HomeMy WebLinkAboutOrdinance 4480 4480
ORDINANCE NO,
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED JACKSON
PLACE (R-PZD 03-01 .00) LOCATED SOUTH OF
SKILLERN ROAD AND EAST OF CROSSOVER ROAD;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the zone classification of the following described property is
hereby changed as follows:
From R- 1 , Low Density Residential and A- 1 , Agricultural to R-PZD 03-01 .00 as shown '
Exhibit "A" attached hereto and made a part hereof. .
Section 2. That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the preliminary plat for
Jackson Place and approved by the Planning Commission on March 24, 2003 .
Section 3. That this ordinance shall not take effect and be in full force until
approval of the final plat for the subdivision.
Section 4. That all conditions of approval of the subdivision as approved by the
Planning Commission shall be satisfied prior to the issuance of a final plat.
Section 5 . That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this the 6`h day of May, 2003 .
. LL APP ED:
i Rt DAN COODYtMayor
By
Sondra Smith, City ClerkDOC ID : IIff
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded : 05/19/20030atT5 PM
02e34R2
Fee Amt : $ 11 . 00 Paae 1 o0 2
Nashlnoton county . AR
Bette staws circuit Clerk
F11e2003-00027521
EXHIBIT "A"
PROPERTY TO BE REZONED
JACKSON PLACE R-PZD 03-1.00
PART OF THE SOUTH HALF (S %2) OF THE NORTHWEST QUARTER (NW '/<) OF
SECTION 31 IN TOWNSHIP 17 NORTH OF RANGE 29 WEST OF THE 5T"
PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS : COMMENCING AT THE NW CORNER OF THE SE /40F THE NW '/4
OF SAID SECTION 31 , BEING A FOUND PK NAIL IN THE LOCATION AS
SHOWN ON A SURVEY PLAT RECORDED AS LAND RECORD DOCUMENT #96-
016141 ;
THENCE S89033144"E ALONG THE NORTH LINE OF SAID 80 ACRE TRACT
119.66 FEET TO THE EXTENSION OF AN EXISTING WOOD RAIL FENCE;
THENCE S00004'00"E 32.85 FEET TO A POINT IN THE CENTER OF SKILLERN
ROAD FOR THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID CENTERLINE S00004'00"E AND ALONG A WOOD
RAIL FENCE 646. 14 FEET; THENCE N89034'22"W 540.71 FEET TO A FOUND
IRON PIN; THENCE N00°01 '40"E 679.08 FEET TO THE NORTH LINE OF THE SW
'/< OF THE NW ''A OF SAID SECTION 31 , SAID POINT BEING IN OLD WIRE
ROAD AND FROM WHICH A REFERENCE IRON BEARS S00001 '40"W 25 .68
FEET;
THENCE S89033144"E ALONG SAID NORTH LINE 419.94 FEET TO THE NE
CORNER OF THE SW '/4 OF THE NW %4 OF SAID SECTION 31 ;
THENCE S89033944"E 21 .83 FEET TO THE CENTER OF SKILLERN ROAD;
THENCE ALONG THE CENTERLINE OF SKILLERN ROAD THE FOLLOWING
BEARINGS AND DISTANCES : S54°43 '46"E 34.25 FEET; S75009' 18"E 42.07 FEET;
S84003 ' 35"E 29.39 FEET TO THE POINT OF BEGINNING, CONTAINING 8.37
ACRES, MORE OR LESS. THE ABOVE DESCRIBED TRACT BEING LOCATED
IN THE CITY OF FAYETTEVILLE, WASHIGNTON COUNTY, ARKANSAS AND
IS SUBJECT TO THE RIGHT OF WAY OF OLD WIRE ROAD AND SKILLERN
ROAD ALONG THE ENTIRE NORTH BOUNDARY, AND TO ALL EASEMENTS
OR RIGHTS OF WAY OF RECORD OR FACT.
Washington rounty, A was filed on
tolmen10 ettill 003102'34 5 Estate
and recorded2003-0p02152A
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File e S mPs . circa
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NAME OF FILE: Ord. No. 4480
CROSS REFERENCE:
Item # Date Document
1 05/06/03 jOrd. No. 4480
2 03/28/03 IStaff Review Form w/attachments:
draft ordinance
memo to mayor/city council
memo to planning commission
copy of Close up View
copy of One Mile View
2nd draft ordinance
3 05/12/03 . memo to Dawn Warrick
4 05/15/03 Affidavit of Publication
NOTES:
5/19/2003 Filed @ Wash. Co. Courthouse
NORTI#VEST ARKANSA@ EDITION
A&insas Demomt Cfiazette
AFFIDAVIT OF PUBLICATION
I , A
do solemnly swear that I am
LegeAl Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference to the files of said publication , the advertisement of:
was inserted in the regular editions on
** Publication Charge : $
Subscribed and sworn to before me this
day of JA 12003.
o
Notary Publ
pfflclal Seel N
AMtp,p LLE rases
My Com ission wma1� A^ a
,NASHINGTuLP,` � 1 -05
MY COmmissw� ExP
" Please do pay from Affidavit.
An invoice will be sent
FIFCF Eo
MAY 1 g Zoo
C;RY CLERKS OFFICE
212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
ORDINANCE NO. 4480
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED JACKSON PLACE (R-PZD 03-
01.00( LOCATED SOUTH OF SKILLERN ROAD AND EAST OF
CROSSOVER ROAD; AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF FAYLTTEMI I F City of
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF � 11e
FAYETTEVILLE, ARKANSAS:
Section 1. That the zone classification of the folbwing described property Is hereby charged as follows:
From R.I. Lpw Density Residental and A-1. AgnWhiral to R-PZO 03-01.00 as shown In ExNdl 'A"
stiached hereto end meds a pert hereof.
Section 2. That the tlhange in zorhvhg classification is based upon this approved master development plan
and devalopnhanl standards as shown on the Prelirttlnary plat for JaCkson Place and approved by CM
Flooring Commeslon an March 24. 2003.
Section 3. That this ordinance shell hot taka effect end be in lull face until approval of the final plat for
the subdivision.
Section 4: That all conditiau of approval of Ther subdivision as approval by The Pahang Commission
shall be eetisfietl poor to the Issuance of a Thai plat.
Section 5. That the official zoning map of the City of Fayetteville, Arkensas, Is hereby amerided to reflect
the zor i charge provided n Section t above.
PASSED and APPROVED this the 8th &y of May, 20ML
APPROVED:
By:
DAN GOODY, Mayor
ATTEST:
By:
Sondra Shen, City Clerk
EWIBIT 'Am
PROPERTY TO BE REZONED
JACKSON PLACE R-PID 03-1.00
PART OF THE SOUTH HALF IS J OF THE NORTHWEST OUARTER (NW J OF SECTION 31 IN
TOWNSHIP 17 NORTH OF RANGE 29 WEST OF THE STH PRINCIPAL MERIDIAN, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE BE _ OF
THE NW _ OF SAID SECTION 31, BEING A FOUND PK NAIL IN THE LOCATION AS SHOWN ON A
SURVEY PLAT RECORDED AS LAND RECORD DOCUMENT #96.016141;
THENCE S89-33'440E ALONG THE NORTH UNE OF SAID 80 ACRE TRACT 119.66 FEET TO THE
EQENSION OF AN EXISTING WOOD RAIL FENCE; THENCE S00'04'00'E 32.85 FEET TO A POINT IN
THE CENTER OF SKILLERN ROAD FOR THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID CENTERUNE S00`04'00'E AND ALONG A WOOD RAIL FENCE 646.14 FEET;
THENCE N89.34'22 W 540.71 FEET TO A FOUND IRON PIN; THENCE N00'01'40'E 679.08 FEET TO
THE NORTH UNE OF THE SW _ OF THE NW _ OF SAID SECTION 31, SAID POINT BEING IN OLD
WIRE ROAD AND FROM WHICH A REFERENCE IRON BEARS S00'01'40'W 25.68 FEET;
THENCE S89-33'44'E ALONG SAID NORTH UNE 419.94 FEET TO THE NE CORNER OF THE SW _
OF THE NW_ OF SAID.SECTION 31;
THENCE S89'33'44'E 21 :63 FEET TO THE CENTER OF SKILLERN ROAD; THENCE ALONG THE
CENTERUNE OF SKILLERN ROAD THE FOLLOWING BEARINGS AND DISTANCES: S54943'48'E
3425 FEEL S75009'10'E 42.07 FEET; S84003'35'E 29.39 FEET TO THE POINT OF BEGINNING,
CONTAINING 6.37 ACRES, MORE OR LESS. THE ABOVE DESCRIBED TRACT BEING LOCATED IN
THE CITY OF FAYETTEVILLE, WASHIGNTON COUNTY, ARKANSAS AND IS SUBJECT TO THE RIGHT
OF WAY OF OLD WIRE ROAD AND SKILLERN ROAD AL NG THE ENTIRE NORTH BOUNDARY, AND
T EASEMENTS OR RIGHTS OF WAY OF RECORD R FACT.
RECOVED
MAY 19 2003
MY OF FAYE17EVILLE
CnY CLERICS OFFICE
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman
City Clerk's Division
Date: May 12, 2003
Re: Ordinance 4480
Attached hereto is a copy of the above ordinance passed by the City Council, May 6, 2003,
establishing a residential planned zoning district, R-PZD 03-01 .00.
The original ordinance will be microfilmed and filed in the city clerk's office. This ordinance will
also be filed at the circuit clerk's office at the Washington County Courthouse. If anything else is
needed please let the city clerk's office know.
/cbp
Attachment(s)
cc: Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
[v.L,fl ,�usln? s
GAFF AGENDA REQUEST AM �/ 1-,5-
FOR:
�FOR: COUNCIL MEETING OF April 15, 2003 5 5oD j
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THROUGH: Tim Conklin, AICP, Director of Community Planning &
Engineering Services
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
R-PZD 03-1.00: Planned Zoning District Jackson Place was submitted by Phil Hagan of Crafton, Tull
& Associates on behalf of T-Crow, LTD for property located at the south of Skillern Road and east of
Crossover Road. The property is zoned A-1, Agricultural and R-1, Low Density Residential and
contains approximately 8.37 acres with 14 residential lots proposed.
APPROVED FOR AGENDA:
i n
Zoning & Development Administrator DD t� e
Director of Community Date
Planning & Engineering Services
City Atto ney Date
Chief Amin. Officer Date
3�a3
Mayor Date
• ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED JACKSON
PLACE (R-PZD 03-01 .00) LOCATED SOUTH OF
SKILLERN ROAD AND EAST OF CROSSOVER ROAD;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the zone classification of the following described property is
hereby changed as follows:
From R- 1 , Low Density Residential and A- 1 , Agricultural to R-PZD 03-01 .00 as shown in
Exhibit "A" attached hereto and made a part hereof.
Section 2. That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the preliminary plat for
Jackson Place and approved by the Planning Commission on March 24, 2003 .
Section 3 . That this ordinance shall not take effect and be in full force until
approval of the final plat for the subdivision.
Section 4. That all conditions of approval of the subdivision as approved by the
Planning Commission shall be satisfied prior to the issuance of a final plat.
Section 5. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this the 15`h day of April, 2003 .
APPROVED:
By:
DAN COODY, Mayor
By:
Sondra Smith, City Clerk
•
FAYETTIVILLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs.
DATE: March 28, 2003
Project: R-PZD 03-1 .00: Planned Zoning District (Jackson Place, pp 255) was submitted by
Phil Hagan of Crafton, Tull & Associates on behalf of T-Crow, LTD for property located south
of Skillem Road and east of Crossover Road. The property is zoned A- 1 , Agricultural and R- 1 ,
Low Density Residential and contains approximately 8 .37 acres with 14 residential lots proposed.
BACKGROUND
The proposal is for a 14 lot R-PZD. There is floodplain and wetlands on site which are located to
the west, which is at the rear of residential lots. A detention pond will be constructed in the
floodplain. Some filling will be done in order to make the lots have 6,000 square feet outside of
the floodplain. Street improvements are planned to Old Wire Road to include the addition of
curb, gutter, and storm drainage. A new street is proposed with water and sewer extensions. The
proposal meets all R- 1 zoning requirements with the exception of lot width. Lots 6, 7 and 8 are
not 70 feet in width at the front building setback as required in an R- 1 district. However, staff has
found that the lots are still adequate to build the proposed residential structures. Draft Covenants
have been submitted with restrictions similar to those of the Brookbury subdivision located to the
south. This item must also be heard at City Council pursuant to the requirements for a PZD.
CURRENTSTATUS
On March 24, 2003, the Planning Commission voted 9-0-0 to forward this item to the City
Council with a recommendation for approval of the R-PZD zoning contingent upon the approved
development plan.
RECOMMENDATION
Staff recommends approval of the requested R-PZD.
K. Reporisld0031CC REPOR7SL4pril meesingsbpzd 03-/_jnckson plare_cc memo.doc
FAYETT1VILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
1 ] 3 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs.
DATE: March 28, 2003
Project: R-PZD 03-1 .00: Planned Zoning District (Jackson Place, pp 255) was submitted by
Phil Hagan of Crafton, Tull & Associates on behalf of T-Crow, LTD for property located south
of Skillern Road and east of Crossover Road. The property is zoned A- 1 , Agricultural and R- 1 ,
Low Density Residential and contains approximately 8 .37 acres with 14 residential lots proposed.
BACKGROUND
The proposal is for a 14 lot R-PZD. There is floodplain and wetlands on site which are located to
the west, which is at the rear of residential lots. A detention pond will be constructed in the
floodplain. Some filling will be done in order to make the lots have 6,000 square feet outside of
the floodplain. Street improvements are planned to Old Wire Road to include the addition of
curb, gutter, and storm drainage. A new street is proposed with water and sewer extensions. The
proposal meets all R- 1 zoning requirements with the exception of lot width. Lots 6, 7 and 8 are
not 70 feet in width at the front building setback as required in an R- 1 district. However, staff has
found that the lots are still adequate to build the proposed residential structures. Draft Covenants
have been submitted with restrictions similar to those of the Brookbury subdivision located to the
south. This item must also be heard at City Council pursuant to the requirements for a PZD.
CURRENTSTATUS
On March 24, 2003, the Planning Commission voted 9-0-0 to forward this item to the City
Council with a recommendation for approval of the R-PZD zoning contingent upon the approved
development plan.
RECOMMENDATION
Staff recommends approval of the requested R-PZD.
K:IReports120031CC REPORrSUpril meeringsbpzd 03-1pckson plare_cc memo.doc
Planning Commission •
March 24, 2003
R-PZD 03-1 .00: Planned Zoning District (Jackson Place, pp 255) was submitted by
Phil Hagan of Crafton, Tull & Associates on behalf of T-Crow, LTD for property located
at the southeast comer of Crossover and Skillern Road. The property is zoned A- 1 ,
Agricultural and R- 1 , Low Density Residential and contains approximately 8.37 acres
with 14 residential lots proposed.
Aviles: Next on our agenda this evening is R-PZD 03- 1 .00 for Jackson Place
submitted by Phil Hagan of Crafton, Tull & Associates on behalf of T-
Crow Ltd. for property located at the southeast corner of Crossover and
Skillem. The property is zoned A- 1 , Agricultural and R- 1 , Low Density
Residential and contains approximately 8.37 acres with 14 residential lots
proposed. There are 15 conditions of approval. Ten through fifteen are
standard. Do we have signed conditions?
Edwards: We do not.
Aviles: Thank you. Sara, can you give us the staff report please?
Edwards: Yes. This is an R-PZD, which incorporates both the subdivision approval
and a rezoning approval. The proposal is a 14 lot subdivision. Right now .
it is zoned both R- 1 and A- l . There are floodplains and wetlands on the
site which are located to the west. The detention pond will be constructed
within the floodplain and some filling will be done within the floodplain to
allow for the . lots to have 6,000 sq.ft. of buildable area. Street
improvements are planned for Old Wire Road to include curb, gutter, and
storm drainage. A new street is proposed interior to the subdivision with
water and sewer extension. The proposal meets all of the R- 1 zoning
requirements with the exception of lot width. Lots 6, 7, and 8 are not 70'
in width at the front building setbacks as required in an R- 1 district.
However, they will remain buildable for the size of structure that is
proposed. Draft covenants have been submitted with restrictions similar
to those found in the Brookbury subdivision located to the south. I would
like to point out that this item must also be heard at City Council for
approval. Tree preservation, right now existing on site is 80. 1 %, the
proposal is for 52.8% to remain. We are recommending that this be
forwarded to the City Council with a recommendation of approval of the
requested rezoning and that Planning Commission approve the proposed
development subject to the conditions as part of this staff report. Also, we
have incorporated findings required for a Planned Zoning District and the
associated rezoning and found this development to meet all the required
findings.
Aviles: Thank you very much. I am going to go ahead and read the conditions of
approval. 1 ) Planning Commission recommendation to the City Council
regarding the rezoning of the subject property to the unique district for R-
PZD 03- 1 .00 with all conditions of approval as determined by the
Planning Commissio •
March 24, 2003
Planning Commission. 2) Planning Commission determination of
required off -site improvements. Staff is recommending that curb, gutter,
and storm drainage be added to Old Wire Road immediately adjacent to
the site. 3) Lots will not be permitted to access Old Wire Road. 4) All
signs must be approved by Planning Commission at the time of final plat
approval. 5) A final plat must be processed prior to the sale of any lots.
6) All utilities shall be placed underground. 7) An ordinance creating
this R-PZD shall be approved by City Council. 8) The detention pond
shall be enlarged to allow for the removal of the drainage swale to rear of
lots 6 through 8 in order preserve trees and a vegetative buffer along the
rear of these lots. 9) Easements along the rear of lots 4 thorough 8 shall
be relocated to the fronts of these lots in order to preserve trees and a
vegetative buffer along the rear of these lots. 10) Plat Review and
Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility
representatives. 11) Staff approval of final detailed plans, specifications
and calculations (where applicable) for grading, drainage, water, sewer,
fire protection, streets (public and private), sidewalks, parking lot(s) and
tree preservation. The information submitted for the plat review process
was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply
with City's current requirements. 12) Payment of parks fees in the
amount of $7,215.00 ( 13 new units @ $555) 13) Sidewalk construction
in accordance with current standards to include a minimum six foot
sidewalk with a ten foot greenspace along Old Wire and a minimum four
foot sidewalk with a six foot greenspace on both sides f the proposed
street. 14) Large scale development shall be valid for one calendar year.
15) Prior to the issuance of a building permit the following is required:
Grading and drainage permits; Separate easement plat for this project that
shall include the tree preservation area. Is the applicant present?
Zimmerman: Hello, my name is Julie Zimmerman with Crafton, Tull & Associates and I
am here on behalf of the owner. I don't have a presentation but I will be
glad to try to answer any questions you might have.
Aviles: Thank you very much. I will go ahead and take public comment. Is there
any member of the public that would like to address us on this Residential
Planned Zoning District? Yes, please come up and give us your name,
address, and the benefit of your opinion please.
Calloway: My name is Pauline Calloway. My address is 3061 Skillem, which is next
door to this property. I don't like the idea of a concrete fence so that
would be one thing I would want to know about if they were going to put a
concrete fence up. I know that is the other one.
Aviles: No, I don't think we have one proposed for this.
Planning Commissio•
March 24, 2003
Calloway: Another thing that I'm not sure about is the trees. Some of the trees are
very, very large and even though they are not on my property they are
toward the back of my property and I am wondering if they are going to be
gone. Someone from some place up here was going to come out and walk
the property with me and we were going to discuss some of these things.
The lines are going to be underground is that right? The house nearest the
street, I don't see how it can be as large as they say the house is going to
be on this small of a lot. Also, that brings to mind, if they straighten that
road out and they put the stop signs on Old Wire, Skillern Road they
already drive very, very fast and if that road is straightened out with stop•
signs I don't know how the people will ever get out.
Aviles: We actually went through this at agenda and I remember the intersection
pretty well. Do you have any other questions?
Calloway: No.
Aviles: We will try to go through those and have the applicant and the staff
answer your concerns.
Calloway: Ok.
Aviles: Thank you very much. Is there any other member of the public that would
like to address on this Planned Zoning District?
Quattlebaum: My name is Charlotte Quattlebaum, I live at 3040 Summershade Drive. I
am actually Ms. Calloway's backdoor neighbor. I had two concerns on
the property. One is drainage. There is a small drainage area on Ms.
Calloway's property and it is about 10' back from my property that drains
down into this area. Our biggest concern is that that drainage area still
goes, that it will drain out into that creek and doesn't back up into the
property. The second one was the tree cover with the large trees that are at
the back of the property. Phil Hagan did volunteer to walk that property
but that property has quite a bit of water on it right now. We are wanting
to follow up with them on that and to do over the trees that would be
removed as well as how that drainage is going to work flowing down to
the creek.
Aviles: Thank you. I will close public comment now. Would you like to go
ahead and respond to these questions?
Zimmerman: For the comment about the drainage ditch along the south side of the
property, it was one of the concerns, I believe Sam Turner is also a
property owner along the south side and he was more concerned about
saving the trees rather than the drainage issue so we proposed to remove
the swale along the south property line and locate any proposed utilities to
Planning Commission •
March 24, 2003
the front of the lots of 4, 5, 6, 7, and 8 and save the trees rather than the
drainage swale and then we will try to collect as much offsite drainage as
we can in the street and upsize the storm sewer and the detention pond if
necessary. It is basically we will do either thing, we will either work on
saving the trees or we will keep the drainage swale, whichever you want
us to do.
Aviles: That can be a dynamic process during the design of this development?
Zimmerman: Yes.
Aviles: Sara, can you add to that about the intersection?
Edwards: I did also talk to Perry about this issue today and what we will do as a city
is go ahead and place a stop sign on Old Wire and at the entrance to this
development as well as leave the one on Skillern Road until we can
determine what the best thing will be and if there are some intersection
redesign that needs to be done we need to look at that. For right now we
are willing to leave that stop sign to control speeds.
Estes: From the plat material that we have I notice that we have before us
Jackson Place a Planned Zoning District Bentonville, Arkansas. I think it
is a splendid idea that we exercise superintendence authority over
Bentonville I just wanted to know what is our statutory authority for doing
so.
Zimmerman: That was a little accident
Aviles: I assume you will get a new cover sheet before this goes any further.
Zimmerman: Definitely.
Shackelford: Sara, on the stop sign issue, you said there would be a stop sign on Old
Wire Road. Will that be a stop sign for traffic that is coming south on Old
Wire Road as well as traffic that is going east? Will there be two stop
signs there or will there be one?
Edwards: It will be for traffic going south.
Shackelford: So the traffic coming off
of Hwy. 265
and
going
east, if
they are
continuing on through that S
corner they will
not
have a
stop sign
correct?
Edwards: That is right.
Hoover: I have a comment, I was reading carefully through the notes here and I
wish I would've noticed this earlier, I would like staff to confirm this and
Planning Commissiu
March 24, 2003
talk about this a little bit here. It says that maximum density served by a
cul-de-sac is 40 units, this is a requirement we have in our PZD? I am just
curious because now I am relating it something else that came through
tonight.
Conklin: We have a Residential street that states a maximum 24 hour volume is 300
to 500 vehicles per day. A single-family home produces about 10 trips per
day so it is within that range.
Hoover: You are saying that is how we determined to establish 40 units is the
maximum number we could put on a cul-de-sac?
Conklin: That is similar to our Master Street Plan standard.
Aviles: Commissioners? I will go ahead and make a motion to approve this PZD
subject to all staff comments. You have not signed those, do you have any
questions about any of those?
Zimmerman: No, I did fax it back.
Aviles: Ok,
so we will go ahead with the 15 conditions as
stated in the agenda. I
am
making this motion because every since I
joined
the Planning
Commission however many years ago I have been
looking
for a PZD and
it is
my pleasure to make a motion to approve one before
I'm off. With
that
being said I will make a motion.
Ward: I will second.
Aviles: . I have a second by Commissioner Ward.
Shackelford: I am still somewhat concerned about traffic on that corner. If you are
coming east on Old Wire and you don't have a stop sign and you are
coming through an intersection where there are stop signs from two
directions I am still not sure that we have alleviated the situation of trying
to get off of Skillern Road and out of this neighborhood. Obviously this
goes beyond this development and we don't need to slow down this
development for this question but at what point will the city readdress that
issue and look at the overall safety of that intersection?
Edwards: Our Traffic Superintendent, Perry Franklin, wants to leave the stop sign on
Skillern while we look at how it works with this new street coming in. We
are not willing to make a final commitment as to how that intersection
design will work until we see how that functions. Long term our goal is to
keep the traffic free flowing on Skillern. Once we get it better designed
we are going to need to narrow that intersection.
Planning Commissil
March 24, 2003
Shackelford: Thank you.
Aviles: Is there anybody else?
Ostner: I have a question. I am not certain but it looks like this street is 24' wide
curb to curb. I wanted to thank you for that. That is an option, you
could've gone bigger and I think that is the way to go. I appreciate that.
Aviles:
Roll Call:
Renee, would you call the roll please?
Upon the completion of roll call the motion to approve R-PZD 03-1.00
was approved by a vote of 9-0-0.
Aviles: The motion carries unanimously. Thank you.
R-PZD 03-1.00
Page 1
PC Meeting of March 24, 2003
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Jackson Place, R-PZD
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, Zoning and Development Administrator, A.I.C.P.
FROM: Sara Edwards, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: March 24, 2003
Project: R-PZD 03-1.00: Planned Zoning District (Jackson Place, pp 255) was submitted by
Phil Hagan of Crafton, Tull & Associates on behalf of T -Crow, LTD for property located at the
southeast corner of Crossover and Skillern Road. The property is zoned A-1, Agricultural and R-
1, Low Density Residential and contains approximately 8.37 acres with 14 residential lots
proposed.
Findings: The proposal is for a 14 lot R-PZD. There is floodplain and wetlands on site
which are located to the west, which is at the rear of residential lots. A detention pond will be
constructed in the floodplain. Some filling will be done in order to make the lots have 6,000
square feet outside of the floodplain. Street improvements are planned to Old Wire Road to
include the addition of curb, gutter, and storm drainage. A new street is proposed with water and
sewer extensions. The proposal meets all R- I zoning requirements with the exception of lot
width. Lots 6, 7 and 8 are not 70 feet in width at the front building setback as required in an R-1
district. However, staff has found that the lots are still adequate to build the proposed residential
structures. Draft Covenants have been submitted with restrictions similar to those of the
Brookbury subdivision located to the south. This item must also be heard at City Council
pursuant to the requirements for a PZD.
Tree Preservation: Existing: 80.1%
Proposed: 52.8%
Recommendation: Forward to City Council with recommendation of approval of the
requested rezoning.
Planning Commission approval of the proposed development subject to
the conditions listed below.
Conditions to Address / Discuss:
Planning Commission recommendation to the City Council regarding the rezoning of the
subject property to the unique district for R-PZD 03-1.00 with all conditions of approval
as determined by the Planning Commission.
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2. Planning Commission determination of required off -site improvements. Staff is
recommending that curb, gutter, and storm drainage be added to Old Wire Road
immediately adjacent to the site.
Lots will not be permitted to access Old Wire Road.
4. All signs must be approved by Planning Commission at the time of final plat approval.
A final plat must be processed prior to the sale of any lots.
6. All utilities shall be placed underground.
An ordinance creating this R-PZD shall be approved by City Council.
8. The detention pond shall be enlarged to allow for the removal of the drainage swale to
rear of lots 6 through 8 in order preserve trees and a vegetative buffer along the rear of
these lots.
9. Easements along the rear of lots 4 thorough 8 shall be relocated to the fronts of these lots
in order to preserve trees and a vegetative buffer along the rear of these lots.
Standard Conditions of Approval:
10. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
11. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval. All improvements shall comply with City's current
requirements.
12. Payment of parks fees in the amount of $7,215.00 ( 13 new units @ $555)
13. Sidewalk construction in accordance with current standards to include a minimum six
foot sidewalk with a ten foot greenspace along Old Wire and a minimum four foot
sidewalk with a six foot greenspace on both sides f the proposed street.
14. Large scale development shall be valid for one calendar year.
15. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. Separate easement plat for this project that shall include the tree preservation area.
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Page 3
c. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by §158.01 "Guarantees in Lieu of Installed
Improvements" to guarantee all incomplete improvements. Further, all improvements
necessary to serve the site and protect public safety must be completed, not just
guaranteed, prior to the issuance of a Certificate of Occupancy
e. Parks fees paid and/or deed recorded and copy received.
Background:
The project was reviewed at the February 26, 2003 Technical Plat Review and the March 13,
2003 Subdivision Committee Meeting.
Discussion at the Subdivision Committee meeting included the common area, location of utilites,
drainage, and street improvements.
The Subdivision Committee forwarded the Residential Planned Zoning District to the full
Planning Commission subject to all staff comments.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
Comments:
CITY COUNCIL ACTION:
Date:
Comments:
yes Required
Approved Denied
The "CONDITIONS
OF
APPROVAL", beginning on page
one of this report, are accepted in total
without exception by
the
entity requesting approval of this
development item.
Title
Date
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Page 4
Findings associated with R-PZD 03-1.00
Sec. 166.06. Planned Zoning Districts (PZD).
(B) Development standards, conditions and review guidelines
(1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose
and intent as set forth in Chapter 161 Zoning Regulations, and the development standards
and review guidelines set forth herein. Primary emphasis shall be placed upon achieving
compatibility between the proposed development and surrounding areas so as to preserve and
enhance the neighborhood. Proper planning shall involve a consideration of tree preservation,
water conservation, preservation of natural site amenities, and the protection of watercourses
from erosion and siltation. The Planning Commission shall determine that specific
development features, including project density, building locations, common usable open
space, the vehicular circulation system, parking areas, screening and landscaping, and
perimeter treatment shall be combined in such a way as to further the health, safety, amenity
and welfare of the community. To these ends, all applications filed pursuant to this ordinance
shall be reviewed in accordance with the same general review guidelines as those utilized for
zoning and subdivision applications.
FINDING: The proposal includes residential development with lots and structures similar in
size to the adjacent neighborhood to the south. Tree preservation has been considered with
51.4% of the existing canopy to remain after the infrastructure is completed. The Landscape
Administrator has recommended approval of the associated tree preservation plan. There is no
development planned within the floodway with some fill to be placed in the floodplain
associated with lot development and construction of the detention pond. Proper erosion control
and siltation methods will be utilized and final design will be completed prior to permitting.
(2) Screening and landscaping. In order to enhance the integrity and attractiveness of the
development, and when deemed necessary to protect adjacent properties, the Planning
Commission shall require landscaping and screening as part of a PZD. The screening and
landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of
the development plan, a detailed screening and landscaping plan shall be submitted to the
Planning Commission. Landscape plans shall show the general location, type and quality
(size and age) of plant material. Screening plans shall include typical details of fences, berms
and plant material to be used.
FINDING: Due to surrounding residential uses no screening has been proposed.
(3) Traffic circulation. The following traffic circulation guidelines shall apply:
(a) The adequacy of both the internal. and external street systems shall be reviewed in
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light of the projected future traffic volumes.
(b) The traffic circulation system shall be comprised of a hierarchal scheme of local
collector and arterial streets, each designed to accommodate its proper function and in
appropriate relationship with one another.
(c) Design of the internal street circulation system must be sensitive to such
considerations as safety, convenience, separation of vehicular and pedestrian traffic,
general attractiveness, access to dwelling units and the proper relationship of different
land uses.
(d) Internal collector streets shall be coordinated with the existing external street system,
providing for the efficient flow of traffic into and out of the planned zoning development.
(e) Internal local streets shall be designed to discourage through traffic within the
planned zoning development and to adjacent areas.
(f) Design provisions for ingress and egress for any site along with service drives and
interior circulation shall be that required by Chapter 166 Development of this code.
FINDING: The interior street has been designed to residential street standards which is
adequate to serve the 14 lots proposed. Old Wire Road is a minor arterial and is being
improved as part of this development. Sidewalks are proposed along Old Wire Road and both
sides of the proposed residential street. The residential street will end in a cul-de-sac which
will not allow for through traffic but will provide for adequate access for service vehicles.
(4) Parking standards. The off-street parking and loading standards found in Chapter 172
Parking and Loading shall apply to the specific gross usable or leasable floor areas of the
respective use areas.
FINDING: Off-street parking is not required for single family residential development.
(5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all
uses of land or structures shall meet the open space, buffer or green strip provisions of this
chapter of this code.
FINDING: Buffers and screening are not required between single family residential
developments.
(6) Sidewalks. As required by § 166.03.
FINDING: Sidewalks are proposed in conformance with current standards.
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(7) Street Lights. As required by § 166.03.
FINDING: Street lights are proposed in conformance with current standards.
(8) Water. As required by § 166.03.
FINDING: Water is proposed in conformance with current standards
(9) Sewer. As required by.166.03.
166.03.
FINDING: Sewer is proposed in conformance with current standards
(10) Streets and Drainage. Streets within a residential PZD may be either public or
private.
(a) Public Streets: Public streets shall be constructed according to the adopted standards
of the City.
(b) Private Streets. Private streets within a residential PZD shall be permitted subject to
the following conditions:
(i) Private streets shall be permitted for only a loop street, or street ending with a cul-de-
sac. Any street connecting one or more public streets shall be constructed to existing
City standards and shall be dedicated as a public street.
(ii) Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
(iii) All grading and drainage within a Planned Zoning District including site
drainage and drainage for private streets shall comply with the City's Grading
(Physical Alteration of Land) and Drainage (Storm water management) Ordinances.
Open drainage systems may be approved by the City Engineer.
(iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 80 units.
(v) The plat of the planned development shall designate each private street as a "private
street."
(vi) Maintenance of private streets shall be the responsibility of the developer or
of a neighborhood property owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund shall
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R-PZD 03-1.00
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be established by the PZD covenants. The covenants shall expressly provide that the
City is a third party beneficiary to the covenants and shall have the right to enforce
the street maintenance requirements of the covenants irrespective of the vote of the
other parties to the covenants.
(vii) The covenants shall provide that in the event the private streets are not maintained as
required by the covenants, the City shall have the right (but shall not be required) to
maintain said streets and to charge the cost thereof to the property owners within the
PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes
and shall have a lien on the real property within the PZD for such cost. The protective
covenants shall grant the City the right to use all private streets for purposes of
providing fire and police protection, sanitation service and any other of the municipal
functions. The protective covenants shall provide that such covenants shall not be
amended and shall not terminate without approval of the City Council.
(viii) The width of private streets may vary according to the density served. The following
standard shall be used:
Paving Width
(No On -Street Parking)
Dwelling
Units
One -Way
Two -Way
1-20
14'
22'
21+
14'
24'
*Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended.
(ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private
streets within a PZD.
(x) There shall be no minimum building setback requirement from a private street.
(xi)The developer shall erect at the entrance of each private street a rectangular sign, not
exceeding 24 inches by 12 inches, designating the street a "private street" which
shall be clearly visible to motor vehicular traffic.
FINDING: A public residential street is proposed which conforms to current standards.
(11) Construction of nonresidential facilities. Prior to issuance of more than eight building
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permits for any residential PZD, all approved nonresidential facilities shall be constructed. In
the event the developer proposed to develop the PZD in phases, and the nonresidential
facilities are not proposed in the initial phase, the developer shall enter into a contract with
the City to guarantee completion of the nonresidential facilities.
FINDING: There are no non-residential facilities proposed.
(12) Tree preservation. All PZD developments shall comply with the requirements for tree
preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of
trees shall be considered when planning the common open space, location of buildings,
underground services, walks, paved areas, playgrounds, parking areas, and finished grade
levels.
FINDING: Please see attached memo form the Landscape Administrator
(13) Commercial design standards. All PZD developments that contain office or
commercial structures shall comply with the commercial design standards as set forth in
§ 166.14 Site Development Standards and Construction and Appearance Design Standards for
Commercial Structures.
FINDING: There are no office or commercial structures proposed.
(14) View protection. The Planning Commission shall have the right to establish
special height and/or positioning restrictions where scenic views are involved and shall
have the right to insure the perpetuation of those views through protective covenant
restrictions.
FINDING: N/A
(E) Revocation.
(1) Causes for revocation as enforcement action. The Planning Commission may recommend to
the City Council that any PZD approval be revoked and all building or occupancy permits be
voided under the following circumstances:
(a) Building permit. If no building permit has been issued within the time allowed.
(b) Phased development
schedule.
If the applicant does not
adhere to the phased
development schedule
as stated
in the approved development
plan.
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(C) Open space and recreational facilities. If the construction and provision of all common
open spaces and public and recreational facilities which are shown on the final plan are
proceeding at a substantially slower rate than other project components.
Planning staff shall report the status of each ongoing PZD at the first regular meeting of
each quarter, so that the Planning Commission is able to compare the actual development
accomplished with the approved development schedule. If the Planning Commission
finds that the rate of construction of dwelling units or other commercial or industrial
structures is substantially greater than the rate at which common open spaces and public
recreational facilities have been constructed and provided, then the Planning Commission
may initiate revocation action or cease to approve any additional final plans if preceding
phases have not been finalized. The city may also issue a stop work order, or discontinue
issuance of building or occupancy permits, or revoke those previously issued.
(2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent
to the landowner or authorized agent giving notice of the alleged default, setting a time to
appear before the Planning Commission to show cause why steps should not be made to
totally or partially revoke the PZD. The Planning Commission recommendation shall be
forwarded to the City Council for disposition as in original approvals. In the event a PZD is
revoked, the City Council shall take the appropriate action in the city clerk's office and the
public zoning record duly noted.
(3) Effect. In the event of revocation, any completed portions of the development or those
portions for which building permits have been issued shall be treated to be a whole and
effective development. After causes for revocation or enforcement have been. corrected, the
City Council shall expunge such record as established above and shall authorize continued
issuance of building permits.
(F) Covenants, trusts and homeowner associations.
(1) Legal entities. The developer shall create such legal entities as appropriate to undertake and
be responsible for the ownership, operation, construction, and maintenance of private roads,
parking areas, common usable open space, community facilities, recreation areas, building,
lighting, security measure and similar common elements in a development. The city
encourages the creation of homeowner associations, funded community trusts or other
nonprofit organizations implemented by agreements, private improvement district, contracts
and covenants. All legal instruments setting forth a plan or manner of permanent care and
maintenance of such open space, recreation areas and communally -owned facilities shall be
approved by the City Attorney as to legal form and effect, and by the Planning Commission
as to the suitability for the proposed use of the open areas. The aforementioned legal
instruments shall be provided to the Planning Commission together with the filing of the
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R-PZD 03-1.00
Page 10
final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a
preliminary form.
(2) Common areas. If the common open space is deeded to a homeowner association, the
developer shall file with the plat a declaration of covenants and restrictions in the Guarantee
that will govern the association with the application for final plan approval. The provisions
shall include, but not necessarily be limited to, the following:
(a) The homeowner's association must be legally established before building permits are
granted.
(b) Membership and fees must be mandatory for each home buyer and successive buyer.
(C) The open space restrictions must be permanent, rather than for a period of years.
(d) The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
(e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment
levied by the association must be stipulated as a potential lien on the property.
FINDING: The proposed covenants have been submitted which establish a property owners
association with responsibility for maintenance of the common area.
Sec. 161.25 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned developments whose purpose is redevelopment, economic
development, cultural enrichment or to provide a single -purpose or mixed -use planned
development and to permit the combination of development and zoning review into a
simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the
development proposed for the district can accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
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(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and integration
of economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive
and
innovative planning
and design of mixed use yet
harmonious developments consistent
with
the guiding policies
of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
FINDING: The proposal is for a single use residential development. The rezoning of the
property to a planned zoning district may be deemed appropriate due the compatibility of the
proposal with adjacent properties.
(B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in
accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning
parcel shall be described as a separate district, with distinct boundaries and specific design and
development standards. Each district shall be assigned a project number or label, along with the
designation "PZD". The rezoning shall include the adoption of a specific master development
plan and development standards.
FINDING: Staff has reviewed the proposed development with regard to findings necessary
for rezoning requests. Those findings are attached to this report. An ordinance will be drafted
in order to create this Planned Zoning District which will incorporate all conditions placed on
the project by the Planning Commission. Covenants provided by the developer will be
included in the PZD ordinance. This ordinance will be forwarded to the City Council for
approval.*
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R-PZD 03-1.00
Page 12
(C) R - PZD, Residential Planned Zoning District.
(1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered
residential developments and to accommodate single -use residential developments that are
determined to be more appropriate for a PZD application than a general residential rezone. The
legislative purposes, intent, and application of this district include, but are not limited to, the
following:
(a) To encourage a variety and flexibility in land development and land use for
predominately residential areas, consistent with the city's General Plan and the orderly
development of the city.
(b) To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land, can be
planned on a total basis.
(c) To provide a harmonious relationship with the surrounding development, minimizing
such influences as land use incompatibilities, heavy traffic and congestion, and excessive
demands on planned and existing public facilities.
(d) To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
(e) To encourage the efficient use of those public facilities required in connection with new
residential development.
FINDING: The proposal provides a harmonious relationship with surrounding development
by providing compatible residential development while efficiently providing city services by
constructing a single street with adjacent water and sewer lines. The residential street provides
a way for service vehicles to serve the site from a residential street rather than from Old Wire
Road, a minor arterial. The stream on site is not being disturbed and will be protected from
erosion and siltation during site development.
(2) Permitted uses.
Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
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R-PZD 03-1.00
Page 13
Unit
10
Three-family dwellings
Unit
12
Offices, studios and related services
Unit
13
Eating places
Unit
15
Neighborhood shopping
Unit
19
Commercial recreation, small sites
Unit
24
Home occupations
Unit
25
Professional offices
Unit
26
Multi -family dwellings
FINDING: The proposal is for Use Unit 8 Single-family dwellings, which is a permitted use in
an R-PZD.
(3)
Condition.
In no
instance shall the residential use area be less than fifty-one percent
(51%)
of the gross
floor
area within the development.
FINDING: The proposed development meets this requirement with 100% of the gross floor
area to be used for residential purposes.
*Required Findings for Rezoning Request.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-PZD03-1.00 is consistent with the land use plan and compatible with surrounding land uses
in the area.
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: The proposed zoning is consistent with the General Plan 2020 which
designates the site Residential. This is also consistent with current land use
planning objectives, principles and policies and with land use and zoning
plans.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning
is justified in that the
majority of the
site
is currently
zoned for residential
purposes with areas on.the south and
east
sides located
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R-PZD 03-1.00
Page 14
within the
A-1,
Agricultural zoning
district. Surrounding
uses are
residential
and
are compatible with
the proposed planned
zoning district.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger
and congestion. Improvements to the intersection of Skillern and Old Wire
Roads which will be installed as a part of this development will alleviate some
of the existing traffic congestion in this area.
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: The proposed zoning will provide 14 single family residential lots. The
average number of persons per unit in Fayetteville is 2.21, this will equate to
approximately 31 additional persons in this area. This increase in population will
not alter the population density in a manner which undesirably increases the load
on public services including schools, water, and sewer facilities.
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
K.: IREPOR7S120031PCREPOR7S103-241R-PID- JACKSON PLACE. DOC
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Overview Legend
Master Street Plan
Subject Property Boundary C,m Fwry/Elrmoxey
E ® PZD031.00 r_, planning
1 Arse
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Streets o c Overlay District Minor Arbriel
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Miles
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED JACKSON
PLACE (R-PZD 03-01.00) LOCATED SOUTH OF
SKILLERN ROAD AND EAST OF CROSSOVER ROAD;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ACCORDING TO THE
ASSOCIATED DEVELOPMENT PROJECT AS
APPROVED BY THE PLANNING COMMISSION\
BE IT ORDAINED BY THE CITY
FAYETTEVILLE, ARKANSAS:
THE CITY OF
Section 1: That the zone classification of the following descnbed.property is
hereby changed as follows: �t
From R-1, Low Density Residential. and A-1, Agr
in Exhibit "A" attached hereto and made a part
to R-PZD 03-01.00 as shown
Section 2. That the change\in z !id\gsclass fca'tion is based upon the
approved master development plan and developmentstandards as shown on the
preliminary plat for Jackson'Place and approved by the Planning Commission on
March 24, 2003.
Section 3.
approval of=thT.f.
the
is hereby
By:
all
take effect and be in full force until
of approval of the subdivision as approved by
led prior to the issuance of a final plat.
e official zoning map of the City of Fayetteville, Arkansas,
the zoning change provided in Section 1 above.
PASSED Afl APPROVED this day. of , 2003.
Sondra Smith, City Clerk
APPROVED:
DAN COODY, Mayor