HomeMy WebLinkAboutORDINANCE 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
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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
• ':._
" ' ` `
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=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
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Planning Commis ion
November 23, 201
Aoenda Item 7
15-5194 Expired PZDs
Page 12 of 28
RPZD05-1798 ®EPALA ADDITION
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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
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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
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� �, m.
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sTEELE RD University Club Condos EviEivpR
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ft/R Rp u� w MIL SAP RD t
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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 `
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- • - iu' Y. MAPLE ,ST , W ! q
-' Q
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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.
