HomeMy WebLinkAboutOrdinance 5303 r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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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
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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
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 N02017'42"E 1069.16', THENCE S87049'42"E 428.22', THENCE
S87009'15"E 1404.23', THENCE S08018'00"W 225.89', THENCE N87000'35"W 354.57'1
THENCE S02048'25"W 146.65', THENCE N87010'22"W 327.79', THENCE S02050'1411W
253.091, THENCE N87022'17"W 28.37', THENCE S02049'27"W 389.76', THENCE
S87010'42"E 254.30', THENCE S25022'44"W 64.97', THENCE N87010'42"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 N02017'42"E 1069.16', THENCE S87049'42"E
151.001, THENCE S02017'42"W 770.91', THENCE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 150.00' FOR A CHORD BEARING AND DISTANCE OF
S15°24'32"W 68.07', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
75.00' FOR A CHORD BEARING AND DISTANCE OF S22021'58"E 116.39', THENCE
S02017'42"W 128.20', THENCE N87010'42"W 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"
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Planning Commission
November 09, 2009
Page 10 of 14
R-PZD 09-3439: Residential Planned Zoning District (OAKBROOKE III, T.K. HOSKINS
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 28.59 acres. The request is for zoning and land use approval of an R-PZD
with 177 residential units and 12,000 sq. fr. of nonresidential space.
Jesse Fulcher, Current Planner, gave the staff report describing the previously approved Oakbrook
Subdivision and the proposal for a new PZD on this site for residential and mixed use. Staff
recommended that the request be tabled until the November 23`d meeting date to allow the applicant
additional time to clarify planning area 5 and make other requested revisions to the plan.
Tracy Hoskins, property owner, discussed their request and stated that he hopes they won't be
tabled. He referenced new zoning criteria that they are proposing and was distributed to the Planning
Commissioners at this meeting.
Jim Ramsey, applicant's architect, gave a PowerPoint presentation. He discussed the background
and setting of the site, the concepts for their traditional neighborhood. He went over all of the
proposed neighborhoods in the Master Plan, describing in detail their plan for mixed use, integrated
variety of lot sizes, and that they did not want to repeat designs throughout the development, and that
each lot would be specifically designed.
Public Comment:
Paul Johnson, president of Bridgeport Neighborhood Property Owner's Association, discussed that
his neighborhood is not opposed to the style, but the size of the homes in the development. He is
opposed to any homes below 1,400 square feet. He is opposed to rental property and smaller homes
encourage rentals. He is not opposed to density but is opposed to less than 1,400 square feet. He
discussed that crime and higher density are related. His neighborhood has had multiple calls of
breaks -ins of cars and homes. He also discussed vehicles speeding in his neighborhood. We rarely
see small homes that are high quality. Infill that protects existing development is appropriate.
Gilbert Belk, 2009 North Purva Place, discussed that appraisal values have gone down in the 1.5
years since he has purchased his home. He wasn't aware when he bought his house that the property
proposed to be developed tonight was not a part of Bridgeport.
Jack Langford, who lives on Rupple Road adjacent to this development, discussed concern with the
size of the dwellings. He is concerned with 2-3 family dwellings and the community store that would
be adjacent to his house. The applicant has kept this site clean. He asks the Planning Commission to
keep the existing permitted plan.
Tom Fetner, lives in Bridgeport on High Avenue, stated concerns with row houses except where
they were already permitted, and asked the Planning Commission to stay with the previously
approved plan.
Planning Commission
November 09, 2009
Page 11 of 14
(Inaudible), lives on Purva Place, discussed that this property is beautiful right now and this
development will hurt vegetation and asked for those issues to be considered.
Chuck Lewis, resident of Bridgeport, stated concern with any homes under 1,400 square feet.
(Inaudible), lives on American Drive, discussed that the transition from Bridgeport to this
neighborhood is very great. Rental property and shops with this development do not make sense. He
discussed rental homes, parties, and parking on the street. Please stick to the approved plan.
Pam Henson, lives in Bridgeport, discussed agreement with all of the other comments. She stated
that the four existing houses being built are okay. She expressed concerns that the developer is
changing this so much and the neighborhood has not been involved. On September 9, 2005,
Alderman Lioneld Jordan made a motion to have a minimum of 1,400 square feet for residences in
the Oakbrooke neighborhood. She discussed that there is already a lot of rental property in the area
including the Links at Fayetteville across the street. We don't need smaller rentals in the area. Traffic
on Wedington is an issue. She doesn't think this fits in this area.
Ivory Collin, Bridgeport, discussed that the proposal to have apartments above shops works in New
York but not around here. She discussed the development at Futrall and I-540 that have not been
rented with this concept. She expressed concern with this development.
Steve Davis, lives in Washington -Willow, discussed that he has actually worked for Tracy (Hoskins)
in the past and the quality of Tracy's developments have improved over the years. As one member of
the public referenced, he takes care of his property. The quality of this development will be good.
No further comment was presented.
Commissioner Myres discussed that she thinks they should follow staffs recommendation and table
this item and also to make sure all other issues have been addressed.
Commissioner Zant discussed that he thinks this is a nice looking development. It would help to see
the previous development to compare with this proposal.
Commissioner Winston discussed that this is potentially a great development with very innovative
ideas. The neighbors could benefit with a neighborhood meeting. He thinks there is a general
misunderstanding of the neighbors and what the applicant is proposing, based on the comments
heard at the meeting tonight. He also discussed that he would recommend seeing the previous PZD
approval so he could compare to the current proposal.
Commissioner Honchell asked about minimum square footage for homes and project phasing.
Tracy Hoskins, applicant, discussed that they are not proposing a minimum square footage and that
the anticipated project phasing is approximately 5 years.
Planning Commission
November 09, 2009
Page 12 of 14
Commissioner Honchell asked what the minimum square footage of homes in surrounding areas are
for comparison purposes.
Garner
discussed that the City does not
regulate square footages of homes
and it would be very
difficult
for staff to determine. However,
minimum lot size is regulated and
could be determined.
Kit Williams, City Attorney, clarified that as the proposed project is a PZD a minimum square
footage of homes can be required.
Commissioner Trumbo discussed that this plan is consistent with the principals in City Plan 2025
and that there will be a demand for this type of development in the future. If we don't plan for this
now and do these types of developments, the city will continue to be developed as in the past with
RSF-4 zoning and single family homes spread out everywhere. He discussed that he will not be in
favor of attached units in this development being adjacent to detached units outside of this
development. He is not in favor of home occupation throughout the development. The overall density
is approximately 6.5 units per acre which is appropriate.
Motion:
Commissioner Kennedy made a motion to table this item until the next Planning Commission
meeting on November 23, 2009. Commissioner Zant seconded the motion. Upon roll call the
motion to table passed with a vote of 6-0-0.
Planning Commission
November 23, 2009
Page 4 of 11
New Business:
R-PZD 09-3439: Residential Planned Zoning District (OAKBROOKE III, T.K. HOSKINS
361): Submitted by TRACY K. HOSKINS forproperty located WITHIN OAKBROOKE PHASES I
AND II. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 28.59 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.
Jesse Fulcher, Current Planner, gave the staff report, discussing the previous review of the project
and comments. Staff recommended forwarding the project with several modifications to the plan as
noted in the conditions of approval.
Tracy Hoskins, applicant, discussed the project and the neighborhood meeting that took place since
the last Planning Commission meeting.
Public Comment:
Tom Fetner asked if the project could be rezoned, or a new PZD applied for in the future if this PZD
was approved. Was concerned with the number of vacant lots in the area.
James Davis discussed concerns with the development turning into rental property, size of the
houses and small lots sizes.
No further public comment was presented.
Commissioner Lack asked staff to address the public's questions.
Andrew Garner, Senior Planner, stated that the property could be rezoned in the future, as is the
case for all properties.
Commissioner Honchell asked if the 1,400 sq. ft. required by the previous Bill of Assurance would
conflict with the requirements of the proposed project.
Fulcher stated that the 1,400 sq. ft. limitation would only apply to the 17 lots that would remain
under the zoning approval of Oakbrooke Phases I and II, and that this restriction would not apply to
the proposed Phase III.
Commissioner Honchell asked if Use Unit 24, Home Occupations was already approved for all lots
in Oakbrooke.
Fulcher, stated that home occupations were permitted on all lots within Oakbrook I and II.
Kit Williams, City Attorney, stated that the 1,400 sq. ft. house size requirement was offered by the
applicant with Oakbrooke I and II.
Planning Commission
November 23, 2009
Page 5 of l I
Commissioner Winston asked the applicant if condition of approval #1 (maximum buildable area)
would affect the development proposal, and if the limit on the maximum fence height in Planning
Area 2 would be a problem.
Hoskins
stated
that
the requested maximum
buildable area
was less
than the previously approved
project.
Stated
that
a higher fence would be
appreciated in
the back
yards of the homes.
Fulcher described staff's position on limiting the fence height to 3'.
Hoskins stated that limiting the fence height in front would be fine, but that allowing a standard
fence along the sides and back yard would be preferred. Fences could be restricted to no greater than
3' until the fence is at least 10' behind the front fagade.
Commissioners Kennedy stated that the sign regulations recommended by staff in Planning Area 5
were too restrictive. Would prefer to see the commercial uses removed if they aren't allowed to
property advertise.
Hoskins stated that he was okay with monument style sign, but needed the sign allowances as
proposed in the booklet.
Commissioners Kennedy discussed several R-O developments that struggle due restrictions on sign
size.
Commissioners Lack stated that the Planning Area 5 was more like a residential office district,
which is why it is appropriate in this setting, so the signs should be smaller than a commercial
district. Use Unit 24, Home Occupations should be limited to a conditional use and not a use by
right. Is the applicant okay with staffs recommendation on Planning Area 3?
Hoskins stated that the number of attached units in Planning Area 3 were reduced once based on
staffs concerns. Still requesting the lots as noted for attached housing.
Commissioners Cabe asked about staffs recommendation and the applicant's request on the
maximum buildable area for each planning area.
Hoskins stated that they could reduce the maximum buildable area to 65% in Planning Areas 1 and
3, and to 70% in Planning Areas 2 and 4.
Commissioners Zant stated
there appears to be lots of changes occurring at
the
meeting and too
many open-ended conditions.
Wish that staff and applicant could agree upon
all
conditions.
Motion:
Condition of Approval #1: Commissioner Cabe made a motion to approve the condition with a
65% buildable area in Planning Areas 1 and 3 and a 70% buildable area in Planning Areas 2 and 4.
Planning Commission
November 23, 2009
Page 6 of H
Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 5-
1-0 (Commissioner Zant voting "no".)
Condition of Approval #2: Commissioner Winston made a motion to approve the condition as
recommended by staff. Commissioner Kennedy seconded the motion. Upon roll call the motion
passed with a vote of 5-1-0 (Commissioner Zant voting "no".)
Condition of Approval 93: Commissioner Winston made a motion to approve the variance as
proposed by the applicant. Commissioner Kennedy seconded the motion. Upon roll call the
motion passed with a vote of 4-2-0 (Commissioner Zant and Cabe voting "no".)
Commissioner Winston made a motion to forward the project to the City Council with all
conditions of approval as amended. Commissioner Cabe seconded the motion. Upon roll call the
motion passed with a vote of 5-1-0 (Commissioner Zant voting "no".)
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
R-PZD 09-3439
Page 1 of 5
Conditions of Approval for R-PZD 09-3439 (Oakbrooke Phase II1)
1. City Council determination of zoning criteria: building area. The Planning Commission voted to
allow a maximum buildable area of 65116 for Planning Areas 1 and 3, and 70% for Planning
Areas 2 and 4.
2. City Council determination of the applicant's request to allow monument signs and wall signs in
Planning Area 5 subject to commercial zoning district regulations, which permits up to a 75 sq. ft.
monument sign and a 150 sq. ft. wall sign per business per wall. Projecting signs shall be
permitted in accordance with Chapter 174.11. The Planning Commission voted to allow signage
as proposed by the applicant.
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. This requirement can not be varied by the Planning_ Commission
or City Council. Therefore, the applicant shall remove this use unit from all planning areas. A
note may be included in each planning area stating that accessory dwelling units may be permitted
in accordance with Chapter 164.19 of the Unified Development Code.
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 two stories.
c. As shown on the conceptual site plan, all units shall have a primary entry, and/or covered
porch oriented to the common open space, or walkway connecting to the common open
space. The common open space shall be provided generally as shown, with dimensions of
approximately 130' x 130'.
d. The development shall include a variety of building styles, features, colors and site design
elements. Dwellings with the same combination of features shall not be located adjacent
to each other. Identical elements shall not be repeated in more than three (3) of the
cottages.
e. Each unit shall have a covered porch with a minimum depth of 6' and area of 60 sq. ft.
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. The number of attached units shall be limited to Lots 1-14 and 44-51, with the dwelling
types on these lots restricted to single, two, or three family townhouses. The note stating "no
more than 5 units attached" shall be removed. All other lots in PA-3 shall be limited to detached
single-family dwellings.
7. PA-4. Only detached single-family units shall be permitted on Lots 1-11 and 21-25. Attached
housing, in a townhouse form, shall be restricted to Lots 12-20.
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
R-PZD 09-3439
Page 2 of 5
8. PA-5. The minimum buildable street frontage along Rupple Rd. shall be increased to 40%.
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.
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 172.11 (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' of greenspace 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.
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
R-PZD 09-3439
Page 3 of 5
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 facade" 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 prior to the project being placed on the City Council
agenda:
a.
Booklet. Page 2. Update PA-5 in the conceptual site plan to match current proposal.
b.
Booklet. Page 4. The timeframes to begin and complete construction for each phase need
to be clarified utilizing language similar to that listed in Chapter 166.20. The language
currently used is contradictory and allows open-ended time frames for developing PA-5.
Examples below:
a)AII permits necessary to complete construction for Phase I shall be obtained
within one year from City Council approval of the PZD. Final plat approval shall
be obtained within two years of preliminary plat approval.
b) All permits necessary to complete construction of Phase V shall be obtained
within five years from City Council approval of the PZD. A final Certificate of
Occupancy shall be obtained within two years of the building permit approval.
c.
Booklet. Page 7. Per comments above, remove Use Unit 24 and update buildable area.
d.
Booklet. Page 8. Per comments above (if approved), remove Use Units 9, 10,24 and 41,
and update buildable area.
e.
Booklet. Page 11. Per comments above (if approved), remove reference to 5 attached
units, reduce attached units to Lots 1-14 and 44-51, remove Use Units 24 and 41, and
update buildable area.
f.
Booklet. Page 12. Per comments above (if approved), remove Use Units 24 and 41.
g.
Booklet. Page 14. Per comments above (if approved), remove Use Unit 41, reduce build -
to zone along Rupple (by ordinance parking is prohibited in a build -to zone), remove
setback comment for zero lot line and garages, since this is no longer proposed in the
planning area, change minimum buildable area to minimum buildable street frontage, and
increase percentage along Rupple to 40%.
h.
Booklet. Page 16. Make all applicable changes to the zoning comparison chart.
i.
Plats. Page 1. Update legal description.
j.
Plats. Page 3. Complete land use table.
k.
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.
I.
Any common area proposed to be on a separate lot will need a separate lot number at the
time of preliminary plat review.
m.
The PZD booklet and plats shall be updated to reflect the lot numbering attached
hereto and titled "Lot Numbering." These revisions, along with all other required
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
R-PZD 09-3439
Page 4 of 5
revisions shall be completed and submitted (three copies of the booklet and plats) to
the Planning Division after City Council approval of the project.
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).
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
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
R-PZD 09-3439
Page 5 of 5
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 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, notjust guaranteed, prior to the issuance of a Certificate of
Occupancy.
STAFF RECOMMENDED CONDITIONS OF APPROVAL DIFFERING
FROM PLANNING COMMISSION RECOMMENDATION:
R-PZD 09-3439
Page 1 of 1
Conditions of Approval for R-PZD 09-3439 (Oakbrooke Phase III)
City Council determination of zoning criteria: building area. In all of the residential planning
areas, the applicant is proposing a high intensity of building area (the square footage of a lot
covered by the first floor of any building), much more intense than is permitted within any other
residential districts within the City. These range, as proposed, from 70-75116, which leaves very
little unoccupied greenspace. Staff does not feel that these percentages are necessary and
recommends the buildable area maximum levels be reduced to 60% for Planning Areas 1-4.
City Council determination of the applicant's request to allow monument signs and wall signs in
Planning Area 5 subject to commercial zoning district regulations, which permits up to a 75 sq. ft.
monument sign and a 150 sq. ft. wall sign per business per wall. Commercial businesses that may
locate in PA-5 need to advertise; however, signs need to be of an appropriate scale given the
location of this property in a predominantly residential area. Staff cannot support the ability to
install 150 sq. ft. wall signs, or a 75 sq. ft. monument sign. Staff recommends that wall signs be
permitted in accordance with the Residential Office zoning district, which allows two 16 sq. ft.
wall signs per business, and the maximum size of the one monument sign be limited to 50 sq. ft.
Projecting signs shall be permitted in accordance with Chapter 174.11.
T e evi le
AHNANSA$
TFIE CITY OF FAYETTEvILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
PC Meeting November 23, 2009
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Development Services Director
DATE: November 16, 2009 Updated November 24, 2009
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
R-PZD 09-3439: Residential Planned Zoning District (OAKBROOKE III, T.K. HOSKINS
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.
Planner: Jesse Fulcher
Findings:
Background: The first public review for this project was on November 9, 2009. Members of the
public voiced concerns with the size of the homes, occupancy (rental vs. owner occupied), affect on
property values, attached dwellings, type of businesses in mixed use area, traffic problems,
compatibility with neighboring developments and that the developer already has approval to build a
predominantly single-family neighborhood with a Bill of Assurance requiring homes to be at least
1,400 sq. ft.
The Planning Commission voted unanimously to table the request to the November 23, 2009
meeting, and requested additional information from Planning Staff, including; 1) site plans
comparing the original Oakbrooke project with the current proposal; and 2) a map showing adjacent
developments and land uses. Additional maps and site plans have been added to the end of the staff
report.
Many of the questions and comments from the meeting were related to occupancy of the proposed
dwellings and minimum house sizes. To clarify, the City of Fayetteville does not regulate the
occupancy type of any residence, so all units within the City may be offered for rent, for sale, or for
lease. Additionally, the City of Fayetteville does not have ordinances that allow the City to regulate
or mandate a particular house size, so long as the maximum building area on a lot is not exceeded.
The 1,400 sq. ft. house size currently required within Oakbrooke I and 11 was offered by the owner
through a Bill of Assurance, which the Fayetteville City Council accepted as part of the original
project approval. The City did not require the original Bill of Assurance, nor can the City request a
Bill of Assurance.
Property Description: The subject development is proposed to be located within 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
K:IReporls11009W Repor1s125.November 131RPZD 09-3439 (Oakbrooke PH 111).do
original Oakbrooke development. 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. The owner has started constructed on several houses within Phase II, which would be
incorporated into the proposed development. Surrounding land use and zoning are listed in Table 1.
Table 1
Surroundinq Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Residential and Undeveloped
R-A. RSF-1, RSF-4
South
Residential
RSF-1, RSF-4
East
Golf course and Residential
R-PZD 07-2452
West
Residential
RSF-4
Proposal: The request is for rezoning and land use approval for a residential subdivision
containing 174 attached and detached residential units and 12,000 sq. ft. of nonresidential space.
A preliminary and final plat would be required if the development is approved. A large scale
development will likely be necessary for areas of the development containing multi -family and
nonresidential uses.
Adjacent Master Street Plan Streets: Rupple Road (Principal Arterial Parkway), New Bridge Road
(Collector Street), platted streets within Oakbrooke Phase 1 and 11
Access and connectivity. All interior streets have been constructed, and were dedicated with the
filing of Phase 11 of Oakbrook Subdivision. The applicant is proposing several alleys to provide rear
access to many of the units. Alley design will be reviewed at the time of preliminary plat review
and/or large scale development.
Right-of-way to be dedicated: All interior streets have been constructed and were dedicated with the
filing of Oakbrooke Phase 11. Right-of-way in the amount of 45' from centerline was also dedicated
for Rupple Road. However, Rupple Road is now designated as a Principal Arterial Parkway, which
requires right-of-way dedication in the amount of 53.5' from centerline. Therefore, an additional
8.5' of right-of-way will be dedicated with Oakbrook Phase 111.
Phasing: As shown on the phasing plan in the project booklet, the applicant is proposing to develop
Oakbrooke Phase III in five separate phases. Staff has requested additional information to be
consistent with the current ordinance requirements regarding expiration of permits.
Parks: The Park and Recreation Advisory Board (PRAB) recommended on August 6, 2007 to accept
money in -lieu of land for this project.
Water & Sewer: Water and sewer lines have been installed to serve Oakbrooke Phases I and 11.
Main extensions required by the new development proposal will be evaluated at the time of
development review. Any new lot created will be required to have proper access and utilities, at the
time of development.
Tree Preservation: Tree preservation will be reviewed at the time of development.
Public Comment: City staff has spoken with several surrounding property owners about the
proposed development. One letter from an adjoining property owner has been received, objecting to
the proposal. Notification was delivered to property owners within 100' of the PZD boundary and
KAReports120091PC Reports125-November 231RPZD 09-3439 (Oakbrooke PH ttt).doe
two signs were posted on the site indicating the public hearing date. Staff has also included
comments from the November 9, 2009 Planning Commission meeting at the beginning of the staff
report.
Recommendation: Staff finds that the development form and land uses presented in the project
proposal are consistent with the City's adopted policies and the goals of City Plan 2025, including a
variety of housing types and lot sizes, and nonresidential uses at corner locations. Staff also finds that
the density and housing types presented are compatible with surrounding properties. Therefore, staff
recommends forwarding R-PZD 09-3439 to the City Council. However, staffs recommendation
for approval is contingent on the following conditions and revisions:
Conditions of Approval:
1. Planning Commission determination of zoning criteria: building area. In all of the residential
planning areas, the applicant is proposing a high intensity of building area (the square
footage of a lot covered by the first floor of any building), much more intense than is
permitted within any other residential districts within the City. These range, as proposed,
from 70-75%, which leaves very little unoccupied greenspace. Staff does not feel that these
percentages are necessary and recommends the buildable area maximum levels be reduced
to 60% for Planning Areas 1-4.
11/23/09: THE PLANNING COMMISSION RECOMMENDED THE FOLLOWING
MAXIMUM BUILDABLE AREAS: 65% FOR PLANNING AREAS 1 AND 3, 70% FOR
PLANNING AREAS 2 AND 4. PLANNING AREA 5 WAS UNCHANGED.
2. Planning Commission determination of allowing Use Unit 24, Home Occupations,.as a use
by right in all zoning districts. Staff does not recommend in favor of allowing home
occupations without further review by the Planning Commission to ensure that residents
aren't negatively impacted by nonresidential uses. In general, staff has been supportive of
most home occupations, when given the opportunity to review the request and include
conditions to safeguard neighboring properties and tenants. Staff would request this same
opportunity within this development. No other residential districts within the City permit
Home Occupations as a use by right.
11/23/09: THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF'S
RECOMMENDATION. USE UNIT 24 SHALL BE LISTED AS A CONDITIONAL USE IN
ALL PLANNING AREAS.
3. Planning Commission determination of the applicant's request to allow monument signs and
wall signs in PA-5 subject to commercial zoning district regulations, which permits up to a
75 sq. ft. monument sign and a 150 sq. ft. wall sign per business per wall. Commercial
businesses that may locate in PA-5 need to advertise; however, signs need to be of an
appropriate scale given the location of this property in a predominantly residential area.
Staff cannot support the ability to install 150 sq. ft. wall signs, or a 75 sq. ft. monument sign.
Staff recommends that wall signs be permitted in accordance with the Residential Office
zoning district, which allows two 16 sq. ft. wall signs per business, and the maximum size of
the one monument sign be limited to 50 sq. ft.
11/23/09: THE
PLANNING
COMMISSION RECOMMENDED IN FAVOR OF
THE
APPLICANT'S
REQUEST,
ALLOWING SIGNAGE IN CONFORMANCE WITH
THE
KAIReports120091PC Reporrsl25-November 131RPZD 09-3439 (Oakbrooke PH m).doc
COMMERCIAL ZONING DISTRICT.
4. Use Unit 41, Accessory Dwellings Units.
Accessory
dwelling units may only
be
permitted on lots containing at least 5,000 sq.
ft. This requirement
can not be varied
by
the Planning Commission or City Council. Therefore, the
applicant shall remove this
use
unit from all planning areas. A note may be
included in
each planning area stating that
accessory dwelling units may be permitted
in accordance with Chapter 164.19 of
the
Unified Development Code.
5. PA-2. Staff is supportive of a "cottage development" design with the following
additional conditions:
a. All units shall be detached single-family dwellings.
b. Maximum height shall be two stories.
c. As shown on the conceptual site plan, all units shall have a primary entry, and/or
covered porch oriented to the common open space, or walkway connecting to the
common open space. The common open space shall be provided generally as
shown, with dimensions of approximately 130' x 130'.
d. The development shall include a variety of building styles, features, colors and
site design elements. Dwellings with the same combination of features shall not
be located adjacent to each other. Identical elements shall not be repeated in more
than three (3) of the cottages.
e. Each unit shall have a covered porch with a minimum depth of 6' and area of 60
sq. ft.
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. THE PLANNING COMMISSION
AMENDED THIS CONDITION, ALLOWING FENCES GREATER THAN Y
IN HEIGHT ONLY WHEN LOCATED FURTHER THAN 10' FROM THE
FRONT FAQADE OF THE HOUSE.
11/23/09: THE PLANNING COMMISSION VOTED IN FAVOR OF STAFF'S
RECOMMENDATION WITH THE EXCEPTION OF (3g) AS NOTED ABOVE.
6. PA-3. Staff is supportive of the number of lots and dwellings proposed for this planning
area; however, staff can not support the number of lots on which attached units may be
permitted. Staff recommends that the number of attached units be limited to Lots 1-14
and 44-51, with the dwelling types on these lots restricted to single, two, or three family
townhouses. The note stating "no more than 5 units attached" shall be removed. All
other lots in PA-3 shall be limited to detached single-family dwellings.
11/23/09: THE PLANNING COMMISSION VOTED IN FAVOR OF STAFF'S
RECOMMENDATION.
7. PA-4. Only detached
single-family units shall
be permitted on
Lots IA I and 21-25.
Attached housing, in a
townhouse form, shall be
restricted to Lots
12-20.
11/23/09: THE PLANNING COMMISSION VOTED IN FAVOR OF STAFF'S
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RECOMMENDATION.
S. PA-5. Staff is
supportive of
the mixed
use planning
area as
long as the minimum
buildable street
frontage along
Rupple Rd.
is increased
to 40%
and- thp, ._...*irA.....
11/23/09: THE PLANNING COMMISSION VOTED IN FAVOR OF STAFFS
RECOMMENDATION FOR BUILDING FRONTAGE, BUT ALLOWED SIGNS TO BE
PERMITTED AS REQUESTED BY THE APPLICANT.
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.
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 172.11(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' of greenspace 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,
KlReports120091PC Reports125-November 231RPZD 09-3439 (Oakbrooke PH Hl).doc
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.
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 fagade" 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 prior to the project being placed on the City
Council agenda: I .
a. Booklet. Page 2. Update PA-5 in the conceptual site plan to match current
proposal.
b. Booklet. Page 4. The timeframes to begin and complete construction for each
phase need to be clarified utilizing language similar to that listed in Chapter
166.20. The language currently used is contradictory and allows open-ended time
frames for developing PA-5. Examples below:
i. All permits necessary to complete construction for Phase I shall be
obtained within one year from City Council approval of the PZD. Final
plat approval shall be obtained within two years of preliminary plat
approval.
ii. All permits necessary to complete construction of Phase V shall be
obtained within five years from City Council approval of the PZD. A final
Certificate of Occupancy shall be obtained within two years of the
building permit approval.
c. Booklet. Page 7. Per comments above, remove Use Unit 24 and update buildable
area.
d. Booklet. Page 8. Per comments above (if approved), remove Use Units 9, 10, 24
and 41, and update buildable area.
e. Booklet. Page 11. Per comments above (if approved), remove reference to 5
attached units, reduce attached units to Lots 1-14 and 44-51, remove Use Units 24
and 41, and update buildable area.
f. Booklet. Page 12. Per comments above (if approved), remove Use Units 24 and
K: IReporns110091PC Reportsl25-November 131RPZD 09-3439 (Oakbrooke PH IIQ.doc
41.
g. Booklet. Page 14. Per comments above (if approved), remove Use Unit 41,
reduce build -to zone along Rupple (by ordinance parking is prohibited in a build -
to zone), remove setback comment for zero lot line and garages, since this is no
longer proposed in the planning area, change minimum buildable area to
minimum buildable street frontage, and increase percentage along Rupple to 40%.
h. Booklet. Page 16. Make all applicable changes to the zoning comparison chart.
i. Plats. Page 1. Update legal description.
j. Plats. Page 3. Complete land use table.
k. 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.
1. Any common area proposed to be on a separate lot will need a separate lot
number at the time of preliminary plat review.
in. The PZD booklet and plats shall be updated to reflect the lot numbering attached
hereto and titled "Lot Numbering." These revisions, along with all other required
revisions shall be completed and submitted (three copies of the booklet and plats)
to the Planning Division after City Council approval of the project.
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).
30. Impact fees for water, sewer, police and fire shall be paid in accordance with City
ordinance.
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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 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.
Planning Commission Action: O Tabled q Forwarded to C.C. C1 Denied
Motion: Winston
Second: Cabe
Vote: 5-1-0 (Zant voted no)
Meeting Date: November 23, 2009
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature
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1176M
Findings associated with R-PZD 09-3439 (Oakbrook III)
Sec. 166.06. Planned Zoning Districts (PZD)
(E) Approval or Rejection Criteria for Planned Zoning Districts
The following criteria shall be considered by the Planning Commission and City Council in the
review of a planned zoning district application based on the proposed master development plan:
(1) Whether the application is in compliance with the requirements of the UDC and the City
Plan 2025;
FINDING: Staff finds many aspects of the development proposal to be consistent with the
Unified Development Code and City Plan 2025. The future land use map designates the
property as a City Neighborhood Area, which is characterized by a denser, primarily
residential urban fabric with a wide range of residential building types, including single-family,
side -yard and rowhouses. These areas also recognize mixed and low -intensity nonresidential
uses, usually confined to corner locations. The applicant is proposing a variety of housing types
and lot sizes, and some employment opportunities within a single development, while also
attempting to maintain a level of compatibility and harmony with surrounding land uses. The
development maintains the existing tree preservation area, required by Oakbrook I and II, and
provides additional greenspace for residents of the development.
(2) Whether the application is in compliance with all applicable statutory provisions;
FINDING: The application has been reviewed and found to be in compliance with all
applicable statutory provisions.
(3) Whether the general impact of the rezoning would adversely impact the provision of
public facilities and services;
FINDING: Infrastructure for this property has already been installed as required with
Oakbrooke Phase I and II. However, the increase in lots, dwellings and nonresidential space
will require the applicant to improve and/or extend additional infrastructure.
(4) Whether the rezoning is compatible with the surrounding land uses;
FINDING: The development is still proposed to be predominantly residential, with the
exception of one planning area adjacent to Rupple Road. In general, the proposal could be
compatible with surrounding residential land uses; however, the scale and number of attached
units, in staff's opinion, is too great to achieve an appropriate level of compatibility at this time.
(5) Whether the subject land is suitable for the intended use and is compatible with the
natural environment;
FINDING: Public streets and utilities have already been constructed to serve future
development on this property. Therefore, the land is suitable for the intended use and
compatible with the natural environment.
K: IReporls120091PC Reportsl25-November 231RPZD 09-3439 (Oakbrooke PH ///).do
(6) Whether the intended land use would create traffic congestion or burden the existing road
network;
FINDING: Any additional development in the area will certainly increase the amount of
traffic on surrounding streets; however, the overall density should not create an appreciable
amount of traffic above that which can be managed with the streets in the area. The site has
direct access to Rupple Road, which was recently expanded to a three -lane boulevard.
Additionally, Mt. Comfort Road, which is just north of the site is currently being expanded to a
four -lane road way from Rupple to I-540.
(7) Whether the planned development provides for unified development control under a
unified plan;
FINDING:
The applicant has provided the
majority of information required in the booklet
and plats.
However, staff does not feel that
the development
regulations could be accurately
enforced at
the time of development, due to a
lack of detail and
information.
(8)
Whether any other
recognized zoning
consideration
would be violated in this PZD.
FINDING:
No other zoning
considerations are proposed to
be violated.
Sec. 161.29 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned developments whose purpose is redevelopment, economic development,
cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit.
the combination of development and zoning review into a simultaneous process. The rezoning of
property to the PZD may be deemed appropriate if the development proposed for the district can
accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and
integration of economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of
the area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands
and in the renewal of existing deteriorating areas.
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Ll
(7) Open space. Provision of more usable and suitably located open space, recreation
areas and other common facilities that would not otherwise be required under
conventional land development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive and innovative planning and design of mixed use yet
harmonious developments consistent with the guiding policies of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of
geographic location, topography, size or shape.
FINDING: The applicant is proposing a variety of housing types and lot sizes, and some
employment opportunities within a single development, while also attempting to maintain a
level of compatibility and harmony with surrounding land uses. The development maintains
the existing tree preservation area, required by Oakbrook I and II, and provides additional
greenspace for residents of the development.
(B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in
accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning
parcel shall be described as a separate district, with distinct boundaries and specific design and
development standards. Each district shall be assigned a project number or label, along with the
designation "PZD". The rezoning shall include the adoption of a specific master development plan
and development standards.
(C) R - PZD, Residential Planned Zoning District.
(1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered
residential developments and to accommodate single -use residential developments that are
determined to be more appropriate for a PZD application than a general residential rezone.
The legislative purposes, intent, and application of this district include, but are not limited to,
the following:
(a) To encourage a variety and flexibility in land development and land use for
predominately residential areas, consistent with the city's City Plan 2025 and the orderly
development of the city.
(b) To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land,
can be planned on a total basis.
(c) To provide a harmonious relationship with the surrounding development, minimizing
such influences as land use incompatibilities, heavy traffic and congestion, and excessive
demands on planned and existing public facilities.
(d) To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
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(e) To encourage the efficient use of those puhlic facilities required in connection with new
residential development.
FINDING: As noted herein, the development proposal encourages a variety of residential land
uses, which in general are arranged in an orderly manner. The subject property is surrounded
by various densities of residential land uses and for the most part the project proposes land
uses which are compatible with these surrounding properties.
(2) Permitted Uses. All permitted uses identified within § 162 Use Units of the Unified
Development Code shall be allowed as permissible uses, unless otherwise specified, subject
to City Council approval of the Planned Zoning District request.
(3) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial)
zoning Districts established in the Unified Development Code shall be allowed with Planning
Commission approval, unless otherwise specified, subject to the code governing Conditional
Use requests.
(4) Condition. In no instance shall the residential use area be less than fifty-one percent (51%)
of the gross floor area within the development.
FINDING: The residential uses on this property will be at least fifty-one percent of the gross
floor area within the development.
(F) Bulk and area regulations
(1) Residential density. Residential densities shall be determined on the basis of the following
considerations:
(a) The densities of surrounding development;
(b) .the densities allowed under the current zoning;
(c) the urban development goals and other policies of the city's General Plan;
(d) the topography and character of the natural environment; and
(e) the impact of a given density on the specific site and adjacent properties.
(2) Lot area and setback requirements. Taking into consideration the unique aspects of each
project, preliminary development plans for Planned Zoning Districts shall conform as closely
as possible to the existing standards for lot area minimums and setback requirements under
this chapter.
(3) Building height. There shall be no maximum building height except as may be determined
by the Planning Commission during the review of the preliminary development plan based on
the uses within the development and the proximity of the development to existing or
prospective development on adjacent properties. A lesser height may be established by the
Planning Commission when it is deemed necessary to provide adequate light and air to
adjacent property and to protect the visual quality of the community.
(4) Building area. The Planning Commission shall review specific proposed lot coverages
which generally correspond to the guidelines for lot coverage in the respective residential,
office, commercial or industrial district which most depicts said development scheme.
K. IReports120091PC Reports125-November 231RPZD 09-3439 (Oakbrooke PH /lq.doc
FINDING: A proposed density of approximately 6.25 units/acre can be compatible with the
surrounding properties if the building scale and type are similar. Many areas of the proposed
development are appropriate based on adjacent land uses; however, the building area proposed
for the various planning areas, which average approximately 70% of the lot area, are too high
based on the land use.
Required Findines for Rezonine Request.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Staff finds many aspects of the development proposal to be consistent with the City's
land use planning objectives, principles and policies. The future land use map designates the
property as a City Neighborhood Area, which is characterized by a denser, primarily
residential urban fabric with a wide range of residential building types, including single-family,
side -yard and rowhouses. These areas also recognize mixed and low -intensity nonresidential
uses, usually confined to corner locations. The applicant is proposing a variety of housing types
and lot sizes, and some employment opportunities within a single development, while also
attempting to maintain a level of compatibility and harmony with surrounding land uses.
Staff, in general, supports the variety of housing and the nonresidential uses along Rupple
Road being proposed with the reduction in the number of attached units in PA-2 and PA-3.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The property is currently zoned for the development of Oakbrook I and II, which
will permit a maximum of 109 dwelling units. The rezoning request is justified based on the
desire of the applicant to provide a different development form than what was original
approved.
3. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: The proposed rezoning would result in an increase from 109 dwellings units to 194
dwelling units and 12,000 sq. ft. of nonresidential space, as proposed by the applicant. The
increase in dwellings units and nonresidential space will certainly alter the population density;
however, it is not expected to increase undesirably increase the load on public services.
Increased load on public services were taken into consideration and recommendations from the
Engineering, Fire, and Police Departments are included in this report.
4. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
KAReportW0091PC ReportA25-November 231RPZD 09-3439 (Oakbrooke PH OI).doc
FAYETTEVILLE ~
THE CRY OF FAYETTEVIUA, ARRANSAS
DEPARTMENTAL CORRESPONDENCE
Date 10/13/09
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
R-PZD 09-3439; Oakbrooke III / Tracy Hoskins, 361): submitted by Tracy K. Hoskins
for property located within Oakbrooke Phase 1 & II, would substantially alter the
population density and thereby undesirably increase the load on public services and
create an appreciable increase in traffic danger and congestion. The property contains
approximately 21.50 acres.
It is the opinion of the Fayetteville Police Department that this R-PZD will not
substantially alter the population density, and will not create an appreciable or
undesirable increase in the load on police services. This R-PZD will not create an
appreciable increase in traffic danger and congestion.
Sincerely,
Lieutenant R. Turberville
Fayetteville Police Department
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To: Jesse Fulcher
From: Captain Mark Stevens
Date: November 4, 2009
Re: R-PZD 09-3439
This development will be protected by Engine 7 located at 835 N. Rupple Road.
It is approximately 1 mile from the station with an anticipated response time of 3 minutes to the beginning of
the development.
The Fire Department anticipates 31 (20 EMS - 11 Fire/Other) calls for service each year after the
development is completed and maximum build -out has occurred. Typically, this type of development
usually takes 12 - 18 months, after the development is started, before maximum build -out and the service
impact to occur.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our
response times.
If you have any questions please feel free to contact me.
Captain Mark Stevens
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
4. R-PZD 09-3439: Plaft Zoning District (OAKBROOKE WRACY HOSKINS,
361): Submitted by TRACY K. HOSKINS for property located WITHIN OAKBROOKE
PHASE 1 AND I1. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING
DISTRICT and contains approximately 21.50 acres. The request is for review of an R-
P7_D, Residential Planned Zoning District, for "Zoning and Land Use only.
Planner: Jesse Fulcher
Public water is
available to the property. There are 8"
public mains
located throughout this
property. New
public mains may need to be extended
depending on
the proposed lot layout to
avoid services
crossing new property lines.
Sanitary sewer is available to the site. There are 8" public mains located throughout this
property. New public mains may need to be extended depending on the proposed lot layout to
avoid services crossing new property lines.
The site has access to Rupple Road. Rupple Road is partially improved boulevard section in this
area. The east half has been fully improved by the recent Links development from this property
south to Wedington. The west half is paved one way southbound without curb, gutter and
sidewalks. Street improvements will be evaluated with development submittal.
Standard improvements and requirements for drainage will be required for any development.
This property is not affected by the 100-year floodplain.
6. R� 09-3442: IMBROUGH/FU ITT/805NV. BEL IR, 366): Su fitted by KIM
FUGG for proper located at 805 �V. EL AIR DRIVE. The property 's zoned RSF-4,
SINGLE AMILV, 4 ITS PER ACRE Ind
contains appr ximately 0.02 Gres. The
request is t rezone the sukject property to SF-8, Residentia�Single Family, units per
acre. Planner: Da Sanders \
P blic water is avallable to the
this roperty. Public N ater may
and i e flow for any pr osed c
Sanitary wer is available t th
property as 15" main locate
through the property to serve an
The site has acc
in this location.
Standard improvem
This property is not
r erty. There is a public main Iodated across Bel Ali
ree to be extended t ough the property to provide dome
evelo ent.
site. Ther is a 6" public am located at t rear of this
in Leveret St et. Public ma rs may need to extended
to Be] Air and Le erett. Be] Air ar 1 Leverett
�t improvements w' I be evaluated w devel
requirements Mr -drainage will
by the 100-year floodplain
lane pave city street
submittal.
for'apy devel
Page 1
(9/25/2009) Jan Gambill,- Oakbrooke 5�Letter.doc
September 17, 2009
Oakbrooke is a 32+/- acre sustainable community along the west side of Rupple Road, north of Highway 16 west, and
south of Mt Comfort Road. Paradigm Development Enterprises, Inc., of Fayetteville will handle the design and
development of the revised Oakbrooke project.
It has always been our desire to create an authentic neighborhood of traditional American architecture, offering a variety
of housing options to a variety of residents. Larger homes for growing families will be intermingled with more modest
homes for those on a tighter budget; younger families; civil servants who protect our families: the teachers who educate
our families; and those ready for a more simple way of life, having raised their families. The Oakbrooke community is the
first legitimate inclusion of "homes within reach" that aren't segregated by class, income level, or social background.
Just as the surrounding developments, Oakbrooke is primarily a single family residential neighborhood of attached and
detached homes. However, Oakbrooke will strive for character which is lacking in many developments. By not using
stock plans but specifically designing each home for each lot, Oakbrooke strives to raise the standard of residential
development in the Rupple Road area.
Our goal is to create a sustainable neighborhood of viable housing options that will stand the test of time...
Reduce public costs by making more efficient use of infrastructure
Protect the environment through reduced land consumption, preservation of on -site environmental features,
and reduced automobile travel
Increase public safety and welfare through street design that results in slower driver speeds and reduced
accidents, injuries and fatalities
Foster community through attractive streets and public spaces that create opportunities for encounters and
gatherings
Promote sustainable development that meets the needs of the present without compromising the ability of
future generations to meet their own needs
Create a sense of "place' in an authentic "community"
Oakbrooke 3 is a redesign of portions of the constructed Oakbrooke Community. Short of the addition of some additional
utility services, all necessary infrastructures have been constructed to accommodate the redesign. Revisions to the
original PZD will give the opportunity to offer high quality, more "affordable" homes on somewhat smaller lots including
Cottages, Town Homes, and Courtyard or Patio Homes. Larger lots are adjusted and divided to provide more affordable,
more easily maintained, compact lots, and provide opportunities for additional common greenspace and highly
landscaped elements, public gardens and places for neighbors to gather.
With the proposed redesign, the community store currently located on lots 52 thru 54 is moved to a more appropriate
area along the reconstructed Rupple Road, directly across from The Links apartment and golf course project; and as per
the CityPlan 2025, it takes on more of a Mixed Use character. In turn, the homes once slated for this area will be
appropriately relocated further away from what will soon become a highly traveled divided arterial road.
All roads lead home in Oakbrooke. There are no permanent "dead end" streets, and friendly access is given to all areas.
Connectivity is supplied to all surrounding developments, both existing and future. The constructed, but temporary cul-de-
sac at the north end of September Stroll is a direct connection to future development to the north. Intersections and
streets are designed to be as convenient to pedestrians as they are to automobiles. Sidewalks are located on both sides
on the street to allow interaction among friends and provide safe passage for children and other pedestrians. Spaces for
public gardens and landscaping will be included to create community pride among neighbors and to help establish a
sense of "place" and "arrival". Custom signage and lighting will help establish the individual character of Oakbrooke. No
additional public streets will need to be constructed.
We appreciate your concern and completely share your desire to continually improve Fayetteville.
Tracy K. Hoskins
Paradigm Development
3155 North College, Suite 201
RESPOA THE PROPOSED REVISION TO THINVIOUSLY
APPROVED RPZD 05-1463, OAKBROOKE SUB -DIVISION
Date: 11.02.09
To whom it may concern:
Upon review of the proposed revisions I have come to the conclusion that the revision for the
previously approved RPZD 05-1463 is unacceptable.
My family and I live at 1893 N Rupple Rd. We purchased our home on Rupple Rd. in 2007. At
the time of purchase we reviewed what plans were available for Oakbrooke Subdivision and we
agreed to purchase the property at 1893 N Rupple Rd. with an understanding of the current
Oakbrooke plans. The current plan provides for single-family dwellings to the west and north of
our property.
We do not need to list what the revision entails but we must state our objections and why. The
revision has the potential to double or triple the number of residents near our home. This would
double or triple the noise and traffic. The revision places the "Mixed Use" area directly across the
street to the north of our home. When we purchased in 2007 we new that we would eventually
have neighbors behind us to the west and across the street to the north but we did not expect
our neighbors to be businesses or multi -family dwellings approximately 100 ft. from our door.
The dose proximity of multi -family dwellings, businesses, and the added number of potential
dwellings will definitely infringe on our privacy.
We realize this is a business deal. Under the current economic conditions smaller more affordable
tots and homes have a more favorable purchase price and may be easier to sell. New larger
homes built dose to Rupple Rd. with its current and future changes may sit awhile before they
find their way off of the market. The revision is one sided at best. The revision favors the
developer without considering the impact of property values to current residents on adjoining
properties.
When we purchased our property Paradigm Development had an approved plan. My assumption
is that at that time Paradigm had agreed to the current plan. We saw the plan and agreed that
we could work with that plan as a neighbor. We cannot agree to the revision. It is unacceptable
and we believe Paradigm Development should be held to their original and current plan.
Regards,
Jack Lankford
479.233.0933
RECEIVED
NOV 0 1� 2009
CITY OF FAYETTEVILL
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R- PZD PLANNING COMMISSION RECOMMENDED
0 9�3t f� 9 CONDITIONS OF APPROVAL:
R-PZD 09-3439
Page I of
Conditions of Approval for R-PZD 09-3439 (Oakbrooke Phase III)
I. City Council determination of zoning criteria: building area. The Planning Commission noted to
allow a maximum buildable area q%65%for Planning flreas ! and 3,111141 70%for Planning
Areas 2 and 4.
2. City Council determination of the applicant's request to allow monument signs and wall signs in
Planning Area 5 subject to commercial zoning district regulations, which permits up to a 75 sq. 11.
monument sign and a 150 sq. f. wall sign per business per wall. Projecting signs shall be
permitted in accordance with Chapter 174.11. The Planning Connnission voted to allowsignage
as proposed by the applicant.
3. Use Unit 24, Home Occupations, shall not be permitted as a use by right, but maybe 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 6'.
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.
fi Eeeh unit shall have a PeFoh, Patiol OF 81110 afly delineated anii�, featum with
g. At least 300 sq. ft. of private, contiguous open space adjacent to each dwelling unit shall
be provided with a minimum dimension of 10'.
h. 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 minimutn 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 (21) 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, but an attached dwelling shall be
separated from another attached dwelling by a minimum of two single-family detached dwellings.
PA-4. Only detached single-family dwelling units shall be permitted on Lot 1 1-21 and 33-37.
Attached housing, in a townhouse form, shall be restricted to Lots 22-26 and 29-32.
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
R-PZD 09-3439
Page 2 of 4
8. PA-5. The minimum buildable street frontage along Rupple Rd. shall be increased to 40%.
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 timeofdevelopment.
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, alloys, etc. shall beconstrucled incompliance with the Access
Management Standards. Individual driveway widths shall be determined by Chapter 172.1 I (H).
15. Vehicles accessing parking spaces and garages offof an alley, or other access point, shall provide
sufficient space for a 90-degree turning movement. This typically requires 24'; however, stall'
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 of5' ofgreenspaec 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.
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
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 ofCommitments 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 ofall 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 submittal.
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).
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL:
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. Alighting 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 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, notjust guaranteed, prior to the issuance of a Certificate of
Occupancy.
N
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10V 0 9
PLANNING COMMISSION RECOMMENDED CONDITIONS
REVISED BY STAFF
JANUARY 5, 2010 CITY COUNCIL
R-PZD 09-3439
Page 1 of 4
*Highlighted conditions have been revised since the first reading by the City Council on December 15,
2009.
Conditions of Approval for R-PZD 09-3439 (Oakbrooke Phase 111)
1. City Council determination of zoning criteria: building area. The Planning Commission voted to
allow a maximum buildable area of 65%for Planning Areas 1 and 3, and 70%for Planning
Areas 2 and 4.
2. City Council determination of the applicant's request to allow monument signs and wall signs in
Planning Area 5 subject to commercial zoning district regulations, which permits up to a 75 sq. ft.
monument sign and a 150 sq. ft. wall sign per business per wall. Projecting signs shall be
permitted in accordance with Chapter 174.11. The Planning Commission voted to allowsignage
as proposed by the applicant.
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 openispace,
or walkway connecting to the common open space. Entry features shall have minimum
dimensions of 6'x 6%
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 fagade 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 ofthirty-
four (34) two-family and three-family townhouses may be permitted in Planning Area 3. Twenty
one (21) 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, but an attached dwelling shall be
separated from another attached dwelling by a minimum of two single-family detached dwellings.
PLANNING COMMISSION RECOMMENDED CONDITIONS
REVISED BY STAFF
JANUARY 5, 2010 CITY COUNCIL
R-PZD 09-3439
Page 2 of 4
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%.
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 Cormnission, 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.
It. 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 172.11(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' of greenspace 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.
PLANNING COMMISSION RECOMMENDED CONDITIONS
REVISED BY STAFF
JANUARY 5, 2010 CITY COUNCIL
R-PZD 09-3439
Page 3 of 4
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.
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 proj ect booklet. Building elevations will be reviewed at
the time of building permit. All homes shall be designed with a "front fagade" 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 arc 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.
PLANNING COMMISSION RECOMMENDED CONDITIONS
REVISED BY STAFF
JANUARY 5, 2010 CITY COUNCIL
R-PZD 09-3439
Page 4 of 4
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).
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 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, notjust guaranteed, prior to the issuance of a Certificate of
Occupancy.
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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 12-05-09
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 allws two 16 sq. 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 maybe 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.
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 6'.
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 fagade 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 (21) 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 ilots 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.
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%.
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' of greenspace 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.
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 fagade" 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 PA73 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 CounciI-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. i. .
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. Alighting plan and
cut -sheets of theproposed•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 . r i
ordinance.
36. Prior to the issuance of a building permit the following is required:
a.. ' .Grading and.drainage permits
b. :n on -site inspection by the Landscape Administrator of all tree protectio
.An.
measures prior, to any land disturbance.
c. d 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 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.
I
Oakbrooke Family (1 thru 7), LLCs
Family Jewels, LLC
Fayetteville, AR
Tracy K. Hoskins - Manager
Fayetteville, AR 72703
Representative
Paradigm Development Enterprises Inc
3155 N College, 201
Fayetteville, AR 72703
OMOM 3 PLAm mom
nOU£M�D£� 25. • � 9 �an 4
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1
Owner / Applicant Information
A. Development information
B) Scope of Project
C) General Project Concept
1) Streets
2) Site Plan Showing Proposed Improvements
3) Buffer Areas
4) Natural and Tree Preservation
5) Detention and Drainage
6) Undisturbed Areas
7) Utilities
8) Oakbrooke Architectural Design Standards
9) Building Elevation
D) Proposed Development Phasing
E) Proposed Planning,Areas/
F) Proposed Zoning,and Development Standards
Planning Area 1 - Single Family
Planning Area 2 - Cottage,Homes
Planning Ares'ISouthern Vernacular Homes
Planning Area 4 - Park Court Homes
Planning Area 5 - Mixed Use
G) Zoning District;Comparison Chart ^
H) Recreational Facilities and Open Space and Accesses
1) Reason, for Zoni%Change 0
J) Relationship tolExisting-Surroundin"g Properties r
) Compliance with Fayetteville City Plan 2025 p L) Traffic Study��-
M) Impacts oDCity Services
N) Statement of Commitments
and Offsite Improvements 7 n F) l� �V v
Resources and Environmental Sensitive Area I^,
Phasing Restrictions 110( ) '��^\ /z
5) Fire�Piotection� u v t� \� ��� ///
6) Ottier�C� mitments�mpo_ s �d'by ttie:Cimtmty";1 tom
7) Parks, Trailstrid a'Apen Space Coments
8) Proposed Prelimirisry`Building Elevations (Resides
O) Development Standards, Conditions-and"Review.Guidelim
1) Screening and Landscaping. _�
2) Traffic and Circulation
3) Parking Standards
4) Perimeter Treatment
5) Sidewalks
6) Street Lights
7) Water
8) Sewer
9) Streets and Drainage
10) Construction of Non -Residential Facilities
11) Tree Preservation
12) Architectural Design Standards
13) Signage
14) View Protection
15) Revocations
16) Covenants, Trusts and Homeowner Associations
P) IntenUPurpose of PZD Ordinance
Quotes
Legal Description
and
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Oakbrooke 3 Planned Zoning District
Ownership / Applicant Information
Representative
Family Jewels, LLC Paradigm Development Enterprises, Inc.
3155 N College, Suite 201 3155 N College, Suite 201
Fayetteville, Arkansas Fayetteville, Arkansas 72703
Tracy K, Hoskins - Manager Tracy K, Hoskins - President
A) Development Information
is a 32+/- acre sustainable community along the west side of Rupple Road, north of Highway 16 west, and south of Mt
Comfort Road. Paradigm Development Enterprises, Inc., of Fayetteville will handle the design and development of the
revised Oakbrooke project.
It has always been our desire to create an authentic neighborhood of traditional American architecture, offering a variety
of housing options to a variety of residents. Larger homes for growing families will be intermingled with more modest homes for those on a
tighter budget; younger families; civil servants who protect our families; the teachers who educate our families; and those ready for a more
simple way of life, having raised their families. The Oakbrooke community is the first legitimate inclusion of "homes within reach" that aren't
segregated by class, income level, or social background.
Just as the surrounding developments and as currently permitted, Oakbrooke is primarily a single family residential neighborhood of attached
and detached homes. However, Oakbrooke will strive for character which is lacking in many developments. By not using stock plans but
specifically designing each home for each Lot, Oakbrooke strives to raise the standard of residential development in the Rupple Road area.
Our goal is to create a sustainable neighborhood of viable housing options that will stand the test of time...
✓ Reduce public costs by making more efficient use of infrastructure
✓ Protect the environment through reduced land consumption, preservation of on -site environmental features, and reduced automobile
travel
✓ Increase public safety and welfare through street design that results in slower driver speeds and reduced accidents, injuries and
fatalities
✓ Foster community through attractive streets and public spaces that create opportunities for encounters and gatherings
✓ Promote sustainable development that meets the needs of the present without compromising the ability of future generations to
meet their own needs
✓ Create a sense of "place" in an authentic "community'
13) Scope of Project -
For the most part, Oakbrooke 3 is a redesign of portions of the constructed Oakbrooke Community. Short of the addition of some additional
utility services, all necessary infrastructures have been constructed to accommodate the redesign. Revisions to the original PZD will give the
opportunity to offer high quality, more "affordable" homes on somewhat smaller Lots including Cottages, Southern Vernacular Homes, and'
Courtyard or Patio Homes. Larger Lots are adjusted and divided to provide more affordable, more easily maintained, compact Lots, and'
provide opportunities for additional common and greenspace and highly landscaped elements, public gardens and places for neighbors to
gather.
With the proposed redesign, the community store currently located on Lots 52 thru 54 is moved to a more appropriate area along the
reconstructed Rupple Road, directly across from The Links apartment and golf course project; and as per the CityPlan 2025, it takes on more
of a Mixed Use character. In turn, the homes once slated for this area will be appropriately relocated further away from what will soon become
a highly traveled divided arterial road.
C) General Project Concept -
1) Streets - All roads lead home in Oakbrooke. There are no permanent "dead end" streets, and friendly access is given to all areas.
Connectivity is supplied to all �surrounding developments, both existing and future. The constructed, but temporary cul-de-sac at the north end , of September Stroll is a direct connection to future development to the north. Intersections and streets are designed to be as convenient to
pedestrians as they are to automobiles. Sidewalks are located on both sides on the street to allow interaction among friends and provide safe
passage for children and other pedestrians. Spaces for public gardens and landscaping will be included to create community pride among
neighbors and to help establish a sense of,"place" and "arrival'. Custom signage and lighting will help establish the individual character of
Oakbrooke. No additional public streets will need to be constructed.
OAYDROOKE 3 PLAIIl'I£D ZOTT O DISTRICT
L�
1 2) Site Plan Showing Proposed
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3) Buffer Areas — Oakbrooke is adjoined on three sides by single family homes and apartments; and onee side by agricultural land. The
current PZD zoning and the requested PZD, Oakbrooke 3 maintains its urban fabric by continuing the single family theme. The mixed use
1 area of the community is moved to a more logical location along Rupple Road; closer to the large multifamily PZD across Rupple. Within the
proposed Oakbrooke 3 community, density increases toward the center and at the far northeast area; adjacent to what is currently
undeveloped pasture and again, across from The Links apartment project. The perimeter of the project remains at a density very close to that
of adjacent developments, only slightly higher than the typical RSF4 zoning; offering a seamless and friendly transition from the higher density
core, to the lower density perimeter.
Where practical, garages, some with elevated lofts, are located to the rear of the Lots to move the blank garage door "face" away from the
home. Private space is created in the back and side yards by using the garages as screening devices. Existing fence row vegetation will be
maintained as much as possible between existing projects and the Oakbrooke community.
4) Natural and Tree Preservation - Maintaining existing trees has been fundamental to the Oakbrooke community. Located at the core of the
neighborhood, is a park -like setting of expansive sylvan reserve. Within the boundaries of Oakbrooke 3, all existing trees shall remain.
Therefore, no tree mitigation will be required.
5) Detention and Drainage —Adequate underground
storm water facilities are currently located throughout the=,��`'~
development. Generally, drainage flows north to Clabber
Creek through a natural drainage feature located within the
U
previously described open/tree area located at the core of a
Oakbrooke If necessary, an existing detention pond will be o ti l' �. n
carefully reshaped and naturally enhanced to provide a
detention area that will host a park -like environment for Sewer Line
residents, and make a seamless transition into adjacent —
undeveloped property. I Water Line
6) Undisturbed Areas - Other than grooming and :C7� �..� i ;� Storm Drainage
maintenance of landscaping, and the installation of private
driveways, we don't anticipate having to disturb any of the _ `
existing area. As this is an existing neighborhood, there are ;� t5 a 3 f
no environmentally sensitive features within the project.
�Q r�
7) Utilities -New utilities have recently been constructed
throughout Oakbrooke Phases I and II, in accordance with
OAY R00T i 3 PLAM ZOrMil DLSTPICT
I
1
the previously approved PZD (R-PZD 05-1463 and 05-1555). These utilities link existing developments and provide connection for
undeveloped properties to the north. Other than adjustments of some existing services, a limited number of new service connections (taps) will
need to be installed.
' 8) Development and Architectural Design Standards — The following architectural design standards shall be consistent throughout each
planning area of Oakbrooke.
H
1
Architectural Ideals - The inspiration behind the Oakbrooke 3 is the desire to create a neighborhood of "old fashioned" character, as opposed
to a typical "snout -house" or "McMansion" subdivision. Oakbrooke 3 will offer homes available to a wider range of families from varied
social/economic backgrounds. Large family homes will not over -power beginner, or more
affordable homes.
The architectural review process is set up to interpret, administer and enforce the guidelines. Since
Oakbrooke 3 has been designed with compact building Lots in order to set aside more green space
and to make the community more walkable, in addition to unique guidelines, careful design is
necessary for a successful project. While "mail-order" or "stock" plans used elsewhere are
permitted, it is expected that most homes will require custom designs, most likely will require
significant adjustments in order to meet the Oakbrooke guidelines. Each design will be limited to a
single use within Oakbrooke. However, a successful plan may be used on more than one Lot if the
exterior has been modified sufficiently as to not be mistaken as a duplication of another structure;
unless intentionally developed as a community design element as illustrated (left).
In order to allow a mix of scale and style, Oakbrooke
has consciously rejected the idea of a
pre -designed
portfolio of home plans that a buyer
must choose from. A variety of design sources will
result in a rich organic community of
various home
styles and sizes, and will result in
increased value of all homes.
Oakbrooke 3 homes will take their architectural style from time tested American home design. The Craftsman, Prairie, and American Folk
Tudor homes of the early 1900's through the 1950's are used as design prototypes. History will meet technology as well -designed,
comfortable elevations house the latest in environmentally friendly building practices, materials and certifications.
The design standards for Oakbrooke 3 are intended to offer a palette of design techniques and materials rather than a prescribed "style". The
pre-war houses Hof Southern United States area in particular are used as inspiration for materials, forms and techniques that have proven to
respond well to the unique environmental and cultural characteristics of the region, including large operable windows that recall the time
before air conditioning, when the cool summer breezes were drawn into and through the house. Simple roof lines with an expressed hierarchy
of steeper primary roofs with shallower pitched ancillary roofs or dormers add to expand the roof volume and to allow windows in upper levels.
Restraint should be practiced in the use of complex roof Ines, arched windows, and other features that can be seen as showy or gratuitous.
Broad overhangs that shed water away from the building and offer summer shading should be incorporated. Oakbrooke 3 encourages the
"honest use" of materials and construction techniques. Exterior materials should wrap around the house, rather than be applied only to the
front facade for curb appeal" purposes.
Residences are encouraged to include a functional front porch or stoop that allows an extension of the living space outdoors for the enjoyment
of summer breezes and conversations with neighbors. The front porch is an important part of a house in Oakbrooke. The narrower setbacks
are intended to define an active "outdoor room" along the public environment known as "the street". The front porch will act as an outdoor
foyer that makes a transition from public to private space, and allows residents to converse with pedestrians and neighbors. The front porch
should be of functional size and configuration; a minimum of 6 feet deep, to allow circulation and the placement of furniture.
' The front of the house should allow activities on the porch to be connected through doors and windows to activities within the house. Living
spaces, rather than stairs, bathrooms or bedrooms, should be located adjacent to the porch or the front of the home. Each home should have
usable rooms at the front, as opposed to locating gathering rooms to the rear of the structure. This gives the neighborhood "eyes on the
street" and creates a safer and friendlier environment.
' Homes are located forward on the Lot, or closer to the sidewalk, to create an exterior neighborhood "room" in the street. Smaller side -
setbacks and zeio Lot line placements of structures help create the exterior public space by decreasing the amount of negative space in the
unused side yards. Automobiles are moved from the front of the Lot to the rear. The homes of Oakbrooke say, "People live here; not cars".
✓ Materials shall be appropriate for the particular architectural style -
✓ Human scale architecture and beautiful surroundings that nourish the human spirit -
"Human scale architecture" refers to scale, designed to be pleasing to walking pedestrians as opposed to the high speed driver.
✓ Buildings are located closer to the street -
' ✓ Sidewalks, trails and street trees are utilized -
✓ Building facades are articulated and are not overbearing -
✓ Cornice lines and banding at the various floor levels emphasize and define actual interior space -
✓ Fenestration patterns, cantilevered balconies, awnings and entrances are inviting, protective, and not foreboding -
✓ Traditional Neighborhood Structure -
' ✓ Importance of quality public realm; quality public open space -
9) Building Elevations — Proposed building elevations for each planning area are depicted in section "F) Proposed Zoning and Development
Regulations" below.
OAKDBOOKE 3 PLAID ZOI'IITIG DLSTRICI
D) Proposed Development Phasing =
' Oakbrooke 3 is planned in five phases to be constructed over a seven year period. All required permits necessary to complete the
construction will be obtained within five years from City Council approval of the PZD. Anticipated timing for construction of public
improvements for each phase is as follows...
'0 PA 1 - All permits necessary to complete construction will be obtained within one year from City Council approval. Final Plat
approval shall be obtained within two years of Preliminary Plat approval.
PA 2 - All permits necessary to complete construction will be obtained within two years from City Council approval. Final Plat
approval shall be obtained within three years of Preliminary Plat approval.
• PA 3 - All permits necessary to complete construction will be obtained within three years from City Council approval. Final Plat
' approval shall be obtained within five years of Preliminary Plat approval.*
• PA 4 - All permits necessary to complete construction will be obtained within four years from City Council approval. Final Plat
approval shall be obtained within five years of Preliminary Plat approval.
• PA 5 -. All permits necessary to complete construction will be obtained within four years from City Council approval. Certificate of
' Occupancy shall be obtained within two years of the building permit approval**
PA3, which the largest of the PAs is divided into three areas; East, Central and West. Due to the size of PA3, in effort to minimize costs and
condense construction areas, PA3 could be submitted in three individual Preliminary Plats.
' •• PA5 will likely be constructed as Large Scale Developments. As we do not expect construction of both areas to occur simultaneously, PA5
is made up of two areas which are designated Mixed Use East and Mixed Use West.
E) Proposed Planning Areas =
Oakbrooke 3 offers several types of residential living, home -based business, neighborhood shopping and eating places (though limited), and
open/botanical areas, as depicted on sheet 2, the "Conceptual Site Plan . The community will offer Single Family Residential (attached and
detached), Cottage Homes, and Southern Vernacular Homes, along with Neighborhood Mixed Use.
Proposed Planning Areas -
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F) Proposed Zoning and Development Standards
' Architectural Control - No ranch, contemporary, modern, a -frame, log, or gambrel style structures will be permitted. Oakbrooke is considered
to be a traditional Americana community with an emphasis on TRADITIONAL AMERICAN STYLING. All floor plans, elevations, specifications,
plot -plan showing the orientation of any structure, driveway and sidewalks, contractor, and proposed materials and colors must be submitted
and approved by Tracy Hoskins representative, Oakbrooke Architectural Committee (OARC), prior to starting construction. Once construction
' commences, revisions are discouraged, and must be approved by the OARC. The OARC will keep in its file the original plans and specs as
reference material. Post certificate of occupancy; any modification to the exterior of the home must be approved by the OARC, including but
not limited to any color, hardware, lighting, or cladding changes.
As required by the PZD ordinance, Use Units 9, 10, and 26 are incorporated within planning areas 2, 3 and 4 for the purpose of permitting the
construction of Townhouses as defined in Chapter 151 of the UDC —
Townhouse (Zoning) - Two or more single-family dwelling units constructed in a series of attached units with property lines
separating each unit.
' Townhouse Lots; shall be subject to the regulations of Chapters 151, 164, and 166 of the UDC. No "duplexes" or "triplexes" are proposed.
Further, other than within the boundaries of PA5 (Mixed -Use), no multifamily is proposed.
Though each planning area is unique in form and types of housing, they maintain very similar development regulations. Each home will have a
private Lot for personal exterior space. Front setbac s are typically delineated within a "build to zone". However, for those Lots fronting a
' public street, it is the intent for the front of the structure to be set at 14 ft. from the front property line wherever it is practical to do so. For side
setbacks, a "Zero Lot Line" regulation is incorporated. The purpose for zero side setbacks is to allow the structure to be shifted to one side of
the Lot, thereby creating more usable exterior space within the side and rear yards, as opposed to dividing the side yard into two narrow strips
down both sides of the structure as is typical, which are unusable for any practical purpose and often become storage areas. 10 ft. of
' separation must be maintained between homes; therefore orientation of each home is monitored as to not eventually create an unbuildable
Lot. Garage structures which are not attached to or incorporated into the primary structure are not subject to separation requirements and may
share a common; wall with their neighbor, however, appropriate fire protection (separation) or firewall must be incorporated into the structure.
Parking - Each dwelling shall incorporate parking for a minimum of two (2) cars. Garage openings may face a public or private street.
However, they should be accessed from the rear or side where practical. Where space permits; garages should be detached and located to
the rear of the Lot, as close to the rear property setback as possible. Under special conditions, this covenant may be modified by the OARC.
Yard Space Restrictions and Building Locations - The most forward point on the front of the house, inclusive of porches, shall be constructed
1 at the property's front building setback line. Under special conditions, this covenant may be modified by the OARC.
Roofs - All structures must use tile, wood shake, architectural metal or 20-year composition architectural shingles, and must have a minimum
of a 4112 pitch. Any roof less than a 4/12 pitch, and metal roofing must be approved by the OARC.
' Exteriors - The foundations must be constructed of substantial materials such as brick or stone. Concrete block foundations should be
veneered with brick, stone, or dressed with landscaping. Exteriors of all structures should be wood or concrete board siding, brick or stone, or
other natural materials. Incorporation of recycled materials is strongly encouraged. All chimneys should be brick, stone, or stucco. No vinyl or
metal (excluding gutters, downspouts, roof edging or trim), will be permitted. Exterior Insulation and Finish Systems (EIFS) may be used only
t with speck prior approval of the OARC. Though vinyl windows are permitted, the OARC encourages the use of wood type windows. Finish
floor elevation must be a minimum of eighteen inches (18") above finished grade at the front of the structure, exclusive of garages.
Yards and Landscaping - All yards shall be fully seeded and strewed, or sodded within sixty (60) days of a Certificate of Occupancy being
' issued by the City of Fayetteville. In effort to promote year-round green lawns, Fescue Plus or similar grass is encouraged; while Bermuda
grass is discouraged, and must be specifically approved by the OARC. All dwellings shall be landscaped with a landscaping package that is
appropriate in design and color for the design of the dwelling. Each Lot shall have a minimum of one "street tree" located on center between
the back of curb and the public sidewalk. The OARC shall determine the species of all street trees.
' Common and Garden Areas — There will be various Common Areas, Pocket Parks, and Botanical Gardens throughout the Oakbrooke
Community. These areas will boast highly landscaped gardens, lawns, and features such as Gazebos and possibly mail kiosks. Some of these
areas will be owned by the Oakbrooke Property Owners Association (OPOA), while others will be in the form of dedicated Landscape
Easements located on private Lots. In either case, these areas shall be maintained by the OPOA and under the direction of the OARC.
Lot Maintenance - All Lots shall be kept in a sanitary and attractive condition, and the Owner or occupant shall keep weeds controlled and
grass thereon cut and neatly maintained. In no event shall any Lot be used for storage of material or equipment except for normal residential
purposes (except for during construction of residences or other structures.) Construction sites shall be kept neat, safe, and clear of debris at
' all times. Construction materials should be kept to the rear of the Lots, obstructed from view, whenever possible. No burning of garbage,
trash, or refuse is allowed (except for during construction of residences or other structures as permitted).
Sight Distances at Intersections - No fence, wall, hedge, or shrub which obstructs sight lines at intersections in the subdivision shall be
permitted.
' Visual Screening - All clotheslines, equipment, garbage cans, woodpiles, refuse containers, storage piles, and household projects such as
equipment repair shall be screened by fencing, so as to conceal them from view of neighboring Lots or streets. All rubbish, trash, and garbage
shall be kept in sanitary refuse containers with tightly fitting lids and shall be regularly removed from the Lots and not allowed to accumulate
thereon.
1 OfflMPOOME 3 PIED Z0106 DI.STECT
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Temporary Structures - No trailer, tent, shack, garage, barn, recreational vehicle, mobile home, or other outbuilding shall be placed,
constructed, erected or allowed to remain on a Lot if it is being used for human habitation either temporarily or permanently. This regulation
excludes temporary Lemonade Stands, which are HIGHLY encouraged.
=� Storage Buildings - No detached outbuildings may be constructed without prior written consent of the OARC. If consent is granted, detached
storage buildings may only be placed to the rear of the house, no closer to side Lot lines than the sides of the primary stricture. All storage
buildings shall use same roof and wall materials as used on the house and be of similar design.
' Fencing - Fencing of front yard is prohibited, other than decorative fences or landscape walls. Front fences shall not to exceed forty-two inches
above finished grade. Chain link or wire fencing shall be permitted only with prior approval from the OARC. All chain link or wire fencing must
be screened by landscaping when visible from any street. All wood privacy fences shall have the good side turned toward the outside of the
Lot. That is; the framework that supports the fence is to be facing inward toward the back yard. No privacy fencing shall exceed six feet in
height. Any fending, walls, or landscape walls located between the street and structure must be constructed of brick, stone, iron, or wood
(picket type); complementary of the structure, and must be approved by the OARC.
Heating and Co (ling Devices - No structure on any Lot shall be permitted to have a heating or cooling device located in a window or any other
opening which can be viewed from the street or adjoining Lots, or adjoining land owners. This restriction does not apply during the
construction of the structure.
Mailboxes - Mailboxes will be installed upon each property. The particular design shall be designated by the OARC.
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Planning Area 1 (PA1) - Single Family Residential
PPal-:
(a) Permitted uses
unit 1 City-wide uses dwelling
Unite Sirglafanly tlwdling
Unit 41 Acce sory Dwelling
(b) Conditional uses.
_ Unit City-wide uses by mind. tare permit
Unit 4 Cultural aid recreational facilities
or
unit 24 Itneatndancons
In accordance with 84.19 of the UDC
The Single Family residential planning area of PA1 is designed to permit and
encourage the developing of single family homes, in a traditional (as opposed
to contemporary) Lot line environment. Each home will have a private Lot for
personal exterior space. Front setbacks are delineated within a "build to zone"
of 0 It to 25 ft. However, for those Lots fronting a public street, it is the intent
for the front of the structure to be set at 14 ft. from the front property line
wherever it is practical to do so. The lower density of PA1 serves as a buffer
between the somewhat higher density core of the Oalibrooke community and
adjacent RSF4 developments.
Images Appropriate for PA1
Homes currently built within PA1 -
,�7m N
(c) Density
Acreage - 541 Acres
Number of dwelling unts -28 Units
Density per acre - 52 MAX.
Bulk and area regulations
(it) Lot width minimum per dwelling. (ft)
Singlefarrily -35ft
All Other Uses -None
(a) Lot area minimum per dwelling. (sq. ft.)
Single -(artily - 3500 sf
Other Uses - None
(f) Land area per dwelling unit. (Sq. ft.)
Single-family - 3500 sf
Oilier Uses - None
(g) Setback requirements. (ft)
From a[" B2K
0 ft to 25 fP 10 it— fait
'rile principal facade of a building shall be bull within a buld-to
zone that is located between the front property line antl a line 25
ft. from the from property line
"Detatlwtl strucves may be located a the side property line, or
-Zero Lot Une- side setback. D'rdnrrum distance between
detacre l Fortes. Does not apply to garages whicte are detected
from tie pnmery structve.
(h) Height regulations - -45ft
(i) Building area- -65
Site Planning
(j) Landscaping - Per Chapter M of the UDC
(k) Parking. - Per Chapter IM of the UDC
(I) Architectural Design Standards -
Refer to section C (8) of ins booklet.
(m) Signago -
As mer) bestowed! for homy 000paiore or per ChWter 174 of
the UDC
so ■■ l• 1 t I l. MM
Ut
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.BVlone 3& 31WS4
Paradi Paradig e
MOM 3 PLAM ZOM6 D15TECt
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' The Cottage Home planning area is designed to permit and encourage the
developing of new single family homes in a historic village or "clusteP
environment; much like the downtown area. Cottage Homes arranged in a
more random placement pattern, some could potentially be attached. This
' arrangement typically provides for less consumption of open or green
spaces, and reduces hard surface paving. Homes would be constructed and
sold on individual, but more compact lots of similar size and use, most facing
a highly landscaped common lawn/botanical area.
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(a) Permitted uses
Unit City-wide Was by nghu
unit Smgle4anly dwelling
Unit 41 Accessory Dwelling
In accordance with 154.
S of the UDC
(D)
Conditional uses.
Unt2 City-wldeusas by curd.
useparmt
Unit 4 Culture and recreational
facilities
Unit 24 Fbnaocunpatione
(c)
Density.
Acreage
- 1,66 Acres
Number of dwelling units
- 10 Units
Deaity per erne
-7.6 Max.
(d)
Bulk and area red ulatlo
Lot width minimum per dwelling.
he
fit)
Single fanny
- 34 It
Townlomas
- 24 ft
All Other Uses
-None
(a) Lot area minimum per dwelling. (W. ft.)
Single-famly - 3200 at
Townhomm - 2200 at
other Uses - None
(f) Lend area per dwelling unit. (sq. ft.)
Single-fanly - 3200 at
Townomss - 2200 at
Otte Usm - None
(g) Setback requirements. (n)
Front &" a= Fromine
0 ft to 25 ft' Oft-- Aft Scree
Oft Oft" Oft Common lawn
principal fapde of a building shall be Dult within a build -to
Zone that is located between the from Property line and a line 25
ft. fromthe from property lire.
"Detected Structure; may be located at the side property line, or
'2ao tat Una sidesetback. O'mrtimandiatencu Detwean
detached hones. Dom not yply to geragm wnirh we detached
from the printery Wrui
(h) Height regulations -
(1) Building area -
-45ft
- M%
Site Plannina
(p Landscaping - Per Cherner 177 of tie UDC
(k)Parking.- Per Cragter In of theUDC
(1) Architectural Design Standards -
Reer to section C (S) of thus booklet.
(m) Signage -
As net/ be glowed for horn ooatpatiorm or perChWter r74 of
tre UDC
Front setbacks are delineated within a "build to zone" of 0 ft to 25 ft.
However, for those lots fronting a public street (Lots 1 and 14), it is the intent for the front of the structure to be set at 14 ft. from the front
property line. Homes located on interior lots facing the common green located at the core of PA2 shall be set back 10 ft from the property line
Homes should incorporate a usable front porch or stoop, and should be oriented to face the central common lawn. As with all homes located
within Oakbrooke, facades should be designed to address the view from the public street as well.
No more than 3 consecutive units may be attached. In effort to eliminate the appearance of a monolithic front wall, any attachment shall occur
in relief behind the primary fagade of the home. No more than three groupings of three attached structures shall be permitted within PA2.
Building coverage on individual lots is typically higher than is typical as would-be rear yard space is transferred to common green space at the
front of the homes.
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Rear yards (and related maintenance), massive setbacks, and individual concrete drives are traded for a common lawn (maintained by
others); or, a more thoughtful use of the land for those who do not wish to have to maintain a private yard. Buyers have more opportunity of
lowering the cost of becoming a homeowner by not having to pay for land they receive little benefit from, and lower costs of ownership by
having to maintain less out of their own pockets.
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Planning Area J — Southern Vernacular Homes
The Southern Vernacular Home planning area is designed to permit and
encourage the developing of single family detached and attached homes in a
more regimented row house pattern. Each home will have a private Lot for
personal exterior space and will front a public street. Front setbacks are
delineated within a "build to zone" of 0 ft to 25 R. However, for those Lots
fronting a public street, it is the intent for the front of the structure to be set at
14 ftfrom the front property line wherever it is practical to do so. Rear access
is not provided to those Lots where significant tree removal would be
necessary in order to provide a rear drive configuration.
Images Appropriate for PA3
7111111111111
PR3 -5
(a) Permitted uses
Unit City-woeusesby right
unite Single-famly dwelling
rownoo65 (no morethiI untsattache0) -
ReWncled to lilts 53-66, 82-69 and
Unit Two-family dwellings
Rewncfed to townhoi no morefhanoneunf carrier
Unit V Tiveef ally dwellings
ResYncted to fownho uses, no more f W ore unit per lot
Unit 41 Accessory Dwelling
In accordance with 164.9 of tfle UOC
(h) Conditional uses.
Unit City-wideusesbycord. isepermt
Unit Cutera and recreational fecilities
Unit 24 Homeoccupaliors
(c) Density.
Acreage - 15h3 Acres
Number of dwelling was - 16 Units
Density per acre -4B6 Max.
Bulk and area regulations
(U) Lot width minimum per dwelling. (n)
Suiglefanly -32n
Towmonles - 24 it
All Otter Uses -Note
Is) Lot area minimum per dwelling. (sot. ft)
mole-fanly -3700V
Towm'omes -2700V
other Uses - None
(1) Land area per dwelling unit. (so. ft
Single -fault' 37009
Towrromaa - 2700 of
other Uses - None
(g) Setback requirements. (ft)
Front aim Rear
0 it to 25ft- Vit— Oft
'Tre prmi facade of a bulling Shill be bull within a build to
zone tal is locate) between tie front property line ad aline 14
it fromihefrompropertyllne.
-'Dwactel strudam maybe located a na side property line, or
"Zero Lot Lind' sidesetback 10' minmmdistancebetween
dwaGel Fom09. Doee rot apply to garages wha ere detaGtel
from the primary structure.
(h) Height regulations - -45ft
(i) Budding area - -65%
Site Planning
Q) Landscaping Per Chapter to of the UDC
(k) Parking. - Per Chapter 172 of the UDC
(1) Architectural Design Standards -
Raer to section C (6) of Ins booklet
(m) Signage -
As maybe allowed for hene omyaiols or pw Chapter 94 of
the UDC
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Planning Area 4 — Park Court Homes
The Park Court Home planning area is the most unique of the residential
planning areas,
incorporating
detached housing
along the public
streets and the
opportunity for
attached housing
of unique design
within the interior
of the PA
Lots fronting the
central gardens at 111�111
the center of the I mow
planning area are
expected to be
attached housing — with a zero front
setback. Lots fronting the public streets will provide a smooth transition
between the attached to the less dense areas across the streets and along the
perimeter of
ud' Oakbrooke.
For those lots
fronting a public
street, front
setbacks are
delineated within a
"build to zone" of 0
It to 25 It
However, it is the
intent for the front
of the structure to
be set at 14 ft,
from the front
property line
wherever practical.
Homes on interior
lots 12 through 20 fay
(a) Permitted uses.
Unit City-wideuses by right
Uni19 Single-family dwelling
Townhomes;oxf moriffhan5untsatwll9d)-
Restodeof to Lots fronting the Common Lawn
Urnt 9 Two -fa ly dwellings
Restnaed to townhouses, no mom than one unit per lot
Unit 10 THee-famly dwellings
Redb7cl94 to townouses. nomere t hen one unit pw lot
Unit 26 Mull-fanly
Res'tacle0 to townhouses, no dam loan ore unit per lot
Unit 41 Accessory Dwelling
In wcordwre with 154. B of the UDC
(b) Conditional uses.
Unit City-wide tees by corn use permt
Unit Contest ano recreational laulilies
Unit 24 hbrte occtpatione
(c) Density.
Acreage - 3 8 Ares
Number of dwelling uts-25Unis
Density per are -0.5e Man
Bulk and area reaulallam
(d) Lot width minimum per dwelling. (ft)
Smglefwnly -3a ft
Townromes - 24 ft
All 011sr Uses -None
(a) Lot area minimum per dwelling. (sq. It )
Single-family - 3500 s1
TowrMmss - 2250 sl
Ctier Uses None
If) Lard area per dwelling unit. (W ft)
Snglefanly -3500M
TowMorres 22W of
Dfrer Uses None
(g) Setback requirements. (fp
Front g!" -Rm Fronbne -
0ftto25ft' Dft. 20 ft Shea
011 nfP' 21t Lawn
'The primpal fa;w1e of a bolding "I be bolt witinn a bold -to
zonethet is located between the front property lme a d a lme 25
if from the frond property line.
"Cautioned structures; may be localho at Ihe side property line, or
'zoo Lot brier side satbadc O' mnmmdistancebaweart
del noted homes. Does not apply to gwages whW we del aced
from Ile pnmary structure
(h) Relight regulations - -45ft
(i) Building area - -TD%
Site Plannlno
(j) Landscaping . Pw CWtw I r of the UDC
(a) Parking. - Per Chapter 92 of line UDC
(1) Architectural Design Standards -
Refer to section (9) of Ins bookie.
(m) Signage
As may be allowed for home occupations or per Chapter V4 of
tre UDC
inn the rnmmnn nrppn InratpA of the rnrp of PA9 churl
set back 0 It from the property Ime.
While street front will be very similar in design and scale to those within adjacent PAS, the focus of PA4 is placed heavily on those homes
lining the highly designed, and more intimate central gardens.
As in PA2, garden front homes are designed primarily to provide the option for home quality home ownership without the Cost and
maintenance of a large lot and structure. This shared area is professionally managed, creates a high level of potential community interaction,
and a safe place for children to play as parents Can keep a watchful eye over the contained space just outside their front door. Owners of the
Park Court homes will enjoy quality exterior space, but without the personal headaches.
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' Planning Area 5 — Mixed Use
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The Mixed Use planning area is designed primarily to provide convenient
"lifestyle" shopping, services, eateries and employment in the same area
with living spaces for the people who support them. Apartment or loft
structures may include compact 1s floor commercial spaces with office or
living space above. This planning area is designed to permit and encourage
the developing of charming Neighborhood shopping conveniences such as
corner market, soda shop, or deli. A neighborhood Pizzeria, Soda Fountain,
Bakery, Fitness Studio, or even a Police Substation may occupy ground
level floors. Loft homes could potentially be sold as the house "footprint"
more commonly known as a "Horizontal Property Regime" or "HPR".
In keeping with the other PAS of Oakbrooke, front setbacks are delineated
within a "build to zone" of 0 ft to 25 ft. This setback is relative to Starry Night
View, while the setback from Rupple Road shall be 50 ft.
While the mixed use building in PA-5 would address Rupple Road
architecturally, the main association would be with Starry Night View. The
building would be pulled as close to Starry Night as possible to create the
walkable environment desirable in the Oakbrooke community. The higher
speed limit of the automobile oriented Rupple Road would not work well for
pedestrian oriented sidewalk cafe styled shops.
The east structure will consist of ground level compact shops with
apartments or "flats" above. The west structures, which will be of smaller
footprint, are expected to be very similar in architectural style and use, but
may have living spaces at ground level. Maximum intensity of commercial
space is limited to only 12,000 square feet for all structures within PAS.
Compact shops are expected to be somewhere between 1500 and 2000
square feet.
PA6 - Mixed Use
(a) Permitted uses.
Unit 1 Clty-widemosbynght
Unit Cultural and recreaional localities
Unit Single-family dwelling
Unit Two-family dwellings
Unit 10 Thee -family dwellings
Unit 12 Offices, studios& related services
Unit ❑ Eating places
Unit 15 Neighborhood slopping
Unit 24 Ibme occupations
Unit 25 Professional offices
Unit 26 Man famly
Unit 41 Accessory Dwelling
In accordance wife t64 19 of the UDC
(b) Conditional uses.
Unit City-wide uses by miWare parent
(c) Density.
Acreage - 192 Acres
Number of dwelling unis -31 Units
Densely Per here - 18.LMert.
Sf of non-residential mas - 12,000 M
Intermit(sq ft per acre) -82W of
Bulk and area regulations
(d) Lot width minimum. (ft)
Single femly - 34 n
Two -fancy -24 ft
Thweefamly - 24 ft
All Other Uses -N/A
(a) Lot area minimum. (sap. ft)
Residential Uses -34009
Two-family - 2400 M
Tnieafamily - 2400 M
All Olfer Uses -N/A
(f) Land area. (sap. ft)
Single-family - 3400 It
Two-family - 2400 sf
Tiirmfamly
No bedroom - 1000 M
Ona bedroom - 1000 sf
Two or morebedroonm - 1200 sf
Otber Uses - NIA
(g) Setback requirements. (ft)
Frain Slffa am Frontline -
0ftto2511' Oft Vft Starry Night
o it to Wit' Oft loft Rupple Rd
-The principal facade of a building shag be bnilt within a bald -to
zone that is located between the front property lire and a litre 25
ftfrom the front property lire along Starry Night view: and the
front property line and a hits W ft ffomtlefroni
(h) Height regulations - -4511
(i) Minimum buildable street Frontage - BDlYl0a-
W56of lot width -Starry Night
40%of lat width - Rupple Rd
Site Plannlna
(j) Landscaping - far Chwtw Mot the UDC
(Id Parking - Per Chapter 172 of the UDC
(1) ArcMtacturel Design Standards -
Refer to aectlon C (8) of this bookkt.
(m) Signage -
Sign s stall bepermned paswni to Chapter V4. oniy oieon-
aitaireesteridirg Sign Nall be perntted on a lot, provided only
oneon-fi efreeslanding Nall be permitted for any business
twoorlmreadfoining lots Pole signs we prohibited! Monument
ogre and wall ugm shalt be pwmttW in aaordance wit h t he
mnnedd zonng dislnq Projecting signs shall be permitted in
accordance with Charter 174 11 Probing Signs
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G) Zoning Comparison Chart
(B) Uses
(1) Pwaitted uses.
Unit
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit
Single-family dwelling
Unit
Two-fanilydwellings (Townhomes)
Unit 10
Three-farrilydwellirgs (Townhomes)
Unit 12
Offices,studios& related services
Unit 13
Eating places
Unit 15
Neighborhood stropping
Unit 24
Fbneoccupations
Unit 25
Professional offices
Unit 26
M ulti-farnily (Townhomes, except PA5)
Unit 41
Accessory Dwelling
In accordance with 164.19 of the UDC
Phases I and II
Proposed Zl11oning
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PA-1 PA-2 PA-3 PA-4
(2) Conditional uses.
Unit 2 City-wide usesareenertl. use perm[ Lots i
Unit Cultural and recreationalrr facilities Cuen;tly use by right
Unit 24 Fbmeoccupatiors Lots 1. 109
(C) Density (max.dwellirgumisperacre)
All Dwellings 3.4 5.2 1 7.8 1 4.8 F 16.2 4.8
(D) Bulk and area regulations
(2)
(3)
Single-family
Two -(artily
Three-family or more
No bedroom
One bed room
Two or mere bedrooms
Other Uses
47
47- lots 56-73
47- lots 56-73
6 1 - Lots 52-54
5000
5000
72000 -Lots 52-54
Varies
5000
5000
12000 - lots 52-54
(E) Setback requirements (it)
All Front 16-
uses
Side 12"
withn - Rear 10
PA-1 PA-2 PA-3 PA-4
35
34
32
38
24
24
24
none
none
none
none-
13500
3400
1 3700
3500
2400
2700
2250
none
none
none
rrne
xx
xx
rr
rr
PA-1 PA-2 PA-3 PA-4
0-25-
0-25-
0-25'
0-25'
10--
10"
At"
10.
76
10
10
1 2-20
PA-5 Unchanged
xx
err
PA-6 Unchanged
0-50 14-
0 12
10 10
'The principal fayade of a build ing shall be built within a build -to zone that is located between the from property line and a line 50 ft. from the
front property line.
--Delached structures may be looted at the side property line,or -Zero Lot Urer side setback. 10' rninimrn distance between detached homes.
Does net apply to garages wldch are detached from the primary structure.
(F) Height regulations - (exclusiveof basements) (it.)
(G) Building area PAs 1 thru 4 -
# Minimum buildable street front -
(H) Maximum Dwelling Units -
(I) Maximum Intensity Non-residential - (sq.ft.)
56.5
60%lots 29-55, 74-
79; 95%Lots 56-63
109
45 1 45 1 45 45
85% 70% 65% 70%
B0 58.5
# 40% No
50% Charge
31
12000
17
I
H) Recreational Facilities and Open Space and Accesses —
Oakbrooke (like other high quality communities) will contain landscaped and maintained entry features. However, Oakbrooke will also contain
pocket gardens and civic green spaces to be used by any and all residences. Located in various public areas, pocket parks, botanical
gardens and public lawns will feature park benches, beautiful landscaping and possibly a picnic table or two; providing places for interaction
among neighbors. Open green spaces are provided where a more active use of the space is desired.
The largest and .one of the most beautiful areas in Oakbrooke will be the previously described forested area between Neighborly Way and
September Stroll. Much of his area will become available for many community uses including a walking trail and water features. Eventually,
the removal of two constructed earthen dams will give way to an open civic space that could feature a community center or neighborhood pool
flanked by friendly landscape gardens.
1) Reason for Requesting the Zoning Change -
We are requesting this zoning change in effort to more clearly define the variety of housing and mixed use options in the Oakbrooke planning
areas. To truly offer a sustainable neighborhood containing some homes defined as "homes within reach", Lot sizes must be modified in a
various ways. Many Lots stay the exact same size as the previous approved zoning. Some Lots in PA-1 become narrower making them more
affordable and more desirable to senior citizens. PA-2 is designed to allow housing options that provide opportunities for more public "green"
or landscaped areas. Civic pride is far more apt to happen in a community that actually provides real space for that to develop. The previously
approve multi -family area located within the interior of Oakbrooke is now referred to as PA-3 and is given the option of expanding to more of
the surrounding interior Lots. The existing Lots in the area designated as PA-4 would be redesigned to offer more compact and maintainable
Lots without giving up a high quality exterior environment. The previously approved area that allows for mixed use activities was located
toward the center of Oakbrooke. It has been moved to the east edge along Rupple Road and designated as PA-5. We see this as a more
logical location considering recent changes in zoning regulations, specifically CityPlan 2025 and changes in the immediate vicinity including a
large multifamily project and improvements to local infrastructure; yet the Mixed Use element remains a very walkable distance from all
residences in Oakbrooke.
J) Relationship to Existing Surrounding Properties -
Oakbrooke
3 will
exist within the boundaries of the existing Oakbrooke
development.
All streets are existing
and connect to the surrounding
'
properties.
11
I
I
I
LI
Oakbrooke is bordered on the north by agricultural land zoned RSF-1 and part of the Bridgeport subdivision zoned RSF4. To the east is
Rupple Road and The Links project zoned RPZD, consisting primarily of multifamily apartment buildings. To the south is the Bellwood
subdivision zoned RSF4 as is Bridgeport located to the west.
Oakbrooke will act as the perfect buffer between the traditional subdivision design of Bridgeport and Bellwood and the large scale of the Links
apartments.
K) Compliance with Fayetteville City Plan 2025 -
Oakbrooke will be one of Fayetteville's first communities to make strong steps toward achieving the community design goals set forth in the
City Plan 2025. Oakbrooke is an appropriate infill project and is not suburban sprawl. Traditional town forth is the design concept for
Oakbrooke with' particular features and design principles employed to achieve community character, a quality walkable environment and
strong "sense of place . The design goal of Oakbrooke is to create a healthy and a sustainable community. To that end, Oakbrooke is
planned to contain a wide range of housing opportunities and options. A neighborhood is healthy when it is accessible to people from varying
sociological and,economic backgrounds. For this to happen, both larger and smaller dwellings, "housing for all", must be made available AND
obtainable. This PZD request is to allow more flexibility in Lot size and configuration in effort to allow a greater variety of housing options while
maintaining a high level of architectural control of the built environment.
♦ Walkability - Pedestrian -friendly street design: buildings and porches, close to tree -lined streets, human -scaled windows and doors,
hidden parking, rear entry or alley accessed garages, narrow, slow -speed street geometry.
From its very inception, Oakbrooke has always been a "people first" community. Sidewalks, protection trees and human scaled
architecture are all central to Oakbrooke.
• Civic Uses - Special placement of civic uses and green sites within community. Oakbrooke has a variety of human scaled and civic
scaled exterior gathering spaces. All diligently planned and designed.
♦ Connectivity - Interconnected street modified grid -type network disperses traffic and eases walking; high quality pedestrian network
and public realm making walking 0worth the walk".
• Mixed -Use and Diversity - Incorporation of a minimal amount of small shops, potentially including a neighborhood market, home
based offices, flats, and variety of homes, on site; mixed -use within neighborhoods, within blocks, and within buildings; diversity of
I
K
I I
people, of all ages, classes, cultures, and races; Mixed Housing; a range of types, sizes and prices, in closer proximity; housing for
everyone.
• Quality Architecture and Urban Design - Emphasis on beauty, aesthetics, human comfort, and creating a sense of place.
Human scale and historical accuracy are design goals for the structures of Oakbrooke. The community is designed for people and
not for cars. Timelessness and quality within reach are fundamental.
L) Traffic Study -
Due to the
orientation of Oakbrooke to surrounding
developments, any potential increase in traffic will be of no
effect. The subdivisions
neighboring
the Oakbrooke community are currently
enjoying easier access to and from their homes due to the
interconnected streets of
Oakbrooke.
This easy access will be maintained.
I
I I
11
I
M) Impacts of City Services -
Because Oakbrooke 3 is proposed within the existing conditions of Oakbrooke the impact on services will be negligible. Water, sewer and
other services are currently in place and future alterations will be minimal. With the completion of improvements to Rupple and Mt. Comfort
roads, Oakbrooke's potential impact would be negligible. The development is within the Fayetteville Public School District.
N) Statement of Commitments -
1) Dedication -
a. Parks —A request to offer fees in lieu of land dedication has been approved for Oakbrooke.
b. Streets and Utility — All proposed streets are complete and functioning at this time. Most utilities are in place and require only
minor modification with the approval of the Oakbrooke 3 PZD.
c. Green Space — The green spaces shown on the PZD will be commonly owned by the OPOA.
2) Onsite and Offsite Improvements - Most of the development infrastructure is in place on the site. Offsite improvements include fees for
cost share of a future bridge over Clabber Creek located north of Oakbrooke.
3) Natural Resources and Environmental Sensitive Area - No environmentally sensitive areas or natural resources exist on the site besides
the existing trees now located in the tree protection area. The developers of Oakbrooke are committed to preserving the natural resources of
our city and therefore the tree protection area will remain in place and be accessible to the public for the enjoyment and inspiration it offers.
4) Project Phasing Restrictions - The developer is committed to following the phasing outlined in Section D) Proposed Development
Phasing and Time Frame.
5) Fire Protection - This community will be served by the Fayetteville Fire Department. The closest station is located south of the
development on Rupple Road.
6) Other Commitments Imposed by the City - There are currently no other commitments imposed by the City.
7) Parks, Trails, and Open Space Commitments - Tree preservation and protection will be implemented in accordance with the City of
Fayetteville Code of Ordinances Title XV Unified Development Code: Chapter 167 Tree Preservation and Protection.
8) Proposed Preliminary Building Elevations (Residential and Commercial) - Reference Architectural Elevations are included with each
Planning Area. Any future structures built within the Oakbrooke community will coordinate with and be of equal or better architectural design
as the existing homes already in place in Oakbrooke.
O) Development Standards, Conditions, and Review Guidelines -
1) Screening and Landscaping - While it is true that the Oakbrooke community is bordered on the west and south by traditional subdivisions,
B is our expectation that this proximity will not be a detriment to the design intent of Oakbrooke. In effort to achieve the goal of creating a
"sense of place, entrances to Oakbrooke will be clearly established with signage and landscape features.
2) Traffic and Circulation - Access to and from the Oakbrooke community is existing and consist of two entrances from Rupple Road to the
east, one access to Puma Place to the north, and two access point to the south at Hazeltine and Oakhaven Place. There is also a planned
future extension north from September Stroll.
3) Parking Standards - Residential parking will be provided for each home through the use of garages, carport, or driveways. It is our desire
to make use of permeable parking surfaces where possible. With the addition of rear alleys in, various areas, curb cuts along the streets will
be kept to a minimum. It is an original concept design idea to keep vehicles out of public spaces. There are no packing spaces in the front
areas of Oakbrooke homes and garage doors do not become the major architectural feature of the individual homes.
•�UI!••!f ' � Ifil • II / !
' 19
' 4) Perimeter Treatment - In effort to increase the friendly atmosphere and promote a strong community, there is no privacy fences planned
for the perimeter of the Oakbrooke community. Future individual home owners will be allowed to add fencing with the approval of the OARC.
' 6) Sidewalks - Sidewalks are designed and will be constructed along both sides of all streets in Oakbrooke. Sidewalks will continue with the
same parameters as the previously constructed sidewalks of Oakbrooke; seven feel of green space containing street trees behind all curbs
and four feet of pedestrian sidewalk. Additional sidewalks will be installed by the Developer at feature locations such as pocket parks,
botanical areas and the common greenspaces.
' 6) Street Lights - Street lights will be provided to meet city standards along all public streets within the development.
7) Water - Public water lines are currently constructed within Oakbrooke.
' 8) Sewer - Public sewer lines are currently constructed within Oakbrooke.
9) Streets and Drainage - All public streets planned for Oakbrooke 3 are currently constructed. The drainage system for Oakbrooke is
complete and functioning. The system will be modified as may become necessary to more efficiently and accurately handle all drainage
' needs. I
10) Construction of Non -Residential Facilities - Construction of non-residential facilities will be limited to the small mixed -use area of PA-5.
This area is located along the newly widened Rupple Road, across from "The Links at Fayetteville"; a substantial PZD of apartments. This
structure will follow the same architectural flavor of Oakbrooke 3, and have adequate parking about the structure. Oakbrooke 3 is also
' planned to have community pavilions and gazebos strategically located in the community. These small structures would be maintained by the
Oakbrooke POA'and permitted as required by the city.
11) Tree Preservation - The existing Tree Protection area of Oakbrooke 3 will remain unchanged from the original PZD.
' 12) Architectural Design Standards - Architectural standards will be maintained by review of all proposed structures by the OARC. Homes
and commercial structures in the Oakbrooke community will be classic American architecture and materials would be appropriate. Prairie,
Craftsman, Federal, Greek Revival, Neo-Classic or Georgian homes would establish the level of quality and historic detail which would
' reinforce the high standards of Oakbrooke. The finished floor elevation of a single family or multi -family unit shall be a minimum 16 inches
above sidewalk elevation to insure privacy for the occupants of the dwelling. Homes should be oriented to face a public street when available.
If no public street is available, then homes should face a specially designed "court" or "park".
Landscape areas, gardens and lawns are as architecturally important as the homes themselves. Lots with steeper slopes should incorporate
' landscape walls constructed of substantial materials such as stone or brick. The use of materials such as landscape timbers or interlocking
concrete units are discouraged and must specifically be approved by the OARC. All landscape walls should be located a minimum of two feet
from a public sidewalk and should be limited to twenty four inches in height above the sidewalk. As may become necessary in some cases,
walls may need tI o be constructed closer to the sidewalk and higher than twenty four inches.
' The integration of varied land uses within Oakbrooke requires a common architectural vocabulary. The consistent use of compatible urban
design and architectural elements helps to relate individual structures to other structures resulting in a coherent overall development pattern
and streetscapei All development in Oakbrooke must be consistent with these architectural objectives and standards. All designs must be
approved by the OARC. -
' 13) Signage - Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code and subject to
regulations specific to each proposed planning area as outlined above in section (F) Zoning and Development Standards.
' 14) View Protection - We are not anticipating that any improvements to this community will adversely impact any view of surrounding
properties.
15) Revocations - The developer understands causes for revocation and will take all measures necessary to avoid revocation.
' 16) Covenants, Trusts and Homeowner Associations - A property owners association will be established as appropriate to undertake the
responsibilities of maintaining areas of the Oakbrooke community not owned or respectively maintained by the City of Fayetteville. In the
event that a common open space is deeded to a property owners association, the developer will file a declaration of covenants and restrictions
in the Guarantee that will govern the association. Dues will be collected to pay for maintenance and upkeep of all commonly held open areas
' and landscape features.
' P) Intent/Purpose of PZD Ordinance
The PZD Ordinance provides the project with the opportunity to create an authentic and unique infill community capable of being socially,
environmentally and economically sustainable. Utilizing the PZD process allows for modifications to traditional zoning requirements which
permits the developer to "raise the bar' of community design. "Fear Based Zoning" creates subdivisions designed to the lowest common
' denominator. Homes are forced into the "snout -house" configuration and developments take on the "track house' pattern which became the
norm in the last several decades. The PZD allows the opportunity to break free of unnecessary restrictions of the past and create
communities based on people rather than worries. If the things that truly make us rich are the lives we touch and people we invest in, then the
most sustainable and rewarding amenity we could create would be a community. If privacy is the only asset of a subdivision, each new home
' deteriorates that i asset. If you design a community, each new home increases that amenity.
OMIZOOYi 3 PLATIlY£D ZOMO DLSTBICT
i zo
+' `if buildings are beautiful, higher density compounds that beauty. Conversely, if buildings are
ugly, then higher density compounds that ugliness."
- Vince
' "Higher density housing offers an inferior lifestyle only when it is without a community as its
setting."
' - Andres Duany
"Nothing will ever be attempted if all possible objections must first be overcome."
- Samuel Johnson
' "What's bad about sprawl is not its uniformity, but that it is so uniformly bad."
- Jim Kunsltier
"Consensuslis the absence of leadership."
' - Margaret) Thatcher
"The suburb fails to be a countryside because it is too dense. It fails to be a community because it
is not dense enough."
- Unknown!
"As we all know, architecture and urbanism, unlike other specialties, such as surgery and biology,
are susceptible to being valued, criticized and even vetoed by persons without the most minimal
knowledge of their most elemental principles."
' - Mario Lainza
' "The world will not evolve past its current state of crisis by using the same thinking that created
the situation."
' - Albert Einstein
tAr�,(II4Yrr COMPANIES
1 OMROOZ£ 3 PLAN DIM DORIC
21
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 NO2"17'42"E 1069.16', THENCE S87049142"E 428.22'1
THENCE S8700915 E 1404.23, THENCE 50801800 W 225.89, THENCE N8700035 W 354.57, THENCE
502048 25 W 146.65 , THENCE N87010 22 W 327.79 , THENCE 50205014 W 253.09 , THENCE
N87022'17"W 28.37, THENCE S02049'27"W 389.76', THENCE S87010'42"E 254.30'. THENCE
' S25022'44"W 64.97'. 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 N02017'42"E 1069.16', THENCE
S87"49'42"E 151.00'. THENCE S02017142"W 770.91', THENCE ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 150.00' FOR A CHORD BEARING AND DISTANCE OF S15024'32"W 68.071, THENCE ALONG A
' CURVE TO THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE OF
S22021'58"E 116.391, THENCE 502017142"W 128.20', THENCE N87010142"W 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.
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NORTHWEST ARKANSAS
NE\'VSPAPERS*
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
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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