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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
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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
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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
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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