HomeMy WebLinkAboutOrdinance 4994 I IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIuIIIVIIIVIIIVIIIIIIuVIIIIIIuIIIIIIII
DOC ID : 011020350014 Tvoe . REL
Recorded : 04/06/2007 et 03 : 36 : 44 PM
Fee Amt : $47 . 00 PaOe 1 of 14
Washlnoton Countv . AR
Bette Stamps Cireult Clerk
File2007 -00013096
ORDINANCE NO. 4994
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 06-2299, RUSKIN HEIGHTS,
LOCATED WEST OF HIGHWAY 265/CROSSOVER ROAD, ON
THE SOUTH SIDE OF MISSION BOULEVARD; CONTAINING
APPROXIMATELY 28.93 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 RSF-4, Residential Single Family, 4 units per acre to
R-PZD 06-2299 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; further, that the conditions
of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the
City of Fayetteville.
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.
PASSED and APPROVED this 20th day of March, 2007.
Page 2
Ord. 4994
,s0 AR�VTR 165"
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APPROVED- ATTEST: C.);
c ; FAYETTEVILLE ;
By: By: ANcj
DAN COODY, Mayo SONDRA E. SMITH, City Clerk/TreasurerZ , rON �%%``�
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EXHIBIT "B"
R-PZD 06-2299
A PART OF THE SOUTHEAST QUARTER (SE1/4) OF THE SOUTHWEST QUARTER (SWI /4)
AND THE SOUTHWEST QUARTER (SWI /4) OF THE SOUTHEAST QUARTER (SEI /4) OF
SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A '/2" REBAR LOCATED S87032'34"E 660.0 FEET FROM A STONE
MONUMENT LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE 03°38'07" E 441 .29 FEET
/2" REBAR; THENCE N 87°33'26" W 135 .00 FEET 1/2" REBAR; THENCE N 03°42'40" E 80.00
FEET %2" REBAR; THENCE N 87°33'28" W 175 .00 FEET %2" REBAR; THENCE N 03°42'40" E
212.28 FEET '/2" REBAR; THENCE S 87°48'42" E 310.03 FEET '/2" REBAR; THENCE N
03042'38" E 417.42 FEET TO A /2" REBAR LOCATED ON THE SOUTH RIGHT-OF-WAY OF
ARKANSAS HIGHWAY NO. 45 (MISSION BOULEVARD); THENCE NORTHASTERLY
ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N 69°23'34" E 249.39 FEET TO A %2"
REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, AN ARC
LENGTH OF 108.99 FEET AND A CHORD BEARING OF N 72036'42" EAST 108.93 FEET TO
A %2" REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 978.84 FEET, AN
ARC LENGTH OF 335 .04 FEET AND A CHORD BEARING OF N 85038' 10" E 333 .40 FEET TO
A %2" REBAR, S 01 004'05 " W 12.27 FEET TO A %2" REBAR; S 86°22' 14" E 166.88 FEET TO A
%2" REBAR, S 03°35'31 " W 1 .95 FEET TO A ''/2" REBAR, THENCE S 86°28'21 " E 252.00 FEET
TO A '/2" REBAR; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S 03°29'46" W
825.60 FEET TO A %2" REBAR LOCATED ON THE NORTH LINE OF THE PARK PLACE
ADDITION PHASE II; THENCE N 85°48'23 " W 422.74 FEET TO A '/2" REBAR LOCATED AT
THE NORTHWEST CORNER OF SAID ADDITION; THENCE S 03°45'46" W 491 .63 FEET
ALONG THE WEST LINE OF SAID ADDITION TO A STONE MONUMENT; THENCE N
87°31 '58" W 657.93 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 28.93
ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 1 of 10
The following conditions of approval are hereby approved for R-PZD 06-2299 (Ruskin
Heights).
Streets and Right-of-Way
1 . City Council determination of street improvements. Staffrecommends the following street
improvements, based on the proportionality of the development 's impact:
a. The developer shall construct a 3-lane street section with pavement, curb, gutter, and
storm drains, from where it currently stops east of the site on Mission Blvd west to
Greenview Drive, to include complete 6-foot sidewalk connections on Mission Blvd.
The applicant shall coordinate with the Engineering Division and AHTD to
determine if a continuous turn lane or turn lane at major intersections is more
acceptable. Construction of these improvements shall occur with Phases I-III, with
the approved development of 57 dwelling units and 16,636 SF of nonresidential area.
b. The developer agrees to and shall be responsible for the payment and installation of a
fully actuated traffic signal at the intersection of Lisa Lane and Mission Blvd, as soon
as AHTD warrants are met and a permit for construction is issued. The developer
shall contribute the full cost of the traffic prior to recordation of the final plat of
Phases I-III, with the approved development of 57 dwelling units and 16,636 SF of
nonresidential area. A traffic warrant analysis shall be presented to the City and
AHTD with every phase of the development to determine what improvements are
warranted and will be installed with each phase of the development.
c. At the time of connection with Greenview Drive: Minimum 14' from centerline
street improvements with curb, gutter, 6' sidewalks, and storm drainage on the east
side of Greenview from Mission Boulevard south to Viewpoint Drive.
d. At the time of connection with Greenview Drive, the developer shall construct a
limited right-in, right-out access on Greenview Drive. This shall consist of a
landscaped median, approximately 70 feet in length, that separates north and south
bound traffic, with appropriate improvements on both sides to ensure adequate
access. The landscaped median shall be planted with trees and shrubs to buffer
properties west of Greenview. Final design shall be approved by the City Engineer
and Urban Forester.
2. The applicant shall dedicate right-of-way as follows:
a. City Council determination of a lesser dedication of right-of-way for Mission Blvd.
Mission Boulevard is identified as a principal arterial with a minimum of 55 ' from
centerline right-of-way required to be dedicated to the City with the development of
the property per UDC § 166.05 (C.6). The developer requests a reduction in the
Master Street Plan right-of-way dedication requirements in order to accommodate
existing utilities along Mission Blvd., leaving the existing 40-feet from centerline in
place. The applicant has submitted a formal waiver request along with an exhibit
showing that the full Master Street Plan improvements to Mission Boulevard are
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 2 of 10
possible without the full 55 ' from centerline right-of-way. However, this would
require the greenspace and new sidewalk along Mission Boulevard to be placed under
a pedestrian access easement granting the City full inspection, access, and
maintenance rights for public benefit. The waiver request discusses that the full
right-of-way dedication is difficult because of an existing 16.5 foot easement granted
to Southwestern Bell adjacent to the existing right-of-way that would be required to
be dedicated for a principal arterial. According to the applicant, this easement
contains the largest and most expensive fiber optic line in the State of Arkansas,
contained within a concrete duct run. Moving this line would be very expensive and
could likely be required if the right-of-way is dedicated in its place. Staff
recommends in favor of the waiver request f nding that the information presented by
the applicant sufficiently indicates that Mission Boulevard can be improved to its
Principal Arterial designation along the project frontage with half of a median, two
lanes of traffic, and part of the greenspace within the right-of-way, and that the
remainder ofgreenspace and sidewalk (15 ' total) would be provided within a public
access easement allowing full maintenance rights by the City. These access
easements shall be dedicated at the time offinal plat.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
b. 25 ' from centerline right-of-way dedication along Greenview Drive by the
preliminary plat; variable right-of-way dedication along the internal streets as
depicted on the site plan; rear alleys shall be within a 26' access easement owned and
maintained by the property owner' s association.
3 . Planning Commission determination of a waiver of minimum street design standards:
a. The applicant requests a waiver to allow varied return radius (CRR) as shown on the
plat at all street intersections and driveways when City Code requires a 30' CRR for
streets (UDC § 171 .02(C)). Staffrecommends approval of the CRR waiver requests,
finding that the minimum effective turning radius as depicted in exhibits provided to
staff provides evidence that adverse impacts to traffic and pedestrian safety would
not occur.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
b. The applicant requests a waiver to allow different street cross sections than are
required by the current Master Street Plan standard (UDC § 166.06 (K)(10)(a) and
166.08(C)( 14)). The applicant proposes on-street parallel parking, when the Master
Street Plan does not have a cross-section that allows designated parallel parking in
the design as proposed. In addition, the palette of street widths proposed is not
permitted with the adopted Master Street Plan — there are not Master Street Plan
street cross-sections with the exact width and dimensions proposed.
i. Staff recommends approval of a waiver to construct all street cross sections as
requested (see PZD booklet pages 2-4) finding the variety of street widths will
help in traffic calming and are consistent with the overall TND development
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 3 of 10
philosophy for this project to help encourage pedestrian activity, provided that a
7. 5 ' parking lane is maintained, as measured to the face of curb. Staff will
review detailed construction plans at the time of development.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
ii. Alley cross-section of 12 feet for two-way traffic. Staffrecommendeda minimum
pavement width of 16 feet for two-way traffic and 12 feet for two-way traffic, as
outlined in the Master Street Plan. The applicant has revised the plans,
indicating the 12 foot alley will be one-way; therefore staff supports the alley
cross-sections as noted. The dead-end alleys shall be increased to a minimum of
16 feet of,2avement and shall be designated for two-way traffic.
THE PLANNING COMMISSION APPROVED THIS CONDITION WITH CHANGES AS NOTED.
c. The applicant requests a waiver to allow for retaining walls directly at the back of the
right-of-way line when a minimum of two feet is required per UDC Section
171 .01 (C). Pursuant to city code, a retaining wall is required to be constructed a
minimum of two feet behind the right-of-way. As recommended by the Hillside Best
Management Practices, keeping improvements within more confined areas (reducing
right-of-way, utility easements, etc.) reduces the overall impact on the hillside.
Allowing retaining walls to be designed appropriately closer to the right-of-way
would allow grading and other site improvements to be as limited as possible, thus
decreasing the impact on the site. According to the applicant, no sidewalks or right-
of-way would be impeded by the proposal. Based on staffs review of this proposal,
in the areas proposed for development, no anticipated issues with this request are
foreseen. Staff recommends approval of this request.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
d. The applicant requests to use alternate vertical K values for street and alley designs
on the site rather than those required by the City of Fayetteville Minimum Street
Standards due to the steep inclines creating substantial grading challenges. Staff
recommends approval of this request.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
e. The applicant requests a waiver of the 150 horizontal curve radii required by the City
of Fayetteville Minimum Street Standards due to the steep terrain on the site. Staff
recommends approval of this request.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
f. The applicant request street grades greater than 4% within 100 of an intersection
required by the City of Fayetteville Minimum Street Standards due to the steep
terrain of the site. Staff recommends approval of this request, based on several
meetings to discuss these intersections, finding they will not create a dangerous
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 4 of 10
situation.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
g. Gutter sections. The booklet calls out stand-up curbs, which are in contrast to the
City's street design standards. Staffsupports the requested gutter section, which is in
keeping with a more urban design standard. Similar curbs are utilized on Dickson
Street and in the downtown area. Asphalt is used as the gutter pan, and provides a
wider travel lane section without increasing the overall width of the street.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
4. All private alleys and any sidewalks outside the right-of-way shall be included in a shared
access easement. This access easement shall be included on the final plat.
5. No parallel parking spaces are allowed within 30' of a stop sign (Fayetteville Code of
Ordinance Section 72.03(G)). The site plan has been revised to accommodate this
requirement. The applicant shall coordinate all striping of streets and parallel spaces with the
Transportation Division and Fire Department, as the ultimate administrators of these code
sections.
6. A minimum of 26' clear shall be provided along all alleys to provided adequate room for a
trash truck and arm to pick up residential trash carts.
7. Signs indicating future street extension shall be installed at all street stub-outs.
8. A temporary cul-de-sac or turnaround shall be constructed at the terminus of Street `J' in
accordance with State fire code requirements as it is a dead end greater than 150' in length.
Parking
9. Planning Commission determination of a request to allow fewer than required off-street
parking spaces than allowed by ordinance for Phases 1 -3 of the development, instead
providing an abundance of on-street parking to meet parking ratios. As depicted in Table 3
provided earlier in this report, the applicant proposes to provide 112 off-street parking spaces
when 160 are required, and proposes that the proposed 82 on-street parking spaces
throughout public streets in the development would be able to accommodate the additional
required parking spaces required in Phases 1 -3 . Staff recommends approval of this request,
recognizing that the streets throughout this development, as amended from the City 's Master
Street Plan specifically to provide on-street parking, would provide parallel parking and can
safely satisfy the additional demands for parking not provided off-street as depicted in Table
3. Because of the mixed-use nature of the project, parking demands will peak at different
times, as proven by ITE standards. This will result in a more efficient use of infrastructure
than the typical single-use parking lots that are empty during off-peak hours. Future parking
needs for expansion of any facilities on this property shall be provided in accordance with
the UDC. Staffrecommendation for this is tied to the street width and Solid Waste Division
requirements for adequate access to be provided.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 5 of 10
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
Commercial Design Standards
10. Planning Commission determination of commercial design standards for the commercial
portion of the live/work structures and overall compatibility and transition in the proposed
development. Staff finds in favor of this determination. The building elevations of the
live/work structures and all other structures in this development are well-articulated and
provide for a consistent and overriding theme throughout the development, which transitions
well between the mixed use buildings/flats, townhouses, live-work units, and single-family
detached houses. The zoning criteria and elevations for the residential and non-residential
structures requires buildings to front the street, and small building setbacks help create a
streetscape and facilitate an overall compact and complete development. There is a wide
variety of uses and structures that prevent a visual monotony while maintaining a compatible
architectural design throughout the site. All non-residential uses beingproposed are located
interior to the project, away from existing single family subdivisions.
THE PLANNING COMMISSION FOUND IN FAVOR OF COMMERCIAL DESIGN STANDARDS.
Water and Sewer
11 . Off-site water and sewer improvements shall be installed as necessary to provide domestic
and fire protection to the development.
Phasing
12. Planning Commission determination of the proposed phasing plan. Staff recommends
approval of the phasing as indicated within the submittal. This project is required to obtain
all permits in accordance to the Phasing as listed and depicted in the PZD booklet and noted
below. A one-year extension may be approved by the Planning Commission (subject to the
criteria in UDC Chapter 166 for extensions).
Phase No. Year
Phase 1 2007
Phase 2 2808-2007
Phase 3 2889 2007
Phase 4 24W 2008
Phase 5 2014 2010
Phase 6 2012
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
PHASING HAS BEEN ADJUSTED SLIGHTLY FROM THE PLANNING COMMISSION REVIEW
TO ACCOMMODATE THE DEVLEOPMENT OF PHASES WH ALL IN ONE YEAR AS NOTED
ABOVE AND REQUIRED IN THE AMENDMENTS TO STREET IMPROVEMENTS . STAFF IS IN
SUPPORT OF THIS MODIFICATION.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 6 of 10
Parks
13 . The developer shall contribute money-in-lieu of parkland dedication for all dwelling units
constructed on this property. Fees-in-lieu shall be submitted prior to final plat approval for
subdivisions and prior to building permits for large scale developments. Fees shall be utilized
for the acquisition and development of parkland within the Southeast Parks quadrant.
14. The money-in-lieu requirement for the proposed development at the time of City Council
approval of the PZD is $229,440 with 103 single family units and 192 multi-family units, for
a maximum of 295 dwelling units. The developer is currently requesting approval for phases
1 -3 with 29 single family residential units and 28 multi-family residential units. The money
in lieu requirement for Phases 1 - 3 is $46,880, due prior to final plat recordation.
15. All final contributions of fees-in-lieu of parkland dedication shall be determined based on the
actual density that is constructed on the property.
16. Additionally, the developer shall provide the following public access easements at the time
of development, on the Final Plat:
a. A trail corridor located near the western boundary of the site through the tree
preservation area with the POA retaining ownership. The Developer shall work
closely with the Trails Coordinator and Urban Forester to develop this connection.
b. A public access easement for the Spanish Steps, leading from the Greenspace/Civic
Space north of Street "E" to the Greenspace/Civic Space south of Street "J," as
indicated on the plat.
c. A public access easement for the village green, the larger of the greenspace/civic
spaces proposed in the project.
Tree Preservation Plan
17. Revise the tree preservation fencing and tree canopy numbers along the western most
ingress/egress off of Mission Boulevard. There appears to be some canopy that could be
preserved.
18. Lot 68 located on the east side of the project is unacceptable to the City Engineering Division
for tree preservation/mitigation. With the proximity of the water and sewer line under this
alley, the entire space to the eastern and southern property line must act as an easement. This
change will not allow any canopy to be counted as preserved nor will it allow any of the trees
planted in this area to be counted toward mitigation requirements.
19. Mitigation is required on this site. The applicant has requested and been approved to do a
combination of on-site planting and money in lieu for the total 265 trees. With the
comments of the previous condition, an additional 9 (2) inch caliper mitigation trees will
be required. At the time of Final Plat a total number of on-site trees and money in lieu
will be approved.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 7 of 10
20. At the time of final plat a tree mitigation planting plan will be required for review and
approval by the urban forester. All trees that can be planted before signature of final plat
should be leaving only those on the individual lots to come with the development of the
homes. The remainder of trees that can not fit on the site will be paid into the City's Tree
Escrow Account.
21 . A 3-year bond, letter of credit, or check in the amount of $250 per tree will be required
before signature of final plat to ensure the maintenance and health of the trees planted on-
site. Finding all trees healthy at the end of the 3 years the amount will be returned in full.
Landscape Plan
22. Future lots 2 and 3 will be required to go through large scale development at which time
landscape requirements will be assessed. Landscape requirements for the remainder of the
project (lot 65) will be assessed at time of development plans. Landscaping along the
detention ponds and greenspace area to meet City Codes shall be installed with the
development of those portions of the project.
23 . A landscape plan stamped by a licensed landscape architect is required at time of
construction drawings.
24. Planning Commission determination of a waiver request of UDC § 177.05 (B.3), to utilize
the urban streetscape option with a 9-foot sidewalk width as opposed to the required 10 feet.
Staff recommends approval of this waiver, finding that adequate width is proposed a to
provide accessibility, pedestrian safety and room for the tree to grow.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
Plat and Booklet Revisions
25 . Revise the plat and booklet zoning criteria for all Planning Areas to require the building
setbacks to be a minimum of 10' from all property lines exterior to the PZD boundary line.
General
26. Planning Commission determination of zoning criteria. Staff is supportive of the zoning
criteria presented, with the following exception: staff recommends a minimum building
setback of 10 ' adjacent to any property line exterior to the overall 28. 93-acre PZD boundary
to provide a reasonable level oftransition from adjacent properties. No alley or other form
of development shall occur within 5 ' of a property line without the adjacent property
owner 's consent. The applicant has indicated compliance with this recommendation, though
modifications to the booklet and plat are necessary.
THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION.
27. Large scale development review is required prior to development for Lots 2 and 3 . Lot 65
will be required obtain large scale development and/or subdivision approval prior to
AMENDED CONDITIONS OF APPROVAL:
R-PZD 06-2299
Page 8 of 10
development, pursuant to the process identified in the UDC. A final plat shall be processed
and approved prior to issuance of any building permits.
28. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements. Encroachment of structures or any portion of a structure shall
comply with all applicable Building Codes unless otherwise and specifically approved by the
City Council at the time of development.
29. 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.
30. 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.
31 . 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.
32. 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.
Standard Conditions of Approval
33 . 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).
34. Trash enclosures shall be screened on three sides with materials compatible with the
surrounding structures, with access not visible from the street.
35. All mechanical and utility equipment located on the wall and/or on the ground shall be
screened. All roof-mounted utilities and mechanical equipment shall be screened by
incorporating screening into the structure utilizing materials compatible with the supporting
buildings. Mechanical and utility equipment over 30 inches in height shall meet building
setbacks. Smaller ground-mounted equipment may be screened with tall grasses or shrubs.
Add this note to the site plan and all construction documents.