HomeMy WebLinkAboutOrdinance 4750 w�
ORDINANCE NO.4750 ••0 0
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AN ORDINANCE ESTABLISHING A RESIDENTIAL m„
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1555, Oom ma. 0
^O O y
OAKBROOK PHASE Il, LOCATED WEST OF RUPPLE ROADmwa i 'o O
AND EAST OF BRIDGEPORT PHASE 11, CONTAINING m� `
NOO Cy
APPROXIMATELY 11 .5 ACRES, AMENDING THE OFFICIAL o�ao m LO
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ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ..tl° o .n 0
ADOPTING THE ASSOCIATED RESIDENTIAL — . . . 0
SOV ECm
DEVELOPMENT PLAN AS APPROVED BY THE PLANNING ` a m 0
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COMMISSION = o m m o o
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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- 1 , Residential Single Family, I unit per acre, to
R-PZD 05- 1555 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 1 and 11.
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 6th day of September, 2005.
APPROVED:
By: Al
AN COOD4Mtayor ��
„aarunnnri
SONDRA SMITH, City Clerk 4.G' Y OP
'c ; FAYETTEVILLE *
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sys 6,1QkANSPr?Joh,:
�'''y„�GTON G�``��`
EXHIBIT "A"
R-PZD 05-1555
A PART OF THE SOUTH HALF (Sl /2) OF THE SOUTHEAST QUARTER (SEI /4) OF THE
FRACTIONAL SECTION I , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY ONE (3 1 )
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID EIGHTY (80)
ACRE TRACT, AND CONTINUING THENCE NO2017142"E 1069. 16 FEET, THENCE
S87049'42"E 428.22 FEET, AND THENCE S87009115"E 271 .79 FEET TO THE POINT OF
BEGINNING; THENCE S87009' 15"E 1132.44 FEET; THENCE S08° 18'00"W 225 .89 FEET;
THENCE N87000'35"W 354.57 FEET TO A FOUND IRON PIN; THENCE S02°48'25"W 146.65
FEET TO A FOUND IRON PIN; THENCE N87'1 0'22"W 327.79 FEET TO A FOUND IRON PIN;
THENCE S02050'14"W 253 .09 FEET; THENCE N87°22' 17"W 28.37 FEET; THENCE
S02049'27"W 216.23 FEET: THENCE N87' 1 0'33"W 118.38 FEET: THENCE N81 '3 1 '56"W 50.29
FEET; THENCE N87'42' 1 8"W 109.00 FEET; THENCE NO2' 1 7'42"E 452.00 FEET; THENCE
N87042'18"W 115 .00 FEET; THENCE NO2° 17'42"E 385.47 FEET TO THE POINT OF
BEGINNING AND CONTAINING 11 .506 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS.
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 II. 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.
9106105
Tracy K. Hoskins - Petitioner
1895-2 W. 6th
Fayettev'ij A 7
Signature
Washington County, AR
I certify this instrument was filed on
11 /10/2005 01 :03: 18 PM
and recorded in Real Estate
File Number 2005-00050789
Bette Stamps - Circuit Cl r
by
City Council MeeTfng of August 02, 2005 Q 1b
105
Agenda Item Number 474JD
CITY COUNCIL AGENDA MEMO .
?-D�
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: July 13, 2005
Subject: Residential Planned Zoning District for Oakbrooke Subdivision, Phase II
(R-PZD 05- 1555)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Oakbrooke Subdivision, Phase II. This action will establish
a unique zoning district for a residential subdivision on a 11 .506-acre tract located west
of Rupple Road. The proposal consists of 41 single family lots with attached and
detached residential dwelling units, as well as three lots allowing mixed use.
BACKGROUND
The property consists of a total of 11 .506 acres located west of Rupple Road, south of
Mount Comfort 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 is located adjacent to undeveloped property to the north. Planned
subdivisions are located to the south and there is existing residential development to the
east and west. The applicant has submitted a request for approval of a Residential
Planned Zoning District to the west and south of this property.
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 41 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 and driveways with a 3 ' grass separation between strips
of concrete will be encouraged, and detached garages are proposed. Of the 41 lots, 22
lots are to be single family detached units. The remaining 19 lots on the western and
northern portion of the property may be constructed as either single family detached
dwellings or townhomes with either two or three attached units. The 8 lots located along
the western property line will have rear alley access, and corresponds with the lots on
Phase I.
T6i46( a 10, .W5- Ag �
�Ff"ah '� St �Ond read i� �e.�as
City Council Me ing of August 02, 2005
Agenda Item Number
Lot 24 is proposed to be owned by the Property Owner's Association and utilized for a
club house or other supporting non-residential use. The applicant has requested that
those use units allowing Eating Places and Neighborhood Shopping be permitted on this
lot and two adjacent lots to the east (lots 24-26). Specific conditions to maintain the
integrity of the overall development are recommended in the staff report.
DISCUSSION
The Planning Commission voted 7-0-0 in favor of this request on Monday, July 11 , 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 comments regarding the density of the proposed development.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1555,
OAKBROOK PHASE II, LOCATED WEST OF RUPPLE
ROAD AND EAST OF BRIDGEPORT PHASE II,
CONTAINING APPROXIMATELY 11 .5 ACRES, MORE
OR LESS ; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED RESIDENTIAL DEVELOPMENTPLAN
M
AS APPROVED BY THE PLANNING COMSSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
#_
Section 1 : That the zone classification�of the f(lowing describe"d'property is
hereby changed as follows: CU
From RSF-1, Residential Single Fain unit per acre, t®R-PZD 05-1555 as shown in
Exhibit "A" attached hereto and marodeeaa, part hereof.
Section 2. That the change in zoning 2lassification is based upon the
"Pi
approved master development plan and development standards as shown on the
preliminary plat andiall conditions of approval determined appropriate and approved
by the Planning Commission on July 11 , 2005.
SectionM. . That�t&hjs�or ifflikEeNhall take effect and be in full force at such
time as all of the requirements of the development plan have been met.
Section 4. Tkatthe of£ieial zoning map of the City of Fayetteville, Arkansas,
is hereby a mp nde to reflect the zoning change provided in Section 1 above.
PASSEDAND APPROVED this day of 12005.
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 05-1555
A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SEI /4) OF
THE FRACTIONAL SECTION 1 , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY
ONE (31 ) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER
OF SAID EIGHTY (80) ACRE TRACT, AND CONTINUING THENCE NO201714211E
1069. 16 FEET, THENCE S8704914211E 428.22 FEET, AND THENCE S87°09' 15"E 271 .79
FEET TO THE POINT OF BEGINNING; THENCE S87°09' 15"Ef1132.44 FEET; THENCE
S08018'00"W 225 .89 FEET; THENCE N87°00'35"W 354.57/FEET TO A FOUND IRON
PIN; THENCE S02°48'25"W 146.65 FEET TO A FOUND �RON PIN; THENCE
N87010'22"W 327.79 FEET TO A FOUND IRON PIN ,THENCE\S02050114"W 253 .09
FEET; THENCE N87°22' 17"W 28.37 FEET; THENCEQS020491,271W 216.23 FEET:
THENCE N8701 0'33"W 118.38 FEET; THENCiF;N8'N81 3'1 '56"W 50.29 FEET; THENCE
N87042' 18"W 109.00FEET; THENCE NO2° 17'42VE452.00.FEET• THENGEN87;42' 18"W
115 .00 FEET; THENCE NO2° 17'42"E 385.47 FEET TOJHE POINT OF�BEGINNING
AND CONTAINING 11 .506 ACRES, MORE ORQLESS, WASHINGTON COUNTY,
ARKANSAS.
a:
t
1
7ayve r[rev1e PC Meeting of July 11 , 2005
ARKANSAS
'rtir. CI `T' Y OI' FAYIe 'I'l- EVILI, E _. ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Subdivision Committee Members
FROM: Suzanne Morgan, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: r^t� z�L July 13, 2005
R-PZD 05-1555: Residential Planned Zoning District (OAKBROOK PHASE II, 361):
Submitted by MEL MILHOLLAND for property located W OF RUPPLE RD & E OF
BRIDGEPORT PH. II. The property is zoned RSF- 1 , SINGLE FAMILY - 1 UNIT/ACRE and
contains approximately 11 .506 acres. The request is to approve a residential subdivision with 22
single family and 19 townhouse lots proposed.
Property Owner: TRACY HOSKINS Planner: SUZANNE MORGAN
Findings:
Property Description: The property consists of a total of 11 .506 acres located west of Rupple
Road, south of Mount Comfort 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 is located adjacent to undeveloped property. The applicant has submitted a request
for approval of a Residential Planned Zoning District to the west and south of this property.
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Pasture; single family residence R-A, RSF- I
South Oakbrooke Ph. I (proposed) RSF-4 & RSF- 1
East Single family homes RSF- I
West Oakbrooke Ph. I (proposed) RSF-4, RSF- I
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 41 single family dwelling units. All lots will have a front building
setback that is intended to be a build-to line, on which all homes must abut, where possible.
Common driveways are encouraged, based on information provided in the covenants. All
driveways "till be _,.,...: _,,,, Driveways are encouraged to be constructed as two narrow strips of
K:IReporis1d0051PC Reports107-11-0518-PZD 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
concrete for access with a 3-foot greenspace between (outside of the right-of-way), and detached
garages are proposed. Of the 41 lots, 22 (lots 1 - 13, 25-33) are to be single family detached units.
The remaining 19 lots on the western and northern portion of the property may be constructed as
either single family detached dwellings or townhomes with either two or three attached units.
The 8 lots located along the western property line will have rear alley access. This private alley
is 20' wide with a 12' one-way access road.
To further clarify "townhome," it is a: a row house on a small lot, which has exterior limits
common to other similar units. Title to the unit and its lot is vested in the individual owner with a
fractional interest in common areas, if any. (Source: mortgagewarehousemb. com) A townhouse
is a home that is attached to one or more other houses, but which sits directly on a parcel of land
that you also own (if you don't own the land, it is a condominium).
Process: The property on which this subdivision has been submitted consists of all and parts of
several tracts of property. The applicant has submitted a property line adjustment to create a
legal tract of land consisting of 11 .506 acres. Revisions for the property line adjustment are
being made at this time. The pFepet4y line adjustment shall be filed prior to City Council
..Side-...: ,in ,.athis requested n PZD A property line adjustment has been filed to create a
legal tract of land on which this R-PZD is being processed Approval of this R-PZD will allow
the developer to install the required infrastructure. With final plat approval, the property will be
subdivided and the property will be developed with unique development and zoning
requirements.
The following bulk and area regulations are proposed by the applicant:
ZONING CRITERIA: R-PZD 05-1463 Oakbrooke Subdivision, Phase 11
(A) Proposed Uses.
Lot Number Use Unit Type of Use
141 Unit 1 City-wide uses by right
1 -41 Unit 2 City-wide uses by conditional use
24-26 Unit 4 Cultural and Recreational Facilities
1 -41 Unit 8 Single-family dwelling
14- 18; 19-24; 34-41 Unit 9 Two-family dwelling
3441 Unit 10 Three-family dwelling
1-41 Unit 24 Home Occupations
24-26 Unit 13 Eating Places
24-26 Unit 15 1 Neighborhood Shop ing
All other uses allowed within the R-PZD zoning district shall not be permitted.
(B) Density.
For entire Subdivision
Units per acre 41 units/ 11 .506 acres = 3.56 units/acre
*The property is currently zoned RSF- 1 .
K.IReports120051PC Reports107-11-0518-P7D 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
(C) Bulk and area regulations.
Single-family Two-family Two-family Other uses
dwellings dwellings dwellings Lots 24-26
Lot minimum 47 feet minimum per 47 feet minimum per 47 feet minimum 61 feet
width dwelling/lot dwelling/lot per dwelling/lot minimum
Lot area minimum 5000 SF minimum per 5000 SF minimum per 5000 SF minimum 12,000 SF
dwelling/lot dwelling/lot per dwelling/lot
Land area per Varies. Only one dwelling 5000 SF minimum (or 5000 SF minimum 123000 SF
dwelling unit I unit per lot permitted. one lot) or one lot)
(D) Setback requirements.
Building setbacks vary. (See chart on plat for specific lot setbacks)
Front Building Setback: All lots have a 14' front building setback, which is also a build-.
to line. Therefore, all structures permitted shall be built no more than 14' from the right-
of-way, where possible.
Rear Building Setback: Range from 10' to 20' (See plat for complete chart)
Side Building Setback: Range from 0' to 10' . All single family detached or row of
townhomes permitted on these lots shall have a separation that meets building code
requirements.
(E) Height and Width. Maximum 56.5 ' height to allow for three-story structures.
(F) Building area. On any lot the area occupied by all buildings shall not exceed 60% on lots 1 -
33 and 95% on lots 34-41 .
Water & Sewer: Water and sewer lines are being extended to serve the development.
Access: Access is provided from Rupple Road and from several proposed streets within
Oakbrooke Phase I :
North: Stub-out to vacant property
South: From Oakbrooke Phase I
East: Rupple Road, a Minor Arterial
West: From Oakbrooke Phase I
Interior to the project, public streets are being provided. Most are 50' rights-of-way, with one
42 ' right-of-way (Street D). Sidewalks are located on both sides of each public street.
Adjacent Master Street Plan Streets: Rupple Road (Minor Arterial)
Street Improvements: Staff recommends the following:
K:IReporisld0051PC Reports107-11-051R-PZD 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
• An assessment for improvements along Rupple Road frontage to include
street 14' from centerline, curb and gutter, 6' sidewalk at the right-of-way,
and stone drainage.
Off-site assessment for Rupple Road Bridge over Hamestring Creek.
Tree ,Preservation: Existing: 1 . 1 %
Preserved: 0.8%
Mitigation: Six trees, on-site
Parks: The Parks and Recreation Advisory Board recommended accepting money in lieu of land
for 78 Single Family Units on March 7, 2005 . On April 4, 2005 the Parks and Recreation
Advisory Board reviewed this development again with the addition of 25 single family units
within phase II. The new recommendation was accepting money in lieu of land for 103 single
family units for phase I & II. This Phase of the development consists of 41 single family lots and
requires payment of $22,755 prior to final plat approval.
Public Comment: Staff has received numerous calls from surrounding property owners
throughout the last few months with questions and concerns regarding the proposed density and
type of use and construction. These comments have been in regard to Phase I and Phase II of the
Oakbrooke Subdivision.
Recommendation: Staff recommends the Planning Commission forward R-PZD 05-1555 to
the City Council with a recommendation of approval for the requested
rezoning and associated development plans, with the following conditions
of approval :
Conditions of Approval:
1 . Approval of construction plans for Oakbrooke Phase II are contingent upon approval
for construction plans of Oakbrooke Subdivision Phase I.
2. The final plat of Phase II may not be approved and filed until the necessary
infrastructure is installed to provide water, sewer, public access and other ordinance
requirements to all lots. If the project is contingent upon off-site water or sewer
extensions, the applicant shall be responsible for extending said lines and obtaining the
necessary easements to do so.
3 . Planning Commission determination of offsite bridge assessments. Staff recommends
that the developer be proportionately assessed for the future construction of a bridge
on Rupple Road in the amount of$2,788. 17 based on the projected impact of the 41-lot
development upon existing infrastructure. PLANNING COMMISSION
DETERMINED IN FAVOR OF A BRIDGE ASSESSMENT.
4. The developer shall be responsible to pay an assessment for improvements along the
frontage of Rupple Road to include 14' street from centerline, curb and gutter, a 6'
sidewalk at the right-of-way per Master Street Plan requirements, and storm drainage in
the amount of $ 15,900 prior to recordation of the final plat. PLANNING
K:IReporis110051PC Reports107-11-0518-PZD 05-1555 (Oakbrooke Ph. 11) - Revisedfor CC.doc