HomeMy WebLinkAboutOrdinance 5063 I��N�II��I�INNIINNNN�INIIINIMNN�NN
Doc ID: 011737050011 Tvoe : REL
Recorded : 11/08/2007 at 04 : 11 : 22 PM
Fee Amt : $85 . 00 Pace 1 o1 11
Vashlnoton Countv . AR
Bette Stamos Circuit Clerk
F11e2007-00041882
ORDINANCE NO. 5063
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 07-2576, WOODSTOCK
COMMUNITY, LOCATED SOUTH OF WEDINGTON DRIVE
FROM 46TH TO BROYLES AVENUE; CONTAINING
APPROXIMATELY 28.90 ACRES; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF FAYETTEVILLE; AND
ADOPTING THE ASSOCIATED MASTER DEVELOPMENT
PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From R-A, Residential-Agricultural to R-PZD 07-2576,
Woodstock Community, 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 2dday of October, 2007.
. 3
APPROV ATTEST: •. FAYETTEVILLE ;
DAN COODY, May SONDRA SMITH, City Clerk/Treasurer °' ,;'VG f 0kA `°�
EXHIBIT "B"
R-PZD 07-2576
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A
POINT WHICH IS S87015'08"E 3.06' FROM THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT SAID POINT BEING ON THE EAST RIGHT-OF-WAY OF BROYLES AVENUE
AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY NO2006'49"E 733 .46', NO2°21 ' 11 "E
511 .99' TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY #16, THENCE
ALONG SAID RIGHT-OF-WAY S87034'33 "E 139.56', N83035124"E 44.551, S8800111211E 87.99',
S67036'50"E 53.26', S87022134"E 27.881, N8200014411E 81 .381, S8701913311E 819.690, S51033'46"E
28.62' TO THE WEST RIGHT-OF-WAY OF NORTH 46TH AVENUE, THENCE ALONG SAID
RIGHT-OF-WAY OF NORTH 46TH AVENUE SOI 052'14"W 575.81 ', THENCE LEAVING SAID
RIGHT-OF-WAY N87° 16'34"W 300.48' TO A SET IRON PIN, THENCE S02030108"W 249.48' TO
A SET IRON PIN, THENCE N87° 16'34"W 332.21 ' TO A SET IRON PIN, THENCE S0203010811W
410.65' TO A SET IRON PIN, THENCE N87° 15'06"W 639.76' TO THE POINT OF BEGINNING.
CONTAINING 28.90 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-
OF-WAY OF RECORD.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 1 of 8
Following are the conditions of approval determined appropriate and approved by the City
Council associated with R-PZD 07-2576 (Woodstock Community) on October 02, 2007:
Streets and Right-of-Way
1 . Street improvements. This property has frontage on three streets: Wedington Drive,
Broyles Avenue, and 46th Street. Wedington is being fully improved along the project
frontage by the Arkansas State Highway Department, Broyles Avenue has recently been fully
improved by the City, and 46th Street is an unimproved two-lane paved street along the
project frontage and continues south until improvements to this street begin with the Cross
Keys Subdivision. Based on the condition of the immediate surrounding street system and
the impact of the amount of traffic generated by 100,390 square feet of non-residential spaces
and 382 dwelling units from this project, staff recommends the following street
improvements as being proportional to the development:
A. The applicant shall contribute half the cost of a traffic signal at
Broyles/Wedington in the amount not to exceed $62,500.00. The delayed
off-site improvement assessment shall be paid proportionally through the first
three phases, prior to issuance of a building permit for each respective phase,
as follows:
( 1 ) Phase I: $20,833.34
Phase II: $209833.34
Phase III: $20,833.34
B. The applicant shall pay for and construct improvements on 46t' Avenue
concurrent with Phase I to include the following:
( 1 ) 28-foot wide street cross section, including curb, gutter, storm drains,
on both sides along the property frontage.
(2) South of the property frontage, 46th Avenue shall be improved to a
24' wide pavement width, with no other improvements
recommended.
C. Street lights and sidewalks shall be installed along all public streets adjacent
to the project boundaries pursuant to City codes.
ADDED CONDITIONS:
D. The applicant shall install a 5-foot sidewalk on one side of 46'h Avenue
from the southern boundary of the subject property to connect to the
existing sidewalk along 46th Avenue, approximately 650 ft. to the south.
The sidewalk shall be constructed within existing right-of-way where
possible. Final location shall be approved by the City Engineer.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 2 of 8
E. The applicant shall install two (2) traffic tables on 46'h Avenue between
Wedington Drive and Persimmon Street. Traffic tables shall meet City of
Fayetteville specifications, and shall be approved by the Engineering
Division.
2. Right-of-way dedication. 55' from centerline along Wedington Drive by warranty deed is
required. 35' from centerline along Broyles Avenue by easement plat; 25 ' from centerline
along 46th Street by easement plat; variable right-of-way dedication along the internal streets
as depicted on the site plan by easement plat; private drives would be under an access
easement owned and maintained by the property owner's association and dedicated by
easement plat.
3. Planning Commission determination of a waiver of minimum street design standards:
a. The applicant requests a waiver to allow a 20' curb return radius (CRR) at all interior
street intersections and driveways when City Code requires a 30' CRR for streets
(UDC Section 171 .02(C)) and 25' CRR for the street intersections with Broyles, a
Collector. Engineering staff has reviewed this request and is in favor of the CRR
waiver requests, finding that adverse impacts to traffic and pedestrian safety would
not occur.
PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (07/23/07)
b. The applicant requests a waiver to allow a different street cross sections than required
by the current Master Street Plan standard (UDC Section 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 parallel parking as proposed. In
addition, the palette of street widths proposed is not allowed under the Master Street
Plan — there are not Master Street Plan street cross-sections with the exact width and
dimensions proposed.
1. Staff recommends in favor of a waiver to construct the street cross sections
as requested (see plat sheet 2 of 16) finding the more narrow street widths
will help in traffic calming and are consistent with the overall TND
development philosophy for this project to help encourage pedestrian
activity. Provided that 7.5 'parking lane is maintained, as measured to the
face of curb, and that all sidewalks to be used by the public be constructed
with a 5 ' minimum width.
PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (07/23/07).
ii. Alley cross-section/private drive aisle width. Staff recommends in favor of
the alley widths as depicted on the revised alley exhibits showingturning
movements on these alleys. The bump outs directly adiacent to the garages
shall be a flat, paved drivinz surface to allow for vehicular movement as
shown on the exhibit.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 3 of 8
PLANNING COMMISSION RECOMMENDED THAT STAFF WORK WITH THE APPLICANT FOR A
RECOMMENDATION TO THE CITY COUNCIL (07/23/07)
THE APPLICANT AND STAFF MET SINCE THE PLANNING COMMISSION MEETTING AND CAME TO AN
AGREEMENT ON THE ALLEY WIDTHS AS DEPICTED ON THE REVISED ALLEY WIDTHS EXHIBITS
ATTACHED TO THIS REPORT (08/14/07).
c. The applicant requests a waiver of the centerline radii required by the City of
Fayetteville Minimum Street Standards due to site constraints. The applicant
proposes a 50' centerline radius on Street Four, where 150' is the minimum. Staff
recommends in favor of this request.
PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (07/23/07)
d. Curb sections. The applicant requests 18" curb on all streets versus a standard 24"
curb, in contrast to the City's street design standards. Staff finds in favor of this
request, agreeing with the applicant 's justification that a narrow curb is acceptable
in a Traditional Neighborhood Development as proposed.
PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (07/23/07)
4. All private drives and 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 easement plat.
5. A minimum of 26' clear of any structure (fence, building, wall, etc.) shall be provided along
all alleys utilizing residential trash service to provided adequate room for a trash truck and
arm to pick up residential trash carts.
6. Signs indicating future street extension shall be installed at all street stub-outs.
Commercial Design Standards
7. Planning Commission determination of commercial design standards for the commercial
portion of the mixed use structures, and the stand-alone commercial structures, and overall
compatibility and transition in the proposed development. Staff finds in favor of this
determination. The building elevations of 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/fats, commercial structures,
townhouses, 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 prevent a visual monotony while
maintaining a compatible architectural design throughout the site.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 4 of 8
PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION BUT REQUIRED THAT THE
APPLICANT SHALL PROVIDE REVISED ELEVATIONS TO CITY COUNCIL TO SHOW GRADING/GARAGE
ENTRIES FROM UNDERNEATH (07/23/07).
REVISED ELEVATIONS HAVE BEEN PROVIDED IN THE BOOKLET TO ADDRESS THE PLANNING
COMMISSION'S COMMENT (08/13/07).
General
8. A preliminary and final plat approval is required prior to development of the single family
portion of this project.
9. All infrastructure necessary to support Phase I of the project, including streets, is required to
be constructed prior to final occupancy permits.
10. 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.
11 . 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.
12. 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.
13. Due to the very 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.
14. Should the detention pond area be approved as part of this project, it shall be formally
incorporated into the property by way of a property line adjustment prior to issuance of
construction permits.
Phasine
15. This project is required to obtain all permits in accordance to the Phasing as listed below. A
one-year extension may be approved by the Planning Commission (subject to the criteria in
UDC Chapter 166 for extensions). The PZD booklet should be revised to reflect this
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 5 of 8
phasing, including an exhibit graphically depicting the limits ofconstruction for each phase.
Phase No. Timeframe for Permits (years) Timeframe for Construction (years)
Phase 1 1 2.5
Phase 2 2 3 .5
Phase 3 3 4.5
Phase 4 4 5.5
Phase 5 5 6.5
Phase 6 6 7.5
Phase ? 7 8
Parks
16. PRAB reviewed this project on March 15, 2007 and made a recommendation of accepting
6.87 acres of park land (the total amount required for the complete development including
the future 54 single family lots) offsite along the south side of Owl Creek commencing at
Broyles Ave. The required park land dedication for the current development request is 5 .57
acres. A deed for the land must be submitted to the city land agents for review and filed at
the County. A copy of the filed deed must be provided to Parks prior to issuance of building
permits.
Landscape and Tree Preservation Plan Conditions
17. Planning Commission determination of a waiver of Unified Development Code Section
177.04(D)(3). Staff fends in favor of the waiver for greenspace. Currently Chapter
177. 04(D)(3) requires street trees to either be planted in a 15 foot greenspace or within an
urban streetscape option utilizing tree grates. The applicant is proposing to plant the trees
within a 7 foot greenspace between the sidewalk and the curb. Staff feels this space is
adequate for tree growth and a superior environment to that found within a sidewalk. This
waiver will meet the intent of the ordinance in supplying a tree lined street to encourage a
walkable environment.
PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (07/23/07).
18. Installation of the sidewalk north of Building H needs to be coordinated with the Urban
Forester and the Sidewalk Administrator to achieve the highest amount of preservation.
19. Mitigation will be required on the site. The applicant has requested and been approved to
utilize the Residential On-site Planting option. Using a combination of low and high priority
trees, 215 (2) inch caliper large species trees will be required for this development.
20. The 215 mitigation trees will be planted at the time of C of O for the building they are
associated with. If all the trees can not be located on the site, outside of utility easements,
money in lieu will be accepted.
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 6 of 8
21 . A 3-year bond, letter of credit, or check will be required before issuance of a final certificate
of occupancy for the buildings in phase I. This should amount to $53,750.
22. The Tree Preservation Calculations do not include canopy removed for the proposed single
family homes. At the time of development approval, this canopy will be assessed for
preservation and subsequent mitigation.
23 . Before construction plan approval, the landscape plan must be stamped by a licensed
landscape architect with the state of Arkansas.
24. Prior to building permit, a cost estimate for all required landscape 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.
25. Under Landscape Regulations Chapter 177, street trees must be bonded for a 3 year period.
This bond is for the maintenance of the trees. This amount must be deposited with the City
before issuance of a final certificate of occupancy.
Plat and Booklet Revisions
26. Plat revisions to be completed prior to Planning Commission:
a. Provide two points in Arkansas State Plane Coordinates on the plat.
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 on three sides with materials compatible with the
surrounding structures, with access not visible from the street. Add this note to the site Dlan
and all construction documents. Elevations shall be submitted to Planning staff for review
and approval prior to building permit.
29. 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.
30. 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
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 7 of 8
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. An on-site inspection by the Landscape Administrator of all tree protection
measures prior to any land disturbance.
b. Final plat for this project that shall include all easements and the tree
preservation area.
C. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety with
the City (letter of credit, bond, escrow) as required by Section 158.01
"Guarantees in Lieu of Installed Improvements" to guarantee all incomplete
improvements. Further, all improvements necessary to serve the site and
protect public safety must be completed, not just guaranteed, prior to the
issuance of a Certificate of Occupancy.
34. The PZD booklet shall be revised to correct reference to on-street narking on page 6 change
note that sidewalk cafes are allowed only by conditional use and eliminate the duplicate text
on alleys on page 32.
ADDED CONDITIONS:
Building Height:
35. Buildings B, E and G that front onto Wedington Drive shall be permitted two maximum
building heights. The northern half of each building shall contain a maximum of three floors,
not to exceed 50 feet in total height. The southern half of each building shall contain a
maximum of four floors, not to exceed 62 feet in total height (see attached diagram labeled 'Amended
Building Height').
36. Building I that fronts onto 46'h Avenue shall be permitted two maximum building heights. The
eastern half of the building shall contain a maximum of three floors, not to exceed 50 feet in
total height. The western half of the building shall contain a maximum of four floors, not to
exceed 62 feet in total height (see attached diagram labeled 'Amended Building Height').
Density;
37. The total number of dwelling units within Planning Area 1 (Mixed Use) shall subsequently be
reduced by 40 units, in accordance with the reduction in budding height of Buildings B, E, G
AMENDED CONDITIONS OF APPROVAL:
R-PZD 07-2576
Page 8 of 8
and I. A maximum of 184 dwelling units shall be permitted within Planning Area 1 , Mixed Use,
which results in a total maximum number of 342 dwelling units on the subject property.
461h Avenue Access:
38. The northern- and southern-most access drives to 461h Avenue shall be constructed as ingress-
only (the drive south of Building J and the drive south of Lot 54).
Stormwater Management Bond;
39. A Performance Guarantee shall be provided for Phases 2-7 of construction in the amount of
100% of the costs for installing the storm water erosion control devices and maintaining said
devices for a period of one year. No grading beyond Phase I shall proceed on the future
phases until the performance guarantee has been submitted and accepted by the City
Engineer.
All conditions shall be reflected accordingly in the PZD booklets and plats and submitted to the
Planning Division for final approval prior to issuance of any construction permits.
0 � b
City of Fayetteville 0/.:� /07
Staff Review Form to
City Council Agenda Items
or
Contracts
4-Sep-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
R-PZD 07-2576: Woodstock Community, 438: Submitted by Appian Center for Design for property located south of
Wedington Drive from 46th to Broyles Avenue containing approximately 28.90 acres. The request is for a Residential Planned
Zoning District for re-zoning and land use approval of an R-PZD, Residential Planned Zoning District with 382 dwelling units
in mixed use, single family, townhome configuration, 100,390 s.f. of commercial space in mixed use and restaurants in addition
to a civic center building and park to be constructed in 7 phases over an 8 year time frame.
$0.00 n/a n/a
Cost of this request Cate o /Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/an/a n/a
F$ -9
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
O� Previous Ordinance or Resolution # n/a
17 ,
ent D Date Original Contract Date: n/a
Original Contract Number. n/a
City A omey
n Received in CityMWE
e
01111
Finance and Internal Service Director Date
Received in Mayors Office
Mayor Date
Comments: I I
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,� O/1 A, ) ��y D7 .
City Council Meeting of September 4, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations � p
From: Jeremy C. Pate, Director of Current Planning d^
Date: August 14, 2007
Subject: Residential Planned Zoning District for Woodstock Community (R-PZD 07-2576)
RECOMMENDATION
The Planning Commission unanimously voted to forward the subject request, recommending
approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Woodstock
Community. This action would establish a unique zoning district for a mixed use development on
a 28.90-acre tract located on the south side of Wedington Drive, between W' Avenue and
Broyles Avenue.
BACKGROUND
The site is zoned R-A, and is generally flat hay pasture with trees along the fence rows. The
property is generally surrounded by single family residences, with some duplexes located
adjacent to the property on the north side of Wedington. The site has direct access to Wedington
Drive (State Highway 16), Broyles Avenue, and 460' Street. Wedington Drive is a Principal
Arterial on the City's Master Street Plan and is state highway that is currently being widened by
the State to a five-lane section adjacent to the property. BrVes Avenue is a Collector Street that
has been improved by the City to a 28-foot wide street. 46 Street is an unimproved local street
adjacent to the property. The request is for rezoning, Preliminary Plat, and partial development
approval for a Master Development Plan of a Residential Planned Zoning District with 382
attached and detached planned dwellings as well as 100,390 square feet of non-
residential/commercial space. Should the PZD be approved as proposed, it would result in
approval of all of the non-residential/commercial space (100,390 square feet). 104 townhouses,
and 224 condominiums at this time. Total density for this project is proposed at 12.96 units per
acre. The single family lots would require a preliminary and final plat approval. 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 July 23, 2007 the Planning Commission voted 8-0-0 in favor of forwarding this request to the
City Council.
BUDGETIMPACT
None.