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Home My WebLink AboutOrdinance 5216 Doc ID : 012728530006 Tvoe : REL Recorded : 02/26/2009 at 11 : 51 : 09 AM Fee Amt : $40 . 00 Paae 1 of 6 Washington Countv . AR Bette Stamos Circuit Clerk File2009-00005725 ORDINANCE NO. 5216 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 08-3170, THE COVES AT WALNUT CROSSING PHASE III, LOCATED AT THE WESTERN EDGE OF THE CITY OF FAYETTEVILLE CITY LIMITS AND NORTH OF HIGHWAY 62; CONTAINING APPROXIMATELY 10.51 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 08-3170, The Coves at Walnut Crossing Phase III, 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; 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 a] I 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. „11111111IF;,, 'N,, PASSED and APPROVED this 3rd day of February, 2009. ;�e•G�TY OF° Lpcn; ° APPROVE ATTEST: ; FAYETTEVILLE: ems° 'ti By: By: - ".gd� �KANSPoJ� 0 ELD JO N, Mayor SONDRA E. SMITH, ity Clerk/Treasurer "''Jawmu�%4 EXHIBIT "A" RPZD08-317( pView Close Up View COVES @WALNUT XING PH . III SUBJECT PROPERTY It L :; AIeCY,TA 51 . .NBFATA S( . a ; Yj Ovemlew a a-: 2 e o. 'e- 0 75 150 300 0.50 600 Feet EXHIBIT `B" R-PZD 08-3170 A PART OF THE WEST HALF (W 1 /2) OF THE SOUTHWEST QUARTER (SW 1 /4) OF THE NORTHWEST QUARTER (NW 1 /4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24, T- 16-N, R-31 -W) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1 /2" REBAR MARKING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24, T- 16-N, R-31 -W), THENCE S 87017155 " E, 104.52 FEET; THENCE S 72° 17' 15 " E, 86.70 FEET; THENCE S 87° 17'55" E, 199.39 FEET; THENCE 76° 13'34" E, 79. 18 FEET; THENCE S 87° 17'55" E, 190.20 FEET; THENCE S 01053'47" W, 705 . 80 FEET; THENCE N 87°59'22" W, 411 .52 FEET; THENCE N 87°59'33" W, 149.74 FEET; THENCE S 89°51 '53 " W, 92.75 FEET; THENCE N 01 '54'57" E, 717. 17 FEET TO THE POINT OF BEGINNING CONTAINING 457,947.46 SQUARE FEET OR 10.513 ACRES . BASIS OF BEARINGS IS A SURVEY BY TONY ANDERSON (PLS 1272), JOB NUMBER 06- 12-02, DATED 9/12/07. CONDITIONS OF APPROVAL: R-PZD 08-3170 Page 1 of 3 Conditions of Approval for R-PZD 08-3170 (The Coves at Walnut Crossing Phase III) 1 . Planning Commission determination of street improvements. Staff recommends that a 5 ' sidewalk be constructed along Alberta Street. Said sidewalk shall connect to the existing sidewalk to the east and continue west to the City limits line. Sufficient greenspace shall be providedfrom•om the back of curb to meet the requirements of the Master Street Plan. 2. Planning Commission determination of a variance of minimum street design standards. The applicant requests a variance of the following: a. A variance of Chapter 166.08 (C)(4) Tangents. Staff is supportive of the requested variance, finding that adequate site distance will be provided between reverse curves given the large arc lengths and slow design speeds. b. The applicants are requesting a variance to allow for the construction of a roll-over curb in-lieu of the standard 6" curb design. The applicants have stated that a roll-over curb will eliminate the need for individual curb-cuts when driveways are poured and may reduce maintenance costs for the City. Staff finds in favor of the requested variance finding that the construction of a roll-over will not diminish the safety of the street. c. A variance of Chapter 166.08(E)( 1 )(c) from the maximum block length for a local street. The City's access management ordinance requires intersections on local streets every 800' . Green Valley Drive exceeds the maximum block length at a length of approximately 1, 240 ' as measured along the centerline ofthe street; however, stafffrnds that the variance is justified given that an additional street connection to the east or west is not possible since the property to the west is developed and the property to the east has been approved for development. 3 . The applicant shall dedicate right-of-way for all proposed streets and alleys as noted on the plats at the time of final plat approval. 4. All sidewalks shall be constructed or guaranteed prior to signing the final plat. Any sidewalks located outside of the right-of-way shall be constructed prior to final plat and shall be located within a pedestrian access easement. The sidewalk along Alberta Street shall be constructed and not guaranteed prior to signing the final plat. 5 . The project is subject to the phasing timeframe listed in the project booklet. This phase of construction is to include 38 lots, with all required permits necessary to begin construction to be obtained within two years from City Council approval of the Planned Zoning District. 6. Alley solid waste collection is conditioned on the applicant providing a 3 ' x 3 ' concrete pad adjacent to the alley for each home, and that each home have an address visible from the alley. Vehicles shall not be parked in the alley and the area around the trash pads shall remain clear. The Solid Waste Department reserves the right to discontinue alley service at any time should these conditions not be met. 7. Individual driveway widths shall be determined by Chapter 172. 11 (H). 8. All common property shall be unbuildable, unless otherwise approved in conformance with the requirements of Planning Area 11, and shall be owned and maintained by the Property Owners Association. CONDITIONS OF APPROVAL: R-PZD 08-3170 Page 2 of 3 9. Payment of $36.480.00 in-lieu of dedication of parkland shall be contributed by the developer prior to final plat. 10. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code for RSF-4 zoning districts, which includes the provision for an area sign as defined in Chapter 151 . 11 . As noted on the plat, a 30' multi-use trail easement shall be located within the existing 80' gas easement. The exact location of the trail easement shall be coordinated with the Trails Coordinator prior to final plat approval. The common property between Lots 10 and 11 shall also be included in a multi-use trail easement and dedicated by the final plat. 12. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. 13 . 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 building permit. All homes shall be designed with a "front fagade" facing onto adjacent public streets, when present. 14. 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. 15. The following revisions shall be made prior to construction plan approval : a. Booklet. Page 7 and 10. The timeframe to obtain final plat approval can be extended to up to 3-years if necessary. The timeframe should be based on the date PZD approval by the City Council, as this is how City Codes are adopted. The start of construction, currently referenced, may be difficult to determine by staff for future reference. b. Booklet. Page 11 . Include Lot 38 in the statement regarding perimeter treatment. These lot numbers should be updated to Lots 181 -186 and 218. c. Update the street table to note that the total alley right-of-way is 38.5 '. Urban Forester Conditions of Approval: 16. The developer will be required to replace (10) 2-inch large species caliper trees on-site as approved by the Urban Forester. A tree planting plan shall be submitted and approved by the Urban Forester. A Tree Mitigation Planting Plan will be filed with the final plat. 17. A 3-year bond, letter of credit, or check shall be required for all trees planted before signing the final plat. 18. Preserved tree canopy along the northern boundary of the property shall be placed within a Tree Preservation Area and deeded to the property owners at the time of final plat. 19. Street trees are required to be planted in conformance with Chapter 177. A 3-year maintenance and monitoring bond shall be provided prior to signing the final plat. CONDITIONS OF APPROVAL: R-PZD 08-3170 Page 3 of 3 Standard Conditions of Approval: 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 . Impact fees for water, sewer, police and fire shall be paid in accordance with City ordinance. 22. Signs indicating the future extension of right-of-way shall be posted at the end of all street stub- outs prior to signing the final plat. 23. 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. 24. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 25 . Street lights shall be installed adjacent to all public and private streets (not alleys), with a separation of no greater than 300 feet. 26. 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. 27. 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, notjust guaranteed, prior to the issuance of a Certificate of Occupancy. Washington County, AR I certify this instrument was filed on 02/26/2009 11 :51 :09 AM and recorded in Real Esta File Number 2009-00005 2 Bette Stamps - Circuit r4 by RECEIVED Arkma5 Demo= 71VOgizette FEB 1' 3 2009 ------- -- - - -— CITY OFFAYMFVILLE • ' • • CITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am 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 #5216 February 9, 2009 Publication Charge : $ 102.22 Signed: -------------- Subscribed and sworn to before me This // day of / , , „ „ , , 2009 . Notary Public My Commission Expires: Zola Do not pay from Affidavit, an invoice will be sent IARy W,Z.q p �n PUBS �;:: 'RECEIVED FEB 13 2009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ...: ORDINANCE NO. 3216 AN ORDINANCE ESTABLISHING A RESIDENTIAL ( PLANNED ZONING DISTRICT TITLED R-PZD 08- 3170. THE COVES AT WALNUT CROSSING PHASEaye eyj$e III, LOCATED ATTHE WESTERN EDGE OFTHE CITYOF FAYETTEVILLE CITY LIMITS AND NORTH OFHIGHWAY 62; CONTAINING APPROXIMATELY 10.51 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPT- ING THE ASSOCIATED MASTER DEVELOPMENT PLAN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAY97TEVILLEO ARKANSAS: Section 1: That the zone classification of the follpMng described property is hereby changed as follows: From R-A, Residential-Agricusural to R-PZD 083170, The Coves at Walnut Crossing Phase ill, as shown In Exhibit -A- and depicted in Exhiblt 'B' allched hereto and made a part hereof. Section 2: That the change in zoning classification Is based Upon the approved master development plan, devefopmmnt standards, slaternent of committnems and the conditions of approval as subrhit- led determined appropriate and approved by the City Council; further, that the Conditions of approval shall be filed and available for vievA g In the office of the City Clerk(Treesumr of the City of FayetteMlle. Section 3: That this ordinance shall take effect and be in NII farce at such 8me as as of the Mqubeo- rrems of the master develolynent plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby emended to reRect Me zoning change provided in Section 1 above. ++Y0 .t PASSED and APPROVED this 3rd day of February 2009. ` �! APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONORA B. SNIITNr City C10*fAmaaaarar EXHIBIT *B" R-PZD 08-3170 A PART OF THE WEST HALF (W 1/2) OF THE SOUTHWEST WARIER (SW 1/4) OF THE NORTH- WEST QUARTER (NW 1/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST (SEC 24, T- 16-N, R-31-W) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2' I REBAR MARKING THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF THE 1 NORTHWEST QUARTER INN 1/4) OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 3/ WEST (SEC 24, T-16-N, R31-W), THENCE S 87017'55' E. 104.52 FEET, THENCE S 72°77'151 E. 86.70 FEE-(; j THENCE S 87°1755' E. 199.39 FEET; THENCE N 76°13'34' E, 79.18 FEET; THENCE 587017'55' E, +I 190.20 FEET; THENCE S01&53-47- W, 705.80 FEET; THENCE N 87059'22' W. 411.52 FEET, THENCE N BP59'33' W, 149.74 FEET; THENCE S 89051'53' W. 92.75 FEET, THENCE N 01°54'57' E, 717.17 FEET TO THE POINT OF BEGINNING CONTAINING 457,947.46 SQUARE FEET OR 10.513 ACRES. BASIS OF BEARINGS IS'A SURVEY BY TONY ANDERSON (PLS 1272), JOB NUMBER 06-12-02, DATED 9112107. City of Fayetteville Staff Review Form d City Council Agenda Items and Contracts, Leases or Agreements PZJ� 44 2/3/2009 (illi �d5 City Council Meeting Date Agenda Items Only C Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 08-3170: Planned Zoning District (The Coves @ Walnut Crossing Ph III , 555): Submitted by Mike Anderson for property located at the western edge of the City of Fayetteville city limits and north of Highway 62 containing approximately 10.51 acres. The request is for zoning, land use, and development plan approval of a Residential Planned Zoning District with 38 single-family lots. n/a 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 n/a n/a n/a Project Number - Remaining Balance - Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a artment Direc ate Original Contract Date: n/a s � � Zo — LY1 Original Contract Number: n/a City At eppy p I� Date 0. . I�..S � 1 � uL 09 4ef and Internal Services Director Date Received in City Clerk's Office 7 taff Received in Mayors Office yor bate Comments: Revised January 15, 2009 City Council Meeting of February 03, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy C. Pate, Director of Current Planning Date: January 13, 2009 Subject: Residential Planned Zoning District for The Coves at Walnut Crossing Phase III (R-PZD 08-3170) RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for The Coves at Walnut Crossing Phase III, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a 38 lot residential single-family development on 10.51 acres. BACKGROUND The subject property is located north of 6a' Street (ffWY 62), adjacent to The Coves at Walnut Crossing Phase I and II and east of the Farmington City limits. The property contains approximately 10.50 acres and is undeveloped, with primarily agricultural pasture land. The request is for rezoning, land use and preliminary plat approval for a residential subdivision within an R-PZD zoning district on the subject property. Should the PZD be approved as proposed, it would result in immediate development approval of a preliminary plat with 38 single-family lots. DISCUSSION The Planning Commission voted 8-0-0 in favor of this request on January 12, 2009. Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 08-3170, THE COVES AT WALNUT CROSSING PHASE III, LOCATED AT THE WESTERN EDGE OF THE CITY OF FAYETTEVILLE CITY LIMITS AND NORTH OF HIGHWAY 62;. CONTAINING APPROXIMATELY 10.51 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 08-3170, The Coves at Walnut Crossing Phase III, 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; 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. Section 4: That the 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 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerkrFreasurer caw: rte ,• _ . , : , � I t 1 u P� 1 PA Y. 4f l Mro� .i r ; F s A�r a w f' 1 - I I II I