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Kyle Sylvester ClreuIt Clerk
F11e2013-00040451
ORDINANCE NO. 5637
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING
DISTRICT ENTITLED R-PZD 07-2793 FOREST HILLS TO REVISE THE
CONCEPT PLAN AND ZONING CRITERIA FOR PLANNING AREA TWO,
REDUCING THE NUMBER OF DWELLING UNITS FROM 100 UNITS TO 72
UNITS AND REMOVING THE REQUIREMENT FOR VERTICAL MIXED -
USE BUILDINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the zoning criteria booklet and plats for R-PZD 07-2793 Forest Hills
are hereby amended to reflect the major modification to the concept plan and zoning criteria in
Planning Area two, reducing the number of dwelling units from 100 to 72 and removing the
requirement for vertical mixed -use buildings, as reflected in Exhibit "A."
Section 2. That the Planned Zoning District ordinance and official zoning map of the
City of Fayetteville, Arkansas, are hereby amended to reflect the zoning criteria change provided
in Section 1 above.
Section 3: That this amendment is subject to Conditions of Approval and shall not be in
effect until these conditions are met.
1. The ground floor parking area shall be designed to resemble a habitable space, as
indicated in the attached elevations. This includes the use of entrance features (even if not operable)
such as windows, doors and awnings.
2. The parking entrance shall be removed from Jewell Road and relocated to the interior of
the site.
3. This development is subject to all requirements of Urban Residential Design Standards,
including the requirement for a front fagade and building entry along the public street.
4. This development shall meet a minimum buildable street frontage of 50% along Jewell
Road.
5. All conditions of approval from the previously approved R-PZD 07-2793 Forest Hills
shall apply.
6. Approval of this PZD modification does not grant approval of the development details for
the project. The proposed development will be required to be reviewed for compliance with all
Unified Development Code requirements as part of the standard development review process.
Page 2
Ordinance No. 5637
PASSED and APPROVED this 3rd day of December, 2013.
APPROVED:
ATTEST:
By: S 4"' -
SONDRA E. SMITH, City Clerkfl7easu(0W'l+fl+i�,
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Washington County, AR
I certify this instrument was filed on
12/13/2013 10:30:21 AM
and recorded in Real Estate
File Number 2013-00040451
Kyle S - Circuit Clerk
by
Jesse Fulcher
Submitted By
City of Fayetteville Item Review Form
2013-0146
Legistar File Number
11/19/13
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Planning
Department
ADM 13-4512: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST HILLS PZD
MODIFICATION TO PLANNING AREA 2, 440): Submitted by MORRISON SHIPLEY ENGINEERS for
property located in the Forest Hills Development at Wedington Drive and Salem Road. The property is
zoned R-PZD FOREST HILLS. The request is to modify the zoning criteria for Planning Area 2 to change
the density and use.
Does this item have a cost? =
Cost of this request
Account Number
Project Number
Budgeted Item? =
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Category or Project Budget
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached?
`P—A 0,- - �_� It-%-zo13
Program or Project Name
Program or Project Category
Fund Name
V20130612
WO_s ICE ? EI'�k_ � 1CF i V, ,It l �q Egli P�UQYY�iOQ i Of i�J �l�l t hum,
THE CITY OF FAYETTEVILLE, ARKANSAS
KANS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Jeremy Pate, Development Services DirectorN
From: Jesse Fulcher, Senior Planner
Date: October 31, 2013
Subject: ADM 13-4512 Forest Hills Planned Zoning District Amendment No. 3 — Planning Area 2
RECOMMENDATION
Staff recommends approval of an ordinance to amend the concept plan and zoning criteria for the Forest Hills Planned
Zoning District (PZD), allowing four single -use (residential) multi -story buildings in Planning Area 2 and reducing the
number of units from 100 to 72.
The Forest Hills Planned Zoning District contains approximate 80 acres, divided into five distinct planning areas.
Planning Area 2, The Village at Forest Hills, contains approximately 1 I acres and is approved to be developed with four
(4) three-story mixed use structures and four (4) one-story retail and office structures. The concept plan, building images
and description market this planning area as a mixed use destination with street level retail and food services, upper level
residential units, outdoor market, and sidewalk cafes.
To date two one-story buildings have been permitted for Planning Area 2. Planet Fitness was approved by the Planning
Commission in 2012 and is now open. Aspen Square, a four -unit retail building, was approved by Planning staff in 2013
and is currently under construction just southwest of Planet Fitness.
The applicant proposes to construct four single -use, multi -story buildings on the south end of Planning Area 2. These
buildings, along with the previous two commercial projects, will essentially complete development in this planning area.
Overall, the final site design of Planning Area 2 is consistent with the concept plan approved with the Forest Hills PZD.
However, in staff's opinion, the plan doesn't meet the overall land use plan if the last four buildings are single -use
residential buildings.
Therefore, the applicant is requesting that the Planning Commission and City Council approve an amendment to Planning
Area 2, and allow four buildings to be constructed as multi -story apartment buildings and not as vertical mixed -use
buildings as approved with the PZD.
DISCUSSION
On October 28, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 07-2793 FOREST
HILLS TO REVISE THE CONCEPT PLAN AND ZONING
CRITERIA FOR PLANNING AREA TWO, REDUCING THE
NUMBER OF DWELLING UNITS FROM 100 UNITS TO 72
UNITS AND REMOVING THE REQUIREMENT FOR
VERTICAL MIXED -USE BUILDINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the zoning criteria booklet and plats for R-PZD 07-2793 Forest Hills
are hereby amended to reflect the major modification to the concept plan and zoning criteria in
Planning Area two, reducing the number of dwelling units from 100 to 72 and removing the
requirement for vertical mixed -use buildings, as reflected in Exhibit "A."
Section 2. That the Planned Zoning District ordinance and official zoning map of the
City of Fayetteville, Arkansas, are hereby amended to reflect the zoning criteria change provided
in Section 1 above.
Section 3: That this amendment is subject to Conditions of Approval and shall not be in
effect until these conditions are met.
1. The ground floor parking area shall be designed to resemble a habitable space, as
indicated in the attached elevations. This includes the use of entrance features (even if not
operable) such as windows, doors and awnings.
2. The parking entrance shall be removed from Jewell Road and relocated to the interior of
the site.
3. This development is subject to all requirements of Urban Residential Design Standards,
including the requirement for a front fapade and building entry along the public street.
4. This development shall meet a minimum buildable street frontage of 50% along Jewell
Road.
5. All conditions of approval from the previously approved R-PZD 07-2793 Forst Hills shall
apply.
6. Approval of this PZD modification does not grant approval of the development details for
the project. The proposed development will be required to be reviewed for compliance
with all Unified Development Code requirements as part of the standard development
review process.
PASSED and APPROVED this
U.7''J"TIVA-0-01
m
day of , 2013.
ATTEST:
By:
LIONELD JORDAN, Mayor SONDRA E. SARTH, City Clerk/Treasurer
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Faye .vile
I'llF. CITY OF FAYFIJEVILLF,. AIZKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Jesse Fulcher, Senior Planner
PC Meeting of October 28, 2013
THRU: Andrew Garner, City Planning Director
DATE: Oetobe"on�. "�4 Updated October 31, 2013
125 W. Mountain St.
Fayetteville, AR 72701
phone:(479) 575-8267
ADM 13-4512: Administrative Item (WEDINGTON DRIVE AND SALEM ROAD/FOREST
HILLS PZD MODIFICATION TO PLANNING AREA 2, 440): Submitted by MORRISON
SHIPLEY ENGINEERS for property located in the Forest Hills Development at Wedington Drive and
Salem Road. The property is zoned R-PZD FOREST HILLS. The request is to modify the zoning criteria
for Planning Area 2 to change the density and use. Planner: Jesse Fulcher
BACKGROUND
Property: The Forest Hills Planned Zoning District contains approximate 80 acres, divided into five
distinct planning areas. Planning Area 2, The Village at Forest Hills, contains approximately I I acres and
is approved to be developed with four (4) three-story mixed use structures and four (4) one-story retail
and office structures. The concept plan, building images and description market this planning area as a
mixed use destination with street level retail and food services, upper level residential units, outdoor
market, and sidewalk cafes.
To date two one-story buildings have been permitted for Planning Area 2. Planet Fitness was approved by
the Planning Commission in 2012 and is now open. The original building design was modified to include
building elements presented in the PZD booklet. Aspen Square, a four -unit retail building, was approved
by Planning staff in 2013 and is currently under construction just southwest of Planet Fitness. Many of the
same design elements of Planet Fitness were included in this building design. Surrounding land use and
zoning are listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
Forest Hills PZD
South
Multi -family
RMF-24
East
Multi -family
RMF-24
West
Undeveloped
R-A
Proposal: The applicant proposes to construct four single -use, multi -story buildings on the south end of
Planning Area 2. These buildings, along with the previous two commercial projects, will essentially
complete development in this planning area. Overall, the final site design of Planning Area 2 is consistent
with the concept plan approved with the Forest Hills PZD. However, in staff s opinion, the plan doesn't
G: IETCIDevelopment Services Revietr1201311])evelopmenl Revieiv113-4512 ADM Foresi Hills PA-2 PZD MWOU8 Planning Commission110-18-
20131Commenti and Redlines
meet the overall land use plan if the last four buildings are single -use residential buildings.
Therefore, the applicant is requesting that the Planning Commission and City Council approve an
amendmentto Planning Area 2, and allow the remaining four buildings to be constructed as multi -story
apartment buildings and not as vertical mixed -use buildings as approved with the PZD. The overall
density will be reduced from 100 units to 72, 6.6 units per acre.
Public Comment: Public notice signs were placed on along Salem Road, notifying the public of the
upcoming hearings. No comments have been received.
RECOMMENDATION
In staff's opinion, Planning Area 2 will develop as a mixed use district, just not in a verticle format as
originally proposed. Overall, Planning Area 2 will be a compact, multi -use development, that is walkable
and connected to the rest of the Forest Hills development site.
Staff recommends forwarding ADM 13-4512 Forest Hills R-PZD Modification No. 5 to the City
Council for approval with the following conditions:
The ground floor parking area shall be designed to resemble a habitable space, as indicated in the
attached elevations. This includes the use of entrance features (even if not operable) such as
windows, doors and awnings.
2. The parking entrance shall be removed from Jewell Road and relocated to the interior of the site.
3. This development is subject to all requirements of Urban Residential Design Standards, including
the requirement for a front fagade and building entry along the public street.
4. This development shall meet a minimum buildable street frontage of 50% along Jewell Road.
5. All conditions of approval from the previously approved R-PZD 07-2793 Forst Hills shall apply.
6. Approval of this PZD modification does not grant approval of the development details for the
project. The proposed development will be required to be reviewed for compliance with all
Unified Development Code requirements as part of the standard development review process.
Planning Commission Action: Q Forwarded O Denied
Motion: Chesser
Second: Autry
Vote: 8-0-0
Meeting Date: October 28, 2013
G:IE Development Services RevieM20ODevelopmenl Reviem113-4512ADhf Forest Hills PA-2 PZD ModliM Planning Commission110-28-
20131Comments and Redlines
Original PZD Design and Zoning Standards
13�-1IH . S3?JOd lY 537N3OISMI
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Proposed PZD Design and Zoning Standards
lei
MORRISON
SHIPLEY
ENGINEERS • SURVEYORS September 17, 2013
City of Fayetteville
Fayetteville City Council
125 W. Mountain St.
Fayetteville, AR 72701
Re: Planning Area 2, Ofjice/Retoil/Multi-Family '7he Village" at Forest Hills
Request to Amend PZD Criteria — Density and Use
Dear City Council,
On behalf of the property owner and developer, Forest Hills Partners LLC, we are requesting
consideration to amend the criteria for density, use, and tree preservation in Planning Area 2, the
office/retail/multi-family portion of the Planned Zoning District (PZD). Forest Hills is located on the
south side of Wedington Drive at Salem Road; Planning Area 2 includes the area where the Planet
Fitness and other recent retail buildings are located. The property was rezoned to PZD in June 2008
which established a multi -family density of 9.17 units per acre for Planning Area 2 based on 100
apartment units. The apartments were planned to be on the upper levels of retail buildings.
Forest Hills Partners, LLC, would like to develop the multi -family portion of Planning Area 2 with four
upscale, three story apartment buildings. The buildings will consist of two stories of apartment units
(totaling 72 units) over ground level interior parking. We are requesting to reduce the density from
8.17 units per acre to 6.52 units per acre and to amend the use to accommodate multi family over
interior parking. In order to facilitate four buildings, the existing tree canopy preserved on -site in Area
2 will be less than 25%. We request approval to provide tree preservation mitigation with aTr�
.�
combination of new plantings in Area 2 and preserving existing canopy in the tree preservation area in
the southeast corner of Forest Hills. The modified PZD booklet sheets and site plan have also been
attached as a part of this request. ,
Thank you for your consideration.
�ru x a[e
Sincerely,
Morrison-5hlpl Y. Engineers, Inc.
Sammi May, P.E.
Project Manager
2407 S.E. Cottonwood Street
Bentonville. AR • 72712
479.273.2209 • Fax 479, 273-2553
morrisonshipley.com
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1
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 07-2793 FOREST
HILLS TO REVISE THE CONCEPT PLAN AND ZONING
CRITERIA FOR PLANNING AREA TWO, REDUCING THE
f�NMBER OF DWELLING UNITS FROM 100 UNITS TO 72/
UN TS AND REMOVING THE REQUIREMENT FOR
VERhCAL MIXED -USE BUILDINGS.
BE IT ORDAINED BY THE CITY COUNCIL V THE CITY OF
FAYETTEVILLE, AROkNSAS:
Section 1. That the's o
are hereby amended to reflect the
Planning Area two, reducing the
requirement for vertical mixed -use
Section 2. That the Ph
City of Fayetteville, Arkansas, are
in Section 1 above.
ning criteria booklet and plats fot R-PZD 07-2793 Forest Hills
major modification to the concept plan and zoning criteria in
'number of dwelling units //from 100 to 72 and removing the
bxcildings, as reflected in/ "A."
PASSED and APPROVED this
APPROVED:
By:
LIONELD JORDAN,. Mayor
ming Districyordinance and official zoning map of the
amended tcireflect the zoning criteria change provided
day of 2013.
ATTEST:
By:
SONDRA E) SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS THE MORNINNING NE FSPRINO ERR
OF ROG
THE
OCOUNTY AIL
NEWSP"EI&C Y RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607. 72702 1 479-442-17001 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of
City of Fayetteville -
Ordinance 5637
Was inserted in the Regular Editions on:
December 12, 2013
Publication Charges: $ 116.73
Holly Andrews
Subscribed and sworn to before me
This `K day
�of�`.Q� 2013.
`" v� V L
Notary Public �( ,(
My Commission Expires: �12��2vt
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
RECEIVE®
DEC 2 6 2013
CITY CF FAYE TEVILLE
CITY CLERKS OFFICE