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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 CONDITIONS OF APPROVAL: R-PZD 07-2649 Page 2 of 3 supporting the imposed toad 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 dearly placed on the plat and all construction documents indicating this requirement. 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. aeevile Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: August X007 Updated August 30, 2007 PC Meeting of August 27, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 R-PZD 07-2649: Planned Zoning District (COLLEGE AVENUE TOWNHOMES, 291): Submitted by BATES & ASSOCIATES for property located SE OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND R -O, RESIDENTIAL OFFICE and contains approximately 2.34 acres. The request is for re -zoning, land use and development approval of an R-PZD, Residential Planned Zoning District with 5 buildings of 4 attached units for a total of 20 dwelling units and associated parking. Planner: Jesse Fulcher Findings: Background: The subject development proposal was heard by the Subdivision Committee on July 12, 2007. The request was tabled by the Subdivision Committee to allow the applicant additional time to work with City staff regarding the tree preservation plan, detention requirements and fire apparatus access. Since the previous review, the applicant has obtained support from the Urban Forester for the tree preservation plan and modified the site plan to address the concerns of the Fire Department. The Subdivision Committee reviewed the project again on August 02, 2007. Due to some outstanding issues regarding the location and design of some of the retaining walls, which would likely result in modifications to the tree preservation plan, staff recommended that the request be tabled until the August 16, 2007 Subdivision Committee meeting. The applicants have resolved the concerns regarding the retaining walls and maintained 30% of the existing tree canopy, which meets the minimum requirements for the subject development. The project was forwarded by the Subdivision Committee on August 16, 2007. The outstanding issues discussed at the previous meetings were resolved. Minutes from the meetings are attached to the staff report. Property Description: 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. Proposal: The applicant requests rezoning, land use, and large scale development approval for a K: IReports120071PC Repons108-27-07IRPZO 07-2649 (College A venue Townhomes).doc 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. The density is based on the requested 20 units on 2.34 acres. 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. Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial C-2, Thoroughfare Commercial South Undeveloped C-2, Thoroughfare Commercial East Undeveloped R -O, Residential Office West Commercial C-2, Thoroughfare Commercial Phasing: The applicant proposes to develop the property in one phase in accordance with the standard timeframe requirements of Chapter 166 of the Unified Development Code. All building permits shall be obtained within one year from the date of City Council approval with a one-year extension available subject to Chapter 166.20 of the Unified Development Code. Water/Sewer: Water and sewer service are available to the property. Access: Access to the proposed development would be from Golden Eagle Drive, which intersects N. College Avenue. Adjacent Master Street Plan Streets: Golden Eagle Drive (Private Street). Street Improvements: Staff is recommending that the existing sidewalk along Golden Eagle Drive be reconstructed to current City standards from the property to N. College Ave. Additionally, staff recommends 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. Tree Preservation: Existing Tree Canopy: 67.9% Tree Canopy Preserved: 30.5% Required Tree Canopy: 30.0% Mitigation: Mitigation is not required. Recommendation: Staff recommends forwarding R-PZD 07-2649 to the City Council with the following conditions of approval: Conditions of Approval: 1. 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, staff recommends 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. 8-16-07 SUBDIVISION COMMITTEE: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE RECOMMENDED STREET IMPROVEMENTS. K: IReports120071PC Reports 108-27-071RPZD 07-2649 (College Avenue Townhomes).doc 8-27-07 PLANNING COMMISSION: THE PLANNING COMMISSION FOUND IN FAVOR OF THE RECOMMENDED STREET IMPROVEMENTS. 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. 8-16-07 SUBDIVISION COMMITTEE: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE REQUESTED WAIVER. 8-27-07 PLANNING COMMISSION: THE PLANNING COMMISSION FOUND IN FAVOR OF THE REQUESTED WAIVER. 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 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 I -year extensions is possible, subject to the provisions of Chapterl66.20. 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 supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Arkansas K:IReportst20071PC ReportsI08-27-071RPZD 07-2649 (College Avenue rownhomes).doc 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. 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. K9Reportsl2007lPC Reports I08-27-071RPZD 07-2649 (College Avenue Townhomes)-doc 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. Additional Conditions: a. b. Planning Commission Action: J Forwarded ❑ Denied ❑ Tabled Motion: Myers Second: Cabe Vote: 7-0-0 Meeting Date: August 27, 2007 Comments: 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: (Reports 120071 PC Reports108-27-071RPZO 07-264Y (College Avenue Townhomes).doc Findings associated with R-PZD 07-2649 (College Avenue Townhomes) 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 City Plan 2025 designates this site as an Urban Center Area. Rezoning this property to R-PZD 07-2649 with multi -family dwelling units is not inconsistent with the land use plan and the surrounding land use. An Urban Center Area is generally described as having the most intense and dense development patterns within the City with a variety of building types and uses. However, given the location of the property within the Hillside/Hilltop Overlay District, staff finds that an intense and dense development pattern would potentially detrimentally affect the hillside and surrounding properties. Additionally, it is appropriate to provide a medium -density residential transition between the thoroughfare commercial uses along College Avenue and the adjoining single-family neighborhood to the east. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be compliant with applicable statutory provisions, or the applicant has submitted requests for waivers thereof. (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 taken to 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, creates a single purpose residential use. Staff fords the proposed use to be appropriate in this transitional area between single-family residences to the east and thoroughfare commercial uses to the west. Additionally, the proposed development utilizes the natural features of the site, including topography and tree canopy, to minimize the visual changes to surrounding properties. As practiced in many areas of the City, transitions in land use between high intensity commercial uses and low intensity single-family uses are often times medium density multi -family residential uses, which is proposed with this project, at 8.54 dwelling K.9Reports120071PC Repons108-27-071RPZD 07-2649 (College Avenue Townhomes).doc units per acre. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The site is generally steep with some flat areas along an existing drive and is located within the HHOD. Development of the land utilizing best management practices within the HHOD should provide a development that is compatible with the natural environment. A minimum of 30% of the existing tree canopy is proposed to be preserved within a tree preservation area. Staff finds the proposed use to be much more compatible with the natural environment than development that could potentially occur with the existing commercial zoning. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: Any additional development in the area will certainly increase the amount of traffic on surrounding streets; however, the overall number of units (20) should not create an appreciable amount of traffic, especially when compared to the same property is developed under the current C-2 zoning. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: A plan and project booklet has been submitted, recognizing the zoning and development criteria required of a Master Development Plan submittal. Typical architectural elevations, materials and design standards are called out, in order to describe the appearance of the project once constructed. (8) Whether any other recognized zoning consideration would be violated in this 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 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. K. IReports120071P(' Reports108-27-071RPZD 07-2649 (College Avenue Townhomes).doc FINDING: A residential use is a significant change from the existing C-2, Thoroughfare Commercial zoning. Staff fords that the proposal herein does incorporate an acceptable level of compatibility, and development features further the health, safety, amenity and welfare of the community. The density and maximum dwelling units have been addressed for the planning area; a greater percentage of open space will be retained in comparison to the requirements under the C-2 zoning district. Traffic movement is achieved via a private street, with access onto N. College Avenue. The proposed development will work with the natural features and topography of the property and place an emphasis on tree preservation, allowing for a project that enhances the area. (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 of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type 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 not required for the residential uses proposed, though much of the southeast of the site will be naturally screened by the tree preservation area. (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 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: A traffic study was not required with this proposed development. Ingress and egress to the project will be provided from Golden Eagle Drive, which intersects N. College Ave. Staff finds that the proposed twenty units will not create or compound a dangerous traffic condition in the area. K: tReports12OO7l PC Reports 108-27-071RPZD 07-2649 (College Avenue Townhomes).doc (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: Parking is to be provided on -site for each residential lot. (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: A new 6' sidewalk is to be constructed from the project to N. College Ave. (7) Street Lights. As required by § 166.03. FINDING: Street lights are to be provided at all intersections and 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 available to each lot and shall be extended in accordance with city codes. (9) Sewer. As required by § 166.03. FINDING: Public sewer lines are available to each lot and shall be 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. (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. K:lRepores120071PC ReponslO8-27-071RPZD 07-2649 (College Avenue Townhomes).doc (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 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 third party 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 o On -Street Parking) Dwelling Units One -Way Two -Way 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. K: IRepores120071PC Reports108-27-071RPZD 07-2649 (College Avenue Townhomes).doc FINDING: All public and private streets/drives shall conform to city standards, which have been indicated in the submitted statement of commitments. Public and Private streets shall not be gated, unless permitted by express approval from the City Council. ( l 1) 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. The applicant shall have one year from City Council approval to obtain all necessary permits to begin construction with a one year extension available pursuant to Chapter 166.20. (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 worked with the Urban Forester to preserve 30% of the existing canopy, which shall be placed within a tree preservation easement. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply 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 applicant has proposed design standards for residential structures; no commercial uses are proposed. (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 are not uncommon for the area. (E) Revocation. (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. K.:IReports120071PC Reports108-27-071RPZD 07-2649 (College Avenue Townhomes).doc (c) 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 a stop work order, or discontinue issuance of building or occupancy permits, or 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 the 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 building permits have been issued shall be treated to be a 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 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. K:1Repor1s120071PC Reports108-27-071RPZD 07-2649 (College Avenue 7ownhomes7.doc (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, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment 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. A condition to this effect is included in the staff report. 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. (3) Harmony. 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. K:lReporu120071PCReporrsIO8-27-071RPZD 07-2649 (College Avenue Townhomes).doc (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: The proposed development incorporates many of the above criteria, as indicated by the transition from commercial land use to multi -family land use; the minimal disruption of existing natural features and amenities; utilization of the site special features, such as geographic location, topography, size and shape; creating a community atmosphere near an arterial street, while providing necessary infrastructure improvements to alleviate any potential impact; and providing a variety of housing types within the same area. Staff finds this proposal meets the intent of many of the parameters of the City Plan 2025, as well as the above criteria, including flexibility in density, common open spaces, and enhancement of existing natural features. (B) Rezoning. Property may be 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 the adoption 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: (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 development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. K:IReports120071PC Reports 108-27-071RPZD 07-2649 (College Avenue Townhomes).doc (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: The proposal is single -use residential development, which is more appropriate for a PZD application in this area than a general multi -family residential rezone. The requested R-PZD provides an effective transition between two different land uses and activities on abutting parcels. By clustering more densely and utilizing some of the best management practices available in the HHOD, the natural features of the site and existing tree canopy can be preserved. (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 established in 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. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. FINDING: All uses are proposed as residential. (F) Bulk and area regulations (I) Residential density. Residential densities shall be determined on the basis of the following considerations: (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 City Plan 2025; (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 developments are quite varied. There is an existing residential single- family subdivision to the east and developed commercial properties to the west. Land to the north and south is zoned C-2 and R -O and is predominantly undeveloped. The density proposed for this development is appropriate given the transitional nature of the development single-family residential and commercial land uses. K: IReporf2OO71PC Reports108-27-Q7IRPZD 07-2649 (College Avenue Townhomes).doc (2) Lot area and setback requirements. Taking into consideration the unique aspects of each project, preliminary development plans 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: The lot area minimums and building setbacks for the proposed development are not inconsistent with the bulk and area requirements of the C-2 zoning district. In compliance with HHOD practices, the buildings have been pushed forward towards the private street access with parking areas located behind the buildings. (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 proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by 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 for multi -story structures. Staff has recommended a maximum height of 50' as measured from the existing natural grade. (4) Building area. The Planning Commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. FINDING: The lot coverage or building area on this project is lower in comparison to a C-2 zoning district, which is appropriate given the location of the property in the HHOD. *Required Findings for Rezoning Request. Land Use Plan: The City Plan 2025 designates this site as an Urban Center Area. Rezoning this property to R-PZD 07-2649, with the associated Master Development Plan, allows the property to be constructed as a residential development. 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 I. 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: The proposed rezoning is consistent with many of the principles and policies in place. The development project creates an internal transition between land uses, while also adding to the existing mixture of land uses and densities in the vicinity. Additionally, the project utilizes many of the best management practices outlined in the City's Hillside/Hilltop Overlay District. These include positioning parking areas behind buildings, utilizing cut slopes with retaining walls to minimize disturbance and separating parking pads. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. K:IReporcc120071PC Reportsl08-27-071RPZD 07-2649 (College Avenue Townhomes).doc Finding: The proposed zoning is needed in order to develop anything other than those uses allowed within the C-2, Thoroughfare Commercial zoning district. The C-2 zoning district does allow for attached and detached residential dwellings as accessory uses to the permitted uses within the C-2 zoning district. The density limitations are governed by Chapter 161.13 (C), RMF-24, Residential Multi - Family, 24 Units per Acre. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger or congestion on surrounding streets given that there are only 20 units proposed. The project will access a private street that intersects N. College Ave., which is a 5 -lane roadway. 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 sewer facilities. Finding: Based on findings from public service providers, as outlined below, an undesirable increase in load on public services would not be created. Engineering: The proposed development has been reviewed for access to public utilities, including water and sewer. Water service is required to be extended to the property. Sewer service is available to the property, although improvements to the sewer systems may be required dependent on the demand placed by subject development. Police: Projects existing in this area already receive police services. The same level of service will be provided to this site as is currently applied to the existing surrounding development. 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. Fire: The subject property is located approximately 2.1 miles from the Fire Station No. 4. Response time to the property is 5.0 minutes. 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 (I) through (4) above why the proposed zoning is not desirable. Finding: N/A K:IReports120071PC Repon t08-27-07IRPZD 07-2649 (College Avenue Townhomes).doc 3yem KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS LANDSCAPE REVIEW FORM PC Meeting of August 27, 2007 To: City of Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: August 2t, 2007 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM #: PZD 07-2649: Planned Zoning District (College Avenue Townhomes) Applicable Requirements: Plan Checklist: Y= submitted by applicant N=requested by City of Fayetteville NA= not applicable N y Irrigation notes either automatic or hose bib y y Species of plant material identified y Size of plant material at time of installation indicated Soil amendments notes include that soil is amended and sod N y removed Mulch notes indicate organic mulching around trees and within N y landscape beds N N Plans stamped by a licensed Landscape Architect NY Planting details according to Fayetteville's Landscape Manual y Y Wheel stops/ curbs Interior landscaping Narrow tree lawn (8' min width, iy min length/ i tree per 12 spaces) Y Y Tree island (8' min. width i tree per 12 spaces) Perimeter landscaping Side and rear property lines (5' landscaped) Shade trees as described in street tree planting standards, Parking lot adjacent to R.O.W.- continuous planting of shrubs -at least 8 per tree- and ground cover -50% evergreen) N Y Greenspace adjacent to street R.O.W. (25' wide) NA NA Large street trees planted every 30' L.F. along R.O.W. 25% of total site area left in greenspace (80% landscape) NA NA Parking lots and outdoor storage screened with landscaping Residential Subdivisions- 1 large species shade tree/ lot tree NA planted within R.O.W. ifpossible Nonresidential Subdivision -1 large species shade tree/3o L.F. N y tree planted within 15-25'greenspace NA Urban Tree Wells -urban streetscape only-lofoot sidewalk Structural Soil -if urban wells are used, a note or detail of structural NA soil must be indicated on the landscape plan NA Timing of planting indicated on plans (subdivisions only) NA Written description of the method for tracking plantings y 1 deciduous or evergreen tree/ 3000 square feet y 4 large shrubs (3 gal) or small trees / 3000 square feet y 6 shrubs or grasses (1 gal) / 3000 square feet N Y Ground cover unless seed or sod is specified N y 50% of facility planted with grass or grass like plants Conditions of Approval: 1. Please consider the location of the parking lot lights as they will have to coincide in some places with required parking lot trees. 2. 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. 3. Under Landscape Regulations Chapter 177, street trees must he 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. 'ettvtlle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of August 27, 2OO7 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: August 21, 2OO7 113W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM #: R-PZD o7-2649: Planned Zoning District (College Ave. Townhomes) Requirements Submitted: Initial Review with the Landscape Administrator T Site Analysis Map Submitted T Site Analysis Written Report Submitted T Complete Tree Preservation Plan Submitted Canopy Measurements: • c, ICi t 11 4 .rltw. _i II 1 t • . • . � K 1� i���li ii {�i�t l,1 _•t .I . 'I.,. 11 FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. This site is a wooded hillside with a mixture of hardwood and evergreen species. A few of the larger trees have been identified as post and black oak. As this is a PZD and found within the Hillside Hilltop Overlay District, a high amount of preservation is expected. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Environmental degradation will occur on this site with the removal and disturbance of so much tree canopy and land. 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. • Adjacent property owners could be affected as canopy will be removed along the east of the property behind businesses and to the north west of the property. The reduction of tree canopy could greatly affect the current stormwater runoff. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • Hillside Hilltop Overlay Best Management Practices are being utilized for the wide of the drives and location of the parking lots. Whether the size or shape of the lot reduces the flexibility of the design. • The size and shape of the lot does not reduce flexibility although topography is very challenging. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The overall health of the trees are found to be good. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • Canopy will be removed within the development area. This will be for the installation of structures, utilities and associated parking. There is a small amount of canopy to the south east and south west that will he attempted to be saved. Staff will recommend this to be placed within a Tree Preservation Area to ensure protection in perpetuity. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • Off -site utility easements were required for this development. The area and canopy removed has been added to the total site area and removed canopy to ensure the preserved canopy calculation subsequent mitigation is accurate. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • There is one drive aisle that does not take into account the steep topography on this site. The utilities are utilizing the disturbed area in all possible locations. Construction requirements for On -Site and Off -Site Alternatives. • Off -site easements are required for utilities on this project. Removed canopy will be mitigation for if the percentage drops below the 30% requirement. Off -site tree protection will also be required to ensure that no further canopy is removed than what was originally approved. The effects of proposed On -Site Mitigation or Off -Site Alternatives. • Mitigation will not be required on this site as long as the minimum percentage stays above the 30% requirement. The effect other chapters of the UDC, and departmental regulations have on the development design. • The Project is within the Hillside Hilltop Overlay District 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 of Approval. Conditions of Approval: i. Mitigation will not be required on this site as the proposed Tree Preservation numbers will stay above the required 30%. If during the construction review process, it is found that less than 30% canopy will be saved; staff will require this project to come back through the review process for approval of a major modification. 2. The area of preserved canopy in the southeast portion of the site will need to be placed within a Tree Preservation Area. The extent should follow the proposed Tree Protection Fencing for that 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. ITYCWttevlle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TO: Jesse Fulcher, Planner FROM: Alison Jumper, Park Planner DATE: August 14, 2007 SUBJECT: Parks & Recreation Subdivision Committee Review Comments 113W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3469 ****************************************************************************** Meeting Date: August 16, 2007 Item: PZD 07-2649 (College Avenue Townhomes, 291) Park District: NE Zoned: R-PZD Billing Name & Address: Broyles Development, 4921 Clear Creek Blvd. Fayetteville, AR 72704 Land Dedication Requirement Money in Lieu Single Family @ .024 acre/ unit =:acres @ $960 per unit = $, Multi Family _@ .017 acre/ unit = !acres _20_@ $680 per unit = $13,600 COMMENTS: Parks and Recreation Advisory Board made a recommendation of accepting money in lieu of land for the park land dedication requirement for this development on June 4, 2007. ■ Fees are due prior to building permits. PZD07--I Fayetteville Fire Department 303 W Center Fayetteville, AR 72701 MEMO To: Jesse Fulcher, Glen Newman From: Dale Riggins, Captain Date: July 6, 2007 Subject: PRZD — College Avenue Townhomes Dear Mr. Fulcher & Mr. Newman In regards to the development off of Golden Eagle Drive that Bates & Associates are proposing; without the following conditions being met, the Fire Department can not support this development. 1. The fire apparatus access road, coming 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. (Needs lobe shown on plat) 2. All buildings shall be accessible to fire department apparatus by way of an approved fire apparatus access roads with an asphalt, concrete, or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. Arkansas Fire Code D102.1 (This is a standard comment and should be met) 3. Turning radiuses, on the islands at the upper most parking lots, must be reviewed and the radius built to allow apparatus to make the turn without the risk of hitting either the garbage bin or parked cars. (Turning radiuses have been modified to our approval) 4. Arkansas Fire Code D103.2 states that fire apparatus access roads shall not exceed 10 percent in grade. After having our apparatus drive comparable grades, it is my opinion that the grade coming up Golden Eagle Drive, and the 15 percent grade coming into the entrance of this development, will greatly affect the response time that it takes to arrive at the townhomes. I have come up with a few feasible solutions that will help with the Fire Departments approval of this development, if the existing grades cannot be modified to meet the Arkansas Fire Code. a. The turning radius entering into this development must be widened to allow apparatus means of maintaining their momentum as they move towards the 15 percent grade leading to the townhomes. (They have modified their turning radiuses to met this requirement on the plat) b. We will need assurances that the entrance into this development, and the access road leading to the upper townhomes, will be constructed to allow our apparatus to come up to these grades without dragging either the front or back bumpers. (They have provided us with a CAD drawing showing us that we are able to maneuver the grade without dragging either the front of rear bumpers) c. Since the grade of Golden Eagle Drive and the development affects our response time, I am recommending that each of the townhomes be fitted with NFPA 13R residential sprinklers. Sprinklers will not only help to control a fire due to our longer response time, but it will help with life safety during times of inclement weather where we may not be able to access the development due to snow, ice, or cars stranded in the roadway. (They have agreed to install these sprinklers and need to show the FDC locations on the plat) Please pass these along to the Sub -Division committee at the upcoming meeting. If all of these recommendations are met and approved by the Fire Marshal's office, then I don't anticipate any problems on having the developer to move forward with this project from the fire safety stand point. Dale Riggins Captain Fayetteville Fire Department CC: Tony Johnson, Fire Chief David Williams, Fire Marshal Date 7/3/07 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed PZD 07-2649: Planned Zoning District (College Avenue Townhomes, 291): Submitted by Bates & Associates for property located SE of College Avenue and Golden Eagle Drive, 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. The property is zoned C-2 and contains approximately 2.34 acres. The request is for re -zoning, land use and development approval of an R-PZD with 5 buildings of 4 attached units for a total of 20 dwellings units and associated parking. It is the opinion of the Fayetteville Police Department that this PZD will not substantially alter the population density and will not create an appreciable or undesirable increase in the load on police services. The PZD will not create an appreciable increase in traffic danger or congestion. Sincerely, Captain William Brown Fayetteville Police Department Bates Assoclates,inc. Civil Engineering & Surveying 3561 No. College / Fayetteville, AR 72703 PH: 479-442-9350 / FAX: 479-521-9350 July 3, 2007 Chairman of the Board of Adjustments 113 West Mountain Fayetteville, AR 72701 RE: Driveway Variance for College Ave. Townhomes Dear Mr. Chair, This letter is to request a variance from the required driveway radius of 25' along a public street. We are asking to decrease the radius from 25' down to 20' due to the terrain and the amount of grading and/or disturbance that would occur from the larger radius. Since we are in the hillside district, we are trying to minimize disturbance. Also, the ordinance states that the 25' driveway radius is along public streets. Golden Eagle drive is not a public street; it is considered a private street with an access easement. Likewise, the streets throughout this project would be considered private streets and would not have to follow the 25' radius. Also, according to Dale Riggins at the Fayetteville Fire Department the 20' radius is adequate for the maneuvering of fire apparatus. If you have any questions or require additional information, please feel free to call. Sincerely, Bate & Associates, Inc. Chris Waller, E.I. Subdivision Committee August 16, 2007 Page 2of14 Old Business: R-PZD 07-2649: (COLLEGE AVENUE TOWNHOMES, 291): Submitted by BATES & ASSOCIATES for property located SE OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.34 acres. The request is for re -zoning, land use and development approval of an R-PZD, Residential Planned Zoning District with 5 buildings of 4 attached units for a total of 20 dwelling units and associated parking. Chris Waller, Applicant, described the last meeting and issues they've resolved. Jesse Fulcher, Current Planner, briefly described the request and the reasons for the previous tabling ofthe item. The applicant had worked with the Urban Forester and the Engineering Department and resolved all outstanding items. Staff was recommending that the request be forwarded to the Planning Commission with a determination of street improvements and a waiver to allow a20' curb radius where 30' is required. Sarah Patterson, Urban Forester, stated that issues with the retaining walls and tree canopy had been resolved, and the applicants were preserving 30% of the existing canopy. If any time the forested area looks like it is going to fall below 30%, the project will be required to come back before the Planning Commission as a major modification. Glenn Newman, Staff Engineer, stated that he had met with the applicant. The applicants have relocated some of the utility easements and retaining walls to meet Engineering requirements. Larry Bittle, (public), owns office buildings below property, is concerned about drainage, but not necessarily against the project. He had two questions: will runoff drain into a detention pond, and is the south side going to run off? He stated he was okay with the project as long as drainage is addressed. Chris Waller, (applicant) stated that project runoff issues so far have met all city requirements. Right now about 3 acres drain down to the property below. With this development, runoff will be caught by the street and drain into storm sewer. The development will help improve the current drainage situation by decreasing the runoff onto property. Commissioner Trumbo stated that by ordinance there can't be any more runoffthan before, and that he has seen this project once before when tree preservation was just below 30%. Preservation has been increased to above 30% and the comments from the Fire Department have been addressed. Commissioner Myers asked how much excavation will be required, and about retaining walls. Waller stated that the buildings are as close to natural grade as possible, and that a lot of the tree canopy and slope will be preserved to the south by the retaining walls. Subdivision Committee August 16, 2007 Page 3 of 14 Commissioner Myres stated that grading and tree removal will inevitably occur, but it seems like the density is low enough to meet the standards. She stated she has no issues with the project. Commissioner Winston stated that the dumpster location will be visible and asked ifthe committee should look into moving that. Waller stated that Fayetteville Solid Waste requested the dumpster be there for access, but that the dumpster will be screened as required by ordinance. No public comment was presented. Motion: Commissioner Myres made a motion to forward the request finding in favor of Conditions #1 and #2, and with all other conditions of approval. Commissioner Winston seconded the motion. Waller stated he was in agreement with all conditions. The motion passed with a vote of 3-0-0. • •1TATiL' 1:[• RPZ°°'-2649 COLLEGE AVENUE TOWNHOMES Future Land Use 01 41/1 4 EVERGREEN Iry _ SUBJECT PROPERTY 4 rh (I n i W 4 ig n'cl � IW R I Overview Legend Subject Property Boundary ---- - ®RPZD07-2649 _ . a _... aming Area o.o�? 0 Streets o O`.erlay Disbid a000ao _ Exis� jOutside City Planned Legend _ 0 75 150 300 450 600 Feet Bates 0 Associates, Inc. Civil Engineering & Surveying 3561 No. College / Fayetteville, AR 72703 PH: 479-442-9350 / FAX: 479-521-9350 PLANNED ZONING DISTRICT BOOKLET FOR College Ave. TownHomes May 23, 2007 Revised: August BBA # 07-059 28, 2007 7t/4 Vo /0/a/e7 on +LWvrd r nJ Summary: This project booklet is for the College Ave. Town homes situated in Fayetteville. The project is located on Golden Eagle Dr., which connects to College Ave. The format for this booklet will follow the outline set by the "Master Development Plan: Planned Zoning District" guidelines. a) Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72704 b) The proposed project is the development of five multi -family buildings with associated parking and drainage control. Each building will consist of four units for a total of 20 units. 5% of the units will be sold as attainable housing. c) General project concept i. Street Lot Layout: This PZD is a multi -building layout with parking as required by the UDC. ii. Site Plan: See site plan. iii. Buffer Area: None. iv. Tree Preservation Area: See site and Tree Preservation plan. v. This project is a small part of a large drainage basin that flows into Scull Creek before eventually discharging into Clear Creek and ultimately into the Arkansas River. The soil type for the drainage basin found in the Natural Resources Conservation Service Soil Survey is Enders -Allegheny complex which belong to Hydrologic Soil Group C. This property is located within Zone X, which are areas determined to be outside of the 500 -year flood plain, as shown on the National Flood Insurance Program's Flood Insurance Rate Map (Map No. 05143C0084 D, July 21, 1999. a) Currently, the runoff from this site is broken into two drainage basins. Approximately 1.6 acres of onsite runoff combines with 0.9 acres of offsite runoff on the southwestern portion of the property and flows off the site to the west and onto the existing properties/businesses that front College Avenue. Approximately 0.5 acres of onsite runoff combines with 2.1 acres of offsite runoff on the eastern portion of the property and flows into an onsite gully before discharging offsite to the northeast. This discharge combines with nearly 2.5 acres of offsite runoff and flows north onto Golden Eagle Drive. From there, this runoff combines with about 0.3 acres of onsite runoff from the north portion of the property before it is captured by an existing inlet along Golden Eagle Drive. The southwestern basin is approximately 2.5 acres in size whereas the northeast basin is approximately 5.4 acres in total size. (See the Pre -Development Drainage Area Map in the drainage report.) b) Once developed, the drainage basins will continue to discharge in the same pattern. About 1.1 acres of the southwestern basin will be captured and routed though a proposed detention pond. This detention pond will discharge into the existing curb inlet along Golden Eagle Drive instead of point -discharging onto the properties to the west. The other 1.5 acres will continue to sheet flow offsite to the west. The east portion of the property will be graded so that it will continue to discharge into the existing gully to the east where it will combine with the 2.5 acres of offsite runoff. This runoff will continue flow onto Golden Eagle Drive where it will combine with 0.2 acres of runoff from the north portion of the property before being captured by an existing inlet. The total peak runoff from each portion of the site will decrease when compared to pre -development flows. (See the Post - Development Drainage Area Maps in the drainage report). vi. Undisturbed Natural Area: Yes, see site plan (labeled open areas) vii. Existing and Proposed Utility Connections and Extensions: A 6" water line is located south east of the property, located in Emerald subdivision phase II, that is maintained by the City of Fayetteville. This water line will be utilized to supply water to the proposed buildings. An existing sanitary sewer system is already on -site and will be utilized to handle the proposed buildings sanitary needs. viii. Development and Architectural Designs Standards: The proposed buildings are designed to have the feel of a inviting home. ix. Building Elevations: Attached. d) Construction to begin in August 2007 and consist of one phase of construction. Timing of construction will follow the standards set forth for large scale developments in the UDC for the City of Fayetteville. e) One Proposed Planning Areas (PA). PA -1 encompasses the entire site. f) PA -1 The PA consists of 5 multi -family buildings with associated parking and drainage control. Each building will be 2 -stories and have 4 units per building. Heated spacer per unit will be 1,035 sqft. Permitted uses will be City wide uses by right (Use Unit 1), Multi- family dwellings (Use Unit 26). Conditional uses will be City wide uses by conditional use (Use Unit 2), Public protection and Utility facilities (Use Unit 3), Cultural and recreational Facilities (Use Unit 4), Government facilities (Use Unit 5), Offices, studios and related services (Use Unit 12), and Professional Offices (Use unit 25) The residential unit density will be 8.5 units per acre. There will be five 2 -story buildings with 4 separate units in each building. Each unit will have 1,035 sqft heated space. Front setbacks will be a 15 ft, side setbacks will be 5 ft, and rear setbacks will be 15 ft. Height restrictions will be 50ft. g) Chart: PA -1 Current Zoning C-2 Proposed Zoning (R-PZD) Requirements Requirements Use Unit 1 - City wide use by right Use Unit 1 - City wide use by right Use Unit 4— Cultural and recreational Facilities Use Unit 26 - Multi -family dwellings Use Unit 12 —Offices, studios and related services Use Unit 13— Eating Places Use Unit 14 — Hotel, motel and amusement Permitted facilities Uses Use Unit 15— Neighborhood shopping goods Use Unit 16 — Shopping goods Use Unit 17 —Trades and services Use Unit 19- Commercial recreation, small sites Use Unit 20 — Commercial recreation, large sites Use Unit 25 — Professional offices Use Unit 33 —Adult live entertainment club or bar Use Unit 34 —Liquor store Use Unit 2 - City wide uses by conditional use Use Unit 2 - City wide uses by conditional use permit permit Use Unit 3 — Public protection and Use Unit 3— Public protection and utility facilities utility facilities Use Unit 4 —Cultural and Recreational facilities Conditional Use Unit 21 — Warehousing and wholesale Uses Use Unit 28 — Center for collecting recyclable Use Unit 5 —Government facilities materials Use Unit 12 —Offices, studios and related services Use Unit 32 — Sexually oriented business Use Unit 35 —Outdoor music establishments Use Unit 25 — Professional offices Use Unit 36 - Wireless communications facilities Density None I Units er acre —8.54 Lot width minimum - 0 ft Bulk and area Lot area minimum Residential - 2.34 AC! regulations None 100,188 Sq Ft Land area er dwellin unit - 2,000 S Ft Front - 50 ft Front - 15ft Setback Requirements Side - None Side when contigous to a residential district — 15 ft Side -S 5 ft Rear - 15 ft Rear— 20 ft Any building which exceeds the height of 20 feet shall be set back from any boundary line of any Height residential district a distance of one foot for each restrictions foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. 50 maximum Height restriction. This distance shall be measured vertically from the existing natural grade On any lot, the area occupied by all building shall On any lot, the area occupied by all Building Area not exceed 60% of the total area of such lot buildings shall not exceed 60% of the total area of such lot h) Open area is to be located on the south portion of the property (see site layout). i) A request for a zoning change to this piece of property is being made because the property is located in the hillside/hilltop district and is currently zoned C-2 and R -O. The request for the R-PZD is so that the hillside/hilltop overlay districts requirements/ recommendations can be applied to the property. j) The surrounding land uses coincide with what the buildings will offer to the public. i. Properties adjacent to the project's western and northern property lines are zoned C-2 and are located along College Ave. Properties adjacent to the project's eastern and southern properties lines are zoned R -O and have homes. ii. The proposed project should have a minor effect on the current traffic conditions. iii. The buildings appearances will be house -like. This is in -line with the surrounding buildings. iv. Signs will follow city sign code for Multi -family zoning districts. k) The project appears to be in compliance with the Fayetteville city Plan 2025. I) No traffic study has been done. The proposed project should have a minor effect on the current traffic conditions. m) City services utilized with this project will include water, sanitary sewer, fire, police and solid waste services. . n) Statement of Commitments i. No dedication is proposed for this project. ii. An offsite water line will be installed to bring water to the property. Construction of the water line will be at the same time as the overall projects construction. All UDC requirements will be meet iii. Trees on site will only be removed due to construction and grading as needed. All other trees will remain intact. iv. n/a v. Fire protection shall be provided by the City of Fayetteville. vi. This project is to be done in one phase and the timing of construction will follow the standards set forth for large scale developments in the UDC for the City of Fayetteville vii. A southern portion of the property will include open space area viii. See building elevations. o) Conceptual Description of Development Standards, Conditions and Review Guidelines i. Landscaping will follow the UDC standards for the City of Fayetteville. ii. Traffic shall be kept to a minimum by only having one entrance/exit. iii. 43 parking spots are proposed. This number is in compliance with the parking ordinance. The parking lot will be designed and constructed in accordance with the standards found in Section 172 of the Unified Development Code. iv. No Perimeter treatment is required. v. 5' Sidewalks are planned for on -site. (see Site & Utility Plan) vi. Street lights will be designed and constructed in accordance with the Unified Development Code. vii. Water lines will be designed and constructed in accordance with the City of Fayetteville. A 6" water line is located south east of the property inside of Emerald Subdivision phase II. viii. Sewer lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An existing sewer main is located on the property that will be utiltized ix. Streets are to remain private. Although, streets and drainage will be designed and constructed in accordance with the Unified Development Code. x. N/A. xi. Tree preservation and Protection will be implemented in accordance with Section 167 of the Unified Development Code. xii. Architectural Design Standards to be similar and followed through out the property xiii. Meet city requirements for RMF-24 xiv, This project will not impede on the views from other properties. xv. The developer understands causes for revocation and will take all the measures necessary to avoid revocation. xvi. A POA will maintain the streets and open areas. p) The proposal fulfills the intent of the PZD ordinance by allowing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. 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N.1F3 Nit ii. 1'!!' } {1� i� 'H'•' � It All I ISV t '� ii ''i� �' ji1E)1' Ii'a Y•a' > ]jet is ,11 ; t;i►1;_ ell {i .11J �1r iivvv p' vevetl I �o€ aaaaa 1 sea asses Cktr1- _L4bs ^ gss:ppe nfl 6 1!! • e = s : 1;1111 1i)E11E 1 .s o 1 .1 a o � :, I I ' 1 I N Sn I'II 1pp �d AA_ " 11 .1 1 I I•��ai FZW� p[1l lllM w I 1(10.5.07) dance Pearman - Ords. 5963, 5964, 5966- 5969 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 10.5.07 11:41 AM Subject: Ords. 5963, 5964, 5966 - 5969 Attachments: 5969 VAC 07-2707 WSIP r-o-w.pdf; 5964 R-PZD 07-2649 College Ave Townhomes.p df; 5966 RZN 07-2691 hays.pdf; 5967 VAC 07-2705 Driver.pdf; 5968 VAC 07-270 6 Hammons.pdf; 5963 R-PZD 07-2576 Woodstock Community.pdf CC: Audit Jeremy: Attached are the above ordinances passed by City Council, October 2, 2007. Please let me know if there is anything needed for these items. Have a good day. Thanks. Clarke 10.11.07 lance Peam,an - Ord. 5063, 5064 and 5066-6069 Page 1 From: aarice Pearman To: Pate, Jeremy Date: 10.11.07 5:22 PM Subject: Ord. 5063, 5064 and 5066-6069 CC: Audit; GIS Jeremy: Attached is a copy of the above ordinances passed by City Council, October 2, 2007. I misnumbered the ordinances and these are corrected numbers. Please replace your ordinance (only) sent earlier. I'm sorry for the inconvenience. Have a good day. Thanks. Clarke Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Kate MacNaughton, do solemnly swear that I am the 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 City of Fayetteville: Ordinance No. 5064 Was inserted in the Regular Editions on: October 15 & 17, 2007 Publication Charge: $100.23 Subscribed and sworn to before me Thisflday of DCL• , 2007. Notary Public My Commission Expires: **N0TE** Please do not pay from Affidavit. Invoice will be sent. _.; *t';. Benton Corm,. waK • My Commission c.:,;: ••. February?G r� ' ^S �• .Jej ci !� 5 ,q R 'i. a,;a: • . #t•'M4. ww:�N`Wl�. O' 1f +^•i .. .w..f a- - S,.. n4La3?, a t�. \� .+ ♦, '