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HomeMy WebLinkAboutOrdinance 5146 ' Doc ID : 012329630007 TVDe : REL Recorded : 06/ 17/2005 at 11 : 24 : 27 AM Fee Amt : $45 . 00 Pace 1 of 7 Mashinoton Countv . AR Bette Stamos Circuit Clerk Flle2008�0002001 dQ ORDINANCE NO. 5146 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 07-2793 FOREST HILLS, LOCATED AT WEDINGTON DRIVE, SOUTH OF SALEM ROAD, CONTAINING APPROXIMATELY 82.38 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural, R-O, Residential Office and C- 1 , Neighborhood Commercial to R-PZD 07- 2793 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 herebx ff amended to reflect the zoning change provided in Section 1 above. 0 IVTR e;` e,� . • • • . . . s PASSED and APPROVED this 3`d day of June, 2008. Cc ; FAYETiEVILLE : APPRO"�i ATTEST:By: By: vry n� n°'3 DAN CO DY, Mayor SOTkDRA E. SMITH, City Clerk/Treasurer EXHIBIT "B" R-PZD 07-2793 PART OF THE SOUTHWEST QUARTER (SWI /4) OF THE SOUTHWEST QUARTER (SW 1 /4), AND PART OF THE NORTHWEST QUARTER (NW I/4) OF THE SOUTHWEST QUARTER (SWI /4), ALL IN FRACTIONAL SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING THAT PARCEL DESCRIBED IN DEED 93-07592 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SE CORNER OF THE SWI/4 OF THE SWIA OF SAID SECTION 7; THENCE ALONG THE SOUTH LINE OF SAID S W I/4 OF THE SW I /4 N87034'57"W 1369.42 FEET; THENCE NO1 °54'40"E 1685 .93 FEET; THENCE NO2°29'51 "E 711 .94 FEET; THENCE NO3021 '53"E 255 .36 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEDINGTON DRIVE (ARKANSAS STATE HIGHWAY 16); THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S87001 '26"E 863 .49 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE S87004'49"E 330.00 FEET; THENCE S16°39'02"E 535 . 19 FEET; THENCE; S02°07'38"W 2136.02 FEET TO THE POINT OF BEGINNING, CONTAINING 33588,472.8 SQUARE FEET OR 82.38 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. CONDITIONS OF APPROVAL: R-PZD 07-2793 Page I of 4 Conditions of Approval for R-PZD 07-2793 (Forest Hills) AMENDED AND ADOPTED BY THE CITY COUNCIL 03 NNE 2008 1 . Street improvements. All final street improvements will be determined by the Planning Commission at the time of development review. It should be noted that staff has consistently recommended the applicant acquire the necessary approvals to provide a public street connection to the Links at Fayetteville, in order to alleviate the congestion and traffic delays in turning movements anticipated by the traffic engineer at Salem and Wedington. This connection could provide a much better level of service, and would provide greater accessibility into the site, as well as providing a direct connection to Rupple Road, a major north-south arterial. The following street improvements were recommended based on the findings of the traffic study. Roadway lane geometry constructed as shown in Figure 9 of the updated traffic study. The westbound approach on Wedington Drive and Salem Road widened to accommodate dual westbound left-turn lanes. • The eastbound approach on Wedington Drive and Salem Road widened to accommodate the addition of an eastbound right-turn lane. The southbound approach on Salem Road and Wedington Drive widened to accommodate a second southbound left-turn lane. Salem Road, south of Wedington Drive to Drive C, constructed to consist of two northbound lanes and two southbound lanes. Salem Road, at the northbound approach to Wedington Drive, shall be widened to accommodate a northbound right-turn lane, a northbound thru-lane, dual northbound left-turn lanes and two southbound receiving lanes. The existing traffic signal at Wedington Drive and Salem shall be re-constructed to accommodate the addition ofa south leg to the intersection and the additional proposed lanes on the existing legs. Drive B, eastbound and westbound approaches to Salem Road constructed to consist of left-turn lane, a thru-right-turn land and a receiving lane. • Drive C eastbound approach to Salem Road constructed to consist of dual left-turn lands, a thru-right-turn lane and a receiving lane Drive C westbound approach to Salem Road constructed to consist of a left-turn lane, a thru-right-turn lane and a receiving lane. A fully-actuated traffic signal be installed at the intersection of Salem Road and Drive C coincident with full building-out of the site development (after Phase I). Jewell Road eastbound and westbound to Salem Road constructed as single-lane approaches and one receiving lane. • Salem Road northbound and southbound approaches to Jewell Road constructed to consist of a left-turn lane, a thru/right-turn lane and a receiving lane. Salem Road southbound approach to Persimmon Street align with Mountain Ranch Blvd. , and constructed to consist ofa left-turn lane, a thru/right-turn lane and a receiving lane. Jewell Road shall be extended through the development to Salem Road and constructed with single-lane approaches Improvements to Persimmon Street shall be in accordance with the current Master Street Plan street section design. 2. Planning Commission determination of adequate connectivity. Staffrecommends in favor ofthe proposed connectivity finding that the proposed alignment will be beneficial to the area. Jewell Road will be extended into the development, connecting to Salem Road, which will be extended CONDITIONS OF APPROVAL: R-PZD 07-2793 Page 2 of 4 from Wedington Drive to Persimmon Street. Additionally, a street stub-out will be provided to the west property line that lines up with the centerline of an existing stub-out from Westside Village. Staff does recommend that the applicant continue to pursue connection to the Links at Fayetteville public street, in order to create a safer and more accessible traffic condition. 3 . Planning Commission determination of a Master Street Plan amendment. Staff supports the relocation of the collector street from the west property line, provided that the street connection between Salem Road and Mountain Ranch Boulevard is provided. However, staff does find the need for a public street connection from this development to the Links at Fayetteville/Wedington future signalized intersection, as has been consistently recommended. The Master Street Plan amendment shall be approved by the City Council prior to construction, or preliminary plat approval, whichever occurs first. (See associated resolution to amend the Master Street Plan). 4. Curb-cuts shall be limited to a maximum width based on width of the lot as prescribed by Chapter 172. 11 and shall at least 5' from the property line. Shared driveways may be located on the property line and may be up to 24' wide, or as determined at the time of preliminary plat approval. All driveways, drive aisles, parking lots, etc. shall otherwise meet the standards established in Chapter 177 Parking and Loading. 5. Any existing utility easements which conflict with building footprint locations shall be vacated and any existing utility lines relocated at the owner/developers expense prior to construction approval. 6. Access. The Planning Commission shall determine, at the time of development, the appropriate access points to surrounding public streets. Individual access points to Wedington Drive shall be prohibited; shared access points to Wedington Drive will be considered based on existing and anticipated traffic, proximity to curb cuts and signalized intersections. Due to the projected delayed traffic turning movements in the area, each curb cut shall be reviewed carefully to ensure traffic movement is not detrimentally effected. 7. Design Standards. Buildings shall be constructed to be consistent with the elevations and concepts depicted in the building elevations in the booklet as specified. Building elevations will be reviewed at the time of preliminary plat, final plat and building permit to ensure compliance. All homes shall be designed with a "front facade" facing onto adjacent public streets, when present, and to have varied facades to provide variety within the overall development. All urban residential buildings shall comply with urban residential design standards; all non-residential buildings shall comply with commercial design standards. 8. Signage. Signage shall be permitted as noted in the project booklet. The only types of freestanding signs permitted are monument signs. Pole/pylon sign are prohibited. 9. Phasing. Phasing shall be completed as described in the project booklet. For each large scale development approved, all building permits for that large scale development shall be obtained within one year of Planning Commission approval. For each Preliminary Plat approved, all permits necessary to construct the subdivision shall be obtained within one year of Planning Commission approval. All projects within the PZD shall be completed within three years of obtaining building permits or construction permits, for large scale developments and preliminary plats, respectively. CONDITIONS OF APPROVAL: R-PZD 07-2793 Page 3 of 4 10. Outdoor Lighting. All outdoor lighting shall comply with applicable regulations within the Unified Development Code. Single-family and two-family structures are exempt from the Outdoor Lighting Ordinance; however, all other residential, commercial and office structures are subject to said requirements. 11 . No portion of any structure (i.e. porches, overhangs, etc.) shall encroach into building setbacks or utility easements. 12. Landscape requirements as outlined in Chapter 177 shall be required with development plat approval. 13 . This development shall be required to comply with the Tree Preservation requirements as set forth in the Unified Development Code at the time of development, with a minimum of 25% canopy, subject to approval by the Urban Forester. 14. 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. 15. The following revisions shall be completed to the booklets/plats prior to re-submittal for City Council consideration: Standard conditions of approval: 16. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 17. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 18. Trash enclosures shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of-way. 19. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 20. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. 21 . All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be CONDITIONS OF APPROVAL: R-PZD 07-2793 Page 4 of 4 located underground. 22. The applicant shall construct Salem Road as a Collector Street from Wedineton Drive to Persimmon Street with the first phase of development. ADDED BY THE CITY COUNCIL 06-03-08 Washington County, AR I certify this instrument was filed on 06/17/2008 11 :24:27 AM and recorded in Real Estate File Number 2008-00020019 Bette Stamps Circuit Clerk by i oyt MORRISON �� � ` SHIPLEY ENGINEERS • SURVEYORS April 16, 2008 Ms. Sondra Smith, City Clerk (Nia Hand- Delivered) City Administration Bldg 113 W Mountain St, Room 308 Fayetteville, AR 72701 479-575-8323 Re: Forest HillsMD Rezone Appeal Request Dear Ms. Smith: On behalf of the applicant, Forest Hills Partners, LLC and managing member John Alford, we respectfully request an apkeal of Planning Commission's decision to deny the rezone request as presented in the April 14 meeting. As you may be aware, only five planning commissioners were able to vote on this request Out of the five, four voted in favor of the rezone. The rezone request is for an 82 acre tract on the south side of Wedington across from Salem Street. As shown in the master development plan, the rezone to Planned Zoning Development will allow this property to develop with commercial, office, and residential uses over the next ten years. If approved, Neighborhood Market intends to immediately initiate the commercial development with a 40,000 square foot facility located near Wedington. The grocery store will provide economic benefit to the surrounding smaller out-parcels within the development which in tum will provide a benefit to the community living on the west side of Fayetteville. West Fayetteville residents will not have to travel as far for goods and services. We would like this item to appear on the May 20th City Council Agenda. If you have any questions or concerns, please feel free to contact me at (479) 273-2209. Sincerely, Morrison-Shipley Engineers, Ina All Heather M. Robason, P. . Representative for the Applicant, Forest Hills Partners, LLC cc: City of Fayetteville Planning 2407 S. E. Cottonwood Street Bentonville, AR • 72712 479 . 273 . 2209 • Fax 479 . 273 . 2553 morrisonshipley. com MORRISON SHIPLEY ENGINEERS • SURVEYORS April 16, 2008 Ms. Sondra Smith, City Clerk lira Hand- Delivered) City Administration Bldg 113 W Mountain St, Room 308 Fayetteville, AR 72701 479-575-8323 Re: Forest Hills PZD Rezone Appeal Request Dear Ms. Smith: On behalf of the applicant, Forest Hills Partners, LLC and managing member John Alford, we respectfully request an ap9eal of Planning Commission's decision to deny the rezone request as presented in the April 14 meeting. As you may be aware, only five planning commissioners were able to vote on this request. Out of the five, four voted in favor of the rezone. The rezone request is for an 82 acre tract on the south side of Wedington across from Salem Street. As shown in the master development plan, the rezone to Planned Zoning Development will allow this property to develop with commercial, office, and residential uses over the next ten years. If approved, Neighborhood Market intends to immediately initiate the commercial development with a 40,000 square foot facility located near Wedington. The grocery store will provide economic benefit to the surrounding smaller out-parcels within the development which in turn will provide a benefit to the community living on the west side of Fayetteville. West Fayetteville residents will not have to travel as far for goods and services. We would like this item to appear on the May 20P City Council Agenda. If you have any questions or concerns, please feel free to contact me at (479) 273-2209. Sincerely, Morrison-Shipley Engineers, Inc Heather M. Robason, P.E. Representative for the Applicant, Forest Hills Partners, LLC cc: City of Fayetteville Planning 2407 S. E. Cottonwood Street Bentonville, AR • 72712 479.273.2209 • Fax 479. 273. 2553 morrisonshipley. com City Council Meeting of May 20, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: 02 May 2008 Subject: Appeal for Forest Hills Residential Planned Zoning District (R-PZD 07-2793) RECOMMENDATION Staff recommends denial of an ordinance to create a Residential Planned Zoning District for Forest Hills (R-PZD 07-2793) as proposed in its current form. Staff' finds the rezoning and land use proposal is inconsistent with the adopted goals and policies of City Plan 2025. If this ordinance is approved, the action would establish a unique zoning district for a multiple- use project with a maximum of 600 dwelling units and approximately 206,000 square feet of nonresidential space on an 82.39-acre tract. The Planning Commission voted to deny the application; the applicant has appealed the Planning Commission decision to the City Council in the time period required by ordinance. BACKGROUND The subject property contains approximately 82 acres located south of the intersection of Wedington Drive and Salem Road, extending south to Persimmon Street. The property is primarily zoned R-A, Residential Agricultural and contains a recreational facility, with the majority of the property being undeveloped and either tree-covered or open field. The request is rezoning and land use approval for a Master Development Plan of a Residential Planned Zoning District with a maximum of 600 dwelling units and approximately 206,000 sq. ft. of nonresidential/commercial space all within five separate Planning Areas. The proposed density overall is 7.28 dwelling units per acre, located on approximately 60% of the site area. If the PZD is approved as proposed the project would be required to go through preliminary and final plat approval and/or large scale development approval prior to construction. On April 14, 2008, the Planning Commission voted 4- 1 -2 on a motion to approve this request with Commissioner Cabe voting `No', Commissioners Lack, Winston, Kennedy and Bryant voting `Yes', Commissioners Trumbo and Graves recusing, and Commissioners Myres and Anthes absent. The motion to approve failed and the applicant has appealed this decision to the City Council. The main concerns with the project are centered on this R-PZD not complying with the purpose and intent of the PZD ordinance and the City's adopted land use planning objectives, principles, and policies, in particular the Future Land Use Plan. DISCUSSION The applicants have stated in their application that this project is designed to be a Traditional Neighborhood Development (TND) containing a variety of commercial businesses, smaller retail storefronts, and residential office areas, built in close proximity to condominiums, zero-lot line garden homes, and townhomes. In staffs opinion, the proposed development does share some common traits with a TND: 1 ) The development provides a variety of dwelling types; 2) there are City Council Meeting of May 20, 2008 Agenda Item Number shops and offices for the convenience of the neighbors; 3) some of the buildings are located close to the street; and 4) some of the parking lots and garages are located in the rear yard. However, the aspects of the development that are commonly found in a TND are limited to Planning Areas 2-5, and even they are highly segregated uses. Planning Area 1 , which is the commercial hub of the development, lacks any similarities with a Traditional Neighborhood Development. Planning Area I consists of large parking lots, drive aisles, and drive-thru lanes situated around the buildings, which prohibits the placement of buildings close to the street or in proximity to one another, thereby discouraging a pedestrian-friendly environment. Staff is not of the opinion that this development, or any Planned Zoning District, is required to develop as a TND; however, traditional town form is a primary goal of City Plan 2025. As such, conventional strip-center developments along major thoroughfares are not encouraged. This particular point is emphasized in the City Plan 2025 diagrams, which discourage the conventional separated, inefficient commercial outlot and parking lot use of land in favor of a more complete, compact and connected, highly efficient use of land. The adopted policy states the desired land use pattern "allows the economic recapture of land value for the developer while producing development that shortens trips for residents and uses existing infrastructure." Page 10-4, City Plan 2025 1 i_ ii VI _ a .dtE-it N i �Ii i Y® � f - _ • ,l�� f a Mission £t Crossover 2006 Mission a Crossover 2025 City Neighborhood Area: The property is currently designated as a City Neighborhood Area on the Future Land Use Plan. These areas are denser, while still primarily residential in urban fabric, and encourage traditional neighborhood development that incorporates low-intensity nonresidential uses. The land uses proposed can be compatible with the variety of surrounding land uses. While staff does not have a great deal of concern with the proposed density and intensity of the development, provided significant infrastructure improvements and street connections are made to alleviate traffic congestion, the development pattern proposed for the commercial area along Wedington Drive is not in compliance with the adopted land use planning policies and goals. City Council Meeting of May 20, 2008 Agenda Item Number Beginning with the initial submittal, staff has expressed concerns with the proposed development pattern, finding it to be inconsistent with that which is encouraged by the City for new development. The project is proposed in a conventional development pattern, not unlike other grocery store shopping centers with commercial outlots and multi-family developments in Fayetteville. This is a common development pattern that has been created in large part out of efficiencies of construction for individual product lines and marketability for separate, distinct uses. While this development pattern is allowed by right in most standard commercial and residential zoning districts, the City Council has adopted specific policies discouraging this development pattern with future zoning requests, as it does not contribute to the creation of desirable neighborhoods. The City's adopted policies call for development that is complete, compact and connected, with traditional town form as the primary development pattern. Staff finds that the proposed project is not consistent with the majority of the six goals and policies of the City's Future Land Use plan, and has provided discussion in detail on these findings within the staff report. Goal 1: We will make appropriate infill and revitalization our highest priorities. Goal 2: We will discourage suburban sprawl. Goal 3: We will make traditional town form the standard. Goal 4: We will grow a livable transportation network. Goal 5: We will assemble an enduring green network. Goal 6: We will create attainable housing. The project does have many of the uses that are essential to a successful neighborhood — places to live, work and shop for daily goods. However, the form of the development lacks identity as a neighborhood and instead seems to be five very separate areas that will be constructed without relationship to one another: residential types are clearly separated from one another, creating a monotonous street environment without a true mixture of housing types; the open space is not located in a place that would strategically provide character / economic / social value for the community and instead is concentrated primarily in areas of detention ponds; the neighborhood market turns its back to the immediate residential community it proposes to serve and fronts the large parking area; commercial areas are surrounded by individual parking lots and do not seem to relate to any of the other uses within the site, nor one another; pedestrian circulation is secondary to the vehicle, which is highly emphasized, as evidenced by the 6-7 lane street sections along Wedington/Salem that are proposed to accommodate the 16,556 vehicle trips per day that are expected to be generated to/from this site; and connectivity by public street is low to adjacent properties, creating higher potential for traffic congestion. Ultimately, the commercial area of the site is modeled after a conventional strip-center development pattern where vehicles, not pedestrians, dominate the environment, and is indicative of older, existing commercial strip centers along 6'' Street and College Avenue and the housing is designed as separated pods of buildings types. Opportunities to improve the site plan are evident, in staffs opinion, and could lead to a project that utilizes the land more efficiently, more economically, and creates more of a community than stand-alone, separated uses that does not reflect the community character Fayetteville envisions. However, significant changes are necessary to meet the guiding policies for a City Neighborhood Area: • Utilize principles of traditional urban design to create compatible, livable, and accessible neighborhoods, including a mixture of housing types, small lots/blocks, shared and hidden parking lots and slow traffic streets City Council Meeting of May 20, 2008 Agenda Item Number • The form of multi-family uses within the development could be mixed, with larger buildings adjacent to the main road and smaller, less dense structures transitioning to adjacent properties. This would discourage the very repetitive nature of duplex/garden home buildings all in a row and the creation of another apartment complex. • Commercial structures could be grouped into areas along the street that encourage pedestrian friendly environments, and at least provide the opportunity for alternative modes of transportation • Commercial, office and multi-family uses could relate to one another better, transitioning along the proposed streets in a lot and block pattern, creating the desired urban form • Parking could be shared between commercial uses, instead of each and every building designed for an anticipated peak-hour demand • Greenspace should be functionally designed for the neighborhood residents • Additional street connections could be utilized in order to distribute traffic and reduce the level of service "F" that is currently planned to occur at the Salem/Wedington intersection with several of the turning movements. This would include construction of a street at the Golf Links Road/Wedington intersection, which could greatly reduce traffic congestion and provide multiple points of access into the neighborhood. In summary, staff finds the rezoning and land use proposal is inconsistent with the adopted goals and policies of City Plan 2025, and does not meet the criteria for approval of rezoning 82 acres as proposed. Several design changes have occurred through the review process to help alleviate some concerns, but the proposal for a conventional strip-center development pattern and separated land use patterns, instead of a traditional town form that provides the community character envisioned with the adoption of the City's Future Land Use Plan, is in direct contrast with City policy. Consequently, staff has recommended denial of the rezoning proposal. BUDGETIMPACT None.