HomeMy WebLinkAboutOrdinance 5053 REF: 2007-00020888 III ��I �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : 011588400009 Tvoe : REL
Filed: 06/01 /2007 Recorded : 09/21/2007 at 03 : 31 : 17 PM
Fee Amt : $55 . 00 Pace 1 of 9
Doc. ID# 011205980009 Washington county . AR
Bette Stamps Circuit Clerk
File 2007-00036211
ORDINANCE NO. 5053
AN ORDINANCE AMENDING A RESIDENTIAL
PLANNED ZONING DISTRICT ENTITLED R-PZD 07-
2452, LINKS AT FAYETTEVILLE, LOCATED ON THE
NORTH SIDE OF WEDINGTON DRIVE AND EAST OF
RUPPLE ROAD, CONTAINING APPROXIMATELY
152.23 ACRES, TO REFLECT REVISED MAXIMUM
HEIGHT LIMIT FOR PLANNING AREA III OF 52 .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the change in maximum height in Planning Area III from 40' to
52' , is hereby approved and reflected in the Planned Zoning District approval zoning criteria
for R-PZD 07-2452.
Section 2. That the approvals and conditions for R-PZD 07-2452 (Links at
Fayetteville) as passed and approved by the City Council on May 15, 2007 with Ordinance
No. 5015 shall be modified with the revisions to the Master Development Plan zoning
criteria as described herein.
Section 3. That this ordinance shall take effect and be in full force at such time as
all of the requirements of the Planned Zoning District have been met.
Section 4. That the Planned Zoning District ordinance and 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 23rd day of August, 2007. hay dablY
; FAYETTEVILLE ' '-
APPROVED: ATTEST: 'A�
,9s 9RK N5' 5
so
JGTON
By: By: Ill, . / I AZt4o4
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/treasurer
OC ID : TV
Rec0riied : 06 ,01/2007 - PM
Fee Amt : $32 . 00 P
Maehi naton Cy
Bette S t Clerk
-00020888
ORDINANCE NO. 5015 SCAN N E L
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.
"p„rannpn
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, �rck ,REy N'
amended to reflect the zoning change provided in Section 1 above. _��G.•G�S Y O,c.•. Gp%;
• • . A -
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PASSED and APPROVED this 15`h day of May, 2007. FAYETTEVILLE;
APPROV ATTES ,9sy960 'ANSGoJ?
•,,;�GTON
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By: By:
DAN 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, ANDA 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 NO3°03'08"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 NO204010511E 1716.06' TO A
FOUND IRON PIN, THENCE NO2040100"E 2143.06' TO A FOUND IRON PIN, THENCE N87046'42"W
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 NO2°27156"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 N8605815010W 751 .69' TO THE
CENTERLINE OF RUPPLE ROAD, THENCE ALONG SAID CENTERLINE S20020'5011W 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', SI3°38' l0"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°23'40"W 54.61 ',
S22023'30"W 58.25', S23°21 '56"W 55 .44', S27027136"W 58. 17', S31 °39'13 "W 58.36', S31 °28'21 "W 57.48',
S21 °21 '38"W 54.39', S09°23'27"W 60.29', S02°47'11 ' W 51 .61 ', S01055143 "W 51 .38', S02°08'41 "W 57. 15',
S02026'03"W 49.97', S02°30'26"W 51 .031, S02049'341?W 51 .91 ', S02057'05"W 54.52', S02054'57' W 52.461
,
S02°50'56"W 55 . 16', S02°43' 15"W 48.89', S02°33'25"W 54.35', S02°31 '07"W 51 .57', S02°25'23"W 56.41 ',
S02019'43"W 50.93', S0202710911W 38.771, S02034115"W 44.031, S03012'55"W 52. 16', S02°57'10"W 49.78',
S02033'54"W 51 .59', S0205712011W 63 .381, S03010'0411W 52.971, S02059'07"W 52.35', S02031109"W 51 . 191
,
S03°12' 19"W 54.91 ', S02013'l511W 33 .151, S02014157"W 49.480, S02042'49"W 48.61 ', S0203711801W 50.94',
S02042'26"W 49.47', S02° 18'12"W 48.56', S02°45'16"W 52. 85', S02038'45"W 52.94', S02°54'55"W 41 .80',
S02054'55"W 360.64', THENCE LEAVING SAID CENTERLINE S8703027"E 629.81 ' TO A CORNER
POST, THENCE S03009147"W 7.60' TO A SET IRON PIN, THENCE S86050113"E 1088.84', THENCE
S03003'08"W 434.54', THENCE ALONG SAID RIGHT-OF-WAY S87002'59"E 209.22' TO THE POINT OF
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 I of 5
Staff recommends the following conditions of approval associated with R-PZD 07-2452 (Links
at Fayetteville).
I . 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 ofstreet 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 =
$ 138,000.00).
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 3 ' — 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 C 1 .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
facade 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 comer 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.
77
Washmgton, County 'AR
' I certify this instrument was•filed on
09/21 /2007 '03 31i1TPM
and recorded m Real Estate
File Number 2007-00036211
Bette Stamps - Circuit CI r
by
o �? X�
3P-7
City of Fayetteville 545.3
Staff Review Form ,Q
City Council Agenda Items , \ -�Z�J og-
or
Contracts
21 -Aug-07
p City Council Meeting Date
Jeremy Pate (}1 Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2693: (Links at Fayetteville PZD Modification): Submitted by Hugh Jarratt of Lindsey Management Co., Inc. for
property located on the north side of Wedington Drive and east of Rupple Road. The property is zoned R-PZD 07-2452
(Links), and contains approximately 152.23 acres. The request is to modify the approved height for Planning Area III from 40'
to 52' to be consistent with the approved renderings of the four-story Churchill building presented and approved at the City
Council on May 15, 2007.
$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
nla nla n/a
Fs
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
J Previous Ordinance or Resolution # n/a
bbpactment i Date Original Contract Date: n/a
Original Contract Number: n/a
City Attor
Received in City CI rk's Offic
U10
Fin a nd Internal Service Director Date
Received in Mayor's Offi
Mayor Date
Comments: