HomeMy WebLinkAboutOrdinance 5415 Iiflilllifilllilffiil0lnlifllllllilfilllllililllililiiiliillllllllllllllllll
:Doc ID: "014104950003 Type: REL
Kind: ORDINANCE
Recorded: 07/13/2011 at 10:45:55 AM
Fee Amt: $25.00 Pace i of 3
Nashincton Countv. AP
BetteeStaws Circuit Clerrk(�I�f Q
F11e2011-000192 V
ORDINANCE NO. 5415
AN ORDINANCE REVOKING R-PZD 05-1635 (FALLING
WATERS) AND REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 11-3805, FOR
APPROXIMATELY 136.70 ACRES, LOCATED EAST OF
DEAD HORSE MOUNTAIN ROAD, FROM R-PZD,
RESIDENTIAL PLANNED ZONING DISTRICT 05-1635, TO R-
A, RESIDENTIAL AGRICULTURAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That R-PZD 05-1635 (Falling Waters) 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 05-
1635 to R-A, Residential Agricultural, 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 21"day of June 21,2011.
APPROVED: ATTEST:
By d By: 7 /v ,,"aaanm,nq
If NELD J N,Mayor SONDRA E. SMITH, CityClerk/Tre��.. G��y �F U& _
ZU• A�
;FAYETTEVILLE' x
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a
EXHIBIT "A"
RZN11-3805 FALLING WATERS
Close Up View
.. ..........
SONOMA FALLS ST
.CWFFARMRO —
- Ry BLACK CANYON sr
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TROON OR
SUBJECT PROPERTY Q�,a OAKMONTDR
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let
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Legend - -
RZN 11-3805
--•• Muti-Use Trail (Existing)
Future Trails
o� Footprints 2010
- Hillside-Hilltop O erlay District
Design Overlay C Istrict
Design Overlay C istrict
------ Planning Area
Fayetteville 0 450 900 1.800 2,700 3.6Fee1
EXHIBIT `B"
RZN 11-3805
A PART OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT A POINT WHICH IS S02°29'13"W 354.52' FROM THE
NORTHEAST CORNER OF SAID SECTION 25 AND RUNNING THENCE S02029'13"W
ALONG THE EAST LINE OF SAID SECTION 25, 2272.20- TO THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, THENCE S02°46'19"W
ALONG THE EAST LINE OF SAID SECTION 25, 1985.66', THENCE LEAVING SAID
EAST LINE N87°28'15"W 1331.05', THENCE NO2°43'19"E 661.13' TO THE NORTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 25, THENCE NO2°43'19"E 661.12', THENCE N87°30'44"W 1322.72'TO THE
CENTERLINE OF DEAD HORSE MOUNTAIN ROAD, THENCE ALONG SAID ROAD
CENTERLINE NO1°21'03"E 147.71', NO2-10'27"W 113.47', N12°37'57"W 70.78',
N26023'56"W 183.58',N40°16'50"W 110.50', THENCE LEAVING SAID ROAD
CENTERLINE S87009'05"E 339.76', THENCE S55°59'34"E 68.39', THENCE S78°35'33"E
64.66', THENCE N68026'18"E 50.69', THENCE N40°49'47"E 119.42', THENCE N67°48'02"E
111.83', THENCE N46030'37"E 129.81', THENCE N63019'19"E 81.77', THENCE N34000'43"E
82.98', THENCEN41°59'59"E 127.02', THENCEN28°49'13"E 153.99', THENCEN31°14'42"E
104.87', THENCE N22°20'43"E 149.96', THENCE N23052'34"E 226.37', THENCE
N17°26'58"E 85.55', THENCE N36°21'17"E 103.73', THENCE S66°57'06"E 223.03', THENCE
N84019'20"E 226.46', THENCE N55°07'03"E 80.92', THENCE N66006'39"E 126.81', THENCE
N54014'44"E 137.60', THENCE N59°50'18"E 212.34', THENCE N73°17'36"E 182.83',
THENCE N05055'44"W 74.86', THENCE N61°42'53"W 143.18', THENCE N54°57'40"E
216.60', THENCE N62°50'36"E 152.12', THENCE N34°36'21"E 95.96', THENCE
N06059'40"W 119.49', THENCE N42044'46"E 440.66' TO THE POINT OF BEGINNING.
CONTAINING 136.70 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN ROAD
RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND
EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Washington County, AR
I certify this instrument was filed on
07/13/2011 10:45:55 AM
and recorded in Real Estate
File Number 2011-00018278
Bette Stamps- irc it C rk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
rxn
City Council Meeting Data
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3805: (East of Dead Horse Mountain Road/Falling Waters, 685): Submitted by The City of Fayetteville for
property located east of Dead Horse Mountain Road. The property is zoned R-PZD, Residential Planned Zoning
District 05-1635 and contains approximately 136.70 acres. The request is to revoke the PZD pursuant to 166.06(C)
and rezone the subject property to R-A, Residential Agricultural.
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
,tyy., [ygk ' 4.110 Previous Ordinance or Resolution#
Deparlmen Director Date
\ Original Contract Date:
i�
1
201 l Original Contract Number:
City AttorneyyQ , An Date
U 0. - 'dam - i6- Z1411
Finance 6 Internal Services Director Date Received in City 05-1 2-1 1 P 0 4 : 18 R C V D
Clerk's Office
Chief of S Date ��
i• Received in
Mayor's Office
Ma r { Dgtiu< /
Comments:
Revised January 15,2009
Taye
eve le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKq NSpS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: May 11, 2011
Subject: RZN 11-3805 (Falling Waters PZD Revocation)
RECOMMENDATION
Planning Commission and staff recommend approval of an ordinance to revoke the expired Falling Waters Planning
Zoning District and rezone the property from R-PZD 05-1635 Falling Waters to R-A,Residential Agricultural,
BACKGROUND
The subject property consists of approximately 137 acres located south of Stonebridge Meadows Golf Course and
east of Dead Horse Mountain Road. The south, east and western limits of the subject property extend to the city
limits. The property is an undeveloped, heavily tree canopied hillside with frontage on Dead Horse Mountain Road.
It is currently zoned R-PZD 05-1635, Falling Waters. The property is located within the Hillside Hilltop Overlay
District. On November 15, 2005 the City Council approved the Falling Waters Residential Planned Zoning District
on the subject property (R-PZD 05-1635). The property was originally zoned R-A, Residential Agricultural. The R-
PZD zoning permitted a total of 258 single family lots with a density of approximately two units per acre.
Construction permits for the project were never obtained and the R-PZD approval has expired. 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 City Planning Division has initiated the PZD
revocation process following the requirements Fayetteville Unified Development Code Chapter 166.06(C). An initial
letter was sent to the property owners on October 21, 2010 notifying them of the expired PZD, discussing options for
establishing a valid zoning district, and the intent of the City to revoke the PZD and rezone the property if the
owners did not initiate a rezoning. On April 7, 2010 the City Planning Division sent an official PZD revocation letter
to the property owner via certified mail notifying them that the City Planning Division was proposing to revoke the
PZD and rezone the property to R-A, Residential Agricultural,
DISCUSSION
On May 9, 2011 the Planning Commission forwarded this item to the City Council with a recommendation for
approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REVOKING R-PZD 05-1635 (FALLING
WATERS) AND REZONING THAT PROPERTY DESCRIBED
IN REZONING PETITION RZN 11-3805, FOR
APPROXIMATELY 136.70 ACRES, LOCATED EAST OF
DEAD HORSE MOUNTAIN ROAD, FROM R-PZD,
RESIDENTIAL PLANNED ZONING DISTRICT 05-1635, TO R-
A, RESIDENTIAL AGRICULTURAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That R-PZD 05-1635 (Falling Waters) 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 05-
1635 to R-A, Residential Agricultural, 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 1 above.
PASSED and APPROVED this day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN11-3805 FALLING WATERS
Close Up View
..............
SONOMA FADS ST
- - - .(SOFF.FARMRO. - - �.
104y, BLACK CANYON ST
'J
P.,
�N O
0
W
F a
TROON OR
0
SUBJECT PROPERTYOAKMONTOR
1 Y,.
i
R
•O
�•., NP2P
.1
Legend - -
RZN11-3805
......... Muti-Use Trail(Existing)
Future Trails
0 Footprints 2010
- Hillside-Hilltop O erlay District
Design Overlay District
Design Overlay 0 Istrict
------ Planning Area
0 450 900 1,800 2,]00 3,600
Fayetteville Fee,
EXHIBIT `B"
RZN 11-3805
A PART OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT A POINT WHICH IS S02°29'13"W 354.52' FROM THE
NORTHEAST CORNER OF SAID SECTION 25 AND RUNNING THENCE S02029'13"W
ALONG THE EAST LINE OF SAID SECTION 25, 2272.20' TO THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, THENCE S02°46'19"W
ALONG THE EAST LINE OF SAID SECTION 25, 1985.66', THENCE LEAVING SAID
EAST LINE N87028'15"W 1331.05', THENCE NO2°43'19"E 661.13' TO THE NORTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 25, THENCE NO2-43'1 9"E 661.12', THENCE N87°30'44"W 1322.72' TO THE
CENTERLINE OF DEAD HORSE MOUNTAIN ROAD, THENCE ALONG SAID ROAD
CENTERLINE N01 021'03"E 147.71',NO2°10'27"W 113.47',N12-37'57"W 70.78',
N26023'56"W 183.58',N40°16'50"W 110.50', THENCE LEAVING SAID ROAD
CENTERLINE S87009'05"E 339.76', THENCE S55°59'34"E 68.39', THENCE S78°35'33"E
64.66', THENCE N68°26'18"E 50.69', THENCE N40°49'47"E 119.42', THENCE N67°48'02"E
111.83', THENCE N46°30'37"E 129.81', THENCE N63°19'19"E 81.77', THENCE N34°00'43"E
82.98', THENCEN41°59'59"E 127.02', THENCEN28°49'13"E 153.99', THENCE N31°14'42"E
104.87', THENCE N22°20'43"E 149.96', THENCE N23°52'34"E 226.37', THENCE
N17026'58"E 85.55', THENCE N36°21'17"E 103.73', THENCE S66°57'06"E 223.03', THENCE
N84019'20"E 226.46', THENCE N55°07'03"E 80.92', THENCE N66°06'39"E 126.81', THENCE
N54014'44"E 137.60', THENCEN59°50'18"E 212.34', THENCEN73°17'36"E 182.83',
THENCE N05055'44"W 74.86', THENCE N61°42'53"W 143.18', THENCE N54°57'40"E
216.60', THENCE N62°50'36"E 152.12', THENCE N34°36'21"E 95.96', THENCE
N06059'40"W 119.49', THENCE N42°44'46"E 440.66TO THE POINT OF BEGINNING.
CONTAINING 136.70 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN ROAD
RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND
EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Ta
ye evi Ie
AAKANSAS PC Meeting of May 9, 2011
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: Undated May 11, 2011
RZN 11-3805: Rezone (FALLING WATERS, 685): Submitted by CITY OF FAYETTEVILLE
PLANNING DIVISION for property located EAST OF DEAD HORSE MOUNTAIN ROAD.The
property is zoned R-PZD,RESIDENTIAL PLANNED ZONING DISTRICT 05-1635 and contains
approximately 136.70 acres. The request is to revoke the PZD pursuant to 166.06(C)and rezone the
subject property to R-A, RESIDENTIAL AGRICULTURAL. Planner:Andrew Gamer
BACKGROUND:
Property Description: The subject property consists of approximately 137 acres located south of
Stonebridge Meadows Golf Course and east of Dead Horse Mountain Road. The south, east and
western limits of the subject property extend to the city limits. The property is an undeveloped,
heavily tree canopied hillside with frontage on Dead Horse Mountain Road.It is currently zoned R-
PZD 05-1635, Falling Waters. The property is located within the Hillside Hilltop Overlay District
(HHOD). Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Zoning and Land Use
Direction Land Use Zoning
North Stonebridge Meadows Golf Course R-A
South Undeveloped; woods Planning Area
East Undeveloped; pasture;woods Planning Area
West Undeveloped; rural residential; Stonebridge RSF-4; R-A; Planning Area
Meadows Golf Course
History: On November 15,2005 the City Council approved the Falling Waters Residential Planned
Zoning District on the subject property(R-PZD 05-1635).The property was originally zoned R-A,
Residential Agricultural.The R-PZD zoning permitted a total of 258 single family lots with a density
of approximately two units per acre. Construction permits for the project were never obtained and the
R-PZD approval has expired.
PZD Revocation: 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 City Planning Division has initiated the PZD revocation process
GrIETCIDevelopmenl Services RevieM201II1)evelopment Reviewlll-3805 RZNEast of Dead Horse Mowdain Rd(Fallingwaters)W3 Planning
Commission105-09-10111Catmnents and Redlines
following the requirements Fayetteville Unified Development Code Chapter 166.06(C). An initial
letter was sent to the property owners on October 21, 2010 notifying them of the expired PZD,
discussing options for establishing a valid zoning district, and the intent of the City to revoke the
PZD and rezone the property if the owners did not initiate a rezoning. On April 7, 2010 the City
Planning Division sent an official PZD revocation letter to the property owner via certified mail
notifying them that the City Planning Division was proposing to revoke the PZD and rezone the
property to R-A,Residential Agricultural.The section of the Fayetteville Unified Development Code
covering PZD revocation and copies of letters sent to the property owners are attached to this report.
Proposal: The City Planning Division proposes to rezone the approximately 137-acre property from
R-PZD 05-1635 Falling Waters to R-A, Residential Agricultural.
Public Comment: Staff has not received public comment on this particular request.
RECOMMENDATION:
Staff recommends forwarding RZN 11-3805 (Falling Waters) to the City Council with a
recommendation for approval based on the findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: May 9,2011 ❑ Tabled X Forwarded ❑ Denied
Motion: Kennedy Second: Chesser Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date:
L--
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as Residential Neighborhood Area.Residential Neighborhood Areas are almost
exclusively residential in nature with conventional setbacks. This designation may have large blocks
and irregular roads to accommodate natural conditions.
A primary guidingpolicy ofResidential Neighborhood Areas is to, "Site new residential areas accessible
to roadways, alternative transportation nodes, community amenities, schools, infrastructure, and retail
and commercial goods and services. "Due to a lack of adequate public infrastructure and retail goods
and services in this area staff recommends a low density zoning designation of R-A, Residential
G:IETCIDevelopment Services Review1201I Development Reviewl11-3805 RZN East of Dead Horse Mountain Rd(Fallingwalers)103 Planning
Commission05-09-10111Comments and Redlines
Agricultural.At some point in the future when there is adequate infrastructure and services in this area
this property maybe suitable for a more dense zoning and residential development, but not at this time.
INFRASTRUCTURE:
Streets: The site has access to Dead Horse Mountain Road, a Minor Arterial. Dead Horse
Mountain Road is currently an unimproved, primarily chip and seal, two-lane road
that intersects Black Oak Road to the south(also an unimproved two-lane road) and
Huntsville Road to the north.
Water: Public water is adjacent to the site. There is a 6-inch main along Dead Horse
Mountain Road. Water service will need to be extended within the property at the
time of development. Additional connections may be required to complete a looped
system.
Sewer: The site does not have access to sanitary sewer. There is an 8-inch sewer system
in the development to the north. Portions of this site may require a lift station for
sewer service when it develops. Sewer service will need to be extended within the
property at the time of development. A study of the downstream sewer system
would be needed at the time of development.
Drainage: The site is mostly on a hillside of mostly areas that contain 15% or greater slopes.
Runoff from the site flows overland to the west to an existing swale and then north to
a tributary of the West Fork of the White River.
Police: Staff did not receive objections from the Police Department to this rezoning.
Fire: Staff did not receive objections from the Fire Department to this rezoning.
FINDINGS OF THE STAFF
1. 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: Staff finds that the R-A zoning district is consistent with the Future Land Use
designation of Residential Area on the property and the existing and
surrounding natural features, land uses and infrastructure. This site is on the
periphery of the City and the surrounding land uses and zonings are
predominantly undeveloped and rural residential. The property is steep,
wooded, and is not conducive to development under a standard lot-and-block
single family zoning district. The proposed R-A zoning would be compatible
with the surrounding large undeveloped parcels,rural residential,agricultural,
and golf course uses. The proposed zoning would also be compatible with the
surrounding R-A and RSF-4 zoning in the City and Washington County
G_IETCIDevelopment Services Review1201111)evelapnenl Reviewl11-3805 R%N Eaci of Dead/Horse Mountain Rd(Palhngwale)s)103 Planning
Cmmni.rs7on105-09-20111Canmenis and Redlines
Agricultural/Single Family Residential 1 unit per acre zoning. This rezoning
would be consistent with the existing rural character of this area of southeast
Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is needed at this time as the existing R-PZD zoning has
expired and the property is unable to developed in any manner, including minor
applications such as a lot split or single family residence, until the expired PZD
zoning is revoked and a new zoning district is assigned. As discussed in Finding
No. 1, the proposed zoning is justified as it is compatible with the surrounding
zoning and land uses and consistent with the City's Future Land Use Plan.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed rezone would not increase traffic congestion as the property
would be reverting back to the R-A zoning that was in place prior to the Falling
Waters R-PZD. The R-A zoning is a low density zoning that would not result in
large volumes of traffic as the maximum density is one dwelling unit per two
acres.
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: Increased load on public services were taken into consideration and
recommendations from the Engineering, Fire, and Police Departments and are
included in this report. The proposed zoning change to R-A should have no
discernable impact on public services.
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: Not applicable. Staff recommends in favor of the request.
G:IETCIDevelopmenl Services Review1201 I IDevelopment ReviewO l-3805 RZN Easl of Dead Horse Mountain Rd (Fallingwaters)103 Planning
Commission105-09-10111Commenls and Redlines
Existing Zoning Criteria
R-PZD 05-1635 Falling Waters
(A) Proposed Uses.
Lots 1-257
Unit 1
City-wide uses by ri t
Unit 2
City-wide uses by conditional use permit
Unit 8
Single-family dwelling
Unit 24
Home occupations
(B) Density.
For entire Subdivision
Units per acre 1 258 units/136.7 acres = 1.89 units/acre
*The mmnerty is currently zoned R-A.
(C) Bulk and area regulations.
Single-family dwellings (all residential lots)
Lot minimum width
70'
Lot area minimum
8,000 square feet
Land area per dwelling unit
Varies. Only one dwelling unit per lot permitted.
*The lots with the minimum width are located on the proposed cul-de-sacs.
(E) Setback requirements.
Front Building Setbacks: Range from 15' to 25', as denoted on the plat.
Rear Building Setback: 25' for all lots.
Side Building Setback: 15' for all lots.
(F) Height. Dwelling —Maximum 3 stories with aminimum 10-12pitch roofwithmodificationstobeapproved by
the Developer or Committee (per Covenants).
Accessory structure — 12'
(G) Building area. 8,000 square feet maximum per lot
G: IETCIDevelopmenl Services Rev2ew120111Developnrenl RevievV 1-3805 RM Easl ofDead Horse Mounlain Rd (Fallingwaters)103 Planning
Commissianl05-09-201 t IComnienls and Redlines
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas;
obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve
the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utili facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occu ations
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units i3er acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwellinQ unit
2 acres
G) Setback requirements.
Front Side Rear
11 35 ft. 20 ft. 35 fL
(F) Height requirements. There shall be no maximum height ]in its in the A-1 District, provided, however, that any
building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a
distance of 1.0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required
setback lines.
(G) Building area. None.
(Code 1965, App. A., Art, 5(1), Ord. No 1747, 6-29-70; Code 1991, § 160.030; Ord. No. 4I00, §2 (Ex. A), 6-16-98; Ord. No.4178, 8-31-99; Ord. 5028,
6-19-07; Ord 5128, 4-15-08; Ord, 5195, 11-6-08; Ord, 5238, 5-5-09)
G.-IETCIDevelopment Services Review120111 Development Reviewll 1-3805 RZN East of Dead Horse Mountain Rd (Fallingwaters)103 Planning
Commissionn5-09-20111Comments and Redlines
166.06 Planned Zoning District (PZD)
(L) Revocation.
(1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council
that any PZD approval be revoked and all building or occupancy permits be voided under the following
circumstances:
(a) Building permit. If no building permit has been issued within the time allowed.
(b) Phased development schedule. If the applicant does not adhere to the phased master development plan
schedule as stated in the approved development plan.
(c) Open space and recreational facilities. If the construction and provision of all common open spaces
and public and recreational facilities which are shown on the final plan are proceeding at a substantially
slower rate than other project components.
Planning staff may report the status of each ongoing PZD at the first regular meeting of each quarter, so
that the Planning Commission is able to compare the actual development accomplished with the approved
development schedule. If the Planning Commission finds that the rate of construction of dwelling units or
other commercial or industrial structures is substantially greater than the rate at which common open spaces
and public recreational facilities have been constructed and provided, then the Planning Commission may
initiate revocation action or cease to approve any additional final plans if preceding phases have not been
finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy
permits, or revoke those previously issued.
(2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or
authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission
to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission
recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a
PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public
zoning record duly noted.
(3) Effect. In the event of revocation, any completed portions of the development or those portions for which
building permits have been issued shall be treated to be a whole and effective development. After causes for
revocation or enforcement have been corrected, the City Council shall expunge such record as established above
and shall authorize continued issuance of building permits.
G: ILTCIDevelopment Services Review1201 I IDevelopment Review111-3805 RIN Last of Dead Horse Mountain Rd (Pallingwalers)103 Planning
Go]YllnissionIO5-09-20111Comments and Redlines
THE CITY OF FAYETTEVILLE, ARKANSAS
DEVELOPMENT SERVICES DEPARTMENT
125 West Mountain
Fayetteville, AR 72701
7 April 2011
Falling Waters LLC VIA: CERTIFIED MAIL
P.O. Box 4034
Fayetteville, Arkansas 72703
Mike D. Lamberth
Falling Waters LLC
3538 North Highway 112
Fayetteville, Arkansas 72703
Goff, DC Revocable Trust
P.O. Box 1465
Fayetteville 72702
Re: Re -zoning of the Expired Falling Waters Planned Zoning District Project
Dear Property Owner:
The Assessor of Washington County, Arkansas lists you as an owner for the subject property that is zoned by the City of
Fayetteville as a Planned Zoning District (PZD). This letter notifies you that the subject PZD approval has expired. In
accordance with Fayetteville Unified Development Code Section 166.06(L) the City has cause to revoke this PZD as
development permits have not been obtained in accordance with the approved phased development schedule. Therefore,
the City Development Services Department has initiated revocation of the expired PZD zoning on your property. As part
of this action staff will recommend the City Council assign the property the zoning district of R-A, Residential
Agricultural. This proposal to revoke the PZD and rezone your property will be first heard at a public meeting of the
Planning Commission on May 9, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West
Mountain Street, Fayetteville, Arkansas 72701. You are welcome to speak at that meeting and/or provide written or verbal
comment to City staff prior to the meeting.
Please contact our office at 479.444.3443 to set up a meeting with one of our City Planners, or you may email us at
development_services@ci.fayetteville.ar. us.
Best Regards,
Andrew Garner
Senior Planner
AMG
Telecommunications Device forthe Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
21 October 2010
Falling Waters, LLC
PO BOX 4034
Fayetteville, AR 72702
Re: Re -zoning of the Expired Falling Waters Planned Zoning District Project
Dear Falling Waters Development:
THE CITY OF FAYETTEVILLE, ARKANSAS
DEVELOPMENT SERVICES DEPARTMENT
12S West Mountain
VIA: CERTIFIED MAIL
The Assessor of Washington County, Arkansas lists you as the owner for the subject property that is zoned by the City of
Fayetteville as a Planned Zoning District (PZD). This letter notifies you that the subject PZD approval has expired or will
expire by the end of the year 2010. An expired PZD zoning does not permit subdivision or development until a different
zoning district is assigned to that property. There are three basic options to remove the expired PZD zoning and obtain a
valid zoning:
1. The property owner may initiate a re -zoning request;
2. The property owner may initiate a repeal of the PZD within three (3) years of the PZD approval`; or
3. The City may initiate revocation of the PZD after the project has expire&.
Unless we receive a request from you by the end of 2010, in 2011 the City Development Services Department will initiate
revocation of the expired PZD zoning on your property. As part of this action staff will recommend the City Council
assign a valid zoning district to the property consistent with the Comprehensive Land Use Plan of the City (City Plan
2025). Please evaluate the options for your property and respond to this letter by the end of the year 2010 to discuss a new
zoning for your property. Whichever of the above options you choose to pursue, we will be happy to work with you.
Please contact our office at 479.444.3443 to set up a meeting with one of our City Planners, or you may email us at
development—services@ci.fayetteville.ar.us.
Best Regards,
Jeremy C. Pate
Development Services Director
AMG
I Pursuant to Fayetteville UDC Section 166.06(C)(7)
'Pursuant to Fayetteville UDC 166.06(L)
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NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
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212 NORTH EAST AVENUE, FAYETTEVIUE, ARKANSAS 72701 1 P.O. BOX 1607. 72702 1479-442-17001 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance #5415
Was inserted in the Regular Editions on:
July 7, 2011
Publication Charges: $ 64.85
Cathy Wiles
Subscribed and swom to before me
This a day of 15 ,w� , 2011.
1"f �WUW�
Notary Mblic
My Commission Expires: ILU4
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Please do not pay from Affidavit. Invoice will be sent.
RECEIVED
JUL 14 2011
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE