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HomeMy WebLinkAboutOrdinance 5364 Kind in I0: 013829180014 Type: REL Recorded 101%07/2011 at 33:3720 AM Fee Amt: $80.00 Page 1 of 14 Mash"04 Cqunty. AR Bette Stamps Clrcult Clerk Fl1e2011-00000748 ORDINANCE NO. 5364 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 08-2898 SOUTHPASS TO AMEND THE PHASING PLAN, REDUCE THE PROJECT ACREAGE AND DENSITY, REZONE A PORTION OF THE PROPERTY TO RSF-0.5, AMEND CONDITION NO. 10 REGARDING THE$1 MILLION CONTRIBUTION AND CHANGE THE NAME OF THE PZD. WHEREAS,the City Council of the City of Fayetteville approved Ordinance No. 5191 on November 06, 2008, adopting R-PZD 08-2898 (SouthPass), a mixed-use planned zoning district on approximately 910 acres in southwest Fayetteville; and WHEREAS,the Residential Planned Zoning District is based upon the approved master development plan, development standards, statements of commitments, and conditions of approval as submitted,determined appropriate and approved by the City Council; and WHEREAS,the majority of property ownership of the SouthPass PZD has recently changed from SouthPass, LLC to Chambers Bank; and WHEREAS,after a review of the approved project,the new owners desire to make amendments to the planned zoning district in an effort to make the development plan feasible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the zoning criteria booklet for R-PZD 08-2898 SouthPass is hereby amended to reflect an amended phasing plan as indicated in Exhibit"A". Section 2: That the zone classification of the following described property is hereby changed as follows: From R-PZD 08-2898 SouthPass, to RSF-0.5, Residential Single Family One- Half Unit Per Acre, as shown on Exhibits "B" and "C" attached hereto and made a part hereof Page 2 Ordinance No. 5364 Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 2 above. Section 4: That the zoning criteria booklet for R-PZD 08-2898 SouthPass is hereby amended to reflect a reduction in acreage, residential density and open space acreage for Planning Areas 3A, 313, 3C, and 6B , as indicated in Exhibit"D". Section 5: That the condition of approval number 10 for R-PZD 08-2898 SouthPass is hereby amended to read as follows: "The owners of the property have offered and shall contribute to the City of Fayetteville a total of$1 million to go towards construction costs of the regional park. This contribution shall be paid as each phase of development occurs, in accordance with the schedule attached as Exhibit "E". These contributions shall be paid at the time of the first final plat for each respective phase, or before a building permit is issued within that phase, whichever comes first. In addition, all residential development on the site shall be required to meet the parkland dedication ordinance requirements through land dedication, money-in-lieu, or a combination thereof" Section 6: That the name of the approved R-PZD 08-2898 SouthPass planned zoning district may be changed from "SouthPass" to another name, once approved by the Development Services Department. PASSED and APPROVED this 7t' day of December, 2010. APPROVED: ATTEST: Bl Gv By: n I NELD J AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer o FAYETTEV!LLE 4_* jc .. Washington County, AR I certify this instrument was filed on 01/07/2011 11:37:20 AM and recorded in Real Estate File Number 2011-0000 48 Bette Stamps-Cl cult Cl rk ADM 10-3689 EXHIBIT"N' b 0 1 OLIA11, J low r.Ajt I sill m B . t Z-d all Im I 1131111 AV All 411 411f 16111, EXIIII31T "13" ADM 10-3689 Property to be rezoned from R-PZD 08-2898 SouthPass to RSF-0.5: A PART OF THE SWI/4 AND SEIA OF THF. NW1/4 OF SECTION 31, 'T16N, IZ30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT TIMI. SW CORNER OF SAID SEI/4, NWI/4 TFIENCE? NO2°4742"E, ALONG A FORTY LINE, 23.54 FEET TO TETT RIGHT OF WAY OF W. KESSLER MOUNTAIN ROAD, THENCE ALONG SAID RIGHTOF WAY S8701739E 12.51 FRET, THENCE. S86041'26"E 73.90 FEET TO THE P.O.B.; THENCE S86041'26"13 800.00 FEET, THENCE LEAVING SAID RIGHT OF WAY NO2036'50"E 643.16 FEET, THENCE N87010'03"W 884.36 FEET, THENCE N87°10'03"W 787.44 FEET, THENCE S02°37'31"W 651.66 FEET, THENCE S87°04'57"E 204.51 FEI T TO THE RIGHT OF WAY OI' K1?SSLER MOUNTAIN ROAD, THENCE ALONG SAID RIGHT OF WAY AND ALONG A CURVE TO THE RIGHT 96.72 FEET, SAID CURVE HAVING A RADIUS OF 215.00 FEET AND A CHORD BEARING OF N79049'04"E 95.91 FEET, THENCE S87°17'39"E 500.05 FEET, THENCE S86°41'26"E 73.90 FEET TO THE P.O.B.; CONTAINING 24.35 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. ADM10-3689 EXHIBIT "C" Close Up View 9f r- } �f .-I ttj � 14f M ` i SUBJECT PROPERTY 94 - '�".yr't. urv� � � . �• +w ting) �e 4¢ }},Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di 5trict ----- Planning Area Fayetteville 0 250 500 000 soo z.00B8t ADM 10-3689 EXHIBIT"D" P1of8 d II 4 oao I P P I^ I o06 I ki M ADM 10-3689 EXHIBIT"D" P2of8 a o � V 6 Y a e ig � ADM 1&368eEXHIBIT P30 a k � ) \ §(}�}} \ / \ /k |!]{) A ADUf$3689 EXHIBIT P4ma ! It !!% } \\\� § � � # ! , ; ) • • \ /§ | / - \ 63 / j k ji 6 ) ) )! |\ .2p / ) ƒ ] f ) ! ! ! } ! } § ±!} / ]!# | ! . ■ £ ] / ! , ! ! � ! �7 /\$#f » !! `\ \! ADM 10-3689 QST' P5@B ) \ - � � » ��> — , | | !i ) as e! E ! r � } /\2} )!! i ADM 10-3689 EXH2T"D" PBre \ © ! f . 2u f )\/ � � ! ! ) llm2 ; \ ] i / - (! -m \i ! \\ I !�a! ! ! !!! . a,f!| \)\)\k \\\\ ƒ ADM 10-3689 EXHIBIT "0" P7of8 31 0.CU § Id 1$368gEXHIBIT ' P8y8 )j) ! , }!! V } hi I )\\ a. S. \ f ) § r O } ) ( ADM 10-3689 Exhibit "E" Phase Maximum Dwelling Units Contribution Phase 1 333 $79,518.64 Phase 2 268 $63,976.48 Phase 3 81 $19,344.12 Phase 4 282 $67,346.18 Phase 5 205 $48,957.33 Phase 6 186 $44,529.68 Phase 7 256 $61,136.96 Phase 8 420 $100,302.82 Phase 9 197 $47,046.80 Phase 10 150 $35,822.44 Phase 11 88 $21,015.83 Phase 12 293 $69,973.16 Phase 13 384 $91,705.43 Phase 14 216 $51,584.31 Phase 15 309 $73,794.22 Phase 16 0 $0.00 Phase 17 30 $7,164.49 Phase 18 489 $116,781.11 Total 4187 $1,000,000.00 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/16/2010 City Council Meeting Date Agenda Items Only Jeremy Pate Development Services Submitted By Division Department 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 I - �1► �G' to•29-ulo Departmen{,birector Date City Attorney Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: s 1u Date Received in City 10-29-10P03:05 kCJD Clerk's Office K1N I0 Date Received in y,t0 Mayor's Office �o /r- v ate Revised January 15, 2009 �(� oil &c t I?wd ' af ; _I .14_x. Kim Ik.20(O CC 111e NS:; Srt CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council From: Jeremy Pate, Development Services Directorp� Date: October 25, 2010 Subject: ADM 10-3689 SouthPass PZD Amendment No. I BACKGROUND THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE The SouthPass Planned Zoning District (PZD 08-2898) was approved by the City Council on November 6, 2008. This is a 910 -acre project, located west of I-540, south of State Highway 62. The project was approved for a maximum of 4,262 residential dwelling units, 344,000 square feet of non-residential space, 240 acres of preserved open space, and a 200 -acre regional park. The City has recently been deeded approximately 200 acres of the SouthPass site for a regional park and 10 acres for our existing water tank site. The PZD phasing plan submitted by the applicants and approved by the Council requires that construction approval and permits be obtained within a set time frame, in a sequenced phasing plan over 25 years. The current deadline for expiration of the project is November 06, 2010, unless a one-year extension is granted by the Planning Commission or the phasing plan of the PZD is modified by City Council. REOUEST Chambers Bank has recently received ownership of the SouthPass property from SouthPass, LLC by a deed in lieu of foreclosure. Chambers Bank proposes amendments to the R-PZD to allow the bank the opportunity to progress with the project in a different timeline and phasing plan than originally approved. The proposed amendments to the PZD are as follows: The applicant requests the phasing outlined on page 17 of the adopted SouthPass PZD booklet to be amended as follows: a. PHASE 1: Construction permits for all infrastructure shall be obtained within five (5) years from the date of approval of PZD Amendment No. 1 by the City Council. b. PHASE 2: Construction permits for all infrastructure shall be obtained within seven (7) years from the date of approval of PZD Amendment No. I by the City Council. c. PHASE 3: Construction permits for all infrastructure shall be obtained within ten (10) years from the date of approval of PZD Amendment No. I by the City Council. d. PHASES 4-18: Construction permits for all infrastructure shall be obtained in compliance with city ordinances and development processes as required by the City of Fayetteville, without a specific expiration date. e. ORDINANCE AMENDMENTS. For all phases submitted for development approval, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. f. SEQUENCING: Any phase may be constructed at any time, provide it follows the above timeline, without regard to a specific sequence. Infrastructure work to accommodate the proposed phase of development shall coincide with the construction of that phase at the cost of the developer, and may require work outside of the identified phasing boundary. Staff has coordinated the specific language for this amendment with the applicant and recommends the City Council amend the language on Page 17 of the PZD Project Booklet, as shown in Exhibit A. Proiect Size/Density Amendment The applicant requests to remove parcels 765-16323-500, 765-16323-503, and 765-16323-501 (approximately 24 acres) from the PZD and down -zone these parcels to RSF-0.5. The 24 -acre property is not owned by Chambers Bank, and the current owners/residents have requested to be removed from the PZD, as they no longer intend to develop the property in this manner. These parcels were included in three different Planning Areas: Planning Area 3A (Kessler Mountain Bluff Single Family), Planning Area 3C (Kessler Mountain Bluff Single Family -Cluster) and Planning Area 6B (Open Space Area.) The amendment to remove these parcels changes the acreage and density for these Planning Areas as indicated in the attached exhibits. The request includes the removal of other dwelling units outside of the 25 -acre tract, as well. The other lots being removed are no longer feasible to develop with the larger 24 -acre area removed from the project. Staff recommends approval of the request to remove approximately 24 acres and other associated dwelling units from the original SouthPass PZD. This amendment results in a number of changes to the PZD booklet. These amendments are indicated following the staff report in a series of pages that reflect the ., existing condition and the project booklet as it has been amended, should the Council approve the request. 1. The described 24 -acre property is requested to be rezoned from R-PZD 08-2898 (SouthPass) to RSF- 0.5, Residential Single Family, 0.5 unit per acre, as indicated in Exhibits B and C. 2. The removal of the 24 acres and associated amendments results in a changes in four planning areas, as shown in Exhibit D: a. PA 3A (Kessler Mountain Bluff -Single Family) — removal of 0.48 acres, no units b. PA 3B (Kessler Mountain Bluff -Multi -Family) — removal of 24 units and 5.75 acres; added this area to Open Space planning area c. PA 3C (Kessler Mountain Bluff -Single Family Cluster) — removal of 54 single family lots and 15.73 acres; added area outside of 24 -acre parcel to Open Space planning area d. PA 6B (Open Space Areas) — net removal of 2.95 acres of open space 3. Overall, the amendments result in a net reduction of 78 residential lots and 2.95 acres of open space, once the 24 -acre tract is removed from the project plan. Chambers Bank requests to modify condition of approval No. 10 for the SouthPass PZD. This condition deals with the deeding of land for a regional park and the $l million contribution to park construction. Chambers Bank is not a part of the contract between SouthPass and the City, but is willing to contribute $1,000,000 over the lifespan of this project in accordance with the included schedule provided by the bank. The condition of approval for the PZD currently reads as follows: "Condition of Approval No. 10 Parks: SouthPass shall deed a minimum amount of 200 acres to the City for an onsite regional park prior to the Mayor signing the ordinance of approval for the annexation and PZD, and shall contribute 81,000,000.00 when the City is ready to award the first construction contract for the park, in accordance with the previously executed contract. Changes to or deviation from this contractual agreement shall be at the discretion of the City Council. In addition, all residential development on the site shall be required to meet the parkland dedication ordinance requirements through land dedication, money -in -lieu, or a combination thereof " Staff recommends in favor of the proposal to contribute Si million towards park construction as each phase of the development occurs. The first part of condition no. 10 has been met, in that the deeds for the 200 -acre site have been received. The original contract with SouthPass, LLC, who no longer controls the property or the project, required the $1 million contribution for parks construction, as agreed to by the City and SouthPass, LLC. It is staff's understanding that Chambers Bank is under no obligation to meet the terms of the contract between the City and SouthPass, LLC. However, the condition of approval to develop the Southpass PZD project still remains part of the ordinance adopted by the City Council. Chambers Bank has worked with city staff to determine a way in which they can still provide the same amount of park construction contribution, but spread out over the lifespan of the project in order to make it financially feasible. Each phase of the project has a maximum number of dwelling units permitted, with a total of 4,262 units for the entire project (4,184 after the removal of the units in the requested amendments above):.: The developer has agreed to pay a per unit fee as each phase develops, based on the maximum number of dwelling units permitted within that phase, as opposed to the actual number of units constructed.: This results in the City acquiring the $1 million over the life of the project, even if the maximum number of dwelling units are not constructed. All fees shall be paid at the time of the first final plat for each respective phase, or before a building permit is issued within any phase, whichever comes first. A schedule of the contribution is attached as Exhibit E. Name Change Chambers Bank would like to reserve the right to change the official name of the project and would like this to be an administrative request if and when they have chosen a new name. Staff recommends approval of this request, with the condition that the name is approved by the Development Services Departmetn at the time of the proposal. The City does not otherwise require a developer to have a name of a project, it is simply for ease of processing. However, if a name is chosen, we do not want it to conflict with another name already utilized, in much the same way street names are approved. The Development Services Department would facilitate the proposed name change review by the appropriate reviewing entities. October 28, 2010 City of Fayetteville City Council 113 West Mountain Street RE: PZD Extension Request for R-PZD 08-2898 Dear Aldermen, The above PZD property has recently changed ownership. As the new owners, Chambers Bank has worked diligently to preserve the current PZD zoning and bring the property into good standing with the City of Fayetteville by deeding the parkland, water tank site associated with the PZD and now by updating the phasing and timeframe to a more manageable approach. Due to the size and nature of the project and the projected economic growth in the area, the project is expected to take many years for financing, construction and sales. Chambers Bank proposes the following amendments to R-PZD 08-2898 1. Phasing as outlined on page 17 of the SouthPass PZD booklet dated 8-18-08 2. a. PHASE 1: Construction permits for all infrastructure shall be obtained within five (5) years from the date of approval of PZD Amendment No. I by the City Council. b. PHASE 2: Construction permits for all infrastructure shall be obtained within seven (7) years from the date of approval of PZD Amendment No. I by the City Council. c. PHASE 3: Construction permits for all infrastructure shall be obtained within ten (10) years from the date of approval of PZD Amendment No. 1 by the City Council. d. PHASES 4— 18: Construction permits for all infrastructure shall be obtained in compliance with city ordinances and development processes as required by the City of Fayetteville, without a specific expiration. e. ORDINANCE AMENDMENTS. For all phases submitted for development approval, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. f. SEQUENCING: Any phase may be constructed at any time, provide it follows the above timeline, without regard to a specific sequence. Infrastructure work to accommodate the proposed phase of development shall coincide with the construction of that phase at the cost of the developer, and may require work outside of the identified phasing boundary. 3. Remove the parcels 765-16323-500, 765-16323-503, 765-16323-501 from the PZD and down zone accordingly. 4. Conditions of approval page 4 item 10 Parks, SouthPass shall deed a minimum of 200 acres to the City for an onsite regional park prior to the Mayor signing the Ordinance of approval for annexation and PZD, and shall contribute $1,000,000 when the City is ready to award the first construction contract for the park, in accordance with the previously executed contract. a. Chambers bank is not part of the contract between SouthPass and the City but in an effort to aid the City in the development of a regional park is willing to contribute the $1,000,000 per the attached schedule reflecting a set fee per phase. b. Fee to be paid at final platting of each phase 5. Chambers bank would like to reserve the right to change the official name of the project and would like this to be an administrative request if and when we have chosen a new name. Respectfully, -S /Chambers Bank 111E '` Steve Aust FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council sr LEGAL DEPARTMENT CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Kit Williams, City Attorney __ DATE: November 1, 2010 RE: Chambers Bank's request to amend the SouthPass R-PZD ordinance Chambers Bank conveyed to the City by Warranty Deed both the 200 acre Regional Park site and our 10 acre site for two of the city's largest water tanks on September 13, 2010. By unanimously passed Resolution No. 168-10, the Fayetteville City Council thanked Chambers Bank (or its donation of these 210 acres to the City of Fayetteville and our citizens. Chambers Bank now requests to amend the original R-PZD so that it or another entity might be able to develop this property in accordance with the long range plans approved by the City Council on November 8, 2008. Because the bank just obtained ownership of the property and because of the depressed housing and construction market, Chambers Bank needs the City Council's permission to amend the PZD ordinance to change the phasing of the development schedule. Condition of Approval No. 10 of the PZD ordinance also needs to be changed to reflect the fact that Chambers Bank has already conveyed the 200 acre Regional Park site to the City. Additionally, the million dollar contribution which SouthPass Development Company, LLC had contractually obligated itself to pay when the City began developing the Regional Park should be changed. Our contract was with the now defunct SouthPass Development Company, LLC which forfeited all ownership rights to this land and development when all of its owners signed a deed in lieu of foreclosure conveying all their ownership rights to Chambers Bank earlier this year. As all of you realize, no other PZD ordinance has ever included requirements for a developer to convey 200 acres to the City nor pay a million dollars to the City to help develop a park. We could only have such condition of approval because we had an enforceable contract with SouthPass Development Company, LLC for the acreage and million dollar contribution. We have no such contract with Chamber Bank. However, Chambers Bank realizes how important the Regional Park and monetary help to develop the park is to the City and our City Council. That is why the bank conveyed the 200 acres for the park and now is willing to continue a commitment to contribute one million dollars to the park's development costs as Chambers Bank or future owners develop this PZD. This generous offer fulfills the initial plans and hopes for a private/public partnership for a Regional Park. RESOLUTION NO. 168-10 A RESOLUTION TO THANK CHAMBERS BANK FOR ITS DONATION OF 210 ACRES TO THE CITY OF FAYETTEVILLE WHEREAS, Chambers Bank delivered a Warranty Deed to the City of Fayetteville conveying the ten acre city water tank site and the 200 acre proposed park site on the SouthPass property; and WHEREAS, this Warranty Deed was filed of record on September 13, 2010, at the Washington County Circuit Clerk's Office; and WHEREAS, the ten acre water tank site houses two 6,000,000 gallon water tanks which hold about 43% of the Fayetteville Primary Pressure Plane water storage capacity; and WHEREAS, this donation of the water tank site saves the City at least $100,000.00, which was the agreed option to purchase price for this site that the City could first execute in 2011; and WHEREAS, the 200 acre donation encompasses the area selected by the Fayetteville Parks and Recreation Advisory Board as the preferred site for a regional or community wide city park; and WHEREAS, this park land is needed now to offset the loss in 2011 of the soccer fields on Fayetteville School District land around Asbell which the School District will convert to tennis courts as well as the future loss of the soccer fields along Lewis Avenue when our lease of this property from the University of Arkansas expires; and WHEREAS, the Unified Development Code §166.04(B)(3)(I) Parkland dedication establishes a money in lieu of park land dedication of $40,000.00 per acre which if applied to this parkland donation would equal Eight Million Dollars. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby expresses its thanks and appreciation to Chambers Bank for its donation to the City and Citizens of Fayetteville of the ten acre water tank site and the 200 acre proposed site for a regional or community park. PASSED and APPROVED this 21S1 day of September, 2010. ATTEST: air, wz'- By: ORDINANCE NO. AN ORDINANCE APPROVING AMENDMENT NO. 1 TO A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R- PZD 08-2898 SOUTHPASS TO AMEND THE PHASING PLAN, REDUCE THE PROJECT ACREAGE AND DENSITY, REZONE A PORTION OF THE PROPERTY TO RSF-0.5, AMEND CONDITION NO. 10 REGARDING THE $1 MILLION CONTRIBUTION AND CHANGE THE NAME OF THE PZD. WHEREAS, the City Council of the City of Fayetteville approved Ordinance No. 5191 on November 06, 2008, adopting R-PZD 08-2898 (SouthPass), a mixed -use planned zoning district on approximately 910 acres in southwest Fayetteville; and WHEREAS, the Residential Planned Zoning District is based upon the approved master development plan, development standards, statements of commitments, and conditions of approval as submitted, determined appropriate and approved by the City Council; and WHEREAS, the majority of property ownership of the SouthPass PZD has recently changed from SouthPass, LLC to Chambers Bank; and WHEREAS, after a review of the approved project, the new owners desire to make amendments to the planned zoning district in an effort to make the development plan feasible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the zoning criteria booklet for R-PZD 08-2898 SouthPass is hereby amended to reflect an amended phasing plan as indicated in Exhibit "A". Section 2: That the zone classification of the following described property is hereby changed as follows: From R-PZD 08-2898 SouthPass, to RSF-0.5, Residential Single Family One Unit Per Acre, as shown on Exhibits "B" and "C" attached hereto and made a part hereof. Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section 2 above. Section 4: That the zoning criteria booklet for R-PZD 08-2898 SouthPass is hereby amended to reflect a reduction in acreage, residential density and open space acreage for Planning Areas 3A, 3B, 3C, and 6B , as indicated in Exhibit "D". Section 5: That the condition of approval number 10 for R-PZD 08-2898 SouthPass is hereby amended to read as follows: "The owners of the property have offered and shall contribute to the City of Fayetteville a total of $1 million to go towards construction costs of the regional park. This contribution shall be paid as each phase of development occurs, in accordance with the schedule attached as Exhibit "E". These contributions shall be paid at the time of the first final plat for each respective phase, or before a building permit is issued within that phase, whichever comes first. In addition, all residential development on the site shall be required to meet the parkland dedication ordinance requirements through land dedication, money -in -lieu, or a combination thereof." Section 6: That the name of the approved R-PZD 08-2898 SouthPass planned zoning district may be changed from "SouthPass" to another name, once approved by the Development Services Department. PASSED and APPROVED this APPROVED: By: day of ATTEST: , 2010. LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ADM 10-3689 EXHIBIT "A" Ipp�^ aP c B gnfl r.rr.. E fifiHil 'liii I, `II • 1.! Lam! rLi ( ..1 ` i (", �. V 01111111 t•pLI $ Ig 'MI as I's JI'ft' H P. P. tp ill q. ! #;ti '1 161 an a s .i ijii •. 1.Irj .111111 ii! i1( i '! nit lilul 114111 flv�-� � ii ih h iJi bfl 118111 C .11% 4I JiI iJI a1-11 .alt ll EXHIBIT "B" ADM 10-3689 Property to be rezoned from R-PZD 08-2898 SouthPass to RSF-0.5: A PART OF THE SWI/4 AND SEI/4 OF THE NWI/4 OF SECTION 31, T16N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SAID SEI/4, NW1/4 THENCE N02°4742"E, ALONG A FORTY LINE, 23.54 FEET TO THE RIGHT OF WAY OF W. KESSLER MOUNTAIN ROAD, THENCE ALONG SAID RIGHT OF WAY S87°17'39E 12.51 FEET, THENCE S86°41'26"E 73,90 FEET TO THE P.O.B.; THENCE S86°41'26"E 800.00 FEET, THENCE LEAVING SAID RIGHT OF WAY N02°36'50"E 643.16 FEET, THENCE N87°10'03"W 884.36 FEET, THENCE N87°1003"W 787.44 FEET, THENCE S02°37'31"W 651.66 FEET, THENCE S87°04'57"E 204.51 FEET TO THE RIGHT OF WAY OF KESSLER MOUNTAIN ROAD, THENCE ALONG SAID RIGHT OF WAY AND ALONG A CURVE TO THE RIGHT 96.72 FEET, SAID CURVE HAVING A RADIUS OF 215.00 FEET AND A CHORD BEARING OF N79°49'04"E 95.91 FEET, THENCE S87°17'39"E 500.05 FEET, THENCE S86°4126"E 73.90 FEET TO THE P.O.B.; CONTAINING 24.35 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. ADM 10-3689 EXHIBIT "D" P1of8 I p!et j 1::: GQ'oo6 0 o . a o I ❑ od ti ilitlili 111111111 :a'4 Iifl 1jr .t RaJavhI iliit J I a 1iJ Ii 1iH 11111111 g "' d j ii ADM10-368gEXHIBIT ' Pao 8 � «\§ ._ \ :%/ § a. ': to a m oo e m 0 CC' �v s m c V V G 4 0 6 4 O c y m o 0 en Q Q 0t'O C 9 . E E c C E o w > ho 0 a m o 'E o roh �a. is. = o o e v° o a w E 3 3 c o DC r0" d O o eD r C0.9 C L o p O A V LC C O A � C • e. C 000Qaaa`a`Q u 0< S F C S Q o m c y a i a °a E; YQ Lazc ' JW j f NE s v 40 0. 0 ADM 10-3689 EXHIBIT " P5of8 § - ., ■ ,;• ■ : , C. / (/ d cLa 00 .00 go SE >1 to LO S. �) a } 7 , V fl' & EE' ]];m! } / f { y!!!3%/ } - \ . U. (I))! 40 a -t >4 0 0 \ )4 V _ {/ ) \ _ ) {{! \ \))\{ik) -fl ! {/(])\/)) i °l2a4!!az= \\`{! \\\)}k\\\\ 00 c, } In 00 ] en \ Co 0. LI LI LI I \ ) ADM 10-3689 EXHIBIT'U. P7da 0.00 / % Do H 21 ESE It! 151 \\\ \ \ } ; } 2 !) CC Cu {( C? \\\ )CC o2 {)) $ )I; ADM 10-3689 Exhibit "E" Phase Maximum Dwelling Units Contribution Phase 1 333 $79,518.64 Phase 2 268 $63,976.48 Phase 3 81 $19,344.12 Phase 4 282 $67,346.18 Phase 5 205 $48,957.33 Phase 6 186 $44,529.68 Phase 7 256 $61,136.96 Phase 8 420 $100,302.82 Phase 9 197 $47,046.80 Phase 10 150 $35,822.44 Phase 11 88 $21,015.83 Phase 12 293 $69,973.16 Phase 13 384 $91,705.43 Phase 14 216 $51,584.31 Phase 15 309 $73,794.22 Phase 16 0 $0.00 Phase 17 30 $7,164.49 Phase 18 489 $116,781.11 Total 4187 $1,000,000.00 ADM 10-3689 Southpass PZD Amendment No. 1 The following pages show the changes being made to the PZD project booklet. Generally, the existing, approved booklet is indicated in blue text and "clouds" and the proposed changes are in red. a ;m23S =E' \i04\r-n� C rlve` H V c a u m LI .EIi fI+I \\/ �� .. 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Z E N V N w Q z a z zz U :J S Y NORTHWEST ARKANSAS NEWSPAPERS -Lc Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED DEC 30 2010 CITY OF FAYET-EVILLE CITY CLERK'S OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5364 December 23, 2010 Publication Charge : $ 121.21 Signed: Subscribed and sworn to before me Thisa day of , 2010. Notary Public ears :N=oa:,Publk; on County My Commission Expires. Cmber 12374647 - Arkansas My pires Jan. 20, 2020 Do not pay from Affidavit, an invoice will be sent RECEIVED DEC 30 2010 CITY OF FAYETTEVILLE LLE CITY CLERK'S OFFICE