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HomeMy WebLinkAboutOrdinance 5064 101111111111111111111 Doe Recorded : 011,08,2007006 tT04D , 11:44 Pry Fes Amt : $40 . 00 Pao* 1 of 6 Mashinaton Countv . AR Bette Stamos Circuit Clerk Flle2007_00041883 ORDINANCE NO. 5064 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 07-2649, COLLEGE AVENUE TOWNHOMES, LOCATED SOUTHEAST OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE; CONTAINING APPROXIMATELY 2.34 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 C-2, Thoroughfare Commercial and R-O, Residential Office to R-PZD 07-2649, College Avenue Townhomes, 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. TREq PASSED and APPROVED this 2nd day of October, 2007. APPROV ATTEST: S = ; FAYETT F_V u E By: By: &N641A AG 1� 9yr r P` Jam: DAN COODY, Mayor S NDRA E. SMITH, City Clerk/Treasurer /''s 0�4 i e ' i I, :F. EXHIBIT "B" R-PZD 07-2649 A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N87030'49"W 655.77' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT, RUNNING THENCE S02°01 '46"W 441 .25' TO A FOUND IRON PIN, THENCE N87014'36"W 308.88' TO A FOUND IRON PIN, THENCE N1302112411E 99.99' TO A FOUND IRON PIN, THENCE N26009135"E 216.82' TO A FOUND IRON PIN , THENCE N45011112"E 8.581, THENCE N2604714411E 150.001, THENCE S87030149"E 131 .87' TO THE POINT OF BEGINNING. CONTAINING 2.34 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. AMENDED CONDITIONS OF APPROVAL: R-PZD 07-2649 Page 1 of 3 Following are the conditions of approval determined appropriate and approved by the City Council associated with R-PZD 07-2649 (College Avenue Townhomes) on October 02, 2007: Conditions of Approval: 1 . Planning Commission determination of street improvements. Staff recommends that anew 6 ' sidewalk be constructed to current City standards along Golden Eagle Drive from the east property line to N. College Avenue. Additionally, staffrecommends that sufficient barricades be erected interior to the site as noted on the plat and deemed necessary by the Engineering Department to protect public safety. 2. Planning Commission determination of a waiver to allow a curb radius of 20' on a minor residential street where 30' is required. Staff recommends in favor of the curb radius of 20 ', finding that a 20 ' curb radius on a private street with limited vehicle trips allows for safe and adequate vehicular turning movements for passenger and emergency service vehicles. 3. The main driveway for the development shall be located within an access easement that extends from Golden Eagle Drive to the south property line to permit cross-access to and from future development to the south. Said easement shall be included on the easement plat document. 4. Parks fees are due in the amount of $13,600.00 for 20 multi-family dwelling units prior to building permit approval. 5. As noted on the plat, when the adjacent property to the south develops, the owner/developer of the College Avenue Townhomes property shall relocate the dumpster pad to the west side of the turn around/hammerhead and the eastern part of the turn around shall be converted to parking spaces. The parking spaces and dumpster pad/screen shall be reviewed by City staff prior to construction to ensure adequate access is maintained. 6. Buildings shall be constructed to be consistent with the photos and concepts depicted in the booklet as specified. Building permits will be based upon the submitted materials. 7. The Master Development Plan, Statement ofCommitments 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 — Planned Zoning District by the City Council shall also be binding. 8. Phasing: This project is required to obtain all building permits in accordance with the timeframe for LSD's as outlined in Chapter 166 of the Unified Development Code, which allows a 1 -year time frame in which all building permits must be obtained. A 1 -year extension is possible, subject to the provisions of Chapter166.20. Fire Department Conditions of Approval: 9. The fire apparatus access road into the development shall be provided with approved width and turnaround provisions in accordance with the Arkansas Fire Code D103.4 and Table D103 .4. 10. All buildings shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved driving surface capable of AMENDED CONDITIONS OF APPROVAL: R-PZD 07-2649 Page 2 of 3 supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Arkansas Fire Code D102. 1 . 11 . Turning radii on the islands at the upper most parking area must be constructed to allow fire apparatus to make the turn without the risk of hitting either the garbage bin or parked cars. 12. Each of the residential units shall be fitted with NFPA 13R residential sprinklers. Urban Forester Conditions of Approval: 13. If during construction review process it is determined by the Urban Forester that less than 30% canopy will be preserved, the subject development shall be brought before the Planning Commission for consideration of a major modification. The Urban Forester will make a recommendation based on the revised preservation percentage. 14. The area of preserved canopy in the southeast portion of the site shall be placed within a Tree Preservation Area. The extent of which should follow the proposed tree protection fencing for said portion of the site. The Tree Preservation Area will be deeded with the easement plat and stand as a running covenant to protect the trees in perpetuity. Standard Conditions of Approval: 15. 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). 16. Impact fees for water, sewer, police and fire shall be paid in accordance with City ordinance. 17. 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. 18. Any required trash enclosure shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of-way. 19. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Signs are not allowed to be placed in utility easements. 20. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. Ground mounted equipment separate from the structure may be screened with tall grasses or shrubs. A note shall be clearly placed on the plat and all construction documents indicating this requirement. AMENDED CONDITIONS OF APPROVAL: R-PZD 07-2649 Page 3 of 3 21 . All exterior lights shall be reviewed at the time of building permit submission for compliance with the Outdoor Lighting Ordinance. Manufacturer's cut-sheets are required prior to building permit approval. 22. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 23. Large scale development shall be valid for one calendar year. 24. Prior to building 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. 25 . 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 and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. 26. 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. 27. Impact fees for water, sewer, police, and fire shall be paid in accordance with City ordinance. Added Condition of Approval: 28. As offered by the developer, the foundations of all buildings on the subject property shall be designed by a professional engineer licensed to do so in the State of Arkansas. r n olf- City of Fayetteville Staff Review Form f City Council Agenda Items or Gv o Contracts 18-Sep-07 , p City Council Meeting Date Jeremy Pates Planning Operations Submitted By Division Department Action Required: R-PZD 07-2649: College Avenue Townhomes, 291 : Submitted by Bates & Associates for property located southeast of College Avenue and Golden Eagle Drive containing approximately 2.34 acres. The request is for re-zoning, land use and development approval of an Residential Planned Zoning District with 5 buildings of 4 attached units for a total of 20 dwelling units and associated parking. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Q Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Dir or Date Original Contract Date: n/a Original Contract Number: n/a CityQ ney Q Received in City Clerk's Office ENTERED 1515 Finance and Internal Service Director Date Received in Mayor's Office pig Mayor at, Comments: // 01 1 ' � LAA, —< < is a A i a � 4 2ALi 7 O 10/1/07 City Council Meeting of September 18, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations �( From: Jeremy C. Pate, Director of Current Planning o' Date: August 30, 2007 Subject: Residential Planned Zoning District for College Avenue Townhomes (R-PZD 07-2649) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for College Avenue Townhomes, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a single-use project on approximately 2.34 acres located east of N. College Avenue and south of Golden Eagle Drive (private drive), and is located within the Hillside/Hilltop Overlay District. The proposal is for a residential development consisting of 5 buildings of 4 attached units for a total of 20 multi-family residential dwelling units. BACKGROUND The subject property contains 2.34 acres located east of N. College Avenue and south of Golden Eagle Drive (private drive), and is located within the Hillside/Hilltop Overlay District. The majority of the property is zoned C-2; however, the southeastern portion of the site is zoned R-O. The applicant requests rezoning, land use, and large scale development approval for a residential multi-family development within a unique R-PZD zoning district on the subject property. The proposed zoning would allow for a maximum density of 8.54 units/acre. DISCUSSION On August 27, 2007 the Planning Commission voted 7-0-0 in favor of forwarding this request to the City Council. Discussion included the fact that through several revisions of this project, it now incorporates all comments recommended by staff, including maintaining the minimum 30% canopy preservation, the addition of sprinklers to all buildings for fire suppression, and modified retaining walls to limit land disturbance as much as possible. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 07-2649, COLLEGE AVENUE TOWNHOMES, LOCATED SOUTHEAST OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE; CONTAINING APPROXIMATELY 2.34 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 I : That the zone classification of the following described property is hereby changed as follows: From C-2, Thoroughfare Commercial and R-O, Residential Office to R-PZD 07-2649, College Avenue Townhomes, 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 day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "Alf RPZD07-264 COLLEGE AVENUE TOWNHOMES cue uP wew SUBJECT PROPERTY Overview : 4kt--- m- 9i --.... 0 7a 150 700 450 Wo Feet EXHIBIT "B" R-PZD 07-2649 A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35 , TOWNSHIP 17 NORTH , RANGE 30 WEST , WASHINGTON COUNTY , ARKANSAS , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS , TO-WIT : BEGINNING AT A POINT WHICH IS N87030 ' 49 " W 655 . 77 ' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT , RUNNING THENCE S02001 ' 46 " W 441 . 25 ' TO A FOUND IRON PIN , THENCE N87014 ' 36 " W 308 . 88 ' TO A FOUND IRON PIN , THENCE N13021 ' 24 " E 99 . 99 ' TO A FOUND IRON PIN , THENCE N26009 ' 35 " E 216 . 82 ' TO A FOUND IRON PIN , THENCE N45011 ' 12 " E 8 . 58 ' , THENCE N26047 ' 44 " E 150 . 00 ' , THENCE S87030 ' 49 " E 131 . 87 ' TO THE POINT OF BEGINNING . CONTAINING 2 . 34 ACRES , MORE OR LESS . SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD . CONDITIONS OF APPROVAL: R-PZD 07-2649 Pagel of 3 The Planning Commission and Staff recommend the following conditions of approval associated with R-PZD 07-2649 (College Avenue Townhomes). Conditions of Approval: I . Planning Commission determination of street improvements. Staff recommends that a new 6 ' sidewalk be constructed to current City standards along Golden Eagle Drive from the east property line to N. College Avenue. Additionally, staffrecommends that sufficient barricades be erected interior to the site as noted on the plat and deemed necessary by the Engineering Department to protect public safety. 2. Planning Commission determination of a waiver to allow a curb radius of 20' on a minor residential street where 30' is required. Staff recommends in favor of the curb radius of 20 ', finding that a 20 ' curb radius on a private street with limited vehicle trips allows for safe and adequate vehicular turning movements for passenger and emergency service vehicles. 3. The main driveway for the development shall be located within an access easement that extends from Golden Eagle Drive to the south property line to permit cross-access to and from future development to the south. Said easement shall be included on the easement plat document. 4. Parks fees are due in the amount of $ 13,600.00 for 20 multi-family dwelling units prior to building permit approval. 5 . As noted on the plat, when the adjacent property to the south develops, the owner/developer of the College Avenue Townhomes property shall relocate the dumpster pad to the west side of the tum around/hammerhead and the eastern part of the turn around shall be converted to parking spaces. The parking spaces and dumpster pad/screen shall be reviewed by City staff prior to construction to ensure adequate access is maintained. 6. Buildings shall be constructed to be consistent with the photos and concepts depicted in the booklet as specified. Building permits will be based upon the submitted materials. 7. 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 — Planned Zoning District by the City Council shall also be binding. 8. Phasing: This project is required to obtain all building permits in accordance with the timeframe for LSD's as outlined in Chapter 166 of the Unified Development Code, which allows a 1 -year time frame in which all building permits must be obtained. A 1 -year extension is possible, subject to the provisions of Chapter 166.20. Fire Department Conditions of Approval: 9. The fire apparatus access road into the development shall be provided with approved width and turnaround provisions in accordance with the Arkansas Fire Code D103 .4 and Table D103.4. 10. All buildings shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved driving surface capable of