HomeMy WebLinkAboutOrdinance 4850 I � I ^
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Doc ID : 009893740006 Tvoe : REL
Recorded : 04/25/2006 at 10 : 39 : 39 AM
Fee Amt : $23 . 00 Paoe 1 of 6
Washlnoton Countv . AR
Bette Stamps Circuit Clerk
File 2006-00016556
ORDINANCE NO, 4850
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-1883, ABSHIER HEIGHTS,
LOCATED SOUTH OF EVELYN HILLS SHOPPING CENTER ON
ABSHIER AND HILLCREST, CONTAINING APPROXIMATELY
4. 11 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 C-2, Thoroughfare Commercial, to R-PZD 06- 1883 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.
Section 5 : That the Master Development Plan is approved subject to the list of compromises
agreed to by the neighbors, developer and architect shown on Exhibit `B" presented to and accepted
by the City Council. The Master Development Plan is also subject to the Revised Site Plan attached
as Exhibit "C".
Page 2
Ord. 4850
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PASSED and APPROVED this 4 h day of April, 2006. =u a �=
; FAYETTEVILLE ;
APPROVE ATTEST:
xy, :�kANSP�J� '
By: By:
D COODY, Mayor SONDRA SMITH, City Clerk
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EXHIBIT "A"
R-PZD 06-1883
TRACT A:
PART OF THE NW '/a OF THE NW '/a OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30
WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SE CORNER OF
THE NW '/a OF THE NW ''/a, SAID POINT BEING A FOUND 1 " PIPE; THENCE N87° 12'10"W
352.90 FEET; THENCE NO2°59'53 "E 25 .00 FEET TO THE POINT OF BEGINNING; THENCE
NO2058'47"E 635 .03 FEET TO A CHISLED "X"; THENCE S87°00'06"E 149.72 FEET TO A
FOUND IRON PIN IN THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE; THENCE
ALONG SAID RIGHT-OF-WAY S02057'25"W 634.95 FEET TO A FOUND PK NAIL IN THE
APPROXIMATE CENTER LINE OF WOODCREST DRIVE NOW VACATED BY THE CITY
OF FAYETTEVILLE BY ORDINANCE #1205; THENCE ALONG SAID CENTERLINE
N87002'.16"W 149.97 FEET TO THE POINT OF BEGINNING, CONTAINING 2. 187 ACRES,
MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
TRACT B:
PART OF THE SW '/a OF THE NW '/a OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30
WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF
SAID SW '/4 OF THE NW 1/4; THENCE N87° 12' 10"W 203 .60 FEET; THENCE S02°58'05"W
30. 14 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN IN
THE WEST RIGHT OF WAY OF HILLCREST AVENUE; THENCE ALONG SAID RIGHT OF
WAY S02058' I2"W 313.56 FEET TO A FOUND IRON PIN IN THE NORTH RIGHT-OF-WAY
LINE OF ABSHIER DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE N86°36'30"W
537.42 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY
N63001 '26"E 620.21 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .935 ACRES
MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
EXHIBIT `B"
R-PZD 06-1883
WE AS NEIGHBORS, THE AFOREMENTIONED DEVELOPER AND ARCHITECT,
HAVE RESPECTFULLY AGREED UPON THE FOLLOWING COMPROMISES:
1 . Modifications to architectural design of development to complete and complement
existing neighborhood homes. Examples include planter boxes with stone facades; the agreed upon
stone facade on the back of the development (on the side of the town homes facing Hillcrest and
Abshier) the architect will modify rear elevations of development to include partial stone facades on
the back of the development (on the side of the town homes facing Hillcrest and Abshier) for
approval of abovementioned neighborhood representatives; house numbers re-styled and moved to
the lower portion of the front of the house near planter boxes; changes in paint palette in the natural
earth tones; enlarged window shapes and styles in the latest drawings presented to the neighborhood
— all to create a more natural, "softer" feel in line with the traditional character of the existing
neighborhood.
2. Reduction in the number of units to 24.
3 . Speed bumps to be built/installed on Hillcrest, Abshier, Lakeridge and Oakwood by
Developer and City with 50/50 cost share with up to four speed tables.
4. A permanent, WRITTEN plan for maintaining the park and greenspace throughout the
development included in the homeowner's association agreements and/or covenants for those who
purchase the town homes. The association agreements or covenants must be worked out in
consultation with the above-mentioned neighborhood representatives throughout the process and
approval. Additionally, new neighbors in the development must be aware that Lade Lucille and
surrounding property is a private entity and is not available for their use for swimming, fishing,
picnicking, etc. (only accessible by property owners in Lake Lucille/Clay Yoe subdivision).
5. Additional trees and shrubs are to be planted along Hillcrest and Abshier to fill in gaps
and ensure that the tree buffer is maintained and expanded. Trees and shrubs are needed to fill in
both high and low gaps and present an attractive, natural appearance to neighbors in the development
and across Hillcrest and Abshier.
6. Core and soil sample testing will be conducted due to grade and incline, instability of land
because of natural springs and previous construction difficulty in area with USA Drug.
7. We respectfully request that City Planning division allow that no bridges or steps leading
form the town homes to Abshier or Hillcrest will be constructed. This would only encourage street
parking and exacerbate traffic problems. The only steps in the development that are agreeable to the
neighbors are those from the pocket park/viewing area to the parking area for the E. Fay Jones' home
as designated on plans.
, M.
8. Trees and/or shrubbery will be planted at the back of the development to screen the
development's residents from the shopping center. These also should include plantings to fill in high
and low gaps and present an attractive, natural appearance consistent with a high quality
development.
9. No parking signs to be installed along Hillcrest & Abshier on the development side, with
no parking allowed on either side of these two streets.
10. Landscape design, and any newly planted trees and shrubbery will, as closely as possible,
be in accordance with E. Fay Jones' written/drawn design plans for the property from the
U. of A. Mullens Library, Special Collections (neighbors have this document) (i.e. species of trees,
placement, etc.).
11 . Above-mentioned neighborhood representatives will see sample/rendering of mailbox
design and of the sign for the development and provide input for approval, prior to installation.
12. Construction will be limited to daylight hours only.
13 . We respectfully request that if this development, PZD 06- 1883, Abshier Heights, is not
executed, that the City require that this property revert back to RSF-4 (R- 1 ), not its current zoning of
record, C-2.
14. All agreed upon compromises will be put in writing and officially recorded as
amendments to PZD 06- 1883 and presented at the meeting of the Fayetteville City Council, Tuesday,
April 4, 2006. All compromises throughout this document are legally binding on the developer and
must be carried out.
Washington County, AR
I certify this instrument was filed on
04/25/2008 10:39:39 AM
and recorded in Real Estate
File Number 2008-00018558
F
Bette Stai ps - Circuit Clerk
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Ii UNRSWITN90TOTALBEOROUMS •-.► �� � _PAMLLEREVISED
lit PARKING SPACES: ]6 GARAGESPACES
39 �EWAPAPAUEY SPACES
79 LSPAfE7
4825 PAPo(ING SPACES PERUMT SITE PLAN
F I'
EXHIBIT
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1
BUILDING REMOVED i
. : TO PROVIDE GREEN 7
SPACE BETWEEN
f ' UNITS
I
' ENHANCED 7 F
VEGETATION co
E BEHIND SHOPLu
-
PING CENTER V
a of Y•
t
7 , S F I WALK BRIDGES
R.. !Y z REMOVED
i t +`r VISITOR 7
PARKING i J� -'i-
� . . ' ` ADJACENT
TO PARK
\I RETENTION
POND MOVED TO
PRESERVE TREE
BUFFER
NEIGHBORHOOD PARK
REPLACES BUIDLING
e ��! i• � � , ' =i �' CLOSEST TO JONES
f + RESIDENCE
` - 4
7 t
t 72 2 7 t
PROPOSED VIEWING
AREA FOR JONES
e RESIDENCE
'� INTERNAL WALKS
SITE PLAN WITH BEDROOM COUNT +. 0 50 100 P50
A.516.W1Y lfN.Li5. Im1
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City of Fayetteville y/ X
Staff Review Form 5�
City Council Agenda Items g-en 106- = ,
or t� f�
Contracts 140sk (kt( 1 I4.t�l1�
7-Mar-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
R-PZD 06- 1883 : (Abshier Heights, 407): Submitted by 1-12 Engineering for property located south of Evelyn Hills Shopping
Center on Abshier and Hillcrest. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 4. 11
acres. The request is for a Residential Planned Zoning District with 30 multi-family dwelling units.
$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
06
D/epa^rt�merh Director Date Original Contract Date: n/a
Original Contract Number: n/a
CY,
CityAtt6mey
Received in CityClerk's Off e
ENTERED
-I�
Finance and Internal Service Director Date 11
Received in Mayor's Office
EN
2. / lOG
Mayor Date
Comments:
A
- - - - 4WY opt fir r adtol5
City Council Meeting of March 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 Plannin
Date: February 14, 2006
Subject: Residential Planned Zoning District for Abshier Heights (R-PZD 06- 1883)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Abshier Heights, based on the Master Development Plan,
development standards and statement of commitments submitted. This action will
establish a unique zoning district for a single-use project on approximately 4. 1 1 acres
located at Abshier Drive and Hillcrest Avenue. The 8-building proposal includes 30
residential units, consisting of 22 multi-family units and 8 two-family units. The 8 two-
family units will be located in the northern 4 buildings along Hillcrest and the 22 multi-
family units will be located in the remaining 4 buildings, three facing greenspace off of
Abshier and one on Hillcrest. The overall density is 7.3 units per acre.
BACKGROUND
The property consists of a total of 4. 11 acres occupying land with frontage on Abshier
Drive and Hillcrest Avenue. Both parcels are undeveloped and are zoned C-2,
Thoroughfare Commercial. It is surrounded by single-family homes on the southeast and
the Evelyn Hills Shopping Center to the North/west.
The applicant is attempting to create a transition between the commercial shopping center
to the north/west and the single-family neighborhood to the south/east. The Planned
Zoning District contains one ( 1 ) Planning Area, The Planning Area has its own specific
density (maximum number of dwellings units allowed), and established bulk and area
criteria, setbacks, height, etc. The information is provided both in a booklet form, which
describes the intent of the 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 approval
of the large scale development which would allow the immediate review of construction
plans. Proposed setbacks are not close to the street; rather they allow for the
development of the flat parts of the site, while preserving the slope and trees along the
street.
City Council Meeting of March 7, 2006
Agenda Item Number
ti
DISCUSSION
The Planning Commission voted 6-3-0 in favor of this request on February 13, 2006, with
Commissioners Myers, Allen and Clark voting no. Those who voted against the motion
discussed their concerns regarding the proposal, including density, traffic, water pressure,
and architectural compatibility. 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 06- 1883,
ABSHIER HEIGHTS, LOCATED SOUTH OF EVELYN
HILLS SHOPPING CENTER ON ABSHIER AND
HILLCREST, CONTAINING APPROXIMATELY 4. 11
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 C-2, Thoroughfare Commercial, to R-PZD 06- 1883 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 7`h day of March, 2006.
APPROVED:
By.
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-1883
TRACT A:
PART OF THE NW '/< OF THE NW '/4 OF SECTION 10, TOWNSHIP 16
NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS , BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SE CORNER OF THE NW '/ OF THE NW
''/< , SAID POINT BEING A FOUND 1 " PIPE; THENCE N87°12'10"W 352.90
FEET; THENCE NO2°59'53"E 25.00 FEET TO THE POINT OF BEGINNING ;
THENCE NO2058'47"E 635.03 FEET TO A CHISLED "X"; THENCE S87°00'06"E
149. 72 FEET TO A FOUND IRON PIN IN THE WEST RIGHT-OF-WAY LINE OF
HILLCREST AVENUE; THENCE ALONG SAID RIGHT-OF-WAY S02°57'2511W
634. 95 FEET TO A FOUND PK NAIL IN THE APPROXIMATE CENTER LINE
OF WOODCREST DRIVE NOW VACATED BY THE CITY OF FAYETTEVILLE
BY ORDINANCE #1205; THENCE .ALONG SAID CENTERLINE N87002'1 6"W
149.97 FEET TO THE POINT OF BEGINNING, CONTAINING 2. 187 ACRES,
MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF
RECORD OR FACT.
TRACT B :
PART OF THE SW '/ OF THE NW 'Y4 OF SECTION 10, TOWNSHIP 16
NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS , BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SW 'Y4 OF THE
NW 1 /4; THENCE N87012'10"W 203.60 FEET; THENCE S02058'05"W 30. 14
FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON
PIN IN THE WEST RIGHT OF WAY OF HILLCREST AVENUE; THENCE
ALONG SAID RIGHT OF WAY S02058'12"W 313.56 FEET TO A FOUND IRON
PIN IN THE NORTH RIGHT-OF-WAY LINE OF ABSHIER DRIVE; THENCE
ALONG SAID RIGHT-OF-WAY LINE N86036'30"W 537.42 FEET TO A FOUND
IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY N63001 '26"E 620.21
FEET TO THE POINT OF BEGINNING , CONTAINING 1 .935 ACRES MORE OR
LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR
FACT.
i
Taye PC Meeting of February 13 , 2006
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Planning Commission
FROM : Jesse Fulcher, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Febwary$2996 Updated February 14, 2006 for City Council
R-PZD 06-1883: Planned Zoning District (ABSHIER HEIGHTS, 407): Submitted by H2
ENGINEERING for property located at S OF EVELYN HILLS SHOPPING CENTER ON
ABSHIER AND HILLCREST. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 4. 11 acres. The request is for a Residential
Planned Zoning District with 30 multi-family dwelling units.
Property Owner: SMITH 2-WAY RADIO
Planner: JESSE FULCHER
Findings:
Property Description: This site is located north of Abshier Drive and west of Hillcrest Avenue,
directly behind the Evelyn Hills Shopping Center.
Surroundin Land Use/Zoning:
Direction Land Use Zoning
North Evelyn Hills ShODPing Center C-2
South Single Family Neighborhood RSF-4
East Single Family Neighborhood RSF-4
West Evelyn Hills Shopping Center C-2
Background: Research conducted by staff indicates in 1960 when the Evelyn Hills Shopping
Center was rezoned, that a 150' strip was left zoned residential to serve as a buffer strip. In 1962
the City Council approved rezoning of the western 130' of the 150' tract, partly because the
owners offered to place a restrictive covenant on the property that limited development on the
20' residual strip along Hillcrest Ave. It should be. noted that all structures and land disturbances
associated with the proposed structures is further than 20' from Hillcrest Avenue (approximately
45 ' from the curb). Street improvements to Hillcrest will require construction in this area.
However, later in 1962 the rezoning was rescinded after an election was called by referendum.
Any covenants that were in place with the rezoning were most likely invalidated when the
rezoning was rescinded.
KARepora120061PC Reports102-I3-061R-PZD 064883 (Abshier Heights) DOC
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