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HomeMy WebLinkAboutOrdinance 4672 m =Tno — ORDINANCE NO. 467. 2 - m - NNo �mo AN ORDINANCE ESTABLISHING A RESIDENTIAL � 00 ' = PLANNED ZONING DISTRICT TITLED R-PZD 04- 1307, a a�No - ASPEN RIDGE LOCATED SOUTH OF 6T" STREET, � ocooN = WEST OF HILL AVENUE, NORTHEAST OF 11TH C)C- w oa p STREET ALONG TOWN BRANCH CREEK . 000 — C) oo — O ^ p" `"o CONTAINING APPROXIMATELY 27.969 ACRES, O m o � � =_ MORE OR LESS; AMENDING THE OFFICIAL ZONING C) ~ ND S Nim = MAP OF THE CITY OF FAYETTEVILLE; AND 14 wm ADOPTING THE ASSOCIATED RESIDENTIAL ~r =_ DEVELOPMENT PLAN AS APPROVED BY THE 00 3 PLANNING COMMISSION 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 RMF-24, Residential Multi Family, 24 units per acre, to R-PZD 04- 1307 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 and development standards as shown on the plat and approved by the Planning Commission on December 13, 2004. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the 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 I above. PASSED and APPROVED this 18`" day of January, 2005 . APPROV Z: By: Wi \1 n D CO O DY, Mayor BY: UZ SONDRA SMITH, City ClerkG%TY p ;sG�j ; FAYETTEVILLE ; 3 , .�ys.9D/{AN%F'.a ��.��: „umuuru'• EXHIBIT "A" R-PZD 04-1307 PART OF THE SOUTH %2 OF THE SW '/4 OF SECTION 16, AND A PART OF THE NORTH %2 OF THE NW /40F SECTION 21 , T- 16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS : COMMENCING A THE NORTHWEST CORNER OF THE NORTHEAST '/40F THE NORTHWEST '/4 OF SAID SECTION 21 , SAID POINT BEING AN EXISTING IRON PIPE; THENCE S87°04'09"E ALONG THE NORTH LINE OF THE NORTHEAST '/4 OF THE NORTHWEST '/40F SAID SECTION 21 A DISTANCE OF 5 .92 FEET TO THE POINT OF BEGINNING; THENCE S87°04'09"E 418.49 FEET; THENCE S02°49 '04"W 514. 14 FEET; THENCE N87°04'09"W 424.40 FEET TO A SET 'h" REBAR; THENCE S02049 '04"W 204.82 FEET; THENCE SOUTH 87004'09"E 139.00 FEET; THENCE S02048948"W 293 .00 FEET TO A SET %2" IRON REBAR; THENCE N87°05 ' 54"W 183 .58 FEET TO AN EXISTING IRON; THENCE S02048 '00"W 181 .27 FEET; THENCE 58704102"E 84.31 FEET, THENCE S02040' 0599W 79.86 FEET; THENCE S37007'40"E 39.06 FEET THENCE S07040705"W 15 .00 FEET; THENCE N87018 '29"W 65 . 13 FEET THENCE S02°40' 17"W 13 .01 FEET; THENCE N870 13 ' 13"W 222.57 FEET; THENCE NO20391079'E 98.08 FEET; THENCEN87011 '50"W 222.77 FEET; THENCEN87°13'26"W 514.88 FEET TO AN EXISTING IRON ON THE EAST RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE ALONG THE EAST RIGHT OF WAY LINE OF SAID RAILROAD N35029131 "E 52.81 FEET; THENCE N3201752199E 103 .24 FEET; THENCE N28025922"E 103.51 FEET; THENCE N24° 16'00"E 103.08 FEET; THENCE N21019'30"E 102.24 FEET; THENCE N18°44'44"E 102.31 FEET; THENCE N17042 '237'E 150.90 FEET; THENCE N19°09'44"E 46.21 FEET; THENCE N19°55' 12"E 130.59 FEET; THENCE N24°20' 10"E 111 .27 FEET; THENCE N28°56'24"E 112.03 FEET; THENCE N33022101E 78. 14 FEET; THENCE N36027'09"E 61 .08 FEET; THENCE N40040' 51 "E 107.01 FEET; THENCE S86014'53"E 62.45 FEET TO AN EXISTING IRON ON A 1381 .79 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY AND CURVE 417.54 FEET, THE CHORD FOR WHICH BEING N51038 '45"E 415 .96 FEET, TO AN EXISTING ARKANSAS HIGHWAY COMMISSION RIGHT OF WAY MONUMENT ON THE SOUTH LINE OF ARKANSAS HIGHWAY 180 (WEST 6" STREET); THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY S87041 '4291E 40.98 FEET TO AN EXISTING AHC MONUMENT; THENCE S87°40'49"E 26. 16 FEET TO AN EXISTING AHC MONUMENT; THENCE S88° 18 '0"E 3 . 15 FEET; THENCE LEAVING SAID RIGHT OF WAY SO1044550"W 153.30 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 315.50 FEET AND A DISTANCE OF 81 .06 FEET; THENCE S16°28 ' 1 "W 8.54 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 215 .50 FEET A DISTANCE OF 40.68 FEET TO THE POINT OF BEGINNING, CONTAINING 27.969 ACRES, MORE OR LESS, FAYETTEVILLE, ARKANSAS. THE ABOVE DESCRIBED 27.969 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF DUNCAN AVENUE, ANDERSON PLACE, HILL AVENUE AND ALL EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. <16 7;z' ' • p2D City Council Meelog of January 04, 2005 Agenda Item Number z/�o 70� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Interim Zoning and Development Administrator dr Date: December 15, 2004 Subject: Residential Planned Zoning District for Aspen Ridge (R-PZD 04- 1307) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Aspen Ridge. This action will establish a unique zoning district for a residential condominium infill development on a 27.969-acre tract located in south Fayetteville, near the intersection of Hill Avenue and 6th Street. The proposal consists of 220 condominium units in two phases. BACKGROUND Property Description: The property consists of a total of 27.979 acres located in south Fayetteville, with access onto 6`h Street, Hill Avenue, I Ith/Duncan and 12`h Streets proposed. The site formerly accommodated approximately 49 mobile homes and 6 single family homes, which have been removed in the past two years by the applicant. The property is bisected by Town Branch Creek, and is located in the midst of single family homes, industrial property, and commercial properties. A large percentage of tree canopy existing on-site has been evaluated by a professional arborist and deemed to be in poor condition, due to years of abuse, fill and debris. A majority of the tree canopy preserved and mitigation required is along the creek corridor and along the western portion of the trail, to aid in the rehabilitation of Town Branch Creek. Proposal: The applicant requests a rezoning and large scale development approval for a residential condominium development within a unique R-PZD zoning district. The proposed use of the site is for single family attached residential dwelling units consisting of 220 units, with a total density of 7.87 DU/acre. A 0.86-acre public park is proposed, as well as the dedication of 0.36 acres of land and construction of a public trail through an old railroad corridor. A large tree preservation area and deed restricted wetland protection area along the floodplain of the creek is also proposed. Two pedestrian crossings are proposed across the creek to allow for connectivity to the public trail and surrounding neighborhoods. Improvements to surrounding streets include curb and gutter on I I 1 Street, a turn lane at Hill and 6'h Street, repair of pavement on Duncan, and construction of Brooks Avenue as a secondary means of access. I • City Council Melog of January 04, 2005 Agenda Item Number DISCUSSION The Planning Commission voted 8-0-0 in favor of this request on Monday, December 13, 2004. Approval of a planned zoning district requires City Council approval as it includes zoning (land use) as well as development approval (large scale development). Recommended conditions were approved by the Planning Commission, which are reflected in the attached staff report. Public discussion included current drainage and flooding along Town Branch Creek, traffic flow in the area, wetland areas and affordable housing. BUDGETIMPACT None. 2 ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 04- 1307, ASPEN RIDGE LOCATED SOUTH OF 6T" STREET, WEST OF HILL AVENUE, NORTHEAST OF IIT" STREET ALONG TOWN BRANCH CREEK CONTAINING APPROXIMATELY 27.969 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE,AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPR�ED\BY THE PLANNING COMMISSION. BE IT ORDAINED BY THE CITY COUNCIL OF THE�,CITY OF FAYETTEVILLE, ARKANSAS: \\/) 1\// Section 1 : That the zone classification of the fo llowing described property is hereby changed as follows: \ From RMF-24, Residential Multi Family 24 units per 'R-PZD 04-1307 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 and development standards as shown on the plat and approvedby t\la- nning Commission on December 13, 2004. Section 3.� 'hat this ordinance shall take effect and be in full force at such time as s al\the require tints of the development plan have been met. S\ection 4. That.the of/tilcial zoning map of the City of Fayetteville, Arkansas, is hereby amen\\ reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this day of , 2004. APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A,' . ` R-PZD 04-1307 PART OF THE SOUTH %2 OF THE SW '/4 OF SECTION 16, AND A PART OF THE NORTH %2 0 ' THE NW /40F SECTION 21 , T- 16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS : COMMENCING A THE NORTHWEST CORNER OF THE NORTHEAST '/< OF THE NORTHWEST '/40F SAID SECTION 21 , SAID POINT BEING AN EXISTING IRON PIPE; THENCE S87°04'09"E ALONG THE NORTH LINE OF THE NORTHEAST ''/4 OF THE NORTHWEST 'A OF SAID SECTION 21 A DISTANCE/OF\5 .92 FEET TO THE POINT OF BEGINNING; THENCE S87°04'09"E 418.49 FEET;fTHENCE S02049'04"W 514. 14 FEET; THENCE N87°04'09"W 424.40 FEET TO/A�SET�/2" REBAR; THENCE S02049'04"W 204.82 FEET; THENCE SOUTH 87°04'09"E'139;00 FEET; THENCE S02048'48"W 293 .00 FEET TO A SET '/2" IRON REBAR;THENCE'N87005 '54"W 183 .58 FEET TO AN EXISTING IRON; THENCE S02048'00"W 181 .27\FEET; THENCE 58704' 02"E 84.31 FEET, THENCE S02°40'05'W 79.86eFEET; THENCE S3/07'40"E 39.06 FEET THENCE S07040'05"W 15 .00 FEET; THENCE�N87° 18'291165 . 13 FEET THENCE S02°40' 17"W 13 .01 FEET; THENCE N87° 13%13"W 222.57 FEET,-' THENCE NO2039'07"E 98.08 FEET; THENCE N870 11 ' 50"W 2221TFEET; THENCE N87° 13 '26"W 514.88 FEET TO AN EXISTING IRON;ON THE EAST RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE ALONG EAST RIGHT OF WAY LINE OF SAID RAILROAD N35°29'3-K''E 52.81 FEET; THENCE N32017'21 "E 103 .24 FEET; THENCE N28°25 '22"E 10354 FEET;THENCE N24° 16'00"E 103 .08 FEET; THENCE N21019130'E�l02 24,FEET; THENCE NI8 44'44"E 102.31 FEET; THENCE VA NI 7042'23"E 150.90TEET; THENCE NI 9°09,;44"E 46.21 FEET; THENCE N 19°55 ' 12"E 130.59 FEET; THENCE4N24°20?30"E 111 .27 FEET, THENCE N28056'24"E 112.03 FEET; THENCE N33022'01E\78�14/FEET;THENCE N36027' 09"E 61 .08 FEET; THENCE N40040' 5 I "E-107-01FEET;THENCES860,4'53"E 62.45 FEET TO AN EXISTING IRON ON A 138.1'79 FOOT RADIU&CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG(SAID RIGHT OF WAYEAND�CURVE 417.54 FEET, THE CHORD FOR WHICH BEING-�N51038145 'E 41=5_,96 FEET, TO AN EXISTING ARKANSAS HIGHWAY COMMISSIONRIGHT OF WAY MONUMENT ON THE SOUTH LINE OF ARKANSAS HIGHWAY F8�(WEST 61 STREET); THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF SAIDXHIGHWAY S87041 '42"E 40.98 FEET TO AN EXISTING AHC MONUMENT; THENCE S87040'49"E 26. 16 FEET TO AN EXISTING AHC MONUMENT; THENCE S88° 18 '0"E 3 . 15 FEET; THENCE LEAVING SAID RIGHT OF WAY S01044' 50"W 153 .30 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 315.50 FEET AND A DISTANCE OF 81 .06 FEET; THENCE S16028 ' 1 "W 8 .54 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 215.50 FEET A DISTANCE OF 40.68 FEET TO THE POINT OF BEGINNING, CONTAINING 27.969 ACRES, MORE OR LESS, FAYETTEVILLE, ARKANSAS . THE ABOVE DESCRIBED 27.969 ACRE TRACT BEING SUBJECT TO THE RIGHT OF WAY OF DUNCAN AVENUE, ANDERSON PLACE, HILL AVENUE AND ALL EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. 7ayve Mlfll k, PC Meeting of December 13 , 2004 ARKANSAS TI-{ E CITY OF 17AYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Jeremy Pate, Senior Planner Brent O'Neal, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: Revised 12-16-04 R-PZD 04-1307: Planned Zoning District (ASPEN RIDGE, 522/561): Submitted by MATT CRAFTON CRAFTON, TULL & ASSOC. for property located at THE SW CORNER OF HWY 62, S ON HILL AVENUE AND BORDERED BY 11TH STREET AND THE BURLINGTON NORTHERN RR. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 27.969 acres. The request is to approve a Residential Planned Zoning District with 220 condominiums in two phases proposed. Property Owner: HANK BROYLES Planner: JEREMY PATE PLANNING COMMISSION ACTION: Required YES Date: December 13, 2004 Approved O Denied 8-00 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: January 04, 2005 (151 reading if recommended) Findings: Property Description: The property consists of a total of 27.969 acres located in south Fayetteville, south of Hwy 62 (6`h Street), west of Hill Avenue, east of the Railroad, along Town Branch Creek. The property previously was inhabited by a mobile home park, which was recently removed by the applicant. Several tons of trash, debris, tires, etc. were separated and removed from this property, beginning the cleaning up process. A total of 49 mobile homes and 6 single family homes were removed in an effort to combine the property for development. The applicant has contributed much time and money in an effort to clean this particular site, which is not readily recognized in the development review process. Approximately half of the site is underneath tree canopy, the majority of which is located along College Branch Creek, a stream K.'I Reporls120041 PC Repor1s112-13-041 R-PZD 04-1307 (ASPEN RIDGE) REIOSED.do that bisects the site north and south. This stream, and associated runoff from surrounding development, has been the source of many neighborhood concerns in past years, due to high water, flooding and debris being washed into and down the creek during heavy rainfalls. There are existing wetlands in the area, as well, much of which the developer is proposing to retain or enhance. Existing Development: The site is currently vacant, with remnants of the previous mobile home park development evident. Surrounding Land Use/Zoning: Direction Land Use Zoning North Hwy 62 — 6` Street, busy arterial RMF-24, C-2 South Pinnacle Foods, Single Family I-2, RMF-24 homes, approved MF development East SF homes, Coors, Brenda' s Bur ers RMF-24, 1- 1 West Burlin ton-Northern Railroad RMF-24 Proposal: The applicant requests a rezoning and large scale development approval for a residential development within a unique R-PZD zoning district. The proposed use of the site is for a condominium-style development consisting of 220 attached residential dwelling units. Two separate phases are identified. Phase I consists of 113 units on the east side of College Branch Creek, and Phase 11 consists of 107 units on the west side of the creek. A future Phase III consisting of mixed-use office/retail/commercial is indicated on the site plans at the corner of 6°i Street and Hill Avenue, but is not the subject of this request. Process: Currently, the project proposal is submitted as one large tract of land, consisting of 27.969 acres. There are several independent parcels that create this tract, all of which are being combined into one for the purposes of development. Plans consist of all proposed buildings, parking, driveways, public and private streets, landscaping, tree preservation and mitigation, wetland mitigation, parkland dedication, trail construction, public utility extensions, etc., typically reviewed with a Large Scale Development. The developer intends to construct the project much as a typical multi-family development, with all structures, public infrastructure and utilities being constructed simultaneously. Though the process by which the request is being reviewed is a Large Scale Development consisting of 220 condominiums, the intent is to sell each of the 220 townhomes as a single-family residence and plat each townhome as a separate lot once the infrastructure has been constructed and the exact locations of the buildings are set in the field. To clarify, a condominium and townhome are distinct from one another: Condo unit owners own the inside of their units. Townhouse owners own the complete unit, including exterior surfaces and the land on which the unit is built. Condominium: a multiple-unit complex, the units of which are individually owned, with each owner receiving a deed to the unit purchased . . . and sharing in joint ownership of any common grounds, passageways, etc. (through an established POA/HOA) (paraphrased from Webster 's K:I Reportsl20041 PC ReportsII2-13-041R-PZD 04-1307 (ASPEN RIDGE) REVISED.do 0 0 College Dictionary, 1991). This type of dwelling unit typically does not have land attached to its deed, it is merely the unit alone, inside the walls of the structure. Townhome: a row house on a small lot, which has exterior limits common to other similar units. Title to the unit and its lot is vested in the individual owner with a fractional interest in common areas, if any. (Source: mortgagewarehousemb. com) A townhouse is a home that is attached to one or more other houses, but which sits directly on a parcel of land that you also own (if you don't own the land, it is a condominium). In order to plat individual lots for the townhomes in the future, an amended Planned Zoning District plat will have to be processed and approved by the Planning Commission and City Council, at that time. This will likely take the form of a Concurrent Plat, if it meets the appropriate criteria. Otherwise, a Preliminary and Final Plat process will be required. Proposed Land Uses: • Use Unit 1 : City-wide Uses by Right • Use Unit 8 : Single Family Dwellings • Use Unit 26: Multi-family Dwellings — Townhouse development, more than three attached units. The total proposed number dwelling units on the 27.969-acre site is 220, therefore the proposed density for the R-PZD is 7.87 DU/acre. The project site is currently zoned RMF-24, allowing for a much higher density of development as a traditional multi-family complex. The potential for a townhouse-style division of land, the inclusion of the public trail system, a public park, a large Tree Preservation and riparian corridor protection area, the challenges presented by existing natural conditions (drainage, slope and railway); all of these contribute to the need to process a Planned Zoning District in order for the best project to result for both the applicant and the city. Building Setbacks: Building setbacks are proposed as indicated on the plat. Most setbacks are 8' or 10' , with an exception at the 6`h Street frontage (20 feet) and Duncan/I I 1 Street frontage (25 feet). Building Height: Maximum building height shall be 40 feet. Greenspace: 51 .6% Impervious (greenspace), 48.4% pervious (streets, buildings, trail, parking) Wetlands: A small percentage of wetlands on the property are being filled and mitigated for in the riparian corridor along Town Branch Creek. As part of the Corps of Engineers permit to do so, a buffer area is to be deed-restricted for protection from future development. A portion of this area will also serve as the Tree Preservation and mitigation area. Water & Sewer: Water and sewer lines are being extended to serve the development. The applicant is extending public lines to service each unit individually, in order to legally subdivide the property in the future. K:Weporrs1200{IPC Repons112-13-041 R-PZD 04-1307 (ASPEN RIDGE) REVISED.do 0 0 Access: Access is from several streets in the area: 4 North: 61h Street (one-way entrance and exit, with a right-turn only allowed when exiting) South: Phase I has no access across the creek. Phase II : l 1th and Duncan Brooks Avenue and 12th Street. This separate access point is recommended to provide a safe means of access into Phase I1 and alleviate potential congestion at the intersection of I I1 and Duncan. East: Phase I access east to Hill Avenue. Phase 1I access south and east onto Duncan/] It"/ 12'h Streets. West: No access is available over the railroad. The ingress/egress to the proposed 113 units in Phase I is from 61h Street and Hill Avenue. Based on a traffic study prepared for this project, a turn lane and widening of the intersection is warranted at Hill and 6'h Street due to the increase in number of vehicle trips per day, and plans by the developer have been prepared accordingly. Ingress and egress to Phase II is more difficult, due to the lack of frontage for this particular parcel. Staff has recommended, and the developer consented, to constructing an additional means of access within platted right-of-way known as Brooks Avenue, to connect to the portion of 121h Street that is constructed. The other entrance to this phase is at the corner of I 11h and Duncan, which has been reviewed and determined to be satisfactory by the Engineering Division. Interior to the project, public streets are being provided within a varying right-of-way, with sidewalks on both sides in most cases. Staff recommends that where possible, the sidewalk be . . located at the right-of-way line, with a minimum distance of six feet from the curb, to meet Master Street Plan requirements. Adjacent Master Street Plan Streets: 61h Street (Principal Arterial), Hill Avenue, 11 "' Street, Duncan Avenue (Historic Collector) Street Improvements: Staff recommends street improvements to surrounding streets to bring them to a safe and adequate level of service for the additional units proposed in this area. A significant number of units are being added to this area, and much of the property being developed has no direct frontage onto adjacent right-of-way. The following are staffs street improvement recommendations for the developer to meet ordinance requirements for this development' s proportionate share: • Repair the broken pavement on ] 1 m Street, directly south of the proposed intersection at the corner of 11th and Duncan, as part of the improvements to this stretch of street. • Continue the existing sidewalk on the north side of 1 I th street to connect the proposed sidewalk on Greystone Drive (approximately 20 feet). • Complete the curb and gutter on the south side of I I1 street from the bridge west to the constructed curb/gutter. Minimum street width should be 24 feet, face of curb to face of curb (approximately 240 feet in length). • Widen the intersection at Hill Avenue and 61h Street, including a turn lane, the cost of relocating traffic signals and any necessary costs to add a left-tum signal to the existing KlReporls12004WC Repons112-13-041R-PM 04-1307 (ASPEi\' RIDGE) REVISEDJd signal system. (Recommended in traffic study) • Improve that portion of Hill Avenue adjacent to the subject property where necessary, to conform to City specifications. A six-foot sidewalk is required, at the right-of-way line. • Relocate the sidewalk along 6`h Street to transition from the railroad bridge to the Master Street Plan right-of-way line along the frontage of this project. • Construct a secondary means of access to Phase II; The applicant proposes to construct a 24-foot wide public street within existing platted right-of-way of Brooks Avenue and turning south to connect to 12`h Street. The Master Street Plan calls for a 28-foot wide street in this location, based on the platted right-of-way and member of vehicle trips per day to be generated. The applicant disagrees with this recommendation, stating the Traffic Study indicates only 4% of all traffic from Phase II will utilize Brooks Avenue. Based on this same report, the following is applicable: o Phase II will generate approximately 627 vehicle trips per day. o Figure 3 of the Traffic Report indicates slightly more vehicles will travel south from Phase II than north (358 vs. 303) in a 24 hour period. A 24-foot wide Residential Street is designed to serve a range of 300-500 vehicles per day, maximum. Should '/z of the traffic within Phase II of the development travel south, many of them will utilize the Brooks Avenue access. Typical traffic calculations by the City of Fayetteville, when two access points are provided, are based on % of the traffic potentially traveling in either direction. This would result in approximately 313 vehicles trips per day accessing the Brooks Avenue access. Additionally, the street to be constructed to provide the only secondary means of access to this site also fronts onto other properties that are vacant and have the potential to develop in the future, thereby increasing their volume. A Local Street, by contrast, is developed with a 28-foot width and can support up to 4,000 vehicles per day, per the Master Street Plan. Staff recommends a 28-foot wide street be constructed, to transition to the existing 31 -foot wide 12`h Street. This is based on providing a safe and adequate means of access to the proposed development, planning for this development along with potential other developments in the area that may access the street, and Master Street Plan requirements. Tree Preservation: Existing: 52.5% Preserved: 15 . 1 % Mitigation: On-site mitigation, to 25% minimum Parks: The Parks and Recreation board recommends a combination of money, land and services to meet park land dedication requirements. This will include 0.36 acres of land on which a 12- foot public trail is to be constructed by the developer, per the City of Fayetteville specifications. In addition, approximately 0.86 acres of land on the southern edge of the property is to be dedicated as a public park. Credit will be applied to the developer to account for 55 existing inhabited homes that were removed from the property. If remaining fees are due above and beyond the requirements herein, they will be applied to amenities for the park. Temporary Office Space: The applicant proposes to operate one ( 1 ) temporary office within the development specifically for the purpose of selling townhomes for Aspen Ridge. One of the constructed units in the Phase I area will be used as the location of the sales office, with office hours of Monday through Friday, 8 am to 8 pm, Saturday and Sunday 10 :00 am to 6:00 pm. K.IReporlsp0041PC Reporlsll1-13-041 R-PZD 04-1307 (ASPEN RIDGE) REVISED.dw • w Once all of the units in the development are sold, the sales office will be closed and sold as a single-family residence. Neighborhood Involvement• The applicant has met several times with adjoining property owners and neighbors on Duncan, both in groups and individually. Much concern has been voiced regarding the drainage and flooding problems associated with the Town Branch Creek. Many of the homes that are adjacent to this creek are within the 100-year floodplain or floodway. The developer has been involved with his engineers from the beginning of the process to best address these concerns, and others voiced by the neighborhood. Though not all are pleased with all aspects of the proposal, staff has received numerous calls from residents in this area pleased with the clean-up effort, removal of the mobile home park and the efforts to better the drainage situation, along with the proposal for single family attached units, rather than typical multi- family units that are allowed by right on the property. A draft of the future plat of lots, as well as the applicant's response to the Planned Zoning District requirements and description of the project have been submitted and are included in the staff report. Recommendation: Staff recommends the Planning Commission forward R-PZD 04-1307 to the City Council with a recommendation of approval for the requested rezoning and associated development plans, with the following conditions of approval : Conditions of Approval: 1 . Allowed uses in this R-PZD shall be restricted to Use Unit 1 : City-wide Uses by Right, Use Unit 8 : Single Family Dwellings and Use Unit 26: Multi-family Dwellings — Townhouse development, more than three attached units. 2 . Planning Commission recommendation for future vacation of portions of existing Duncan Avenue and Anderson Place rights-of-way to facilitate the proposed development. Staff recommends approval of the vacation of these platted rights-of-way, due to the changes in circulation proposed with the submitted site plans. The connection these two streets make will be in an improved configuration, with a boulevard section that enters into this neighborhood. PLANNING COMMISSION DETERMINED IN FAVOR OF THE RECOMMENDED FUTURE VACATIONS. 3 . No structure shall be permitted that falls into existing platted right-of-way. Formal vacation requests for Duncan Avenue and Anderson Place shall be submitted prior to permitting of affected buildings. 4. Planning Commission determination of the applicant' s request for a temporary sales office. Staff recommends approval, with the following conditions: One (1) dwelling unit shall be permitted to house a temporary sales office for the sole purpose of selling dwelling units within the Aspen Ridge Planned Zoning District. The sales office shall appear in all manners as a dwelling unit, and shall cease operation and revert to its intended use as a single family residence once the remaining units have been sold. K:IReporls110041PC Reporls111-13-04IR-PZD 04-1307 (ASPEN RIDGE) REI'tSED.dw