HomeMy WebLinkAboutOrdinance 4931 • Doc ID : . 010506660007 TVDe : REL I.
Recorded : 10/25/2006 et 01 : 54 : 56 PM II
_ Fee Amt : 526 . 00 Pace 1 of 7
Washington CoOnty . AR
Bette Stamps Circuit Clerk
File200640043808
ORDINANCE NO. 4931
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2190, WOODBURY,
LOCATED SOUTH OF ZION ROAD AND EAST OF TALIESIN
LANE, CONTAINING APPROXIMATELY 11 .66 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 R-A, Residential Agricultural, to R-PZD 06-2190 as
shown in Exhibit "A" and depicted in Exhibit "B" 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, statement of commitments and the conditions of approval
as submitted, determined appropriate and approved by the City Council indicated in Exhibit "C"
attached hereto and made a part hereof.
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. "'RtC%TR "'' .
E
PASSED and APPROVED this 3`d day of October, 2006. ;�� • O • • • F
APPROVED: ATTEST: ; FAYETTEVILLE *
9'�,I/SGT N
DAN COODY, May SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-2190
A PART OF THE NEIA OF THE SETA OF SECTION 24, IN TOWNSHIP 17 NORTH AND
RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT:
COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE S86056'03"E 653 .39 FEET TO A FOUND RAILROAD
SPIKE SET IN CONCRETE AT THE SOUTHEAST CORNER OF USONIA TERRACE
ADDITION TO THE CITY OF FAYETTEVILLE, THENCE ALONG SAID SUBDIVISION LINE
N00°31 ' 16"W 225.51 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N 000
31 ' 16" W OF 566.61 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE, SAID
CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 170 34' 51 .6". HAVING A
RADIUS OF 724.78 FEET, AND WHOSE LONG CHORD BEARS N 810 0815411 E FOR A
DISTANCE OF 221 .52 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL
LINE, THENCE N 890 52' 32" E OF 477.01 FEET TO A FOUND 5/8-INCH REBAR, THENCE
LEAVING SAID RIGHT OF WAY S O10 14' 05" W 866.33 FEET TO A FOUND 5/8-INCH
REBAR, THENCE N 860 39' 43 " W 370.36 FEET TO A FOUND IRON PIN, THENCE N O1 ° 14'
11 " W 225.60 FEET TO A FOUND 5/8-INCH REBAR, THENCE N 860 40114" W 297.97 FEET
TO THE POINT OF BEGINNING CONTAINING 11 .66 ACRES MORE OR LESS. SUBJECT TO
RIGHT OF WAY ALONG ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF
RECORD.
EXHIBIT 'eB"
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EXHIBIT "C"
R-PZD 06-2190
Page 1 of 4
Conditions of Approval
I . Planning Commission determination of street improvements. Staff recommends the developer
construct curb, gutter, sidewalk, and storm drainage along the south side of Zion Road along the
property frontage, and extend these improvements approximately 220' to the west to tie-in to the
existing improvements at Taliesin Lane, utilizing a 36' wide street section (striped for a turn lane).
2. Planning Commission determination of offsite drainage improvements in lieu of onsite detention.
Staff recommends that at minimum, an assessment of $33,537.50 shall be contributed to the City of
Fayetteville by the developer in lieu of typical on-site detention requirements. These funds will be
utilized in an on-going storm water drainage improvement project in the immediate vicinity.
3. Planning Commission determination of adequate connectivity. The applicant indicates street stub-outs
to the south and east, and a connection to Zion Road to the north. There is a developed single-family
subdivision to the west and connectivity is not feasible. Staff recommends the following:
a) The developer shall secure and submit a signed, recorded access easement from the adjacent
property owner to the east to allow for emergency access, prior to issuance of a building permit.
The private street shall be extended into the parking area of the property to the east as indicated
on the plat, reconstructing parking spaces/landscaping as necessary.
b) An additional stub-out shall be provided to the south between units 43 & 44, as indicated in
the submitted drawings. There is an existing large parcel of land in this area with one single
family residence with a long driveway connecting to Taliesin Lane to the west, and a driveway
connecting to the north to the subject property. A stub-out of the private street to this property
would permit future cross-access when the property to the south redevelops. Access easements
and signs indicating the future connection shall be provided prior to building permit. The
applicant shall pay an assessment to the City in the amount of$ 1 ,675 for future construction of
this stub-out prior to issuance of a building permit.
C) A public street shall be extended to the south property line in the manner indicated
(Woodbury Drive). Signs shall be provided indicating a future street connection.
4. The applicant shall dedicate right-of-way a minimum of 35 ' from centerline of Zion Road. Right-of-
way dedication for Woodbury Drive is variable as depicted on the site plan. The access easements
adjacent to Woodbury Drive shall allow the City the rights of full access to repair or replace public
infrastructure. Appropriate language shall be included on the easement plat prior to building permit,
and approved by the Transportation and Engineering Divisions.
5. Sidewalks along Zion Road shall be constructed to city standards and dedicated to the City. All
sidewalks and green space adjacent to private streets and Woodbury Drive, a public street, shall not be
owned by the City, but shall be within a public pedestrian access easement. Sidewalks adjacent to
Woodbury Drive (both sides) shall be constructed to City standards and maintained by the City as if
they are within the public right-of-way. All other sidewalks on the property shall be constructed by the
property owner to City standards and shall be maintained to acceptable City standards by the property
owner or property owner's association. The pedestrian access easement shall grant the City full
inspection, access, and maintenance rights for public benefit. Private streets, sidewalks and detention
ponds shall be the responsibility of the property owner or property owner's association to maintain
according to city standards. Covenants shall provide that in the event the private streets are not
EXHIBIT "C"
R-PZD 06-2190
Page 2 of 4
maintained as required, the City shall have the right (but shall not be required) to maintain said streets
and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to
assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the
PZD for such cost. The covenants shall grant the City the right to use all private streets for purposes of
providing fire and police protection, sanitation service and any other of the municipal functions. Said
covenants regarding maintenance of private streets shall not be amended and shall not terminate
without approval of the City Council (§ 166.06 (K. I O.b.vii).
6. Project Phasing: Streets and infrastructure shall be installed within 1 year of approval, and building
permits for all structures shall be required to be issued within 3 years of approval, or the development
approval is voided.
7. All trash enclosure locations and dimensions shall be fully reviewed and approved by the Solid Waste
Division prior to issuance of a building permit. Single family residential units may utilize residential
cart service; location for placement of carts on trash pick-up day shall be coordinated with Solid Waste
prior to building permit. Multi-family units must utilize dumpster service, and trash enclosures shall be
fully screened with materials that are compatible with and complimentary to the architecture of the
surrounding buildings.
8. Bicycle racks meeting city specifications shall be installed adjacent to the multi-family structures.
9. The Planning Commission, by conditional use permit, shall determine the appropriate size and
magnitude of any non-residential uses within Planning Area 2.
10. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or
utility easements.
11 . Building separation shall meet all applicable building codes as mandated by the Building Safety
Division.
12. Buildings shall be constructed to be consistent with the elevations and concepts depicted in the
building elevations in the booklet as specified. Building permits will be based upon the submitted
drawings.
13. All buildings shall be designed and constructed to be articulated without large blank wall surfaces as
they are visible from public rights-of-way and private streets. Multi-family buildings shall be designed
with a front fagade facing Zion Road, Woodbury Drive, and the private street along the south side of
the building. The single-family structures shall be designed with articulated facades facing both the
public and private streets. For those structures without street frontage, the front shall face the
pedestrian access.
14. Parks fees for 67 Single-Family Units in the amount of $64,320, and park fees for 45 Multi-Family
Units in the amount of $30,600 are due prior to issuance of building permit.
15. 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
EXHIBIT "C"
R-PZD 06-2190
Page 3 of 4
development. Should mixed use be proposed as part of a conditional use request, signage would be
addressed for the commercial/nonresidential use at the time of that request, and may be allowed in
accordance with neighborhood commercial development.
16. 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.
17. Should the property ever be subdivided, it shall comply with the zoning criteria as established and
approved herein.
Landscape Plan Comments:
18. Existing trees shall be retained in good health, or new trees shall be planted, one per every 30' linear
feet along Zion Road, prior to Certificate of Occupancy.
19. Pedestrian walkways and landscaping as shown on the site/landscape plans along all public and private
streets with a maximum separation of one tree per 30' linear feet of street, and between the buildings
(typical), shall be a requirement of the PZD, and shall be installed as buildings are constructed, prior
to occupancy.
Tree Preservation Plan Comments:
20. The removal of 49,775 square feet of canopy is equivalent to 228 (2) inch caliper large species trees.
Most if not all these trees should be located on-site outside of utility easements. A variety of tree
species shall be utilized in this area; all must be large shade tree variety and 2 inch caliper at the time
of planting.
21. Mitigation trees must be planted before the issuance of a Final Certificate of Occupancy. A 3-year
maintenance and monitoring bond, letter of credit or check shall be deposited with the City in the
amount of$57,000. After 3 years the Urban Forester will visit the site and release the amount finding
90% of the trees healthy.
Standard Conditions of Approval:
22. 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).
23. Trash enclosures shall be screened on three sides with materials compatible with the surrounding
structures, with access not visible from the street.
24. 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
EXHIBIT "C"
R-PZD 06-2190
Page 4 of 4
comply with City's current requirements.
25. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall
be located underground.
26. Street lights shall be installed adjacent to all public and private streets (not alleys), with a separation of
no greater than 300 feet.
27. All exterior lighting is required to comply with the City's lighting ordinance. Alighting plan and cut-
sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior
to building permit.
28. 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
10/25/2006 01 :54:56 PM
and recorded in Real,Estate I
File Number2006-00043808 }
Bette Stamps . Circuit ler
by
04D
o/3/ah
City of Fayetteville 'dV
Staff Review Form
City Council Agenda Items
or l l/aoAl �l
Contracts
3-Oct-06
` D City Council Meeting Date
Jeremy Pate �` Planning Operations
Submitted By Division Department
Action Required:
R-PZD 06-2190 (WOODBURY, 137): Submitted by 1-12 Engineering, Inc. for property located South of Zion Road, and east of
Taliesin Lane. The property is zoned R-A, Residential-Agricultural and contains approximately 11 .66 acres. The request is for
rezoning and development approval for an R-PZD with 67 single family dwellings and 45 multi-family dwellings.
$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 CategoryName
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department irector Date Original Contract Date: n/a
Original Contract Number: n/a
9 - 15 -06
City
4:7Atto �
Received in City Clerk's Office
T � Q 1�ar}h� c1 - 15 -01 N
Finance and Internal Service Director Date
+' Received in Mayor's Office ENTERED
(Sr/o
Mayor Date
Comments:
City Council Meeting of October 3 , 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: September 14, 2006
Subject: Residential Planned Zoning District for Woodbury (R-PZD 06-2190)
RECOMMENDATION
The Planning Commission voted to forward the subject request for an ordinance creating
a Residential Planned Zoning District (R-PZD) for Woodbury. This action would
establish a unique zoning district for a residential development on a 11 .66-acre tract
located on the south side of Zion Road, west of Crossover Road.
BACKGROUND
The property is currently zoned R-A, Residential Agricultural, and is generally flat, and
developed for rural residential and pasture use. The property is adjacent to. multi-family
residential use to the east, single-family residential use to the west, the Zion Gardens R-
PZD to the north, and undeveloped property to the south.
The applicant requests a rezoning and large scale development approval for 45 multi-
family units in two buildings adjacent to Zion Road and 67 single-family dwellings
around a 1 . 12 acre common area with a clubhouse, pool, and greenspace. The property
would not be subdivided into separate lots, and would be maintained by a Property
Owner's Association. Zoning criteria identifying permitted and conditional uses,
building setbacks, bulk and area requirements and architectural guidelines are included
within the project booklet provided by the applicant.
DISCUSSION
On September 11 , 2006, the Planning Commission voted 6-0-0 in favor of forwarding
this request to the City Council.
BUDGETIMPACT
None.
I
r -
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2190, WOODBURY,
LOCATED SOUTH OF ZION ROAD AND EAST OF TALIESIN
LANE, CONTAINING APPROXIMATELY 11 .66 ACRES, MORE
OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
MASTER DEVELOPMENT PLAN .
. t
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 R-A, Residential Agricultural, to,R-PZD 06-2190 as shown in Exhibit "A" and depicted
in Exhibit "B" 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, statement of commitments and the
conditions of approval,as submitted, determined appropriate and approved by the City
Council indicated in Exhibit"C ,attached hereto and made a part hereof.
Section 3. That this ordinance shall take effect and be in full force at such time as all
of the requirements of the masterldevelopment plan have been met,
a''� a"
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 12006.
APPROVED:
By
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-2190
A PART OF THE NEI /4 OF THE SETA OF SECTION 24, IN TOWNSHIP 17 NORTH AND
RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT:
COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE S86056303"E 653 .39TEET TO A FOUND
RAILROAD SPIKE SET IN CONCRETE AT THE SOUTHEAST'CORNER OF USONIA
TERRACE ADDITION TO THE CITY OF FAYETTEVILLE. THENCE ALONG SAID
f
SUBDIVISION LINE N00031 ' 16"W 225 .51 FEET TO;THEPOINT OF BEGINNING, AND
RUNNING THENCE N 000 3P 16" W OF 566.61YEET TO THE BEGINNING OF A NON-
TANGENTIAL CURVE, SAID CURVE TURNING,TO THERIGHT THROUGH AN ANGLE
OF 170 34' 51 .6", HAVING A RADIUS OF 724.78 FEET;- AND WHOSE LONG CHORD
BEARS N 810 08' -54" E FOR A DISTANCE OF 221 .52 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENTIAL LINE, THENCE N 890 5213211 E OF 477.01
FEET TO A FOUND 5/8-INCH REBAR, THENCE LEAVING SAID RIGHT OF WAY S 01 °
14' 05" W 866.33 FEET TO A FOUND 5/84NCH REBAR, THENCE N 860 39' 43 " W 370.36
FEET TO A FOUND IRON PIN, THENCE N%0. 10141 1 I W• 225 .60 FEET TO A FOUND 5/8-
INCH REBAR, THENCE N'86°-4014" W 297.97 FEET TO THE POINT OF BEGINNING
CONTAINING 11 .66 ACRES MORE OR LESS. SUBJECT TO RIGHT OF WAY ALONG
ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF RECORD.
t '
EXHIBIT "U
R-PZD 06-2190
Pate 1 of 4
Conditions of Approval
I . Planning Commission determination of street improvements. Staff recommends the developer
construct curb, gutter, sidewalk, and storm drainage along the south side of Zion Road along the
property frontage, and extend these improvements approximately 220' to the west to tie-in to the
existing improvements at Taliesin Lane, utilizing a 36' wide street section (striped for a turn lane).
2. Planning Commission determination of offsite drainage improvements in lieu of onsite detention.
Staff recommends that at minimum, an assessment of $33,537.50 shall be contributed to the City of
Fayetteville by the developer in lieu of typical on-site detention requirements. These funds will be
utilized in an on-going storm water drainage improvement project in the immediate vicinity.
3. Planning Commission determination of adequate connectivity. The applicant indicates street stub-outs
to the south and east, and a connection to Zion Road to the north. There is a developed single-family
subdivision to the west and connectivity is not feasible. Staff recommends the following:
a) The developer shal I secure and submit a signed, recorded access easement from the adjacent
property owner to the east to allow for emergency access, prior to issuance of a building permit.
The private street shall be extended into the parking area of the property to the east as indicated
on the plat, reconstructing parking spaces/landscaping as necessary.
b) An additional stub-out shall be provided to the south between units 43 & 44, as indicated in
the submitted drawings. There is an existing large parcel of land in this area with one single
family residence with a long driveway connecting to Taliesin Lane to the west, and a driveway
connecting to the north to the subject property. A stub-out of the private street to this property
would permit future cross-access when the property to the south redevelops. Access easements
and signs indicating the future connection shall be provided prior to building permit. The
applicant shall pay an assessment to the City in the amount of$1 ,675 for future construction of
this stub-out prior to issuance of a building permit.
C) A public street shall be extended to the south property line in the manner indicated
(Woodbury Drive). Signs shall be provided indicating a future street connection.
4. The applicant shall dedicate right-of-way a minimum of 35 ' from centerline of Zion Road. Right-of-
way dedication for Woodbury Drive is variable as depicted on the site plan. The access easements
adjacent to Woodbury Drive shall allow the City the rights of full access to repair or replace public
infrastructure. Appropriate language shall be included on the easement plat prior to building permit,
and approved by the Transportation and Engineering Divisions.
5 . Sidewalks along Zion Road shall be constructed to city standards and dedicated to the City. All
sidewalks and green space adjacent to private streets and Woodbury Drive, a public street, shall not be
owned by the City, but shall be within a public pedestrian access easement. Sidewalks adjacent to
Woodbury Drive (both sides) shall be constructed to City standards and maintained by the City as if
they are within the public right-of-way. All other sidewalks on the property shall be constructed bythe
property owner to City standards and shall be maintained to acceptable City standards by the property
owner or property owner's association. The pedestrian access easement shall grant the City full
inspection, access, and maintenance rights for public benefit. Private streets, sidewalks and detention
ponds shall be the responsibility of the property owner or property owner's association to maintain
according to city standards'. Covenants shall provide that in the event the private streets are not