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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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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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