HomeMy WebLinkAboutOrdinance 5220 r III IIII IIIIII III VIII I III VIII VIII VIII VIII VIII VIII VIII VIII VIII II I III I� Doc I0 : 012742990010 Tvoe : REL Recorded : 03/06/2009 at 11 : 31 : 59 AM Fee Amt : $60 . 00 Paae 1 of 10 Mashlnoton Countv . AR Bette Stamps Clrcult Clerk F11e2009-00006645 ORDINANCE NO. 5220 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 06-2170, VILLAS AT STONEBRIDGE, LOCATED SOUTH OF HIGHWAY 16 EAST AND EAST OF GOFF FARM ROAD; CONTAINING APPROXIMATELY 53 .03 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 06-2170 Villas at Stonebridge 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 17`h day of February, 2009. APPROV D: ATTEST = ; FAYETTEVILLE ; ? By: By: /1 9s'• RKAtis .•J b LIONELD J AN, Mayor SO URA E. SMITH, City Clerk/Treasurei'o;,yGT01A „�`O� uumov' EXHIBIT eeAe' RPZD06-217 VILLAS AT STONEBRIDGE Close Up view SUBJECT PROPERTY Ta\ � 0 tj o ❑ o cl a i �a Q° ynntl Overview aeaxv aslecl — FLOODWAY SW YEM — IWYEM --- UNIT OF STUDY BesNiia ProFle O Fayetteville f"_1 0 e CeY w tmG Fodonnt 2004 wWH Ito O.eney p trot 0 225 Oso 900 1.750 1.800 Feet EXHIBIT `B" R-PZD 06-2170 A PART OF SECTION 24, AND A PART OF SECTION 25 ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF NORTHEAST QUARTER OF SECTION 25 AND RUNNING THENCE N 87001116" W 987.33 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID CENTERLINE N 03003'00" E 600.87 FEET; THENCE LEAVING SAID ROAD CENTERLINE S 87001 ' 16" E 52.27 FEET; THENCE S 56°35'20" E 339.81 FEET; THENCE S 81 °27'33" E 631 .08 FEET; THENCE S33°49'31 " E 271 .57 FEET; N 88015'23 " E 161 .27 FEET; THENCE S 42' 11 '39" E 488.91 FEET; THENCE S 04°36'52" E 928. 17 FEET; THENCE S 15°59'30" W 713.53 FEET; THENCE S 70037'32" W 185 .48 FEET; THENCE S 32°39'52" W 467.30 FEET; THENCE S 46059'22" W 162.84 FEET; THENCE S 16°02'22" W 109.30 FEET; THENCE S02°33'46" W 105 .25 FEET; THENCE S 38°49'44" E 79.65 FEET; THENCE S 16° 12'04"E 74.82 FEET; THENCE N 86055'06" W 339.76 FEET TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD; THENCE ALONG SAID ROAD CENTERLINE N 49°07'24" W 36.69 FEET; THENCE N 60° 12'41 " W 100.88 FEET; THENCE N 77°29'04" W 137. 15 FEET; THENCE LEAVING SAID CENTERLINE S 86055'06" E 456.61 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25 ; THENCE N 02033'46" E ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, 407.00 FEET; THENCE N 87026' 15" W 213 .99 FEET; THENCE N 02°33'46" E 1276.27 FEET; THENCE S 73050'46" W 819.41 FEET TO A POINT IN THE COUNTY ROAD; THENCE NO2033'46" E 42.23 FEET; THENCE N 73050'46" E 1045.35 FEET; THENCE NO2°33'46" E 843 .38 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 53 .03 ACRES MORE OR LESS. SUBJECT TO AND EASEMENTS AND OR RIGHT OF WAYS OF RECORD CONDITIONS OF APPROVAL: R-PZD 06-2170 Page 1 of 7 Conditions of Approval Adopted by the City Council: Streets and Right-of-Wav 1 . Determination of street improvements. Based on the condition of the immediate surrounding street system, the status of the intersection of Huntsville Road and Stonebridge Road and the impact of the amount of traffic generated by 45,000 square feet of non-residential space and 350 dwelling units from this project, the following street improvements shall be the responsibility of the developer: a. Prior to final plat of Phase I, the applicant shall construct a traffic signal at the Stonebridge Road and Huntsville Road intersection to City standards. Should the AHTD not approve the traffic signal installation, the applicant shall contribute an assessment in the amount of $ 125,000 for the full cost of the signal prior to recording a final plat for Phase 1. b. Prior to final plat of Phase 1, the applicant shall construct a 3-lane street section for Dead Horse Mountain Road along the project frontage, including pavement, curb and gutter, storm drainage, a 5 ' sidewalk and street lights at each intersection and with a maximum spacing of 300' . c. Prior to final plat of Phase III, the applicant shall overlay and widen Dead Horse Road from the north property line to the south property line (including the road frontage between), to a minimum width of 24' of pavement with shoulders, pursuant to City engineering criteria. This results in a total of 143 lots constructed before improvements are made to Dead Horse Mountain Road. d. The applicant shall contribute an assessment for the replacement of the Dead Horse Mountain Road bridge on a lot by lot basis, based on the most recent bridge cost estimate and the percentage of traffic to cross the bridge. The current estimated total for the entire development is $216,000.00. Fees for Phase I, due prior to recording of a final plat, equal $55,525 for 91 single family lots. Staff recommends that once the bridge is fully constructed (anticipated in 2009-2010) no further fees shall be contributed by this development. To clarify staff's recommendation, based on the phasing plan presented, it is likely this development will not contribute any fees to the bridge replacement, based on current replacement schedules. e. Prior to final plat of Phase 1, if the Falling Waters entry road has not been constructed to provide access to this property, the developer of the Villas shall be responsible for securing all agreements, dedication of public right-of-way, and coordination to construct the public street entrance as approved with Falling Waters PZD to provide the necessary second point of ingress/egress. 2. Determination of a waiver of minimum street design standards: a. The applicant requests a variance to allow a 20' curb return radius (CRR) at all interior street intersections and alleys when City Code requires a 30' CRR for minor streets (UDC Section I71 .02(C)). Engineering staff has reviewed this request and is in favor of the CRR variance request,finding that adverse impacts to traffic and pedestrian safety would not occur. The City Council found in favor ofstafl s recommendation. b. The applicant requests variances to allow different street cross sections than required by the current Master Street Plan standard (UDC Section 166.06 (k)(10)(a) and 166.08(C)(14)). The applicant proposes the following: CONDITIONS OF APPROVAL: R-PZD 06-2170 Page 2 of 7 1. (Street Sections 1 , 2, 3, 6 and 7) Request to provide 7' of greenspace between the back of curb and sidewalk where 6' is required. Staff does not support this request, finding that the additional I ' of greenspace does not significantly increase aesthetics, pedestrian safety, or area for tree growth, to a degree at which the City 's street standards that were adopted in an effort to standardize street sections should be altered. The City Council found in favor of staff's recommendation. ii. (Street Section 3 and 6) Request to allow an urban streetscape design with an 8' sidewalk on one side and a standard 5 ' sidewalk on the other side. Staffsupports the requested variance based on the location adjacent to a dense multi family development and single-family residences, respectively, with the condition that the greenspace along the single family section be reduced from 7 feet to 6 feet (see above) to provide for both sides of the street cross-section in compliance with its respective cross-section. The City Council found in favor of staff's recommendation. iii. (Street Section 7) Request to allow alternative street section (two-ten foot travel lanes with on-street parking on both sides of street). Staffsupports the requested variance,finding that the proposed street section provides additional parking for the multi family units and clubhouse along this section of street. The street section combines aspects of several approved street sections, including standard travel lane, parking and sidewalk widths. As noted in the above variance request (i), staff is recommending that the greenspace be reduced to 6 '. The City Council found in favor ofstaffs recommendation. iv. (Street Section 5) Request to allow street cross section not permitted (one-lane blvd). Staffsupports the construction of a median in Street Section 5. The Fire Department has reviewed and approved the street design with the designatedfrre pull-off lanes, which is consistent with a cross-section staff proposed to the Planning Commission during review ofthe Master Street Plan amendments, but removed at the request ofthe Fire Department. Staffrecommends in favor ofthe request, finding that the public welfare will not be negatively affected by the requested road section. The City Council found in favor of staff's recommendation. v. (Street Section 1 ) Request to construct a 5' sidewalk on only one side of the street, south of the southern roundabout. Based on Page 15 of the plats, it appears that construction of a 5 ' sidewalk on both sides of the street is feasible and provides sufficient room for utility easements. Although, a variance to allow the sidewalks adjacent to the back of curb appear to be necessary. Staff recommends in favor of a variance to allow sidewalk construction adjacent to the street as shown on the plats, but does not recommend in favor of allowing sidewalk construction on only one side of the street. The City Council found in favor of staff's recommendation. 3 . Determination of zoning criteria: building area. In all of the residential planning areas, the applicant is proposing a high intensity of building area (the area on a lot occupied by buildings), CONDITIONS OF APPROVAL: R-PZD 06-2170 Page 3 of 7 much more intense than is permitted within any other residential districts within the City. These range, as proposed, from 65-95%, which leaves very little unoccupied greenspace. Staff recommends these buildable area maximum levels be reduced, finding the proposal to be inconsistent for the proposed development pattern, as follows: a. Page 4. PA- 1 , Reduce maximum building area from 65% to 50%. b. Page 5. PA-2, Reduce maximum building area from 70% to 60%. c. Page 6. PA-3, Reduce maximum building area from 85% to 75%. d. Page 7. PA-4, Reduce maximum building area from 95% to 75%. The City Council found in favor ofstaff s recommendation 4. Determination of a waiver to allow Accessory Dwelling Units (ADU's) on lots with less than 5,000 sq. ft. of lot area. Staff does not recommend in favor of this request, finding that the minimum lot size requirements were discussed at length with input provided from the public, Planning Commission and City Council, and at this time there are no reasons to deviate from the minimum adopted standards. As discussed at the Planning Commission and City Council, this ordinance requirement can not be waived. 5 . Determination of Planning Area 6. As previously proposed, PA-6 was designed to provide limited commercial services; however, since the previous review by the Planning Commission, this area has been removed and is proposed to remain as Residential Agricultural zoning district, but with an R-PZD designation. Stafffinds that if the project is approved, the ability to provide commercial services for area residents is appropriate and should be incorporated into the project. These services, once developed, could lead to decreased vehicle trips on the surrounding street system and provide employment opportunities for area residents. Staff recommends that the limited commercial uses be incorporated into Planning Area 6 as previously reviewed. The City Council found in favor ofstaff's recommendation. 6. All private drives and alleys and any sidewalks outside the right-of-way shall be included in a shared access easement. This access easement shall be included on the easement plat and/or final plat prior to recordation. 7. Right-of-way dedication. 42.5 ' from centerline along Dead Horse Mountain Road shall be dedicated with Phase 1 of the project; variable right-of-way dedication along the internal streets as depicted on the site plan by easement and/or final plat; private alleys and streets shall be located within an access easement, owned and maintained by the property owner's association, and dedicated by easement and/or final plat, as applicable. 8. A minimum of 20' clear of any structure (fence, building, wall, etc.) shall be provided along all alleys utilizing residential trash service to provided adequate room for a trash truck and arm to pick up residential trash carts. 9. Signs indicating future street extension shall be installed at all street stub-outs prior to recording a final plat for the subject phase. 10. Construction of nonresidential facilities. The developer shall guarantee to the City completion of nonresidential facilities (Club House) in the amount no less than 150% of the estimate cost of said facilities, pursuant to the Unified Development Code PZD requirements. Said guarantee shall be provided to the City prior to final plat approval of Phase 1. CONDITIONS OF APPROVAL: R-PZD 06-2170 Page 4 of 7 General 11 . 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. 12. A final plat shall be required to subdivide the property, with Phase I of the project. A preliminary and final plat approval is required prior to development of any additional single family portions of this project. A large scale development is required for any nonresidential and/or multi-family development. Development shall be subject to the regulations in place at the time of review and approval, including grading, drainage, tree preservation, landscaping, residential design standards, etc., unless varied herein. 13. Buildings shall be constructed to be consistent with the concepts depicted in the building elevations in the PZD booklet. All buildings shall be designed and constructed to front onto public rights-of-way. All non-residential buildings or mixed use buildings shall adhere to Commercial Design Standards. All multi-family buildings shall adhere to Urban Residential Design Standards. 14. Signs shall be permitted in accordance with those standards outlined within the project booklet for each Planning Area. 15. The owner of the adjacent land, which contains several of the detention facilities, may be required to sign the final plat for each phase of the development. Additionally documentation may be requested by staff to ensure full compliance with all applicable regulations, for Phase 1 and future phases that direct stormwater to the off-site retention ponds. 16. The storm sewer discharge point at Lots 65 and 66 shall be evaluated at the time of construction submittal. Off-site drainage improvements may be required. 17. Any nonresidential uses in Planning Area 5 shall be contained within the club house building and not constructed as stand alone businesses. Phasine 18. This project is required to obtain all construction and building permits and complete construction of each phase in accordance with the phasing table listed below. A one-year extension may be approved by the Planning Commission for each phase, subject to the criteria in UDC Chapter 166 for extensions. Phase No. All Permits obtained (years) from CC approval Timeframe for Construction (years) Phase 1 : 2-year to obtain all required permits 3-years from issuance of permit to complete phase* Phase 2: 3-year to obtain all required permits 4-years from issuance of permit to complete phase Phase 3: 4-year to obtain all required permits 5-years from issuance of permit to complete phase Phase 4: 5-year to obtain all required permits 6-years from issuance of permit to complete phase Phase 5: 6-year to obtain all required permits 7-years from issuance of permit to complete phase * Single family lots are required to obtain final plat approval by the completion dates; all single family homes are not required to be actually constructed. CONDITIONS OF APPROVAL: R-PZD 06-2170 Page 5 of 7 Parks/Trails: 19. The applicant shall contribute money in-lieu for Phase I and provide a deed for the two-acre park prior to filing the final plat for Phase I. All other fees shall be due prior to final plat approval for single-family lots and prior to building permit issuance for other units. 20. Grading for St. Paul Trail within the abandoned railroad corridor shall be completed by the developer to accommodate the 12' trail, including all drainage structures situated to allow for construction. This land shall be dedicated as a public access easement with Phase III (or sooner) of the development. 21 . A future trail corridor is also planned through lot 196 adjacent to the golf course. This will allow St. Paul trail to extend through the golf course to meet Eagle Park. The trail will be on-street through the development. The entirety of lot 196 shall be within a public access easement, dedicated at the time of final plat of phase I. Landscape and Tree Preservation Plan Conditions 22. Mitigation will be required on the site. The applicant shall mitigate for the removal of 35,283 SF of tree canopy in Phase I with on-site mitigation to consist of a minimum of(122) 2-inch caliper trees. If all trees cannot be planted on-site, the balance shall be contributed into the Tree Fund, as determined by the Urban Forester. Mitigation trees cannot be located within utility easements or street ROW. Please submit a tree mitigation form for approval. 23. All mitigation trees must be planted prior to the issuance of a final certificate of occupancy. These trees cannot be located within any utility easement or street ROW. A 3-year bond, letter of credit, or check in the amount of$30,500 shall be deposited with the City of Fayetteville before issuance of a certificate of occupancy. All mitigation trees shall be located on a site owned by the applicant. 24. Each lot not reviewed for development approval at this time will be evaluated at the time of development. A minimum canopy cover of at least 25% will be required for the PZD zoning. Additionally, all applicable landscape requirements shall be met at the time of future development for each lot. 25. Before construction plan approval, the landscape plan must be stamped by a licensed landscape architect with the state of Arkansas. 26. Under Landscape Regulations Chapter 177, street trees must be bonded for a 3 year period. This bond is for the maintenance of the trees. This amount must be deposited with the City before issuance of a final certificate of occupancy. 27. Street trees are required to be planted every 30', except for single-family lots where one tree is required per lot. 28. Prior to signing the final plat, a written description of the method(s) and time frame the project will utilize to track development of each single-family lot to ensure the required trees are planted and their longevity of health assured, shall be submitted. CONDITIONS OF APPROVAL: R-PZD 06-2170 Page 6 of 7 Plat and Booklet Revisions 29. The following revisions shall be completed prior to staff forwarding this item : a. Page 2. All phases of the development that will be constructed as large scale development should have two time frames; one to obtain construction permits and one to receive final inspection approval. If a phase contains both types of construction, then there should be a time frame to obtain permits, a time frame to obtain final plat approval and a time frame to obtain final inspection approval. Change each phasing statement to read as follows: i. Phase IV: All permits necessary to complete construction shall be obtained within "x" years from the date of City Council approval of the Planned Zoning District. Final inspection shall be obtained within "x" years from the date of City Council approval of the PZD. ii. Phase V: All permits necessary to complete construction shall be obtained within "x" years from the date of City Council approval of the Planned Zoning District. Final inspection shall be obtained within "x" years from the date of City Council approval of the PZD. Standard Conditions of Approval 30. 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). 31 . Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. Elevations shall be submitted to Planning staff for review and approval prior to building permit. 32. All mechanical and utility equipment located on the wall and/or on the ground shall be screened. All roof-mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting buildings. Mechanical and utility equipment over 30 inches in height shall meet building setbacks. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. Add this note to the site plan and all construction documents. 33. 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. 34. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 35 . Impact fees for police, fire, water, and sewer shall be paid in accordance with City Ordinance. 36. 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 CONDITIONS OF APPROVAL: R-PZD 06-2170 Page 7 of 7 Staff prior to building permit. Only single-family and two-family structures are exempt from the lighting ordinance. Street lights, townhouses, condominiums, live/work units are subject to compliance with the lighting ordinance. 37. 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. b. Final plat for this project that shall include all easements and the tree preservation area. C. Project Disk with all final revisions d. 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. Washington County, AR I certify this instrument was filed on 03/06/2009 11 :31 :59 AM and recorded in Real E e File Number 2009-000 81.5 Bette Sll tamps - Circ i le by ord Sao RECEIVED OCT 012008 06 x i l CITY OF FAYETTEVILLELCErDESIGN CITY CLERKS OFFICENTRE FOR LANDSCAPE ARCHITECTURE I PLANNING I CIYIT ENSINURINC September 30, 2008 Jeremy Pate Director of Current Planning City of Fayetteville 125 West ;Mountain Street Fayetteville, Arkansas 72701 Re: Villas at Stonebridge - Appeal of Planning Commission denial Mr. Pate: On behalf of our client, we wish to appeal the September 22, 2008 City of Fayetteville Planning Commissions decision to deny R-PZD 06-2170. We request that this item be place on the December 02, 2008 City Council meeting. Respectfully, Todd Jacobs Director of Design Appian Centre for Design 217 East Dickson Street, Suite 104 Fayetteville, Arkansas 72701 Office: 479-442-1444 iCPi+��- O►� Ywtd as ll'i City Council Meeting of December 02, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations � p From: Jeremy C. Pate, Director of Current Planningg Date: November 13, 2008 Subject: Appeal for The Villas at Stonebridge Residential Planned Zoning District (R-PZD 06-2170) RECOMMENDATION Staff and the Planning Commission recommends denial of an ordinance to create a Residential Planned Zoning District for The Villas at Stonebridge (R-PZD 06-2170) as proposed in its current form. Staff finds the rezoning and land use proposal is inconsistent with the adopted goals and policies of City Plan 2025, due to the density, land use incompatibilities and relatively isolated development proposal in an area that is under-served by infrastructure to a level that is acceptable for neighborhoods at such a density. If this ordinance is approved, the action would establish a unique zoning district for a multiple-use project with a maximum of 350 dwelling units (166 single family and 184 multi- family) and approximately 45,000 square feet of nonresidential space (live-work and clubhouse) on a 53 .03-acre tract. The density proposed over the site is 6.60 units per acre. The Planning Commission voted to deny the application; the applicant has appealed the Planning Commission decision to the City Council in the time period required by ordinance. BACKGROUND The subject property contains approximately 53 acres located east of Dead Horse Mountain Road approximately 1/3 mile south of Goff Farm Road, and adjacent to Stonebridge Meadows Golf Course. Additional land on the golf course (approximately 4 acres) is being utilized for stormwater retention, but is not included in the PZD proposal. The site was annexed into the City of Fayetteville in April 2005, is primarily zoned R-A, and is currently undeveloped rural land. Zoning of the property was not pursued at the time of annexation. Property directly to the west and south is partially within the County, and consists of rural residential land owned by four separate property owners. Property to the east and north is under common ownership, and is utilized for the Stonebridge Meadows Golf Course, which was developed prior to its annexation into the City. While the golf course offers "greenspace" to users that golf, it is not considered public open space to be used for all citizens and multiple forms of recreation. To the far south, the property adjoins Falling Waters PZD, a 255-lot single family residential subdivision on 137 acres (density of 1 .8 units per acre) approved in 2005, which incorporates tree preservation and hillside development best management practices. The request is for rezoning, land use and partial development approval for a Master Development Plan of a Residential Planned Zoning District. Should the PZD be approved as proposed, it would result in immediate development approval of a preliminary plat with 91