HomeMy WebLinkAboutOrdinance 5240 Doc ID: 012925910002 Type: REL
Kind: ORDINANCE
Recorded: 06/22/2009 at 11:11:49 AM
Fee Amt: $20.00 Pace 1 of 2
Mashinoton Countv. AR
Bette Stamps Circuit Clerk
File2009-00019374
ORDINANCE NO. 5240
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING
DISTRICT ENTITLED R-PZD 06-1883, ABSHIER HEIGHTS,
LOCATED AT THE NORTHWEST CORNER OF ABSHIER DRIVE
AND HILLCREST AVENUE, CONTAINING APPROXIMATELY 4.11
ACRES, TO REFLECT REVISED CONDITIONS OF APPROVAL AS
DESCRIBED HEREIN.
WHEREAS, the City Council of the City of Fayetteville approved a Residential Planned Zoning
District known as Absbier Heights (R-PZD 06-1883)on April 4, 2006 with Ordinance No. 4850; and
WHEREAS, the applicant was permitted until April 4, 2009 to obtain all building permits and
complete construction of all required street improvements, including speed tables; and
WHEREAS, all work interior to the site has been completed with the exception of vertical
construction; and
WHEREAS,the applicant has completed all street improvements as required and/or amended by the
Planning Commission on April 27, 2009, and requests that the speed tables to be installed on area streets be
revisited.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an
extension of R-PZD 06-1883 (Abshier Heights),requiring the applicant to obtain all building permits by April
4,2014, or the PZD approval expires.
Section 2: That the requirement to install up to four speed tables is amended to require the
applicant to install one speed table if requested by the City Engineer prior to issuance of a Certificate of
Occupancy on the final building and to install one stop sign at the intersection of Oakwood and Hillcrest.The
entire cost of said improvements shall be the responsibility of the applicant.
Section 3: That all other conditions of approval for R-PZD 06-1883 Abshier Heights,including
the conditions as added by the Fayetteville City Council shall remain in force.
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PASSED and APPROVED this 19'h day of May, 2009. ms's
® FAYETTEVILLE:
APPROVED: ATTEST: pyso.gR,�ANnsp °JZ,>
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By 4. By:
J6&4ELD JO Mayor SOMDAA E. SMITH, City Cler reasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/19/2009
City Council Meeting Date
Agenda Items Only
Jesse Futcher Planning Development Services
Submitted By Division Department
Action Required:
ADM 09-3263: (Abshier Heights Modification, 407): Submitted by H2 ENGINEERING for property located N &W
OF THE ABSHIER DR. AND HILLCREST AVE. INTERSECTION. The property is zoned R-PZD, RESIDENTIAL
PLANNED ZONING DISTRICT. The request is to modify the conditions of approval concerning the time frame to
obtain building permits and the requirement to install speed tables.
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
DA-14.91 Previous Ordinance or Resolution#
Depa ment it c r Date
Original Contract Date:
S• (_Of Original Contract Number:
City Attom ((�� (� Date
`"rciu,)L Q vdoxY"^ 5-4^2oo9
Finance and Internal Services Director Date Received in City ��ERt
Clerk's Office
Chief of to Date
Received in
Mayors Office
R't~�Ma or Date�lL .:
Date
Comments:
Revised January 15, 2009
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8206
ENGINEERING DIVISION CORRESPONDENCE
TO: Cit Council Members
FROM: Matt Casey P.E., Assistant City Engineer
DATE: May 1, 2009
SUBJECT: Abshier Heights Requests
The applicant for this project has requested that the speed tables that were required with the original
development approval be removed from their conditions of approval. At this time engineering staff
recommends approval of this request for the following reasons:
• Speed tables should be installed on streets with grades less than 5%. Abshier is from 6 to 8%
slope, Hillcrest is from 5 to 15% slope, Lakeridge is from 7 to 18% slope and Oakwood has an
average slope of 12% slope. Installing speed tables on steeper slopes may create tractions issues
during wet and icy weather conditions. It is possible to place a speed table on the west end of Abshier,
but this is outside the area that speeds are affecting the residences. It is also possible to install one on
Hillcrest between North and Oakwood,but sight distance is a concern in this area and the table would
be pushed too close to North street to be effective.
• Speed tables should be located a minimum of 250' from an intersection. The distance along
Hillcrest between Abshier and Oakwood is less than 500' not allowing enough distance to meet this
criterion. There is slightly more than 500' along Hillcrest between Oakwood and North, but this
location is in an area with inadequate sight distance for the south bound traffic.
Since the Planning Commission meeting,the Transportation Division performed a sight distance analysis of the
intersection of Hillcrest and Oakwood. There is inadequate sight distance for the traffic from the west that is
turning onto Hillcrest. When looking south,there is heavy vegetation and a crest in the roadway that limits the
drivers view. For this reason,this intersection warrants the installation of an additional stop sign on Hillcrest
to make the intersection a 3-way stop condition. The Engineering staff recommends that this stop sign be
added in lieu of installation of speed tables on Hillcrest. We feel thatthe addition of this stop sign would better
accomplish the goal of reduced speeds in this area.
Abshier Heights Page 1 of 1
City Council Meeting of May 19, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: April 28, 2009
Subject: Abshier Heights PZD Modification
RECOMMENDATION
The City Planning and Engineering Divisions recommend approval of an ordinance
amending the conditions of approval for the Abshier Heights Planned Zoning District(R-
PZD 06-1883).
BACKGROUND
On April 4, 2006, the City Council granted approval of R-PZD Abshier Heights on 4.11
acres of land with frontage on Abshier Drive and Hillcrest Avenue, with a maximum of
24 dwellings units in six buildings, at a density of 5.8 dwelling units per acre. All work
interior to the site has been completed with the exception of vertical construction, and the
street improvements adjacent to the property have also been completed.
The applicant is requesting that the City Council amend the following two conditions of
approval:
1) Installation of speed tables
The Engineering and Transportation Divisions have evaluated the street conditions of
Oakwood, Hillcrest, Abshier and Lakeridge to determine where speed tables could be
safely installed and where additional stop signs would be warranted based on the Manual
on Uniform Traffic Control Devices (MUTCD). Based on the steep grades common of
the streets in this area and site distance limitations, staff recommends that the requirement
to install up to four speed tables be removed. Staff finds that the installation of an
additional stop sign at the intersection of Hillcrest and Oakwood will increase vehicular
safety and reduce speeds on Hillcrest, likely providing the most benefit to the
neighborhood. Staff can support a speed table on Abshier between College and the
project entrance based on the techinical requirements listed herein. However, speed
reductions from this speed table will only be realized on Abshier, in close proximity to
the actual speed table.
City Council Meeting of May 19, 2009
Agenda Item Number
2) Timeframe to complete construction
Staff is supportive of extending the expiration date for five (5) additional years, given
that the project will be complete with the exception of vertical construction, and an
extension will allow the developer to construct additional units as demand increases.
DISCUSSION
This item was heard at the regular Planning Commission meeting on April 27, 2009 and
forwarded by vote of 7-0-0 with a recommendation for approval to the City Council. The
Planning Commission recommended that staff evaluate installing speed tables on
Hillcrest between Oakwood and North and on Abshier between College and the project
entrance. The commissioners also recommended that a stop sign be installed at the
intersection of Hillcrest and Oakwood.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING
DISTRICT ENTITLED R-PZD 06-1883, ABSHIER HEIGHTS,
LOCATED AT THE NORTHWEST CORNER OF ABSHIER DRIVE
AND HILLCREST AVENUE,CONTAINING APPROXIMATELY 4.11
ACRES, TO REFLECT REVISED CONDITIONS OF APPROVAL AS
DESCRIBED HEREIN.
WHEREAS, the City Council of the City of Fayetteville approved a Residential Planned Zoning
District known as Abshier Heights(R-PZD 06-1883)on April 4,2006 with Ordinance No. 4850; and
WHEREAS, the applicant was permitted until April 4, 2009 to obtain all building permits and
complete construction of all required street improvements, including speed tables; and
WHEREAS, all work interior to the site has been completed with the exception of vertical
construction; and
WHEREAS,the applicant has completed all street improvements as required and/or amended bythe
Planning Commission on April 27,2009,and requests that the speed tables to be installed on area streets be
revisited.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an
extension of R-PZD 06-1883 (Abshier Heights),requiring the applicant to obtain all building permits by April
4,2014, or the PZD approval expires.
Section 2: That the requirement to install up to four speed tables be amended to allow the
applicant to install one speed table, one stop sign and associated warning signs as indicated in Exhibit"A"
attached hereto and made apart hereof. The entire cost of said improvements shall be the responsibility of the
applicant.
Section 3: That all other conditions of approval for R-PZD 06-1883 Abshier Heights,including
the conditions as added by the Fayetteville City Council shall remain in force.
PASSED and APPROVED this day of , 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
R-PZD 06-1883
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FayeV 1 PC Meeting of April 27, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: X899 Updated April 28, 2009
ADM 09-3263: (ABSHIER HEIGHTS MODIFICATION): The request is to modify the
conditions of approval concerning the time frame to obtain building permits and the recommended
street improvements. Planner: Jesse Fulcher
BACKGROUND
Property Description: On April 4,2006,the City Council granted approval ofR-PZD Abshier Heights on
4.11 acres of land with frontage on Abshier Drive and Hillcrest Avenue,with a maximum of 24 dwellings
units in six buildings, at a density of 5.8 dwelling units per acre. All work interior to the site has been
completed with the exception of vertical construction, and the street improvements adjacent to the
property have also been completed.
Request: The applicant is requesting that the Planning Commission and City Council amend the
following three conditions of approval:
1) Street improvements
2) Installation of speed tables
3) Timeframe to complete construction
Street Improvements
Background: The applicant was original required to improve the project frontage along Abshier Drive
and Hillcrest Avenue 14' from centerline including pavement, curb and gutter, storm drains and 5'
sidewalks. After evaluating the amount of grading required for the installation of improvements at the
north end of Hillcrest, staff determined that the required street improvements along the south end of
Hillcrest and along Abshier would require significant tree removal. Extensive grading and tree removal
would have been counter to the conditions of approval associated with the City Council's approval, to
maintain as much tree canopy as possible as a screen for adjacent residents. Accordingly,the applicant
requested a modification to the required street improvements,which the Planning Commission approved
on June 9,2008. The amended improvements required the applicant to finish installing only the curb and
gutter along the remainder of the property frontage, install a left-turn lane at the intersection of Abshier
Drive and College Avenue, and install a 5' sidewalk west from the property entrance to College (see
Exhibit"A"). The curb and gutter work adjacent to the site is complete.
K.Teports12009W ReportsV l-Apri1271ADM 09-3163(Abshier Heights_Modication).doc
Proposed amendment to street improvements: In-lieu of installing a left-turn lane at the intersection of
Abshier and College, and installing a 5' sidewalk from the project entrance on Abshier to College,the
applicant is proposing to improve Hillcrest. Specifically,the improvements would include milling and an
asphalt overlay of a 23' wide section of Hillcrest north of Woodcrest Drive (see Exhibit`B"). The 9'
section of milling and overlay shown in the exhibit is required to be completed by the developer due to
street damage that occurred from installing the curb and gutter.
Recommendation: Staff recommends in favor of the applicants request to mill and overlay sections of
Hillcrest in-lieu of the remaining improvements west of the project. The pavement on Hillcrest is
severely deteriorated north of Woodcrest, likely requiring the City to spend money from the overlay
program for improvements that can be accomplished by the developer at this time. While the installation
of a turn-lane at Abshier and College would be convenient,the traffic study submitted with the original
PZD application indicates that there are very few vehicles turning left at this intersection.
Installation of speed tables
Background: During the original review of the development,the applicant agreed to install speed tables
on Hillcrest,Abshier, Lakeridge and Oakwood as a 50/50 cost share with the City of Fayetteville. This
requirement was negotiated between the developer and neighbors,and was agreed to by the City Council
during their review of the project.
Proposed amendment to speed table requirement: The applicant is proposing to eliminate the required
speed tables and as an alternative, install stop signs at strategic locations to slow vehicle speeds in the
neighborhood.
There are several techincal requirements typically evaluated by cities before installing street tables. These
include street classification,speed limit,traffic volume,street grade,block length and street construction.
In general the streets in this area fail to meet the following requirements:
1) Speed tables should be installed on streets with grades less than 5%. The average grades for the four
streets mentioned above exceed 5%and in some cases exceed 10%.
2) Speed tables should be located a minimum of 250' from an intersection. There are only two areas
where there is more than 500' between intersections and in both cases there is limited visibility due
to topography and jogs in the street.
3) Curb and gutter should be located on both sides of the street. The streets in this area were
constructed several decades ago and therefore curb and gutter was not installed except for along the
project frontage.
Recommendation: Staff supports removing the requirement to install speed tables on Oakwood,Hillcrest
and Lakeridge due to steep grades and limited visibility in this area (see related Engineering Division
memo). Installing speed tables on steeper slopes can create traction issues during wet or icy weather
conditions and reduce the visibility of speed tables by approaching motorists. Staff can support a speed
table on Abshier between College and the project entrance based on the techinical requirements listed
herein. However, speed reductions from this speed table will only be realized on Abshier, in close
proximity to the actual speed table. Staff finds that the installation of an additional stop sign at the
intersection of Hillcrest and Oakwood will increase vehicular safety and reduce speeds on Hillcrest,likely
providing the most benefit to the neighborhood.
K.IReports12009W Reports lll-Apri1271ADM 09-3263(Abshier Heights_Modification).doc
Timeframe to complete construction
The project expiration, as amended by the City Council, is April 4, 2009. The applicant submitted the
extension request to the Planning Division on March 24,2009,prior to extension period ending on April
4, 2009.
Proposed amendment to expiration date: The applicant is proposing that the project expiration be
extended to either five (5) years from the expriation date of April 4, 2009, or that the City remove the
expiration period entirely.
Recommendation: Staff is supportive of extending the expiration date for five(5)additional years,given
that the project will be complete with the exception of vertical construction,and an extension will allow
the developer to construct additional units as demand increases. The applicant shall be allowed until
April 4,2014 to receive all permits necessary to complete construction of the project. If all permits have
not been received by this time, development approval shall be revoked.
Conditions of approval
Planning Staff recommends approval of ADM 09-3263, the requested modification to conditions of
approval for the Abshier Heights R-PZD 06-1883, with the following conditions.
1. Planning Commission determination of street improvements. Staff recommends that Hillcrest
Avenue be improved as indicated in Exhibit "B" to include milling and asphalt overlay of the
western 9'ofthe street between Abshier and Woodcrest and 23'ofthe street north of Woodcrest.
All street improvements shall be completed prior to receiving a final certificate ofoccupancyfor
the first building.
4/27/09: THE PLANNING COMMISSION APPROVED THE AMENDED STREET
IMPROVEMENTS.
2. Planning Commission recommendation regarding the installation speed tables.Staffrecommends
that the requirement to install speed tables be removed, due to limited visibility and steep grades
common of the streets in this area. Staff does recommend that the applicant coordinate the
installation ofadditional stop signs at the intersection of Oakwood and Hillcrest and Abshier and
Hillcrest. Neighbors have voiced concerns about speeding vehicles on Hillcrest and the lack of
visibility for residents backing their vehicles onto Hillcrest below the crest of the street. Final
improvements as determined by the City Council shall be completed prior to receiving a final
certificate of occupancy for the first building.
4/27/09: THE PLANNING COMMISSION RECOMMENDED THAT STAFF DETERMINE THE
EXACT LOCATIONS FOR SPEED TABLES AND ADDITIONAL STOP SIGNS PRIOR TO CITY
COUNCIL REVIEW.SPECIFICALLY,THE MOTIONER RECOMMENDED THAT SPEED TABLES
BE INSTALLED ON ABSHIER DRIVE BETWEEN COLLEGE AND PROJECT ENTRANCE AND
ON THE SOUTH END OF HILLCREST AVENUE BETWEEN NORTH STREET AND OAKWOOD
STREET.
3. Planning Commission recommendation for extending the timeframe to complete construction.
Stafffinds in favor of the request to extend the timeframe to obtain all necessary permits to April
4, 2014, given that all construction will be complete with the exception of vertical construction.
K-Weporis1200911`C Reportr111-April 271ADM 09-3263(Abshier Heights_Modification).doc
