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HomeMy WebLinkAboutOrdinance 4749 n JN CID � WO ORRDINANCE NOA 7 4 q ¢o m m C) AN ORDINANCE ESTABLISHING A RESIDENTIAL = X00 0LO PLANNED ZONING DISTRICT TITLED R-PZD 05- 1463, � oN OAKBROOKE PHASE I, LOCATED WEST OF RUPPLE ROAD _� $$ a'm AND EAST OF BRIDGEPORT SUBDIVISION, CONTAINING � a\oo cM.., l0L ' APPROXIMATELY 20.9 ACRES, AMENDING THE OFFICIAL = WCC ; " eo .va LO ZONING MAP OF THE CITY OF FAYETTEVILLE; AND = 0^;, 010 CE ADOPTING THE ASSOCIATED RESIDENTIAL -6 0010 •• ON ON DEVELOPMENT PLAN AS APPROVED BY THE "'aSmN PLANNING COMMISSION 00 .-1 0 _ � 0 000 0 0 0 0 0 y - OQLL3m LL 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 RSF-4, Residential Single Family, four units per acre and RSF- 1 , Residential Single Family, one unit per acre, to R-PZD 05- 1463 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, all conditions of approval determined appropriate and approved by the Planning Commission on June 27, 2005, and further conditioned by the City Council on the terms within the Restrictive Covenants/Bill of Assurances offered by the applicant that the units would have a minimum 1 ,400 square footage, that only lots 56 through 73 can be attached, and that Lots 52, 53, and 54 can be used only for club house and related purposes or for residential houses, and further conditioned upon the Bill of Assurance offered to the City Council on September 6, 2005, promising to subordinate 109 sewer traps from the developer's previously approved Laureate Fields subdivision to be used by Oakbrooke Subdivision Phases I and II. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this 6ht day of September, 2005. APPROVE By: �JJlA rQQODY, Mayor Y4TR� By: F\j0 :�G;G�SY FSGPN,. ONDRA SMITH, 'ty Clerk F�s c ; FAYETTEVILLE ; N, ,r • KAN N'yJ , � 1NGTON G�``�• '"�auuuWa� EXHIBIT "A" R-PZD 05-1463 A PART OF THE SOUTH HALF (S1 /2) OF THE SOUTHEAST QUARTER (SE %) OF THE FRACTIONAL SECTION I . TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY ON (3 1 ) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER, OF SAID EIGHTY (80) ACRE TRACT; THENCE NO2' 1 7'42"E 1069. 16 FEET; THENCE S87'49'42"E 428.22 FEET; THENCE S87'09' 15"E 271 .79 FEET; THENCE S02' 17'42"W 385.47 FEET; THENCE S87'42' 18"E 115.00 FEET; THENCE 502'17'42"W 452.00 FEET; THENCE S87'42'18"E 109.00 FEET; THENCE S81 '31 '56"E 50.29 FEET; THENCE 587' 10'33"E 118.38 FEET; THENCE 502'49'27"W 173 .53 FEET; THENCE 587' 10'42"E 254.30 FEET; THENCE S25'22'44"W 64.97 FEET TO THE SOUTH BOUNDARY OF SAID 80 ACRE TRACT; THENCE N87' 10'42"W 1319.64 TO THE POINT OF BEGINNING AND CONTAINING 20.9 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. • • Y � `I� � Z56 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for R-PZDs 05-1463 and 05-1555 known as Oakbrooke Subdivision Phases I and II, the Owner/Developer of this property, Tracy K Hoskins voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/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 reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner agrees to subordinate 109 sewer taps from the second (or last) Phase of Petitioner's approved subdivision known as Laureate fields, for the benefit of Oakbrooke Subdivision Phases I and 11. The Petitioner agrees to pay any appropriate Sewer Improvement District Impact Fees that may exist at the time, if in the event that the final phase, or any portion thereof, of said Laureate Fields comes on-line prior to the completion of the City's west side sewer treatment plant. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Tracy K Hoskins, as the owner, developer, or Petitioner voluntarily offer all such assurances and sign my name below. 9/06/05 Tracy K. Hoskins - Petitioner 1895-2 W. 6th Fayette v'fj g 7 �iSignatu?e Washington County, AR I certify this instrument was filed on 11 /10/2005 01 :02:45 PM and recorded in Real Estate File Number 2005-00050768 Bette Stamps - Circuit Clerk by p 21� City Council Ol eting of July 19, 20050 Agenda Item Number t4 -74q R,#OZz) CITY COUNCIL AGENDA MEMO C 5 , 141a3 �QKb�W�- To: Mayor and City Council Pham }— Thru : Gary Dumas, Director of Operations �, Qp From : Jeremy C. Pate, Director of Current Planning)( Date: June 28, 2005 Subject: Residential Planned Zoning District for Oakbrooke Subdivision, Phase I (R-PZD 05- 1463) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Oakbrooke Subdivision, Phase I. This action will establish a unique zoning district for a residential subdivision on a 20.882-acre tract located west of Rupple Road, south of Newbridge Road. The proposal consists of 68 single family lots with attached and detached residential dwelling units. BACKGROUND Property Description: The property consists of a total of 20. 882 acres located west of Rupple Road, south of New Bridge Road. The property is mainly large open pasture and developed for one single family residence. This area was incorporated into the City of Fayetteville in August of 2004 with the annexation of all islands of County property. The property is zoned RSF- 1 and RSF-4 and located adjacent to single family subdivisions to the north, west, and south, all of which are zoned RSF-4. There is a natural drainage feature on the site, along which the majority of the tree canopy on the site exists. Proposal: The applicant requests a rezoning and preliminary plat approval for a residential subdivision within a unique R-PZD zoning district. The proposed use of the site is for a single family development with traditional American style bungalows and American tudor houses encouraged consisting of 68 single family dwelling units. All lots will have a front building setback that is a build-to line, on which all homes will be constructed, where possible. Common drives will be encouraged. All driveways within the property are proposed to be constructed as two narrow strips of concrete for access, and detached garages are proposed. Of the 68 lots, 58 shall be single family detached units. The remaining 10 lots on the eastern portion of the property may be constructed as either single family detached dwellings or townhomes with either two or three attached units. Each of these 10 lots will have rear alley access. This private alley is 20' wide with a 12 ' one-way access road. 1Ahltd Sb At /49kar! #U Wird am /es �Zi t an '/ie rit�CCadJi�79 8/02/^05 __ 4ell an #U, 7 ir$1 • City Council Oleting of July 19, 2005 Agenda Item Number DISCUSSION The Planning Commission voted 9-0-0 in favor of this request on Monday, June 27, 2005. Approval of a planned zoning district requires City Council approval as it includes zoning (land use) as well as development approval (preliminary plat). Recommended conditions were approved by the Planning Commission, which are reflected in the attached staff report. Additionally, staff has made some minor alterations to the conditions to reflect the intended rezoning request. Public discussion included the affect of the proposed development on the value of surrounding properties, compatibility, street connectivity and access to the open space/tree preservation area. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1463, OAKBROOKE PHASE I, LOCATED WEST OF RUPPLE ROAD AND EAST OF BRIDGEPORT SUBDIVISION, CONTAINING APPROXIMATELY 20.9 ACRES, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING COMMISSION 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 RSF-4, Residential Single Family, four units per acre and RSF- 1 , Residential Single Family, one unit per acre, to R-PZD 05- 1463 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 and all conditions of approval determined appropriate and approved by the Planning Commission on June 27, 2005 . Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this 19'h day of July, 2005. APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" R-PZD 05-1463 A PART OF THE SOUTH HALF (S1 /2) OF THE SOUTHEAST QUARTER (SE 1/2) OF THE FRACTIONAL SECTION 1 , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY ON (31 ) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER, OF SAID EIGHTY (80) ACRE TRACT; THENCE NO2' 1 7'42"E 1069. 16 FEET; THENCE S87'49'42"E 428.22 FEET; THENCE S87'09' 15"E 271 .79 FEET; THENCE S02' 17'42"W 385.47 FEET; THENCE S87'42' 1 8"E 115 .00 FEET; THENCE S02' 17'42"W 452.00 FEET; THENCE S87'42' 18"E 109.00 FEET; THENCE S81 '31 '56"E 50.29 FEET; THENCE S87' 10'33 "E 118.38 FEET; THENCE S02'49'27"W 173 .53 FEET; THENCE S87' 10'42"E 254.30 FEET; THENCE S25'22'44"W 64.97 FEET TO THE SOUTH BOUNDARY OF SAID 80 ACRE TRACT; THENCE N87' 10'42"W 1319.64 TO THE POINT OF BEGINNING AND CONTAINING 20.9 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. The current owner of the property proposed as Oakbrooke is Tracy K Hoskins of Paradigm Development, Fayetteville , AR The idea behind the Oakbrooke development is to create a neighborhood with an "old fashioned" character, as opposed to a typical "snout-house' subdivision. Oakbrooke will have homes available to a wider range of families from varied social/economic backgrounds. Large family homes will not over-power beginner, or more affordable homes. Interaction between diverse groups of residence is expected and encouraged . Oakbrooke homes would be located forward on the lot to Create an exterior neighborhood "room" in the street. Smaller side setbacks help create the exterior public space by i decreasing the amount of negative space in the unused side yards. Homes will have usable front porches pulled close to 3 sidewalks to encourage interaction among neighbors and create a buffer between the private residence and the public space of the street Garages are located to the rear of the lots to move the blank garage door "face' away from the home Private space is created in the back yards using the garages as screening devices. Automobiles are moved from the front of the lot to the rear and paving is minimalized by the insertion of green space within the drive. The homes in Oakbrooke say, ' People live here, not cars' . All roads lead home in Oakbrooke. There are no "dead end" streets. but friendly access is given to all areas Connectivity is supplied to all surrounding developments, both existing and future. Intersections and streets are designed to be as convenient to pedestrians as they are to automobiles. Sidewalks are located on both sides on the street to allow safe passage for pedestrians and interaction among friends Spaces for public gardens and landscaping are included to create community pride among neighbors and to help establish a sense of "place" and arrival As with the surrounding developments, Oakbrooke will be a single family residential neighborhood However, Oakbrooke will strive for character which is lacking in nearby developments By not using stock plans but specifically designing each home for each lot Oakbrooke strives to raise the standard of residential development in the Rupple Road area Maintaining existing trees is fundamental to the Oakbrooke Development The flexibility to design around trees and land features requires smaller setback dimensions. Each home will have usable rooms in the front of the house as opposed to locating them to the rear This gives the neighborhood 'eyes on the street" and creates a safer and friendlier environment. Custom signage and street lighting will help establish the individual character of Oakbrooke Principle reasons for the PZD request are for smaller building setback dimensions and greater variety in the type of single family home offered Both water and sanitary sewer services are available to the site through the extension of existing 8" mains Tracy K. Hoskins Paradigm Development Paradigm Fayetteville, Arkansas 1 1 1 1 1 adtn e bd eKan pLe PT J � _ (P A W N O O O J MIA ti J co c� 0i mm 11.4 W Y i 1 v :s „ - . . � ,ate• +• - � � Ik � . �; • t �_ 1 mmmomw 1 A ^ t i h � f - r i Am L � 0 v O rt jF k ,'