HomeMy WebLinkAboutOrdinance 4832 inilimimillititimill
Doc ID : 009787770002 Tvoe . REL
Re0oAmta : S 31/7/2006 tt 03216 : 16 PM
Ne6hlnOton County . AR ol
Bette Stamos Circuit Clerk
F11e2006-00010924
ORDINANCE NO. 4832
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING
DISTRICT TITLED R-PZD 05- 1619, WESTBROOK VILLAGE, LOCATED AT
TRACTS I AND 2 OF THE ORIGINAL SALEM VILLAGE P.U.D.,
CONTAINING APPROXIMATELY 1 .42 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- 1619 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.
agog
PASSED and APPROVED this 21ST day of February, 2006. r`��;•'c�T Y O c . Gp� '
eV ,
; FAYETTEVILLE •
APPROVED: ATTEST: �Z •• 9 •� '
By: By: �� X�-Y1 tliN
DAN COODY, Mayor SOfNDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 05-1619
SURVEY DESCRIPTION TRACT ONE:
ALL OF TRACT ONE AS SHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U.D., RECORDED IN PLAT BOOK
15 AT PAGE 70, BEING PART OF THE NW 1 /4 OF THE SWIM OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID TRACT ONE; THENCE S87°28'49" E
198. 16 FEET; THENCE S02°34'27" W 117.00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 25.00 FEET, A LONG CHORD THAT BEARS S47034'27" W, 35.36 FEET, AN ARC DISTANCE OF 39.27 FEET TO A
FOUND IRON PIN; THENCE N87°25'33" W 46.20 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 48.00 FEET, A LONG CHORD THAT BEARS S66003125 " W, 42.86 FEET, AN ARC
DISTANCE OF 44.43 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS S66001147" W, 13 .38 FEET, AN ARC DISTANCE OF 13.87
FEET TO A FOUND IRON PIN; THENCE N87°28'49" W 51 .48 FEET TO A FOUND IRON PIN; THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS N42028'49" W, 35 .36
FEET, AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRON PIN; THENCE NO2°31 ' 11 " E 142.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.70 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS,
COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
SURVEY DESCRIPTION TRACT TWO:
ALL OF TRACT TWO AS SHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U.D., RECORDED IN PLAT BOOK
15 AT PAGE 70, BEING PART OF THE N W 1 /4 OF THE SWIM OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE N87028'49" W 152.99 FEET TO A FOUND
IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT
BEARS N42027'I 1 " W, 21 .22 FEET, AN ARC DISTANCE OF 23.58 FEET TO A FOUND IRON PIN; THENCE NO2°34'27"
E 6.23 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 51 .00
FEET, A LONG CHORD THAT BEARS N08056120" W, 20.36 FEET, AN ARC DISTANCE OF 20.50 FEET TO A FOUND
IRON PIN; THENCE N20°27'08" W 109.75 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 25 .00 FEET, A LONG CHORD THAT BEARS N36002102" E, 41 .69 FEET, AN ARC
DISTANCE OF 49.29 FEET TO A FOUND IRON PIN; THENCE S87°28'49" E 70.64 FEET TO A FOUND IRON PIN;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS
S61004'04" E, 13 .34 FEET, AN ARC DISTANCE OF 13.83 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 48.00 FEET, A LONG CHORD THAT BEARS S61 °02'26" E, 42.66 FEET, AN ARC DISTANCE OF 44.21
FEET; THENCE S87°25'33" E 46. 19 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS S42025'33" E, 35.36 FEET, AN ARC DISTANCE
OF 39.27; THENCE S02°34'27" W 127.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.72 ACRES, MORE
OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
03/17/2006 03:16: 15 PM
and recorded in Real Estate
File Number 2006-0001092
Bette Stamps - Circuit I
by
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City of Fayetteville ,3a
Staff Review Form
City Council Agenda Items
or ?Ile
Contracts Contracts
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7-Feb-06 f/r ����-
p City Council Meeting Date
Jeremy Pater Planning Operations
Submitted By Division Department
Action Required:
R-PZD 05- 1619: (Westbrook Village, 284): Submitted by Nock Investments for property located at Lots I & 2 of the original
Salem Village P.U.D. The property is zoned RSF-4, Residential Single Family, 4 Units per Acre and contains approximately
1 .42 acres. The request is to approve a Residential Planned Zoning District with 7 single-family residential dwelling units .
$0.00 n/a
n/a
Cost of this request Catego /Pro ect 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 NumberRemaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Director Date Original Contract Date: n/a
zv Original Contract Number: n/a
City Attor
Received tk�y ,le
k's Office
I i3 - oc -irq
Financd and Internal Service Director Date
Received in Mayor's Office
� EItTEA
Mayor "ateC3
Comments:
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City Council Meeting of February 7, 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 13 , 2006
Subject: Residential Planned Zoning District for Westbrook Village (R-PZD 05- 1619)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Westbrook Village, based on the development standards,
plans and statement of commitments submitted. This action will establish a unique
zoning district for a single-use project on approximately 1 .42 acres located at Lots 1 & 2
of the Salem Village P.U. D. The proposal consists of a residential development
consisting of 7 single-family residential dwelling units.
BACKGROUND
Lots I and 2 were created as part of the original Salem Village P.U.D. for future
development. Most of the Salem Village development has been constructed, however the
two larger tracts located at the entrance into Salem Village are currently vacant and have
retained the original RSF-4 zoning. Since the P. U .D. process is no longer an option for
developing the remaining lots, the developer has requested a Residential Planned Zoning
District to allow for similar lot sizes and configurations as those already developed in
Salem Village.
DISCUSSION
The Planning Commission voted 7-0-0 in favor of this request on January 9, 2005. A
Planned Zoning District requires City Council approval as it includes zoning and land use
approval. Recommended conditions were approved by the Planning Commission and are
reflected in the attached staff report.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1619,
WESTBROOK VILLAGE, LOCATED ATTRACTS I AND
2 OF THE ORIGINAL SALEM VILLAGE P.U.D.,
CONTAINING APPROXIMATELY 1 .42 ACRES;
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED MASTER DEVELOPMENT PLAN:
BE IT ORDAINED BY THE CITY COUNCIU�OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following descrited.property is
hereby changed as follows:
From RSF4, Residential Single-Family, 4 units per to R-PZD 05-1619 as shown
in Exhibit "A" attached hereto and`made a part here f
Section 2. That the change 'm zon�ng c�lassifive-ation is based upon the
approved master development plan, developmenty.standards, and conditions of
approval as submitted,,de'termined appropriate and p roved by the City Council.
e: tF�5'• ',�
Section 3 v That this ordinance shall take effect and be in full force at such
time as all of the regmreem c t x6f�lh master,d elopment plan have been met.
Section 4 ;T:hat thel`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.
r.
APPROVED:
By:
DAN COODY, Mayor
By
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 05-1619
SURVEY DESCRIPTION TRACT ONE:
ALL OF TRACT ONE AS SHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U. D.,
RECORDED IN PLAT BOOK 15 AT PAGE 70, BEING PART OF THE NWl/4 OF THE
SW1/4 OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST- CORNER OF SAID
TRACT ONE; THENCE S87028'49"E 198. 16 FEET; THENCE S02034'27"W 117.00
FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A°RADIUS OF 25.00
FEET, A LONG CHORD THAT BEARS S47°34'27,"JN` 35'36 FEET, AN ARC
DISTANCE OF 39.27 FEET TO A FOUND IRONtPIN; THENCE N87°25'33"W 46.20
FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFTTHAVING A
RADIUS OF 48.00 FEET, A LONG CHORD THATBEARS`S66°03'25"W /42.86
FEET, AN ARC DISTANCE OF 44.43 FEET TO A FOUND IRON PIN; THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIWbF 15.00 FEET, A LONG
CHORD THAT BEARS S66001147"W; 13:38, FEET, AN�A�R&DISTANCE OF 13.87
FEET TO A FOUND IRON PIN; THENCE N87°28'49"W 51 ..48 FEET TO A FOUND
IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
25.00 FEET, A LONG CHORD THAT BEA%N42°2849"W, 35.36 FEET, AN ARC
DISTANCE OF 39.27;?FEET TO A FOUND IRON PIN;'''THENCE NO2031111 "E 142.00
FEET TO THE POINT OF BEGINNING, CONTAINING 0. 70 ACRES, MORE OR LESS,
BEING SUBJECT TO ANY.,EASEMENTS, COVENANTS OR RESTRICTIONS OF
RECORD OR.FACT.
SURVEY DESCRIPTION TRACT TWO:
ALL OF TRAgCT TWO A! S- MOWN ON THE FINAL PLAT OF SALEM VILLAGE P. U.D.,
RECORDEDlN;,-PLAT BOOK 15 AT PAGE 70, BEING PART OF THE NW1/4 OF THE
SWl/4 OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE
N87028'49"W 152.99 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS
N42027' 11 "W, 21 .22 FEET, AN ARC DISTANCE OF 23.58 FEET TO A FOUND
IRON PIN; THENCE NO2034'27"E 6.23 FEET TO A FOUND IRON PIN; THENCE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 51 .00 FEET, A LONG
CHORD THAT BEARS N08056'20"W, 20. 36 FEET, AN ARC DISTANCE OF 20. 50
FEET TO A FOUND IRON PIN; THENCE N20027'08"W 109. 75 FEET TO A FOUND
IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
25.00 FEET, A LONG CHORD THAT BEARS N3600210211E, 41 .69 FEET, AN ARC
DISTANCE OF 49.29 FEET TO A FOUND IRON PIN; THENCE S87028'49"E 70.64
FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS S61004104"E, 13.34
FEET, AN ARC DISTANCE OF 13 .83 FEET; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 48.00 FEET, A LONG CHORD THAT BEARS
S61002'26"E, 42.66 FEET, AN ARC DISTANCE OF 44.21 FEET; THENCE
S87025'33"E 46. 19 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS
S42025'33"E, 35.36 FEET, AN ARC DISTANCE OF 39.27, T NCE S02°34'27"W
127.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0. 72 ACRES, MORE
OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS
OF RECORD OR FACT.
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PC Meeting of January 9, 2005
KANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION COR RF SPAN DFNC F Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jesse Fulcher, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: January 4, 2006
R-PZD 05- 1619: Planned Zoning District (WESTBROOK VILLAGE, 284): Submitted by
NOCK INVESTMENTS for property located at TRACTS I & 2 ORIGINAL SALEM
VILLAGE P.U.D. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 1 .42 acres. The request is to approve a Residential Planned Zoning
District on the subject property with 7 single family lots proposed.
Property Owner: HANK BROYLES Planner: JESSE FULCHER
Findings:
Proposal.• The applicant requests a rezoning and preliminary plat approval for a residential
subdivision within a unique R-PZD zoning district. This project was submitted under the
original PZD ordinance and therefore is not in the PZD Master Development Plan format. The
proposed use of the site is for a residential development consisting of 7 single-family residential
dwelling units.
Existing Development: Lots 1 and 2 were created as part of the original Salem Village P.U.D.
for future development. Most of the Salem Village development has been constructed, however
the two larger tracts located at the entrance into Salem Village are currently vacant and have
retained the original RSF-4 zoning. Since the P.U. D. process is no longer an option for
developing the remaining lots, the developer has requested a Residential Planned Zoning District
to allow for similar lot sizes and configurations as those already developed in Salem Village.
Sarroundin Land Use/Zoning:
Direction Land Use Zoning
North Undeveloped RSF-4, Res. Single Family - 4 units/acre
South Salem Village PUD RSF-4, Res. Single Family - 4 units/acre
East Gary Hampton Softball Complex RSF-4, Res. Single Family - 4 units/acre
West Salem Village PUD RSF-4, Res. Single Family - 4 units/acre
The following bulk and area regulations are proposed by the applicant:
R-PZD 05- 1619 Westbrook Village
(A) Proposed Uses.
K:IReporis12lR161 PC Reporis101-09 061R-PZD 05-1619 (N@nbrooA Village).doe
Lots I -7 Unit 1 Cit -wide uses by right
Unit 8 Single-familydwelling
(B) Conditional Uses
Lots 1 -7 Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 24 1 tome Occupations
Unit 36 Wireless communications facilities
(C)Density.
For entire Subdivision
11_Units per acre 17 units/1 .39 acres = 5.03 units/acre
(D) Bulk and area regulations.
Single-family dwellings (all 2rmesidential lots)
Lot minimum width 40'
Lot area minimum 4,500 square feet
Land area er dwellin unit 4,500. Only one dwelling unermitted.
(E) Setback requirements.
Lot # North Side East Side South Side West Side
IA 10' 0' 15' 10'
2A 10' 0' 15' 0'
3A 101 0' 15' 0'
4A 10' 40' 15' 0'
5A 15' 40' 0' 15'
6A 0' 40' U 15'
7A 0' 40' 1 15' 1 15' 11
(F) Height. Dwelling - 35 '
(G) Building area. 4,500 square feet maximum per lot
Total proposed dwelling units on the 1 .39-acre site (less 0.03 acres right-of-way) is 7; therefore
the proposed density for the R-PZD is 5.03 DU/acre. The project site is currently zoned RSF-4,
allowing for single dwelling units. This development will resemble the original Salem Village
P.U.D.
Water & Sewer: Water and sewer are not adjacent to all lots within the site. Improvements to
the water and sewer system are required to serve the proposed lots.
Access: All public rights-of-way were constructed with Salem Village. As with the original
development, each lot will access from an alley located at the rear of the lots.
K:lReporls110061PC Reporrs101-09 0618-PZD OS-1619 (0'esrbrwk Village).doe
Street Improvements Proposed. No street improvements are required, since all improvements,
including sidewalks, were installed with the original development. However, with the adoption
of the Master Street Plan and the designation of Salem Road as a Collector Street, an additional
5 ' of right-of-way will be dedicated.
Adjacent Master Street Plait Streets: Salem Rd. (Collector), Clabber Creek Blvd. (Local)
Tree Preservation: Existing canopy: 0 %
Preserved canopy: 0 %
Required canopy: 0 %
Mitigation: None-A Tree Preservation Plan Waiver Form was
submitted and approved by the Urban Forester.
Parks: Salem Village P.U. D. dedicated land to meet the Park Land Dedication requirement at
the time of approval . This dedication did not account for the development of seven single family
lots on tracts one and two. Fees in lieu will be assessed for seven single family lots. Parks fees
are due in the amount of $3,885.00 before signing the final plat.
Recommendation : Staff recommends R-PZD 05- 1619 be forwarded to the City Council with
a recommendation for approval, with the following conditions:
Conditions of Approval:
I . Planning Commission determination of the required recommendation to the City Council
regarding the rezoning of the subject property to the unique district R-PZD 05- 1619 with
all conditions of approval as determined by the Planning Commission. THE
SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THE SUBMITTED
PZD.
2. An ordinance creating this R-PZD shall be approved by City Council.
3 . All setbacks, protective easements, density, designated uses and other zoning criteria are
binding with the approval of the R-PZD. Submitted covenants are likewise binding to the
project.
4. Dedication of an additional 5' of right-of-way for a total of 35 ' for Salem Rd. along the
property' s frontage to conform with Master Street Plan requirements, shall occur at the
time of Final Plat.
5. Parks fees in the amount of $3,885 for 7 single family dwellings are due prior to Final
Plat.
6. Individual lot access shall be prohibited from Salem Rd.
7. All infrastructure improvements shall be installed, inspected and accepted prior to final
plat approval .
Standard Conditions of Approval:
K:IReporns120061PC Reporrs101-09-061R-PZD 05-/6/9 (IVesibrook !(llage).doc
8. 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)
9. 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.
10. Sidewalk construction shall be in accordance with current standards to include six foot
sidewalks along Happy Hollow Rd, at the right-of-way line.
It . Street lights shall be installed every 300 feet along all public streets or provide guarantee
prior to final plat.
12. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
13. Preliminary Plat shall be valid for one calendar year.
Planning Commission Action: Approval ❑ Denied ❑ Tabled
Meeting Date: January 9, 2005 7-0-0
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:1Reporis120061PC Reporrs101-09-0618-PZD 05-1619 01 estbrook I illage).doc