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Ordinance 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 r 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 k 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. � • � � � sig s � .S r' q F j Y.^ 1 { f , T r IF IMP Fr � Lepad Mw% 4 L t FLOODWAY FayetteAlle < 17 4 ��� q� • 95. � S:S id3 1175 -1 11 1,060 411 q t )� 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. ORDINANCE NO. 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. :c rcr 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. PASSED AND APPROVED this By: SONDRA SMITH, City Clerk day of , 2006. APPROVED: DAN COODY, Mayor 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. El i;:i.: - - ld!4di - - EXHIBIT "C" R-PZD 06-1884 (Page 1 of 7) Conditions of Approval 1. Planning Commission determination of street improvements. a. Residential Development: Impact fees to Rupple Road are based on a contractual agreement for development of the property for 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 Impact 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 $320.51 $213.67 $29,486.92 $19,657.64 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 of credit for $19,657.64 prior to issuance of building permit. The applicant requests to pay these impact fees based on the number of units 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. PLANNING COMMISSION- DETERMINED IN FAVOROF THIS CONDITION (10-23-06). 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$44, 396.49 shall be paid prior to issuance, of a building permit for the commercial portion of the 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. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION (10-23-06). EXHIBIT "C" R-PZD 06-1884 (Page 2 of 7) 2. Planning Commission determination of adequate connectivity. The project proposes an access easement stub -out and a public right-of-way stub -out to largely undeveloped property to east. The existing Boys and Girls Club is located adjacent to the southern border of the site and is not proposed for vehicular connectivity, but is proposed for a pedestrian connection. The applicant proposes an access easement/right-of-way stub -outs for the three streets to undeveloped property to the north. The stub -out to the north 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 On all of the street connections proposed the applicant proposes not to construct physical paved stub - outs, but to install signs indicating future street extension, and proposes to pay an assessment to the City for the future construction of the stub -outs. An assessment shall be paid to the City for the construction of the stub -outs to the east, in an amount to be approved by the City Engineering Division prior to building permit. The applicant shall coordinate with the City Engineering and Transportation Divisions prior to construction to agree upon appropriate signage to indicate future street extensions, but still be aesthetically compatible with the development. The • applicant shall work with the City Attorney's Office to carefully write an easement document to prevent large utility trucks from accessing the street stub -outs to the east. The intention of the easement document is to prevent using the streets in this development as a cut -through. This easement shall be recorded prior to building permit and referenced by document number on the easement plat. Stafffinds the location and number of street connections adequate for the development. However, staffrecommends that all street stub -outs be constructed with pavement to the property line, along with a sign to more clearly indicate future street connection as opposed to the applicant's proposal not to physically construct the stub -outs as part of the development. Stafffinds that constructing stub -outs along with signage is necessary to clearly indicate to the public and future developers the location offuture street connections. PLANNING COMMISSION APPROVED AND MODIFIED THIS CONDITION AS NOTED, RECOMMENDING IN FAVOR OF THE STREET CONNECTIVITY PRESENTED, AND AGREEING WITH THE APPLICANT'S REQUEST THAT FULL STUB -OUTS BE CONSTRUCTED TO THE ;NORTH, AND RIGHT-OF-WAY/EASEMENT ONLY AND SIGNS BE PROVIDED FOR THE CONNECTIVITY TO THE EAST. (10-23-06). 3. Planning Commission 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 Section171.02(C)), and 25' for commercial driveways (UDC Section 172.04(D)(2)(a)(iv)). Staffrecommends denial of this waiver, finding that with both reduced street width and reduced curb return radius at all intersections, turning moments become problematic for passenger vehicles and could result in conflicts. EXHIBIT "C" R-PZD 06-2191 (Page 3 of 7) PLANNING COMMISSION APPROVED THIS CONDITION (10-23-06). b. The applicant requests a waiver to allow a different street cross section than are required by the current Master Street Plan standard. The applicant proposes on -street parallel parking, when the Master Street Plan does not have a cross-section that allows parallel parking as proposed. Public Drive #2 shall remain a public drive as shown on the drawings submitted. Staff recommends in favor of a waiver to construct the street cross sections as requested, although staff recommends that Public Drive #2 as labeled on the site plan be a private street. The City is not interested in owning and maintaining what is essentially drive aisles and parking lots for the private development. Staff will review detailed construction plans at the time of development. PLANNING COMMISSION APPROVED THIS CONDITION AS NOTED, AGREEING WITH THE APPLICANT'S REQUEST THAT PUBLIC DRIVE #2 BE A PUBLIC STREET (10-23-06). 4. Planning Commission determination of commercial design standards for the commercial structures and overall compatibility and transition in the proposed development. Stafffinds in favor of/his determination. The building elevations of/he 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 small 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. PLANNING COMMISSION APPROVED THIS CONDITION (10-23-06), S..- 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'. Staffrecommends denial of this waiver, finding there is not suitable space in many locations for parking and driving to co -exist without the potential for accidents, especially in those areas containing 90 degree parking across from parallel parking. Staffrecommends the standard 24' (back -of - curb to back -of -curb) be utilized for all driveways, drive aisles, public streets and private streets; where two-way traffic proposed PLANNING COMMISSION APPROVED THE WAIVER AS REQUESTED (10-23-06), 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 EXHIBIT "C" R-PZD 06-1884 (Page 4 of 7) 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 ofthe 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 0.b.vii). 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, byway 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 ofthe.PZD. approval. 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 II 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 EXHIBIT "C" R-PZD 06-1884 (Page 5 01 7). shall be included on the easement plat. 13. Dimension the northern access point to Rupple with a two-way exit at a minimum of 24' wide. 14. 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. 15. Prior to issuance of a building permit an easement plat shall be signed by all utilities providing service to this project. 16: The Civic Building will come back to Planning Commission for review asa Conditional Use Permit, and will be required to meet commercial design standards. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 6 of 7) Tree Preservation Conditions 22. 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. 23. 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 24. Street trees that are removed along the Rupple Road frontage with this development will be required to be replaced. 25. 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. 26. 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. 27. 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 28. 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). EXHIBIT "C" R-PZD 06-1884 (Page 7 of 7) 29. 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. 30. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire .protection, streets @ublic 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. 31. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 32. All exterior lighting is required to comply with the City's 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. 33. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Anon -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area. d. Project Disk with all final revisions. e. 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. eG : J i I N Y l�A h I � e THE CITY OF FAYETTEVILLE. ARKANSAS 125 W. Mountain Si Faycttcvillc, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Planning Commission Members FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer T14RU: Jeremy Pate, Director of Current Planning DATE: October —18,2006 Updated October 25, 2006 PZD.06-1884: Planned Zoning District (WESTSIDE VILLAGE, 439): Submitted by TODD JACOBS CRITICAL PATH DESIGN for property located at SOUTH OF WEDINGTON, EAST OF RUPPLE ROAD. The property is zoned RMF-24, MULT[ FAMILY - 24 UNITS/ACRE. and contains approximately 21.63 acres. The request is for re -zoning and large scale development approval for a Residential Planned Zoning District with 352 attached dwelling units and 71,120 square feet of non-residential and mixed usespace. • Property Owner: WESTSIDE DEVELOPMENT, LLC Planner:. ANDREW GARNER Findings: Background: This item was. heard at the March 16, 2006 Subdivision Committee meeting. The development proposed at that meeting consisted of 420 attached dwelling units dispersed in 14 apartment buildings and 128 townhouses. At that meeting the Subdivision Committee discussed that including non-residential uses in the project would be highly desirable for the introduction of so many residential units. The applicant substantially revised the site plan, including nonresidential uses and introduced several new building types and a new layout. This item was subsequently heard at the September 14th, then October 12th, 2006 Subdivision Committee meeting's, where it was forwarded with a favorable recommendation to, the.;. full=.Planning Commission. Property Description: The subject property consists of approximately 21.63 acres located on the east side of Rupple Road, south of Wedington Drive, north of the Boy's and Girl's Club. The site is zoned RMF-24, and is generally flat, undeveloped, disturbed grassland with minimal tree canopy. Proposal: The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. All of the land would be under a common ownership, or property owner's association, and is not proposed to be subdivided. The proposed use of the site is listed in Table 1. K. lReporis120061PC Reportsl10-23-061R-PZD 06-1884 (Wesuide Village Condos).doc Table 1 Proposed Project Wacfcida Vilhna.P_P7Il nt_4QQA Type of Use Planning Number Size of RetailF(sq. Restaurant Civic Greenspace Area of Units Unit (sq. (sq. ft.) Space (acres) ft s .ft. Mixed Use PA -1 88 900 sq. 17,260 32,000 6,000 NA Apartments ft. . NA Live/Work PA -2 23 24' x NA 10,860 NA NA 35' NA Townhouses PA -3 73 25'x40'; NA NA NA NA 24'x40'; 22x50' NA Flats PA.4 168 900 sq. NA NA NA NA ft. NA Civic PA -5 NA NA N_ A NA. NA 5,000 Building NA Greenspace PA -6 NA NA NA NA NA NA . 0.92 TOTAL NA 352 NA 17,260 42,860 6,000 5,000 0.92 The project booklet and the plats provided give the zoning criteria in detail. Please reference this provided material for more information. These documents are binding to the zoning of the property. Phasing: The applicant proposes to develop Westside Village in five phases to space over the next two to eight years. . Phase I: Public streets and major infrastructure, mixed use Buildings A and B, 34 townhouses, the Civic Building, the Village Green Phases II — V: Townhouses, live/work units, flats, mixed use Building C. Full phase build out will be completed in approximately eight years. Permits are proposed to be pulled for Phase I within one year of City Council approval of the PZD; permits are proposed to.be pulled for Phase II within eight years of:City;Council approval. The applicant requests the allowance of a one year extension if necessary. Surrounding Land(Lce/7nnina- Direction from Site Land Use Zoning North Single -Family Residential R -A, Residential -Agricultural South Boys and Girls Club R -A, Residential -Agricultural East Undeveloped R -A, Residential -Agricultural West Rupple Row PZD PZD, Rupple Row Planned Zoning District Water & Sewer: Water and sewer lines are being extended to serve the development. KIReports120061PC Repons110-23-061 R-PZD 06-1884 (Westside Village Condos).doc Access: Access to the proposed development would be directly off of Rupple Road along the western property. line. Four proposed• public drives would be constructed through the development with the approximate right-of-way width listed below: Street Approximate Right -of -Way Width Meadowlands Drive 56' Public Drive 1 53' Public Drive 2 114' Public Drive 3 55' These streets would feature parallel parking on both sides of the street. Meadowlands Drive will extend east from Rupple Road and will be stubbed out at the easternmost boundary of the subdivision. Three other proposed public streets would extend north from Meadowlands Drive to the northernmost boundary of the property. Public Drive 2 is a divided street featuring parallel parking on the interior and angled parking on the exterior. Staff is recommending that this street in particular not be a public street, but private, as it does not meet street design standards. A private, two-way parking drive will encompass the perimeter of the development - This drive will feature parallel parking on the interior portion and perpendicular parking along the exterior portion. A pedestrian green way starts at Rupple Road and traverses east through the project. A number of interior sidewalks around all of the buildings provide well-connected walkways throughout the development. Parking would be provided on streets and in garages with an adequate number of spaces as presented in Table 2. Co• nnectivity: The project proposes an access easement stub -out and a public right-of-way stub - out to largely undeveloped property to east. The existing Boys and Girls Club is located adjacent to the southern border of the site and is not proposed for vehicular connectivity, but is proposed for a pedestrian connection. The applicant proposes an access easement/right-of-way stub -out for the three streets to undeveloped property to the north. On all of the street connections proposed the applicant proposes not to construct the pavement for the stub -out, but to install a sign indicating future street extension, and proposes to pay an assessment to the City for the future construction of the stub -outs. Staff finds the location and number of street connections adequate for the development. However, staff recommends that all street stub -outs be constructed with pavement to the property line, along with a sign, to more. clearly indicate future• street connection as opposed to the applicant's proposal not to physically construct the stub -outs as part of the development. Stafffinds that constructing stub -outs along with signage is necessary to clearly indicate to the public and future developers the location offuture street connections. Adjacent Master Street Plan Streets: Rupple Road (principal arterial) Street Improvements: Impact fees for Rupple Road are based on a contractual agreement (see attached) agreed to by the City as part of the final plat for this subdivision including the subject property in an amount listed in the conditions of approval of this staff report: These fees are intended to be utilized by the city to widen. Rupple Road to a minimum four -lane street. Staff finds that additional improvements are warranted by the traffic generated from the additional K: IReporls120061PC Reports110-23-061R-PZD 06-1884 (Westside Village Condos).doc commercial uses proposed on the site and recommends as assessment be paid based on the rough proportionality of the additional• commercial uses in an amount of $44396.49 (see attached memo from staff to the applicant regarding this item) for improvements to Rupple Road. Table 2 Parking Requirements WPStgidp Vnlana P_P7n na-A QRA Use Buildings Type of Amount Parking Ratio Parking • Unit of Unit (1 space per ratio) Required Retail Mixed Use square feet 17,260 250 69 • Buildings Office Mixed Use square feet 42,860 300 143 Buildings and Live -Work Units Restaurant Mixed Use square feet 6,000 100 60 Buildings Multi -family Units Various # of 532 1 532 bedrooms Civic Building Civic Building square feet 5,000 500 10 Total Parking Required 814 Minimum Parking at 30% Under Required 570 Total Off -Street Parking Provided* - 711 Parking Excess 141 Total On- and Off- Street Parking Provided 892 Parking Excess 322 * 519 off-street parking + 192 covered garage parking spots: This 519 parking count does not include the one-way streets (Public Drive #2) that the applicant proposes as public but City staff recommends as private. If the street does become Private then the parking count for off-street parking would be 797 total off-street parking and excess of 227 parking: spaces. Note: Off-street parking is defined as all parking provided off of a public street. Panting on private streets, drive -aisles, alleys, garages, and parking lots is included in the off-street parking numbers. Parks: On May 2, 2005, the Park and Recreation Advisory Board recommended accepting money in lieu of land to satisfy the park land dedication ordinance. Additionally, the plans for the development, include a pedestrian greenway and_ village green interior to.the. project. Tree Preservation: Existing Canopy: 0.85% - Preserved Canopy: 0.0% Required Canopy: 0.85% - Mitigation: Required; 19 two-inch caliper trees (onsite planting) Recommendation: Staff recommends forwarding R-PZD 06-1884 to the City Council with a recommendation for approval with the following conditions of approval: K. IReports120061PC Repons110-23-0618-PZD 06-1884 (Wesiside Village Candos).doc Conditions of Approval: 1. Planning Commission determination of street improvements. a. Residential Development: Impact fees to Rupple Road are based on a contractual agreement for development of the property for 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 Ruonle Road lmoact 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 $320.51 $213:67 $29,486.92 $19,657.64 ..-`- noies: "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 requests to pay these impact fees based on the number of units: 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, ., ontlre plans prior to the building permit issuance for that phase only. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION (10-23-06). 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 $44,396.49 shallbe paid prior 'to issuance of a building permit for the commercial portion of the 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. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION (10-23-06). SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS CONDITION (10-12-06). 2. Planning Commission determination of adequate connectivity. The project proposes an access easement stub -out and a public right-of-way stub -out to largely undeveloped property to east. The existing Boys and Girls Club is located adjacent to the southern K:V?eparls12006 PC ReporrsV 0-23-0618-PZD 06-1884 (Westside Village Condos):doc border of the site and is not proposed for vehicular connectivity, but is proposed for a pedestrian. connection. The applicant proposes an access easement/right-of-way stub -outs for the three streets to undeveloped property to the north. The stub -out to the north 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. On all of the street connections proposed the. applicant proposes not to construct physical paved. stub -outs, but to install signs indicating future street extension, and proposes to pay an assessment to the City for the future construction of the stub -outs. An assessment shall he nnirl to the City fnr the City Engineering and Transportation Divisions prior to construction to agree upon appropriate signage to indicate future street extensions, but still be aesthetically compatible. with the development. The applicant shall work with the City Attorney's Office to carefully write an easement document to prevent large utility trucks from accessing the street stub -outs to the east. The intention of the easement document is to prevent using the streets in this development as a cut -through. This easement shall be recorded prior to building permit and referenced by document number on the easement plat. Staff finds the location and number of street connections adequate for the development. However, staff recommends that all street stub -outs be constructed with pavement to the property line, along with a sign to more clearly, indicate future street connection as opposed to the applicant's proposal not to physically construct the stub - outs as .part of the development. Staff finds that constructing stub -outs along;with • signage-is,necessary to clearly indicate to the public and future developers,the location of., future street.eonnections. PLANNING; COMMISSION APPROVED AND MODIFIED THIS CONDITION AS NOTEDij RECOMMENDING IN FAVOR OF THE STREET CONNECTIVITY PRESENTED, AND PROVIDED FOR THE CONNECTIVITY TO THE EAST. (1.0-23-06). SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THE STREET CONNECTIVITY NORTH; AND .RIGHT-OF-WAY/EASEMENT ONLY CONNECTIVITY TO THE EAST (10-12-06). Planning Commission determination of a waiver of street design standards. 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 Sectionl71.02(C)), and 25' for commercial driveways (UDC Section 172:04(D)(2)(a)(iv)). Engineering staff commented at the October 12`h Subdivision Committee meeting that they did not have enough information to recommend approval of the waiver at that time. Additional information and justification for this waiver was submitted at the lime ofpublication of this report K: IReportsl20061PC Reporlsll0-23-061R-PZD 06-1884 (Wesiside Village Condos).doc and engineering is still reviewing this information (see attached). PLANNING COMMISSION APPROVED THIS CONDITION (10-23-06). SUBDIVISION COMMITTEE HAD NO RECOMMENDATION FOR THIS CONDITION (10-12-06). b. The applicant requests a waiver to allow a different street cross section than are required by the current Master Street Plan standard. The applicant proposes on - street parallel parking, when the Master Street Plan does not have a cross-section that allows parallel parking as proposed. Public Drive #2 shall remain a public drive as shown on the drawings submitted. Staff recommends in favor ofa waiver to construct the street cross sections as requested, although staffrecommends that Public Drive #2 as labeled on the site plan be a private street. The City is not interested in owning and maintaining, what is essentially drive aisles and parking lots for the private development. Staff will review detailed construction plans at .the time of development. PLANNING COMMISSION APPROVED THIS CONDITION AS NOTED AGREEING WITH THE APPLICANT'S REQUEST THAT PUBLIC DRIVE #2 BE A PUBLIC STREET (10-23-06). SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS CONDITION (10-12-06). ".. 4:; :'.Planning Commission determination of commercial design standards'for the commercial structures and overall compatibility and transition in the proposed development. Staff finds, in favor of this determination. The building elevations of the• non-residential structures are well -articulated and provide for a consistent and overriding theme H. 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 .small 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 green way at key visual points, preventing a monotony of structures. "' "<`PLANNING COMMISSION APPROVED THIS CONDITION 110-23-06). SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS CONDITION (10-12-06). 5. Planning Commission determination of a waiver of Chapter 166 and 172 of the Unified Development Code, for 24wide 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'. Staff recommends denial of this waiver, finding there is not suitable space in many locations for parking and driving to co -exist without the potential for accidents, especially in those areas containing 90 degree parking across from parallel parking. K: IReporns120061PC Reportsll0-23-061R-PZD 06-1884 (Westside Village Condos).doc Staff recommends the standard 24' (back -of -curb to back -of -curb) be utilized for all driveways, drive aisles, public streets and private streets; where two-way traffic proposed PLANNING COMMISSION APPROVED THE WAIVER AS REQUESTED (1023-06) SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS CONDITION (10-12-06). 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 of providing fire and police protection, sanitation service and any other of the municipal functions: Said covenants regarding maintenance of private streets shall not .be .amended and shall not terminate without approval of the City Council (166.06 (K.10.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. 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 K:IReporrs120061PC Reports)/0-23-061R-PZD 06-1884 (Westside Village Condos).dac 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 II 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. Dimension the northern access point to Rupple with a two-way exit at a minimum of 24' wide. 14. 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. • 15. Prior to issuance of a building permit an easement plat shall be signed by all utilities providing service to this project. THIS CONDITION WAS ADDRESSED IN THE REVISIONS SUBMITTED FOR CITY COUNCIL. 17. 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. 18. 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. 19. Buildings shall be constructed to be consistent with the concepts depicted in the building K: IReporns120061PC Reports110-23-061R-PZD 06-1884 (H'estside Village Condos).doc 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. 20. 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. City Council approval of a waiver is required. 21. 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. 22. 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. Tree Preservation Conditions: 23. 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. 24. 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: 25. Street trees that are removed along the Rupple Road frontage with this development will be required to be replaced. 26. 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. 27. 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. K:IReports120061PC Reports110-23-061R-PZD 06-1884 (Wesiside Village Condos).doc 28. Prior to building permit, a cost estimate for all requited 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: 29. 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). 30. 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. 31. 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. . 32. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. . 33. All exterior lighting is required to comply with the City's 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. 34. 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. c. Separate easement plat for this project that shall include the tree preservation area. d. Project Disk with all final revisions. e. 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. K:IReports120061PC Reports110-23-0618-PZD 06-1884 (Wesiside Village Condos).doc Planning Commission Action: Approval Tabled X Forwarded to C.C. Motion: Second: Vote: Meeting Date: Comments: M res Trumbo 8-0-0 October 23.2006 The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature K:IReports120061 PC ReportsV 0-23-06IR-PZD 06-1884 (Westside Village Condosj.doc Date Findings associated with MDP R-PZD 06-1884 (Westside Village) Sec. 166.06. . Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a•planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the City Plan 2025; FINDING: Staff finds the application to be in compliance with the Master Development Plan Planned Zoning District criteria established by the City Council. The Interim Future Land Use Plan Map adopted as part of City Plan 2025 designates this site Residential. The Sector Map also adopted as part of City Plan 2025 designates this area as an Intended Growth Sector. Rezoning this property to R-PZD 06-1884 with mixed use, attached single - and multi- family dwelling units, and a mix of density is consistent with the land use plan and compatible with surrounding land uses and density within surrounding developed and developing property to the west, and south, and largely undeveloped property to the east and north. (2) Whetherthe application. is. in compliance with all applicable statutory provisions; FINDING: The application has been..reviewed and found to be compliant with applicable .. statutory provisions. (3) Whether the general impact of the rezoning would adversely impact the provision. of public facilities and.services; FINDING: The impact of the rezoning and subsequent development would require the provision of public facilities, at the cost of the developer. Without improvements to existing infrastructure, the proposal would certainly adversely affect public facilities and services. However, as indicated in the submittal and the staff.report, certain measures are to be takento ensure adequate'infrastructure improvements are made by the developer to ensure the level of service does not decline due to the proposed development. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, would allow mixed use,. attached single- and multi- family residential uses, and a mix of density. The proposed zoning criteria would provide for three mixed use buildings along Rupple Road, with townhouses, three apartment/flat buildings, and live/work units interspersed at strategic places throughout the site. The site incorporates a pedestrian greenway starting at Rupple Road and traversing east through the project. A Civic Building and common .K: IReporis120061PC ReporlsV 0-23-061R-PZD 06-1884 (Wesiside Village Condos).doc greenspace area would also be provided in the south-central portion of the site, with a pedestrian connection south. of the Civic Building to the Boys and Girls Club walking trail immediately to the south. The site layout is compatible with the Boys' and Girls' Club to the south, the Rupple Row Planned Zoning District across Rupple Road to the west, and provides an opportunity for connectivity and transition to adjacent, largely underdeveloped property to the east and north. (5) Whether the subject •land is suitable for the intended use and is compatible with the natural environment; FINDING: The subject property is an undeveloped relatively flat site with minimal tree canopy. The natural environment is suitable for the type of development proposed. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: The intended land use, commercial and residential, will impact the existing traffic conditions. Currently this site only has one point of ingress and egress, though street and cross -access stub -outs are being provided for future connections to the east and north to ease the burden of traffic. A contractual agreement agreed to by the City as part of the final plat. for the original subdivision creating the subject tract included fees required to. improve Rupple Road to a minimum four -lane street. These assessment and fees agreed in that contract only'covered residential development on the property. The developer has- f: .agreed to staffs: recommendation that additional assessment be paid to: accommodate the :v: traffic :generated `by the commercial/non-residential development :.proposed:'.:These assessments would ultimately be used to improve Rupple Road to its. full designationtas.a Principal Arterial, which would ensure that this development would not create.traffica; congestion or burden the existing road network substantially. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: The booklet. and master development plans submitted provide for said unified development control: (8) Whether any other recognized zoning consideration would be violated inthis PZD. FINDING: No other zoning considerations are proposed to be violated. (B) Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration K Reporns120061PC Reporls110-13-0618-PZD 06-1884 (i{'estside {'illage Condos).doc of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building. locations, common usable open space; the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be. reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. FINDING: The proposed Westside Village PZD provides for a transition between the existing Boys' and Girls' Club to the south, and the developing Rupple Row PZD to the west. The largely underdeveloped property to the north and east would be provided the opportunity for transition into this project if they are ever developed. The mixed use buildings provide non-residential services for this growing area with an elementary school and the Boy's and Girls' Club immediately to the south, along with a relatively high - density residential development to the west. The mixed use buildings will reduce vehicle trips the immediate and surrounding neighborhood would have to make for non-residential services. Circulation is compact and connected, adequate parking has been provided, and the inclusion of landscaping/mitigation trees will create a healthy urban canopy. (2). Screening and landscaping. In order to enhance the integrity and attractiveness of the ..:development, and when deemed necessary to protect adjacent properties; the Planning Commission shall require landscaping and screening as part of.a PZD. The'screening and landscaping shall be provided as set forth in §166.09 Buffer Strips and Screening: As part nfthe`development plan, a detailed screening and landscaping. plan shall.be:submitted to :-:the Planning Commission. Landscape plans shall show: the general location; aype and •quality (size and age) of plant material. Screening plans shall include typical details of fences; berms and plant material to be used. FINDING: Screening is proposed for the parking adjacent to Rupple Road, and for the large internal surface parking areas. A landscape plan has been supplied, and trees along the frontages of all streets, both public and private, are required. (3) Traffic circulation, The following traffic circulation guidelines shall apply. , :: , (a) The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised• of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different K:IRepor(s120061PC ReponsV0-23-061R-PZD 06-1884 (We aside Village Condos).doc land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient• flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: Meadowlands Drive will extend east from Rupple Road and will be stubbed out at the easternmost boundary of the subdivision. Three other streets would extend north from Meadowlands Drive to the northernmost boundary of the property. Public Drive 2 is a divided street featuring parallel parking on the interior and angled parking on the exterior. A private, two-way parking drive will encompass the perimeter of the development. This drive will feature parallel parking on the interior portion and perpendicular parking along the exterior. portion. A pedestrian green way starts at Rupple Road and traverses east through the project. A number of interior sidewalks around all of ::the buildings provide well-connected walkways throughout the: development. The 1s4z 'dwellings face onto streets, greenspace, or walkways, and are accessed+.primarily off of the 44.''se'condary streets, alleys, or drive aisles, providing .a hierarchy W-. circulation that. "i:encourage an efficient flow of traffic. ::(4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. FINDING: All parking ratios are to be met with this proposal as listed earlier in Table 2 of this report. . (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the: open space, buffer or green.strip:.provisions of: this chapter of this code. FINDING: This requirement has been met. (6) Sidewalks. As required by § 166.03. FINDING: Public sidewalks are to be constructed adjacent to Rupple Road along the property frontage with the ultimate improvement of Rupple Road. Internal to the development, sidewalks are provided along both sides of the public streets, along all private streets, between units and within the development. As conditioned, all sidewalks and pedestrian walkways shall be constructed as part of the development, in conjunction with K:1Repor[s\20061PC ReporisllO-23-061R-PZD 06-1884 (Wesrside Village Condos).doc the units they serve. Many of the sidewalks are located within access easements that permit public access, but are owned and maintained by the POA. (7) Street Lights. As required by § 166.03. FINDING: Street lights are to be provided adjacent to all public and private streets at a separation of no greater than 300 feet.. (8) Water. As required by § 166.03. FINDING: Public water lines are being extended in accordance with city codes. (9) Sewer. As required by § 166.03. FINDING: Public sewer lines are being extended in accordance, with city codes. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. i,. (b) Private Streets. Private streets within a residential PZD-shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul- de-sac. Any street connecting one or more -public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)All grading and drainage within a Planned Zoning District including site drainage and .drainage: for private streets. shall comply .with.the,City's. Grading (Physical . •. Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of. the developer or of a neighborhood property owners association (POA) and shall not be the K:IReports12006V'C Reports110-23-06tH-PZD 06-1884 (Westside Village Condos),doc responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a thirdparty beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, 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 protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and 'shall not terminate without approval of the City Council. (viii) The width of private streets may vary according to the density• served. The following standard shall be used: • Paving Width (No On -Street Parkinel Dwelling One -Way Two -Way Units 1-20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, 6 feet must be added to each side where parking is • intended. `(ix) All of the traffic laws prescribed by Title VII shall apply to traffic 'on private streets within a PZD. • (x) There shall be no minimum building setback requirement from a private street. (xi) The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 inches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. FINDING: The applicant shall comply with the above criteria, as this development proposes both public and private streets. Private streets are proposed to be a variety of K..-IRepor:s110061PC Repornsl10-13-0618-PZD 06-1884 (iresiside Village Condos).doc widths, all greater than 20 feet in width, and the public streets have additional right-of-way over a standard street section, allowing for on -street parking. (ii) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: All development on. the site shall be phased according to the phasing plan and conditions herein. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas; playgrounds, parking areas, and finished grade levels. FINDING: The applicant has complied with all tree preservation and Protection requirements, and will be required to plant 19 two-inch caliper mitigation trees onsite. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall Pconiply with the commercial design standards as set forth in §166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures.. FINDING: The non-residential structures on the site include the mixed use buildings and the Civic Building. Architectural. elevations have been provided for the mixed . use buildings and staff finds •the structures ,to be in compliance with commercial design standards.. The proposed Civic Building within the Village Green area is also a non- residential structure and shall comply with commercial design standards, which will be reviewed at the time of Conditional Use Permit application.. The. live -work units throughout the development are considered to. be primarily residential structures, not required to be meet: commercial design. standards, but are required to be .consistent with. ;:• the architectural design standards presented. (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: No scenic views are identified, and the height of structures proposed is not out of proportion for the area. (E) Revocation. K:1Repor:s120061PC Reportsll0-23-0618-PZD 06-1884 (Westside. Village Condos).doc (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (e) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other. commercial or industrial structures is. substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue astop work order, or discontinue issuance of building or occupancy permits;,_or ..: %r revoke those -previously issued: (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be `.: sent to"the landowner or authorized agent. giving notice of the alleged default, setting a. ...: time to appear before:the Planning Commission to show cause why steps should not be. .-made to totally'or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect In the event of revocation, any completed portions of the development or those portions for which.huilding:permits have been issued shall be treated to.be whole and. effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads; parking areas, common usable open space, community. facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or K. IReports120061PC Repor1s110-23-0618-PZD 06-1884 (Wesiside Village Condos).doc r other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or• manner of permanent care and maintenance of such open space, recreation. areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas.. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association .with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (C) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational;and,.other common facilities covered by the agreement and for all liability insurance doeahtaxes and other. public assessments. :?.... :;..... (e) Homeowners must pay their pro rata share of the initial cost; the -maintenance •assesstnent levied by the association must be stipulated as a potential' lien: on, the property. The association must be able to adjust the assessment to. meet changing needs. FINDING: The applicant shall comply with these requirements. Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals_ (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses.. K:IRepores12006V'C ReporlsllO-23-0618-PZD 06-1884 (Weslside Village Condos). doe • (3) Harmon. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to. achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7)Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design.of mixed.use yet. harmonious developments consistent with theuidin g policies,of the General Plan. g (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: Staff finds this proposal meets the intent of many of the parameters of the City Plan 2025, as well as the above ten criteria, including flexibility in density, compatibility and transition of land use, provision of a variety of housing types and a mix of commercial and residential uses, common open spaces. The following guiding policies within Residential Areas are applicable to this development, and help to achieve the nine primary :goals of the City. Plan 2025x.. Residential Areas: 12.1.4.a Utilize principles of traditional residential urban design to create compatible, livable, and accessible neighborhoods. (Goal 3) 12.L4.c Minimize through traffic on minor residential streets, while providing connections between neighborhoods to encourage openness and neighborliness. (Goal4) 12.L4.d Manage non-residential development within and adjoining residential neighborhoods to minimize nuisances. K:tReporis120061PC Reports U0-23-0618-PZD 06-1884 (Wesiside Village Condos).doc • 12.1.4. e. Utilize more intense development patterns within the infill sector and encourage mixed uses in new developments to promote better community design, maintain human scale, and enhance pedestrian activity. (Goal 1) 12.1.4.f Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and services. (Goals Ig and 3) 12.1.4.g. Encourage residential dwellings in appropriate specified Mixed Use Areas. (Goals I and 3) 12.L4.h Encourage a development scale to maintain compatibility and proportionality between nonresidential development and adjacent residential areas. (Goal 3a) 12.1.4.1.. Utilize the Master Street Plan and incorporate bike lanes, parkways and landscaped medians to preserve the character of the City and enhance the utilization of alternative modes of transportation. (Goal 4) 12.L4.j Discourage design elements that prohibit complete, compact, connected neighborhoods such as cul-de-sacs, gated communities, etc. .(Goal 3a) • (B) Rezoning. Property maybe rezoned to the Planned Zoning: District by the City Council in accordance with the requirements of this chapter and' Chapter 166,*Development. Each rezoning parcel shall be described as a separate district; with distinct boundaries and specific design and development standards. Each district shall be assigned a:project number or label; along with the designation "PZD". The rezoning shall include theladoption of a specific master development plan and development standards. FINDING: The submitted development plats and Master Development Plan booklets, along with the conditions of approval found applicable and appropriate, are binding with the approval of the requested rezoning. Should the Planning Commission forward this item to the City Council, an ordinance will be drafted for consideration of rezoning this property in accordance with the submittal -herein. ;, (C) R — PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: K: Repormt0061PC Reportst l0-23-0618-PZD 06-1884 ()I'estside Pillage Condo s).doc (a) To encourage a variety and, flexibility in . land development and land use for predominately residential areas; consistent with the city's City Plan 2025 and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding developrilent, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING:. Staff is recommending approval of this application, finding the proposed PZD meets the intent of the PZD ordinance as noted above. (2) Permitted Uses. All permitted uses identified within § 162 Use Units of the Unified Development Code shall be allowed..as'permissible.uses; unless otherwise specified, subject to City Council approval of the.Planned. Zoning District request. (3) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts establi§hed int:the 'Unified Development Code shall be allowed with Planning Commission approval; unless otherwise specified, subject to the code governing Conditional Use requests. FINDING: Permitted and Conditional uses are outlined in both the Master Development Plan booklets and plats. (4) Condition.. Inno instance shall the residential;use area. be less than :fifty-one. percent.: (51%) of the gross floor. area within the development. FINDING: The .primary uses proposed are residential (352 units), with mixed use buildings, live/work townhouses, and civic buildings providing a total of 71,120 square feet of non-residential use. The total amount of residential use is greater than fifty-one percent of the gross floor area within the overall development. (F) . Bulk and area regulations (1) Residential density. Residential densities shall be determined on the basis of the following considerations: K':IReporLrt2006lPC Repores110-23-06IR-PZD 06-/884 OVestside Village CondosJ.doc (a) The densities of surrounding development; (b) the densities allowed under the current zoning; (c) the urban development goals and other policies of the city's General Plan; (d) the topography and character of the natural environment; and (e) the impact of a given density on the specific site and adjacent properties. FINDING: Surrounding development is mixed in density, from small lot attached and detached residential dwellings to the west, to large undeveloped residential lot to the north, and undeveloped property to the east. The Boys' and Girls' Club and an elementary school are located to the south. Density and zoning criteria under the current zoning (RMF-24) would not allow for the variety of uses and mix of densities as proposed, although the overall density for the proposed development is 24 units/acre, when the current zoning would allow for 24 units/acre. The proposed re -zoning and development plan accomplish the city's development goals, and infrastructure for this area supports the density and mixed use as proposed. (2) Lot area and setback requirements .Taking into consideration the unique aspects of each• project, preliminary: :development vlans-for. Planned Zoning Districts shall conform as closely as possible. to the :existing'=standards for lot area minimums and setback. :•• requirements under this chapter. FINDING: Lot area minimums and setbacks are varied on this project, as it provides for a mix of unity type, uses, and density. The project is being developed without subdivision of..:: land, thus a horizontal property. regime- will likely be filed. Smaller lot and decreased. setback development has been approved across the street with Rupple Row PZD. (3) Building height. There shall be no maximum building height except as. may be determined by the Planning Commission during the review of the preliminary development. plan: based on. the :uses: within the...development- and..the. proximitysof_the development to existing or prospective development on adjacent properties. A lesser height may be establishedby the Planning Commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. FINDING: Building heights proposed for this project are typical of single and multi -family development in the surrounding area, and the mixed use and apartment flat buildings are appropriate and compatible with the existing and proposed development. (4) Building area. The Planning Commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective K. IReportsl2006U'C Reporerll0-23-061R-PZD 06-1884 (6'estside Village Condos).doc residential, office, commercial or industrial district, which most depicts said development scheme. FINDING: The lot coverage or building area on. this project is relatively high, given the high density, mix of commercial uses. The lot coverages are appropriate given the urban environment proposed. *Required Findings for Rezoning Request. Land Use Plan: The City Plan 2025 Interim Future Land Use Plan designates this site as a Residential Area. Rezoning this property to R-PZD 06-1884, with the associated Master Development Plan, allows this future land use to vary somewhat, though the principal use on the property will remain residential. The proposed plan, commitments, design standards and other conditions placed upon the project result in a compatible development with surrounding land uses in the general vicinity, meeting many of the goals of the City Plan 2025 for new development. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning. objectives, principles, and policies and with land use and'zoning plans. Finding: Staff-frnds:ahe•>,proposal is highly consistent with the land use planning r ; n objectives; .principl&and .policies, as evidenced the number of guiding.pohcies : ; for '.Residential -H -Areas° this proposal meets. Rezoning the property will*' J. >l accommodate both'the future land use plan for residential uses in this •intended ,. . , :,a z *.. growth sector area,rand also allow for a variety of uses and housing types; sizes and development pattern, thus providing more choice for more citizens... s.: 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. - Finding: At this time the property is zoned RMF-24, which allows for primarily residentialruse. The proposed-, mix of uses -residential density and: site layout A 4::.:: ,.: included with this re -zoning is more appropriate for this area than the existing zoning. Rezoning of this property as proposed is advisable. 3.. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds this proposal will not create or appreciably increase traffic danger and congestion, with the street improvements recommended 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and K: IReporls120061PC ReporlsV0-23-0618-PZD 06-1884 (Westside Village Condos).doc sewer facilities. Finding: Staff finds that in evaluating this proposal, the population density would undoubtedly not increase from that which currently exists, although the commercial uses proposed would create additional demand on public services. Staff finds, however, that the load created on public services is not an undesirable or detrimental impact, with the improvements as recommended by staff for this project. Engineering: Public water is adjacent to the site. There is a 12" waterline along Rupple Road. Water service will need to be looped through the property at the time of development. Sanitary sewer is not available on the site. There is an 8" sewer main located to the east in the Rupple Row subdivision and to the south along Owl Creek Sewer service will need to be extended to and through the property at the time of development. Improvements to the sewer system may be required dependent upon the demand placed by the development. This property is within the Hamestring Creek lift station drainage area. • The site has access. to Rupple Road. This street is an improved two-lane .::paved roadway with curb, gutter, and storm drains ;Standard improvements and requirements for drainage will: be:required-fors the'development. *..Police: It is the opinion of the Fayetteville Police Departmentthat this rezoning will -not substantially alter population density and will not create ;an: undesirable increase on police services. Fire: The subject property is located less than 200 feet from the FS #7. No adverse impacts on call volume or response time are anticipated. • 5.. If there are reasons why the proposed zoning should not be. approved" in view of considerations•under_.b:(1);through (4).above; a determination as:to whether the proposed„. zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the. rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K: Reports12006 PC RepoHsll0-23-061R-PZD 06-1884 (Westside Vi//age Condosf.doc ae vte ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain SG PLANNING DIVISION CORRESPONDENCE Tel Fhotw (47q AR 72267 cphone: (479)375-8267 10 October 2006 Mr. Todd Jacobs Critical Path Design Re: Westside. Village Planned Zoning District Street Improvements evaluation Dear Todd, The Planning and Engineering Divisions have reviewed your proposal for improvements (or assessments thereof) to Rupple Road to mitigate the potential detrimental impact to existing infrastructure due to the proposed mixed -use development Westside Village. We are unable to support your current proposal for these improvements, without modifications. As we havediscussed in the past, the City of Fayetteville and the sub -divider of the subject property entered into an agreement in 2001 :t'01 a certain amount of dwelling units projected to be developed on this property without additional improvements or assessments in -lieu of improvements necessary. The City of Fayetteville intends to honor this agreement, and will not be basing any assessment or improvement recommendation on the dwelling units that were originally projected. The contractual agreement also includes an impact fee to be paid for each dwelling unit above and beyond the projected number, as follows: Westside Village Rupple Road lmoact. Fees - RPstdonnai I Ian Type of Proposed Contracted Excess Cash Letter of Total Cash Total Letter Units No: of Total Units Units Per Unit Credit Due of Credit Units Per Unit Due Apartments 366* 260 106 $320.51' $213.67' $33,974.06* $22,649.02* Numbers may change, based upon the actual number ojunits approved and constructed In addition to the proposed dwelling units in excess of that originally projected, a substantial amount of non-residential development is proposed in the submitted mixed -use Planned Zoning District. The traffic generated from this development will also impact surrounding infrastructure. Staff reviewed the methodology for the generation of the amount per dwelling unit that is utilized in the above graph K: Ueremy12006 Correspondence! Westside Village - Street tmprovements.doc and the contract between the City and property owners, which derived an.agreed-upon impact fee cost of $80.57 per vehicle trip generated onto Rupple Road. Also evaluated were the square feet and usage of the non-residential development proposed, as vehicle trips generated vary between uses. Westside Village Rupple Road Impact Fees — Non-residential Use Proposed Use Proposed Square Feet 24hour Two -Way Volume Cost per vehicle trip per day Projected Assessment Restaurant 6,000 540 vpd $80.57 $43507.80 Specialty Retail 17,000 691 vpd $80.57 $55,673.87 General Office 32,000 352 vpd $80.57 $28,360.64 Total .55,000 1,583 vpd $80.57 $127,542.31 Based on this approved methodology, a total of $127;542.31 would be the recommended assessment in -lieu of improvements to Rupple Road. However, staff.also has taken into account that some vehicle trips may be reduced because of the mixed -use component ofthe proposed development, and that many residents in the areamay choose to walk to the restaurants, retail or offices. Additionally, staff finds the projected assessment to be above that which we would recommend meets the rough proportionality for the proposed mixed -use component of the development, given existing infrastructure imthe area. Utilizingthis theory, staff has also prepared a rational nexus methodology that takes into account the recently estimated costs prepared for the street bond program to improve Rupple Road, and what percentage of traffic from this development would impact Rupple Road if constructed to frill capacity. . Projected Traffic from development: 1,583 vpd Rupple Road traffic capacity (Principal Arterial): 20,600 vpd % Traffic from development: 0.0768446 Project frontage: 893 feet• Rupple Road length (Persimmon to Rupple): 2,640 feet WRupple Road frontage: 0.3382575 Rupple Road expansion costs (Persimmon to Wedington): $1,708,000 Westside Village frontage Percentage of Costs: 0.3382575 ($1,708,000) _ $577,743,81 Westside Village Percentage of Costs: 0.0768446 ($577,743.81) = $44.396.49 Staff finds that while the numbers generated from these two methodologies are disparate, we support the latter assessment in lieu of improvements to Rupple Road. This cost is roughly equal to the K Uerrmyl2006 Co,respondencelWestside Village - Street lmprorements.dac - provision of an additional lane of traffic along the Rupple Road frontage for this project, without the removal of curb, gutter, relocation of utilities, etc. As mentioned previously, staff can. not support the proposal initially submitted for a turn lane from one entrance into the development, finding the impact to be greater than that which is presented. Unless further traffic information can be provided, staff will be recommending the above figure as an assessment in lieu of improvements to Rupple Road, in addition to those impact fees collected pursuant to the contractual agreement for residential uses on this property. We hope that an agreement can be reached in order for staff to fully recommend this project without any major issues to address to the Planning Commission and City Council. Please contact me iyifh,any questions. Best Regards, Ter C. P Direct of Current Planning K:Veremy1006 ConespondencelWestride Pillage- Street fmprovements.doe CONTRACTOALAGREEMENT This Agreement, made and entered into this of October, 2001; by and between the. City of Fayetteville, Arkansas, (hereinafter called "City') and WHM Land Investments; Inc_ (hereinafter called `WHM"), W ITNESSETH: WHEREAS, on September 10, 2001 the CityPlanning Commission approved the final plat of WHM, located at City Atlas Page 439, but referred the establishment of an impact fee to the City Council for its approval. WHEREAS, WHM desires to have, an executed agreement formalizing the current . understanding' before transferring Tract 5 to The City. NOW, THEREFORE, the City and WHM agree as follows: 1. The City has agreed to build Rupple Road, classified as a minor arterial, in order to provide access to the proposes Fayetteville Boys and Gids Club_ WHM shall pay, based on the rational nexus formula, an impact fee (or a proportionate share of'the cost of Rupple Road as a Minor Arterial: Based on the fonnuta, the applicant shall be assessed $176,724.25 for a road impact fee: The impact fee was based on the projected future residential development of Tracts 3 & 7 that shall be using Rupple Road. At the time the Boys and Girls Club meet all requirements to obtain the Reynolds grant, WHM shall pay the entire $176,724.25 if -the City Council approves and completes construction. of Rupple Road as a four (4) lane street with .curbs, gutters, and storm sewer_ If the City Council approves construction of a .two -(2) lane street with plans for future widening, then at the time the Boys. and Girls Club meet all requirements. to obtain the Reynolds grant, .WHM shall: a) Pay to the City $100,000.00 (non-refundable; not dependant on any development of vacant lots), .b) Provide the City an irrevocable letter of credit in the amount of $76,724.25 with additional principal to be added each year based.on the increase in the. Consumer Price Index during the previous calendar year, as quoted in the Wall Street Journal on January2 of the previous year and the year of (he increase. Such letter of credit shall run fora term of six (6) years from date of when all conditions are met for the Fayetteville Boys and Girls Clubto obtain the Reynolds grant and shall be due upon the City completing the widening of Rupple Road to four (4) lanes with curbs, gutters, and storm CONTRACTUAL AGREEMENT PAGE 2 OF 3 PAGES sewer. In theevent, Rupple.Road is not improved to such standards within six (6) years, the letter of credit shall expire. c) The irrevocable letter of credit shall be issued for a one year period at the beginning of each twelve (12) month fiscal period during the six (6) year.term. 2. The projected future development of Tracts 3 &7 are 81 single family units, 28 duplex units, and 260 apartment. units. If during the six year period. indicated above a.development is approved by the Planning Commission in excess of anyof the above indicated units:WHM shall pagan additional impact fee breach unit in excess of the above as. follows_ a) Por each excess single family unit $231.30 in cash and a letter of credit for $154.20, total being $385.50. The total amount will be paid in cash if Rupple Road has been completed as a four (4) lane road .with curbs, gutters; and storm sewers.. b) For each excess duplex unit $141.64 in cash and a letter of credit for $94.43, total being $236.07. The total amount wilt be paid in cash if Rupple Road has been completed. as a four (4) lane road with curbs, gutters, and.. storm sewers_ c) For each excess apartment unit $320.51 in cash and a letter of credit for $213.67, total being $534.18. The total amount will be paid in.cash if Rupple Road has been completed as a_four (4) lane road with curbs, gutters, and storm sewers_ -The cash impact-fee.and letter of credit shall be delivered upon the Planning. Commission approving the final plat or large scale development. Any letters of •credit received during the.six•(6) year period from the date the Boys and_Girls Club • meetall. requirements, shall be retumedback to WHM if the road is not widened to four (4) lanes with curbs. gutters, and storm sewers during the six (6) year period. If after the six.(6) year period WHM presents a preliminary plat to the Planning commission in excess of the projected units, WHM shall pay an additional impact -fee for each unit in excess of the projections based on whether or not Rupple Road is completed at that time as a four (4).lane road, with curbs, gutters and storm sewer. If completed, the total amount indicated above shall be paid for each excess unit If not complete, the cash amount indicated above shall be paid for each excess unit. p.. -__-..mow..- ... ..__ter �..... c.- CONTRACTUAL AGREEMENT PAGE 3 OF 3 PAGES' if _during the six (6) year period indicated above WHM has a, final plat approved for less than the projected units indicated above the $76,724.25 letter of -credit shall be reduced for.each unit less than the projected units indicated above. WHM shall receive a reduction for each unit less as follows: a).. For each less unit, of single family in tract 7, a reduction in the letter of credit of $154.20. b) . For each less unit of duplex in tract 7; a reduction in the letterof credit of $94.43: . c) For each less unit of apartments in tract 3, a reduction in the letter of 'credit of $213,67. • 3. Upon The Boys and Gills Club meeting all requirements to.obtain the • Reynolds grant, aft .on -site and off -site improvements and fees, foranydevelopment by WHM, or its assigns, within the approved' final plat area shall be based upon the aboveprovisions and terms. The above provisions and terms.will apply to WHM-: and any subsequent assigns. In consideration for this Agreement by the City, WHM shall deed •Tract 5 to the City. : 4; In the event the Boys.and Gills Club fails to meet all requirements to obtain the Reynolds grant and is not constructed within the approved final -plat area all on -site and offsite improvements and fees for any development on tracts within the approved final plat area shall be based on currentordinance requirements at the time of development approval. Also, the City shall deed Tract'5 back to WHM; IN AGREEMENT. WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: 1. m' OF FAYETTEVILLE WHM LAND'INVE. STMENTS, INC_ Y BY: Dan Coolly, uayor Hay Mcllro y VII t eather Woodruff, City Ct&k d:lm les%copy4pcilmyfyc.ca - THE CITY OF FAYETTEVILLE, ARKANSAS TO: Andrew Garner, Associate Planner FROM: Kay Curry, Park Planner DATE: October 10, 2006 SUBJECT: Parks & Recreation Subdivision Committee Comments 113 W. Mountain Si Fayetteville, AR 72701 Telephone: (479) 444-3469 Meeting Date: October 12, 2006 Item: R-PZD 06-1884 (Westside Village, 439) Park District: SW Zoned: R-PZD Billing Name &Address:. Westside Development Company, LLC / Critical Path Design :, t., 'e' 11 N. West Street, Fayetteville, AR • 72701 /21 W. Mountain, STE 121, Fayetteville, AR .72701•:- Current Land Dedieation.Reguirement Single Family @ .024 acre per unit = acres Multi Family _____@.017 acre per unit = acres Mobile Home _____@.024 acre per unit = acres Lot Split COMMENTS: MoneyinLieu ;.r @$555 per unit=$ 352@ $393 per unit=$138,336 $138,336 @ $555 per uunit = $ ____@$555 per unit =$_____ Total= $138,336 • On May 2n° 2005 PRAB reviewed this project and recommended accepting money in lieu of park land to satisfy the park land dedication ordinance. ■ This decision was based on the project's proximity to the Boys and Girls Club and Dale Clark Park. Additionally, the plans for the development include several small parks within the site. • A resolution from City Council accepting money in lieu of land is required for this project due to the proposed number. of units being over 100 units. Fees are due in the amount of $138,336 prior to issuance of the building. permits. R-PZD0-2 PC Meeting of October 23, 2006 THE CITY OF FAYETTEVJLLE, ARKANSAS TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: October 17, 2006 (13 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM # R-PZD o6-1884: Planned Zoning District (Westside Village Condos) Requirements Submitted: Initial Review wiEthedsca a AdministratorTSite Analysis MaedTSite Analysis Wrirt SubmittedT . Com lete Tree Prn Plan Submitted Canopy Measurements: FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site is mostly clear of tree canopy. Many trees exist within the right of way of Rupple Road but should not be affected by this development. 'There are several small eastern redcedars and ash trees that make up the removed canopy. No significant trees currently exist on the site. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Environmental degradation should not occur on this site. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. • Canopy removed should not affect the adjacent property owners. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. N/A Whether the size or shape of the lot reduces the flexibility of the design. • Size and shape of the lot does not reduce flexibility of design The general health and condition of the tree or group of trees, or the presence of any disease,.injury or hazard. • The general health of these trees is good. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • All canopy on the lot will be removed with this project.. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • What few trees exist on this site will be removed for the project. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • N/A Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. • Mitigation will be required on the site to replace the 8000 square feet of canopy removed. These mitigation trees will be extremely beneficial to this area. The effect other chapters of the UDC, and departmental regulations have on the development design. • N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: . .• N/A The impact a substantial modification or rejection of the application would have on the Applicant: •• Staff is recommending approval of the submitted Tree Preservation Plan with the following Conditions ofApproval. Conditions of Approval: i. Mitigation will be required on this site in the amount 01 19 (2) inch caliper large species trees. These trees are proposed to be planted on -site. 2. 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 yearperiod, the Urban Forester will inspect the site. Finding 90% or better of the trees to be healthy the bond will be released. p Planning Commission Meeting October 23, 2006 E 125 W. Mountain SL Fayetteville, AR 72701 Telephone: (479) 575-8267 LANDSCAPE REVIEW FORM To: Fayetteville Planning Commission From: Andrew Garner, Senior Planner Date: October 18, 2006 ITEM #: R-PZD 06-1884 (Westside Village Condos) Applicable Requirements: X 'OTf`S, riEarkulrg t oPm erciaiDesi Mtandards Bff ers n°dSc 1. 1 n :Plan Checklist: Y = submitted by applicant N = requested by city NA = not applicable el m naar " $"F, trvn`s'i n it al lMit ' "ii Off Strtark ° aono bn Y tr wheel stops/curbs Y irrigation Y edged landscape beds indicated Y species of plant material identified Y size of plant material at time of installation indicated Y interior landscaping narrow tree lawn (8 'mm. width, 17' min. length / I tree per iS spaces) tree island 10' min: width / I tree per 12 spaces) Y perimeter landscaping. side and rear property lines (5' landscaped) adjacent to street RiO.W (I5' greenspace exclusive for landscaping / I street tree every 30 L.F., a continuous planting of shrubs and groundcover-50% evergreen) Y . soil amendments notes include that soil is amended and sod removed K: I Urban ForesierIPROJEC7SIPZD-2005IWesiside Village CondoslPC (Landscape Review) .wd. Planning Commission Meeting firtnkar 'fl flnnc Y vwV¼ii LJ L.VVV mulching notes indicate mulching around trees and within landscape beds. • Y .. u mtt'ial ti NA - . mal ,:�ubta8t planting details according to Fayetteville's Landscape Manual y . . - II1°�°pcia[' es`Q arils greenspace adjacent to street R.O.W. (15' wide) Y street trees planted every 30' L.F. along R.O.W. NA outdoor storage screened with landscaping � iY ^� /fi n�trt r> landscaped area (12' min.) NA AA fence required NA outdoor storage screened with landscaping NA non-residential landscape screen when adjacent to residential zones NA landscape requirement for setback reduction r�8 �D1StYActtt(C uIKCen_t.-_ _ greenspace adjacent to street R.O.W. (25wide) NA NA street trees planted every 30'L.F. along R.O.W. NA 25% of total site area left in greenspace (80%0 landscaped) NA parking tots and outdoor storage screened with landscaping Recommendation: Approval of the landscape plan associated with LSD 06-1884 with the followingconditions: _ Conditions of Approval: 1. Street trees that are removed along the Rupple Road frontage with this development will be required to be replaced. 2. 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. 3. 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, with adequate green space for planting, and the species subject to the approval of the City's Urban Forester. 4. Prior tobuilding: permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator 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. K:I Urban ForesterIPROJEC7SV'ZD-20051 R'esiside Village CondosWPC (Landscape Review). wet. From: Dale Riggins To: Gamer, Andrew Date: 10/19/06 7:05AM Subject: Westside Village I'm not sure which zoning review you were looking at. I went back to the September 18, 2006 review and found these comments about Westside Village R-PZD06-1884 (Westside Village Condos) These 21.91 acres are covered by Engine 7 at 835 Rupple Road. It is 0.1 mile from the station with an expected response time of 1 minute (Development is right across the street from the station). The Fire Department anticipates 83 (50 EMS — 33 Fire/Other) calls for service per year once the• development is completed and maximum build -out has occurred. Measured Hydrant Flow in this area is 1590 gallons/minute. The service impact of this development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. There should be no adverse effects on our call volume or. response time to this development. review that I messed up on? Dale Riggins Captain IT/Planning Fayetteville Fire Department (479)444-3449 Office (479)60-5Pager (479)601-1155 Cell driggins@ci.fayetteville.ar.us January 17, 2006 THE CRY OF FAYE FEVILLE, ARKANSAS Jeremy Pate Zoning and Development Director City of Fayetteville 113W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed Planned Zoning District R-PZD 06-1884 (Wcstside Village Condos, 439) submitted by Critical Path Design for property located S of Wedington, E of Rupple Rd. would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. POLICE DEPARTMENT It is the opinion of the Fayetteville Police Department that this Planned Zoning District will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincere) Captain William Brown Fayetteville Police Department September 18, 2006 THE CITY OF FAYETTEVILLE, ARKANSAS. Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, POLICE DEPARTMENT This document is in. response to therequest for a determination of whether the proposed rezoning RZN 06-2240: (COMBS,.564): Submitted by H2 ENGINEERING, INC. for property located at SE CORNER OF MORNINGSIDE DRIVE AND 15TH STREET. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population'density or create an•widesirable increase in the load on police services. The rezoning will not create an appreciable increase in traffic danger and congestion in the area In reference to HORTON OF HARRIS MCHANEY REALTORS for property located at SW CORNER RZN 06-2244: (HENNINGSEN COLD STORAGE, 717): Submitted by JERRY OF SUNRISE MOUNTAIN AND S. SCHOOL (HWY 71B S). It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density or create an undesirable increase in the load on police services. This•rezoningwill not create an appreciable increase in -traffic danger and congestion. In reference to R-PZD 06-1884:, Planned Zoning District (WESTSIDE VILLA CONDOS, 439): Submitted by TODD JACOBS CRITICAL PATH DESIGN for property located at S OF WEDINGTON, E OF RUPPLE RD. FAYETTEVILLE POLICE DEPARTMENT 10O -A WEST ROCK STREET FAYETTEVILLE,ARKANSAS 72701 (DELIVERIES) POLICE 100-A WEST ROCK STREET 72701 PHONE: 479.587.3555 FAX: 479.587.3522 It is the opinion of the Fayetteville Police Department that this request for a Residential Planned Zoning district wilI.not create an undesirable load increase on police services. It will not create an appreciable increase in traffic danger and congestion. In reference to R-PZD 06-2212: Planned ZoningDistrict (STADIUM CENTRE TOWNHOMES, 557): Submitted by H2 ENGINEERING, INC. for.propertq located at OLD FARMINGTON ROAD, W OF ONE MILE RD_ The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and. contains approximately 2.00 acres. It is the opinion of the Fayetteville Police Department that this Master Development Plan for a Residential Planned Zoning district will not create an undesirable load increase on police services. It will not create an appreciable:increase in traffic danger and congestion: Sincerely,) aptain William roB wn Fayetteville Police Department Critical Path Design T E O 21 W. Mountain, Ste 121 • Fayetteville, AR 72701. Office: 479 527.0055 • Fax: 479 527.2798 October4, 2006 Jeremy Pate • Director of Current Planning City of Fayetteville 113 W. Mountain . Fayetteville, AR, 72701 • Dear Mr. Pate IN OCTo5 5 2006 11± Critical Path Design is writing to request waivers granting permission to: I. Construct curb return radii (CRR) of 15' on street intersections 2. Allow designated on -street parallel parking street for the proposed street cross sections Please consider the following as grounds for granting thewaivers: • I. The request is to allow 15' curb return radius (CRR) at all streets intersections to reduce the speed of turning automobiles and to reduce the in -street walking distance required for • pedestrians crossing the street. Excessive CRR allows traffic to take turns too fast,. raising the design speed of streets to levels that are uncomfortable and unsafeto pedestrians. 15' CRR will create a safe pedestrian environment that promotes walking and pedestrian • safety. Institute of Transportation Engineers guidelines for Traditional Neighborhood Development Street Design states that a CRR above 15 feet significantly adds to crossing distance and crossing time. An example, 25' foot CRR adds 10' to the crossing distance and about 3 seconds to the crossing time. Critical Path Design has design the curbs to be a minimum of six inches (6") thick, with 4000 psi concrete, and fiber reinforced to prevent damage. Additional, no above ground obstructions, such as fire hydrants, street lights, trees or traffic signs will be permitted with in fifteen feet (15') ofan intersection of streets. Along with the reinforced curbs and no parking zones designed to allow apparatus to utilize curbs for their turning needs if the roadway is other wise restricted. 2. The request is for a waiver granting permission to design street cross sections differently than are required. by the current Master Street Plan standard with regards to Westside Village. The request is to allow designated on -street parallel parking street cross sections. Parallel parking is a basic element to anew urbanism and traditional neighborhood street.design. Our proposed street cross sections are intended to create the backbone of what we hope will be a successful development. The streets are J , interconnected reducing through traffic on any one street and providing more than one route for any given destination: We hope our proposed street cross sections promote a strong connection to the community. Oft -street parallel parking is designed to provide a safe environment for pedestrjans on the sidewalk from moving vehicles in the traveled lanes and provide street activity while developing a sense of neighborhood and sense of place. . Sincerely, Todd Jacobs Critical Path sign CC: Jeremy Pate Director of Current Planning Andrew Gamer Sr. Planner • Matt Casey P.E_ Assistant City Engineer Critical Path Design a c o a • o a A r[ o 21 W. Mountain, Ste 121 • Fayetteville, AR 72701 • Office: 479 527.0055 • Fax: 479 527.2798 • October 18, 2006 Matt Casey P.E. • Assistant City Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Westside Village Curb Return Radii Dear Mr. Casey: As requested, Critical Path Design is providing additional information to support our waiver granting permission to allow 15' curb return radius (CRR) at all streets intersections with the exception of Rupple Road intersections. We are basing our request on the Institute of Transportation Engineers (ITE) publication Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities. This publication promotes the:successful use of context sensitive solutions (CSS) in the planning and design of major urban thoroughfares for walkable communities. It provides guidance and demonstrates for practitioners how CSS concepts and principles may be applied in roadway improvement projects that are consistent with their physical settings. The report's chapters are focused on applying the principles of CSS in transportation planning and in the design of roadway improvement projects in places where community objectives support walkable communities -compact development, mixed land uses and support for pedestrians. Attached is Chapter 10 of this publication that discusses curb return radii for street intersections to reduce. the speed of turning automobiles and to reduce the in -street walking distance required for pedestrians crossing the street. Excessive CRR allows traffic to take turns too fast, raising the design speed of streets to levels that are uncomfortable and unsafe to pedestrians. A 15' CRR will create a safe pedestrian environment that promotes walking and pedestrian safety. Sincerely,- Todd Jacobs Critical Path Design CC: Ron Petrie City Engineer Tim Conklin Planning and Development Management Director Jeremy Pate Director of Current Planning Andrew Gamer Sr. Planner ^C• L 1 ) . � Ir 1 - . - mrtx•vFaa Ai 2 Sr} t t ♦ sAd n i � iAl Y�tl `— a . r fS.i'%� W :.,i Errs .w M. z ayar'• L _J l\ ! R) ! 4 y {i ` r r. r y cC f - -...t� ` j• .i r1 /lam [ / 1 / ire ` • , h 3 �. `mac • ♦� V r,y4 r'♦ 4 re R a ��� Y� ♦ Y: 1 rrryx'>YF ^ `^JrS.•§ e4' l' S -'lh. •.. 2 ye! it n Ile}1oo+» ,w.k naar S L .. _ F i 'Sr F ,. %rte♦ r r �, �, i+n ' .m „ 4.. _ � ` � C �� �M1 } The Institute of Transportation Engineers is an international -educational and scientific association of transportation pro- fessionals who are responsible for meeting mobility and safety needs. ITE facilitates the application of technology and scientific principles to research, planning, functional design, implementation, operation, policy development and man- agement for any mode of transportation. Through its products and services, ITE promotes professional development of its members, supports and encourages education, stimulates research, develops public awareness programs and serves as a conduit for the exchange of professional information. Founded in 1930, ITE serves as a gateway to knowledge and advancement through meetings; seminars and publications and through its network of nearly 17,000 members working in more than 92 countries. ITE also has more than 70 local and regional chapters and more than 120 student chapters that provide additional opportunities for information exchange, participation and- networking. To learn more about ITE and our services, visit www.ite.org or call +I 202-289-0222. Institute of Transportation Engineers 1099 14th Street, NW, Suite 300 West - Washington, DC 20005 USA Telephone: +1 202-289-0222 Fax: +1 202-289-7722 ' ITE on the Web: www.ite.org Sponsored by: 0 Office of Infrastructure Federal Highway Administration 400 7th Street, SW Washington, DC 20590 Office of Planning, Environment and Realty Federal Highway Administration 400 7th Street, SW Washington, DC 20590 Office of Policy, Economics and Innovation Development U.S. EPA 1200 Pennsylvania Ave NW Mailcode I807T Washington, DC 20460 Notices: This document is disseminated under the sponsorship of the Department of Transportation in the interest of information exchange. The U.S. Government assumes no liability for its contents or the use thereof. This report does not constitute a standard, specification, or regulation. The U.S. Government and ITE do not endorse products or manufacturers. Trade and manufacturers' names appear in this report only because they arc considered essential to the object of cite document. This project was partially funded by a cooperative agreement from the Environmental Protection Agency's Development, Community and Environment Division. RP -036 m 2006 Institute of Transportation. Engineers. All rights reserved. 500/GP/JS/0306 Printed in the United Slates ofAmerica 7SBNNo: 1-933452-11-0 Preface and' Acknowledgements This report is published as a proposed recommended practice of the [nstitute ofTransportation Engineers ([TE). As such, it is to be considered in its proposed form, but is subject to change after receipt and consideration of suggestions from those who have reviewed the report. Readers are encouraged to submit written suggestions for improving this report to: Institute of Transportation Engineers Attention: Lisa Fontana Tierney 1099 14th Street, NW Suite 300 West Washington, DC 20005 Fax +1 202-289-07722 ltierney@ite.org • Written suggestions should be received at the above address no later than December 31, .2006 to ensure consideration for incorporation into the final recommended practice report. [TE wishes to thank the Federal Highway Administration's Office of Infrastructure, Office of Planning, Environ- ment and Realty and the Environmental Protection Agency's Office of Policy, Economics and Innovation Devel- opment for financially supporting this work effort and providing leadership and guidance in the development of this report. This report was developed through a partnership with ITE and the Congress for the New Urbanism (CNU) and is the result of several years of concerted effort by dedicated volunteers, including [TE and CNU.members and many other interested parties. ITE wishes to thank the members of each of the following committees for their respective roles in the preparation of this report The project management team played an essential role in the identification, development and refinement of content, including numerous detailed reviews throughout the development process. The members oldie project management team were: - Brian S. Bochner (F), Texas Transportation institute - Philip J. Caruso (F), ITE Lisa FontanaTerney (M), ITE Christopher V. Forinash (A), EPA Ellen Greenberg, Freedman, Tung & Botromley Heather Smith, CNU Jon T. Obenberger (M), FHWA Harold E. Peaks, FHWA ix Curb Return Radii Background and Purpose Curb returns are the curved connection of curbs in the corners formed by the inter- section of two streets. A curb return's pur- pose is to guide ve- hicles in turning corners and separate vehicular traffic from pedestrian areas at intersection corners. The radius of the curve varies, with longer radii used to facilitate the turning of large trucks and buses. Larger radius corners increase the length of pedestrian crosswalks. In CSS, the smallest practical curb return radii are used to shorten the length of the pedestrian cross- walks. Based on this function, this report suggests a general strategy for selecting curb return radii design criteria and discusses situations requiring larger de- sign vehicles. General Principles and Considerations General principles and considerations regarding curb return radii include the following. Curb return radii should be designed to accom- modate the largest vehicle type that will fre- quently turn the corner (sometimes referred to as the control vehicle). Thisprinciple assumes that the occasional large vehicle can encroach into the opposing travel lane as shown in Figure 10.7. If encroachment is not acceptable, then a• larger design vehicle should be used. Curb return radii should be designed to reflect the "effectiveturning radius of the corner. The effective turning radius takes into account the wheel tracking of the design vehicle utilizing the width of parking and bicycle lanes. Use of the effective turning radii allows a smaller curb re- Ill Crossing time at 4 ft. per second. turn radius while retaining the ability to accom- modate larger design vehicles (Figure 10.8). • In urban centers (C-5) and urban cores (C-6) where pedestrian activity is intensive, curb re- turn radii should be as small as possible. • On multi -lane thoroughfares, large vehicles may encroach entirely into the adjacent travel lanes (in the same direction of travel). • To help select a design ehide, identify, bus routes to determine whether buses are required to turn at the intersection. Also check tran- sit service plans for anticipated future transit routes. Map existing and potential future land uses along both streets to evaluate potential truck trips turning at the intersection. • Apply curb return radii that are compatible with the design vehide. Occasional turns by vehicles that are larger than the design vehicle could be accomplished by turning more slowly and pos- sibly encroaching into oncoming travel lanes to complete the turn. • Curb return radii of different lengths can be used on different corners of the same intersec- tion to match the design vehicle turning at that corner. Compound, spiral, or asymmetrical curb returns can be used to better match the wheel • tracking of the design vehicle (see AASHTO's Green Book for the design of spiral and com- pound curves). • If large vehicles need to encroach into an oppos- ing travel lane, consider placing the stop line for opposing traffic further from the intersection. 161 require lu✓ smaller curb return radii shorten the distance that pedestrians must cross at intersections. The occasional turn made by large trucks can be accommodated with slower speeds and some encroachment into the opposing traffic lanes. source; Kimley-Horn and Associates Inc. Recommended Practice Flexibility in the design of curb return revolves around: (1) choice of design vehicle, (2) combination of dimensions that make up the effective width of the approach and receiving lanes and (3) the curb return radius itself. The practitioner needs to consider the trade-offs between the traffic safety and operational effects of infrequent large. vehicles and the creation of a street crossing that appears reasonable to pedes- trians. The guidelines assume arterial and collector streets in urban contexts (C-3 to C-6) with turning speeds of city buses and large trucks of 5 to 10 mph. The guidance is not applicable to intersections with- out curbs. Recommended practices include the following. • In urban centers (C-5) and urban cores (C-6) at intersections with no vehicle turns, the tr i- mum curb return radii should be 5 ft. • A typical minimum curb return radius of 10 to 15 ft. should be used where: 1. High pedestrian volumes are present or rea- sonably anticipated; 2. Volumes of turning vehicles are low; 3. The width of the receiving intersection ap- proach can accommodate a turning passen- ger vehicle without encroachment into the opposing lane; 4. Passenger vehicles constitute the majority of turning vehicles; 5. Bicycle and parking lanes create additional space to accommodate the effective" turn- ing radius of vehicles; 6. Low turning speeds are required or desired; and 7. Occasional encroachment of turning school bus, moving van, fire truck, or oversized deliv- ery truck into an opposing lane is acceptable. 162 LA. le' Rf 'A-- Ri= Actual Curb Radius R2= Effecelve Radius Figure 10.8 The existence of parking and bicycle lanes creates an •'effective" turning radius that is greater than the curb return radius. Source: Community, Design + Architecture, adapted from the Oregon Bicycle and Pedestrian Plan. • Curb radii will need to be larger where: 1. Occasional encroachment of a turning bus, school bus, moving van, fire truck, or over- sized delivery truck into the opposing lane is not acceptable; 2. Curb extensions are proposed or might be added in the futute; and 3. Receiving thoroughfare does not have park- ing or bicycle lanes and the receiving lane is less than 12k. in width. Recommendations for Curb Radii on Transit and Freight Routes Trucks, routes should be designated on a minimum number of appropriately selected streets to reduce the impact of large turning radii on pedestrian routes. Where designated local or regional truck routes con- flict with high pedestrian volumes or activities, ana- lyze freight movement needs and consider re -designa- tion of local and regional truck'routesto minimize such conflicts. On bus and truck routes, the following guidelines should be considered. • Curb return radii design should be based -on the effective turning radius of the prevailing design vehicle. • Where the potential for conflicts with pedestri- ans is high and large vehicle turning movements necessitate curb radii exceeding 50 ft., evaluate installation of a channelized right -turn lane with a pedestrian refuge island (see the section on pe- destrian refuge islands in Chapter 9 and the sec- tion on channelized right -turn lanes in Chapter 10). To better accommodate the path of large 163 vehicles use a three -centered compound curve in the design of the island (see the AASHTO Green Book's Chapter 9 for design guidance). Where frequent turning of large vehicles takes place, avoid inadequate curb return radii as it could potentially cause large vehicles to regular- ly travel across the curb and into the pedestrian waiting area of the roadside. Justification Intersections designed for the largest turning vehicle traveling at significant speeds with no encroachment results in long pedestrian crossings and potentially high -conflict areas for pedestrians and bicyclists. Ra- dii designed to accommodate the occasional large ve- hicle will allow passenger cars to turn at high speeds. In CSS, the selection of curb returns ranging from 5 to 25 ft. in radius is preferable to shorten pedestrian crossings and slow vehicle turning speeds to increase safety for all users. Channelized Right -Turns Background and Purpose In urban contexts, high-speed channel- ized right turns are often inappropriate because they create conflicts with pedes- trians. Under some circumstances, providing chan- nelized right -turn lanes on one or more approaches at a signalized intersection can be beneficial, but un- less designed correctly, these right -turn lanes can be undesirable for pedestrians. According to the Oregon Bicycle and Pedestrian Plan a well -designed chan- nelization island can: • Allow pedestrians to cross fewer lanes at a time .and judge conflicts separately; • Provide refuge for slower pedestrians; • Improve accessibility to pedestrian push -but- tons; and • Reduce total crossing distance, which provides signal -timing benefits. Right -turning drivers may not have to stop for the traffic signal when a poorly designed channelized right -turn lane is provided. Even where pedestrian signal heads are provided at the intersection, pedes- trians are usually expected to cross-channelized right - turn lanes without the assistance of a traffic signal. Most channelized right -turn lanes consist of only one lane and the crossing distance tends to be relatively short. However, drivers are usually looking to. their left to merge into cross -street traffic and are not al- ways attentive to the presence of pedestrians. General Principles and Considerations The general principles and considerations regarding channelized right turns include the following. • Avoid using channelized right -turn lanes where pedestrian activity is significant. Ifa channelized right -turn lane is unavoidable, use design tech- . niques described to lessen the impact on pedes- trians. • Exclusive right -turn lanes should be limited. A right -turning volume threshold of 200-300. vehicles per hour is an acceptable range for the provision of right -turn lanes. Once determined that a right -turn lane is necessary, awelldesigned channelization island can help slow down traf- fic and separate conflicts between right -turning. vehicles and pedestrians (Figure 10.9). • [fan urban channelized right -turn lane is justi- fied,. design it for low speeds (5 to 10 mph) and high, pedestrian visibility. • For signalized intersections with significant pe- destrian activity, it is highly desirable to have pe- destrians cross fully under signal control. This minimizes vehicle -pedestrian conflicts and adds to the comfort of pedestrians walking in the area. • Consider channelized right -turn lanes at multi- lane all -way stop controlled intersections to pro- vide pedestrians an additional refuge among the complex right-of-way patterns that affect traffic movements. Future Land: Use WESTSIDE VILLAGE CONDOS Werview . Legend Subject Property Boundary IlihIIInew06-1884 ' N. Planning Ama Streets yoo0q c Overlay Dishct _.. r\, 6dsung i. :- :• , I Outside City Planned - Legend . 0 150 300 600 .900 1,200 Feet f-7 I RPZD06-1884 One.Mde View, � —?. WESTSI• ml ,GE CONDOS Li as flaJ SUBJECT PROPERTYkc -W£flflIGION.pIL 1. G_ v u G1 Overview - Legend Boundary Subject Property, e� s Piami area IiiIiiiii RPZD06-1884 yooaa o oovedaYOishnrl ONr�ae Gn ---- Legend 0 0.128.25 0.5 0.75 1. files dyetvtile ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville. AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: City Council, Mayor Dan Coody * `Q From: Jeremy Pate, Director of Current Planning Date: November 29, 2006 Subject: Rupple Row R-PZD — Rupple/Persimmon Street improvements The City Council is currently considering a Residential Planned Zoning District proposal under the name of Westside Village. At the agenda session of November 28, 2006, the City Council requested information regarding the street improvements/assessments required of the development across the street, Rupple Row Planned Zoning District, which consists of 182 single family residential dwelling units and 78 two-family dwelling units (a total of 260 dwelling units). Following are the street improvements and assessments that staff recommended and the City required to be dedicated, installed and inspected or submitted to the City for this project: 1) Dedication of right-of-way to meet Master Street Plan standards for Rupple Road (Minor Arterial, 45 feet from centerline) and Persimmon Street (Collector, 35 feet from centerline). 2) Persimmon Street required to be constructed to a full 28 -foot cross-section along the southern boundary of the property, with curb and gutter on both sides, storm drains and 6 - foot sidewalks on one side. The 28 -foot wide street section tied Rupple Road to Cross Keys PZD (and to 46th Street), with approximately 1300 feet in street length. 3) Improvements to approximately %4 of the intersection of Rupple Road and Persimmon Street, to tie the two streets together. The City cost -shared with this developer to add a turn lane at the intersection, in coordination with other properties developing in the area. A letter of credit from the developer in the amount of $82,635 for the cost of this intersection improvement was submitted to the City. 4) Six-foot sidewalks on one side of Rupple Road. 5) Impact fees for Rupple Road pursuant to the WHM contract with the City of Fayetteville were paid as follows: • $30,443.30 in cash • $20,295.70 in letter of credit K. Veremyl2006 CorrespondencelCC & PC MMemosliVesiside Village PZD - Rupple Rmadoc 55, 1CRIVOi, Gs/.,A,)z is C (%,//a�e- CONTRACT Comes now Westside Development Company, LLC, John Nock, Richard Alexander, Rob Merry=Ship, 'and their heirs and assigns as the owners/developers of Westside Village , PZD (hereinafter "Westside 4 . Village") and the City of Fayetteville, Arkansas which all agree as follows: The City of Fayetteville willallow Westside Village not to extend the two platted stubout streets all the way to .its eastern' border upon.. the following conditions agreed to by Westside Village: (1) Westside Village agrees to build both stubout street sections up to one foot of the eastern border of the Westside Village PZD and properly dedicate them as city streets. (2) Westside Village agrees to construct a barricade at the end of each stubout section to prevent vehicular traffic from crossing the one foot unbuilt section of the stubout street. This barricade will contain an advisement that is large enough to be clearly legible from the adjoining north/south street stating: "This stubout city street shall be extended to the East when that property is redeveloped residentially or commercially." (3) Westside Village agrees to dedicate to the City the one foot section on both stubout street sections upon request by the City when the property adjoining Westside Village to the East is being redeveloped either residentially; commercially or as a PZD. (4) Westside Village also agrees to remove or to pay to remove the barricades and to pay (as a cost share with the developers of the eastern , • ! property) the construction costs for these one foot city street sections upon request by the City. The City of Fayetteville agrees to waive its normal requirements that the stubout streets be fully constructed all the way to the property border and dedicated to the City during the initial construction of Westside Village. Furthermore, the City will attempt to require construction traffic for the redevelopment of the land to the east of Westside Village to access the ^ -. l\ M�-{, q l\ r!l11 I.�Y �i�. \' ofrp a .such-.a; ul M Y��i'.-`� �� a 1. t' R . 1`1 .ion I e _ .��L� _. yr•^Y.'"�i.�'2?�. jn-r -� _��rfiC .a_.'ea^.LJil :. .. tJyvi...re�'�Jt. C.I'. <. r�. a :tl j.�t. e. �a.-�.1 Vt i`Z�:....0 A.\ral.t�vi than through Westside Village if practicable. In Agreement with all the terms and conditions above, we sign our names on this 5a day of December, 2006. WESTSIDE DEVELOP -• T COMPANY, LLC By: Printed Name: pC.l f,j: ALO &i Title: CA&f1 fr IAA AQLX, Personal guarani es for themselves wa a.nd he and a ns: _. By: CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, Mayor Attest: SONDRA SMITH, City Clerk ft YWa4j etIt1e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: City Council, Mayor Dan Coody From: Jeremy Pate, Director of Current Planning Date: December 19, 2006 Subject: Westside Village R-PZD — Determinations on Waiver Requests Should the City Council choose to approve R-PZD 06-1884, Westside Village, the following determinations need to be made regarding requested waivers: Condition #2 — Connectivity and Stub -outs • Staff Recommendation: Staff recommends approval of the connectivity as indicated. Recommends all street and drive -aisle stub -outs be constructed to the property line. .>.�- • Planning Commission Recommendation: Full stub -outs shall be constructed to the north property lines in all cases. An assessment shall be paid to the City for the construction of the stub -outs to the east, in an amount to be approved by the City Engineering Division prior to building permit. The applicant shall coordinate with the City Engineering and Transportation Divisions prior to construction to agree upon appropriate signage to indicate future street extensions, but still be aesthetically compatible with the development. The applicant shall work with the City Attorney's Office to carefully write an easement document to prevent large utility trucks from accessing the street stub -outs to the east: The intention of the easement document is to prevent using the streets in this development as a cut - through. This easement shall be recorded prior to building permit and referenced by document number on the easement plat. • Street Committee Recommendation: Full stub -outs shall be constructed to the north property lines in all cases. The City Council agrees to the contract attached as Exhibit "D" to the ordinance as well as the amended plat presented to the City Council on December 19, 2006, 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. K: Ueremy12006 CorrespondencelCC & PC Memosi Westside Village PZD - Waiver Determinations.doc Condition #3 - Street Design Waivers (b) Curb Return Radius (CRR) • Staff Recommendation: Staff recommends a 20 -foot CCR in all instances • Planning Commission Recommendation: Recommended the requested 15 -foot CCR in all instances • Street Committee Recommendation: Recommended 20 -foot CRR in all instances (c) Street Cross Sections • Staff Recommendation: Staff recommends the requested cross sections. Staff recommends Street #2 be a private street, in that it functions as a parking lot and drive aisle. • Planning Commission Recommendation: Recommended the requested cross sections. Recommended Street #2 to be a public street, to be dedicated and maintained by the City in its entirety. • Street Committee Recommendation: Recommended the requested cross sections. Recommended Street #2 be public, with the bioswales within the right- of-way to be maintained permanently by the owner or assigns. Condition #5 — Street and Drive Aisle Width Waivers (Ch. 166 and Ch 172) • Staff Recommendation: Staff originally recommended denial of the various cross -sections, recommending a 24 -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. Should the City Council approve the 20 -foot CRR, staff would recommend the cross -sections be reduced to 23 feet in total width. • Planning Commission Recommendation: Recommended the various cross - sections as requested. • Street Committee Recommendation: Recommended 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. K Veremy(2006 CorrespondencciCC& PC Memos IWestside Village P7D - Wai erDetermina,ions.doc EXHIBIT "D" M224J$ i Page I of 2 CONTRACT Comes now Westside Development Company, LLC, John Nock, Richard Alexander, Rob Merry -Ship, and their heirs and assigns as the owners/developers , of Westside Village PZD (hereinafter "Westside Village") and the City of Fayetteville, Arkansas which all agree as follows: The City of Fayetteville will allow Westside Village not to extend the two platted stubout streets all the way to its eastern border upon the following conditions agreed to by Westside Village:. (1) Westside Village agrees to build both stubout street sections up to one foot of the eastern border of the Westside Village PZD and properly dedicate them as city streets. (2) Westside Village agrees to construct a barricade at the end of each stubout section to prevent vehicular traffic from crossing the one foot unbuilt section of the stubout street. This barricade will contain an advisement that is large enough to be clearly legible from the adjoining north/south street stating: "This stubout city street shall be extended to the East when that property is redeveloped. residentially or commercially." (3) Westside Village agrees to dedicate to the City the one foot section on both stubout street sections upon request by the City when the property adjoining Westside Village to the East is being redeveloped either residentially, commercially or as a PZD. " (4) Westside Village also agrees to remove or to pay to remove the barricades and to pay (as acost share with the developers of the eastern EXHIBIT "D" Page 2 of 2 property) the construction costs for these one foot city street sections upon request by the City. The City of Fayetteville agrees to waive its normal requirements that the stubout streets be fully constructed all the way to the property border and dedicated to the City during the initial construction of Westside Village. Furthermore, the City will attempt to require construction traffic for the redevelopment of the land to the east of Westside Village to access the pr-opprty from j+ajor city streets such as Wedington or Persimmon rather than through Westside Village if practicable. In Agreement with all the terms and conditions above, we sign our names on this 5a' day of December, 2006. WESTSIDE DEVELOP T COMPANY, LLC By: Printed Name: e11,,>D al I L((,'(_ Title: (AAJf1f1r3 CA { LyV z3t, Personal guaranites for themselves and heif3and astsidns: J By: CITY OF FAYETTEVILLE, ARKANSAS DAN COODY, Mayor Attest: By; SONDRA SMITH, City Clerk (12.27.06) Clarice Pearman - Oads. 4959, 4960 & 4962 mm Page F From: Clarice Pearman To: Pate, Jeremy Date: 12.27.06 2:08 PM Subject: Ords. 4959, 4960 & 4962 Attachments: 4962 ADM 06-2382.pdf; 4959 R-PZD 06-1884.pdf; 4960 R-PZD 06-2212 Exhibit B. pdf; 4960 R-PZD 06-2212.pdf; 4959 Exhibit B.pdf CC: Audit; GIS Jeremy, Attached is a copy of the above ordinances passed by City Council December 19, 2006. I just received the Exhibit A for Ord. 4961 and I will continue the processing of this item. If anything else is needed please let me know. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us - AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED OUT OFTayve evi 1p EDI GTON. EA VILLAGE, LOCATED SOUTH IN llr ING AP TON. EAST OF RUPPLE ROAD, MENDING ING APPROXIMATELY 2163 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAVETTEVILLE; AND ADOPTING THE ASSOCIATED ARKANSAS MASTER DEVELOPMENT PLAN DE IT ORDAINED DY THE CITY COUNCIL OF THE CITY OF FAYETT[VILIEI ARKANSAS: S,. n described property is hereby charged as :ob i.yw r rani RMF-24, Residential Multi -Family, 24 units per acre to R-PZD 06.1884 as shown in Exhibit -A- and depicted in Exhibit'Battached hereto and made a pan hereof. Section 2: That the change in zoning classM1cation is based upon the approved master develop- ment plan, development standards, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council indicated in Exhibt '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 Thal the official zoning map of the City of Fayettev lle. Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. pseso ant APPROVED this 190i day of December, 2006. APPROVED: ATTEST: By By DAN GOODY; Napes SOIORA SMITH, City Clelk/IYweorRr EXHIBIT'A' R-PZD 06-1884 TRACK 3, FINAL PLAT OF W.M.M. LAND INVSTMENTS, INC., AN ADDITION TO FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING FILED FOR RECORD 1219-05 AS PLAT 17-102. Exhibit'B' is a map and may be viewed in the city clerk's office during normal business hours. EXHIBIT'C' R-PZD 06-1884 Conditions of Approval I City Counal determination of street improvements. a Residential Development: Irtpact fees to Rupple Road are based on a contractual agreement for devaapnwe of the property for residential units (see attached) signed by the City as pan of the final part inducing the subject properly in the Raton listed as follows Westside Village Rupple Road Impact Fees Type Proposed CmRcted Excess Cash Letter of Tore! Cash Total of Uab NO, of Total Units (nits Per Unit Credit Per Due Letter of Units Unit Credit Due Aj%ments 352 260 92 $320.51 $213.67 $29,486.92 $19,657.64 'Sin attached contractual Agreement, in conjunction with the Final Plat 01-07.00, in which the cur - NN proposal is Lot 3. 'The Cash and Letter of Credit amounts are due prior to building pemit. The applicant shall submit $29,486.92 and a letter of credit far $19,657 64 prior to issuance of build- ng permit. The appl art requests to pay these impact fees based on the number of units built rather than on the rnaotarn number of units allowed by the proposed PZD. The applicant proposes to pay these impact fees per construction phase as delineated on the pans prior to the building permit issuance for that phase Only CITY COUNCIL DETERMINED IN FAVOR OF THIS CONDITION (12-19-06). b. Calmstcial Development The contract for the Rupple Road impact fees covered only residen- tial 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 assess- ment to the traffic impacts generated by the proposed non-residential use has seen evaluated by Me City Planning and Engineering g Divisions and an assessment amniml ct $C4.396 e9 shall he paid print to issuance of a building permit for the ccn ercial portion of Pe development to mla(cve ments to Rupple Road. A memo from City staff to the applicant describing the memodoiogy used to derive the assessment amount is attached to this report. CITY COUNCIL DETERMINED IN FAVOR OF THIS CONDITION (12-19478), 2. City Council determnation of adequate conrectMty. • Norm. The stub -art to the north to, Street a2 shall be revised to indicate a 20' ate -way paved sec for for a northbound lane, and a 20 one-way paved section for a southbound lane, divided by a median, extending me boulevard section to the northern properly line All stub -cola 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 south- ern border of the site shall be provided as indicated. • East The City Council agrees Io the contract attached as Exhibit D" to the ordinance as wel as the amended plat which allows construction of the stub -cuts to the east one fool 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 1219-06). 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 skeet intersections and driveways when City Code requires a 30' CRR for streets (UDC Secian171.02(C)), and 25' for ca versioial driveways (UDC Section 172.04(Dx2xaxiv)). Staff and the Street Committee ratan - mend 20 -toot curb return radii in all instances where 23 -foot street widens 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 Corrxnitlee recommend all street cross -sec tons as proposed, with amendments as noted herein. The Street Committee also recoryrends that Street a2 be a public street as requested by the applicant, with the bioswales within the right-of-way to he maintained permanently by the owner or assigns. CITv COUNCIL AMENDED THE PLANNING COMMISSION RECOMMENDATION TO ACCEPT THE STREET COMMITTEE RECOMMENDATION AS NOTED ABOVE (1219-06) 4. City Council determination of commercial design standards for the commercial structures and overall compatibility and transition in the proposed development. Staff finds in favor of this deter- mination The building elevations of the non-residential structures are well -articulated and provide for : cnwslent a' d overriding theme throughout the developmentwhich transitions well between the xed use buildings. tDW-houses live -work units, and flats The zoning criteria for the residen- tial r olures requires buildings to front the street. and reduced building setbacks help create a stna1scape and facilitate an overall compacl and complete development with me urban structures broken up by a village green and pedestrian greenway at key visual points, preventing a rnnopny of sPuctures. CITv COUNCIL DETERMINED IN FAVOR OF THIS CONDITION (12-19-06). 5 Planning Camyseion determination of a waiver of Chapter 166 and 172 of the Unified Development Code, for 24' wide drive aisles/parking stub -alts. SkeeVdriveway widths shall be modified to a mnimum with of 24' for two-way access, and 17 for one-way access in all Instances. The two-way drive aisles around the perimeter of the development are 23'. Several other drive will have different widths such as 22,23'. and 25'. The Street Com*ttee rec- ommends a 234oat back04-cut to back-ci-curb dflsial n be iaized toe all ddv1wpe, drive aisles, public streets and pdv to steam wt... Nroglgy IerO U V „)until AMENDED 7HE PLANNING COMIASSION RECOMMENDATION TO ACCEPT THE STREE COMMITTEE RECOMMENDATION AS NOTED ABOVE (12-1906) 6 Sidewalks along Rupee Road Shall be Criark acted to city standards and dedicated to the City Sidewalks along all interior public streets shell be constrwYed to city standards with a rr nimun of 6' in width. All sidewalks and greenspace adjacent to private streets shall not be owned by the City. but Shal 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 even) the private streets are not ma'tained as equved. the City shall have the right (but shall not be required) to maintain said ees and to charge the cost thereof to the property owners within the PZD on a pro rata basis am oirg rc assessed va sateen for ad vaiorerr ax purposes and shad. have a lien on the real prop e:y within Ire P70'2' suer _ost Tie covenants small grant the City the right to use all private streets for purposes of providing fire and police ootecrion. sanitat or service and any other of the munic- oai functions. Said covenants regarding maintenance of private streets shall not be amended and small no: terminate without approval of the City Council (§166.006 (K 10 b.vii) 7 Pedestrian walkwaysisidewalks 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 pe' TO linear feet of street, and between the buildings (typical) shall be a requirement of the PZD, and slat. be installed as buildings are constructed, prior to occupancy B. Right-of-way dedication in the amount of 55' from centerline of the existing Rupple Road right-ot- way needs to be provided with this development. Right-of-way for infernal public streets to be ded- icated 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 build- ing permits. The development shall be consistent with the site plan and mix of uses as approved in me PZD. All development shall meet applicable zoning and development criteria, unless Specifically waived or varied by the Planning Caumxssan as part of the PZD approval 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 CreekPfamestring 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 II within eight years of approval by City Council A one-year extension may be approved by the Panning Canmission 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 ads' quote to service the amount of slid waste generated by this development As discussed with ma applicant and Solid Waste Division. it is likely that compactors (shown) will be required in addition to several drxrpsters throughout the development. The location of all compactors and dumpste- oadh. shall be coordinated with the Solid Waste Division to ensure adequate turning radii and space Ali dumpsters shall be screened with materials that are compatible with and complimentary to the archr lecture of the surrounding structures. 14 Prior tc issuance of a building permit an easement plat shall be Signed by all utilities providing service to this project 15. The Civic Building will core back to Planning Commission for review as a Conditional Use Permit, and will be required to meet comirerciat 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 Shan be constructed to be consistent with the concepts depicted in the building ele- vaoons in the PZD booklet All buildings shall be designed and constructed to front onto public 'ghts-of-way. All non-residential buildings or mixed use buildings shall adhere to Carmerciai Design Standards. 1B. Parks fees for 352 Multi -Family Units are due in the amount of $138,336 Fees are due prior to ssuance 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 erode, and shall be subject to signage requirements for commercial development for Panning Area I, and for residential development for all other Planning Areas. 20 The Master Development Plan, Statement of Corvnitments and Architectural Standards submit- ed by the applicant shall be considered binding and tied to the zoning of the property. Conditions at approval as noted herein and other requirements placed upon the project with review of the vaster Development Plan - Planned Zoning District by the City Council shall also be binding. 21. Mitigation will be required on this site in the amount of 19 (2) inch caliper large species trees these Veils are proposed to be planted on -site. free Preservation Conditions 22. A 3 -year maintenance bond, letter of credit, or check equaling $4750 shall be deposited with me City of Fayetteville before final Certificate of Occupancy. After the 3 year period. the Urban Forester will inspect the site. Finding 90% or boner of the trees to be healthy the bond will be released Landscape Plan Conditions 23. Street bees 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. .'S Street tree plantings will be required along me all public and private street frontages with one •r'e on 30 ree: 'hese trees will need to be planted in urban tree wells with structural soils, or with v-i..ale gees space fo planting, and the species subject to the approval of the City's Urban .,,.:or 26. Prior to building Perri 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 cred- ifkaah)for 150% of the cost of the male;.als ard,nstallation of the plants. This guarantee will be held urge the improvements are installed and inspected, at the time of Certificate of Occupancy Standard Condihms of Approval 27. Plat Review and Subdivision consents (to include written staff comments provided to the appli- cant or his repreeentalive, and all comments from utility representatives - AR Western Gas. SWBT, Ozarks, SWEPCO, Cox Co munications). 28. Trash enclosures shall be screened with materials compatible with the buildings in the develop- ment with access not visible from the public or private streets or drive aisles. Architectural render- ings depicting the colors and materials for the trash enclosures shall be submitted for review prior to issuance of a building pemd. 29. Staff approval of final detailed plans, specifications and calculations (where applicable) for grad- ,ng, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lo(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 improve- ments shall comply with Citys 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. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff pfior to building perms. 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 cred- it, 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 safely must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupa rcy a. fl NORTHWEST ARKANSAS EDITION Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Cater, 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 4959 Was inserted in the Regular Editions: December 27, 2006 Publication Charge: $432.55 Subscribed and sworn to before me ThislJ day of j , iM 1, 1, 2006. Notary Public My Commission Expires: Sharlene D. 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