HomeMy WebLinkAboutOrdinance 4830 Doc ID : 009702180006 TVoe : REL
Recorded : 02/28/2006 at 09 : 57 : 52 AM
Fee Amt : $23 . 00 Paae 1 of 6
Mashlnaton County . AR
Bette Stamps Circuit Clerk
ORDINANCE NO. 4830 File 2006-00008169
AN ORDINANCE ESTABLISHING A RESIDENTIAL - -
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1735,
PADDOCK ROAD, LOCATED SOUTHWEST OF THE
INTERSECTION OF PADDOCK ROAD AND HAPPY
HOLLOW ROAD; CONTAINING APPROXIMATELY
9.77 ACRES; 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 RSF-4, Residential Single-Family, 4 units per acre,
to R-PZD 05- 1735 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 I above.
PASSED and APPROVED this 7 h day of February, 2006.
APPROVE .
By:
DAN COODY, Mayor
By: %a(x .\TY ' .�9SG,'�
O DRA SMITH, City Clerk a 0�•e. ;I
: V. : G
c : FAYETTEVILLE ;
TOS 0,
:�v�,y,pKANSPS Jam`
EXHIBIT "A"
R-PZD 05-1735
PART OF THE NWI /4 OF THE SWI/4 OF SECTION 14, TOWNSHIP 16 NORTH,
RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID
NW 1 /4 OF THE SW 1 /4; THENCE ALONG THE EAST LINE OF SAID NW 1 /4 OF THE
SWI /4 S02046'39"W 20.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
PADDOCK ROAD; THENCE ALONG SAID SOUTH LINE N87°07'09"W 15 .00 FEET TO
THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF PADDOCK ROAD
AND THE WEST RIGHT-OF-WAY LINE OF HAPPY HOLLOW ROAD AND THE
POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE
S02046'39"W 368.72 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE
S87006'49"E 15 .00 FEET TO A FOUND IRON PIN ON THE EAST LINE OF SAID NW 1/4
OF THE SWI /4; THENCE ALONG SAID EAST LINE S02°46'39"W 303 . 19 FEET TO A
FOUND IRON PIN; THENCE DEPARTING SAID EAST LINE N87006'50"W 627.69
FEET TO A FOUND IRON PIN; THENCE NO2°46'07"E 239.05 FEET TO A FOUND
IRON PIN; THENCE NO2044'01 "E 452.81 FEET TO A POINT ON THE NORTH LINE OF
SAID NW1 /4 OF THE SWI/4; THENCE ALONG SAID NORTH LINE S87°07'09"E
460. 10 FEET TO A FOUND IRON PIN; THENCE DEPARTING SAID NORTH LINE
S02049' 16"W 20.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
SAID PADDOCK ROAD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE
S87007'09"E 152.99 FEET TO THE POINT OF BEGINNING, CONTAINING 9.77
ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
EXHIBIT °B"
R-PZD 05-1735
CONDITIONS OF APPROVAL
AS AMENDED AND APPROVED BY THE CITY COUNCIL
1 . Planning Commission determination a waiver request from the minimum street grade
requirements of 10% and 15% for a maximum of 300' in hilly terrain to allow the following:
i. Paddock Road — 12.3% from Sta 0+50 to Sta 5+30
ii. Acacia Drive — 12.4% from Sta 0+50 to Sta 3+00 and 14.7% from Sta 3+00 to
Sta 5+10
After significant review and coordination between the developer and City Engineering, staff'
recommends approval of the requested waivers of typical street standards.
CITY COUNCIL DETERMINED IN FAVOR (02-07-06)
2. Planning Commission determination a waiver request from minimum street grade of 4% for
100' from an intersection to allow the following:
i. Happy Hollow Road and Acacia Drive — 5.4%
ii. Acacia Drive and Street 1C — 10.26%
iii. Street 1C and Street 3 — 12.97%
After significant review and coordination between the developer and City Engineering, staff
recommends approval of the requested waivers of typical street standards.
CITY COUNCIL DETERMINED IN FAVOR (02-07-06)
3 . A waiver request of minimum residential street radius of 150' . The applicant requests the
following minimum radii:
i. Paddock Road and Street 113 — 50'
ii. Street 1 A and Street 2 — 75'
iii. Street I and Street 3 — 75 '
After significant review and coordination between the developer and City Engineering, staff
recommends approval of the requested waivers of typical street standards.
CITY COUNCIL DETERMINED IN FAVOR (02-07-06)
4. A waiver request from minimum street standards for the width of Paddock Road and Acacia
Drive. Staff recommends that the applicant modify the southern stub-out from 23 ' street
width to a minimum 24 ' street width. Additionally, the street width on either side of the
proposed landscape islands located within the principal east-west street shall be a minimum
20 ', which may require the increase of right-of-way or reduction of the width of the
landscape islands.
CITY COUNCIL DETERMINED IN FAVOR (02-07-06)
5 . Planning Commission determination of appropriate street alignment. Staffrecommends that
the stub-out to the west be realigned either to the north or south so that it does not terminate
adjacent to two property owners. This will potentially create problems should either
property owner desire to develop and require the dedication ofthe other 's propertyfor right-
of-way.
CITY COUNCIL AMENDED (02-07-06). THE WEST STREET STUB-OUT SHALL
BE RELOCATED TO THE NORTH TO ALLOW COMPLETE STREET
CONSTRUCTION TO THE ADJACENT (NORTH) PROPERTY OWNER'S
EASTERN PROPERTY LINE.
6. Planning Commission determination of a waiver of parking regulations described in Ch.
172.04A which prohibits backing vehicles into public right-of-way to allowing perpendicular
(90°) parking north of Paddock Road for the Mount Sequoyah Preserve park land. Staff
recommends approval of the requested waiver finding that the proposed parking on Paddock
Road will not create a dangerous traffic situation. Access to those lots on Paddock Road will
be provided by an access easement leaving the street relatively clear of residential vehicular
movements and Paddock Road will not be a through street.
CITY COUNCIL DETERMINED IN FAVOR (02-07-06)
7. Planning Commission determination of street improvements, to include the following:
a. Installation of a 14' wide street from centerline of Happy Hollow Road, including 14'
pavement, curb, gutter, storm drains, and a 6' sidewalk.
b. The construction of 15 parking spaces and a landscape island north of Paddock Road to
serve as parking for the Mount Sequoyah Park.
CITY COUNCIL DETERMINED IN FAVOR (02-07-06)
8. Dedication of right-of-way in conformance with the Master Street Plan and/or approved
waivers for street standards for all interior streets and 35' right-of-way from centerline of
Happy Hollow Road.
9. Structures located on lots adjacent to Happy Hollow Road shall be constructed to face Happy
Hollow Road.
10. Any landscape island shall be exclusive of the right-of-way, owned, and maintained by the
Property Owner's Association.
11 . Zoning and development criteria shall be enforced as approved by the City Council as
currently referenced in the attached zoning criteria.
12. Future development shall comply with at least the minimum design standards for development
in the Unified Development Code with exceptions listed herein, including but not limited to
landscaping, parking, access, street design, stormwater detention, etc. Buildings proposed
shall be reviewed to ensure appropriate architectural compatibility, compliance with
commercial design standards, and/or conformance with the architectural standards and
concepts provided with the subject submittal.
13 . Parks fees in the amount of$32,190 for 58 single-family units shall be paid prior to issuance
of the final plat.
14. Conditions included in the Tree Preservation Report prepared for this Planning Commission
meeting are hereby included in the official conditions of approval for the Paddock Road
Subdivision.
15. The ordinance does not allow for Tree Preservation Easements on residential lots used for
single family use. Restrictions within the Tree Preservation Easements identified on the plat
shall be established in the covenants and regulated by the Property Owners Association.
16. All signage within each Phase of the Master Development Plan shall be permitted in
accordance with the current sign regulations at the time of development. The development
comply with the RSF-4 zoning district requirements which would allow a moderate amount of
signage, such as a subdivision sign, if so desired.
17. Compliance with federal, state and local regulations regarding the development of any
wetlands is required.
18. All development shall meet applicable building codes and other ordinances of the City of
Fayetteville.
19. The applicant shall install signs at each street stub-out to indicate the future extension of said
street prior to the application of signatures on the final plat.
20. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks.
21 . Buildings shall be constructed generally as depicted in the building elevations in the booklet
with the materials specified.
Standard Conditions of Approval:
22. The applicant shall be granted one (1 ) year from the date of Planning Commission approval to
receive all permits necessary for development of the Phase with a one ( 1 ) year extension
available.
23 . 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.
24. Prior to building permit, a cost estimate for all required public improvements are required to
be submitted to Planning Staff for review. Once approval is gained, a guarantee is to be issued
(bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants.
This guarantee will be held until the improvements are installed and inspected, at the time of
Certificate of Occupancy.
25. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified
Development Code, and shall be subject to signage requirements for residential multi-family
development. This shall be reflected in the booklets and on the plats.
26. Plat Review and Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility representatives - AR Western
Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
27. Staff approval of final detailed plans, specifications and calculations (where applicable) for
grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review process
was reviewed for general concept only. All public improvements are subject to additional
review and approval. All improvements shall comply with City's current requirements.
28. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
29. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by the Landscape Administrator of all tree protection
measures prior to any land disturbance.
C. Separate easement plat for this project that shall include the tree preservation
area.
d. Project Disk with all final revisions
e. Completion of all required improvements or the placement of a surety
with the City (letter of credit, bond, escrow) as required by Section
158.01 "Guarantees in Lieu of Installed Improvements" to guarantee
all incomplete improvements. Further, all improvements necessary to
serve the site and protect public safety must be completed, not just
guaranteed, prior to the issuance of a Certificate of Occupancy.
Washington County, AR
I certify this instrument was filed on
02/28/2006 09:57:52 AM
and recorded in Real Estate
File Number 2006-00008169
Bette Stamps - Circuit C
by
i ®RD
Hometown Development y3o
1747 N. College Avenue R
Fayetteville, All 72703 o5- / 7 L
�bdd
January 17, 2006
Mrs. Sondra Smith
City Clerk
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mrs. Smith
On January 9t°, The Fayetteville Planning commission considered Paddock Lane, a
project submitted by my Company, Hometown Development. After considerable
discussion, the project received a favorable vote of 4-3 . However, as you know, the rules
of the commission require 5 affirmative votes for approval by the commission.
I am formally submitting, with this letter, a request for appeal to the Fayetteville City
Council for this excellent project. It is my understanding that the appeal can be placed on
the next council meeting on February 7a', 2006
Thank you for your assistance in this matter. If you have any questions or concerns on
this request or any other matter, please do not hesitate to contact my representative in this
matter, Mr. Hugh Earnest. He can be reached at 841 -8549.
Robert Schmitt
President
Hometown Development
RECEIVtO
JAN 18 2906
CIN OF FAYETTEVILLE
CITY CLERK'S OFFICE
Sondra Smith - Appeal
From: Lisa Branson
To: Smith, Sondra
Date: 1 /11106 11 :48AM
Subject: Appeal
Hugh stopped by to say that he will send a letter of appeal regarding Paddock Lane he understands he
has 10 days to do that, and he didn't realize that it had to pass with 5 votes.
Lisa
City Council Meeting of February 07, 2006
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: January 17, 2006
Subject: Residential Planned Zoning District for Paddock Road Subdivision
(R-PZD 05- 1735)
RECOMMENDATION
The Planning Commission voted to deny the subject request for an ordinance creating a
Residential Planned Zoning District (R-PZD) for Paddock Road Subdivision. This action
would establish a unique zoning district for a residential subdivision on a 9.77-acre tract
located west of Happy Hollow Road, south of Mount Sequoyah Preserve.
BACKGROUND
The applicant requests a rezoning and Master Development Plan and Preliminary Plat
approval for a mixed-density project on the property. The proposal includes a maximum
of 58 dwelling units within the proposed subdivision. The development will consist of 33
single-family detached dwelling units on large lots (comparable to the RSF-4 zoning
district) and narrow lots to allow urban densities. A total of 25 lots will allow for
townhome (attached single family) development.
The overall density proposed is 5 .91 units per acre. This development would create a
unique R-PZD combining single-family detached and single-family townhomes in the
immediate vicinity of the Happy Hollow Elementary School and Mount Sequoyah
Preserve. The applicant has attempted to modify the street alignment to reduce the
number of streets that traverse the slope of the land to reduce the incline and visibility of
the streets and submitted several waiver requests which have been recommended by staff.
DISCUSSION
The Planning Commission voted 4-3-0 in favor of this request on January 09, 2006, with
Commissioners Ostner, Allen and Clark voting no. Commissioners Anthes and Vaught
were absent. Due to the lack of five affirmative votes, the motion to approve the R-PZD
failed. Those who voted against the motion discussed their concerns regarding the
proposal, most of which revolved around the compatibility of the proposed density on a
hillside. The applicant has submitted an appeal of the Planning Commission decision to
the City Clerk within the 10-day appeal period. (See applicant's appeal of Planning
Commission decision.) A PZD requires City Council approval as it includes zoning
City Council Meeting of February 07, 2006
Agenda Item Number
approval. Recommended conditions were approved by the Planning Commission and are
reflected in the attached staff report.
The applicant has attempted to transition ' between the detached and attached units,
clustering the more dense development near the adjacent Collector Street, parkland and in
areas with less tree canopy. The Planned Zoning District contains a total nine Planning
Areas. Each Planning Area has its own specific density (maximum number of dwellings
units allowed), depending upon the desired effect. For reasons of zoning, each Planning
Area also has to have established bulk and area criteria, setbacks, height, etc. The
information is provided both in a booklet form, which describes the intent of each
Planning Area along with a drawing of the overall Planning Area boundaries, and by way
of the larger plat, which gives more engineered information . The applicant requests
approval of both the zoning, given the proposed Master Development Plan, statement of
commitments, and development standards, and the approval of the preliminary plat which
would allow the immediate review of construction plans.
BUDGET IMPACT
None. FOR-
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ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1735,
PADDOCK ROAD, LOCATED SOUTHWEST OF THE
INTERSECTION OF PADDOCK ROAD AND HAPPY
HOLLOW ROAD; CONTAINING APPROXIMATELY 9.77
ACRES; 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 RSF-4, Residential Single-Family, 4 units per acre, to R-PZD 05-1735 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 AND APPROVED this day of 2006.
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 05-1735
PART OF THE NW 1 /4 OF THE SW 1 /4 OF SECTION 14, TOWNSHIP 16 NORTH,
RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF
SAID NW 1 /4 OF THE SW 1 /4; THENCE ALONG THE EAST LINE OF SAID NW 1 /4
OF THE SW 1 /4 S02046'39"W 20.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF PADDOCK ROAD; THENCE ALONG SAID SOUTH LINE N87°07'09"W 15.00
FEET TO THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF
PADDOCK ROAD AND THE WEST RIGHT-OF-WAY LINE OF HAPPY HOLLOW
ROAD AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-
OF-WAY LINE S02046'39"W 368.72 FEET; THENCE DEPARTING SAID WEST
RIGHT-OF-WAY LINE S87006'49"E 15 .00 FEET TO A FOUND IRON PIN ON THE
EAST LINE OF SAID NW 1 /4 OF THE SW 1 /4; THENCE ALONG SAID EAST LINE
S02046'39"W 303 . 19 FEET TO A FOUND IRON PIN; THENCE DEPARTING SAID
EAST LINE N87006'50"W 627.69 FEET TO A FOUND IRON PIN; THENCE
NO2046'07" E 239.05 FEET TO A FOUND IRON PIN; THENCE NO2°44'01 "E 452 . 81
FEET TO A POINT ON THE NORTH LINE OF SAID NW 1 /4 OF THE SW 1 /4;
THENCE ALONG SAID NORTH LINE S87007'09"E 460.10 FEET TO A FOUND
IRON PIN ; THENCE DEPARTING SAID NORTH LINE S02°49' 16"W 20.00 FEET TO
A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID PADDOCK ROAD;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S87007'09"E 152.99 FEET
TO THE POINT OF BEGINNING, CONTAINING 9. 77 ACRES, MORE OR LESS,
SUBJECT TO ANY.EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD
OR FACT.