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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- tTFE Pore 3D rCY. t�tgqF pt,gntrrwr. (Ar+wi� bstoN AtMr%q�. (Pt rr�S ( t) truG 5 WIU. C-oU.ow) eK^-1 a . tio. 9a 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.