HomeMy WebLinkAboutOrdinance 4969 f I36
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Doc ID : 010799510005 TVDe : REL
I Recorded : 01/31/2007 at 11 : 03 : 05 AM
! Fee Amt : $20 . 00 Paae 1 of 5
r Nashinoton Countv . AR
I Bette Stamos Circuit Clerk
FL4007-00003740„
I
ORDINANCE NO. 4969
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2349, WESTBROOK
VILLAGE II, LOCATED AT SALEM ROAD AND CLABBER
CREEK DRIVE; CONTAINING APPROXIMATELY 1 .38 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 06-2349 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 and available for view 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.
-. 0^GTY �okesel
PASSED and APPROVED this 2"d day of January, 2007.
; FAYETTEVILLE ;
APPROVED: ATTEST: - -
.s�9RKANSP�J=�:
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By: By.
DAN COODY, Mn
SON DRA SMITH, City Cler urer
EXHIBIT "A" -- R-PZD 06-2349
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 SWI /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 S02°34'27"W 117.00 FEET; THENCE ALONG A
CURVE TO THE RIGHT 14AVING A RADIUS OF 25 .00 FEET, A LONG CHORD THAT BEARS
S47034127"W, 35 .36 FEET, AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRON PIN; THENCE
N87025'33 "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 S6600114711W,
13 .38 FEET, AN ARC DISTANCE OF 13.87 FEET TO A FOUND IRON PIN; THENCEN87°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 N42028149"W, 35 .36 FEET, AN ARC
DISTANCE OF 39.27 FEET TO A FOUND IRON PIN; THENCE NO2°3 I ' 1 I "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.
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 SWI /40F
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 N4202711 I "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 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 N36002'02"E, 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 S61 °04'04"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.
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EXHIBIT "C"
R-PZD 06-2349
Page 1 of 2
CONDITIONS OF APPROVAL:
1 . A shared driveway shall be provided for Lots 10 and 11 .
2. Individual lot access shall be provided from the alleys and shall be prohibited from Salem
Rd.
3 . An additional 5 ' of right-of-way shall be dedicated for Salem Road along the property
frontage.
4. All infrastructure improvements shall be installed, inspected and accepted prior to final plat
approval.
5 . No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
6. Parks fees are due in the amount of $6, 105.00 for 11 single-family dwelling units, prior to
building permit approval.
7. Street trees are required for every individual lot in a subdivision. There are existing trees for
all lots except 7-9. Three (3) trees shall be planted for Lots 7-9 and the timing for installation
shall be indicated on the site plans.
8. A three (3) year maintenance bond for the required street trees is required in the amount of
$750.00 prior to signing the final plat.
9. 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.
10. 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.
11 . 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.
Standard Conditions of Approval:
12. 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).
EXHIBIT "C"
R-PZD 06-2349
Page 2 of 2
13 . 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.
14. 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.
15 . All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
16. 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.
17. 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.
City of Fayetteville
Staff Review Form
City Council Agenda Items ' nIL XITla
or
Contracts
'Y -
2-Jan-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
R-PZD 06-2349: Planned Zoning District (Westbrook Village II, 284): Submitted by Project Design Consultants for property
located at Salem Road and Clabber Creek Drive and contains approximately 1 .38 acres. The request is for approval of a
Residential Planned Zoning District with 1 l single-family lots.
$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 Q
Previous Ordinance or Resolution # n/a
Department D' ector Date Original Contract Date: n/a
Original Contract Number: n/a
City A ey
Received in City Clerk's
� Ci � Q I7. - tg -oG ' ZC
Finance and Internal Service Director Date
Received in Mayor's Office %ED
Mayor D
Comments:
City Council Meeting of January 2, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations y�
From: Jeremy C. Pate, Director of Current Planning`
Date: December 14, 2006
Subject: Residential Planned Zoning District for Westbrook Village II (R-PZD 06-2349)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Westbrook Village II, 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 .38 acres located at Lots 1 & 2
of the Salem Village P.U.D. The proposal consists of a residential development
consisting of l 1 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.
A Residential Planned Zoning District was approved on the subject properties by the City
Council on February 21 , 2006 for development of 7 single-family homes. However, the
approved development never received final plat approval and consequently was not
constructed.
DISCUSSION
The Planning Commission voted 8-0-0 in favor of this request on December 11 , 2006.
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 06-2349, WESTBROOK
VILLAGE 1I, LOCATED AT SALEM ROAD AND CLABBER
CREEK DRIVE; CONTAINING APPROXIMATELY 1 .38 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 RSF4, Residential Single Family, 4 units per acre to R-PZD 06-2349 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 and available for view 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 12007.
APPROVED :
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-2349
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 NW1 /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 S47034127"W,
35.36 FEET, AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRON PIN; THENCE N87025'33"W
4620 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 N87028'49"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 N42028149"W, 35.36 FEET, AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRON PIN;
THENCE NO2031 '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.
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 NW1 /4 OF THE SW1 /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 N87°28'49"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 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
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 N36002'02"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 S61 °04'04"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 S42025133"E, 35.36 FEET, AN ARC DISTANCE OF 39.27; THENCE
S02034'27"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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EXHIBIT "C"
R-PZD 66-2349
Page 1 of 2
CONDITIONS OF APPROVAL:
1 . A shared driveway shall be provided for Lots 10 and 11 .
2. Individual lot access shall be provided from the alleys and shall be prohibited from Salem
Rd.
3. An additional 5 ' of right-of-way shall be dedicated for Salem Road along the property
frontage.
4. All infrastructure improvements shall be installed, inspected and accepted prior to final plat
approval.
5. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
6. Parks fees are due in the amount of $6, 105.00 for I 1 single-family dwelling units, prior to
building permit approval.
7. Street trees are required for every individual lot in a subdivision. There are existing trees for
all lots except 7-9. Three (3) trees shall be planted for Lots 7-9 and the timing for installation
shall be indicated on the site plans.
8. A three (3) year maintenance bond for the required street trees is required in the amount of
$750.00 prior to signing the final plat.
9. 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.
10. 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.
11 . 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.
Standard Conditions of Approval:
12. 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).
EXHIBIT "C"
R-PZD 06-2349
Page 2 of
13. 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.
14. 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.
15. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
16. 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.
17. 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.