HomeMy WebLinkAboutOrdinance 5070 REF : 2006-00043808Doc ID :III �III� I�I���II�III���I�I�I
Filed: 10/25/2006 Recorded : 11/08/200770atT04:414:09 PM
Doc. ID# 01506660007 Fee Amt : $55 . 00 Pace 1 or a
Mashlnoton Countv . AR
Bette Stemoe Circuit Clerk
F11. 2007-00041888
ORDINANCE NO, 5070
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 06-2190, WOODBURY,
LOCATED ON THE SOUTH SIDE OF ZION ROAD AND EAST
OF TALIESIN LANE, CONTAINING APPROXIMATELY 11 .66
ACRES; TO REFLECT REVISED BUILDING SETBACKS IN
PLANNING AREA 2 AS DESCRIBED AND DEPICTED HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the change in building setbacks off of the private drive in Planning Area 2
from 15 ' to 5 ' is hereby approved and reflected in the Planned Zoning District zoning criteria for R-
PZD 06-2190.
Section 2: That the approvals and conditions for R-PZD 06-2190 (Woodbury) as passed and
approved by the City Council on October 3, 2006 with Ordinance No. 4931 shall be modified with
the revisions to the Master Development Plan and project booklet as described and depicted herein
(Exhibit "A").
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 Planning 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 16 day of October, 2007. c�>G•CITY pF. G�,
APPROV ATTEST: = ; FAYETTEVILLE ;
46 By: By: . �__ I VGu/� � 'S s///v 0 0 0 , -
DAN COODY, May SONDRA E. SMITH, City Clerk/Treasurer �''1,;j/C; TON•c %%%
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F11e200640043808
ORDINANCE NO. 4931
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2190, WOODBURY,
LOCATED SOUTH OF ZION ROAD AND EAST OF TALIESIN
LANE, CONTAINING APPROXIMATELY 11 .66 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 06-2190 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 indicated in Exhibit "C"
attached hereto and made a part hereof.
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.
:e, o SY .O� BGS.,'
PASSED and APPROVED this 3n° day of October, 2006. _U G� F•. 9Ai
; FAYEITEVILLE ;
APPROVED: ATTEST: - =
�%9ygRKAN`;P0J��`
By: By: +',+�'�
D N COODY, Mayo SO DRA SMITH, City Clerk
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EXIMIT "A"
R-PZD 06-2190
A PART OF THE NEI/4 OF THE SEI/4 OF SECTION 24, IN TOWNSHIP 17 NORTH AND
RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT:
COMMENCING AT A FOUND STONE AT THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE SW56'03"E 653.39 FEET TO A FOUND RAILROAD
SPIKE SET IN CONCRETE AT THE SOUTHEAST CORNER OF USONIA TERRACE
ADDITION TO THE CITY OF FAYETTEVILLE, THENCE ALONG SAID SUBDIVISION LINE
N00°31 ' 16"W 225.51 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N 000
3 P 16" W OF 566.61 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE, SAID
CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 17° 34' 51 .6"2 HAVING A
RADIUS OF 724.78 FEET, AND WHOSE LONG CHORD BEARS N 810 08' 54" E FOR A
DISTANCE OF 221 .52 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL
LINE, THENCE N 890 52' 32" E OF 477.01 FEET TO A FOUND 5/8-INCH REBAR, THENCE
LEAVING SAID RIGHT OF WAY S 010 14' 05" W 866.33 FEET TO A FOUND 5/8-INCH
REBAR, THENCE N 860 39143" W370,36 FEET TO A FOUND IRON PIN, THENCE N 010 14'
11 " W 225.60 FEET TO A FOUND 5/8-INCH REBAR, THENCE N 860 40' 14" W 297.97 FEET
TO THE POINT OF BEGINNING CONTAINING 11 .66 ACRES MORE OR LESS. SUBJECT TO
RIGHT OF WAY ALONG ZION ROAD AND ANY OTHER RIGHT OR EASEMENTS OF
RECORD.
EXHIBIT " B"
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R-PZD 06-2190
Page 1 of 4
Conditions of Approval
1. Planning Commission determination of street improvements. Staff recommends the developer
construct curb, gutter, sidewalk, and storm drainage along the south side of Zion Road along the
property frontage, and extend these improvements approximately 220' to the west to tie-in to the
existing improvements at Taliesin Lane, utilizing a 36' wide sheet section (striped for a tum lane).
2. Planning Commission determination of offsite drainage improvements in lieu of onsite detention.
Staff recommends that at minimum, an assessment of S33.537,50 shall be contributed to the City of
Fayetteville by the developer in lieu of typical onsite detention requirements. These funds will be
utilized in an on-going storm water drainage improvement project in the immediate vicinity.
3. Planning Commission determination ofadequate connectivity. The applicant indicates street stub-outs
to the south and east, and a connection to Zion Road to the north. There is a developed single-family
subdivision to the west and connectivity is not feasible. Staff recommends the following:
a) The developer shall secure and submit a signed, recorded access easement from the adjacent
property owner to the east to allow for emergency access, prior to issuance of a building permit
The private street shall be extended into the parking area of the property to the east as indicated
on the plat, reconstructing parking spaces/landscaping as necessary.
b) An additional stub-out shall be provided to the south between units 43 & 44, as indicated in
the submitted drawings. There is an existing large parcel of land in this area with one single
family residence with a long driveway connecting to Taliesin Lane to the west, and a driveway
connecting to the north to the subject property. A stub-out of the private sheet to this property
would permit future cross-access when the property to the south redevelops. Access easements
and signs indicating the future connection shall be provided prior to building permit The
applicant shall pay an assessment to the City in the amount of$1 ,675 for future construction of
this stub-out prior to issuance of a building permit.
c) A public street shall be extended to the south property line in the manner indicated
(Woodbury Drive). Signs shall be provided indicating a future street connection.
4. The applicant shall dedicate right-of-way aminimum of35' from centerline of Zion Road. Right-of-
way dedication for Woodbury Drive is variable as depicted on the site plan. The access easements
adjacent to Woodbury Drive shall allow the City the rights of full access to repair or replace public
infrastructure. Appropriate language shall be included on the easement plat prior to building permit,
and approved by the Transportation and Engineering Divisions.
5. Sidewalks along Zion Road shall be constructed to city standards and dedicated to the City. All
sidewalks and green space adjacent to private streets and Woodbury Drive, a public sheet, shall not be
owned by the City, but shall be within a public pedestrian access easement Sidewalks adjacent to
Woodbury Drive (both sides) shall be constructed to City standards and maintained by the City as if
they are within the public right-of-way. All other sidewalks on the property shall be constructed by the
property owner to City standards and shall be maintained to acceptable City standards by the property
owner or property owner's association. The pedestrian access easement shall grant the City full
inspection, access, and maintenance rights for public benefit Private streets, sidewalks and detention
ponds shall be the responsibility of the property owner or property owner's association to maintain
according to city standards. Covenants shall provide that in the event the private streets are not
E7�IT "C"
R-PZD 06-2190
Page 2 of 4
maintained as required, the City shall have the right (but shall not be required) to maintain said streets
and to charge the cost thereof to the property owners within the PZD on a pro arta basis according to
assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the
PZD for such cost. The covenants shall grant the City the right to use all private streets for purposes of
providing fire and police protection, sanitation service and any other of the municipal functions. Said
covenants regarding maintenance of private sheets shall not be amended and shall not terminate
without approval of the City Council (§ 166.06 QL I O.b.vii).
6. Project Phasing: Streets and infrastructure shall be installed within 1 year of approval, and building
permits for all structures shall be required to be issued within 3 years of approval, or the development
approval is voided.
7. All trash enclosure locations and dimensions shall be fully reviewed and approved by the Solid Waste
Division prior to issuance of a building permit. Single family residential units may utilize residential
cart service; location for placement ofearts on trash pick-up day shall be coordinated with Solid Waste
prior to building permit. Multi-family units must utilize dumpster service, and trash enclosures shall be
fully screened with materials that are compatible with and complimentary to the architecture of the
surrounding buildings.
8. Bicycle racks meeting city specifications shall be installed adjacent to the multi-family structures.
9. The Planning Commission, by conditional use permit, shall determine the appropriate size and
magnitude of any non-residential uses within Planning Area 2.
10. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or
utility easements.
11. Building separation shall meet all applicable building codes as mandated by the Building Safety
Division.
12. Buildings shall be constructed to be consistent with the elevations and concepts depicted in the
building elevations in the booklet as specified Building permits will be based upon the submitted
drawings.
13. All buildings shall be designed and constructed to be articulated without large blank wall surfaces as
they are visible from public rights-of-way and private sheets. Multi-family buildings shall be designed
with a front fa*e facing Zion Road, Woodbury Drive, and the private street along the south side of
the building. The single-family structures shall be designed with articulated facades facing both the
public and private streets. For those structures without street frontage, the front shall face the
pedestrian access.
14. Parks fees for 67 Single-Family Units in the amount of 544.320. and park fees for 45 Multi-Family
Units in the amount of$30,600 are due prior to issuance of building permit.
15. 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
EXBIB1T "C^
M 06-2190
Page 3 of 4
development. Should mixed use be proposed as part of a conditional use request, signage would be
addressed for the commerciaUnonresidential use at the time of that request, and may be allowed in
accordance with neighborhood commercial development.
16. 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.
17. Should the property ever be subdivided, it shall comply with the zoning criteria as established and
approved herein.
Landscape Plan Comments:
18. Existing trees shall be retained in good health, or new trees shall be pleated, one per every 30' linear
feet along Zion Road, prior to Certificate of Occupancy.
19. Pedestrian walkways and landscaping as shown on the sWandscape plans along all public and private
streets with a maximum separation of one tree per 30' linear feet of street, and between the buildings
(typical), shall be a requirement of the PZD, and shall be installed as buildings are constructed, prior
to occupancy.
Tree Preservation Plan Comments:
20. The removal of 49,775 square feet of canopy is equivalent to 228 (2) inch caliper large species trees.
Most if not all these trees should be located on-site outside of utility easements. A variety of tree
species shall be utilized in this area; all must be large shade tree variety and 2 inch caliper at the time
of planting.
21. Mitigation trees must be planted before the issuance of a Final Certificate of Occupancy. A 3-year
maintenance and monitoring bond, letter of credit or check shall be deposited with the City in the
amount of$57,000. After 3 years the Urban Forester will visit the site and release the amount finding
90% of the trees healthy.
Standard Conditions of Approval:
22, 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).
23. Trash enclosures shall be screened on three sides with materials compatible with the surrounding
structures, with access not visible from the street
24. 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
EXHIBrr "C"
R-PZD 06-2190
Pate 4of4
comply with City's current requirements.
25. All overhead electric lines 12kv and under shall be relocated underground All proposed utilities shall
be located underground.
26. Street lights shall be installed adjacent to all public and private streets (not alleys), with a separation of
no greeter than 300 feet.
27. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut-
sheets
utsheets of the proposed exterior light fixtures shall be required to be approved by Planning Staffprior
to building permit
28. 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.
City of Fayetteville la
Staff Review Form
City Council Agenda Items 6L9 70
or
Contracts
20-Oct-07 WGYJG� ey
City Council Meeting Date
Jeremy Pallet Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2748: Administrative Item R-PZD 06-2190 (WOODBURY, 137): Submitted by H2 Engineering, Inc. for property
located on the south side of Zion Road and east of Taliesin Lane. The property is zoned R-PZD 06-2190, Woodbury and
contains approximately 11 .66 acres. The request is to change the zoning criteria in Planning Area 2 to modify the setback off
of the private drive from 15' to 5 ' .
$0.00 n/a n/a
Cost of this request CategorytProject Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Dale Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Di for (l% ` Date Original Contract Date: n/a
Original Contract Number: n/a
2� -d
C' mey
`P
Received in City C199S s O i
`Pa. x$ -07 ELATE D
Finance and Internal Service Director Date
Received in Mayors Office
X//1) 9
Mayor Date
Comments:
City Council Meeting of October 20, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
II
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy Pate, Director of Current Planning
Date: September 27, 2007
Subject: Administrative item modifying the Master Development Plan of the
Woodbury Residential Planned Zoning District (ADM 07-2748)
RECOMMENDATION
Planning Staff and Planning Commission recommend approval of an ordinance amending
the Woodbury Planned Zoning District to modify the building setback for Planning Area
2 off of the private drive from 15' to 5 ' .
BACKGROUND
The subject property consists of approximately 11 .66 acres located on the south side of
Zion Road, approximately 0.3 miles west of Crossover Road. The Fayetteville City
Council approved R•PZD 06-2190 (Woodbury) on October 3, 2006 for zoning and
development approval of a residential development with 67 single family dwellings and
43 multi-family dwellings in two Planning Areas. The multi-family portion of the
development is situated along Zion Road, with parking located in the rear, accessed from
a private drive.
The applicant requests a modification to the approved zoning criteria for Planning Area 2
(the multi-family portion of the development) to change the building setback off of the
private drive from 15 ' to 5' . A copy of the revised zoning criteria and plat are included
with this report. Setbacks along both Zion Road and Woodbury Drive are t0' from the
right-of-way.
DISCUSSION
On September 24, 2007 the Planning Commission voted 7-0- 1 (Lack recused) on the
consent agenda to forward this request to City Council with a recommendation for
approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL
PLANNED ZONING DISTRICT ENTITLED R-PZD 06-
2190, WOODBURY, LOCATED ON THE SOUTH SIDE
OF ZION ROAD AND EAST OF TALIESIN LANE,
CONTAINING APPROXIMATELY 11 .66 ACRES, TO
REFLECT REVISED BUILDING SETBACKS IN
PLANNING AREA 2 AS DESCRIBED AND DEPICTED
HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the change in building setbacks off of the,.private drive in
Planning Area 2 from 15' to 5' is hereby approved and reflected in the Planned Zoning
District zoning criteria for R-PZD 06-2190,
Section 2. That the approvals and conditions for R-PZD 06-2190
(Woodbury) as passed and approved by the City Council on October 3, 2006 with
Ordinance No. 4931 shall be modified with the revisions to the Master Development
Plan and project booklet as described and depicted herein (Exhibit "A").
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 day of 92007,
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk