HomeMy WebLinkAboutOrdinance 4959 � IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII VIII VIII VIII VIIIVIII VIIIIIIIIIIIIIIII ' I
Doc ID : 010766490009 Tvpe : REL ' f
I Recorded : 01/22/2007 at 02 : 20 : 08 PM
. Fee Amt : $32 . 00 Pace 1 of 9 y
Mashlnoton Countv . AR
' Bette Stamps Circuit Clerk l
F11e200740002647
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ORDINANCE NO. 4959
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06- 1884, WESTSIDE VILLAGE,
LOCATED SOUTH OF WEDINGTON, EAST OF RUPPLE ROAD,
CONTAINING APPROXIMATELY 21 .63 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 RMF-24, Residential Multi-Family, 24 units per acre to R-PZD
06- 1884 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 1 above. ,,����� Mit,,,
PASSED and APPROVED this 19`h day of December, 2006. �� °°&1 Y O;c ° G.p
; FAYETTEVILLE ; 9
APPROVED: ATTEST: tsSP��
.,NGTON ,��`'�..
By: By: t L3n .��-c✓
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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EXHIBIT "A"
R-PZD 06-1884
TRACK 3, FINAL PLAT OF W.H.M. LAND INVSTMENTS, INC., AN ADDITION TO FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, BEING FILED FOR RECORD 12- 19-05 AS PLAT 17- 102.
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EXHIBIT "C"
R-PZD 06-1884
(Page 1 of 6)
Conditions of Approval
1 . City Council determination of street improvements.
a. Residential Development: Impact fees to Rupple Road are based on a contractual agreement
for development ofthe propertyfor residential units (see attached) signed by the City as part
of the final plat including the subject property in the amount listed as follows:
Westside Village
Rupple Road Im act Fees
Type of Proposed Contracted Excess Cash Letter Total Total
Units No. of Total Units Units Per of Cash Due Letter of
Units Unit Credit Credit
Per Due
Unit
Apartments 352 260 92 $320.5 $213 .6 $29,486.9 $19,657.6
1 7 2 4
Notes:
*See attached contractual Agreement, in conjunction with the Final Plat 01 -07.00, in which the
current proposal is Lot 3 .
*The Cash and Letter of Credit amounts are due prior to building permit.
The applicant shall submit $29,486.92 and a letter ofcreditfor $19,657.64 prior to issuance
of building permit.
The applicant requests to pay these impactfees based on the number ofunits built rather than
on the maximum number of units allowed by the proposed PZD. The applicant proposes to
pay these impact fees per construction phase as delineated on the plans prior to the building
permit issuance for that phase only.
CITY COUNCIL DETERMINED IN FAVOR OF THIS CONDITION (12-19-06).
b. Commercial Development: The contract for the Rupple Road impact fees covered only
residential development on this lot. The applicant is also proposing 55, 000 square feet of
non-residential development on this lot (not including the civic building and live-work units).
Appropriate assessment for the traffic impacts generated by the proposed non-residential use
has been evaluated by the City Planning and Engineering Divisions and an assessment
amount of 544. 396. 49 shall be paid prior to issuance ofa building permit for the commercial
portion ofthe development for improvements to Rupple Road. A memo from City staff to the
applicant describing the methodology used to derive the assessment amount is attached to
this report.
CITY COUNCIL DETERMINED IN FAVOR OF THIS CONDITION (12-19-06).
EXHIBIT "C"
R-PZD 06-1884
(Page 2 of 6)
2. City Council determination of adequate connectivity.
• North. The stub-out to the north for Street #2 shall be revised to indicate a 20' one-way paved
section for a northbound lane, and a 20' one-way paved section for a southbound lane, divided by
a median, extending the boulevard section to the northern property line. All stub-outs to the north
shall be constructed to the property lines, with proper barricades and future street connection
signage.
• South. A pedestrian connection to the existing Boys and Girls Club located adjacent to the
southern border of the site shall be provided as indicated.
• East. The City Council agrees to the contract attached as Exhibit "D" to the ordinance as well as
the amended plat which allows construction of the stub-outs to the east one foot from the eastern
boundary line with proper signage on the barricade indicating a future street to be constructed.
West. The connections west to Rupple Road are found adequate.
CITY COUNCIL AMENDED THE PLANNING COMMISSION RECOMMENDATION TO ACCEPT THE
STREET COMMITTEE RECOMMENDATION AS NOTED ABOVE (12-19-06).
3. City Council determination of a waiver of street design standards.
a. The applicant requests a waiver to allow a 15 ' curb return radius (CRR) at all street
intersections and driveways when City Code requires a 30' CRR for streets (UDC
Section I 71 .02(C)), and 25 ' for commercial driveways (UDC Section 172.04(D)(2)(a)(iv)).
Staff and the Street Committee recommend 20 foot curb return radii in all instances where
23 foot street widths are provided for two-way traffic.
CITY COUNCIL AMENDED THE PLANNING COMMISSION RECOMMENDATION TO ACCEPT THE
STREET COMMITTEE RECOMMENDATION AS NOTED ABOVE (12-19-06).
b. The applicant requests a waiver to allow different street cross sections than are allowed by the
current Master Street Plan standard. Staff and the Street Committee recommend all street
cross-sections as proposed, with amendments as noted herein. The Street Committee also
recommends that Street #2 be a public street as requested by the applicant, with the
bioswales within the right-of-way to be maintained permanently by the owner or assigns.
CITY COUNCIL AMENDED THE PLANNING COMMISSION RECOMMENDATION TO ACCEPT THE
STREET COMMITTEE RECOMMENDATION AS NOTED ABOVE (12-19-06).
4. City Council determination of commercial design standards for the commercial structures and overall
compatibility and transition in the proposed development. Stafffinds in favor of this determination.
The building elevations of the non-residential structures are well-articulated and provide for a
consistent and overriding theme throughout the development, which transitions well between the
mixed use buildings, townhouses, live-work units, and flats. The zoning criteria for the residential
structures requires buildings to front the street, and reduced building setbacks help create a
streetscape and facilitate an overall compact and complete development, with the urban structures
broken up by a village green and pedestrian greenway at key visual points, preventing a monotony of
structures.
CITY COUNCIL DETERMINED IN FAVOR OF THIS CONDITION (12-19-06).
J
EXHIBIT "C"
R-PZD 06-2191
(Page 3 of 6)
5. Planning Commission determination of a waiver of Chapter 166 and 172 of the Unified Development
Code, for 24' wide drive aisles/parking stub-outs. Street/driveway widths shall be modified to a
minimum with of 24' for two-way access, and 12' for one-way access in all instances. The two-way
drive aisles around the perimeter of the development are 23 ' .
Several other drive aisles have different widths such as 22', 23 ', and 25 ' . The Street Committee
recommends a 23 foot back-of-curb to back-of-curb dimension be utilized for all driveways, drive
aisles, public streets and private streets where two-way traffic is proposed.
CITY COUNCIL AMENDED THE PLANNING COMMISSION RECOMMENDATION TO ACCEPT THE
STREET COMMITTEE RECOMMENDATION AS NOTED ABOVE (12-19-06).
6. Sidewalks along Rupple Road shall be constructed to city standards and dedicated to the City.
Sidewalks along all interior public streets shall be constructed to city standards with a minimum of 6'
in width. All sidewalks and greenspace adjacent to private streets shall not be owned by the City, but
shall be within a public pedestrian access easement. Private street improvements shall also be
constructed by the property owner to City standards and maintained to acceptable City standards by
the property owner or property owner's association. Private streets, sidewalks and detention ponds
shall be the responsibility of the property owner or property owner 's association to maintain
according to city standards. Covenants shall provide that in the event the private streets are not
maintained as required, the City shall have the right (but shall not be required) to maintain said
streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis
according to assessed valuation for ad valorem tax purposes and shall have a lien on the real
property within the PZD for such cost. The covenants shall grant the City the right to use all private
streets for purposes ofproviding fire and police protection, sanitation service and any other of the
municipal functions. Said covenants regarding maintenance ofprivate streets shall not be amended
and shall not terminate without approval of the City Council (§ 166.06 (K. I O.b.vii).
7. Pedestrian walkways/sidewalks and landscaping as shown on the site plan and Master Development
Plan along all public and private streets with a maximum separation of one tree per 30' linear feet of
street, and between the buildings (typical) shall be a requirement of the PZD, and shall be installed as
buildings are constructed, prior to occupancy.
8. Right-of-way dedication in the amount of 55' from centerline of the existing Rupple Road right-of-
way needs to be provided with this development. Right-of-way for internal public streets to be
dedicated in variable widths as indicated on the site plan, by way of easement plat prior to issuance of
building permits.
9. Due to the very large and complex nature of this project, a detailed review of all aspects of the site and
landscape plans in each phase of construction shall take place prior to issuance of building permits.
The development shall be consistent with the site plan and mix of uses as approved in the PZD. All
development shall meet applicable zoning and development criteria, unless specifically waived or
varied by the Planning Commission as part of the PZD approval.
EXHIBIT "C"
R-PZD 06-1884
(Page 4 of 6)
10. The applicant shall submit a guarantee (letter of credit, bond, or cash) of$ 1 ,000 per dwelling unit and
for non-residential uses, a fee based on square feet of use and determined by the City Engineer prior to
issuance of a building permit for contributions to an interim solution to wastewater capacity concerns
in the Owl Creek/Hamestring Creek basin, if the improvement is required. Final determination of the
contribution shall be made by the City Engineer.
11 . This project is required to obtain all permits for Phase I within one year of approval by City
Council, and required to obtain all permits for Phase 11 within eight years of approval by City
Council. A one-year extension may be approved by the Planning Commission subject to
ordinance criteria.
12. All private streets shall be included in a shared access easement. This access easement shall be
included on the easement plat.
13 . Solid Waste. It does not appear that the number of dumpsters shown on the site plan is adequate to
service the amount of solid waste generated by this development. As discussed with the applicant and
Solid Waste Division, it is likely that compactors (shown) will be required in addition to several
dumpsters throughout the development. The location of all compactors and dumpster pads shall be
coordinated with the Solid Waste Division to ensure adequate turning radii and space. All dumpsters
shall be screened with materials that are compatible with and complimentary to the architecture of the
surrounding structures.
14. Prior to issuance of a building permit an easement plat shall be signed by all utilities providing service
to this project.
15 . The Civic Building will come back to Planning Commission for review as a Conditional Use Permit,
and will be required to meet commercial design standards.
16. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or
utility easements, other than those as specified in the zoning criteria.
17. Buildings shall be constructed to be consistent with the concepts depicted in the building elevations in
the PZD booklet. All buildings shall be designed and constructed to front onto public rights-of-way.
All non-residential buildings or mixed use buildings shall adhere to Commercial Design Standards.
18. Parks fees for 352 Multi-Family Units are due in the amount of $138,336. Fees are due prior to
issuance of a building permit for those units in that development phase.
19. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development
Code, and shall be subject to signage requirements for commercial development for Planning Area 1 ,
and for residential development for all other Planning Areas.
20. 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.
EXHIBIT "C"
R-PZD 06-1884
(Page 5 of 6)
21 . Mitigation will be required on this site in the amount of 19 (2) inch caliper large species trees. These
trees are proposed to be planted on-site.
Tree Preservation Conditions
22. A 3-year maintenance bond, letter of credit, or check equaling $4750 shall be deposited with the City
of Fayetteville before final Certificate of Occupancy. After the 3 year period, the Urban Forester will
inspect the site. Finding 90% or better of the trees to be healthy the bond will be released.
Landscape Plan Conditions
23 . Street trees that are removed along the Rupple Road frontage with this development will be required to
be replaced.
24. Please keep the parking lot lighting in mind when designing the landscape plan to ensure that required
trees shown on the landscape plan are not replaced with lights, or do not block lighting.
25 . Street tree plantings will be required along the all public and private street frontages with one tree per
30 feet. These trees will need to be planted in urban tree wells with structural soils, or with adequate
green space for planting, and the species subject to the approval of the City's Urban Forester.
26. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Urban
Forester for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for
150% of the cost of the materials and installation of the plants. This guarantee will be held until the
improvements are installed and inspected, at the time of Certificate of Occupancy.
Standard Conditions of Approval
27. 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).
28. Trash enclosures shall be screened with materials compatible with the buildings in the development
with access not visible from the public or private streets or drive aisles. Architectural renderings
depicting the colors and materials for the trash enclosures shall be submitted for review prior to
issuance of a building permit.
29. 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.
30. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall
be located underground.
31 . All exterior lighting is required to comply with the City's lighting ordinance. Alighting plan and cut-
sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior
to building permit.
32. 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.
c. Separate easement plat for this project and 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
01422%2007 .02:20:08 PM
andlrecorded in Real Estate
FilelNumber;2007-00002647 t 'I
Bette ES.tam;ps - Circuit
i
City of Fayetteville X2!11
Staff Review Form �Cf 59
City Council Agenda Items
or alba
Contracts /wf fSldP I'1111k
21 -Nov-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
R-PZD 06-1884: Residential Planned Zoning District, Westside Village, submitted by Todd Jacobs with Critical Path Design
for property located south of Wedington, east of Rupple Road. The property is zoned RMF-24, Residential Multi-Family, 24
units per acre and contains approximately 21 .63 acres. The request is for re-zoning and large scale development approval with
352 attached dwelling units and 71 , 120 square feet of non-residential and mixed use space.
$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 Pro ram / Pro'ect 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
Z*7' cv,
Dep 01T Direcf3r Date Original Contract Date: n/a
Original Contract Number: n/a
16
City Attorney
Received in Ci +@ler 's Office
Finance and Internal Service Director Date
/// Received in Mayor's Office ENLRE 0t71P
Aa
Mayor / Date
Comments:
( : /M. #2 ` /,j*4
'� , • _ � ='_ r'�R':. ' '_' - ����617 t,�ip� r . BIYO' dr1.!/Gr//I ,. / ��// ��
City Council Meeting of November 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations `1
From: Jeremy C. Pate, Director of Current Planning 1
Date: October 26, 2006
Subject: Residential Planned Zoning District for Westside Village (R-PZD 06- 1884)
RECOMMENDATION
The Planning Commission voted to forward the subject request for an ordinance creating
a Residential Planned Zoning District (R-PZD) for Westside Village. This action would .
establish a unique zoning district for a mixed-use development on a 21 .63-acre tract
located on the east side of Rupple Road, south of Wedington Drive, immediately north of
the Boys and Girls Club.
BACKGROUND
The site is zoned RMF-24, and is generally flat, undeveloped, disturbed grassland with
minimal tree canopy. The Boys and Girls Club is located directly south, with Rupple
Row to the west.
The applicant requests rezoning and large scale development approval for a mixed use
development with 352 attached dwelling units and 71 , 120 square feet of non-residential
mixed use space. The property is not intended to be subdivided at this time, and would
be maintained by a Property Owner's Association. The development would consist of
mixed use buildings containing retail/commercial on lower levels and residential
condominiums on the upper levels, live/work townhouses, townhouses, and flats. The
development would also provide a community greenspace area with a civic building and
a pedestrian greenway extending west-east through the entire site. 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 23 , 2006, the Planning Commission voted 8-0-0 in favor of forwarding this
request to the City Council, with several modifications and amendments to the conditions
of approval. City Council final determination of certain conditions is required.
BUDGETIMPACT
None.