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HomeMy WebLinkAboutORDINANCE 5882•':°, Sri„ �� i ' Doc ID: 017054200005 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09: 19:34 AM Fee Amt : $35.00 Page 1 of 5 Washington County, AR Kyle SVlvester Circuit Clerk File2016-00026312 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5882 File Number: 2016-0248 FALLING WATERS APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5385 FOR APPROXIMATELY 35.31 ACRES ON DEAD HORSE MOUNTAIN ROAD FROM R-A, RESIDENTIAL AGRICULTURE TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE LIMITING DEVELOPMENT TO 51 HOMES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agriculture to RSF-2, Residential Single Family, 2 units per acre subject to the Bill of Assurance limiting the number of homes to 51. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the of;jIV) zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. � �i. Tf?F !r ` PASSED and APPROVED on 6/21/2016 V13: Attest: ,,,�� rJ1$ Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 6122116 16-5385 EXHIBIT 'Al 16-5385 EXHIBIT'B' FALLING WATERS REZONINING LEGAL DESCRIPTION: A part of the NE1/4 of Section 25, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said Section 25, thence S02032'04"W 376.66 feet to the POINT OF BEGINNING; thence S02032'04"W 727.54 feet, thence N87027'56"W 20.00 feet, thence S02032'04"W 108.23 feet, thence along a curve to the right 80.77 feet, said curve having a radius of 171.50 feet and a chord bearing and distance of S16°01'36"W 80.03 feet, thence S29°31'08"W 281.04 feet, thence along a curve to the right 240.07 feet, said curve having a radius of 371.50 feet and a chord bearing and distance of S48001'53"W 235.91 feet, thence S66032'39"W 762.53 feet, thence along a curve to the right 41.65 feet, said curve having a radius of 171.50 feet and a chord bearing and distance of S73030'05"W 41.55 feet, thence S80027'32"W 167.81 feet, thence along a curve to the left 127.89 feet, said curve having a radius of 128.50 feet and a chord bearing and distance of S51 °56'51 "W 122.67 feet, thence S23026'09"W 154.23 feet, thence along a curve to the right 78.75 feet, said curve having a radius of 371.50 feet and a chord bearing and distance of S29030'32"W 78.61 feet, thence S35034'56"W 410.77 feet, thence N54025'04"W 262.27 feet, thence S63°29'25"W 87.30 feet, thence along a curve to the left 82.15 feet, said curve having a radius of 128.53 feet and a chord bearing and distance of S45010'45"W 80.76 feet, thence S26051'51 "W 106.95 feet, thence S66044' 11 "E 50.10 feet, thence S26051'51 "W 333.05 feet, thence S02031'02"W 184.33 feet, thence N87028'58"W 543.25 feet, thence N02008'59"E 78.37 feet, thence S87030'44"E 274.66 feet, thence along a curve to the left 76.87 feet, said curve having a radius of 100.00 feet and a chord bearing and distance of N70°27'57"E 74.99 feet, thence N48026'39"E 38.91 feet, thence N31 °54'00"W 71.49 feet, thence N08022'00"W 335.71 feet, thence S78020'01 "E 2.44 feet, thence N68041'50"E 50.69 feet, thence N41 °05'19"E 119.42 feet, thence N68018'59"E 111.78 feet, thence N46046'09"E 129.81 feet, thence N63034'51"E 81.77 feet, thence N34016'1YE 82.98 feet, thence N42015'31"E 127.02 feet, thence N29004'45"E 153.99 feet, thence N31 °30'14"E 104.87 feet, thence N22036'1YE 149.96 feet, thence N24008'06"E 226.37 feet, thence N17°42'30"E 85.55 feet, thence N36036'49"E 103.73 feet, thence S66041'34"E 223.03 feet, thence N84034'52"E 226.46 feet, thence N55022'35"E 80.92 feet, thence N66022'1 VE 126.81 feet, thence N54030'16"E 137.60 feet, thence N60005'50"E 212.34 feet, thence N73033'08"E 182.83 feet, thence N05040'12"W 74.86 feet, thence N61 °27'21 "W 143.18 feet, thence N55013'12"E 216.60 feet, thence N63006'08"E 152.12 feet, thence N34051'53"E 95.96 feet, thence N06044'08"W 119.49 feet, thence N43000'18"E 424.96 feet to the POINT OF BEGINNING: Containing 35.31 acres more or less subject to easements and right of way of record. 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 Falling Waters, LLC, 35.31 acres, (hereinafter "Petitioner") Falling Waters, 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 to RSF-2. 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 Petitioner's property shall be limited to: 51 lots within the rezoned acreage. 2. All construction traffic shall access this 35.31 acre Falling Waters from the entry point at Dead Horse Mountain Road. 3. Every house built on this 35.31 acre Falling Waters property shall have two rain barrels and any downspout not connected to a rain barrel shall be equipped with pop-up emitter/diffuser for the elimination of concentrated discharge from impervious rooftop surfaces. Further, Petitioner will make reasonable efforts to incorporate low -impact development features such as bio-retention, bio-swales, rain gardens, vegetated swales, extended detention, level spreaders, and infiltration devices where practical. 4. 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, Falling Waters, LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date �05/Cj Adcli-ess STATE OF ARKANSAS COUNTY OF WASHINGTON Falling Waters, LLC fiW7 Managing Me her of Carlton Holdings, LLC, whicbA a member of Falling Water, LLC NOTARY OATH And now on this the _ __ day of _S C'k ,.2 �. , 2016, appeared before me, .�c c I t , a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARY PUBLIC My Commission Expires: OFFICIAL SEAL -NO. 123661346 JAKE C. HELTON NOTARY PUBLIC - ARKANSAS WASHINGTON COUNTY MYCOMMISSION EXPIRES: 10-10-19 Washington County, AR I certify this instrument was filed on 09/09/2016 09:19:34 AM and recorded ' e I Estate File Numbe(2016-0 02631.2 Kyle Sylvesk - ui rk by 113WestMountainStreet City of Fayetteville, Arkansas Fayetteville, AR 72701 (479) 575-8323 Text File -- File Number: 2016-0248 Agenda Date: 6/21/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 FALLING WATERS APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5385 FOR APPROXIMATELY 35.31 ACRES ON DEAD HORSE MOUNTAIN ROAD FROM R-A, RESIDENTIAL AGRICULTURE TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE LIMITING DEVELOPMENT TO 51 HOMES 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agriculture to RSF-2, Residential Single Family, 2 units per acre subject to the Bill of Assurance limiting the number of homes to 51. 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. City of Fayetteville, Arkansas Page 1 Printed on 6/22/2016 Clay Carlton Falling Waters, LLC 2826 Joyce Blvd. Fayetteville, AR 72703 May 4, 2016 City of Fayetteville Attention: Sondra Smith, City Clerk Re: Appeal of the Planning Commission denial of the Falling Waters rezoning request RECEIVED MAY 0 4 Z016 CYCLRFFCCTEKS OIE I am writing this letter to appeal to the City Council over the Planning Commission's denial of a rezoning request for Falling Waters at the April 251h Planning Commission meeting. While I understand the staff and Planning Commission's decision, I believe that there are other factors involved that the City Council is able to take into consideration; whereas the Planning Commission is limited to adopted future land use plans only. The property that we are requesting to be rezoned from R-A to RSF-2 consists of 35.31 acres, borders the Stonebridge Meadows Subdivision at the end of Pumpkin Ridge Road on the north side, and is accessed from Dead Horse Mountain Road on the west side. Along with our request, we have provided a Bill of Assurance that guarantees a maximum of only 51 single-family homes to be allowed. This equates to 1.44 homes per acre. For comparison of compatibility with surrounding properties, the bordering properties to the north (Stonebridge Meadows) and northwest are both zoned RSF-4, as you can see on the attached map. The northwest bordering property is currently being designed for a 130 home development at a density of 2.5 homes per acre. Additionally, only 3,500 feet to the north there is a property zoned Neighborhood Conservation allowing for a density of 10 units per acre. All utilities necessary to service the development are already on -site or stubbed -out to the property, and neither the Fire Department, nor the Police Departments had any objections to this rezoning request. With the property's close proximity to the Fayetteville square, the future residents of this development will most certainly provide an economic benefit to the businesses located downtown and in the entertainment district. As you can see on the Google Maps exhibit, the property is a 4.4 mile/10 minute drive to the Fayetteville Square. By comparison, the new Sloanbrooke residential development in west Fayetteville is a 5.0 mile/14 minute drive. The proposed neighborhood on the Razorback Golf Course is a 4.7 mile/14 minute drive. And the highly desirable Savannah neighborhood in east Fayetteville is a 4.8 mile/12 minute drive. These existing or already approved developments are further from downtown Fayetteville, yet not considered Urban Sprawl by the City Planners. We believe our proposed project's nearness to historic central Fayetteville, in comparison to these and other residential developments, shows that Falling Waters should not be considered Urban Sprawl either. As some of the City Council members may recall, a portion of this property was brought before the Council for a rezoning request approximately one year ago. We have revised this request based on feedback received from neighbors and Council members. As you can see on the proposed preliminary plat, we have extended the road connection from Pumpkin Ridge Road through to Dead Horse Mountain Road. We have also added a Bill of Assurance requiring all construction traffic to access Falling Waters from the entry point at Dead Horse Mountain Road rather than through the existing Stone Bridge Meadows subdivision. Another exciting improvement to this request will utilize the natural characteristics of the land to design and build a uniquely planned neighborhood. For example, as you see on the proposed plat, we are planning to only construct homes on one side of the street (the downhill side) rather than a typical subdivision layout with homes fronting both sides. By doing this, all homes in this development will have back -yard views of downtown Fayetteville and the University. And because the uphill lots are all at least 200 feet deep, it will allow the preservation of a large green belt of mature trees along the back of those lots. While adhering to the Hillside Overlay District policies, Falling Waters will additionally have Protective Covenants in place that will be more stringent than the HOD, limiting tree removal outside of the building footprint. Lastly you will notice that in most cases the lots have been staggered so that the homes on the upper street will be positioned primarily to create view corridors between the two lower lots rather than directly into the roofs of those homes. To illustrate this you will notice that Lot 49 will have primary views between Lots 7 & 8, Lot 48 will have views between Lots 8 & 9, Lot 47 will have views between Lots 9 & 10, and so on. The main reason for this appeal request, though, has more to do with the history of this property and area. In 2005 this property was and still is part of a larger 137 acre piece of land. The City Council approved a PZD for the entire 137 acres allowing for 258, half -acre +/- lots. In fact, it was approved unanimously through all three readings taking place in one night. At that time the area did not have adequate water and sewer infrastructure so our company partnered with 3 other groups to extend both services from the industrial park. This required boring under the White River and then installing approximately 6,300 feet of water and sewer line to service our properties and allow for future growth in this area. The project was completed and the improvements were turned over to the City. The total cost of the project was $2.5 million and my company's share in that cost was approximately $850,000. We considered this investment to be worthwhile, as we needed water and sewer services on the property to develop it according to our approved zoning. Our company then began developing the first Phase of the property by clearing for the street right of ways, but paused development when the economy began to turn downward. Had we not stopped, this property would have become another of the completed but empty subdivisions around Northwest Arkansas that resulted during that time. As we waited for the economy to rebound our PZD zoning expired and the property was rezoned Residential Agriculture, changing from 2 homes/acre to 0.5 homes/acre. Due to the initial land cost, added cost to "carry' the land for the last 11 years, and the cost of extending utilities to the property, developing the property with 1 home to every 2 acres is financially unfeasible. While the financial implications are a hardship to our company and not to the City, the financial hardship accrued by the current zoning is impossible for us to absorb. Eleven years ago our development was hailed as a great addition to Fayetteville by our City staff and leaders, and we are hopeful today that our current City leaders will view it the same way. This rezoning request is for only a small portion of the entire property, as we are open-mindedly taking into account the opinions of City staff and the nearby residents to be more conservative. Pending the success of this first phase we may end up developing larger lots on other sections of the property in the future. Buffington Homes has valued our successful partnership with the City of Fayetteville for more than eleven years now. We have developed and are currently developing and building in numerous areas of the City, and we hope for this proposed development to be another beneficial partnership. Thank you for your consideration of this appeal request. If you have any questions please feel free to reach out to me at the information below. Sincerely, Clay Carlton Owner, Buffington Homes 479-283-3843 claycarlton@buffingtonhomesar.com 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 Falling Waters, LLC, 35.31 acres, (hereinafter "Petitioner") Falling Waters, 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 to RSF-2. 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 Petitioner's property shall be limited to: 51 lots within the rezoned acreage. 2. All construction traffic shall access this 35.31 acre Falling Waters from the entry point at Dead Horse mountain Road. 3. 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 onany 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, Falling Waters, LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Falling Waters, LLC Date Managing Member of Carlton Holdings, LLC, which is a member of Falling Water, LLC Address NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And now n this the iV day of W114)( , 2016, appeared before me, A� � _ 11" T , a Notary Public, and after being laced upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: NOTARY PUBLIC C9FFICIAL SEAL - NO, 12368346 JAKE C. HELTON NOTARY PUBLIC -ARKANSAS WASHINGTON COUNTY MY COMMISSION EXPIRES; 10-10-18 BUFFINGTON HOMES OF ARKANSAS Details Make The Difference B A Qom f 3 Vg'LZL M.PO,ZC.ZOS L42 I Ul Q G-) m 0 m M L Ln Sn a r / / r Y� V cr 1 / . RSF-7 RSF-1 4: �I \ I � I I • �I ` I RSF-4 I I 1 1 I d d t RSF-4 I' r STOf�1fBAIDGf MEADOWS I GOLF COURSE RSF-4 I 1 PROPOSED rFtSF� '/ r I' � r ✓ � ✓ / r r � � .r r � � r r r r r r1 t t r r t rICYf: f r r .rRAr r ! / ✓ / / / � r r r f r' t t r r r r : -T 7f J �,. ,� / r r t r" t r r r / ✓ ✓ r r /! ,' ;1 v1 � r..=...:a•,r, Nrr.�..r ' y ♦Lr_wrl srr ` `I•y'. r.; ;• �6G` � a«w i r � Y ar+Vr;M� �I sT �1. - F.rw Fn � • -n.1 ! c. � +k i F,N4MsJT •r�,.. ,. t ..,F, Apt •13 3s �y � � y � gg w yNlla: rwpr'r R; � � � f NAtCmaf A.e .. r wyx. . �• � y kk F y Fa Nk-�. s NL.�1wn `'� 'n �• ,r' .- M} � f+r.wn'4 •3 S3 � YSbw4 3 ✓ �. �' l�.flw ii .h;ry ., W II O � r ri .w� . �, ��n, N - D IN Nwans 4,e r ' ID a.. ��x £ • r S - j3 3 ni �� � J ��Q O iy. G NApy_yr a • _ r D , OCr' 7 F . Z Zt -axaFN F Ns. utl1-4nS 09 5 F $ F41 0 4 wr IFa tre i _ elrcr A.e MA _ 6 • am An .. eCo&Qe An S Wazm�;t.,AR r=-� Nam'"M F i �• � � � 4J0 jl ..lafA.ad li y. � 1 p 11 yr .wd`r°�a o 3 it ro• � � - § N � d z 8 e .0 v Nay City of Fayetteville Staff Review Form 2016-0248 Legistar File ID 5/17/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item City Planning / Jeremy Pate 5/6/2016 Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: RZN 16-5385: Rezone (SOUTH OF PUMPKIN RIDGE DR./FALLING WATERS, 646): Submitted byJORGENSEN & ASSOCIATES, INC. for properties SOUTH OF PUMPKIN RIDGE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 35.31 acres. The request is to rezone the property to RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, subject to a Bill of Assurance. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Tay%4-11e CITY COUNCIL AGENDA MEMO KANSAS MEETING OF MAY 17, 2016 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner DATE: May 6, 2016 SUBJECT: RZN 16-5385: Rezone (SOUTH OF PUMPKIN RIDGE DR./FALLING WATERS, 646): Submitted by JORGENSEN & ASSOCIATES, INC. for properties SOUTH OF PUMPKIN RIDGE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 35.31 acres. The request is to rezone the property to RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, subject to a Bill of Assurance. Planner: Quin Thompson RECOMMENDATION: The Planning Commission and staff recommend denial of an ordinance to rezone the property to RSF-2, Residential Single -Family, subject to a Bill of Assurance, as shown in the attached Exhibit 'A' , 'B' and 'C'. The applicant has appealed the Planning Commission's decision to the City Council. The City Planning Division recommends denial of the request. BACKGROUND: The subject property is located south of Stonebridge Meadows Subdivision and golf course, approximately 400 feet south of Pumpkin Ridge Drive. With the exception of areas of linear clearing, the site is heavily wooded with much of the property located within the Hillside/Hilltop Overlay District. The property was previously zoned for a Residential Planned Zoning District, Falling Waters. The project was approved in 2005 for the development of 258 residential lots with a density of approximately 2 units per acre over 137 acres. The property was never developed and the development rights expired. City staff brought forward several rezoning requests in 2011 to address many of the expired PZD developments, including the expired Falling Waters project. Staff recommended and the Planning Commission and City Council approved rezoning the property to R-A, Residential Agricultural. In 2015, the property owner requested to rezone approximately 17.4 acres of the site from R-A, Residential Agricultural to RSF-2, Residential Single-family, 2 units per acre. The Planning Commission denied the request. The applicant appealed the decision to City Council, where the rezoning was denied. Request: The applicant is once again requesting to rezone the property to RSF-2, subject to a Bill of Assurance. The Bill of Assurance would limit development of the property to 51 single family lots. Mailing Address: 113 W. Mountain Street www.fayetteville-argov Fayetteville, AR 72701 Land Use compatibility: The proposed rezoning is not consistent with land use planning objectives, policies or land use plans. The property is located at the edge of the City and with the exception of the Stonebridge Meadows neighborhood 400 feet to the north, the property is surrounded by large agricultural and forested properties. In staffs opinion, introducing more suburban development in this area is incompatible with the prevailing land use in the area. Land Use plan analysis: Further, this area of the City is designated as a Rural Residential Area, which are classified in order to preserve woodlands and agricultural lands. Rezoning the property to RSF-2 would allow suburban densities along a wooded hillside that is now envisioned to remain rural. This rezoning is in opposition to the City's adopted land use policies and planning objectives. DISCUSSION: On April 25, 2016 the Planning Commission denied the applicant's request for a rezoning to RSF-2 with a vote of 7-2-0. Commissioners Noble and Hoskins voted 'No'. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application • Planning Commission Staff Report 16-5385 EXHIBIT 'A' RZN 16-5385 FALLING WATERS Close Up View V �1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 DYAD HORSE I MOUNTAIN RD - - - - - - - - - - 1 i I 1 I f 1 f 1 1 1 1 I 1 1 (Legend I I RZN16-5385 - - - Fayetteville City Lil ,fits Footprints 2010 _ _ ! Design Overlay Di_irict 0 250 500 1,000 1,500 2,000 ---- Planning Area Feet �y PUMPKIN RIDGE DR 16-5385 EXHIBIT'B' FALLING WATERS REZONINING LEGAL DESCRIPTION: A part of the NE1/4 of Section 25, T16N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said Section 25, thence S02032'04"W 376.66 feet to the POINT OF BEGINNING; thence S02°32'04"W 727.54 feet, thence N87027'56"W 20.00 feet, thence S02032'04"W 108.23 feet, thence along a curve to the right 80.77 feet, said curve having a radius of 171.50 feet and a chord bearing and distance of S16°01'36"W 80.03 feet, thence S29031'08"W 281.04 feet, thence along a curve to the right 240.07 feet, said curve having a radius of 371.50 feet and a chord bearing and distance of S48001'53"W 235.91 feet, thence S66032'39"W 762.53 feet, thence along a curve to the right 41.65 feet, said curve having a radius of 171.50 feet and a chord bearing and distance of S73°30'05"W 41.55 feet, thence S80027'32"W 167.81 feet, thence along a curve to the left 127.89 feet, said curve having a radius of 128.50 feet and a chord bearing and distance of S51 °56'51 "W 122.67 feet, thence S23026'09"W 154.23 feet, thence along a curve to the right 78.75 feet, said curve having a radius of 371.50 feet and a chord bearing and distance of S29030'32"W 78.61 feet, thence S35034'56"W 410.77 feet, thence N54025'04"W 262.27 feet, thence S63029'25"W 87.30 feet, thence along a curve to the left 82.15 feet, said curve having a radius of 128.53 feet and a chord bearing and distance of S45010'45"W 80.76 feet, thence S26051'51 "W 106.95 feet, thence S66044'11 "E 50.10 feet, thence S26051'51 "W 333.05 feet, thence S02031'02"W 184.33 feet, thence N87028'58"W 543.25 feet, thence NO2oO8'59"E 78.37 feet, thence S87030'44"E 274.66 feet, thence along a curve to the left 76.87 feet, said curve having a radius of 100.00 feet and a chord bearing and distance of N70027'57"E 74.99 feet, thence N48°26'39"E 38.91 feet, thence N31 °54'00"W 71.49 feet, thence N08022'00"W 335.71 feet, thence S78020'01 "E 2.44 feet, thence N68041'50"E 50.69 feet, thence N41 °05'19"E 119.42 feet, thence N68018'59"E 111.78 feet, thence N46°46'09"E 129.81 feet, thence N63034'51"E 81.77 feet, thence N34°16'15"E 82.98 feet, thence N42015'31"E 127.02 feet, thence N29004'45"E 153.99 feet, thence N31 °30'14"E 104.87 feet, thence N22036'1YE 149.96 feet, thence N24008'06"E 226.37 feet, thence N17°42'30"E 85.55 feet, thence N36036'49"E 103.73 feet, thence S66°41'34"E 223.03 feet, thence N84034'52"E 226.46 feet, thence N55022'35"E 80.92 feet, thence N66022'11 "E 126.81 feet, thence N54°30'16"E 137.60 feet, thence N60005'50"E 212.34 feet, thence N73033'08"E 182.83 feet, thence N05°40'12"W 74.86 feet, thence N61 °27'21 "W 143.18 feet, thence N55°13'12"E 216.60 feet, thence N63006'08"E 152.12 feet, thence N34051'53"E 95.96 feet, thence N06044'08"W 119.49 feet, thence N43°00'18"E 424.96 feet to the POINT OF BEGINNING: Containing 35.31 acres more or less subject to easements and right of way of record. ;16-5385� ;EXHIBIT 'C' BILL OF ASSURANCE FOR THE CITY OF FAYETTEVIL.LE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of Falling Waters, LLC, 35.31 acres, (hereinafter "Petitioner") Falling Waters, 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 Fayettcville 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 to RSF-2. 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 Petitioner's property shall be limited to: 50 lots within the rezoned acreage. 2. 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, Falling Waters, LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. l 4 Date Y 1f� �.�efr Address Falling Waters, LLC Managing Member of Carlton Holdings, LLC, which is a member of Falling Water, LLC NOTARY OATH STATE OF ARKANSAS } } .ss COUNTY OF WASHINGTON } And }►ow t this the -`l day of 2016, appeared before me, ,I— � " , a Notary Public, and after being placed upon his/her oath swore of affirmedLth9't h�/she agreed with the terms of the above Rill o'f' Assw-mice and signed his/her name above. My C nunission Expires: /5 �'0Z t3`PN PU Li — - cey: May A U7 aye pUhl J�'ion # {ytr4r COO n#V CITY OF F'AYETTEVILLE, ARY—N iSAS REZONING FOR STAFF USE ONLY FEE. $325.00 Date Application Submitted: Sign Fee: $5.00 Date Accepted as Complete: S-T-R: Case / Appeal Number: PP#: Public Hearing Date: Zone: Please fill out this form completely; supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Name: � t=\G IA-W'Vf 11 L—L—G .Address: FG- E-mail: Phone: r Fax: Site Address / Current Zoning District: 12-- —A Applicant �// Representative Representative (engineer, surveyor, realtor, etc.): Name: ENGINEERS & SURVEYORS NC. Address: 124 W. SUNBRID zE DRI tF �ql 11 E 5 FAYETTEVILLE, AR 72703 E-mail: I PSYr A g7j Phone: f l Fax: Requested Zoning District: .Assessor's Parcel Number(s) for subject property: —13z 6l .--lo-?cr _ ? + A r?40 FINANCI9L INTERESTS The following entities and / or people have financial interest in this project: :Llarch 2014 Page 1 APPLICANT /REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): %�� 3t le Date: PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjurythat I am/we are the owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach additional info if necessary): Name(printed): tl11,-Act' Gt(%k! �} I—L r Signature• ''�, �---����'y21�7" �' Date: Z13V Name (printed): Address: 'hone: Address: Signature: Phone: Date- / Rezoning Checklist: Attach the folloiving items- to this application; (1) Payment in of pplicable fees for processing the application: $32�.00 pplication fee $5.0 ublic notification sign fee (2) A le a] des ' tion of the property to be rezoned. A survey may be required if the prop'mt escription can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (w",-vv.co.washin ton.ar.us). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. March 2014 Page 2 CITY OF Tay 11. -T ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner -Aff �F_�nn6 UPDATED 4-26-2016 SUBJECT: RZN 16-5385: Rezone (SOUTH OF PUMPKIN RIDGE DR./FALLING WATERS, 646): Submitted by JORGENSEN & ASSOCIATES, INC. for properties SOUTH OF PUMPKIN RIDGE RD. The properties are zoned R- A, RESIDENTIAL AGRICULTURAL and contain approximately 35.31 acres. The request is to rezone the property to RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, subject to a Bill of Assurance. RECOMMENDATION: Staff recommends denial of RZN 16-5385. BACKGROUND: The subject property is located south of Stonebridge Meadows Subdivision and golf course, approximately 400 feet south of Pumpkin Ridge Drive. With the exception of areas of linear clearing, the site is heavily wooded with much of the property located within the Hillside/Hilltop Overlay District. The property was previously zoned for a Residential Planned Zoning District, Falling Waters. The project was approved in 2005 for the development of 258 residential lots with a density of approximately 2 units per acre over 137 acres. The property was never developed and the development rights expired. City staff brought forward several rezoning requests in 2011 to address many of the expired PZD developments, including the expired Falling Waters project. Staff recommended and the Planning Commission and City Council approved rezoning the property to R-A, Residential Agricultural. In 2015, the property owner requested to rezone approximately 17.4 acres of the site from R-A, Residential Agricultural to RSF-2, Residential Single-family, 2 units per acre. The Planning Commission denied the request. The applicant appealed the decision to City Council, where the rezoning was denied. Surrounding land use and zoning is depicted on Table 1. Table 1 : Surrounding Land Use and Zoning Direction- from Site _ Land Use Zoning North TGolf Course R-A, Residential Agricultural South Undeveloped R-A, Residential Agricultural East Undeveloped Washington County West Undeveloped R-A, Residential Agricultural Planning CoMmission Mailing Address: April 25, 2016 113 W. Mountain Street www.fayetteville-8,4Qe@Yda Item 9 Fayetteville, AR 72701 16-5385 Falling Waters Page 1 of 15 Request: The property owner is requesting to rezone the property from R-A, Residential Agricultural to RSF-2, Residential Single-family, 2 units per acre subject to a Bill of Assurance. The applicant's proposed Bill of Assurance would limit the subject area to a maximum of 51 single- family lots. The allowable density would be approximately 1.4 units per acre. Public Comment: Staff has not received public comment. INFRASTRUCTURE: Streets: The subject parcel has access to Dead Horse Mountain Road and the stub out of Pumpkin Ridge Drive. Dead Horse Mountain Road is unimproved with open ditches, no sidewalk, curbing or storm drainage. Any further street improvements would be determined at time of development. Water: Public water is available to the site. An 8" water main stubs out to the northeast corner of this area at the end of Pumpkin Ridge Drive. A 6" water main also exists in the Dead Horse Mountain Road right of way, Sewer: Public sewer is available to the site. An 8" sewer main stubs out to the northeast corner of this area at the end of Pumpkin Ridge Drive. An 8" sewer main also exists in the Dead Horse Mountain Road right of way. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. No portions of this parcel lie within the FEMA designated 100-yr floodplain. No protected streams are present on this parcel. Some portions of this parcel lie within the HHOD, and GIS does indicate some areas of 15% or greater slope. Fire: This development will be protected by Ladder 3 located at 1050 S. Happy Hollow Road. It is 2.9 miles from the station with an anticipated response time of 6 minUtes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. Police: The Police Department did not express any concerns with this request CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as a Rural Residential Area. These areas recognize existing low -density, large lot residential development, but are identified to encourage the conservation and preservation of woodlands, grasslands, or agricultural lands that are sparsely settled. They may not have adequate street and water infrastructure or public services, such as police and fire, to support urban or suburban densities and development patterns, nor should these services be expanded to accommodate further growth unless they are in line with the following guiding principles: a. Allow and encourage historical agricultural and related uses to continue and to occur as permanent land uses within planned developments. b. If developed, encourage alternative development patterns, such as conservation or cluster development types, to achieve compatibility with surrounding rural areas. Planning Commission April 25, 2016 G:\ETC\Development Services Review\20160evelopment Review\16-5385 RZN South of Pumpkin Agenda Item 9 Ridge Dr (Falling Waters) 646\03 Planning Commission\04-25-2016\Comments and Redlines 16-5385 Falling Waters Page 2 of 15 c. Foster a culture that supports local food production on a variety of scales. d. Encourage, preserve and protect viable agribusinesses such as orchards, berry farms and small scale produce -yielding businesses that provide goods for the local market. FINDINGS OF THE STAFF 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: Land Use compatibility: The proposed rezoning is not consistent with land use planning objectives, policies or land use plans. The property is located at the edge of the City and with the exception of the Stonebridge Meadows neighborhood 400 feet to the north, the property is surrounded by large agricultural and forested properties. In staff's opinion, introducing more suburban development in this area is incompatible with the prevailing land use in the area. Land Use plan analysis: Further, this area of the City is designated as a Rural Residential Area, which are classified in order to preserve woodlands and agricultural lands. Much of this area had been previously designated as a residential area, which encourages urban and suburban development, but the City Council adopted a rural designation for the area in 2011 with the adoption of City Plan 2030. This is a critical change from previous recommendations and policies decisions. Rezoning the property to RSF-2 would allow suburban densities along a wooded hillside that is now envisioned to remain rural. This rezoning is in opposition to the City's adopted land use policies and planning objectives. 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 zoning request is not needed or justified. The property is currently zoned to allow 2-acre residential lots, which provides development rights that are more compatible with adjacent properties than 17,860 square foot lots. However, neither zoning scenario may actually result in less public infrastructure to be maintained. Larger lots, though, could allow the use of individual septic systems. These systems would be maintained by the property owners instead of a publically maintained sewer line at a great cost compared to the number of residents served. Therefore, from a long-term cost analysis, there is a possible savings to the public. In addition to development costs, there is a general policy decision that will be made in this case. Should the City encourage more development at the periphery of the City, or should existing development rights be maintained? Unfortunately, there isn't an absolute answer. Each property and area of the City is unique and therefore different responses are expected. In this case the property is clearly in a predominantly rural area. Increasing the density Planning Commission April 25, 2016 G:\ETC\Development Services Review\2016\Development Review\16-5385 RZN South of Pumpkin Agenda Item 9 Ridge Dr (Falling Waters) 646\03 Planning Commission\04-25-2016\Comments and Redlines 16-5385 Falling Waters Page 3 of 15 of this property will only encourage more development on the edge of the City and set a new policy for development in southeast Fayetteville. One final reason to not rezone the property to RSF-2 is that there are other development options available, should the City Council determine that increased density in this area is desired. A conservation subdivision or cluster development could result in the same number of dwelling units while also: - Reducing short-term infrastructure costs. - Reducing long-term maintenance costs. - Increasing tree preservation. - Preserving natural woodlands. - Preserving animal habitat. - Reducing soil erosion. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RSF-2 will allow a maximum of 51 residential lots with the Bill of Assurance. It's unlikely that this number of houses would appreciably increase traffic congestion or traffic danger, however the number of lots may exceed fire code limitations for sub -divisions with only one street access. 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 to RSF-2 will not undesirably increase the load on public services, such as schools, or water and sewer facilities. However, the property in question is estimated to have a response time for fire and/or emergency services of 6 minutes, which is at the outside limit of the City's goals to respond to citizen calls for service. 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 RECOMMENDATION: Staff recommends denial RZN 16-5385 based on the findings discussed throughout this report. Planning Commission April 25, 2016 GAETC\Development Services Review\2016\Development Review\16-5385 RZN South of Pumpkin Agenda Item 9 Ridge Dr. (Falling Waters) 646\03 Planning Commission\04-25-2016\Comments and Redlines 16-5385 Falling Waters Page 4 of 15 BUDGET/STAFF IMPACT: None ll PLANNING COMMISSION ACTION: Required YES Date: April 25, 2016 ❑ Tabled © Forwarded XI Denied Motion: HOFFMAN, MOTION TO DENY THE REQUEST. ISecond: THURMOND-QUINLAN JVote: 7-2-0, WITH HOSKINS AND NOBLE VOTING 'NO' CITY COUNCIL ACTION: Required YES ( Date: May 17, 2016 ❑ Approved ❑ Denied Attachments: ■ Unified Development Code sections 161.03 & 161.06 • City Fire Department comment • Request Letter ■ Bill of Assurance ■ One Mile Map ■ Close Up Map ■ Current Land Use Map ■ Future Land Use Map Planning Commission April 25, 2016 G:\ETC\Development Services Review\2016\Development Review\16-5385 RZN South of Pumpkin Agenda Item 9 Ridge Dr. (Falling Waters) 646\03 Planning Commission\04-25-2016\Comments and Redlines 16-5385 Falling Waters Page 5 of 15 161.03 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 utility facilities Unit 6 Agriculture Unit 7 Animal husband Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accesso dwellings Unit 43 Animal boarding and trainino (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per 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 dwellin,9 unit 2 acres E) Setback requirements. Front Side Rear 35 ft. 20 ft. 35 ft. (F) Height requirements. There shall be no maximum height limits 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 4100, §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; Ord. 5479, 2- 7-12) Planning Commission April 25, 2016 Agenda Item 9 16-5385 Falling Waters Page 6 of 15 161.06 District RSF-2, Residential Single - Family —Two Units Per Acre (A) Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with larger lot sizes (one acre and over) and areas that have developed with smaller lot sizes (8,000 sq. ft.), and to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted uses. Unit 1 City-wide uses 1py right Unit 8 Single-familySingle4amily dwellings Unit 41 Accessory dwellin s (D) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public 2rotection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 24 Home occupations Unit 36 Wireless communications facilities il Unit 44 1 Cottage Housing Development (E) Density. Units per acre 2 (F) Bulk and area regulations. Lot width minimum _ 100 ft. Lot area minimum 17,860 Sq. Ft. Land area per dwelling unit 17,860 Sq. Ft. (G) Setback requirements. Front Side Rear 30 ft. 15 ft. 30 ft. (H) Building height regulations. Buildin Hei ht Maximum 45 ft. 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). (1) Building area. None (Code 1991, §160.045; Ord. No 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5462. 12-6-11) Planning Commission April 25, 2016 Agenda Item 9 16-5385 Falling Waters Page 7 of 15 F To: From: Date: Re: The City of Fayetteville Fire Department 303 W. Cetlter 5t. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 Jesse Fulcher, Jorgensen and Associates Jeremy Ashley, Assistant Fire Marshal March 16, 2015 RZN 15-5004 This development will be protected by Ladder 3 located at 1050 S. Happy Hollow Rd. It is 2.9 miles from the station with an anticipated response time of 6 minutes to the beginning of the development. The Fire Department anticipates 6 (4 EMS -2Fire/other) calls for service each year after the development is completed and maximum build -out has occurred. Typically, this type of development usually takes 12 -18 months, after the development is started, before maximum build -out and the service impact to occur. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Captain Jeremy Ashley Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! Planning Commission April 25, 2016 Agenda Item 9 16-5385 Falling Waters Page 8 of 15 1 O RG E E �,j 124 et 5 ille, AIR Drive, Suite 5 Fayetteville, AR 72.703 h A S 1 A T E Office; 479.442.9127 Fax: 479.562.4807 March 16, 2016 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Rezoning for Buffington Homes (Falling Waters) Attached herewith please find the submittal documents in regards to a rezoning to the property formerly known as the Falling Waters Subdivision. The existing zoning is R-A and the request is to RSF-2 with a bill of assurance that guarantees only 51 singly family lots will be allowed on the proposed rezoning of 35.31 acres. This will guarantee a yield of less than 1.5 units / acre. The proposed rezoning extends from Dead Horse Mountain Rd east to Pumpkin Ridge Rd. The plan is to keep all construction traffic and access off of Dead Horse Mountain to avoid any through traffic to adjacent neighborhoods. If rezoned the new concept will be to put in two new streets with much larger lots (roughly half acre lots) and only have lots on the downhill side of the streets. This will allow for much larger green spaces between the houses and the downhill street. It is also the developers desire to stagger lots to help preserve views to the north. 8" water and sewer lines are stubbed out to this property in Stonebridge Meadows Subd Ph 2 to connect to. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; 1t4iit .L; Iorgcnkii. F.F. Planning Commission April 25, 2016 Agenda Item 9 16-5385 Falling Waters Page 9 of 15 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 Falling Waters, LLC, 35.31 acres, (hereinafter "Petitioner") Falling Waters, 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 to RSF-2. 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 Petitioner's property shall be limited to: 50 lots within the rezoned acreage. 2. 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 Cleric'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 WHE, REOF and in agreement with all the terms and conditions stated above, Falling Waters, LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Falling Waters, LLC Date Managing Member of Carlton Holdings, LLC, which is a member of Falling Water, LLC Address Planning Commission April 25, 2016 Agenda Item 9 16-5385 Falling Waters Page 10 of 15 NOTARY OATH STATE OF ARKANSAS } .Ss COUNTY OF WASHINGTON } 'dud _-pow 01), tills the -j z day cif' ,- t:j2 2016, appmired before ine, 1 f� Nc�t ry Public and after being placed upon his/her oath swore --greed - or .i!'lit ln�cl.tl f C /title agreed with the terms ol" the above Rill of ASSltrance and signed his/her name move. My Commission ),xpires; s Itit(��t'f�l1tY E}Irll•1.r�/� e Rogp CL 0 Q; r 3 tabtiC �a V. QL n tY , Planning Commission April 25, 2016 Agenda Item 9 16-5385 Falling Waters Page 11 of 15 RZN 16-5385 One Mile View FALLING WATERS ww-1 rW ,a I A., (-I dy3rzMT 5WT�fw j lop W R-A ------- GOFF FAR FA RD ,PRIMG SPANIS" qQ 8 AY PGO SONOMA %� FALLS ST .10M RD BLACK OF CANYON ST z A,, Lp TROONt> W OA KMONTDR W I SUBJECT PROPERTY PEACEFUL OR t ALLEY ip 443 2547 SUBJECT /PROPERTY RSF.4 Cal' D, 0 1 HUNT LtA ----------- W Legen <j Shared -Use Paved Trail all e on ........ Neighborhood/Park Trail Rp 04/r Natural Surface Trail Overview RZN I & 538 5 Design Overlay District Planni ig Area L Fayettevitle 0 0.25 0.5 1 1 N/ iles Planning Co mission April t5,2016 Agenda Item 9 16-5385 Fa0ing Waters Page 12 of 15 18-5385 Falling Waters Page 13 of 15 RZN 16-5385 FALLING WATERS Curren( Land Use 2 tv lit Golf Course OR SUBJECT PROPERTY I V W Single Family AA "3-MoU(NqTAjN-. e Undeveloped n- 111k Single Family kP�f Single Family Overview Legend Fayetteville City Lirnqt�c 300 600 900 1,200 Planning Commi sion Feet April 25. 1016 ern 9 16-5385 Falling Waters Page 14 of 15 16-5385 Falling Waters Page 15 of 15 Be O1 1 ICF. 0V T}1r i i v \ F I ORNE� DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Andrew Garner, Planning Director 1 FROM: Kit Williams, City Attorney DATE: May 16, 2016 Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal RE: Rezoning May Be Required By Substantial Use Test Preexisting Non -conforming Use May Be Constitutionally Protected On May 10, 2016, I authored a memo about how Unified Development Code provisions should be interpreted (copy attached). I had explained to the Planning Commission many times previously (throughout the years) that those provisions "should be strictly construed in favor of the property owner." W.C. McMinn Co. v. City of Little Rock, 257 Ark. 442, 516, S.W. 2d 584, 587 (1974) (emphasis added). However, I felt I should provide some additional authority for that requirement and explain this interpretation requirement more fully in a memo. While reading another case which supported the Little Rock case quoted above, I came across another issue which could have some bearing upon a rezoning request that you will soon need to decide. This issue is actually presented as part of the "widely recognized (doctrine) that a property owner has vested rights in a non -conforming use of his property." Blundell v. City of West Helena, 258 Ark. 123, 522 S.W. 2d 661, 666 (1975). Our Planning Staff and I have been well aware of that concept which is at least partially addressed in the U.D.C. What I had not realized is that the Arkansas Supreme Court had adopted a "substantial use' test that expands our common concept of a Constitutionally protected preexisting nonconforming use, The Arkansas Supreme Court quoted with approval the Kentucky Court of Appeals description and effect of "substantial use," "It would seem, therefore, that the right to utilize one's property for the conduct of a lawful business not inimical to the health, safety, or morals of the community, becomes entitled to constitutional protection against otherwise valid legislative restrictions as to locality, or, in other words, becomes `vested' within the full meaning of that term, when, prior to the enactment of such restrictions, the owner has in good faith substantially entered upon the performance of the series of acts necessary to the accomplishment of the end intended." Id. (emphasis added). The Arkansas Supreme Court then announced its own requirements for the substantial use test which would give a property owner the constitutional right to develop at least a portion of his or her property in accordance with regulations in existence when the owner began substantial infrastructure investments needed to build his or her project. "The substantial use test requires that the steps taken toward implementation be of a substantial nature or involve substantial investment or substantial obligations on the part of the owner." Id. at 667. (emphasis added). The Arkansas Supreme Court then held that the property owner of the partially constructed mobile home park could finish construction and occupy the 25 spaces in which he had substantially invested by building concrete patios and driveways and constructing water and sewer lines and a 20 foot road to serve those lots. Blundell claimed to have invested about $50,000 on improvements to his 5 acre lot. "We consider the steps taken by Blundell on the first 25 spaces prior to the passage of the ordinance to have been substantial and to have involved substantial investment to the extent that he is entitled to use them as a mobile home park as a non -conforming use under the ordinance." Id. In a more recent case out of Washington County, the Arkansas Supreme Court affirmed Circuit Judge Kim Smith's decision that the land owners who wished to construct a RV park did not prove they met the "substantial use' test. The owners claimed to have cleared roads and presented pictures of gravel that had been laid for the roads. The Circuit Court held that this was insufficient to meet the substantial use test. "In Blundell, the property had paved concrete roads, driveways and patios, and water and sewer lines. Here, there have been no steps taken beyond preliminary work...." Potter v. City of Tontitown, 371 Ark. 200, 213, 264 S.W. 3d 473, 483 (2007). The Court seemed to doubt the Potters' claim of spending almost a million dollars in construction costs, and held that: "Even if they had met the substantial use test, they did not do so in good faith. Therefore, we hold the Potters do not yet have a vested right in their property." Id. "In the present case, the Potters had knowledge that the countyis approval of their development was conditional, and would be considered null and void if Tontitown was found to have jurisdiction. Yet, they began developing their property anyway. Therefore, we conclude that they did not act in good faith." Id. The Arkansas Supreme Court did affirm the basic substantial use test set forth 32 years earlier in Blundell v. City of West Helena, supra. "(I)n order to obtain a vested right one must prove that the owner has in good faith substantially entered upon the performance of the series of acts necessary to accomplish that end. The burden of proof is upon a property owner who claims rights by virtue of a non- conforming use. Id. The mere contemplated use without active steps beyond preliminary work or planning or substantial investment to effectuate it is not sufficient to invest a property owner with property rights in a nonconforming use, or with a right to extend a nonconforming use. Id. Preliminary contracts or work which is not of a substantial nature is not sufficient to establish a vested right. Id. The mere purchase of property with intention to devote it to a use is not sufficient in spite of preliminary work, such as clearing, grading, and excavating, if that work is not of a substantial nature, or if the t owner has not incurred substantial obligations relating directly to the use of the property. Id." (emphasis added). In the rezoning appeal for partial development of what the City Council had previously approved as the Falling Waters PZD, there is some evidence that the property owners may have invested what some could consider substantial funds to bore under the White River to bring water or sewer to serve their approved PZD. Although the PZD expired during the Great Recession, the property owners may have some rights under the substantial use doctrine to develop some of their property similarly to the approved PZD even though such development would not be allowed in R-A to which the property was rezoned by the City. If the City Council determines that the property owners took "steps toward implementation (of their development) .. . of a substantial nature or involve substantial investment," then rezoning a portion of their property to allow appropriate residential development similar to their original approved request may be required. It is the responsibility and burden of the property owner to prove that they took "steps... toward the implementation ... (and that those steps were) of a substantial nature or involve substantial investment or substantial obligations on the part of the owner." Blundell v. City of West Helena, supra. "The burden of proof is upon a property owner who claims rights by virtue of a non -conforming use. A mere contemplated use without active steps beyond preliminary work or planning or substantial investment to effectuate it is not sufficient to invest a property owner with property rights in a non -conforming use, or with a right to extend a non -conforming use. Preliminary contracts or work which is not of a substantial nature is not sufficient to establish a vested right. The mere purchase of property with intention to devote it to a use is not sufficient in spite of preliminary work, such as clearing, grading and excavating, if that work is not of a substantial nature, or if the owner has not incurred substantial obligations relating directly to the use of the property." Id. at 668. (citations omitted). If the City Council determines that the zoning applicant meets the substantial use test at least for the currently proposed rezoning, the applicant's delay in proposing a rezoning or development might not be enough to extinguish such right despite contrary language in the U.D.C. "Appellee (West Helena) argues that since appellant waited as long as he did to extend the actual use of spaces 13 through 25, he abandoned and discontinued any non -conforming use for more than six months, and that the placing of mobile homes on these spaces constitutes a prohibited reestablishment of that use under the ordinance. To embrace this theory would be inconsistent with the underlying theory of our holding on the question of existence of a non -conforming use ... Such a construction would be unduly narrow and a strict construction favoring the city. We decline to give it this construction." Id. CONCLUSION It is my duty as Fayetteville City Attorney to caution the City Council when an action that might be taken could result in substantial monetary exposure and litigation danger. The very unusual circumstances of the Falling Waters PZD approval coupled with the costs to bore under the White River to bring water/ sewer to the development could trigger vested interests in development rights for the property. Refusing to allow any economically feasible development on any of the Falling Waters' forested hillside property might be found to be an unconstitutional deprivation of preexisting use rights. "Attempts to deprive the owner of a preexisting use have been regarded as unconstitutional as a taking of property without compensation or in violation of due process of law." Id. at 666. Because there would be a possibility of significant litigation damages/ attorneys' fees, the City Council needs to carefully consider and apply the substantial use test for this rezoning issue. Ll DEPARTMENTAL CORRESPONDENCE Off ICE Ut FHL C ITY ATTORNEY TO: Planning Commission CC: Andrew Garner, Planning Director FROM: Kit Williams, City Attorney DATE: May 10, 2016 RE: Interpretation of the Unified Development Code provisions Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal If there is an issue whether a proposed project meets the requirements of the Unified Development Code, the Planning Department and Planning Commission must review the applicable code provisions. Only if the project fails to comply with the clear, unambiguous code sections may a project be turned down. "As previously stated, zoning ordinances are valid only by reason of the police power and cannot be arbitrarily enforced. Such ordinances are in derogation of common law and operate to deprive an owner of property of a use thereof which would otherwise be lawful, and should be strictly construed in favor of the property owner." W. C. McMinn Co. v. City of Little Rock, 257 Ark. 442, 516 S.W. 2d 584, 587 (1974) (emphasis added). In the context of whether or not to allow a pre-existing substantial use that would be nonconforming to current zoning ordinances, the Arkansas Supreme Court stated: "In construing the city ordinances and their effect, we must remember that zoning ordinances, being in derogation of the common law, must be strictly construed in favor of the property owner...." Blundell v. City of West Helena, 258 Ark. 123, 522 S. W. 2d 661, 666 (1975) (emphasis added). Strictly construing an ordinance must remain logical and should not present an absurd interpretation. "Although zoning laws must be strictly construed in favor of the property owner, Blundell v. City of West Helena, 258 Ark. 123, 522 S. W.2d 661 (1975), that does not compel a contrived result when common sense points elsewhere." Tillery v. Meadozus Construction Company, 284 Ark. 241, 681 S.W. 2d 330, 332 (1984). If there are two or more reasonable interpretations of a code section (even though one may seem significantly more likely), the interpretation favoring the property owner/ developer will probably control. That is one reason why the Unified Development Code should be revised if we discover a definition or requirement is unclear and that ambiguity could lead to undesirable developments. On the other hand, the U.D.C. should not be so detailed and unyielding that builders' and developers' creativity and freedom are stymied, To "Keep Fayetteville Funky" and allow healthy diversity, we should ensure that our regulations are the least restrictive needed to avoid ugly or dangerous construction or development. Branson, Lisa From: CityClerk Sent: Tuesday, May 17, 2016 4:38 PM To: Alan Long (Longward4@gmail.com); Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts, Gina; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Mulford, Patti; Norton, Susan; Pate, Jeremy; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Schoppmeyer, Martin; La Tour, John; Long, Alan Cc: Garner, Andrew Subject: FW: Falling Waters Attachments: 20160517161759706.pdf Please see Robert Rhoads note below and his attachment. Thank you. Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 ci tvcl a rk(a)fayettevi I le-ar. q ov Website I Facebook I Twitter I YouTube CITY Or Ye evi le ARKANSAS From: RRhoads@HallEstill.com [mailto:RRhoads@HallEstill.com] Sent: Tuesday, May 17, 2016 4:34 PM To: CityClerk Cc: Williams, Kit; Williams, Kit Subject: Falling Waters Pls forward to City Council et al to be considered in light of Kit's memo from this morning. This illustrates the owner of Falling Waters has "substantially invested" in the property. Note this doesn't include the cost of the land. Thx RKR E BALL ESTI LL Robert K. Rhoads I Shareholder 75 N. East St., Suite 402 Fayetteville, AR 72701 T: 479-973-5200 1 C: 236-1414 1 F: 479-973-0520 www.haIlest!II.com I my bio Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination , distribution or copying of this communication is strictly prohibited. If you have received this e-mail communication in error, please notify us immediately by sending a reply e-mail message to the sender Thank you Hall Estill 75 North East Avenue Suite 402 Fayetteville, Arkansas 72701 (479)973-5200 www.hallestill.com 12:00 PM Falling Waters LLC 05117116 Transaction List by Vendor January 1, 2006 through May 17, 2016 Type 11.1. Mum rccaurrl ..a. split Crec G. ppptoncomfefar Beaion 1107 Ctfaak A711112c0.a 1071 V jOackrnp R4glame Balk fa'dtn2 Watara Projacl T7G % IIII EOw4fUA Canatrr}Cllpn _ _ (Wasaf 4 Scow Exlenrlort) Choeir f101k112000 :IOU �0h9an9-Rcgwns 84nk WOW/2 Pr4lact 46.590.64 Cliff* IW2alZPg6 TI04I J C1100Pg-Raglpnk Dank I r` Fa111nO Walprtf PralmCl 17Q874:67 ._..p _ Glts!ck 11070006 }AA6 YCheStlunq•Reylptr3 Ba_nR +r _ ;FW1 ng WdlM6 ProJecl Atl.793.1E r C1Ktk hYl&2007 IOU Cheekinns g•RegioBank d Falling Watafs P(gecl VAN 04 -_ Chet; ' OWI t85S Ch _ ockwiyiRtgfons Bank _ 4 4 F*Wnp Waters Prpjxl. 6E,020.91 _._ ChrCk... 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I _ •Irtlaiasl ExpaOae - _ _ IAtee"t Expanse i WOW 53gma Ca_naSraclion I losilllg&Inspections) Ched eOhl nIr ION � �Chackfn0•Reown Blnk rd IFaIOng Welef% Pr*d 4,743.46 _ .. _. _ e. .. . —.. .. _ .. Tomlinson AsghNt _ _ } ___ _ (I learing and Crubbrng) Chalk A6r49ilAtgq 14U 'Chocklnq•RaOtons Bank I ,1 Fallmo Waunc Ptoiec{ - -- � 5.464A0 i I 35777907.44. Pays 1 at 1 Branson, Lisa From: CityClerk Sent: Tuesday, May 17, 2016 4:23 PM To: Alan Long (Longward4@gmail.com); Pennington, Blake; citycouncil@matthewpetty.org; Marr, Don; Eads, Gail; Roberts, Gina; Johnson, Kimberly; Williams, Kit; Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Mulford, Patti; Norton, Susan; Pate, Jeremy; Smith, Lorinda; Smith, Sondra; Gray, Adella; Marsh, Sarah; Kinion, Mark; Tennant, Justin; Schoppmeyer, Martin; La Tour, John; Long, Alan Cc: Garner, Andrew Subject: FW: Letters Attachments: 20160517144034885.pdf Hello All, Robert Rhoads has asked that this be forwarded to you for consideration. It is in regards to the Falling Waters item at the May 17, 2016 City Council meeting. Thank you. Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk(@favetteville-ar.gov Website I Facebook I Twitter I YouTube CITY OF le sy"4�—Klik AS w:•,:v favette-jiile-if q.iw From: RRhoads@HallEstill.com [mailto:RRhoads@HallEstill.com] Sent: Tuesday, May 17, 2016 4:12 PM To: CityClerk Subject: FW: Letters to F IALL LSTILL Robert K. Rhoads I Shareholder 75 N. East St., Suite 402 Fayetteville, AR 72701 T: 479-973-5200 1 C: 236-1414 1 F: 479-973-0520 www.hallestill.com I my bio From: Mike Lamberth [mailto:mike.lamberth(&buffinatonhomesar.com] Sent: Tuesday, May 17, 2016 2:55 PM To: Robert K. Rhoads Cc: 'Clay Carlton' Subject: Letters to Robert, Included letters in order are: -My letter to the Stonebridge Neighbors -Letter of support from Michael Wingo (Stonebridge resident) who lives at the dead end of Pumpkin Ridge, with an exhibit he did explaining where the drainage water is coming from -Letter of support from Jeff Maland who is a Stonebridge resident -Letter of support from John Carpenter who is a Stonebridge resident -Email correspondence from Stephanie Newman who received my letter to Stonebridge neighbors and was inquiring about the development as she is interested in staying in Stonebridge but wants a larger lot/house -Email correspondence from Candy Miller saying our proposal sounds "good on paper" but how will we keep our word on the development. I sent her a copy of the Bill of Assurance and asked to meet with her or for her to let me know specific concerns and I would address them in full to her. I haven't heard back from her. Any tax advice contained in this communication is not intended to be used, and cannot be used, to avoid tax penalties This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination , distribution or copying of this communication is strictly prohibited If you have received this e-mail communication in error, please notify us immediately by sending a reply e-mail message to the sender Thank you. Hall Estill 75 North East Avenue Suite 402 Fayetteville, Arkansas 72701 (479)973-5200 www.hallestill.com Mike Lamberth Falling Waters, LLC May 9, 2o16 Dear Neighbors of Stonebridge Meadows, On behalf of my business partner Clay Carlton, and myself, I am reaching out to you today regarding our neighboring property located south of the Stonebridge Meadows Golf Course. Approximately one year ago we applied for a re -zoning and many of the residents in your neighborhood expressed concerns about the proposed development. Since the time of our last request we have worked to modify our development plans, taking the feedback of the neighbors into consideration. The outcome is a plan that we feel will alleviate most of these concerns, and will also provide an adjoining neighborhood that will be a good fit for the golf course and that will add value to the area and forthe current residents. My intent is to communicate our newly proposed project to you in contrast to what we planned formerly. Also, I would like to extend an invitation to meet with the neighbors to further explain details of the project and answer any questions. In our previous development proposal the neighborhood was planned to connect from Pumpkin Ridge only, which seemed to be the greatest concern for the existing neighbors. Taking this into consideration, we have revised our current proposal to have primary access from Dead Horse Mountain Road. As this will be the shortest and most convenient entry to Falling Waters, it stands to reason that traffic to and from the neighborhood will utilize this route rather than by way of Pumpkin Ridge / Cherry Hills Drive. In fact, another component we have included in our revised proposal is a legal document (Bill of Assurance) that restricts construction traffic forthis development to use the entrance at Dead Horse Mountain Road. Another big concern for the Stonebridge residents pertained to existing of drainage problems at the intersection of Pumpkin Ridge & Cherry Hills Drive, during heavy rains. Our project will be regulated by the City of Fayetteville during the engineering & the development processes to ensure that water flow from the property will not increase. In fact, to the contrary we will be required to build water detention ponds to control the flow of water away from the site. These efforts do not promise to amend any drainage problems that may already exist, but they will see that development of this land does not result in worsening the water -flow downhill toward other properties, including your homes. Our revised plan will utilize the natural characteristics of the land to build a unique new neighborhood while protecting both the tree canopy, and the scenic views from within the new neighborhood and from the bottom of the mountain looking onto Falling Waters. This will be achieved by constructing homes only on one side of the street rather than a typical layout of homes fronting both sides of the street. In doing so, the uphill lots in Falling Waters will be at least zoo feet deep and approximately one half -acre in size. This will result in the preservation of a green belt of mature trees along the back of the lots. Furthermore, Falling Waters will have stringent Protective Covenants in place that limit tree removal outside of the building footprint in addition to the City of Fayetteville's ordinances promoting tree preservation in the area. If you have any questions or concerns we would like to hear from you, and would be happy to meet with you. Please contact me at the information below. Sincere Thanks, Mike Lamberth Owner, Falling Waters LLC Mike.Lamberth()BuffingtonHomesAR.com (479)251-1106 From: Michael Wingo Sent: Friday, May 13, 2016 7:24 PM To:'Ward1_posl@fayetteville-ar.gov' <Wardl_posl@fayetteville-ar.gov>;'Ward l_pos2@fayetteville-ar.gov' <WardI_pos2@fayetteville-ar.gov>;'Ward 2_posI@fayetteville-ar.gov' <Ward2_pos1@fayetteville-ar.gov>; 'Citycouncil@mathewpetty.org' <Citycouncil@mathewpetty.org>;'Ward3_posl@fayetteville-ar.gov' <Ward3_posI@fayetteville-ar.gov>;'Ward3_pos2@fayetteville-ar.gov' <Ward3_pos2@fayetteville-ar.gov>; 'Ward4_posl@fayetteville-ar.gov' <Ward4_posI@fayetteville-ar.gov>;'Longward4@gmail.com' <Long- ward4@gmail.com>;'mayor@fayetteville-ar.gov' <mayor@fayetteville-ar.gov>;'city.attorney@fayette- ville-ar.gov' <city.attorney@fayetteville-ar.gov>;'cbrown @fayetteville-ar.gov' <cbrown@fayetteville-ar.gov>; 'planning@fayetteville-ar.gov' <planning@fayetteville-ar.gov>;'jpate@fayetteville-ar.gov' <jpate@fayette- ville-ar.gov> Subject: Falling Water Revised Development Plan For Your Consideration: My name is Michael Wingo, and I reside at 2073 Cherry Hills Dr, (Stonebridge Meadows), and along with my neighbor Kasey Weathers are the southwestern most homes in our S/D. At the time I purchased my lot and built my home, I understood that in the future, there may be homes built to the south of mine. The plans called for a main entrance to be located off of Dead - horse Mountain Rd, and thru-traffic was to be minimal which was important to my family. With the exception of the occasional flooding during heavy rain events, we are very happy with our home and our neighborhood. When the plans to develop Falling Water changed, calling for the main entrance to come past my house, I was not supportive. The construction and residential traffic would, I believe, have had a negative impact on the quiet corner of our neighborhood to which we have become accustomed. In addition to the traffic concerns, we also had concerns that the already frequent flooding problems may be exacerbated by any added water volumes from the hillside. While I did not vocally oppose the plans, I was personally relieved when the plans failed at planning commission. Next week, you will once again be asked to consider approval for the Falling Water development. It is my belief that the developers have made positive changes to the plans: 1. Minimizing Thru-Traffic: Adding Deadhorse Mountain Rd entrance, and contractually restricting the construction traffic we would experience with the extension of Pumpkin Ridge. 2. Storm -Water Runoff: The source of the flood water is from the adjacent property (Hamm) which is not affiliated with Falling Water. This is a fact. It is my hope that the extension of Pumpkin Ridge and the necessary engineering studies accompanying the project, that we will see improvement with our current drainage problems. For these reasons, and to avoid the already permissible development option (lac lots with single entrance from Pumpkin Ridge extension), I will support the plans as amended. - . • s�rnat� 'to } ��'+Sr.'°s�•ti�y - dr r' mot. ' f ' " y F� �'• *'Lf,'�( • ���' 1. � � Y P P ■ Runoff from Hamm Property enters the storm drain system here. Jeff Maland Resident—Stonebridge Meadows 2010 S Pumpkin Ridge Dr Fayetteville, AR 72701 May 16, 2016 City of Fayetteville Attention: Mayor Lioneld Jordan, all City Council Members Re: Falling Waters rezoning request As a resident of Stonebridge Meadows neighborhood, I am writing this letter,to state my support of the rezoning request for Falling Waters, Since the developers have included the additional entry from Dead Horse Mountain Road, I would like for the City Council to grant permission for Falling Waters/Buffington Homes to develop the project adjacent to my neighborhood as they have stated in their rezoning request. I like the homes and neighborhoods that Buffington Homes builds, and I believe that the newly proposed project will be another good development that will add value to our beautiful area. Sincerely, AW Jeff Malan �* Resident, Stonebridge Meadows jeffmaland@yahoo.com To whom it may concern: I am very familiar with the Falling Waters proposed subdivision. As a resident of Stonebridge Meadows Phase 5, 1 am in complete support of the proposed plat. I see no reason why the subdivision should not be approved. I think the added streets will do nothing but add some new areas to walk and enjoy the views of Stonebridge Meadows golf course. I feel like Falling Waters will improve the connectivity of Stonebridge Meadows Phase 2 and 3 and give a many of my neighbors alternate ways out of the subdivision. This should also should reduce the traffic counts on Goff Farm Road. I am fully confident that Mike Lamberth and Clay Carlton will put in a subdivision that all of Stone Bridge Meadows would be proud to call neighbors. Best Regards, John K. Carpenter John K. Carpenter • Senior Vice President Lindsey & Associates m. 479-957-8181 1 t. 479-527-8715 f. 479-527-8734 I e. johncarpenter@lindsey.com w. http://www.johnkcarpenter.com I s. 1200 E. Joyce Blvd. Fayetteville, AR 72703 Mike Lamberth From: Mike Lamberth <mike.lamberth@buff ingtonhomesar.com> Sent: Saturday, May 14, 2016 10:12 AM To: Clay Carlton Subject: Fwd: Falling waters Fyi Mike Lamberth Begin forwarded message: From: Stephanie Newman <alabamamonuny@gmail.com> Date: May 14, 2016 at 9:41:09 AM CDT To: Mike Lamberth <mike. lamberthcr,buffingtonhomesar.com> Subject: Re: Falling waters Yes a pool would be very appealing. Probably to the majority of people looking to buy there. When are you planning to start and how will it go, phase wise? We love Stonebridge and love the area but would be interested in something a little bigger. And with a pool available, either in our yard or a community pool. Sent from my iPhone On May 14, 2016, at 9:24 AM, Mike Lamberth <mike. lam berth@buffingtonhomesar.com> wrote: Hi Stephanie, we don't know the exact starting square footage yet, but will most likely start at around 2800 to 3000 SF and go up from there. The lots will be 1/2 acre wooded lots. Some of the lots will be larger than 1/2 acre. It will be a really unique neighborhood with lots of trees and fantastic views. We haven't decided at this point about a pool/amenities. Is this something you are interested in and is a neighborhood pool something that would be appealing to you? I would be happy to continue to provide you with more information as the development comes together, if you wish. Thanks for reaching out! Mike Lamberth Mike Lamberth On May 13, 2016, at 5:21 PM, Stephanie Newman <alabamamommy@gmail.com> wrote: Hi! I am a resident in Stonebridge and would like to know what the minimum square footage on your new homes will be. They will all have half acre lots? Will there be a conununity pool? Thank you! Stephanie Sent from my iPhone Mike Lamberth From: Candy Miller <candylmiller@gmail.com> Sent: Monday, May 16, 2016 8:03 AM To. Mike.Lamberth@BuffingtonHomesAR.com Subject: Falling Waters Mike I live in Stonebridge at the north end of Cherry Hills Drive .... I read your letter to the Neighbors at Stonebridge....I hear what you're saying but what assurance do we the residents of Stonebridge have for you to keep your word on developments ? It all sounds good but it's on paper..... Candy Miller Mike Lamberth From: Mike Lamberth <mike.lamberth@buffingtonhomesar.com> Sent: Monday, May 16, 2016 10:22 AM To: candylmiller@gmail.com' Subject: Bill of Assurance to the City of Fayetteville Attachments: 20160511154903908 Candy, Thank you for taking the time to read our letter and inquire about this process. Could you meet to discuss? Or, if you would rather not meet would you mind sharing your specific items of concern so that I can address them? I am attaching a copy of the Bill of Assurance, which is the legally binding document that we referenced in our letter to you. But, I'd like to know what questions you have specifically so I can make sure to answer them in full. Kind Regards, Mike Lamberth FALLING WATERS ADDENDUM Between The CONTRACTOR: Buffington Homes of Arkansas, LLC P O Box 8519 Fayetteville AR 72703 And the SUBCONTRACTOR: The Contractor and Subcontractor Agree As Follows: • CONSTRUCTION TRAFFIC WILL BE ALLOWED TO ENTER AND EXIT THE FALLING WATERS SUBDIVISION ON DEAD HORSE MOUNTAIN ROAD, ONLY. There will be signage posted to direct construction traffic to use Dead Horse Mountain Road. • AT NO TIME will construction traffic be allowed to use Pumpkin Ridge. There will be signage posted to forbid any construction traffic on Pumpkin Ridge. It is the Subcontractor's responsibility to provide copies of the attached Instructions and to direct their Workmen, Material Suppliers and any and all others driving to or from the site on the Subcontractor's behalf, to be in compliance. • ALL VEHICLES MUST BE CLEAN BEFORE LEAVING THE SITE. There will be a gravel entrance and a wash pit provided to clean debris, mud, dirt and rock off of all vehicles before leaving the site. It is the Subcontractor's responsibility to direct their Workmen, Material Suppliers and any and all others driving vehicles to or from the site on the Subcontractor's behalf, to clean their vehicles before exiting the site. Any individuals, driving to or from the site on the Subcontractor's behalf, in non-compliance with the provisions of this Addendum will result in the Subcontractor to be penalized in accordance with the following: • Penalties will be assessed to the Subcontractor as follows: L Access to and from the site via any route other than Dead Horse Mountain Road - $250.00 I Tracking debris, mud, dirt or rock on the road after exiting the site - $250.00 • Miscellaneous Provision: i. These penalties may be assessed per vehicle in non-compliance. ii. Furthermore, Subcontractor shall be responsible for any penalties or assessments incurred by the Contractor by any governing authorities as a result of Subcontractor's actions or the actions of any individuals driving to or from the site on the Subcontractor's behalf. iii. The purpose of this policy is to state the position of the Contractor, on administering equitable and consistent discipline of unsatisfactory conduct. The primary purpose of this disciplinary plan is to correct the problem(s) and prevent recurrence(s). IN WITNESS WHEREOF, The Contractor and Subcontractor have hereunto set their hands and seals in duplicate the day and year first above written. Subcontractor X Subcontractor Signature Date Sworn and subscribed before me, a Notary Public within and for the State of Arkansas _ County of , on this day of_ ,20 Signature ofNotaryPublic (seal) My commission expires: Buffington Homes of Arkansas, LLC Contractor X Buffington Homes of Arkansas Signature Dare Sworn and subscribed before me, a Notary Public within and for the State of Arkansas , County of on this day of 20 (seal) My commission expires: Signature of Notary Public FALLING WATERS INSTRUCTIONS o CONSTRUCTION TRAFFIC WILL BE ALLOWED TO ENTER AND EXIT THE FALLING WATERS SUBDIVISION ON DEAD HORSE MOUNTAIN ROAD, ONLY. There will be signage posted to direct construction traffic to use Dead Horse Mountain Road. • AT NO TIME will construction traffic be allowed to use Pumpkin Ridge. There will be signage posted to forbid any construction traffic on Pumpkin Ridge. • All VEHICLES MUST BE CLEAN BEFORE LEAVING THE SITE. There will be a gravel entrance and a wash pit provided to clean all vehicles before leaving the site. 16-5385 EXHIBIT'C' 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 Falling Waters, LLC, 35.31 acres, (hereinafter "Petitioner") Falling Waters, 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 to RSF-2. 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 Petitioner's property shall be limited to: 50 lots within the rezoned acreage. 2. 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, Falling Waters, LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Falling Waters, LLC Date Managing Member of Carlton Holdings, LLC, which is a member of Falling Water, LLC F 1- 130& � 7 t'l Address -7;Z 70 3 • 11=81119! V. F...,.)�'F�.,.FA _-FE V Il!E.AR, 02 ,7 1700 F«?;47.;695i1i8 ddb1W..WU.­Nv1 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 County 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. No. 5882 Was inserted in the Regular Edition on: June 30, 2016 Publication Charges $ 75.40 &V, (Aa, Cathy Wiles Subscribed and sworn to before me This 30day of -Vq_ , 2016. Notary Public My Commission Expires:7/Z1 zs- ASHLEY DAVIS L-Notary rkansas - Washington County Public - Comm# 12694247 Commission Expires Jul 2, 2025 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5882 File Number: 2016-0248 FALLING WATERS APPEAL: AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5385 FOR APPROXIMATELY 35.31 ACRES ON DEAD HORSE MOUNTAIN ROAD FROM R-A, RESIDENTIAL AGRICULTURE TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE SUBJECT TO A BILL OF ASSURANCE LIMITING DEVELOPMENT TO 51 HOMES. 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agriculture to RSF-2, Residential Single Family, 2 units per acre subject to the Bill of Assurance limiting the number of homes to 51. 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. PASSED and APPROVED on 6/21/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73753926 June 30, 2016 RECEIVED JUN 3 0 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE