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ORDINANCE NO. 4810 0
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AN ORDINANCE ESTABLISHING A RESIDENTIAL "` owu 0C 0"o< —
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PLANNED ZONING DISTRICT TITLED R-PZD 05- 1798, 00 . o0
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DEPALMA ADDITION, LOCATED AT THE SOUTH END ^ �'o" ° o
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OF ANSON STREET, CONTAINING APPROXIMATELY O x 0
10.04 ACRES, MORE OR LESS; AMENDING THE
N N •• m _
OFFICIAL ZONING MAP OF THE CITY OF Im Nom -
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED O
MASTER DEVELOPMENT PLAN ~ _
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, 4 units per
acre, to R-PZD 05- 1798 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, development standards, and conditions of approval as submitted,
determined appropriate and approved by the City Council.
Section 3 : That this ordinance shall take effect and be in full force at such time as
all of the requirements of the master 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 1 above.
PASSED a�Gb1 VED this 20`h day of December, 2005.
ER Eq ''%
_' " • • � APPROV
; FAYETTEVILLE ' '
-�yJ •9PKANSF:C' By
COODY, Mayor
By:
SO DRA SMITH, City Clerk
EXHIBIT "A"
MDP R-PZD 05-1798
BOUNDARY DESCRIPTION:
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL
MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 14- 16-30 SAID POINT BEING A
FOUND 3/8" REBAR AND RUNNING THENCE S86043'37"E 330.06 FEET; THENCE
S02013'23 "W 1322.09 FEET; THENCE N87°31 '00"W 330.00 FEET; THENCE NO2°13'23"E
1327.05 FEET TO THE POINT OF BEGINNING CONTAINING 10.04 ACRES MORE OR
LESS, SUBJECT TO UTILITY EASEMENTS AND RIGHT OF WAY RECORD, CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
Washington County, AR
I certify this instrument was filed on
01 /20/2008 03:58:42 PM
and recorded in Real Estate
File Number 2006-00002861
Bette Stamps - Cir it Clerk
by
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City of Fayetteville
Staff Review Form
City Council Agenda Items ' l
or UQ la 41rniq
Contracts 1ekJdi f ign
20-Dec-05
City Council Meeting Date
0
Jeremy Patel Planning Operations
Submitted By Division Department
Action Required:
MDP R-PZD 05- 1798: (DePalma Addition, 487): Submitted by H2 Engineering, Inc. for property located at the south end of
Anson Street. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 10.04
acres. The request is to approve a Master Development Plan - Residential Planned Zoning District for a residential subdivision
with five single-family lots and a private street.
$0.00 n/a n/a _
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
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
Previous Ordinance or Resolution # n/a
Departm t vector v5�ate Original Contract Date: n/a
Original Contract Number: n/a
/'2 , Z - 01
City Attorney
Received in City Clerk's Office MWER11111,
Fi anc a Internal Service Director Date
Received in Mayor's Office p
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M yor Date
i
Comments:
City Council Meeting of December 20, 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: December 1 , 2005
Subject: Rezoning for DePalma Addition (R-PZD 05-1798)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for DePalma Addition, submitted by H2 Engineering, Inc. This
action will establish a unique zoning district for a residential subdivision on a 10.04-acre
tract located at the south end of Anson Road.
BACKGROUND
The subject property contains approximately 10.04 acres of undeveloped tree-canopied
hillside south of Anson Road on Mount Sequoyah. It is currently zoned RSF-4,
Residential Single-Family Four Units Per '?Acre. The applicant requests rezoning
approval for a unique R-PZD zoning district. The proposed use of the site is for a single
family development with five large single-family lots (2.00 to 2.04 acres).
DISCUSSION
The Planning Commission voted 9-0-0 in favor of this request on November 28, 2005. A
Planned Zoning District (PZD) requires City Council approval as it includes zoning
approval. Recommended conditions were approved by the Planning Commission and are
reflected in the attached staff report.
The site is located on a steep hillside. The developer has incorporated large lots with 50-
foot building setbacks off of all property lines and tree preservation measures. These
zoning requirements minimize the amount of impact on the hillside and are compatible
with the surrounding large-lot development. In addition to tree preservation requirements
for a PZD, the applicant has committed that no live tree removal will be allowed from the
building setbacks, other than for the construction of a driveway, without the prior
authorization of the City of Fayetteville Urban Forester. 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 R-PZD.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1798,
DEPALMA ADDITION, LOCATED ATTHE SOUTH END
OF ANSON STREET, CONTAINING APPROXIMATELY
10.04 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 -OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is
hereby changed as follows:
From RSF4, Residential Single-Family, 4 units per'acre, to R-PZD 05-1798 as shown
in Exhibit "A" attached hereto and made a part hereoft" ,
Section 2. That the change .in zoning classification is based upon the
approved master development plan, development' gtandards, and conditions of
approval as submitted, defermined appropriate and approved by the City Council.
Section 3. That thissordinance shall take effect and be in full force at such
time as all of the requirements4the master development plan have been met.
Section 4. That the'official zoning map of the City of Fayetteville, Arkansas,
is hereby amended to reflect tbekzoning change provided in Section I above.
PASSED AND APPROVED this day of 12005.
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
MDP R-PZD 05-1798
BOUNDARY DESCRIPTION :
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 14- 16-30 SAID POINT
BEING A FOUND 3/8" REBAR AND RUNNING THENCE S86043'37"E 330.06 FEET;
THENCE S02013'23 "W 1322.09 FEET; THENCE N87°3I'00"W 330.00 FEET;
THENCE NO2013'23 "E 1327.05 FEET TO THE POINT�OF BEGINNING
CONTAINING 10.04 ACRES MORE OR LESS, SUBJECT TO UTILITY
EASEMENTS AND RIGHT OF WAY RECORD CITY OF FAYETTEVILLE
WASHINGTON COUNTY, ARKANSAS.
4
ay PC Meeting of November 28, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: NeNr^- bef: 17, 2005 December 1, 2005
R-PZD 05-1798: Planned Zoning District (DePalma Addition, 487): Submitted by H2
ENGINEERING, INC. for property located at the SOUTH END OF ANSON STREET. The
property is zoned RESIDENTIAL SINGLE-FAMILY FOUR UNITS PER ACRE (RSF-4) and
contains approximately 10.04 acres. The request is to approve a Master Development Plan for a
Residential Planned Zoning District (R-PZD) with five single family lots and a private drive.
Property Owner: JOHN OATES Submitted on behalf of: BARBER DEVELOPMENT
Planner: ANDREW GARNER
Findings:
Property Description and Setting: The subject property consists of approximately 10.04 acres
located south of Anson Road. The property is an undeveloped, heavily tree canopied hillside on
Mount Sequoyah with right-of-way onto Anson Street. This property was included as an out-
parcel in the Biella Estates Preliminary Plat that was approved at the September 26, 2005
Planning Commission meeting. At that time it was indicated that a PZD would be processed for
this tract. The site is currently zoned and surrounded entirely by RSF-4 zoning. Surrounding
land uses include undeveloped wooded hillside to south and east, and residential single family
uses to the north and west. The Mount Sequoyah Preserve City Park is south of the property, and
property identified to be donated into this preserve as part of the Biella Estates development . is
immediately east of the site.
Proposal: The applicant requests a rezoning 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 2.00 to 2.04 acres consisting of five single-family lots.
Process: The purpose of the subject request is for a rezoning approval in order to secure
entitlement for the property with a concept of large-lot single family residential uses. As recently
approved by the City Council, an applicant has the option of presenting a Master Development
Plan — Planned Zoning District without development-level plans. This action would effectively
rezone the property based on the conceptual plans and information provided. However, it does
K. 1Reportsl20051PC Reports111-28-0518-PZD 05-1798 (DePalma Addition).doc
not give development approval. The applicant is required to return through the preliminary plat
process in order for the Planning Commission to confirm that the development plans presented
are compliant with the zoning and Master Development Plans approved by the City Council.
Bulk and area criteria, while usually provided within the staff report, have been provided in
duplicate by the applicant. The project booklet provided gives the zoning criteria in detail, as do
the Master Development Plans. Please reference this provided material for more information.
These documents are binding to the zoning of the property.
Water & Sewer: Water and sewer lines are currently available in the area, and would be
designed and constructed in accordance with city specifications to serve the development.
Access: The applicant proposes construction of a private street (20' access easement) extending
through the end of the Anson Street cul-de-sac through the site.
Adjacent Master Street Plan Streets: Anson Street (local street).
Street Improvements: The condition of Anson Street would be evaluated at the time of
development and may require improvements in accordance with Master Street Plan standards for
a local street.
Parks: The site is adjacent to the Mount Sequoyah Preserve. No onsite recreational facilities or
parkland is planned at this time.
Tree Preservation: Tree preservation and protection will be implemented in accordance with
Section 167 of the Unified Development Code at the time of development. The applicant has
committed that no live tree removal will be allowed from the building setbacks (50 feet from all
property lines), other than for the construction of a driveway, without the prior authorization of
the City of Fayetteville Urban Forester.
Public Comment: Staff has not received any objectionable public comment.
Recommendation: Staff recommends forwarding R-PZD 05-1798 to the City Council with a
recommendation of approval and with the following conditions:
Conditions of Approval:
1 . Planning Commission determination of a waiver request to reduce the required 22-foot
wide pavement section for a two-way private street to the proposed, maximum 20-foot
wide pavement section (UDC Section 166.06(B)( 10)). Staff recommends approval of
this waiver, finding that with the low density and traffic to be served by the street and
lack of connection to other streets in the area, the requested 20 foot width is adequate
on this hillside. Construction standards shall meet with City approval at the time of
development.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
K:1Reporis120051PC Reporislll-28-0518-PZD 05-1798 (De Palma Addirion).doc
( 11 /28/05).
2. Planning Commission determination of a waiver request for a dead-end private street
longer than 500 feet in length. Staff supports this request finding the Mount Sequoyah
Preserve 's significant topography and other developed property does not allow for a
reasonable street connection.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
( 11/28/05).
3 . Development on the subject property shall comply with those ordinances in effect at the
time of submittal including but not limited to the Hillside Overlay District.
4. The Master Development Plan, Statement of Commitments and Architectural Standards
submitted by the applicant shall be considered binding and tied to the zoning of the
property. Conditions of approval as noted herein and other requirements placed upon
the project with review of the Master Development Plan — Planned Zoning District by
the City Council shall also be binding.
5 . Pursuant to city ordinance, development of the property shall be approved by the
Planning Commission through the preliminary plat review process. Should a
subdivision of land be desired, all applicable ordinances and processes shall be
followed in order to meet city ordinances.
6. Prior to development approval, the applicant shall provide proof of available access
easement to this site off of the Anson Street cul-de-sac. Access to the proposed
maximum five lots shall meet with the approval of the City at the time of development,
and is subject to City ordinance for private streets. Public and private streets shall not
be gated, pursuant to City ordinance.
7. Parkland dedication requirements shall be met at the time of development. This may
include dedication of land, fees-in-lieu, or a combination thereof.
8. No live tree .removal will be allowed from the 50-foot building setbacks, other than for . .
the construction of a driveway, without the prior authorization of the City of
Fayetteville Urban Forester.
9. Water and sewer service shall be provided in accordance with City standards at the time
of development. Detailed plans shall be provided at that time.
10. Low-scale pedestrian lights shall be utilized on the private street.
PLANNING COMMISSION ADDED THIS CONDITION (11 /28/05).
K IReporu120051PC Reports111-28-0518-PZD 05-1798 (De Palma Addition).dw
ADDITIONAL CONDITIONS PLACED UPON THE APPLICANT TO REVISE THE
SUBMITTAL WERE MET WITH THE RE-SUBMITTAL PRIOR TO CITY
COUNCIL, THEREFORE THESE CONDITIONS HAVE BEEN REMOVED.
Planning Commission Action: Required: YES
❑ Approved ❑ Denied ■ Forward to City Council ❑ Tabled
PC forwarded to City Council with recommendation for approval by a vote of 9-0-0, with
Commissioner Allen making the motion and Commissioner Lack seconding.
Meeting Date: November 28, 2005
Comments:
The "Conditions of Approval' listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K.lReports120051PC Reportslll-28-0518-PZD 05-1798 (DePalmo Addilion).doc
Findings associated with R-PZD 05-1798
Sec. 166.06. Planned Zoning Districts (PZD).
(E) Approval or Rejection Criteria for Planned Zoning Districts
The following criteria shall be considered by the Planning Commission and City Council in the
review of a planned zoning district application based on the proposed master development plan:
( 1 ) Whether the application is in compliance with the requirements of the UDC and the
General Plan 2020;
FINDING: Staff finds the application to be in compliance with the Master Development
Plan Planned Zoning District criteria established by the City Council. The General Plan
2020 designates this site Residential. Rezoning this property to R-PZD 05-1798 with single
family dwelling units is consistent with the land use plan and compatible with surrounding
land uses and density within surrounding developed property.
(2) Whether the application is in compliance with all applicable statutory provisions;
FINDING: The application has been reviewed and found to be compliant with applicable
statutory provisions.
(3) Whether the general impact of the rezoning would adversely impact the provision of
public facilities and services;
FINDING: The impact of the rezoning and subsequent development would require the
provision of public facilities, at the cost of the developer. Without improvements to existing
infrastructure, the proposal would adversely affect public facilities and services. However,
as indicated in the submittal and the staff report, certain measures are to be taken to
ensure adequate infrastructure improvements are made by the developer to ensure the
level of service does not decline due to the proposed development.
(4) Whether the rezoning is compatible with the surrounding land uses;
FINDING: The rezoning request, combined with the Master Development Plan, would
allow large-lot residential uses compatible with surrounding residential uses.
(5) Whether the subject land is suitable for the intended use and is compatible with the
natural environment;
FINDING: The subject property is undeveloped hillside on Mount Sequoyah with a large
amount of tree canopy. The proposed Master Development would limit a maximum of 5
single-family dwelling units on 10 acres. The low density large lot requirement, combined
with compliance with the tree preservation ordinance would help reduce grading and
development on the steep hillside more so than allowed under current zoning, and would be
K:I Reports110051PC Repons111-18-051 R-PZD 05-1798 (DePalma Addilion).doc
compatible with the natural environment.
(6) Whether the intended land use would create traffic congestion or burden the existing
road network;
FINDING : This project would potentially result in five new single-family lots that would
generate a relatively small amount of traffic. The condition of Anson Street and other local
streets would be evaluated at the time of development to determine appropriate street
improvements that would be associated with this development.
(7) Whether the planned development provides for unified development control under a
unified plan;
FINDING : A plan and project booklet have been submitted, recognizing the zoning and
development criteria required of a Master Development Plan submittal. Typical
architectural materials and design standards are called out, in order to describe the
appearance of the community once constructed.
(8) Whether any other recognized zoning consideration would be violated in this PZD.
FINDING: Staff finds that in review of the requested rezoning, the Master Development
Plan proposed does not violate recognized zoning considerations, as found below.
(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 proposed Planned Zoning District has been reviewed in light of all
applicable development and zoning ordinances. At this time, the Master Development Plan
sets out the basic guidelines, development and zoning criteria, commitments offered by the
applicant and those recommended by staff, and design standards to ensure the proposal
will achieve a high level of compatibility with adjacent properties. Staff finds that the
proposal herein does incorporate an acceptable level of compatibility. Density, maximum
dwelling units and building area have been addressed for each lot, and tree preservation is
KAReporu120051PC Reponsl t 1-28-051R-PZD 05-1798 (DePalma Add(tion).do
proposed to meet City of Fayetteville standards, allowing for a project that enhances the
neighborhood.
(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: Screening for the proposed large -lot residential uses in this vicinity is not
required, although the proposed commitment to preserving trees in the 50 -foot building
setbacks will screen this development.
(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
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 five proposed single-family lots accessed off of a private drive ending in a
cul-de-sac would not compound traffic congestion or create a dangerous traffic condition.
Appropriate improvements to Anson Street and other potentially impacted streets would
be evaluated at the time of development.
KAReporu120051 PC Repornll/-28-05R-PZD 05-1798 (DePalma Addition).doc
(4) Parking standards. The off-street parking and loading standards found in Chapter I72
Parking and Loading shall apply to the specific gross usable or leasable floor areas of the
respective use areas.
FINDING: Standard parking ratios for the proposed single-family residential uses shall
apply.
(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: Perimeter treatment is not required with the proposed single family lots. The
Master Development Plan does require a 50 -foot building setback off of all property lines
which would provide a buffer between the residences. Further, the applicant has
committed in the zoning requirements that no live trees may be removed from the building
setbacks, except for construction of driveways, without the authorization of the City of
Fayetteville Urban Forester.
(6) Sidewalks. As required by § 166.03.
FINDING: Sidewalks and other pedestrian connections will be evaluated at the time of
development to ensure compliance.
(7) Street Lights. As required by § 166.03.
FINDING: Street lights will be provided to the project site, pursuant to city code.
(8) Water. As required by § 166.03.
FINDING: Public water will be provided to the project site, pursuant to city code.
(9) Sewer. As required by § 166.03.
FINDING: Public sewer will be provided to the project site, pursuant to city code.
(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-
KARepora120051PC Reports) 11-28-051R-PZD 05-1798 (DePalma Addition).doc
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 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:
K:lReportv12OO5iPC Reportslll-28-051R-PZD 05-1798 (DePalma Add ilion).doc
Paving Width
(No On -Street Parkinel
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: The private street/drive shall conform to city standards, which has been
indicated in the submitted statement of commitments and shown on the plat. The request
for a 20 -foot wide street is an exception from the 22 -feet required. Due to the low traffic
volume and no connectivity, staff recommends in favor of the 20 -foot wide pavement width.
The private street shall not be gated, unless permitted by express approval from the City
Council.
(11) Construction of nonresidential facilities. Prior to issuance of more than eight
building 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: The project would not result in the construction of nonresidential facilities,
other than the infrastructure required to support these five single-family lots.
(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.
A:IReports110051 PC Reports )11-28-05IR-PZD 05-1798 (DePalma Addition).doc
FINDING: A tree preservation plan shall be submitted at the time of development. The
applicant has committed that no live tree removal will be allowed from the building
setbacks, other than for the construction of a driveway, without the prior authorization of
the City of Fayetteville Urban Forester.
(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: Not applicable. This PZD does not propose any commercial structures.
(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: Mount Sequoyah is one of the prominent hillsides and scenic areas in
Fayetteville, and is a highly visible area in the center of the city. Staff finds that the low
density, lot impact nature of this development, combined with the large building setbacks
will protect the view of this development from adjacent and surrounding properties, and
will help preserve views of Mount Sequoyah.
(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.
(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
K:lReporul2005lPC Reporisill-28-05IR-PZD 05-/798 (DePa/ma Addition).doc
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.
(I) 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 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.
K:1Reports12005V'CReports111-28-051R-PZD 05-1798 (DePalma Addition).doc
(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 applicant shall comply with the above requirements, as part of the
Planned Zoning District ordinance.
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.
(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.
K. IReports12005IPC Reports l I 1-28-051R-PZD 05-1798 (DePalma Addilion).doc
(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 proposed Master Development Plan complies with the intent of the criteria
listed above by requiring large lots with large building setbacks to ensure the low -impact
development of the existing hillside and extensive tree canopy.
(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: The subject described real property is proposed to be rezoned to R-PZD 05-
1798, with one (1) Planning Area. The development standards, statement of commitments
and Master Development Plan approved shall be adopted with the rezoning.
(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.
K:IReports1200511'C Reports l t-28-051R-PZD 05-1798 (DePalma Addition).doc
(e) To encourage the efficient use of those public facilities required in connection with
new residential development.
FINDING: The proposed Master Development Plan is more appropriate for the site than
the existing RSF-4 zoning or a general rezone to a different residential zoning. The
proposed use consists of large -lot single-family residential uses consistent with the existing
surrounding, relatively low density development on Mount Sequoyah. The proposed PZD
allows zoning requirements to be enforced ensuring that these five lots will be developed in
a compatible manner with the existing Mount Sequoyah Preserve, hillside, dense tree
canopy, and residences. Existing adjacent land uses have been considered in the creation
of this zoning district, as evidenced by the large lots, building setbacks, and commitment to
tree preservation. Improvements to infrastructure may be required in order to ensure that
the local streets that serve these five lots are in adequate condition, and to extend water and
sewer to the site. By creating large lots with large building setback and a maximum
building area of 10% of the 2 -acre lots, the Mount Sequoyah Hillside and tree canopy
would be developed less intensively and intrusively than allowed under current zoning.
This type of low impact development on Mount Sequoyah is an appropriate use and benefit
to this community and Fayetteville at large.
(2) Permitted uses. All permitted uses identified within §162 Use Units of the Unified
Development Code shall be allowed as permissible uses, unless otherwise specified,
subject to City Council approval of the Planned Zoning District request.
(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.
(4) Conditional Uses. All conditional uses allowed within (Residential, Commercial,
Industrial) zoning Districts established in the Unified Development Code shall be
allowed with Planning Commission approval, unless otherwise specified, subject to the
code governing Conditional Use requests.
FINDING: See Zoning Criteria Chart within the project booklet provided by the
applicant for the uses permitted by right and by conditional use in each Planning Area as
proposed by the applicant. This project booklet, if approved, will remain on file in the
Planning Division for comparison to future development on the property.
*Required Findings for Rezoning Request.
RECOMMENDATION: Staff recommends approval of the rezoning request from RSF-4,
Residential Single Family, 4 units per acre, to R-PZD 05-1798, with the adoption of the
associated Master Development Plan.
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a
Residential Area. Rezoning this property to R-PZD 05-1798, with the associated Master
K 1Reports120051 PC RepomIll-28-051 R-PZD 05-1798 (DePalma Addition).doc
Development Plan, retains residential uses on the site. The proposed plan, commitments, design
standards and other conditions placed upon the project result in a compatible development with
surrounding land uses in the general vicinity, meeting many of the goals of the General Plan
2020 for new development.
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 of these 10 acres on Mount Sequoyah is consistent with
the General Plan 2020 policies related to the designated residential use of the
area, preservation of environmental resources, and community character.
The proposed Master Development Plan requires less intense development
than the current RSF-4 zoning, and maintains a similar large -lot density
pattern as surrounding property, which is not required under the current
RSF-4 zoning.
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 needed in order to ensure that development of this
environmentally sensitive area of Fayetteville is developed at a reasonable
density that is compatible with adjacent properties. Additionally to allow a
private street to provide for access, a Planned Zoning District is required.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Under the current RSF-4 zoning, the 10 -acre site could potentially yield 40
single-family units, resulting in approximately 400 vehicle trips per day.
Under the proposed R-PZD 05-1798 zoning, the 10 -acre site would yield a
maximum of 5 single-family units, resulting in approximately 50 vehicles
trips per day. The proposed zoning would result in potentially less vehicle
trips than the current zoning.
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: As stated in Finding No. 3 above, the proposed zoning would result in a
reduction in the number of potential residences on the property. Therefore
the population density and subsequent load on public services would also be
decreased compared to the current zoning.
K:IReports120051PC Reports) I 1-28-051R-PZD 05-1798 (DePalma Additian).doe
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:IReports120051PC Reports111-28-0518-PZD 05-1798 (DePalma Additia&.doc
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-444-3469
TO: Andrew Gamer, Planner
FROM: Alison Jumper, Park Planner
DATE: October 31, 2005
SUBJECT: Parks & Recreation Tech. Plat Review Comments
******************************************************************************
Meeting Date: November 2, 2005
Item: PZD 05-1797 Depalma Addition
Park District: SE
Zoned: RPZD
Billing Name & Address: Anthony Depalma
Current Land Dedication Requirement
Money in
Lieu
Single Family
@ .024 acre per unit = acres
_@
$555
per unit =
$
Multi Family
@ .017 acre per unit = acres
@
$393
per unit =
$
Mobile Home
@ .024 acre per unit = acres
@
$555
per unit =
$
Lot Split
@
$555
per unit =
$
COMMENTS:
• This project is adjacent to land that will be donated to the Parks and Recreation Divison
with Biella Estates.
• This project will need to be reviewed by the Parks and Recreation Advisory Board for a
recommendation regarding park land dedication requirements.
• Please contact Park Staff to coordinate submittal and meeting dates.
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ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS AND RECREATION DIVISION CORRESPONDENCE
To: H2 Engineering, Inc.
From: Sarah K. Patterson, Urban Forester
Date: October 31, 2005
Subject: Concept Review Comments
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3471
ITEM #: R-PZD 05-1798 Planned Zoning District (DePalma Addition)
TREE PRESERVATION PLAN
1. Asa Planned Zoning District, by Chapter 167 of the Unified Development
Code, the developer is required the most restrictive preservation percent;
25%.
2. A full Tree Preservation Plan will be required with the submittal of plans
for this development. This should include but not be limited to canopy
calculations, significant tree inventory, and a site analysis.
3. Staff supports running all utilities along the roadway to minimize canopy
lose during the installation of infrastructure.
4. Although lots sizes are large, restrictions on these 5 lots is recommended
to keep canopy reduction to a minimum once lots are sold to private
homeowners. These kinds of restrictions would have to be enforced by a
property owners association.
5. Currently, the Urban Forester has no jurisdiction on private property for
tree removal. Please see the note under General Project Concept on the
Master Development Plan and revise. (see note 4 above) Hillside
Ordinance will reverse this and allow for this kind of provision in Hillside
Overlay Districts such as this one.
November 7, 2005
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
R-PZD 05-1798: Planned Zoning District (Depalma Addition, 487) submitted by H2
Engineering for property located at S. End of Anson would substantially alter the
population density and thereby undesirably increase the load on police services or create
an appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department that this Planned Zoning District
will not substantially alter the population density and thereby undesirably increase the
load on police services or create and appreciable increase in traffic danger and congestion
in the area.
Sincerely, /J
Lieutenant William Brown
Fayetteville Police Department
FAYETTEVILLE
FIRE DEPARTMENT
OFFICE of the FIRE MARSHAL
TO: Planning �>
FROM: Battalion Chief Kyle S.
DATE: November 07, 2005
RE: MDP for PZD DePalma Addition
Single Family Residential:
•• All roads shall have a minimum width of 20 feet
• Hydrant spacing shall not exceed 500 feet (from last existing hydrant)
• Addresses will need to be readily visible from the street
• Driving grades over 10% present special consideration
• Driveways to structures will need to be able to support fire apparatus and give
adequate width (if located off of frontage more than 75 feet)
Fayetteville Fire Department
303 W. Center St. Fayetteville AR. 72701
R-PZD05-1798 (DEPALMA ADDITION, 487)
These 10.04 acres are covered by Engine I and Ladder I on Center Street.
The property is 2.4 miles from the station with a projected response time of 9 minutes to
this development. The 9 minute response time is above our response time goal of having
the first unit on the scene within 6 minutes, 90% of the time. Also, our goal of
assembling all responding units to the scene of a moderate risk assignment within 10
minutes, 90% of the time, will not be met. The longer than average response time is due
to the steepness of Rockwood Trail and the narrow winding road leading down to this
development.
The Fire Department anticipates I call for service (I EMS & 0 Fire/Other) once the
development is completed and maximum build -out has occurred.
If you have any questions please feel free to call or email me
Dale Riggins
Fayetteville Fire Department
From: Brent O'neal
To: Hennelly, Tom
Date: 11/10/05 12:44PM
M
Subject: Depalma Addition M-PZD--Engineering Comments
Due to the limited information provided, the comments listed below are of a general nature and do not
include requirements from other divisions that may arise later in the development process. The following
are Engineering Division comments for the above Planned Zoning District Master Development Plan:
1. Confirm the street cross-section to be proposed. Waivers for street design, cul-de-sac length, etc.,
may need to be processed. The condition of the street(s) leading to the property will need to be evaluated
with the submittal of a preliminary plat. Any off -site improvements will be determined at that time.
2. The water system for the area will need to be studied to show adequacy of pressure and flow. The
development may also be in the assessment area for pressure plane improvements.
3. More detail is required for the proposed sewer system. At present, the City has no standards for
accepting low-pressure sewer systems. Confirm that the easement for the proposed sewer would be
acceptable to the Parks Department as shown.
Brent K. O'Neal, P.E.
Staff Engineer, City of Fayetteville
125 W. Mountain
Fayetteville, AR 72701
479/575-8206
fax 479/575-8202
CC: Casey, Matt; Fulcher, Jesse; Garner, Andrew; Morgan, Suzanne; Pate, Jeremy
RPZD05-1798 DEPALMA ADDITION
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ENGINEERING, INC.
December 1, 2005
Planning Division
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: DePalma Addition - MASTER DEVELOPMENT PLAN
Applicant: The Barber Group
2921 South Old Missouri Road
Suite 5
Springdale, AR 72764
Representative: H2 Engineering
2758 Millennium Dr.
Suite 1
Fayetteville, AR 72703
Dear Planning,
Please review this letter and the attached plan sheets for our initial submittal of
the Conceptual PZD for The DePalma Addition.
Summary
The DePalma Addition is an R-PZD located in east Fayetteville just south of the
western end of Anson Street. We are proposing a 10 acre tract, currently zoned
RSF-4, be zoned so it may be split into a maximum of 5-2 acre lots.
General Project Concept
• Street and Lot Layout — This R-PZD consists of a maximum of 5 —2 acre
residential lots accessed by a 20 foot wide private drive.
• Site Plan — See Master Development Plan Sheet
• Buffer Areas — There are no buffer areas proposed for this development
although the size of the lots and the allowable bulk and area regulations
will effectively buffer these lots from neighboring properties. Fifty foot
building setbacks are being proposed on all sides of the lots to ensure
sufficient buffer from adjacent property.
• Tree Preservation Areas — This property is 100 percent wooded and any
significant trees will be located prior to the submittal of the development to
Planning Commission. The only impact this develop will have on the
existing canopy is in the proximity of the proposed access and utility
easements. No live tree removal will be allowed from the building
setbacks, other than for the construction of a driveway, without the prior
authorization of the City of Fayetteville Tree and Landscape Administrator.
• Storm Water Detention Areas and Drainage — Runoff from this site is in an
easterly direction. The increase in runoff from this property, due to the low
impact development, is negligible. No detention is anticipated for this
project.
• Undisturbed Natural Areas — This property, even after development will
remain largely undisturbed. The developer is proposing 50' front, side and
rear building setbacks. This will leave nearly 50 percent of the property
undisturbed.
• Existing and Proposed Utility Connections and Extensions — There are no
existing utilities located on this property. We are proposing that low
pressure sewer, with individual grinder pumps, be located on each lot and
be discharged into the existing 8" sanitary sewer on the back lot comer of
lots 24 and 25 of the Valley View Addition to the north. Gravity sewer is
not practical for this development, due to the low density and the lack of
downhill gravity mains in the vicinity. An existing 2 % "cast iron waterline
on the east side of Anson Street shall be extended with new P.V.C. pipe
conforming to current City of Fayetteville water line standards at the time
of installation.
• Development and Architectural Design Standards — This project will
consist of large (2 ac. Lots) with a minimum square footage of 3500 for
new homes.
• Building Elevations are not being provided at this time.
Proposed Development Phasing and Time Frame
This project consists of 1 phase. This zoning approval is intended for perpetuity.
Once a preliminary plat has been submitted for Planning Commission review, the
approval of said preliminary plat shall be good for 1 year.
Proposed Planning Areas with Proposed Zoning and Development
Standards
This project has only 1 planning area. The project will consist of five new, 2 acre
residential lots accessed by a dead end private drive. The private drive shall be
a minimum of 18 feet wide with a 50' radius off -set cul-de-sac on the southern
end. The drive shall be located in a minimum 20' access easement. The drive
shall be constructed of 6" of class 7 base under 2" of Type II or III ACHM. The
sub -grade requirements for this street shall be the same as for a city street.
Permitted uses will be single family dwellings and home occupations. The
residential unit density will be Yz units per acre. Front, side, and rear setbacks
will be a minimum of 50 feet. There will not be any height restrictions.
Materials proposed for the building are brick, hardy -board siding, metal, asphalt
shingle, or wood roofing, and stone.
LAND USE TABLE
Symbol
Land use
Density
Units
Acres
%
Res
Residential
0.5
5
10.04
100
PERMITTED USES
Unit
Description
Unit 1
City wide uses by right
Unit 8
Single
family
dwellings
CONDITIONAL USES
Unit
Description
Unit 24
Home
occupations
LAND AREA PER DWELLING UNIT
Lot number
Area
1
2.04
2
2.00
3
2.00
4
2.00
5
2.00
Analysis of the Site Characteristics
No environmentally hazardous, sensitive, or natural resource areas have been
found on this site.
Recreational Facilities
This property is adjacent to The Sequoyah Preserve on two sides. No
recreational Facilities are planned on this site.
Reason for Zoning Change Request:
To ensure, for perpetuity, the approval of a low density, low impact residential
development which promotes the preservation of Mount Sequoyah.
3
Comparison of the Proposed Master Development Plan to the Current
Zoning District Requirements
Current Zoning
Requirements
Proposed Zoning
Requirements
Description
Permitted Use Units Allowed
Use Unit 1
Use Unit 8
Use Unit 1
Use Unit 8
Use Unit 24
Conditional Uses
Use Unit 2
Use Unit 3
Use Unit 4
Use Unit 9
Use Unit 24
Use Unit 36
Current Zoning
Requirements
Proposed Zoning
Requirements
Description
Front Setback
25 Ft.
50 Ft.
Side Setbacks
8 Ft.
50 Ft.
Rear Setbacks
20 Ft.
50 Ft.
Maximum Height
None
None
Note: The existing zoning of this property is RSF-4.
Relationship to the Existing and Adjacent Land Uses
The property is bounded on all sides by RSF-4 zoned property. This project will
be similar in nature to the surrounding areas. The addition of five lots will add an
anticipated fifty vehicle trips per day to the local traffic counts. Land use and
appearance will be similar to the existing properties.
Compliance with Fayetteville General Plan 2020
This development does comply with the Fayetteville General Plan 2020
designation of the site as residential. This proposed PZD is consistent with the
General Plan 2020 residential designation.
Traffic Study
No traffic study has yet been required for this project and we do not anticipate
one being required, due to the small impact this project will have on Anson St.
Impacts on City Services
There are no significant impacts to city services associated with this project.
4
Statement of Commitments:
Dedication and On or Off -site Improvements
No right of way dedication is being proposed with this development. Utility
easements for water, sanitary sewer, electric, gas, telephone and cable
T.V. are being proposed. A 20 foot access easement will be dedicated for
the private drive.
Natural Resources and Environmental Sensitive Areas
There are no known natural resources or environmentally sensitive areas
on this site. This property contains steep topography that is completely
covered with tree canopy. It lies adjacent to the Mount Sequoyah
preserve.
Project Phasing Restrictions
The phases and estimated completion dates have been established as
presented previously herein the master plan for the project. As phasing
has been identified, described and approved as part of the PZD master
development plan, process phasing may vary from the requirements of
Chapter 166 of the UDC with regard to expiration of permits and plans.
Fire Protection
The DePalma Addition will be served by the Fayetteville Fire Department.
Station 5 is located approximately 0.8 miles away from the property as the
crow flies. This fire department could service this area via an emergency
access lane located in the recently approved Biella Subdivision. The next
nearest fire station is the Central Station located on Center Street which is
1.46 miles from the property, as the crow flies.
Other Commitments Imposed by the City
There are currently no other commitments imposed by the City.
Parks, Trails and Open Space Commitments
Tree preservation and protection will be implemented in accordance with
the City of Fayetteville code of Ordinances Title XV Unified Development
Code: Chapter 167 Tree Preservation & Protection.
Proposed Preliminary Building Elevations
No building elevations are being provided with this submittal.
Development Standards, Conditions and Review Guidelines
Screening and Landscaping
No screening or landscaping requirements are being proposed with this
development.
Traffic and Circulation
Design of the traffic and circulation on the project will be in accordance
with Section 166 of the Unified Development Code. A private drive with a
cul-de-sac on the southern end will be designed at the time of preliminary
plat submittal.
Parking Standards
No parking lots are being proposed with this development.
Perimeter Treatment
No perimeter treatment is being proposed with this development.
Sidewalks
No Sidewalks are being proposed with this development.
Street Lights
No street lights are being proposed with this development.
Water
Water lines will be designed and constructed in accordance with the City
of Fayetteville Water and Sewer Specifications. A 2 '/2 " water line is
located on the east side of Anson Street, north of the property.
Sewer
Sewer lines will be designed and constructed in accordance with the City
of Fayetteville Water and Sewer Specifications. We are proposing
pressure sewer be constructed in conjunction with individual grinder
pumps at each house. An 8" sanitary sewer line is located at the rear lot
comer of lots 24 and 25 of the Valley View Addition which we propose to
connect the pressure sewer to.
Streets and Drainage
The private drive shall be constructed of 6" of Class 7 base under 2" of
Type II or III ACHM. Engineered sub -grade material may have to be
imported depending on existing soil conditions. A minimum of 2' of red
hillside shall be required if any under cutting of streets is warranted. A
geotechnical study of existing conditions will be performed prior to design.
Drainage improvements will be installed as necessary.
Construction of Nonresidential Facilities
Other than the previously stated utilities, no nonresidential facilities are
being proposed.
6
Tree Preservation
Tree preservation and protection will be implemented in accordance with
Section 167 of the Unified Development Code. Additionally, no live tree
removal will be allowed from the 50 -foot building setbacks, other than for
the construction of a driveway, without the prior authorization of the City of
Fayetteville Urban Forester.
Architectural Design Standards
Architectural design standards shall be as follows:
Exterior shall consist of brick, stone or hardy -board. Roofing materials
shall consist of metal, wood, or architectural asphalt shingles.
Signage
No signage is proposed for this development.
View Protection
The low density, low impact nature of this development, coupled with the
large building setbacks will protect the view of this development from
adjacent and surrounding properties.
Revocations
The developer understands causes for revocation and will take all
measures necessary to avoid revocation.
Covenants, Trusts, and Homeowner Associations
There are no covenants, or trusts associated with this project at this time.
A home owners association will be formed and will collect annual dues for
the maintenance and up keep of the private drive.
In summary, this development fulfills the intent and purpose of the Planned
Zoning District ordinance by allowing for large lots with large building setbacks to
ensure the preservation of the existing hillside and extensive tree canopy in a low
density development.
Thank you for your consideration of our submittal. We look forward to working
towards a successful project with you. Please feel free to call if you have any
questions or comments.
President
H2 Engineering, Inc.
7
From: Clarice Pearman
To: Pate, Jeremy
Date: 12/28/05 1:35PM
Subject: Ords. 4804, 4807, 4808, 4809 & 4810
Jeremy,
Attached are the ordinances passed by City Council, December 20, 2005.
CC: Bell, Peggy; Deaton, Vicki; GIS
AFFIDAVIT OF PUBLICATION
I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
.pi ihllshed in Lowell, Arkansas, and that .from .my own .personal knowledge
and reference to the files of said publication, that advertisement of:
was inserted in the regular editions on
1ILu 1j& )4'f COS"
PO#
** Publication Charge: $ /3'1 I7 ci
Subsc ibed and sworn to be ore me this
____
_ day of C , 2005. _ —
liilams
Notary Public Notary Public
State of Arkansas
Py Commission Expires
My Commission jg 18- 2n1e
" Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JAN 032005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE
ORDINANCE NO. 1810
AN ORDINANCE a R-PZD 05-1798, a 798,DENTIALA Ametl TT e evi le
wrinTION, District titled PTHENDP OF A SON
SIRE TCACO AT THE SOUTH END OF ANSR
STREET, CONTAINING APATELY 10.04
ACRES, MORE OR LESS; AMENDING THE OFFICIAL ARKANSAS
ZONING MAP OF THE CRY OF PAVEETTEVIL E; AND
ADOPTING THE ASSOCIATED MASTER DEVELO MENT PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE. ARKANSAS:
EXHIBIT •A•
MDP R-PID 08-1788
HUJNWWT UtJUr1IVI IUN; I
APART OF THE NORTHWEST QUARTER OF THE NORhWEST QUARTER OF SECTON 14.TOWN.
SHIP 16 NORTH. RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN AND BEING MORE PAR-
TICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF TIE NORTHWEST
QUARTER OF SAID SECTION 14.16.30 SAID POINT BEING A FOUND 318REBAR AND RUNNING
THENCE S86043'37'E 330.06 FEET. THENCE5 S0201323*W 1322.09 FEET: THENCE NB7o31'00'W
330. 1@1 04 ACRES MORE OR E LESS, SUBJECT TO UTILRYieI TOIATSHEEPO1NT OF MENTB AND RIGAHTNING CONTNNING
OF WAY RECORD,
CITY OF FAYETTEVILLE, WASHINGTON COUNTY. ARKriNSAS.