HomeMy WebLinkAboutOrdinance 5264 KIM MNDoc ID : 013057140001 Type : REL Recorded 10910312009 at 02 : 23 : 37 pry Fee Amt : $15 . 00 pane 1 G1 1 Bette Stamoon soClrcultRClerk Flle2009-00028784 ORDINANCE NO. 5264 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 08-2965, AMBERWOOD, LOCATED SOUTH AND EAST OF DOUBLE SPRINGS ROAD AND DOT TIPTON ROAD, CONTAINING APPROXIMATELY 40 ACRES, TO REFLECT REVISED ALIGNMENT OF PRIVATE DRIVE NUMBER 8, REVISED PLANNING AREA BOUNDARIES, AND A MODIFIED REAR BUILDING SETBACK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the change in alignment of Private Drive 8 and resulting change in planning area boundaries to shift Private Drive 8 to the front of the lots on the north side of Amberwood Park, is hereby approved and reflected in the Planned Zoning District approval zoning criteria for R-PZD 08-2965 (Amberwood). Section 2. That the change to modify the rear building setback to allow for accessory structures with a zero-foot setback adjacent to common greenspace and a five-foot setback adjacent to perimeter subdivision property lines, is hereby approved and reflected in the Planned Zoning District approval zoning criteria for R-PZD 08-2965 (Amberwood). Section 3. That the approvals and conditions for R-PZD 08-2965 (Amberwood) as passed and approved by the City Council on April 7, 2009 with Ordinance No. 5230 shall be modified with the revisions to the Master Development Plan and project booklet as described and depicted herein. Section 4. 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 5. 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. ,%IIM fillip,,, PASSED and APPROVED this 4'h day of August, 2009. �FRTRS�''. ;�� ,• G\TY 0,6 . G� .; V : • -;at APPROVED: ATTEST: ; FAYETTEVILLE ; ` F ye, .9�,kANSPy j�'I ' ON L NELD JORD 9Aayor SO[NLTRA E. SMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/4/2009 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: ADM 09-3386: (Amberwood R-PZD Amendment No. 1 ) Submitted by Justin Jorgensen for property located south and east of Double Springs Road and Dot Tipton Road, containing approximately 39.98 acres, to reflect revised alignment of Private Drive Number 8, revised Planning Area Boundaries, and a modified rear building setback. 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 00 -ell Previous Ordinance or Resolution # Depa t ire r Date w,14k ox " 4u p�ucr " Original Contract Date: -? - U —O( Original Contract Number: City Attorney' � 1 Date T,A Q - 20 - 10S Ey Finance and Internal Services Director Date Received in City Clerk's Office 7-�o tt9 Chgor off Date Received in !M/TFRE / Mayor's Office az v Ma Date Comments: Revised January 15. 2009 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 �p From : Jeremy Pate, Development Services Director O� Date: July 16, 2009 Subject: Amberwood Residential Planned Zoning District Amendment No. 1 (ADM 09-3386) RECOMMENDATION Planning Staff recommends approval of an ordinance amending the Amberwood Planned Zoning District to allow for the revised alignment of Private Drive Number 8, revised Planning Area Boundaries, and a modified rear building setback. BACKGROUND The approved PZD for Amberwood (R-PZD 08-2965) is a residential development on 39.98 acres located southeast of the intersection of Double Springs/Dot Tipton Roads. The City Council approved this PZD on April 7, 2009 for zoning and land use approval only. The preliminary plat (PPL 09-3316) for development on the site was approved by the Planning Commission on July 13 , 2009. As part of the detailed design and review of the preliminary plat the applicant modified the location of Private Drive No. 8 from the rear to the front of the lots along the northern side of Amberwood Park. This change modified the boundaries and lot lines of several of the lots in this area and shifted the Planning Area boundaries slightly, although the overall greenspace in the subdivision is still 46.25% of the site, compared to 46.65% as approved with the PZD. In addition, in reviewing the development details the applicant realized that the rear building setback originally proposed with the PZD did not take into account detached garages. Therefore the setback is proposed to be modified to allow for detached garages to be constructed with a zero-foot setback when adjacent to common greenspace and a five-foot setback when adjacent to the perimeter property line of the subdivision. The applicant proposes minor modifications to the Master Development Plan and zoning criteria to incorporate these changes. The zoning criteria change would result in the loss of one of the single family lots. The total number of residential units has been reduced from 145 to 144. Exhibits and modified zoning criteria are attached to this report depicting the proposed changes. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 08- 2965, AMBERWOOD, LOCATED SOUTH AND EAST OF DOUBLE SPRINGS ROAD AND DOT TIPTON ROAD, CONTAINING APPROXIMATELY 40 ACRES, TO REFLECT REVISED ALIGNMENT OF PRIVATE DRIVE NUMBER 8, REVISED PLANNING AREA BOUNDARIES, AND A MODIFIED REAR BUILDING SETBACK. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the change in alignment of Private Drive 8 and resulting change in planning area boundaries to shift Private Drive 8 to the front of the lots on the north side of Amberwood Park, is hereby approved and reflected in the Planned Zoning District approval zoning criteria for R-PZD 08-2965 (Amberwood). Section 2. That the change to modify the rear building setback to allow for accessory structures with a zero-foot setback adjacent to common greenspace and a five-foot setback adjacent to perimeter subdivision property lines, is hereby approved and reflected in the Planned Zoning District approval zoning criteria for R-PZD 08-2965 (Amberwood). Section 3. That the approvals and conditions for R-PZD 08-2965 (Amberwood) as passed and approved by the City Council on April 7, 2009 with Ordinance No. 5230 shall be modified with the revisions to the Master Development Plan and project booklet as described and depicted herein. Section 4. 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 5. 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 I above. PASSED and APPROVED this the day of 12009. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA SMITH, City Clerk JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 . FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. 7/15/09 Fayetteville City Council Attn: Andrew Garner Re: Amberwood Place PZD changes This letter is to request a few changes to the Amberwood Place PZD packet that have come up during the Preliminary Plat procedure. The first change is in regards to Private Drive 8. In the original version approved by City Council this drive was a rear drive to allow for rear load garages and the lots would front Amberwood Park. The day before Subdivision Committee for the Preliminary Plat on June I I 'h we received word from the adjacent property owner to the north that they would not support the current layout and wanted Private Drive 8 moved to the south between Amberwood Park and the lots. After a two week delay and final compromise between the City of Fayetteville Planners, the adjacent property owner and the developer the change was made and needs to be approved so the booklet and Preliminary Plat match. The second change is to the rear setback requirement included in the PZD packet. The original rear setback requirement was 10' and did not take into account detached garages on shared drives. After further review it was decided that a note needed to be added to allow a 0' rear setback strictly for accessory structures. This is needed due to the size of the lots and the fact that almost all the lots back up to common areas or greenspace. Attached for your review is a copy of the revised zoning criteria for the PZD booklet, along with an 11 "x 17" copy of the previous and revised site plan. Thank you. Sincerely: Justin L. Jorgensen, P.E. STRUCTURAL DESIGN ' LAND DEVELOPMENT ' WATER SYSTEMS ' WASTEWATER SYSTEMS ' LAND SURVEYING ' Oita GINAL ZOMIM G C K ITE R Lk E. PROPOSED PLANNING AREAS This project has three planning areas. Planning Area #1 16. 32 Acres ( 107 Lots) Planning Area #2 5.00 Acres (38 Lots) Planning Area #3 18.66 Acres ( 11 Lots) F. PROPOSED ZONING AND DEVELOPMENT STANDARDS Planning Area #1 : Single Family Residential : Purpose: The purpose of this PZD is to permit and encourage the development of single family dwelling units with a density similar to RSF4 . This is for 107 units on 16.32 acres, which will have a density o 6. 56 units/acre. Land Use Designation A. Permitted Uses: Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory Dwellin s B. Conditional Uses: Unit 2 City-wide uses by conditional use permit Unit 3 Public protection & utility facilities Unit 24 Home occupations C. Density. Acreage 16.32 acres Number of Dwelling Units 107 units Density 6.56 units/acre Bulk and Area Regulations D. Lot width minimum = 25.0 feet E: Lot area minimum = 3 ,500 square feet F. Land area per dwelling unit = 3, 500 square feet (minimum). Amberwood Place Page 6 OILIOW&L ZONING CRITERIA G. Setback Requirements Front SideRear loft Oft 10ft *All lots with a 0 ft side setback on one side must a a side setback on the other side and a 10' separation from structures (eave-to-eave) on both sides. Buildings are subject to minimum building separation, fire wall ratings, etc. in accordance with building code. H . Height Regulations: Structures in this district are limited to a building height of 45 feet. I . Building Area: Area occupied by all buildings shall not exceed 56% of the total lot area. Site Planning J. Screening and Landscaping: The screening and landscaping will be provided as set forth in the Unified Development Code. The subdivision covenants will require each lot to have at least two trees in addition to the trees and landscaping the developer will provide at the entrances, around the turn-a rounds and in the green spaces. K. Parking: All parking shall comply with chapter 172 of the Unified Development Code. L. Architectural Design Standards: Conceptual architectural renderings have been provided in Appendix A. It is the interest of the developer to obtain approval of this PZD for construction of single family detached houses. All houses will have a combination of brick and siding exterior with composite shingles and roof slopes of 7: 12. The homes shall be constructed consistent with the elevations and renderings provided in Appendix A. Homes shall be designed with articulated facades facing the public street. Homes located on Amberwood Park shall be designed with an articulated facade facing the park and public street, where applicable. Front facades of homes as they face the street or the park shall be varied in color and material so that no two same facades are adjacent to Ambenvood Place Page 7 AYPLI GANT 'S MOPOSEb ZONING 4WERIA o E. PROPOSED PLANNING AREAS P9 2 This project has three planning areas. Planning Area #1 HE16.44, Acres ( 106 Lots) Planning Area #2 5.25 Acres (38 Lots) Planning Area #3 18.66 Acres ( 11 Lots) F. PROPOSED ZONING AND DEVELOPMENT STANDARDS Planninq Area #1 : Single Family Residential: Purpose: The purpose of this PZD is to permit and encourage the development of single family dwelling units with a density similar to RSF-4 . This is for 106 units on 16.44 acres which will have a density o 6. 50 units/acre. Land Use Designation A. Permitted Uses: Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accesso Dwellin s B . Conditional Uses: Unit 2 City-wide uses by conditional use permit Unit 3 Public protection & utility facilities Unit 24 Home occupations C. Density: Acreage 16.44 acres Number of Dwelling Units 106 units Density 6.50 unitslacre Bulk and Area Regulations D. Lot width minimum = 25.0 feet E . Lot area minimum = 3 ,500 square feet F. Land area per dwelling unit = 3,500 square feet (minimum). Amberwood Place Page 6 AP PL CA /vTIs PON SED ZW1A/ G GR ITE RIA G. Setback Requirements pg I of 2 Front Side Rear 10 ft - Princi ad Stucture 5 ft — Accessory structure adjacent to loft *0 ft surrounding property 0 ft — Accessory structure adjacent to -Planningrea 3 or greenspace *All lots with a 0 ft side setback ono i e muSrnavU a He setback on the other side and a 10' separation from structures (eave-to-eave) on both sides. Buildings are subject to minimum building separation, fire wall ratings, etc. in accordance with building code. H . Height Regulations: Structures in this district are limited to a building height of 45 feet. I . Building Area: Area occupied by all buildings shall not exceed 56% of the total lot area. Site Planning J . Screening and Landscaping: The screening and landscaping will be provided as set forth in the Unified Development Code. The subdivision covenants will require each lot to have at least two trees in addition to the trees and landscaping the developer will provide at the entrances, around the turn-a rounds and in the green spaces. K. Parking: All parking shall comply with chapter 172 of the Unified Development Code. L. Architectural Design Standards: Conceptual architectural renderings have been provided in Appendix A. It is the interest of the developer to obtain approval of this PZD for construction of single family detached houses. All houses will have a combination of brick and siding exterior with composite shingles and roof slopes of 7: 12. The homes shall be constructed consistent with the elevations and renderings provided in Appendix A. Homes shall be designed with articulated facades facing the public street. Homes located on Amberwood Park shall be designed with an articulated Ambenvood Place Page 7 RPZD08-2965 AMBERWOOD PLACE One Mile View NO NO m I 1'.? NO M x 't + rt r , I 1 , .. . . MVS . dJ IT,� ON ON A. 1 111111111111171111111111 1 NO ON 0 NO d ON ON :! wON, ON NO N IN ' PR led r IN . :, OR ,alas a . ' .. . y' ',NO , .1 . i• � ' �• ' � NO : � ON I I NO ;0 IN ON IN d ' J. I NO Ck r it IN! IN IN 11 ry .' k POP I a i :NONNI ON Y • ' • • . 1 .I •. I' ' V . . : . .. . 'tw •••� 1�4 w. :ON I!NO . . 1 ' --- -- j .._ _ �. . .. 1 . .i :PON ON ON - ; , I _` - -- r ` : 1 NO '. OOSE_' C_K.RD OOPLE . . •. LON .�r.JOIN _ r — _�r , . oNOON f i ;IEASgNT 00. N� w.?j i_ UIV-t- t p , R . K LN .. t J 01� . �f \^ N : - _ - PEN OR _ _ k c _._ .. _WILSON ST lY�150N 5q I¢�' 'I" Overview ` Legend Boundary - . Subject Property ON Planning Area ® RPZ008-2905 - �� Overlay District ar—I Outside City Legend ® Hillside-Hilltop O ertay District 0 0 . 25 0 . 5 1 M les (£' � I Afff 111111"'III y:. r , It It Ll I �n r K � , d - ' yff d uPFr^ fit` ii I I II 1 I II RECEIVED AUG 2"12009 OF FAYErrEVI Arkansas Democrat (OaxeW C CITY CLERKS OFFICES 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 5264 August 13, 2009 Publication Cha�rrgge-p: $ 8�6� . )08 Signed: _--6%-- - --y-ILL---- Subscribed and sworn to before me This 19 day of , 2009 . Notary Public My Commission Expires: Mat � Z p / 07� Do not pay from Affidavit, an invoice will be sent / Qi •�' M. E1',p•.s+ �.j > '(PRY N w �2 o O XG� ` ''• Pu ~tee