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:
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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.
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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
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APPROVED- ATTEST: ins
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; FAYETTEVILLE ;
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By: By: �lli..w- � j . . . . • Jam.
DAN COODY, Mayo SONDRA E. SMITH, City Clerk/Treasurer
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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.