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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. 0 0 AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 6 of 10 Parks 13. The developer shall contribute money -in -lieu of parkland dedication for all dwelling units constructed on this property. Fees -in -lieu shall be submitted prior to final plat approval for subdivisions and prior to building permits for large scale developments. Fees shall be utilized for the acquisition and development of parkland within the Southeast Parks quadrant. 14. The money -in -lieu requirement for the proposed development• at the time of City Council approval of the PZD is $229,440 with 103 single family units and 192 multi -family units, for a maximum of 295 dwelling units. The developer is currently requesting approval for phases 1-3 with 29 single family residential units and 28 multi -family residential units. The money in lieu requirement for Phases 1- 3 is $46,880, due prior to final plat recordation. 15. All final contributions of fees -in -lieu of parkland dedication shall be determined based on the actual density that is constructed on the property. 16. Additionally, the developer shall provide the following public access easements at the time of development, on the Final Plat: a. A trail corridor located near the western boundary of the site through the tree preservation area with the POA retaining ownership. The Developer shall work closely with the Trails Coordinator and Urban Forester to develop this connection. b. A public access easement for the Spanish Steps, leading from the Greenspace/Civic Space north of Street "E" to the Greenspace/Civic Space south of Street "J," as indicated on the plat. c. A public access easement for the village green, the larger of the greenspace/civic spaces proposed in the project. Tree Preservation Plan 17. Revise the tree preservation fencing and tree canopy numbers along the western most ingress/egress off of Mission Boulevard. There appears to be some canopy that could be preserved. 18. Lot 68 located on the east side of the project is unacceptable to the City Engineering Division for tree preservation/mitigation. With the proximity of the water and sewer line under this alley, the entire space to the eastern and southern property line must act asan easement. This change will not allow any canopy to be counted as preserved nor will it allow any of the trees planted in this area to be counted toward mitigation requirements. 19. Mitigation is required on this site. The applicant has requested and been approved to do a combination of on -site planting and money in lieu for the total 265 trees. With the comments of the previous condition, an additional 9 (2) inch caliper mitigation trees will be required. At the time of Final Plat a total number of on -site trees and money in lieu will be approved. 0 0 AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 7 of 10 20. At the time of final plat a tree mitigation planting plan will be required for review and approval by the urban forester. All trees that can be planted before signature of final plat should be leaving only those on the individual lots to come with the development of the homes. The remainder of trees that can not fit on the site will be paid into the City's Tree Escrow Account. 21. A 3 -year bond, letter of credit, or check in the amount of $250 per tree will be required before signature of final plat to ensure the maintenance and health of the trees planted on - site. Finding all trees healthy at the end of the 3 years the amount will be returned in full. Landscape Plan 22. Future lots 2 and 3 will be required to go through large scale development at which time landscape requirements will be assessed. Landscape requirements for the remainder of the project (lot 65) will be assessed at time of development plans. Landscaping along the detention ponds and greenspace area to meet City Codes shall be installed with the development of those portions of the project. 23. A landscape plan stamped by a licensed landscape architect is required at time of construction drawings. 24. Planning Commission determination of a waiver request of UDC § 177.05 (B.3), to utilize the urban streetscape option with a 9 -foot sidewalk width as opposed to the required 10 feet. Staff recommends approval of this waiver, finding that adequate width is proposed a to provide accessibility, pedestrian safety and room for the tree to grow. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. Plat and Booklet Revisions 25. Revise the plat and booklet zoning criteria for all Planning Areas to require the building setbacks to be a minimum of 10' from all property lines exterior to the PZD boundary line. General 26. Planning Commission determination of zoning criteria. Staff is supportive of the zoning criteria presented, with the following exception: staff recommends a minimum building setback of] 0 ' adjacent to any property line exterior to the overall 28.93 -acre PZD boundary to provide a reasonable level of transition from adjacent properties. No alley or other form of development shall occur within 5' of a property line without the adjacent property owner's consent. The applicant has indicated compliance with this recommendation, though modifications to the booklet and plat are necessary. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. 27. Large scale development review is required prior to development for Lots 2 and 3. Lot 65 will be required obtain large scale development and/or subdivision approval prior to 0 0 AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 8 of 10 development, pursuant to the process identified in the UDC. A final plat shall be processed and approved prior to issuance of any building permits. 28. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. Encroachment of structures or any portion of a structure shall comply with all applicable Building Codes unless otherwise and specifically approved by the City Council at the time of development. 29. Buildings shall be constructed to be consistent with the concepts depicted in the building elevations in the PZD booklet. All buildings shall be designed and constructed to front onto public rights -of -way. All non-residential buildings or mixed use buildings shall adhere to Commercial Design Standards. 30. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code, and shall be subject to signage requirements for commercial development for Planning Area 1, and for residential development for all other Planning Areas. 31. 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. 32. Due to the very large and complex nature of this project, a detailed review of all aspects of the site and landscape plans in each phase of construction shall take place prior to issuance of building permits. The development shall be consistent with the site plan and mix of uses as approved in the PZD. All development shall meet applicable zoning and development criteria, unless specifically waived or varied by the Planning Commission as part of the PZD approval. Standard Conditions of Approval 33. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 34. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. 35. All mechanical and utility equipment located on the wall and/or on the ground shall be screened. All roof -mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting buildings. Mechanical and utility equipment over 30 inches in height shall meet building setbacks. Smaller ground -mounted equipment may be screened with tall grasses or shrubs. Add this note to the site plan and all construction documents. AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 9 of 10 36. 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. 37. All overhead utility lines under 12kv shall be relocated underground. All proposed utilities shall be located underground. 38. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 39. Prior to the issuance of a construction permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Final plat for this project that shall include all easements and the tree preservation area. d. Project Disk with all fmal revisions. e. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. ADDITIONAL CONDITIONS: 40. All foundations for structures within the Ruskin Heights PZD shall be designed and stamped by a State of Arkansas licensed engineer or architect, with the exception of accessory structures that are uninhabited and less than 100 square feet in area. 41. The developer has agreed to and shall install a typical screening fence adjacent to any lot within the Broadview and Park Place Subdivisions that share a common boundary with a lot accessed by way of a rear lane (alley) located within Ruskin Heights, at the request of the property owner. Typical fence materials shall be coordinated between the developer and property owner, and shall not exceed six feet in height. 42. To provide additional compatibility and transition in response to concerns by neighbors and the City Council, the developer has offered to remove Planning Area 3 — Bungalow Courts from the Master Development Plan. Of the 24 dwelling units associated with Planning Area 3, 17 dwelling units have been moved to the interior of the project in Planning Area 2 — Livework Townhomes, while 7 dwelling units have been moved to Planning Area 5 — Single Family. This move reduces the density adjacent to both Broadview and Park Place Subdivisions while retaining the same number of dwellings for the overall project. The attached table compares the changes in density, acreage and dwellings in each affected O O AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 10 of 10 Planning Area; revised plats and booklets shall be submitted to Planning reflecting these changes prior to submittal of construction documents, and these changes shall be binding to the zoning of the property. Any minor modifications resulting in the shift in units from one Planning Area to another shall be accommodated, with the approval of the Zoning and Development Administrator, with a full review of the revised booklets and plats. AGENDA REQUEST /�tskcn Nqh f� FOR: COUNCIL MEETING OF JULY 1, 2008 FROM: JEREMY PATE, GARY DUMAS, MAYOR DAN COODY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Ordinance No. 4994 To Amend Condition Of Approval No. 1 APPROVED FOR AGENDA: pb-18.1Dt� re y P Date Gary Du s —�� Date Dan Coody Date Mayor 6-(g -vg I hams Date City Attorney (as to form) ,(.W arr ` ire 11 City Council Meeting of July 1, 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 Ron Petrie, City Engineer a Date: June 19, 2008 Subject: Amendment to Condition #1 —Ruskin Heights (R-PZD 06-2299) Staff recommends approval of an amendment to condition #1 of the approved R-PZD 06- 2299 for Ruskin Heights, regarding street improvements to Mission Avenue and Greenview Drive. On March 20, 2007, the City Council approved Ordinance No. 4994, establishing a Residential Planned Zoning District for Ruskin Heights. This project consists of 29 acres on which 295 attached and detached dwellings along with 58,500 square feet of non-residential space will be constructed in six phases. Condition of approval number I of the PZD addresses street improvements, specifically those associated with Mission Avenue (Hwy 45) and Greenview Drive. Mission Avenue was required to be widened to a 3 -lane section east and west of the site, with all typical associated improvements, subject to City and AHTD approval. As noted during discussion of the PZD at the Council level, improvements to Hwy 45 require AHTD approval, and are based on set criteria that are not under the control of the developer or the City. The developers contracted with a traffic engineer to study the intersections along Hwy 45, to determine if the 3 -lane section would improve the level of service and meet warrants set by AHTD. These results of the study are clear that warrants are not currently met to permit a 3 -lane section along Mission Avenue (see attached letter from Ron Petrie, City Engineer). The developers were able to secure approval for the widening of Hwy 45 along the project boundary, as was presented at the Council meeting. However, for the remainder of Hwy 45, the only option available under the current approval is for the developer to install the curb and gutter, storm sewer and sidewalk improvements without widening the street. After discussion with the developers of Ruskin Heights, staff has prepared an amendment to condition of approval no. I for consideration by the Council, allowing payment -in -lieu of construction of the majority of the improvements along Hwy 45. Staff supports this option over the installation of the improvements because 1) the installation of curb, gutter, etc. without widening will not improve the level of service or turning movements; 2) installation City Council Meeting of July 1, 2008 Agenda Item Number of these improvements now will likely delay even further the City and AHTD from permitting a widening of Hwy 45 when warrants can be met; and 3) future widening would result in the removal and reconstruction of these improvements, thus resulting in increased cost to the City or State. Staff recommends the developers install the improvements that have been approved by the City and the State along the project's boundary, which includes turn lanes and all typical improvements (Section 2). The timing and commitment to the traffic signal will remain as it was offered by the developers and approved by the Council originally. Staff also recommends the developers contribute money -in -lieu of construction of curb, gutter, sidewalks and a turn lane onto Greenview Drive along Mission west of the property boundary (Section 1) and money -in -lieu of curb and gutter east of the property boundary off -site to Metropolitan Bank (Section 3). Missing sidewalks east of the property boundary would still be constructed, to provide a completed pedestrian connection to Crossover (Hwy 265). All delayed infrastructure improvement dollars noted herein would be required to be contributed prior to the final plat of or issuance of any building permit associated with Phase IV of the project, whichever occurs first. In addition, staff recommends a slight wording modification to the Greenview Drive improvements, to clarify that the improvements recommended will all be located within the existing right-of-way along Greenview Drive. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 4994, 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_day of , 2008. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk 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 turn 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-I1I, 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 improvements shall occur within existing right-of-way, with final placement of sidewalk to be determined by the City Engineer. 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. ',� s♦ I f . �.yfV/'t��.. 'CS -ik{ { ♦ 'nt 'Y �• "l' 4T - i� +uU>$rf 3 r. ₹�t��xr • e ,� { 4 9a � JG ' ~� y .�j �TK}j 3Z X14 it�Iia'3`Fi�'I�xsr �lN �dR j{3 '�` yU`p iI v ,RG�"T \ IRR' ' ♦� 1 A ♦ xV fl�wy'lt rf I I'l. �A { ♦ And I '{ r(r d�-�`Y�t r f♦ �♦ f f e 'i I r.Y' Ib ul vl/' fl Z ; ; ♦���FT\eaa_��w..�yY(1 WaM��' +.n µ ♦ I. \ Yn ?Ry nk.Mefa. '♦%P. IG gry-r. F. f0.. = Ff .v ... i 1 tf- t, } FAY 'SAT•pY'µ4 � J vLY. as J...y V1 Y + ba � Wr h 1'. T �vf I8a]y.2 •Y `vi..w. 4'�♦.a`._ '_jl�. f a 1 t' 1 Y• ♦ f i �/ I T� .s^tea' .i.� _^fin Ys Y �:t♦ �- tj�. �{. 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I[. s W]L'a M:i�-• _;.:=i�E_�R.�AYZ:A Y� ,}��.�CMRfiYT tI... ....cr community.by.design •.- • ,•} • • trill„ TOWN PLANNING.un HAW rN31N[GNING Monday, June 23, 2008 Mr. Jeremy Pate Director of Current Planning City of Fayetteville Planning Department 125 W Mountain St Fayetteville, AR 72701 RE: Ruskin Heights PZD Condition of Approval Ia Mr.Pate: Regarding Ruskin Heights PZD Condition of Approval Ia, the three (3) one hundred foot turning lanes along the project frontage as proposed during the entitlement process have been approved in concept by the Arkansas Highway and Transportation Department (AHTD). Constructions plans for this improvement are currently being developed to be used for construction. Ruskin Heights requests that the sidewalk associated with the three (3) one hundred foot turning lanes along the project frontage be constructed with development of Lots 1,2,3, and 65. The remainder of the improvements as stated in Condition of Approval I a have been found by our traffic engineer to not be warranted even with full build out of Ruskin Heights. If these improvements are not found to be warranted then the AHTD will not issue permits for construction. In place of the improvements that AHTD will not permit, Ruskin Heights proposes the following: 1. $24,634.27 for future construction of curb and gutter and sidewalk on Highway 45 from Greenview Drive to the projects west property line, and for future construction of a west -bound left hand turning lane at the intersection of Highway 45 and Greenview Drive. The $24,634.27 will be paid prior to the final plat of Phase IV. The costs for these improvements are summarized in the attached Table 1. 2. $18,561.00 for future construction of curb and gutter along Highway 45 from the project's east property line to where curb and gutter begins near Metropolitan Bank. The $18,561.00 will be paid prior to the final plat of Phase IV. The costs for these improvements are summarized in the attached Table 2. Also, attached is Table 3 which is a schedule of the offsite improvements associated with the Ruskin Heights project and there cost, along with backup information labeled as Exhibits I through 5. Thank you for considering our proposal and we look forward to your response. Sincerely, ran Teague, P sident Community by Design, LLC. 311 spring street fayeItev{Ile. ar 72701 p479.444.0095 1 479.444.0097 ffighway-05/Mission Boulevard Improvements RH-07 City of Fayetteville, Washington Cmmty, Arkansas 6/24/2008 TABLE - 1 Engineer's Opinion of Probable Costs for Concrete Sidewalk, Curb & Galter, and Greenview Turning Lane, West of Ruskin Hieghts Properly Line STREETS AND PAVING Asphalt Surface Coursa. AI4TD PG 64-22 (2" -Thickness) Asphalt Rinder(2.5"-Thicknem) Cmsh Stone Ras Corm. Class? (6" -Thickness) Comxte Crb and Guuer (West PL Co Greer iew) Concrete Sidewalk (West PL m Greenvicw) rsniFlrxal� StIMtSn �� ��%•NSC>'≥: �3 e r�.c^. 15%mmingeney STREETS & PAVING TOTAL 9 r r.t`..N1Y«r pn corn inuiii tyJ: v.+< s asl s ..p11:r rcr .v.a.',mv+urra[x-:o Fayetteville, Arkansas 72701 Phone: (479) -444-0095 Fax: (479) - 444 - 0097 Quantity Unit Unit Cost Total 29 Ton $75.00 $2.175.00 266 S.Y. $1135 53.019.!0 460 S.Y. $1020 $4,692.00 597 L.F. $10.00 $5,910.00 375 L.F. $15.(N) $5.625.00 ia. h r' a`. S21 2 -I Community By Design RH-O7_062100 Mssbn Boulevard Improvements Wool of Ruskin (Strool Only) for Cny.x1s624/2T€ $3.213.17 $24.634.27 Highwny-45Mission Boulevard Improvements RH-07 City of Fayetteville. Washington County, Arkansas®' 6/24/2008 •� •::: 11( 1 .. 1Or-ta-e C,' uJpyY yuyN$ Y. n+Y.M Fayetteville. Arkansas 72701 Phone: (479) -444-0095 Fax: (47.9) - 444 - 0097 TABLE -2 Engineers Opinion of Probable Costs for Curb & Gutter East of Ruskin Heights Property Line Quantity Unit Unit Cost Total STREETS AND PAVING Crush Stone Best Crurs:. Class 7 (6" -Thickness) 15%contingency $2A21M STREETS & PAVING TOTAL I $18,561.00 Community By Design Rlt-0' 0620.08 65sslon Bcdeva:d Ea a (Sheet Orly) Table 3 Ruskin Heights Offsite Improvement Schedule and Cost Ruskin Heights Offsite Improvements Cost Highway 45 Improvements $659,661 Traffic Light $125,000 Fiber Optic (required for a 4 way intersection and traffic signal at Lisa Lane) $736,488 4. Park Place and Broadview Waterline Improvements (Improves fire flow in both Broadview and Park Place subdivisions) $153,893 5. Park Place Drainage Improvements Additional Drainage Pipe (diverts all runoff around Park Place) $45,000 Additional Volume in Detention Pond $50,000 6. Greenview Drive Improvements $101,780 7. Lisa Lane Sanitary Sewer Improvements $115,862 Total $1,987,684 GRKANSAS STATE HIGHWAY ✓,� AND TRANSPORTATION DEPARTMENT DISTRICT FOUR 4019 TOWSON AVE. • P.O. BOX 1424 • FORT SMITH, AR 72902-1424 • TELEPHONE (479) 646-5501 • FAX (479) 646.8286 WASHINGTON - CRAWFORD - FRANKLIN - SEBASTIAN - LOGAN - SCOTT - POLK May 29, 2008 Mr. Mike Clotfelter Community by Design 311 West Spring Street Fayetteville, Arkansas 72701 Re: Mission Boulevard Highway 45, Section 5, L.M. 2.17-2.75 Washington County Springdale Dear Mr. Clotfelter: We are in receipt of your letter dated. May 17, 2008, concerning an extension of improvements east and west of the proposed development. We have discussed this issue with Ron Petrie, City Engineer for the City of Fayetteville. Placing curb and gutter along the south side of Highway 45 presents additional maintenance for the Department. Furthermore, the curb and gutter may interfere with any future improvements or potential widening of the highway. Therefore, improvements to the section of highway outside the limits of the proposed development should not be undertaken at this time. If you have any questions regarding this matter, please contact Chad Adams, District Construction Engineer, at 646-5501. Sincerel 7etShipman rict Four Engineer C: City of Fayetteville, Ron Petrie, City Engineer Assistant Chief Engineer — Operations Roadway Design FAYETTEVILLE TIIE CITY OF FAYETTEViLLE 113 WEST MOUNTAIN FAYETLEVILL.I, ARKANSAS 72701 479-444-3429 FAX 575-8202 April 10, 2008 Community By Design. LLC Attn: Brian Teague, P.E. 311 West Spring Street Fayetteville, AR 72701 Re: Ruskin Heights Traffic Study Dear Sir: The traffic study for this development as prepared by Peters & Associates Engineers, Inc. dated February 22, 2008 has been received by our office and reviewed for compliance with the City of Fayetteville requirements. On .March 20. 2007; the Fayetteville City Council approved the Planned Zoning District for the Ruskin Heights Development. As a condition of that approval, the following street improvements were required: The developer shall construct a 3 -lane street section with pavement, curb, gutter and stone 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 turn lane at major intersections is more acceptable. Construction of these improvements shall occur with Phases I- Ilt, with the approved development of 57 dwelling units and 16,636 sf of non- residential area. The approved Planned Zoning District includes widening of Mission Blvd. along the project frontage to include a left turn lane at both entrances into the development. Also included was the installation of a traffic signal at the intersection of Mission and Lisa Lane. These improvements are planned with the first phase of construction and have received conceptual approval from the Arkansas Highway and Transportation Department (AHTD). The traffic study submitted evaluated the existing and proposed traffic on Mission from Greenview east to the intersection with Highway 265. The study shows the level of service for each of the intersections with Mission in this area for the existing traffic, the Ruskin Heights April 3, 2008 PAGE 2 proposed fully developed traffic with the existing highway configuration (2 -lane highway), and the proposed fully developed traffic with turning lanes added to the highway. In this analysis, the traffic engineer has determined that the addition of a turning lane on Mission Blvd. would have no affect on the calculated level of service for Mission Blvd at each of the intersections that were analyzed. The AWED policy is to not approve the installation of improvements such as turn lanes and traffic signals unless the existing traffic is shown to warrant the improvements. With the recommendations in this traffic study, we will defer to the AHTD policy regarding lane additions. However, with the fully developed traffic, there is a notable decline in the level of service on some of the intersecting side streets in this area. Our recommendation will be that with future phases of construction (beyond what is currently approved for development) each of these intersections will need to be evaluated for possible improvements. Sincerely, __! Ron Petrie, P.E. City Engineer Intersections Traffic Stud Mission Boulevard (Highway 45) and ♦ Green view Drive ♦ Cambridge Drive ♦ BallAvenue ♦ East Oaks Drive ♦ Glenbrook Place. prepared for: Ruskin Heights, LLC PETERS & ASSOCIATES ENGINEERS, INC. • CIVIL& TRAFFIC ENGINEERING • 5507 Ranch Drive - Suite 205 (501) 868-3999 Little Rock, Arkansas 72223 Fax (501) 868-971( Fayetteville, Arkansas REGISTERED PROFESSIONAL ENGINEER ERNEST J. PETERS No. 4682 Project No.: P-1344 February 22, 2008 Peters & Associates Engineers, Inc. conducted a comprehen- sive traffic study consisting of conducting traffic volume data counts, performing necessary analysis of traffic volume data for projected traffic conditions to include full build -out of the planned Ruskin Heights development for the following inter- sections along Mission Boulevard (Highway 45) in Fayette- ville, Arkansas: • Mission Boulevard and Greenview Drive • Mission Boulevard and Cambridge Drive • Mission Boulevard and Ball Avenue • Mission Boulevard and East Oaks Drive • Mission Boulevard and Glenbrook Place. Projected traffic volumes for full build -out of the planned Ruskin Heights development were calculated. These pro- jected Ruskin Heights generated trips were added to the ex- isting traffic volumes, which resulted in total projected traffic volumes at full build -out of the planned Ruskin Heights site at the five study intersections. As a part of this study, analysis for the projected traffic conditions for the five study intersec- tions was conducted with the following lane geometry as- sumed: • Mission Boulevard as the existing two-lane roadway sec- tion • Alternate lane geometry including a left -turn lane at each of the study intersections on Mission Boulevard. This is a report of methodology and findings relating to a traf- fic engineering study undertaken to: • Evaluate existing traffic conditions at the study intersec- tions. • Ascertain projected traffic operating conditions at the study intersections. • Identify the effects on traffic operations resulting from ex- isting traffic in combination with full build -out of the planned Ruskin Heights development generated traffic. PETERS & ASSOCIATES LtCI TEM. INC. Page 1 r {y • Evaluate traffic operations for the study intersections along Mission Boulevard and make determination if a left -turn lane on Mission Boulevard may be necessary and appropriate for acceptable traffic operations. In the following sections of this report there are presented traffic data, study methods, findings and recommenda- tions of this traffic engineering investigation. The traffic engineering study is technical in nature. Analysis tech- niques employed are those most commonly used in the traffic engineering profession for traffic impact analysis. Certain data and calculations relative to traffic operational analysis are referenced in the report. Complete calcula- tions and data are included in the Appendix of the report. PETERS h ASSOCIATES EFLLYE[RC, IYf.. Page 2 Tim The location of the study intersections is within the City of Fayetteville in Washington County, Arkansas. The study intersections locations and vicinity are shown on Figure 1 and Figure 2, below. ua 3 0 Traffic count data collected as a part of this study include AM and PM peak hour vehicle turning movement couhts at the following intersections: • Mission Boulevard and Greenview Drive • Mission Boulevard and Cambridge Drive • Mission Boulevard and Ball Avenue • Mission Boulevard and East Oaks Drive • Mission Boulevard and Glenbrook Place. The AM and PM peak hour turning movement count data at these intersections are summarized in the following peak hour turning movement charts. These AM and the PM peak hour turning movement counts are presented in detail in the Appendix of this report. The AM and PM peak hour vehicle turning movement counts made as a part of this study are shown on Figure 3, "Existing Traffic Volumes - AM and PM Peak Hours." PETERS k ASSOCIATES Page 6 Findings of this study are summarized as follows:. • Capacity and LOS analysis for existing traffic condi- tions (existing traffic volumes, lane geometry and traf- fic control) was conducted for the study intersections. All existing vehicle movements for existing traffic con- ditions at the study intersection presently operates at what calculates as an acceptable LOS "D" or better for the AM and PM peak hours. Level of service analysis was performed for the pro- jected traffic volumes for the AM and PM peak hours traffic with existing lane geometry on Mission Boule- vard and with alternate lane geometry including a left - turn lane at each of the study intersections on Mission Boulevard. For the intersections studied for both analysis scenarios, all of the vehicle movements at the study intersections for these projected traffic con- ditions are expected to continue to operate at what calculates as an acceptable LOS "D" or better for the AM and PM peak hours except for the northbound right -turn / left -turn vehicle movements on Greenview Drive at Mission Boulevard during the PM peak hour (LOS "E"). This volume is low (71 vehicles) and the delay is caused by the higher volume on Mission Boulevard. ' Even with the LOS "E" for this movement, the calculated 95th percentile queue is less than three vehicles. • As a part of this study, for existing traffic conditions and for projected traffic conditions (with and without the addition of left -turn lanes on Mission Boulevard, queue length analysis was conducted for the study intersections. With the existing lane geometry, analy- sis shows vehicle queue lengths will be minimal. Cal- culated queuing indicates typical 95th percentile queuing on Mission Boulevard of approximately one vehicle and only a maximum of three vehicles on any of the intersecting side streets included in this study. PETERS & ASSOCIATES INC. Page 21 • A direct comparison of the two projected conditions analysis scenarios (with and without left -turn lanes on Mission Boulevard at the study intersections) shows no change in the calculated LOS for the east / west vehicle movements on Mission Boulevard. There are no discernable improvements in the traffic operations at the study intersections with the addition of left -turn lanes on Mission Boulevard at the study intersections. The only vehicle movement that is calculated to be less than acceptable LOS "D" fore projected traffic conditions is the northbound right -turn / left -turn vehi- cle movements on Greenview Drive at Mission Boule- vard during the PM peak hour (LOS "E"). Even with the LOS "E" for this movement, the calculated 95th percentile queue is less than three vehicles. • In conclusion, for projected conditions, there is not a demonstrated need to widen Mission Boulevard to provide left -turn lanes at the study intersections. PElENS k ASSOCIATES CKCIVEc0.C. Page 22 6C. I + iii p6 's lbsls�Essap ,3��'! ���3ls1sail ! srl; a�° a , iI€ 4 9 1 $ � fflH 'i 1 1 K y = I I' 1 1 1 1 ,''! i tYu 1 w, { 1 LL Z C-IE, V 6 O W..W I— Y _ •JH+ QI, s p III f ,..�� seas p I � ';3 e -n. -.h:! du 11, fK ei�� p dd§ $ Z flI, N Y II I I r 1 _. �.. ♦.... W �9�---2: pl 1 li f �� n -� f _ TL Ii z 1 II %d '1 Ya � ♦ ♦♦ sav:ra I 1 a ti ��` � `--- _, I L3—• ` r • n - � O W . 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Y C W c 3°1 -'- FI z a C. r i f +• �"v °I r t 4:1ii pa 1Wi 5 IL f I M O z U N • 1 •3 O > z z .. •. mmo zzz • Our, LsJ Ijn if �'1 •� I U m z wO •.. .I IN wn v W z < a •, ❑ Z LL w a D m CT, • ''n II a - 7j Y h \!1 ORDINANCE NO. 4994 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 ATTEST: By: SONDRA E. SMITH, City V rVgs s a a a Apis �,•°�XSY OF a e FAYETTEVILLE; EXHIBIT "B" R-PZD 06-2299 A PART OF THE SOUTHEAST QUARTER (SEI /4) OF THE SOUTHWEST QUARTER (SWI I /4) AND THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWO (2), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A '/2" REBAR LOCATED S87°32'34"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 ''/2' REBAR; THENCE N 87°33'26" W 135.00 FEET %2" REBAR; THENCE N 03°42'40" E 80.00 FEET'/2" REBAR, THENCE N 87°33'28" W 175.00 FEET %' REBAR; THENCE N 03°42'40" E 212.28 FEET %2" REBAR; THENCE S 87°48'42" E 310.03 FEET %2' REBAR; THENCE N 03°42'38" 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 ''/2' 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 72°36'42" EAST 108.93 FEET TO A'/:' 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 01°04'05" W 12.27 FEET TO A'/2" REBAR; S 86°22'14" E 166.88 FEET TO A %2' REBAR, S 03°35'31" W 1.95 FEET TO A %2" REBAR, THENCE S 86°28'21" E 252.00 FEET TO A/2' REBAR; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING S 03°29'46" W 825.60 FEET TO A 'A" REBAR LOCATED ON THE NORTH LINE OF THE PARK PLACE ADDITION PHASE II; THENCE N 85°48'23" W 422.74 FEET TO A''/W' 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 I 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. Staffrecommends 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 turn lane at major intersections is more acceptable. Construction of these improvements shall occur with Phases I-1II, 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 wan -ants 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 ofright-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 J 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 ofthe waiver requestfinding that the information presented by the applicant sufficiently indicates that Mission Boulevard can be improved to its Principal Arterial designation along the project frontage with halfofa median, two lanes of traffic, and part of the greenspace within the right-of-way, and that the remainder ofgreenspace and sidewalk (15'total) would be provided within apublic access easement allowing full maintenance rights by the City. These access easements shall be dedicated at the time offinal 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 § 171.02(C)). Staff recommends approval-ofthe 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. L Staff recommends approval ofa 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 1 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. Staffrecommended a minimum pavement width of 16 feet for two-way traffic and 12 feet forpro-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 staffs 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 INFAVOROF 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 APPROVAL: 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 fie 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 amendedf rom 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. Staffrecommendation for this is tied to the street width and Solid Waste Division requirements for adequate access to be provided AMENDED CONDITIONS OF APPROVAL: 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. Phasing 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 2002007 Phase 3 2009 2007 Phase 4 241-02008 Phase 5 20-1-1.2010 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 I -III ALL IN ONE YEAR AS NOTED ABOVE AND REQUIRED IN THE AMENDMENTS TO STREET IMPROVEMENTS. STAFF IS IN SUPPORT OF THIS MODIFICATION. AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 6 of 10 Parks 13. The developer shall contribute money -in -lieu of parkland dedication for all dwelling units constructed on this property. Fees -in -lieu shall be submitted prior to final plat approval for subdivisions and prior to building permits for large scale developments. Fees shall be utilized for the acquisition and development of parkland within the Southeast Parks quadrant. 14. The money -in -lieu requirement for the proposed development at the time of City Council approval of the PZD is $229,440 with 103 single family units and 192 multi -family units, for a maximum of 295 dwelling units. The developer is currently requesting approval for phases 1-3 with 29 single family residential units and 28 multi -family residential units. The money in lieu requirement for Phases 1- 3 is $46,880, due prior to final plat recordation. 15. All final contributions of fees -in -lieu of parkland dedication shall be determined based on the actual density that is constructed on the property. 16. Additionally, the developer shall provide the following public access easements at the time of development, on the Final Plat: a. A trail corridor located near the western boundary of the site through the tree preservation area with the POA retaining ownership. The Developer shall work closely with the Trails Coordinator and Urban Forester to develop this connection. b. A public access easement for the Spanish Steps, leading from the Greenspace/Civic Space north of Street "E" to the Greenspace/Civic Space south of Street "J," as indicated on the plat. c. A public access easement for the village green, the larger of the greenspace/civic spaces proposed in the project. Tree Preservation Plan 17. Revise the tree preservation fencing and tree canopy numbers along the western most ingress/egress off of Mission Boulevard. There appears to be some canopy that could be preserved. 18. Lot 68 located on the east side of the project is unacceptable to the City Engineering Division for tree preservation/mitigation. With the proximity of the water and sewer line under this alley, the entire space to the eastern and southern property line must act as an easement. This change will not allow any canopy to be counted as preserved nor will it allow any of the trees planted in this area to be counted toward mitigation requirements. 19. Mitigation is required on this site. The applicant has requested and been approved to do a combination of on -site planting and money in lieu for the total 265 trees. With the comments of the previous condition, an additional 9 (2) inch caliper mitigation trees will be required. At the time of Final Plat a total number of on -site trees and money in lieu will be approved. AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 7 of 10 20. At the time of final plat a tree mitigation planting plan will be required for review and approval by the urban forester. All trees that can be planted before signature of final plat should be leaving only those on the individual lots to come with the development of the homes. The remainder of trees that can not fit on the site will be paid into the City's Tree Escrow Account. 21. A 3 -year bond, letter of credit, or check in the amount of $250 per tree will be required before signature of final plat to ensure the maintenance and health of the trees planted on - site. Finding all trees healthy at the end of the 3 years the amount will be returned in full. Landscape Plan 22. Future lots 2 and 3 will be required to go through large scale development at which time landscape requirements will be assessed. Landscape requirements for the remainder of the project (lot 65) will be assessed at time of development plans. Landscaping along the detention ponds and greenspace area to meet City Codes shall be installed with the development of those portions of the project. 23. A landscape plan stamped by a licensed landscape architect is required at time of construction drawings. 24. Planning Commission determination of a waiver request of UDC § 177.05 (B.3), to utilize the urban streetscape option with a 9 -foot sidewalk width as opposed to the required 10 feet. Staff recommends approval of this waiver, finding that adequate width is proposed a to provide accessibility, pedestrian safety and room for the tree to grow. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. Plat and Booklet Revisions 25. Revise the plat and booklet zoning criteria for all Planning Areas to require the building setbacks to be a minimum of 10' from all property lines exterior to the PZD boundary line. General 26. Planning Commission determination of zoning criteria. Staff is supportive of the zoning criteria presented, with the following exception: staff recommends a minimum building setback of 10' adjacent to any property line exterior to the overall 28.93 -acre PZD boundary to provide a reasonable level of transition from adjacent properties. No alley or other form of development shall occur within 5of a property line without the adjacent property owner's consent. The applicant has indicated compliance with this recommendation, though modifications to the booklet and plat are necessary. THE PLANNING COMMISSION FOUND IN FAVOR OF STAFF RECOMMENDATION. 27. Large scale development review is required prior to development for Lots 2 and 3. Lot 65 will be required obtain large scale development and/or subdivision approval prior to AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 8 of 10 development, pursuant to the process identified in the UDC. A final plat shall be processed and approved prior to issuance of any building permits. 28. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. Encroachment of structures or any portion of a structure shall comply with all applicable Building Codes unless otherwise and specifically approved by the City Council at the time of development. 29. Buildings shall be constructed to be consistent with the concepts depicted in the building elevations in the PZD booklet. All buildings shall be designed and constructed to front onto public rights -of -way. All non-residential buildings or mixed use buildings shall adhere to Commercial Design Standards. 30. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code, and shall be subject to signage requirements for commercial development for Planning Area 1, and for residential development for all other Planning Areas. 31. 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. 32. Due to the very large and complex nature of this project, a detailed review of all aspects of the site and landscape plans in each phase of construction shall take place prior to issuance of building permits. The development shall be consistent with the site plan and mix of uses as approved in the PZD. All development shall meet applicable zoning and development criteria, unless specifically waived or varied by the Planning Commission as part of the PZD approval. Standard Conditions of Approval 33. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 34. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. 35. All mechanical and utility equipment located on the wall and/or on the ground shall be screened. All roof -mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting buildings. Mechanical and utility equipment over 30 inches in height shall meet building setbacks. Smaller ground -mounted equipment may be screened with tall grasses or shrubs. Add this note to the site plan and all construction documents. AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 9 of 10 36. 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. 37. All overhead utility lines under 12kv shall be relocated underground. All proposed utilities shall be located underground. 38. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 39. Prior to the issuance of a construction permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Final plat for this project that shall include all easements and the tree preservation area. d. Project Disk with all final revisions. e. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. ADDITIONAL CONDITIONS: 40. All foundations for structures within the Ruskin Heights PZD shall be designed and stamped by a State of Arkansas licensed engineer or architect, with the exception of accessory structures that are uninhabited and less than 100 square feet in area. 41. The developer has agreed to and shall install a typical screening fence adjacent to any lot within the Broadview and Park Place Subdivisions that share a common boundary with a lot accessed by way of a rear lane (alley) located within Ruskin Heights, at the request of the property owner. Typical fence materials shall be coordinated between the developer and property owner, and shall not exceed six feet in height. 42. To provide additional compatibility and transition in response to concerns by neighbors and the City Council, the developer has offered to remove Planning Area 3 — Bungalow Courts from the Master Development Plan. Of the 24 dwelling units associated with Planning Area 3, 17 dwelling units have been moved to the interior of the project in Planning Area 2 — Livework Townhomes, while 7 dwelling units have been moved to Planning Area S —Single Family. This move reduces the density adjacent to both Broadview and Park Place Subdivisions while retaining the same number of dwellings for the overall project. The attached table compares the changes in density, acreage and dwellings in each affected AMENDED CONDITIONS OF APPROVAL: R-PZD 06-2299 Page 10 of 10 Planning Area; revised plats and booklets shall be submitted to Planning reflecting these changes prior to submittal of construction documents, and these changes shall be binding to the zoning of the property. Any minor modifications resulting in the shift in units from one Planning Area to another shall be accommodated, with the approval of the Zoning and Development Administrator, with a full review of the revised booklets and plats. RUSKIN HEIGHTS Close Up View / ® ° ii y i j ry RSF J;/JI3 I SUBJECT PROPERTY* 8 qn� 'LdJ MSS RSF-: h l SSION LV 2 6. �• f N BLVD . ° py RhiF-2C �.� Qr P 4 Cdl "� pL RSF-V NIS OL -S F'SF'] iiSF4 i _©fir 4C..f`�-+-+ 4fi _. � ry�ffime � � _, .. e. RSF-� n RSF-4 1 e y ty `� V,bR a '� � y yP 's ILLeJI s..l 11PMM 1N65T .IpMMVND 51 IAMWT}:n5! ktF D ^J . F a �q p 2SF.Y II rvt ,CSF.a © I i . 4.% 4SCfPhfR t+[ v' RSF..t >.. .•:. .. - •. .. .. __. c Overview Legend C HLlside-Hlttop Overlay DisLic[3,00© Overlay DisVid — FLOODWAY -- 500 YEAR RPZDOG-2299 Q Fayetteville - 100 YF_AR UMITOFSTUOY F..- l vector.GDB.Footprint_20M — - - Basel-ne kofile LIII outside City 0 162.5 325 650 975 1,300 Feet I i i z MJ7ViA—„---1i ' `m --- c y C, N (l o —. O J 1(� ka ^ N J n O _ HOLLY HILLS DR 1 I t It I i i I L I S . 'MALN 7Ji-.i 7, T a PRIVATE 2097 r Q ., l 1 Y ; -'lb.----- '• 1. C N CD rr CD CD CD P" z ...1 WY ¼4%&i.'V l!1lr. ARKANSAS ENGINEERING DIVISION CORRESPONDENCE TO: Mayor Dan Coody and City Council members CC: Gary Dumas, Director of Operations Jeremy Pate, Director of Current Planning FROM: Ron Petrie, City Engineer DATE: July 11, 2008 SUBJECT: Ruskin Heights — Offsite Street Improvements Using the ITE (Institute of Traffic Engineers) software, the City Engineering Division performed an independent analysis to determine the projected traffic that is to be generated on the site. These findings are summarized below for full build -out: 24 -Hour Two -Way Volume: 5,313 vehicles PM Peak Hour Volume: 656 vehicles (360 Enter; 296 Exit) In addition, the following data is necessary in order to make a formal rational -nexus calculation for the offsite street improvements: 1.) Mission Boulevard Street Frontages: . A. Project Site only -1,112 feet B. West of Project Site to Greenview — 591 feet C. East of Project Site to existing improved section — 1,257 feet 2.) Average Cost to Widen street from 2 lanes to 3 lanes - $2,800,000 per mile 3.) Mission Boulevard Capacity— 17,600 vpd (based on Master Street Plan) Therefore, the following are the rational nexus calculations using all of the street frontages as the limit of improvements: Ruskin Heights Projected Traffic Percentage = 5,313 vpd/ 17,600 vpd = 0.302 Total Costs along all frontages = 2,960 /5,280 ($2,800,000) = $1,569,697 Ruskin Heights Percentage of Costs = 0.302($1,569,697) = $474,050.00. The same percentage and methodology can also be utilized to determine the traffic signal costs that can be associated with the Ruskin Heights development: Ruskin Heights Traffic Signal Costs =-0.302($125,000) = $37,750.00 Based on these rational nexus calculations, the Ruskin Heights development would be responsible for $511,800.00 of offsite improvements if the limits of the offsite improvements are for the entire length of Mission Boulevard from Greenview to east of site where the street is currently widened. In comparison, below is a summary of the items that is proposed to be constructed and/or cash paid in lieu of improvements: Proposed Improvement Estimated Cost I Full widening along roect frontage $659,661 2 Offsite Mission Improvements (cash payment) $43,195 3 Cost of full traffic signal installation $125,000 TOTAL PROPOSED COSTS $827,856 Ruskin Heights Summary of Multi -Use Trip Generation Average Weekday Driveway Volumes July 11, 2008 Land Use Size 24 Hour Two -Way Volume AM Pk Enter Hour Exit PM Pk Enter Hour Exit Single Family Detached Housing 100 Dwelling Units 957 19 56 64 37 Residential Condominium / Townhouse 100 Dwelling Units 586 7 37 35 17 Residential Condominium / Townhouse 100 Dwelling Units 586 7 37 35 17 General Office Building 1.95 Th.Gr.Sq.Ft. 21 3 0 0 2 Medical -Dental Office Building 5 Th.Gr.Sq.Ft. 181 10 3 5 14 High Turnover (Sit -Down) Restaurant 2.5 Th.Gr.Sq.Ft. 318 15 14 17 11 Quality Restaurant 2.7 Th.Gr.Sq.Ft- 243 0 0 14 7 Bread Shop 2.5 Th.Gr.Sq.Ft. 0 6 5 35 35 Hardware / Paint Store 2.5 Th.Gr.Sq.Ft. 128 0 0 6 6 Free -Standing Discount Store .. 1.9 Th.Gr.Sq.Ft. 106 1 1 5 5 Yogurt Shop 1.5 Th.Gr.Sq.Ft. 0 0 0 9 14 General Office Building 16.75 Th.Gr.Sg.Ft. 184 23 3 4 21 High Turnover (Sit -Down) Restaurant 3.5 Th.Gr.Sq.Ft. 445 21 19 23 15 High Turnover (Sit -Down) Restaurant 2 Th.Gr.Sq.Ft. 254 12 11 13 9 .Supermarket 7.5 Th.Gr.Sq.Ft. 767 15 10 40 38 Health/Fitness Clubl.5 Th.Gr.Sq.Ft. 49 1 1 3 3 Coffee Shop 1.9 Th.Gr.Sq.Ft. 0 71 68 28 26 High Turnover (Sit -Down) Restaurant • 1.9 Th.Gr.Sq.Ft. 242 11 11 13 8 Free -Standing Discount Store • 1.9 Th.Gr.Sq.Ft. 106 1 1 5 5 Free -Standing Discount Store 2.5 Th.Gr.Sq.Ft. 140 1 1 6 6 Total 5313 224 278 360 296 Note: A zero indicates no data available. TRIP GENERATION BY MICROTRANS (7.21.08) Clarice Pearman - Ords. 5153, 5154 & 5155 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 7.21.08 1:51 PM Subject: Ords. 5153, 5154 & 5155 Attachments: 5153 RZN 08-2971 Walker Park Neighborhood Rezone.pdf; 5154 R-PZD 06-2299 Ru skin Heights Amendment.pdf; 5155 Amend 166.20 Expiration of Approved Plans & Permits.pdf CC: Audit Jeremy: Attached Is a copy of the above ordinances passed by City Council, July 15, 2008, regarding various amendments and rezonings. Please let me know if there is anything else needed for this item. Have a good day. Thanks, Clarice NORTHWEST ARKANSAS EDITION 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 5154 July 25, 2008 Publication Charge : $73.85 Subscribed and sworn to before me This,Z5 day of Q , 2008. Notary Public ��Gc a My Commission Expires: `fyla-y- G O /,2_ Do not pay from Affidavit, an invoice will be sent e.• "MM. e pL/ v:st O'CARy' RECEIVED JUL 2' 8 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 6164 AN ORDINANCE TO AMEND ORDINANCE NO. INGtile 4994. CONDITION OF APPROVAL NO. 1 OF RUSKIN T IMPROVE 06-2299TF20REGARDING STREET IMPROVEMENTS. WHEREAS, the City Council of the City of ARKANSAS 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. I requires the applicant to improve streets adjacent to and of -site from the site In association with the project, conditioned upon Arkansas Highway and Transportation Department (AHTD) approval for Hwy 45 (Mission Blvd); end 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 porn tted by AHTD; and WHEREAS, the Cltys Master Street Plan indicates Mission Blvd. should in the future be widened, therefore contributions by the applicant of money -lo -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 FAYETTEVRLE, ARKANSAS, Section 1: That the City Councit of the City of Fayetteville. Arkansas hereby approves an amend- ment to condition no. 1 of R-PZD 06-2299 (Ruskin Heights) replacing the original condition with the language Indicated In Exhibit'Aattached hereto and made a part hereof, Section 2: That all other conditions, comrniuments, development standards and other require- ments of the project approved by Ordinance No. 4994 shag remain In full effect unless otherwise modified by the City Council. PASSED and APPROVED this 15th day ot July, 2008. APPROVED: ATTEST: By: BY: DAM COODY, Mayor SONDRA E. SMITH, City CI fr/Mwunr Exhibit A may be viewed in the Office of Me City ClerWTreasurer during normal business Inurs. RECEIVED JUL 282008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE