HomeMy WebLinkAboutOrdinance 5265 h IIIIIIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIIIIII IIII
Doc ID : 013057150001 Type : REL
Kind ; ORDINANCE
Recorded : 09/03/2009 at 02 : 23 : 58 PM
Fee Amt : 815 . 00 Pace 1 of 1
Mashlnoton Countv . AR
Bette StamDa Circuit Clerk
File2009-00028785
ORDINANCE NO. 5265
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 MODIFY CONDITION OF
APPROVAL NO. 1 , STREET IMPROVEMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That condition of approval No. 1 , Street Improvements, for R-PZD 08-2965
(Amberwood) as passed and approved by the City Council on April 7, 2009 with Ordinance No. 5230
shall be repealed a replacement condition shall be enacted as follows:
The following street improvements shall be required:
• Prior to Final Plat of Phase 1, the developer shall be responsible for installation of
curb and gutter, storm drainage and sidewalks on the south side of Dot Tipton Road,
along the eastern section of the Amberwood Subdivision street frontage
(approximately 600 feet).
• Prior to Final Plat of Phase 1, the developer shall construct drainage improvements at
three locations on Dot Tipton Road as determined by the City Engineer.
Dot Tipton Road is required to be paved prior to Final Plat of Phase 1. Prior to the
City paving Dot Tipton Road, the developer shall contribute $ 150,000.00 to the City
for the Transportation Department to pave Dot Tipton Road from Double Springs
Road to 54'h Street.
• Prior to Final Plat of Phase III, the developer shall construct pavement, curb and
gutter, storm drainage and sidewalk along the project's Double Springs Road and
Dot Tipton Road frontage, including the gap of project frontage in the middle of the
project along Dot Tipton Road, connecting to the street improvements constructed
with Phase 1.
PASSED and APPROVED this 41 day of August, 2009.
,F.
APPROVED: ATTEST: ��;'0�\SY �OF
op ; FAYETTEVILLE ;
��. CO
LION D RDAN a r SONDRA E. SMITH, City Cle JTreasurer '9S'9RKgNSP'J�'
,, ,JINGroN C)
auou;n
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 09-3390: (Amberwood R-PZD Amendment No. 2) Submitted by Justin Jorgensen for property located south and
east of Double Springs Road and Dot Tipton Road, containing approximately 39.98 acres, to modify condition of
approval No. 1 , Street Improvements, for Amberwood R-PZD 08-2965.
$
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
I Ilia( Previous Ordinance or Resolution #
DepartmefftireEtoiQl Date
pro io++ JLA( `2"-t Original Contract Date:
Vyu / wr r 1q y1i v � 0 y Original Contract Number:
City Attorney (► �— Date
�4uX Q . 7 - W - aya4
/I/Afi
ce and Internal Services Director Date Received in City gERF6
Clerk's Office
7-al) as
of tall Date EN1 Efj
Received in ,7
< Mayor's Office
M or 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
From: Jeremy Pate, Development Services Director
Date: July 16, 2009
Subject: Amberwood Residential Planned Zoning District Amendment No. 2
(ADM 09-3390)
RECOMMENDATION
Planning Staff recommends approval of an ordinance modifying condition of approval
No. 1 , Street Improvements, for the Amberwood Planned Zoning District. This
modification would allow for the City to receive $ 150,000.00 from the developer in
exchange for the City paving Dot Tipton Road. The paving of Dot Tipton Road is a
project already anticipated to be constructed by the City' s Transportation Division. The
modification of this condition of approval would also allow for the phasing of installation
of curb, gutter, and sidewalk along their project frontage as the project develops in
phases.
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. During the applicant' s review of the
conditions of approval for the preliminary plat, they determined that the required street
improvements were not consistent with a recommendation made from the Street
Committee approximately two years ago, in which it was recommended that the City
pave Dot Tipton Road from Double Springs Road to 54`h Street, in exchange for the
developer paying the City $ 150,000.00. The condition of approval approved as part of the
PZD approval and the applicant's proposed modification to this condition are attached to
this memo. A site plan is also included showing Dot Tipton Road from Double Springs
Road to 54`h and the location of the Amberwood Subdivision.
BUDGETIMPACT
The City Transportation Department is required to pave Dot Tipton Road after receipt of
$ 150,000.00 from the developer.
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
MODIFY CONDITION OF APPROVAL NO. 1 , STREET
IMPROVEMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1. That condition of approval No. 1 , Street Improvements, for R-PZD 08-2965
(Amberwood) as passed and approved by the City Council on April 7, 2009 with Ordinance No.
5230 shall be repealed and replaced as follows:
The following street improvements shall be required:
• Prior to Final Plat of Phase 1, the developer shall be responsible for installation
of curb and gutter, storm drainage and sidewalks on the south side of Dot Tipton
Road, along the eastern section of the Amberwood Subdivision street frontage
(approximately 600 feet).
Prior to Final Plat of Phase 1, the developer shall construct drainage
improvements at three locations on Dot Tipton Road as determined by the City
Engineer.
Dot Tipton Road is required to be paved prior to Final Plat of Phase 1. Prior to
the City paving Dot Tipton Road, the developer shall contribute $ 150,000.00 to
the City for the Transportation Department to pave Dot Tipton Road from
Double Springs Road to 54'" Street.
Prior to Final Plat of Phase III, the developer shall construct pavement, curb and
gutter, storm drainage and sidewalk along the project's Double Springs Road
and Dot Tipton Road frontage, including the gap of project frontage in the
middle of the project along Dot Tipton Road, connecting to the street
improvements constructed with Phase I.
PASSED and APPROVED this the _ day of _, 2009.
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 clarify the improvements to be made to Dot Tipton Road in conjunction with the
construction of Amberwood Subdivision.
1 . Amend the PZD to read that the developer shall be responsible for installation of curb & gutter,
drainage and sidewalk along the south side of Dot Tipton where Amberwood Subdivision faces
Dot Tipton Road in Phase 1 (515'). Developer is responsible for curb & gutter, drainage and
sidewalk in the future when Amberwood Subdivision Phase 3 is constructed west to Double
Springs Road.
2. Developer is responsible for drainage improvements at three locations on Dot Tipton Road.
3 . Developer will donate $ 150,000.00 to the City of Fayetteville for the Street Department to pave
Dot Tipton Road from Double Springs Road to 54th Street.
Attached for your review is a plan showing Dot Tipton from Double Springs Road to 54th and the
location of Amberwood Place Subdivision.
Thank you. �`O
Sincerely; CJ�`V ` 9
R � %� 10GQ`J
010
Q�
Justin L. Jorgensen, P.E.
• STRUCTURAL DESIGN • LAND DEVELOPMENT ' WATER SYSTEMS ' WASTEWATER SYSTEMS • LAND SURVEYING
oRI CABAL t oao iTiam oV APPROVAL
CONDITIONS OF APPROVAL:
R-PZD 08-2965
Page I of 4
Conditions of Approval for R-PZD 08-2965 (Ambcnvood Place)
I . Determination of street improvements. Street improvements at the time of development shall
include those determined necessary by the Planning Commission, based upon the
development proposed. Staff will recommend street improvements warranted with
development of the subject property. Based on an initial review of the conceptual
development plan, staff will likely recommend, at a minimum, the following street
improvements:
a. Pavement, curb and gutter, storm drainage, and sidewalks to be constructed along
the project frontage for Double Springs Road and Dot Tipton Road including the gap
ofproject frontage in the middle of the project along Dot Tipton Road.
b. Off-site street improvements will be required along Dot Tipton Road to pave the
roadway to a minimum of 20 ' wide pavement plus the aTpropriate shoulders from the
project boundary east approximately 0. 34 mile to .i4Street.
2. Determina ion of adequate connectivity. Two points of access are provided to the north on
Dot Tipton Road. Street stub-outs are provided in the southwest corner, the south-central,
and the eastern borders of the site. No street connection is currently being provided to the
existing rural residential land uses to the west that border Double Springs Road. The project
proposes internal pedestrian connectivity in approximately 18 .66 acres of dedicated
greenspace and parks . with pedestrian trails to be constructed by the developer. Staff
recommends in favor of the proposed connectivity.
3 . This project is required to go through preliminary plat review and approval prior to
construction.
4. The applicant shall dedicate right-of-way a minimum of 42.5 ' from centerline right-of-way
along the project's Double Springs Road frontage and 25 ' from centerline along the project's
Dot Tipton Road frontage. Dedication of 50' right-of-way width for interior streets and stub-
outs. Pedestrian trails shall be dedicated in public access easements.
5. The project is subject to the project phasing noted below. Final plat approval is required to
be obtained for the various Planning Areas in this project within the specified' titneframe.
Extensions may be permitted, pursuant to City ordinance.
Phase Milestone Deadline
1 Preliminary Plat Approval 2009
2 Preliminary Plat Approval 2012
3 Preliminary Plat Approval 2014
Constriction permits shall be obtained within 1 year of preliminary plat approval, and construction shall
be completed with a final plat recorded within 3 years of permit issuance, in accordance with City
ordinance.
6. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
7. Buildings shall be constructed to be consistent with the elevations and concepts and
architectural standards depicted in the building elevations in the booklet as specified.
RPZD08-2965 AMBERWOOD PLACE
One Mile View
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RECEIVED
A &nsas Democrat (Oaxe& AUG T1 ""
CRY OF FAY
• ' ' • C1TY 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 5265
August 13, 2009
Publication Charge : $ 86 .08
Signed: --- & ___m
Subscribed and sworn to before me
This /9 day of Z1 2009 .
Notary Public ZZ& g vn
My Commission Expires: 11�90u� 41 4) 40 42-
Do not pay from Affidavit, an invoice will be sent
GO F'fc:!tP
�TARY'
w
PUBS-�ti?
titaroe,'Q' Q-
NC'rl7N C�"P
RECEIVED
AUG z,' no
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
-_ ORDINANCE NO. 5265
AN NORDINANCE ZONING
AMENDING A RESIDENTIALTayeV
PIANNED ZONINGDILOCAT D SOUT AND E ST29651AMBERWOOD, LOCATED SOUTH AND FASTOF DOUBLE SPRINGS ROAD AND DOT TIPTONROAD, CONTAINING APPROXIMATELY 40 ACRES, S
TO MODIFY CONDITION OF APPROVAL NO. 1,
STREET IMPROVEMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS&
Election 1. That condition of approval No. 1, Street Improvements, -for R-PZO 08-2965
(Amberwood) as passed and approved by Me City Council on April 7, 2009 with Ordinance No. 5230
shall be repeated a replacement condition shell be enacted as follows:
The following street improvements shall be required:
• Prior to Final Plat of Phase I, the developer shall be responsible for installation of curb and
'gutter, storm drainage and sidewalks on the south side of Dot Tipton Road along the
eastern section of the Amberwood Subdivision street frontage (approximately 600 feet).
• Prior to Final Plat of Phase I, Me developer shall construct drainage Improvements at three
locations on Dot Tipton Read as determined by the City Engineer.
• Dot Tipton Road is required to be paved prior to Final Plat of Phase I. Prior to the City paving
Dot Tipton Rose, the developer shall contribute $150,000.00 to the City for the Transportation
Department to pave Dot Tipton Road from Double Springs Read to 54th Street.
• Prior to Final Plat of Phase III, the developer shall construct pavement, curb and gutter, storm
drainage and sidewalk along the project's Double Springs Road and Dot Tipton Road
frontage, including the gap of project frontage in the middle of the project along Dot Tipton
Read, connecting to the street improvements construi with Phase 1.
PASSED and APPROVED Nis 4th day of August, 2009.
APPROVED: ATTEST:
I
If LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerknireasurer
DOUBLE SPRINGS ROAD
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