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HomeMy WebLinkAboutOrdinance 5492 Doc ID: 014545870001 Type: REL Kind: ORDINANCE Recorded: 04/17/2012 at 11:59:22 AM Fee Amt: $15.00 Pace 1 of 1 Washinaton Countv. AR Bette Stamps Circuit Clerk File2012_00010769 ORDINANCE NO. 5492 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 06-1883, ABSHIER HEIGHTS, LOCATED AT THE NORTHWEST CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE, CONTAINING APPROXIMATELY 4.11 ACRES, TO REFLECT REVISED ARCHITECTURAL STANDARDS AS DESCRIBED AND DEPICTED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That R-PZD 06-1883 (Abshier Heights) as passed and approved by the City Council on April 4, 2006 with Ordinance No. 4850 is hereby amended to revise the architectural design of the buildings as follows: The requirement for stone on the rear elevations of the development facing Hillcrest Avenue and Abshier Drive shall be replaced with a requirement for brick. PASSED and APPROVED this 3`d day of April, 2012. APPROVED: ATTEST: BY: Y By: I NELD N, ayor SONDRA E. SMITH, City Clerk/Treasurer TR a FAYETTEVI LLE: ° .9RKAtVSP Jc'm it Washington County,AR 1 certify this instrument was filed on 04/17/2012 11:59:22 AM and recorded in Real Estate File Number 2012-00010769 Bette Stamps-Circuit Clerk by City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/20/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: ADM 12-4029: Administrative Item (Abshier Heights R-PZD Modification No. 4): Submitted by BART BAUER for the property located at the NORTHWEST CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE. The request is to amend the approved R-PZD 06-1883 Abshier Heights to architecturally design one of the multi-family buildings with brick instead of stone on the rear of the building. 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 �.f11APrevious Ordinance or Resolution# Depairimed Director Date Original Contract Date: Original Contract Number: City Attorne Date Finance and Internal Services Director Date Received in City Clerk's Office I - 3G/ Y Chief 6f Sta Dale Received in F Clsl_\� Mayor's Offices 7: mv6r Date Comments: ��� �' 6 0 Revised January 15, 2009 • aye eel e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE AflKAN5A5 CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff ,pp Jeremy Pate, Development Services DirectorA From: Andrew Garner, Senior Planner Date: March 1, 2012 Subject: ADM 12-4029 (Abshier Heights R-PZD Modification No. 4) RECOMMENDATION Planning staff and the Planning Commission recommend approval of an ordinance amending the Abshier Heights Planned Zoning District to change the architectural design standards to require brick on the rear of the building facing Abshier Drive, instead of stone(see Exhibit"A" attached). BACKGROUND On April 4, 2006 the City Council granted approval of R-PZD 06-1883 Abshier Heights on 4.11 acres of land with frontage on Abshier Drive and Hillcrest Avenue, with a maximum of 24 dwellings units in six buildings, at a density of 5.8 dwelling units per acre. All work interior to the site, the street improvements adjacent to the property, and a multi-family building at 269-299 E. Noble Lane has been completed. Ordinance No. 4850 established the Abshier Heights R-PZD zoning. Section 5 of this ordinance refeiTed to a list of requirements for the project. One of these requirements was that the rear facade of the buildings facing Abshier Drive and Hillcrest Avenue would include partial stone facades. The applicant is in the process of finalizing construction plans for the multi-family building at 307-337 E. Noble Lane. The applicant requests a change in the PZD approval to use brick on the side of this new building facing Abshier Drive and Hillcrest Avenue, instead of stone. DISCUSSION On February 29, 2012 the Planning Commission voted 7-0-0 to forward this request to the City Council with a recommendation for approval. The applicant has been in personal communication with many of the neighbors with contact information provided by City staff. Staff has received inquiries by some of the neighbors about this current proposal and did not receive any objections to allowing brick instead of stone on the rear of the buildings. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 06-1883, ABSHIER HEIGHTS, LOCATED AT THE NORTHWEST CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE, CONTAINING APPROXIMATELY 4.11 ACRES, TO REFLECT REVISED ARCHITECTURAL STANDARDS AS DESCRIBED AND DEPICTED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That R-PZD 06-1883 (Abshier Heights) as passed and approved by the City Council on April 4, 2006 with Ordinance No. 4850 is hereby amended to revise the architectural design of the buildings as follows: The requirement for stone on the rear elevations of the development facing Hillcrest Avenue and Abshier Drive shall be replaced with a requirement for brick. PASSED and APPROVED this day of 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer • aye eel e PC Meeting of February 27, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Planning Commission Members FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: Ffy "�4-2 Updated March 1, 2012 ADM 12-4029:Administrative Item(Abshier Heights R-PZD Modification No.4):Submitted by BART BAUER for the property located at the NORTHWEST CORNER OF ABSHIER DRIVE AND HILLCREST AVENUE. The request is to amend the approved R-PZD 06-1883 Abshier Heights to architecturally design one of the multi-family buildings with brick instead of stone on the rear of the building. Planner:Andrew Gamer BACKGROUND Property Description: On April 4, 2006 the City Council granted approval of R-PZD 06-1883 Abshier Heights on 4.11 acres of land with frontage on Abshier Drive and Hillcrest Avenue,with a maximum of 24 dwellings units in six buildings,at a density of 5.8 dwelling units per acre. All work interior to the site,the street improvements adjacent to the property, and a multi-family building at 269-299 E. Noble Lane has been completed. Architectural Requirement: Ordinance No. 4850 established the Abshier Heights R-PZD zoning. Section 5 of this ordinance referred to a list of requirements for the project. One of these requirements was that the rear facade of the buildings facing Abshier Drive and Hillcrest Avenue would include partial stone facades. Proposal: The applicant is in the process of finalizing construction plans for the multi-family building at 307-337 E.Noble Lane.The applicant requests a change in the PZD approval to use brick on the side of this new building facing Abshier Drive and Hillcrest Avenue, instead of stone. Public Comment: The applicant has been in personal communication with many of the neighbors with contact information provided by City staff. Staff has received inquiries by some of the neighbors about this current proposal and did not receive any objections. The applicant has also agreed to notify the adjacent property owners in writing of the City Council meeting date for this administrative request. G:IE%'CU)evelopmenl services RevieM20120evelopmenl RevieM12-4029 ADM 307 thou 337 E.Noble In,(Abshier lleigh[s)103 Planning Commission102-27-12 RECOMMENDATION Staff recommends in favor of the applicant's request to use brick instead of stone on the rear of the building. Staff agrees with the applicant's rationale that the stone seems architecturally out of place with the design of the buildings. As indicated in the attached photos, because of the grade change, heavy foliage and patio screens on the rear of the buildings the stone (or brick) will be nearly impossible to see from the public right-of-way(Abshier Drive or Hillcrest Avenue) Recommended Motion: Staff recommends forwarding ADM 12-4029 Abshier Heights R-PZD Modification No. 4 to the City Council for approval. Planning Commission Action: X Forwarded ❑ Denied Motion: Chesser Second: Cook Vote: 7-0-0 Meeting Date: February 27,2012 G:IETODevelopmenl Services Review120120evelopmenl ReviewV2-4029 ADM 3071hru 337E.Noble Ln.(Abshier bleighls)103 Planning Commissionl02-27-12 ORDINANCE NO.4850 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 06-1883,ABSHERHEIGHTS, LOCATED SOUTH OF EVELYN HILLS SHOPPING CENTER ON ABSHIER AND HILLCREST,CONTAINING APPROXIMATELY 4.11 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 C-2,Thoroughfare Commercial,to R-PZD 06-1883 as shown in Exhibit"A"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, and conditions of approval as submitted, determined appropriate and approved by the City Council. 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. ection 4: That fic' a C' etteville, Ar ereby amend ning ge provid Secti above. Section 5: That the Master Development Plan is approved subject to the list of compromises agreed to by the neighbors,developer and architect shown on Exhibit`B"presented to and accepted by the City Council. The Master Development Plan is also subject to the Revised Site Plan attached as Exhibit"C". k Page 2 Ord.4850 '\IY 0' ;sG9�? PASSED and APPROVED this 4'"day of April,2006. ?v A? ;FAYWF-v1LLE• APPROVEATTEST: �z 7 ,`9s R�ASs- By: By: D COODY, Nlayor SONDRA SMITH,City Clerk EXHIBIT"A" R-PZD 06-1883 TRACT A: PART OF THE NW '/ OF THE NW '/< OF SECTION 10,TOWNSHIP 16 NORTH,RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF THE NW'/4 OF THE NW '/<, SAID POINT BEING A FOUND I"PIPE;THENCE N87'12'1 0"W 352.90 FEET; THENCE NO2°59'53"E 25.00 FEET TO THE POINT OF BEGINNING;THENCE NO2058'47"E 635.03 FEET TO A CHISLED "X"; THENCE S87°00'06"E 149.72 FEET TO A FOUND IRON PIN IN THE WEST RIGHT-OF-WAY LINE OF HILLCREST AVENUE;THENCE ALONG SAID RIGHT-OF-WAY S02057'25"W 634.95 FEET TO A FOUND PK NAIL IN THE APPROXIMATE CENTER LINE OF WOODCREST DRIVE NOW VACATED BY THE CITY OF FAYETTEVILLE BY ORDINANCE #1205; THENCE ALONG SAID CENTERLINE N87002'16"W 149.97 FEET TO THE POINT OF BEGINNING, CONTAINING 2.187 ACRES, MORE OR LESS,AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. TRACT B: PART OF THE SW %4 OF THE NW '/4 OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SW '/4 OF THE NW 1/4; THENCE N87°12'10"W 203.60 FEET; THENCE S02°58'05"W 30.14 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN IN THE WEST RIGHT OF WAY OF HILLCREST AVENUE;THENCE ALONG SAID RIGHT OF WAY S02058'12"W 313.56 FEET TO A FOUND IRON PIN IN THE NORTH RIGHT-OF-WAY LINE OF ABSHIER DRIVE; THENCE ALONG SAID RIGHT-OF-WAY LINE N86°36'30"W 537.42 FEET TO A FOUND IRON PIN; THENCE LEAVING SAID RIGHT-OF-WAY N63001'26"E 620.21 FEET TO THE POINT OF BEGINNING, CONTAINING 1.935 ACRES MORE OR LESS,AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT. FbYI7 eft neo,ei i a ibr shone on to back of the damkp B t and r+epiaoe ityM a riec}iner o for"...brick on f f1 r;-deonthe beck of the de d%merL. " EXHIBIT"B" R-PZD 06-1883 WE AS NEIGHBORS, E AFOREMENA0RP1QEVEjaVjFLR AND ARCHITECT, -OLLOW MP 1. Modifications to architectural design of development to complete and complement existing neighborhood homes. Examples include planter boxes with stone f tcades;4ho WFeed"e" stone fa*e en the baek of the develept"em(an the side ef4he town homes fheing Hillerest eM house numbers re-styled and moved to the lower portion of the front of the house near planter boxes;changes in paint palette in the natural earth tones;enlarged window shapes and styles in the latest drawings presented to the neighborhood — all to create a more natural, "softer" feel in line with the traditional character of the existing neighborhood, the of units t 3. Speed bumps to be built/installed on Hillcrest, Abshier, Lakeridge and Oakwood by Developer and City with 50/50 cost share with up to four speed tables. 4. A permanent, WRITTEN plan for maintaining the park and greenspace throughout the development included in the homeowner's association agreements and/or covenants for those who purchase the town homes. The association agreements or covenants must be worked out in consultation with the above-mentioned neighborhood representatives throughout the process and approval. Additionally, new neighbors in the development must be aware that Lade Lucille and surrounding property'is a private entity and is not available for their use for swimming, fishing, picnicking,etc. (only accessible by property owners in Lake Lucille/Clay Yoe subdivision). 5. Additional trees and shrubs are to be planted along Hillcrest and Abshier to fill in gaps and ensure that the tree buffer is maintained and expanded. Trees and shrubs are needed to fill in both high and low gaps and present an attractive,natural appearance to neighbors in the development and across Hillcrest and Abshier. 6. Core and soil sample testing will be conducted due to grade and incline,instability of land because of natural springs and previous construction difficulty in area with USA Drug. 7. We respectfully request that City Planning division allow that no bridges or steps leading form the town homes to Abshier or Hillcrest will be constructed. This would only encourage street parking and exacerbate traffic problems. The only steps in the development that are agreeable to the neighbors are those from the pocket park/viewing area to the parking area for the E.Fay Jones'home as designated on plans. 8. Trees and/or shrubbery will be planted at the back of the development to screen the development's residents from the shopping center. These also should include plantings to fill in high and low gaps and present an attractive, natural appearance consistent with a high quality development. 9. No parking signs to be installed along Hillcrest&Abshier on the development side,with no parking allowed on either side of these two streets. 10. Landscape design,and any newly planted trees and shrubbery will,as closely as possible, be in accordance with E. Fay Jones' written/drawn design plans for the property from the U.of A.Mullens Library,Special Collections(neighbors have this document)(i.e.species of trees, placement,etc.). 11. Above-mentioned neighborhood representatives will see sample/rendering of mailbox design and of the sign for the development and provide input for approval,prior to installation. 12. Construction will be limited to daylight hours only. 13. We respectfully request that if this development,PZD 06-1883,Abshier Heights,is not executed,that the City require that this property revert back to RSF-4(R-1),not its current zoning of record, C-2. 14. All agreed upon compromises will be put in writing and officially recorded as amendments to PZD 06-1883 and presented at the meeting of the Fayetteville City Council,Tuesday, April 4,2006. All compromises throughout this document are legally binding on the developer and must be carried out.