HomeMy WebLinkAboutOrdinance 4986 Doc ID : 010973190008 TVDe : REL
Recorded : 03/23/2007 at 02 : 01 : 47 PM
Fee Amt : $29 . 00 Pace 1 of 8
Mashlnoton Countv . AR
Bette Stamps Circuit Clerk
File200740010683I
1
ORDINANCE NO. 4986
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2196, WEST FORK
PLACE, LOCATED AT THE END OF RAY AVENUE, SOUTH OF
HUNTSVILLE ROAD; CONTAINING APPROXIMATELY 13 .92
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 Agriculture, RSF-4, Residential Single
Family, 4 units per acre, C-2, Thoroughfare Commercial and
I-2, General Industrial, to R-PZD 06-2196 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 6th day of March, 2007.
Page 2
Ord. 4986
APPROVED: ATTEST:
By: By:-` // t � '
DAN COODY, May SONDRA E. SMITH, City Clerk/Treasurer
nnnhqt '
SFAYETTEVILLE ;
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EXHIBIT "A"
R-PZD 06-2196
LOT 9 IN BLOCK 4 IN WATSON ADDITION, AS SHOWN ON THE PLAT RECORDED IN
PLAT BOOK 1 AT PAGE 220; ALSO PART OF THE EAST I /2 OF THE SOUTHEAST 1 /4 OF
THE NORTHWEST 1 /4; ALSO PART OF THE SOUTHWEST 1 /4 OF THE NORTHEAST 1 /4,
ALL IN SECTION 23, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, ALL TOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST 1/2 OF THE SOUTHEAST
1/4 OF THE NORTHWEST 1 /4; THENCE NO2°39'35"E 879. 11 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NO2°39'35 "E 260.95 FEET; THENCE ALONG THE
SOUTH LINE OF SAID BLOCK 4 AND THE WESTERLY PROLONGATION THEREOF
S87022'44"E 789.38 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE
DEPARTING SAID SOUTH LINE NO2052'43 "E 150.26 FEET TO A FOUND IRON PIN AT THE
NORTHWEST CORNER OF SAID LOT 9; THENCE S87° 19'05"E 91 .92 FEET TO THE
NORTHEAST CORNER OF SAID LOT 9; THENCE S02051 '50"W 150. 16 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE SOUTH LINE OF SAID
BLOCK 4 AND THE EASTERLY PROLONGATION THEREOF S87022'44"E 175 .50 FEET;
THENCE S05048' 12"E 282.61 FEET; THENCE S86°43'07"E 205.49 FEET TO A POINT ON THE
CENTERLINE OF THE WHITE RIVER ; THENCE ALONG SAID CENTERLINE THE
FOLLOWING SIX COURSES : SI 8' 18'13"W 143.01 FEET; THENCE S57°24'30"W 261 .31 FEET;
THENCE S89014'54"W 209.81 FEET; THENCE S62°07'03 "W 157. 11 FEET; THENCE
N84009'20"W 158.79 FEET; THENCE S63°37'01 "W 101 .34 FEET; THENCE DEPARTING SAID
CENTERLINE N30011 ' 12"W 73 .53 FEET TO THE INTERSECTION OF THE CENTERLINE OF
A CREEK WITH SAID WHITE RIVER; THENCE ALONG SAID CREEK CENTERLINE THE
FOLLOWING 22 COURSES : N49°09'59"E 64.45 FEET;
THENCE N46025'21 "W 57.75 FEET; THENCE N70°07'51 "E 44.90 FEET; THENCE S86°37'52"E
26.45 FEET; THENCE S40031 ' 18"E 49.95 FEET; THENCE N00037'26"E 10.33 FEET; THENCE
N10039'06"W 87. 12 FEET; THENCE N69°00'12"W 107.55 FEET; THENCE N44° 11 '43 "W 73 .43
FEET; THENCE N66° 15'31 "W 32.28 FEET; THENCE N85° 18' 12"W 137.46 FEET; THENCE
S27017'38"W 12.61 FEET; THENCE N78°07'21 "W 27.41 FEET; THENCE N09032'40"E 23 . 16
FEET; THENCE N68° 11 ' 12"W 32.95 FEET; THENCE N08°49'55"E 39.49 FEET; THENCE
N19021 '36"E 33 .93 FEET; THENCE S89°45'33 "W 13 .32 FEET; THENCE N43°37'01 "W 17.67
FEET; THENCE N78° 17'20"W 12.59 FEET; THENCE N88°25'52"W 43 .38 FEET; THENCE
N82007' 12"W 11 . 12 FEET TO THE INTERSECTION OF SAID CREEK CENTERLINE WITH
THE CENTERLINE OF A ROAD; THENCE DEPARTING SAID CREEK CENTERLINE
N75012'56"W 43 . 15 FEET TO THE POINT OF BEGINNING, CONTAINING 13 .92 ACRES,
MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR
RESTRICTIONS OF RECORD OR FACT.
RPZD06-219
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EXHIBIT "C"
R-PZD 06-2196
Page 1 of 4
CONDITIONS OF APPROVAL:
1 . City Council determination of appropriate connectivity. The applicant proposes twofull
access public streets:
a. An extension of Ray Avenue south into the property which accesses the site. The
applicant proposes to remove the eastern public street connection to Helen (near Jerry
Avenue), and requests to work with City Engineering and the Fire Department to
determine an adequate Emergency Service turn-around. This may require a "T" type
tum-around with more generous curb radii. While staff is not opposed to the eastern
street connection to Helen Street, finding it will not create a dangerous traffic
condition and that it promotes the City 's policies of connectivity, should the City
Council wish to remove this street connection, staff recommends approval of this
amendment, with the condition that a 6-foot public sidewalk be constructed and
dedicated from Helen Street south to Ray Avenue in lieu of the eastern street
connection, to provide pedestrian connectivity to the proposed park.
The City Council determined all street connections to be required, including the
eastern public street connection to Helen (near Jerry Avenue).
b. A 28-foot wide public street that continues west from Ray Avenue to Happy Hollow
Road. Staffrecommends the applicantpayfor and construct a minimum 28 foot wide
public street within 50 feet ofright-of-way west (off-site) to connect to Happy Hollow
Road, with final alignment to be approved by the City Engineer. The public street
shall allow public access and connectivity to surrounding properties, including
subsequent development on the property through which the street traverses. The
street extension shall be constructed with development of the West Fork Place PZD.
Off-site sidewalk construction along the street extension may be delayed until each
side of the property develops.
The City Council determined in favor of this condition.
2. Planning Commission determination of street improvements:
a. Staff recommends an asphalt overlay on Ray Avenue from the intersection of
Huntsville Road to connect to the proposed interior street, which will be constructed
to City standards. The overlay shall create, at minimum, a 24 ' wide paved street
width. Engineering staffshall determine at the time of construction, the amount of
improvement necessary (milling, depth of overlay, etc).
b. The existing sidewalk on the west side of Ray Avenue shall be extended into the
proposed development with a crossing at Ray Avenue to the proposed sidewalk.
c. Staff recommends that a 4 ' sidewalk be constructed on the north side of the public
alley in Planning Area 1 and 2 as indicated in this site plan, to provide pedestrian
access for the dwelling units in this area.
d. Should the access to Helen Street become a full-access public street, the applicant
shall coordinate with the Engineering Division prior to discussion to determine the
necessaryfinal design of the four-way intersection, to ensure the public alley does
not become utilized as a public street.
. � y
EXHIBIT "C"
R-PZD 06-2196
Page 2 of 4
e. Street lights shall be installed every 300 ' along the public street, public alleys and at
all intersections.
f. Staffrecommends a future sidewalk connection to the trail on the southwest side of
the property, across the slope from the sidewalk shown to connect to the public alley.
This connection shall be permitted to occur at a future date, if desired by the City,
with the construction of the trail.
The City Council determined in favor of this condition.
3 . City Council determination of waivers from street design standards. The applicants
request a waiver of the required street radius of 150 ' (request 100 ' radius). Staff
recommends approval of the requested waiver, finding that the street design will not create a
dangerous traffic situation for vehicles or pedestrians.
The City Council determined in favor of this condition.
4. Public streets and alleys interior to the project shall be constructed to City specifications for
public streets. All sidewalks, in the right-of-way or access easements, shall be constructed to
city standards. Any sidewalk that is proposed to be constructed outside of the public right-
of-way shall be within an access easement, allowing general public usage. An access
easement shall be provided for pedestrians to access the park and trail where parkland is not
dedicated.
5. Staff is recommending approval of the submitted Tree Preservation Plan associated with
RPZD 06-2196 with the following conditions of approval.:
a. Tree canopy shared by land owners is found to be a high priority. All canopy along
the northern property line should have every measure taken to ensure the health and
longevity of the trees.
b. Mitigation will be required in the amount of 49 (2) inch caliper large species trees.
The applicant will be utilizing the residential on-site mitigation option.
c. A 3-year maintenance and monitoring bond, letter of credit, or check will be due in
the amount of $ 12,250 for the mitigation trees before the last certificate of occupancy
in this development or as each lot develops.
6. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
7. One ( 1 ) large species tree shall be planted in between each of the multi-family driveways and
shall be depicted on the landscape plan.
8. 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. Any portion
of a structure which is visible from the right-of-way shall be articulated and contain features
such as doors, windows and/or similar openings.
EXHIBIT "C"
R-PZD 06-2196
Page 3 of 4
9. A deed for the 6.07 acres of park land is required prior to building permit(s). Based on the
number of units, the developer is only required to dedicate 1 .39 acres.
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 multi-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.
12. Should the property ever be subdivided, it shall comply with the zoning criteria as
established and approved herein. Future subdivision of the property would require Planning
Commission and City Council approval for a modification to the Planned Zoning District
zoning criteria, or a new Planned Zoning District.
13 . All structures shall meet City of Fayetteville ordinances for floodplain development,
including finish floor elevations, grading and erosion control and floodplain development
permits.
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 . Plat revisions that shall be completed prior to construction plan review:
i. The Solid Waste Division has approved the location of the two dumpster pads, which
will be utilized by the residents in the multi-family units. However, the dumpster
pads need to be increased to 12' wide by 15' deep. Appropriate screening shall be
required and approved by the Planning Division.
ii. Page 8 of the project booklet indicates that Use Unit 4, Cultural and Recreational
Facilities will be allowed as a use by right, whereas the plats indicate Use Unit 4 as a
conditional use. Make sure that Use Unit 4 is listed as a conditional use on all pages
of the plat and booklet.
iii. Page 8 of the project booklet (Current Zoning vs. Proposed PZD): The information
within this table does not match the most current numbers. This table shall be
updated to reflect the current proposal.
iv. By not providing lot width minimums at this time, the subject property may not be
subdivided without first obtaining Planning Commission and City Council approval
to modify an approved Planned Zoning District.
EXHIBIT "C"
R-PZD 06-2196
Page 4 of 4
V. Include the area between the public traillalley access and Planning Area 5 within a
20' trail access easement and label as such, for a future trail connection (direct
extension of public trail/alley access, with bollards shown). Actual connection to be
constructed by the City of Fayetteville.
vi. Page 1 and Page I 1 of the project booklet refer to the 20' public alley for fire access
and pedestrians only, with break away bollards. If the alley is now proposed as a
public street, remove these statements.
vii. Page 5 of the project booklet indicates that the lot area minimum for Planning Area 3
is 9,654 sq. ft. The actually lot are minimum is 10,811 sq. ft.
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 and floodplain development 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
10312312007 .02:01'A7 PM
and recorded In Real Estate
Fite Number 2007-00010683
%Bette 'amps ' circuit Clerk
by
t
Arkansas Democrat Cpaxet#te
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE , AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Erin Emis , do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
ORDINANCE NO, 4986
Was inserted in the Regular Editions:
March 17, 2007
Publication Charge: $453 . 65
Subscribed and sworn to before me
This/9 day of tVaAj 2007.
Notary Public"
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commigsion Expires
October 18, 2014
DECEIVED
MAR 2 i 2007
CItY OF FAYETTEVILLE
CITY CLERICS OFFICE
G - ORDINANCE NO. 4986
AN ORDINANCE ESTABLISHING A RESIDENTIAL 0
PLANNED ZONING DISTRICT TITLED RR-PZDESIDENTIAL
06
2196, WEST FORK PLACE, LOCATED AT THE END 1 ` G. Sho C the access to Helen Street become fllull-access public street the apPlicenI a allcoli i
Y OF RAY AVENUE, SOUTH OF HUNTSVILLE ROAD; Faye �/V j e nate with the Engineering Division prior to discussion to determine the necessary final design of the f
CONTAINING APPROXIMATELY 13.92 ACRES; ARKANSA5 �a tl four-way intersection, to ensure fire public alley does not become utilized as a public street. a v
} AMENDING THE OFFICIAL ZONING MAP OF THE C M e. Street lights shall be installed every 300' along the public street, public alloys end al all Interse& s1
1 CITY OF FAYETTEVILLE; AND ADOPTING THE j . tions. • .r. X71
ASSOCIATED MASTER DEVELOPMENT PLAN. L' 7. Staff recamtends a future sidewalk connection to the trail on the southwest side of the property,
1 across the slope from the sidewalk shown to com act to the public alley. This connection $hi ll be
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, I permitted to occur at a future date, if desired by Ne City, with the construction of the trail. 't
ARKANSAS; , The City Council determined.in favor of this condition. '!
t' f 3. Cry Council determination of waivers from street design standards. The applicants request 9- . l
€ Section 1: That the zone classification of the following described property is hereby changed as yx waiver of the requiretl street radius of 150' (request 100' rat ius). Staff recommends approval of the-
lows: y requested waiver, finding that the street design will not create a dangerous traffic situation for vefi 1
I cles or pe lestrians. I
IFrom R-A, Residential Agriculture, RSF4, Residential Single Family, 4 units per acre, C-f. 1 The Cry Council determined in favor of this condition. j r
Thoroughfare Commercial and I-2, General Industrial, o R4'ZD 06-2196 as shown In Exhibit *A* and 4. Public streets and alleys interior to the project shall be constructed to City specifications for Pull r
depicted in Exhibit 'B* attached hereto and made a pan hereof. I lie streets. All sidewalks, in the right-of-way Or access easements, Shall be constructed to city star, 1
p1 dadI Any sidewalk that is proposed to be constructed Outside Of the public right-of-way shall be
Section 2. That the change in zoning classification Is based upon the approved master development i within an access easement, allowing general public usage. An access easement shall be provided
plan, deveopment standards, statement of commitments and the conditions of approval as submit- t tot pedestrians fo access the park and Iran where parkland Is rrot dedicated. . . q ',
f led. determined appropriate and approved by the City Council indicated in Exhibit 'C' EttachOQ 1 5, Soft is recommending approval of the submitted Tree Preservation Plan associated with RPZD OG
p hereto and made a pan hereof. and Exhibit 'C' shall be Ned and available for view in the office of I 2196 wUh the lollovring conditlons of approval: . � �
the City Clerk of the City of Fayetteville. i• a. Tree canopy shared by land owners is found to be a high prlonly. All canopy along the northern
Section 3. That this ordinance shall take effect and be in fun force at such time as all of the require- property line should have every measure taken to ensure the health and Longevity of the trees. .j F
ments of the master development plan have been met. -, • 1 1 4 b. Mitigation will be required in the amount of 49 (2) inch caliper large species trees. The applicary r
9 Section 4. That the official zoning map of the City of Fayetteville, Arkansas, Is hereby amended to will be utilizing the residential on-site misgaton option -- y
k reflect the zoning change provided in Section 1 above. . - 1 c. A 3-year maintenance and monitoring bond, letter of credit, or check will be due In the amount dl
I{ $12,250 for the mitigation trees before the last cerT icate of occupancy in this development or e3
s.
PASSED AND APPROVED this 6th day of March. each lot develops.2007. rT r r ! r o ..
6. No porton off any structure (i.e., porches, overhangs, etc.) shall eroroach Into bulging setbflck�
APPROVED: ATTEST. or anility easements. - i
BY. ' By: 7. One(1) large species tree shall be planted in between each of the multi-lamlly driveways and shall
DAN GOODY, MayorSONDRA E. SMITH, COy Clert(heaaueer be depicted on the landscape plan. 4
` 8. Buildings shall be constructed to be consistent with the photos and concepts depleted in thio
EXHIBIT OA' - + i booklet as specified. Building permits will be based upon the Submitted photos,t Any ponlon of 1
1 R-PZD 062196 ' r 1 structure which is visible from the righl-ol-way shall be articulated and contain features such as
11 LOT 9 IN BLOCK 4 IN WATSON ADDITION, AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK �I doors, windows and/or similar openings. 1 r
1 AT PAGE 220; ALSO PART OF THE EAST 12 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1J4; 9. A dead for the 607 acres of park land is required prior to building permil(s). Based On the nums
ALSO PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 114, ALL IN SECTION 23, TOWNSHIe bar of units, the developer is only required to dedicate 1.39 acres.
16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALL TOGETHER BEING MORE t 10. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Developmerjt
PARTICULARLY DESCRIBED AS FOLLOWS: i Code, antl shall be subject to signage requirements for residential multi49mjly development.
11. The Master Development Plan, Statement of Commitments and Architectural Standards suorNf-. .
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST 12 OF THE SOUTHEAST 114 OF led by the applicant shall be considered binding and 4ed to ms zoning of the property. Contlltlon9 -�
THE NORTHWEST 114; THENCE .NO2039'35"E 879.11 FEET TO THE POINT OF BEGINNING; of approval as poled herein and other requirements placed upon the project with review of 1hb1
THENCE CONTINUING NO2°39'35'E 260.95 FEET, THENCE ALONG THE SOUTH LINE OF SAID Master Development Plan - Planned Zoning District by rho CIry'Councll shall also be binding. ^'
BLOCK 4 AND THE WESTERLY PROLONGATION THEREOF S87°22'44'E 769.38 FEET TO THE 12. Should the property ever be subdivided, it shall comply wish the zoning criteria as eslabllshefl
SOUTHWEST CORNER OF SAID LOT 9; THENCE DEPARTING SAID SOUTH LINE N02052'430E and approved herein.. Future subdivision of the property would require Planning Commission and
150.26 FEET TO,A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE City Council approval for a modification to the Planned Zoning District zoning criteria, or,a new
S87.1905'E 91.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE 502051'50. 'i Planned Zoning District dj
150.16 FEET TO THE SOUTHEAST CORNER OF•SAIDtOR9;THENCE-ALONG•iHE50lJTH-LINE 13. All structures shall meet CM of Fayetteville ordinances for floodplain development, Indutlfog nn-
OF SAID BLOCK 4 AND THE EASTERLY PROLONGATION THEREOF S87°22'44-E 175.50 FEET; f ish floor elevations, grading and erosion control and floodplain development permits.
THENCE 505648-12-E 282.61 FEET; THENCE S8604307-E 20549 FEET TO A POINT ON THE CEN- r -14. Prior to building permit, a cost estimate for all required landscaping and sidewalks is to be sub-I Y
TERLINE OF THE WHITE RIVER ; THENCE ALONG SAID CENTERLINE THE FOLLOWING SIX I miffed for review. Once approval is gained, a guarantee is to be issued (oondi eller of credlVcash)' 1
COURSES: S18018'13W 143.01 FEET; THENCE 557024.30-W 261.31 FEET, THENCE S89°14'54. 1 for 150% of the cost of the materials. This guarantee will be held until the Improvements are installea,, i
209.81 FEET; THENCE 562007'03. 157.11 FEET, THENCE N940,09'20. 158.79 FEET; THENCE - and inspected, at the time of Certificate of Occupancy. 1 1
S6Y37'O1W 101.34 FEET: THENCE DEPARTING SAID CENTERLINE N3D°l 1'12 73.53 FEET TO i 15. Plat revisions that shall be completed prior the construction plan review: 4 I
.
THE INTERSECTION OF THE CENTERLINE OF A CREEK WITH SAID WHITE RIVER; THENCE i I. The Solid Waste Division has approved the locafon of the two dumpster pads„which will be uti-I
ALONG SAID CREEK CENTERLINE THE FOLLOWING 22 COURSES: N49009'59'E 64.45 FEET. . I Iized by the residents in the multi-family units. However, the dumpster pads need'to be increaseb,
THENCE N48025'21 W 57.75 FEET, THENCE N70007'51'E 44.90 FEET. THENCE S86237'52E 26.45 to 12' wide by 15' deep. Appropriate 'screening shall be required and approved by the Plannigb'.
FEET; THENCE S40°31'18'E 49.95 FEEF, THENCE N00937.26-E 10.33 FEET. THENCE N10'3B'06. ' Division. _ . 1 , • e ;
87.12 FEET; THENCE N6900012W 107.55 FEET, THENCE N44°11'43. 73.43 FEET; THENCE 4 It. Page 8 of the project booklet indicates that Use Unit 4, Cuthml and Recreational Facilities will Or
M6'15'31'W 32.28 FEET; THENCE N85918.12. 137.46 FEET; THENCE 52701 r3BW 12.61 FE-E{: allowed as a use by right, whereas the plats indicate Use Unit 4 as'a conditional use. Make sum
THENCE N78007'21 W 27.41 FEET, THENCE N09032 40-E 23.16 FEET,; THENCE N68011.12W 32B5 . that Use Unit 4 is listed as a conditional use on all pages of Me plat and booklet. . 4 j
FEET, THENCE NO8049'556E 39.49 FEET, THENCE N19921'36'E 33.93 FEET: THENCE S89°45'33W 4 iii. Page 8 of the project booklet (Current Zoning vs. Proposed PZD): The Information within this labl'e' '
13.32 FEET; THENCE N43°3701 W 17.67 FEET. THENCE N78017'20V 12.59 FEET THENCE does not match the most current numbers. This table shalt be updated to reflect the current pry'
N98°25'52'. 43.38 FEET, THENCE N8M7'12W 11.12 FEET TO THE INTERSECTION OF SAID pass]. _ 11
CREEK CENTERLINE WITH THE CENTERLINE OF A ROAD; THENCE DEPARTING SAID CREEK iv. By not providing lot width minimums at this time, Me subject properly may not be subdivided wills
CENTERLINE N75012'56W 43.15 FEET TO THE POINT OF BEGINNING, CONTAINING I 13.92 out first obtaining Planning Commission and City Council approval to modify an approved Planned
ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTR16 I Zoning District. 1 . 1
TIONS OF RECORD OR FACT. v. include the area between the public traiValley access and Rapping Area 5 within a 20' trall awes.
{ easement and label as such, fou a future trail connection (direct extension of public trailial]ey Steam,•;
Exhibit B is a map and may be vowed In the of ice of the city clerkAreasunir during normal busmen's with bollards shown). Actual connection to be constructed by Ne City of Fayetteville. - •a 1 T
hours. I vi. Page 1 and Page 11 of the project booklet refer to the 20' public alley for fire access and pedes-, T
EXHIB1T 'C' L : titans any, with break away bollards. It the alley Is now proposed as a public street, remove mesbi
CONDITIONS OF APPROVAL: 4, statements. 4
L City Council determination of appropriate connectivity. The applicant proposes two lull access Ni. Page 5 of the project booklet indicates that the of area minimum for Planning Area 3 I 9.654 siil
public sheets: - ft. The actually lot are minimum is 10,811 sq. ft. 4j
a. An extension of Ray Avenue south into the property, which accesses the site. The applicant Pro- 16. Plat Review and Subdivision comments (to Include mitten staff comments provided to the apps; -
poses to remove the eastern public street connection to Helen (near Jerry Avenue), and requests to 1cent or his representative, and all comments from Wilily representatives - AR Western Gas, SWBT
work with City Engineering and the Fire Department to determine an adequate Emergency SerJee Ozarks, SWEPCO, Cox Communications).
turnaround. This may require a T type turn-arou id with more generous curb radii. While stall Is not 1 17. Trash enclosures shall be Screened on three sides with materials compatible with the surround.
opposed to the eastern street connection to Helen Street, finding It will not create a dangerous trey. Ing structures, with access not visible from the street Architectural elevations for these stmclueq
spall be submitted for review prior o issuance of a building permit.
1 re remove
this and that it pronates the recommends
policies approval
of connectivity, should the City Council wish IQ, t
a rove publstreet ic sidealkb iogsleffted and ntlscated here this ementlmout with the condition mat IgSoftapproval
waterfinal tletiretlotectin, stretafronsand ce Private), i(where
s,plicabl6)forgrad=
o6- e e public sitlet conn cion, to pro and pedestrian
from HelenStreetto the uoposedth to Avenue In lieu' tree dralesse go, water, sewer, mationtsubmi,submitted
he plat and w pro), sidewalks,rowlewedf for
[mend
of the eastern street connection, to provide pedestrian required,
in to the the eastern
park. w tree preservation. The information nts meas for the plat review process was reroval, for general I
The City Council determined all street Avenue).
lona to be required, irwlutling the aassem public street concept only. . All public improvements are sublets to additional review and approval. All improV� : I
connection to Helen (near Jerry Avenue). menta shall le with City's current requirements. yn
b. A 26-loot Wide public street that continues west from Ray Avenue 10 Happy Hollow Road. SIeH- 19. All overheadead electric lines 12kv and antler shell be relocated underground. All proposed utilities' i
recommends the applicant pay for and construct aminimum 28-foot wide public street within 50 feet shall be located underground.
of right-of-wary weal (off-ale) to connect to Happy H011ew Road, with final alignment to be approved 20. All exterior lighting is required to comply with the City's lighting ordinance, A lighting plan end:
by the City Engineer The public street shall allow public access and connectivity to surrounding cut-sheets of the proposed exterior light fixtures shall be required to be appioved by Planning Slaif.
properties, Including subsequent development on the property through which the street traverses. prior to building permit y
The street extension shall be constructed with development of the West Fork Place PZD. 01,8
11e j 21, Prior to the issuance of a building permit the following I5 required:
sidewalk construction along the street extension may be delayed until each side of the property y a. Grading and drainage permits and floodplain development permits, r 41
develops. b. An on-site inspection by the Landscape Administrator of all Ires protection measures prior to etfy4 1
The City Council determined in favor of this condition. land disturbance, a, ••j {
2. Planning Commission determination of street Improvements: _ .{; c. Separate easement plat for this project that shall include the tree preservation area.
a. Staff recommends an asphalt overlay on Ray Avenue from the Intersection of Huntsville Road tic, tl. Prolan Disk with pll final revisions.
connect to the proposed interior street. which will be constructed to City standards The oven@y. yl e. Completion of all required improvements or the placement of a surety with the City (letter Of tred°
li shall create, at minimum, a 24' wide paved street width. Engineering staff shall determine at the Me- 1. ! it, bond escrow) as required by Section 15801 'Guarantees In Lieu of Installed Imprwements'.f0 v
of construction, the amount of improvement necessary (milling, depth of overlay, etc.). 4 ^1 guarantee all incomplete improvements. Further, all improvements necessary to serve the site and
o. The existing sfdewalk on the west side of Ray Avenue shell be extended Into the proposed tleveh
r pro
prefect public safely met be completed, not just guaranteed, prior to the Issuance of a Certificate
t 'fiPWici Emends that aysideAvenue to the ponos constructed
On the _ or 11 of Occupancy. 1 p
j a Staff Area I ends that a is sidewalk be eppan,top vi lire north side of the public alley fn
Planning Area 1 and 2 as Indicated in this site plan, to provitle pedestrian access to the dwellinlj'
units In olsaree.` pkr..4'^�---•+� �"""'--''- -
Hometown Development
-1747 N. College Avenue
Fayetteville, AR 72703 - � /4
U)ja5F ,4�r�
PG�c�
November 21 , 2006
Mrs. Sondra Smith
City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, Ark 72701
Dear Mrs. Smith
On Monday, November 13 , 2006, the Fayetteville Planning Commission considered R-
PZD 06-2196: Planned Zoning District (West Fork Place) 565/566. After considerable
discussion, the commission by a vote of 5-3 failed to pass the ordinance.
It is our intent to appeal this decision to the Fayetteville City Council and we are
respectfully requesting that we be placed on an upcoming agenda so that our appeal may
be heard. In order to allow us to generate additional information, we are requesting that
our appeal be heard at the council meeting of December 19, 2006. We understand that
we will have to generate some additional material for the appeal and we will keep you in
the information "loop" as we proceed.
Thank you for your assistance in this matter. If you have any questions or concerns
please feel free to call me on my cell phone 422-1857 or Hugh Earnest at 841 -8549.
Sincerely,
Mike McDonald
Hometown Development
NOY 2 2006
CITY OF FAYETTEVILLI
CITY CLERICS OFFICE '
d, 64a07 (Ye Al /& 14
+�<IAOfV
