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HomeMy WebLinkAboutOrdinance 4954 er' t. � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII VIII VIIIIIIIIII �. Doc ID : 010705160006 TVDe : REL _ _4 a Recorded : 12/29/2006 at 01 : 59 : 38 PM Fee Amt : : S23 . 00 Paos 1 of 6 Washington Countv . AR Bette Stamps Circuit Clerk F11e2006-00052309 r i ORDINANCE NO, 4954 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 06-2191 , UNIVERSITY CLUB TOWER, LOCATED NORTH OF LOWE'S HOME CENTER, EAST OF COLLEGE AVENUE (HIGHWAY 71 ), CONTAINING APPROXIMATELY 10.39 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-O, Residential-Office, and C-2, Thoroughfare Commercial to R- ! PZD 06-2191 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 indicated in Exhibit "C" attached hereto and made a part hereof. 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 I above. f,.,,,,,,,,, � tVTR, `4**, PASSED and APPROVED this 5th day of December, 2006. q8 •G�7Y p •. WlM '• FAYETTEVILLE ; APPROVED: ATTEST: ` y � • • � w��''�s•q'QkANSP� ZA�TotA . J By BY QAA. DAN COODY, Mayor SSONDRA SMITH, City Clerk i EXHIBIT "A" R-PZD 06-2191 COMBINED PROPERTY DESCRIPTION PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW 1 /4 OF THE NE 1 /4) AND PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE 1 /4 OF THE NE 1 /4) OF SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (TWP 17 N) RANGE THIRTY WEST (RNG 30 W), WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATA STEEL PK NAIL THAT MARKS THE SOUTHEAST CORNER OF THE SW 1 /4 OF THE NE 1 /4 OF SECTION 23 , TWP 17 N., RNG 30 W., THENCE NO2042131 "E 37.66 FEET TO A STEEL REBAR PIN; THENCE N87°25'39"W 135 .81 FEET TO A STEEL REBAR PIN ON THE EAST RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 71 -B, SAID PIN BEING THE POINT OF BEGINNING AND RUN THENCE ALONG SAID RIGHT OF WAY LINE NO 008'00"E 94.41 FEET TO A STEEL REBAR PIN; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE N00° 10' 10"W 95.42 FEET TO A CONCRETE RIGHT OF WAY MONUMENT; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE N29040'02"W 160.98 FEET TO A STEEL REBAR PIN ; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE N01033'28"E 53.09 FEET TO A STEEL REBAR PIN; THENCE DEPARTING SAID HIGHWAY RIGHT OF WAY LINE N70002'03"E 126.32 FEET TO A STEEL REBAR PIN; THENCE N68057' 11 "E 124.05 FEET TO A STEEL REBAR PIN; THENCE N75022'45 "E 99. 14 FEET TO A CHISLED "X" IN CONCRETE; THENCE N84°01 '10"E 255.68 FEET TO A STEEL REBAR PIN; THENCE N75058' 11 "E 77.46 FEET TO A STEEL REBAR PIN; THENCE SOI 056'00"W 176.92 FEET TO A STEEL REBAR PIN;THENCE S87°20'52"E 311 .46 FEET TO A STEEL REBAR PIN; THENCE N60°28'09"E 98.92 FEET TO A STEEL REBAR PIN; THENCE 142.95 FEET ALONG A CURVE TO THE LEFT SAID CURVE HAVING A RADIUS OF 60.00 FEET AND A LONG CHORD OF S25054' 1 4"E 111 .46 FEET TO A STEEL REBAR PIN ; THENCE 23 .55 FEET ALONG A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 25 .00 FEET AND A LONG CHORD OF S67010'03 "E 22.69 FEET TO A STEEL REBAR PIN; THENCE S4001 1 '42"E 13 .22 FEET TO A STEEL REBAR PIN ; THENCE S49°48' 18"W 220.73 FEET TO A STEEL REBAR PIN; THENCE S35°21 '32"E 223 .57 FEET TO A STEEL REBAR PIN; THENCE N87025'39"W 1014.38 FEET TO THE POINT OF BEGINNING, CONTAINING APPROXIMATELY 4525361 SQ. FT. OR 10.385 ACRES, MORE OR LESS. EXHIBIT "C" R-PZD 06-2191 (Page 1 of 4) Conditions of Approval: 1 . City Council determination of standards for the 24' street connecting College Avenue and Timberlake Court. Staff recommends and the applicant requests the proposed street connecting Timberlake Court and College Avenue remain private with a public access easement allowing.for public ingress/egress. The proposed 24 '-wide private street shall be constructed to city standards, with regard to curb, gutter, pavement section, etc. Additionally, pedestrian sidewalks/trails shall connect from Timberlake Court to College Avenue. Slopes and sidewalk construction shall be reviewed with construction drawings. The private street option would require a waiver of Ch. 166. 06 K. 10. b. i. , which states that any street connecting one or more public streets shall be dedicated as a public street. Staff's recommendations for the private street are included in an Engineering memo attached. The Planning Commission recommended this street be constructed and dedicated as a public street, thus meeting the above-cited code section. However, to do so, several other waivers for street design standards are necessary, due to the slope at which this street is being constructed City Council determined in favor of a private street, in the alignment presented 12-05-06. 2. Planning Commission determination of a waiver of landscape requirements for 1 tree per 30 linear feet adjacent to College Avenue right-of-way. Staff recommends approval of the requested waiver due to the grade change between the street and right-of-way line, finding that the installation of trees approximately 40 ' above street grade will not provide the intended shade and pedestrian streetscape. Additionally, significant slope and drainage improvements by the highway department will likely not allow additional street tree plantings in the area of right-of-way. The Planning Commission found in favor of the requested landscape waiver. City Council determined in favor of the waiver request. 3 . Planning Commission determination of street improvements. Staff finds that the street improvements required for the development of Timberlake Office Park are sufficient to provide safe ingress and egress for this development to Zion Road. Staff recommends that the public street through Timberlake Office Park shall be constructed, inspected, approved and dedicated prior to issuance of a Temporary Certificate of Occupancy for this project. Should Timberlake Office Park development not occur, this PZD may not be permitted or constructed without further Planning Commission consideration. The Planning Commission found in favor of the recommended street improvements. The City Council found in favor of the recommended street improvements. 4. The street connection to College Avenue shall be approved by AHTD prior to issuance of building permits. Should AHTD deny the proposed street connection, approvals for the R- PZD are null and void unless the applicant receives approval for a modification of connectivity from the Planning Commission and City Council. EXHIBIT "C" R-PZD 06-2191 (Page 2 of 4) 5 . The entrance from College Avenue shall be widened to a minimum 20' to comply with Fire Code requirements. The access shall be sufficiently marked with signage to adequately direct the flow of traffic (right in-right out only). 6. Should the proposed street be private, an access easement granting public access from College Avenue to Timberlake Court, covering the entirety of the private street, shall be dedicated by easement plat or separate document prior to issuance of a building permit. 7. The street shall align as closely as possible to utilize already cleared/disturbed area for Timberlake Office Park detention pond, to minimize tree disturbance, subject to approval by the Urban Forester. 8 . Minimum 4' concrete sidewalks and concrete or asphalt pedestrian walkways and trails as shown on the site plan along the private road, public street, and on the property shall be a requirement of the PZD and constructed prior to issuance of a Certificate of Occupancy. 9. Tree protection fencing will be very complex for this project. The developer shall coordinate with the Urban Forester to phase this fencing and where possible revise it to be closer to the limits of disturbance. Minimum tree canopy preserved as proposed is 53 .37%, after the addition of the lift station. No mitigation is required. 10. Parks fees for a maximum of 80 multi-family units are $54,400. Fees will be based on the actual number of units built and will be due prior to issuance of the building permit. 11 . Signs on the property shall be subject to signage requirements for residential multi-family development. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code. The ordinance allows for one on-site freestanding or monument sign with a display area of 4 square feet or 16 square feet, respectively, and one wall sign with a maximum display area of 16 square feet. 12. No reflective glass shall be permitted on the structure, pursuant to the developer' s application. 13 . No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. 14. The applicant shall be granted one ( 1 ) year from the date of City Council approval to receive all building permits necessary for development of the project with a one ( 1 ) year extension available pursuant to City ordinances for large scale developments. r EXHIBIT "C" R-PZD 06-2191 (Page 3 of 4) 15 . The proposed walking trail is a great asset for the development and shall be routed where possible to avoid trees and disturbance. The developer shall coordinate this route with the Urban Forester to ensure that little to no overhead canopy is removed. All slopes shall be re- vegetated to prevent erosion from this site in accordance with City accepted practices. 16. The applicant shall provide a walking trail from the project to the south to provide pedestrian connectivity to Lowe's Home Center. 17. The proposed location of the lot lines for the lift station have not yet been approved by the Engineering Division. The applicant shall deed the required area for the lift station to the city by separate document. Adequate access shall be provided to the property to be contained within the deeded property or a recorded access easement prior to recordation of the Timberlake Office Park Final Plat. 18. Tree canopy removed for the construction of the lift station shall be mitigated at Final Plat for the non-residential subdivision Timberlake Office Park, by the developer of said subdivision. 19. 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. 20. All revisions to the PZD books and plats as noted in the attached memo shall be completed prior to issuance of building permits. 21 . Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. Coordination shall occur between the Solid Waste Division and the Urban Forester regarding pruning or additional tree removal to accommodate the dumpster. 22. All exterior lighting, including lighting proposed within the parking lot and along the private drive, shall comply with the City' s Outdoor Lighting Ordinance. A lighting plan and cut- sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 23 . All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. EXHIBIT "C" R-PZD 06-2191 (Page 4 of 4) 24. 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 Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 25 . 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. 26. 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. b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions d. 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 12/29/2008 01 :59:38 PM and recorded in Real Estate File Number 2006-000523 Bette Stamps - Circui C by Arkansas Democrat V05axette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Karen Caler, 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: ORDINANCE 4954 Was inserted in the Regular Editions: December 15, 2006 Publication Charge: $358 . 70 RECEIVED Subscribed and sworn to before me DEC 18 2006 This day of 1C nf 1 2006. CITY ®FPAYMEviut CIN CLERK'S bFFIbE Notary Public "LC(jUa� My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 113 ONNNAMOE MO. OW AN ORDINANCE ESTABLISHING A RESIDENTIALevi le PLANNED ZONING DISTRICT TITLED ED7ye 2191 , UNIVERSITY CLUB TOWER, LOCATEC NORTH OF LOWE'S HOME CENTER OF EAST COLLEGE AVENUE 'HIGHWAY 711, CONTAINING LOCA APPROXIMATELY 1039 ACRES. AMENDING THE ARKANSAS OFFICIAL ZONING MAP OF THE CITY OF FAYET- TEVILLE. AND ADOPTING THE ASSOCIATED MASER DEVELOPMENT FLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SeCTxm 1: That me Zane classification Of Ne fo11I described properly is hereby changed as foI- knre: From RI Residerltial.Olfics, and C-2. Thoroughfare Cmnercial W FEI 06-2191 as shown in Exhibit "Am and depicted in Exhlba 'ED attached hereto and made a part hereof, Section 2: That the change in zoning classification is based upon Ne approved master devebp- ment Plan, development Standards, statement of commitments and the conditions of approval as Submitted. determined appropeala and approved by Ne City Council indicated in Exhibit 'C' attached hereto and made a part hereof. Section 3: That this ordinance shall take effect and be in full force at such time as all of the require- ments of the master development plan have been met. Section 4: That the official zoning map Of the CM of Fayetteville. Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. RIMMED 4YW ANMOVMM 15th day of December, 2006. APPROVED: ATTEST BOSH COMyr NOW BEOMEINI OM CkyCITE Clwk EXHIBIT 'A' R-PZD 06-2191 COMBINED PROPERTY DESCRIPDON PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW 114 OF THE NE 1/4) AND PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE 1/4 OF THE HE 1/4)OF SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (TWP 17 N)RANGE THIR- TY WEST (RNG 30 WE WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A STEEL PK NAIL THAT MARKS THE SOUTHEAST CORNER OF THE SW 1/4 OF THE HE 114 OF SECTION 23. TWO 17 N., RNG 30 W., THENCE NOT4F31'E 37.66 FEET TO A STEEL REBAR PIN; THENCE N8T25'39'W 135.81 FEET TO A STEEL REBAR PIN ON THE EAST RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 71-B, SAID PIN BEING THE POINT OF BEGINNING AND RUN THENCE ALONG SAID RIGHT OF WAY LINE N01'OB'OPE 96.41 FEET TO A STEEL REBAR PIN; THENCE CONTINUING ALONG SVD RIGHT OF WAY LINE N001U10'W 95.42 FEET TO A CON- CRETE RIGHT OF WAY MONUMENT, THENCE CONTINUING ALONG SAID RIGHT OF WAY UNE N29°4002Yy 160.98 FEET TO A STEEL REBAR PIN; THENCE CONTINUING ALONG SAID RIGHT OF WAY UNE N01033'28E 63.09 FEET TO A STEEL REBAR PIN; THENCE DEPARTING SAID HIGH- WAYRIGHTOFWAYUNEN70°02'03'E 126.32 FEET TOA STEEL REBAR PIN, THENCE NEISI VE 124.05 FEET TO A STEEL REBAR PIN. THENCE N7502745'E 99,14 FEET TO A CHISLED 9C IN CONCRETE; THENCE NB4'01'10'E 255.68 FEET TO A STEEL REBAR PIN; THENCE N75458'I VE 77.46 FEET TO A STEEL REBAR PIN; THENCE S01956'001V 176.92 FEET TO A STEEL REBAR PIN;THENCE S8r20'52E 311.46 FEET TO A STEEL REBAR PIN; THENCE N6&28'09E 98.92 FEET TO A STEEL FEW PIN; THENCE 142.95 FEET ALONG A CURVE TO THE LEFT SAID CURVE HAV- ING A RADIUS OF 00 00 FEET AND A LONG CHORD OF S25054'14E 111.46 FEET TO A STEEL REBAR PIN. THENCE 23.55 FEET ALONG A CURVE TO THE RIGHT SAID CURVE HAVING A RADIUS OF 25 00 FEET AND A LONG CHORD OF S6710O3'E 22.69 FEET TO A STEEL REBAR PIN; THENCE S4011'42'E 13.22 FEET TO A STEEL REBAR PIN. THENCE S49048'181V 220.73 FEET TO A STEEL RESAR PIN: THENCE 335'21'32'E 22357 FEET TO A STEEL REBAR PIN'. THENCE N87°25'39'W 1014.38 FEET TO THE POINT OF BEGINNING, CONTNNING APPROXIMATELY 452,361 SO. FT OR 10 385 ACRES. MORE OR LESS. Exhib4 'B. is a map and may be viewed In tM City clerkk office during normal business hours �.� 3 EXHIBIT "C' R-PZD 176-2191 Conditiol. t CM AlCpu determination of Standards for the 24' street connecting College venue and TimbMake Court. Staff recommends and the applicant requests the proposed sheet connecting Timberlake Cpurt and College Avenue remain private wiU a public access eaeanent allowing for pudic kgree llegress. The proposed 24'-wide private street shall be constructed to city standards, ate regaldt : rh i .ice,. pavement section. etc Additionally. pedestriansldewalkyroulsshallcon - elir Te ri:or:ho Gr„" to Carege Avenue. Slopes and sidewalk construct on shall ee reviewed A 7- . r .r10 diawngs The private street option would require a waiver of Ch 166 06 K It i , vi-c- ga'cs •`ill any street conne6'ing one or more public streets shall be dedicated as a public '.heel S'a'i, 'ecommunications for the privale street are included in an Engineering memo allached. Tlie Pr img C:xrmissxxt recomimornJea this Street be constructed and dedicated as a pubic crihi Mus meeting the aeove-clte0 code section. However, to do so, several other waivers ler sbeel design standards are necessary due to the slope at which this street 1s being constructed. Cty Council determined in favor of a private street, in the alignment presented 12-05-06. 2 Planning Commission determination of a waiver of landscape requirements for 1 tree per 301in- ear feet adjacent to College Avenue rightof-way. Staff recommends approval of ibe requested waiv- er due to the grade change between the street and nightof-way line, finding that the Instelletron of trees approximately 40• above street grade will not provide Me intended shade and pedestrian strestscape. Additionally, significant slope and drainage kmprovanents by Me highway department will likey not allow additional striet free plartlMgs in the arae of righ of-way The Peening Car"fiston torts in favor of Me remuesed landecepe waiver. City Courel Bete,mined ri `afar ct the Aarver reauest 3. Manning Con-missor de[erminauon of street mprovemenls Staff Ands vat the Street Improve- ments required Id the development of Timberlake Office Park are sufficient to provide Safe ingress and egress for this development to Zion Read. Staff recommends that the public street through Timberlake Office Park shall be constructed, Inspected, approved and dedicated prior to issuance of a Temporary Certificate of Occupancy for MIS protect. Should Timberlake Office Park develop meal rid occur, this PZD tray not be permitted by constructed without further Planning Commisson consideration. The Planning Commission found In favor of the recommended street improvements. The Cry Council found in favor of the recommended Street Improvements. 4 The sheet connection. to College Avenue shall be approved by AHTD prior to issuance of budd- ing perfnus. Should AHTO deny the proposed street contraction, approvals for the R-PID are null ,and void unless the applicant receives approval for a modification of connectivity from Me Planning Commission and City Council. 5. The entrance from College Avenue Shall be widened to a minimum 20' of comply with Fire Code requirements. The access shall be Sufficiently marked with signage to adequately direct the flow of traffic (right in-right but only). 6. Shand the proposed street he private, an access easement granting public access from College Avenue to Timberlake Could, covering the entirely of Me private street, shall be dedicated by ease- ment plat a Separate document prior to issuance of a Wilding permit. 7. The street shall align as closely m possible to of already Gearedldislurbed area far Timberlake Office Park detention pond, to minieze bee disturbance, subject to approval by the Urban Forester B. Minimum 4' concrete sidewalks and concrete or, asphalt pedestrian walkways and tests as shown on Me site plan along the private read, public street and on the property shall be a requirement of Me PZD and constructed prior to issuance of a Certificates of Occupancy. 9. Tree protection fencing will be very co npex for this project The developer shall coordinate with Me Urban Forester to phase MIS tenting and where possible revise t to he closer to the Nets of dis- turbance. Minimum tree canopy preserved as proposed is 53.37%, after the addition of the Int sta- tion. No mAigatim is required. 10. Parks lees for a maximum of BO multi-family units are $54,400. Fees will be based an the actu- al number of units built and will be due prior to issuance of the building permit. 11 . Signs on the property shall be subject to signage requiremands for residential multi-family devel- opment Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code. The ordinance allows for one on-site freestanding 0rmonumentsign with adis- play area of 4 square feet or 16 square feet. respectively, and one wall sign with a maximum display area of 16 square feel 12. No reflective glass shat) be permitted on the structure, pursuant to the developer's application. 13. No portion of any structure (ie.. porches, overhangsetc.I shall encroach into building setbacks or Wlity easements. 14. The applicant shall be granted one (1 ) year from Me date of City Council approval to receive all building permits necessary for development of the protect with a one (1) year extension available pursuant to Cay ordinances for large scale developments. 15. The proposed "Wing trail is a great asset ler the development and shall be routed where pos- li be to avoid trees and disturbance. The developer shall coordinate Mrs rate with Me Urban Forester to ensure that lite to he overhead canopy is removed. All slopes shall be re-vegetated to prevent erosion from Mus Site in accordance with CM accepted practices. 16. The applicant shall Floods a walking trail from the protect to the scrum to provide pedestrian con- nectivity to Lowe's Home Center. 17. The proposed location of the lot lines for the lift station have not yet been approved by the Engineering Division. The applicant shall dead the required area for the lift station to the city by sep amts document. Adequate access shall be provided to the property to be contained within the deeded property or a recorded access easement prior to recordation of the Timberlake Office Park Final Plat. 1 B. Tree cetopy removed fer the construction of the lift station shall be mtigated at Final Plat for the non-residentiat subdivision Timberlake Office Park, by the developer of said subdivision. 19. The Master Development Pan, Statement of Commitments and Architectural Standards submit- ted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted berein and offer requirements placed upon Me project with review of Me Master Development Ran - Pennect Zoning District by the City Council shall also be binding. 20. All revisions to tie PZD books and plats as noted in the atlached mento shall be completed prior to iaeuance of bulci g permits. 21 Trash enclosures shall be screened on mrse sides with materials compatible with the surround- ing structures, with access not visible from Me street Coordination shall occur between me Solid Wage Division and Me Urban Falser regarding pruning or additional tree removal to accarrno- dale Me container. 22. All exemia lighting, including lighting proposed within the basking lot and along the private drive, ahaY comply with the Cm's Outdoor Lighting Ordinance. A lighting plan and cul-sheets of the pro- posed ekteria light fixtures shall be required to be approved by Planning Staff pnor to building per- mit 23. All overhead electric lines 12kv and under shall be relocami underground. All proposed utilises "it be located underground. 24. Plat Review and Subdivision comments (to include whose staff comments provided to Me epplL cant or his rapreeenetive, and all comments from Wilily representatives AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Commtnceion d 25. Staff approval of final detailed plans, specifications and Calculations (where applicable) fa grab all drakrage, water, sewer, fire protection, streets (public and private), sidewalks, parking lots) and tree preservaten. The Intamation eubriified for Me plat review process was reviewed for general concept only All Public improvements are Subject to additional review and approval. All Improve- Man r shall comply with City's current requitereants. 26. Pnor to Me issuance of a Wilding pemrl Me following is required a Grading and drerege permits b An on-ete inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate Statement plat for MIS project Mat Shall include the Ire% preservation area. d. Project Disk with all final revanche a. Completed of all required mprovermnts a the placement of a surety with the City letter of creel it. bad, escrow) as required by Section 156.01 -Guarantees In Lieu of Installed Improvements' to guarantee all incomplete improvements. Further, all improvements necessary to serve tie site and pdZt public Safety most be completed, not just guaranteed, prior to the issuance e a Cendicate of Occupancy, r� A City of Fayetteville • u �G6 Staff Review Form ( �5y CityCouncil Agenda Items or Contracts t U.2f 5-vgt Club « r 7-Nov-O6 City Council Meeting Date Jeremy Pate ' Planning Operations Submitted By Division Department Action Required: R-PZD 06-2191 : Residential Planned Zoning District, University Club Tower, submitted by Crafton Tull and Associates, Inc. for property located north of Lowe's Home Center, east of College Avenue (Highway 71 ). The property is zoned R-O. Residential Office, and C-2, Thoroughfare Commercial, and contains approximately 10.39 acres. The request is for a 13 story/approximately 200' tall building with a maximum 80 dwelling units and both surface and underground parking. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Depa nt Dire r Date Original Contract Date: n/a X Original Contract Number: n/a City Attorney r iv rk's Office Finance and Internal Service Director Date Received in Mayor's Office Ib a r Ma or � Date Comments: ah WV, in 9/45.t r X17 // 717(0 • City Council Moting of November 7, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council 4 r Thru: Gary Dumas, Director of Operations �Q From: Jeremy C. Pate, Director of Current Planning b Date: October 18, 2006 Subject: Residential Planned Zoning District for University Club Tower (R-PZD 06-2191 ) RECOMMENDATION The Planning Commission voted to forward the subject request for an ordinance creating a Residential Planned Zoning District (R-PZD) for University Club Tower. This action would establish a unique, zoning district for a residential development on a 10.39-acre tract located on cast of College Avenue, north of Lowe's Home Center. BACKGROUND The subject property consists of approximately 10.39 acres located on the north sideof Zion Road and Lowe's Home Center, east of College Avenue, south of Clear Creek. . The site is zoned C-2 (6.85 acres) and R-0 (3 .54 acres). Although not within the Hillside/Hilltop Overlay District, the property has considerable slope. . It : is undeveloped at this time and is entirely covered with tree canopy. The portion of property zoned R-0 is a proposed lot within the Timberlake Office Park Subdivision, a development recently approved for construction. The applicant requests rezoning and large scale development approval for a residential development in an R-PZD zoning district. The proposed use of the site is for a single multi-family condominium building with a maximum 80 dwelling units and 144 bedrooms. The structure will be a maximum 13 stories or 200 feet and will offer a pool, health center, and other amenities to the residents. Walking trails are proposed for the .. use of the residents. This residential structure will provide additional housing in a regional commercial node. It is intentionally vertical to minimize the footprint and preserve natural land and tree canopy. The close proximity to commercial services will be an asset to those who reside in the property and consequently benefit the surrounding commercial businesses. The building has been oriented in a north/south direction to minimize heat gain and the applicant has indicated devices will be installed to reduce cooling loads. Zoning criteria identifying permitted and conditional uses, building setbacks, bulk and area requirements and architectural guidelines are included within the project booklet provided by the applicant. DISCUSSION On October 9, 2006, the Planning Commission voted 8-0-0 to forward this request to the City Council. The motion included a requirement that the proposed street between College • City Council Ating of November 7, 2006 Agenda Item Number Avenue and the proposed Timberlake Court be constructed and dedicated as a public street within a 40 foot right-of-way. The applicant has submitted a plan representing a 24 foot private street through the property. Staff recommends that the 24 foot street be constructed to city standards but remain a private street. (See the attached memo from Engineering Division.) The City Council would need to determine whether the street should be public or private, should the project be approved. The Planning Commission approved a waiver of landscape requirements for 1 tree per 30 linear feet adjacent to College Avenue right-of-way, finding that due to the grade change between the street and right-of-way line, the installation of trees approximately 40' above street grade will not provide the intended shade and pedestrian streetscape. No street improvements other than the connection between Timberlake Court and College Avenue were rdquired for this development, finding that those improvements on Zion .Road to be installed with the development of Timberlake Office Park are sufficient to provide safe ingress and egress for this development to Zion Road. The revised plats have been modified since the Planning Commission review to add 13 additional surface parking spaces along the private drive. Either one parking space shall be removed or a landscape island shall be installed in order to satisfy parking lot landscape requirements which allow no greater than a row of 12 parking spaces. The parking requirements are being met with this additional parking, though staff recommended, and the Planning Commission concurred, that additional surface parking was not to be added to the project. BUDGETIMPACT None.