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HomeMy WebLinkAboutOrdinance 5167 Doc ID : 012459900009 TVDe : REL Recorded : 08/29/2008 at 11 : 16 : 02 Aft Fee Amt : $55 . 00 Pace 1 of 9 Washinoton Countv . AR Bette Stews Circuit Clerk File 2008-00028643 ORDINANCE NO. 5167 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 08-2980, MARKHAM HILL COTTAGE COURTS, LOCATED NORTH OF MAINE STREET, BETWEEN SANG AND CROSS AVENUE; CONTAINING APPROXIMATELY 2.54 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 RMF-24, Residential Multi-Family, 24 units per acre to R-PZD 08-2980 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 hereF x amended to reflect the zoning change provided in Section 1 above. �"%%'� K/TRIllpfff O&AY PASSED and APPROVED this 19th day of August, 2008. =C-) : n ; FAYETTEVILLE : APPROVED: ATTEST: ��'•• �� '•,9s0gh'KANsl�J* Ir �4 ,NGT014 ,,��`� eau uuu By: By: 'L� C�esl� DAN COODY, Mayor • q Itfiel a EJONI • hap kI I z _r w: t ' tcA 3 14, > P f EXHIBIT °B" R-PZD 08-2980 LOTS 163 173 18, 28, THRU 39 OF BLOCK NUMBER 1 , OF WEST END ADDITION, PLAT BOOK 4 AT PAGE 61 AND PLAT BOOK 5 AT PAGE 75, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS . CONDITIONS OF APPROVAL: R-PZD 08-2980 Page 1 of 6 Conditions of Approval for R-PZD 08-2980 (Markham Hill Cottages) Streets 1 . The applicant shall be responsible for the following street improvements. a. A minimum pavement width of 20', curb, gutter, storm drain, and sidewalk on Maine Street and Cross Avenue along the project frontage and along the lot at the intersection of Cross/Maine; (no sidewalk along this off-site frontage) — see drawings for clarification; b. Extension of storm drains off-site as necessary. c. The intersection of the new Nettleship Street and the existing Cross Avenue shall be realigned in a three-way stop as indicated on the plans. Prior to construction permits being issued, adequate offsite right-of-way shall be dedicated to complete these improvements as indicated on the plans. d. Street lights along Maine, Cross and Nettleship as required by code. 2. The applicant shall dedicate right-of-way as follows by easement plat or separate document prior to building permit: a. 21 .5 ' from centerline along Maine Street and Cross Avenue; b. 39' for Nettleship Street and 30.50' for Sutherland Lane as indicated on the approved plans. c. Adequate right-of-way to construct the three-way intersection of the new Nettleship Street and Cross Avenue. 3 . Determination of a variance of minimum street design standards: a. The applicant requests a variance to allow different street cross sections than 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 on both sides of the street in the Hillside/Hilltop Overlay District, sidewalks on one side of the street, a narrow two-way alley/lane with sidewalk on one side, and right-of-way width of 39' for Nettleship Street and 30.50' for Sutherland Lane. The Master Street Plan does not have cross-sections in the design as proposed. Staff recommends in favor of the requested street design standards finding they deal with a unique site allowing for reduced grading and pavement and increased tree preservation in the HHOD, and will result in safe ingress/egress into and out of the development. 4. No parallel parking spaces are allowed within 30' of a stop sign (Fayetteville Code of Ordinance Section 72.03(G)). 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. 5. Solid Waste Service. All comments regarding solid waste service shall be addressed prior to building permit approval. Residential carts/recycle bins are anticipated to be utilized at common collection points. CONDITIONS OF APPROVAL: R-PZD 08-2980 Page 2 of 6 6. A sign indicating a future street extension shall be installed atthe Nettleship Street stub-out on the western property line prior to certificate of occupancy for those units in that vicinity of the site as determined by Planning staff. Parkin 7. Determination of a request to allow fewer off-street parking spaces than allowed by ordinance. As depicted in Table 2 provided earlier in this report, the applicant proposes to provide 25 off- street parking spaces when 33 are required and 32 on-street parking spaces to accommodate the additional parking spaces required. Staff recommends approval of this request, recognizing that the streets throughout this development, as amended from the City 's Master Street Plan, would provide parallel parking and can safely satisfy the additional demandsfor parking not provided off-street street as depicted in Table 2. Staff also finds that five of the units will be efficiency basement apartment units and do not need two parking spaces each as required by code. Although not required by ordinance for single or two-family residences, this development provides at least one bicycle rack at each motor court which will encourage alternative transportation and reduce vehicular parking demand. However, staff does have concern with the following access and parking issue: a. In order to provide convenience for unloading and loading vehicles associated with Units 5 and 6 that do not have garages or parallel parking spaces in the immediate vicinity, the applicant shall install a temporary `Loading and Unloading Area ' designated with signage or pavement markings in front of Units 3 and 23. Water/Sewer/Drainage 8. Off-site water and sewer, and drainage improvements shall be installed as determined necessary by the Engineering Division to provide domestic service and fire protection to the development, and to ensure the project meets all applicable drainage criteria. Phasine 9. Determination of the proposed phasing plan. Staff recommends approval of the phasing as indicated within the submittal, with the following change. This project is required to obtain all permits in accordance with 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). • The applicant shall obtain all construction permits for construction of streets and all other public infrastructure within one year of PZD approval. • The applicant shall obtain all building permits for all residential units and accessory structures within five years from City Council approval of the PZD. Parks and Trails 10. Payment of fees in lieu of parkland dedication in the amount of $20,680 for 28 single and two- family units shall be paid prior to issuance of a building permit for the first unit in this development. 11 . A multi-use trail connection (Hotz Park Trail) is identified on the Fayetteville Trails Master Plan �_ T r 11 CONDITIONS OF APPROVAL: R-PZD 08-2980 Page 3 of 6 utilizing the Sang Avenue right-of-way adjacent to the western border of this site and connecting through this site to Cross Avenue, and ultimately to Hotz Park. This development shall construct a multi-use trail connection from the proposed Nettleship Street through the existing Sang Avenue right-of-way, connecting south to Maine Street. The details of the trail construction shall be coordinated with the City Trails Coordinator prior to construction permits. The trail shall be constructed at the time Nettleship is extended. PZD Booklet 12. Booklet. Pg. 8. Delete the paragraph following the zoning criteria, and replace it with the Landscaping, Parking, Architectural Design Standards, and signage standards as included on Sheet A2 of the PZD plats. Landscape Plan 13 . Before construction document approval, the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. 14. All landscaping shown on this landscape plan and referenced in the PZD Master Development Plan, including the evergreen hedgerows along the perimeter property lines, is required to be planted and maintained as a condition of the PZD approval. 15. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Urban Forester for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 16. Under the Landscape Regulations Chapter 177, street trees must be bonded for a 3 year period. This bond is for the maintenance of the trees. This amount must be deposited with the City before issuance of certificate of occupancy. Tree Preservation 17. The two groups of preserved canopy in the northern portion of this site must be placed within Tree Preservation Areas. This includes the grouping that contains trees # 11 , 12 and 13 and the grouping that contains trees #3-6 and 9 and 10. These areas will be dedicated with the easement plat using the Tree Preservation Area signature block for the Urban Forester. Portions of these Tree Preservation Areas are located within an alley that must be vacated before final approval can be granted. 18. The extended grading and street ROW in the northeast comer of the site appears to extend onto the adjacent property. No off-site tree removal (outside of right-of-way or easements) is permitted without written consent of the adjacent property owner. Final approval of the project is conditional upon receiving this written consent. Additionally, mitigation will be required for 100% of tree removal on adjacent property. Furthermore, all trees planted for mitigation for tree removal on the adjacent property shall be planted on the adjacent property, preferably near the area where the removal takes place. The trees will also require final inspection by the Urban Forester and bonding for three years after planting in addition to the on-site mitigation CONDITIONS OF APPROVAL: R-PZD 08-2980 Page 4 of 6 - requirements for the development. Final approval of the project will be subject to final calculations. 19. Reinforced concrete retaining walls may be required as opposed to block walls to preserve trees located adjacent to the walls. 20. The applicant shall mitigate for the removal of 3,936 SF of tree canopy with on-site mitigation to consist of a minimum of(14) 2-inch caliper large species trees. Mitigation trees cannot be planted within utility easements or street ROW. 21 . All mitigation trees must be planted prior to the issuance of a final certificate of occupancy. A 3- year bond, letter of credit, or check in the amount of $3,500 shall be deposited with the City of Fayetteville before issuance of a certificate of occupancy. The actual amount of the bond shall be based on the final calculations. 22. Construction drawings must be submitted to and approved by the Urban Forester prior to the issuance of a grading permit. General 23 . The small parks, community gardens, greenspace, footpaths, potting shed, tree house, and other amenities as shown on the PZD and LSD plans shall be included as requirements of the project. These amenities shall be constructed prior to issuance of Certificate of Occupancy for the surrounding cottages, to be determined by Planning staff at the time of construction. At a minimum, nonresidential facilities shall be built prior to the ninth building permit in accordance with Section 166.06 (K) of the UDC. 24. 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. 25 . Buildings shall be constructed to be consistent with the concepts depicted in the building elevations in the PZD booklet. 26. Prior to building permits, architectural elevations will be required to be submitted for review to ensure consistency with the elevations and renderings presented in the PZD booklet. 27. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code, and shall be subject to signage requirements for residential development. 28. 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. 29. All development shall meet applicable zoning and development criteria, unless specifically waived or varied by the Planning Commission as part of the PZD approval. CONDITIONS OF APPROVAL: R-PZD 08-2980 Page 5 of 6 Engineering Division Conditions: 30. Determination of a waiver of Fayetteville Unified Development Code Chapter 171 .C.1 in orderto allow for a 4-5 ' retaining wall at the back of the right-of-way/sidewalk when the UDC requires a minimum 2-foot separation. The applicant's request discusses that the waiver is needed in order to preserve a significant oak tree. Staff recommends in favor of this request finding that it will preserve significant tree canopy and will not create an unsafe condition. 31 . All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 32. Prior to building permit, bonds in the amount of 150% of the construction cost for all public improvements will need to be submitted. 33. In accordance with Section 170.08 of the UDC, either the Developer, Property Owner, or Property Owner Association shall comply with the required maintenance responsibilities for storm water management as set forth under section (13)(5) and (13)(6). 34. Written permission is required to grade within 5 ft of the property line. Specifically the property to the south 765- 11940-000 required to install the Bocce Court. 35. Written permission is required to grade/install retaining wall on adjacent property. Specifically the property to the north 765- 14582-000. 36. Any retaining wall more than four feet in height shall be designed by a registered professional engineer in the state of Arkansas and shall be field inspected by the design engineer. 37. Safety railings are required on any retaining wall greater than 30" in height. The safety railing shall be built in to the more stringent requirements of the SBCC or AASHTO. 38. Provide capacity analysis of the existing 6 in sanitary sewer system which this development will connect to the first 8" main downstream. Standard Conditions of Approval 39. Technical 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). 40. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. 41 . 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. CONDITIONS OF APPROVAL: R-PZD 08-2980 Page 6 of 6 42. 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. 43 . All overhead utility lines under 12kv shall be relocated underground. All proposed utilities shall be located underground. 44. 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. 45. Prior to the issuance of a building 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. b. Easement plat that shall include all right-of-way, easements and the tree preservation area. C. Project Disk with all final revisions d. 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. Washington County, AR —� I certify this instrument was filed on 08/29/2008 11 : 18:02 AM and recorded in Real Estate File Number 2008-0002864 Bette Stamps . Circuit C e by ORD City of Fayetteville Staff Review Form 5J/qlQ t ' City Council Agenda Items 5/6 7� `� and ao p0a4lrm Contracts, Leases or Agreements ` � � August 5, 2008 City Council Meeting Date Agenda Items Only Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 08-2980: Planned Zoning District (Markham Hill Cottage Courts, 520): Submitted by Robert Sharp for property located north of Maine Street, between Sang and Cross Avenue containing approximately 2.54 acres. The request is for zoning, land use, and development approval of a Residential Planned Zoning District with 18 single family and 5 two-family cottages (28 units total). Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name $ Project Number Remaining Balance Fund Name Budgeted Item Q Budget Adjustment Attached =--7 C BPrevious Ordinance or Resolution # Department D ector Date c Original Contract Date: Original Contract Number: City Attorney Date Received in City N RED Clerk's Office Finance and Internal Service Director Dale Liu / - !i( Received in �8 Mayor's Office Mayor Dale Comments: Revised .April 16 �iny , 2�� City Council Meeting of August 5, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations ��pp From: Jeremy C. Pate, Director of Current Planning3 Date: July 16, 2008 Subject: Residential Planned Zoning District for Markham Hill Cottage Courts (R-PZD 08-2980) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Markham Hill Cottage Courts, based on the development standards, plans and statement of commitments submitted. This action , will establish a unique zoning district for a single-use project on approximately 2.54 acres. The proposal consists of 23 detached cottages ( 18 single family and 5 two-family units) for a total of 28 residential units. BACKGROUND The subject property, zoned RMF-24, Residential Multi-Family 24 units/acre, is located north of Maine Street and west of Cross Avenue. The heavily wooded site is on the south slope of Markham Hill and within the Hillside Hilltop Overlay District (HHOD). The Master Development Plan includes 23 detached cottages (28 residential units) and amenities including a bocce court, stone paths, a small park, a tree house, community gardens and a potting shed. The proposed zoning criteria allows for single and two- family dwellings and a density of approximately 11 units/acre, when the existing zoning allows for multi-family dwellings and 24 units/acre. The cottages would generally be clustered around shared motor courts as opposed to individual curb cuts typically seen in a single family subdivision. All of the cottages would have the appearance of a detached single-family residence, however five of the cottages (Units 1 , 5, 11 , 12, and 13) would have an efficiency apartment in the basement. DISCUSSION The Planning Commission voted 7-0-0 in favor of this request on July 14, 2008. Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. BUDGETIMPACT None. i� ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 08-2980, MARKHAM HILL COTTAGE COURTS, LOCATED NORTH OF MAINE STREET, BETWEEN SANG AND CROSS AVENUE; CONTAINING APPROXIMATELY 2.54 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 RMF-24, Residential Multi-Family, 24 units per acre to R-PZD 08-2980 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 day of 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer