HomeMy WebLinkAboutOrdinance 5303 r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID : I0132%jp95920007 Type : REL
Recorded 02 /2010 at 09 : 43 : 23 AM
Fee Amt : $45 . 00 Page I of 7
Mashlnoton Countv . AR
Bette Stamps Clrcult Clerk
FIU2010-00003656
ORDINANCE NO. 5303
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING
DISTRICT TITLED R-PZD 09-3439, OAKBROOKE PHASE III, LOCATED
WITHIN OAKBROOKE PHASE I AND OAKBROOKE PHASE II; CONTAINING
APPROXIMATELY 29 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-PZD 05- 1463 Oakbrooke Phase I and R-PZD 05- 1555
Oakbrooke Phase II to R-PZD 09-3439 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 above
requirements of the master plan and conditions of approval 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.
PASSED and APPROVED this 19'hday of January, 2010.
APPROVED: ATTEST:
t
LI NELD JO N, Mayor SONDRA E. SMITH, City Clerk/TrAsiH'er " " 3
; FAYETTEVI CI-E ;
Tt,N��o �,.
Page 2
Ordinance No. 5303
EXHIBIT `B"
R-PZD 09-3439
A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE FRACTIONAL
SECTION 1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING A THE SOUTHWEST CORNER OF SAID EIGHTY ACRE TRACT AND
RUNNING THENCE N0201T4211E 1069. 169, THENCE S8704914211E 428.22', THENCE
S87009' 1 5"E 1404.23', THENCE S08018'00"W 225 .89', THENCEN87°00'35"W 354.571, THENCE
S02048'25"W 146.65', THENCE N870102211W 327.791, THENCE S0205011411W 253 .09', THENCE
N87022' 17"W 28.37', THENCE S02049'27"W 389.76', THENCE S87010'42"E 254.30', THENCE
S25022'44"W 64.971, THENCE N87010142"W 1319.64' TO THE POINT OF BEGINNING,
CONTAINING 32.39 ACRES, MORE OR LESS. LESS AND EXCEPT: A PART OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE FRACTIONAL SECTION
1 , TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING A THE
SOUTHWEST CORNER OF SAID EIGHTY ACRE TRACT AND RUNNING THENCE
NO2° 17'42"E 1069. 16', THENCE S87049142"E 151 .00', THENCE S02° 17'42"W 770.91 ', THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00' FOR A CHORD BEARING
AND DISTANCE OF S1502413211W 68.071, THENCE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 75.00' FORA CHORD BEARING AND DISTANCE OF S22021 '58"E
116.39', THENCE S02017'42"W 128.20', THENCE N8701014211W 184. 13' TO THE POINT OF
BEGINNING, CONTAINING 3 .77 ACRES MORE OR LESS. CONTAINING IN ALL 28.62
ACRES MORE OR LESS; SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD,
IF ANY.
EXHIBIT "A"
RPZD09-343c. OAKBROOKE III
Close Up View
B a r
loh
MWAPL W ASf.I
i
SUBJECT PROPER
■ a 641 'I 'm
rYM M 1"OLL / s
11 ,4w Mas
IMAM CT = = 1Zn STARRY NIGHT V W •�.••
'
2 W z •�••
:AiTLFWRV W ` �cvo � p _
+ 2
* 14Y , RIF, +
NFJ f
ww ■ � III[ � � �
TRLLRW W
d " I WINTER EVENING PL
Item
APACHE MiTivv ..
GASCONY PL [:
fllifJ u .�
PSGJ
a
CY �J j usvJ
H 02Qj
in CHANTILLY OR
WJ
{g Ik CASTLE PINES
On
91 flsrJ flsr+
W4
Overview
0 150 ]00 600 600 1.200
Feel
CONDITIONS OF APPROVAL
JANUARY 19, 2010
R-PZD 09-3439
Page 1 of 4
Conditions of Approval for R-PZD 09-3439 (Oakbrooke Phase III)
Amended by City Council 12-19-09
1 . City Council determination of zoning criteria: building area. The maximum building area for
Planning Areas 1-4 shall be 60%.
2. City Council determination of signage for the PZD. Wall signs shall be permitted in accordance
with the Residential Office zoning district, which allows two 16sq.ft. wall signs per business, and
a maximum size ofthe one permitted monument sign shall be limited to 50 sq.ft. Projecting signs
shall be permitted in accordance with Ch. 174. 11.
3 . Use Unit 24, Home Occupations, shall not be permitted as a use by right, but may be permitted as
a conditional use in any planning area, subject to Planning Commission approval.
4. Use Unit 41 , Accessory Dwellings Units. Accessory dwelling units may only be permitted on lots
containing at least 5,000 sq. ft. and are subject to the standards of Chapter 164. 19.
5 . PA-2. The following design requirements shall be required for Planning Area 2 in addition to the
architectural standards presented in the project booklet:
a. All units shall be detached single-family dwellings.
b. Maximum height shall be 32' .
c. As shown on the conceptual site plan, all units shall have a primary entry consisting of a
porch, patio or other clearly delineated entry feature oriented to the common open space,
or walkway connecting to the common open space. Entry features shall have minimum
dimensions of 6'x 61
.
d. The common open space shall be provided generally as shown, with dimensions of
approximately 130' x 130' .
e. The development shall include a variety of building styles, features, colors and site design
elements. The same front facade shall not be permitted more than three times and may not
be used adjacent to one another.
f. At least 300 sq. ft. of private, contiguous open space adjacent to each dwelling unit shall
be provided with a minimum dimension of 10' .
g. No fence shall exceed three feet in height except where the fence is located at least 10'
from the front fagade of the house.
6. PA-3 . A minimum of forty-two (42) detached single-family dwellings and a maximum of thirty-
four (34) two-family and three-family townhouses may be permitted in Planning Area 3 . Twenty
one (2 1 ) of the attached units shall be permitted on Lots 53-60, 82-89 and 99- 103. The remaining
thirteen ( 13) attached units may be located throughout PA-3 (with the exception of lots 1 - 10,
where no attached units shall be permitted), but an attached dwelling shall be separated from
another attached dwelling by a minimum of two single-family detached dwellings.
7. PA-4. Only detached single-family dwelling units shall be permitted on Lot 11 -21 and 33-37.
Attached housing, in a townhouse form, shall be restricted to Lots 22-26 and 29-32.
8. PA-5 . The minimum buildable street frontage along Rupple Rd. shall be increased to 40%.
i
CONDITIONS OF APPROVAL
JANUARY 19, 2010
R-PZD 09-3439
Page 2 of 4
9. Street improvements. All interior streets have been constructed; however, street improvements, or
payment in-lieu of improvements along Rupple Road shall include those determined necessary by
the Planning Commission, based upon the actual development proposed. All alleys and common
driveways serving more than two dwelling units shall be constructed in compliance with the
City's street design standards.
10. The applicant shall dedicate additional right-of-way for Rupple Road and right-of-way for all
public alleys at the time of final plat, or large scale development approval.
11 . This project is required to obtain all construction and building permits and complete construction
of each phase in accordance with the phasing table listed in the project booklet. A one-year
extension may be approved for each phase, subject to the criteria in UDC Chapter 166 for
extensions.
12. All sidewalks not previously installed shall be constructed in conformance with current City street
standards unless otherwise varied by the Planning Commission.
13 . All alley widths are subject to approval by the Fayetteville Fire and Solid Waste Divisions and
adopted Street Design Standards. Alley construction will be reviewed at the time of development.
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.
14. All curb-cuts, including driveways, alleys, etc. shall be constructed in compliance with the Access
Management Standards. Individual driveway widths shall be determined by Chapter 172. 1 1 (H).
15. Vehicles accessing parking spaces and garages off of an alley, or other access point, shall provide
sufficient space for a 90-degree turning movement. This typically requires 24' ; however, staff
will evaluate access at the time of development.
16. Screening between residential and nonresidential developments shall be reviewed at the time of
development.
17. A minimum of 5 ' ofgreenspace shall be required between all parking lots and adjoining property
lines.
18. All common property shall be owned and maintained by the Property Owners Association.
Development of these properties shall be limited to accessory type uses, such as gazebos,
benches, mail kiosks, picnic tables, sidewalks, gardens, landscaping, etc., subject to approval by
the City Planning Division.
19. Parks fees shall be determined at the time of development review. Fees shall be due prior to
signing the final plat or building permit approval, depending on the development proposal.
20. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks
or utility easements.
If
CONDITIONS OF APPROVAL
JANUARY 19, 2010
R-PZD 09-3439
Page 3 of 4
21 . Buildings shall be constructed to be consistent with the elevations and concepts depicted in the
building elevations in the booklet as specified. Additionally, the development shall be held to the
"architectural controls" described in the project booklet. Building elevations will be reviewed at
the time of building permit. All homes shall be designed with a "front fapade" facing onto
adjacent public streets, when present. 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.
22. 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.
23 . The following revisions shall be made to the final booklets and plats:
a. Plats. Page 3 . Complete land use table.
b. Plats. Page 3 . The use table needs to include a subtotal of all planning areas. Additionally,
the table needs to correctly list the uses for each planning area and the correct number of
lots.
c. The note in PA-3 stating "no more than 5 units attached" shall be removed. This planning
area is limited to single-family dwellings and two and three-family townhouses.
d. Update PA-3 to reflect City Council determination.
Urban Forester Conditions of Approval:
24. Street trees are required to be planted every 30', except for single-family lots where one tree is
required per lot. All trees shall be 2-inch large species.
25. 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.
26. A 3-year bond, letter of credit, or check shall be required for all trees planted before signing the
final plat, or approving a building permit for a large scale development. A three-year
maintenance bond, letter of credit, or check shall be required prior to approval of a final
Certificate of Occupancy.
27. Tree canopy required to be preserved shall be placed within a Tree Preservation Easement and
dedicated by final plat or easement plat.
28. Before construction plan approval, the landscape plan must be stamped by a licensed landscape
architect with the state of Arkansas.
Standard Conditions of Approval:
29. 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).
CONDITIONS OF APPROVAL
JANUARY 19, 2010
R-PZD 09-3439
Page 4 of 4
30. Impact fees for water, sewer, police and fire shall be paid in accordance with City ordinance.
31 . 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.
32. 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.
33 . All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities
shall be located underground.
34. Street lights shall be installed adjacent to all public and private streets (not alleys), with a
separation of no greater than 300 feet.
35 . 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. Only one-family and two-family units are exempt from this
ordinance.
36. 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 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.
ADDITIONAL CONDITION OFFERED BY APPLICANT, ADDED BY CITY COUNCIL:
37. The property owner that submits each planning area for development review shall technically
evaluate the feasibility of rain gardens and other alternative stormwater measures for water
quality and attenuation where appropriate, and shall submit the associated analyses to the city to
review for construction.
Washington County , AR
I certify this instrument was filed on
02/10/2010 09:43:23 AM
and recorded in Real Estate
File Number 2010-00003656
Bette Stamps - Circuit Clerk
by j`/-�
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/15/2009
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
R-PZD 09-3439: (Oakbrooke Phase III , 361 ): Submitted by Tracy K. Hoskins for property located within Oakbrooke
Phases I and II. The property is zoned R-PZD, Residential Planned Zoning District and contains approximately
28.62 acres. The request is for Zoning and land use approval of an R-PZD with 174 residential units and 12,000 sq.
ft. of nonresidential space.
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
Previous Ordinance or Resolution #
Department Dire&r
fit`/' Original Contract Date:
l I -2d 009 Original Contract Number:
City Attorrnne Date
`-ra, R - �. .. _ 11-30 . 2067
Finance and Internal Services Director Date Received in City EEDED
Clerk's Office II -15 .0 K(M .
A.
Chi aff Date
Received in ENTERED
Mayor's Office _3Q .
Mayor ate
Comments:
.\ /CJ1 lzootv
a1 /, �y[;k viied Jantf3ry 715, 2009
art, cV Ukc � L�4f� tYK1L" 0 w5l09000
11
•
Faye l Ciy Council Meeting Date:
December 15, 2009
ARKANSAS
City Council Agenda Memo
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: November 24, 2009
Subject: Residential Planned Zoning District for Oakbrooke Phase III (R-PZD 09-3439)
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance creating a Residential
Planned Zoning District ( R-PZD) for Oakbrooke Phase III, based on the development standards,
plans and statement of commitments submitted . This action will establish a unique zoning
district for a 174 attached and detached residential dwelling units and 12,000 sq. ft. of
nonresidential space on 28.62 acres, a density of 6 units per acre.
BACKGROUND
The boundary of the subject PZD is proposed to encompass all but 3.76 acres of the previously
approved Oakbrooke Subdivision Phases I and II, which were approved by the Fayetteville City
Council in 2005. The property contains approximately 28.62 acres of the overall 32.38 acres of
the original Oakbrooke development; the portion that lies outside of the current PZD will retain
its approval status, restrictions and conditions from the original PZD. All infrastructure has been
installed to serve the original development and the owner has received final plat approval for
both phases; however, only Phase II has been filed in order to build homes. The owner has
started construction on several houses within Phase II, which would be incorporated into the
proposed development.
DISCUSSION
Neighboring residents attended both of the Planning Commission meetings at which this
project was considered to listen and provide comments. Minutes from the first meeting are
included in your packet. The Planning Commission voted 5-1-0 in favor of this request on
November 23, 2009 (Commissioner Zant voting 'no'). Recommended conditions were approved
by the Planning Commission and are reflected in the attached staff report. You will note in
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521 -1316
conditions 1 and 2 that the Planning Commission and staff have differing recommendations.
Ultimately, the City Council always determines the conditions of approval appropriate for a
Planned Zoning District, if it is approved .
BUDGETIMPACT
None
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521- 1316
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 09-3439, OAKBROOKE
PHASE III, LOCATED WITHIN OAKBROOKE PHASE I AND
OAKBROOKE PHASE II; CONTAINING APPROXIMATELY 29
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-PZD 05- 1463 Oakbrooke Phase I and R-PZD 05-
1555 Oakbrooke Phase II to R-PZD 09-3439 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
above requirements of the master plan and conditions of approval 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.
PASSED and APPROVED this day of 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
s
NORTHWEST ARKANSAS
NE\'VSPAPERS*
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
2 1 2 N o rth East Aven u e' t*"'ïlläftË
?'"n"'::; | -"i:i. 1 607' 7 2 7 o 2
AFFIDAVIT OF PUBLICATION
l, Cathy wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkonsos Newspapers LLC. Printed and published in Benton county
Arkansas, (Lowell) and that from my own personar knowredge and
reference to the files of said publication, the advertisement of: City of
Fayetteville -Ordinance 5303
January 28,2010
Publication Charge : $ 103.7G
Signed:
Subscribed
This l\ day
and
of
sworn to before merqrr. ,2010.
Notary pubtic
$Untt--
My Commission Expires:
-."*::Ë4#"TH,,
Uff1"'.i:J,!,Tf .Tr,tzát+ø+,
Iyj:gl]l"'bñ il" ryliäÍ.'åii i oro
Do not pay from Affidavit, an invoice will be sent
