HomeMy WebLinkAboutOrdinance 5052 ORDINANCE NO. 5052
AN ORDINANCE TO WAIVE CHAPTER 166.20
OF THE UNIFIED DEVELOPMENT CODE
EXPIRATION OF APPROVED PLANS AND
PERMITS, FOR R-PZD 06- 1883 (ABSHIER
HEIGHTS) AND TO PROVIDE FOR A ONE-
YEAR APPROVAL EXTENSION
WHEREAS, The City Council of the City of Fayetteville approved a Residential
Planned Zoning District known as Abshier Heights (R-PZD 06- 1883) on April 4, 2006 with
Ordinance No. 4850, and
WHEREAS, Abshier Heights PZD has applied and been approved for construction of
all necessary public improvements, such as streets, sidewalks, water and sewer mains and other
infrastructure improvements that could not be accomplished within the one-year period of time
granted; and
WHEREAS, the Abshier Heights development is actively under construction at this time
for said public infrastructure improvements; and
WHEREAS, building permits have been submitted for construction of the buildings, but
upon review may not be permitted due to the expiration of the PZD on April 4, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby waives
the one year time limitation of R-PZD 06- 1883 (Abshier Heights) adopted on April 4, 2006 to
obtain all building permits.
Section 2: That the applicant must obtain all building permits associated with R-PZD
06- 1883 (Abshier Heights) on or before April 4, 2008, or the R-PZD shall be null and void.
Section 3 : That all other conditions, commitments, development standards and other
requirements of the project approved by Ordinance No. 4850 shall remain in full effect unless
otherwise modified by the City Council.
Page 2
Ord. 5052
GxERK/TRc'4SG
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PASSED and APPROVED this 711, day of August, 2007.
; FAYETTEVILLE •
APPROVED: ATTEST:
y� .9�KANSP�;J'
By: 4/ By:
AN COODY, May SONDRA E. SMITH, City Clerk
04 " Gtr" � 0+&X-4tc.._ ., 7/3 /07 b2I�
ALDERMAN AGENDA REQUEST FORM
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FOR: COUNCIL MEETING OF August 07, 2007 //pd, Ad "ll," r
FROM: Kyle Cook
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
Abshier Heights Planned Zoning District - Extension of approved PZD
An ordinance to waive Ch_ 166.20 of the Unified Development Code, to
permit an extension for the Abshier Heights Planned Zoning District (R-
PZD 06-1183), and requiring the applicant to obtain all building permits
by April 04, 2008.
APPROVED FOR AGENDA:
L
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AlderrZn Kyle Cook Date
oq �l o�
Je emy a e Date
Direr f Current Planning
City Council Meeting of August 07, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations .P
From: Jeremy C. Pate, Director of Current Planning
Date: July 31 , 2007
Subject: Abshier Heights Planned Zoning District Expiration
RECOMMENDATION
Planning staff recommends approval of an ordinance repealing and replacing Ordinance
No. 4850, waiving the Unified Development Code, §166.20 Expiration of Approved
Plans and Permits for Abshier Heights R-PZD and extending the expiration date for R-
PZD 06- 1883 (Abshier Heights), with the condition that all building permits be obtained
by the applicant prior to April 4, 2008 or the project shall return through the Planned
Zoning District review process, in accordance with the ordinances in place at the time of
submittal.
BACKGROUND
The property consists of a total of 4. 11 acres occupying land with frontage on Abshier
Drive and Hillcrest Avenue. Both parcels are undeveloped and are zoned R-PZD 06-
1883. It is surrounded by single-family homes on the south/cast and the Evelyn Hills
Shopping Center to the north/west.
The subject Planned Zoning District was approved on April 4, 2006, including a
maximum of 24 dwelling units in six buildings, at a density of 5.8 dwelling units per
acre. When this project was approved, the project booklet indicated two different time
frames for development. One allowed for construction within 3 years, while the other
placed a blanket one-year time period in which to obtain all building permits associated
with the project. Pursuant to Chapter 166.06 (G)(Conflicts); where there is more than one
provisions within the PZD Master Development Plan that covers the same subject matter,
the provision which is most restrictive or imposes higher standards or requirements shall
govern unless determined otherwise by the Zoning and Development Administrator. The
one-year time frame expired on April 4, 2007.
The applicant has been working with City divisions to obtain the necessary permits to
begin construction of the development. At this time grading of the property and utility
installation has commenced and building permits have been applied for. However, staff
is unable to approve any building permits as the one year time frame allowed to obtain all
permits from the date of approval has expired.
City Council Meeting of August 07, 2007
Agenda Item Number
Staff would support a waiver from the Unified Development Code to allow for this
project to continue in the process of obtaining building permits without having to halt all
construction and process a new Planned Zoning District application through the
development review process. We feel it is evident the applicant/developer is actively
pursuing the development of this project, which was the intent of the ordinance adoption,
and it is not the applicant's intent to leave this project unfinished. Staff proposes a time
limit on the extension of the approval of approximately one year to expire on April 4,
2008. All building permits for Abshier Heights PZD would have to be obtained for this
project by that date, or the approvals would expire without the ability to request renewal
by the Planning Commission.
DISCUSSION
None.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO WAIVE CHAPTER 166.20
OF THE UNIFIED DEVELOPMENT CODE
EXPIRATION OF APPROVED PLANS AND
PERMITS, FOR R-PZD 06- 1883 (ABSHIER
HEIGHTS) AND TO PROVIDE FOR A , ONE-
YEAR APPROVAL EXTENSION
WHEREAS, The City Council of the City of Fayetteville approved a Residential
Planned Zoning District known as Abshier Heights (R-PZD 06- 1883) on April 4, 2006 with
Ordinance No. 4850; and
WHEREAS, Abshier Heights PZD has applied and been:approved for construction of
all necessary public improvements, such as streets, sidewalks;'water and sewer mains and other
infrastructure improvements that could pot be accomplished within the one-year period of time
granted; and
WHEREAS, the Abshier Heights development is actively under construction at this time
for said public infrastructure improvements; and
WHEREAS, building permits have been .submitted for construction of the buildings, but
upon review may not byermitte = e to the expiration of the PZD on April 4, 2007.
NOW, THEREFRE, J T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE; ARKANSAS:;~.
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby waives
the one year time limitation of R-PZD ,06- 1883 (Abshier Heights) adopted on April 4, 2006 to
obtain all building permits\
Section 2 That the applicant must obtain all building permits associated with R-PZD
06- 1883 (Abshier Heights) on or before April 4, 2008, or the R-PZD shall be null and void.
Section 3 : That all other conditions, commitments, development standards and other
requirements of the project approved by Ordinance No. 4850 shall remain in full effect unless
otherwise modified by the City Council.
PASSED and APPROVED this—day of J 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
31 July 2007
Jesse Fulcher
Planning Department
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: R-PZD 06- 1883 Abshier Heights
The above-referenced PZD was approved by City Council on 04 April
2006. After earning City Engineering & State Health Department approval over
that following summer, the Owner, David Chance, began site work in February
2007. Plan approval and construction has been underway since that time and
continues to this day.
By starting construction in the February of 2007, Mr. Chance believed he
was well within the time limit as described in Section 166.20(B) I d of the Unified
Development Code regarding the expiration of approved plans and permits. Upon
submitting plans for a building permit on or around 13 July of this year, however, he
was informed that the PZD approval had expired subject to a I -yr time limit for
receiving the actual building permit, though the permitting process and construction
had been underway for some time.
On Mr. Chance's behalf, we ask that you please grant an extension until 04
April 2008 for the building permit application for this project.
Thank you for your consideration.
Sincerely,
Paul Mo ensen, A Date
Cooper Architects
ORDINANCE NO. 4850
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06- 1883, ABSHIER HEIGHTS,
LOCATED SOUTH OF EVELYN HILLS SHOPPING CENTER ON
ABSHIER AND HILLCREST, CONTAINING APPROXIMATELY
4. 11 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 C-2, Thoroughfare Commercial, to R-PZD 06-1883 as
shown in Exhibit "A" 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, and conditions of approval as submitted, determined
appropriate and approved by the City Council.
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 i above.
Section 5: That the Master Development Plan is approved subject to the list of compromises
agreed to by the neighbors, developer and architect shown on Exhibit "B" presented to and accepted
by the City Council. The Master Development Plan is also subject to the Revised Site Plan attached
as Exhibit "C".
Page 2
Ord. 4850
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PASSED and APPROVED this 4'h day of April, 2006. _c )
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APPROVE ATTEST:
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By: By: GAndif� hullf�
DARICOODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-1883
TRACT A:
PART OF THE NW '/, OF THE NW '/4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30
WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF
THE NW %. OF THE NW %., SAID POINT BEING A FOUND V PIPE; THENCE N87° 12'l0"W
352.90 FEET; THENCE NO2°59'53"E 25.00 FEET TO THE POINT OF BEGINNING; THENCE
NO2058'47"E 635.03 FEET TO A CHISLED "X"; THENCE S870W06"E 149.72 FEET TO A
FOUND IRON PIN IN THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE; THENCE
ALONG SAID RIGHT-OF-WAY S02057'25"W 634.95 FEET TO A FOUND PK NAIL IN THE
APPROXIMATE CENTER LINE OF WOODCREST DRIVE NOW VACATED BY THE CITY
OF FAYETTEVILLE BY ORDINANCE #1205; THENCE ALONG SAID CENTERLINE
N87002'16"W 149.97 FEET TO THE POINT OF BEGINNING, CONTAINING 2. 187 ACRES,
MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
TRACT B:
PART OF THE S W Y. OF THE NW '/. OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30
WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF
SAID SW '/< OF THE NW 1 /4; THENCE N87° 12'10"W 203.60 FEET; THENCE S02°58'05"W
30. 14 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN IN
THE WEST RIGHT OF WAY OF HILLCREST AVENUE; THENCE ALONG SAID RIGHT OF
WAY S02058'12"W 313.56 FEET TO A FOUND IRON PIN IN THE NORTH RIGHT-OF-WAY
LINE OF ABSHIER DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE N86°363011W
537.42 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY
N63001 '26"E 620.21 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .935 ACRES
MORE OR LESS, AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
1 �
EXHIBIT "B"
R-PZD 06-1883
WE AS NEIGHBORS, THE AFOREMENTIONED DEVELOPER AND ARCHITECT,
HAVE RESPECTFULLY AGREED UPON THE FOLLOWING COMPROMISES:
L Modifications to architectural design of development to complete and complement
existing neighborhood homes. Examples include planter boxes with stone facades; the agreed upon
stone fagade on the back of the development (on the side of the town homes facing Hillcrest and
Abshier) the architect will modify rear elevations of development to include partial stone facades on
the back of the development (on the side of the town homes facing Hillcrest and Abshier) for
approval of abovementioned neighborhood representatives; house numbers re-styled and moved to
the lower portion of the front of the house near planter boxes; changes in paint palette in the natural
earth tones; enlarged window shapes and styles in the latest drawings presented to the neighborhood
— all to create a more natural, "softer" feel in line with the traditional character of the existing
neighborhood.
2. Reduction in the number of units to 24.
3. Speed bumps to be built/installed on Hillcrest, Absbier, Lakeridge and Oakwood by
Developer and City with 50/50 cost share with up to four speed tables.
4. A permanent, WRITTEN plan for maintaining the park and greenspace throughout the
development included in the homeowner's association agreements and/or covenants for those who
purchase the town homes. The association agreements or covenants must be worked out in
consultation with the above-mentioned neighborhood representatives throughout the process and
approval. Additionally, new neighbors in the development must be aware that Lade Lucille and
surrounding property is a private entity and is not available for their use for swimming, fishing,
picnicking, etc. (only accessible by property owners in Lake Lucille/Clay Yoe subdivision).
5. Additional trees and shrubs are to be planted along Hillcrest and Abshier to fill in gaps
and ensure that the tree buffer is maintained and expanded. Trees and shrubs are needed to fill in
both high and low gaps and present an attractive, natural appearance to neighbors in the development
and across Hillcrest and Abshier.
6_ Core and soil sample testing will be conducted due to grade and incline, instability of land
because of natural springs and previous construction difficulty in area with USA Drug.
7. We respectfully request that City Planning division allow that no bridges or steps leading
form the town homes to Abshier or Hillcrest will be constructed. This would only encourage street
parking and exacerbate traffic problems. The only steps in the development that are agreeable to the
neighbors are those from the pocket park/viewing area to the parking area for the E. Fay Jones' home
as designated on plans.
8. Trees and/or shrubbery will be planted at the back of the development to screen the
development's residents from the shopping center. These also should include plantings to fill in high
and low gaps and present an attractive, natural appearance consistent with a high quality
development_
9. No parking signs to be installed along Hillcrest & Abshier on the development side, with
no parking allowed on either side of these two streets.
10. Landscape design, and any newly planted trees and shrubbery will, as closely as possible,
be in accordance with E. Fay Jones' written/drawn design plans for the property from the
U. of A. Mullens Library, Special Collections (neighbors have this document) (i.e. species of trees,
placement, etc.).
11. Above -mentioned neighborhood representatives will see sample/rendering of mailbox
design and of the sign for the development and provide input for approval, prior to installation.
12. Construction will be limited to daylight hours only.
13. We respectfully request that if this development, PZD 06-1883, Abshier Heights, is not
executed, that the City require that this property revert back to RSF-4 (R- 1), not its current zoning of
record, C-2.
14. All agreed upon compromises will be put in writing and officially recorded as
amendments to PZD 06-1883 and presented at the meeting of the Fayetteville City Council, Tuesday,
April 4, 2006. All compromises throughout this document are legally binding on the developer and
must be carried out.
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/ ARKANSAS
THE CITY OF FAYETTEVILLE. ARKANSAS
PC Meeting of February 13, 2006
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Planning Commission
FROM: Jesse Fulcher, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: February $,2006 Updated February 14, 2006 for City Council
R-PZD 06-1883: Planned Zoning District (ABSHIER HEIGHTS, 407): Submitted by H2
ENGINEERING for property located at S OF EVELYN HILLS SHOPPING CENTER ON
ABSHIER AND HILLCREST. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 4.11 acres. The request is for a Residential
Planned Zoning District with 30 multi -family dwelling units.
Property Owner: SMITH 2 -WAY RADIO
Planner: JESSE FULCHER
Findings:
Property Description: This site is located north of Abshier Drive and west of Hillcrest Avenue,
directly behind the Evelyn Hills Shopping Center.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Evelyn Hills
Shopping
Center
C-2
South
Single Family
Neighborhood
RSF-4
East
Single Family
Neighborhood
RSF-4
West
Evelyn Hills
Shopping
Center
C-2
Background: Research conducted by staff indicates in 1960 when the Evelyn Hills Shopping
Center was rezoned, that a 150' strip was left zoned residential to serve as a buffer strip. In 1962
the City Council approved rezoning of the western 130' of the 150' tract, partly because the
owners offered to place a restrictive covenant on the property that limited development on the
20' residual strip along Hillcrest Ave. It should be noted that all structures and land disturbances
associated with the proposed structures is further than 20' from Hillcrest Avenue (approximately
45' from the curb). Street improvements to Hillcrest will require construction in this area.
However, later in 1962 the rezoning was rescinded after an election was called by referendum.
Any covenants that were in place with the rezoning were most likely invalidated when the
rezoning was rescinded.
K:IReporis12M161PC Reports 102-13-061R-PZD 06-1883 (Abshier Heights).DOC
It appears that in 1967 a second request was made to rezone the property to C-2. The request
was denied, but was later appealed to the Board of Directors, who then approved the requested
rezoning to C-2.
In 1991 a rezoning was requested to rezone the property from C-2 to R-1.5 to allow for the
construction of duplexes, which was withdrawn. Pertinent information on the zoning history of
this property has been included.
Subdivision Committee Comments: The Subdivision Committee voted 2-1-0 to forward the
item to the Planning Commission. A consensus was not reached on the findings. Numerous
adjacent property owners attended the meeting with several concerns regarding the proposed
project. These concerns included traffic, density, compatibility, trash, aesthetics, drainage and
the E. Fay Jones property which is near the site. Included in the staff report are letters from
adjacent property owners.
Planning Commission Comments: The Planning Commission voted 6-3-0 to forward the item
to the City Council. There was considerable public comment regarding traffic, density, water
pressure, architectural compatibility and the E. Fay Jones property. Some of the Planning
Commissioners shared some of the same concerns as the neighbors. In addition, the Planning
Commissioners had added concerns and questions for staff to address prior to City Council,
including Fire Department access, parallel parking on Hillcrest Avenue, water pressure,
pedestrian bridges, trash service and building materials.
Proposal: The applicant requests a rezoning, Master Development Plan and Large Scale
Development approval for a multi -family development on the property. The 8 -building proposal
includes 30 residential units, consisting of 22 multi -family units and 8 two-family units. The 8
two-family units will be located in the northern 4 buildings along Hillcrest and the 22 multi-
family units will be located in the remaining 4 buildings, three facing greenspace off of Abshier
and one on Hillcrest. The overall density is 7.3 units per acre.
The applicant is attempting to create a transition between the commercial shopping center to the
north/west and the single-family neighborhood to the south/east. The Planned Zoning District
contains one (1) Planning Area. The Planning Area has its own specific density (maximum
number of dwellings units allowed), and established bulk and area criteria, setbacks, height, etc.
The information is provided both in a booklet form, which describes the intent of the Planning
Area along with a drawing of the overall Planning Area boundaries and by way of the larger plat,
which gives more engineered information. The applicant requests approval of both the zoning,
given the proposed Master Development Plan, statement of commitments, and development
standards and approval of the large scale development which would allow the immediate review
of construction plans. Proposed setbacks are not close to the street; rather they allow for the
development of the flat parts of the site, while preserving the slope and trees along the street.
Process: The purpose of the subject request is for a rezoning and development approval.
Approval of the Residential Planned Zoning District would effectively rezone the property based
on the engineered plans and information provided.
K: lReports120061PC Reportst02-13-061R-PZD 06-1883 (Abshier Heights).DOC
The following bulk and area regulations are proposed by the applicant:
(A)Proposed Uses.
Permitted uses
Use Unit 1
City-wide uses by right
Use Unit 2
City-wide uses by conditional use permit
Use Unit 9
Two-family dwellings
Use Unit 26
Multi -family dwellings
Conditional Uses
Unit 2 City-wide uses by conditional use permit
Unit 24 Home Occu ations
(B) Density.
Units per acre I 7.3
(C) Bulk and area regulations.
(E) Setback requirements.
Front Building Setbacks: 25'.
Rear Building Setback: 15'
Side Building Setback: 8'
(F) Height. 35' maximum height
(G) Building area. 16.8% of site.
Water: Public water is adjacent to the site. A study of the water system shall be conducted by
the developer as directed by the Engineering Division. Substantial improvements to the water
system may be required which includes other off -site improvements. Water service will need to
be extended within the property at the time of development connecting within the proposed
development.
Sewer: Sanitary sewer is currently available to the site. There is a 6" sewer line that runs along
Hillcrest Avenue and a 6" sewer line along Abshier Drive, west of the site. A study of the
downstream system shall be conducted by the developer. Substantial improvements to the sewer
system may be required which includes other off -site improvements. Sewer service will need to
be extended within the property at the time of development connecting within the proposed
development.
K:IRepor1sl20061PC Reports!02-/3-061R-PZD 06-1883 (Abshier Heighty.DOC
Adjacent Master Street Plan Streets:
East: Hillcrest Ave. (Local Street)
South: Abshier Road (Local Street)
Traffic: Access to the site is provided by way of two private drives from surrounding streets,
which will supplement two existing access drives into the Evelyn Hills Shopping Center. The
two existing access drives are located behind the shopping center, both of which are accessed
from Hillcrest Ave. A private drive will be allowed access from Abshier Dr. and will traverse
through the southern tract and intersect with the existing drive into the shopping center. A
second private drive will traverse north across the northern tract and connect the two existing
access drives. A traffic study was not recommended for the proposed development. However,
further evaluation will be conducted by staff at the time of construction plan submittal for any
required improvements.
Street Improvements: Staff recommends the following improvements:
• Improve Abshier Drive to include a 14' wide street section from centerline with curb,
gutter, storm drains and 6 -foot sidewalk. Street improvements shall extend to College
Avenue.
• Improve Hillcrest Avenue to include a 14' wide street section from centerline with
curb, gutter, storm drains and a 6 -foot sidewalk.
*Staff recommends that the location of the sidewalks on both A bshier Drive and Hillcrest Avenue
be determined by the Sidewalk Coordinator and Urban Forester at the time of development so
that existing canopy along the right-of-way can be preserved.
Tree Preservation: The two sections of property have very different topographies. The triangle
shaped, southern tract is very sloped from Abshier Drive down to the proposed building
locations, while the building location is very flat. Most of the tract is covered in small saplings
and underbrush, with some larger significant trees. This tract contains the trees that will be
removed in order to construct a detention pond. The rectangle shaped, northern tract has only a
slight slope from Hillcrest Avenue to the proposed building locations. Many mature trees exist
on this tract, but are within an existing easement. However, these trees should not be affected by
this development.
The applicants have designed the layout of the driveways and buildings so that they are located
on the flat portions of the property, while staying away from the outer boundaries of the
property. After removal of the tree canopy for the detention pond, the canopy will fall to 17.0%
canopy coverage, from 17.9% existing canopy coverage.
Parks: On November 7, 2005 the Parks Recreation Advisory Board recommended accepting
money in lieu in the amount of $13,086 for 22 multi -family homes and 8 single-family homes.
These amounts may need to be adjusted if the two-family homes are left on the same lot and not
utilized as single-family attached homes.
Public Comment: Staff has received several comments, letters and e -mails from adjacent
property owners. Any additional written comments from adjacent property owners will be
included in the Planning Commission packet.
K: Reports120061PC Reports102-13-061R-PZD 06-1883 (Abshier Heights). DOC
Recommendation: Staff recommends forwarding a recommendation of approval of the
Residential Planned Zoning District for Abshier Heights (R-PZD 06-1883)
to the City Council, with the following conditions:
Conditions to Approval:
Planning Commission determination of street improvements, to include the following:
a. Installation of a 14' wide street from centerline of Abshier Dr., including 14'
pavement, curb, gutter, storm drains, and a 6' sidewalk. Street improvements shall
extend off -site to include the intersection of Abshier Drive and College Avenue.
b. Installation of a 14' wide street from centerline of Hillcrest Ave., including 14'
pavement, curb, gutter, storm drains, and a 6' sidewalk.
c. Right-of-way to meet Master Street Plan requirements shall be dedicated prior to
building permit.
d. Egress from the proposed drive onto Abshier Drive shall be signed/marked to allow a
right out only.
*Staff recommends that the location of the sidewalks be determined by the Sidewalk
Coordinator and Urban Forester at the time of development so that existing canopy
along the right-of-way can be preserved.
THE PLANNING COMMISSION FOUND IN FAVOR OF THE PROPOSED STREET
IMPROVEMENTS, INCLUDING THE LOCATION OF SIDEWALKS TO BE
DETERMINED BY THE SIDEWALK COORDINATOR AND THE URBAN FORESTER.
2. All setbacks, protective easements, density, designated uses and other zoning criteria are
binding with the approval of the R-PZD. Submitted covenants are likewise binding to the
project.
Structures shall be constructed as presented in the PZD, meeting the architectural design
standards established herein.
4. Parks fees in the amount of $13,086 for 8 single-family units and 22 multi -family units
shall be paid prior to issuance of building permits, or as constructed to meet the parkland
dedication fee -in -lieu requirements.
5. If street lights do not exist, they shall be installed with a maximum separation of 300 feet
along Abshier Drive and Hillcrest Avenue.
6. The applicant shall submit 15 sets of the plats, project booklets, and elevations along with
any other correspondence and information the applicant would request the City Council
to review. Please submit half-size drawings for City Council review.
7. Coordination with the Solid Waste Division for centralized trash pick-up. THE SOLID
WASTE DIVISION HAS REQUESTED THAT TWO DUMPSTER PADS BE LOCATED
ON THE SITE. IF PLANNING STAFF FINDS THAT THERE IS NOT SUFFICIENT
K. IReports12006IPC Reports l02-13-06IR-PZD 06-1883 (Abshier Ileights).DOC
ROOM FOR LOCATING A DUMPSTER PAD, OR THAT REQUIRING DUMPSTERS
WOULD RESULT IN THE REMOVAL OF EXISTING TREE CANOPY, THE SOLID
WASTE DIVISION WILL ALLOW INDIVIDUAL CARTS.
8. The applicant shall be granted one (1) year from the date of Planning Commission
approval to receive all permits necessary for development with a one (1) year extension
available.
9. All development shall meet applicable building codes and other ordinances of the City of
Fayetteville.
10. Prior to City Council consideration, the applicant shall modify the project booklet and
Site Plans to reflect any recommended revisions from the Planning Commission.
11. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks.
12. Access easement agreements for the driveways located off -site, shall be provided on the
easement plat and filed of record prior to building permit.
13. Manufacturer's cut -sheets shall be required for any outdoor lighting, prior to building
permit.
14. Trees are required to
be planted every 30 linear feet along
the right-of-way, where
existing
canopy is not
currently located. Trees should also be
planted every 12 parking
spaces.
Include these revisions prior to City Council.
15. If after construction, open areas exist along the right-of-way, trees shall be planted within
the open areas, to provide a continuous buffer along the right-of-way between the PZD
and the existing neighborhood.
16. Two bicycle racks are required and shall be shown on the site plan and legend with
revisions prior to City Council.
Standard Conditions of Approval:
17. 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.
18. Prior to building permit, a cost estimate for all required public improvements are
required to be submitted to Planning Staff for review. Once approval is gained, a
guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the
K: I Reports120061PC Reporis102-13-061 R-PZD 06-1883 (Abshier Heights).DOC
materials and installation of the plants. This guarantee will be held until the
improvements are installed and inspected, at the time of Certificate of Occupancy.
19. 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. This shall be reflected in the booklets and on the plats.
20. 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).
21. 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.
22. All overhead electric lines 12kv and under shall be relocated underground. All
proposed utilities shall be located underground.
23. 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 Building Permit.
Planning Commission Action: Required YES
Forward ❑ Denied ❑ Tabled
Motion: Vaught
Meeting Date: February 13, 2006 Second: Graves
Vote: 6-3-0 Commissioners Clark, Myers and
Allen voted no.
Comments:
K:\Repo-Is 120061 PC Reports 102-13-06'R-PZD 06-1883 (Abshier Heigh/s).DOC
Overview Legend
.. Subject Property Boundary
RPID06-1883
'1s Planning Area
a
Streets o Overlay District
oppwo
it
^.� Existing Outside city
Planned Legend
0 75 150 300 450 600
Feet
— (8.14.07 Clarice Pearman - Ords. 5042 - 5044 and 5048-5052 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 8.14.07 4:13 PM
Subject: Ords. 5042 - 5044 and 5048 - 5052
Attachments: 5052 Abshier Heights 166.20 waiver.pdf; 5043 R-PZD 07-2578 Bailey Meadows.p
df; 5044 Amend Ch 171 & 172.pdf; 5048 RZN 07-2637 Starks.pdf; 5049 R-PZD 07
-2613 Holcomb Heights Il.pdf; 5050 VAC 07-2638 Estes.pdf; 5051 VAC 07-2639
Four Seasons.pdf; 5042 Amend Ch 161 Zoning Regs.pdf
CC: Audit; GIS
Jeremy:
Attached are the ordinances passed by City Council, August 7, 2007 generated by the Planning Division. Please let me know if
there is anything else needed. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerkfrreasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearmaneci favetteville ar us
NCRTHVIEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Kate MacNaughton, do solemnly swear that I am the 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
City of Fayetteville: Ordinance No. 5 05 2
Was inserted in the Regular Editions on:
August 18, 2007
Publication Charge: $73.85
Subscribed and sworn to before me
Thi57Dwday of Av3ust, 2007.
Notary Publ J19J 41fi
amce Deacon
Notary Public, State of Arkansas
Washington County
My Commission
My Commission Expires: Expires 11/15/14
**NOTE** Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
AUG22 2 2007
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Saturday, August 18, 2007
The
the Abehler HNp
fe
BAR budding permits
rt*. nay net be P6maad dl
620 OF
RATON ye tLM1e
I AYZD
ARKANSAS
City of
Zoning Olesict known as Abshier Heights (R-PZD 0B
860, and
died end been approved for Construction of all foes.
ddewaka water and sewer mains and other infrastmc
dlshed within the one-year Period of time granted: and
at this time for said
an submitted for Ca stmCRon of the buildings, but upon
expeation of the PZD on April 4, 20)7.
UfaO my T/0 an COUNCIL OP T/0 OMY of
on 1: That the City Caeca of the City of Faysee..ille. Arkaaas hereby wakes the one yea
SNWion of R-PZD 08-1883 (Abshier Heights) adopted on April 4.2006 to obtain all budding
on 2: That the applicant mat obtain all btadeg permits snoola ed with RPZD 0 -1883
tier Heights) on or before Apnl 4, 2008, or the lino shad be null and void.
on a That SI other conditions, oarmiorana, development standards and other require -
of the project approved by Ordnsrwe No. 4850 Seed rernsln in full effect unless otherafie
ded by the City Coact.
AklUOY00 this 7th day of August. 2007.
ATTEST.
By
0010111/ L 0YM11r CNp Clam
RECEIVED
AUG 222007
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE