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HomeMy WebLinkAboutOrdinance 5230 fllllll lllffl 111 1111E 11111 1111E 11111 11111 11111 loll full 11111 11111 llfff 1111 flll Doc ID: 012815490007 Type: REL Kind: ORDINANCE Recorded: 04/17/2009 at 09:20:20 AM Fee Amt: $45.00 Pace 1 of 7 Washincton Countv. AR Bette Staws(�Circuit Cleirki (� Q Filet009-0001 1628 ORDINANCE NO. 5230 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 08-2965, AMBERWOOD PLACE, LOCATED SOUTH AND EAST OF DOUBLE SPRINGS AND DOT TIPTON ROAD; CONTAINING APPROXIMATELY 39.98 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-A, Residential Agricultural to R-PZD 08- 2965 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 of the requirements of the master development plan 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 1 above. ,,y{SSl4PPP!!ply, NN PASSED and APPROVED this 7th day of April, 2009. :�.y.� G��Y 0 .06", APPROVED: ATTEST: a FAYETTEVILLE m v • LID JO Mayor SO RA E. SMITH, City Clerk/Treasurer C � .-�4,-sa ✓Q-a '���,�"' W'"� --3F 'y-R fir '�"�' � � WA _RK Sr p . s k`�,e:-�. �'� '� � G } -3 � '�Sr• � -mac � � Av r J 7 ri '� w t 1 !1 1 1 11 EXHIBIT `B" R-PZD 08-2965 PART OF THE SEI/4 OF THE NE1/4 OF SECTION 15 AND PART OF THE SWIA OF THE NW 114 OF SECTION 14 ALL IN T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS. BEGINNING AT THE SE CORNER OF SAID SEI/4, NEIA THENCE S89°46'03"W 825.57 FEET, THENCE N00001'18"W 788.63 FEET, THENCE S89°52`44"W 448.54 FEET, THENCE N00°29'58"E 159.86 FEET, THENCE N88°5529"E 947.20 FEET, THENCE S00°02'16"E 401.26 FEET, THENCE N89°57'44"E 328.25 FEET, THENCE N00015'06"E 30.31 FEET, THENCE N89°56'37"E 196.61 FEET, THENCE N01°15'52"W 496.68 FEET, THENCE N87-12'01"E 84.38 FEET, THENCE N89042'27"E 514.78 FEET, THENCE S00007'57"W 502.35 FEET, THENCE N89053'47"E 537.01 FEET, THENCE S00°11'49"W 536.03 FEET, THENCE S89054'1 0"W 1320.92 FEET, THENCE S00°28'05"W 55.08 FEET TO THE P.O.B.; CONTAINING 39.98 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. CONDITIONS OF APPROVAL: R-PZD 08-2965 Page 1 of 4 Conditions of Approval for R-PZD 08-2965 (Arnberwood Place) 1. Determination of street improvements. Street improvements at the time of development shall include those determined necessary by the Planning Commission, based upon the development proposed. Staff will recommend street improvements warranted with development of the subject property. Based on an initial review of the conceptual development plan, staff will likely recommend, at a minimum, the following street improvements: a. Pavement, curb and gutter, storm drainage, and sidewalks to be constructed along the projectfrontage for Double Springs Road and Dot Tipton Road including the gap ofproject frontage in the middle of the project along Dot Tipton Road. b. Off-site street improvements will be required along Dot Tipton Road to pave the roadway to a minimum of 20'wide pavement plus the appropriate shoulders from the project boundary east approximately 0.34 mile to 54� Street. 2. Determination of adequate connectivity. Two points of access are provided to the north on Dot Tipton Road. Street stub-outs are provided in the southwest corner,the south-central, and the eastern borders of the site. No street connection is currently being provided to the existing rural residential land uses to the west that border Double Springs Road. The project proposes internal pedestrian connectivity in approximately 18.66 acres of dedicated greenspace and parks with pedestrian trails to be constructed by the developer. Staff recommends in favor of the proposed connectivity. 3. This project is required to go through preliminary plat review and approval prior to construction. 4. The applicant shall dedicate right-of-way a minimum of 42.5' from centerline right-of-way along the project's Double Springs Road frontage and 25' from centerline along the project's Dot Tipton Road frontage. Dedication of 50' right-of-way width for interior streets and stub- outs. Pedestrian trails shall be dedicated in public access easements. 5. The project is subject to the project phasing noted below. Final plat approval is required to be obtained for the various Planning Areas in this project within the specified timeframe. Extensions may be permitted, pursuant to City ordinance. Phase Milestone Deadline 1 Preliminary Plat Approval 2009 2 Preliminary Plat Approval 2012 3 Preliminary Plat Approval 2014 Construction permits shall be obtained within 9 year of preliminary plat approval, and construction shall be completed with a final plat recorded within 3 years of permit issuance, in accordance with City ordinance. 6. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. CONDITIONS OF APPROVAL: R-PZD 08-2965 Page 2 of 4 7. Buildings shall be constructed to be consistent with the elevations and concepts and architectural standards depicted in the building elevations in the booklet as specified. Building elevations will be reviewed at the time of building permit. 8. Homes shall be design with articulated and varying facades facing the public street. Homes located on the park shall be designed with an articulated facing the park and public street, where applicable. Front facades of homes as they face the street or park shall be varied in color and material so that no two same facades are adjacent to or across the street from one another. 9. Duplexes shall be designed to appear as a single family residence with an articulated facade facing the public street. Consistent with the concept on the PZD plats, only one curb cut/driveway shall be permitted on the public street for a duplex, the second driveway, if needed shall be off of a private alley or shared drive. 10. The project will be required to go through the Parks and Recreation Advisory Board prior to preliminary plat submittal. 11. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code for single family subdivisions. 12. 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. 13. This development shall be required to comply with the Tree Preservation requirements as set forth in the Unified Development Code at the time of development,with a percent minimum canopy of 25%. 14. Street trees shall be provided along public streets pursuant to city codes at the time of development. 15. As indicated in the PZD plats and booklets all lot owners will be required to plant two trees on their lot. 16. The pedestrian trails and dedicated greenspace indicated in the PZD plats and booklets shall be constructed and landscaped by the developer and inspected prior to Final Plat approval. Trails and greenspace shall be required in the immediate vicinity of the lots being final platted. Construction materials for the pedestrian trails shall be determined at the time of development by City staff. 17. A landscape plan showing street tree plantings(including plantings in the traffic circles),the proposed perimeter plantings,landscaped greenspace and pedestrian trails will be required at the time of preliminary plat. CONDITIONS OF APPROVAL: R-PZD 08-2965 Page 3 of 4 18. The detention pond shall be designed to provide functional and usable greensapce for passive or active recreation for the neighborhood. The design shall be determined at the time of preliminary plat and the concept indicated on the landscape plan. 19. In order to prevent the common greenspace/park areas from being visually and physically isolated from the homes,a solid/opaque fence such as a standard six-foot woodboard privacy fence shall be prohibited between the backyard of homes and the greenspace areas. A standard privacy fence is permitted in the sideyard between homes. Examples of acceptable fence materials between the backyard and greenspace areas include an open ornamental fence,picket fence, split rail fence, etc. 20. Plat/booklet revisions: a. Pg. 9.Architectural Design Standards for Duplexes.Add the statement regarding the design standards for duplexes referenced in condition No. 9. b. Pg. 20. Section 4. Add the requirement regarding the fence material referenced in condition No. 18. c. Appendix A. Add elevations and/or renderings depicting the two-family units. d. Plats Sheet 3. Title. Reference that this site consists of"Three"planning areas. e. Plats Sheet 3. Land Use Table. Change the Land Use Table format to follow the format of Table 2 in this staff report. £ Plats Sheet 2. Update the zoning criteria on the plats to match the PZD booklet. 21. A full Tree Preservation Plan will be required when the development comes through the preliminary plat process. This should include but will not be limited to: • A full tree inventory of all significant trees; • Canopy calculations including existing canopy,preserved canopy and removed canopy; • A site analysis report; and • A survey of the location of significant trees and those directly affected by the development. 22. The site has little existing tree canopy.The development should be designed to work around as many existing trees as possible, particularly trees that are not located in existing or proposed utility easements. Mitigation will not likely be supported by staff without detailed supportive information such as an arborist report. 23. Significant trees and canopy found within floodway are a high priority for preservation. Groupings of quality trees are also a high priority for preservation. 24. Landscape Regulations as defined in Chapter 177 will be required with development plan approval. This shall include but not be limited to street trees, detention facility plantings, adequate greenspace, etc. 25. 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 CONDITIONS OF APPROVAL: R-PZD 08-2965 Page 4 of 4 Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 26. 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. 27. All overhead electric lines l2kv and under shall be relocated underground. All proposed utilities shall be located underground. 28. Street lights shall be installed adjacent to all public and private streets (not alleys), with a separation of no greater than 300 feet. 29. Impact fees for fire,police,water,and sewer shall be paid in accordance with City ordinance. 30. 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. Washington County, AR I certify this instrument was filed on 04/17/2009 09:20:20 AM and recorded in Real Estate File Number 2009-000118 8 Bette Stamps- Circuit I by kawasmx= RECEIVE APR 16 2009 Northwest Arkansas Times CITY OFFAYETTeVILLE CITY CLARK'S OFFICE Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION L, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5230 April 12, 2009 Publication Charge : $102.22 C n Signed: ------— GOULIJ -- Subscribed and sworn to before me This 19 day of � 2009. Notary Public My Commission Expires: Do not pay from Affidavit, an invoice will be sent A. N:� OVARY N L,: _ •'� PUBLVM 4f Q� G7ON RECEIVED APP 6 200 CITY OF FAYETTEVELLE CITY CLERKS OFFICE ORDINANCE NO.5230 g` AN ORDINANCE ESTABLISHING A RESIDENTfAL 4 PLANNED ZONING DISTRICT TITLE{) R-PZD 08- y & A O ACF, LOCATED SOUTH 11 AND EAST OF DOUBLE SPRINGS AND DOT TfR piYOOITING OI MATELY 39 98 � PACR AMENDING THE OFFICIAL ZONING MAP RRKANSAS OF THE CITY OF FAYETTEVfLLE;AND gppPTtNC, - THE ASSOGIATEp MASTER DEVELOPMENT PLAN e'F BE IT ORDAINED 13Y THE CITY COUNCIi OF THE CITY OF FAYETTEVI ARKANSAS: - - Sectien 1:That the zdne classification of the following lows: described Property is hereby changedM� From R-A,Residential Agricultural to R-P70 08-2965 as shown in Exhibit"A"and depicted P Exhibit"B"attached hereto and made a part hereof. - �sM Section 2:That the change in zoning classification is based upon the approved master develoV pian„develcpment standards,Statement of commitments and the conditions d Mas er d as 56b ted, determined appropriate and approved by the City Council; further, that the cdnditggb approval shall be filed and available for viewing in the Office of the City Clerk/Ireasprer of the. Fayetteville. Section 3:That this ordinance shalt take effeCt and be in full farce at Such time as all of the r a. inerts of the master develOpmert plan have been met. Section 4:That the official zoning map of the City of Fayetteville,Arkansas,is hereby amen reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 71h day of April,2009. APPROVED: v By: ATTEST- LIONELD JORDAN,Mayor By. -SMITHn SONDRA E. ,City Clerk/Exhibit Exhibit A is a map and may be viewed in the Office of the City Gierk/Treasuref tlur ning ess hours. EXHIBIT'S” as R-PZD 08-2965 121 PART OF THE SE1/4 OF THE NE1/4 OF SECTION 15 AND PART OF THE SWJ14 OF THE NW9 ASSECTION FOLLQ ALL IN T76N,.R31 W IN WASHINGTON COUNTY,ARKANSAS AND BEING DES AS FpLLOWS:BEGINNING AT THE SE CORNER OF SgID SE1/4,NE114 THENCE 589"4 825.57 FEET THENCE N00°Oi'i8'W 788.63 FEET;:THENCE.S89°52'44'1N 948;54 FEET.i N00°29'5$'E Y59.86 FEET THENCE N88°55'29 E'947:30.FEET,THENCE 500'02'16'E 401 THENGE..N89°57'44'E 326.25 FEET, THENCE N00^t::;'0B'E 30.31 FEE.T., TFfNCE N89' 196.61 FEET THENCE N01615'52'W.496.68 FEET THENCE{l87°12'01`1 THe8 FEET;; N89P42'27.'E 514,78 FEET,THENCE S00°07'57'W 502.35,FEET,THENCE N89°53'47'E-537.0 THENCE-S0091I*'W 53-6.03 FEET,THENCE S89°54'10'W:5320.92.FFE7 THENCE?$00 55.OBFEETTOTHEP.OORE .B;CONTAINING:39:98ACRESM ,QRLESSSUBJEC.T,TO' tiS AND,RIGHT OF WAY OF RECORD. City of Fayetteville Staff Review Form 111 2L City Council Agenda Items r 17 and Contracts, Leases or Agreements 4/7/2009Y1YG�G City Council Meeting Date Agenda Items Only Andrew GarnerA& Planning Development Services Submitted By Division Department Action Required: R-PZD 08-2965: (Amberwood Place, 4741475): Submitted by Dave Jorgensen for property located south and east of Double Springs Road and Dot Tipton Road. The property is zoned R-A, Residential-Agricultural and contains approximately 39.98 acres. The request is for Zoning and Land Use approval for a Residential Planned Zoning District with 145 dwelling units (107 single family, 38 two-family). 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# De artment Direct Date Original Contract Date: Original Contract Number: City Attorffey Date Li in nce and Internal Se ices Director Date Received in CityF Clerk's Office Ch f Staff Received in Ei�TF4tt(i Mayor's Office ayor Date Comments: Revised January 15,2009 City Council Meeting of April 7,2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Mair,Chief of Staff From:Jeremy C.Pate,Development Services Director AG Date: March 31,2009 Subject: Residential Planned Zoning District for Amberwood(R-PZD 08-2965) RECOMMENDATION As discussed at previous City Council meetings, staff and the Planning Commission originally recommended denial of this project and the City Council denied the applicant's appeal. The applicant has been working with staff over the past several months and substantially changed the project.The changes in the street and lot layout have increased the overall greenspace from 9.0%to 46.65%and reduced the number of units from 182 to 145. Staff now recommends approval of an ordinance creating a Residential Planned Zoning District(R-PZD)for Amberwood,based on the development standards,plans and statement of commitments submitted. This action will establish a unique zoning district for a 145 residences(107 single-family,38 two-family)on 39.98 acres. BACKGROUND The subject property is located southeast of the intersection of Double Springs/Dot Tipton Roads. The property contains approximately 3998 acres and is undeveloped agricultural pasture land surrounded by rural residences and agricultural land uses. The request is for rezoning and land use approval for a residential subdivision within an R- PZD zoning district on the subject property. DISCUSSION The Planning Commission voted 6-1-0 (Commissioner Kennedy voting `No') to deny this request on July 14,2008.This item was appealed by the applicant and denied by City Council on December 12, 2008. Staff has revised the findings and recommended conditions of approval in the revised staff report based on the new project. Staff now finds that the project is consistent with the adopted land use planning objectives, principals, and policies established by the City Council with the adoption of City Plan 2025 to discourage suburban sprawl, create attainable housing, and to assemble an enduring green network. BUDGET IMPAC'I' None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED 'ZONING DISTRICT TPTLED R-PZD 08- 2965, AMBERWOOD PLACE, LOCATED SOUTH AND EAST OF DOUBLE SPRINGS AND DOT TIPTON ROAD; CON'T'AINING APPROXIMATELY 39.98 ACRES;AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETFEVILLE; 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-A,Residential Agricultural to R-PZD 08- 2965 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 of the requirements of the master development plan 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 T above.