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HomeMy WebLinkAboutOrdinance 5601Doc ID: 015338010002 Type: REL Kind: ORDINANCE Recorded: 08/12/2013 at 08:43:12 AM Fee Amt: $20.00 Pape 1 of 2 Washington County, AR Kyle Svlvester Circuit Clerk File2013-00027454 ORDINANCE NO. 5601 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 05-1463 OAKBROOKE PHASE I, TO REVISE THE CONCEPT PLAN AND ALLOW THE CONSTRUCTION OF AN ALLEY TO SERVE LOTS 1-17. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the plats for R-PZD 05-1463 Oakbrooke Phase I are hereby amended to reflect the major modification to the concept plan, providing an alley to serve Lots 1-17, as reflected in Exhibit "A." PASSED and APPROVED this 16t' day of July, 2013. APPROVED: go ATTEST: EXHIBIT 'A' Proposed Circulation Modifications — Within the proposed Major Modification due to terrain issues, the desire to save significant tree canopy and drainage structures, we are proposing a few modifications to rear alleys. Areas within the Oakbrooke III PZD with proposed circulation changes - Phase I - West Portion - Proposed Change — Relocate the alley from the rear of the lots along the east side of Neighborly Way to the rear of the lots on the west side of Neighborly Way. This will result in fewer driveways along Neighborly Way and significant preservation of tree canopy at the rear of the lots along the east side of Neighborly Way and adjacent to the Tree Preservation Area. PAl — Proposed Change — Due to a major drainage structure and the presence of mature trees, remove the east section of the formerly proposed alley along the rear of the lots south of Winter Evening Place. This will result in the preservation of mature canopy and more buildable lots. The two easternmost lots would be served by a private driveway. Washington County, AR 1 certify this instrument was filed on 08/12/2013 08,43:12 AM and recorded in Real Estate File Number 201,x-anO27454 Kyle Sylvester, - ircui Clerk — by ORDINANCE NO. 5601 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 05-1463 OAKBROOKE PHASE I, TO REVISE THE CONCEPT PLAN AND ALLOW THE CONSTRUCTION OF AN ALLEY TO SERVE LOTS 1-17. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the plats for R-PZD 05-1463 Oakbrooke Phase 1 are hereby amended to reflect the major modification to the concept plan, providing an alley to serve Lots 1-17, as reflected in Exhibit "A." PASSED and APPROVED this 161h day of July, 2013. APPROVED: ATTEST: By: r-- By:. ELD J , ayor SONDRA E. SMITH, City 0erk1TreWyµqr„f, kTY G• F 1AYfllEVECl.t:A sr• = L,sy 9�k11 N-, `A� ���"I'mlo%0 EXHIBIT'A' Proposed Circulation Modifications — Within the proposed Major Modification due to terrain issues, the desire to save significant tree canopy and drainage structures, we are proposing a few modifications to rear alleys. Areas within the Oakbrooke III PZD with proposed circulation changes - Phase I - West Portion - Proposed Change — Relocate the alley from the rear of the lots along the east side of Neighborly Way to the rear of the lots on the west side of Neighborly Way. This will result in fewer driveways along Neighborly Way and significant preservation of tree canopy at the rear of the lots along the east side of Neighborly Way and adjacent to the Tree Preservation Area. PAl — Proposed Change — Due to a major drainage structure and the presence of mature trees, remove the east section of the formerly proposed alley along the rear of the lots south of Winter Evening Place. This will result in the preservation of mature canopy and more buildable lots. The two easternmost lots would be served by a private driveway. Jim City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/16/2013 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Kequrreo: ADM 13-4420: Administrative Item (OAKBROOKE PZD PHASE I, 361): Submitted by PARADIGM DEVELOPMEN' for property located at OAKBROOKE PHASE I. The property is zoned Oakbrooke I R-PZD 05-1463 and contains a total of 3.82 acres. The request is to modify Oakbrooke Phase I, R-PZD 05-1463, by constructing an alley to serve Lots 1-17. Cost of this request Account Number $ $ Category / Project Budget Funds Used to Date Program Category / Project Name Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached ���� Ih(r.ti4k-L- W,n,ioLi Previous Ordinance or Resolution # Department Dire or Date Original Contract Date: Original Contract Number: City Attorriey Date Firiahce and Internal Services Director Received in City Clerk's Office Chief of St ate EHi - � Received in Mayor's Office .ram a r D Revised January 15, 2009 N CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff ,,pp Jeremy Pate, Development Services Director§ From: Jesse Fulcher, Current Planner Date: June 26,2013 Subject: ADM 13-4420 (OAKBROOKE PZD PHASE I) RECOMMENDATION THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE The Planning Commission and staff recommend approval of an ordinance to modify Oakbrooke Phase I, RPZD 05-1463, by constructing an alley to serve Lots 1-17. BACKGROUND The Oakbrooke Planned Zoning District was originally approved in 2005 and was comprised of two phases, Oakbrooke R-PZD 05-1463 (Phase I) and Oakbrooke R-PZD 05-1555 (Phase II). All the required street and utility infrastructure was completed and the final plats for each phase were approved and recorded. Home construction started in 2008. In 2009 the owner submitted a new Planned Zoning District application for the entire subdivision, except Lots 1-17. These lots are still under the zoning designation of Oakbrooke I and are configured as approved by the original final plat. No changes are proposed for the number of lots or lot sizes. The applicant proposes to construct an alley on the west side of Lots 1-17 in Oakbrooke I. Planned Zoning District modifications: Chapter 166.06(I) allows the Zoning and Development Administrator to make minor changes to an approved PZD. Any modification to a PZD which is not allowed under the Minor Modification process is considered a zoning action, requiring City Council approval. Both modifications to the Oakbrooke subdivision (13-4397 and 13-4420) are considered major modifications. Consistent with a zoning request, the applicant has notified all adjacent property owners, including those in the Oakbrooke, Bellwood and Bridgeport Subdivisions. DISCUSSION On June 24, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 5-0-1 (Hoskins recused). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 05-1463 OAKBROOKE PHASE I, TO REVISE THE CONCEPT PLAN AND ALLOW THE CONSTRUCTION OF AN ALLEY TO SERVE LOTS 1-17. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the plats for R-PZD 05-1463 Oakbrooke Phase I are hereby amended to reflect the major modification to the concept plan, providing an alley to serve Lots 1-17, as reflected in Exhibit "A." PASSED and APPROVED this ' . 1y Il day of 2013. ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT 'A' Proposed Circulation Modifications — Within the proposed Major Modification due to terrain issues, the desire to save significant tree canopy and drainage structures, we are proposing a few modifications to rear alleys. Areas within the Oakbrooke III PZD with proposed circulation changes - Phase I - West Portion - Proposed Change — Relocate the alley from the rear of the lots along the east side of Neighborly Way to the rear of the lots on the west side of Neighborly Way. This will result in fewer driveways along Neighborly Way and significant preservation of tree canopy at the rear of the lots along the east side of Neighborly Way and adjacent to the Tree Preservation Area. PAl — Proposed Change — Due to a major drainage structure and the presence oj' mature trees, remove the east section of the formerly proposed alley along the rear of the lots south of Winter Evening Place. This will result in the preservation of mature canopy and more buildable lots. The two easternmost lots would be served by a private driveway. Drwpesed G—harege /._.., n 11KO Pop o•g._ io 6,103si...,.rr.. ,.leng 94We > .efgin6 / « n/,,,.,. One to be, ,.,.,.t„a atN CidJ ........... ..r'P nter Evening Doge and L7...feki ne i,. .J,.. ..qii 1.,.und i-tt(e �.7,.._,. TdJ;...�,...,. D/,.,.,.. ,.rl ..0 t,. 6.. 1,. ,. w,.,J ..t the arc earner ..r v,,..t,.__ ef- 14..,419 ..._,J rar.._o,..: c. „ ..l, ee to to .es. z..i._,a to be maintaii?ed by !he Oakbraeke Property Owneits,kyeeia,OeH. _. 2. n/�Pa • sled ...-._ 1 1 Ra3 Alley - H:v -- Oue to drainage ..... ------ -�---- structure issues and in effort to save mature to tree canopy- East Section of rear alley is DAKePOOKE r.o ' deleted. P>O?OSEo Pomgcsnon ip CINCJLu IUN P p -f Pn-I iV Instal nds apingaad ------ ---- - - --- WWII alongthe - sauttl of Best _ FAM no raree / T *4 aye evi le FlIF C YY OF FAYP,I"IbVit.A.F. ARIiANSAS PC Meeting of June 24, 2013 125 W. Mountain St. Fayetteville, Ail 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: une 2� 24,2013 Updated June 27, 2013 ADM 13-4420: Administrative Item (OAKBROOKE PZD PHASE I, 361): Submitted by PARADIGM DEVELOPMENT for property located at OAKBROOKE PHASE I. The property is zoned Oakbrooke I R-PZD 05-1463 and contains a total of 3.82 acres. The request is to modify Oakbrooke Phase I, RPZD 05-1463, by constructing an alley to serve Lots 1-17. Planner: Jesse Fulcher BACKGROUND The Oakbrooke Planned Zoning District was originally approved in 2005 and was comprised of two phases, Oakbrooke R-PZD 05-1463 (Phase I) and Oakbrooke R-PZD 05-1555 (Phase II). All the required street and utility infrastructure was completed and the final plats for each phase were approved and recorded. Home construction started in 2008. In 2009 the owner submitted a new Planned Zoning District application for the entire subdivision, except Lots 1-17. These lots are still under the zoning designation of Oakbrooke I and are configured as approved by the original final plat. No changes are proposed for the number of lots or lot sizes. Proposal: The applicant proposes to construct an alley on the west side of Lots 1-17 in Oakbrooke I. Access: An overriding design element in all phases of the Oakbrooke Subdivision was to minimize front loaded garages and individual curb -cuts for every lot. To date, the subdivision has been constructed with rear access alleys and no individual curb -cuts on the street. This is the same design concept that will be applied to lots 1-17. An alley was proposed on the cast side of the street as well, but that has been removed due to the tree canopy on the back side of these lots that would have to be removed for alley construction. Shared driveways with detached garages will be provided for these lots in -lieu of alley access. Planned Zoning District modifications: Chapter 166.06(I) allows the Zoning and Development Administrator to make minor changes to an approved PZD. Any modification to a PZD which is not allowed under the Minor Modification process is considered a zoning action, requiring City Council approval. Both modifications to the Oakbrooke subdivision (13-4397 and 13-4420) are considered G: IETCIDevelopmenl Services RevieiO20120evelopmenl Reviend13-4420 ADU Oakbi ooke I =110-Planning Commissio,06-24-I31Comments and Redlines major modifications. Consistent with a zoning request, the applicant has notified all adjacent property owners, including those in the Oakbrooke, Bellwood and Bridgeport Subdivisions. RECOMMENDATION Recommendation: Providing a rear access alley on the east side of Neighborly Way as planned will not work due to existing tree canopy and drainage structures, so curb -cuts onto the street will be necessary. Relocating the alley to the east side of Lots 1-17 will reduce the overall number of curb - cuts on Neighborly Way and help maintain an important traditional design element of this development. Staff recommends forwarding ADM 13-4420 Oakbrooke R-PZD Phase I, Major Modification No. 1 to the City Council with a recommendation for approval. Planning Commission Action: Q Forwarded Cl Denied Motion: Winston Second: Autry Vote: 5-0-1 (Hoskins recused) Meeting Date: June 24, 2013 G: IETCIDevelopment Services Revie,020121Developmenl RevieivI13-4420 ADM Oakbrooke / P%D110-Planning CornmissfonO-24-13lCommenls and Redimes History The original Oakbrooke PZD — Oakbrooke was originally approved in 2006 and consisted of 109 Lots of various sizes over two Phases. Oakbrooke Phase 1 - 68 Total Lots Oakbrooke Phase II — 41 Total Lots Total Residential Lots - 109 ° .•I� O � ! C II��!II�� j f e Oakbrooke RPZD III - In 2010, the original Oakbrooke Phases 1 and II were redeveloped to provide for higher density and a great number of lots. The revised plan, known as Oakbrooke RPZD III, consisted of 5 Planning Areas (PAs) — Oakbrooke PH 1 (West Portion) - 17 Total Lots (Area remained unchanged) PAl — Single Family Residential — 28 Total Lots PA2 — Cottage Homes — 14 Total Lots PA3 — Southern Vernacular — 76 Total Lots PA4 — Park Court Homes — 25 Total Lots Total Residential Lots - 160 PA5 — Mixed Use — 1.92 Acres, 31 Dwelling Units (apartments), 12,000sf non-residential 711 non 0: ego �p� Current Conditions - Since the 2010 approval of Oakbrooke III RPZD, construction of homes has continued and the Oakbrooke neighborhood has undergone an administratively -approved minor modification of density (illustratively located in the northern area of PA3), and a rezoning of PA2 from a Cottage Home area to lots similar to those in Planning Area 1. The following illustration represents current approved and/or constructed conditions of the Oakbrooke project. Proposed Density Modifications — The proposed Major Modification for all intents and purposes is a minor change of density location - Areas within the Oakbrooke III PZD to remain unchanged (shaded areas) - Phase I - West Portion PAI - East Side of Best Friend and north of Winter Evening Place. PA2 PA3 - North side of Starry Night View, north side of Front Porch View, both sides of Best Friend Lane, and east side of September Stroll 11171111111 911 Areas within the Oakbrooke III PZD with proposed changes - PA 1 — Proposed Change — Reduce number of approved lots along the south side of Winter Evening Place (east of Hazeltine) and east side of Best Friend Lane from 10 total lots to 7 total lots. PA3 - Proposed Change — Reduce number of approved lots along the east side of Neighborly Way f ^om 10 total lots to 7 total lots. Proposed Change — Reduce number of approved lots along the west side of September Stroll from 15 total lots to 10 total lots. Proposed Change — Increase 5 lots along the south side of Starry Night View to 9 lots per the approved Oakbrooke III PZD, and withdrawing the 2012 minor modification change; along with one unbuildable lot (along the street ftontage) reserved for a botanical area and private utility extensions and easements. r Reduce approved f/ / / ;: // •� /�� j�J,i E lots from 10to7 FEZ I EM I 'T I P Reduce approved Inalei6e Ea16ting5 lots from Le1610 8 Lnts as 15 to 10 appravod in Oakbrooka M. PZO °ep=drEh �'frpi nl r'-. F' / .11 Reduce approved lots from 19 to 16 .. Proposed Circulation Modifications — Within the proposed Major Modification due to terrain issues, the desire to save significant tree canopy and drainage structures, we are proposing a few modifications to rear alleys. Areas within the Oakbrooke III PZD with proposed circulation changes - Phase I - West Portion - Proposed Change — Relocate the alley from the rear of the lots along the east side of Neighborly Way to the rear of the lots on the west side of Neighborly Way. This will result in fewer driveways along Neighborly Way and significant preservation of tree canopy at the rear of the lots along the east side of Neighborly Way and adjacent to the Tree Preservation Area. PAl — Proposed Change — Due to a major drainage structure and the presence of mature trees, remove the east section of theformerly proposed alley along the rear of the lots south of Winter Evening Place. This will result in the preservation of mature canopy and more buildable lots. The two easternmost lots would be served by a private driveway. Dkee n._„ .,. t„ /,...we 4 ,. .h e ors eernep ,.r ran,..,.,, s. e ,. na6e ,..,.a A --.I...— the NE e of &ptemberSire!! and ran.,. ,.,.Evenii;T«loee ... Slew . esi {...n.v.(r � 144LLL-IY' Re6 Alley � l tiaSC b P[9r - Due to drainage ....... ------ --- -- _ structure issues and in effort to save mature tree wropy- East 1 1 f Section of rear alloy is 3AKBROOKE PZO deleted. P1010SEO nW1cc rTW n_/ 10 C[rCULA IL++ .... POI c 7 � > �Y Insral nds piny and - /1l streatt along tha 1\J. south of Best Frier n2 f1l 1 i, Description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. The Property to be modified is currently owned by Paradigm Development Enterprises, Inc, Family Jewels, LLC and by the Oakbrooke Municipal Property Owners Improvement District. No sales are pending. b. Reason (need) for requesting the modification. Changes due to market conditions, the desire to shift higher density closer to east side of the neighborhood in spirit of the approved PZD, and lower density in the heart of and to the west side of the neighborhood (closer to adjacent neighborhoods). C. Statement of how the proposed modification will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The proposed Modification will have no impact on the existing property which will remain subject to the Oakbrooke III PZD zoning regulations, the rules and regulations of the Oakbrooke Subdivision Property Owners Association, and the rules and regulations of the Oakbrooke Architectural Control Committee in terms of architecture, uses, setbacks, etc. Formerly, the concept PZD Plan included higher density throughout the entire neighborhood Included in the PZD Plan was an area formerly designated as Planning Area 2 (PA2) along the north side of Oakbrooke. PA2 was intended for cottage style home development In 2012, PA2 was rezoned and constructed as four lots fronting the public street. With the approval of this modification, we will recapture the opportunity to build more affordable cottage -style homes within the same area of Oakbrooke as the former PA2, and continue to maintain the spirit of the approved Oakbrooke III RPZD. This area is along the south side of one of the primary entrances to Oakbrooke (Starry Night View) which currently consists of seven lots which will be redeveloped into a total of eleven lots as illustrated on the approved Oakbrooke III PZD Plan. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. The entire property is currently served by installed 8" water mains and 8" sewer mains along the street frontages. We will have to install a limited number of single water and single sewer taps for only those lot lots being redeveloped along the South Side of Starry Night View. No other services are required. e. The degree to which the proposed modification is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. As the property is under the restrictions of the Oakbrooke Architectural Controls and the Restrictions of the Oakbrooke Covenants, the property will continue to be built out the same as other lots within Oakbrooke have. Oakbrooke is the quintessential model of the city's current land use and Zoning policies. f. Whether the proposed modification is justified and/or needed at the time of the request. Due to significant market changes and site conditions, the modification is justified and needed. Approval of the proposed modification will provide for wider lots in areas of heavy tree canopy. With the creation of Oakbrooke III PZD, the existing lots (formerly Oakbrooke Phase 1 and Oakbrooke Phase 2) within the heart of the neighborhood were adjusted, divided and narrowed to provide an increase in density. Due to the narrowing of lots, rear alleys were incorporated to provide access to garages which are required to be placed at the rear of the homes. Installation of these alleys will result in the significant loss of trees and canopy. By lowering the density in the heart of Oakbrooke, we can go back to wider lots (as constructed in Oakbrooke Phases I and II) which will accommodate not only the house structure, but a driveway alongside the structure for access to the garages at the rear of the home. This will alleviate the need for rear alleys in places and the significant removal of mature tree canopy. g. Whether the proposed modification will create or appreciably increase traffic danger and congestion. No. We are actually lowering the total of homes which could be built within the Oakbrooke neighborhood. Traffic danger and associated congestion will not be exacerbated h. Whether the proposed modification will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. No. We are actually lowering the total of homes which could be built within the Oakbrooke neighborhood Infrastructure and schools will receive no negative impact. ADM 13 4420 Cl up view I _q �a J O� Q GG� � 4 0 R$FA SANDINGHAM ST CAS7LE8URY LN � TRILLIUM LN Pet OAKBROOKE PHASE 9M�R��q MD R PURVA PL SUBJECT =PROPERTY rL, g is 5J m a It9 y z m 3 �e 4 1 W 'sK y Iu F WINTER EVENING PL GASCONY PL 4 .4 � z z z F ¢ j a CHANTILLY DR r 0 Laaj,vADM13-4420 Footprints 2010 - Hillside -Hilltop Ov day District Design Overlay Di trict Design Overlay Di trict 0 15C 000 ------ Planning Area Goo 900 R5F•1 ................ STARRY NIGHT VW 1.200 MFeu Afro L 4 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWEST ARKANSAS DALE THE MORNINGMORNIEWSOFSPRINOGERS N�SPAPERSLLC THNORTH ESTNG ARK OF S FMES NORTHWEST ARKANSAS TIMES SEMON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1479 442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5601 Was inserted in the Regular Editions on: July 25, 2013 Publication Charges: $ 58.37 Ho Andrews Subscribed and sworn to before me This 3 j day of O 2013. 0,)q, D' 1� Notary Public W My Commission Expires: RECEIVED AUG 01 Z013 CITY ITTY CLERK'S OFFICE ORDINANCE-NO-1 5601 " AN 0RD1i4A CE AM END I�J'Cit%+�iESIDENTIAC- � PLANNED INfi, 3DISTfl1CT ENTITLED R= � 1 PZD 05614 'OAIFBROOKE PHASE I , SO j 'REVISE THE CONCEPj PLAN AND ALLOW YFJ j,RKAN5aS -T ?AHE*=CONSTRfIb`Ti©N OFF-r1Pl-AUEY"�FO USERVELOTH,Yr1r/ °s nt ,, is > r s •T;;u =. ,NOYJIi T}IE@ FOEi BED QRDAINEO BY THE,Crl7( GOUNCILjQF THEz CRY OF FA�liEfRLLE1 AfICAN$AS - $ECT7DN 1: T�tigt t�Te Plip for R P9,D 05 140 Oakp-9-00@ PhOse 1 are herehK knded to ecYmapr` �N '6d' oa4on i$1he'co`neepi plan ry�rovidmg an" ; alleyto serve Lots bWeLA. �ED and PPROVED"-this'16fh daybf July 2013 t A fi �QP�iOVED z f3�` yATTEST:�: ` , py "LION ELD f�[iDAN Mayor„ $ SbNDEIA E SMRk1,`.Giry Glerls/Treasyrer 'Exhibds fa thls ordina* rndy:be A wed"rn lba office Of the:Gdy Clerk/ rr = 'Treasurer::e• , CA71 HYJ V19LES I. Bonmn CounIY My commission Exp-5 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent.