HomeMy WebLinkAboutOrdinance 5790Doc ID: 016433970007 Type: REL
Kind: ORDINANCE
Recorded: 09/09/2015 at 10:23:42 AM
Fee Amt: $45.00 Pape 1 of 7
WashlnRton County, AR
Kyle Sylveater Cir 0ult Clerk
Flle2015-00025644
ORDINANCE NO. 5790
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5044, FOR APPROXIMATELY 16.02 ACRES,
LOCATED AT 4065 E. HUNTSVILLE ROAD FROM R-PZD 08-3071,
RESIDENTIAL PLANNED ZONING DISTRICT BRIDGEDALE PLAZA TO
NC, NEIGHBORHOOD CONSERVATION, NS, NEIGHBORHOOD
SERVICES, AND CS, COMMUNITY SERVICES, SUBJECT TO A BILL OF
ASSURANCE
NOW THEREFORE, 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 following described property from R-PZD 08-3071, Residential Planned
Zoning District Bridgedale Plaza to NC, Neighborhood Conservation, NS, Neighborhood
Services, and CS, Community Services, as shown on Exhibits "A" and "B" attached hereto and
made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby accepts the Bill of
Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning
decision. The Bill of Assurance is attached as Exhibit "C" to this ordinance.
Section 3. 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 this 18°i day of August 2015.
ATTEST:
/ 1I 1177//,,
By:
SONDRA E. SMITH, City Clerrer .r s
RZN 15-5044
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EXHIBIT 'A'
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RZN 15-5044
EXHIBIT'B'
LEGAL DESCRIPTION: (ENTIRE TRACT)
A PART OF THE W112 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2°46'52"E 3400.63 FEET
TO THE P.O.B., THENCE NO2°51'17"E 857.50 FEET, THENCE N24°33'07"E 301.26 FEET, THENCE ALONG A CURVE TO THE
RIGHT 19.81 FEET, SAID CURVE HAVING A RADIUS OF 89.00 FEET AND A CHORD BEARING OF N30°55'40"E 19.77 FEET,
THENCE N37"18'14"E 65.78 FEET, THENCE S54°18'58"E 79.68 FEET, THENCE S53°59'33"E 439.95 FEET, THENCE
S02"54'07"W 477.63 FEET, THENCE S86°54'34"E 150.65 FEET, THENCE S02°46'49"W 446.94 FEET, THENCE N87 -12-11'W
513.27 FEET, THENCE N87°02'40'V/ 230.74 FEET TO THE P.O.B.; CONTAINING 16.02 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION: (Neighborhood Conservation)
A PART OF THE WI/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2°46'52"E 3400.63 FEET
TO THE P.O.B., THENCE NO2"51'17"E 769.60 FEET, THENCE S87°08'43"E 593.04 FEET, THENCE S02°54'07"W 321.93 FEET,
THENCE S86"54'34"E 150.65 FEET, THENCE S02°46'49'VJ 446.94 FEET, THENCE N87-12-1 1"W 513.27 FEET, THENCE
N87"02'40'V/ 230.74 FEET TO THE P.O.B.; CONTAINING 12.03 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION: (NS, Neighborhood Services)
A PART OF THE W1/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2°46'52"E 3400.63 FEET,
THENCE NO2°51'17"E 769.60 FEET TO THE P.O.B., THENCE NO2°51'17"E 87.89 FEET, THENCE N24`33'07"E 112.82 FEET,
THENCE S65°26'17"E 241.92 FEET, THENCE ALONG A CURVE TO THE LEFT 205.58 FEET, SAID CURVE HAVING A RADIUS
OF 150.00 FEET AND A CHORD BEARING AND DISTANCE OF N75'1 7'56"E 189.87 FEET, THENCE N36"02'08"E 75.63 FEET,
THENCE S53°59'33"E 124.56 FEET, THENCE S02°54'07'V/ 155.70 FEET, THENCE N87"08'43"W 593.04 FEET TO THE P.O.B.;
CONTAINING 1.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION: (CS, Community Services)
A PART OF THE W1/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE NO2"46'52"E 3400.63 FEET,
THENCE NO2°51'17"E 857.50 FEET, THENCE N24"33'07"E 112.82 FEET TO THE P.O.B., THENCE N24°33'07"E 188.43 FEET,
THENCE ALONG A CURVE TO THE RIGHT 19.81 FEET, SAID CURVE HAVING A RADIUS OF 89.00 FEET AND A CHORD
BEARING AND DISTANCE OF N30°55'40"E 19.77 FEET, THENCE N37°18'14"E 65.78 FEET, THENCE S54"18'58"E 79.68 FEET,
THENCE S53° 59'33"E 315.39 FEET, THENCE S36°02'08"W 75.63 FEET, THENCE ALONG A CURVE TO THE RIGHT 205.58
FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD BEARING AND DISTANCE OF S75°17'56'V/ 189.87
FEET, THENCE N65°26'17'VV 241.92 FEET TO THE P.O.B.; CONTAINING 2.01 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RIGHT OF WAY OF RECORD.
Exhibit "C" P 1/4
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 this property, (hereinafter "Petitioner") McDonald, LLC, 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.
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 use of Petitioner's property shall be limited to: See Exhibits A and B.
2. Other restrictions including number and type of structures upon the property are
limited to: See Exhibits A and B.
3. Specific activities will not be allowed upon petitioner's property include: See Exhibits
A and B.
4. (Any other terms or conditions) to: See Exhibits A and B.
5. 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 terns and conditions stated
above, 1, Clint McDonald, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
Exhibit "C" P 2/4
Aueust 14, 2015 Clint McDonald
Date Printed Name
Address
,
Signature
NOTARY OATII
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON }
And no t} is the ILK day of 2015, appeared before me,
0 1 jL
— , a Notary Public, —and—if—ter being placed upon his/her oath swore
or kiffinned that he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above, I ,A , / 1
My Commission Expires: R0111NK.MAT1.1 K
M MY COMMISSION N 12397079
EXPIRES: Pebmary 13, 2024
�` Washington Covmy
Exhibit "C" P 3/4
BILL OF ASSURANCE
EXHIBIT "A"
1. In regard to the 12.03 acre area shown on Exhibit "B" with the zoning request of
Neighborhood Conservation, the Petitioner hereby agrees to limit the number of lots to 57 or 4.7
lots per acre.
The Developer will not permit a gas station on any of the tracts shown in Exhibit `B."
3. The Petitioner will pay its reasonable, proportionate share of any future traffic signal on
Huntsville Road in front of its property.
4. Pending the Arkansas Highway's Departments approval, the Petitioner will pay a
reasonable amount to restripe a third turning lane to serve as the main Huntsville Road entrance
for its development as shown in Exhibit "B."
5. In its development depicted in Exhibit `B," the Developer promises there will be three
points of ingress and egress, plus the stub out to the East.
6. The Developer will pay its reasonable fair share of work to alleviate an offsite drainage
issue that the City and the Developer promised to fix in the 2008 PDZ concerning this property,
Exhibit "C" P 4/4
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1GRGI:NSIN.4 ASSOCIATES-•^'1,•Nr i -• I:•��
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Washington County, AR
I certify this instrument was filed on
09/09/2015 10:23:42 AM
and recorded in R state
File Number 20 564
Kyle Sylvester- lerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
- (479) 575-8323
Text File
File Number: 2015-0249
Agenda Date: 8/18/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 1
RZN 15-5044 (4065 E. HUNTSVILLE RD./THE PLAZA)
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
15-5044, FOR APPROXIMATELY 16.02 ACRES, LOCATED AT 4065 E. HUNTSVILLE ROAD
FROM R-PZD 08-3071, RESIDENTIAL PLANNED ZONING DISTRICT BRIDGEDALE PLAZA TO
NC, NEIGHBORHOOD CONSERVATION, NS, NEIGHBORHOOD SERVICES, AND CS,
COMMUNITY SERVICES, SUBJECT TO A BILL OF ASSURANCE
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council for the City of Fayetteville, Arkansas hereby changes the zone
classification of the following described property from R-PZD 08-3071, Residential Planned Zoning
District Bridgedale Plaza to NC, Neighborhood Conservation, NS, Neighborhood Services, and CS,
Community Services, as shown on Exhibits "A" and "B" attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby accepts the Bill of
Assurance from the applicant and relies upon this Bill of Assurance in making this rezoning decision.
The Bill of Assurnace is attached as Exhibit "C" to this ordinance.
Section 3. 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 I Printed on 1011612015
City of Fayetteville Arkansas 113 West Mountain Street
E�)rl
1Fayetteville, AR 72701
I.(479) 575-8323
Text File
File Number: 2015-0249
Agenda Date: 6/2/2015 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 1
RZN 15-5044 (4065 E. HUNTSVILLE RD./THE PLAZA)
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
15-5044, FOR APPROXIMATELY 16.02 ACRES, LOCATED AT 4065 E. HUNTSVILLE ROAD
FROM R-PZD 08-3071, RESIDENTIAL PLANNED ZONING DISTRICT BRIDGEDALE PLAZA TO
RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE, NS, NEIGHBORHOOD
SERVICES, AND CS, COMMUNITY SERVICES
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council for the City of Fayetteville, Arkansas hereby changes the zone
classification of the following described property from R-PZD 08-3071, Residential Planned Zoning
District Bridgedale Plaza to RSF-7, Residential Single Family, 7 Units per Acre, NS, Neighborhood
Services, and CS, Community Services, as shown on Exhibits "A" and "B" attached hereto and made a
part hereof.
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.
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15-5044
EXHIBIT 'A'
RZN 15-5044
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RZN 15-5044
EXHIBIT `B'
LEGAL DESCRIPTION: (ENTIRE TRACT)
A PART OF THE W1/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE N02°46'52"E 3400.63 FEET
TO THE P.O.B., THENCE N02°51'17"E 857.50 FEET, THENCE N24°33'07"E 301.26 FEET, THENCE ALONG A CURVE TO THE
RIGHT 19.81 FEET, SAID CURVE HAVING A RADIUS OF 89.00 FEET AND A CHORD BEARING OF N30°55'40"E 19.77 FEET,
THENCE N37°18'14"E 65.78 FEET, THENCE 554°18'58"E 79.68 FEET, THENCE S53°59'33"E 439.95 FEET, THENCE
S02°54'07"W 477.63 FEET, THENCE S66°54'34"E 150.65 FEET, THENCE S02°46'49"W 446.94 FEET, THENCE N87°12'11"W
513.27 FEET, THENCE N87°02'40"W 230.74 FEET TO THE P.O.B.; CONTAINING 16.02 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION: (RSF-7, Residential Single Family Seven Units per Acre)
A PART OF THE W1/2 OF THE NWI/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE N02°46'52"E 3400.63 FEET
TO THE P.O.B., THENCE N02°51'17"E 769.60 FEET, THENCE S87°08'43"E 593.04 FEET, THENCE S02°54'07"W 321.93 FEET,
THENCE S86°54'34"E 150.65 FEET. THENCE 502'46'49"W 446.94 FEET, THENCE N67°1211W 513.27 FEET, THENCE
N87°02'40"W 230.74 FEET TO THE P.O.B.; CONTAINING 12.03 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION: (NS, Neighborhood Services)
A PART OF THE W1/2 OF THE NW1/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE N02°46'52"E 3400.63 FEET,
THENCE N02°51'17"E 769.60 FEET TO THE P.O.B., THENCE N02°51'17"E 87.89 FEET, THENCE N24°33'07"E 112.82 FEET,
THENCE $65°26'17"E 241.92 FEET, THENCE ALONG A CURVE TO THE LEFT 205.58 FEET, SAID CURVE HAVING A RADIUS
OF 150.00 FEET AND A CHORD BEARING AND DISTANCE OF N75°17'56"E 189.87 FEET, THENCE N36°02'08"E 75.63 FEET,
THENCE S53°59'33"E 124.56 FEET, THENCE S02°54'07"W 155.70 FEET, THENCE N87°08'43"W 593.04 FEET TO THE P.O.B.;
CONTAINING 1.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD.
LEGAL DESCRIPTION: (CS, Community Services)
A PART OF THE W1/2 OF THE NWI/4 OF SECTION 19, T16N, R29W IN WASHINGTON COUNTY, ARKANSAS AND BEING
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 19 THENCE N02°46'52"E 3400.63 FEET,
THENCE N02°5117"E 857.50 FEET, THENCE N24°33'07"E 112.82 FEET TO THE P.O.B., THENCE N24°33'07"E 188.43 FEET.
THENCE ALONG A CURVE TO THE RIGHT 19.81 FEET, SAID CURVE HAVING A RADIUS OF 89.00 FEET AND A CHORD
BEARING AND DISTANCE OF N30°55'40"E 19.77 FEET, THENCE N37°1814E 65.78 FEET, THENCE S54°18'58"E 79.68 FEET,
THENCE S53° 59'33"E 315.39 FEET, THENCE S36°02'08"W 75.63 FEET, THENCE ALONG A CURVE TO THE RIGHT 205.58
FEET, SAID CURVE HAVING A RADIUS OF 150.00 FEET AND A CHORD BEARING AND DISTANCE OF S75°17'56"W 189.87
FEET, THENCE N65°26'17"W 241.92 FEET TO THE P.O.B.; CONTAINING 2.01 ACRES MORE OR LESS SUBJECT TO
EASEMENTS AND RIGHT OF WAY OF RECORD.
City of Fayetteville Staff Review Form
2015-0249
Legistar File ID
6/2/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 5/15/2015 City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 15-5044: Rezone (4065 E. HUNTSVILLE RD./THE PLAZA, 569): Submitted by JORGENSEN & ASSOCIATES for
property located at the 4065 E. HUNTSVILLE RD. The property is zoned R-PZD 08-3071, RESIDENTIAL PLANNED
ZONING DISTRICT BRIDGEDALE PLAZA and contains approximately 16.02 acres. The request is to rezone the
property to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE, NS, NEIGHBORHOOD SERVICES, AND CS,
COMMUNITY SERVICES.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No
Budget Adjustment Attached? NA
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
aye evi le
ARKANSAS
MEETING OF JUNE 2, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, City Planning Director
DATE: May 15, 2015
SUBJECT: RZN 15-5044: Rezone (4065 E. HUNTSVILLE RD.ITHE PLAZA, 569):
Submitted by JORGENSEN & ASSOCIATES for property located at the
4065 E. HUNTSVILLE RD. The property is zoned R-PZD 08-3071,
RESIDENTIAL PLANNED ZONING DISTRICT BRIDGEDALE PLAZA and
contains approximately 16.02 acres. The request is to rezone the property
to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE, NS,
NEIGHBORHOOD SERVICES, AND CS, COMMUNITY SERVICES.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the property
to RSF-7, Residential Single Family, 7 Units per Acre, NS, Neighborhood Services, and CS,
Community Services.
BACKGROUND:
The subject property contains approximately 16.02 acres located at the southeast corner of
Highway 16 East and River Meadows Drive. All five parcels are zoned R-PZD Bridgedale Plaza,
which was a mixed -use development approved by the City Council in 2008 by Ordinance No.
5197. The development was never constructed and the project has expired. The Bridgedale Plaza
development was approved in three planning areas including 60 single family dwellings, 30,250
sq. ft. of non-residential space and 24 multi -family dwelling units over offices.
The request is to rezone the north 2.01 acres to CS, Community Services, the middle 1.98 acres
to NS, Neighborhood Services, and the south 12.03 acres to RSF-7, Residential Single Family
Seven Units per Acre.
Land Use Compatibility:
The property is located along a busy highway corridor with single and multi -family homes to the
north, standard subdivision lots to the west and south, and some larger lots of approximately one
acre to the east. The proposed zoning for mixed use at the intersection and transitioning to single
family zoning provides adequate transition and compatible uses with the surrounding single and
multi -family dwellings.
Land Use Plan Analysis:
The zoning is in compliance with many of the goals of City Plan 2030 in particular the mixed -use
nature of the commercial, office, and different transitional zonings to create the opportunity for a
viable neighborhood. The proposal provides the opportunity for neighborhood services in an area
where services are limited. These potential services could serve the surrounding primarily
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
residential uses for commercial goods and services and provide an area in which residents can
live, work, and play. Providing nodes of neighborhood commercial and mixed use zoning
discourages sprawl, decreases a neighborhood's reliance on regional commercial developments,
and can potentially reduce the number of vehicle trips in the area. The zoning proposal also
provides the opportunity for a variety of dwelling types increasing diversity and vibrancy in the
community.
Goal 3 in City Plan 2030 states that, "We will make traditional town form the standard". This goal
promotes a variety of uses within a neighborhood for daily needs and services within walking
distance. In particular, the CS and NS zoning districts are form -based zones intended for buildings
to create an inviting pedestrian streetscape with mixed -use buildings and residences close to the
street, screening parking areas, and providing sidewalks in a traditional town form.
DISCUSSION:
On May 11, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval by a vote of 6-1-0 (Commissioner Brown voted 'no'). At the Planning
Commission meeting three members of the public spoke against the rezoning citing concerns with
traffic, property values, and flooding.
BUDGET/STAFF IMPACT:
N/A
Attachments:
CC Ordinance
Exhibit A
Exhibit B
Planning Commission Staff Report
CITY OF
layVe le PLANNING COMMISSION MEMO
AS
TO: City of Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: May 11, 2015 Updated with Planning Commission results
SUBJECT: RZN 15-5044: Rezone (4065 E. HUNTSVILLE RD.ITHE PLAZA, 569):
Submitted by JORGENSEN & ASSOCIATES for property located at the
4065 E. HUNTSVILLE RD. The property is zoned R-PZD, RESIDENTIAL
PLANNED ZONING DISTRICT and contains approximately 16.02 acres.
The request is to rezone the property to RSF-7, RESIDENTIAL SINGLE
FAMILY, 7 UNITS PER ACRE, NS, NEIGHBORHOOD SERVICES, AND
CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN 15-5044 to the City Council with a recommendation for
approval.
BACKGROUND:
The subject property contains approximately 15.95 acres located at the southeast corner of
Highway 16 East and River Meadows Drive. All five parcels are zoned R-PZD Bridgedale Plaza,
which was a mixed -use development approved by the City Council in 2008 by Ordinance No.
5197. The development was never constructed and the project has expired. The Bridgedale Plaza
development was approved in three planning areas including 60 single family dwellings, 20,000
sq. ft. of non-residential space and 24 multi -family dwelling units over offices, and 20,000 sq. ft.
of non-residential space. The surrounding zoning and land uses are depicted in Table 1.
Table 1
Land Use
Direction Land Use
from Site
Residential Multi -family 24 units per
RSF-4, Residential Single-family; R -A,
Single-family
Request: The request is to rezone the north 2.01 acres to CS, Community Services, the middle
1.98 acres to NS, Neighborhood Services, and the south 12.03 acres to RSF-7, Residential Single
Family Seven Units per Acre.
Public Comment: Staff has received a phone call from a resident in the Stonebridge Meadows
who discussed concerns with traffic and adverse impacts to property values..
Mailing Address: Planning Commission
113 W. Mountain Street www.fayet 1n'Y.1P �14v
Fayetteville, AR 72701 15-5044 The Plaza S/D
Page 1 of 15
INFRASTRUCTURE:
Streets: The subject parcel has access to River Meadows Drive to the northwest (Local
Street), Huntsville Road (Hwy. 16) to the north (Principal Arterial Drive), and
Pinnacle Drive (Local Street) to the south. Any required improvements to these
streets will be determined at time of development. Previous improvements required
with the Bridgedale Plaza PZD included the addition of right- and left -turn lanes on
River Meadows at Highway 16; all standard improvements to Highway 16 and the
potential for a center turn lane; and potential for construction of or contribution of
payment for a traffic signal at River Meadows and Highway 16.
Water: Public water is available to the site. There are three locations where water can
be accessed by this site. One is an existing 8 -inch main along the property
frontage of River Meadows Drive, another is the 12 -inch main along the property
frontage on Huntsville, and the last is along the south side of the property where
an 8 -inch main has been stubbed out from Pinnacle Dr. for future extension.
Sewer: Sanitary sewer is available to the site at multiple places. An 8 -inch main runs along
the southern side of the property near the stub out of Pinnacle Drive. There is also
an 8 -inch line stubbed out to the property along the property frontage of River
Meadows Drive. Both of these connection points flow to Sanitary Sewer Lift
Station #27. There is also gravity sewer available to the property along the
Huntsville Road frontage.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. This property is not located within the floodplain, but the
City's GIS mapping does indicate Hydric Soils near the northeast corner.
Therefore, a wetlands determination will be necessary at the time of development.
This parcel does not contain any protected streams per the Streamside Protection
map, No portions of the subject parcel are located within the Hillside/Hilltop
Overlay District.
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN:
City Plan 2030 Future Land Use Plan designates this site as a Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single-family, multi -family and row
houses. Residential Neighborhood encourages highly connected, compact blocks with gridded
street patterns and reduced setbacks. It also encourages traditional neighborhood development
that incorporates low -intensity non-residential uses intended to serve the surrounding
neighborhood, such as retail and offices, on corners and along connecting corridors.
DISCUSSION:
FINDINGS OF THE STAFF
Planning Commission
May
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Recommendation: Staff recommends forwarding RZN 15-5044 to the City Council with a
recommendation for approval.
Required YES
Date: May 11, 2015 O Tabled
H Forwarded O Denied
Motion: Hoskins Second: Selby Vote: 6-1-0 (commissioner Brown voted 'no)
CITY COUNCIL ACTION:
Date:
Required YES
O Approved O Denied
Note: The P/ann/na Commission recommended approval
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: in staffs opinion the three zoning districts proposed for the property are
compatible with the surrounding land uses and consistent with land use
planning objectives and land use plans.
The property is located along a busy highway corridor with single and multi-
family homes to the north, standard subdivision lots to the west and south,
and some larger lots of approximately one acre to the east. The proposed
zoning for mixed use at the intersection and transitioning to single family
zoning provides adequate transition and compatible uses with the
surrounding single and multi -family dwellings.
The zoning is in compliance with many of the goals of City Plan 2030 in
particular the mixed -use nature of the commercial, office, and different
transitional zonings to create the opportunity for a viable neighborhood. The
zoning proposal provides the opportunity for neighborhood services in an
area where services are limited. These potential services could serve the
surrounding primarily residential uses for commercial goods and services
and provide an area in which residents can live, work, and play. Providing
nodes of neighborhood commercial and mixed use zoning discourages
sprawl, decreases a neighborhood's reliance on regional commercial
developments, and can potentially reduce the number of vehicle trips in the
area.
Goal 3 in City Plan 2030 states that, "We will make traditional town form the
standard". This goal promotes a variety of uses within a neighborhood for
daily needs and services within walking distance. In particular, the CS and
NS zoning districts are form -based zones intended for buildings to create an
inviting pedestrian streetscape with mixed -use buildings and residences
close to the street, screening parking areas, and providing sidewalks in a
traditional town form.
Planning Commission
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2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: In staffs opinion the rezoning is justified and needed at this time. Currently,
the property is zoned R-PZD Bridgedale Plaza, but all development rights
have expired. This creates challenges for the current property owner and any
future buyer, as nothing can be developed on the property without a
rezoning.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The property is currently undeveloped and there are no development rights,
since the PZD approval has expired. Any rezoning action will increase traffic
congestion in the area. Highway 16 is a very congested roadway at peak
times and in particular it is very difficult turning left out of River Meadows
Drive onto Highway 16 during these times. However, any new development
will also create the requirement for new streets and street improvements that
will help facilitate additional traffic. With adequate street improvements
required as part of the development to the surrounding street infrastructure,
traffic danger and congestion should be minimized.
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 property will likely increase population density and
commercial intensity. There are adequate water and sewer services along
and within this property to support future development. The Fayetteville
Police and Fire Departments have not expressed concerns with this
rezoning.
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
Planning Commission
May
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BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code sections 161.08; 161.16; 161.19
• Request letter
• Proposed Zoning Exhibit
• Bridgedale Plaza R-PZD 08-3071 site plan
• Close Up Map
• Current Land Use Map
• Future Land Use Map
• One Mile Map
Planning Commission
1.2015
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161.08 District RSF-7, Residential Single -Family — Seven Units Per Acre
(A) Purpose The RSF-7 Residential District is designed to permit and encourage the development of detached dwellings in suitable
environments.
(B) Uses.
1 Permitted uses.
Unit 1 J City-wide uses by right
Unit 8 J, Single-familythngle-family dwellings
Unit 41 j Accessory dwellings
2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
wireless communications facitities
Unit 44
Cottage Housing Development
C) Density
Single -Family dwelling
units per acre 7 or less
(D) Bulk and area regulations.
(E) tot width minimum.
Sin le-femil
60 ft.
Two-family
60 ft
Townhouse, no more than
two attached
30 ft.
IF) Lot area minimum.
[Single-family
6.000 sq. Ft.
10 -family
6.000 sq. ft.
Townhouse, no more than
two attached
3,000 sq. ft.
(G) Land area per dwelling unit.
Sin to-famil
6.000 sq. fl.
Two-femily
3,000 sq. fl.
Townhouse, no more than
two attached
3,000 sq. ft.
(H) Setback requirements
Front Side Rear
15 ft. 5 ft, I 15 ft.
I Bwldinq lleirht re eletiens.
Building Het ht Maximum I 450
Height regulations Structures in this District are limited to a building height of 45 feet- Existing structures that exceed 45 feet in
height shall be grandfathered in, and not considered nonconforming uses, (ord # 4858).
(J) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area
(Code 1991, §160.046; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord. No 4178, 8-31-99; Ord. 4856, 4-18-06;
Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord, 5224, 3-3-09; Ord. 5312, 4-20-10; Ord 5462, 12-6-11)
Cross reference(s)--Variance, Ch. 156.
Planning Commission
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161.16 Neighborhood Services
(A) Purpose. The Neighborhood Services district is designed to serve as a mixed use area of low Intensity. Neighborhood Services
promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood
businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise
Control, the Neighborhood Services district is a residential zone.
(B) Uses
11) Permitted uses
Unit 1
City-wide uses by right
Unite
Single-familySIngle-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-famIly dwellings
Unit 12
Limited Business
Unit 24
Home occupations
Unit 41
Accessory dwelling units
Unit 44
Cottage Housing Development
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when
combined with pre -approved uses.
12) Conditional uses
Unit 2
City-wide uses by conditional use
Unit3
Public rotection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 6
Government Facilities
Unit 13
Eating laces
Unit 15
Nei hborhood shopping oods
Unit 19
Commercial recreation, small sites
Unit 25
Offices. studios and related services
Unit 26
Multi-famIly dwellings
Unit 36
Wireless communication facilities'
Unit 40
Sidewalk cafes
Unit 45
Small scale production
(C) Density.
Units per acre 10 or less
(D) Bulk and Area
f 11 Lot width minimum
Single-family
35 feet
Two-family
10 feet
Three or more I
SO feet
All other uses
1 None
(2) Lot area minimum.
Single-family
4,000 so. ft.
Two-family or more
3,000 sq ft. of lot area per
dwelling unit
All other permitted and
conditional uses
None
(E) Setback reulaliens
Front:
A build -to zone that is located between 10
and 25 feet from the front property line.
Side
5 feet
Rear
15 feet
(F) BuRdfng height regulations.
Building Height Maximum I 45 ft
(G) Building area, On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot.
(Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord 5664, 2-18-14; Ord. 5735, 1-20-15)
Planning Commission
May 11, 2015
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161.19 Community Services
(A) Purpose. The Community Servicesdlstrict is designed primarily to provide convenience goods and personal services for persons
living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial
corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban
form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a
commercial zone. The intent of this zoning district is to provide standards that enable development to be approved
administratively.
(B) Uses.
Cl) Permitted uses.
Unit 1
City-wide usu%,py right
Unit 4
Cultural and recreational facilities
Unit5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-famil uwailln s
Unit 10
Three-famIly dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-
inrddve throw h restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi-FamIly dwellings
Unit 44
Cottage Housing Development
Unit45
Small scale production
Note: Any combination of above uses is permitted upon any lot within this zone, Conditional uses shall need approval when combined
with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting
recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities'
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density None
(D) Bulk and area regulations
n Lot width minimum _____^_
Dwelling 18 ft 1
All others None
(2) Lot area mtn6num. None
Sefbach fegtdatrons _
Front. A build -to zone that is located
between 10 feet and a line 25
feet from the front property line,
Side and rear: None
Side or rear, when contiguous to a 115 feet
sin le -family residential district: l
(F) Building Height Regulations.
I Building Height Maximum 56 ft
(G) Minimum buildable street frontage 50% of the lot width.
(Ord. 5312, 4-20-10; Ord. 5339, 6-3-10; Ord. 5462, 12-6-11; Ord 5592, 6-18-13; Ord 5664, 2-18-14: Ord. 5735, 1-20-15)
Planning Commission
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JORGENSEN & ASSOCIATES
CIVIL ENGINEERS - SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 - FAYETTEVILLE, ARKANSAS 72703
City of Fayetteville
113 W Mountain
Fayetteville, AR. 72701
At: Andrew Garner
Re: Bridgedale Plaza Rezoning
(479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
JUSTIN L. JORGENSEN, P.E.
BLAKE E. JORGENSEN, P.E.
3/26/IS
Attached please find information pertaining to a rezoning request for Bridgedale Plaza. This project was
previously processed as a PZD and due to the bad economy nothing was started so it has expired.
The owner would now like to request a rezoning as follows;
Area #1 to RSF -7
Area #2 to NS
Area #3 to CS
Area #1 consists of 12.03 acres and the request is to rezone to RSF-7 which would allow for 60' wide
lots, 6000 sf minimum. Our plan shows a maximum 57 single family lots.
Area #2 consists of 1.98 acres and the request is to rezone to NS (Neighborhood services) serving as
mixed use low intensity promoting walkable, pedestrian oriented neighborhood businesses.
Area #3 consist of 2.01 acres and the request is to rezone to CS (Community services) providing
convenience goods and personal services.
This property is surrounded by RSF-4 to the west, south and partially to the east. A portion of the
property to the east is R -A. Property to the north is RMF-24, RSF-7 and RSF-4. This property will be
accessed by Pinnacle Drive to the south and River Meadows Drive and Hwy 16 to the north. Water and
sewer will be accessed to the north, west and south.
Detention will be provided to the north and to the south.
Please review and contact me concerning any questions you may have.
Sincerely;
David L. Jorgensen, P.F
PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS' WASTEWATER SYSTEMS • LAND SURVEYING
Planning Commission
May 11,2015
Agenda Item 4
15-5044 The Plaza S/D
Page 9 of 15
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May 1.2015
Agenda Item 4
15-5044 The Plaza SID
Page 10 of 15
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15-5044 The Plaza S/D
Page 11 of 15
15-5044 The Plaza SID
Page 12 of 15
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Page 14 of 15
Agenda Item 4
15-5044 The Plaza S/D
Page 15 of 15
CityClerk
From: Patand Cindy Hodskins <hodski2@aol.com>
Sent: Thursday, May 28, 2015 3:31 PM
To: CityClerk
Subject: June 2 City Council New Business "Plaza" rezone
Patrick and Cynthia Hodskins May 28, 2015 1128
Saint Andrews Circle Fayetteville, AR
72701
To: Fayetteville City Council, City Attorney, Planning Commission
Re: Proposed Development Surrounding Stonebridge Meadows Golf Community June
2 Agenda as New Business — the Plaza
Dear City Officials:
Our community is deeply disappointed and concerned about developers desiring to build on open land on
all sides of Stonebridge Meadows. Residents are saddened because we all chose to live on the outer edge
of Fayetteville, not in the city center where we could expect to walk everywhere and have little green
space.
We drive regularly through the city for shopping and services. Do not feel you need to bring those out
Highway 16 to our neighborhood. Under Planning Commission's recent approval for Clint McDonald to
build, we would experience greatly increased traffic at River Meadows Drive, SB residents and Plaza
visitors trying to enter and exit an already heavily traveled Highway 16. It remains to be seen — at
builder's discretion — whether the ascetic will be enhanced or diminished — but we know it will include
concrete.
Highway 16 is already a multi -year project with current construction only widening some sections of the
road. It is not acceptable to think of a distant future alleviation of the River Meadows traffic burden.
We ask the City Council to step back from the Planning Commission's approval and insist that the land
owner and engineers consider rerouting traffic away from River Meadows Drive, and further ensure that
water drainage flows into their own land rather than backyards of homes in Stonebridge Meadows.
Homes on Saint Andrews Circle with backyards bordering the McDonald land, lie two feet lower than the
land on which they seek to build 7 units per acre.
These protections for current property owners must be in the initial traffic and drainage plans for the
Plaza, before considering approval.
We appreciate your consideration of these problems and welcome your response.
Regards,
Patrick Hodskins
Cynthia Hodskins
Cc: Saint Andrews neighbors
tla,> c out tl /c ;
HALL
LSTILL
August 4,2015
VIA E-MAIL CITYCLERK@FAYETTEVILLE-AR.COV
Fayetteville City Council
Re: RZN 15-5044(4065 E. Huntsville Rd. /the Plaza)
Dear Members of the Council:
Robert K Rhoads
75 N. East Avenue, Suite 402
Fayelleville, AR 72701-5388
Direct Dial: (479) 973-5202
Facsimile: (479) 9730520
rrhoads@hallestill.com
I represent die Developer, Bridgedale (the "Develper") in the above -referenced rezoning.
If you will recall, in your July 7"' meeting, this matter came up on the third (3rd) reading and after
one member of the public and the Developer spoke, the council discussed it. However, before
putting it to a vote, the Developer requested it be tabled in order to rework the plan. That has
been done (see the new Plat attached) and what is new about it for presentation tonight is as
follows:
Tulsa, OK
Oklahoma City, OK
The twelve -acre portion has been reclassified to request Neighborhood
Conservation instead of RSF 7. As you know, Neighborhood Conservation allows
for ten (10) lots per acre. However, the Developer will enter into a Bill of
Assurance to limit the number of lots at 57 or 4.7 lots per acre. Also note that this
is compatible with the surrounding area. I have enclosed a copy of a plat prepared
by the Developer's engineer, showing that there are 16 developments around the
area of The Plaza, with a total of 1224 lots (a good argument could be made that
this project is the type of infill the City is looking for).
To show further the compatibility of The Plaza, the Planning Department
supports the Project at the 4.7 lots per acre request. The prior PZD, from 2008,
allowed 60 single family dwellings and 24 multi -family dwelling units over offices.
On May 11, 2015 the Planning Commission voted in favor of this project 6 to 1.
Further, on the July 7t1i meeting, Alderwoman Marsh stated this project "was
compatible" and Alderman Mark Kinion indicated that "compatibility wasn't an
issue." Actually, none of you specifically said the Project was incompatible.
In addition, the Developer will add five (5) other promises on a Bill of
Assurance that speak to not only the single family twelve (12) acres, but also to the
Residential Office and Community Service portions of the rezoning request. Those
contractual promises are:
1) A gas station, although permitted by the zoning request, will not go on the
property.
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C
www.hallestill.com
Washington, D.C.
Northwest Arkansas
Fayetteville City Council
August 4, 2015
Page 2
2) There will be three points of ingress and egress, plus there will be a stub
out to the East.
3) That Developer will pay his share of any future traffic signal.
4) That Developer will pay his fair share of work to alleviate an offsite
drainage issue that the City and the Developer had planned to fix as stated
in the original PDZ (there are neighbors, specifically on Robert's Road,
that have been waiting for this fix since 2008).
5) In order to ease any traffic issues before the light can be installed, the
Developer will pay a reasonable amount to re -stripe a third (3r°) turning
lane (with the highway department's permission) to serve the main
entrance for this development on Huntsville Road (based on the almost
completed widening of Huntsville Road, this part of the road is currently
wide enough where no further asphalt or dirt work would be needed).
The Developer for this Project has owned this property before it was a PZD, but
unfortunately, due to the economy turn, couldn't develop it, and, as you know, it expired. What
is unusual about this Developer is that this entire time, from before it was a PZD until today, he
has lived on the property and therefore knows the benefit that the commercial services, and the
offsite drainage fix, etc. will be for this neighborhood. Also, if people can get to the commercial
services he plans to build without having to get on to Huntsville Road, that will lessen the burden
on Huntsville Road. These commercial services would be accessible, not just to the people in this
rezoning development, but to many of the people in Stone Bridge Meadows, Crescent Lake, the
Hamptons, Bridgedale, etc.
In reviewing the Planting Department's Memo addressed to you on May 1511i, 2015, I'd
highlight a few things showing why you should support this project:
1) "The zoning is in compliance with many of the goals of City Plan 2030."
2) "The proposal provides the opportunity for neighborhood services in an area
where services are limited."
3) "Providing nodes of neighborhood, commercial and mixed use zoning
discourages sprawl... and can potentially reduce the number of vehicle trips in
the area."
In a May 11'x' Memo from Andrew Garner to the Planning Commission, he talks about
water and sewer being available on the site, a lot in part due to this Developer's contribution to
the water and sewer lines going under the west fork of the White River back when he had the
PZD. That is, he contributed ($850,000) with other developers to make that happen potentially
serving not only his development but the area in general. In that same Memo, Mr. Garner
indicates that in regard to the subject of drainage, any additional requirements would be
determined at that time of the development. As Kit can confirm, drainage should not be a
Fayetteville City Council
August 4, 2015
Page 3
determining factor to rezone, instead you should be looking at compatibility. Nonetheless, this
Developer believes that between him and the City's requirements, since this area is not in the
flood plain, he will be able to do the things necessary to hopefully help any issue that might
already exist in the surrounding areas.
I thank you for your consideration. Myself, as well as Mr. Jorgensen, will be available
for questions tonight at the meeting. Unfortunately, the Developer is unable to be there. See you
tonight.
Sincercly.
tuhcrl K. Rhoads
RKR:kns
Enclosures
cc: Mayor Jordan (via email)
Jeremy Pate (via email)
Kit Williams (via email)
Dave Jorgensen (via email)
Client (via email)
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From: CityClerk
Sent: Monday, August 17, 2015 3:07 PM
To: Alan Long (Longward4@gmail.com); Pennington, Blake; citycouncil@matthewpetty.org;
Marr, Don; McCoy, Dee; Eads, Gail; Roberts, Gina; Johnson, Kimberly; Williams, Kit;
Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Norton, Susan; Pate, Jeremy; Smith, Sondra;
Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Schoppmeyer, Martin; La Tour,
John; Long, Alan
Cc: Pate, Jeremy
Subject: FW: City Council Agenda Aug 18
From: Patand Cindy Hodskins [mailto:hodski2@aol.com]
Sent: Monday, August 17, 2015 1:44 PM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: City Council Agenda Aug 18
August 17, 2015
Fayetteville City Council and Staff
Re: Zoning Request 4065 E. Huntsville Rd./The Plaza
Dear Council
Our interest in this matter before you is due to the proposed 16 -acre Plaza abutting Stonebridge Meadows that will
negatively impact traffic and drainage, particularly at River Meadows Drive, and the White River.
Other new developments along Huntsville Rd. do not abut the land in question; so one can see why Stonebridge
Meadows residents have concerns. Development goals of compatibility and in -fill do not address our concerns of water
drainage and traffic congestion. In truth, the concept of in -fill development sacrifices natural drainage due to the spread of
concrete surface.
On July 7, several aldermen showed concerns of traffic safety and potential flooding of the White River adjacent to
Stonebridge Meadows. We thank the individual council members who expressed concerns regarding increasing traffic on
an already heavily traveled two-lane highway. Please continue to show your leadership to proactively seek alleviation
rather than compounding of existing traffic problems on this two-lane state highway.
There is heavy traffic between Fayetteville, Elkins, and communities to the east. Without a traffic signal, the proposed
commercial (CS and NS) services will negatively impact traffic and create greater obstacles to residents' attempting to exit
River Meadows. As designed, future residents of the RSF-7/NC Plaza will certainly have an option of using Saint
Andrews and River Meadows as egress streets. All this will add to heavy usage and long waits for safe entry to Huntsville
Road. The developer proposed adding a turning lane which will make it more difficult to turn west toward Fayetteville from
River Meadows.
Thank you for considering these impacts to existing neighbors. In deciding on proper zoning for the Plaza land; at a
minimum, we respectfully request the removal of River Meadows Drive as an entry/egress to the Plaza plan.
Sincerely,
Pat and Cindy Hodskins
1128 Saint Andrews Circle
Fayetteville, AR 72701
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 this property, (hereinafter "Petitioner") McDonald, LLC, 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.
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 use of Petitioner's property shall be limited to: See Exhibits A and B.
2. Other restrictions including number and type of structures upon the property are
limited to: See Exhibits A and B.
3. Specific activities will not be allowed upon petitioner's property include: See Exhibits
4. (Any other terms or conditions) to: See Exhibits A and B.
5. 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, 1, Clint McDonald, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
August 14, 2015
Date
1g g.
Address
1�M.t,g eU, l l,z A 21z7o1
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Clint McDonald
Printed Name
Signature
NOTARY OATH
And no of tl1is the 11('4' —day of 2015, appeared before me,
ct71 ii ° t , a Notary Public, and r being placed upon his/her oath swore
or ffirmed that he/she agreed with the terms of the above Bill of Assuranceandsigned his/her
name above. % A , f I
My Commission Expires:
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ROBIN K MATLOCIC
MY COMMISSION # 12397078
EXPIRES: February 13, 2024
BILL OF ASSURANCE
EXHIBIT "A"
1. In regard to the 12.03 acre area shown on Exhibit "B" with the zoning request of
Neighborhood Conservation, the Petitioner hereby agrees to limit the number of lots to 57 or 4.7
lots per acre.
2. The Developer will not permit a gas station on any of the tracts shown in Exhibit "B."
3. The Petitioner will pay its reasonable, proportionate share of any future traffic signal on
Huntsville Road in front of its property.
4. Pending the Arkansas Highway's Departments approval, the Petitioner will pay a
reasonable amount to restripe a third turning lane to serve as the main Huntsville Road entrance
for its development as shown in Exhibit "B."
5. In its development depicted in Exhibit "B," the Developer promises there will be three
points of ingress and egress, plus the stub out to the East.
6. The Developer will pay its reasonable fair share of work to alleviate an offsite drainage
issue that the City and the Developer promised to fix in the 2008 PDZ concerning this property.
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P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW.NWADG.COM
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 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. 5790
Was inserted in the Northwest Arkansas Democrat
Gazette on:
August 27, 2015
Publication Charges: $ 103.76
Cathy Wiles
Subscrred and sworn to before me
This I day of S(p , 2015.
si-�e-
Notary Public
My Commission Expires:7/Z/zr
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
ASHLEY DAVIS
Arkansas • Washington County
Notary Public - Conan# 12694247
My Commission Expires Jul 2, 2025
RECEIVED
SEP 02 2015
CITY CLERK'S fix