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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,
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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
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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.