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.