The URL can be used to link to this page

Home My WebLink AboutOrdinance 5510 Doc ID: 014706460004 Type: REL Kind: ORDINANCE Recorded: 07/24/2012 at 04:12:06 PM Fee Amt: $30.00 Pace 1 of 4 Washington County. AR Bette StamoS Circuit Clerk File2012_00021675 ORDINANCE NO. 5510 AN ORDINANCE REVOKING R-PZD 07-2576 (WOODSTOCK) AND REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4108, FOR APPROXIMATELY 31.68 ACRES, LOCATED AT 4847 WEST WEDINGTON DRIVE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 07-2576, TO CS, COMMUNITY SERVICES; R-O, RESIDENTIAL OFFICE; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That a portion of the property as described herein zoned R-PZD 07-2576 (Woodstock) is hereby revoked because the developer failed to obtain development permits in accordance with the approved phased development schedule. Section 2: That the zone classification of the following described property is hereby changed as follows: From R-PZD, Residential Planned Zoning District 07- 2576 to CS, Community Services; R-O, Residential Office; NC, Neighborhood Conservation; and RSF-4, Residential Single Family Four Units Per Acre, as shown on Exhibits "A" and "B" 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. PASSED and APPROVED this 3`d day of July, 2012. APPROVED: ATTEST: l X...... � ;r �;m' \TY O,c s"' C4 By: YYLDN ,Mayor SONDRA E. SMITH, City Clerk/TreasulMYEITD/IL!_E;y s ai .�an'.9� ,fS'q,,se*ry"hJ g��yppa i➢R�Asp' HIBIT "A" RZN12-4108 BANK OF WYNNE Close Up View RENEE CT ' O yt1 CANNOND0-OP PRESCOTT ST L II ] I - � ,7258 W FRANCISCAN TRL S w O U RSF-e iE ! SUBJECT PROPERTY ;.., ACOMA ST U Q x RWU 1_ - N I - - - - - I I - Se cs SW acres 'I _ _ I G-t 6.53 acres _ • I [. 1 aR i • I +_1 I r - p-0 i - _ II—l� - 1 d I - 3 NC 10.12 acres -_y a I a ffi J F = RSF4 336 aero - - •. � — _ w = II Z I` ti RSF4 _ m 6.07 acres 9 LUTTRELL IN TUMBLEWEED ST Legend Ili LOFTY WOOD DR Multi-Use Trail (Exist; N IJ W Future TrailsHOMESPUN DR W z F I; j FLAGSTfCKDR Fayetteville City Limits o bW7RZN12-4108 ® Footprints 2010 - Hillside-Hilltop Ovi rlay District Design Overlay Di trict Design Overlay Di trict 0 750 300 600 900 1,200 ------ Planning Area Feel EXHIBIT "B" RZN 12-4108 PORTION TO BE REZONED COMMUNITY SERVICE: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT, BEGINNING AT A POINT WHICH IS NO2021'23"E 700.36'FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 566.29'TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY #16,THENCE ALONG SAID SOUTH RIGHT-OF-WAY S87033'20"E 139.56'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCEN83°32'33"E 44.48'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S88°03'22"E 88.17'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE S67-34'26"E 53.20'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S87°16'19"E 27.89'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE N81°59'46"E 81.42'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S87°20'54"E 70.36'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S02°21'25"W 572.84', THENCE N87014'45"W 500.01'TO THE POINT OF BEGINNING,CONTAINING 6.53 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PORTION TO BE REZONED RESIDENTIAL OFFICE: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH,RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT, COMMENCING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'23"E 1266.66' TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY#16, THENCE ALONG SAID SOUTH RIGHT-OF-WAY S87°33'2VE 139.56'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE N83°32'33"E 44.48'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S88°03'22"E 88.17'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S67°34'26"E 53.20'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S87°16'19"E 27.89' TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE N81°59'46"E 81.42'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE S87°20'54"E 70.36'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT AT THE TRUE POINT OF BEGINNING, THENCE S87020'54"E 749.33'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE S51°36'34"E 42.96'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE S86009'07"E 18.27', THENCE S02°12'08"W 280.19', THENCE N87020'54"W 803.09', THENCE NO2021'25"E 305.66'TO THE POINT OF BEGINNING, CONTAINING 5.60 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PORTION TO BE REZONED NEIGHBORHOOD CONSERVATION: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH,RANGE 31 WEST, WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT, BEGINNING AT A POINT WHICH IS NO2021'23"E 410.36' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 290.01', THENCE S87014'45"E 500.01',THENCE NO2°21'25"E 267.19',THENCE S87°20'54"E 646.58', THENCE S02008'46"W 428.36',THENCE N87°14'45"W 503.76', THENCE S02°30'10"W 130.00', THENCE N87014'45"W 644.08' TO THE POINT OF BEGINNING, CONTAINING 10.12 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PORTION TO BE REZONED RSF-4: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT, BEGINNING AT A POINT WHICH IS NO2021'23"E 410.36', AND S87°14'45"E 644.08' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2030'10"E 130.00',THENCE S87°14'45"E 503.76', THENCE NO2°08'46"E 42836', THENCE S87020'54"E 156.52', THENCE S02°12'08"W 309.20',THENCE N87°14'57"W 26.21', THENCE S02008'46"W 249.44', THENCE N87°14'45"W 634.58'TO THE POINT OF BEGINNING, CONTAINING 3.36 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF- WAY OF RECORD. PORTION TO BE REZONED RSF-4: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST,WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT, BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 410.36', THENCE S87°14'45"E 644.08', THENCE S02°30'10"W 410.73', THENCE N87012'44"W 643.04'TO THE POINT OF BEGINNING,CONTAINING 6.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. Washington County, AR I certify this instrument was filed on 07/24/2012 04:12:06 PM and recorded in Real Estate File Number 2012-00021675 Bette stamps-Circuit Clerk by F✓ — City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/5/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required' RZN 12-4108: (4847 W. WEDINGTON DR./BANK OF WYNNE, 438): Submitted by BATES AND ASSOCIATES for property located at 4847 WEST WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT(R-PZD 07-2576 WOODSTOCK) and contains approximately 31.68 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. 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 t},OR/ Previous Ordinance or Resolution# Departent irect >, Date Original Contract Date: S- (� "Zot"L Original Contract Number: City Attorney Date FiAnceand ernal Sery ces Director Clerk's Received in City Clerk's Office Chief of Staf ate EHilEp Received in � �r2 f- Mayor's Office Ma r ate Comments: J4. C�%iy �� 01 �'PL 0 0�/L3 �,�g_�f.(.l 11 �F' i� ��j �. ��;.��p� L_;�. ;i'`.�'r Revised January 15, 2009 7a`{tl7eUe; le THE CITY OF FAYETTEVILLE,ARKANSAS r DEPARTMENT CORRESPONDENCE /1S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff �q Jeremy Pate, Development Services Director 0\ From: Andrew Garner, Senior Planner Date: May 17, 2012 Subject: RZN 12-4108 (Bank of Wynne Rezone/Woodstock PZD Revocation) RECOMMENDATION Planning Commission and staff recommend approval of an ordinance to revoke the expired Woodstock Planning Zoning District and rezone the property from R-PZD 07-2576 Woodstock to R-A, Residential Agricultural, the zoning that was in place prior to the R-PZD. BACKGROUND The subject property contains 31.68 acres located on the south side of Wedington Drive (State Highway 16) between 46'h Street and Broyles Avenue. The site is zoned R-PZD 07-2576, and generally flat hay pasture with trees along the fence rows. The property is generally undeveloped except for two residences, one in the northwest corner and the other in the southeast corner of the site. On October 2, 2007 the City Council approved the Woodstock Planned Zoning District on the subject property (R-PZD 07-2576). The property was originally zoned R-A, Residential Agricultural. The R-PZD zoning permitted a total of 382 dwellings and 100,390 square feet of non-residential square feet. Construction permits for the project were never obtained and the R-PZD approval has expired. Within the past year, the Future Land Use Plan designation on this site changed, scaling back the City Neighborhood Area on this site from the entire Wedington Drive street frontage to the northwest corner of the site. If an approved PZD expires the property does not automatically revert back to the original zoning. The property is unable to be developed or subdivided until the old PZD zoning is revoked and a new, valid zoning district is assigned. In an effort to establish a valid zoning district on the subject property the property owner, the Bank of Wynne, has requested a rezoning. Their request is to rezone 9.08 acres to CS, Community Services and 22.60 acres to RSF-4, Residential Single Family Four Units Per Acre. The areas of the site for the proposed rezoning are depicted on the attached survey provided by the applicant. Staff recommends denial of applicant's proposal finding that the rezoning request is not consistent with the City Plan 2030 Future Land Use designation of this site. The Future Land Use Plan Designates a majority of this site as Residential Neighborhood, and confines the City Neighborhood designation in the northwest portion of the site around the intersection of Broyles and Wedington. The applicant proposes to rezone their entire frontage along Wedington (about 820 feet of street frontage, 300 feet deep, 9.08 acres) to Community Services. In addition, the proposal to rezone 22.60 acres of undeveloped pasture to RSF-4 on the edge of the developed area of the City could encourage a sprawling development pattern in conflict with the primary goals of City Plan 2030: Goal 2: We will discourage suburban sprawl, and Goal 3: We will make traditional town form the standard. This is discussed in more detail in the findings throughout the staff report. THE CITY OF FAYETTEVILLE,ARKANSAS DISCUSSION Prior to the May 14, 2012 Planning Commission meeting, the City Attorney advised staff and the Planning Commission that if they did not recommend in favor of the applicant's proposed zoning request that they should recommend some zoning district. On May 14, 2012 the Planning Commission made a recommendation to forward the rezoning request to the City Council with a recommendation for the property to revert back to the zoning that was in place prior to the PZD, which was R-A, Residential Agricultural. The motion passed with a 7-1-0 vote (Commissioner Hoskins voted `no'). BUDGETIMPACT None. t Ta e eve Ie THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.acces5fayetteville.arg CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council �p From: Jeremy Pate, Development Services Director U1 Date: 19 June 2012 Subject: Rezonoing for Bank of Wynne/Wedington Property Attached you will find a letter of request, ordinance, exhibit and legal descriptions reflecting the amended request for RZN 12-4108, Bank of Wynne rezoning. This request differs from the original application, in which the applicants requested Community Services and RSF-4, and also differs from the Planning Commission's recommendation after considering the original request. The Planning Commission did not support the applicant's original request and recommended the property be rezoned to R-A, Residential Agricultural. The attached is for your consideration. You may return this item directly to the Planning Commission for further consideration, delay a decision on the new application to a future elate,or approve/deny the request. ORDINANCE NO. AN ORDINANCE REVOKING R-PZD 07-2576 (WOODSTOCK) AND REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 12-4108, FOR APPROXIMATELY 31.68 ACRES, LOCATED AT 4847 WEST WEDINGTON DRIVE FROM R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 07-2576, TO CS, COMMUNITY SERVICES; R-O, RESIDENTIAL OFFICE; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS PER ACRE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That a portion of the property as described herein zoned R-PZD 07-2576 (Woodstock) is hereby revoked because the developer failed to obtain development permits in accordance with the approved phased development schedule. Section 2: That the zone classification of the following described property is hereby changed as follows: From R-PZD, Residential Planned Zoning District 07- 2576 to CS, Community Services; R-O, Residential Office; NC, Neighborhood Conservation; and RSF-4, Residential Single Family Four Units Per Acre, as shown on Exhibits "A" and "B" 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. PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer TT "All f RZN12-4108 BANK OF11WYNNE Close Up view 1. RENEE CT, PRESCOTT ST I w r�, 'Z FRANCt l9 IG• + p SUBJECT PROPERTY a� -- DI � m i 1 • 1 JII. �q-� (s t4U acro G rJ3 aecer - I l Ra RSF-4 Ne 1413 acre RSF-4 3 swan �r LUTTRELLLN Ir I rl TUMBLEWEED ST Ir li Legend LOFTY WOOD DR r -- -- Mufti-Use Trail(Existii� ) y w Future Trails w _ HOMESPUN DR 2 F j FLAGSTICK OR Fayetteville City Limits o 61"XN12-4108 Footprints 2010 - Hillside-Hilltop Ovi May District Design Overlay District Design Overlay Ditrict 0 150 700 wo 900 1,200 -- -- Planning Area Feet Ord. Pg. 2 EXHIBIT "B" RZN 12-4108 PORTION TO BE REZONED COMMUNITY SERVICE: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION l2, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT, BEGINNING AT A POINT WHICH IS NO2021'23"E 700.36' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°21'25"E 566.291TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 916,THENCE ALONG SAID SOUTH RIGHT-OF-WAY S87033'20"E 139.56'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE N83°32'33"E 44.48'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S88°03'22"E 88.17'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE S67°34'26"E 53.20'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S87-16'1 9"E 27.89'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE N81°59'46"E 81.42'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S87020'54"E 70.36'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE LEAVING SAID SOUTH RIGHT-OF-WAY S02021'25"W 572.84', TI-IENCE N87014'45"W 500.01'TO THE POINT OF BEGINNING, CONTAINING 6.53 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PORTION TO BE REZONED RESIDENTIAL OFFICE: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT& COMMENCING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'23"E 1266.66'TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY#16, THENCE ALONG SAID SOUTH RIGHT-OF-WAY S87°33'20"E 139.56'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE N83032'33"E 44.48'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S88°03'22"E 88.17'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S67°34'26"E 53.20'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S87-16'1 9"E 27.89'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE N81°59'46"E 81.42'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT,THENCE S87020'54"E 70.36'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT AT THE TRUE POINT OF BEGINNING, THENCE S87020'54"E 749.33'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE S51036'34"E 42.96'TO AN EXISTING HIGHWAY RIGHT-OF-WAY MONUMENT, THENCE S86009'07"E 18.27',THENCE S02°12'08"W 280.19', THENCE N87°20'54"W 803.09', THENCE NO2021'25"E 305.66'TO THE POINT OF BEGINNING, CONTAINING 5.60 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PORTION TO BE REZONED NEIGHBORHOOD CONSERVATION: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP l6 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT, BEGINNING AT A POINT WHICH IS NO2021'23"E 410.36'FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2021'25"E 290.01', THENCE S87014'45"E 500.01', THENCE NO2°21'25"E 267.19',THENCE S87°20'54"E 646.58', THENCE S0200846"W 428.36',THENCE N87014'45"W 503.76',THENCE S02°30'10"W 130.00', THENCE N87014'45"W 644.08'TO THE POINT OF BEGINNING, CONTAINING 10.12 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.