HomeMy WebLinkAboutOrdinance 4795 EXHIBIT "A"
R-PZD 05-1635
A PART OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT A POINT WHICH IS S02029' 13 "W 354.52' FROM THE
NORTHEAST CORNER OF SAID SECTION 25 AND RUNNING THENCE S02029' 13 ' W
ALONG THE EAST LINE OF SAID SECTION 25, 2272.20' TO THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, THENCE
S02046' 19"W ALONG THE EAST LINE OF SAID SECTION 25, 1985.661, THENCE
LEAVING SAID EAST LINE N87028' 15"W 1331 .05', THENCE NO2043' 19"E 661 . 13' TO
THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 25, THENCE NO2043' 19"E 661 . 12', THENCE
N87030'44"W 1322.72' TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD,
THENCE ALONG SAID ROAD CENTERLINE NO1021 '03 "E 147.71 ', NO2010127"W
113 .47', N12037'57"W 70.781, N26023'56"W 183 .581, N40016'50"W 110.501, THENCE
LEAVING SAID ROAD CENTERLINE S87009'05"E 339.76', THENCE S5505913461E
68.39', THENCE S78035'33"E 64.66', THENCE N68026' 18"E 50.69', THENCE
N40049'47"E 119.42', THENCE N6704810211E 111 .83', THENCE N4603013711E 129.81 ',
THENCE N63019' 19"E 81 .77', THENCE N3400014311E 82.98', THENCE N4105915911E
127.021, THENCE N28049' 13"E 153 .99', THENCE N31014'42"E 104.87', THENCE
N22020'43 "E 149.96', THENCE N2305213411E 226.371, THENCE N17026158"E 85 .55',
THENCE N36021 ' 17"E 103 .73', THENCE S6605710611E 223 .031, THENCE N8401912011E
226.461, THENCE N55007103 "E 80.92', THENCE N66006'39"E 126.81 ', THENCE
N54014'44"E 137.60', THENCE N5905011811E 212.341, THENCE N7301713611E 182.83',
THENCE N05055'44"W 74.86', THENCE N61 °42'53 "W 143 . 181, THENCE N54057140"E
216.601, THENCE N62050136"E 152. 12', THENCE N34°36'21 "E 95.96', THENCE
N06059'40"W 119.49', THENCE N4204414611E 440.66' TO THE POINT OF BEGINNING.
CONTAINING 136.70 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN
ROAD RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND
EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Washington County, AR
I certify this instrument was filed on
12/06/2005 02:09:57 PM
and recorded in Real Estate
File Number 2005-00054547
Bette Stamps - Ci f it Clerk
by V
04-,v
• City of Fayetteville • 1151t9—S
Staff Review Form V 7 45w
City Council Agenda Items Q PZQ 05 - �63s
or
Contracts FQ I. I. I A)
15-Nov-05
City Council Meeting Date
Jeremy Paley Planning Operations
Submitted By Division Department
Action Required :
R-PZD 05- 1635 : (Fallingwaters, 685): Submitted by H2 Engineering for property located east of Dead Horse Mountain Road.
The property is zoned R-A, Residential Agricultural, and contains approximately 136.70 acres. The request is to approve a
Residential Planned Zoning District with 255 single family dwelling units.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
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Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
_ p Previous Ordinance or Resolution # n/a
Dbortmerft Director Date Original Contract Date: n/a
Original Contract Number: n/a
2 OJr
City Attorney
/o Received in City Clerk's Office
2. - c'<' OAD
Finance and Internal Service Director Date
�� �/ Received in Mayor's Office
-><�t I
Mayo Date
Comments:
City Council Meetiof November 15, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: October 27, 2005
Subject: Rezoning for Fallingwaters (R-PZD 05- 1635)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Fallingwaters, submitted by Lambreth and Carlton
Investments, LLC. This action will establish a unique zoning district for a residential
subdivision on a 137-acre tract located east of Dead Horse Mountain Road.
BACKGROUND
The subject property consists of approximately 137 acres located south of Stonebridge
Meadows Phase II and east of Dead Horse Mountain Road. The south, east and western
limits of the subject property extend to the city limits. The property is an undeveloped,
heavily tree canopied hillside with frontage on Dead Horse Mountain Road. It is
currently zoned R-A, Residential Agricultural.
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 large lots (8,000 square feet to 39,000 square feet) and
consisting of 255 single family lots. The applicant has proposed dedication of 6.21 acres
of parkland at the peak elevation of the property and dedication of lot 231 for installation
of a water tower.
DISCUSSION
The Planning Commission voted 8-0-0 in favor of this request on October 24, 2005 . A
Planned Zoning District requires City Council approval as it includes zoning (land use)
and preliminary plat approval. Recommended conditions were approved by the Planning
Commission and are reflected in the attached staff report.
The applicant requests modification of condition of approval #24 to allow a maximum
258 single family lots. Should the City determine that the water tower should be located
off-site, the applicant proposes that lot 231 be subdivided into three lots for development.
The property is located in the Dead Horse Mountain Road Bridge Assessment Area and
will be assessed for fees proportional to the development. Recommended off-site
• City Council MeetinfWNovember 15, 2005
Agenda Item Number
improvements include improvement of Dead Horse Mountain Road adjacent to the
subject property, installation of a traffic signal at Stonebridge Road and Huntsville Road
with Phase I of the development and the construction of a right tum lane on Huntsville
Road at the aforementioned intersection.
The site is located on a steep hillside. The developer has incorporated unique street
designs and tree preservation measures to minimize the amount of impact on the hillside
as recommended in the proposed Hillside Ordinance. Several waivers for reduction of
right-of-way dedication, street width and slope of streets have been requested by the
appplicant and recommended by the Planning Commission. Tree preservation
requirements for a Planned Zoning District are being met. In addition, the applicant has
committed to preserve 40% tree canopy on each lot and required review and written
approval from a committee formed by the P.O.A. for removal of any tree greater than 4"
diameter within the side or rear building setbacks. Finding the proposal compliant with
the intent and spirit of the ordinance and compatible with developing land in the vicinity.
Staff and the Planning Commission recommend approval of this Residential Planned
Zoning District.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1635,
FALLINGWATERS, LOCATED EAST OF DEAD HORSE
MOUNTAIN ROAD, CONTAINING APPROXIMATELY
136.70 ACRES, MORE OR LESS; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
MASTER DEVELOPMENT PLAN.
BE IT ORDAINED BY THE CITY COUNCIL\F THE CITY OF
FAYETTEVILLE, ARKANSAS: /��
Section 1 : That the zone classification f the following descri�d-property is
hereby changed as follows: \
From R-A, Residential Agricultural, to R-PZD 05-1635 as shown in Exhibit "A"
attached hereto and made a part hereof.
Section 2. That the changein zoning--classification is based upon the
approved master development plan, development standards, and conditions of
approval as submitted;�determined appropriate and approved by the City Council.
A
Section 3. That this ordinance shall take effect and be in full force at such
time as all of the requirements.o£the masted velopment 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 1 above.
PASSED AND APPROVED this day of , 2005.
APPROVED:
\ By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 05-1635
A PART OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS
S02029' 13 "W 354.52' FROM THE NORTHEAST CORNER OF SAID SECTION 25
AND RUNNING THENCE S02°29' 13"W ALONG THE EAST LINE OF SAID
SECTION 25, 2272.20' TO THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF SAID SECTION 25, THENCE S02046' 19"W ALONG THE EAST LINE
OF SAID SECTION 25, 1985.661, THENCE LEAVING SAID EAST LINE
N87028' 15 "W 1331 .05', THENCE NO2043' 19"E 661 . 13' TO/THENORTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE/SOUTHEAST QUARTER OF
SAID SECTION 25, THENCE NO204311911E 661 . 12',THENCE N8703044"W 1322.72'
TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD, THENCE ALONG
SAID ROAD CENTERLINE NO 1 021 '03 "E 147:71', N02010'27"W 113.47,N 12/37'57"W
70.78', N26023'56"W 183 .58', N40016150"W`I 10.50; THENCE LEAVING�SAID ROAD
CENTERLINE S87009'05 "E 339.76', THENCE S55�591-34"E 68.39', THENCE
S78035'33 "E 64.66', THENCE N68°26' 18"E 50.69', THENCE N40049'47"E 119.42',
THENCE N67048'02"E 111 .83', THENCEN46030137"E�1-29:81 ', THENCE N63019119' E
81 .771, THENCE N340004311E 82.9813THENCE_N41059159"Ev127.02', THENCE
N28049' 1 3 "E 153 .99', THENCE N31 ° 14'42"E'104.8T,THENCE N22020'43 "E 149.96',
THENCE N23052'34"E 226.37', THENCE\N17 26'58"E 85:55', THENCE N36021 ' 17"E
103 .731, THENCE S66°5.706"E.223 .03', THENCE N84° 19'20"E 226.46', THENCE
N55007'03 "E 80.92',�THENCE N66° 06'39"E\126.81 '. THENCE N54014'44"E 137.60',
THENCE N59°50`18"Et2I2.34' THENCE N73° 1.7.36"E 182.83', THENCE
N05055'44"W 74.86', THENCE N61-04215.311W44/3 . 18% THENCE N5405714011E 216.60',
THENCE N62050136'E 152. 12; THENCE N34036121 "E 95 .96', THENCE N0605914011W
119.49', THENCEN42°44'46'NE\440.66' TO THE POINT OF BEGINNING.
CONTAINING 136.70 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN
RO:AD`RIGHT-OF-WAY� ON THE/WEST SIDE OF HEREIN DESCRIBED TRACT
AND EASE\NTS AND' R''ESTRICTIONS OF RECORD, IF ANY.
i
aye L evI e PC Meeting of October 24, 2005
ARKANSAS
TFIE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Updated on October 27, 2005
R-PZD 05-1635: Planned Zoning District (FALLINGWATERS, 685): Submitted by H2
ENGINEERING, INC. for property located E OF DEAD HORSE MTN RD. The property is
zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 136.70 acres. The
request is to approve a residential planned zoning district with 258 single family dwelling units
proposed.
Property Owner: DEWITT C. GOFF
Submitted on behalf of: LAMBERTH/CARLTON
Planner: SUZANNE MORGAN
Findings:
Property Description: The subject property consists of approximately 137 acres located south of
Stonebridge Meadows Phase II and Dead Horse Mountain Road. The south, east and western
limits of the subject property extend to the city limits. The property is an undeveloped, heavily
tree canopied hillside with frontage on Dead Horse Mountain Road. It is currently zoned R-A,
Residential Agricultural.
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 large lots ranging from 8,000 square feet @at 48) to 39,000 square feet
(lot 30) and consisting of 258 single family lots. The applicant has proposed dedication of 6.21
acres of parkland at the peak elevation of the property and dedication of lot 231 for installation
of a water tower. If the water tower is located off-site, this lot may be subdivided into 3 single
family lots meeting the bulk and area requirements set forth herein. In addition, there will be 2
lots dedicated for lift stations and 3 lots reserved for detention ponds and common area.
Process: 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 applicant requests approval of this
subdivision in six phases to stagger the final plat process and recordation of the proposed lots.
K.9Reports110051PC RepartsV0-14-051R-PZ005-/635 (Failing Waters).doc
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Stonebridge Meadows Golf Course and R-A
Subdivision Phases 11, 111, & IV
South Low Density Single family, pasture, woods Planning Area
East Low Density Single family, pasture, woods Planning Area
West Low Density Single family, pasture, woods RSF-4 & Planning Area
The following bulk and area regulations are proposed by the applicant:
R-PZD 05-1635 Falling Waters
(A) Proposed Uses.
Lots 1 -257 Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 8 Single-family dwelling
Unit 24 Home occupations
(B) Density.
For entire Subdivision
11 Units 2er acre 1258 units/ ] 36.7 acres = 1 .89 units/acre
*The property is currently zoned R-A.
(C) Bulk and area regulations.
Single-family dwellings all residential lots)
Lot minimum width 70'
Lot area minimum 8,000 square feet
Land area per dwelling unit Varies. Only one dwelling unit per lot permitted.
*The lots with the minimum width are located on the proposed cul-de-sacs.
(E) Setback requirements.
Front Building Setbacks: Range from 15 ' to 25 ', as denoted on the plat.
Rear Building Setback: 25 ' for all lots.
Side Building Setback: 15 ' for all lots.
(F) Height. Dwelling — Maximum 3 stories with a minimum 10- 12 pitch roof with modifications
to be approved by the Developer or Committee (per Covenants).
Accessory structure — 12'
K. Reportsl200PPC ReponsV0-24-051R-PZD 054635 (Falling lVaters).doc
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(G) Building area. 8,000 square feet maximum per lot
Water & Sewer: Water and sewer lines are being extended to serve the development.
Access: The applicant proposes construction of a street connecting Pumpkin Drive to the north
and Dead Horse Mountain Road to the west of the subject property with the first phase of
development. The applicant proposes the following street stub-outs:
East: Two stub-outs
South: Two stub-outs
West: One stub-out
North: One stub-out from Pumpkin Dr. to the golf course, which could potentially be
developed at some future date, and one stub-out from Street K to the north.
Adjacent Master Street Plan Streets: Dead Horse Mountain Road (Minor Arterial), Pumpkin
Ridge (Local Street)
Street Standards: The applicant requests approval for a street section very unlike those required
by ordinance. The following table represents City requirements compared to the applicant's
request. The applicant and staff have met numerous times, along with utility companies, to
determine an acceptable street cross-section for all. Additionally, much of the hillside
development guidelines being generated as part of the Hillside Preservation management
practices are being utilized. Staff is supportive of the proposed cross-sections and a waiver to
allow slopes at intersections which exceed the maximum allowed by ordinance. One
modification was made to plans submitted for Planning Commission consideration. This
modification was to the intersection of Streets C and D to reduce the slope of the intersection.
Improvement City Standard City Standard Falling Waters — Falling Waters —
Residential St Local Street Street Section A Street Section B
Right-of-ova 40' 50' 27' 33 '
Street Width 24' 28' 22' 28 '
Curb/Gutter Both Sides Both Sides Both Sides Both Sides
Sidewalk 4' One Side 4' Both Sides 5 ' — uphill slope only 5 ' — uphill slo e onl
Street Improvements: Staff recommends the following: .
Street improvements on Dead Horse Mountain Road adjacent to the subject
property, including pavement, curb, gutter, storm drain, and a 6' sidewalk at ,
the right-of-way.
Installation of a street-light traffic signal at the intersection of Huntsville
Road (Hwy 16) and Stonebridge Road. Based on the traffic study submitted
by the applicant, a traffic signal at this intersection is warranted with the
proposed development.
Construction of a right-hand turn lane on Huntsville Road (Hwy 16) at the
intersection of Stonebridge Road for eastbound traffic.
Parks: On June 6, 2005 the Parks and Recreation Advisory Board recommended accepting a
land dedication with adequate street frontage to meet the Park Land Dedication requirements of
this development.
K.IReporu12005IPC Reponsll0-24-051R.PZD 05-/635 (Falling Maters).doe
0
Currently there are no neighborhood parks within a ''/z mile radius of the proposed
development. With 258 units, this major development creates a strong need for a neighborhood
park. Additionally, this land would provide a unique recreational experience for its residents.
Tree Preservation: Existing: 85.0%
Preserved: 48.6%
Required: 25 .0%
The plat states that each lot shall maintain a minimum 40% of the existing tree canopy.
The covenants state that any existing trees greater than four inches in diameter located
within the side or rear setback of any lot cannot be removed unless approved in within by
the Developer, Committee and City Urban Forester.
Public Comment: Staff has not received any objectionable public comment.
Background: One modification was made to Sheet 4 of the preliminary plat packet. The
modification was to the intersection of Streets C and D to reduce the slope of the intersection.
Staff finds that the modified intersection is acceptable.
Recommendation: Staff recommends forwarding R-PZD 05-1635 to the City Council with a
recommendation of approval and with the following conditions:
Conditions of Approval:
1 . Planning Commission determination of street improvements. Staff recommends the
following street improvements:
• Dead Horse Mountain Road: improvements adjacent to the property (one-half
street) including pavement, curb, gutter, storm drain, and sidewalk.
• Installation of a full traffic signal at the intersection of Huntsville Road (Hwy 16)
and Stonebridge Road meeting City of Fayetteville specifications with Phase I of
the development. Based on the traffic study submitted by the applicant, a traffic
signal at this intersection is warranted. Signalization is subject to AHTD
approval; should approval not be granted, an assessment for the full amount shall
be paid prior to recordation of the Final Plat for Phase 1.
Construction of a right-hand turn lane on Huntsville Road (Hwy 16) at the
intersection of Stonebridge Road for eastbound traffic, per the traffic study
recommendation. Construction of the turn-lane is subject to AHTD approval;
should approval not be granted or there is not adequate right-of-way to install said
access, an assessment for the full amount shall be paid prior to recordation of the
Final Plat for Phase 1.
Subdivision Committee recommended in favor of street improvements.
Planning Commission recommended in favor of street improvements.
2. Planning Commission determination of the requested waiver of the City's Street Design
Standards for cross-section. The applicant requests approval ofstreet sections that do
not meet those depicted within the General Plan 2020. Staff recommends approval of
the requested street sections which will result in the reduction of disturbed area of cut
and fill and the amount of canopy disturbed (reference memo).
K:IReports120051PC ReportsV 0-24-051R-PZD 05-/635 (Falling Waters).doc
0 •
Planning Commission recommended in favor of the requested waiver of City Street
Design Standards for street cross-sections.
3 . Planning Commission determination of a waiver request to exceed the maximum grade
of 4% for the first 100' of an intersection. Staff is supportive of the requested waiver to
allow slopes at intersections which exceed the maximum allowed by ordinance
(reference memo).
Planning Commission recommended in favor of the requested waiver to exceed
maximum grade of intersections.
4. Planning Commission determination of a waiver request to exceed the maximum grade
of 10%, with a prevision to allow up to 15% for lengths not to exceed 300', for a city
street. Staff is supportive of the proposed waiver to allow streets to be constructed at
slopes which exceed the maximum allowed by ordinance (reference memo).
Planning Commission recommended in favor of the requested waiver to exceed
maximum grade of a city street.
5. Planning Commission determination of a waiver of maximum block length
requirements. Several blocks within this subdivision are greater than 1400' in length.
Staffrecommends approval of the waiver request for block lengths greater than 1, 400 '
based on the steep grades of the property.
Subdivision Committee recommended in favor of waiver request.
Planning Commission recommended in favor of the requested waiver of maximum
block length requirements.
6. Planning Commission determination of a waiver of maximum distance between street
lights. The ordinance requires one at a maximum distance of 300' ; the applicant
requests installation of one street light every 330' . Staff recommends approval of the
waiver request to allow the placement of street lights at 330 ' where the location of lot
lines will not allow for street lights to be placed with a 300 ' separation. This will allow
placement of lights at a reasonable distance at the property line.
Subdivision Committee recommended in favor of waiver request.
Planning Commission recommended in favor of the requested waiver of maximum
distance between street lights.
7. The subject property is located within the Dead Horse Mountain Road Bridge
Assessment Area. The developer shall be proportionately assessed for the future
construction of a bridge on Dead Horse Mountain Road based on the projected impact
of the development upon this infrastructure, to be paid prior to recordation of the final
plat. The amount to be paid shall be 5118,654.05 (see attached memo). Payment shall
be prior to the final plat of each phase, with each lot being assigned an assessment cost,
respectively.
8 . To support a decreased street width and right-of-way in order to develop the wooded
hillside sensitively, the applicant has proposed that each lot maintain a minimum 40%
canopy. In addition, the covenants submitted with this project propose that no tree
greater than 4" in diameter within the side and rear building setbacks shall be removed
prior to written approval from the Developer, Committee and City Urban Forester.
K:IReportst20051PC ReportsV0-24-05;R-PZD 054635 (Falling Waiers).doc