HomeMy WebLinkAboutOrdinance 5191 � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUDoc ID : 012690380011 Tvpe : IIIIIIIII
Recorded : 02/03/2009 at 11 : 49 : 00 AM !
Fee Amt : $65 . 00 Pace 1 of 11
Mashlnoton Countv . AR
Bette Stamoe Circuit Clerk
F11e2009-00003228
I
ORDINANCE NO. 5191
AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED
ZONING DISTRICT TITLED R-PZD 08-2898, SOUTHPASS,
LOCATED SOUTH OF THE CITY OF FAYETTEVILLE AT THE
INTERSECTION OF INTERSTATE 540 AND CATO SPRINGS
ROAD (STATE HIGHWAY 265); CONTAINING
APPROXIMATELY 910.36 ACRES; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF FAYETTEVILLE; AND
ADOPTING THE ASSOCIATED MASTER DEVELOPMENT
PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From R-A, Residential Agricultural to R-PZD 08-2898,
Southpass, 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. ` GX�RK TRS,, ,
c\� •9061Y O,c. G�
PASSED and APPROVED this 6th day of November, 2008.
: FAYETTEVILLE '
APPROVE ATTEST: = _
By' By !f7 !��
nth/ �'
DAN COODY, Mayor SOND E. SMITH, City Clerk/Treasurer "!4wnnu"'
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EXHIBIT `B"
R-PZD 08-2898
SOUTHPASS DEVELOPMENT (OVERALL DESCRIPTION)
THE FRACTIONAL SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF
SECTION 30, RANGE 30 WEST AND A PART OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER, AND A PART OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER, AND A PART OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29, RANGE 30 WEST AND THE FRACTIONAL
NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND A PART OF THE
FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31 ,
RANGE 30 WEST AND THE WEST HALF OF THE NORTHEAST QUARTER, THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND A PART OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND A PART OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31 , RANGE 30
WEST, AND THE EAST HALF OF THE SOUTHEAST QUARTER AND A PART OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 25, RANGE 31 WEST AND THE EAST HALF OF THE NORTHEAST
QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 36, RANGE 31 WEST, ALL IN TOWNSHIP 16 NORTH, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A FOUND ALUMINUM MONUMENT, LOCATED AT THE NORTHWEST
CORNER OF THE FRACTIONAL NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 30 AND RUNNING THENCE S8701511 0"E 1834.34' TO A SET
IRON PIN, LOCATED AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SAID SECTION 30, THENCE S87015110"E 1315 .53' TO A
SET IRON PIN, LOCATED AT THE NORTHEAST CORNER OF THE NORTHEAST '
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 30, THENCE S8701511011E
1315 .53' TO A SET IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30, THENCE
S87015' 10"E 1315 .53' TO A SET IRON PIN, LOCATED AT THE NORTHEAST CORNER OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 30,
THENCE S87003' 16"E 1148. 15' TO A SET IRON PIN, LOCATED ON THE WESTERNLY
RIGHT-OF-WAY OF U.S. INTERSTATE #540 NORTH, THENCE ALONG SAID ROAD
RIGHT-OF-WAY S09021 '05"W 48 .62' TO A ROAD RIGHT-OF-WAY MONUMENT, THENCE
S24041 '50"E 810.46' TO THE CENTERLINE OF ARKANSAS HIGHWAY #265, THENCE
ALONG SAID ROAD CENTERLINE S49001 '25"W 147.54', S510504311W 278.391, S4701711711W
104.60', S4102711611W 126.251, S3800315911W 1730.471, THENCE LEAVING SAID ROAD
CENTERLINE N87023'35 "W 37.23' TO A FOUND IRON PIN, LOCATED AT THE SOUTHEAST
CORNER OF SAID SECTION 30, THENCE N8701413211W 1322.98' TO A SET IRON PIN,
LOCATED AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 30, THENCE S0301013 "W 1314.09' TO A SET
IRON PIN, LOCATED AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 31 , THENCE S030 10'31 "W 1314.09' TO A
SET IRON PIN, LOCATED AT THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31 , THENCE S0205615611W
214.50' TO A SET IRON PIN, THENCE N87030129"W 293 .70' TO A SET IRON PIN, THENCE
S33 °00'07"W 99.00' TO A SET IRON PIN, THENCE N51 °59'53 "W 528.00' TO A SET IRON PIN,
THENCE N86059'53 "W 542.91 ' TO A FOUND IRON PIN, LOCATED AT THE SOUTHWEST
CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 31 , THENCE N87009'20"W 423.69' TO A FOUND PIPE, THENCE N8700912061W
886.41 ' TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 31 , THENCE N87009120"W 785.52' TO A
FOUND IRON PIN, THENCE N87009'20"W 963 .77' TO A FOUND STONE, LOCATED AT THE
SOUTHWEST CORNER OF THE FRACTIONAL SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 31 , THENCE N8700311811W 962. 79' TO A
FOUND IRON PIN, THENCE NO3006'30"E 249.93' TO A FOUND IRON PIN, THENCE
N86053'02"W 350.00' TO A FOUND IRON PIN, THENCE N01 °47'26"E 1060.68' TO A FOUND
IRON PIN, LOCATED AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 36, THENCE N87° 16'27"W 1343 .38' TO A
FOUND IRON PIN, LOCATED IN THE CENTERLINE OF A GRAVEL DRIVEWAY, THENCE
ALONG SAID GRAVEL DRIVEWAY CENTERLINE N04002'35"E 72.47', N 110 19'49"E 40.241
,
THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 101 .22' AND A CHORD
BEARING AND DISTANCE OF N24009'50"W 87.35', N48°44' 10"W 34.21 ', THENCE ALONG A
CURVE TO THE LEFT WITH A RADIUS OF 215.87' AND A CHORD BEARING AND
DISTANCE OF N67002'42"W 157. 18', N89017123 "W 123 .0915 N87° 11 '38"W 161 .280, THENCE
LEAVING SAID GRAVEL DRIVEWAY CENTERLINE N01057'34"E 1055 .60' TO A FOUND
IRON PIN, THENCE S8703113711E 1230.87' TO A FOUND IRON PIN, LOCATED ON A BLUFF
LINE, THENCE ALONG SAID BLUFF LINE N17008'05 "E 157.76', N23029130' E 127.51 ',
NO2025'44"E 131 .20', N30029111 "W 198.420, N1601514511W 180.521, NO300015811E 113 .621
,
N14013'54"E 202. 18', N24051 '0211W 100.731, N0804111711E 110.591, N6705314211E 173 .71 ' TO A
FOUND IRON PIN, THENCE LEAVING SAID BLUFF LINE N87018122' W 147.50' TO A
FOUND IRON PIN, THENCE N01028'04"E 659.86' TO A FOUND IRON PIN, THENCE
S87013'07"E 660.25' TO A FOUND IRON PIN, THENCE N01027139"E 675 .06' TO A FOUND
IRON PIN, LOCATED AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 25, THENCE S87009'38"E 1314.52' TO A
FOUND STATE MONUMENT, LOCATED AT THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, THENCE
S02°25'51 "W 36.60' TO THE POINT OF BEGINNING. CONTAINING IN ALL 910.36 ACRES,
MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD,
IFANY.
CONDITIONS OF APPROVAL:
R-PZD 08-2898
Page 1 of 7
Staff and the Planning Commission recommend the following conditions of approval
associated with R-PZD 08-2898 (Southpass).
Conditions of Approval:
1 . Compliance with adopted land use policies and goals including City Plan 2025 and
the PZD ordinance: As discussed in the findings in this report and with conditions
herein, staff finds that SouthPass is in compliance with the adopted land use policies and
City Plan 2025. While the project is not considered an infill development (Goal #1 ), this
site has been anticipated for a number of years in the City Plan 2025 as an area for
greenfield development in the City Neighborhood pattern, and in staff s opinion does not
contribute to sprawl, if developed as being proposed. The proposed development is
preferred over a typical suburban sprawl development that segregates various residential
types and isolates commercial development in an area only accessible by vehicle, while
dividing up sensitive natural environments (hillsides, floodplain, tree canopy) into
individual lots. This project maximizes environmental protection, integrates a mix of
residential housing types, and plans for the commercial development in a traditional
downtown pattern. In addition, the opportunity for a mixture of building types and uses
Iwithin all of the planning areas has been provided. The property's location is well-suited
for growth in the manner encouraged by City Plan 2025, with direct access to I-540 and
State Highway 265, which leads into the University of Arkansas. It is also in close
proximity to the University of Arkansas Research and Technology Park and numerous
other amenities. The proposed land use pattern is in a traditional town form, offering a
variety of housing choices for residents and support services within walking distance,
while preserving and enhancing the City's enduring green network with the addition of
about 500 acres of greenspace into the City.
2. Architectural design standards, and overall compatibility and transition in the
proposed development: Staff finds in favor of this determination. The building
elevations of 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, commercial structures, townhouses, 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 prevent a visual monotony while
maintaining a compatible architectural design throughout the site. Commercial and
residential design standards will be reviewed in detail at the time of development.
3 . Connectivity: The primary entrances into the site are off of the extension of Shiloh
Drive into the northeastern portion of the site and from Cato Springs Road along the
eastern boundary of the property. Several streets are proposed directly off of Cato
Springs Road (State Highway 265), and access into the southern portion of the site is
provided off of Kessler Mountain Road (County Road 201 ). The internal street pattern in
the Town Center and Crescent Park planning areas are based on a modified grid pattern.
As the development spreads over the site, streets follow the topography and wind along
CONDITIONS OF APPROVAL:
R-PZD 08-2898
Page 2 of 7
the ridgelines and valleys connecting the various clusters of development. Street
connectivity, outside of the Town Center is on the whole low, however, due to existing
constraints of topography and the cluster development pattern which preserves
approximately 487 acres of parks and open space, over 53% of the entire site. However,
pedestrian connectivity is excellent with a number of pedestrian and mountain biking
trails that will traverse the entire 910-acre site connecting the clusters of development to
the 200-acre regional park in the central portion of the site and the urban center in the
northeast portion of the site. Staff generally recommends in favor of the access and
connectivity as proposed with the understanding that additional street connections and
stub-out points will be evaluated at the time of development for each planning area to
ensure the SouthPass neighborhoods are well connected to other surrounding areas, as
appropriate.
4. Street improvements: Detailed review for each phase of development will occur, as the
development is considered by the Planning Commission. As with all conceptual PZDs,
specific infrastructure improvements will be determined at that time. Typical
improvements required by the Unified Development Code include 'sidewalks, street
lights, turn lanes, curb, gutter and storm drainage, pavement widening and overlay where
needed, and turn signals where needed. Unless specifically approved by the City Council
as a cost-share agreement, the developer shall be responsible for all street improvements
noted herein. After review of the traffic study submitted for SouthPass (July 16, 2008),
the Addendum (August 22, 2008) and the existing street conditions, the following street
improvements will be necessary, at minimum, to facilitate development of the project:
A. Cato Springs Road:
1 . Fully actuated traffic signals, coordinated as part of a closed-loop traffic signal
system, are warranted to be installed at the following intersections before
completion of full build-out:
a. Cato Springs Road and I-540 northbound on-ramp/Hwy 71 northbound
ramps
b. Cato Springs Road and I-540 northbound off-ramp
c. Cato Springs Road and I-540 southbound ramps
d. Cato Springs Road and Public Street #4 (Shiloh extension)
e. Cato Springs Road and Cummings Landfill Road
2. Timing of construction of the recommended signalization will depend upon
phasing of the development; a warrant analysis may be required with
development review, to determine the specific improvements necessary.
3 . Cato Springs Road will be required to be widened to three and five lanes in
some places, to accommodate the additional traffic volume. Improvements .
shall extend to east of the 1-540 interchange, and will include widening
underneath the existing overpass.
B. Shiloh Drive: Shiloh Drive shall be extended to and through the site to connect
Cato Springs Road to 6`h Street (Hwy 62). Timing of the construction of this street
will depend upon phasing of the development and a determination of its necessity
by the Planning Commission to ensure safe and efficient traffic circulation on
CONDITIONS OF APPROVAL:
R-PZD 08-2898
Page 3 of 7
surrounding streets and highways is maintained. The Addendum to the Traffic
Study (August 22, 2008), prepared by Peters & Associates, indicates that the Shiloh
Road connection will be required no later than Phase 14, assuming all other
recommended street improvements from the original traffic study (July 16, 2008)
are complete and the phasing has proceeded in sequence to that which is proposed.
The developer shall provide a traffic study, when the street connection is required,
to address potential improvements to the Shiloh/Hwy 62 intersection, including
traffic signals, widening, etc., in coordination with the plans of AHTD to improve
this overall interchange.
C. Kessler Mountain Road: Kessler Mountain Road shall be improved to a Local
Street standard, at minimum, to serve the development planned. Detailed
improvements will be reviewed at the time of development.
D. Judge Cummings Road: This street shall be improved to a minimum Local Street
Standard, and may warrant additional improvements, to include turn lanes,
depending upon the traffic projected to utilize the street.
E. Assessments: No specific transportation improvement assessment districts occupy
this area at this time. It is likely, however, that as development phases are reviewed,
assessments for larger improvements will be required on a pro-rata basis, to ensure
Ifunding is available once the improvement is necessary and that the cumulative
1 impact of each phase is accounted for.
F. Street stub-outs: As each phase and planning area is reviewed in detail,
recommendations for street stub-outs to provide local street connectivity will be
made, depending upon terrain, environmental features, and viability for future
connections.
G. Internal street design : Street layout, intersection alignment, lane width, curb radii,
etc. will be evaluated once designed and submitted for development review.
Several areas of concern have already been identified, such as the `angled' street
intersection with Cato Springs Road. Future development shall be reviewed for
compliance with the access management ordinances. (PC added 09/08/08)
H. Updated traffic studies will be required as development phases are reviewed.
Development of the property, in its various phases, may only be approved when
appropriate infrastructure improvements have been planned or installed to
accommodate the traffic volume at acceptable levels of service. Please refer to the
overall PZD traffic study executive summary provided in the staff report for more
information at this time.
5 . Master Street Plan Amendment — Shiloh Drive:
Shiloh Drive is identified on the
Master Street Plan as a Collector Street providing a connection from Shiloh Drive to
Cato Springs Road through the site. SouthPass proposes to extend Shiloh Drive into the
site where it would transition into the urban street grid. Connections to Cato Springs
Road from Shiloh Drive would be provided through the downtown street grid of the
Town Center Planning Area, in multiple locations. Staff recommends in favor of the
realignment given that Shiloh Drive is proposed to be extended to the site and that street
connectivity to Cato Springs Road is provided in several locations.
CONDITIONS OF APPROVAL:
R-PZD 08-2898
Page 4 of 7
6. Master Street Plan Amendment — Cato Springs Road: Due to the amount of traffic
projected for the proposed development and regional park, staff recommends Cato
Springs Road be reclassified to continue the Principal Arterial designation from the I-540
interchange south to the southern boundary of the Planning Area. Recommended street
improvements include widening to a five-lane section in portions of the development,
and this designation is more appropriate given the anticipated traffic volumes.
7. Right-of-way dedication: The applicant shall dedicate right-of-way in compliance with
the adopted Master Street Plan for Cato Springs Road, Shiloh Road, Kessler Mountain
Road, and Judge Cummings Road to be determined at the time of development. Right-
of-way dedication for internal streets and alleys shall be required in compliance with the
Master Street Plan to be determined at the time of development.
8. Variances: Variances from the requirements of the Unified Development Code relative
to development regulations and Master Street Plan cross-section standards, such as curb
return radii, street cross-sections, greenspace width, etc. can only be reviewed and
recommendations made when the each area is fully designed for review. By this PZD
approval, the City Council grants the Planning Commission the right to consider and
approve variances from street design standards, Master Street Plan cross-sections interior
to the project, and other variances that are provided for within the Unified Development
Code under the purview of the Planning Commission. All decisions concerning these
matters may be appealed by a member of the City Council.
9. Phasing: The project is subject to the 18 project phases over 20-25 years as described in
detail in the project booklet. All permits required for development within these phases
are required to be obtained within the specified timeframe. Extensions may be granted
subject to approval in accordance with City ordinances. Changes in phasing shall require
City Council approval.
10. Parks: SouthPass shall deed a minimum amount of 200 acres to the City for an onsite
regional park prior to the Mayor signing the ordinance of approval for the annexation and
PZD, and shall contribute $ 1 ,000,000.00 when the City is ready to award the first
construction contract for the park, in accordance with the previously executed contract.
Changes to or deviation from this contractual agreement shall be at the discretion of the
City Council. In addition, all residential development on the site shall be required to meet
the parkland dedication ordinance requirements through land dedication, money-in-lieu,
or a combination thereof.
11 . Parking: Parking is proposed in four forms: garage structures, underground parking
decks, on-street, and surface parking lots.
A. Parking garage structures and underground parking decks are proposed for the more
intense commercial core areas and under many of the multi-family structures. All
parking garage structures shall meet the requirements of Ch. 166.22 as if the project
were located in the referenced zoning districts.
CONDITIONS OF APPROVAL:
R-PZD 08-2898
Page 5 of 7
B. On-street parking: Much of the parking for mixed use and residential areas is
proposed to be on-street. For all multi-family, non-residential and mixed-use
structures, each on-street parking space provided along the project frontage of each
respective building may count toward the total required parking for the
development.
C. Surface Parking: A majority of surface parking lots will be to the interior of the
mixed-use and multi-family residential lots as shown on the submitted plans. All
parking lots shall be located outside of any build-to line or zone, and where situated
adjacent to a public right-of-way, shall be heavily screened with landscape walls or
landscaping.
D. Single Family lots: Most of the residences will be provided with private parking,
either in alley-facing garages or driveways.
12. Water Tanks: As referenced in the contract between the City of Fayetteville and South
Pass before final approval of these requests, deeds for the water tank site shall be
q
received prior to the Mayor signing ordinances of approval, should the requests for
annexation and Master Development Plan PZD be approved.
13 . Tree Preservation and Landscaping: Tree preservation and landscape plans will be
reviewed in detail at the time of development. A minimum of 25% tree canopy will be
required in accordance with city ordinances; for areas within the HHOD, a minimum of
30% will be required. A vast portion of PA-613 : Open Space, will be dedicated as off-site
tree preservation, to preserve these sensitive areas as indicated on the PZD plats.
Landscape plans will be required to be submitted at the time of development in
compliance with ordinance included such requirements as street trees and parking lot
landscaping.
14. Buffer: In order to reduce land use compatibility impacts, development on the perimeter
of the SouthPass property lines directly adjacent to undeveloped property shall be subject
to the following condition (this condition shall particularly apply to Planning Areas 3A-
Kessler Mountain Bluff Single Family, 3C Kessler Mountain Bluff Single Family
Cluster, and the northern portion of Planning Area 2A Crescent Park Single Family): a
50-foot building setback shall be provided off of all perimeter property lines, and placed
in a tree preservation area or conservation easement; where such areas are not adequately
vegetated, additional plantings of dense evergreen trees and shrubs shall be provided for
a visual and aesthetic buffer at the time of development. This 50-foot buffer area shall be
reviewed by the Planning Division and Urban Forester prior to development approval.
Street connections and stub-outs are anticipated to cross these areas, at the time of
development, to provide connectivity to adjoining properties.
15 . Solid Waste: All trash enclosure locations and dimensions shall be fully reviewed and
approved by the Solid Waste Division at the time of development. Where street cross-
sections or curb return radii do not meet city standards, auto-tum or similar analyses shall
be provided to determine if Solid Waste vehicles will be able to safely and efficiently
access streets within the project boundary.
CONDITIONS OF APPROVAL:
R-PZD 08-2898
Page 6 of 7
16. Public Service Improvements: New police and fire substations may be required on-site
in order to maintain adequate levels of service as the project develops. Impact fees for
development on the property shall be contributed in accordance with City ordinances.
17. Development Review: All phases of the proposal shall be reviewed through the
appropriate development review process (Large Scale Development, Preliminary/Final
Plat, etc.), as determined by the Zoning & Development Administrator, prior to
commencement of construction.
18. Architectural Standards: 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 and all
multi-family buildings shall adhere to Urban Residential Design Standards.
19. View protection: Staff recommends that structures that will be located at higher
elevations, such as along Kessler Mountain Bluff, that will be taking advantage of views
from the site, be designed with materials, colors and rooflines that are muted and will
dissolve into the natural background as much as possible. The intent is to prevent
egregious structures from reducing the natural beauty of the surrounding hillside. Where
possible, the design of structures should take into account the height of the ridgeline and
surrounding tree canopy, to reduce and mitigate the visual impact.
20. Impact Fees: All impact fees shall be paid in accordance with city ordinances.
21 . Signage: Signs shall be permitted in accordance with Chapter 174 of the Fayetteville
Unified v
U d De elopment Code, and shall be subject to signage re requirements for specific
J4 P
planning areas as designated in the zoning criteria. No pylon or pole signs shall be
permitted on the property.
22. The definition of "family" in accordance with Ch. 151 of the UDC shall apply to the
proposed PZD; Single family Planning Areas shall be treated as single-family residential
districts, and all other planning areas shall be treated as all other zoning districts where
residential uses are permitted.
23 . All statements and commitments imposed on the City as discussed in the PZD booklet
shall be not applicable. Neither the Planning Commission nor the applicant may bind this
City Council or a future City Council to cost-share agreements with the PZD approval. A
separate agreement or contract with the City Council is necessary in order to facilitate
any cost-sharing measures.
24. 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.
CONDITIONS OF APPROVAL:
R-PZD 08-2898
Page 7 of 7
25. Due to the very 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. Future development shall be consistent with the conceptual site plan
and mix of uses as approved in the PZD. All development shall meet applicable zoning
and development criteria at the time of development submittal, unless specifically waived
or varied by the Planning Commission as part of the PZD approval.
26. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
27. Existing rights-of-way and utility easements that conflict with the proposed plans will
have to be vacated at the time of development, and prior to issuance of building permits
in those areas affected.
28. 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).
29. 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.
30. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
31 . Street lights shall be installed adjacent to all public and private streets (not alleys), with a
separation of no greater than 300 feet.
32. All exterior lighting is required to comply with the City' s lighting ordinance. Alighting
plan and cut-sheets of the proposed exterior light fixtures shall be required to be
approved by Planning Staff prior to building permit.
Washington County, AR
I certify this instrument was filed on
02/03/2009 11 :49:00 AM
I and recorded in Real Estate
1 File Number 2009-00003228
Bette stamps - Circuit Cie
i
by
RECEIVED;
'JAN 2.0 2009
• CITY OF FAYETTEVILLE
A*Awas amo nit . CITY CLERK'S OFFICE
1Cil• �a.�GeILG '
Northwest Arkansas Times
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 5191
January. 13,2009
'Publication Charge : $215 .20 - P 1P
Signed:
Subscribed and sworn to before me
This /.f day of a 0 2009 .
0
Notary Public
My Commission Expires: 7,v? 0 a o /CZ
�.• MM. ExA._
Do not pay from As
ffidavit, an invoice will be sent' Qo
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