HomeMy WebLinkAboutOrdinance 5015 Doc ID :
ii Recorded : 06%01/200�Oatr01:15:28 PM
t Fee Amt : $32 . 00 Page 1 of 9
Mashlnaton Countv . AR
Bette Stamos Circuit Clerk
F11e2007-00020888
ORDINANCE NO, 5015
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 07-2452, THE LINKS AT
FAYETTEVILLE, LOCATED AT THE NORTHEAST CORNER
OF WEDINGTON AND RUPPLE ROAD; CONTAINING
APPROXIMATELY 152.23 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-PZD 05- 1636, Residential Planned Zoning District,
WellSpring to R-PZD 07-2452 The .Links 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, Bill of Assurance, and the
conditions of approval as submitted, determined appropriate and approved by the City Council;
further, that the conditions of approval shall be filed and available for viewing in the office of the
City Clerk/Treasurer 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, "���niiiRn"''
amended to reflect the zoning change provided in Section 1 above. Al 0• XSY
SV : �11 :
PASSED and APPROVED this 15`h day of May, 2007. = ; FAYETTEVILLE;
APPROV ATTES 9s'9�;KANSP a
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By: By:
DA COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
R-PZD 07-2452
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,
TOWNSHIP 16 NORTH, RANGE 30 WEST, AND A PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, AND A PART
OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH,
RANGE 30 WEST, AND A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, ALL IN WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT
A POINT WHICH IS S87042'05"E 617.60' AND NO3003'08"E 102.59' FROM THE SOUTHWEST CORNER
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 7 AND
RUNNING THENCE S87003'27"E 93 .41 ' TO A SET IRON PIN, THENCE NO2040'0511E 1716.06' TO A
FOUND IRON PIN, THENCE NO204010011E 2143 .06' TO A FOUND IRON PIN, THENCE N8704614211W
715.35' TO A FOUND IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7, THENCE NO2027'56"E 46.74' TO A
FOUND IRON PIN, LOCATED AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 1 , THENCE N86058150"W 751 .69' TO THE
CENTERLINE OF RUPPLE ROAD, THENCE ALONG SAID CENTERLINE S2002015011W 44.46',
S14°10'34"W 65. 18', S09°16'42"W 44.03', S06°40'25"W 54.50', S05° 18'51 "W 54.60', SO4°54'39"W 54.72',
SO4°57' 12"W 59.85', S07° 17'28"W 55.76', S13°38'10"W 52.31 ', S23 °24'21 "W 49.39', S32° 18'04"W 47.75',
S36°38' 10"W 37.75', S40°31 '21 "W 59. 19', S44°51 '16"W 60.06', S46°48'24"W 67.32', S44°39' 19"W 56.83',
S39009'37"W 55 .03', S30°55'13 "W 66.99', S24°56'32"W 57.82', S22°38' 12"W 58.87', S22°23'4O"W 54.61 ',
S22023'30"W 58.25', S23°21 '56"W 55 .44', S27027136' W 58. 17', S31039' 13"W 58.36', S31 °28'21 "W 57.48',
S21 °21 '38"W 54.39', S09°23'27"W 60.29', SO2°47' 11 "W 51 .61 ', SOl °55'43"W 51 .38', S02°08'41 "W 57. 15',
S02026'03 "W 49.97', S02030126"W 51 .03', S02049'34"W 51 .911, S02057105 "W 54.521, S0205415701W 52.46',
S02050'56"W 55 . 16', S0204311511W 48.891, S02033'25"W 54.35', S02°31 '07"W 51 . 571, S02025023 "W 56.41 ',
S02019'43"W 50.93', S0202710911W 38.771, S02034115' W 44.031, S0301215511W 52. 161, S02°57' 10"W 49.780
,
S02033'54"W 51 .59', S020572011W 63.380, S0301010411W 52.97', S02059'07"W 52.350, S0203110911W 51 . 191
,
S03012' 19"W 54.91 ', S02013' 1511W 33 . 151, S02014157"W 49.48', S02042149"W 48.61 ', S02037' 1 8"W 50.94',
S02042'26"W 49.47', S02° 18'12"W 48.56', S02°45'16"W 52.85', S02038'451IW 52.94', S02°54'55"W 41 .80',
S02054'55"W 360.64', THENCE LEAVING SAID CENTERLINE S87030127"E 629.81 ' TO A CORNER
POST, THENCE S0300914711W 7.60' TO A SET IRON PIN, THENCE S86050'13"E 1088.84', THENCE
S03003'08"W 434.54', THENCE ALONG SAID RIGHT-OF-WAY S87002'59"E 209.22' TO THE POINTOF
BEGINNING, CONTAINING 152.23 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS-OF-WAY OF RECORD.
CONDITIONS OF APPROVAL:
R-PZD 07-2452
Page d of 5
Staff recommends the following conditions of approval associated with R-PZD 07-2452 (Links
at Fayetteville).
1 . Planning Commission determination of street improvements. Street improvements at the
time of development shall include those determined necessary by the Planning Commission,
based upon the development proposed. A traffic study shall be prepared based on the
proposed development. Staff will recommend street improvements warranted with
development of the subject property. Based on the traffic study for the Wellspring PZD on
the property which is close in residential trips generated, staff will likely recommend the
following street improvements:
a. Installation of new traffic signals on Rupple Road and on Wedington, as determined
through development review;
b. Constructing the eastern half of Rupple Road to its Master Street Plan designation
along the project frontage (two travel lanes and half of a boulevard);
c. Construction of street improvements south of Rupple to Wedington with appropriate
transition lanes and relocation of existing signal to accommodate additional lanes.
2. Planning Commission determination of adequate connectivity. Four points of access are
provided to the west on Rupple Road. The existing street stub-out in the subdivision to the
east will be connect to this development and pedestrian and park connection to the east. The
property would access Wedington Drive in the southeast corner of the property. No access to
the north is provided due to the location of the golf course.
3 . Planning Commission determination of a waiver of minimum street design standards. The
applicant requests a waiver to allow a different street cross section than are required by the
current Master Street Plan standard (UDC § 166.06 (K)( 10)(a) and 166.08(C)(14)). The
applicant proposes a 60' public right-of-way for the three public streets. This street section
would provide for two traffic lanes and parallel parking on either side of the street. This
street section is currently not included in the City' s Master Street Plan and would require a
waiver of the street design standards. Staff is in support of the requested 60 ' street section
finding that parallel parking along either side of the street and two travel lanes would
provide for safe ingress/egress through the development. Additional design review and
recommendations regarding the Town Center "square " will occur at the time of
development, and may require revision after a detailed evaluation.
4. This project is required to go through Large Scale Development and/or subdivision review
and approval prior to construction.
5 . The applicant shall dedicate right-of-way a minimum of 55 ' from centerline of Rupple Road
and Wedington Drive. Right-of-way width for the internal public streets would be 60' to
accommodate the on-street parallel parking. Right-of-way shall be dedicated by easement
plat for Rupple Road and the internal public streets, and by separate document for Wedington
Drive (State Highway 16).
6. The project is subject to the project phasing listed in the project booklet and noted below.
All permits required for development within these phases are required to be obtained within
CONDITIONS OF APPROVAL:
R-PZD 07-2452
Page 2 of 5
the specified timeframe. A one-year extension may be permitted, subject to Planning
Commission approval.
Phase No. Year
Phase 1 2008
Phase 2 2014
Phase 3 2018
7. All trash enclosure locations and dimensions shall be fully reviewed and approved by the
Solid Waste Division at the time of development.
8. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
9. Buildings shall be constructed to be consistent with the elevations and concepts depicted in
the building elevations in the booklet as specified. Building elevations will be reviewed at
the time of large scale development and building permit.
10. The Park and Recreation Advisory Board (PRAB) recommended on January 8, 2007 to
accept a combination of land and money in lieu of land for this project. The developer has
agreed to the following:
a. The developer shall dedicate approximately 17.32 acres of land adjacent to Bryce
Davis Park. In addition, the developer would pay the City $ 138,000 money in lieu
for the remaining 3 .45 acres of required land dedication (20.77 acres required — 17.32
acres dedicated = 3 .45 acres short/0.017 acres = 202.94 units X $680.00 =
$ 1383000.00).
b. The developer shall construct a 6' high wrought iron fence between the proposed golf
course and the proposed park area.
c. The existing lake located within the proposed park land area shall remain with the
following conditions:
a) Overflow from said lake shall flow to a second lake to be constructed off park
land from which the developer will draw irrigation waters.
b) A well shall be constructed off park land and maintained by the developer
form which water will be deposited into the existing lake to maintain an
elevation to be agreed upon by the developer and Parks Board. Said well will
also provide water to the "lower" irrigation lake via a second line.
c) The existing lake shall be altered only to the degree necessary to provide
storm water detention for the drainage area it now serves.
d) If requested by the City, a "shelf' shall be constructed in the existing lake that
is 1 ' below the established water level indicated in above and extends Y — 5 '
from the existing shoreline at the developer' s expense.
d. An agreement will be necessary to provide the flow of water from the pond on the
park property to the irrigation pond.
e. On-street parking shall be constructed by the developer along a section of public
street bordering the proposed park land. A minimum of eight spaces shall be
provided.
CONDITIONS OF APPROVAL:
R-PZD 07-2452
Page 3 of 5
11 . Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified
Development Code.
12. Depending on the time of development, the developer may be responsible for contributing to
the interim solution for wastewater capacity issues in the Hamestring basin, as determined by
Engineering staff and Planning Commission at the time of 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 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. This development shall be required to comply with the Tree Preservation requirements as set
forth in the Unified Development Code at the time of development.
15. Street trees shall be provided along public streets pursuant to city codes at the time of
development.
16. The booklet and plats should be revised globally for consistency throughout, prior to City
Council submittal. For example the booklet on page 4 states that the total amount of
residential units is 1 ,220, however sheet C1 .03 lists the total amount of non-residential units
at 1 ,258.
17. Single family residences and townhouses on Rupple Road shall have front fagade facing
Rupple Road. Single family residences on the northern public street shall have the front
fagade facing the public street, with the attached garages along the rear of the houses away
from the street.
18. The attached garages on the single family dwellings shall be one-car garages, and shall be
setback a minimum of 20' from the required front fagade of the structure.
19. There shall be a maximum of three single family dwellings connected in a row with attached
garages.
20. Driveways for the single family homes that are not shared shall be a maximum of 16' wide
per City codes. Driveways for the single family homes that are shared shall be a maximum
of 24' wide per City codes.
21 . Evaluate the southern private street/drive aisle at the time of development for potential public
street connection.
22. In order to ensure compatibility and transition between the townhouses and the existing large
lot single family residences to the west, the architectural design of the townhouses shall be
subject to the following guidelines:
CONDITIONS OF APPROVAL:
R-PZD 07-2452
Page 4 of 5
a. The townhouses shall be limited to a maximum of 6 units connected in a group
without a substantial break.
b. The townhouses units shall utilize a variety of front facades, and shall be articulated
through the incorporation of two or more of the following on each connected
group/structure of townhouses:
( 1) Balconies;
(2) Bay or box windows;
(3) Insets or other relief in the wall place;
(4) Porches;
(5) Dormers;
(6) Variations in materials; or
(7) Variations in roof forms
c. Roof form and roof height of the townhouses should be varied to complement the
building's mass and articulation.
23 . Expand the proposed park land dedication in the northeast corner of the project an additional
150' along the existing east edge of Planning Area IV with a line narrowing to meet where
the north property makes a jog near the creek as shown on the original Parks Board
submittal.
24. Include a raised trail crossing at the crossing of the Public Street going east. The trail
crossing should be continuous across the street at the level of the top curb. Similar to a speed
table with the trail crossing over.
Standard Conditions of Approval:
25. 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).
26. Trash enclosures shall be screened on three sides with materials compatible with the
surrounding structures, with access not visible from the street.
27. 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.
28 . All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
29. Street lights shall be installed adjacent to all public and private streets (not alleys), with a
separation of no greater than 300 feet.
CONDITIONS OF APPROVAL:
R-PZD 07-2452
Page 5 of 5
30. 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.
31 . Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by the Landscape Administrator of all tree protection measures
prior to any land disturbance.
c. Separate easement plat for this project that shall include the tree preservation area.
d. Project Disk with all final revisions
e. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of
Installed Improvements" to guarantee all incomplete improvements. Further, all
improvements necessary to serve the site and protect public safety must be
completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy.
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1 icertifyiNs 'instrumen.'twas (filed .on
08/01/2007 01 : 15:28 PM
and recorded in Real Estate
File Num bar2007=000
, 2088
Bette :Stamps - Circuit ler
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Lindsey ManagementCo. , Inat —i hP l tnksrx� qtr a�ktn� b n�P ! '
1200 E. Joyce Boulevard ■ P.O. Box 13000 ■ Fayetteville, AR 72703 ■ (479) 521 -6686 ■ Fax (479) 527-8840
1
X_=4 ,FINED
" \ e 2007
�L• EtTEVILLE
March 27, 2007 V s OFFICF
City o} Fayetteville
ATTN: City Clerk
1 l3 W. Mountain Street
Fayetteville, AR 72701
RF,: Links at Fayetteville
'R-PZD 07-2452
Dear City Clerk:
Please-heat this letter as a formal request on behalf of The Links at Favetteville, a
LimitdPartnership to appeal the Fayetteville Planning Commission recision .regarding
R-P Ll' 67-2452. The Links at Fayetteville.
Please place R-PZD 07-2452 The .Links at Fayetteville on the agenda Tor consideration
by the Fayetteville City Counsel . The next available meeting, I believe, is April 17,
2007.
If there are any additional materials or information which you require, please let me
know.
Thank,.you.
Jin Y
, . .
i .
ug att,
Co orate Counsel
f3-
City Council Meeting of April l7, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operati
From: Jeremy C. Pate, Director of Current Planning 3t
Date: March 27, 2007
Subject: Residential Planned Zoning District for Links at Fayetteville (R-PZD 07-2452)
RECOMMENDATION
The Planning Commission voted to deny the subject Residential Planned Zoning District request,
R-PZD 07-2452 Links at Fayetteville. A motion to approve failed with a vote of 3-3-2
(Commissioners Myres, Anthes, Oster voting `No', commissioners Harris and Clark recusing).
The applicant has appealed the Planning Commission decision to the City Counci I.
Planning Staff also recommends denial for an ordinance to create a Residential Planned Zoning
District for Links at Fayetteville. If this ordinance is approved, the action would establish a
unique zoning district for a residential development with a maximum of 1 ,258 dwelling units and
120,888 square feet of nonresidential space on a 152.33-acre tract located at the northeast corner
of Wedington Drive and Rupple Road, a proposed density of 8.26 dwelling units per acre.
BACKGROUND
The subject property consists of approximately 152.23 acres located on the north side of
Wedington Drive and east of Rupple Road with frontage on both of these streets. The site is
zoned R-PZD 05- 1636 Wellspring. The existing zoning allows for a total of 1 , 175 dwelling units
and a maximum of 548,000 square feet of nonresidential space. The property is undeveloped,
primarily agricultural pasture. Surrounding land uses consist of developing subdivisions and
single family homes to the west, agricultural uses to the north, commercial strip center and mini-
storage to the south, and single and multi-family homes to the east. 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 March 26, 2007, the Planning Commission voted 3-3-2 on a motion to approve this request
with commissioners Myres, Anthes, and Ostner voting `No', commissioners Trumbo, Lack and
Bryant voting `Yes', commissioners Harris and Clark recusing, and commissioner Graves was
absent. The motion to approve failed and the applicant has appealed this request to the City
Council. The main issues of Planning Commission concern centered on this R-PZD not
complying with the purpose and intent of the R-PZD ordinance and the City's land use planning
objectives, principles, and policies, in particular the City Plan 2025 and Future Land Use Plan
that have been adopted by City Council in the past year.
BUDGETIMPACT
None.