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Home My WebLink AboutOrdinance 5263 Doc ID : 013057130001 Type : REL Kind : ORDINANCE Recorded : 09/03/2009 at 02 : 23 : 10 PM Fee Amt : $15 . 00 Page 1 of 1 Maehington County . AR Bette Stamps Circuit Clerk File 2009-00028783 ORDINANCE NO. 5263 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 06- 1883, ABSHIER HEIGHTS, LOCATED AT THE NW CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE, CONTAINING APPROXIMATELY 4. 11 ACRES, TO REFLECT REVISED LOT WIDTH, LOT AREA AND INTERNAL SETBACK REQUIREMENTS AS DESCRIBED AND DEPICTED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That R-PZD 06- 1883 (Abshier Heights) as passed and approved by the City Council on April 4, 2006 with Ordinance No. 4850 is hereby amended to replace the lot area, lot width and setback criteria of the Planning Area as follows: Minimum Lot Area = 900 sq. ft. Minimum Lot Width = 20' Exterior Setbacks = 25 ' Front, 8 ' Side, 15 ' Rear Interior Setbacks = 0' Front, 0' Side, 0' Rear PASSED and APPROVED this 4t' day of August, 2009. APPROVED: ATTEST: 2 L N LD JO , Mayor SONbRX E. SMITH, City ler Treasurer o``�,0/TR \SY O • G �: ; FAYETTEVILLE ; 3 %mss °ypKANSP �� I City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/4/2009 City Council Meeting Date I Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: ADM 09-3366: (Abshier Heights Amendment #3) Submitted by H2 Engineering for property located at the NORTHWEST CORNER OF ABSHIER DR. AND HILLCREST AVE. The property is zoned R-PZD 06-1883 RESIDENTIAL PLANNED ZONING DISTRICT, ABSHIER HEIGHTS and contains approximately 4. 11 acres. The request is to create zoning criteria to allow the condominium units to be sold as townhouses. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached � •tv1 Previous Ordinance or Resolution # Deparm i irec Date (� Original Contract Date: 10 Ok Original Contract Number: -CIy Attorney Date �Pol oQ 7 - U - 200 Fina e and Internal Services Director Date Received in City Clerk's Office nrrc f Staff Date [Received in yor's Office j M or ate Comments: Revised January 15, 2009 i i City Council Meeting of August 4, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff �Q From: Jeremy C. Pate, Development Services Director U` Date: July 15, 2009 Subject: Abshier Heights PZD Modification #3 (ADM 09-3366) i RECOMMENDATION ' I Planning staff and the Planning Commission recommend approval of an ordinance amending the Abshier Heights Planned Zoning District to change the lot width and lot area requirements, so that the approved structures may be developed as townhouses and sold individually (see Exhibit "A" attached). BACKGROUND The subject property consists of approximately 4. 11 acres located at the northwest corner of Abshier Heights and Hillcrest Avenue. The Fayetteville City Council approved R-PZD 06- 1883 (Abshier Heights) on April 4, 2006 for zoning and development approval of a residential development with 24 dwellings in six buildings. Individual lots were not create for any of the buildings or dwelling units, since the development was proposed for condominium sales. The applicant requests a modification to the approved zoning criteria to create bulk and area requirements, so that the condominium units may be developed into townhouses and sold individually. The request does not materially alter density, number of dwelling units, greenspace, etc.; rather, it simply would permit the dwellings to be sold as separate units on separate lots. All of the zoning criteria approved with the original PZD will remain in place f including the maximum number of dwellings units. i DISCUSSION On July 13, 2009 the Planning Commission voted 8-0-0 to forward this request to the City Council with a recommendation for approval. BUDGETIMPACT None. i ORDINANCE NO. AN ORDINANCE. AMENDING A RESIDENTIAL PLANNED j ZONING DISTRICT ENTITLED R-PZD 06-1883, ABSHIER HEIGHTS, LOCATED AT THE NW CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE, CONTAINING APPROXIMATELY 4. 11 ACRES, TO REFLECT REVISED LOT WIDTH, LOT AREA AND INTERNAL SETBACK REQUIREMENTS AS DESCRIBED AND DEPICTED HEREIN. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That R-PZD 06- 1883 (Abshier Heights) as passed and approved by the City Council on April 4, 2006 with Ordinance No. 4850 is hereby amended to replace the lot area, lot width and setback criteria of the. Planning Area as follows: Minimum Lot Area = 900 sq. ft. Minimum Lot Width = 20' Exterior Setbacks = 25 ' Front, 8' Side, 15 ' Rear Interior Setbacks = 0' Front, 0' Side, 0' Rear PASSED and APPROVED this day of 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer �i it I I ii i i Comparison of the Proposed Master Development Plan to the Current Zoning District Requirements Original Zoning (C-2) Current & Proposed Zoning (R-PZD) Description Requirements Requirements ( NO MODIFICATIONS) Use Unit 1 - City-wide Uses by right Use Unit 1 - City-wide Uses by right Use Unit 4 - Cultural and recreational facilities Use Unit 9 - Two family dwellings Use Unit 12 - Offices, studios and related services Use Unit 26 - Multi-family dwellings Use Unit 13 - Eating Places Use Unit 14 - Hotel, motel, and amusement facilities Permitted Use Use Unit 15 - Neighborhood shopping goods Units Allowed Use Unit 16 - Shopping goods Use Unit 17 - Trades and services Use Unit 18 - Gasoline service stations 8 drive-in restaurants Use Unit 19 - Commercial recreation, small sites Use Unit 20 - Commercial recreation, large sites Use Unit 33 - Adult live entertainment club or bar Use Unit 34 - Liquor store Use Unit 2 - City-wide uses by cond. Use permit Use Unit 2 - City-wide uses by cond. use permit Use Unit 3 - Public protection and utility fac. Use Unit 24 - Home occupation Conditional Use Unit 21 - Warehousing and wholesale Uses Use Unit 28 - Center for collecting recyclable materials Use Unit 32 - Sexually oriented business Use Unit 35 - Outdoor music establishments Use Unit 36 - Wireless comm. facilities Original Zoning (C-2) ur a Zoningropose Zoning Description Requirements (R-PZD) Requirements R-PZD Requirements Exterior Setback - Front 50 Ft. 50 Ft. 25 Ft. Exterior Setback - Side None 8 Ft. 8 Ft. Exterior Setback - Rear 20 Ft. 15 Ft. 15 Ft. Interior Setback - Front 50 Ft. tilk "-R. Interior Setback - Side None 4-R. 0 Ft. Interior Setback - Rear 20 Ft. Iaf0 F Maximum Height 75 Ft. 35 Ft. 35 Ft. Density - Units per Acre RMF-24 24 unitslac) 5.8 ax 5. x Lot Area (minimum) N/A a /A 00 sf Lot Width minimum N/A N/ 20 Land Area per Dwelling Unit N/A A 0. 13 ac I Note: Exterior setbacks are measured from the boundary of the PZD property, as originally approved. Interior setbacks are associated with the individual townhome lots (Lots 1 -24), allowing common wall development. I I .1 '. q , t ' ;'. . 1V I 1 4 1 1, PC Meeting of July 13 , 2009 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St, Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: r"l)� T,=00q Updated July 16, 2009 ADM 09-3366: (ABSHIER HEIGHTS, 407) : Submitted by H2 ENGINEERING, INC. for property located at THE NORTHWEST CORNER OF ABSHIER DR. AND HILLCREST AVE. The property is zoned R-PZD 06- 1883 RESIDENTIAL-PLANNED ZONING DISTRICT, ABSHIER HEIGHTS and contains approximately 4. 11 acres. The request is to create zoning criteria to allow the condominium units to be sold as townhouses. No additional units are proposed. Planner: JESSE. FUI,CHER BACKGROUND Property Description and Background: The subject property consists of approximately 4. 11 acres located at the northwest corner of Abshier Drive and Hillcrest Avenue. The Fayetteville City Council approved R-PZD 06- 1883 (Abshier Heights) on April 4, 2006 for zoning and development approval of a residential development with 24 dwelling in six buildings. Individual lots were not created for any of the buildings or dwelling units, since the development was proposed for condominium sales. Proposal: The applicant requests a modification to the approved zoning criteria to create bulk and area requirements, so that the condominium units may be developed as townhouses and sold individually (see Table 1 ). The request does not materially alter density, number of dwelling units, greenspace, ctc.; rather, it simply would permit the dwellings to be sold as separate units on separate lots. Approval of a concurrent plat by the Planning Commission will be required if the requested modifications are approved. All of the zoning criteria approved with the original PZD will remain in place including the maximum number of dwelling units. A copy of the revised zoning criteria and plat are included with this report. I l Table 1 Existing Requested Minimum Lot Area = N/A Minimum Lot Area = 900 sq. R. Minimum Lot Width = N/A Minimum Lot Width = 20' "Exterior Setbacks = 25' Front, 8' Side, 15' Rear *Exterior Setbacks = 25' Front, 8' Side, 15' Rear "Interior Setbacks = 0' Front, 0' Side, 0' Rear 'Exterior setbacks are measured from the boundary of PZD property, as originally approved. •• Interior setbacks are for the individual townhome lots (Lots 1-24), allowing common wall development. J K.IReporis120091PC Repai isll6Juty 1314DM 09-3366 (Abshier Heights PZD Modification).doe RECOMMENDATION The original zoning standards for this development were created based on a condominium arrangement, where certain bulk and area requirements weren't necessary to create. However, in order for these same dwellings to be sold as townhomes, these basic bulk and area requirements must be created and/or amended. Creating lot area and lot width requirements will allow the applicant to create lots for each of the 24-units original approved, and reducing the building setbacks to 0' will allow for common walls between the units in each building. Approval of the modification will not permit any additional units to be created within the development as the maximum density is established to allow only 24 units. Staff recommends that the request be forwarded to the City Council with a recommendation for approval, finding that the requested modification will not alter the character or nature of the development subject to the following conditions: 1. Subdivision approval by Planning Commission shall be required to be approved and recorded. I Planning Commission Action: Forwarded O Tabled Cl Denied i Motion: Cabe Second: Winston Vote: 7-0-0 Meeting Date: July 13, 2009 I it I i I K. IReports120091PC ReportsII6-July I3UDM09-3366 (Abshier Heighis PZD Modifrcafion).doc i < H12 @N1311NEMINm, INO. July 6, 2009 City of Fayetteville Planning Division 113 West Mountain Street Fayetteville, AR 72701 RE: ABSHIER HEIGHTS - R-PZD 06-1883 REQUEST FOR MAJOR MODIFICATION To Whom It May Concern: i Please accept this correspondence as an official request for a major modification for the approved zoning district R-PZD 06- 1883 (Abshier Heights). This proposed modification reflects individual lots for each residential property and common properties. This request is the result of limited financing options for buyers of condominium properties. This modification will not change the original use or design of any structures. This request has no impact on tree preservation or increase in stormwater runoff. We are simply trying to associate a property boundary with each residential unit. Thank you for your consideration in this matter. Respectfully,,) Kipp Hearne, P.E. it I� i I i 2827 Millennium Drive Suite 2 Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254 RECEIVED .A,rhmas Democrat 700azeW AUG 212009 • MMEZ�Ml CITY OF FAYETTEVFICE ILLE Northwest Arkansas Times CITY CLERKS OF 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 5263 August 13, 2009 Publication Charge : $ 75. 32 Signed: ---C?G - vvk& ---- Subscribed and sworn to before me This /9 day of2009 . Notary Public My Commission Expires : `�'yf a Do not pay from Affidavit, an invoice will be sent ��MM.•JLj A w ® rn PUOL��' RECEIVED AUG 2 .1 2009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5283 AN ORDINANCE AMENDING A RESIDENTIAL "ov ��PLANNED ZONING DISTflICT ENTITLrED R-PZD O6- i '1883, ABSHIER HEIGHTS, LOCATED•AT THE NW YCORNER OF ABSHIER DRIVE AND- HILLCREST AVENUE, CONTAINING ! APPROXIMATELY ';4.11 ' "p RKAN SAS ACRES, TO REFLECT REVISED LOT WIDTH, LOT AREA AND INTERNAL SETBACK REOUrIREMENTS AS DESCRIBED AND DEPICTEDHEREIN. BE IT ORDAINED EvTNz CRY COUNCIL OF THE CITY OF FAYETTEVILLE, ARRANSASt ;atllpaL That R-PZD 0&1883 (AbsNer Heights) as passed and approved by tfte City Council on April 4, 2006 with Ordin urce No. 4850 is hereby amended to replace the lot area, lot mom and setback criteria of,the Planning Area as fdib«s: Minimum Lot Area MiJjIguln Lot Width = 2Y Exterip{SaftkfibT�`a = 25' Front B' Side, 15' Peer Interior Setbacks.' 0' Front, 0' Side, 0' Rear PASSED antl APP110VED this 4th day of August, 2009. APPROVED: ATTEST: LIOHELD JORDAN, Mayor WHOM E. EMITN, City Clerk/Treasurer l - ADM09-3366 ABSHIER HEIGHTS Close Up View SUBJECT PROPERTY r p nano I RW4 1 nano i Ca RVA aar. Overview U ]s Iso 300 450 600 Feet ADM09-3366 ABSHIER HEIGHTS One Mile View C.2 .I 0-2 "RW40REFJIRS PSF Fd CPZD P I CPZD RSFJ . 9 sFJ RSFJ RSFJ RSFJ C-Z G3 W4 PSiJ RSFJ GZ RSF RSFJ Mf.2° RO RSFJ RSFJ RSFJ W4 RSN qyJ RW-24R-0 RSFJ d RSfd RSFJ W4WF-24RSFJ RSFJ CZ RSFJ SFFJ R5F4 11 RSFJ R_ 0.$Fd R1FJ0 R 41 LI Ci RW-24VA R�°0 '24 R5F4 RSFJ fl$FA RSFJ RI.i-N I RO RSFJ SFa 1.1 1-1 R 4W4 RSFa pSFd RI 3F ayd ""`"'<ggzoRPm -I SUBJECT PROPERTY _ R "S` J RP P11 Ry py I.Ic2zu RI.F.2 , - 1 DJ J RSFJ RST#RO w`y RSfd RSi! RSFJ MP.N C-Z Rf-M ' RSFJ RA ftSFd RLFJO RSGA pBFJ R4 pgJ ° RLF 21 R9 J P1FJ0 g9FJ RW4,1 G 1 .N 5._. W4 W4 P-I RSfA RW 24 PW AW RSFJ ?t PSFJ YF JOki WF-2 RAfdJ RW-24 pSGJ RMF-2 RSFJ RSF2 ZLR -24 Nf RSFJ RSFJ RSFJ :RY 1 RSFJ q� RSi RNFJO JR a •" . . p0 1.1PLF-34 RSFd RSFJ RSFJ RO R PSF� LF RSFJ R RO RSFJ RSJ O . ....... :... PMJD L � 1Yf-M�3° RSF.1 R RO .i PS J RO RAF.2° RSFJ Ry J C. RSFJ RSFJ RAFJD .1RSFJ RSFJ W4 W4g FJ RLFJ RSFJ RSFJ RSFJ R R$Fd P9F4 o5F4 FI1l40 RSFJ RSia Fy-pySaF� -b REFJORLF-N kW 24 q fit RYa RSd RSFJ RSFJ RAFM P'1 no R-0 RSFJ _.. . �R PLfJORl-F-2°RSFJ PNF.21 Ro RSFJ RSFJ RSFJ Ra'" I�� tllyF� QSFJ PSF! RSFa RSFIRSFJRAK2F U3 RI A`F'M JO G2 PSF! RSFa RSFJ RAF-JO RLF40RLR30 RFM4 RSFJ RSF-0RSF4 Cit (VA W4 RL}- C W4RyJ RSFJ RSFJ p$FJ J 31W __ _' RSFJ NLFJ . RS 4 RSFJ RSFJ RSFJRLF-N 41 P'1 RAF-0PAFd 0.1 M� RSfa RPZD PFJ J RSFJRSFJ R F��q�j4 F-0 RSFJ R$J RU 0 AOC RAF¢J AI , RSF a Overview Legend • FFA F Subject Property 1 � - ¢til F a■ I� F ® ADMO93366 Nn ❑ 11 �a F Boundary V ; " 0 0 . 25 0 . 5 1 Miles