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HomeMy WebLinkAbout2005-01-10 - Agendas - Final FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISION Monday,January 10,2005,5:30 p.m. Room 219,City Administration Building The following items will be considered: Approval of Minutes from the 12/13/2004 meeting. New Business: 1.LSD 04-1288:Large Scale Development(LEGGETT AND PLATT,519): Submitted by NEAL MORRISON for property located at 523 S SHILOH DRIVE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 6.28 acres. The request is to approve a 22,000 s.f office building. Property Owner: SUE MONG Submitted on behalf of LEGGETT AND PLATT,INC Planner: LEIF OLSON 2. ADM 04-1326: Administrative Item(PZD Ordinance Amendment) Planner:TIM CONKLIN All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Response by Applicant/Questions &Answer with Commission F. Action of Planning Commission(Discussion &Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2004 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Loren Shackelford Sean Trumbo Christian Vaught �� ,eV111 le PC Meeting of January 10, 2005 ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Leif Olson, Associate Planner Brent O'Neil, Staff Engineer THRU: Jeremy Pate, Interim Zoning&Development Administrator DATE: January 3, 2004 LSD 04-1288: Large Scale Development (Leggett & Platt Building, pp 519): Submitted by NEAL MORRISON for property located at 523 S SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL, in the Design Overlay District, and contains approximately 6.28 acres. The request is to approve a 22,000 sq.ft. office building with 95 parking spaces proposed. Planner: LEIF OLSON Findings: Property Description: The subject property is located on Shiloh Drive, a one way collector street abutting I-540, and north of 6h Street. The property consists of 6.28 acres of vacant property zoned C-2, Thoroughfare Commercial and located within the I-540 Design Overlay District. Proposal: The applicant proposes to construct a one story 22,000 sq.ft. office building and 95 associated parking spaces. The development will occupy 24% of the site area. Access to this property is proposed from Shiloh Dr. approximately 50' north of an existing curb cut for an adjacent development. A waiver from the requirement for a 200' distance between curb cuts in the I-540 Design Overlay District will be required to approve the development as proposed. Surrounding Zoning/Land Use: Direction Land Use Zoning North Vacant C-2, Thoroughfare Commercial South Hotel C-2, Thoroughfare Commercial East I-540 & Southern View R-PZD Apartments West Vacant R-A, Residential Agricultural Water &Sewer: Water and sewer service will be provided by extensions of existing lines located adjacent to this site to the south. Right-of-way being dedicated: Shiloh Drive, a Collector Street on the Master Plalganuary l0,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.1 requires,3.5'.from centerline,he dedicated.by Warranty-Deed. . Street Improvements: 6' sidewalks will be required along the entire frontage of the property at the right of way line. Adjacent Master Street Plan Streets: Shiloh Drive (Collector)to the east. Design Overlay District: The Design Overlay District boundary does encompass the subject property in entirety. Staff finds that the proposed building does meet the Design Overlay District design standards. The signage proposed for the development does comply with the City's regulations regarding location, size, and content. Curb Cuts: The minimum distance between curb cuts in the Design Overlay District is 200 feet. The applicant is requesting a waiver for the curb cut distance between the entrance to this site and the adjacent property to the south. The applicant is requesting a distance of approximately 49' between curb cuts. Through all stages of review, staff has not been in support of this waiver request, finding that alternative methods to waiving this requirement are available to the applicant. Alternatives include placing the curb cut north of the off-ramp from I-540, where "traffic weaving" would not be an issue; or sharing the existing curb cut with the hotel to the south. To date, staff has not received confirmation of the applicant's efforts in investigating either alternative. Information has been provided to staff from the applicant's traffic engineer, stating that moving the curb cut to 200 feet north of the existing curb cut would reduce the distance available for vehicles desiring to access the proposed office building, and recommending the curb cut be located as shown on the site plans currently. No formal recommendation was made by. the Subdivision Committee, though at least two of the members voiced support of the current location based on the information they had received. Tree Preservation: Staff recommends approval of the Tree Preservation Plan with two conditions (See Attached Report). Canopy Existing: 34.3% of total site area Canopy Preserved: 25.8% of total site area Mitigation Required: None Background: This proposal was last heard at the December 30, 2004 Subdivision Committee meeting. Outstanding issues discussed at Subdivision Committee included signage dimensions,proposed access to the site,parking spaces provided, and dimensions and screening of the trash dumpster. Since that time color elevations with dimensions of the proposed signage have been submitted. The sign does meet the requirements of the Design Overlay District. The applicant has redesigned the proposed parking lot,however, the site plan still shows one space in excess of what is permitted by code. The site plan will have to be revised and submitted to the Planning Department prior to issuance of building permits. Recommendation: Staff recommends approval of LSD 04-1288 with the following conditions: January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.2 Conditions.of.Approval .. 1. Planning Commission determination and approval of Commercial Design Standards. Staff finds that the proposed structure does meet the design standards as set forth in the Unified Development Code. 2. Planning Commission determination of a waiver to allow the minimum distance between curb cuts to be less than 200 feet within the Design Overlay District. The applicant requests a curb cut be allowed within approximately 50 feet of an existing curb cut to the south. Additional information from the applicant's traffic engineer has been included in the staff report. 3. Bicycle racks shall be placed within 50' of the entrance, and comply with all requirements as specified in Chapter 172.10. Bicycle racks may not replace required trees in landscape islands. 4. Trash_ enclosures shall be screened on a minimum of three (3) sides with materials that are complimentary to and compatible with the proposed building. Access to the enclosure shall not be visible from the street, pursuant to city ordinance. 5. The site plan shall be revised illustrating removal of at least one parking space,to meet ordinance requirements, and resubmitted to the Planning Department prior to issuance of building permits. 6. A six foot sidewalk shall be constructed along the entire frontage of the property along Shiloh Dr., located at the right-of-way line. Sidewalks shall be constructed pursuant to City Code. 7. The Tree Preservation Plan shall be revised to reflect the percentages and canopy calculations within this report. 8. Revise the tree protection fencing shown to exclude the canopy removed for grading near the drainage Swale at the north end of the parking lot. Standard Conditions of approval: 9. Parking lot lighting shall be shielded and directed away from adjoining properties and utilize high pressure sodium lighting or energy equivalent. Fixtures shall be full cut-off and shall conform to Design Overlay District requirements. 10. All mechanical/utility equipment shall be screened using materials that are compatible with and incorporated into the structure. 11. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments fro%WW10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.3 representatives..- AR--Western. Gas,,. SWST,, ..Ozarks„._SWEPCO,.,,_Cox._ Communications) 12. 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. 13. Large scale development shall be valid for one calendar year. 14. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project that shall include 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 §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 15. Additional conditions: PLANNING COMMISSION ACTION: yes Required Approved Denied Date: January 10, 2005 The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.4 Taye ARKANSAS PC Meeting of January 10, 2004 125 W. Mountain St, Fayetteville,AR 72701 THE CITY OF FAYE.,TTEVILLE, ARKANSAS Telephone:(479)575-8267 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Jeremy Pate,Landscape Administrator Date: January 05, 2004 ITEM#: LSD 04-1288 (Leggett& Platt,Inc.) Requirements Submitted: Initial Review with the Landscape Administrator ✓ Site Analysis Map Submitted ✓ Site Analysis Written Report Submitted ✓ Complete Tree Preservation Plan Submitted Canopy Measurements: NUr N �; � acres .. 6.28 square feet 273,557 acres 2.21 square feet 96,194 percent of site area 35.2% acres 1.62 square feet 70,659 percent of total site area 25.8% - - - 15% FINDINGS: The desirability ofpreserving a tree or group of trees by reason of age, location, size or species. K..'VeremylLandscape AdMWPROJECTSILSD-10041Leggett&PIWTreePrese"ationReport-PC.doc January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.5 The trees proposed for preservation are those most desirable to be preserved, for they-ace-located-on anexistinghillside.that.is.-not.to.be developed-Those trees.. proposed for removal are small volunteer willows, cedars, elm and backberry. These trees are not providing a significant public benefit and are classified as low priority trees. Whether the design incorporates the required Tree Preservation Priorities. • The design does incorporate the required Tree Preservation Priorities, by preserving the high priority trees located on the hillside, along exceeding the minimum requirement of 15% for this zoning district (C-2). The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Environmental degradation will not occur due to the removal of the trees in question. The applicant has preserved the trees on the hillside,which potentially would suffer degradation were they to be removed. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. • The proposed removal of trees will not impact adjacent property owners nor will it impact the appearance of the property that is being developed. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • Alternative construction methods are not necessary in this instance. Whether the size or shape of the lot reduces the flexibility of the design. • The size and shape of the lot does little to reduce the flexibility of design. However, existing conditions do inhibit the placement of the building on the hillside, and require careful situation of the access drive to ensure a safe traffic situation. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. -The general health and condition of the on-site trees is fair to good. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • The preserved trees on the hillside will be outside of the area for construction of structures or utilities. The need to remove the tree or group of trees for the purpose of installing, repairing replacing, or maintaining essential public utilities. • The preserved trees on the hillside will be outside of the area for construction of structures or utilities. K.,UeremylLandscape Admin IPROJECTSILSD-2004Veggett&PlatllTreePresenation&port-PCdoc January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.6 Whether roads and utilities are designed in relation to the existing topography, and routed, where possible,.to-avoid damage"to.existing canopy. • Drives and utilities have been sited to avoid damage to existing canopy. Construction requirements for On-Site and Off-Site Alternatives. N/A The effects ofproposed On-Site Mitigation or Off-Site Alternatives. • No mitigation is required. The effect other chapters of the UDC, and departmental regulations have on the development design. • Other regulations have little effect on the tree preservation areas. The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: None. The impact a substantial modification or rejection of the application would have on the Applicant: • Approval is recommended. Recommendation: Staff is recommending the Tree Preservation Plan associated with LSD 04- 1288 be approved,with the following conditions: 1. The Tree Preservation Plan shall be revised to reflect the percentages and canopy calculations within this report. 2. Revise the fencing shown to exclude the canopy removed for grading near the drainage swale at the north end of the parking lot. K.UeremylLandsmpe AdminIPROJEC7WSD-2004ILeggelt&PlaaWreePreseratronReporl-PC.doc January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.7 7aye I PC Meeting,of January 10; 2005• ARKANSAS 125 W. Mountain St. THE CITY OF FAYGTT'E�11LLE, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 LANDSCAPE REVIEW FORM To: Fayetteville Planning Commission From: Jeremy Pate, Landscape Administrator Date: January 05,2005 ITEM#: LSD 04-1288 (Leggett& Platt, Inc.) Applicable Requirements: ✓ �G n"�ea Plan Checklist.- .-'submitted hecklist:✓submitted by applicant Xrequested ✓ wheel stops/curbs X irrigation ✓ edged landscape beds indicated ✓ species of plant material identified ✓ size of plant material at time of installation indicated interior landscaping narrow tree lawn(8'min. width, 17'min. length/I tree per 15 spaces) tree island 10'min. width/I tree per 12 spaces) ✓ perimeter landscaping -- — _ side and rear property lines (5'landscaped) adjacent to streetRO.W(IS'greenspaceexclusive for landscaping/1 street tree every 30 L.F., a continuous planting of shrubs and ground = r wn cover-50% evergreen) soil amendments notes include that soil is amended and sod removed 11, mulching notes indicate mulching around trees and within land ca a be 005 ✓ planting details according to Fayetteville's Landscape VP"hg Commi sion LSD 04-1288(Leggett and Platt) K.UeremylLandscape AdminIPROJECTSILSD-20041Leggett&PlattlLandscapeReviewForm-PC.doc Page 1.8 Vie" Y��Sny _ J .. NMI greenspace,adjacent-tostreetR.aW..(1.5'•wide). street trees planted every 30'L.F. along R.O.W. outdoor storage screened with landscaping landscaped area(12' min.) fence required outdoor storage screened with landscaping non-residential landscape screen when adjacent to residential zones landscape requirement for setback reduction = _ 3T mM'Mmx5 1/ greenspace adjacent to street R.O.W.(25'wide) street trees planted every 301L.F. along R.O.W. 1/ 25%of total site area left in greenspace(80% landscaped) 1/ parking lots and outdoor storage screened with landscaping Recommendation: Staff recommends approval of the Landscape Plan associated with LSD 04-1288,with the following conditions: Conditions of Approval: 1. All required landscaping shall be guaranteed pursuant to City ordinance,prior to final plat. 2. Include what type of irrigation is proposed—automatic or hose bibs located 100' o.c. January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) K.UeremylLandswpe AdminWROJECMSD-20041Legge1t&P1atALandsmpeRevieivForm-PCdoc Page 1.9 MORRISO N KI SHIPLEY E N G I N E E R S, I N C. (VIA HAND DELIVERY) November 3,2004 Ms. Jan Gambill Planning Department City of Fayetteville,Arkansas 113 West Mountain Fayetteville,Arkansas 72701 Re: Large Scale Development Plan Proposed Office Building Leggett and Platt, Inc. Dear Jan, Attached, please find twenty-five (25) copies of the revised large scale development plans, one (1) copy of the revised drainage report and one (1) copy of the tree preservation report for the subject project. This material is being submitted in response to tech review comments received October 27, 2004. As noted in the review comments, the distance between the proposed driveway and the existing driveway to the Quality Inn(the property south of this site) is less than 200 feet. By copy of this letter, I am requesting a waiver from this requirement for the following reason: The curb cut was placed as far south as possible to maximize the weaving area for traffic exiting Interstate 540 to access the proposed development. As shown, the distance from the tip of the gore at the exit to the new entrance is approximately 460 feet; moving the driveway to obtain 200 feet of separation would reduce the weave length to approximately 310 feet. Please let me know if this request for a waiver requires any other supporting information or documentation. Prior to the Subdivision Committee meeting, I will retain a traffic engineer to advise me and my client on this matter. Any reports or data will be provided to staff as soon as it is available. RECEIVED January 005 Plannin4omm' cion LS O4t A.e�g;a94nd latt) P.O. BOX 10072 • FORT SMITH, AR 72917-0072 • (479)452-1933 • 4791 - C11'Y �1F PAYETTEVILLE PLANNING ' ' I N Ms. Jan Gambill November 3,2004 Page 2 of 2 If the information contained herein appears incomplete in any way, or if you have questions,please feel free to contact me. Thank you for your consideration. Sincerely, Morrison-Shipley Engineers,Inc. Neal'T. Morrison,P.E. Enclosures January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.11 PETERS & ASSOCIATES ENGINEERS, INC. I November 11, 2004 Mr.Neal Morrison, P.E. Morrison-Shipley Engineers P.O.Box 10072 Fort Smith,Arkansas 72917 Bus: (479)452-1933 E-mail: neal.morrison@morrisonshipley.com RE: P1079 Office Building—Shiloh Street Fayetteville, Arkansas Dear Mr.Morrison: As requested,Peters&Associates Engineers,Inc.has reviewed the site plan for this project with focus on the proposed location of the driveway entrance on Shiloh Street(I- 540 southbound, one-way frontage road). The site plan consists of an office building with a single point of access via a right-turn in/out driveway to Shiloh Street. This proposed driveway is located approximately 460 feet from the point on Shiloh Street where southbound vehicles exiting 1-540 may begin a weaving maneuver to the outside lane of Shiloh Street from which access to the proposed driveway would be permitted. There is an existing driveway that serves the Quality Inn Hotel adjacent to the site that is approximately 60 feet south from the proposed driveway. It is our understanding that the City of Fayetteville has requested that the proposed driveway be relocated to be a minimum of 200 feet north of the existing Quality Inn Hotel driveway. This would place the proposed driveway approximately 400 feet from the point on Shiloh Street where southbound vehicles exiting 1-540 may begin a weaving maneuver to the outside lane of Shiloh Street from which access to the proposed driveway would be permitted. This would result in a reduction of the weaving section available for vehicles desiring to access the proposed office building. Weaving sections are roadway segments where the pattern of traffic entering and leaving at contiguous points of access results in vehicle paths crossing each other. Where the distance in which the crossing is accomplished is relatively short in relation to the volume of weaving traffic, operations within the roadway section may be congested. January 10,2005 Planning Commission LSD 04-1288(Leggett and Platt) Page 1.12 Therefore, it is recommended that the driveway for the proposed office building be constructed as shown on the site plan to provide the maximum weaving section from the point on Shiloh Street where southbound vehicles exiting I-540 may begin a weaving maneuver to the outside lane of Shiloh Street from which access to the proposed driveway would be permitted.. Please call if you have question or wish to discuss. SINCERELY, PETERS &ASSOCIATES ENGINEERS,INC. Ernest J. Peters,P.E. President P.O. BOX 21638 UM ROCK, ARKANSAS 72221 (501) 225-0500 FAX: (FAjj -M15°O0 LSD 04-1288(Leggett and Platt) Page 1.13 LSD04-1288 LEGGETT & PLA`i T BUILDING One Mile View kdz ' R# ��'Z ', _ h-__-. :.. ffi'&4�V'J'a'v4F1k -_F 2va•- RMF-2 RMK2iv Jl 1 MS�sLL2+_ -R$f4 5P1 - RW4 0 a a o 0 0 - S4 RA o £Y . o !. o{ ._.___... _______._. �MARK AM✓ZV I i- - V P1 Z, o �4RA Te \ RSE 3 RSF p`y o00 ` o - i S RSFf v {-'a � �sT#'ROPRTY- ♦ °o ' R_i "^i F _gM5H;4E3 l + _ ¢22f-:RSFt4 AMFN F-MAIIJ a, (ingl( 34 RMP#� t'�.'3 1. .-a.-:r. -RSE4 _ } ��.1•""`5"¢ME+24 (UA1:25. --R1- ilA 0 i PRIV o k lM1 ALIF 2d tirFc D� RMF.4 PA..... 24 IPM G2 _-_ •-"- t `4fI. t i RA - G2,g JIGS Lit CF CP _ — M1.S. l C P q R R# �SF4 RSF�d L'Y' F2 Y n1 _ \� RMF RSFd �� o N _ 2( # __ - °onsf# � a RPm 1 Gz f -yy I 1 R G? ) CS 2'GSL r- ('-'IIIAF2L- _ H RMF?4� 12 G1 t 9 f G2 G U G2l R# RSFMP t FE G2 t� o 1 1 F Y f`? RRF4 $1 A o: y. I 12 $Egfi ' CPID iiSPa RY-12 _FRNA�..-, j 42 " fiP2, R A .__. ooF12 G2v...'I�Ti ST RSF4 RW4 .aSFdo vR RMF-24 ' }41 ilRS _NAVS:tZy z JI$F4 RSF4 C-2 41 __-..___. o .d� RMF 2 RA b fit 4, Overview Legend Boundary Master Street Plan _ - --' - Subject Property +^,. Planning Area Master Street Plan LS004-1288 cP000a _Freeway/Expressway o Overlay District _Pdraipal Medal _•❑ Outside City *k—Minor Arterial Collector . . ••e•Historic Called., ®.0 1 0.2 0.3 0.4 January 10,2005 Miles Planning Commission LSD 4-1288(Leggett and Platt) Page 1.14 i { it xy t y Y. � I y 9 'Sea 1 .anC �n 'x' • s �i ` 'a - �� 's ft�g i'uZ�' S�' {,?: ��ce,,00,�'x��-,`,t��x�`�-•fG � 'y'. �� J n r 2'Yx� 4 �i�'� .,Ig.g'["•'3 S t�'1"r 3 H4 '� 11UH, rtx s�N, d z"` ,r:' xxe sp� , r i _vz3�; 9�is r' 'r r ,gxa'itifu �Sf ar < cil'L'frt'S'• x`l- `�.a"L3tl �1• •� 11 w Ent i 1 II 1 I• DRAFT 1 January 6,2005 166.06 Planned Zoning District (PZD) (A)Applicability. To be considered for a planned zoning district, the applicant shall meet all of the following criteria: (1) Location. Eligible properties include those located within the city limits. (2) Ownership. Eligible applicants for preliminary plan review shall be a landowner of record or an authorized agent. The approved PZD master development plan shall be binding on all subsequent owners of the land until revised or modified. (3) Size. There shall be no minimum or maximum tract size for a PZD application. (B)Application. The initial application for a PZD shall include the following items: (1)Application. Complete application form to request a PZD. (2) Copies. Copies of a PZD master development plan in accordance with the submission requirements on the project application form. application form, (3) Fee. Applicant shall pay all required filing fees for a planned zoning district as set forth in Chapter 159 Fees of the UDC. If a subdivision, large scale development, or site plan approval of larid is proposed, a fee for that application the preliminaFy plat shall also be paid. (C)Review and approval procedures. (1) Pre-application meeting. Before submitting an application the landowner or authorized agent shall confer with the Planning Division in order to become familiar with the PZD development rev process. The staff shall inform the applicant of any perceived problems that may arise. A further purpose of the pre- application meeting is to make sure the applicant has, or will be able, to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys and other data required in a PZD master development plan preliminary-plan. (2) Planning Commission. All planned zoning district applications shall follow the procedures for approval of a PZD master development plan. Site plan, large scale development, and preliminary plat approval may be processed concurrently as set forth in the UDC. large scale deatele,� �+ fT ,4n DRAFT 1 January 6,2005 (3) City Council. 'If the PZD master development plan is approved by the Planning Commission, it shall be forwarded to the City Council for review. The City Council may grant or deny as submitted, or as_they may so amend, defer for requested changes or more information, or return the application to the Planning Commission for further study. The applicant shall not modify to a design other than that reviewed and approved by the Planning Commission prior to City Council review. The City Council may direct Planning Commission to reconsider specific aspects of the plan. If the master development plan is approved, an ordinance shall be prepared which incorporates the plan, statement of commitments, development and architectural standards, and conditions. (4)Appeals. Appeals from the action of the Planning Commission shall be in accordance with Chapter 155 Appeals of the UDC. (5) Repeals. The owner of an approved planned zoning district may, for cause, request repeal of the ordinance establishing the development when it has been determined that the development will not occur. A written request may be filed with the city clerk at any time up to three (3) years after the date of adoption of the ordinance creating the planned zoning district. The request shall be addressed to the Mayor and City Council, setting forth the cause for repeal. The request shall be set for a public hearing at the earliest possible time to expedite the required action. The owner of the subject planned zoning district zoned land shall provide notice of hearing to adjacent property owners. Notice to others as required by law shall be provided by city staff and signs shall be posted. (D) General Requirements. (9)Application of a Planned Zoning District is permitted only in accordance with a master development plan prepared and approved in accordance with the provisions herein. Large Scale Development, Site Plan, and/or Preliminary Plat approval may be concurrently processed through the PZD process. (2) Planned Zoning Districts may be controlled by one or more owners and shall be developed under unified control or by a unified master development plan . The owners, successors, heirs, or assigns shall be bound by the approved master development plan, including any modifications or amendments thereto as approved by the Zoning and Development Administrator or City Council (3) Master development plans may include more restrictive regulations than that which is included in other sections of the UDC, but standards shall not be established that fall below these minimum standards. -2- DRAFT 1 January 6,2005 (E)Approval Criteria For Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of planned zoning district applications based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the General Plan 2020; (2) Whether the application is in compliance with all applicable statutory provisions; (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services; (4) Whether the proposed rezoning is compatible with the surrounding land uses; (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; (6) Whether the intended land use would create traffic congestion or burden the existing road network; (7) Whether the planned development provides for unified development control under a unified plan. (F) Master Development Plan Summary and Required Information The following information shall be submitted by the applicant in written narrative form: (1) The name and address of.• (a) landowner/applicant (b) representative, if applicable (2) General project concept (3) Proposed development phasing and time frame (4) Proposed Planning Areas, described and depicted(Planning Areas (PA) are those areas within an MDP designated with specific zoning and development standards, as required herein. Any number of PA's may be allowed within an MDP, subject to approval by the City Council.) (5) Relationship to the existing and adjacent land uses (6) Impacts on City services (7) A traffic study when required by the Planning/Engineering Divisions. (8)An analysis of the site characteristics related to the proposal, including any environmentally hazardous, sensitive or natural resource areas. Describe any natural or manmade hazards. (9) Compliance with the Fayetteville General Plan 2020 (10) A description of the recreational facilities, including existing and proposed park sites, open space and accessibility to parks and open space (11)Teaposed Zoning and Development Standards 3 DRAFT 1 January 6,2005 (12) A chart comparing the proposed master development plan to the current zoning district requirements. (13) Any other required information as applicable when other applications are processed in conjunction with the PZD master development plan application (i.e. preliminary plat, large scale development). (G) Master Development Plan Level of Detail (1) Sheet 1 (a) The name of the proposed master development plan shall be centered at the top of the sheet along the long dimension of the sheet. (b) The following wording shall be placed verbatim on the sheet: GENERAL PROVISIONS Authority This PZD master development plan is authorized by Sections 161 and 166 - Planned Zoning Districts of the City of Fayetteville Unified Development Code. The provisions of this .PZD master development plan shall run with the land. The landowners, their successors, heirs, or assigns shall be bound by this master development plan, as amended and approved by the City Council Adoption The adoption of this PZD master development plan shall evidence the findings and decision of the Fayetteville City Council that this Planned, Zoning District for (name of development) is in general conformity with the Fayetteville General Plan 2020; is authorized by the provisions of Sections 161 and 166 of the City of Fayetteville Unified Development Code. The provisions of this PZD master development plan shall prevail and govern the development of (name of development), provided, however, that where the provisions of this Master development plan do not address a particular subject, the relevant provisions of the City of Fayetteville Unified Development Code, as amended,: or any other applicable resolutions or regulations of the City of Fayetteville, shall be applicable. 4 DRAFT 1 January 6,2005 Enforcement To further the mutual interest of the residents, occupants, and owners of the PZD Master development plan and of the public in the preservation of the integrity of the Plan, the provisions of this Plan relating to the use of land, statement of commitments, development and architectural standards, and the location of common open space shall run in favor of the City of Fayetteville and shall be enforceable at law or in equity by the City without limitation on any power or regulation otherwise granted by law. Conflict Where there is more than one provision within the PZD Master development plan that covers the same subject matter, the provision which is most restrictive or imposes higher standards or requirements shall govern unless determined otherwise by the Zoning and Development Administrator. Maximum Level of Development The total number of dwellings or the total commercial, business, or industrial intensity approved for development within the Planning Areas is the maximum development requested for platting or construction. The actual number of dwellings or level of development for commercial, business, or industrial properties may be less due to subdivision or site improvement plan requirements or other requirements of the City Council. Project Tracking At the time of subdivision final plat, site plan, or large scale development the applicant shall provide a summary of the development, to date, to the Planning Division, in order to assure maximum development limits are not exceeded. (2) Sheet 2 Zoning and Development Standards The name of the proposed PZD master development plan shall be centered at the top of the sheet along the long dimension of the sheet. The proposed zoning and development standards shall be formatted to follow the established UDC zoning format. Beginning in the upper left hand column of the sheet, state the following for each Planning Area category, e.g., single family: Permitted uses by Use Unit Conditional uses by Use Unit Land Use Density and/or Intensity 5 Bulk and area regulations Lot width minimum Lot area minimum Land area per dwelling Setback requirements Height Building area Landscaping Parking Site Planning Architectural Design Standards Other standards or requirements provided in the UDC shall apply to this PZD Master Development Plan Complete legal description. The staff planner may allow this to be provided on a separate sheet, if lengthy. (3) Sheet 3 Master Development Plan.. The name of the proposed PZD master development plan shall be centered at the top of the sheet along the long dimension of the sheet. This sheet shall graphically depict the site and include the following: 1. A block in the lower right hand corner, or along the right hand margin, which includes the following: North Arrow Graphic and written scale at 1"= 100'or 1"= 200'or as otherwise approved by the Zoning and Development Administrator or staff planner Date of Preparation Z Vicinity map that depict the relationship to the surrounding area within a 1 mile radius. The vicinity map shall be superimposed on a current City of Fayetteville Plat Page, on a current City of Fayetteville Zoning Map, and on a current City of Fayetteville Master Street Plan maintaining the same scale . 3. Dimensions, bearings, and control points along all exterior property lines. 4. Topography shall be shown at maximum 10'contour intervals, including high and low spot elevations and shadow areas of 15% or greater slope. The staff planner may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate. 5. Access (1)Arterials and collectors shall be depicted in all planning areas. (2) Trails as coordinated with the Parks Division ti. Existing easements/right-of-way 7. 100 year floodplain, floodway, and stream/creek centerline 8. Proposed Land/ROW/Easement Dedication 9. Public or private, regional and community parks, open space and trails shall be depicted and referenced by number, letter or symbol. Local park dedication shall be determined at the time of platting/development 10.Planning Areas-Areas Identified for a Specified Permitted and/or Conditional Uses All planning areas and open space areas shall be shown overlaid on topography at a scale that clearly delineates the planning area boundaries so that they can be located on the site. For each planning area shown on the development plan or within a separate table, indicate the following, as applicable: A. Acreage B. Number of dwelling units C. Land use designation D. Residential density E. Nonresidential square footage NOTE. The number of dwellings indicated in the Planning Areas is the maximum number of dwellings requested, the total of which cannot exceed the total number approved for the proposed PZD. The density range for each Planning Area, when calculated#o the maximum proposed, shall not exceed the total number of dwellings for the entire PZD. The actual number of dwellings approved by the Council may be less than shown on the plan due to subdivision or site improvement plan requirements or other requirements of the Council. 11.Land Use Table A separate land use table, which indicates the total land use for the planned development, shall be prepared as follows utilizing the following categories and symbols: Partial Example: SYMBOL - LAND USE DENSITY UNITS ACRES SF Single Family 3 120 40.0 26% MF Multifamily 9 765 35.0 23% DP Dedicated Parks - - 42.5 28% SUBTOTAL 8.38 885 117.5 77% C Commercial 566,280 sq. ft. 25.0 17% 1 Industrial 217,800 sq. ft. 9.0 6% O Office M.U. Mixed Use SUBTOTAL 784,080 sq. ft. 34% (H)Statement of Commitments. The statement of commitments shall be provided in the following format: "STATEMENT OF COMMITMENTS" The statement of commitments shall; in all cases, describe the development commitments including a method for assigning responsibility to heirs, successors, or assigns, and timing of the fulfillment of these commitments for the following: 1. Dedication: Public dedication for parks, roads, drainage, etc., either in specific acreage dedication (referenced by symbol) or specific cash in lieu of land or facilities. Describe the proposed ownership, utility provision, improvement schedule, and maintenance provision. In all cases, dedicated land shall be conveyed to the City of Fayetteville. 2. On or off site improvements: Provision shall be made for the construction of, or payment of fees for, community or off site improvements through current UDC requirements for guarantee of improvements at the time of development. 3. Natural Resources and Environmental Sensitive Areas Such as Trees, Wetlands, Floodplain 4. Project phasing restrictions 5. Fire protection 6. Other commitments imposed by the City 7. Parks/Trails/Open Space Commitments 8. Proposed Preliminary Building Elevations (Residential and Commercial) (1) Amendments to the PZD Master Development Plan. The Zoning and Development Administrator shall determine whether an amendment request shall be considered a minor modification or a PZD City Council rezoning based on the criteria established herein. The applicant may appeal the Director's decision to deny an administrative modification within 10 working days of said decision to the council, in writing. (1) Minor Modification - Criteria An amendment request may be considered as an administrative minor modification if it meets the following criteria: Setbacks —An increase or decrease of the required setback when such modification is no more than a 20% change to the originally approved setback Minimum Lot Size —An increase or decrease of the minimum lot size when such modification is no more than a 20% change to the originally approved minimum lot size. Building Height-An increase or decrease of the building height when such modification is no more than a 20% change to the originally approved maximum building height. Increased Number of Dwelling Units -An increase of the number of dwelling units in a planning area of 20% or less. Such increase shall be accompanied by a corresponding decrease in dwelling units in another planning area located within the same approved PZD Master Development Plan. Decreased Number of Dwelling Units -A decrease of the number of . dwelling units in a planning area up to 20%. Such decrease shall result in a net loss of dwelling units unless these units are concurrently approved as an increase of units in another planning area. Commercial/Non-residential Development Intensity An increase or decrease of the square footage of development intensity when such modification is no more than a 20% change to the originally approved development intensity. Text Changes -Insubstantial changes to the text, as determined by the Zoning and Development Administrator, to add clarity, when such changes do not change the commitments. Street Alignment -The Zoning and Development Administrator upon review by the City Engineer shall determine whether an insignificant shift in the alignment of a street shall require no amendment. (2) City Council Approval. Rezoning through the PZD process is required to modify any aspect of the PZD which is not allowed under the Minor Modification process. (J) Phasing. Phasing of a PZD master development plan may vary from the requirements of Chapter 166 of the UDC with regard to the expiration of permits only when phasing has been identified, described, and approved as part of the PZD master development plan process. (D)Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. (2) Screening and landscaping. in order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and landscaping shall be provided as set forth in §166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a)The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. (4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall be used as general guidelines to establish parking and loading standards for the PZD master development plan. apply to the speGifiG gross usable eF leasable floor areas ef the respeetive use-areas (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. (6) Sidewalks. As required by §166.03. (7) Street Lights. As required by §166.03.' (8) Water. As required by §166.03. (9) Sewer. As required by §166.03. (10) Streets and Drainage. Streets within a Feside:ntial PZD may be either public or private. (a)Public Streets. Public streets shall be constructed according to the adopted standards of the City unless otherwise approved by the City Council as part PZD master development plan. (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul-de-sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)AII grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv)Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi)Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions_ The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width No On-Street Parking) Dwelling One-Way Two-Way Units 1 - 20 14' 22' 21+ 1 14' 24' *Note: If on-street parking is desired, 6 feet must be added to each side where parking is intended. (ix)All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private - " street. (xi)The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 inches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set "