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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. ORDINANCE NO. 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 hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer • • \ -•:&; � � AF G W S (W� i, P`: EXHIBIT "B" R-PZD 07-2793 PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHWEST QUARTER (SW1/4), AND PART OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4), ALI. 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 SW1/4 OF THE SW1/4 OF SAID SECTION 7; THENCE ALONG THE SOUTH LINE OF SAID SW1/4 OF THE SW1/4 N87°34'57"W 1369.42 FEET; THENCE N01°54'40"E 1685.93 FEET; THENCE N02°29'51"E 711.94 FEET; THENCE N03°21'53"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 S87°01'26"E 863.49 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE S87°04'49"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 3,588,472.8 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 1 of 3 Conditions of Approval for R-PZD 07-2793 (Forest Hills) I. 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 of a.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 ofdual 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 ofa left -turn lane, a thrulright-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 thrulright-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. Staff recommends in favor ofthe proposed connectivity fending 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 from Wedington Drive to Persimmon Street. Additionally, a street stub -out will be provided to CONDITIONS OF APPROVAL: R-PZD 07-2793 Page 2 of 3 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 Fayette ville/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 3 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. 1. 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 @ublic 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 located underground. a e �e ie ARKANSAS THE CITY OF FAYETT.EVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: April 8,2008 Updated April 16, 2008 PC Meeting April 14, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 R-PZD 07-2793: (FOREST HILLS, 440): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at WEDINGTON DRIVE, S OF SALEM ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 82.38 acres. The request is for Zoning and Land Use approval for a Residential Planned Zoning District with a maximum 600 dwelling units and 206,102 s.f. of non-residential space. Planner: Jesse Fulcher Background: Property Description: 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. There is also a small amount of R -O, Residential Office and C -1, Neighborhood Commercial property in the northeast comer, which is currently developed as an insurance office building. Surrounding land use and zoning are listed in Table 1. Table 1: Surrounding Land Use/Zoning Direction Land Use Zoning North Commercial -Banks and Retail C-1 and C-2 South Multi-family/Single-family RSF-4, RMF-24 and C-2 East Multi -family RMF-24, R -O and C-1 West Ozarks Electric R -A Proposal and Project Description: The request is rezoning and land use approval only 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 5 Planning Areas. The proposed density overall is 7.28 dwelling units per acre (see each Planning Area in table below), 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. K: lReports120081PC Reportsl07-April 141R-PZD 07-2793 (Forest ldills).doc Master Development Plan: The proposed uses planned for the site are listed in Table 2. Table 2 Forest: Hills PZD 07-2793 Land Use Summary DENSITY NON- NON - USE (UNITS/ DWELLING DWELLING RESIDENTIAL RESIDENTIAL ACRES % AREA ACRE) UNITS INTENSITY SQUARE FEET SITE (SQ.FT./ACRE) Commercial PA -1 N/A N/A 5,349 119,866 22.41 27.19% Mixed Use PA -2 9.17 100 7,912 86,236 10.90 13.22% Multi -family PA -3 22.72 354 N/A N/A 15.58 18.91% Two-family PA -4 4.82 86 N/A N/A 17.83 21.64% Multi -family PA -5 3.83 60 N/A N/A 15.67 19.02% TOTAL 7.28 600 2,501 206,102 82.38 100% Parks and Recreation Advisory Board (PRAB): The Parks and Recreation Advisory Board reviewed this project on December 3, 2007 and made a recommendation of accepting money in -lieu of land based on the proximity to Dale Clark Park, adjacent to the Boys and Girls Club. Fees will be due prior to final plat or building permit approval and will be based on the type of unit constructed. Solid Waste Service: The multi -family, mixed use and nonresidential portions of this development will require dumpsters and/or compactors. Locations shall be reviewed at the time of large scale development. Detached, single-family residences will be serviced by standard residential trash pick- up. Phasing: The applicant is proposing to develop the property in four phases between 2008 and 2018 with development occurring as follows: Phase 1 (2008-2015): • File lot split application for creation of Wal-Mart property • Construction of Wal-Mart Neighborhood Market and necessary utilities • Improve existing traffic signal at Salem Road - • Construct Salem Road from Wedingtort to Jewell Road • Install traffic signal at Salem and Jewell Roads • Extend Jewell from Betty Jo to Salem • Construct detention facilities • A preliminary and final plat will be submitted after development of Wal-Mart to create future lots for development in Phase I. • Development of remaining lots in Planning Area I Phase 2 (2011-2013): • Extension of Salem Road to Persimmon Street • Construction of homes and necessary infrastructure in Planning Area 4 -Garden Homes. K:IReports120081PC Reports107-April 1418-PZD 07-2793 (Forest Hills).doc Phase 3 (2013-2016): • Construction of condominiums and mixed use buildings located in Planning Areas 2 and 3. Phase 4 (2016-2018): • Construction of townhomes located in Planning Area 5. Water & Sewer: All necessary improvements and connections to complete the proposed development will be evaluated with the Preliminary Plat and Large Scale Development reviews. Adjacent Master Street Plan Streets: Wedington Drive (a Principal Arterial); Persimmon Street (a collector street); Jewell Road (a local street); and Gulf Club Drive (a collector street) Right-of-way Dedication: Right-of-way in the amount of 48.5' from centerline for Wedington Drive, 35' from centerline for Persimmon, 50' for Jewell Road and 70' for Salem Road, which will be extended through the development. The applicant is requesting a Master Street Plan amendment to relocate the north -south Collector Street that extends from Persimmon to Wedington at the intersection of Gulf Club Drive (Links at Fayetteville) to instead extend Salem Road to Persimmon. Additional right-of-way for new interior streets shall be dedicated as noted on the plats. Access and Connectivity: Currently, Jewell Road is located at the east of the subject property, and is stubbed out for a future street connection. The applicant proposes to extend Salem Road through the development from Wedington Drive to Persimmon Street. Jewell Road will be extended from the east and connect to Salem Road. A new public street will be stubbed out to the west to line up with a street stub -out from Westside Village, which is under construction on Rupple Road. Also, a private street will be stubbed out to the west to provide access for Ozarks Electric vehicles and large delivery vehicles for Wal-Mart. Additional public streets will be constructed to serve each area of the development, as noted on the plats. Master Street Plan Amendment: A Master Street Plan Amendment to relocate the future extension of Gulf Club Drive, collector street that is currently under construction north of Wedington as part of the Links at Fayetteville project, has been submitted by the applicant and will need to be approved by the City Council. As shown on the Master Street Plan map, the collector street is positioned to be constructed north and south along the west side of the subject property. The purpose of the street is to provide a north -south connection from Persimmon Street through the Links at Fayetteville development, which is currently under construction, to Rupple Road. At the request of staff, the applicants for Forest Hills approached Ozarks Electric Co., who owns the property to the west, and the developers of The Links at Fayetteville to discuss shifting the Link's street further east or otherwise providing this important connection, so that a through connection could be made through Forest Hills (see attached correspondence). Based on comments provided from the applicant, engineers for the development of The Links have stated construction is too far underway to redesign the street connection. Additionally, the location at which the street would enter the Forest Hills property is currently owned by Ozarks Electric Co. The developers of Forest Hills have the parcel under contact; however, Ozarks Electric has stated that they will not sell the property if the street were required to be relocated. The Master Street Plan amendment would allow for the construction of a collector street through the subject development, providing a north -south street connection from Persimmon to Wedington; it would not, however, provide the planned connection to Rupple Road, a 4 -lane boulevard that will ultimately provide a major north -south corridor. K: Uteports12008U'C Reports;07-April 14U?-PZD 07-2793 (Forest hills).doc Street Improvements: A traffic study has been conducted based on the overall development with a projected generation of 16,556 vehicle trips per day with full build -out. The traffic study also includes the impacts of surrounding projects approved for development. This is a significant increase over the existing traffic in the area; in comparison, 18,305 vehicle trips per day on Wedington were counted with a 2007 study with the Links at Fayetteville development. The project traffic from this development alone will almost double the traffic that is currently on Wedington, not including that generated by the Links or other projects under construction in the area. While not all traffic will travel to/from Wedington, this is anticipated to be the primary access point as it is the only access to 1-540 in the vicinity, and will certainly result in increased congestion and difficulty in turning movements, as noted in the traffic study. All streets constructed interior to the development shall be constructed to Master Street Plan standards. The intersection of Salem Road and Wedington Drive is currently a signalized intersection. Improvements proposed to this intersection include the construction of additional traffic lanes on Salem and Wedington, which will require widening Wedington and the installation of additional traffic signals on the south side of the intersection. Improvements to the north side of Persimmon Street shall occur at the time of development along said street, in compliance with the Master Street Plan. Should the PZD be approved, the Planning Commission will determine all final improvements at the time of development, pursuant to the Unified Development Code. Public Comment/Review Process: The subject proposal was originally submitted to the City Planning Department on October 18, 2007 with comments provided to the applicant at the Technical Plat Review meeting on October 31, 2007. Staff recommended that the request be reviewed again at the Technical Plat Reviewmeeting based on comments received. The plans were not submitted again for review until March.6, 2008 with comments provided to the applicant at the Technical Plat Review meeting on March 19, 2008. Revisions were submitted on April 7, 2008 for the April 14, 2008 Planning Commission meeting. Staff has noted issues of concern regarding the segregation of land uses," conventional strip commercial development not consistent with the City's adopted goals and policies, and a lack of public street connections at each meeting. Staff has not received any comments. from adjacent property owners or members of the public, other than the Ozarks Electric comment regarding the Master Street Plan amendment. Tree Preservation: This development will be required to comply with the Tree Preservation requirements as set forth in the Unified Development Code at the time of development with a 25% preservation requirement. 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 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 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 in front of the buildings, which prohibits the placement of buildings close to the street. Staff is not of the opinion that this K: IReporls12008V'C Reports107-April 141R-P7D 07-2793 (Forest Ifills).doe development, or any Planned Zoning District, be 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 should not be 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 this practice "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 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 and is reasonable based on the street system and infrastructure currently in place. However, significant changes to Planning Area I are necessary to meet the guiding policies for a City Neighborhood Area, including; 1) Encouraging pedestrian -friendly, commercial buildings that address the street; 2) encourage a block -and -street layout that promotes walkability, 3) provide cyclist -friendly road designs with slow design speeds; and 4) utilize principles of traditional urban design to create compatible, liveable, and accessible neighborhoods. K:IReports120081PC Reports107-April 1418-PZD 07-2793 (Forest Hills).doc Recommendation: 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. Beginning with the initial submittal, staff has expressed concerns with the proposed development pattern, finding it to be inconsistent with those encouraged by the City for new development. While certain changes have been incorporated into the plans through the review process, the primary concern of creating a contributing neighborhood environment that is complete, compact and connected has not been addressed. Based on. the findings included herein, staff recommends the Planning Commission deny R-PZD 07-2793 (Forest Hills). Should the Planning Commission or City Council determine the rezoning request is appropriate, compatible and meets the City's approval criteria for Planned Zoning Districts, the Future Land Use Plan, and the required findings for a rezoning request, staff recommends the approval contain the following conditions: 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 geomet'y 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 he 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 of a 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. K:IReporis12008IPC Repoas107-April t 41R-PZD 07-2793 (Forest Hi11s).doc • A fully -actuated traffic signal be installed at/lie intersection of Salem Road and Drive C coincident with fill building -out of the site development (after Phase IJ. • 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 lone, 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 of a 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. Planning Commission determination of adequate connectivity. Staff recommends in favor of the 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 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. K:lReports120o81RC Relvrts107-April 141R-PZD 07-2793 (Forest HillsJ.doe 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. 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. 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 K:IReports1200SIPC Reports107-April 741 R-PZD 07-2793 (Forest Hi(Lcjdoc 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 located underground. Planning Commission Action: ❑ Tabled ❑ Forwarded to C.C. J Denied Motion: Lack Second: Kennedy Vote: 4-1-2 (The motion to forward with a recommendation for approval failed) Meeting Date: April 14, 2008 K: Reporis1200SIPC Repo:ts107-April 141 R-PZD 07-2793 (Forest llils).doc Sec. 166.06. Planned Zoning Districts (PZD) R-PZD 07-2793 Forest Hills (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 that while there are aspects of the development/rezoning proposal that meet the intent and purpose of the Unified Development Code, it is not to a degree that justifies the rezoning request as meeting the policies and objectives of City Plan 2025 as established by the City Council. The Future Land Use Map adopted as part of City Plan 2025 designated this site as a City Neighborhood Area. City Neighborhood Areas are intended to have a wide range of residential building types, encourage complete, compact and connected neighborhoods, provide non-residential uses that are accessible for the convenience of individuals living in residential districts, encourage walkability as part of the street function, provide neighborhood shopping within walking distance of residential uses, or approximately one - quarter mile, and encourage pedestrian -friendly, mixed -use buildings through the use of transparent glass for commercial uses at street level and building entrances that address the street The development incorporates a range of residential uses, including tradition apartment buildings, townhouses and two-family/garden home structures, and provides residents with the ability to live, work and shop in one area. However, all of the different residential types are complete separated from one another, creating a monotonous street environment, without a true mixture of housing types in close proximity. The commercial district does not encourage walkability, or address the street, creating a pedestrian friendly environment. Ultimately, the commercial area of this development is modeled after a conventional strip -center development pattern where vehicles, not pedestrians, dominate the environment. In staffs opinion, the development style proposed for the commercial area is in direct contrast with the goals of City Plan 2025, as noted in the diagrams and stated polices within that land use document. The development pattern is instead much like almost directly across the street, where Harps Grocery anchors a large commercial strip center, with surrounding outlots occupied by banks, restaurants, and other commercial uses. Goal 1 of City Plan 2025 is to "...make appropriate infill and revitalization our highest priorities." This site is surrounded by developed properties and is located between a principal arterial and collector street with indirect access to I-540. The density and intensity of this development is appropriate and compatible with surrounding properties and is supported by existing infrastructure. The site is primarily a greenfield development, K:IRepores110081PC ReporisW l-Apri1141R-PZD 07-2793 (Forest 1111sf.doc due to the fact that much of the site has not been developed before; this would be the first major land disturbance, other than for agricultural uses and the small amount of land currently utilized for the recreational facility. However, there are uses either developed or developing on all sides. The objectives of this goal, however, are to "minimize the impacts of sprawl, ensuring quality development and promote appropriate development that reflects the existing community character of Fayetteville's neighborhoods." Staff does not find that this project reflects the community character Fayetteville envisions. Goal 2 states "we will discourage suburban sprawl." The subject property is located well within the City boundaries with access to major roadways, an elementary school, parks and adequate infrastructure to support the development intensity, with appropriate improvements in place. However, the commercial component of the development, specifically, is not compact, and indeed sprawls over the site, with conventional outlot and parking lot development patterns indicative of conventional strip commercial centers along College Avenue or 6'h Street. In addition, the separation of uses over the site is prevalent, which does not encourage social interaction or community neighborliness. Goal 3 states "We will make traditional town form the standard." As noted previously, the development proposes some aspects of a traditional development style, incorporating a variety of dwelling types and providing commercial and office services in close proximity. However, the development lacks meaningful and useful open spaces, a true "center" to the development, small blocks and is proposed to be established by a commercial node that lacks any traditional town form. The range of housing type that are proposed are separated by major roads into distinct pods. While staff understands the need for efficiency in construction/marketability for units, many very successful projects have incorporated a variety of housing types alongside one another, thereby contributing to the community diversity. This goal is the source of the "complete, compact and connected" concept that is required of new growth. Staff finds the proposal in contrast to this adopted policy. Goal 4 states "we will grow a livable transportation network." internal streets south of the commercial area have provided more walkable, pedestrian and cyclist -friendly opportunities as part of the street function. Connections to Betty Jo Drive and Persimmon will help alleviate traffic congestions at Wedington Drive and provide several points of ingress/egress. Additionally, a stub -out to the west has been provided, which lines up with a stub -out from Westside Village. Staff finds that the proximity to I-540 can support a range of density and intensity of development, and maintain community character, if designed in a traditional town form. One of the objectives of this policy is that community design should precede and outrank traffic planning; once the community design is established, the transportation plans for balanced mobility should follow. The proposal to create a 7 -lane wide highway section in order to increase the level of service is in contrast to the adopted policy to create "multiple corridors instead of single oversized ones." An additional connection to the Links at. Fayetteville/Wedington interchange would begin to create a street network capable of distributing traffic in multiple directions, at signalized intersections, instead of funneling everyone through one primary intersection. Goal 5 states "we will assemble an enduring green network." The developers have proposed a trail system through the tree preservation areas, with connections to public sidewalks, which K: IReports110081 PC Repaysl07-April 141R-PZD 07-2793 (Forest Hi1IsJ.doc together should be a great benefit to the general public. Trees will be required along all public streets. In addition, the applicant is proposing to preserve a large tree preservation area to the south, with several smaller pockets internal to the development. Regional detention is planned to provide the open spaces within the development, though meaningful, useful open spaces have not been planned. Goal 6 states "we will create attainable housing." The development will provide a variety of housing types and sizes, which could create a wider variety of opportunity for the homebuyer, in differing price points. However, as noted by the applicants in the project booklet, "attainable housing is challenging to accomplish when developers are required to fund and/or construct large amounts of public improvements, set aside large amounts of land for park land dedication, and retain 25% of the existing tree canopy." Staff finds that the land being proposed for development could be utilized, as noted in the City Plan 2025 study, much more efficiently, with less expenditure on infrastructure internal to the development, and with preservation of more tree canopy, (no parkland dedication is occurring on this site), in a traditional town form. Less land would initially be developed, with perhaps the same density and intensity. In summary, staff finds the rezoning and land use proposal is inconsistent with the adopted goals and policies of City Plan 2025. Several design changes have occurred through the review process to help alleviate some concerns, but the larger policy issue of the proposal for a conventional strip -center development pattern and separated land use patterns, is in direct contrast with City policy. Consequently, staff has recommended denial of the PZD proposal. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be compliant with the 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. As indicated in the submittal and the staff report, certain measures have been taken in the proposed phasing of development by the developer to ensure infrastructure improvements are made so the level of service will not decline due to the proposed development. Sections of the traffic study have been included as part of the report to provide a detailed summary of intersection improvements and design. Should the project be approved, staff will work with the applicants to determine the necessary and ultimate improvements for each phase of the project. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, would allow a mix of uses and density over the site. The proposed zoning criteria concentrates the K'IReportsl20081PC Relwris107-April 141R-PZD 07-2793 (Forest Jill Is) .doc commercial out -lots along the major thoroughfare, State Highway 16/Wedington Drive, and then transitions to office and then residential uses. Staff finds that the combination of residential, office and commercial uses to be compatible with the surrounding land uses, which are comprised of a similar mixture of uses. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The intended uses are suitable for the subject property. However, natural site features including floodplain, tree canopy and wetlands will have to be carefully considered at the time of development. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: The project will burden the existing road network. Approximately 18,000 vehicle trips per day are currently logged on Wedington Avenue; this project alone will contribute 16,000 more vehicle trips in the vicinity, with a majority of those traveling to Wedington. The applicant has conducted a traffic study, of which key recommendations have been included on the site plan. As suggested in the traffic study, the applicant proposes to improve and expand the intersection of Wedington and Salem, so that an acceptable level of service is maintained. A 7 -lane section is proposed along portions of the development frontage, in order to "average out" the level of service that is anticipated to be delayed for turning movements around the Salem/Wedington interchange. In general, combining residential and non-residential uses could help reduce the traffic generated by this development, by providing better pedestrian opportunities and the ability for persons within close proximity to travel smaller distances for daily goods and services. Additionally, future connections to Betty Jo and Permission will provide alternative routes for vehicular traffic, dispersing traffic to streets other than Wedington Drive. Staff has also recommended the applicant continue discussions with the adjacent property owner to provide a public street connection to the future signalized intersection of the Links/Wedington interchange. This would further distribute traffic and provide a direct connection to Rupple Road. (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 arc proposed to be violated. (B) Development standards, conditions and review guidelines K IReports120081PC Relwrisl07-April I41R-PZD 07-2793 (Forest nills)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 uses for the site should be compatible with surrounding development as there is a variety of land uses surrounding the property. Commercial properties have been situated along Wedington Drive with 2 -family dwellings and townhomes located near Persimmon Street, which is being developed with residential units on the south side of the road. Mixed use office and multi -family buildings will line the east side of the property, adjacent to existing multi -family buildings along Betty Jo. Drive. However, staff finds the overall development pattern will not enhance the surrounding neighborhoods, and will instead perpetuate a pattern of development that is not encouraged within the City. Since the proposal is not for development rights, a detailed tree preservation plan has not been reviewed; however, the applicant proposes to preserve a large section of existing canopy adjacent to Persimmon Street with smaller areas of tree preservation provided interior to the development, where possible. There are two existing ponds on the property that will be expanded to serve as detention for the development. Additionally, preliminary studies have identified two small wetland areas. A great deal of common usable space is not provided, though the proposal does include a trail within the tree preservation area, and the Boys and Girls Club/Dale Clark Park is in close proximity. In staffs opinion the land uses proposed are appropriate for this site. However, building locations, vehicular circulation and parking areas have not been designed to further the health, safety amenity and welfare of the community. The commercial area is comprised of large expanses of parking, which will be utilized during peak hour demands, but will ultimately be underutilized during off-peak hours. Vehicular circulation on Salem Road, between Jewell Road and Wedington Drive will likely be congested given the number of travel lanes required to be constructed to maintain an acceptable level of service. High peak hour traffic generating businesses combined with a multitude of turning movements will result in similar problems experience by other shopping areas, which are solely reliant on the automobile. This may in turn result in increased driving times and congestion for the overall region. K:Weports110081PC Repons107-April f 41R-PZD 07-2793 (Forest Hills). doe (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: The applicant proposes to utilize existing tree canopy along the east and south property lines to preserve existing natural features and to provide a natural buffer adjacent to the residential neighborhood to the east. Where necessary, screening shall be provided between residential and nonresidential land uses. A landscape plan will be provided at the time of development and trees along the frontages of all streets, both public and private, will be required. (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. (1) 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: The applicant has applied recommendations from a traffic study of the development in order to address the projected traffic volumes generated from the proposed uses. Salem Road, which will extend through the development, is planned to be constructed with six travel lanes at the north end of the property to serve the high volume of traffic associated with the commercial area. Salem Road will be reduced to a two-lane K:1 Reports110081 PC Reporns107-April 141 R-P7.D 07-2793 (Forest l ills).doc section adjacent to the residential properties, which should create slower, safer vehicle speeds. Traffic congestion near the intersection of Wedington Drive and Salem Road is expected due to the proposed and existing land uses. Staff has recommended an additional connection to the future signalized intersection at Wedington and the Links, to help distribute traffic and relieve congestion and delayed turning movements at Salem and Wedington. No specific traffic improvements or street designs are being reviewed and approved with this master plan proposal. (4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. FINDING: Parking is to be provided on -site for each residential lot. Each commercial use within Planning Area I and 2 will be required to provide adequate parking as required by Chapter 172 of the UDC. (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: Buffer strips, open space and screening shall be reviewed in detail at the time of development and shall be provided as required by ordinance. (6) Sidewalks. As required by § 166.03. FINDING: A 5' sidewalk is to be constructed at the right-of-way line along Wedington Drive and on both sides of all proposed streets at the time of development request. (7) Street Lights. As required by § 166.03. FINDING: Street lights are to be provided at all intersections and with a maximum separation of 300 feet. (8) Water. As required by § 166.03. FINDING: Public water will be provided to the project site, pursuant to city code. Improvements to water services may be required and shall be reviewed at• the time of preliminary plat and large scale development submittal. (9) Sewer. As required by § 166.03. FINDING: Public sewer will be provided to the project site, pursuant to city code. Improvements to sewer services may be required and shall be reviewed at the time of preliminary plat or large scale development submittal. K:IRepor1s1200SIPC RepmYs107-April 141R-PZD 07-2793 (Forest l ills).doc (10) Streets and Drainage. Streets within a residential PZD maybe either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul- de-sac. Any street connecting, one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (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:1Reports120081PC Reporls107-dpril 141R-PZD 07-2793 (Forest Hills).doc Paving Width (No On -Street Parkinel 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 and private streets/drives shall conform to city standards, as indicated in the submitted statement of commitments. Public and private streets shall not be gated, unless permitted by express approval from the City Council. b (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. FINDING: A tree preservation plan shall be submitted at the time of development for each planning area. Canopy calculations shall be based upon a minimum 25% canopy preservation required. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in KAReporrs1200811'C Reporte107-April 141R-P7D 07-2793 (Pores! Hils).doc §166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: The applicant has proposed design standards for residential structures and concept drawings for the commercial/office buildings. 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, large scale development and building permit to ensure compliance with bulk, area, greenspace, commercial design requirements, and urban residential 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: Staff finds no specific scenic views to be protected on the subject property. (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 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 K:\Reports2008PC Reports107-April 1418-PZD 07-2793 (Forest IfrlIs) .doc 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 corredted, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (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. K:IReportt120081PC Reports107-April 141R-P7D 07-2793 (Forest Iiills).doc Sec. 161.29 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (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 that some components of this proposal meet the intent of the above criteria, including flexibility in density, compatibility with the surrounding land uses and integration of a variety of uses and intensities. The proposal best fits the flexibility and K:\Reportc20O8PC vk2008lPC ReportsIO7-April 141 R-PZD 07-2793 (Forest Hills).doc variety goals of the intent of the Planned Zoning District, offering several types of housing choices, and providing opportunity for local goods and services for area residents, as well as places to live and work. Staff is hopeful that natural site amenities including water ways and trees are considered in the final design of each planning area, and that useful, open spaces are preserved for the enjoyment of the general public and residents of the area. Staff finds that the development is not consistent with the majority of the guiding policies of the Future Land Use Plan. This greenfield development will have large expanses of parking areas, which in staffs opinion will ultimately become future sites for infill and revitalization, to make a more efficient and sustainable use of the land. It seems that creating sites for future infill opportunities is in direct opposition with a policy that encourages infill. Furthermore, buildings are located 40-50' from the street, a development pattern that discourages pedestrian activity. The proposed development could have a negative impact on the surrounding area, by increasing traffic congestion near the 1-540 interchange, which has already been determined in need of improvements. The project does not provide a harmonious, creative arrangement of land uses as stated in the above. goals; rather, the land use pattern is generally in a more conventional separated land use pattern. (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. FINDINGS: The submitted development plats and Master Development Plan booklets, along with the conditions of approval found applicable and appropriate, are binding with the approval of the requested rezoning. Should the Planning Commission forward this item to the City Council, an ordinance will be drafted for consideration of rezoning this property in accordance with the submittal herein. (C) R — PZD, Residential Planned Zoning District (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but. are not limited to, the following: (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's City Plan 2025 and the orderly development of the city. K:1ReporLs110081PC Reportsl07-April 141R-P/.D 07-2793 (Forest Hills).doc (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 finds the project proposes a variety and flexibility of land uses that is predominantly available in a PZD application, but in a manner that is inconsistent with the City's City Plan 2025. Heavy traffic and congestion are anticipated by the development, and will place demands on public infrastructure in the area without significant improvements. In general, the overall land use pattern is more typical of a strict rezoning application: C-2, R -O, RMF-24 and RT-12 could be considered in each of the planning areas, respectively, with the exception of reduced building setbacks in some instances. (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) Conditions. In no instance shall the residential use area be less than fifty-one percent (51 %) of the gross leaseable floor area within the development. FINDING: The residential uses on this property are at least 51% of the overall land area within the development. (F) Bulk and area regulations (1) Residential density. Residential densities shall be determined on the basis of the following considerations: K;Reports120081PC Reports107-April 1418-PZD 07-2793 (Forest Idills).doc (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 is multi -family residential and commercial. Therefore, a mixture of housing types and densities combined with office and commercial uses is appropriate. Additionally, the city's development goals, future land use plan, and infrastructure for this area supports a higher density. (2)Lot area and setback requirements. Taking into consideration the unique aspects of each project, preliminary development plans for Planned Zoning Districts shall conform as closely as possible to the existing standards for lot area minimums and setback requirements under this chapter. FINDING: Lot area minimums and setbacks are varied on this project with residential structures oriented to the street and minimal front setbacks. This project provides for a variety of building footprints, though located in separate planning areas and separated, with a mixed unit type and mixed density. Setbacks have also been reduced for the commercial areas along Wedington Drive; however, this has not transferred to buildings being located at and addressing the street. Rather, parking lots, drive aisles and drive-thru lanes disconnect the public realms from the private developments, creating an auto -dependent environment. (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 are varied on this project, due to the mixture of uses proposed. However, sufficient setbacks have been provided based on the proximity of adjacent developments, to provide adequate light and air. (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 K: I Reporis120081 PC Reports 107 -April 141 R-PZD 07-2797 (Toren! Hils).doc scheme. FINDING: The maximum building areas are very similar to those found in comparable zoning districts and are therefore found to be appropriate. *Required Findings for Rezoning Request. FINDINGS OF THE STAFF I. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. FINDING: Staff finds that a proposal for a mixture of land uses on the subject property to be appropriate giving the location with direct access to Wedington Drive and Persimmon Street and indirect access to 1-540. Additionally, the property is located within one mile of Owl Creek Elementary School, the Boys and Girls Club and Dale Clark Park. Adequate infrastructure and access to public and commercial services supports the development of a dense, mixed use development. However, the proposal is not consistent with the City's policy to make traditional town form standard and to discourage the proliferation of conventional strip -commercial uses along major thoroughfares. The development ultimately lacks several key aspects of a traditional town form, including meaningful open spaces, small blocks, civic uses and street oriented buildings. Furthermore, there are only three building types proposed for 600 dwelling units. A greater variety and mixture of housing would be beneficial. The most conflicting aspect of the development is the placement and orientation of the commercial structures along Wedington Drive. Standard strip centers, big -box retail and commercial out lots are associated with expansive and underutilized parking lots which are highly visible from the street. These areas are auto -dominated and prevent the creation of a pedestrian friendly environment. Images of car dominated shopping centers were included as part of the City Plan 2025 document to illustrate the City's desire to avoid this development pattern and to reinvent existing developments, reinvesting in a more efficient, economic development pattern. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. FINDING: Staff finds that a rezoning of the property is justified, in that development under the current zoning of R -A is not overly desirable in close proximity to a major highway and surrounded by existing neighborhoods. The proposal for commercial, office and residential uses is appropriate for the subject property and could allow for a development pattern that is a benefit to the citizens of Fayetteville. However, in staffs opinion, significant and fundamental changes to the form of this development are necessary to create a new neighborhood that is consistent with the City's adopted policies and goals. ti:IReporrs12008IPC Reporrs107-April 141R-I'/.D 07-2793 (Forest Hills).doc 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. FINDING: Based on an analysis of traffic generated from the development, staff finds this proposal will certainly appreciably increase traffic congestion, and may contribute to traffic danger in the area; however, traffic congestion is currently a problem and therefore congestion will continue to increase as development occurs under the same development patterns. The applicants have conducted a traffic study based on development of the subject property in conjunction with other developing properties along Wedington Road. Improvements to the surrounding streets are proposed with development. Staff has recommended, as outlined in the adopted policy by the City Council, that the applicant pursue multiple means of access, as opposed to creating one, over -sized intersection. 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 this proposal will alter population density in the area with the addition of 600 dwelling units, but with improvements to water and sewer systems, should not create an undesirable increase in load on public services based on the increase in population density. Fire: These 76 acres are covered by Engine 7 located at 835 Rupple Road. It is 0.7 miles from the station with an anticipated response time of 2.75 minutes. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. FINDING: N/A K: I Repor1A20081PC Reports107-April 141R-PZD 07-2793 (Forest Hills).doc ayettevtlle J ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TO: Jesse Fulcher, Planner FROM: Alison Jumper, Park Planner DATE: March 12, 2008 SUBJECT: Parks & Recreation Technical Plat Review Comments Meeting Date: March 19, 2008 Item: C-PZD 08-2793 Forest Hills, 440)) Park District: NW Zoned: RSF-4 Billing Name & Address:. Land Dedication Requirement Single Family _____@.024 acre per unit = acres Multi Family _____@.017 acre per unit = acres Lot Split COMMENTS: 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3469 Money in Lieu @ $960 per unit = $ @ $680 per unit = $ ____@$960 per unit = $ PRAB reviewed this project at the December 3`d 2007 meeting and recomniended- accepting money in lieu of land due to the proximity to Dale Clark park and the greenspace being provided by the POA. Fee is due at time of building permit. Each additional housing unit that is constructed in Fayetteville places an increased demand on the Parks and Recreation System. The money collected as part of this lot split will be used to fund future park acquisitions and improvements for this park quadrant. LSP 08-2952 e aye"Ltevll e ARKANSAS 113 W. Mountain St. Fayetteville, AR 7270101 THE CITY OF FAYETTEVILLE, ARKANSAS Telephone: (479) 444-3416 mmihatevich@ci.fayettevitte.ar.us ENGINEERING DIVISION CORRESPONDENCE To: H2 Engineering, Inc. From: Matt Mihalevich, Trails Coordinator Date: March i8, 2008 Subject: Technical Plat Review Comments ITEM #: C-PZD: 08-2793: Forest Hills TRAIL COMMENTS i. Owl Creek Trail is identified on the Fayetteville Alternative Transportation and Trails Master Plan along the north side of Persimmon Street. Show:and label the 12 foot wide asphalt trail along the proposed south right of way line for Persimmon from the west to east property lines. 2. Salem Road is designated as an on -street bikeway. Please include thermoplastic bike symbol "sharrows" spaced every 300 feet along entire distance of the new Salem Street. Share the Road signs shall also be installed every 900 feet or as needed. Contact the Trails Coordinator for exact layout prior to installation. 3. -,- Bike and Chevron Symbol T'1etieville ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 14, 2008 PARKS AND RECREATION DIVISION CORRESPONDENCE To: Fayetteville Planning Commission From: Carole Jones, Interim Urban Forester Date: April 8, 2008 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3472 ITEM #: C-PZD 07-2793: Master Development Plan (Forest Hills) TREE PRESERVATION PLAN 1. A full Tree Preservation Plan will be required when the development comes through the planning process. This should include but will not be limited to: • A full tree inventory of all significant trees; • Canopy calculations including.ekisting canopy, preserved canopy and removed canopy; • A site analysis report; and • A survey of the location of significant trees and those directly affected by the development. 2. At the time of development, staff will assess the plans with a minimum canopy cover of at least 25%. Mitigation will not likely be supported by staff without detailed supportive information such as an arborist report. 3. Significant trees and canopy found within floodway are a high priority for preservation. Groupings of quality trees are also a high priority for preservation. 4. All preserved canopy in the southern portion of the site and preserved canopy found on POA maintained lots is required to be placed within Tree Preservation Areas to ensure protection in perpetuity. LANDSCAPE REGULATIONS i. Landscape Regulations as defined in Chapter 177 will be required with development plan approval. This shall include but not be limited to street trees, detention facility plantings, adequate greenspace, etc. Fayetteville Fire Department 303 W Center Fayetteville, AR 72701 575-8365 TECH PLAT REVIEW COMMITTEE Item: Presented by: Reviewed by: Date: C-PZD 08-2793 (Forest Hills) Morrison Shipley Engineers, Inc Dale Riggins, Captain, Fayetteville Fire Department March 18, 2008 FIRE DEPARTMENT REQUIREMENTS: 1. AFC 505. New buildings shall have an approved address numbers, building numbers, or approved building identification placed in a position to be plainly legible and visible from the street or road fronting the property. 2. AFC 503.2.1. Fire apparatus access roads shall have an unobstructed width of not. less than 20 feet and an unobstructed vertical clearance of not less than 13 feett.6 inches. 3. Aerial Apparatus Access a. D105.1 Where required. Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. b. D105.2Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. c. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. 4. AFCD103.6.1. Fire apparatus access roads 20-26 feet wide shall be posted on both sides of the fire lane. 5. AFC D103.6.2. Fire apparatus access roads 26 - 32 feet wide shall be posted on one side of the fire lane. 6. AFC C105. Maximum distance between hydrants is 500' in residential developments. Closer distances maybe required in area of commercial development. 7. Fire Department Connections a. 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be located within 100' of a dedicated hydrant and so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be approved and shown on the plat. b. 912.2.1 Visible location. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire code official. c. Fire department connection shall be located no closer than the height of the building + 15% from the structure. d. All Fire Department Connections are required to have signage that will indicate which structure the connection serves. 8. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. The Fayetteville Fire Department recommends a 30' turning radius to meet the needs of our aerial apparatus. 9. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 50 feet in length, shall be provided with an approved area for turning around fire apparatus. 10. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 50. feet in length, shall be provided with an approved area for turning around fire apparatus. If you have any questions, please feel free to contact the Fire Marshal (718-7639) or myself (575-8365) to discuss these fire code requirements Dale Riggins Fayetteville Fire Department Fayetteville Fire Department To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson Asst. Chief Bud Thompson From: Captain Dale Riggins Date: November 8, 2007 Re: November 7, 2007 Zoning Review — Fire Department Comments C-PZD 07-2793 (Forrest Hills) These 76 acres are covered by Engine 7 located at 835 Rupple Road. It is 0.7 miles from the station with ananticipated response time of 2.75 minutes. Measure hydrant flow in this area is measured at 1696 gallons per minute. The Fire Department anticipates 118. (72 EMS -and 46 Fire/Other) calls for service after the development is completed and all units are filled: The service impact of this development will typically take eighteen months, after the development is started, to occur. We do not anticipated any effects on our response times or calls for service with this development. We can not calculate the calls for service regarding the commercial development located on this property. Typically commercial developments, like these, do not affect our calls for service. R-PZD 07-2794 onewood Gai here 4.64 acres,, covered by E ire Road. is 2.5 miles frbm t e station t easured hydrant flo in this a T e Fire Department anticipates d elopment i$ completed and T e service impact of is dev 1 de lopm 'ns started, p occ r. time or cAllvfor service this 5 located at the comer of oslover and Old iti(ioated respo8seltim of 3.251Y�inutes. is{measured at 1710'gal (3 MS and 1 Fire/Othe .mr are filled. ,= rm t will typically take not antjpated at for s�r*ice after the frronths, after the on our response Please f1 free to contact me if you have any questions concerning these comments. Dale Riggins /1 r MORRISON SHIPLEY March 4, 2008 ENGINEERS • SURVEYORS City of Fayetteville Mr. Jesse Fulcher 125 W. Mountain Street Fayetteville, AR 72701 479-575-8267 Re: The Shoppes and Residences at Forest Hills R-PZD 07-2793 Master Street Plan Amendment Dear Mr. Fulcher: On behalf of Mr. John Alford of Forest Hills Development Group, LLC., I would like to request a Master Street Plan amendment for the planned extension of a collector street across the west side of Mr. Alford's property and across the east side of Ozarks Electric's property. According to the latest approved Master Street Plan, this proposed collector street would connect the driveway at the southeast comer of The Links at Fayetteville development to Mountain Ranch Boulevard which is located on the south side of Persimmon Street and at the southwest corner of Mr. Alford's property. We would like to relocate this connection as Salem Street, which goes through the interior of our site. Our current planned zoning district layout shows this street transitioning between 3 different cross sections. The northern 750' (plus or minus) will be a Minor Arterial, residential neighborhood street with an 85' right-of-way and a 54' face of curb to face of curb dimension. The middle 520' (plus or minus) will be a Collector (Intersection), residential neighborhood/city neighborhood street with a 70' right-of-way and a 41' face of curb to face of curb dimension. The southern 1700' (plus or minus) will be a Through Collector, residential neighborhood/city neighborhood street with a 59' right-of-way and a 30' face of curb to face of curb dimension. This Master Street Plan amendment has also been discussed and agreed upon by Mr. Mitchell Johnson who is the President/CEO of Ozarks Electric Cooperation Corporation. If you have any questions or concerns, please feel free to contact me at (479) 273-2209. Sincerely, N. Cory Roberts, ASLA 2407 S.E. Cottonwood Street Bentonville, AR • 72712 479.273.2209 • Fax 479.273.2553 morrisonshipley.com ELDRIDGE LAW FIRM P.O. BOX 580 201 N. EAST AVENUE, SUITE 100 FAYETTEVILLE, ARKANSAS 72702-0580 JOHN R. ELDRIDGE, III John e(a),eldridgelawfirm.com REBECCA L. PRICE rlpriceattv(imsn.com Licensed AR and TX March 31., 2008 VIA U.S. MAIL and EMAIL Mr. John D. Alford John D. Alford, P.A. 6301 Cliff Dr. P.O. Box 10210 Fort Smith, AR 72917 TELEPHONE 479.443.0908 FACSIMILE 479.443.2713 Re: Ozarks Electric Cooperative Corporation — Forest Hills Partners, LLC Dear John: This letter confirms our meeting of March 29, 2008, held at Ozarks Electric Cooperative Corporation between you, Mitchell Johnson, CEO/President of Ozarks Electric, and me. At that time, you provided us with copies of correspondence, memos, and other documents from the City of Fayetteville, Arkansas, in connection with your development on property immediately adjacent to and east of Ozarks Electric. We have entered into a general understanding between Ozarks and Forest Hills Partners concerning that development which involves the possible sale to Forest Hills Partners by Ozarks of a one -acre tract of land on the northwest comer of the proposed development and on the northeast comer of the Ozarks' property. The documents you provided show, among other things, that the City has asked Forest Hills Partners to explore a proposed public road from the Links project north of Highway 16 to line up with the west line of the Forest Hills development which would cross the one -acre tract which Ozark is considering selling to Forest Hills Partners. The purpose of this letter is to advise you that if the City makes that requirement, Ozarks will not sell the one -acre tract as such a road would interfere with the use of the Ozarks property. Not only would that proposed street be contrary. to the traffic situation and usage of the Ozarks' property; it is definitely a deal killer to the proposed sale of the one -acre tract to the Forest Hills Partners, LLC. We hope that the City of Fayetteville will not make such a requirement of your development and that we are able to enter into a sale of this property to Forest Hills Partners based on the terms and conditions we have discussed. MORRISON SHIPLEY ENGINEERS • SURVEYORS March 4, 2008 City of Fayetteville Ms. Carol Jones 125 W. Mountain Street Fayetteville, AR 72701 479-444-3470 Re: The Shoppes and Residences at Forest Hills R-PZD 07-2793 Technical Plat Review Response Letter Dear Ms. Jones: The following responses correspond with Sarah Patterson's review of Forest Hills Master Development Plan letter dated October 29, 2007. TREE PRESERVATION PLAN: 1. It is understood that a full Tree Preservation Plan will be required once this development comes through large scale development. The tree inventory has been completed and two copies are enclosed herein. 2. It is understood that we will be required to preserve 25% of existing tree canopy in order to receive staffs approval. 3. It is understood that significant trees and canopy found within the floodway are a high priority for preservation. 4. The decision to use a paved path or soft surface footpath will be made at the time of the large scale development. 5. The referenced staff recommendation of tree preservation locations has been considered in the revised plan layout. Every effort will be made to preserve trees throughout the entire project development. LANDSCAPE REGULATION 1. It is understood that Landscape Regulations as defined by Chapter 177 will be required with the development plan approval and this shall include but not be limited to street trees, detention facilities, adequate green space, etc. If you have any questions or concerns, please feel free to contact me at (479) 273-2209. Sincerely, N. Cory Roberts, ASLA 2407 S.E. Cottonwood Street Bentonville, AR • 72712 479.273.2209 • Fax 479.273.2553 morrisonshipley.com LnL S 1Y 2e D105.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925mm) In the immediate vicinity of any building or portion of building more than 30 feet (9144mm) in height. D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572mm) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building. 4. AFCD103.6.1 Fire apparatus access roads 20-26 feet wide shall be posted on both sides of the fire lane. 5. AFCD103.6.2 Fire apparatus access roads 26-32 feet wide shall be posted on one side of the fire lane. 6. AFCD105 Maimum distance between hydrants is 500' in residential developments. Closer distances may be required in area of commercial development. 7. Fire Department Connections a. 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be located within 100' of a dedicated hydrant and so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connection shall be approved and shown on the plat. b. 912.2.1. Visible location. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire code official. c. Fire department connection shall be located no closer than the height of the building + 15% from the structure. d. All Fire Department Connections are required to have signage that will indicate which structure the connection serves. 8. S03.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. The Fayetteville Fire Department recommends a 30' turning radius to meet the needs of our aerial apparatus. 9. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 50 feet in length, shall be provided with an approved area for turning around fire apparatus. If you have any questions, please feel free to contact Fire Marshal (718-7639) or myself (575-8365) to discuss these fire code requirements. GLENN NEWMAN-STAPF ENGINEER COMMENTS: 1. Recommend meeting with the Links of Fayetteville to discuss changing the alignment of the / proposed public road on the Links project to line up with the west property line of the Forrest Hills Development which would provide two signalized intersections for this project ultimately providing a higher level of service at Salem and Wedington. ✓ Please see response to the second Planning comment under "General Comments". In addition to conversations with Ozarks Electric, I contacted Jerry Kelso at Crofton Tull on 3/27/08. Jerry's opinion was that they were too for into construction to consider realigning the road. He thought the water and storm along Links Drive was installed. Also moving the fir. road from their west property line to the east would impact their tree preservation area. And lastly, Jerry said that this road was designed to line-up with the club house which is currently under construction. By moving the road, this would not be the case and more than likely not be supported by the owner. 2. Aemove the commercial drive immediately south of the Salem and Wedington intersection. ✓ Done. 3. Increase the length of the transition for pavement widening at the intersection of Salem and Wedingtion based on formula L=(WS^2)/60 where W is the width in feet and S is design speed in MPH and L is the length in feet. Provide Grading for transitions. ✓ The transitions along Salem and Wedington were increased to the appropriate lengths. 4. Move Drive B and the apposing driveway south so that the driveways are not in the transition length for the extra lanes. ✓ As discussed with staff, we have increased the transition length but will leave drive B in the original location. 5. Increase the right of way on Wedington and Salem as required for the new lanes, greenspace, and sidewalk relocations. ✓ Done. 6. Increase the distance between Drive C and Jewel to allow for a transition between the required 100 ft stacking at each intersection. ✓ As discussed with Peters, 100 ft stacking is not the actual peak queue length(see appendix capacity and LOS calculations). For PM peak flows the stacking for NBL at drive Cis 28' and stacking for SBL at Jewell is 4'. 200' between the two intersections should be more than adequate. 7. Provide transitions as required east and west of the street widening along Persimmon. ✓ Persimmon will connect to the widened section on the west (currently being widened by Ozarks Electric). A taper on the east side is shown. 8. Redesign so that alley's do not intersect with the public street in an extreme curve. ✓ Revised so alley does not intersect public street. 9. Designate the potential wetlands as described in the Olloson Report on the existing survey map. a. Explain how the wetlands will affect this project. ✓ This will be done during the design phase and after the Corps has made a wetlands determination. 10. Remove the existing utility easement from the site plan for clarity. ✓ We were asked to show and label all existing utility easements on the tech review comments from 10-31-07. We have revised the shading for clarity. 11. Off site sanitary sewer improvements are anticipated for full build out. ✓ Please explain. 12. This project is located in the potential assessment area for the future Salem bridge over Hamstring Creek. ✓ We are waiting to hear from staff on the location of the assessment area. 13. This review was for the concept of this project only. Further comments and requirements will be presented after a review of more detailed plans. • a K A 'r ��ac'f1vY J ❑evelnr 1 � Jp'"ff' x • � kt \ J' t �/j „at l : i:' Peters & Associates Engineers, Inc., has conducted a traffic engineering study relating to a proposed mixed -use develop- ment to be located on the south side of Wedington Drive (also Highway 16), immediately south of the Wedington Drive and Salem Road existing T -intersection in Fayetteville, Arkansas. The site is approximately 0.3 mile west of 1-540. As a part of this development, Salem Road is proposed to be constructed south of Wedington Drive. Eventually, Salem Road will con- nect to Persimmon Street, south of the site. Also, Jewell Road is proposed to connect to Betty Jo Drive, immediately east of the site. The mixed -use development is proposed to consist of a variety of retail, office and residential uses as indicated on the project site plan. As a part of this study, additional analysis was conducted to include trips expected to be generated by the development of Planning Area 1 retail uses only) of the site an not cluding a connection to Persimmon Street. There are no planned roadway improvements by AHTD or the City of Fayetteville in the immediate vicinity of the site. Existing AM and PM peak hours vehicle turning movement counts were made by this consultant for the intersection of Wedington Drive and Salem Road. Projected traffic volumes for full build -out of the proposed de- velopment were calculated. These projected site -generated trips were added to the existing traffic volumes (with vehicle trips expected to be generated by other planned developments in the vicinity included). Per the City of Fayetteville Plat Re- view comments dated October 29, 2007, other planned devel- opments in the vicinity have been included in projected traffic conditions at full build -out. These other developments are the following: o The Links at Fayetteville o Woodstock Community o Mountain Ranch Phase 1 o Mountain Ranch Phase 2 o Westside Village o Rupple Row. rETEM Ic ASSOCIATES EMLLVEERS. M. Page 1 Additionally, projected traffic volumes for Planning Area 1 only of the proposed development were calculatedithi9 ouISalemfptcection to Persimmon Street. These projected Planning Area 1 site -generated trips were added to the existing traffic volumes (with vehicle trips expected to be generated by other planned developments in the vicinity also included). Recommendations of this study are summarized as fol- lows: It is recommended that the roadway lane geometry be constructed as shown on Figure 9, "Recommended Schematic Lane Geometry." These improvements should be constructed coincident with full site devel- opment. It is recommended that the westbound approach on Wedington Drive at Salem Road be widened to ac- commodate dual westbound left -turn lanes and a westbound right -turn lane. It is recommended that the eastbound approach on Wedington Drive at Salem Road be widened to ac- commodate the addition of an eastbound right-tum lane. It is recommended that the southbound approach on Salem Road at Wedington Drive be widened to ac- commodate a second southbound left -turn lane. • It is recommended that Salem Road, south of Wed- ington Drive to Drive C be constructed to consist of two northbound lanes and two southbound lanes.. At the northbound approach to. Wedington Drive, Salem Road should widen to accommodate a northbound ri ht -turn lane, a northbound thru lane, dual " northboundJe turnJanes and two southbound receiv- ing lanes. PETERS & ASSOCIATES exe,xmes. mc. Page 2 It is recommended that the existing traffic signal at Wedington Drive and Salem Road be re -constructed to accommodate the addition of a south leg to this in- tersection and the additional proposed lanes on the existing legs. It is recommended that Drive A (right -in I right -out) intersecting Wedington Drive be constructed to con- sist of an inbound lane and an outbound lane with a raised right -turn channelizing island. • It is recommended that the Drive B eastbound and westbound approaches to Salem Road be con- structed to consist of a left -turn lane, a thru / right -turn lane and a receiving lane. It is recommended that the -Drive C eastbound ap- proach to Salem Road be constructed to consist of dual left -turn lanes, a thru! right -turn lane and a re- ceiving lane, and the westbound approach to Salem Road be constructed to consist of a left -turn lane, a thru / right -turn lane and a receiving lane. It is recommended that a fully -actuated traffic signal be installed at the intersection of Salem Road and Drive C coincident with full build -out of the site devel- opment (after the completion of Planning Area 1). This recommended traffic signal should have provi- sions to be interconnected to the exiting traffic signal at the intersection of Wedington Drive and Salem Road. • It is recommended that the Jewell Road eastbound and westbound approaches to Salem Road be con- structed as single -lane approaches and one receiving lane. It is recommended that the Salem Road northbound and southbound approaches to Jewell Road be constructed to consist of a left -turn lane, a thru / right -turn lane and a receiving lane. PETERS & ASSOCIATES ENCIWURS. INC. Page 3 • It is recommended that the Salem Road southbound approach to Persimmon Street align with Mountain Ranch Boulevard and be constructed to consist of a left -turn lane, a thru / right -turn lane and a receiving lane. • Intersection improvements and curb cuts along Weding- ton Drive should be constructed in accordance with in- tersection design standards of AHTD and the City of Fayetteville and will require approval by both AHTD and the City. • New intersections and traffic signal design along the planned Salem Road south of Wedington Drive and north of Persimmon Street should be constructed in ac- cordance with intersection design standards of the City of Fayetteville and will require approval by the City. PETERS & ASSOCIATES rouxEEEs. `"� Page 4 The Trip Generation, an Informational Report (7th Edi- tion), 2004, published by the Institute of Transportation Engineers (ITE) and The Trip Generation Software (Version 5 by Microtrans), were utilized in calculating the magnitude of traffic volumes expected to be generated by the proposed residential, office and retail land uses of this development. These are reliable sources for this informa- tion and are universally used in the traffic engineering profession. Using the selected trip -generation rates, calculations were made as a part of this study to provide a reliable es- timate of traffic volumes that can.be-expected to be asso- ciated with the development as proposed. Applying the appropriate trip -generation rates to the land -uses pro- posed for the development makes these calculations. Results of this calculation are summarized on Table 1, "Trip Generation Summary - Full Build -Out," below. r__,�t t_. -'- FULL BUILD -OUT LOT PROPOSED APPROXIMATE ITE REFERENCE LAND USE SIZE CODE -r-.-[-.Tf�M1T.�..�--. .A.. �--. .l T-. mS+� c- ._i:>'fl 2a -HOUR TWO-WAY WEEKDAY VOLUME a:�� AM PEAK HOUR VOLUME ENTER EXIT PM PEAK HOUR VOLUME ENTER EXIT l.. T^�F•1..�.... _. 111 •®. 111 1 .• 4. ®® ••. • ••. - \ '1 1 •. .• : ,E • v 'I 1. 111 1 fl• 1 1 • ,. •' \ii ut '• Ii 1- i4fl 11'11 • ®® ••• 1 1[Ilii® ..F .. 'I •. - • f •• • .1 ... . 1 •: 11 • fl® 1�� \ 650 •. •'r •- - • 1 - , I I I T--.RfTr'Rl • Detached • -. .. •. I I I ••. I •I I --- T- � •.R -.-1 .. _ • 11 13 L .-.. ) _y r �I -+M1_T_-Pi I ._... __ 1 • 1 1 •—vt--__i^rv__-._..om� 1,505 PETERS & ASSOCIATES ENGINEERS. INC. Page 13 CAPACITY ANALYSIS Results and Level of Service Analysis Existing Traffic Conditions Capacity and level of service analysis was performed for existing traffic conditions for the adjacent street AM and PM peak hours for the intersection of Wedington Drive and Salem Road. As indicated in Table 2, "Level of Service Summary — Existing Traffic Conditions," all existing vehicle move- ments for existing traffic conditions at the intersection of Wedington Drive and Salem Road presently operate at what calculates as an acceptable LOS "CR or better for the AM and PM peak hours. Traffic volumes used for this analysis are shown on Figure 3, "Existing Traf- fic Volumes." PETERS & ASSOCIATES GYINr.CRS. INC. Page 19 • Eastbound left -turn vehicle movement on Drive B at Salem Road with "Stop" sign control (LOS "E") during the PM peak hour. Vehicle delay associated with this movement should only occur for a short time during the PM peak hour with all other hours operating at better LOS. • Eastbound left -turn vehicle movement on Drive C at Salem Road with "Stop" sin control during the PM peak hour (LOS "F"). These vehicle movements im- prove to an acceptable LOS "D" with proposed traffic signal control. As a part of this study, for projected traffic conditions, queue length analysis was conducted for the study inter- sections. With the recommended lane geometry, analysis shows vehicle queue lengths will not exceed proposed storage lengths. The queue length analysis is included in the Capacity and Level of Service section in the Appendix for reference. .. . • . . . �JI®� r§®t }�j it ,�{t+�'4 f(�� 4!\�IiIY%�1.J® . ®©0000- .oa and - __, ooa00000 :�c3�000fli000 m •.fa00000000 __ •. . �� ty Srt`�f TrF K — - - — .. ... ®o�0000m 00000n® o . - ....-! -- m00000000m, :k. ,. . 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Q N O N N Cl a N w b w 443 4t o- b8 < M Y N N Cl 27 5'�Y � 43 43-o a- W O 4-33 N bw49 59 Y 205 o a w O o- 209 58 0I 418 t7 M N WD z° 2O WOO J 0y W on- U - 4: a tx I- 0 z F - X W z LJJ CM Q r Z O o Y J a >O') W U 09j j W > 1n li F W Y o LLJ G Vl W F U O U 6 d u - o a -z W ao 0 at a ZID Na UN as [II ict CPZD07-2793 Future Land Use FOREST HILLS SUBJECT PROPERTY .en t a---------_�. Civic and Pnv to OpIn §�a rks Civic Institutional -UnGassifie �� t ^� ROW s +.: • Overview Legend Subject Property• Boundary • MCPZDO7-2793 r,,_ Planning Area ❑ Streets Overlay District Existing LJ Outside City Planned Legend 0 175 350 700 1.050 1,400 Feet r•.. C 9' a S, Y p p i T L U / 0 1O 1t i I - o o N r O t N CHOCKET1PL 1 a C1 LI V. •• [p,cc � � yl aA A ay. �h Si 4 Y a�V:1Ay]C.ny_yyyT.FJJ....�� 44yyccii��riY.� i 1�+�arl4 't ]Y�'i��1 YY�'5" yg .+F a.5 �<w r °�Y ipp)��vs]4+Y,"z,1�`9'safi�' ��y"ke c a +at++4 vi dyCXr4 :. ly¢rya r.�`"i -.i- .�w/i�'(a q3'�"�§ V �CrRfiek34 .� \Y ery {"a n g rib ,: > �an�S 'Ci^W.iyi n[%c vX. -Yry' i i gi s�Y. SY>1rYn �Jlu � i � . ri t. .Y'.- �.� - �.I r.. et&.�F F+`'(e r . i ,.r S / 1' Rye nevi le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE To: City Council, Mayor Dan Coody From: Jeremy Pate, Director of Current Planning Date: 03 May 2008 Subject: Forest Hills PZD Additional Condition of Approval: 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 As directed by the Council and City Attorney, staff has drafted a condition of approval for consideration, as discussed at the previous meeting. This condition, if agreed to by the applicant and Council, would need to be added to the official conditions of approval. "The applicant shall construct Salem Road as a Collector Street from Wedington Drive to Persimmon Street with the first phase of development" Master Street Plan Amendment: Attached you will find three options for consideration on the Master Street Plan amendment being discussed in association with the Forest Hills PZD. Option #1: Remove the Golf Club Drive Collector Street altogether, and re -designate the extension of Salem Road within the Forest Hills PZD as a Collector Street. Option #2: Retain the Golf Club Drive Collector Street along the eastern portion of the adjacent Ozarks Electric property, extending it further to the south with a connection to the planned public street and Salem Road within the Forest Hills PZD. Option #3: Relocate the Golf Club Drive Collector Street to the common boundary of the Forest Hills property and the Ozarks Electric property, with a connection to Salem Road, at a location in the same general vicinity as where the current Master Street Plan leaves the Ozarks Electric property. Recommendation: Staff does not recommend removing the connection altogether (Option #1), finding this is an important street connection for future development and relieving traffic congestion in this area. Staff finds in favor of Options #2 and #3, as both achieve the goal of providing a connection back to the planned signalized intersection and ultimately to Salem and Rupple Road. Option #3 will have less impact on the Ozarks Electric property, and would split the responsibility of future right-of-way dedication and street construction between the two property owners, at the time it is warranted with development. K:Ueremy12008 Correspondenceltioard MemoslForesi Hills PZD.doc I OPTION #1 RESOLUTION NO. A RESOLUTION FOR R-PZD 07-2793 FOREST HILLS AMENDING THE MASTER STREET PLAN, REALIGNING GOLF CLUB DRIVE, A PROPOSED NORTH -SOUTH COLLECTOR STREET, AS DESCRIBED AND DEPICTED IN THE ATTACHED MAPS. WHEREAS, Collector Streets are intended to provide traffic circulation within residential, commercial and industrial areas, collecting traffic to channel it into the arterial system, and providing direct connections between arterials in order to disperse traffic throughout the City; and WHEREAS, Salem Road is proposed to be extended through the Forest Hills development, providing a north -south connection from Wedington Drive to Persimmon Street; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan to remove the extension of Golf Club Drive south of Wedington Drive to Persimmon Street and to redesignate Salem Road as a Collector Street within the Forest Hills PZD as indicated in Exhibit "A", attached hereto and made a part hereof. PASSED and APPROVED this day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer Forest Hills Master Street Plan Amendment . . I i II I III 4UPI II /1 __ mar: ��,��II1h(VdL. w �1 �.� "i lilt :: Ufl S? ( i iii ■. t1 t1 1- tiiiuiilil lull iaY :i ii Qll iii ��E���i r %se'i ii •� .. �J w W r ■ ar I r ��� it'fir rJ11.1 �� ry. _ I ■ .4' . 1 r I� � - r r � Yw� __ Y�r r rrl 1111ra�� - I A I..I..t rzaii a att OPTION #2 RESOLUTION NO. A RESOLUTION FOR R-PZD 07-2793 FOREST HILLS AMENDING THE MASTER STREET PLAN, REALIGNING GOLF CLUB DRIVE, A PROPOSED NORTH -SOUTH COLLECTOR STREET, AS DESCRIBED AND DEPICTED IN THE ATTACHED MAPS. WHEREAS, Collector Streets are intended to provide traffic circulation within residential, commercial and industrial areas, collecting traffic to channel it into the arterial system, and providing direct connections between arterials in order to disperse traffic throughout the City; and WHEREAS, Salem Road is proposed to be extended through the Forest Hills development, providing a north -south connection from Wedington Drive to Persimmon Street; and WHEREAS; realigning the extension of Golf Club Drive to connect to the proposed public street within the Forest Hills PZD will provide a future connection to Rupple Road as intended by the Master Street Plan; and WHEREAS, the City Council finds that the proposed realignment of Golf Club Drive as indicated on the attached maps maintains the integrity of each Collector Street connection while also providing alternative transportation routes and connectivity between neighborhoods; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan to realign the extension of Golf Club Drive to connect to the proposed public street within the Forest Hills PZD as indicated in Exhibit "A", attached hereto and made a part hereof. PASSED and APPROVED this day of , 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer Forest Hills R, Master Street Plan Amendment [1C I - ridi The Links at ' ,—__ Fayetteville I � r 1 .a t_ Fill • —= - .• - mow, -- —C C= a -::p t' =�- -- - r+w -= - w w. ��1�1���'•V' 1�11� ■M�''ll�i a_ N Feet 0 250 500 750 1,000 COLLECTOR • ^ • FREEWAY/EXPRESSWAY • • w MINOR ARTERIAL en PRINCIPAL ARTERIAL •- PRIN ARTERIAL PKWY LOCAL COLLECTOR FREEWAY/EXPRESSWAY MINOR ARTERIAL Z. PRINCIPAL ARTERIAL PRIN ARTERIAL PKWY _r. r OPTION #3 RESOLUTION NO. A RESOLUTION FOR R-PZD 07-2793 FOREST HILLS AMENDING THE MASTER STREET PLAN, REALIGNING GOLF CLUB DRIVE, A PROPOSED NORTH -SOUTH COLLECTOR STREET, AS DESCRIBED AND DEPICTED IN THE ATTACHED MAPS. WHEREAS, Collector Streets are intended to provide traffic circulation within residential, commercial and industrial areas, collecting traffic to channel it into the arterial system, and providing direct connections between arterials in order to disperse traffic throughout the City; and WHEREAS, Salem Road is proposed to be extended through the Forest Hills development, providing a north -south connection from Wedington Drive to Persimmon Street; and WHEREAS, realigning the extension of Golf Club Drive along the common boundary with Ozarks Electric and Forest Hills will provide a future connection to Rupple Road as intended by the Master Street Plan; and WHEREAS, the City Council finds that the proposed realignment of Golf Club Drive as indicated on the attached maps maintains the integrity of each Collector Street connection while also providing alternative transportation routes and connectivity between neighborhoods; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan to realign the extension of Golf Club Drive along the common boundary of the Ozarks Electric property and Forest Hills to connect to Salem Road within the Forest Hills PZD as indicated in Exhibit "A", attached hereto and made a part hereof. 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V/ W i a N � Z OW W z ct:N W O - - - - - - . - - _. - - - . _ - - - - (6 10 08J Clarice Pearman - Res. 119-08 and Ords. 5145-5147 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 NORTHWST ARKANSAS EDITION • - A - 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 5146 June 8, 2008 Publication Charge : $110.78 Subscribed and sworn to before me This/o day of u rLe_ , 2008. '' Notary Public Laiktt. Ljaaeiacip.GO-T 'FIB J: aiARy My Commission Expires: %'tea G6 �2_. PUBL'G Do not pay from Affidavit, an invoice will be sent RECEIVED JUN 10 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE y RECEIVED JUN 102008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE - ___ .- - ____ ORDINANCE MO. 6116 PL NNED ORDINANCE ESTABLISHING AD R F'ZD 0 - A ! T� 1 /, 2793 ZONING DISTRICT OCT TIRED DING ON\Y� 1C 2793 FOREST HILLS, LOCATED AT WEDINGTON DRIVE, SOUTH OF SALEM ROAD, CONTAINING ARKANSAS APPROKIMA�Lur MAP [ ACRES; THE CCIITYNOFtFAYET' It R ORDAINED UY THE CITY COUNCIL OF THE CITY OF edlon 1: That the zone classlhcari n of the following described property is hereby changed as fol- zwS: rom R -A. Residential Agricultural, R-0, Residential Office and Gi, Neighbah000 Commercial to R. A- 2007-2793 as shown In Exhibh'Am and depicted In Ext ibh'Battached hereto and made a pen ereof. ;action 2: That the change In zoning classification Is based upon the approved matter develop- nent plan, development standards, statement of commitments and the conditions of epProval as ubmitted, determined appropriate and by ouncil: rurther, that the ons of approval shall be flied and available for NoMthe evMg in theoffic tof the City Clera/Treasurer of the heCity d :ayefteviile. 'secllon 3, That thisHamadMemaster dlnance shall htPlane efet and been bainhit forceatsuch time asall ofthe requre- SeFetactthe zoning the change official providedzoning map ppedcOm Cabove. ayettevllle, Arkansas, is hereby amended to PASSED and APPROVED this 3rd day Of June, 2008. APPROVED: ATTEST: By DCOODY, Mayor 6OMORA L SMITH, City CbAtTNfll t Exhibit A Is a map and may be viewed In the office of the City ClerkRreasurer during normal busi- ness hours. EXHIBIT 'B' R-PZD 07-2793 THE SOUTHWEST OUARTER (SW114)_ AND YAMI Ur Inc I'rvnu _'', _, ... -.. v_... . FRACTIONAL SECTION 7, TOWNSHIP 16 NORTH. RANGE 30 WEST, PP MOPEPURTICICULLAARRLY DESCRIBED AS FOLLING TKAT OCEL WS; BEGINNING DESCRIBED IN DEE BEGINNING AT THE SE CORNER OF THE SW114 OF THE SW114 OF S/ ALONG THE SOUTH LINE OF SAID SWV4 OF THE SW114 N87°34'5711 N01.5440'E 1685.93 FEET: THENCE NO2'29'51'E 711.94 FEET; THENCE TO THE SOUTH RIGHT OF -WAY LINE OF WEDINGTON DRIVE (ARKANS ThENCE ALONG SAID SOUTH RIGHT-OF.WAV UNE S8rOV26E 86349 UING ALONG SAID SOUTH IR GHT-0 WAY LINE S87°0449'E 330.00 FE 535.19 FEET; THENCE; S02'07'36'W 213602 FEET TO THE POINT OF B 3,588,472.6 SQUARE FEET OR 82.38 ACRES. MORE OR LESS. AND St OF -WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OF