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HomeMy WebLinkAboutOrdinance 5154 REF: 2007-00013096 IIIIIIIIIIIIIIIIIIIIIIIIIII"IIall IIIIIIIIIIII1111 IIIIIIIIIIIIIIIIIIIIIII 1 Filed: 04/06/2007 Doc ID : 012427470018 Tvoe . REL Recorded : 08/ 11/2008 at 02 : 35 : 19 PM Doc. ID# 011020350014 Fee Amt : $100 . 00 Paae 1 or 18 Nashlnaton County • Aa Bette Stamos Clrcult Clerk F11e200840026487 ORDINANCE NO. 5154 AN ORDINANCE TO AMEND ORDINANCE NO. 49945 CONDITION OF APPROVAL NO. 1 OF RUSKIN HEIGHTS R-PZD 06-2299 REGARDING STREET IMPROVEMENTS. WHEREAS, the City Council of the City of Fayetteville approved a Residential Planned Zoning District known as Ruskin Heights (R-PZD 06-2299) on March 20, 2007 with Ordinance No. 4994 containing conditions of approval; and WHEREAS, condition of approval no. 1 requires the applicant to improve streets adjacent to and off-site from the site in association with the-project, conditioned upon Arkansas Highway and Transportation Department (AHTD) approval for Hwy 45 (Mission Blvd); and WHEREAS, current and projected traffic from the R-PZD does not at this time meet the required warrants to install the required improvements on the adjacent Hwy 45 nor are they permitted by AHTD; and WHEREAS, the City's Master Street Plan indicates Mission Blvd. should in the future be widened, therefore contributions by the applicant of money-in-lieu of required improvements for a delayed street improvement along Hwy 45 would better serve the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to condition no. 1 of R-PZD 06-2299 (Ruskin Heights) replacing the original condition with the language indicated in Exhibit "A" attached hereto and made a part hereof. Section 2: That all other conditions, commitments, development standards and other requirements of the project approved by Ordinance No. 4994 shall remain in full effect unless otherwise modified by the City Council . PASSED and APPROVED this 15th day of July, 2008. APPROVED: ATTEST: o```EFWTR ' ,,� GV SG, By: n By: /�bvxCS u �? DAN COODY, Mayor SO (� RA E. SMITH, City erk�VWLLE ; '��wee /;GTON � Exhibit "A" Ruskin Heights PZD Amendment No. 1 The following condition of approval is hereby amended for R-PZD 06-2299 (Ruskin Heights): Streets and Right-of-Way 1 . City Council determination of street improvements. The applicant shall be responsible for the following: a. Mission Boulevard improvements: i) Section 1 : Greenview Drive to Ruskin Heights west property line. The developer shall contribute an assessment in the amount of $24,634.27 for money-in-lieu of construction of curb, gutter, 6-foot wide sidewalks and a west-bound tum lane onto Greenview Drive. The assessment shall be paid prior to the final plat of or issuance of any building permit associated with Phase IV, whichever occurs first. This assessment will be utilized with future re-development of the adjacent property or by the City with future capital improvements to Mission Blvd. ii) Section 2: Ruskin Heights project frontage (approx 943 linear feet). The developer shall construct a 3-lane street section with pavement, curb, gutter, storm drains, and 6-foot wide sidewalks. Striping of turn lanes shall be consistent with the approved construction drawings and all City of Fayetteville and AHTD standards. Construction of these improvements shall occur with Phases I-III, with the approved development of 57 dwelling units and 16,636 SF of nonresidential area. Sidewalks along Hwy 45 in this section shall be constructed as buildings are constructed on the adjacent lots. iii) Section 3: Ruskin Heights east property line to west property line of Metropolitan Bank. The developer shall contribute an assessment in the amount of $18,561.00 for money-in-lieu of construction of curb and gutter along the length of this section. The assessment shall be paid prior to the final plat of or issuance of any building permit associated with Phase IV, whichever occurs first. This assessment will be utilized by the City with future capital improvements. The developer shall construct 6-foot wide sidewalks along this section to complete a full sidewalk connection, within existing right-of-way. b. Traffic Signal at Mission Blvd/Lisa Lane: i) The developer agrees to and shall be responsible for the payment and installation of a fully actuated traffic signal at the intersection of Lisa Lane and Mission Blvd, as soon as AHTD warrants are met and a permit for construction is issued. The developer shall contribute the full cost of the traffic signal prior to recordation of the final plat of Phases I-III, with the approved development of 57 dwelling units and 16,636 SF of nonresidential area. ii) A traffic warrant analysis shall be presented to the City and AHTD with every phase of the development to determine what improvements are warranted and will be installed with each phase of the development. c. Greenview Drive improvements: i) At the time of connection with Greenview Drive: Minimum 14' from centerline street improvements with curb, gutter, 6' sidewalks, and storm drainage on the east side of Greenview from Mission Boulevard south to Viewpoint Drive. All off-site improvements shall occur within existing right-of-way, with final placement of sidewalk to be determined by the City Engineer. AS AMENDED BY CITY COUNCIL. ii) At the time of connection with Greenview Drive, the developer shall construct a limited right-in, right-out access on Greenview Drive. This shall consist of a landscaped median, approximately 70 feet in length, that separates north and south bound traffic, with appropriate improvements on both sides to ensure adequate access. The landscaped median shall be planted with trees and shrubs to buffer properties west of Greenview. Final design shall be approved by the City Engineer and Urban Forester. � 0 IHIIIIHIII�IIIIIIII�III��HIIIIIII�I�IIIHI�IIIHlllllll�ll Doe ID : 011020350014 Type : REL Recorded : 04/06/2007 at 03 : 36 : 44 PM Fee Amt : (47 .00 Pape 1 of 14 Washington Countv . AR Bette stamps Circuit Clerk File200740013096 It ORDINANCE NO, 4994 SCANNED AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 06-2299, RUSKIN HEIGHTS, LOCATED WEST OF HIGHWAY 265/CROSSOVER ROAD, ON THE SOUTH SIDE OF MISSION BOULEVARD; CONTAINING APPROXIMATELY 28.93 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 RSF-4, Residential Single Family, 4 units per acre to R-PZD 06-2299 as shown in Exhibit "A" and depicted in Exhibit `B" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 20th day of March, 2007. Page 2 Ord. 4994 cr�ERK/rT�R���ryi''i * so CST Y p�sG',• APPROVED- ATTEST: ins v;• .• ; FAYETTEVILLE ; s d `9;9KANSPy ���� By: By: �lli..w- � j . . . . • Jam. DAN COODY, Mayo SONDRA E. SMITH, City Clerk/Treasurer n EXHIBIT "A11 Q RPzoos-ZZs RUSKIN HEIGHTS Gose Up View a g ' 1. RSF' RSF4 P.i` d-'<' � > T J ° eat ' ate+• ` . SUBJECT PROPERTY RSF-4 ' R.vF4 RA rot f 6 y. I PMF24 . C-7 r - .�.i RSF.3 , RSF-0 _RSF-0 : o-p Ra FA Rip. . .. . - � � e RSF.4 a RSF.q :: . 7:" ". ::::• RSF+1 RSF+1 RSF4 RSF-0 �VBNI®w Legend M Mdde•1 M*OveraY D6eW 000a00 6000® may District — FLOOOVIAY ... ..•. 500 YEAR RM µz O Fayetteville — T°e TEAR _— �Y v W.GDSamuse Outsme Cay 0 1625 325 650 975 1,300 Feat n EXHIBIT "B" R-PZD 06-2299 A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHWEST QUARTER (SWI/4) AND THE SOUTHWEST QUARTER (SWI/4) OF THE SOUTHEAST QUARTER (SEI/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A ''/z" REBAR LOCATED S87032'34"E 660.0 FEET FROM A STONE MONUMENT LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE N 03°38'07" E 441 .29 FEET ''/s" REBAR; THENCE N 87°33'26" W 135 .00 FEET 1/2" REBAR; THENCE N 03°42'40" E 80.00 FEET %' REBAR; THENCE N 87°33'28" W 175 .00 FEET %2' REBAR; THENCE N 03°42'40" E 212.28 FEET %' REBAR; THENCE S 87°48'42" E 310.03 FEET %" REBAR; THENCE N 03042'38" E 417.42 FEET TO A %:" REBAR LOCATED ON THE SOUTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY NO. 45 (MISSION BOULEVARD); THENCE NORTHASTERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N 69°23'34" E 249.39 FEET TO A ''/s" REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF 108.99 FEET AND A CHORD BEARING OF N 72036'42" EAST 108.93 FEET TO A ''/s' REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 978.84 FEET, AN ARC LENGTH OF 335.04 FEET AND A CHORD BEARING OF N 85°38'10" E 333 .40 FEET TO A %2' REBAR, S 01004105 " W 12.27 FEET TO A ''/z' REBAR; S 86°22'14" E 166.88 FEET TO A ''/i' REBAR, S 03035131 " W 1 .95 FEET TO A %i' REBAR, THENCE S 86°28'21 " E 252.00 FEET TO A ''/2' REBAR; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S 03029'46" W 825 .60 FEET TO A %' REBAR LOCATED ON THE NORTH LINE OF THE PARK PLACE ADDITION PHASE H; THENCE N 85048'23" W 422.74 FEET TO A %2' REBAR LOCATED AT THE NORTHWEST CORNER OF SAID ADDITION; THENCE S 03°45'46" W 491 .63 FEET ALONG THE WEST LINE OF SAID ADDITION TO A STONE MONUMENT; THENCE N 87°31 '58" W 657.93 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 28.93 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 - Page 1 of 10 The following conditions of approval are hereby approved for R-PZD 06-2299 (Ruskin Heights). Streets and Right-of-Way 1 . City Council determination of street improvements. StaJfrecommends the following street improvements, based on the proportionality of the development 's impact: a. The developer shall construct a 3-lane street section with pavement, curb, gutter, and storm drains, from where it currently stops east of the site on Mission Blvd west to Greenview Drive, to include complete 6-foot sidewalk connections on Mission Blvd. The applicant shall coordinate with the Engineering Division and AHTD to determine if a continuous turn lane or tum lane at major intersections is more acceptable. Construction of these improvements shall occur with Phases I-III, with the approved development of 57 dwelling units and 16,636 SF of nonresidential area. b. The developer agrees to and shall be responsible for the payment and installation of a fully actuated traffic signal at the intersection of Lisa Lane and Mission Blvd, as soon as AHTD warrants are met and a permit for construction is issued. The developer shall contribute the full cost of the traffic prior to recordation of the final plat of Phases I-III, with the approved development of 57 dwelling units and 16,636 SF of nonresidential area. A traffic warrant analysis shall be presented to the City and AHTD with every phase of the development to determine what improvements are warranted and will be installed with each phase of the development. c. At the time of connection with Greenview Drive: Minimum 14' from centerline street improvements with curb, gutter, 6' sidewalks, and storm drainage on the east side of Greenview from Mission Boulevard south to Viewpoint Drive. d. At the time of connection with Greenview Drive, the developer shall construct a limited right-in, right-out access on Greenview Drive. This shall consist of a landscaped median, approximately 70 feet in length, that separates north and south bound traffic, with appropriate improvements on both sides to ensure adequate access. The landscaped median shall be planted with trees and shrubs to buffer properties west of Greenview. Final design shall be approved by the City Engineer and Urban Forester. 2. The applicant shall dedicate right-of-way as follows: a. City Council determination of a lesser dedication of right-of-way for Mission Blvd. Mission Boulevard is identified as a principal arterial with a minimum of 55 ' from centerline right-of-way required to be dedicated to the City with the development of the property per UDC § 166.05 (C.6). The developer requests a reduction in the Master Street Plan right-of-way dedication requirements in order to accommodate existing utilities along Mission Blvd., leaving the existing 40-feet from centerline in place. The applicant has submitted a formal waiver request along with an exhibit showing that the full Master Street Plan improvements to Mission Boulevard are 0 0 AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 2 of 10 possible without the full 55' from centerline right-of-way. However, this would require the greenspace and new sidewalk along Mission Boulevard to be placed under a pedestrian access easement granting the City full inspection, access, and maintenance rights for public benefit. The waiver request discusses that the full right-of-way dedication is difficult because of an existing 16.5 foot easement granted to Southwestern Bell adjacent to the existing right-of-way that would be required to be dedicated for a principal arterial. According to the applicant, this easement contains the largest and most expensive fiber optic line in the State of Arkansas, contained within a concrete duct run. Moving this line would be very expensive and could likely be required if the right-of-way is dedicated in its place. Staff recommends in favor of the waiver request finding that the information presented by the applicant sufficiently indicates that Mission Boulevard can be improved to its Principal Arterial designation along the projectfrontage with half of a median, two lanes of traffic, and part of the greenspace within the right-of-way, and that the remainder ofgreenspace and sidewalk (1 S ' total) would be provided within a public access easement allowing full maintenance rights by the City. These access easements shall be dedicated at the time of final plat. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. b. 25' from centerline right-of-way dedication along Greenview Drive by the preliminary plat; variable right-of-way dedication along the internal streets as depicted on the site plan; rear alleys shall be within a 26' access easement owned and maintained by the property owner's association. 3 . Planning Commission determination of a waiver of minimum street design standards: a. The applicant requests a waiver to allow varied return radius (CRR) as shown on the plat at all street intersections and driveways when City Code requires a 30' CRR for streets (UDC § I71 .02(C)). Staff recommends approval of the CRR waiver requests, finding that the minimum effective turning radius as depicted in exhibits provided to staff provides evidence that adverse impacts to traffic and pedestrian safety would not occur. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. b. The applicant requests a waiver to allow different street cross sections than are required by the current Master Street Plan standard (UDC § 166.06 (K)( 10)(a) and 166.08(C)(14)). The applicant proposes on-street parallel parking, when the Master Street Plan does not have a cross-section that allows designated parallel parking in the design as proposed. In addition, the palette of street widths proposed is not permitted with the adopted Master Street Plan — there are not Master Street Plan street cross-sections with the exact width and dimensions proposed. i. Staff recommends approval of a waiver to construct all street cross sections as requested (see PZD booklet pages 2-4) finding the variety of street widths will help in traffic calming and are consistent with the overall TND development O O AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 3 of 10 philosophy for this project to help encourage pedestrian activity, provided that a 7. 5 ' parking lane is maintained, as measured to the face of curb. Staff will review detailed construction plans at the time of development. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. ii. Alley cross-section of 12 feet for two-way traffic. Staff recommended a minimum pavement width of 16 feet for two-way traffic and 12 feet for two-way traffic, as outlined in the Master Street Plan. The applicant has revised the plans, indicating the 12 foot alley will be one-way; therefore staff supports the alley cross-sections as noted. The dead-end alleys shall be increased to a minimum of 16 feet of pavement and shall be designated for two-way traffic. THE PLANNING COMMISSION APPROVED THIS CONDITION WITH CHANGES AS NOTED. c. The applicant requests a waiver to allow for retaining walls directly at the back of the right-of-way line when a minimum of two feet is required per UDC Section 171 .01 (C). Pursuant to city code, a retaining wall is required to be constructed a minimum of two feet behind the right-of-way. As recommended by the Hillside Best Management Practices, keeping improvements within more confined areas (reducing right-of-way, utility easements, etc.) reduces the overall impact on the hillside. Allowing retaining walls to be designed appropriately closer to the right-of-way would allow grading and other site improvements to be as limited as possible, thus decreasing the impact on the site. According to the applicant, no sidewalks or right- of-way would be impeded by the proposal. Based on staff's review of this proposal, in the areas proposed for development, no anticipated issues with this request are foreseen. Staff recommends approval of this request. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. d. The applicant requests to use alternate vertical K values for street and alley designs on the site rather than those required by the City of Fayetteville Minimum Street Standards due to the steep inclines creating substantial grading challenges. Staff recommends approval of this request. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. e. The applicant requests a waiver of the 150 horizontal curve radii required by the City of Fayetteville Minimum Street Standards due to the steep terrain on the site. Staff recommends approval of this request. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. f. The applicant request street grades greater than 4% within 100 of an intersection required by the City of Fayetteville Minimum Street Standards due to the steep terrain of the site. Staff recommends approval of this request, based on several meetings to discuss these intersections, finding they will not create a dangerous AMENDED CONDITIONS OF APPROOVAL: R-PZD 06-2299 Page 4 of 10 situation. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION g. Gutter sections. The booklet calls out stand-up curbs, which are in contrast to the City's street design standards. Staffsupports the requested gutter section, which is in keeping with a more urban design standard. Similar curbs are utilized on Dickson Street and in the downtown area. Asphalt is used as the gutter pan, and provides a wider travel lane section without increasing the overall width of the street. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. 4. All private alleys and any sidewalks outside the right-of-way shall be included in a shared access easement. This access easement shall be included on the final plat. 5. No parallel parking spaces are allowed within 30' of a stop sign (Fayetteville Code of Ordinance Section 72.03(G)). The site plan has been revised to accommodate this requirement. The applicant shall coordinate all striping of streets and parallel spaces with the Transportation Division and Fire Department, as the ultimate administrators of these code sections. 6. A minimum of 26' clear shall be provided along all alleys to provided adequate room for a trash truck and arm to pick up residential trash carts. 7. Signs indicating future street extension shall be installed at all street stub-outs. 8. A temporary cul-de-sac or turnaround shall be constructed at the terminus of Street `J' in accordance with State fire code requirements as it is a dead end greater than 150' in length. Parking 9. Planning Commission determination of a request to allow fewer than required off-street parking spaces than allowed by ordinance for Phases 1-3 of the development, instead providing an abundance of on-street parking to meet parking ratios. As depicted in Table 3 provided earlier in this report, the applicant proposes to provide 112 off-street parking spaces when 160 are required, and proposes that the proposed 82 on-street parking spaces throughout public streets in the development would be able to accommodate the additional required parking spaces required in Phases 1-3 . Staff recommends approval of this request, recognizing that the streets throughout this development, as amended from the City 's Master Street Plan specifically to provide on-street parking, would provide parallel parking and can safely satisfy the additional demands for parking not provided off-street as depicted in Table 3. Because of the mixed-use nature of the project, parking demands will peak at different times, as proven by ITE standards. This will result in a more efficient use of infrastructure than the typical single-use parking lots that are empty during off-peak hours. Future parking needs for expansion of any facilities on this property shall be provided in accordance with the UDC. Staff recommendation for this is tied to the street width and Solid Waste Division requirements for adequate access to be provided. AMENDED CONDITIONS OF APPROOVAL$ R-PZD 06-2299 Page 5 of 10 THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION Commercial Design Standards 10. Planning Commission determination of commercial design standards for the commercial portion of the live/work structures and overall compatibility and transition in the proposed development. Staff finds in favor of this determination. The building elevations of the live/work structures and all other structures in this development are well-articulated and provide for a consistent and overriding theme throughout the development, which transitions well between the mixed use buildings/flats, townhouses, live-work units, and single-family detached houses. The zoning criteria and elevations for the residential and non-residential structures requires buildings to front the street, and small building setbacks help create a streetscape and facilitate an overall compact and complete development. There is a wide variety of uses and structures that prevent a visual monotony while maintaining a compatible architectural design throughout the site. All non-residential uses beingproposed are located interior to the project, away from existing single family subdivisions. THE PLANNING COMMISSION FOUND IN FAVOR OF COMMERCIAL DESIGN STANDARDS. Water and Sewer 11 . Off-site water and sewer improvements shall be installed as necessary to provide domestic and fire protection to the development. Phasine 12. Planning Commission determination of the proposed phasing plan. Staff recommends approval of the phasing as indicated within the submittal. This project is required to obtain all permits in accordance to the Phasing as listed and depicted in the PZD booklet and noted below. A one-year extension may be approved by the Planning Commission (subject to the criteria in UDC Chapter 166 for extensions). Phase No. Year Phase 1 2007 Phase 2 2898-2007 Phase 3 2009 2007 Phase 4 204-02008 Phase 5 201- 2010 Phase 6 2012 THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. PHASING HAS BEEN ADJUSTED SLIGHTLY FROM THE PLANNING COMMISSION REVIEW TO ACCOMMODATE THE DEVLEOPMENT OF PHASES WH ALL IN ONE YEAR AS NOTED ABOVE AND REQUIRED IN THE AMENDMENTS TO STREET IMPROVEMENTS . STAFF IS IN SUPPORT OF THIS MODIFICATION.