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HomeMy WebLinkAboutOrdinance 5026 r i t / m AMEN N s3zP5�pIk ee� m c44 z{. Ke ,Ess�Ff a y1, IvPrs a+ ..sl iui4ii��ea h&"-tiSyCra-er -F at (F'N Dss r9 Y sly 1 EXHIBIT "B" R-PZD 07-2531 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148 .91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE SOUTH 870 24' 50" EAST 263 .31 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 165.93 FEET TO A POINT; THENCE NORTH 87' 24' 50" WEST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.94 FEET TO A POINT; THENCE PARALLEL TO CENTERLINE OF IVEY ROAD SOUTH 870 24' S0" EAST 114.47 FEET; THENCE NORTH 02° 35' 08" EAST 102.85 FEET TO A POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 870 24' 50" EAST 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS, TOGETHER WITH A UTILITY EASEMENT TWENTY FEET IN WIDTH WITH A CENTERLINE LOCATED 35 FEET SOUTH OF AND PARALLEL TO THE CENTERLINE OF IVEY ROAD. BUFFER EASEMENT A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148.91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 87° 24' 50" EAST 309.99 FEET PARALLEL WITH SAID CENTERLINE OF IVEY ROAD TO A POINT; SOUTH 03° 39' 50" WEST 290.05 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 451 .08 FEET TO A SET IRON PIN; THENCE NORTH 030 39' 50" EAST 290.05 FEET TO A POINT, SAID POINT BEING TWENTY-FIVE (25) SOUTHERLY OF AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 870 24' 50" EAST 131 .09 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 114.47 FEET TO A POINT; THENCE SOUTH 02' 35' 08" WEST 165 .94 FEET TO A POINT; THENCE SOUTH 870 24' 50" EAST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.93 FEET TO A POINT; THENCE NORTH 870 24, 50" WEST 263 .31 FEET TO A POINT; THENCE NORTH 02° 35' 08" EAST 102.85 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS. BUFFER EASEMENT SUBJECT TO INGRESS/EGRESS TO THE "TEMPORARY SEPTIC SYSTEM AREA EASEMENT- LEASE AREA" ADJOINING THE EAST SAID OF THE SAID "BUFFER CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 1 of 2 Staff recommends the following conditions of approval associated with R-PZD 07-2531 (P.A.H. Facility). 1 . Though Use Unit 26 (Multi-family) is a permitted use by right, the use of the property shall conform with the stated intent of a shelter/rehabilitation center as noted in the project submittal booklet and staff report. 2. The associated property line adjustment shall be filed of record after City Council approval of the Planned Zoning District, but before approval of a building permit. 3 . Conditions of approval included in the tree preservation and landscape plan reports prepared by the Urban Forester are included in the official conditions of approval, herein. 4. All requirements of the Fayetteville Fire Department associated with service of the facility shall be completed prior to Certificate of Occupancy unless otherwise approved by the Fire Chief. 5 . 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. 6. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 7. Phasing: This project is required to obtain all permits in accordance with the timeframe for LSD' s as outlined in the Unified Development Code Chapter 166.20, with the exception of the 2,800 future addition which may be constructed at some future date pursuant to all applicable ordinances and conditions of R-PZD 07-2531 . Standard Conditions of Approval: 8. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 9. The proposed location of the trash enclosure will not be visible from any right-of-way and therefore screening of the dumpster shall be at the discretion of the developer(s). Should the location of the trash enclosure change, or if additional trash enclosures are required, the owner/developer shall coordinate these changes with the Planning Department pursuant to all applicable ordinances. 10. All freestanding and wall signs shall comply with ordinance specifications for location, size, CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 2 of 2 type, number, etc. Signs are not allowed to be placed in utility easements. 11 . 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. 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). 13 . Provide a CD containing the proposed Large Scale Development drawings in Autocad or similar digital format. 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 existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 16. Large scale development shall be valid for one calendar year. 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. C. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. a. 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. Cie, City of Fayetteville / m Staff Review Form City Council Agenda Items R PZ1J O7 X1 or �� Contracts 5-Jun-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 07-2531 : Planned Zoning District (P.A.H. Facility 21 ): Submitted by City of Fayetteville for property located at Ivey Lane, 1/4 mile east of Highway 265 containing approximately 3 .00 acres. The request is for a rezoning, land use, and large scale development approval for a Master Development Plan of a Residential Planned Zoning District for a 19,971 sq. ft. residential shelter facility and associated parking. $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 O Budget Adjustment Attached Previous Ordinance or Resolution # n/a F7 # o Depa ment Di Date Original Contract Date: n/a Original Contract Number: n/a L7Z City Attorney Received in City Cler ' `Pr 0. . Finance and Internal Service Director Date Received in Mayor's Office I . Mayor ate Comments: City Council Meeting of June 5, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: May 17, 2007 Subject: Residential Planned Zoning District for P.A.H. Facility (R-PZD 07-2531 ) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for P.A.H. Facility, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district on approximately 3 .00 acres located on Ivey Lane, east of N. Crossover Road. The proposal is for a residential development consisting of a 19,971 sq. ft. residential shelter facility with 28 bedrooms and associated parking. BACKGROUND The applicant requests rezoning, land use, and large scale development approval for a shelter/rehabilitation home within a unique R-PZD zoning district on the subject property. The proposed zoning would allow for a maximum of 19 units/acre. The density is based on the requested 28 bedrooms on the developed 1 .5 acres. The facility will not function as a typical multi-family development; while there are bedrooms that may qualify as dwelling units, the purpose and use of the request is for a shelter/rehabilitation center. Planning Area 1 will include the proposed building and parking lot; Planning Area 2 will serve as a tree preservationibuffer area, for a combined area of 3 acres. The first floor of the facility will contain approximately 14,365 sq. ft. of which 9,201 sq. ft. will be bedroom space and 5, 164 sq. ft. will be office space. The second floor of the facility will contain approximately 2,806 sq. ft. and will only contain future space for additional bedrooms. If additional space is needed in the future, the applicants have indicated the location for a 2,800 sq. ft. addition on the east side of the main structure that will be for additional bedrooms. The maximum size of the building including the second floor and future addition is approximately 19,971 sq. ft. DISCUSSION The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval. 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 07-2531 , P.A.H. FACILITY, LOCATED AT IVEY LANE, % MILE EAST OF HIGHWAY 265 ; CONTAINING APPROXIMATELY 3 .00 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 Agricultural to R-PZD 07-2531 P.A.H. Facility 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; 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, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" PZD07-2531 P . A . H . FACILITY One Mile View i SUBJECT PROPERTY IIII ' 1YEY lH , .g ^y I' —, kJ '' , V i a — � 11 . I _ 1 � - a �` AWR aN p: 1t f Y I LAKE FA YET VJLILE - ''k a r _ J syr^y Pa VArE nowAFUl MMgsbx 14, 5 + nu A a3R.- Overview {^. Legend Boundary .- t- --r ' - Subject ProPeAy .%.00 Planning Area _ ® PZD07-2531 uooc Dg Overlay DleMR 0 0000 _ 4. Outside City Legend Hillside-Hilltop O erlay District 0 0 . 25 0 . 5 1 M les EXHIBIT "B" R-PZD 07-2531 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148.91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE SOUTH 870 24' 50" EAST 263 .31 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 165.93 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.94 FEET TO A POINT; THENCE PARALLEL TO CENTERLINE OF IVEY ROAD SOUTH 87024'50" EAST 114.47 FEET; THENCE NORTH 02%%D35'08" EAST 102.85 FEET TO A POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 87%%D24'50" EAST 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS. TOGETHER WITH A UTILITY EASEMENT TWENTY FEET IN WIDTH WITH A CENTERLINE LOCATED 35 FEET SOUTH OF AND PARALLEL TO THE CENTERLINE OF IVEY ROAD. BUFFER EASEMENT A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148.91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 87° 24' 50" EAST 309.99 FEET PARALLEL WITH SAID CENTERLINE OF IVEY ROAD TO A POINT; SOUTH 03° 39' 50" WEST 290.05 FEET TO A POINT; THENCE NORTH 87° 24' 50" WEST 451 .08 FEET TO A SET IRON PIN; THENCE NORTH 030 39' 50" EAST 290.05 FEET TO A POINT, SAID POINT BEING TWENTY-FIVE (25) SOUTHERLY OF AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 87024"50" EAST 131 .09 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 114.47 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 165 .94 FEET TO A POINT; THENCE SOUTH 87° 24' 50" EAST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.93 FEET TO A POINT; THENCE NORTH 870 24, 50" WEST 263.31 FEET TO A POINT; THENCE NORTH 02° 35' 08" EAST 102.85 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS. BUFFER EASEMENT SUBJECT TO INGRESS/EGRESS TO THE "TEMPORARY SEPTIC SYSTEM AREA EASEMENT- LEASE AREA" ADJOINING THE EAST SAID OF THE SAID 'BUFFER EASEMENT" WITH THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF SAID SEPTIC SYSTEM CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 1 of 2 Staff recommends the following conditions of approval associated with R-PZD 07-2531 (P.A.H. Facility). 1 . Though Use Unit 26 (Multi-family) is a permitted use by right, the use of the property shall conform with the stated intent of a shelter/rehabilitation center as noted in the project submittal booklet and staff report. 2. The associated property line adjustment shall be filed of record after City Council approval of the Planned Zoning District, but before approval of a building permit. 3. Conditions of approval included in the tree preservation and landscape plan reports prepared by the Urban Forester are included in the official conditions of approval, herein. 4. All requirements of the Fayetteville Fire Department associated with service of the facility shall be completed prior to Certificate of Occupancy unless otherwise approved by the Fire Chief. 5. 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. 6. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 7. Phasing: This project is required to obtain all permits in accordance with the timeframe for LSD's as outlined in the Unified Development Code Chapter 166.20, with the exception of the 2,800 future addition which may be constructed at some future date pursuant to all applicable ordinances and conditions of R-PZD 07-2531 . Standard Conditions of Approval: 8. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 9. The proposed location of the trash enclosure will not be visible from any right-of-way and therefore screening of the dumpster shall be at the discretion of the developer(s). Should the location of the trash enclosure change, or if additional trash enclosures are required, the owner/developer shall coordinate these changes with the Planning Department pursuant to all applicable ordinances. 10. All freestanding and wall signs shall comply with ordinance specifications for location, size, CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 2 of 2 type, number, etc. Signs are not allowed to be placed in utility easements. 11 . All exterior lighting is required to comply with the City' s lighting ordinance. A lightingplan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 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). 13 . Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar digital format. 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 existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 16. Large scale development shall be valid for one calendar year. 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. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. a. 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.