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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. 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