Loading...
HomeMy WebLinkAboutOrdinance 5145 Doc ID: 012329640010 TVDe: REL Recorded: 06/37/2008 at 11:25:21 AH Fee Amt: 560.00 Paoe 1 of 10 Mashlnaton Countv. AR Bette Stemas Clrcult Clerk F:1.2008-00020020 f ORDINANCE NO.5145 AN ORDINANCE-ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 08.2915, HILL PLACE, LOCATED AT THE SOUTHWEST CORNER OF 6TH STREET AND HILL AVENUE;CONTAINING APPROXIMATELY 27.10 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 zoning classification of the following described property is hereby changed as follows: From R-PZD 04-1307, Aspen Ridge to R-PZD 08-2915, Hill Place,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. RK/TR I'"'6 PASSED and APPROVED this 3rd day of June,2008. G�;•Sy sG'%� APPROVE ATTEST ,v FAYETiEVILLE �� Y� Y: ffANs.. J. DA COODY,May S NDRA E.SMITH,City Clerk/Treasurer`VllvGTt7N "auuwa� j - S - EXHIBIT`B" R-PZD 08-2915 TRACT 1 OF PROPERTY LINE ADJUSTMENT PLAT FILED FOR RECORD AT PLAT 23A- 000132 AT THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY: PART OF THE SOUTH 1/2 OF THE SW 1/4 OF SECTION 16,AND A PART OF THE NORTH 1/2 OF THE NW 1/4 OF SECTION 21, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21;THENCE S87°04'09"E ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 5.92 FEET TO THE POINT OF BEGINNING;THENCE S87°04'09"E 418.49 FEET: THENCE S02049'04"W 514.14 FEET;THENCE N87°04'09"W 424.40 FEET;THENCE S02°49'04"W 204.82 FEET; THENCE S87°04'09"E 139.00 FEET; THENCE S02°48'48"W 293.00 FEET; THENCE N87°05'54"W 183.58 FEET;THENCE S02°48'00"W 181.27 FEET;THENCE S87°04'02"E 84.31 FEET; THENCE S02°40'05"W 79.86 FEET; THENCE S37°07'40"E 39.06 FEET; THENCE S02°40'05"W 15.00 FEET;THENCE N87°18'29"W 65.13 FEET;THENCE S02°40'17"W 13.01 FEET;THENCE N87°13'13"W 222.57 FEET;THENCE NO2°39'07"E 98.08 FEET;THENCE S 8711'50"E 9.25 FEET;THENCE NO2°39'07"E 27.35 FEET TO THE POINT OF CURVATURE OF A 87.50 FEET RADIUS CURVE TO THE RIGHT;THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 66.20 FEET (SAID CURVE HAVING A CHORD BEARING OF N249 9'39"E AND A CHORD DISTANCE OF 64.64 FEET)TO THE POINT OF COMPOUND CURVATURE OF A 24.50 FEET RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.97 FEET(SAID CURVE HAVING A CHORD BEARING OF N36°40'43"E AND A CHORD DISTANCE OF 7.94 FEET) TO A POINT ON A NON-TANGENT 58.50 RADIUS CURVE TO THE RIGHT; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 64.58 FEET(SAID CURVE HAVING A CHORD BEARING OF NO2058'13"E AND A CHORD DISTANCE OF 61.35 FEET); THENCE N38°00'00"W 176.19 FEET;THENCE S24°45'38"W 180.97 FEET TO THE POINT OF CURVATURE OF A 37.50 FEET RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.62 FEET (SAID CURVE HAVING A CHORD BEARING OF S 12°49'31"W AND A CHORD DISTANCE OF 15.51 FEET)TO THE POINT OF TANGENCY;THENCE S00°53'24"W 41.19 FEET TO THE POINT OF CURVATURE OF A 47.50 FEET RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 34.83 FEET (SAID CURVE HAVING A CHORD BEARING OF S21°53'48"W AND A CHORD DISTANCE OF 34.06 FEET)TO THE POINT OF COMPOUND CURVATURE OF A 2.50 FEET RADIUS CURVE TO THE LEFT;THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 5.47 FEET (SAID CURVE HAVING A CHORD BEARING OF S19°49'19"E AND A CHORD DISTANCE OF 4.44 FEET)TO THE POINT OF TANGENCY;THENCE S82°32'50"E 10.50 FEET;THENCE S070271 0"W 27.46 FEET;THENCE N8701 1'50"W 74.95 FEET;THENCEN87°13'26"W 514.88 FEET THE EAST RIGHT-OF-WAY LINE OF THE BURLINGTON-NORTHERN RAILROAD; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD THE FOLLOWING COURSES: N35°29'31"E 52.81 FEET; THENCE N32°17'21"E 103.24 FEET; THENCE N28°25'22"E 103.51 FEET;THENCE N24°16'00"E 103:08 FEET;THENCE N21°19'30"E 102.24 FEET; THENCE N18°44'44:'E 102.31 FEET; THENCE N17°42'23"E 150.90 FEET; THENCE N19°09'44"E 46.21 FEET;THENCE N19°55'12"E 130.59 FEET;THENCE N24°20'10"E 111.27 FEET; THENCE N28°56'24"E 112.03 FEET; THENCE N33°22'01"E 78.14 FEET; THENCE N36°27'09"E 61.08 FEET;THENCE N40'40'51"E 107.01 FEET; THENCE S86°14'53"E 62.45 FEET TO A POINT ON A NON-TANGENT 1381.79 FEET RADIUS CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND CURVE AN ARC DISTANCE OF 397.22 FEET(SAID CURVE HAVING A CHORD BEARING OF N51°13'28"E AND A CHORD DISTANCE OF 395.85 FEET) TO THE SOUTH LINE OF ARKANSAS HIGHWAY 180 (WEST 6TH STREET) PER WARRANTY DEED TO THE CITY OF FAYETTEVILLE RECORDED IN DOCUMENT NO. 2006-9895; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HIGHWAY S88°04'12"E 87.55 FEET; THENCE LEAVING SAID RIGHT-OF WAY S01*44'50"W 143.30 FEET TO THE POINT OF CURVATURE FOR A 315.50 FEET RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 81.06 FEET (SAID CURVE HAVING A CHORD BEARING OF S09°06'25"W AND A CHORD DISTANCE OF 80.83 FEET)TO THE POINT OF TANGENCY;THENCE S 16'28'1"W 8.54 FEET TO THE POINT OF CURVATURE OF A 215.50 FEET RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 40.68 FEET (SAID CURVE HAVING A CHORD BEARING OF S2 1'52'28"W AND A CHORD DISTANCE OF 40.62 FEET)TO THE POINT OF BEGINNING. LESS AND EXCEPT ALL OF THAT SHOWN AS TRACT 3 ON THE PROPERTY LINE ADJUSTMENT PLAT FILED FOR RECORD AT PLAT 23A-000132 AND BEING DESCRIBED IN WARRANTY DEED TO THE CITY OF FAYETTEVILLE RECORDED IN DOCUMENT NO.2006-9894,WITH THE REMAINDER OF TRACT 1 CONTAINING 26.736 ACRES,MORE OR LESS,IN FAYETTEVILLE,ARKANSAS. THE ABOVE DESCRIBED TRACT.BEING SUBJECT TO THE RIGHT-OF-WAY OF ROYAL OAK PARKWAY,WYNSTONE DRIVE,HILL AVENUE,GRACEWOOD DRIVE AND ALL EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD. CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 1 of 6 Conditions of Approval for R-PZD 08-2915(Hill Place) AS AMENDED AND ADOPTED BY THE CITY COUNCIL 03 JUNE 2008 1. Planning Commission determination of street improvements. Staff recommends the following: The applicant shall complete the street improvements required for the Aspen Ridge development. These improvements include the following,some ofwhich are already completed: o Repair the broken pavement on 11 th Street,directly south of the proposed intersection at the comer of 11th and Duncan, as part of the improvements to this street being utilized for primary ingress and egress,to the satisfaction of the Engineering Division. o Continue the existing sidewalk on the north side of 11 th street to connect the proposed sidewalk on Greystone Drive(approximately 20 feet). o Complete the curb and gutter on the south side of 11th street from the bridge west to the constructed curb/gutter.Minimum street width should be 24 feet,face of curb to face of curb(approximately 240 feet in length). o Widen the intersection at Hill Avenue and 6th Street,including a turn lane,the cost of relocating traffic signals and any necessary costs to add a left-turn signal to the existing signal system. o Improve that portion of Hill Avenue adjacent to the subject property where necessary, to conform to City specifications.A six-foot sidewalk is required,at the right-of-way line. o Relocate the sidewalk along 6th Street to transition from the railroad bridge to the Master Street Plan right-of-way line along the frontage of this project. o The applicant shall construct a public trail within the existing platted right-of- way of Brooks Avenue and turning south to connect to 12th Street. o There are still outstanding issues with the pavement and sidewalk at the intersection of Hill and 6`h that were part of the Aspen Ridge project that need to be completed. o Connection of 12`h Street/Brooks Avenue to the site with a Residential Street, with sidewalk on the east side of the street as approved with the Aspen Ridge project. o All drainage improvements,including the box culvert,removal of the sewer line,etc. shall be completed to the satisfaction of the Engineering Division • Add multiple speed tables on Duncan Avenue,and Hill Street,the location and number of which shall be determined by the City Engineer ■ Add bicycle symbol chevrons on Hill Avenue (Heritage Trail designation), per the requirements of the Trails Coordinator. AS AMENDED BY THE CITY COUNCIL 05-20-08 2. Planning Commission determination of a waiver from Fayetteville Unified Development Code Section 166.06(K)(10)(b)to allow two public streets to be connected with a private street. The applicant is proposing a private street connection between Royal Oak Parkway (a new internal public street) and I Ph Street by way of a new vehicular bridge. The applicant's waiver request states that a private connection is justified because traffic from I Ph Street will flow to Hill Avenue to use the traffic signal to access Sixth Street rather than flow into the development for access to Sixth Street.In addition,an analysis ofan alternative design, incorporating a public street with parallel parking,indicates a substantial amount of CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 2 of 6 parking for the dwellings would be removed. At staffs request the applicant submitted this additional information and an exhibit showing an alternative design with the internal private street,Royal Oak Parkway,as a public street with parallel parking spaces,resulting in a net loss of 40 parking spaces. A chart comparing the parking numbers for the development with public and private streets is provided below: Parking Number Comparison:Proposed vs.Public Street Alternative Use Unit Parking Ratio Number of Bedrooms 840 1:1 SF of Community Building 6500 1:500 Baseline Number of Spaces 853 Max Number of Spaces 1,109 Minimum Number of Spaces 597 Current Proposed Number of Spaces 828 Number of Spaces With Public Street 788 Staff finds that while a public street connection of Town Branch Creek can feasibly be constructed,in this case the proposed private connection provides much the same function in allowing a distribution of traffic to and from the site. The drive will be open for public access,and will still provide the parking needed to serve the primarily student population to which the project is targeted, a concern cited by area residents. The proposed connection over the creek provides much improved connectivityfrom the previously approved project, which ended in cul-de-sacs on both sides of the creek. Staff recommends in favor of this waiver request. 3. Planning Commission determination of a waiver from Chapter 170.02 Adopted Drainage Criteria Manual(Section 5.4.3),requiring that the limits of maximum ponding elevations are no closer than 100'horizontal from any building and greater than 2'below the lowest sill or floor elevation of any building. Staff recommends approval of the requested waiver finding that the proposed retention pond will not be a detriment to the residents of the development, and is designed as an amenity to the neighborhood.Additionally,a decorative safetyfence shall be required to be constructed around the wet detention pond,restricting direct access from area residents. 4. Planning Commission determination to allow for a trash enclosure over a utility easement. The applicant proposes a permanent trash enclosure in the southern portion of the site within a utility easement. They state there is not a way to avoid placing the enclosure within an easement.Staff recommends in favor of allowing the trash enclosure with the conditions that: a. The trash enclosure location be noted and labeled on the easement plat for all utility companies to acknowledge and approve prior to the issuance of permits; b. The trash enclosure shall be relocated at the owner/developer's expense if utilities within the easement need to be accessed or maintained. 5. 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 CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 3 of 6 review of the Master Development Plan—Planned Zoning District by the City Council shall also be binding. 6. The buildings within this development shall be constructed to comply with the architectural standards and building elevations presented in the PZD booklets. Elevations of the structures shall be reviewed prior to building permit. 7. The storm water detention and Low Impact Development(LID)techniques(bioswales,rain gardens and depressed parking lot islands)as presented in the PZD shall be constructed as indicated in the plans submitted for PZD approval. 8. The internal sidewalks along internal private streets and parking lots as presented in the PZD shall be constructed as indicated. 9. Should a subdivision of land be desired,all applicable ordinances and processes shall be followed in order to meet city ordinances. 10.Public water and sewer lines and other improvements shall be extended as required by city ordinance at the time of development., 11.All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 12.Future non-residential conditional uses in the zoning criteria shall comply with the minimum standards for development in the Unified Development Code. 13.Phasing: This project is required to obtain all building permits for the entire development within one year of City Council approval, with the opportunity for a one time, one year extension. 14.Signage for this development is subject to the residential multi-family requirements of Fayetteville Unified Development Code Chapter 174. 15.Parkland Dedication: Prior to issuance of a building permit, the applicant shall dedicate approximately 2.0 acres for a City park and 0.36 acre for the Tsa-La-Gi trail through the site, in addition to payment of fees in lieu to meet the remaining parkland dedication requirement, approximately$5,600.In addition,the developer shall construct this multi-use trail to City standards,and will receive credit as agreed upon within the PRAB recommendation. The Aspen Ridge project dedicated 1.21 acres previously,though the deed for this land is still in the name of the property owner. The proposed Hill Place project was reviewed at the December 2007 PRAB meeting and a recommendation was made to accept approximately 0.8 acres of additional parkland, Remaining parkland dedication requirements include payment of S'5.606.25 for remaining fees-in-lieu, and construction of the multi-use trail through the site per City standard construction details for an asphalt trail. 16.The plats and booklets should be revised to address the following items: CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 4 of 6 a. Label the building setback lines on the plats,i.e.,20'BSB. b. Parking spaces must be 19' long unless adjacent to greenspace. There are several places throughout the site where spaces are 17'long and hang over a sidewalk(for example,the 10 parking spaces to the north of Building 16 overhang a sidewalk and are IT). Revise the site plan as needed to address this issue. c. Plats: Parking chart. Change the parking ratio for community building to use the ratio for a private clubhouse, 1 space per 500 SF or 1 per 3 occupants. d. Booklet. Cover sheet. The site plan should be revised to show the correct project boundary and not to include the parcel at the southwest corner of Hill/6's Street in color as it is not a part of this project. Tree Preservation Conditions: 17.The majority of the preserved canopy(approximately 3.38 acres)on this project was placed within a Tree Preservation Area per the previous easement plat.This area shall remain as a dedicated easement with the new easement plat using the Tree Preservation Area signature block for the Urban Forester.The Tree Preservation Area may need to be revised on the new easement plat for this project since the pedestrian bridge has been changed to a vehicular bridge. If this is the case, the boundary revision will require City Council approval. Additionally,the canopy measurements may need to be revised accordingly. 18.It appears that a construction parking and storage area is shown in the 0.78-acre park land dedication area. Please revise the plans;parking and storage are not allowed on the park property during construction. 19.The applicant shall mitigate for the removal of 110,970 SF of tree canopy with on-site mitigation to consist of a minimum of(384) 2-inch caliper trees. The final amount of mitigation will depend on the disturbance of canopy located around the proposed vehicular bridge.Staff s final recommendation for tree mitigation will be subject to final calculations. Additionally,a tree mitigation form must be submitted and approved by the Urban Forester. . 20.All mitigation trees must be planted prior to the issuance of a final certificate of occupancy. A 3-year bond,letter of credit,or check in the amount of$96,000 shall be deposited with the City of Fayetteville before issuance of a certificate of occupancy.The actual amount of the bond shall be based on the final calculations. Landscape Plan Conditions: 21.All parking lots shall be screened with a dense evergreen planting where adjacent to residential uses. 22. 15'of greenspace is required between parking lots and the right-of-way. Show the right-of- way and 15' greenspace buffer lines on the plan. 23.Before construction document approval,the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 5 of 6 Trails Conditions: 24.Tsa-La-Gi trail is identified on the Fayetteville Alternative Transportation and Trail Master Plan through this project. This 12'wide asphalt trail shall be constructed by the developer, to be reimbursed by a park land dedication credit. All expenses on the trail must be itemized separately to qualify for reimbursement. 25.Trail shall be constructed to meet City of Fayetteville and ADA guidelines including a 5% maximum longitudinal slope and 2%maximum cross slope. One location near the small retaining wall west of Hill Ave looks to have a longitudinal slope exceeding 5%. 26.Analyze the existing block wall at this location to insure it was constructed properly to construct the trail behind. Currently it doesn't look stable. 27.Please notify the Trails Coordinator prior to construction for periodic inspections. 28.Hill Avenue is part of the Heritage Trail. Due to this designation,the improved street must include bicycle facilities. Include thermoplastic bike symbol chevrons and share the road signs spaced every 300 feet along the all improved sections of Hill Avenue. Standard Conditions of Approval: 29.All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 30.Trash enclosures shall be screened on three sides 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. 31.All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 32.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). 33.Provide a CD containing the proposed Large Scale Development drawings in AutoCAD or similar digital format. CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 6 of 6 34.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. 35.All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 36.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. f. 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. ADDED CONDITION: 37.The applicant shall provide a guarantee acceptable to the City of Fayetteville prior to issuance of a grading/drainage permit in the amount of 100%of the total cost to install the approved erosion and sediment control plan to ensure the continuation of proper maintenance of the plan. The guarantee shall remain in place until permanent stabilization has been achieved for the site.Once permanent stabilization/revegetation has been achieved and approved by the City of Fayetteville, the guarantee will be released. AS AMENDED BY THE CITY COUNCIL 05-06-08 Washington County,AR I certify this instrument was filed on 06/17/2008 11:25:21 AM and recorded in Real Estate File Number 2008-00020020 Bette St rthps-Circuit Clerk Dy1V' City of Fayetteville 3+�D Staff Review Form 5� City Council Agenda Items or Contracts 6-May-08 p City Council Meeting Date Jeremy Pates Planning Operations' Submitted By Division Department Action Required: R-PZD 08-2915:Planned Zoning District(Hill Place,561): Submitted by Appian Center for Design for property located at the southwest corner of 6th Street and Hill Avenue containing approximately 27.10 acres. The request is for zoning,land use,and large scale development review,and approval for a Master Development Plan of a Residential Planned Zoning District for 288 multi-family dwelling units,a community building 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 Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# n/a Department re- Date Original Contract Date: n/a C Original Contract Number: n/a City Attorney l Receivedin City CI s O i ) Finance and Int e at Seryice Director Date Received in Mayor's Office t Mayor Date 177 4W Mt a6WJ r a a8 ke�� onkl, �%�s� r�aa!�y s/6/oe City Council Meeting of May 6,2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas,Director of Operations �Q From: Jeremy C.Pate,Director of Current Planning 0� Date: April 15,2008 Subject: Commercial Planned Zoning District for Hill Place(C-PZD 08-2915) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for Hill Place, 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 27.10 acres located on the south side of 6'h Street(State Highway 62)and west of Hill Avenue. BACKGROUND This site was most recently designed and approved under the name Aspen Ridge,Residential Planned Zoning District, in January 2005. This approval rezoned the property from RMF-24 to R-PZD 04-1307 (Aspen Ridge), for 220 attached residential units with an overall density of 7.87 units/acre. As part of the Aspen Ridge project 49 mobile homes, 6 single family residences, and several tons of trash, debris, and tires were removed from the property. Much of the street and utility infrastructure for Aspen Ridge has been installed and approved by the City, however, for various reasons, building permits were never obtained for the project and the approval expired. The currently proposed Hill Place project will utilize much of the existing street and utility infrastructure,however, the applicant is requesting virtually all of the existing easements and rights-of-way on the property be abandoned, and new easements and right-of-way dedicated with the Hill Place development. This is in large part due to the new site layout,while retaining as much existing infrastructure as possible. The applicant requests rezoning, land use,and large scale development approval for a single use R-PZD consisting of 288 multi-family dwelling units in 17 three story buildings. DISCUSSION On April 14,2008 the Planning Commission voted 7-0-0 in favor of forwarding this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 08-2915, HILL PLACE, LOCATED AT THE SOUTHWEST CORNER OF 6TH STREET AND HILL AVENUE; CONTAINING APPROXIMATELY 27.10 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 zoning classification of the following described property is hereby changed as follows: From R-PZD 04-1307, Aspen Ridge to R-PZD 08-2915, Hill Place, 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 , 2008. APPROVED: ATTEST: By: In DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "B" R-PZD 08-2915 TRACT 1 OF PROPERTY LINE ADJUSTMENT PLAT FILED FOR RECORD AT PLAT 23A-000132 AT THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY: PART OF THE SOUTH 1/2 OF THE SW 1/4 OF SECTION 16, AND A PART OF THE NORTH 1/2 OF THE NW 1/4 OF SECTION 21, T -16-N, R -30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE S87°04'09"E ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 5.92 FEET TO THE POINT OF BEGINNING; THENCE S87°04'09"E 418.49 FEET: THENCE S02°49'04"W 514.14 FEET; THENCE N87°04'09"W 424.40 FEET; THENCE S02°49'04"W 204.82 FEET; THENCE S87°04'09"E 139.00 FEET; THENCE S02°48'48"W 293.00 FEET; THENCE N87°05'54"W 183.58 FEET; THENCE S02°48'00"W 181.27 FEET; THENCE S87°04'02"E 84.31 FEET; THENCE S02°40'05"W 79.86 FEET; THENCE S37°07'40"E 39.06 FEET; THENCE S02°40'05"W 15.00 FEET; THENCE N87°1 8'29"W 65.13 FEET; THENCE S02°40'17"W 13.01 FEET; THENCE N87°13'13W 222.57 FEET; THENCE N02°39'07"E 98.08 FEET; THENCE S 87°1 I'50" E 9.25 FEET; THENCE N02°39'07"E 27.35 FEET TO THE POINT OF CURVATURE OF A 87.50 FEET RADIUS CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 66.20 FEET (SAID CURVE HAVING A CHORD BEARING OF N24°19'39"E AND A CHORD DISTANCE OF 64.64 FEET) TO THE POINT OF COMPOUND CURVATURE OF A 24.50 FEET RADIUS CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 7.97 FEET (SAID CURVE HAVING A CHORD BEARING OF N36°40'43"E AND A CHORD DISTANCE OF 7.94 FEET) TO A POINT ON A NON - TANGENT 58.50 RADIUS CURVE TO THE RIGHT; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 64.58 FEET (SAID CURVE HAVING A CHORD BEARING OF N02°58'13"E AND A CHORD DISTANCE OF 61.35 FEET); THENCE N38°00'00"W 176.19 FEET; THENCE S24°45'38"W 180.97 FEET TO THE POINT OF CURVATURE OF A 37.50 FEET RADIUS CURVE TO THE LEFT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.62 FEET (SAID CURVE HAVING A CHORD BEARING OF S12°49'31"W AND A CHORD DISTANCE OF 15.51 FEET) TO THE POINT OF TANGENCY; THENCE S00°53'24"W 41.19 FEET TO THE POINT OF CURVATURE OF A 47.50 FEET RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 34.83 FEET (SAID CURVE HAVING A CHORD BEARING OF S2 I °53'48"W AND A CHORD DISTANCE OF 34.06 FEET) TO THE POINT OF COMPOUND CURVATURE OF A 2.50 FEET RADIUS CURVE TO THE LEFT; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 5.47 FEET (SAID CURVE HAVING A CHORD BEARING OF S19°49'19"E AND A CHORD DISTANCE OF 4.44 FEET) TO THE POINT OF TANGENCY; THENCE S82°32'50"E 10.50 FEET; THENCE S07°27'10W 27.46 FEET; THENCE N87°I1'50"W 74.95 FEET; THENCE N87°I3'26"W 514.88 FEET THE EAST RIGHT-OF-WAY LINE OF THE BURLINGTON -NORTHERN RAILROAD; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD THE FOLLOWING COURSES: N35°29'31 "E 52.81 FEET; THENCE N32°17'21 "E 103.24 FEET; THENCE N28°25'22"E 103.51 FEET; THENCE N24°16'00"E 103.08 FEET; THENCE N21°19'30"E 102.24 FEET; THENCE N18°4444"E 102.31 FEET; THENCE N17°42'23"E 150.90 FEET; THENCE N19°09'44"E 46.21 FEET; THENCE N19°5512"E 130.59 FEET; THENCE N24°20'10E 111.27 FEET; THENCE N28°56'24"E 112.03 FEET; THENCE N33°22'01 "E 78.14 FEET; THENCE N36°27'09"E 61.08 FEET; THENCE N40°40'51 "E 107.01 FEET; THENCE S86° I 4'53"E 62.45 FEET TO A POINT ON A NON -TANGENT 1381.79 FEET RADIUS CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND CURVE AN ARC DISTANCE OF 397.22 FEET (SAID CURVE HAVING A CHORD BEARING OF N51 °13'28"E AND A CHORD DISTANCE OF 395.85 FEET) TO THE SOUTH LINE OF ARKANSAS HIGHWAY 180 (WEST 6TH STREET) PER WARRANTY DEED TO THE CITY OF FAYETTEVILLE RECORDED IN DOCUMENT NO. 2006-9895; THENCE ALONG THE SOUTH RIGHT-OF- WAY LINE OF SAID HIGHWAY 588°04'l 2"E 87.55 FEET; THENCE LEAVING SAID RIGHT -OF WAY S0l°44'50"W 143.30 FEET TO THE POINT OF CURVATURE FOR A 315.50 FEET RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 81.06 FEET (SAID CURVE HAVING A CHORD BEARING OF S09°06'25"W AND A CHORD DISTANCE OF 80.83 FEET) TO THE POINT OF TANGENCY; THENCE SI6°28'1 "W 8.54 FEET TO THE POINT OF CURVATURE OF A 215.50 FEET RADIUS CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 40.68 FEET (SAID CURVE HAVING A CHORD BEARING OF S21°5228"W AND A CHORD DISTANCE OF 40.62 FEET) TO THE POINT OF BEGINNING. LESS AND EXCEPT ALL OF THAT SHOWN AS TRACT 3 ON THE PROPERTY LINE ADJUSTMENT PLAT FILED FOR RECORD AT PLAT 23A-000132 AND BEING DESCRIBED IN WARRANTY DEED TO THE CITY OF FAYETTEVILLE RECORDED IN DOCUMENT NO. 2006-9894, WITH THE REMAINDER OF TRACT I CONTAINING 26.736 ACRES, MORE OR LESS, IN FAYETTEVILLE, ARKANSAS. THE ABOVE DESCRIBED TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF ROYAL OAK PARKWAY, WYNSTONE DRIVE, HILL AVENUE, GRACEWOOD DRIVE AND ALL EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD. CONDITIONS OF APPROVAL: C-PZD 08-2915 Page 1 of 6 Staff and the Planning Commission recommend the following conditions of approval associated with C-PZD 08-2915 (Hill Place). Conditions of Approval: 4 Planning Commission determination of street improvements. Staff recommends the following: The applicant shall complete the street improvements required for the Aspen Ridge development. These improvements include the following, some of which are already completed: o Repair the broken pavement on 11th Street, directly south of the proposed intersection at the comer of 11th and Duncan, as part of the improvements to this street being utilized for primary ingress and egress, to the satisfaction of the Engineering Division. o Continue the existing sidewalk on the north side of 11th street to connect the proposed sidewalk on Greystone Drive (approximately 20 feet). o Complete the curb and gutter on the south side of 11th street from the bridge west to the constructed curb/gutter. Minimum street width should be 24 feet, face of curb to face of curb (approximately 240 feet in length). o Widen the intersection at Hill Avenue and 6th Street, including a turn lane, the cost of relocating traffic signals and any necessary costs to add a left -turn signal to the existing signal system. o Improve that portion of Hill Avenue adjacent to the subject property where necessary, to conform to City specifications. A six-foot sidewalk is required, at the right-of-way line. o Relocate the sidewalk along 6th Street to transition from the railroad bridge to the Master Street Plan right-of-way line along the frontage of this project. o Construct a secondary means of access to Phase 11; The applicant proposes to construct a 24 -foot wide public street within existing platted right-of-way ofBrooks Avenue and turning south to connect to 12th Street. o There are still outstanding issues with the pavement and sidewalk at the intersection of Hill and 6`h that were part of the Aspen Ridge project that need to be completed. o Connection of 12°i Street/Brooks Avenue to the site with a Residential Street, with sidewalk on the east side of the street as approved with the Aspen Ridge project. o All drainage improvements, including the box culvert, removal of the sewer line, etc. shall be completed to the satisfaction of the Engineering Division Add multiple speed tables on Duncan Avenue, and Hill Street, the location and number of which shall be determined by the City Engineer Add bicycle symbol chevrons on Hill Avenue (Heritage Trail designation), per the requirements of the Trails Coordinator. 2. Planning Commission determination of a waiver from Fayetteville Unified Development Code Section 166.06(K)(10)(b) to allow two public streets to be connected with a private street. The applicant is proposing a private street connection between Royal Oak Parkway (a new internal public street) and 11't' Street by way of a new vehicular bridge. The applicant s waiver request states that a p ivate connection is justified because traf fic from 11'r' Street will/low to hill Avenue to use the traffic signal to access Sixth Street rather than flow into the development for access to Sixth Street. In addition, an analysis ofan alternative CONDITIONS OF APPROVAL: C-PZD 08-2915 Page 2 of 6 design, incorporating a public street with parallel parking, indicates a substantial amount of parking for the dwellings would be removed. At staff's request the applicant submitted this additional information and an exhibit showing an alternative design with the internal private street, Royal Oak Parkway, as a public street with parallel parking spaces, resulting in a net loss of 40 parking spaces. A chart comparing the parking numbers for the development with public and private streets is provided below: Parkins Number Comparison: Proposed vs. Public Street Alternative Use Unit Parking Ratio Number of Bedrooms 840 1:1 SF of Community Building 6500 1:500 Baseline Number of Spaces 853 Max Number of Spaces 1,109 Minimum Number of Spaces 597 Current Proposed Number of Spaces 828 Number of Spaces With Public Street 788 Staff finds that while a public street connection of Town Branch Creek can feasibly be constructed, in this case the proposed private connection provides much the samefunction in allowing a distribution of traffic to and from the site. The drive will be open for public access, and will still provide the parking needed to serve the primarily student population to which the project is targeted, a concern cited by area residents. The proposed connection over the creek provides much improved connectivity from the previously approved project, which ended in cul-de-sacs on both sides of the creek. Staff recommends in favor of this waiver request. Planning Commission determination of a waiver from Chapter 170.02 Adopted Drainage Criteria Manual (Section 5.4.3), requiring that the limits ofmaximum ponding elevations are no closer than 100' horizontal from any building and greater than 2' below the lowest sill or floor elevation of any building. Staffrecommends approval of the requested waiverfinding that the proposed retention pond will not be a detriment to the residents ofthe development, and is designed as an amenity to the neighborhood. Additionally, a decorative safety fence shall be required to be constructed around the wet detention pond, restricting direct access from area residents. 4. Planning Commission determination to allow for a trash enclosure over a utility easement. The applicant proposes a permanent trash enclosure in the southern portion ofthe site within a utility easement. They state there is not a way to avoid placing the enclosure within an easement. Staff recommends in favor- of allowing the trash enclosure with the conditions that: a.' The trash enclosure location be noted and labeled on the easement plat for all utility companies to acknowledge and approve prior to the issuance of permits,; b. The trash enclosure shall be relocated at the owner/developer's expense if utilities within the easement need to be accessed or maintained. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning ofthe property. CONDITIONS OF APPROVAL: C-PZD 08-2915 Page 3 of 6 Conditions of approval as noted herein and .other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 6. The buildings within this development shall be constructed to comply with the architectural standards and building elevations presented in the PZD booklets. Elevations of the structures shall be reviewed prior to building permit. 7. The storm water detention and Low Impact Development (LID) techniques (bioswales, rain gardens and depressed parking lot islands) as presented in the PZD shall be constructed as indicated in the plans submitted for PZD approval. 8. The internal sidewalks along internal private streets and parking lots as presented in the PZD shall be constructed as indicated. 9. Should a subdivision of land be desired, all applicable ordinances and processes shall be followed in order to meet city ordinances. 10. Public water and sewer lines and other improvements shall be extended as required by city ordinance at the time of development. II. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 12. Future non-residential conditional uses in the zoning criteria shall comply with the minimum standards for development in the Unified Development Code. 13. Phasing: This project is required to obtain all building permits for the entire development within one year of City Council approval, with the opportunity for a one time, one year extension. 14. Signage for this development is subject to the residential multi -family requirements of Fayetteville Unified Development Code Chapter 174. 15. Parkland Dedication: Prior to issuance of a building permit, the applicant shall dedicate approximately 2.0 acres for a City park and 0.36 acre for the Tsa-La-Gi trail through the site, in addition to payment of fees in lieu to meet the remaining parkland dedication requirement, approximately $5,600. In addition, the developer shall construct this multi -use trail to City standards, and will receive credit as agreed upon within the PRAB recommendation. The Aspen Ridge project dedicated 1.21 acres previously, though the deed for this land is still in the name of the property owner. The proposed Hill Place project was reviewed at the December 2007 PRAB meeting and a recommendation was made to accept approximately 0.8 acres of additional parkland, Remaining parkland dedication requirements include payment of $5,606.25 for remaining fees -in -lieu, and construction of the multi -use trail through the site per City standard construction details for an asphalt trail. CONDITIONS OF APPROVAL: C-PZD 08-2915 Page 4 of 6 16. The plats and booklets should be revised to address the following items: a. Label the building setback lines on the plats, i.e., 20' BSB. b. Parking spaces must be 19' long unless adjacent to greenspace. There are several places throughout the site where spaces are 17' long and hang over a sidewalk (for example, the 10 parking spaces to the north of Building 16 overhang a sidewalk and are 17'). Revise the site plan as needed to address this issue. c. Plats: Parking chart. Change the parking ratio for community building to use the ratio for a private clubhouse, I space per 500 SF or I per 3 occupants. d. Booklet. Cover sheet. The site plan should be revised to show the correct project boundary and not to include the parcel at the southwest corner of Hill/6°i Street in color as it is not a part of this project. Tree Preservation Conditions: 17. The majority of the preserved canopy (approximately 3.38 acres) on this project was placed within a Tree Preservation Area per the previous easement plat. This area shall remain as a dedicated easement with the new easement plat using the Tree Preservation Area signature block for the Urban Forester. The Tree Preservation Area may need to be revised on the new easement plat for this project since the pedestrian bridge has been changed to a vehicular bridge. If this is the case, the boundary revision will require City Council approval. Additionally, the canopy measurements may need to be revised accordingly. 18. It appears that a construction parking and storage area is shown in the 0.78 -acre park land dedication area. Please revise the plans; parking and storage are not allowed on the park property during construction. 19. The applicant shall mitigate for the removal of 110,970 SF of tree canopy with on -site mitigation to consist of a minimum of (384) 2 -inch caliper trees. The final amount of mitigation will depend on the disturbance of canopy located around the proposed vehicular bridge. Staff's final recommendation for tree mitigation will be subject to final calculations. Additionally, a tree mitigation form must be submitted and approved by the Urban Forester. 20. All mitigation trees must be planted prior to the issuance of a final certificate of occupancy. A 3 -year bond, letter of credit, or check in the amount of$96,000 shall be deposited with the City of Fayetteville before issuance of a certificate of occupancy. The actual amount of the bond shall be based on the final calculations. Landscape Plan Conditions: 21. All parking lots shall be screened with a dense evergreen planting where adjacent to residential uses. 22. 15' of greenspace is required between parking lots and the right-of-way. Show the right-of- way and 15' greenspace buffer lines on the plan. 23. Before construction document approval, the landscape plan must be stamped by a Landscape CONDITIONS OF APPROVAL: C-PZD 08-2915 Page 5 of 6 Architect licensed within the state of Arkansas. Trails Conditions: 24. Tsa-La-Gi trail is identified on the Fayetteville Alternative Transportation and Trail Master Plan through this project. This 12' wide asphalt trail shall be constructed by the developer, to be reimbursed by a park land dedication credit. All expenses on the trail must be itemized separately to qualify for reimbursement. 25. Trail shall be constructed to meet City of Fayetteville and ADA guidelines including a 5% maximum longitudinal slope and 2% maximum cross slope. One location near the small retaining wall west of Hill Ave looks to have a longitudinal slope exceeding 5%. 26. Analyze the existing block wall at this location to insure it was constructed properly to construct the trail behind. Currently it doesn't look stable. 27. Please notify the Trails Coordinator prior to construction for periodic inspections. 28. Hill Avenue is part of the Heritage Trail. Due to this designation, the improved street must include bicycle facilities. Include thermoplastic bike symbol chevrons and share the road signs spaced every 300 feet along the all improved sections of Hill Avenue. Standard Conditions of Approval: 29. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground -mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 30. Trash enclosures shall be screened on three sides 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. 31. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 32. 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). 33. Provide a CD containing the proposed Large Scale Development drawings in AutoCAD or similar digital format. CONDITIONS OF APPROVAL: C-PZD 08-2915 Page 6 of 6 34. 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. 35. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 36. 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. f. 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. Ta'y`etriPC Meeting April ]4, 2008 S THE CITY OF FAYETTEVILLE. ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: April -9r2008 Updated April 15, 2008 R-PZD 08-2915: (HILL PLACE, 561): Submitted by APPIAN CENTER FOR DESIGN for property located at THE SW CORNER OF THE 6TH STREET AND HILL AVENUE INTERSECTION. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT (ASPEN RIDGE) and contains approximately 27.10 acres. The request is for zoning, land use, and large scale development approval for a Residential Planned Zoning District with 288 multi -family dwelling units, a community building and associated parking. Planner: Andrew Garner BACKGROUND: Property Description and History: The subject property contains approximately 27.10 acres located in south Fayetteville, on the south side of 6" Street (State Highway 62), west of Hill Avenue, east of the Arkansas -Missouri railroad, with Town Branch Creek traversing southeast - northwest through the site. The site has been disturbed and developed over the years, but retains some substantial natural resources associated with Town Branch Creek, wetlands, and significant areas of tree canopy and vegetation. The property abuts a major highway arterial, is adjacent to the University of Arkansas and a variety of other uses, including single-family, multi -family, industrial and commercial properties. This site was most recently designed and approved under the name Aspen Ridge, Residential Planned Zoning District, in January 2005. This approval rezoned the property from RMF-24 to R-PZD 04-1307 (Aspen Ridge). The Aspen Ridge project was approved for 220 attached residential units with an overall density of 7.87 units/acre. As part of the Aspen Ridge project 49 mobile homes, 6 single family residences, and several tons of trash, debris, and tires were removed from the property. Much of the street and utility infrastructure for Aspen Ridge has been installed and approved by the City, however, for various reasons, building permits were never obtained for the project and the approval expired. The currently proposed Hill Place project will utilize much of the existing street and utility infrastructure, however, the applicant is requesting virtually all of the existing casements and rights -of -way on the property be abandoned, and new easements and right-of-way dedicated with the Hill Place development. This is in large part due to the new site layout, while retaining as much existing infrastructure as K:I Reporrs120081PC Repots107-April 141R-PZD 118-2915 (Hill PlareJ.doc possible. The surrounding zoning and land uses are listed in Table 1. Table 1 Surrounding Land Use/Zoning Direction from Site Land Use Zoning North I 61fl Street (Highway 62)— busy arterial RMF-40; RMF-24 South Pinnacle Foods; Single Family Residential 1-2; RMF-24 East I Single -Family Residential; Coors plant; Brenda's Burgers RMF-24; I-1 West Arkansas -Missouri Railroad RMF-24 Proposal and Prof ect Description: The applicant requests rezoning, land use, and large scale development approval for a single use project within a unique R-PZD zoning district on the subject property. The project would utilize much of the existing street, water, sewer and storm water and infrastructure from the previous Aspen Ridge project with some minor changes, and develop a total of 288 residential units in 17 three-story buildings, and a community building and pool in the northern portion of the site. A large tree preservation area would be retained along the Town Branch Creek riparian corridor. In addition, this development would dedicate approximately 2 acres of land in the southern portion of the site for a new City park, and 0.35 acres for a public multi -use trail corridor. The main access point would be off of 6'h Street, with secondary access points off of Hill Street, I 1 h1 Street, and 12`h Street. Interior public streets off of these access points would transition to private drives intothe parking lots for the new apartment buildings. Vehicular connectivity would be provided, over the Town Branch Creek with a new vehicular/pedestrian bridge through the site. Vehicular connectivity is proposed to the north, east, and south, with the existing railroad corridor providing a barrier to the west. The Tsa-La-Gi Trail identified on the Fayetteville Trails Master Plan map will ultimately extend east -west through this site along an old railroad corridor. and continue under the Arkansas -Missouri railroad to the west, providing a pedestrian connection to businesses along 6`h Street, the University of Arkansas, and the greater trail system throughout the city. 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. Parks and Recreation Advisory Board (PRAB): The Aspen Ridge project dedicated approximately 1.211 acres of parkland to the City in 2005, including a park and trail corridor. The proposed Hill Place project was reviewed at the December 2007 PRAB meeting and a recommendation was made to accept approximately 0.8 acres of additional parkland for a total of 2 acres, 0.36 acre for the Tsa-La-Gi trail through the site, installation of the trail at a cost of approximately $54,163, and payment of fees in lieu (approximately $5,600) to meet the remaining parkland'' dedication requirement. Phasing: The applicant proposes that all building permits for all buildings in the development be obtained within one year from City Council approval, with the opportunity for a one-time, one year extension pursuant to Chapter 166 of the Unified Development Code. K:IReports1200SV'C Reports 07-dpril 141R-PZI) 08-29/5 Will Place).doc i Water & Sewer: Water and sewer lines would be required to serve the development. Adjacent Master Street Plan Streets: 6'IStreet (Principal Arterial); Hill Avenue, 11°i Street, Duncan Avenue (Collector), Brooks Avenue Street Improvements: Staff recommends the following: Complete the street improvements required for the Aspen Ridge development. These improvements included the following, some of which are already completed: o Repailr the broken pavement on 11th Street, directly south of the proposed intersection at the comer of 11th and Duncan, as part of the improvements to this street I being utilized for primary ingress and egress, to the satisfaction of the Engineering Division. o Continue the existing sidewalk on the north side of 11th street to connect the proposed sidewalk on Greystone Drive (approximately 20 feet). o Compete the curb and gutter on the south side of 11th street from the bridge west to theIconstructed curb/gutter. Minimum street width should be 24 feet, face of curb to face of curb (approximately 240 feet in length). o Widen the intersection at Hill Avenue and 6th Street, including a turn lane, the cost of relocating traffic signals and any necessary costs to add a left -turn signal to the existing signal system. o Improve that portion of Hill Avenue adjacent to the subject property where necessary, to conform to City specifications. A six-foot sidewalk is required, at the right-of-way line. o Relocate the sidewalk along 6th Street to transition from the railroad bridge to the Master Street Plan right-of-way line along the frontage of this project. o Construct a secondary means of access to Phase II; The applicant proposes to construct a 24 -foot wide public street within existing platted right-of-way of Brooks Avenue and turning south to connect to 12th Street. o There are still outstanding issues with the pavement and sidewalk at the intersection of Hill and 6`h that were part of the Aspen Ridge project that need to be completed. o Connection of 12°i Street/Brooks Avenue to the site with a Residential Street, with sidewalk on the east side of the street as approved with the Aspen Ridge project. o All drainage improvements, including the box culvert, removal of the sewer line, etc. shall be completed to the satisfaction of the Engineering Division • Add multiple speed tables on Duncan Avenue, and Hill Street, the location and number of which shall be determined by the City Engineer • Add bicycle symbol chevrons on Hill Avenue (Heritage Trail designation), per the requirements of the Trails Coordinator. Tree Preservation: Existing Canopy: 56.7% Preserved Canopy: 15.1% Required Canopy: 25.0% Mitigation Required: 384 two-inch caliper trees. K:lReporrs12OO8lPC Reporvsll07-April 141R-PZD 08-2915 (Hill Ploce).doc 1'ublic Comment: Several people from the neighborhood discussed concerns with this development at the April 3, 2008 Subdivision Committee meeting. Some of the issues discussed by the neighbors at that meeting included drainage, flooding, and environmental issues associated with the previous development that has been abandoned, concerns that this development does not comply with City Plan 2025, and concerns that student housing is different than owner -occupied condominiums and not appropriate in this lI area. The minutes from the Subdivision Committee meeting are attached to this report. Residents in the surrounding neighborhoods were very vocal and active in the approval process of the Aspen Ridge project, voicing concerns with drainage and flooding associated with Town Branch Creek, and the impact of development on natural resources in the area, and discussing concerns with increased traffic, among other issues. Some neighbors have discussed the Hill Place project with Planning staff voicing similar concerns as during the Aspen Ridge project. Staff Recommendation: Based on a review of the PZD proposal for Hill Place, staff finds that while the urban form of the development pattern could be improved upon, the project meets a majority of thel City's adopted goals and policies, while salvaging already constructed infrastructure from'an abandoned project. Particularly, the project is cited in close proximity to readily available infrastructure, commercial goods and services, the University, and achieves the goal of providing an infill project with an appropriate density. Several environmental and physical constraints are associated with this particular site, and the applicants have worked to address these as best as possible. Staff recommends forwarding R-PZD 08-2915 to the City Council with a recoumnendation of approval, with the following conditions: Conditions of Approval: I. Planning CI mmission determination of street improvements. Staff recommends the following: The applicant shall complete the street improvements required for the Aspen Ridge development. These improvements include the following, some of which are already completed: o Repair the broken pavement on 11th Street, directly south of the proposed intersection at the corner of 11th and Duncan, as part of the improvements to this street jbeing utilized for primary ingress and egress, to the satisfaction of the Engineering Division. o Continue the existing sidewalk on the north side of 11th street to connect the proposed sidewalk on Greystone Drive (approximately 20 feet). o Complete the curb and gutter on the south side of 11th street from the bridge west to the constructed curb/gutter. Minimum street width should be 24 feet, face of curb to face of curb (approximately 240 feet in length). o Widen the intersection at Hill Avenue and 6th Street, including a turn lane, the cost of relocating traffic signals and any necessary costs to add a left -turn signal to the existing signal system. K: kR,port,k200SlPC R,.porul07-April 1418-PZD 08-2915 (Hill Plnce).doc o Improve that portion of Hill Avenue adjacent to the subject property where necessary, to conform to City specifications. A six-foot sidewalk is required, at the right-of-way line. o Relocate the sidewalk along 6th Street to transition from the railroad bridge to the Master Street Plan right-of-way line along the frontage of this project. o Construct a secondary means of access to Phase II; The applicant proposes to construct a 24 -foot wide public street within existing platted right-of-way of Brooks Avenue and turning south to connect to 12th Street. o Thereare still outstanding issues with the pavement and sidewalk at the intersection of Hill and 6`h that were part of the Aspen Ridge project that need to be completed. o Connection of 12°i Street/Brooks Avenue to the site with a Residential Street, with sidewalk on the east side of the street as approved with the Aspen Ridge project. o All drainage improvements, including the box culvert, removal of the sewer line, etc. shall be completed to the satisfaction of the Engineering Division Add multiple speed tables on Duncan Avenue, and Hill Street, the location and number of which shall be determined by the City Engineer • Add bicycle symbol chevrons on Hill Avenue (Heritage Trail designation), per the requirements of the Trails Coordinator. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (04/14/08). 2. Planning Commission determination of a waiver from Fayetteville Unified Development Code Section 166.06(K)(10)(b) to allow two public streets to be connected with a private street. The applicant is proposing a private street connection between Royal Oak Parkway (anew internal public street) and 11't' Street by way of a new vehicular bridge. The applicant's waiver request states that a private connection is justified because traffic from IPt' Street will flow to Hill Avenue to use the traffic signal to access Sixth Street rather thanifow into the development for access to Sixth Street. In addition, an analysis of an alternative design, incorporating a public street with parallel parking, indicates a substantial amount of parking for the dwellings would be removed. At staff's request the applicant submitted this additional information and an exhibit showing an alternative design with the internal private street, Royal Oak Parkway, as a public street with parallel pa king spaces, resulting in a net loss of 40 parking spaces. A chart comparing the parking numbers for the development with public and private streets is provided below: Parkins Number Comparison: Proposed vs. Public Street Alternative Use Unit Parking Ratio Number of Bedrooms 840 1:1 SF of Community Building 6500 1:500 Baseline Number of Spaces 853 Max Number of Spaces 1,109 Minimum Number of Spaces 597 Current Proposed Number of Spaces 828 Number of Spaces With Public Street 788 K:IRepon. 20081PC Rporul07-Apri1141R-P7D.08-2915 (Hill Place).do, Staff finds that while a public street connection of Town Branch Creek can. feasibly be constructed, in this case the proposed private connection provides much the same function in allowing a distribution of traffic to and from the site. The drive will be open for public access, and will still provide the parking needed to serve the primarily student population to which the project is targeted, a concern cited by area residents. The proposed connection over the creek provides much improved connectivity from the previously approved project, which ended in cul-de-sacs on both sides of the creek. Staff recommends in favor of this waiver request. I PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (04/14/08). 3. Planning Commission determination of a waiver from Chapter 170.02 Adopted Drainage Criteria Manual (Section 5.4.3), requiring that the limits of maximum ponding elevations are no closer than 100' horizontal from any building and greater than 2' below the lowest sill or floor elevation of any building. Staff recommends approval of the requested waiver finding that the proposed retention pond will not be a detriment to the residents of the development, and is designed as an amenity to the neighborhood. Additionally, a decorative safety fence shall be required to be constructed around the wet detention pond, restricting direct access from area residents. I PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (04/14/08). 4. Planning Commission determination to allow for a trash enclosure over a utility easement. The applicant proposes a permanent trash enclosure in the southern portion of the site within a utility easement. They state there is not a way to avoid placing the enclosure within an easement. Staff recommends in. favor of allowing the trash enclosure with the conditions that: a. The) trash enclosure location be noted and labeled on the easement plat for all utility companies to acknowledge and approve prior to the issuance ofpermils; b. The I trash enclosure shall be relocated at the owner/developer's expense if utilities within the easement need to be accessed or maintained. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (04/14/08). 5. The Master) Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 6. The buildi I gs within this development shall be constructed to comply with the architectural standards and building elevations presented in the PZD booklets. Elevations of the structures shall be reviewed prior to building permit. 7. The storm water detention and Low Impact Development (LID) techniques (bioswales, rain garderis and depressed parking lot islands) as presented in the PZD shall be K:WRporn11008111C Rpo-eO7-Apnf /41R -1'7D 08-2915 (Hill I'I ).doe constructed as indicated in the plans submitted for PZD approval. 8. The internal sidewalks along internal private streets and parking lots as presented in the PZD shall be constructed as indicated. 9. Should a subdivision of land be desired, all applicable ordinances and processes shall be followed in order to meet city ordinances. I � 10. Public water and sewer lines and other improvements shall be extended as required by city ordinance at the time of development. 11. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 12. Future non-residential conditional uses in the zoning criteria shall comply with the minimum standards for development in the Unified Development Code. 1 13. Phasing: This project is required to obtain all building permits for the entire development within one year of City Council approval, with the opportunity for a one time, one year extension. 14. Signage for this development is subject to the residential multi -family requirements of Fayetteville' Unified Development Code Chapter 174. 15. Parkland Dedication: Prior to issuance of a building permit, the applicant shall dedicate approximately 2.0 acres for a City park and 0.36 acre for the Tsa-La-Gi trail through the site, in addition to payment of fees in lieu to meet the remaining parkland dedication requirement, approximately $5,600. In addition, the developer shall construct this multi- use trail tolCity standards, and will receive credit as agreed upon within the PRAB recommendation. The Aspen Ridge project dedicated 1.21 acres previously, though the deed for this land is still in the name of the property owner. The proposed Hill Place project was1reviewed at the December 2007 PRAB meeting and a recommendation was made to accept approximately 0.8 acres of additional parkland, Remaining parkland dedication requirements include payment of $5,606.25 for remaining fees -in -lieu, and construction of the multi -use trail through the site per City standard construction details for an asphalt trail. 16. The plats and booklets should be revised to address the following items: a. Label the building setback lines on the plats, i.e., 20' BSB. b. Parking spaces must be 19' long unless adjacent to greenspace. There are several places throughout the site where spaces are 17' long and hang over a sidewalk (for 'example, the 10 parking spaces to the north of Building 16 overhang a sidewalk and are 17'). Revise the site plan as needed to address this issue. c. Plats: Parking chart. Change the parking ratio for community building to use the ratio�for a private clubhouse, I space per 500 SF or I per 3 occupants. d. Booklet. Cover sheet. The site plan should be revised to show the correct project K: IReports120081PC Relmrts107-April 141R-PZD 08-2915 (Hill Place).doc boundary and not to include the parcel at the southwest corner of Hill/6'h Street in color as it is not a part of this project Tree Preservation Conditions: 17. The majority of the preserved canopy (approximately 3.38 acres) on this project was placed within a Tree Preservation Area per the previous easement plat. This area shall remain as a dedicated easement with the new easement plat using the Tree Preservation Area signature block for the Urban Forester. The Tree Preservation Area may need to be revised on the new easement plat for this project since the pedestrian bridge has been changed to a vehicular bridge. If this is the case, the boundary revision will require City Council approval. Additionally, the canopy measurements may need to be revised accordingly. 18. It appears that a construction parking and storage area is shown in the 0.78 -acre park land dedication area. Please revise the plans; parking and storage are not allowed on the park property during construction. 19. The applicant shall mitigate for the removal of 110,970 SF of tree canopy with on -site mitigation to consist of a minimum of (384) 2 -inch caliper trees. The final amount of mitigation will depend on the disturbance of canopy located around the proposed vehicular bridge. Staffs final recommendation for tree mitigation will be subject to final calculations. Additionally, a tree mitigation form must be submitted and approved by the Urban Forester. 20. All mitigation trees must be planted prior to the issuance of a final certificate of occupancy. A 3 -year bond, letter of credit, or check in the amount of $96,000 shall be deposited with the City of Fayetteville before issuance of a certificate of occupancy. The actual amount of the bond shall be based on the final calculations. Landscape Plan Conditions: 21. All parking lots shall be screened with a dense evergreen planting where adjacent to residential uses. 22. 15' of greenspace is required between parking lots and the right-of-way. Show the right- of-way and 15' greenspace buffer lines on the plan. 23. Before construction document approval, the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. Trails Conditions: 24. Tsa-La-Gi trail is identified on the Fayetteville Alternative Transportation and Trail Master Plan through this project. This 12' wide asphalt trail shall be constructed by the developer, to be reimbursed by a park land dedication credit. All expenses on the trail K:IRgorts17008U'C Repan.007.April 141R-PZD 08-2915 (Hill P1ace).d .c must be itemized separately to qualify for reimbursement. 25. Trail shall be constructed to meet City of Fayetteville and ADA guidelines including a 5% maximum longitudinal slope and 2% maximum cross slope. One location near the small retaining wall west of Hill Ave looks to have a longitudinal slope exceeding 5%. 26. Analyze the existing block wall at this location to insure it was constructed properly to construct the trail behind. Currently it doesn't look stable. 27. Please notify the Trails Coordinator prior to construction for periodic inspections. 28. Hill Avenue is part of the Heritage Trail. Due to this designation, the improved street must include bicycle facilities. Include thermoplastic bike symbol chevrons and share the road signs spaced every 300 feet along the all improved sections of Hill Avenue. Standard Conditions of Approval: 29. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground -mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 30. Trash enclosures shall be screened on three sides 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. 31. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 32. 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). 33. Provide a CD containing the proposed Large Scale Development drawings in AutoCAD or similar digital format. 34. 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. KaReports120081PCReportsl07-April IQIR-PZD 08-2915 (Hill Pk).do 35. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 36. 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 c. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. 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. Additional conditions: 37. 38. Planning Commission Action: [1 Tabled X Forwarded to C.C. Motion: Lack Second: Cabe Vote: 7-0-0 Meeting Date: April 14, 2008 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 Date K:IRrpor1s120081PC Rrporrs107-April 141R-PZD 08-2915 (1dill P1nrr).doc Findings associated with MDP R-PZD 08-2915 (Hill Place) 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, and is largely in compliance with City Plan 2025. Goal 1 of City Plan 2025 is to "...make appropriate infill and revitalization our highest priorities." The Hill Place project is infill as this site is in central south Fayetteville and is entirely surrounded by developed property. This site is a brownfield site as it has been a historic dumping site for trash and debris over the years. The property has been utilized in the past for a number of single family residences and mobile homes. The most recent Aspen Ridge project cleaned up the previous trash, debris, and removed the old residences, but was stalled in the middle of construction. This has left the site in a state of environmental degradation with exposed dirt, rock, and construction fill that have eroded into the nearby stream and potentially exacerbated a problematic drainage and flooding problem in the neighborhood. This Hill Place project would not only provide 288 residential units in an infill situation in central Fayetteville, it would revitalize a property that has become an eyesore and environmental problem over the years. By providing a medium density project at :10.6 units per acre (288 units on 27.10 acres) in central Fayetteville, the Hill Place project will comply with Goal 2 of City Plan 2025 to `...discourage suburban sprawl." If these units were not built in the core of the City, the market might demand their development on the periphery of the City, resulting in a suburban sprawl development pattern. Though several are met, this project does not comply with all aspects of Goal 3 of City Plan 2025, "We will make traditional town form the standard." This is a single -use apartment/student housing development over the entire 27.10 -acre site. Due to this property being located at the corner of an arterial (6"' Street) and a collector (Hill Street), there is opportunity for non-residential services and development to be mixed into the site, although the hvo-acre parcel right on the corner of Hill/6'h Street is not being developed at this time, and has been discussed previously for a commercial use. The Hill Place project places 17 three-story apartment buildings over the 27.10 acres resulting in a typical apartment complex feel, although there are some variations in the footprint and facade colors of the buildings. In addition, there are several environmental and physical K: k Re,ports110081PC Reports107-April 141R-P7D 08-2915 (Hill Place).doc constraints, including Town Branch Creek and the presence of the railroad to the west, that create design challenges. The project does provide for meaningful open spaces and will dedicate land for a neighborhood park and trail, and will preserve natural features around the Town Branch Creek that will contribute to the character of the development and neighborhood as a whole. The overall proposed density and multi -family residential use is appropriate in this location, as the site has historically been zoned for multi -family use, and helps to complete the larger neighborhood unit. This project does provide a good level of vehicular and pedestrian connectivity to the north, east, and south, and the multi -use trail through the site will encourage east -west pedestrian activity. Sited near bus routes and the University, the project takes advantage of existing infrastructure in place and provides the opportunity for residents to bike or walk to work/school. The dedication and construction of the trail, the preservation of tree canopy along Town Branch Creek and the expansion of the park, which is adjacent to a protected wetland area, helps to meet Goal 5, "We will assemble an enduring green network" And finally, the provision of a multi -family development as the neighborhood transitions from commercial along the busy arterial Highway 16 to more traditional single family development to the south, provides a wider array of housing opportunities to "create attainable housing", which is Goal 6 of City Plan 2025. (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. (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. It is anticipated that this development will help improve the existing drainage and local flooding problem in the area. ' (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, would allow multi -family residential uses in 17 three-story apartment buildings over the 27.10 acres. The north, west, and much of the south boundaries of the site are isolated by a busy arterial street, a railway corridor, and industrial use. There are portions of the east and southern boundaries of the site that transition to a single family residential neighborhood. The portions of this development that border the single family neighborhood are proposed to be planted with a vegetated evergreen buffer and provide an expanded park area. This K.IReportsl2008lPC Repmul07-April 141R-PZD 08-2915 (Hill Plnce).doc development is largely compatible with the surrounding land uses, particularly as a transition from the busy arterial to the north to the more traditional single family neighborhood to the south. There is also opportunity for higher density and non-residential uses in the northern and eastern portions of the site at a busy signalized intersection of a state highway (6t Street) and Hill Street. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: As discussed in Finding No. 1, this development would halt the environmental degradation of this property. This development would utilize a majority of the existing street and utility infrastructure on the site to minimize additional grading and disturbance of the land. The development preserves approximately 3.73 acres of riparian corridor and wetlands along Town Branch Creek, and also proposes Low Impact Development (LID) stormwater techniques. The LID features in this project include rain gardens, bioswales, and parking lot infiltration islands, among other techniques, to help remove pollutants from the stormwater before it leaves the site. It should be noted that this level of stormwater pretreatment is not required by any ordinance or law and is a commitment of this project. As part of compliance with the City Tree Preservation Ordinance, several hundred mitigation trees would be planted which will revegetate the site and contribute to the urban forest and natural corridors. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: The intended land use, residential, will impact the existing traffic conditions; although the existing street infrastructure will be adequate with final completion of the street improvements associated with the previous Aspen Ridge project. In addition to completing the street improvements from the Aspen Ridge project, this development will place speed bumps along Hill Avenue/Duncan Avenue to prevent speeding, and will paint bicycle chevron symbols on Hill Avenue as part of the Heritage Trail link. In addition, the student residents within the development will have the opportunity to walk or bike to class or work, given the proximity to campus. With these improvements traffic congestion or burden on the existing road network will not occur. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: The booklet and master development plans submitted provide for said unified development control. (8) Whether any other recognized zoning consideration would be violated in this PZD. FINDING: No other zoning considerations are proposed to be violated. (B) Development standards, conditions and review guidelines K:IReports12008V'C X ports)07-Apr/t 141R-PZD 08-2915 (Hill Place).doc (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. FINDING: The proposed Hill Place PZD provides for needed residential infill development and revitalization in an area in the vicinity of the University of Arkansas campus, and in an area with a mix of commercial, industrial, railway, and single- and multi -family residential land uses. This development achieves a relatively high level of compatibility with adjoining properties and enhances the surrounding neighborhood by preserving a large riparian corridor along Town Branch Creek and by dedicating land for a neighborhood park and trail. This development will result in an overall improvement on the property that was halfway under construction before the previous project was halted almost two years ago and the property left in disrepair. Access and circulation into this development provides for four connections to surrounding public streets, and provides a vehicular bridge over Town Branch Creek interior to the site for connectivity through the site. The new public trail being constructed with this project will provide for an east west multi -modal linkage parallel and off of the main arterial (6" Street). The proposed moderate density of 10.6 units per acre is appropriate in this setting surrounded by a mixture of land uses. Landscaping, tree preservation and overall public amenities and cleaning up the site further the health, safety, amenity, and welfare of the community as a whole and enhance this neighborhood. (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 and landscaping will be required for any parking areas adjacent to public streets, and dense evergreen plantings are required when adjacent to offsite residential uses. The landscape plan incorporates such standard requirements as one tree K:I Repora120081l'C Reporls107-April 141k-PZD 08-2915 (Hill Place) doc every 30 feet along public and private street frontage, and parking lot shade trees. (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: Exterior access into the site will be provided in four locations: 61h Street, Hill Avenue, 111h Street, and 1211i Street/Brooks Avenue. The internal street system consists of public streets that transition into private streets and parking lot drive aisles internal to the site. The internal and external street system provides good connectivity and logical movement through the site, without any dead end streets. The relatively narrow width and looping configuration of the streets/drive aisles provides for safety and convenience for those living in and those traveling through this site. Sidewalks are located along streets and parking lots throughout the development to encourage safe pedestrian activity. The applicant is requesting a waiver of the Fayetteville Unified Development Code to allow for two public streetsto be connected with a private street. It would be desirable to have at least one continuous public street connection through the site to improve public street connectivity in the area. The current site plan configuration does not allow for a public street due to the large amount of surface parking that must be provided throughout the site to support the 288 multi -family units in 17 three-story buildings. A modification to the site plan to provide a public street, while retaining the same number of units and parking spaces, would require substantial modifications to the building location and potentially to the building footprint. For example, some of the three-story buildings may need to be increased in height, and/or some of the larger buildings separated into smaller buildings. K:IRepons120081PC Reports107-April 141R-P7J) 08-2915 (Hill Placel.doc Another option would be to have the first floor of the buildings be parking, and the building height increased to four stories, though these are significant design changes. Staff is supportive of the applicant's proposed option, finding that it provides increased connectivity within the neighborhood while retaining the needed parking for the project. (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 will be provided in large surface parking lots. Some of the parking stalls will be placed under covered parking. All parking ratios have been met and reviewed in detail as part of the large scale development. (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. As discussed under previous findings buffer screening will be provided between any parking lots and adjacent residential property. (6) Sidewalks. As required by § 166.03. FINDING: Public sidewalks have been constructed adjacent to the project Hill Avenue and internal to the internal public streets. In addition, this project proposes sidewalk throughout the development along the parking lots to provide for safe pedestrian connectivity. These internal private sidewalks are being provided as part of the commitments with this PZD. A 12 -foot wide multi -use trail is also being constructed east - west through this development along an old railroad corridor. (7) Street Lights. As required by §166.03. FINDING: Street lights are to be provided adjacent to all public streets and at intersections at a separation of no greater than 300 feet. (8) Water. As required by § 166.03. FINDING: Public water lines are being extended in accordance with city codes. (9) Sewer. As required by § 166.03. FINDING: Public sewer lines are being extended in accordance with city codes. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. K. Repom12008V'C Repons 07 -April 14tR-PZD 08-2915 (fill P1ace).doc (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- dc-sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the 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: K:I Repars120081 PC Repom107-April 1618-PZD 08-2915 (Iii!! 1'1"ce}.doe Paving Width No 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. FINDING: All public streets for the proposed development are to be constructed according to the adopted standards of the City, as approved as part of the Aspen Ridge project with a few slight variations. Interior, or private drives to each of the units shall also be constructed to adopted City standards, as reflected herein. Private drives shall be maintained by the developer or a POA; the method and maintenance shall be set forth through the PZD covenants or other such language. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: All development on the site shall be phased according to the phasing plan and conditions herein. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. K:I Reporrs120081/'C Reports 107 -April t 4I R-PZD 08-29/5 (Hill Ploc.).do, FINDING: A full Tree Preservation Plan has been submitted as part of the Large Scale Development and complies with the requirements for tree preservation as set forth in Chapter 167. Tree canopy found along the Town Branch Creek is a high priority for preservation. The applicant proposes a large contiguous preservation area along the creek, coinciding with the deed -restricted wetland area and riparian corridor. The applicant proposes to retain 15.1 % of the tree canopy on -site, and to utilize on -site mitigation in an effort to create larger, healthier canopy coverage in this area. Primary areas of emphasis for the mitigation trees are along the creek corridor and within the established Tree Preservation Area. Other mitigation trees will be combined with required landscaping trees both along the perimeter and interior to the site. (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: All structures are principally residential in nature and are not subject to commercial design standards. (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 (three stories) are not out of proportion for the existing single-family, industrial, and commercial uses in 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. (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 K:IRepons120081PC Repons107-April /4R-PZD 08-2915 (hill Ploce).doc 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: KJRop-W20081PC Repona107-Apnl 141R-PZD 08-2915 (niR p/oce).doc (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, 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. 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. K:IReports120081PC RelvaA07-April 14(R-PZ/) 08-2915 (11111 Place).doc (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with 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: Staff finds this proposal meets the intent of many of the parameters of the PZD criteria listed above. An overall positive impact is anticipated from this project by cleaning up an environmentally degraded site, and by providing for needed student housing. This development contributes several amenities including proposed lakes/ponds, creek frontage, tree preservation and planting areas, a neighborhood park and public trail that will be enjoyed by future residents of this development and the surrounding neighborhood. Natural features are being protected along the creek, which provide the existing neighborhood with a unique character that will be protected with the proposed PZD. The overall density of this project is compatible with the surrounding mix of uses. The development provides an alternative housing type to that within the surrounding existing neighborhood, while transitioning to a busy highway corridor. The developers are coordinating revitalization of this area of south Fayetteville, and planning for future trail connections and parkland as meaningful open spaces. Though a great deal of the site experienced earthwork and disruption with the previous project, the retention of existing infrastructure will help to reduce the amount of land disturbance needed for this project. Staff finds that the overall project and Master Development Plan is appropriate and will be a benefit to the public for reasons discussed throughout this report. See further discussion of this project's compliance with City Plan 2025 in Finding No. 1. (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 A:IReport,l2008U'C Hepo,1,107-April 1418-/'ZD 08-2915 (Hill Place).do, in accordance with the submittal herein. (C) R — PZD, Residential Planned Zoning District. (I) 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. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: Staff is recommending approval of this application, finding the proposed PZD meets the intent of the PZD ordinance as noted above. (2) Permitted Uses. All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts 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. K: U?eporlst2008U'C Reporrsl07-Aprif 1418-PZD 08-2915 (Hill Ploce).doc FINDING: The majority of uses are principally residential, with non-residential uses allowed as a conditional use, and with a proposed clubhouse and pool accessory to the principal residential uses. (F) Bulk and area regulations (1) 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 General Plan; (d) the topography and character of the natural environment; and (e) the impact of a given density on the specific site and adjacent properties. FINDING: Surrounding development contains a mix of uses and density. This site is relatively isolated along much of its perimeter by an existing railway corridor and steep slopes, a busy arterial street to the north, industrial and park use on portions of the south and east property lines. To the north across 6`" Street are a mix of multi -family and single family neighborhoods, and some of the adjacent properties to the south and east are detached single family residential. Staff finds that the overall density is compatible with surrounding development, given the variety of existing land uses and density, and meets some of the urban development goals in City Plan 2025 as this site is designated as a City Neighborhood Area. The previous project was approved with an overall density of approximately 7.87 units per acre and this development is proposing 10.6 units acre, a relatively minor increase. While the form of the development could provide a higher level of compatibility and transition with the existing single family residences by providing more street -oriented buildings, the application does not, in staff's opinion, create an incompatible component of the overall neighborhood. Environmental impacts to the site will be minimized by providing a large tree preservation area along the Town Branch Creek riparian corridor. This development will help repair ongoing environmental and erosion damage on the property. Density and the development pattern proposed under the current zoning (R-PZD Aspen Ridge) would not allow for the proposed multi -family development in the configuration proposed. (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. KAReports120081PC Reports107-April 141R.PZD 08-2915 (Hill Place).doc FINDING: Building setbacks proposed are smaller than a typical multi -family zoning to allow for the building to be closer to the public streets, which is consistent with the City Plan 2025 goals for infill development in a more urban settings such as the subject site. The site is not proposed to be subdivided and lot area is not applicable. The project is being developed without subdivision of land as it is a student housing project all under a common ownership. (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 (three stories) are typical of multi- family development in the surrounding area. (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: in a typical multi -family zoning there is no designated maximum building area to compare to the proposed project. This development proposes to retain 52% of the site in impervious surface area post development, which is much higher than typical large scale developments that are required to retain 15% greenspace. *Required Findings for Rezoning Request. Land Use Plan: The City Plan 2025 Future Land Use Plan designates this site as a City Neighborhood Area. These areas are a denser and still primarily residential urban fabric, which is the case with the Hill Place project. The building types vary in size, but not necessarily in type (single, sideyard, rowhouses, etc.) However, when analyzing the surrounding neighborhood; staff would argue that this 27 -acre site helps to complete the neighborhood, the residential uses of which are primarily single family detached, two-family or small multi family structures. Moreover, this project provides a transition from the existing neighborhood to the south and east to the commercial corridor along 6`" Street. Staff finds a high level of connectivity with the development, with the exception to the west, which is constrained by the steep slope leading up to the railroad. Non-residential uses are not provided within the development, but are close in proximity, and help to reduce the length and number of vehicle trips generated by typical residential development by enhancing accessibility to these resources. The goal of producing traditional residential urban design is not a strong point in this application; front setbacks have been reduced to bring buildings closer to the street, and K.IRepons120081PC Reporesl07-Apri1141R-PZD 08-2915 piill Place).doc buildings have been fronted onto streets in some instances. Overall, staff finds that this project's compliance with applicable Land Use Plans and the PZD ordinance will provide a contributing component to the overall neighborhood FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed rezoning of the existing R-PZD Aspen Ridge property to the proposed R-PZD Hill Place development with a single use multi -family development at a density of approximately 10.6 units/acre is consistent with many of the goals of City Plan 2025. Goal 1 of City Plan 2025 states that infill and revitalization are the highest priorities, and Goal 2 discourages suburban sprawl. This development will provide infill and revitalization on a property that has been environmentally degraded over the years, and will discourage suburban sprawl by keeping 288 residential units in the City's core. This development also complies with Goal 5 to assemble an enduring green network by preserving 3.73 acres of riparian corridor along Town Branch Creek, providing a trail corridor and expanding a park along a protected wetland area. The project is not a traditional town form as encouraged in Goal 3, and does not provide variety or flexibility within the 27 -acre site needed to create a viable neighborhood. However, staff finds the site does provide a missing component of the overall surrounding neighborhood, and transitions from the busy commercial corridor to the predominantly single family neighborhood to the south and east, thereby providing a variety of housing in the larger area. The project attempts to meet Goal 6 to create attainable housing, as the multi -family project is proposed to provide housing primarily for students. It will not create owner -occupied housing, however, which has been a criticism of neighboring residents. By fully complying with the top two goals, adding to the green network within the City and providing for one type of attainable housing, staff finds this project overrides the inconsistencies of this project with some of the other goals and policies outlined in City Plan 2025. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: At this time the property is zoned R-PZD 04-1307 (Aspen Ridge). The current PZD zoning has expired, and a new zoning is required to develop the property. A standard multi -family zoning would not allow the proposed development that is utilizing the existing infrastructure from the Aspen Ridge project. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. K:IReports17008WC Reports W)7 -April /4\R-1171) 08-29/5 (Hill Place).doc Finding: Staff finds this proposal will not create or appreciably increase traffic danger and congestion, with the street improvements recommended. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Staff finds that in evaluating this proposal, the population density would undoubtedly increase from that which currently exists. Staff finds, however, that the load created on public services is not an undesirable or detrimental impact, with the improvements as recommended by staff for this project. Engineering: Public water and sewer have been constructed throughout the property with the previously approved Aspen Ridge project. The site has access to Hill, 111h, and 6'h Street. Improvements that were required with the previously approved Aspen Ridge project are mostly complete. Hill has been widened and improved with curb and gutter and storm drainage. Drainage an.d pavement improvements have also been made on 11th. • Standard improvements and requirements for drainage will be required for the development. This property is affected by the 100 -year floodplain. Police: It is the opinion of the Fayetteville Police Department that this rezoning will possibly alter population density and create an undesirable increase on police services. Fire: The subject property is 1 mile from the Engine I and Ladder 1 located at 303 \Vest Center with an anticipated response time of 3 minutes. No adverse impacts on call volume or response time are anticipated. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K:IReporl. 20081PC Reports 07 -April 141R-I'ZD 08-2915 (Hill Place).doc evik ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS LANDSCAPE REVIEW FORM To: Planning Commission From: Andrew Garner, Senior Planner Date: April 8, 2008 PC Meeting of April 1.4, 2008 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM #:R-PZD o8-2915: Planned Zoning District (Hill Place) Applicable Requirements: y Site Deve opment & Pa"r g Lot Standards `wt`s N II4o D.'eslgn Overlay Y Iir�et Tre� Planting Standai ds ' r'i5.:> n y irk.• r . r NStormwaterFacil i1es Plan Checklist: Y= submitted by applicant N=requested by City of Fayetteville NA= not applicable PreLmmaty Fj[ ale rmr� .Subtmttal Suit ttl' All�LandsWe Plans r y Irrigation notes either automatic or hose bib 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 Y removed Mulch notes indicate organic mulching around trees and within N landscape beds y Plans stamped by a licensed Landscape Architect y Planting details according to Fayetteville's Landscape Manual Site Deve opmeilt y Wheel stops/ curbs Interior landscaping Narrow tree lawn (8' min width, 17' min length/1 tree per 12 spaces) Y Tree island (8' min. t.uidth 1 tree per 12 saces •P.relimiriry t'S.iihnuittal Final l Wiittal` 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 -5O% evergreen) N ' Over ay`D1sh 1ct:;Regt�lrements °� `t t 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 i%ith landscaping ue+—tea .F -r StreetsTree P1anfing Standards (hm ofF P or permt) Residential Subdivisions- 1 large species shade tree/ lot tree Y planted within R.O.W. ifpossible • Nonresidential Subdivision- i large species shade tree/3o L.F. NA tree planted within 15-25'greenspace reens ace NA Urban Tree Wells -urban streetscape only -8 foot 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 Stormwater Facihtles (rimeafFP o permit) ^a y 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 Y Ground cover unless seed or sod is specified Y 50% of facility planted with grass or grass like plants Conditions of Approval: 1. All parking lots shall be screened with a dense evergreen planting where adjacent to residential uses. 2. 15' of greenspace is required between parking lots and the right-of- way. Show the right-of-way and 15' greenspace buffer lines on the plan. 3. Before construction document approval, the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. Weviie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 14, 2008 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Carole Jones, Interim Urban Forester Date: April 8, 2008 113 W. Mountain St. I ayettevillc, AR 72701 Telephone: (479) 444-3472 ITEM #: R-PZD o8-2915: Residential PZD (Hill Place, formerly Aspen Ridge) Requirements Submitted: Y Initial Review with the Urban Forester Y Site Analysis Map Submitted Y Site Analysis Written Report Submitted N Complete Tree Preservation and Protection Plan Submitted Canopy Measurements: :iToEl Srte Areal 1' acres 25.11 square feet 1,0 2 E_ istln Tee Cano _≥`' acres 1 .04 square feet 611,582 percent of total site area Ex'istm Tree Ca1io _, :Preserved,_., ; acres 3.73 square feet 162,479 percent of total site area 14.9% 'Peicent�Muumum;Cano . -RE cared - ,�' 25 .o% FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • The desirability of preserving the trees located along Town Branch Creek is very high due to their location, size, and species. Many of these trees are in the best health of those on the property, which contains many significant trees that have been abused and are in poor condition. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Several of the trees that were originally on this property were removed during the construction of the Aspen Ridge development. Since the construction from that development has ceased, other trees that were previously shown to be preserved have died. Significant environmental degradation would occur if the trees along the creek were removed, for they retain the slope and hold the bank from eroding completely along this stretch of the creek. The root systems help retain the soil, and canopy coverage helps to reduce the temperature of the stream run-off from adjacent impervious surfaces. 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. • The greatest impact in tree cover reduction would be to the properties to the east. However, existing canopy continues onto these properties, as well, so a significant reduction may not be realized. Additionally, as part of the mitigation efforts, screening and buffering will be required to protect the surrounding single family homes. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • N/A Whether the size or shape of the lot reduces the flexibility of the design. • The shape and size of the overall property does much to inhibit the design flexibility. There is little frontage onto public streets, a creek corridor with associated wetlands divides the property, an old railroad bed dictates much of the grading that has to occur in order to utilize it for the proposed trail corridor, and an existing railroad limits access to the west. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The general health of trees on this site is poor. The site has been developed around, graded in years past, filled with debris and generally abused. Several tons of trash were removed in the past from this site, much of which was located underneath canopy on the east side of the creek. An arborist was retained to evaluate the condition of the trees on -site and determined, based on his criteria, which were significant. In conjunction with the applicant, staff then evaluated the other trees and classified them based on size, location, type, and health, among other criteria in the City of Fayetteville ordinance. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • Staff recommends that the trees located along Town Branch Creek be placed within a Tree Preservation and Recreational Area. This distinction will allow the continued preservation of these trees in perpetuity. The removed canopy is due to placement of structures, roadway and associated parking. Utilities will not encroach upon the trees designated as preserved. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • Trees within the Tree Preservation and Recreational Area should not be affected by utilities. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • Much of the grading to construct roads and pads for the units for this development was dictated by the existing elevations of the railroad corridor to be used for the trail and the creek along with off -site elevations. Existing topography, therefore, has been utilized for design of the roads and utilities and routed, where possible, to avoid canopy. Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. • Mitigation will be required on this site. On -site mitigation will increase the canopy on the subject property and is located appropriately in the Tree Preservation and Recreational Area where it will survive in perpetuity. The effect other chapters of the UDC, and departmental regulations have on the development design. • This is a Planned Zoning District project. The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: • Wetland mitigation is enforced by. the U.S. Army Corps of Engineers. The property is located south of U.S. Highway 62 (Sixth Street) and is subject to federal and state ROW requirements. The impact a substantial modification or rejection of the application would have on the Applicant: • Staff is recommending approval of the submitted Tree Preservation and Protection Plan with the following conditions. Conditions of Approval: 1. The majority of the preserved canopy on this project was placed within a Tree Preservation Area per the previous easement plat. This area shall remain as a dedicated easement and shall be dedicated with the new easement plat using the Tree Preservation and Recreational Area signature block for the Urban. Forester. The Tree Preservation and Recreational Area may need to be revised on the new easement plat for this project since the pedestrian bridge has been changed to a vehicular bridge. Additionally, the canopy measurements may need to be revised accordingly. 2. It appears that a construction parking and storage area is shown in the 0.78 -acre park land dedication area. Please revise the plans; parking and storage are not allowed on the park property during construction. 3. The applicant shall mitigate for the removal of 110,970 SF of tree canopy with on site mitigation to consist of a minimum of (384) 2 -inch caliper trees. The final amount of mitigation will depend on the disturbance of canopy located around the proposed vehicular bridge. Staff's final recommendation for tree mitigation will be subject to final calculations. Additionally, a tree mitigation form must be submitted and approved by the Urban Forester. 4. All mitigation trees must be planted prior to the issuance of a final certificate of occupancy. A 3 -year bond, letter of credit, or check in the amount of $96,000 shall be deposited with the City of Fayetteville before issuance of a certificate of occupancy. The actual amount of the bond shall be based on the final calculations. 7a'y`ell" THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION CORRESPONDENCE To: Appian Center for Design From: Matt Mihalevich, Trails Coordinator Date: April i, 2008 Subject: Subdivision Committee Review Comments ITEM #: R-PZD: o8-29ig: Hill Place 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3416 mniihalevich@cl.fayetteville.ar.us TRAIL COMMENTS i. Tsa-La-Gi trail is identified' on the Fayetteville Alternative Transportation and Trail Master Plan through this project. As previously decided, this 12' wide asphalt trail will be constructed by the developer, to be reimbursed by a park land dedication credit. All expenses on the trail must be tracked separately to qualify for reimbursement. 2. Trail shall be constructed to meet City of Fayetteville and ADA guidelines including a 5% maximum longitudinal slope and 2% maximum cross slope. One location near the small retaining wall west.of Hill Ave looks to have a longitudinal slope exceeding 5%. 3. Analyze the existing block wall at this location to insure it was constructed properly to construct the trail behind. Currently it doesn't look stable. 4. Please notify the Trails Coordinator prior to construction for periodic inspections. 5. Hill Ave is part of the Heritage Trail. Due to this designation, the improved street must include bicycle facilities. Include thermoplastic bike symbol chevrons and share the road signs spaced every 300 feet along the all improved sections of Hill Ave. See Below. ye e�� .e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TO: Andrew Gamer, Planner FROM: Alison Jumper, Park Planner DATE: April 1, 2008 SUBJECT: Parks & Recreation Subdivision Comittee Comments 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3469 Meeting Date: April 3, 2008 Item: R-PZD Hill Place, 561 Park District: SW Zoned: RMF-24 Billing Name & Address: Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72704 Land Dedication Requirement Single Family @ .024 acre per unit = Multi Family @ .017 acre per unit = _ Mobile Home _____@.024 acre per unit = Lot Split COMMENTS: Money in Lieu acres @ $555 per unit = $ acres @ $393 per unit = $ acres @ $555 per unit = $ ____@$555 per unit = $ • PRAB reviewed this development at the December 2007 PRAB meeting and recommending accepting approximately 0.8 additional acres, pay remaining fees in lieu. Dedicated land must be free from debris and stockpiles and graded to match adjacent park land. • The park and trail land must be split out to create a separate lot. • Additionally the developer is subject to the previous requirements as approved on November 8th, 2006. Dedicate approximately 0.36 acres of land for the trail and construct 856 If of 12' trail. All trail layout, design and construction shall be approved by park staff. Trail shall be constructed per City standard construction details for an asphalt trail. Approximately 500 If of the trail will serve R-PZD 08-2915 as the sidewalk; therefore, costs for land and construction for this portion will not be counted towards the park land dedication requirement. In addition, approximately 0.86 acres located on the southern edge of the development will be dedicated. Resolution 190-04 regarding the park land dedication requirements for the project was passed and approved December 7th, 2004. The trail corridor (0.3532 acres) and park land (0.8581 acres) deeds have been received. A payment of $23,704.06 for remaining fees in lieu has been received. The current proposal includes 288 multi -family units. This is a change from 220 single family units. 288 MF units = 4.9 acres 4.9 - 1.32 acres (credit for 55 existing SF homes) = 3.58 acres 3.58 acres - 1.21 (acres previously dedicated) = 2.37 acres 4.9 acres - 2.37 - 2.53 acres owed 2.53 — 0.8 additional acres =1.73 acres owed 1.73 acres x $40,000/acre = $69,200 owed $69,200 - $23,704.26 previously paid = $45,495.74 $45495.74 - $54,163.49 (trail construction costs)= $-8,667.75 $-8,667.75 + $1,338 (land for sidewalk area) + $12,936 (sidewalk construction costs) = $5,606.25 owed **The trail construction costs are based on approximately 500 l.f. of 7' trail and 356 If of 12'trail. Typical sidewalk construction costs are included for the 500 If of trail that functions as a sidewalk. Actual amount for construction credit will be calculated when the final alignment has been determined. R-PZD 08-2915 Andrew Garner- Subdivision committF 08 Pa e 1 From: Brian Pugh To: Fulcher, Jesse; Gamer, Andrew; Sanders, Dara Date: 3/31/08 2:27PM Subject: Subdivision committee 4-3-08 LSD 08-2903 (Shoppes at Wedington) Please contact Solid Waste about enclosure location. Curb in front of enclosure will not allow for straight collection on southern most dumpster. Cannot sign off on current design. LSD 08-2933 (Springwoods Behavioral Health) Please contact Solid Waste about enclosure size. Old plans had correct size of 30' x 12'. New plans show 15' x 20'. Cannot service this size and cannot sign off if this size remains. LSD 08-2854 (Emeritus Assisted Living) Please show enclosure with 15' clear opening on architectural plans. R-PZD (Hill Place) Dumpster enclosure must be 15' x 12'. Locations previously approved. Spoke with Austin Rowser about possibility of adding city recycling drop off to plans. R-PZD (Villas at Stonebridge) Please contact Solid Waste to discuss trash collection. Single family to receive residential carts. Townhomes and multifamily must be collected with commercial dumpster service along with commercial businesses. No dumpster enclosures identified on plans. Cannot sign off until enclosures identified. Brian Pugh Waste Reduction. Coordinator .. Fayetteville Solid Waste and Recycling 479-718=7685 479-444-3478 Fax Date 2/15/08 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 R-PZD 08-2915: (Hill Place) Submitted by Appian Center for Design for property located at the SW corner of 6'h Street and Hill Avenue intersection 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 contains approximately 27.10 acres. it is the opinion of the Fayetteville Police Department that this R-PZD will possibly substantially alter the population density, and create an appreciable or undesirable increase in the load on police services at it completion. This R-PZD will possibly create an appreciable increase in traffic danger and congestion on already overloaded 6`h Street. Sincerely, Captain William Brown Fayetteville Police Department r RVETTEYIItE FIFE MEMO To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson Assistant Chief Bud Thompson From: Captain Dale Riggins Date: April 8, 2008 Re: February 20, 2008 Zoning Review R-PZD 08-2915: Planned Zoning District (HILL PLACE, 561): Submitted by APPIAN CENTER FOR DESIGN for property located at THE SW CORNER OF THE 6TH STREET AND HILL AVENUE INTERSECTION. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (Aspen Ridge) and contains approximately 27.10 acres. The request is to review a Master Development Plan for a Residential Planned Zoning District with 288 multi -family dwelling units, community building and associated parking. This property will be covered by Engine 1 and Ladder 1 located at 303 W Center. It is 1 mile from the station with an anticipated response time of 3 minutes. The Fire Department anticipates 53(34 EMS- 19 Fire/other) calls for service once the development is completed and maximum build out has occurred. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. RZN 08-2913: ()B Hanna, LLC, 715/676): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at I-540 AND FULBRIGHT. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 14.27 acres. The request is to rezone the subject property to C-2. This property will be covered by Engine 6 located at 900 S Hollywood. It is 1.5 miles from the station with an anticipated response time of 4 minutes. We do not figure calls for service on Commercial developments, although this type of development typically does not affect our calls for service. If you have any questions concerning these comments please don't hesitate to call me Captain, Fayetteville Fire Department PLA. N NI NU URBAN DESGN LAN CRCAPE ARCH'TECTCRE C.V L ENO,N£ERING APPIAN CENTRE FOR DESIGN April 7, 2008 Andrew Gamer, Senior Planner City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Hill Place (R-PZD 08-2915) Dear Mr. Gamer: We are submitting this addendum to our waiver request letter dated March 6, 2008 to provide further documentation regarding item no. 1 from said waiver request. We have analyzed the site with Royal Oak Parkway being a public right-of-way from its intersection with Wynstone Drive to its intersection with 11i° Street. By making this portion of Royal Oak Parkway a public right-of-way, the head -in parking that is currently proposed must be replaced with parallel parking (as shown on the attached Exhibit A). Under the currently proposed PZD regulations, we have 828 parking spaces, which is less than 1 space per bedroom (there are 840 total bedrooms); however, Place Properties averages 95% occupancy for their holdings nationwide. Using 95% occupancy, the Hill:Place development will require 798 parking spaces for the residential units and 26 parking spaces for the community building for a total of 824 spaces. The current site plan will be sufficient to meet this need. However, by converting portions of Royal Oak Parkway to a public right-of-way, 40 parking spaces will be lost, for a total of 788 parking spaces. This is well below the number of parking spaces needed for this development. We respectfully request that you consider this information when considering our request for a waiver from UDC Section 166.06(K)(loxb). Thank you for your time in considering this matter. I look forward to hearing from you. If you have any comments or questions, please do not hesitate to contact me. t eg s, tin . Rowser, P.E. Appian Centre for Design, Inc. Design Team Leader 217 East Dickson Street, Suite 104 Fayetteville, AR 72701 PLANNING . I AI ND CAPE ARCHITECTURE CVL ENGINEERING APPIAN CENTRE FOR DESIGN March 6, 2008 Andrew Garner, Senior Planner City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Hill Place (R-PZD08-2915) Dear Mr. Gamer: Appian Centre for Design is writing to request waivers granting permission to: 1. Construct Private Streets internal to the Hill Place Development, but connecting 11th Street to Royal Oak Parkway 2. Grade on the property within 5' of a property line 3. Place a trash enclosure in a utility easement 4. Place buildings up to 15' from the 100 -year water surface elevation of a detention/ retention pond provided that the buildings are at least 2' above the 100 -year water surface elevation Please consider the following as grounds for granting the waivers: 1. UDC Section 166.06(K)(10)(b) requires that public streets be connected by a public street; we are proposing a connection between Royal Oak Parkway and I11° Street with a private drive. We believe that a private connection is justified because traffic from I I1h Street will flow to Hill Avenue to use the traffic signal to access Sixth Street rather than flow into the development for access to Sixth Street. 2. Since this project is a retrofit of the partially constructed Aspen Ridge Townhomes project, there are a few locations where minor grading is needed to within I' of the Hill Place property line. The needed grading will not impact adjacent properties and will not be steeper than a 3:1 slope. 3. We have one location in the southern portion of the property that has a need for a trash enclosure, and there is no way to avoid placing the enclosure within an easement. We are willing to agree to replace the trash enclosure at the cost of the developer in the event the utility mains within the easement need to be accessed. 4. Since this project is a retrofit of the partially constructed Aspen Ridge Townhomes project, there are a few buildings that will need to be placed as close as 15' to the 100 -year water surface elevation of the existing retention/detention ponds. All buildings will be constructed at least 2' above the, 100 -year water surface elevation. Thank you for your time in considering this matter. I look forward to hearing from you. If you have any comments or questions, please do not hesitate to contact me. ego �m�owser,(�P�R— Appian Centre for Design, Inc. FFIUE�QEI Design Team Leader 217 East Dickson Street, Suite 104I7 Fayetteville, AR 72701 Subdivision Committee April 3, 2008 Page 11 of 16 R-PZD 08-2915: (HILL PLACE, 561): Submitted by APPIAN CENTER FOR DESIGN for property located at THE SW CORNER OF THE 6Tn STREET AND HILL AVENUE INTERSECTION. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT (ASPEN RIDGE) and contains approximately 27.10 acres. The request is for zoning, land use, and large scale development approval for a Residential Planned Zoning District with 288 multi -family dwelling units, a community building and associated parking. Andrew Garner, Senior Planner, gave the staff report, giving the history of the site and the project previously approved and partially constructed, Aspen Ridge. Prior to Aspen Ridge, the project was zoned for multi -family use, at 24 units per acre. Aspen Ridge was a PZD that allowed 220 units on the property, a density of 8 units per acre. This project proposes 288 units in a different configuration, but utilizing much of the already installed infrastructure, at 10.6 units per acre. Gamer added a condition from the Fire Dept. for approval of a FDP connection prior to building permit. Staff recommend forwarding the item to the Planning Commission with a recommendation of approval with conditions as listed in the staff report. Carole Jones, Urban Forester, described the tree preservation area on the site, and mitigation for removed trees required on site. The developers are preserving trees as before, but may need to amend the Tree Preservation Area for the new bridge. Todd Jacobs, applicant, described the history of the project. He stated that Place Properties will be the ultimate owner and manager ofthe properties. Each building will have an individual manager to be the eyes and ears for the area. Jacobs described the bridge, which is intended to draw traffic up to 6'" Street and out ofneighborhoods to the south. The density is currently at 13-14 dwelling units per acre. They are trying to address issues as they come up, and will continue to do so. Austin Rowser, applicant, described the Low -Impact Development techniques that will be employed on the property. He stated he concurs with staff on the site improvements. Rowser discussed drainage problems in the area and how they will improve the situation. They are hoping to capture urban pollutants before they get into the streams. In terms ofthe Tree Preservation Area, they are not 100% sure of where the abutments for the bridge will be right now, and they will have to see as we get further in to address Tree Preservation Plan comments. Don Hoodenpyle, neighbor, described the sewer line that went in under the bridge, and the concrete that was dumped out into the creek. His place has flooded with I'/Z" of rain. He discussed flooding and problems with the previous development. He has tried to work with everyone; he is not against the project, but would like to have his property straightened out. They need to have around -the -clock property management available to student renters. Commissioner Lack stated that there was not a lot that the Planning Commission can do to take corrective action on previous issues, so they applaud the efforts of this development to make corrective measures. Robert Williams, neighbor, S. Hill Ave., discussed drainage, flooding concerns, and environmental Subdivision Committee April 3, 2008 Page 12 of 16 concerns. Retaining walls are failing all over the site. Historically the neighborhood has always been single-family, but it s now going to have approximately 1000 college students in and out every year. Cynthia Hadden, citizen, stated she was speaking on behalfofher parents who live on Hill Avenue. She stated she has been to two neighborhood meetings on this project. She knows that the developers are making a good effort to remedy the impacts of the abandoned development. At the meetings, they promised there would be supervision such as that done at UA dorms, management, good efforts at mitigating water issues. In order to make it happen, it needs to be written into the PZD. What guarantees are there that this level of quality management will continue? What about security, trash management, bus stops, environmental protection, tree plantings, etc.? Her problem is the basic concept of bringing in this type of development to a traditionally single-family neighborhood. As years go by, the quality goes down, and this is the main concern. Property values will change for those around this area, and will pressure other areas to sell for multi -family development. Quality of life issues exist. Student apartments are different than owner occupied condominiums, thereby adding continuity to the area. Students are very transient, and a very different demographic. More noise, traffic, crime, etc. They deserve something more like Ruskin Heights, if those are the standards the City has set. Hadden discussed other concerns. All multi- family developments should be doing this low impact development. She stated her argument is with the basic premise and concept of the development here. She described other properties in the area in transition, how it fits into surrounding environment. She would like to see this area looked at like the Walker Park neighborhood was. There area lot of other uses in the area. Her last concern is with opening Brooks Avenue — she is very much for encouraging that opening; the more points of access available, the better the traffic will be distributed. Brooks Ave would be even better if it went all the way to 15" Street, but it has been vacated. At least get a bike lane out there. Aubrey Shepherd, citizen, stated he still does not understand the private streets in the development. The only thing he doesn't agree with from the previous speaker is that no street should be connected to Brooks Ave & 12°i Ave. He would prefer a trail. Shepherd discussed drainage concerns, and how the outlets become clogged. He hopes native plant species will be used, and would like to discourage the use of herbicides and pesticides. He stated he appreciates all the good planning going on. Commissioner Lack asked about the retaining walls failing. Matt Casey, City Engineer, stated that many of the walls will be removed and reconstructed. All improvements will be evaluated and inspected. Jeremy Pate, Director of Current Planning, discussed to what extent the City can meet the discussed requirements. The City does not exist to enforce operational responsibility of individual projects, that is not really something for which the City can assume responsibility. The City can require commitments within the PZD for items related to City codes, such as low impact development techniques, detention, retaining wall design, street standards, etc. He also discussed how 15`h Street could be connected to in the future by Brooks Avenue. Though some right-of-way has been vacated, Subdivision Committee April 3, 2008 Page 13 of 16 it is not out of the realm of possibility. Lack asked about the public street vs. private street question. Jacobs discussed the exhibits they will be providing for a public street, which removes a lot of parking. Commissioner Lack discussed how he wouldn't want to jeopardize the bridge provided, but would be interested to see their options, to understand the ramifications. He does understand, though, why staff would not put forth a recommendation at this time. Pate stated that staff is recommending approval of the project based on the described plans and the commitments provided. Motion: Commissioner Bryant made a motion to forward the request to the Planning Commission in favor of the condition #1 as recommended by staff, holding a recommendation on #2 for more detail, and in support of #3, #4, and all others. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 3-0-0. April 14, 2006 Dear Fayetteville Planners I regret that I am not able to be there in person today due to the current version of the flu. The following are my thoughts on this project. 1. When massive amounts of red dirt are brought in to fill in an area of the 100 year flood plain in order to raise it above flood plain level, as was the case here, the water that once flowed through that area is then forced to go somewhere else. Oftentimes homes along the creek that have not flooded before are faced with higher water levels to contend with and then begin to flood due to the manmade changes upstream. 2. Once the pavement and the buildings are in, there is less exposed soil to soak up rains. This will further compound the possibility of downstream flooding. 3. A development is planned for the top of the mountain by Mr. Broyles. Once pavement and buildings are in, this could further complicate the problem. 4. There is one house on 15'h Street that is frequently flooded. I fear future flooding caused by this is project would probably include houses on the southern end of Hill Ave., parts of Ellis Ave., and additional houses on 15'h St. 5. The earth friendly plan that was presented by the man from Utah sounded very good in most ways. I think the concept was good. However, from my past experience watching the water rise within 50 ft. of the house I own and was raised in as a child at 915 S. Hill, this plan will in no way be adequate to handle the water I have seen go through there at times. My house is on the west side of Hill Street and backs up on this development. Also, I cannot help but wonder if they have mosquitoes and snakes in Utah because it appears this plan would be a perfect breeding ground for both. Our area has been trying to avoid areas of standing water where mosquitoes breed in order to prevent West Nile Virus. 6. It is not likely that my house will flood though I am certain the yard will. However, many of the people in the affected area were once my neighbors. Some are elderly and cannot be here. Some are too timid to take part in a meeting of this sort. Others don't keep up with current news and some are uneducated. But, all deserve to have their interest represented, and I will be right here looking out for them as well as myself. 7. 1 asked recently at one of the meetings who would be financially responsible for the houses that flooded downstream due to this project. I got stares from the speaker but no answer. Since everyone involved in the project is either incorporated or an LLC, I am sure they plan to accept no responsibility because liability protection is one of the main reasons these entities are formed. If the project is approved, that leaves only the City of Fayetteville left for victims to attempt to recover their losses by using the argument that the City was at blame for approving a plan that was faulty. If the City approves a plan for part of the area close to the creek to be vacated and left to the City, depending on the area and circumstances, this might compound the City's problems even more. I hope the City will think very strongly about this. 8. There is a problem with some of the retaining walls that were built with landscape stone. They need to all be rechecked. Some may need to be replaced with more sturdy material. If they are not holding well now, they won't last over the long haul. With proper corrections, this might be a doable project. Sincerely, Vicki M. Norvell, Owner: 915 S. Hill Ave. Fayetteville, Ar. 72701 Residence: 1.0831 Spring Mountain Dr. Farmington, Ar. 72730 Phone: 267-5580 ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING FOR THE SUMMIT COMMUNITY March 19, 2008 APPLICANT/REPRESENTATIVE CONTACT INFO: Appian Centre for Design 217 E. Dickson St., Suite 104 Fayetteville, AR 72701 Contact: James Gibson Office 479-442-1444 Fax 479-442-1450 Subdivision Meeting: Planning Commission Meeting: PROJECT DESCRIPTION: Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72701 Contact: Hank Broyles Office 479-442-5756 Thursday, 04-03-2008 9:00 am Fayetteville City Administration Building 113 W. Mountain Street, Room 219 Monday, 04-14-2008 5:30 pm Fayetteville City Administration Building 113 W. Mountain Street, Room'219 0 a. telll rjsS a proposed residential development located on approximately 26.33 acres located .6' Street and Hill Ave. The current conceptual plan calls for a total of 16 apartment buildings with a total of 288 units as well as a community building and two pools connected by a series of roads and parking areas designed to the City of Fayetteville engineering standards. The site will also be drained per the city of Fayetteville drainage manual. The site is located south of 6"' Street (Arkansas Hwy 180). It is bordered by Hill Avenue to the east, 11"' Ave. to the south and the Arkansas Missouri Railroad to the west. Access to the site is from 6"' St., Hill Ave and 11th St. A new road will also be built connecting the site to 12"Ave. The new Tsa La Gi trail will cross the site from east to west. ADJOINING PROPERTY OWNERS COMMENTS Return Comments concerning The Hill Place PZD back to City of Fayetteville Planning Division 125 W. Mountain Street Fayetteville, AR 72701 F=MAAR2 ✓ I have been notified of the above meetings for the described project. ✓ I do not object to the project described above. I do object to the project described above because: ISI( RAYJ(W)ID F. AC(c W Ni, e of Property.Owner Printedj �Prn9O�`NO-SJi14t!t ,'e 9Po mm'd Signature of Property Owner OW ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING FOR THE SUMMIT COMMUNITY March 19, 2008 APPLICANT/REPRESENTATIVE CONTACT INFO: Appian Centre for Design 217 E. Dickson St., Suite 104 Fayetteville, AR 72701 Contact: James Gibson Office 479-442-1444 Fax 479-442-1450 Subdivision Meeting: Planning Commission Meeting: PROJECT DESCRIPTION: Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72701 Contact: Hank Broyles Office 479-442-5756 Thursday, 04-03-2008 9:00 am Fayetteville City Administration Building 113 W. Mountain Street, Room 219 Monday, 04-14-2008 5:30 pm Fayetteville City Administration Building 113W. Mountain Street, Room 219 The Hill Place Project is a proposed residential development located on approximately 26.33 acres located 6"' Street and Hill Ave. The current conceptual plan calls for a total of 16 apartment buildings with a total of 288 units as well as a community building and two pools connected by a series of roads and parking areas designed to the City of Fayetteville engineering standards. The site will also be drained per the city of Fayetteville drainage manual. The site is located south of 6"' Street (Arkansas Hwy 180). It is bordered by Hill Avenue to the east, 11"' Ave. to the south and the Arkansas Missouri Railroad to the west. Access to the site is from 6"' St., Hill Ave and 11"' St. A new road will also be built connecting the site to 12"' Ave. The new Tsa La Gi trail will cross the site from east to west. ADJOINING PROPERTY 9W�NER ti COMMENTS Return Comments concerning0': ee't ]I- t) ack to - .:,. .. City of Fayetteville Planning Division 125 W. Mountain Street Fayetteville, AR 72701 I have been notified of the above meetings for the described project. I do not object to the project described above. I do object to the project described above because: Dt 4 .C7me ofPropertyOwner'Printed) Rm.tuMre.ofProperty Owner U * (,lf ¢. vleD la m. 4rn ;w ., G(fe ak( ,-1--6 R b vt I 1 /ii4lt D. j Il 1U;(! wko I;✓c. rigf dw,A ` c, ` t� ,J fo ��+6.,k� t\hn ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING FOR THE SUMMIT COMMUNITY March 19, 2008 APPLICANT/REPRESENTATIVE CONTACT INFO: Appian Centre for Design 217 E. Dickson St., Suite 104 Fayetteville, AR 72701 Contact: James Gibson Office 479-442-1444 Fax 479-442-1450 Subdivision Meeting: Planning Commission Meeting: PROJECT DESCRIPTION: Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72701 Contact: Hank Broyles Office 479-442-5756 Thursday, 04-03-2008 9:00 am Fayetteville City Administration Building 113 W. Mountain Street, Room, 219 Monday, 04-14-2008 5:30 pm Fayetteville City Administration Building 113 W. Mountain Street, Room 219 T•heHIIIaP.�agey�oj, Ps a proposed residential development located on approximately 26.33 acres located 6 Street and Hill Ave. The current conceptual plan calls for a total of 16 apartment buildings with a total of 288 units as well as a community building and two pools connected by a series of roads .and parking areas designed to the City of Fayetteville engineering standards. The site will also be drained per the city of Fayetteville drainage manual. The site is located south of 6"' Street (Arkansas Hwy 180). It is bordered by Hill Avenue to the east, 11"' Ave. to the south and the Arkansas Missouri Railroad to the west. Access, to the site is from 6"' St., Hill Ave and 11"' St. A new road will also be built connecting the site to 12"' Ave. The new Tsa La Gi trail will cross the site from east to west. ADJOINING PROPERTY OWNERS COMMENTS Return Comments concerning The Hill Place PZD back to City of Fayetteville Planning Division 125 W. Mountain Street Fayetteville, AR 72701 I have been notified of the above meetings for the described project. I do not object to the project described above. I do object to the project described above because: of Prope r P i ignature of Property Owner RECEIVED APR 022008 f-IifC iG DIV. E.J. BALL([ 917-2004) KENNETH R. MOURTON SHANNON L. POORE All Attorneys Utensed in Arkansas i BALL & MOURTON, LTD., PLLC A Professional Limited Liability Company Attorneys at Law Fst. 1950 Post Office Box 1948 E.J. Ball Plaza 112 West Center Street, Suite 700 Fayetteville, Arkansas 72702 Telephone: (479) 442-6213 Facsimile: (479) 442-6233 www.ballandmourton.com March 25, 2008 City of Fayetteville Planning Division 125 W. Mountain Street Fayetteville, AR 72701 RE: The Hill Place Project Dear Sir of Madam: 0 Enclosed please find the signed Adjoining Property Owners Notification which contains my comments as an adjoining property owner of the above -captioned proposed project. If you should have any questions, please do not hesitate to call me. With highest personal regards: Very truly yours, Kenneth R. Mourton KRM:kj EicIosureT. K:\DOCIMARCH\City of Fayetteville Planning Division 3-25-08.wpd ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING FOR THE SUMMIT COMMUNITY March 19, 2008 APPLICANT/REPRESENTATIVE CONTACT INFO: • Appian Centre for Design 217 E. Dickson St., Suite 104 Fayetteville, AR 72701 Contact: James Gibson Office 479-442-1444 Fax 479-442-1450 Subdivision Meeting: Planning Commission Meeting: Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72701 Contact: Hank Broyles Office 479-442-5756 Thursday, 04-03-2008 9:00 am Fayetteville City Administration Building 113W. Mountain Street, Room 219 Monday, 04-14-2008 5:30 pm Fayetteville City Administration Building 113W. Mountain Street, Room 219 PROJECT DESCRIPTION: Fies?1lII Placzoj s a proposed residential development located on approximately 26.33 acres located 6th Street and Hill Ave. The current conceptual plan calls for a total of 16 apartment buildings with a total of 288 units as well as a community building and two pools connected by a series of roads and parking areas designed to the City of Fayetteville engineering standards. The site will also be drained per the city of Fayetteville drainage manual. The site is located south of 6"' Street (Arkansas Hwy 180). It is bordered by Hill Avenue to the east, 11"' Ave. to the south and the Arkansas Missouri Railroad to the west. Access to the site is from 6th St., Hill Ave and 11th St. A new road will also be built connecting the site to 12th Ave. The new Tsa La Gi trail will cross the site from east to west. ADJOINING PROPERTY OWNERS COMMENTS Return Comments concerning The Hill Place PZD back to City of Fayetteville Planning Division 125 W. Mountain Street / Fayetteville, AR 72701 have been notified of the above meetings for the described project. �r I do not object to the project described above. - f k -c a 5 11- Gc '5 not er1< d do object to the project described above because: zt]`"�q F'( 5 0c Wf52 rrrl 15Q3 13 a WGrCY o15f Cec c$ (rf5 1Yl kurt �Ct S 1 Deck k C) Name of Prope ne Printed) Pnrri ,, Signature of Property Owner P«Sher a 64 -750 5DA41A 1 -II MAR 2 6 2008 turn atiw ask✓y yCo.- ► we. %nave also 5 1-, 1d ` huN4 ;f VI% nol vrc✓aafe t ylt,Y t11� nIbe or fit `1 !G ffrc 't.it p-opo,u-c! py .s wrct v enge..✓ is undtr �4c ►Yi,pYtsi�e; rl{ by the po4dt het an spr,vi��`l�aY,s ayeedy►;i� ✓ il' v 11 irt.iga},n dt,rih th< SUrnrnY~ ''v.4,k tl,a4 r�vy hat@ irve ft4s whe�c '-i degvee toe St4lerhe..A doesna1 ho ld w¢'tee" Q,- *1tia�_doy war`i h�rcl,.yl7.�beucr v ?f y°' 1 arv=f`v• lv&rr. yeiu cdd FoofA e. bu,id.,iv,, p�wk"r� ecb,�S, Sick rlkl. �avam�h weep Oli7rr c v-'ccf c;v-45, *His cveck w,)) fleoc►, ale c�o y\ai 'nee -d Tb compound -iyc ►ftGka/ of the fo.led dev`)0pm,n+ w.�li t%,'vs proposes d-evdapreil. Ak Ae loil-me(?i)Hy J hope som,ane fv6m dbe v'5' poy;ty Q'ii"f, o71 Wt:} iti7 S ZlO 4,'hey wo„dcd le cl.eed ilse pvcpc%rd 9rrcnwayt io Il,e e;�,tr Aecu.rc ₹Haf wi6) ielac c -f). .e. kp�yrY�) far ft1ra-t wrifsurcl, h(I woU�cl l i c !3 date b sl�� i/Se con yeJ7obt4;4 ZZ tcctec iv ILe c_ -�) Sih( Vcy )&4 C, S Due +o ilie l4ryr Omaw'l cf c14,y f•J/ .bva&yb1 rn 6eh,nq m y �roper�Y. rhy k c y✓d ha to rye, drG,yr pr9�t' y. Rs Ufed -lb ✓u✓I fp tlu creek, no,. f�/1 eq+d f At..c to yd� -f 1 L7{ . f(ench drains pla(eJ c1i +tie enaa of vny pvo)5p'`ty So if w,1) prope-ly drw, i 434.'7. 7hai . you ADJOINING PROPERTY OWNERS NOTIFICATI N OF UPCOMING PUBLIC HEARING FOR THE SUMMIT COMMUNITY APR 04 2008 March 19, 2008 APPLICANT/REPRESENTATIVE CONTACT INFO: Appian Centre for Design 217 E. Dickson St., Suite 104 Fayetteville, AR 72701 Contact: James Gibson Office 479-442.1444 Fax 479.442-1450 Subdivision Meeting: Planning Commission Meeting: PROJECT DESCRIPTION: Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72701 Contact: Hank Broyles Office 479-442-5756 Thursday, 04-03-2008 9:00 am Fayetteville City Administration Building 113W. Mountain Street, Room 219 Monday, 04-14-2008 5:30 pm Fayetteville City Administration Building 113W. Mountain Street, Room 219 The fHIl1Rlace,1P.rgjeet�ls a proposed residential development located on approximately 26.33 acres located 6th Street and Hill Ave. The current conceptual plan calls for a total of 16 apartment buildings with a total of 288 units as well as a community building and two pools connected by a series of roads and parking areas designed to the City of Fayetteville engineering standards. The site will also be drained per the city of Fayetteville drainage manual. The site is located south of 6th Street (Arkansas Hwy 180). It is bordered by Hill Avenue to the east, 11"' Ave. to the south and the Arkansas Missouri Railroad to the west. Access to the site is from 6th St., Hill Ave and 11"' St. A new road will also be built connecting the site to 12th Ave. The new Tsa La Gi trail will cross the site from east to west. ADJOINING PROPERTY OWNERS COMMENTS Return Comments concerning The Hill Place PZD back to City of Fayetteville Planning Division 125 W. Mountain Street Fayetteville, AR 72701 I have been notified of the above meetings for the described project. I do not object to the project described above. X I do object to the project described above because: 41t. pryjed- kQ4 no}- Fco)Y°'iy acWreSShd r^AhX of rnr canC-0Yrlx' )4nihh. Cohtzv1),'J tl,c run off of rail, f✓om Roau� �mbc 1 G. W.1111f ticty�ItSr Kt oe, i'tiat if htube- 7ka Ra.lrpyd _ NameofPropertyOwner(Printed) Lrhu lzohgtit 6, 'cu rd Thfct f 7 �e nt y a our'')n-ova 6t1A Signature of Property Owner pc✓hds qrr (Jt' S,pr in3. enc1 v,,, I I never work as deS, nt r for,,Iih,tty we bV'Q' +o)4 that we woald hl'rve recr 6e1� YIUt+lber Of. hew r,e.lyt,b6rs/ ilru} would owH iY tavofxil'y. S',hC•i *-k4 k01( always be8n s,.i9(e Pglnitlr re.k-"4JThat VVQL'IA hart been fait, , Now ,ve qr< ikebIq wiitf - A,i c�i- lkaf we will Rave th17 a-cf4 6f C)1-Ci. ,stud, 9A41 W;t% RPZD08-2915 HILL PLACE One Mile View Subject Property Overview Legend Boundary "-"- Subject Property I-, Planning Area RPZD08-2915 ' ''� Overlay District ` f� Outside City Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 Mies AMENDED Conditions of Approval R-PZD 08-2915 Hill Place Amended 06 May2008 CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 1 of 6 Conditions of Approval for R-PZD 08-2915 (Hill Place) AS AMENDED AND ADOPTED BY THE CITY COUNCIL 1. Planning Commission determination of street improvements. Staff recommends the following: The applicant shall complete the street improvements required for the Aspen Ridge development. These improvements include the following, some of which are already completed: o Repair the broken pavement on 11th Street, directly south of the proposed intersection at the corner of 11th and Duncan, as part of the improvements to this street being utilized for primary ingress and egress, to the satisfaction of the Engineering Division. o Continue the existing sidewalk on the north side of 11th street to connect the proposed sidewalk on Greystone Drive (approximately 20 feet). o Complete the curb and gutter on the south side of 11th street from the bridge west to the constructed curb/gutter. Minimum street width should be 24 feet, face of curb to face of curb (approximately 240 feet in length). o Widen the intersection at Hill Avenue and 6th Street, including a turn lane, the costof relocating traffic signals and any necessary costs to add a left -turn signal to the existing signal system. o Improve that portion of Hill Avenue adjacent to the subject property where necessary, • to conform to City specifications. A six-foot sidewalk is required, at the right-of-way line. o Relocate the sidewalk along 6th Street to transition from the railroad bridge_to the Master, Street Plan right-of-way line along the frontage of this project. o Construct a secondary means of access to Phase 11; The applicant proposes to construct a 24 -foot wide public street within existing platted right-of-way of Brooks Avenue and turning south to connect to 12th Street. o There are still outstanding issues with the pavemeht'and sidewalk at the intersection of Hill and 6"' that were part of the Aspen Ridge project that need to be completed. o Connection of 12'" Street/Brooks Avenue to the site with a Residential Street, with sidewalk on the east side of the street as approved with the Aspen Ridge project. o All drainage improvements, including the box culvert, removal of the sewer line, etc. shall be completed to the satisfaction of the Engineering Division • Add multiple speed tables on Duncan Avenue, and Hill Street, the location and number of which shall be determined by the City Engineer • Add bicycle symbol chevrons on Hill Avenue (Heritage Trail designation), per the requirements of the Trails Coordinator. 2. Planning Commission determination of a waiver from Fayetteville Unified Development Code Section 166.06(K)( I 0)(b) to allow two public streets to be connected with a private street. The applicant is proposing a private street connection between Royal Oak Parkway (a new internal public street) and 11't' Street by way of a new vehicular bridge. The applicant's waiver request states that a private connection is justified because traffic from 11't' Street will flow to dill Avenue to use the traffic signal to access Sixth Street rather than flow into the development for access to Sixth Street. In addition, an analysis of an alternative design, incorporating apublic street with parallel parking, indicates a substantial amount of parking for the dwellings would be removed. At staffs request the applicant submitted this CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 2 of 6 additional information and an exhibit showing an alternative design with the internal private street, Royal Oak Parkway, as apublic street with parallel parking spaces, resulting in a net loss of 40 parking spaces. A chart comparing the parking numbersfor the development with public and private streets is provided below: Parkina Number Comoarison: Proposed vs. Public Street Alternative Use Unit Parking Ratio Number of Bedrooms 840 1:1 SF of Community Building 6500 1:500 Baseline Number of Spaces 853 Max Number of Spaces 1,109 Minimum Number of Spaces 597 Current Proposed Number of Spaces . 828 Number of.S aces With Public Street 788 Staff finds that while a public street connection of Town Branch -Creek can feasibly be constructed, in this case the proposedprivate connection provides much the same function in allowing a distribution of traffic to and from the site. The drive will be open for public access, and will still provide the parking needed to serve the primarily student population to which the project is targeted, a concern cited by area residents. The proposed connection over the creek provides much improved connectivity from the previously approved project, which ended in cul-de-sacs on both sides of the creek. Staff recommends in favor of this waiver request. 3. Planning Commission determination of a waiver from Chapter 170.02 Adopted Drainage Criteria Manual (Section 5.4.3), requiring that the limits ofmaximum ponding elevations are no closer than 100' horizontal from any building.and greater than 2' below the lowest sill or floor elevation of any building. Staffrecommends approval of the requested waiver finding that the proposed retention pond will not be a detriment to the residents off he development, and is designed as an amenity to the neighborhood. Additionally, a decorative safetyfence shall be required to be constructed around the wet detention pond, restricting direct access from area residents. 4. Planning Commission determination to allow for a trash enclosure over a utility easement. The applicant proposes a permanent trash enclosure in the southern portion of the site within a utility easement. They state there is not a way to avoid placing the enclosure within an. easement. Staff recommends in favor of allowing the trash enclosure with the conditions that: a. The trash enclosure location be noted and labeled on the easement plat for all utility companies to acknowledge and approve prior to the issuance of permits; b. The trash enclosure shall be relocated at the owner/developer's expense if utilities within the easement need to be accessed or maintained. 5. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property.. .. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 3 of 6 also be binding. 6. The buildings within this development shall be constructed to comply with the architectural standards and building elevations presented in the PZD booklets. Elevations of the structures shall be reviewed prior to building permit. 7. The storm water detention and Low Impact Development (LID) techniques (bioswales, rain gardens and depressed parking lot islands) as presented in the PZD shall be constructed as indicated in the plans submitted for PZD approval. 8. The internal sidewalks along internal private streets and parking lots as presented in the PZD shall be constructed as indicated. 9. Should a subdivision of land be desired, all applicable ordinances and processes shall be followed in order to meet city ordinances. 10. Public water and sewer lines and other improvements shall be extended as required by city ordinance at the time of development. 11. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 12. Future non-residential conditional uses in the zoning itriteria shall comply with the minimum standards for development in the Unified Development Code. 13. Phasing: This project is required to obtain all building permits for the entire development within one year of City Council approval, with the o portunity for a one time, one year extension. - 14. Signage for this development is subject to the residential multi -family requirements of Fayetteville Unified Development Code Chapter 174. 15. Parkland Dedication: Prior to issuance of a building permit, the applicant shall dedicate approximately 2.0 acres fora City park and 0.36 acre for the Tsa-La-Gi trail through the site, in addition to payment offees in lieu to meet the remaining parkland dedication requirement, approximately $5,600. In addition, the developer shall construct this multi -use trail to City standards, and will receive credit as agreed upon within the PRAB recommendation.. The Aspen Ridge project dedicated 1.21 acres previously, though the deed for this land.is still in the name of the property owner. The proposed Hill Place project was reviewed at the December 2007 PRAB meeting and a recommendation was made to accept approximately 0.8 acres of additional parkland. Remaining parkland dedication requirements include payment of $5.606.25 for remaining fees -in -lieu, and construction of the multi-usetrail through the site per City standard construction details for an asphalt trail. 16. The plats and booklets should be revised to address the following items: a. Label the building setback lines on the plats, i.e., 20' BSB. CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 4 of 6 b. Parking spaces must be 19' long unless adjacent to greenspace. There are several places throughout the site where spaces are 17' long and hang over a sidewalk (for example, the 10 parking spaces to the north of Building 16 overhang a sidewalk and are 17'). Revise the site plan as needed to address this issue. c. Plats: Parking chart. Change the parking ratio for community building to use the ratio for a private clubhouse, I space per 500 SF or I per 3 occupants. d. Booklet. Cover sheet. The site plan should be revised to show the correct project boundary and not to include the parcel at the southwest corner of Hill/6th Street in color as it is not a part of this project. Tree Preservation Conditions: 17. The majority of the preserved canopy (approximately 3.38 acres) on this project was placed within a Tree Preservation Area per the previous easement plat. This area shall remain as a dedicated easement with the new easement plat using the Tree Preservation Area signature block for the Urban Forester. The Tree Preservation Area may need to be revised. on the new easement plat for this project since the pedestrian bridge has been changed to a vehicular bridge. If this is the case, the boundary revision will require City Council approval. Additionally, the canopy measurements may need to be revised accordingly. 18. It appears that a construction parking.and storage area is shown in the 0.78 -acre park land dedication area. Please revise the plans; parking and storage are not allowed on the park property during construction. 19. The applicant shall mitigate for the removal of 110,970 SF of tree canopy with on -site mitigation to consist of a minimum of (384) 2 -inch caliper trees. The final amount of mitigation will depend on the disturbance of canopy located around the proposed vehicular bridge. Staff's final recommendation for tree mitigation will be subject to final calculations. Additionally, a tree mitigation form must be submitted and approved by the Urban Forester. 20. All mitigation trees must be planted prior to the issuance of a fmal certificate of occupancy. A 3 -year bond, letter of credit, or check in the amount of $96,000 shall be deposited with the City of Fayetteville before issuance of a certificate of occupancy. The actual amount of the bond shall be based on the final calculations. Landscape Plan Conditions: 21. All parking lots shall be screened with a dense evergreen planting where adjacent to residential uses. 22. 15' of greenspace is required between parking lots and the right-of-way. Show the right-of- way and 15' greenspace buffer lines on the plan. 23. Before construction document approval, the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 5 of 6 Trails Conditions: 24. Tsa-La-Gi trail is identified on the Fayetteville Alternative Transportation and Trail Master Plan through this project. This 12' wide asphalt trail shall be constructed by the developer, to be reimbursed by a park land dedication credit. All expenses on the trail must be itemized separately to qualify for reimbursement. 25. Trail shall be constructed to meet City of Fayetteville and ADA guidelines including a 5% maximum longitudinal slope and 2% maximum cross slope. One location near the small retaining wall west of Hill Ave looks to have a longitudinal slope exceeding 5%. 26. Analyze the existing block wall at this location to insure it was constructed properly to construct the trail behind. Currently it doesn't look stable. 27. Please notify the Trails Coordinator prior to construction for periodic inspections. 28. Hill Avenue is part of the Heritage Trail. Due to this designation, the improved street must include bicycle facilities. Include thermoplastic bike symbol chevrons and share the road signs spaced every 300 feet along the. all improved sections of Hill Avenue. Standard Conditions of Approval: 29. All mechanical and utility equipment on the wall andtor on the ground shall be screened.. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground -mounted equipment may be screenedtwith tall grasses or shrubs. A note •. shall be added to all construction documents indicatinK as such. 30. Trash enclosures shall be screened on three sides 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. 31. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 32. 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). 33. Provide a CD containing the proposed Large Scale Development drawings in AutoCAD or similar digital format. 34. Staff approval of final detailed plans, specifications and calculations (where applicable) for CONDITIONS OF APPROVAL: R-PZD 08-2915 Page 6 of 6 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. 35. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 36. 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. f. 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" toguarantee all incomplete improvements. Further, all improvements. necessary to serve the site and protect public safety rnust.,be completed, not just guaranteed, prior to the issuance of a Certificate of.Occupancy. ADDED CONDITION: 37. The applicant shall provide a guarantee acceptabloto the City of -Fayetteville prior to issuance of a grading/drainage permit in the affiount of 100% of the total cost to install the approved erosion and sediment control plan to ensure the continuation of proper maintenance of the plan. The guarantee shall remain in place until permanent stabilization has been achieved for the site. Once permanent stabilization/revegetation has been achieved and approved by the City of Fayetteville the guarantee will be released. AS AMENDED BY THE CITY COUNCIL 05-06-08 ___ - •i-iivi DEVELOPMENT FOR BOUNDARY DESCRIPTOR HILL FLOOD CEFT➢FICATION 929130 D711' 1.29.00CC"'. GATE 09 ,v =F 05.03.0..0.. , 0' 095'0 2/'/B 0 E1R� CORPS OF ENQIN€ERS CEI4iIFICATON C.EE+5�B_' 0 0400 OS GENE a,TOVISIONS 590.9 APPIAN CENTRE FORRDESIGN 217 EAST DICKSON STREET, SUITE 104 FAYETTEVILLE, AR 72701 SHEET INDEX COVER SHEET 2 OVERALL SITE PLAN 3 STEEL/VIA 4 SITE PLAN B 5 ITE PLAN C fi. 'ASTER DEVELOPMENT PLAN I ZONING AND OEVELOPMEM STANDARDS BY PLANNING AREA 7 GRADING B TREE PRESERVATI DNA GRADING 8 TREE PRESERVATION B 9. GRADING & TREE PRESERVATION C 10 UTLITY PIANA 11 UTILITY PLAN B 12. LITILITY PLAN C 13 E ROSION CONTROL PIANA 14 EROS I ON CONTROL PLANE 15. EROS I D'S CONTROL PAN 16 ANDSCAPE PIAN A 1]. LANDSCAPE P_V/I B 16. LANDSCAPE PLAN 19. SURVEY 20. SURVEY CONTACT 1ST A 00 90 00000 En 7220.. 400002 090 0 501 A9'_2['2 LA I 0 lAS 070 442 as0 2O 475 575 5,0 DADn. _OTAo'E 000 970,0 10111'290 000727'' 019 502 893 4209.2 _0550 40 4000 boO ,c2 ua CT V '009 00 .02S06A0. - EI01000.011, _00 270.' 094011.92,' rem ne n. 0 2 0 5 2006 0 .090 59007007202 NB $&0E4 U7",. B '* A N E. 0.O U'�"RRKANBP5aa`�a � I G LW Hill Place PZD - Large Scale Development STREET 5EC11gtl 5 ti Ill —smEEr sEcnaua TH EPL9@S® ______FROS5D__ Ufiff5 PRCPETI' WFORN.ATION =c-=_AA`E AP IA V S E 2 779 <z-<„-«0 -.x. an eye 900 7. 777777'71 707 0250', ,0 00 - 4_vA SITE PLAN •1. 20' HILL PLACE SIXTH STREET & HILL AVENUE FAYETTEVILLE, AR STP.EEr SECTIONS P°B„DREETABLE E Hill Place w=--- PZD- Large Scale Development STREET SECTIONS C PROPOSED UNTIE LAND USE TABLE a 4 F� J L JT6- E I_JT— 7r v a STREET SECTION 2 STREET SECTION 6 PROPERTY WFIXiNATpJ tvro3' l°1 STREET SECTIONS - \,fi-;z, y� ,r... t.h e9. AR^S 6TRE£T 6ECTIIXJ 4 / [ESS —ET nc cca'¢, s) s :xF2 N't YiURd'� ��wn ca' ritungy�, _ __ __. _— � nb U ECU --. � �� — Tom - �•; , 7� C — Q—. � RED TDUJ SEER U. , II FL _,.. Eq ~ HILL PLACE SIXTH STREET & HILL AVENUE FAYETfEVILLE, AR U�- s Hill Place ✓� rJ 4J VTT LJ4 PZD- Large Scale Development STREET SECIdr' 1 STREET SECTION 3 SPREESECTION 2 STREET SECTION 4 STREET SECTION 5 SIFSET SECTION 6 _ID UNTIE a€ocomes LAND USE TABLE PUBLIC STREET AB E PROFERT' NIFONUATION / / Ya //I&W / /4o/ re �„ o: _ 8' 80206 a[ ?F _4-42_5766 25 7 2_555_503 < . .... 3n -bee 227 885 D045DS''02'SUhI 8 LEI3D '. raMili39 .. - N'aPuPBf oe... az. s 655.22772 o=or-csLo _ O 20,522' 22-220 1272-72 IGIG _ 4 STREET BECTON 1 - _—_ STREET BECTON 3 J F r J _ 4 z r •J `rE Er S S vp" STREET BECTCN 2 ` STREET �C1YON 4 I � STiEEf SEC TIXJ 5 . ' a. PROPERTY INFORMATION Hill Place PZD- Large Scale Development 7r r HST3EE-f BECTON B - _H 4/2_SAX 5000520992 S .209 SPRSSEICA_ 45 APP A', C EICRS 09 Dross C XSTtVL_C AX 7270 44444450 — — 7 --7 :'iJ j Jj _.� ....� � 1/ - _ i• ._ . I ..�- = I 1�,1,yp i¢iA .fib E P PROPOSED UNRSLT _ BE']ROOMs LANDeUSE T SLE PUB IC STPECT TABLE LL Hill Place PZD - Large Scale Development PLANIING AREA 1 - APARTAAENTS PLANNING AREA 2 -COMMUNITY BUILDING •��"^"^" Iusrlrc.Uuwsm PLANNING AREA 2 -TREE PRESERVATION, PARK, B TRAIL DEDICATION III Ill-i r1 1LST/N Ey1PO� LEQND t , onv x.m BDJI."JARY DCBCFB'RON' ® ",s auw+sm uuuniouc �- m[ „¢rme. carom v w[ +wm,As I• or mc+,o, +res . M -_poo-,rn„,_rt PFORwRrvrwFORUAnoN[n ._, . E --_—PROPOSED ANTS LAND USE TABLE tH __.e. az. Rot Mv� Hill Place PZD- Large Scale Development EROSON NOTES EPOSION DETALS HE �«.'� 5 p-euee s:vuv snvx e .nu.v S mcrc.x n,x s,,.e s.sAw / / - -._ . _ PROPS RiI' L'JFOFUJATION c " • ?., �� �� o� t 'r .- a' �.. 41 �, F�ooDPLwverATEMENr,..eo ..a ev -- .1wa* \ -� TREE AyNANRAL AREA'PPOTECTON NOTES !' Oiiit'i/t ✓ - i � 4 + 1, 2 1 /\\ 1 YP� ke oErD 8.m, mars ES445r 4 .wee„ TREE PROTECTOR 2TA6"'1 0 ., II ICI41C11 TEES CANOPY CALCULATORS } LANDSCAPE REOUSEMENTS - ] GENERAL OI'iADING NOTEE 245 o n.w¢r sews ,I iNEEw c a I HILL PLACE SIXTH STREET © — FAYETTEVILLE, AR TREE SURVEY Hill Place PZD- Large Scale Development TREE S NATURAL AFLA PROTECEON ACRES I RODOPLAM SrATSJA wx ,� 1W/Ak1 Lr a / \ \\ t f \ Fps say \ A- 2d \ SC \\ •c. Cs s LESEIND =sc TYPES PROP RTY WOF ATOM SO s.a • s C+ R•.. o uu� �o� 5E -- _„T_ unsex a cx - — 5 Q vpv oeE xAv xeva xv Tu �pD I��pO APPIANe CE THE FO D.Evlf3 HILL PLACE SIMH STREET FAYETTEVILLE, AR MEE SUFVEY TREE 9 RVS'( --� ___ H11 ___ —{{ am. - o..r. _ es 1 rt FLOOJPLAIN STATEMENT F _ 1 SOL TYPES Hill Place PZD- Large Scale Development TNO LIST TREE d NATURAL AREA PROTECTO\ NOTES v PROPERTY MFORYnATgJ yl x - LU Frog .o TREE C NOS CALq TD H n as 'a- IA E u r .ax /— VURYV a,n -SS �n vs omm a.n J -- --' - //i � --- — LANDSCAPE FEOUIREMENB l�J yyy _ I -'o Fr 6Ai2 BV FE EROSON NOTES 50 �� o�oxc C VP?. ENSUNEE RUNE APPIAN CENTRE FAR DESIGN HILL PLACE SIXTH STREET 1 = FAY ETTEVILL E. AR PROPERTY WFORMATION Hill Place PZD- Large Scale Development TS< V /VJ • e ��- LEGEND a ,U71 R, GENERAL NO S 1 e I E.. EEw L n HILL PLACE SIXTH STREET FAYETTEVILLE, AR FRO?ERR' WFORMATION Hill Place PZD- Large Scale Development \ \ v � � v // / \ \ � � c ®5: LEGEND gs �u) r OLtaO Va L= �u P... ...ttWFIXiMATdV, a, I u Hill Place PZD- Large Scale Development II ii: 717 - III I i I I � I ssrssR-Erb ., r!'� 'tN a A • A fi - GSr NotRtn,ry EGEN© -_--- - _ U. - t TU UPJUERA] NOTES o.0 5z. -moo nn nPz er... Hill Place PZD- Large Scale Development / ht it- li / / ///ice. � r •• � 2'/ -.. ' moo Jj- f=l{ rlZi IIy H lT D E Al EN��♦ x T,N a ao r EROSION NOTES ..o EROSION DETAILS -0- c c=-, ]_ PROPEFT' w5FORr✓,arau . ASPEN RIDGE SIXTH STREET FAYETTEVILLE. AR Hill Place PZD- Large Scale Development _R/..ION 1, .t AL NTES EG€D s o:- liTT:I:EIi-TT® EROSION �NOTES / PR P°tNTt INFONN.AiIOTT, oNTRo ASPEN RIDGE SIXTH STREET -- -- FAYETTEVI LLE, AR_- Hill Place PZD- Large Scale Development ER„ C\ OE\ERA_ '10_-S .ate—o ?� .e S`/ LEGEND n or5.e.- -.:.---- .e .w:&F�.. j sc -- -- -- _ ,ham ,� --- ? F s `�' °J - Ci EROSION NOTES a L $ - '•I i: :11. I I Iz:Ii I, EROSION DETAILS 6Y � •.x a.t a.,ana " 4 PRO°ERTY WFORMA7TON 1 ASPEN RIDGE SIXTH STREET FAYETTEVILLE, AR jE TREE P-ANTING DETAL H H Hill Place PZD- Large Scale Development O. TREE CANOPY CALCULATIONS - - 1 LANCSCAPE RcOJAEUENtE S -SNUB P-ANTINO DENTAL� ¢ - f2 / s J r' �w� �_�/ raj. �T // � � � '�"�► 5-�OrlTeE PLANTING LIST PLANTING LIST c a [ w 4. - ., CSL S gip' I .J6Z _ :.. s xrosarwv��cs • 1 _ I � II< 1 {P o.x PPOP55Th INT-ORANTN I _ — DE ENTiON FA(Y-fTV�PLANTINOS --- L--� �� - jl PLAAnNG NOTES a >.,i .w= ��rD i I - %. — rJ 2222 - ____ : __ 1' 1 �„a, ur.ean cee ox — __—_ � .SON b ♦ � c9��eervc rveea rvoccluA j AP IAN GENTRRg EDRpD ESIG t` ^ \�� --- 1� \ \ am„n- arva°�nrN 3ASPENc RIDGE -'_�P �E L5HEETA -. SIXTH STREET FAYETTEVILLE, AR TREE LANTING DETAIL S ;ULANTlNC OENil. Hill Place PZD- Large Scale Development 1REE CANOPY CALCULA1 S LANDSCAPE RCOUgEINEN-E ij _ s5, PLANTING LIST __ tee.._ PLANING LIST PLANTING NOTES I L = I I El 7 LEGEND - - TREE PLA'.TWG DETAL SPP.UE PLANTWG DElAt Hill Place PZD- Large Scale Development 1 EE LAND CALCU.ATONS , ry� LWCECAPE REOUIR VENTS PLANTNG LIST I - L <. -- i LEGEND G LEGAL DESCRIPTION: TRACT 1 OF PROPERTY L.NE ADJUSTMENT PLAT #23A-000132 PLOT 1 00®(1 U140ANADONr NT FLAT Iltm tort x[1000 AT Put 214-200'32 41 0010 0)10/1 CUSPS Dm00 Or NANOW41Dx 000)4110, BONE 0[00195 ON sa0 l, sOx, SOUTH PSO 7140 541/0ESC 40AIBm[n 4.6, 5080 A PAST or 14)nmrl r 1/2 m TINE x03 4./4 Or 5;04121. 1-tFN R -3D -A 4)42x0124 Lnun7 Aq 004800100454711). 0007745081 0000)0 00 TIC 100PTH010T 1/4 01 1110300149)151 1/4 14 SAN 5021214 21. SAO 01111 BONS AN 001140 Rv, PIP). 71000E 5070104.0 0040 140 SORTS 051113' 140 SOb SF01119214 5510)404 0459212111010)09014107 420 :814)2 1)1043 54754240 41049 1001. 120121 50249043 21414121150472010E 40144 54•)441411N 9147 m o 51 1) nrvxo, nr,rrc m=.=n... nr:.°. a....".... I104012LW& A avlm 101101181 4112 A 20095 Dr fl 1m: 1HENt[RALONE A C+RK N 1HF1m Du -IAN 01 04.0) 7071, 515108 lOTUS 0)2420 MSC[ 1.355002'0 174.18 1001; T1)N¢ 00442304 12031 TTEl 1020401440040800110)1014041012510)4440030031.5010(18 00)402 0)7.91 FEET 7H2002) 142330278 0.2) TOol, 743400 )0010 UI 8w 11 L804 411400 557A AN00 01 15.52 1001; 101x00) 50253240 41.191101. MFNU ALONG A 0402E N 1A001)1141H491084 4N A 9,9084 5141.200211W 01541401 OF 34.031511; 1901004 425410 4040 71).) 1201102 ALONG A 00044E to RHE0Cr WIN A RADIUS 00 220' 10010402 0154115110 00)05 0013250'2 40.3)100?, 110401 50127108 1744 10)01 0118 ]485 1¢1. TOGaf 444326'X 515.44 1411 70 AN 20044E IPENN 08185004510347 OR 40)1UNE 02 M BJR/NCilw—u14MEAx 0)501203 10)0100 0)801100 111 FAT 0810 —m —WAY 00140 01 S4) 040104➢ 0322431')1 52e' 1111 TIGN¢ x321721'0103]4 RiT; MOeC[ 00242521110351 R1: 12080E 4291501 [ 1000221211: 12540 1121,9302 1)1050 7171 1224[[ x1¢'44'tA'F 109]1 4011; 'HENCE x17-12'202 '5050407' 10100 v8512'441 4)221 1¢1; 109100 20110E 111.21 0001. M[N[r 40536'2 41 112 03 1001. 112x00 x332301') 7214 1101; 12230E 143521'O3t 41001007, 1)1/NOB 104240511 1010 TEl 1001)0) 5501423') 'S 13044 1007, 100300 et At[ cn 4ro 1flAN DN )0 4112451425940001,1000030180/0)901040204450104801086001_21_44) 00410471 nES 2000' 4C 040)42lwr a' ra 52/13 /NEED 10000 BD (81514TH mEE1) 10000 02080 40 Sw 0104 -D1 -WAY UIF 01 070 14130001 S3nY4zt 4D.ea 1001 10 004 4A 557 1 4[A 2615 FEET N ANSE45740 ANC NWJUG'T IxLN00 2521550') 140 IR1; M0400 ,[4040 540 204'-02 WAY 5014420/4 5130 .)1201;4 TN_ ONmnA DN 112 05001 YPM A 01085 01 315.58 FECi AND A 05107'0 01 50.05 rot,; MEKF 00251141581101 10)140[ OA' A 4240/ 5lmlrw-441 0)r 1.00.54. 5100 45:0 -¢PI 400001114 910108 AS 05 00021115)13 0 0 21 115)1 3 (1))00108 LESS & EXCEPT TRACT 3 OF PROPERTY LINE ADJUSTMENT PLAT #23A-000132: 104011 01 P0090EV UN) 4Ell) 0041 t flUt0--F si iso` pA .41220-10032 AT INN 0.0:0)1 cUCells 011100 OF 405x440114' roux1Y, 40x4 0[5x051 ox 5410 4241480011 Dim N rnY a rArz PAR 0)10400.0012 '/20)041 50AM5701/1 0r 50010) 2F, 1 -0c -N,4-70-440000)542104 CWNT, A2aNSA5 5200 8250 PARn_U.ARLY 00)000400 21 E018800105404) IN 52019410' I04101 0' 142 N 1/4 Or ME 1NORM I/4 010 20104 2L 6412 900)41 3040 AN )1X05'510 IAI' PIPC, 1xO80) O 010415' 0 0/108004) 100410)380 011)0) 1/4 of 105 IwR114007'/54 4 01 541040010421 A 0014140000 820.100001 TINE DI BLOxNI 0 1)01 03 0745'23 W 0.001101; 11240E ALW0 A _/RK W M- 10[27 0110) 0) P0)0 US OF 03000100T 02 IS 040[ 4 12124.151101;350012 143.02 1O IU 741148' 44 0.20 FOE) 1187400 AUON,,N rc 30002 IET A"' 0STA4ci/a n6a0 TOO; T )000 4µ`400114040 1'8v' 0m�10110)20011008040/42010 6z0ilc'O 0[78413 550015000000101710031045 0' 3140 32'48' w o.W Im; MEN¢ A'.oNE A c001E 70190 LFrt 40Th A 1AOu51140207E5T A 05178401 21 51.00 ITS 70 04000)541740' 00' 101. 14040E 1101404 CURK WTI[ RCN' 24111 A 14045 aT 301.14 FE[r 40/4114003' ]6.01 rt1; THENC[ x 141750 4005024101 CEI 0404 L R 1015100011 WM A 055141 012003) FEET A 3101AN00 2725,531001 11080E N 4441'30' W 4013 1271: 100405 101101211 N'TI01151 A 051070E 0013.18 iIIT; 71F3CLN 594014 W 45.92 1201: 132x01 N 53'52'54'0INKS F[1' TiW0) 3530' 8 000 10011 02 0540) 01J04L N MF RICHI 01104 140:05 Dl 54544 FEET A OISI4NC[ OF11.f01t0T, TIWCE 5 593254')1 12060 FIE); 74240E O ' E 4DN0 A C/NK N 410 001 YOM A M01/5 OF 514.20 FEE' 5)5714010772.54 TOOT: TN N0 5 459132' F 40.)31001; '208DE ALWe SA4C0 81300THE 12110tH A RP91US OF OIE OOf01 A 3014,00 OF 33.43FEL'II TIEN0E S 7423'34' f 0AG Fm: n2e0E AEONS A LOROh 414E ICFT WIM A 5A 245574'E "103LACARKNNIIMIT 140.02 10114 2141.1)0)01 TIEAOOSISSO'44'E 000 ITS 740400) 4040/5 0)z 205.03 740 0041 Os wTOE) 10110)3075:400 0003 10 140 00414410) ITP 7 784. 0TANCF 021&34 4114 TE_x 6I 10021111,105404000544 E Oro I., r a 10114000751,109)03045 TAi,E ` 0 57040 14 125 1 LEE' ]4515' L D011LL4 C 0K W FlF 011 WTM A RAD 3400 1001, 100.30010 P 33' F 70740 1 OF lEON11.N0 400)0 0 357 REA 461E 000035, 'Art 3, AN SAS ra 7902)1 06.11810)1 03575-000)7070 1 BEWG 5004101 1)110 112 2RN1-Or WAY w Hu AVDWE AND ALL f/�IC315 0140/04014111_01_4)13 1 102.019 LESS & EXCEPT SIXTH STREET RIGM-OF-WAY: PAN16 110013'. NI 01 000)10111 ONE A5,U01NFAT PUT ROD FW 100240 AT 9041 201-000130 AT THE [10041 0.00415 NRCE 31455148,131, LWNTY, 0080 06011500 I1 321100173' 10404111100 002005-3495 44 1000080 PITIES 14) 300110 1/2 01040 SDJMNffT 1/4 01 5001))15 1)0,144 0-35-4 4)33 170114 003x11 039184540 00008000 PAVn_U.AflY 060091 AS 0130 O1 mE 50/1x4131 4 50)00 x03 / a111E4440m110) 045 0501x11654 u 867455' 31.040 0)1! SOUM Ox[ 01 191 002128(0)71/42011. 1CnW 16 A 05104[)1 01 4444 RL1 I0) 10)0044�n 0010400 1401 02)1)400 lTO FFIN PUT 7 01500 1044) MO' 0 0451435' E L 1 212054 107 4)010100000145740001, N 64040 w 5) STANCE 01120.43 627 04242 N 495051 W A 0 040E OF > FFLII T+602202002444400440000000000104000 40.24 4001 0)O))5000Ai 11454000004008' 00 5043 7)55 L'W A 000041E 45.74 rtE1 T01CC x 0514402 214234 0)1111040000710144 45000145004 20,141011 101010) 1074142'W) 01570400014000 0) 12017404010401040' 54 I107 'A"D A 0f, 0)4 0 1Ac 4 f001 AND A CE lT04 412015 01 05034 A 5514820 D 203 1001 TO ONE 9041107 40°!04040 0001111 014 115 00100 NORE 0e Lai N T __415. a °9e o�0po�o The le of 0050- ton above shown hereon 9 D r the , ThIDO p144787040) 'Zero d's'once° courses when oen) ur,,e curves Thos et prose proceeded 0'.'q_°')0`� 18''0 03 the ¢toe' 110 " tl rect vn for the subsequent c Curves when ore 40)01 epreceetletl by ry 405/aloe' =oars¢, are tangent 0)D the ore=etl nqu parse Trost 1 shown hereon per Property Lne Adjustment Plot 23A-0132 s currently owned by oomyc Broyles Commerc al Fund ng, LLC par 001180)89 Specally Womanly Deed fled ON Doc. Nv. 2000 06326 ontl '10lOdes ports Of Wosh ngton Count' Ponces 765-13004-000, 706-12505-000, 765-'2894 000 70)0-14453-000, 765-14960-000, 765 '4958-ODO, 765-14956-000, 765- '4957-000, 765-14959-000, 765 -14954 -Oslo, 765-14953-000, SW CDR 765-14952-000, 765-14928-003, 765-14930-000, 765-14961-000. SW1/4 041/4 SECTION 16 T614R30W TRACT 3 LEGEND ±0.36 ACRES 11NJT PARCEL)) o 703140140011101E/IT C TY bF %AYE'TEVILLE 000 N0.2O06 9654 o SET 401/82)1 760-14950-017 / 4.1 ES/TOO) POWER POLE o EXISTING SANITARY SEWER MANHOLE CD // 073ST4G WATER SALVO # E%ISTN0 FIRE 4105041 j —0 000140 WATER METER 1 • EASING ELECTRIC P0(5110. 5.500740 ELECTRC 1RAAS'0RNER BOX / A / 02 EXIT 40 CIY PEDESIAL /l Ex 5440 C>u Box j / EXf EXIS'.ING CABLE CDNDU.TS O� / / ISTING TEMP. POWER METICiAMP Y \ si 0001NG SAN0APY SEWER LINE // I� � c EE'n EXISTING WATER LINE 0) — EXISTING 0212200 210140 c 11RCL P 0661NG 4' 400)240 IRON FENCE / Av / // ��f d 'N. •A = Eg6RNG RC STORM PIPE i/-// tr aa —°' °° °°—�— EXISTING CAS UNE f/'s �/ E➢5TING 015010050/90 TEOE LINE /- // -/ +� 9 '� Ni 39DERce0uN0 OLEO. DIE 6' // / « PROPERTY LINE//� ,///9 - - - - BUILDIN0041// G SETBACK L , V EXI5150 FASEMENt LME Q' \ ` ND Rights of way and Easements are shown '199001 04 Per documu ent¢ 700/ ded to the surveyor. mec Additional Rights of woy and Easements r ..Oed IF not o part of the public record, mop or may not exist that 111401 the s0440) properly. Traci 1 subject to Notice of oeea Reelrrclion, do etl February 2, 2007, ontl flied for recortl February 6, 2003 IN Lund Document no. 2007-4-417, among fns lNod records of Wasning Cauniy, Arkvnsys. ASSES OWP hereon os "Riparian Buffer MitigoUon a thep50400504 aeas referred to n sold document The Ripories Buller 0.70158107 Area is shown hereon a cr,bedU e said document only the perimeter of the urea Is morketl on the ground with white Te posts. Tract 2 subject to Ultity Easement In bvor of the City of Fayetteville, Arkansas, a municipal corporvtlon, all public utility companies, and 0101 00015 television company, dated March 18, 2005, and filed for record March 24, 2005 as Land Document No. 2005-12402 among the Iand records of wasningto, County, Arkansas. TITLE COMMTME01' This survey references Cnicogo Tile nsuronce Company Commitment #0707941-959, doted: Feb 14, 2008 CERTIFICATION To: Place Acquisition, LLC. and its successors and/or assigns: and Ch'rcogo Tills ins/, once Company hereby ertlfy 0204 11010 is a true and correct survey OF Tracts 1 & 2 01 Property LIne Adjustment Plat 230-0132 and shows the true and Idled location 01 the bull ding and improvements situated 01 such land and any I,semenis, rght,-ob-way, setback Ilnee, and am' or restricllone of record alfecting the property s 110'00 that I hove observed o of which hove been mode o Observed ev1dence of possible e.... chments from the building and improvements onto any Noolment, right-of-woy or property ;nos oro shown nereon. The property surveyed contan i. 29.74 acres (2677 les rights -dl way) and n porking spaces, and portions of the property ore located within hood plain Opens Os indicated hereon. This oslo certli th04 Ills t and he Y psi i 84X10 r is booed a made in =o'tlance with rvey o `I\ yi ALTA d NSPS De toll Rea uidements for ALTA/, 2M ,o 4, Tale Surveys,' jointly estodlisned one D. of by ALTA antl NSPS v 2005, and i Aocuro items 1, d 0 0 6, ,(0 7(b)(T),o d 10, 11(0), ntl 14 of Table A thereof. Pursuant to the Accuracy Standards a0 otlopletl by ALTA old NSPS old ec{ on the dote of (hie the St.d 0 undersigned further ye that ,n my professional 001,114, a Old rveyor Oh hOhel0 in the Stole of Arkansas, the Relotive Positional Accura of this s0) done0)a sees 11011 ry rveY wn'Ian is spemnea tnermn. Allen s Y Arkan os Registered Date Proles anal Lcnd Surveyor No teat \ � , p `' STATE OF V. 4 OE.4 ' A O�N441 D, .02 .00101 . sx n "7I --5181'01 ,4 34 cN .128 �" � x tar U0'1 /FN a. v?, Q- 10\0) AN7)o"/ - , E 0,490 m ry. vn% TRAC 1. :4.Y d°m Fdm o40'mym d� ZONED: RaZD C4-130]1 ! SE CDR NOTES. Tracts 1 ono 2 subject to Reservations, Restrictions, Easements, Dedications, Riggbte of Woys old Setback Lope os may be shown upon The Property LIne Adjustment Plat, filed 001 record as Plat Fie No. 23A-0132 and the Floor ded Easement/Right-of-Way 000010101 PION field Id, record o Document No. 23-208, alongwith Amended Easement 000 POT RI antl Alfitivvit of Scrivener's Error, filetl for re aortl as Lund Document No. 2006-19048 ON the recvrtls of Washington County. Arkansas. 90094 on coo WA mop locction and graphic poll l ng only, portions of Inc property o shown hereon orein Special Flood Hazard Areo Zone A which is determined to be on ores inundates by 100 -Year Florid 0000rdog to Flood 17 0110,05 Rote Mop, Washington 0ounty, Arkansas, Mop Number 0514300092E. Mop Revised and to e0 published May 16, 2008 per rmation provided by the City of Fa eltevilIC Flood min 14014111 , m f F Floodwoy and Fl004ploln areas 4909 oifeathe subjeol property CS mops i`edocoie unofficial property and which a how. hereon. The locations of 40ilales PS slyer hell on Ore based on aboveground structures and recor0 ocoumanis provided to the surveyor. LocaTions of underground u611tlNS have not been field ,ntled and may vary signlflevntly iron locations 31,104 1erpon. Additional burled utilities/structures may be SV000F10,ed. 110 8500/47000 were rode during IT, progress of the survey to locate bored /1141-es/structures. Monuments for the external p7operty 0 o nets of Tracts 1 & 2, less and ex o=pt the S 081 Street R/W, wore found and/or set o shown hereon. The internal property c along the boundary Imes of Tracts 3 and 4, as well as the R/W lines were Vol nonumen)es os this silea still under development. 5ubje04 Property is o p1: or approved development titled "Aspen P.Idga', which 0,05 started ev II 2004, but n er completed. Nry o obeeetl evidence of construction octivily 80144 recent months. Tract 1 is zoned R-PZD 04-1307 (Cloy of Fayetlevll le ordinance 4672). Building Height le restricted 10 40'. Tract 2 ,s zoned RMF-40, Resioeniial Multi -Family - 24 Units per Acre. Part'ons of the Wasted y side of the subject property lie 0/Olin the FoyeOtevlll, H1115de/ Hilltop Overlvy Oistricl, as shown nereon. Building Setbcok Lanes shown hereon per Plot 235-0132 and Plat 23-0206. Bearings ore booed on Property$ LIne Adjustment PletaI etl IO, record of Plot 23A-0132 VICINITY MAP NOTES; Royal Oak PO4 -coy, Wynstone Dnve, Grocewood Drive, W. Sixth Street (Stole Highway 1BO), HII Avenue, 115/1 Street, and Duncan Avenue ore all dedicotetl public rights of way. Where they meet, the surveyor Is Vol aware of v y slips, gaps, gores or other properties lying between .hem (a'' e) than those orooe 0540000 as 'earl of Pr'Ivole Property of Tract 1' sf00n hereon). Grocewood Drive e o dedicated public right a1 way, but has net yet been P On5,ra=ted. N 0705e_tlD.1- 5 `1,D. �5 antra •E t —.—_— A r,A. e _.—_ en —_—__ 3b'E'.-=.. '04- ; dl *'&I ')11E40001Ni'21l J E DLO OUNCAN A E Y - I = B ^" R T is '- W VACA ED PER �gl,301)01148,001 140 .4702 •' rE - , 9E x. a _ m 9-w ti� , :ACT 2 CE= i-----: ±2.64 ACR S AS 7 -SCR B`D "- _ 01 ±2.46 ACRES LESS R/Vx � 3 0U PARCEL g' Z ED 24 [t' 2 Ik2Rt' IS� z„ 'f s`3/ NE CORNER �- g .�-_„� SECTIOE,/4 M121 /4 SECTION 21 � r�.,� - 11.0 P.30N 4 N0) CDR ` OL0 ANDER5DN P000 IN. Et/4 421/4 1 R�1�� \ ` ' . 080 SECYIO21 e}n'f- VACATED PER 8 T16N, 30W v( .r, ORDINANCE NO. 4702. �'- �3 i I,y rc RACT 7 c / / 1 s 000,0710020 ,4- 30 J 8 w r- D 10.36 ACRES —Doc No.20D6 0694 08 0 0 N EN N U 10 a W H 08 O 7' N U a Z Li Li H5 4- F C I- W C Q P Z n o c Li w� 20V0 O J Z >11 w O 3 N O r7 08 Z 08 -S Z O (n LU LJEVE JAIA HOLE V !l N I 4k''y--""�_3`±?-` - .�,i ..qx\ —U NUMBER DELTA ANGLE RADIOS ARC LENGTH Cl 4}2107 8750 66.20' C2 59 14.50 ].' 67 _ -.1878 C3 C4 _ 631509 58.50 235214' 3750 _ 69.58' 15.62 05 42934] 4]50 34.63' 06 1252702 250 5.47 _ E7 - 08 1215'27''i5500 126.36' 3719 09 33200 95,40' -F C9 504209' 20000*f 176.99' 010055939 20030 3.90 CIt _ 145931 19653' 51.29 C12 140942 35776'j 76.07' C13 ll 081020 20307 28,53' 014 015 362315 50000 014117' 54649 7316 16.10 016 062315 575.00' 75.59 C1] C'8 061042 21600 1 3942 T 32375' 3083 8000' 019 146932 6000 470 020 582832' _ 18407 26.68 021 --F 022 574202' 21607 3]1909 } 264 D0 191.14 184.98 023 114244 �_ 61600 125,92 024 31'31'16' 1 2975 16.37' V.! '// '�rz=kss�kl,os.Rs - ,',' '.' �.' '' 1 e a; /% .a_ , '�'� TRACT 1p < /<,;,'.'TREE PRESERVATION AREA SHONlN t1ERE0N_' y4� ��' �C—�°£,� F. ss _ -'— pfR'EASEM_NYRiGM.Dr LLfWr d, 11 F l ,_ .! mDARN SIiADED AREAS >a. \ < r¢.:. �� �E �+1 SHOWN r.EREON ii' REAS\ -" �'. - DEPIC /`} }, ✓� \ 'E" x PER sNTS I ——'—— g AYEDICAOa \•°-� P,AT #23-208 £s u PLATj\a•<,ESS 8 / g' '�_ ) :" NOTED D—HERWISE) /e' C^�,_ TRACT 1 \ ------ J / r ±27 10 ACRES AS DESCRIB ,�,'- L 93 t�" ±2c 3', ACRES _=SS P/1. !a '- \ `' + ° 50 0 50 100 A GRAPHIC scAt_e � so // a` il? .pry/ / - tu ..;� 'V / � / /4,.'.,.A (a�� -�' '\-a.__ .\�c�y .' ��s atn t t o ¢1950 a0 a urve �� �/ r� %^, <; 'a"z \ \ \�"s" �\� � i�a CI757,2Y I to tat° go„''e II �S �5. '� a o g t5e es sl'ng � � /// "�� ,� " ������ �/-.�% '�. \ k �� //-= �.\ /'„ I — ti to '' RACE a f \ is t ±o,as ACRES OU'—PARCEL` j ak v Y / A iI ;, Ch" �F FAYET7EVL E I - 1 \� E oc vD.zoDb 9693 I"r o Q \ 3 (� it __�. TPA .C I " �a 1 cn s� - — _ n RP D4-1337 < 2C CJ ZD r _ i J 7e 755 n 0 I "�_`�--•L ,tP R -�--_- �, - __-- _ as„4 w 72012' a) .p m"I� e -- O > SW GOREN 5�5. 'T^ C-REE� ti.p .- ---- --_ } ,gI Q � W z Dv - Li U C 1 I - 165-<_e¢-oo_ - - —.- b rr.o2 a ! so G:\2006\083D'\Survey\08301. dog 0 U 0 I . . . . . . . . . . . . . . . . . . . . . 0 N a- - > 0 e -NI Cfl t C) i n o ; - - -_ - --- - - : ; § -- \\\\\\}\\\\\:\}�/j\\\\:�\/::� in : . I > t }}}}\}}}}/}\\\\\/\\\\\\\/\/\\\\\ @ |eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee Z i ° b - / - | _ §}}}}/{\\222=2&a2§a929) ■ ± e O eeeeee...................s....... m N n m a d m F_ m d A a A F_ A O_ D s �+ H n 3 n C 2 m a 3;�3'm 33m�"3 mn1GF nay off$_. n��.Xn ' P�4 3 O n 'm 3< =d o c m m d m o > 3 °i o m o a a.;o '^ '..3^ea m3W^'-i°3"�a3o=. „m,8 gd o"v o Z≤:an^33@��mw3 ���.a�a'A3.v�gpga a"`';3r�3m3�;p n vmmo 3nm a�=�o°i3dO1v�m3'T,�m$ g�8 ma 3rnd ^ -I �32sd3<dFy �gDFa #per �°esa3a2 v ea3dI�pe$a? B iSx=`3`" pSn .-�Uo .'. ars��e � &dosma� v N W z` �as3 NO x m s gym ai �o of m. E? k a�x . kn gm'g � N - d2ftR $o <:a, ow $'si era= $ Y�p�Eae o _ 3n$ o sa eg8 U g 2• n3 3 � ' e C) mm � s v m 1d '�-' oa ,•'-t � aF?$'0003CX,'� Z =nQ r3� 3< f 3F �: _tisti -2$no- 8 s a&odm a Ee o3 a s �e II_ 3 C n c Y g9; flftC 3e3 n�n34=o c�F-z2 m3�Y =3 <0 om < 0 mng nn 3 oa ac 3 g Fa -� eQ p Ff�w=>>3s og^�eta; 3o 8=fin= 3<„ Q w d� uTi 3a3 23 E Qm�an'a�^me ng 3 a� `8 $�'Sma 23$23g -'fl 3��3 c z 3 F� p.g�g3 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• eee$eeeeeeeeeeeeeeeeeeeeeeeeeeeee 0 ® E!I!P lm m !P ]§� 3 \, 2 a ( �- »^'eee iz ( C # }{ / ( } i 3 7 CD ( §a- �O `© �CU O. 777/ / 7 —33 „ 2# }* ( `� 3 ® --- \ ; kno 30 I 55? \ }CD !$ in a aD 0 % $\ ;;; |eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee | J1 2 ) � \ § d ° § §!!■! � § \ Lu _ _ Fr eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 4 I �gm 71 m m m \ eeeeeeeeeeeeeeeeeeeeeeeeeee@eeeee I I W C a 70 (D 2 � § \ Q \ § / 0 2 3 -J 'E S' C 2 k !\\� , {7 2 2 !/! I O «! ! )k({� - . | 3kflk ) -� f { kf|)f ) - �| ;Hi! ; i7 f�� < ®»:: t 2m!!!!a . - ,\{ - !,C . ,. I§ ! 2�� • o/$### I»7�a�a �- = 2JJ �! E![|! \ :.t! « 2 1! 2 2 ac `= |k( { \ 000 see fl \■ i §| .42 E_ _ . 00 f _ f \/{ $k\ ih! _ ) ( ;L : »#k7 | /) .O oJE \ ! � ) § |E 7(k )®/ ) -E - g .C !\$#!/ k§ . i {§| ®--®' ` ).=!!■�a - 2 . uJ! &2 eeeeeeeeeeeeeeee$eeeeeeeeeeeeeeee r v I I to n m r ti O z a z z m r m 0 z n 0 3 c D W 0 5' I® z O LU C mT Y .C 73 E E O U Y 5� v a - z= s zn 2 z -n R om ov z pRc> am om m o o b R om Z - dy E� E� Ey Ea 3D 3��,2d z 20 �Q - mA �F �D m a ! dII 7 i m _ C o 'w ; 3 o y � N m m z 3 C 00 00 aCD Na CD I gag cm cD oa�p o m aD n amo = a WC '(° N m N O d U O a 033 C az sK of o� a V r z z z O m w m m m m mmT 0 z m 7 QO m v m v O z i•••••••••••••••••••••••••••••••••� ) § E • ! ! | § o , k | ) } � | \ | |! !} ! i , I_ii IK \ _ &&2 | \ if \ ! f /f{ .,.fl w,p ! i j_ ' | _ k\!,7\}, § , |!/!!�3lg§!■ ® |a 1:E'C5 C3C §! k ! !§ I ! ! J * ! | !!f| |� ■#�!� \2!!!!` !§ ) ( # g ! ° h:HIHllntI \ | & ` g, eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee o°om a?,�= F` Ze^-g'"mm�.a. v�nd� A gQw�₹ m3Sw n -1"'Z'a �.�o m r a rn m x g3 a� oaRe n rn �a.a z a Ica ' o m3=- ai o$Fg3 2S as,n fie. O. ^?_•Y'o�oo�axg.o�sapa�aTy Hil 3�3 Hill! c�d`U n n d° 3? � ilifilillilliD y '�'yF n a. ''Xo; 'o a Nsg ?",ae �m m6nm? o rznn ¢p xgn d . g� N j=e� m 3R -8,°a xa3a- 333�gm" m ac ?.A. am`3 ° `W' BoaE<'BaaMazgaasr v 3�8^` 4 d� a�daga`3�a"d nY�=Q9aa�dF�g r �n'no a�'2a#�ry 8 g"c�`BFjso�c�1D3 0 �`BnQ� 33 3o,oa^nn o3im�.l `" 3 mn $8n 4 n�M aF F.�S. ET�w�3mnR sr8 103 `—� gm—.td3 rr333 n F F F a �o8 g dim= 4'af°�u��o8,$m (' 0. - m i••••••••••••••••••••••••••••••••• ;q��a>a��Q _ucy�mfiq—�'lo�£ec� flU qI c.c=$n3_ £cE ,E._�cdEow u Eo;'uf,i .EE `moon b'E;Svo,a� •a£'9'a°12 cZzcc&�,Q 3rn�'` £5q«coE$'= LLAcco °�' �ca81 S �89iq;� Yam =g c'cooau �hA me $F Ornviy�{ pp no,&�.n-m"o '�£ g y�yy,; 5 8 p� £ «c u E o ,9cs w£ yi ≥ m a q e c U m pia �£ a� V Y 3 a 3 o c a C"oo 01 m mc'g 5a'E58'c'wc �'';�"y3�a pnwLga gS�x9°'08«'qc9 n�Qi%�z Cg=p80a��9v N N,c E Ncm$C;N aE£n o'na ^>' $�p HQj gs En 3 NOu« ai0 >&a B <>°rnm �$ oc°�iF LV° di fl_ f ga U ��gs o. og $_E $ Em s«m§o "= A& f .3P mHa3 �p 2au«g- x3$gnE �c^r3 UU' m E am _� E c- a$'°E� °' y=a''� o cao� ;6. cuw b mt�3�P m A a°Ea rn- ui, y C'm' 10H wq-= c3 $`m .'^,� °15`3 Zp Eo €a F=o E`ICo 163g - c3: 6 y o o y ft o s' w — 8i c° a i o qq fy Z � m a=` !fli m gl�y m'-._ a flui m $ Cg a'^ � ou !iftllii _`V! ._ a3mmzuu ,Ovi3�com n3� z a f= w�$:2H EEa c�c Egggs N E01$ D « W W y g E. E wE c f' a 8 Z8c13Z -_ w w omrn pq m E & O b$ $E�y a°l�`'J z cwm� 00Ev CMG m y a c u A N o c 2= g ftwv a.- mq' o� ac �.s o� oLL8 m d`L DU cEac tl gLL •O==U' ~yn x= a�; oc 2 oN g5' 2OC` m ° v a m z° 2E O 'A0 p� dp O z w Nu�Am pS0E vL9�i Big y°a' y£ ,quc� �_ U ,ns�i-:z ,o�u19 !'o nac m3 < H3o�£ m m 0n OV)'. .i¢$m - J};21fl2 ®;! {f $!! |(!/ /� �(( § \\! !§{$ {a ; °m ,, o--2 BE; �«- ( NJ { \!| )&( !! !!■ ! }k\/!|!} !!� Vii\//R (\| 2 [ r,2■ \! }I§7}( a-'" E|!! - 5 �. § G#, !(a \7 ( I _ - !)2 !) - a:2fl=; \\ { \ } }\$�� } _ r , |eeeee............................. (6 10 08) Clarice Pearman - Res 119-08 and Ords. 5145-514'1 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 6.10.08 4:29 PM Subject: Res. 119-08 and Ords. 5145-5147 Attachments: 5147 R-PZD 06-1883 Abshier Heights Ext.pdf; 5146 R-PZD 07-2793 Forest Hills .pdf; 5145 R-PZD 08-2915 Hill Place.pdf; 119-08 Neighborhood Master Plan.pd f CC: Audit; GIS Jeremy: Attached is a copy of the above resolution and ordinances passed by City Council. Please let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice RECEIVED Arkansas Democrat Gazette JUN 10 2008 CITY OF CY ' CL RK OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville —Ordinance 5145 Publication Charge Subscribed and sworn to before me This/0 day of Qom_ , 2008. &LLdv My Commission Expires: Do not pay from Affidavit, an invoice will be sent i Y ORDINANCE NO. 5143 AN ORDINANCE ESTABUSHING A RESIDENTIAL tt PLANNED ZONING DISTRICT TITLED R-PZD ST 1AJ �I OCITY; OF FAYETTEVILLE; ANDADOPTINGTHEA ASSOCIATED MASTER DEVELOPMENT PLA 5 ' BE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, II ARKANSAS: .+ 'N.. Beglon 1: That the 2aning blasaificatlon of the following described properly Is hereby changed as rolows: From R-PZD O4'.1307, Aspen Ridge to RFZD 08.2915. Hill Place. as shown in Ezhlbif •Aand depict- ed In Exhlbh'B'.atteched hereto end made a part hereof. Section 2: That the change In zoning classificetlon is based upon the approved master tleveloprtgnl plan. development stentlartls, statemerc'of corremrlynanto and the conditions of approval at submit- ted, tlate7mined appropriate and approved by the City Council; tell/rem, that the Conditions of approval shall be filed end available for viSaIng In the Office of the City Clerkrtreesurer of the City of Fayettaville. Section 3: That this ordinance shall take effect and be In full force 91 such time e9 allot the regdire- mente of the master development plan heva been met. Sectlon 4: That the offkiel zonIng map of the City of Fayetteville. Arkansas, is hereby emended to reffact the zanIng change provided In Section 1 above. , PASSED anI APPROVED this 3rd days dl June, 2008. APPROVED: 9, ATTEST: -v+. " ' .4 By: r: :.rBy- ' ^ 1, ." DAN GOODY. Nqn Lt SONDRA B. SMITH. City C1ak/TIm5 t m - EnIrIbIt A to a map and may be viewed In the office of the City CIa, Treesurer'during normal busi- ness hours. . •EXHIBIT'B' , Fl-PZD 08-2915 TRACT 1 R PROPERTY UNE ADJUSTMENT PLAT FILED FOR RECORD AT PLAT 23A-000132 AT THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY: PART OF THE SOUTH 12 OF THE SW 1/4 OF SECTION 16. AND A PART OF THE NORTH 12 OF THE NW 1/4 OF SECTION 21. T -16-N, R30.W, WASHINGTON COUNTY ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 514 OF SAID SECTION 21; THENCE S87°04'09'E ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 5.92 FEET TO THE POINT OF BEGINNING; THENCE S87.04'09'E 418.4!I FEET: THENCE 502'4904'9 514.14 FEET; THENCE N87°0409W 424.40 FEET,' THENCE SOY4l1'04W 204.82 FEET THENCE S87°O6'OSE 139.00 FEET, I THENCE $02°48489 293.00 FEET; THENCE N87°0S'54W 183.58 FEET, THENCE 502.48'00'W 181.27 FEET THENCE S87°04'07E 84.31 FEET, THENCE S02°4D'0SW 79:86 FEET; THENCE S3P07'40'E 39.06 FEET THENCE 502°4O059 15.00 FEET; THENCE N87°1829'9 65.13 FEET; THENCE 002.40'17913,01 FEET; THENCE N87.13.13W 222.57 FEET. THENCE N02°39'0TE 98.08 FEET THENCE S 87.11'5,0 E 9.25 FEET THENCE N02°39'0TE 27.35 FEET TO THE POINT OF CUR. NATURE OF A 87.50 FEET RADIUS CURVY TO THE RIGHT; THENCE NORTHEASTERLY ALONG • SAID CURVE AN ARC DISTANCE OF 66.20 FEET (SAID CURVE HAVING A CHORD BEARING OF N24.19'39'E AND A CHORD DISTANCE OF 64.64 FEET) TO THE POINT OF COMPOUND CURVA- TURE 2FEET4.50 TO THE LEFT: THENCE CURVE AN ARC DISTANCE OF 79977 FEET (SAD CURVE HAVINGANORTHEASTERLYSAID CHORD BEARING OF N36°40'43E AND A CHORD DISTANCE OF' 7.94 FEET) TO A POINT ON A NON -TANGENT 58.50 RADIUS CURVE TO THE RIGHT THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 64.58 FEET (SAID CURVE HAVING A CHORD BEARING OF NO2'50'13E AND A CHORD 01$- ✓ TANCE OF 61.35 FEET); THENCE N38°00'009 176.19 FEES THENCE 524°45'38W 180.97 FEET • TO THE POINT OF CURVATURE OF A 37.50 FEET RADIUS CURVE TO THE LEFT THENCE SOUTH- WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.82 FEET (SAID CURVE HAVING A CHORD BEARING OF 572°4931 W AND A CHORD DISTANCE OF 15.51 FEET) TO THE POINT OF TANGENCY; THENCE 50053249 41.19 FEET TO THE POINT O CURVATURE OF A 47.50 FEET RADIUS CURVE TO THE RIGHT,, THERE SOUTHWESTERLY ALONG SAID CURVE AN ARC DIS- TANCE OF 34,83 FEET (SAID CURVE HAVING A CHORD BEARING OF 521'53'48W AND A CHORD DISTANCE R 34.06 FEET) TO THE POINT OF COMPOUND CURVATURE OF A 2.50 FEET RADIUS CURVE TO THE LEFT; THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 5.47 FEET (SAID CURVE HAVING A CHORD BEARING OF S19°49'19'E AND A CHORD DISTANCE OF 4.44 FEET) TO 'THE POINT OF TANGENCY THENCE S8232'90E 10.50 FEET; THENCE 507°27'109 27.48 FEET THENCE N87.115XIW 74,95 FEET THENCE N87°13269 514,88 FEET THE EAST RIGHT-OF-WAY UNE OF THE BURLINGTON -NORTHERN RAILROAD; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID RAILROAD THE FOLLOWING COURSES: N35•29'31'E 52.81 FEET; THENCE N32 -17.21-E 103.24 FEET; THENCE N28°25'22'E 103.51 FEED, THENCE N24°16'00'E 103.08 FEET; THENCE N21°19J0'E 102.24 FEET THENCE N1I ,514E 102.31 FEET; THENCE Nl7.42'23'E 150.90 FEET,' THENCE N19°09'44'E 46.21 FEET; THENCE 02.31 'I2E 130.59 FEEL THENCE N24'2010E 111.27' FEET; THENCE N28°56'24•E 112.03 FEET. THENCE N33°2201E 78.14 FEET; THENCE N36°27'09E 61.08 FEET; THENCE N40°d0'51'E 107.01 FEET E O THENCE 7T. RIGHT: THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AD '53E 62,45 FEET IDA POtN'T ON A NON -TANGENT 1381.79 FEETCURVESAN ARC DISTANCE R 397.22 FEET (SAID CURVE HAVING A CHORD BEARING OF N51.13.28 -E AND A CHORD DISTANCE OF 395.85 FEET) TO THE SOUTH UNE OF ARKANSAS HIGHWAY 180 (WEST 6TH STREET) PER WARRANTY PEED TO THE'. CITY OF FAYEREVILLE RECORDED IN DOCUMENT ( NO. 2008-9895; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HIGHWAY 588.041 YE 87.55 FEE: THENCE LEAVING SAID RIGHT -OF WAY S01°44'509 143,30 FEET TO THE POINT R CURVATURE FORA 315.50 FEET RADIUS CURVE TO THE RIGHT THENCE SOUTH- WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 81.06 FEET (SAID CURVE HAVING A CHORD BEARING R 50906'259 AND A CHORD DISTANCE R 80.83 FEET) TO THE POINT R TANGENCY; THENCE 516.28'19 8.54 FEET TO THE POINT OF CURVATURE OF A 215.50 FEET TRA DIUS CURVE TO THE RIGHT: THENCE SOUTHWESTERLY ALONG SAID CURVE AR DIS- NCE OF 406 FEET (SAID CURVE HAVING CHORD BEARING OF S21°52'28'N/ AND A CHORD DISTANCE OF 40.62 FEET) TO THE POINT OF BEGINNING, LESS AND EXCEPT ALL OF THAT SHOWN AS TRACT 3 ON THE PROPERTY LINE ADJUSTMENT PLAT FILED FOR RECORD AT PLAT 23A -l32 AND BEING DESCRIBED IN WARRANTY DEED TO THE CITY OF FAYETTEVILLE RECORDED IN DOCUMENT NO. 20069894, WITH THE REMAINDER OF TRACT 1 CONTAINING 26.736 ACRES, MORE OR LESS. IN FAYETTEVILLE, ARKANSAS, THE ABOVE DESCRIBED TRACT BEING SUBJECT TO THE RIGHT-OF-WAY OF ROYAL OAK PARKWAY, WYNSTONE DRIVE, HILL AVENUE. GRACEWOOD DRIVE AND ALL EASEMENTS AND/OR RIGHTS -OF -WAY R RECORD, 9 RECEIVED JUN 10 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE