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HomeMy WebLinkAboutOrdinance 5256 ORDINANCE NO. 5256 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 09-3237, MARKHAM HILL COTTAGE COURTS, LOCATED NORTH OF MAINE STREET AND WEST OF CROSS AVENUE; CONTAINING APPROXIMATELY 2.98 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-PZD 08-2980 and RMF-24 to R-PZD 09-3237 as shown on 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 I above. Page 2 Ordinance 5256 PASSED and APPROVED this 21"day of July, 2009. vat G�� S sir >V oo°G\TY 0,- e 's_ APPROVED: ATTEST: s aFAYETfEVILLEoz* e By. By. LD AN, Mayor SONDRA E. SMITH, City &Y reasurer Y ✓"� � � ..�4 � ° .a aa4�-'� � `:c",s.-}-F+.r; „mac---mss, ,;,s :. � -,s -"� r cs rs s F.��a T �.✓ � 'c'€'_. e}� '" r rz'fi s�A � �,` .�•� r �� � x'` �� -qSr ,���3z -rr -!, ..+�{� Sr �- '.� 3�1v� ''Y.2"✓n2' �✓ t5rs`e- -_ � �. >a i� �f Y zU'., +.�`t rt r�+� ���y � +. ' n,-r, �cst r Kvs, t i � 4 Y+z`5r-; � �{• �� ,...- 4f � � t y rya. �.y. } �N�s rs� r �,a' l etr( ';' i, i�},t'✓" f�vvT�,3.+� �.4rss3g`��,�'�"t?�o�ry x "�� �`� 1.- '�'�� a �a�+ 4i"t�f.�r�1 .i�t �� a'`V�� - a ,#`x„+ t� `�. 'm�,Lr�i+h�SY't�y�+ter*. s� r �.�.4 n r u'"4-".Y _ Y-` ,7 ys t�r"+'hy -� "� i \X'� ,E�.s• �,tv��.-c"� y:V( ����"�,c'�i-cs'-��y`��� } `a`.'s �iw_A—=•.��ii^3° -``��"h.zS,3a'`�xx��� � r,� `�'�-�^aw`�.a.. 'T GYim _ y`-y�.J�",- '��'�^�✓�``�*!sp�- 3s,n, n�h...x� �`•¢��1ti t fir. ;. t`�X� - Vr -ys'�`'�s's,kl �rr - '�� �s+.:�Lk'`' 'yrs � '�rr : a"�•w �t #.. .�. c3 i msv Page 3 Ordinance 5256 EXHIBIT "B" R-PZD 09-3237 LOTS 14-18 AND LOTS 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: Ordinance 5256 R-PZD 09-3237 Page 1 of 6 Conditions of Approval for R-PZD 09-3237 (Markham Hill Cottage Courts) As approved by the City Council 07-21-09 1. The developer shall be required to construct the following street improvements: a. A minimum pavement width of 14 feet from centerline (20 feet total minimum), curb, gutter, storm drain, and five-foot sidewalk on Maine Street and Cross Avenue along the project frontage; b. Extension of storm drains off-site as necessary, determined by the City Engineer; c. Widening the curve around Nettleship Street/Cross Avenue as indicated on the plans; d. Street lights along Maine, Cross and Nettleship as required by code; and e. Construction of a shared 12-foot multi-use trail and one-way concrete alley in the existing Sang Avenue right-of-way connecting the western edge of the new Sutherland Lane and Maine Street, as indicated on the plans. This shared trail/alley shall be marked with the "sharrow" symbols as coordinated with the City Trails Coordinator at the time of construction. 2. The City Council determines the following variances of minimum street design standards: a. The applicant requests a variance to allow different street cross section 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, and right-of-way width of 39 feet for Sutherland Lane. The Master Street Plan does not have cross-sections in the design as proposed. Staff recommends approval 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. APPROVED b. A variance of UDC § 171.01 (A)to allow for the proposed Sutherland Lane vertical profile in an attempt to match the natural terrain and minimize grading and tree removal: Street grade of 16.86%for approximately 75 linear feet;crest vertical curve K-value of 7.42; sag vertical curve K-value of 7.78. Staff recommends approval of the requested variances. APPROVED c. A variance of UDC § 171.02 (C) to permit a 5-foot curb return radius at the intersection of the new Sutherland Lane and Cross Avenue, when a 30-foot curb return radius is required,is denied*.A variance to allow a 20-foot curb return radius with the provision of landscape"bump-outs"is approved*. APPROVED* d. A variance of UDC § 171.01(A) that requires a minimum of 100-foot tangent between horizontal curves. The west end of the proposed Sutherland Lane was unable to meet this requirement due to the narrow width (138 feet) of the property in this location. Staff recommends approval of this variance. APPROVED 3. Determination of a variance of UDC § 172.02(B)to allow for gravel in the motor court areas when pavement or a paving system is required. The applicant proposes to provide a 3-year CONDITIONS OF APPROVAL: Ordinance 5256 R-PZD 09-3237 Page 2 of 6 bond for paving of this area with asphalt or chip and seal pavement in the case of a failure of the gravel paving surface. The determination of failure of the gravel surface would be at the discretion of the City Engineer,and the developer would be required to pave the motor courts immediately, or the bond would be used to have the motor courts paved. Staff recommends in favor of this variance finding that the design of the motor court areas to drain away from the public right-of-way, combined with the installation of concrete aprons on the driveway approach should prevent gravel from being washed or pulled into the street. Further, the requirement of a bond to allow the City funds to pave the gravel areas provides assurance that if the gravel does not work effectively the City would have an enforcement measure to correct the problem.A cost estimate for the installation of pavement in the motor courts shall be submitted as part of the construction review for the individual motor courts. Payment of the bond shall occur immediately prior to issuance of construction permits for the individual motor courts. Homes and drives shall be constructed such that if parking in the motor courts is necessary, the drainage and elevation of structures would function effectively. APPROVED 4. Determination of a variance of UDC § 172.02(D)(3)(iv) to permit an eight-foot (8') curb return radius into the motor courts when a 15-foot radius is required. The applicant's variance request discussed that since service vehicles are not required to enter the motor courts the intersections would still function property, and the smaller curb return radius would reduce vehicle speeds creating a safer environment for both vehicles and pedestrians. Staff recommends approval of this proposed variance finding agreement with the applicant's justification with the requirement that signage be installed indicating"No Service Vehicles" in the motor courts. APPROVED 5. Determination of the proposed phasing plan.This project is required to obtain all permits in accordance with the Phasing as listed and depicted in the PZD booklet and noted below. Extensions may be approved 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 City Council approval of the PZD. ■ The applicant shall obtain all building permits for all residential units and accessory structures within five years from City Council approval of the PZD. APPROVED Staff recommends the following requirements associated with the construction phasing: ■ To prevent large areas of the site from being disturbed without homes being built, construction permits for the individual motor court/retaining wall areas shall not be permitted prior to application for building permits within those areas to be disturbed. ■ Prior to issuance of a certificate of occupancy for any residence, construction of the common infrastructure and amenities for that area of the site around the residence including the motor courts, retaining walls, pedestrian paths, drainage, landscaping, etc. shall be required to be CONDITIONS OF APPROVAL: Ordinance 5256 R-PZD 09-3237 Page 3 of 6 completed and inspected. APPROVED 6. The applicant shall dedicate right-of-way as follows by easement plat or separate document prior to building permit: a. 25 feet from centerline along Maine Street and Cross Avenue. b. 39 feet for the construction of Sutherland Lane. c. 20 feet for the construction of the new two-way alley. d. Local street stub-outs to the southern property line to allow for future street connection. e. Adequate right-of-way to construct the improvements at the intersection/curve of Nettleship Street and Cross Avenue. 7. To ensure that the intent of the PZD is met and pedestrian trails are functional and do not result in erosion or safety issues, the pedestrian trails may be constructed of alternative materials rather than a typical concrete or asphalt sidewalk,but the material,such as crushed stone or brick, etc. should be installed with a "stabilizer". All materials and method of construction shall be reviewed and approved by the Trails Coordinator. 8. No parallel parking spaces are allowed within 30 feet 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. 9. 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. 10. A sign indicating a future street extension shall be installed at the Sutherland Lane stub-out on the western property line at the time of construction completion of the street, or as determined by Planning staff. 11. 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. 12. Payment of Parks fees in lieu of parkland dedication in the amount of$26,120 for 18 single family and thirteen two-family units shall be paid prior to issuance of a building permit for the first unit in this development. 13. As this development is within the HHOD, grading and drainage permits will be required prior to the issuance of any building permits. 14. Plat revisions. With the revisions submitted for City Council, indicate the location of the CONDITIONS OF APPROVAL: Ordinance 5256 R-PZD 09-3237 Page 4 of 6 proposed recreational areas on the PZD and LSD plats including community gardens and children's play area, and any associated accessory structures, such as a potting shed.As this is a development level project,all of these details and grading/tree preservation impacts need to be shown; otherwise they may not be permitted in the fixture. 15. The alley along the southern property line must be vacated prior to issuance of a building permit. General 16. The small parks,community gardens,greenspace,footpaths,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. 17. 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. 18. Buildings shall be constructed to be consistent with the concepts depicted in the building elevations in the PZD booklet. 19. 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. 20. 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. 21. 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. 22. All development shall meet applicable zoning and development criteria,unless specifically waived or varied by the Planning Commission as part of the PZD approval. Landscape Plan 23. Before construction document approval,the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. 24. Please review the checklist above and address all comments marked with the letter"N". 25. Type of irrigation must be designated, automatic system or hose bibb located every 100ft. The tree well trees have note for automatic irrigation.There is no other reference to irrigation CONDITIONS OF APPROVAL: Ordinance 5256 R-PZD 09-3237 Page 5 of 6 for tree not planted in tree wells. 26. Prior to building permit, a cost estimate for all required landscape is to be submitted to the Urban Forester/Landscape Administrator 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. 27. All street trees planted with this development must have a surety/guarantee to be issued (bond/letter of credit/cash) for a 3 year term at time of certificate of occupancy 28. All street trees must be Large Species trees and selected from Appendix A of the Landscape Manual. Any deviation requires the approval of the Urban Forester. Provide species specification sheets for any species not on the approved list. 29. Note that all landscape trees planted to meet street tree, mitigation tree or landscape code requirements must be single stem,minimum 2"caliber trees.No double of tri-stem trees will be counted towards meeting requirements. Tree Preservation 30. Grading, trenching or other ground disturbance is not allowed within the dripline of any preserved trees. Any tree with its trunk in a drainage easement can not have it canopy counted towards preservation. 31. Any walkways within the Tree Preservation Area shall be on grade including any substrate material. Staff also recommends that walkways within tree preserves be a type of mulch, gravel,permeable pavers,permeable concrete,and segmental concrete paving systems,Flexi- Paver or other previous materials. Any stairs within the Tree Preservation Area shall be of pier and lentil design to reduce slope penetration. 32. Any irrigation planned within the Tree Preservation area would need to be hand trenched in, air spaded in or bored in. 33. Root pruning will be extensively required on this site. Place a note on the Tree Preservation plan stating its requirement. At grading/building permit submit plans that actually detail the root pruning for the Urban Forester's review and approval. Specify that root pruning is to occur before any grade alteration or trenching. 34. Any garden placed under the tree canopy would need to be a shade garden.Additionally this garden would need to be in beds raised above the grade to protect tree roots. 35. The grouping of canopy areas will be placed into a restrictive Tree Preservation Area on the final plat. 36. 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). Standard Conditions of Approval 37. 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). CONDITIONS OF APPROVAL: Ordinance 5256 R-PZD 09-3237 Page 6 of 6 38. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. 39. 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. 40. 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. 41. All overhead utility lines under 12kv shall be relocated underground. All proposed utilities shall be located underground. 42. 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. 43. 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. Bonds in the amount of 150% of the construction cost for all public improvements will need to be submitted. e. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements"to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/21/2009 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: R-PZD 09-3237: (Markham Hill Cottage Courts, 520): Submitted by Rob Sharp for property located at the northwest corner of Cross and Maine Street. The property is zoned R-PZD, Residential Planned Zoning District and RMF-24, Residential Multi-Family 24 Units/Acre, and contains approximately 2.98 acres. The request is for Zoning, Land Use, and Development approval of a Residential Planned Zoning District with 18 single and 13 two-family residences. 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 Budget Adjustment Attached ote.9,S.eq Previous Ordinance or Resolution# Department Dire b Date Original Contract Date: Original Contract Number: ity Attorney Date cL baa. -- 6 -as Finance and Internal Services Director Date Received in City Clerk's Office Uf Chief of t D to Received in jz o Mayor's Office ayo Comments: Revised January 15,2009 City Council Meeting of July 21, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy C. Pate, Development Services Director From: Andrew Garner, Senior Planner Date: June 24, 2009 Subject: Residential Planned Zoning District Markham Hill Cottage Courts (R-PZD 09-3237) RECOMMENDATION Staff and 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 44-unit residential development(18 single and 13 two- family units) on 2.98 acres. BACKGROUND The subject property is located north of Maine Street and west of Cross Avenue, less than 0.25-mile west of the University of Arkansas Campus. The property contains approximately 2.98 acres on the south slope of Markham Hill and is largely wooded and within the Hillside/Hilltop Overlay District. The property is surrounded by a mix of residential uses ranging from multi-family development to the west and east, single- and two-family residential to the south, and undeveloped wooded hillside to the north. Ramay Junior High School is approximately one block to the south. On August 19, 2008 the City Council approved R-PZD 08-2980 Markham Hill Cottage Courts for 18 single family and five two- family cottages (28 units total). Since that time the developer acquired additional property at the northwest corner of Maine Street/Cross Street increasing the site from 2.54 to 2.98 acres. The project layout has been modified and the overall number of units increased from 28 to 44. The development concept is similar to the previous project although the overall changes require a new PZD application,which has been submitted under the same project name. The request is for rezoning, land use and large scale development approval for a residential development within an R-PZD zoning district on the subject property. Should the PZD be approved as proposed, it would result in immediate development approval of 31 detached cottages, 18 single and 13 two-family. DISCUSSION The Planning Commission voted 6-0-1 (Trumbo recused) in favor of this request on June 22, 2009. Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. BUDGETIMPACT None.