South end of Seven Hills Dr. RSF-4 & RMF-12 RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds. R-0 R-0 3.36 CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan varies by property. Please see Table 2 below. Planning Commission November 23, 2015 WETC\Development Services Review120150evelopment Review\15-51946 RZN Expired PZD's\01 Planning Commission\11-09-Agenda Item 7 2015\Comments and Redlines 15-5194 Expired PZDs Page 2 of 28 TABLE 2 FUTURE LAND USE/ZONING COMPARISON PZD Name Location., Future Lard Else Designetiion .'' Proposed Zoning Gist: Acreage DePalma Addition S. end of Anson St. Residential Neighborhood RSF-4 10.04 College Avenue Townhomes N. College Ave. & Golden Eagle City Neighborhood R-O 2.34 Amberwood Place S. E. of Double Springs & Dot Tipton Rds. Rural Residential R-A 39.98 Villas at Stonebridge E. of Riverwalk SD on Dead Horse Mtn, Rd. Rural Residential R-A 53.03 University Club Condos North End of Waterside Ct. City Neighborhood R-O & C-2 10.29 West Fork Place South end of Ray Ave. Residential Neighborhood RSF-4 13.92 Porchscapes South end of Seven Hills Dr. City Neighborhood RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright Rds, Residential Neighborhood R-O 3.36 FINDINGS OF THE STAFF RECOMMENDATION: Staff recommends RZN 15-5194 be forwarded to City Council with a recommendation for approval, finding that the proposed rezoning will remove the expired and outdated PZD zoning and allow development compatible with the existing adjacent uses and consistent with the Future Land Use Plan. Planning Commission November 23, 2015 G:\ETC\Development Services Review\2015\Development Review\15-51946 RZN Expired PZD's\01 Planning Commission\11-09Agenda Item 7 2015\Comments and Redlines 15-5194 Expired PZDs Page 3 of 28 ate: November9, 2015 X Tabled O Forwarded O Denied otion: Chesser Second: Hoffman Vote: 9-0-0 !Date: November 23, 2015 x Forwarded as recommended by staff Motion #1 (Chesser, Brown 2nd): vote on the Villas at Stonebridge separate from the other expired PZDs. The motion passed by vote of 7-0-0. Motion #2(Chesser, Cook 2nd): forward all of the expired PZDs to the City Council, except for the Villas at Stonebridge, with a recommendation for approval as proposed by staff. The motion passed by a vote of 7-0-0. Motion #3 (Chesser, Brown 2nd): forward the Villas at Stonebridge to the City Council with a recommendation for it to be rezoned to R-A, Residential Agricultural. The motion passed by a vote of 6-1-0 (Commissioner Hoskins voted `no). A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning districts are compatible with the surrounding land uses. The properties are proposed to be returned to one or more of their previous zoning designations prior to the approval of the PZDs. Land Use Plan Analysis: The proposed zonings are compatible with the Future Land Use Map which vary from property to property. See Table 2. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion, the recommended zoning districts are justified at this time as the properties are currently within an expired PZD and have no development rights. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the properties will not likely increase traffic danger or congestion. The rezoning will simply return the subject properties back to previous zoning that was in place prior to the PZD. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the properties will not increase the potential population density or load on public services. Again, this rezoning will return the subject Planning Commission November 23, 2015 G:\ETC\Development Services Review\2015\Development Review\15-51946 RZN Expired PZD's\01 Planning Commission\11-09Agenda Item 7 2015\Comments and Redlines 15-5194 Expired PZDs Page 4 of 28 properties back to a zoning district that was in place prior to the PZD — this rezoning is not an `up -zone'. The Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A BUDGET/STAFF IMPACT: None Attachments: ■ Request Letter ■ Example notification letter to owners ■ Close Up Maps ■ One Mile Maps ■ Citywide Overall Map Planning Commission November 23, 2015 WETC\Development Services Review\2015\Development Review\15-51946 RZN Expired PZD's\01 Planning Commission\11-09A9enda Item 7 2015\Comments and Redlines 15-5194 Expired PZDs Page 5 of 28 CITY OF 11, le T.ay( November 03, 2015 City of Fayetteville, City Planning Division Fayetteville, AR 72701 Sarah Bunch, Chair Fayetteville Planning Commission City of Fayetteville, Arkansas 113 W. Mountain St Fayetteville, AR 72701 Re: Rezone Request for Expired Planned Zoning Districts Dear Planning Commission Chair: Please accept this letter as a request to rezone eight different expired Planned Zoning Districts (PZDs) that are located through the City of Fayetteville and are currently undeveloped. The original zoning of these properties, before they became PZDs ranges from R-A, Residential -Agricultural to C-2, Thoroughfare Commercial. Under the old PZD ordinance, which was in place when- each of these projects were approved, construction permits had to be secured within a specific timeframe. If permits were not obtained then the development rights were null and void. As a result, each of these properties are zoned PZD but have no development rights. Having no development rights on a piece of property puts the property owner in a difficult situation and places the City in a vulnerable legal position_ It is essential for the City to rezone all of these properties to remove the expired zoning and return development rights to the property owner. Staff proposes to rezone the properties back to one or more of their previous zoning designations as listed below and indicated in the attached staff report. TABLE 1 EXPIRED PZDs TO BE REZONED Zoning District(s) Proposed PZD Name Location Prior to PZD Zoning Acreage Dist. DePalma Addition S. end of Anson St. RSF-4 RSF-4 10.04 College Avenue N. College Ave. & Golden Eagle R-O & C-21 R-O 2.34 Townhomes Amberwood Place S. E. of Double Springs & Dot R-A R-A 39.98 Tipton Rds. Villas at Stonebridge . E. of Riverwalk SD on Dead R-A R-A 53.03 Horse Mtn. Rd. University Club Condos North End of Waterside Ct. R-O & C-2 R-O & C-2 10.29 West Fork Place South end of Ray Ave. RSF-4, C-2, 1-2, R- RSF-4 13.92 Porchsca es South end of Seven Hills Dr. RSF-4 & RMF-12 RSF-4 8.81 Stonewood Gardens S.E. of Crossover & Albright R-O R-O 3.36 Rds. Teiecomintinic<3t:on: Device for the Graf TDD 1,17 9'. `i; 1 3 i?; Planning Commission November 23, 2015 Agenda Item 7 15-5194 Expired PZDs Page 6 of 28 CITY OF 17adve ! ARKANSAS Should the commission disagree with staff's proposed zoning district staff would recommend the commission forward the request to City Council with some type of zoning recommendation. Again, it is important for all of these properties to be assigned a valid zoning district of some type as soon as possible. The property owner or future developer can always propose a different zoning district at a later time if needed for a specific development. Thank you for time and consideration of this request. Sincerely, Andrew Garner, AICP City Planning Director City of Fayetteville Development Services agarnerna.fayettevi l le -a r..gov 479.575.8262 TerlE:;or..r i,r; at:r.s De.ca `os the G'eat C3C I17; i2' -13 tE:. t I3 Wes[ ttoisntain - Fyettevifle, A ?270t Planning Commission November 23, 2015 Agenda Item 7 15-5194 Expired PZDs Page 7 of 28 CITY OF r r Ti ARKANSAS September 28, 2015 JRJBCS, LLC. 2995 N. Firewood Drive Fayetteville, AR 72703 RE Expired PZD Amberwood Place R-PZD 08-2965 Dear Property Owner: This letter is in reference to your properties, parcel numbers 765-16202-150, 765-16202-450, 765-16202- 50.0, 765-16202-550, 765-16202-600, 765-16202-650, 765-20489-100, and 765-20489-200. On April 7, 2009 the City Council approved R-PZD 08-2965 (Amberwood Place) for a residential subdivision with 182 single family dwelling units. The construction permits for the Amberwood Subdivision have not been obtained in the required timeline and this PZD has expired. In order to remove this expired PZD and bring the properties into a zoning district that is more compatible to the area and the current use of the land, the City of Fayetteville is proposing to rezone your properties back to R-A, Residential -Agriculture. A map of the area to be proposed for rezoning is attached, along with a copy of the zoning map of the area. If you would like to provide comments or feedback to the City Planning Division about rezoning your property before we submit an application, please contact me by October 12, 2015. If the rezoning goes as planned the proposal will be discussed at the Planning Commission meeting on November 9, 2015. You are free to discuss the rezoning with me any time and are welcome to speak at the public hearing(s). Should you have any questions or concerns about this information please contact me. Regards, Andrew Garner, AICP City Planning Director City of Fayetteville Ph. 479.575.8262 agarner(cHayetteville-ar.gov Att: Expired PZD-Amberwood Place rezoning area Existing zoning map Plnnninn rgwigission Mailing Address: November 23, 2015 113 W. Mountain Street wwwJayet ii" - Fayetteville, AR 72701 Paagg a d PZDs firee 8 of 28 Garner, Andrew From: RRhoads@HallEstill.com Sent: Thursday, November 19, 2015 12:10 PM To: Garner, Andrew Cc: Harrison, Andy Subject: FW: Emailing: STONEBRIDGE WEST_ZONING WITH FLOODPLAIN INFO Attachments: STONEBRIDGE WEST_ZONING.pdf; STONEBRIDGE WEST_ZONING.pdf Andrew: as promised here is my requested submission to the Planning Commission on behalf of my clients the owners of Villas at Stonebridge (Stonebridge West). My first request is for you and your staff to change your R-A request to RSF-4. In support, I've enclosed 2 maps; one shows the current zoning around Stonebridge West and the other is the same map with the flood plain superimposed. These maps clearly show that RSF-4 would be appropriate as Stonebridge West is surrounded by a large amount of similar density or a golf course or undevelopable flood plains. This site as a PZD was City Council approved for 6.6 units per acre and held that entitlement up until just a few years ago and under the current PZD ordinance it wouldn't have expired. The prior owners of this property were part of the group that help fund the infrastructure under the river that Fayetteville residents in close -by neighborhoods currently enjoy. Finally, between me and the owners, we've talked to a good number of neighboring land owners and find them agreeable to RSF-4. I thank you in advance for your consideration. RKR Robert K. Rhoads I Shareholder 75 N. East St., Suite 402 Fayetteville, AR 72701 T: 479-973-5200 1 C: 236-1414 1 F: 479-973-0520 www.hallestill.com ! my bio -----Original Message ----- From: Justin Jorgensen [mailto:justin@jorgensenassoc.com] Sent: Thursday, November 19, 2015 11:17 AM -----Original Message ----- From: Scott Masterson [mailto:scott@jorgensenassoc.com] Sent: Thursday, November 19, 2015 11:11 AM To: 'Justin Jorgensen' Subject: Emailing: STONEBRIDGE WEST —ZONING WITH FLOODPLAIN INFO Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties. This e-mail message and any attachment thereto is intended only for the use of the individual or entity to .which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination , distribution or copying of this communication is strictly prohibited. If you have received this e-mail communication in error, please notify us immediately by sending a reply e-mail message to the sender. Thank you. Hall Estill 75 North East Avenue Suite 402 Planning Commission November 23, 2015 Agenda Item 7 15-5194 Expired PZDs Page 9 of 28 JORGENSEN +ASSCCIAT ;,.:pCanbing Commission November 23, 2015 Agenda -Item 7 15-5194 Expired PZDs Page 10 of 28 F 1 tIEBPIOGE IE9 JORGENSEN Planning ommission Novembe 23, 2015 EA Aa _......— - ........ _. Agenda item 7 15-5194 Expired PZDs Page 11 of 28 RPZD05-17 Close Up View il3E}rnc LZervIVPPZD05-1798 - - _ Fayetteville City L Footprints 2010 N Hillside -Hilltop Ov Design Overlay D ------ Planning Area DEPALMA ADDITION a` 2 k �q @.Eu.. J"� ✓i a �: AAs Y�E �*• l �� sue` �?�r� �• �b ' w qu a 0 k J aa, 0 z * a •4 a a r •� District 0 200 400 800 1,200 1,600 Feet Z J a J 61 Planning Commis ion November 23, 201 Aoenda Item 7 15-5194 Expired PZDs Page 12 of 28 RPZD05-1798 ®EPALA ADDITION One Mile View w LENSFIELD PL € € S1 8 CALVIN ST 2+tL4q REVERE PL td s �: ' p H ! BIRWIN iLL VICTORIA LN j d `� ST MEANDERING t=- € GiG DR to Li WsnY ¢ 2 ac aO��p C) w AMROSE U v_i ` (JNGSO COkUMSU 4b ` ``S z ❑ LN M J N ��-' Si o �'�y �S RT A? tV€7SF C Q CANYONCT Ott Q SAXTER N a yR- ; "'art z LEBUR . ST O � { MANOR DRp p P ��C� NORTHVIEW a ttrr ST SPELT ST G+ R O a Ef3ECGRST �tj9 Tt'�� SUBJECT PROPERTYr-a �4: th REB€COAST � `F/y�,`T JOHNSON NST� ST :3 j TRUSTST EJ GUNTER S7#¢a �OOti O p MAPLE ST m p s ILI LAFAYETfE ST �n 3 . z pRq1513 +n ` -ST RMF-6 tu v SU i3N ST 6 DOGWOOD LN REX ti N a s .... G e,,ARL.P O' ..m u rtL..,F�W`ffCnaE r-r - 'LUl �4. qQ.. KPV tG1i�l!'YY��Cl c�3 SPINEL LNK4R O (\ ST ST nd Shz SR Overview Hillsicl-Hilltop Overlay District Design Overlay District } Planni g Area " �'"' Fayett Ville 0 0.25 0.5 1 M les Planning Go m is: November 23, 0' >ion 5 15-5194 Expired PZDs Page 13 of 28 Page 14 of 28 15-5194 Expired PZDs Page 15 of 28 Page 16 of 28 15-5194 Expired PZDs Page 17 of 28 15-5194 Expired PZDs Page 18 of 28 15-5194 Expired PZDs Page 19 of 28 15-5194 Expired PZDs Page 20 of 28 Close Up View I G�AVg GAP RD t9 z x r QQQY 0 N Z MESA , IL w J RMF-B O PAGOSA PL SILVERTHORNE RE) 1 � x t - `. - --:r 1 t a r; �- .----------! 1 r NOT NAMED t ST N r w Q c t NOT NAMED ST o on LU g r RSF-2 z 7 1 Z d r z NAMEDST Legend 1 NOS t Shared-6se Paved Trail BOGANi RSF-1 SHALOTi' DR ........ Neighbgrhood/Park Trail SELLERSRO 1 Natural Surface Trail i i - -' Fayetteville City Li its ® Footprints 2010 R Hillside -Hilltop Overlay District Design Overlay Di trict 0 225 450 900 1,350 1,800 Planning Commis ion ------ Planning Area Feet November 23, 201 Age 15-5194 Expired PZDs Page 22 of 28 15-5194 Expired PZDs Page 23 of 28 Z Close Up View Legend Shared -Us Neighborh Natural Surface, 620jv�RPZD06-3006 - - - Fayetteville City Footprints 2010 Hillside -Hilltop t Design Overlay 1 ------ Planning Area PORCHSCAPES ay District .ict 0 150 300 600 900 1.200 Feet Planning Commis ion November 23, 201 15-5194 Expired PZDs Page 24 of 28 15-5194 Expired PZDs Page 25 of 28 15-5194 Expired PZDs Page 26 of 28 15-5194 Expired PZDs Page 27 of 28 RZN15-5194 EXPIRED PZDs Overall View a.C3 - f- ROBINSONAVE ROBINSONAVE to � 0 1p g p CHAPMAN AVE co 0 00 Ov `n X a C0 u r tlCi'r.Ci10E O N'tq SonewooGardens w a ZCW ?` J a � �, m. Z U O. x q. � ;- 7YIN� i AR ACRE, O .__ _- t , sTEELE RD University Club Condos EviEivpR ,. mP �yD A MILL:.... ``•w, r L�� + MAIN DR p i + ZION Ia O REED VA (FqR . J. ar CUY VE�� cRFN J ZION RD D r TFRRY!? § _ to 1T2- .1 4 ¢ E BLVD YR� ft/R Rp u� w MIL SAP RD t OwROO EIR,R O 1' Q . " �A 6 HAROLD ST \� MAYwOOD RD fa. $ ►N ,off' ► College Ave. Townhomes OVID k� (;N RD JAKm:be:jrwood Place 44OUNT°�OMFORT RD . }- ' TOWNSHIP ST ELM ST ELM St U) ¢ f' DOUBLE S 1 ¢ - ESSEX OR DEANE ST- ¢ ASH ST z AAlSS1n�3� ID -' + - - - o - - a . - = wEDlrv�rON'oR DePalma Addition <d '►.; ,, a�R1, o z �'cNdo9 ` PERSIMMON ST � f - • - iu' Y. MAPLE ,ST , W ! q -' Q OC R µ► HOTZDR 4¢ to 1 2 q: P! OOSg it! .O 00 t7 I t4'10 1 CRFFK �, yu SYONE$) w C� t d A RQ - W ; �, Porchscapes a ., > {'S 1 iH ST 0 O 3 qW + RHEAS MILL RD T MAIN S �. Ait� •• J .. C� +u GO F" 1'h7 00��.� RD N-I Westfork Place, WOLFDALE RD U � 1 090.011 '. ,. _ ' tyr�ottGH$I �?D �- Villas at Stonebridge w �O PEAR RD 6AIL64'dR ; - - - -� SUNRISE y� x ��PtiF r-t /r0'gKRp�O Legend RZN 15-5194 L - - - Fayetteville City L 0 3,000 6,000 12,000 16.000 24,000 Planning Commis ion Feet November 23, 2015 Agpnda Item 7 15-5194 Expired PZDs Page 28 of 28 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of Villas at Stonebridge, RPZD06-2170, 53.03 acres, (hereinafter "Petitioner") Mitchell Massey hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request to RSF-4. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council: 1. The Petitioner's property shall be limited to: 2.5 units per acre. 2. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WIIEREOF and in agreement with all the terms and conditions stated above, I, Mitchell Massey, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. / -'4-1(c Date 1499 � m►53i00blvd. Address Mitchell Massey Printed Name r Signature NOTARY OATH STATE OF ARKANSAS } }.SS COUNTY OF WASHINGTON } 201 � And now on this the day of H' 28, appeared before me, a Notary Publi d after b ing placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NO ARY PUBLIC My Commission Expires: ROBIN K. MATLOCK MY COMMISSION # 12397078 ,9kaRs�y` EXPIRES: February 13 2024 Washington County ....-- - _ ri SIALL3lYd rav rr ( ^ y_ D.��+itAi�.JF[J�S11S/��+� C 1F3M3VOr293 J1Ei uuAa �9rane J O R G E N S E N Fa et Sunbridge Drive, Suite 5 Fayetteville,e, AR 72703 9127 +ASSOCIATES Office:9.582.4 07 Fax: 479.582.48Q7 _. Wig .._;oc...... City of Fayetteville — City Council 113 West Mountain Street Fayetteville, AR. 72701 Attn: City Council Members Re: Dead Horse Mountain Rd Rezone Dear Council Members, This correspondence is to clarify our opinion that this property currently does not have any major drainage problems due to the fact it is relatively flat and there are numerous ponds onsite that help control the drainage before leaving the site. If rezoned and developed we also believe the post -development conditions will be the same as predevelopment if not better. The city has adopted a new Drainage Manual that requires the following four drainage requirements: 1. Water Quality 2. Channel Protection 3. Overbank Flood Protection 4. Extreme Flood Protection Due to these requirements any new impervious surfaces added will have to be treated before going into a pond and leaving the site. Also any portion of a developed site will have to utilize level spreaders to prevent any point discharges which will help reduce any erosion issues due to high velocities. There are numerous other Drainage Requirements that will be reviewed by the city engineer at the time of development proposals that will aid in preventing any future drainage issues from this site. Thanks and feel free to contact us with any questions. Sincerely, Justin L. Jorgensen, PE NORTMWSTARKANSAS RECEIVED DeMoCrat -W()5aZ_e JAN 111116 CITY OF !E FAYETTEVI! P 0. 2301h : AYF f VI[. _._, i:E 72702 t r2_t7 0 LAX: 47969"S-11118 > V'JbV`ty NIz ADG.CO M AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. No 5842 Was inserted in the Regular Edition on: January 28, 2016 Publication Charges: $ 64.85 Cathy Wiles Subscribed and sworn to before me This 21Z day of v `i , 2016. NotbaFy Public My Commission Expires: tQj-Mj2q XOtiIIIIIIII// ENPpR **NOTE** Please do not pay 1'r6hi iAavit. Invoice will be sent.