HomeMy WebLinkAboutOrdinance 4940 11 milli 11-111 milli llj��
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- Doc ID : 010645750006 Tvoe : REL
Recorded : 12/08/2006 at 03 : 39 : 48 PM
Fee Amt : 820 . 00 Peae 1 of 6 `
Mashlnaton Countv . AR j
r Bette Stamos Circuit Clerk
F11e2006-000497221
f
ORDINANCE NO, 4940
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2169, 6TH & WOOD,
LOCATED SOUTH OF 6TH STREET NEAR WOOD AVENUE,
CONTAINING APPROXIMATELY 1 .80 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 06-2169 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 1 above. `,,,%AG,R;�R�,,,,,,,
m �`t� :`G\TY 6 SG
PASSED and APPROVED this 7 day of November, 2006. r�; ;9P
a
FAYETTEVILLE
APPROVE ATTEST: %9s•:9P 5
s ,kANSP �,
ON G�J��•
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By: By: cI
DAN COOD 0 S RA SMITH, City Clerk
EXHIBIT `.`A".
R-PZD 06-2169
PART OF LOTS 6,7,8 AND 9 IN AUMICK ADDITION, AS SHOWN IN PLAT BOOK 4 AT
PAGE 124, AND PLAT BOOK 5 AT PAGE 41 , BEING PART OF THE SE IA OF THE S W I A OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE INTERSECTION OF THE WEST LINE OF
SAID LOT 6 AND THE SOUTH RIGHT-OF-WAY LINE OF 6T" STREET AS DESCRIBED IN A
WARRANTY DEED RECORDED AS DOCUMENT NUMBER 99 68660; THENCE ALONG
THE SOUTH RIGHT-OF-WAY LINE OF SAID 6T" STREET THE FOLLOWING FOUR
COURSES : S82°37' 13"E 140.48 FEET TO A FOUND IRON PIN; THENCE S82° 07'23"E 40. 17
FEET TO A ROUND IRON PIN; THENCE S82° 18' 1 6"E 85 .51 FEET TO A FOUND IRON PIN;
THENCE S73005 '49"E 144.36 FEET TO A FOUND IRON PIN ON THE EAST LINE OF SAID
LOT 9; THENCE DEPARTING SAID SOUTH LINE AND ALONG SAID EAST LINE S020
25136"W 155 .68 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE ALONG
THE SOUTH LINE OF SAID AUMICK ADDITION N87029137"W 405.03 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 6; THENCE NO2'28' 1 8"E 215 .00 FEET TO THE POINT
OF BEGINNING, CONTAINING 78,230 SQUARE FEET OR 1 .80 ACRES, MORE OR LESS,
BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD
OR FACT.
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EXHIBIT "C"
R-PZD 06-2169
Page 1 of 3
Conditions of Approval
1 . Planning Commission determination of street improvements. Staff does not recommend street
improvements be required with this project find the surrounding street system is adequate to support
the proposed 20 residential units, which will generate approximately 117 vehicle trips per day onto the
improved adjacent streets.
2. Cross Access: The entire looped driveway shall be included in an access easement. Surrounding
property to the east and west is not feasible for a cross-access vehicular or pedestrian connection,
however, the property to the south is undeveloped and has potential for a connection. Staff
recommends the dumpster locations be re-evaluated and at least one of the drive aisles be stubbed out
to the southern property line and included in the access easement to allow for future cross access at the
time the property to the south develops.
3 . Project Phasing: This development shall be built in one phase, with all permits for construction
required to be issued within one year of City Council approval, subject to the extension opportunities
available in Chapter 166 of the UDC for Large Scale Development.
4. Revisions to be completed: '
a. Sheet 3 .0, Vicinity Map: City Zoning should be modified to show the RSF-
8 zoning north of 6'h Street.
b. Per City Fire Code requirements the access driveways are required to be less
than a 10% slope; if any portions of the access driveways are steeper than
10% they shall be required to be approved by the City Fire Chief prior to
issuance of any permits for construction.
c. The building and retaining wall are both within the new 20' utility easement
for the proposed sanitary sewer line at the southeast corner of the site. This
is in conflict with the City criteria, and the structures should be removed
from the easement
5 . No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or
utility easements.
6. Buildings shall be constructed to be consistent with the photos and concepts depicted in the booklet as
specified. Building permits will be based upon the submitted photos.
7. Parks fees for 20 Multi-Family Units in the amount of $ 13,600, are due prior to issuance of building
permit.
8. 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.
9. 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.
10. Should the property ever be subdivided, it shall comply with the zoning criteria as established and
approved herein.
EXHIBIT "C"
R-PZD 06-2169
Page 2 of 3
11 . Prior to building permit, a cost estimate for all required landscaping is to be submitted to the
Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter
ofcredit/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.
12. Streets lights shall be installed along 6'" Street at a minimum spacing every 300' as needed.
Tree Preservation Conditions:
13 . Mitigation will be required on this site to bring the canopy back up to the required 15%. The
applicant has requested and been approved to utilize the Residential On-Site Mitigation Option.
14. Two (2) inch caliper large species trees shall be planted on-site before the final certificate of
occupancy. These trees should be bonded for $500 for a 3-year time period to ensure health and
longevity.
Engineering Comments:
15 . All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review
for plat approval is not approval of public improvements, and all proposed improvements are subject
to further review at the time construction plans are submitted.
16. A revised detention design has been submitted with this application. The proposed low water crossing
submitted that acts as a weir for the proposed detention pond will be accepted provided the design
storms below 25 yrs will not top the weir; the 100 yr depth over the weir is held below 8 inches; and a
guard rail is installed on the downstream side of the roadway to prevent a pedestrian or a vehicle from
being washed downstream.
Standard Conditions of Approval: ,
17. 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, S WBT, Ozarks,
SWEPCO, Cox Communications).
18. Trash enclosures shall be screened on three sides with materials compatible with the surrounding
structures, with access not visible from the street. Architectural elevations for these structures shall be
submitted for review prior to issuance of a building permit.
19. 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.
20. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall
be located underground.
21 . All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut-
EXHIBIT "0)
R-PZD 06-2169
Page 3 of 3
sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior
to building permit.
22. 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.
b. Separate easement plat for this project that shall include the tree preservation
area.
c. Project Disk with all final revisions
d. 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.
a
Washington County, AR
I certify this instrument was filed on
12/08/2008 03:39:48 PM j
and recorded in Real Estate
File Number 2006-00049722
Bee amps - Circuit Clerk �
i
J
City of Fayetteville
Staff Review Form qf9�d
P
City Council Agenda Items 2' I- z L) 06" 1147
Contracts
17-Oct-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
R-PZD 06-2169: Planned Zoning District (6TH & WOOD, 524): Submitted by N. Arthur Scott for property located at 6th &
Wood. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1 .80 acres. The request is for re-
zoning and development approval for a Residential Planned Zoning District with 20 multi-family units.
$0.00 n/a n/a
Cost of this request CategorylProject Budget Program Category / Project Name
n/a n/an/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 Di ector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City erk ffice
N
Finance and Internal Service Director .......Fate
Received in Mayor's Office ENTERED
Mayor Date
Comments:
� Qf 01SK4t (Irsf reda'117 /d�i7/a6
City Council Meeting of October 17, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations ``pp
From: Jeremy C. Pate, Director of Current Planning'`
Date: September 28, 2006
Subject: Residential Planned Zoning District for 6a' and Wood (R-PZD 06-2169)
RECOMMENDATION
The Planning Commission voted to forward the subject request for an ordinance creating
a Residential Planned Zoning District (R-PZD) for 6° and Wood. This action would
establish a unique zoning district for a residential development on a 1 .80-acre tract
located on the south side of 6's Street, approximately 300' east of Wood Avenue.
BACKGROUND
The site is zoned C-2, hnd is generally flat with the exception of a significant slope
directly adjacent to the street, which is above the overall property, and undeveloped
property with 65% tree canopy coverage. The existing right-of-way for 6`h Street varies
from approximately 72' to 82' from centerline, far exceeding the more typical 25' from
centerline that would be required in this location. This large amount of right-of-way was
required for the slope to construct the 6°i Street improvements adjacent to the site.
The applicant requests a rezoning and large scale development approval for 20 multi-
family units in five buildings accessed off of a looped driveway onto 61h Street. 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 25, 2006, the Planning Commission voted 5-3-0 in favor of forwarding
this request to the City Council with commissioners Ostner, Anthes, and Myres voting
`No' .
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2169, 6TH & WOOD,
LOCATED SOUTH OF 6TH STREET NEAR WOOD AVENUE,
CONTAINING APPROXIMATELY 1 .80 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 06-2169 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 1 above.
PASSED and APPROVED this 170' day of October, 2006.
APPROVED:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-2169
PART OF LOTS 6,7,8 AND 9 IN AUMICK ADDITION, AS SHOWN IN PLAT BOOK 4 AT
PAGE 124, AND PLAT BOOK 5 AT PAGE 41 , BEING PART OF THE SETA OF THE SW 1/4 OF
SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND IRON PIN AT THE INTERSECTION OF THE WEST LINE OF
SAID LOT 6 AND THE SOUTH RIGHT-OF-WAY LINE OF 0 STREET AS DESCRIBED IN A
WARRANTY DEED RECORDED AS DOCUMENT NUMBER 99 68660; THENCE ALONG
THE SOUTH RIGHT-OF-WAY LINE OF SAID 6T" STREET THE FOLLOWING FOUR
COURSES: S82'37' 1 3"E 140.48 FEET TO A FOUND IRON PIN; THENCE S82° 07'23"E 40. 17
FEET TO A ROUND IRON PIN ; THENCE S82°18' 16"E 85.51 FEET TO A FOUND IRON PIN;
THENCE S73005 '49"E 144.36 FEET TO A FOUND IRON PIN ON THE EAST LINE OF SAID
LOT 9; THENCE DEPARTING SAID SOUTH LINE AND ALONG SAID EAST LINE S02°
25936"W 155.68 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE ALONG
THE SOUTH LINE OF SAID AUMICK ADDITION N87029'37"W 405.03 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 6; THENCE NO2'28' 1 8"E 215.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 78,230 SQUARE FEET OR 1 .80 ACRES, MORE OR LESS,
BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD
OR FACT.
EXHIBIT "C"
R-PZD 06=2169
Page 1 of 3
Conditions of Approval
1 . Planning Commission determination of street improvements. Staff does not recommend street
improvements be required with this project find the surrounding street system is adequate to support
the proposed 20 residential units, which will generate approximately 117 vehicle trips per day onto the
improved adjacent streets.
2. Cross Access: The entire looped driveway shall be included in an access easement. Surrounding
property to the east and west is not feasible for a cross-access vehicular or pedestrian connection,
however, the property, to the south is undeveloped and has potential for a connection. Staff
recommends the dumpster locations be re=evaluated and at least one of the drive aisles be stubbed out
to the southern property line and included in the access easement to allow for future cross access at the
time the property to the south develops.
3. Project Phasing: This development shall be built in one phase, with all permits for construction
required to be issued within one year ofCity Council approval, subject to the extension opportunities
available in Chapter 166 of the UDC for Large Scale Development.
4. Revisions to be completed:
a. Sheet 3 .0, Vicinity Map: City Zoning should be modified to show the RSF-8
zoning north of 6'h Street.
b. Per City Fire Code requirements the access driveways are required to be less than a
10% slope; if any portions of the access driveways are steeper than 10% they shall
be required to be approved by the City Fire Chief prior to issuance of any permits
for construction. .
c. The building and retaining wall are both within the new 20' utility easement for the
proposed sanitary sewer line at the southeast corner of the site. This is in conflict
with the City criteria, and the structures should be removed from the easement
5. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or
utility easements.
6. Buildings shall be constructed to be consistent with the photos and concepts depicted in the booklet as
specified. Building permits will be based upon the submitted photos.
7. Parks fees for 20 Multi-Family Units in the amount of$13,600, are due prior to issuance of building
permit.
8. 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.
9. 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.
10. Should the property ever be subdivided, it shall comply, with the zoning criteria as established and
approved herein.
EXHIBIT "C"
R-PZD 06-2169
Pase 2 of 3
11 . Prior to building permit, a cost estimate for all required landscaping is to be submitted to the
Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter
ofcredit/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.
12. Streets lights shall be installed along 6`h Street at a minimum spacing every 300' as needed.
Tree Preservation Conditions:
13. Mitigation will be required on this site to bring the canopy back up to the required 15%. The
applicant has requested and been approved to utilize the Residential On-Site Mitigation Option.
14. Two (2) inch caliper large species trees shall be planted on-site before the final certificate of
occupancy. These trees should be bonded for $500 for a 3-year time period to ensure health and
longevity.
Engineering Comments:
15. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review
for plat approval is not approval of public improvements, and all proposed improvements are subject
to further review at the time construction plans are submitted.
16. A revised detention design has been submitted with this application. The proposed low watercrossing
submitted that acts as a weir for the proposed detention pond will be accepted provided the design
storms below 25 yrs will not top the weir; the 100 yr depth over the weir is held below 8 inches; and a
guard rail is installed on the downstream side of the roadway to prevent a pedestrian or a vehicle from
being washed downstream.
Standard Conditions of Approval:
17. 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).
18. Trash enclosures shall be screened on three sides with materials compatible with the surrounding
structures, with access not visible from the street. Architectural elevations for these structures shall be
submitted for review prior to issuance of a building permit.
19. 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.
20. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall
be located underground.
21 . All exterior fighting is required to comply with the City's lighting ordinance. A lightingplan and cut-