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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 - =U • PASSED and APPROVED this 15`h day of May, 2007. FAYETTEVILLE; APPROV ATTES ,9sy960 'ANSGoJ? •,,;�GTON gnuua By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer . ...3 ,ry�..7r t "mom CKXVi. FFFF # Y .^� .#t ��.�`TM�.,I�?� 4 a`Y• � IL �i' ✓'��� ch .a {ems- �.R !f x ri*v .•'?�^f s f� { - Ln t• . y, c �f E ? }Ys Ip .ht Jv j9.i ', [ t •J kt��S Y1J r! 5 sof y Clt2Y >r B? tC vT I,k'3 ry . 1.1' 'j }} /- ? J J 'l V t (•l l 6 31 L 1 f [r-$ Y:lj +tIV •/°`s i -3 rn .p `moi,s a L f f .+ is ,�tF't• t y, }a 41. 4': > 4 't "3� .. { a"S �' I�t�a�sr ? $� � �•-E__ l �a 7 , r . J Y J 2 a nFh . li r KN - ee �f5 `h`}:a ! x). 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' j ., t. • • nY 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: