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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 %%% ,uiunuu I u tis " EXHIBIT A" • f�. f D c I r '• c I, ' II i � � � ,•i :# r I f , � • •F r i :r i ID. 0106065!0007 Tvo! . R0. ' INcord;d: to/26/200• K 01 :a4 :a6 PM Fee Apt: $46 .00 P&G* 1 of 7 .. . I Mmahlnoton Countv. AN Bette at@=& C1rcAt Clerk 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 w 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" RclanUP o WOODBURY crouse up vlar. ---R'o SUBJECT PROPERTY C.1 rarF.v 3 d: u 1' RMn .i. M . MA 0 ® � R91FZ Q V.V � . d Rs> e 1. 4 eeeF.zs Overview Legend re0ued OvedrO — ROOMY -- - 500Y — wo rrna -- LMTOFb y ea.awr Rafe O Fayetteville ® RP2➢0 IN .Mv.roawoomtmo+ � Naa.Rusoarar oesu 0 125 250 500 750 1,000 Fee --- - -- - .. . . . _ . .. . ZJi Mff "l 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