HomeMy WebLinkAboutOrdinance 4960 um
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Bette Stemos Clrcult Clerk
F11e2007-00002648
ORDINANCE NO. 4960
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2212, STADIUM CENTRE
COTTAGES, LOCATED AT OLD FARMINGTON ROAD, WEST OF
SANDRA STREET; CONTAINING APPROXIMATELY 2.45 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 and R-A,
Residential Agriculture to R-PZD 06-2212 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. Said Exhibit "C" shall be filed in the office of the City Clerk of the City of Fayetteville.
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. `�„ nrtrtinr,,
PASSED and APPROVED this 19th day of December, 2006. G• G�jy OF , Gp
APPROVED : ATTEST: p FAY ETT EVI LLE ;
co
By: J1 4241 By: two G��a. 1 Vu tM o'%�i �u ptN1G���`�
DA-VCOOD ;May S NDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
R-PZD 06-2212
A PART OF THE NORTHEAST QUARTER (NE 1 /4) OF THE NORTHWEST QUARTER (NW
1/4) AND A PART OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE NORTHWEST
QUARTER (NW 1/4) ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE 1 /4)
OF THENORTHWEST QUARTER (NW 1/4), SAID POINT BEING AN EXISTING RAILROAD
SPIKE; AND RUNNING THENCE N87'01 'I9"W 607.86 FEET TO A 1 /2" IRON REBAR FOR
THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S02016'39"W 144.69 FEET;
THENCE N87043'21 "W 454.57 FEET; THENCE NO1 °28' 10"E 147.70 FEET; THENCE
N62017'29"E 25 .63 FEET; THENCE N66°49'05"E 31 .82 FEET; THENCE N71 °20'37"E 46.00
FEET; THENCE N73°30'43"E 137.60 FEET; THENCE N74°44' 10"E 75 .61 FEET; THENCE
N75046' 12"E 167.27 FEET; THENCE S02° 16'32"W 160.50 FEET TO THE POINT OF
BEGINNING. CONTAINING 2.45 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-
OF-WAYS OF RECORD.
.. ... .. .. .. .
EXHIBIT 1113'!
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EXHIBIT "C"
R-PZD 06-2212
(Page 1 of 3)
Conditions of Approval
1 . City Council determination of street improvements. Staff recommends the following: The
developer shall improve Old Farmington Rd. to include an 18' wide street section from centerline
with curb, gutter, storm drains and a 6-foot sidewalk at the Master Street Plan right-of-way and
street lights every 300' along the property frontage. Improvements 14' from centerline for Sandra
Street with curb, gutter, storm drains and a 4-foot sidewalk at the Master Street Plan right-of-way
and street lights every 300' shall be installed by the developer. Additionally, to ensure safe traffic
movements from Old Farmington Rd. onto One Mile Rd., staff recommends improvements to the
southwest corner of said streets to improve the turning radius. These improvements shall be
coordinated with the Engineering Division. The applicant shall conduct a traffic study at the
intersection of One-Mile Road and Old Farmington Road to assess the need for three-way stop
signage, coordinating this process with the City Engineer.
CITY COUNCIL DETERMINED IN FAVOR OF THIS CONDITION
2. The City Council accepts the Planned Zoning District Plans as submitted for review on 12- 19-06,
without a street connection to Sandra Street. If the developer can satisfy the Fire Department and
Solid Waste Division with adequate turn-around and access, the "T' intersection shall be
permitted . Should either division not be satisfied, a standard cul-de-sac shall be constructed,
removing Lot # 11 .
CITY COUNCIL ADDED THIS CONDITION (12-19-06).
3 . Units 1 - 10 along Old Farmington Rd. shall be front facing with access to garages only permitted
from Street "A". 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.
4. Private streets/alley/drives, sidewalks, greenspace 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 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)
5. Staff is recommending approval of the submitted Tree Preservation Plan associated with RPZD
06-2196 with the following conditions of approval:
EXHIBIT "C"
R-PZD 06-2212
(Page 2 of 3)
a. Please coordinate the installation of the sidewalk with the Urban Forester and the
Sidewalk Administrator to save as many trees along Old Farmington Road as possible.
b. Between Stadium Centre Commercial and these cottages, l l l (2) inch caliper large
species trees are required for mitigation. Both properties share the same owner so on-site
mitigation is allowed.
c. By staff's calculations 61 (2) inch caliper large species trees are planned for the cottage
development. This leaves a remainder of 50 trees or $ 12,500 to be paid into the Tree
Escrow Account. This payment will be due before the issuance of the first building
permit.
d. Please include a revised mitigation chart that calculates all mitigation required and what is
proposed for on-site planting. This should be separated by Stadium Center Commercial
and Stadium Center Cottages. Canopy calculations have changed since the last submittal
and now 4 (2) inch caliper large species tree are required for mitigation of the cottages.
e. All on-site mitigation trees shall be planted before the certificate of occupancy for the
cottages they are associated with. These trees can not be located within any utility
easements.
f A 3-year maintenance and monitoring bond, letter of credit, or check in the amount of
$ 19,750 shall be submitted to the City before the certificate of occupancy is granted on
the last cottages.
6. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks
or utility easements.
7. Solid fences shall not be permitted along Old Farmington Road.
8. A 6' wood board, privacy fence shall be required to be constructed along the east property line of
Lots 11 and 15 (south of Sandra Street), in addition to the proposed large species trees as offered
by the applicant.
9. One ( 1 ) large species tree shall be planted in between each of the driveways and every 30 linear
feet along Old Farmington Road where existing trees cannot be preserved, and shall be depicted
on the landscape plan.
10. The location and construction of the sidewalk along Old Farmington Road shall be coordinated
with the Urban Forester and Sidewalk Administrator at the time of construction.
11 . Parks fees in the amount of $9,435 .00 are due, prior to signing the final plat.
12. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development
Code, and shall be subject to signage requirements for residential single-family development.
13 . 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
r
EXHIBIT "C"
R-PZD 06-2212
(Page 3 of 3)
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.
14. Prior to building permit, a cost estimate for all required landscaping and sidewalks is to be
submitted 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. This guarantee will be held until the
improvements are installed and inspected, at the time of Certificate of Occupancy.
15. All permits to begin construction shall be obtained within one year from the date of approval; a
one year extension may be obtained, pursuant to Chapter 166 of the Unified Development Code.
A final plat shall be required in accordance with City of Fayetteville requirements.
Standard Conditions of Approval:
16. 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).
17. 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.
18. 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.
19. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities
shall be located underground.
20. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and
cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning
Staff prior to building permit.
21 . 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 priorto
any land disturbance.
c. Separate easement plat that shall include the tree preservation area.
d. Project Disk with all final revisions
'r
EXHIBIT "C"
R-PZD 06-2212
(Page 4 of 3)
e. Completion of all required improvements or the placement of 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, notjust guaranteed,
prior to the issuance of a Certificate of Occupancy.
Washington County, AR
II certify `this �Instrumentwas 'filed on
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:and ,recortied in ''Real Estate
file Number.2007=.00002648 _
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ENGINEERING. INC.
November 16, 2006
City of Fayetteville
City Council
113 West Mountain Street
Fayetteville, AR 72701
RE: APPEAL OF PLANNING COMMISSION DENIAL OF R-PZD 06-2212
STADIUM CENTRE COTTAGES
Dear Aldermen,
On behalf of our client, Mathias Shopping Centers, Inc., please consider this correspondence as an official
request to appeal the decision of the Fayetteville Planning Commission to deny approval of R-PZD 06-
2212 Stadium Centre Cottages at the November 13, 2006 meeting.
This project was initially denied by the Planning Commission at the September 25, 2006 meeting. The
commissioners cited several reasons for their denial of the initial submittal. Among those reasons were,
density, the extensive use of multi-family units, lack of connectivity with the Stadium Centre commercial
development to the south, units not fronting Old Farmington Road, and transition from the single family
residential development to the east.
After discussions with Commissioner Ostner, we revised the layout to address all the previously
mentioned reasons for denial. Connectivity was added to the commercial development to the south. We
reduced the number of proposed units from 24 units to 17, taking the density to 6.9 units per acre. All but
three units were made into single family units with front porches facing Old Farmington Road and rear
entry garages, and no duplexes adjacent to the single family development to the east. Once those revisions
were made, Commissioner Ostner, sponsored a reconsideration of the project, and it was put on the
November 13th agenda. This resubmittal has full staff approval as well.
After discussions regarding a lack of greenspace, the commissioners voted 4-3 in favor of the project with
Commissioner Trumbo abstaining, and Commissioner Graves absent. This was one vote shy of the
necessary 5 votes for rezoning approval. We feel we have worked with the commission and staff to
propose a good project, addressing all their concerns, and most of the neighbors concerns. We are
requesting that the City Council approve this project subject to the conditions of approval as stated at the
Planning Commission meeting on the 13'h.
Thank you for your consideration in this matter. ` I
Sincerely RECEIVED
ED
NOV 16 2006
CITY OF FAYETTEVILt.t
Thomas A. Hennelly, P.E. CITY CLERK'SOFFICF
President
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254
City Council Meeting of December 5, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations®' g
From: Jeremy C. Pate, Director of Current Planning
Date: November 16, 2006
Subject: Residential Planned Zoning District for Stadium Centre Cottages (R-PZD 06-2212)
RECOMMENDATION
The Planning Commission voted 4-3- 1 in favor of a motion to forward the subject request to the
City Council with a recommendation for approval. The motion to . forward failed, however,
because five affirmitive votes are required for a zoning request.
Planning Staff recommends in favor of the request for an ordinance to create a Residential
Planned Zoning District for Stadium Centre Cottages. This action would establish a unique
zoning district for a residential development with a maximum of 17 dwelling units on a 2.45-acre
tract located south of Old Farmington Road and west of One Mile Road.
BACKGROUND
The subject property consists of approximately 2.45 acres located south of Old Farmington Road
and west of Sandra Street. The site is zoned RSF-4, Residential Single-family and R-A,
Residential Agriculture. Property to the south was recently approved for a retail center and two
out lots for future commercial development. Ten single family homes are proposed to front onto
Old Farmington Road, with access via a one-way, private alley that will connect from Sandra'
Street west to a shared driveway that connects the commercial center to the south (access to Hwy
62) and Old Farmington Road to the north. A private street is proposed to provide access to lots
11 - 14, which consists of one single family home and three two-family homes. 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, staff recommended and the Planning Commission voted to deny an R-PZD on
the subject property. The original proposal contained 24 dwelling units, 21 of which were multi-
family townhouses. The Planning Commission (and staff) cited concerns with the compatibility
and transition of use and density adjacent to the larger-lot single family subdivision to the east,
lack of connectivity to the south, information not provided about off-site street improvements and
the function of the interior street. At its next meeting, the Planning Commission voted to
reconsider the project, on the grounds that these issues were to be addressed with a new plan.
On November 13, 2006, the Planning Commission voted 4-3-1 to forward this request to the City
Council with commissioners Harris, Clark, and Anthes voting `No' (one Commissioner abstained
and one was absent). The motion failed and the applicant has appealed this request to City
Council. The main issues of Planning Commission concern centered on a lack of open space for
City Council Meeting of December 5, 2006
Agenda Item Number
the 17 dwelling units, density, compatibility, and increased traffic. Staff recommended approval
of the revised plans, finding that all previously detailed issues had been fully addressed and
finding the project compatible in density, land use and meeting many of the goals of the CityPlan
2025 and the Planned Zoning District ordinance.
During the item's consideration, the Planning Commission members voted 7-0-0 to amend staffs
recommendation for improvements to Old Farmington Road. Staff recommended an 18' street
section from centerline including curb and gutter, storm drains and a 6' sidewalk. As amended by
the Planning Commissioners, the applicant was to construct a 14' street section from centerline
including curb and gutter, storm drains and a 6' sidewalk with the remaining 4' of improvements
to be paid by the developer for additional street improvements in the vicinity. Should the City
Council wish to also change this recommendation, an amendment would need to be made to the
PZD proposal.
BUDGET I14IPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2212, STADIUM
CENTRE COTTAGES, LOCATED AT OLD FARMINGTON
ROAD, WEST OF SANDRA STREET; CONTAINING
APPROXIMATELY 2.45 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 and R-A, Residential Agriculture to
R-PZD 06-2212 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. Said Exhibit "C"
t shall be filed in the office of the City Clerk of the City of Fayetteville.
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