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HomeMy WebLinkAboutOrdinance 4766ORDINANCE NO. 4766 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05-1599, ZION GARDENS, LOCATED NORTHWEST OF THE INTERSECTION OF RANDALL PLACE AND ZION ROAD, CONTAINING APPROXIMATELY 13.55 ACRES, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING COMMISSION 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 -O, Residential Office, to R-PZD 05-1599 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan and development standards as shown on the preliminary plat and all conditions of approval determined appropriate and approved by the Planning Commission on August 22, 2005. Section 3: That this ordinance shall take effect and be in full force at such time as all of the requirements of the development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 20'h day of September, 2005. • • Q :FAYETTEVILLE; By: ATTEST: �-,;Si;" R N 11111111 111111 Iii 11111 11111 11111 11111 lillIllill 11111 11111 11111 11111 11111 11111111 By: Doc ID: 009328870002 Tvoe: REL S RA SMITH, City Clerk Recorded: 11/10/2005 at 01:05:41 PM Fee Amt: $11.00 Pace I of 2 Betten Stan County. AR Bette Stamps Circuit Clerk File2005-00050775 , 1 EXHIBIT "A" R-PZD 05-1599 A PART OF THE NEI /4 OF THE SETA OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE NEI/4 OF THE SEI A OF SAID SECTION 24 AND RUNNING THENCE S86044'28"E 804. 17 FEET; THENCE S88052'07"E 243.36 FEET; THENCE S87° 14'08"E 230.59 FEET TO A POINT ON THE CENTERLINE OF RANDALL PLACE, SAID POINT BEING N8701410811W 22. 14 FEET FROM THE NORTHEAST CORNER OF THE NE 1/4 OF THE SETA OF SAID SECTION 24; THENCE S2009'04"W 418. 17 FEET ALONG SAID CENTERLINE TO A POINT WHERE SAID CENTERLINE INTERSECTS THE NORTH RIGHT-OF-WAY LINE, EXTENDED, OF ZION ROAD; THENCE LEAVING SAID CENTERLINE AND RUNNING SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING: N89°42'09"W 600.2 FEET, S70020'58"W 246.5 FEET TO A FENCE CORNER; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING NORTHWESTERLY ALONG A FENCE LINE THE FOLLOWING: N4001 '52"W 18.0 FEET, N890060611W 184.03 FEET, S8803810911W 69.62 FEET, S890011W 91 .67 FEET, N87026' 1 8"W 102.66 FEET TO A FENCE CORNER LOCATED ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE LEAVING SAID FENCE LINE AND RUNNING N201 1 '57"E 537.49 FEET TO THE POINT OF BEGINNING, CONTAINING 13 .9 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO THE RANDALL PLACE RIGHT-OF-WAY ALONG THE EAST LINE AND ANY OTHER EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. Washington County, AR I certify this instrument was filed on 11 /10/2005 01 :05:41 PM and recorded in Real Estate File Number 2005-00050775 Bette Stamps - Circuit Cler c by iCity of Fayetteville Staff Review Form City Council Agenda Items 4�t 76k or Contracts Zion G�+'da�f'l 5 20-Sep-05 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 05- 1599: (Zion Gardens, 137): Submitted by H2 Engineering for property located northwest of the intersection of Randal Place and Zion Road. The property is zoned R-O, Residential Office and contains approximately 13 .9 acres. The request is to approve a Residential Planned Zoning District with 95 townhomes, that consist of attached and unattached units. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a g2rs Depa ment Director D to Original Contract Date: n/a Original Contract Number: n/a 9 / z lar City Alto ney Received in City Clerk's Office Q - Z - oS y a Finande an Internal Service Director Date Received in Mayor's Office �j EMlENEl1 Mayor Date Comments: • ' • . City Council Meeting of September 20, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operatioi6;� From : Jeremy C. Pate, Director of Current Planning Date : August 30, 2005 Subject: Residential Planned Zoning District for Zion Gardens (R-PZD 05- 1599) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Zion Gardens. This action will establish a unique zoning district for a residential subdivision on a 13 .9-acre tract located northwest of the intersection of Randal Place and Zion Road. The proposal consists of 95 single-family lots with attached and detached residential dwelling units, as well as two lots allowing tree preservation, utilities, and landscaped area. BACKGROUND The property consists of a total of 13 .9 acres located northwest of the intersection of Randal Place and Zion Road. The property is mainly large open pasture with some mature trees in the southwestern corner of the property and along the property lines. The property is zoned R-O, Residential-Office and is located adjacent to undeveloped pasture with some scattered rural single family residences. The applicant requests a rezoning and preliminary plat approval for a residential subdivision within a unique R-PZD zoning district. The proposed use of the site is for a single family development with a "neighborhood feel" by fronting units to the streets, providing adequate sidewalks, tree- lined streets, and trees on the front and rear of alternating lots, with access to attached garages on the rear of the units off of 16-foot public alleys. Of the 97 lots, lots 1 -76 are to be single-family detached units, lots 77-95 are to be either attached or detached single- family units, and lots 96 and 97 will remain undeveloped for tree preservation, utilities, and landscaped area. In addition to typical residential uses, lots 1 -95 will also be allowed Use Unit 24, Home Occupations. DISCUSSION The Planning Commission voted 6-0-0 in favor of this request on Monday, August 22, 2005. Approval of a Planned Zoning District requires City Council approval as it includes zoning (land use) as well as development approval (preliminary plat). Recommended conditions were approved by the Planning Commission with some revision, in addition to adding one new condition, all of which are reflected in the attached staff report. The additional condition recommended by the Planning City Council Meeting of September 20, 2005 Agenda Item Number Commission and supported by staff involves removing the originally proposed River Birch Drive in front of lots 57-65 to allow for additional greenspace along the Zion Road frontage of the property. Acces is to be from rear alleys and the houses will front on both a large greenspace area and Zion Road. The plat has been modified to reflect this revised condition. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1599, ZION GARDENS, LOCATED NORTHWEST OF THE INTERSECTION OF RANDAL PLACE AND ZION ROAD, CONTAINING APPROXIMATELY 13 .9 ACRES, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENoPLAN AS APPROVED BY THE PLANNING COMMISSION. BE IT ORDAINED BY THE CITY COUNCI \OF THE CITY OF FAYETTEVILLE, ARKANSAS: �\ Section 1 : That the zone classifizai ofthe following described property is hereby changed as follows: From R-O, Residential Office, to R PZD 05-1599 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zonmg4classification is based upon the approved master development plan and development standards as shown on the preliminary plat and all conditions of approval determined appropriate and approved by the Planning Commission on August 222005. Sectio&3:� � ,, ThaYthis ordinances"all take effect and be in full force at such time as allf the requirements of the development plan have been met. lection 4. Thatthe official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. 1 PASSEDAN„ DPROVED this day of 12005. }U` APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" R-PZD 05-1599 A PART OF THE NEIA OF THE SETA OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE NEIA OF THE SETA OF SAID SECTION 24 AND RUNNING THENCE S86044'28"E 804. 17 FEET; THENCE S88052'07"E 243 .36 FEET; THENCE S87° 14'08"E 230. 59 FEET TO A POINT ON THE CENTERLINE OF RANDALL PLACE, SAID POINT BEING N870-14'08"W 22. 14 FEET FROM THE NORTHEAST CORNER OF THE NEIA OF THE SETA OF SAID SECTION 24; THENCE S2°09'04"W 418. 17 FEET ALONG SAID/CENTERLINE TO A POINT WHERE SAID CENTERLINE INTERSECTS THE NORTH RIGHT-OF-WAY LINE, EXTENDED, OF ZION ROAD; THENCE LEAVING, SAID\CENTERLINE AND RUNNING SOUTHWESTERLY ALONG SAID/NORTH RIGHT-OF7WAY LINE THE FOLLOWING: N89°42'09"W 600.2 FEET, S7002015811W 246.5 FEET\ TO_A FENCE CORNER; THENCE LEAVING SAID `RIGHT-OF-N WAY AND /RUNNING NORTHWESTERLY ALONG A FENCE LINE THE\FOLLOWING: N4°01 '52"W 18 .0 FEET, N89006'06"W 184.03 FEET,, S88038109"W 69:62' FEET, S89'01 'W 91 .67 FEET, N87°26' 18"W 102.66 FEET TO A FENCE CORNER LOCATED ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE LEAVING SAID FENCE-LINE AND RUNNING N201 1 '57"E 537.49 FEET TO THE POINT OF BEGINNING, CONTAINING 13 .9 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE;WASHINGTON COUNTY, ARKANSAS. SUBJECT TO THE RANDALL PLACE RIGHT-OF-WAY ALONG THE EAST LINE AND ANY OTHER�EASEMENTS AND/Oi�RIGHT-OF-WAYS OF RECORD. 1 000 s ayeevl e ARKANSAS PC Meeting of August 22 , 2005 THEI' CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephonc: (479) 575-8267 TO: Planning Commission FROM : Andrew Garner, Senior Planner Brent O' Neal, Staff Engineer THRU : Jeremy Pate, Director of Current Planning DATE: July 28, 2005 R-PZD 05- 1599: RESIDENTIAL PLANNED ZONING DISTRICT (ZION GARDENS, 137): Submitted by H2 ENGINEERING, INC. for property located at NW OF THE INTERSECTION OF RANDAL PLACE AND ZION ROAD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 13 .9 acres. The request is to approve the preliminary plat of a Residential Planned Zoning District with 95 townhomes, attached and detached, on the subject property. Property Owner: MORRISS & ANN HENRY Submitted on behalf of: ZION PLACE, LLC Planner: ANDREW GARNER Findings : Property Description: The property consists of a total of 13 .9 acres located west of Crossover Road and immediately northwest of the intersection of Randal Place and Zion Road. The property is mainly large open pasture with some mature trees in the southwestern corner of the property and along the property lines. The property is zoned R-0 (Residential-Office) and is located adjacent to undeveloped open pasture with some scattered rural single family residences. R-0 currently allows for office, studio, single family and duplex housing up to 24 units per acre. Surrounding Land Use/Zoning: Direction Land Use Zoning from Site North Pasture; single family residence Residential-Agriculture R-A South Single family residences; open pasture Residential Single Family Residences (RSF-4); Residential-Agri culture (R-A East Undeveloped disturbed lot; Fayetteville Residential Multi-Family 24 Units/Acre Athletic Club (RMF-24); Residential-Office (R-0); Nei g borhood Commercial (C- 1 West Open pasture Residential-Agriculture (R-A) K:I Report.020051PC ReportslOH-12-051R-PW 05-1599 (Zion Gardens).doc 0 0 Proposal: The applicant requests a rezoning and preliminary plat approval for a residential subdivision within a unique R-PZD zoning district. The proposed use of the site is for a single family development with 95 attached and detached townhomes. The project is designed to encourage a "neighborhood feel' by fronting the units to the streets, providing adequate sidewalks, tree-lined streets to be maintained by the property owner`s association, and trees on the front and rear of alternating lots. The applicant has submitted a draft Bill of Assurance/Restrictive Covenants with specific restrictions intended to promote a traditional neighborhood including architectural, landscaping, building, and development requirements for each unit. The applicant proposes 97 lots as follows: 76 lots (lots 1 -76) to be detached single-family homes, 18 lots (lots 77-95) in the southeastern portion of the site are to be either detached or attached townhomes, and lots 96-97 will remain undeveloped for easement, open space, and tree preservation. The lots will front on the streets and have access from the rear off 16-foot public alleys (with the exception of lots 66-76 that will front the tree preservation area in the southwest corner of the site). The total density proposed is 7.5 units per acre. To further clarify "townhome," it is a: a row house on a small lot, which has exterior limits common to other similar units. Title to the unit and its lot is vested in the individual owner with a fractional interest in common areas, if any. A townhouse is a home that is attached to one or more other houses, but which sits directly on a parcel of land that you also own; it is considered a single-family dwelling. (Source: mortgagewarehousemb. com) The following bulk and area regulations are proposed by the applicant: ZONING CRITERIA: R-PZD 05-1599 Zion Gardens (A) Proposed Uses. LOTS USE UNIT ALLOWABLE USES Lots 1 -95 Unit I City-wide uses by right Lots 1 -95 Unit 2 City-wide uses by conditional use Lots 1 -95 Unit 8 Single-family dwelling Lots 1 -95 Unit 24 Home Occupations Lots 77-95 Unit 26 Multi-Family Dwellings Lots 96-97 No use unit Tree Preservation, Utilities, and allowed I Landscaped Area All other uses allowed within the R-PZD zoning district shall not be permitted. (B) Density. Units for entire Number of Acres Units Per Acre Subdivision I I ::I] 95 1 13.55 1 7.01 Note: The property is currently zoned Residential-Office (R-O) which allows up to 24 units/acre. K:IReports110051PC Repons108.22.051R-PZD 05-1599 (Zion Gardens).doc 0 0 (C) Bulk and area regulations. Single-family Multi-family dwellings Other uses Other uses dwellings (Lot 96) (Lot 97 Lot minimum width 20 feet minimum per 20 feet minimum per 200 feel minimum 585 feel dwelling/lot dwelling/lot minimum Lot area minimum 3,000 SF minimum per 2,200 SF minimum per 1 ,650 SF 2.2 acres dwelling/lot dwelling/lot minimum Land area per Varies. Only one dwelling Varies. Only one 1 ,650 SF minimum 2.2 acres dwelling unit unit per lot permitted. dwelling unit per lot (or one lot) permitted. (D) Setback requirements. Building setbacks vary. Front Building Setback: 12 ' Rear Building Setback: 0' Side Building Setback: 0' . All detached or attached fownhomes permitted on these lots shall have a separation that meets building code requirements. (E) Height. Maximum 56.5 ' height to allow for three-story structures. (F) Building area. Single-Family Attached: 75% maximum built area. Single-Family Detached: 65 % maximum built area. Water & Sewer: Water and sewer lines are being extended to serve the development. Access: Access is provided from Zion Road and Randal Place. North: Stub-out to vacant property South: From Zion Road, a Collector East: Randal Place, a Local Street West: Stub-out to vacant property Interior to the project, public streets and alleys are being provided. Most are 40' rights-of-way with 24' wide streets, with one 35 ' right-of-way (River Birch Drive) and one 50-foot right-of- way (Lantana Lane) with a 28 ' wide street. Alleys are within a 20' right-of-way and are 16' in width. Sidewalks are located on both sides of each public street. Adjacent Master Street Plan Streets: Zion Road (Collector); Randal Place ( Local Street) Street Improvements: As requested by the City, a traffic study was prepared by the applicant to address potential traffic safety and congestion as a result of the proposed project. The traffic study concluded that if Zion Road and Randal Place are improved to Master Street Plan standards, all study area intersections and roadway segments are calculated to operate at Level of Service ( LOS) "D" or better. ' The traffic study also concluded that sight distance along Zion LOS refers to the operating characteristics of road segments and intersections, with ratings starting at LOS A for a free flow traffic condition, and LOS F for a gridlock traffic condition. It is general industry standard that LOS D and higher are acceptable, however, the City of Fayetteville does not have a formalized significance threshold. K:IReports120051PC ReportslON-22-0518-PM 05-/599 (Zion Gardens).doc 0 0 Road is acceptable. The traffic study did not address the sight distance along Randal Place. Based on independent review of the traffic study and site visits by Staff, the following street improvements are recommended : Improvements to Zion Road along the project frontage to Master Street Plan standards with 34' of pavement, curb and gutter and stone drainage along the north side of the street, ending at the edge of pavement on the south side of the street , 6' sidewalk at the right-of-way along the project frontage. This creates a collector street width for this frontage, minus the curb and gutter on the south side, which will be installed by adjacent development. Alignment to be approved by City Engineering Staff. Improvements to Randal Road along the project frontage to Master Street Plan standards with 14' from centerline, curb and gutter, 6' sidewalk at the right-of-way, and stonn drainage. Tree Presentation: Existing: 12.3 % Preserved: 6.49% Mitigation: Required, 137 trees on-site. Parks: The Parks and Recreation Advisory Board recommended accepting money in lieu of land for 95 Single Family Units on June 6, 2005. The applicant is required to pay $52,725 prior to final plat approval. Public Comment: Staff has received comments from two adjacent property owners discussing concerns with excessive storm water increase and an increase in traffic from the project. Recommendation : Staff recommends R-PZD 05-1599 be forwarded to City Council with a recommendation of approval with the following conditions: Conditions of Approval: I . Planning Commission determination of street improvements. Staff recommends the following improvements: a. Improvements to Zion Road along the project frontage to Master Street Plan standards with 34' of pavement, curb and gutter and storm drainage along the north side of the street, ending at the edge of pavement on the south side of the street , 6' sidewalk at the right-of-way along the project frontage. Alignment to be approved by City Engineering Staff. b. Improvements to Randal Road along the project frontage to Master Street Plan standards with 14' from centerline, curb and gutter, 6' sidewalk at the right-of- way, and stone drainage. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION. 2. Future subdivision signage will be permitted in accordance with standard residential K.:IRepons120051PC Reports108-22-051R-P7.D 05-1599 (Zion Gardens).doc subdivision signage. 3 . All development shall meet applicable building codes for separation and other ordinances of the City of Fayetteville. 4. Interior streets shall be constructed to City of Fayetteville Master Street Plan standards and specifications, with 24-foot and 28-foot wide streets (as indicated on the plat) and four-foot sidewalks on both sides, located at the right-of-way line. The proposed round- a-bout configuration shall reviewed through the construction plan review process by City Engineering to meet their approval . 5. Planning Commission determination of appropriate street width for Frontier Elm Drive that is currently proposed at 40' right-of-way. Though a through street, staff/inds this width to be adequate to allow.for safe traffic movement. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION . 6. Based on current calculations, the developer shall be responsible for on-site mitigation to meet the Tree Preservation ordinance, in the amount of ( 137) 2-inch caliper large species trees. A final planting plan, maintenance and monitoring plan, and associated three-year bonds to mitigate for the removal of excess tree canopy is required prior to Final Plat. A copy of the regulations regarding on-site mitigation planting plans is included for your information. 7. Covenants and notes on the final plat that ensure the continued health and vitality of the mitigation trees shall be reviewed by the Urban Forester prior to Final Plat recordation. 8. The construction of homes on lots 66-76 shall require the pierl6eatN pier and above-grade beam foundation system as submitted with the PZD proposal, in order to count these trees as preserved. Appropriate trimming of tree limbs shall be coordinated with the Urban Forester. PLANNING COMMISSION REVISED 08/22/05 9. Street tree plantings shall be planted generally as shown on the Landscape Plan along the frontage of Zion Road and Randal Road, either in the right-of-way or within the open space along the street. Maximum spacing is to be 30 feet apart. 10. All Master Street Plan sidewalks (6') along Zion Road and Randal Place, and the 4' meandering sidewalk through the tree preservation area shall be constructed, not guaranteed, prior to signing the final plat. It . All interior curb cuts shall be from proposed alleys. 12. The project shall comply with the zoning criteria A-F as set out in this staff report. 13 . Payment of Park fees in the amount of $52,725 shall be submitted prior to the application of signatures to the final plat. K:IRepar is12o051PC ReporisION-22-051R-PZD 05-1599 (Zion aardens).doc 14. Planning Commission determination of placement of retaining walls along intended street stub -outs (Lantana Lane and Frontier Elm Drive). The retaining walls shall be curved at the stub -out extension to make the future street right-of-way apparent. Additionally, signs shall be installed on both sides of the retaining walls at each stub -out indicating these two streets are intended to connect to adjacent property in the future (coordinate with Transportation Division). PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION. 15. An assessment in the amount o€ $3;163 shall be paid for the construction of the street stub -outs to the property line prior to signing the final plat subject to Engineering Division approval. This assessment includes construction costs for subbase, base, pavement, curb/gutter, and sidewalks. PLANNING COMMISSION REVISED 08/22/05 16. Off -site drainage improvements to alleviate flooding on the Lea property to the northeast of the site include the following: a. The applicant shall install a 4' by 8' box culvert under Randal Place with two (2) 24" underground arched pipes. PLANNING COMMISSION REVISED 08/22/05 b. Staff recommends a cost -share for the incremental cost above the cost of constructing an 8' wide trapezoidal channel with a concrete bottom and grass sides to install two (2) 42" arched pipes in order to avoid having an 8' wide above -ground channel on the Lea's property, to be installed by developer. PLANNING COMMISSION REVISED 08/22/05 17. Confirm with the Fire Department the minimum pavement width and turning radius needed to service Lots 66-76. The applicant has met with the Fire Department and revised the alleys to a 20' width to accommodate emergency access. 18. All sidewalk street crossings shall be reviewed and approved by the Sidewalk Administrator at the time of construction plan review. Standard Conditions of Approval 19. 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). 20. 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. K: tReportsl2005tPC ReporisIO8-22-051R.P7.D 05-1599 (Zion Gardens).doc 2I. Planned Zoning District approval shall be valid for one calendar year, per city ordinance. 22. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. ADDITIONAL CONDITION RECOMMENDED BY PLANNING COMMISSION 08/22/05 23. If staff and the applicant agree that the proposed River Birch Drive can be removed from the plans, the plat shall be revised prior to City Council. If not, the plat stall stay as shown. If River Birch Drive is eliminated the Planning Commission recommends the following: a. Shift lots 57-65 to the south to provide additional on -street parking on the widened Alley 2 north or River Birch Drive: and b. Leave the existing connection between Alley 4 and Cantana Lane. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: August 22, 2005 Comments: The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Date K:I Reporis120051PC Repornl0N-22-051R-PZD 05-1599 (Zion Gardens).doc Findings associated with R-PZD 05-1599 Sec. 166.06. Planned Zoning Districts (PZD). (B) 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. FINDING: The proposed Planned Zoning District has been reviewed in light of all applicable development and zoning ordinances. Creating a unique subdivision with a mixture of lot sizes, housing types, and pedestrian access that are compatible with the surrounding developments, and preservation of natural features on the property has been achieved. The total density of this development is comparable to the surrounding developments, zoned RSF-4, RSF-24, and R -A; however, several lot sizes within this proposed subdivision are smaller and resemble those subdivisions within and near the downtown area. The proposal has designated all 95 buildable lots to be able to develop as single family dwellings, and 18 lots in the southeastern area near the main roadway frontages have the option of developing as single-family attached dwellings. The streets within this proposed subdivision will allow for connectivity to the currently undeveloped areas to the north and west, with direct access onto Zion Road and Randal Place to the south and west, respectively. The proposed onsite tree preservation area traversed by a meandering pedestrian path, a unique style of housing types, use units, building placement and lot pattern will benefit the health, safety, amenity and welfare of the community as a whole. (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. FINDING: Screening is not required as a part of this development. K.lReporn12OO51PC ReporfsIOR-22-05tR-PZD 05-1599 (Zion GardensJ.doe (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. (1) 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. FINDING: Internal streets are comprised of public streets and alleys. Most streets are 40 feet rights -of -way, with one 35 foot right of way (River Birch Drive) and one 50 foot right- of-way (Lantana Lane), with appropriate connectivity proposed. Lots will be accessed from the rear off of one-way public alleys with 20 feet right-of-way. This will be a unique feature among all surrounding developments and within the subdivision itself, emphasizing an older pattern of development typically seen in more traditional neighborhood developments. This feature helps create a streetscape with garages in the rear of the lot, and encourages pedestrian use along the tree -lined streets. There are no existing or planned streets to the north or west of the site. Zion Road (Collector Street) and Randal Place (Local Street) are adjacent to the south and east property lines. All proposed streets meet City design requirements. Staff finds the connectivity proposed from this property to surrounding properties adequate. Most services will access rear alleys, and have reviewed the plans accordingly. (4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. K:IReponsT005V'C ReporisI08-22-05 R-PZD 05-i599 (Zion GardensA.doc S. • FINDING: Standard parking ratios for single family units (2 spaces per unit/dwelling) is enforced. Although some of the dwellings within this development may be attached, they are utilized for a single family on a distinct lot and are required to comply with the single family dwelling parking lot requirements. Additionally, 16 parking spaces are planned for the southwestern corner of the subdivision. (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. FINDING: The development does not provide onsite public parkland and is contributing money in lieu of land for 95 single family units. However Lot 97 is a tree preservation lot and would be traversed by a meandering sidewalk linking public sidewalks on proposed Lantana Lane and Begonia Lane, thereby providing on -site open space. (6) Sidewalks. As required by § 166.03. FINDING: Four -foot sidewalks are to be constructed on both sides of all interior streets and through the tree preservation area. Construction of six-foot sidewalks is required on the project's frontage along Zion Road and Randal Place adjacent to the subject property. Construction of these sidewalks shall be required prior to approval of the final plat. (7) Street Lights. As required by § 166.03. FINDING: All street lights installed shall be pursuant to the above -referenced code section, with a maximum of 300 feet spacing on all streets. (8) Water. As required by § 166.03. FINDING: Public water is being provided to the project site, pursuant to city code. (9) Sewer. As required by § 166.03. FINDING: Public sewer is being provided to the project site, pursuant to city code. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. (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 K:IReportsl20051PC Reporis108-22-05tR-PZD 05-1599 (Zion Gardens). doe 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)All 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: K:IReporu11005IPC Reports108-11-0518-PZD 05-1599 (Zion Gardens).doc Paving Width (No On -Street Parking) Dwelling One -Way Two -Way Units 1-20 14' 22' 21+ 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. FINDING: All public streets for the proposed development are indicated to be constructed according to the adopted standards of the City. The applicant is providing one-way 16 -foot public alleys to provide access to garages in the rear of the lots. (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. FINDING: N/A (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. FINDING: Staff recommends approval of the Tree Preservation Plan, with a total of 6.49% tree canopy preserved; the site currently has 12.3% existing tree canopy and 137 trees are required to be planted on -site for mitigation. K:I Reportsl2OO5(PC ReportsIO8-22-OSIR-PZD 05-1599 (Zion Gardens).doc (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in §166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: N/A (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Staff finds no specific scenic views to be protected on the subject property. (E) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (c) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that_the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. K. 1Reporrs120051PC Reporrsto8-22-0518-PZD 05-1599 (Zion Gardens).doc (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. K:lReporlst2005tPC ReporisI08-22-05W-PZD 05-1599 (Zion Gardens).doc (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. FINDING: The applicant shall comply with the above requirements, as part of the Planned Zoning District ordinance. Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD maybe deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. K:IReporfs12005IPC ReportsIO8-22-051R-PZD 05-/599 (Zion Gardens).doc (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: The proposal best fits the flexibility and variety goals of the intent of the Planned Zoning District, while also providing a development that is compatible with surrounding residential and undeveloped area, and providing a unique pedestrian access through the tree preservation area in the southwestern portion of the site. The development will offer attached and detached single family housing types, with alley access to all lots, and restrictive subdivision covenants requiring all units to meet development standards including exterior and interior architectural requirements. These development standards will result in the creation of a unique neighborhood in this area. Designated active open space is not provided onsite, however the tree preservation area in the southwest area of the site will be able to be accessed through a meandering sidewalk and available for passive recreation. Staff finds that the proposal is consistent with many of the guiding policies of the General Plan 2020 including: Residential Areas: 9.8.a Utilize principles of traditional residential urban design to create compatible, livable, and accessible neighborhoods. Community Character: 9.19.g. Encourage new residential development to incorporate varying lot sizes, home prices and types of dwelling units. Neighborhood Commercial Areas: 9.12.d Provide commercial uses that are accessible for the convenience of individuals living in residential districts. (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. FINDING: The subject described real property is proposed to be rezoned to R-PZD 05- 1599. The development standards and plan approved shall be adopted with the rezoning. (C) R - PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: K:IReporisI20051PC Reporns108-22-051R-PZD 05-/599 (Zion Gardens).doc (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: The proposed Residential Planned Zoning District allows residential development in the form of single-family detached and multi -family attached while preserving many of the City -designated significant trees in the southwest corner of the site. This tree preservation area will help ensure that the development will be compatible with the rural residential community character in the vicinity. This preservation area is located along a substantial portion of the project's Zion Road frontage and will be remain one of the predominant views of the site as currently seen from this public viewpoint. A general rezoning would not allow the type of development the applicant is pursuing, based on the bulk and area requirements of typical zoning districts, therefore a Planned Zoning District is more appropriate for the proposed development. The proposed subdivision allows for a density and land use that is compatible with adjacent properties, yet also allows for a flexible site plan and layout. A compatible relationship with surrounding development and land uses to the south and east, and potential development to the north and west is achieved, while allowing for a unique style and type of development. Public improvements provided within the development will ensure future street connectivity and extension of public services to adjacent undeveloped properties. K:IReporis110051PC Reports108-22-0518-PZD 05-1599 (Zion Gardens).doc (2) Permitted uses. FINDING: The proposed Use Units are permitted uses within a Residential Planned Zoning District. (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. FINDING: The proposed PZD proposed is entirely residential in use. *Required Findings for Rezoning Request. RECOMMENDATION: Staff recommends approval of the rezoning request from R -O, to R-PZD 05-1599, with the adoption of the associated preliminary plat. LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as an Office Area. The area surrounding three sides of the site is designated as Residential Area, with the area immediately east also designated as Office. Rezoning this property to R-PZD 05-1599, with associated Preliminary Plat, is not consistent with the land use plan for the site, however it is compatible with future designated land uses consisting of office and residential uses. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed rezoning of the existing R -O property to the proposed R-PZD development for single family residential use with development of detached/single family and multi -family townhomes at a density of 7.5 units K:IReports120051PC Reports108-22-05tR-PZD 05-1599 (Zion Gardens).doc S. S per acre is not entirely consistent with the General Plan 2020 that identifies this area for Office use. However the proposed residential uses and density are generally compatible with R -O uses intended to provide office and compatible residential uses with an allowed density of 4-24 units/acre. The proposed rezoning would not be a substantial change in the planned character of the community. The applicant also proposes home occupation uses to be allowed on all lots. The proposed land use is unique to the area with regard to site layout and organization, meeting many of the objectives and principles of the land use plan that promotes unique forms of development. Compatibility with adjacent R -A zoning district to the north and west has been achieved by limiting the smaller multi -family lots to the southeast area of the property, adjacent to Zion Road and Randal Place. As with all new development, the project would introduce a more intense use than currently exists in this mainly undeveloped area. However, the proposed subdivision would be compatible with the density and planned use of the vicinity for Office and Residential use. Services currently being offered in the area, including office, commercial, restaurant and recreation, both support and would be supported by the proposed development. This project would help accommodate planned growth in the City of Fayetteville. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed in order to develop a subdivision in the manner proposed with the R-PZD site plan. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Public comment has been received from adjacent property owners discussing a dangerous traffic condition, a blind curve, along Randal Place adjacent to the northeastern exit on the site. In response to that concern, the plan was revised to designate the alley at the northeast portion as an exit only. This limits the potentially dangerous left turn into the subdivision around the Randal Place curve. Additionally, at the City's request a traffic study was conducted by Peters & Associates Engineers, Inc. to analyze traffic danger and congestion and street improvement issues2. The traffic study concluded that there is adequate sight distance along Zion Road but did not analyze Randal Place. The traffic study assessed potential street improvements that would be required as a result of this project. The study concluded that with improvements to Zion Road and Randal Place to Master Street Plan standards along the project frontage, traffic generated by this project would 2 Peters & Associates Engineers, Inc. 2005. Traffic Study Zion Gardens Residential Subdivision. August 15. K:1Reporn120051PC Reports108-22-0518-PZD 05-1599 (Zion Gardens).doc not appreciably increase traffic congestion. With improvements to Zion Road and Randal Place to Master Street Plan standards, the proposed zoning will not create or appreciable increase traffic danger or congestion on surrounding streets. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed development would create, on average, 209 future residents in this area, thereby altering the population density in the immediate vicinity. As this area is planned for Office use with a potential density of 4-24 residential units per acre, and the proposed zoning would result in approximately 7 units per acre, the population growth from this site is less than anticipated. Therefore, staff finds that an undesirable increase in load on public services would not be created as a direct result of this proposed development. Public services currently service subdivisions mainly to the south. The closest elementary school in the City of Fayetteville appears to be Butterfield Elementary School located at 3050 Old Missouri Road, approximately 1.5-2.0 miles south of the project site. Engineering: Water: Public water is adjacent to the site. There is a 12" waterline along Zion Road and an 8" waterline along Randal Place. This development shall make water available for future development to the north and west through stub -outs. Water service shall be extended to the property at the time of development. Minimum size of new water mains is 8". No long range improvements to the water distribution system are planned at this time for this area. Sewer: The site has access to sanitary sewer through an existing 8" sewerline along Zion Road. Streets: Currently the site has access to Zion Road (a Collector Street) and Randal Place (a Local Street). Road improvements required include: (1) Improvements to Zion Road along the project frontage to Master Street Plan standards with 34' of pavement, curb and gutter and storm drainage along the north side of the street, ending at the edge of pavement on the south side of the street, 6' sidewalk at the right-of- way along the project frontage. Alignment to be approved by City Engineering Staff. (2) Improvements to Randal Road along the project frontage to Master Street Plan standards with 14' from centerline, curb and gutter, 6' sidewalk at the right-of-way, and storm drainage. Drainage: Drainage from the site mostly flows overland to the east to a K: IReporal2005IPC Repor(s108-22-05IR-PZD 05-1599 (Zion CardensJ.doe I ditch line, then northward to Lake Fayetteville. Public comment from a property owner immediately east of the site discussed existing problems with storm water runoff that are not related to this development specifically. However, future development on this site would likely exacerbate the problem. The applicant has agreed to help improve the existing storm water runoff problem in coordination with City Engineering staff by replacing the existing culvert at 2770 East Randal Place with an improved drainage system. The City Council will review a cost -share agreement to pay a portion of the cost for these drainage improvements. This will help alleviate a localized drainage problem in this area that would have been aggravated by the proposed development. Police: It is the opinion of the Fayetteville Police Department that this rezoning would cause additional traffic congestion, based on existing traffic environment and anticipated growth, without improvements to Zion Road. Accordingly, staff is recommending the developer be responsible for constructing a Collector Street at its full width along the property frontage. Fire: The subject property is located approximately 2.4 miles from the Fire Station No. 4. Response time to the property is 7 minutes with a projected response time at full build -out to be approximately 7.5 minutes with 22 annual calls for service. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K:lReporrsl200SIPC Reponsl08-22-051R-PZD 05-1599 (Zion Gardens).doc LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R-PZD 04-1307 with multi-family/townhouse dwelling units is consistent with the land use plan and compatible with surrounding land uses and density in the area. 161.25 Planned Zoning District (A)Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. K. IReports120051PC Reportsl08-22-05IR-PZD 05-1599 (Zion Gardens).doc (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal, of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (B)Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel E shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. (C)R — PZD, Residential Planned Zoning District. (I) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. K:1Reporzs120051PC Reports108-22-05lR-PZD 05-1599 (Zion Garden).doe (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. (2) Permitted uses. Unit I City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 15 Neighborhood shopping Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings (3) Condition. In no instance shall the residential use area be less than fifty- one percent (51%) of the gross floor area within the development. C WttMie ARKANSAS THE CITY OF FAYETTEVILLE. ARKANSAS PC Meeting of August 22, 2005 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Jeremy Pate, Director of Current Planning Date: August 17, 2005 ITEM #: R-PZD 05-1599 (Zion Gardens) BACKGROUND: Requirements Submitted: ✓ Initial Review with the Landscape Administrator ✓ Site Analysis Map Submitted ✓ Site Analysis Written Report Submitted ✓ Complete Tree Preservation Plan Submitted Canopy Measurements: IlFSitflra acres 13.9 feet 605,290 ___square stin T ano acres 1.71 square feet 74,402 percent of site area 12.3% xis i rec ®ano P eserved acres 0.9 square feet 39,258 percent of total site area 6.5% ercent 'inim, m G,ano . uir 12.3% FINDINGS: 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 The desirability ofpreserving a tree or group of trees by reason of age, location, size or species. • Trees on this property are grouped in two major areas, along the southwest and along the north property line. There are several significant trees amongst these, in good to excellent condition. The original plan called for the removal of all but seven trees — staff was not supportive of this plan. The applicant worked with the Landscape Administrator to revise street layout, actually removing a street and lots in order for the trees that are along Zion Road and thus most visible and enjoyed by the public to remain intact. Additionally, several lots that face onto these trees will not utilize a standard foundation type; rather, a pier/beam style of foundation will be utilized to protect the tree roots in this area. This has risen the canopy level from the initial 0.5% to 6.49%. Whether the design incorporates the required Tree Preservation Priorities. • The design does incorporate the minimum requirements for tree preservation priorities. Several lots were relocated, a street removed and a different type of foundation is to be utilized in certain areas in order to save a majority of the canopy on -site. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Minimal environmental degradation will occur here due to the removal of trees surrounding this property, due to the nature of their existence. The majority of tree removal is along the north property line due to the construction of the proposed alley. 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. • Reduction in the tree canopy along the existing property lines around the property will not have a detrimental impact upon adjacent properties. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • Alternative construction methods have been proposed; a pier and beam foundation will be utilized for the lots 66-76, in order to not grade these lots for a typical foundation. Whether the size or shape of the lot reduces the flexibility of the design. • The size and shape of this site does not hinder design flexibility to a great degree. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • Most trees are in fair to good condition. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • The trees shown for removal are primarily located within proposed utility easements, or within right-of-way. Those not removed during initial construction have the best chance of survival by the proposed lot layout and also have a good chance for survival afterwards, with construction of the homes. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • The majority of existing trees are to be removed for the installation of a rear alley. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • No significant obstructions exist to the routing of roads and utilities. Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. • An on -site mitigation plan has been requested and will be required before this project proceeds forward in the review process. The effect other chapters of the UDO, and departmental regulations have on the development design. • N/A. The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: • N/A The impact a substantial modification or rejection of the application would have on the Applicant • Staff recommends this plan be approved by the Planning Commission, with revisions. Recommendation: Staff recommends approval the Tree Preservation Plan associated with R-PZD 05-1599, with conditions as listed below: Based on current calculations, the developer shall be responsible for on -site mitigation to meet the Tree Preservation ordinance, in the amount of (137) 2 -inch caliper large species trees. A final planting plan, maintenance and monitoring plan, and associated three-year bonds to mitigate for the removal of excess tree canopy is required prior to Final Plat. A copy of the regulations regarding on -site mitigation planting plans is included for your information. 2. Covenants and notes on the final plat that ensure the continued health and vitality of the mitigation trees shall be reviewed by the Urban Forester prior to Final Plat recordation. 3. The construction of homes on lots 66-76 shall require the pier/beam foundation system as submitted with the PZD proposal, in order to count these trees as preserved. Appropriate trimming of tree limbs shall be coordinated with the Urban Forester. LANDSCAPE PLAN Street tree plantings shall be planted generally as shown along the frontage of Zion Road and Randal Road, either in the right-of-way or within the open space along the street. Maximum spacing is to be 30 feet apart. The following information is provided for the applicant's use in preparing an on -site mitigation plan: Request for on -site mitigation 1) Planting details and notes. Planting details and notes shall be included on the tree preservation plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. 2) Preferred species. All trees to be planted shall be species native to the region, when available, and selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the landscape administrator. 3) Placement of trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. Residential On -Site Mitigation. Applicants requesting On -Site Mitigation for Residential Subdivisions shall comply with all the provisions of § 167.04 1. 1-7, as well as the following: (a) The Applicant's Mitigation Plan shall meet or exceed the required number of Mitigation Trees based on the Forestation Requirements as set forth at § 167.04 I. 4. (b) All Plans requesting Residential On -Site Mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the Applicant responsible for the health of all planted trees. (i) Approval of a Plan requesting Residential On -Site Mitigation shall be contingent upon the Applicant depositing with the City an irrevocable Letter of Credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable Letter of Credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Landscape Administrator for approval. (ii) Upon completion of the three year landscape establishment period, the Landscape Administrator shall inspect the site and determine whether ninety percent (90%) of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the Letter of Credit. (iii) In the absence of such a finding, the Applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Landscape Administrator. If the Applicant does not take remedial steps to bring the property into compliance, the City shall use the necessary moneys from the Landscape Establishment Guarantee to do so. (iv)ln the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning 0 strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (B)The Applicant shall establish a bona fide Property Owners Association with a Bill of Assurance and Protective Covenants sufficient to ensure the continued health and vitality of the mitigation trees within the subdivision. The Bill of Assurance and Protective Covenants shall be filed of record with the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and file -marked copies thereof shall be provided to the Landscape Administrator prior to Final Plat approval. (C) Developers requesting mitigation trees be planted along the street right of way of a Subdivision shall submit a street tree planting plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the Approved Street Tree Species List, or be otherwise specifically approved by the Landscape Administrator. (i) The Applicant's Mitigation Plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of Mitigation Trees are planted. (ii) The applicant shall submit an annual schedule of the initial structural pruning for all Mitigation Trees planted along street right of ways with the name and contact information of the International Society of Arboriculture (ISA) Certified Arborist or pruning service performing the work FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain Si. Fayetteville, AR 72701 Telephone: 479-444-3469 TO: Andrew Gamer, Associate Planner FROM: Alison Jumper, Park Planner DATE: July 13, 2005 SUBJECT: Parks & Recreation Subdivision Committee Comments ****************************************************************************** Meeting Date: July 14, 2005 Item: PZD 05-1599 Zion Gardens, 137 Park District: NE Zoned: PZD Billing Name & Address: Morriss & Ann Henry Land Dedication Requirement Money in Lieu Single Family @ .024 acre per unit = ` acres 95 @ $555 per unit = $52,725 Multi Family @ .017 acre per unit = acres @ $393 per unit = $ Mobile Home @ .024 acre per unit = acres @ $555 per unit = $ Lot Split @ $555 per unit = $ COMMENTS: ■ The Parks and Recreation Advisory Board recommended accepting money in lieu of land for 95 Single Family Units on June 6, 2005. • Lake Fayetteville is located within a one-half mile service area and will serve the recreational needs of this development. • Fees are due prior to signing of the final plat. PZD05--I ..�3 l9, y .n, . n"`u 1 ; • t' � •' r{ : ♦ -. Q' ` It t. ito •1 x � 't x • i 1 `' Y, 711 d x c may.. i ?^ > a x.,*� ¢• VS ' t.. F xv 11f. (' .� 3. 2 f `� ..f' 2 1Q� s av N ut 3 111!!1 Iii .•` •,j • lr Z • YVVj11 i Y5�r, T !} `".ab v — telex l� 1,: • .1' 5 '+T" t+. .+ ,i NI - Yl yt ! • r - & • Zand O` I ' il _ r. ;w: t, ;: jyam •. anti i 1D,'saaN Y $a°off U p , a• a L.4 . ® 0 © N •; W -a.M `VA 0 1tiI r$ : 5'Yi '. c ,}T ._1 ��-S�/..:0�N IaQIH 4\ lye,. i '.1 .,•( }.,. I a= * . x s t.zi Pe f }" #� x tint^ $:4 j]]bh !\tY ` _ '44F + M1] C• • by .y b'. _ 3 .•. F J F .. , �- • n wm, S! � r. '' � '�+ ' I p ^ � , J� I 44 �]� LM1n.�11 •' ` ""22••4""„ � ,a � 5MVd T� I . •Y a .x *G ,i .F 1 •r �]2 ` x� W 'n'`'w? ';'n• x 1 2¢ —O •.s`rr.. ,,.. < V a#Fam .i A$ v a J cL �-�.• S� nT eL' ) 1+y r �n fr/[. - •,1 ,[ • a �� Y r' < f at. !`1QNi .rai°�' _ �1 r , YIY. r . <.t 4 . l I; I+ x , i:<.::.' Y` v n LJ FAYETTEVILLE THE CRY OF FAYETTEVILE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM RECEIVED JUL 22 2005 PLANNING DIV. TO: Jeremy Pate, Director of Current Planning FROM: Rob Turberville, Lieutenant — ADM4b DATE: July 21, 2005 SUBJECT: PZDOO-1599 (Zion Gardens, 137) My previous correspondence regarding the Zion Gardens PZD stated that in our opinion this proposal "would create an appreciable increase in traffic danger and traffic congestion." Our opinion was based on the current traffic environment and how an increase would cause additional traffic congestion. This assessment about traffic congestion should not be translated to an increase in traffic danger. The Street Department would have more specific information regarding questions about traffic impact for the Zion Road PZD and future proposals. FAYE1�i EVILLE THE CITY OF FAYETTEVILLE, ARKANSAS July 18, 2005 Jeremy Pate Director of Current Planning City of Fayetteville 125 W. Mountain St. Fayetteville, AR 72702 Dear Mr Pate: RECEIVED JUL 1 8 2005 PLANNING DIV. POLICE DEPARTMENT 95 ur'M, li-s5 u :&.4a49 1.ot avluw . This document is in response to the request for a determination of whether the proposed PZD 00-1599 (Zion Gardens, 137) submitted by H2 Engineering, INC for property located northwest of the intersection of Randall Place and Zion Road would substantially alter the population density and thereby undesirably increase the load on police services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department this zoning proposal would create an appreciable increase in traffic danger and traffic congestion. The traffic way on Zion Road is very narrow and does not allow much room on the shoulder. In addition to the narrowness of this road, there is a blind curve and a small hill located west of proposed zoning. The speed limit is set at 25 miles per hour in this area, similar to that of a school zone. This speed limit reflects the traffic dangers in this area without the increased traffic flow created by this zoning request. Zion Road is a heavily traveled roadway due to access from Highway 265 to North College Avenue. There are numerous commercial businesses, three high -density residential apartment complexes, some residential dwellings and a city park on this stretch of road. We feel it would not be wise to add more traffic to this roadway until there is a more adequate road system to accommodate the additional traffic flow created by this zoning request. The likelihood exists that an increased traffic flow and traffic congestion in this area could increase traffic danger and also affect response times for emergency vehicles. Sin Lieutenant Rob Turberville FAYETTEVILLE POLICE DEPARTMENT P.O. BOX 1988 FAYETTEVILLE; ARKANSAS 72702-1988 (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 JAIL: 140=A WEST ROCK STREET 72701 PHONE: 479-587-3555 FAX: 479.587.3522 ENGINEERING, INC. August 15, 2005 City of Fayetteville Mr. Andrew Gamer Planning 114 West Mountain Fayetteville, AR 72701 RE: ZION GARDENS PZD - SUBDIVISION COMMITTEE REVISIONS Mr. Gamer: Please find enclosed the preliminary plat, water and sewer plan, tree preservation and grading plans for your review. Revisions have been made in response to comments received during the subdivision committee review. We have also included a construction estimate for future stub -outs to adjacent property as well as an exhibit showing the helical piers that are specified to be used on lots 66-76. A traffic study of the area is being completed by Peters and Associates and should be submitted to your department tomorrow. We have analyzed the drainage situation on the Lea property to the northeast of the site. Currently, the Lea property experiences some flooding and Randall Road is sometimes covered with water in large rains. Mr. Lea is concerned that Zion Gardens may add to the problem. After analyzing the situation based on a 25 year storm, we believe that a 4' x 8' box culvert under Randall Road would adequately carry the flows and would prevent Randall Road from being over -topped during large rain events. With the increased capacity under the road, there would need to be an 8' wide trapezoidal channel with a concrete bottom and grass sides running across the Lea property. When this solution was presented to Mr. Lea and the City of Fayetteville, Mr. Lea expressed that he did not want an 8' wide channel running across his property. It was then calculated that 2 — 42" arched pipes would be sufficient to replace the channel and it has been agreed that they will be installed instead of the channel. Zion Gardens will pay for the construction of the box culvert and the cost of constricting an 8' wide trapezoidal channel with a concrete bottom and grass sides and the City of Fayetteville will pay the incremental cost above the channel to install the 2 — 42" arched pipes. If you have any questions or comments, please feel free to call me at 582-4234. Jerey Thompson, E.I. H2 ngineerinu, Inc. II - 1 5 LLU5 A\VJ cK ENGINEERING, INC. July 20, 2005 City of Fayetteville Mr. Andrew Gamer Planning 114 West Mountain Fayetteville, AR 72701 RE: ZION GARDENS PZD RESUBMITTAL Mr. Garner: Please find enclosed the preliminary plat, water and sewer plan, tree preservation and grading plans for your review. Revisions have been made in response to comments received during the technical plat review and initial subdivision committee review. As requested by staff, we have evaluated the existing street and drainage conditions between this project and Old Missouri Rd. The current drainage situation is acceptable. All of the drainage in the area between our project and Old Missouri Rd. is being captured and released by a pond to the southwest of our project and has been integrated into the drainage improvements constructed by the city for the intersection with Old Missouri Rd. Zion Rd. averages 22 feet wide from our property to the intersection. In our opinion, the current conditions provide adequate access for emergency vehicles and neither improvements to drainage structures nor the street width would increase the serviceability of the street. If you have any questions or comments, please feel free to call me at 582-4234. IH24o ENGINEERING, INC. June 15, 2005 City of Fayetteville Attn: Planning Staff 113 West Mountain Fayetteville, AR 72701 RE: ZION GARDENS - PZD APPLICATION Dear Staff: This correspondence is intended to address the requested items in the PZD application as they pertain to the above referenced project. Zion Gardens is a proposed 13.90 acre Residential Planned Zoning District consisting of 95 residential townhouses both attached and detached. Lot widths for the detached units range from 30 feet to 35 feet. Lot widths for the attached units are 22 feet. The property is currently owned by Morris and Ann Henry and is under contract with Zion Place, LLC. There is a variety of zonings which surround this property. Directly to the east is zoned RMF-24, to the north and west is R -A, to the south is RSF-4, R -A, and RMF-24. This project, as proposed, has a density of 6.8 units per acre. With the proximity of this project to one existing RMF-24 development to the south and RMF-24 zoned property to the east, it will be a good transition development between the R -A and RSF-4 property to the south and west. Traffic generated by this development, using 7 vehicle trips per day per house hold is 665. The RMF-24 development to the south generates approximately 780 vehicle trips per day using 5 trips per house hold. The RSF-4 development to the south generates 63 vehicle trips per day. The overall aesthetic nature of this development will be of higher standards than other developments in the general vicinity. The proposed units are designed so that they front to the City streets with an alley behind for garage access. The street configuration provides an opportunity for vehicular traffic to access the development from either Zion Road or Randall Road. The project is designed to enhance the "neighborhood" feel by fronting the units to the streets, providing adequate pedestrian sidewalks, and providing garden areas to be maintained by the property owner's association. Water and sewer utilities are located directly adjacent to the site. A 12 -inch water main is existing along the north side of Zion Road and along the west side of Randall Road. A 10 -inch gravity sewer main is existing along the south side of Zion Road. 2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax: 479.582.9254 The nature of this development is congruent with the PZD ordinance in that the design of this project, with regard to the lot configuration and incorporation of alleys and garden areas, is more appropriately reviewed in terms of promoting neighborhood enhanced design features instead of standard zoning regulations, Thank you for your consideration and comments with regard to this project. Respectfully, Thomas A. Hennelly, P.E. President i BILL OF ASSURANCE AND RESTRICTIVE COVENANTS FOR ZION GARDENS Zion Place, LLC, being the fee owner of the described real property, hereafter to be known as Zion Gardens, said and being located in Washington County, Arkansas, do hereby impose the following Restrictive Covenants and limitations on uses to which to below described lands may be put. All lots and common areas in Zion Gardens Subdivision, a subdivision in Fayetteville, Washington County, Arkansas, as per Plat of said subdivision on record in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. We further hereby specify that such Restrictive Covenants shall run with the land, as provided by law, and said covenants shall be binding on all parties and persons under them and shall be for the benefit of and impose limitations on all future owners of such land. These covenants are intended for the purpose of keeping the development of the land uniform and suitable for the uses specified hereafter: No building or structure of any kind whatsoever, except as hereafter provided, other than a single dwelling house shall be erected on the property. Any such dwelling house shall be used for residential purposes only. No dwelling shall be permitted on any portion of said tract unless the total heated floor area of the main structure, exclusive of open porches and garages shall be at least 1,500 square feet. No building or other structure shall be erected, placed or altered on any lot or tract in this subdivision until the building plans and specification therefore, exterior color scheme and materials thereof and plot plan, which plot plan shows the location and facing of such building, have been approved in writing by a majority of an Architectural Committee composed of Tim W. Cooper, Mike D. Lamberth, Clayton C. Carlton, Thomas B. Buffington, and one of their duly authorized representatives, representative, or successors. Each dwelling located on any portion of said tract shall have a concrete, double bituminous seal coat or other paved surface of equal quality connecting any garage, carport, or parking area of the dwelling located thereon to the street. No landscaping shall be installed or materially altered without prior approval of the Architectural Committee. No dwelling, building, mobile home or other structure of any nature whatsoever shall be moved onto any portion of the above -described tract. No outbuilding shall be constructed on any plots within said tract which shall exceed 450 square feet in area, and such outbuildings so permitted shall be constructed so as to not detract form the general appearance of the neighborhood. Any such permitted outbuilding shall be constructed of substantial materials and with workmanship so as to make said structure attractive to the general neighborhood. 8 No structure of temporary character, trailer, basement, tent, shack, barn, mobile home, or outbuilding shall be used on any tract at anytime for a residence, either temporarily or permanently. 9 No obnoxious or offensive activities shall be carried on upon any said plot within said tract, nor shall anything be done on any of such plots which may be or may become a nuisance to the neighborhood; whether a nuisance exists shall be determined by affirmative vote of two-thirds (2/3) of the owners of the property of Zion Gardens. 10 No owner of any plot within said tract shall allow garbage or other debris to accumulate on the property, but shall dispose of same at regular intervals so as to eliminate nuisances in the neighborhood. Garbage containers, trash cans, woodpiles and clothes drying areas must be located so that they will not be visible from the front street. No unsightly vegetation shall be permitted to grow on or remain upon the premises, and no refuse pile or unsightly objects shall be allowed to be placed or allowed to remain anywhere on the lots in or on the streets of the subdivision. 11 No inoperative junk motor vehicles or similar vehicles shall be permitted to remain on any portion of the above -described tract for a period in excess of five (5) days. 12 No fence of any kind shall be erected without prior approval of the Architectural Committee. 13 No signs shall be placed in said subdivision other than real estate signs advertising property for sale, these signs shall not exceed 4 square feet in area and no more than one such sign shall be placed in the subdivision for any one property which is being advertised for sale. The developers of the subdivision shall be permitted to erect such signs as they desire advertising the lots for sale until such time as all of the lots have initially been sold. 14 Nothing in these restrictions shall prevent any lots from being used as common areas for the benefit of at least a majority of the lot owners of said subdivision. 15 All homes must be of traditional design. Absolutely no TI -11 siding will be permitted. 16 No television antennas shall be placed on any lot in said subdivision, and satellite dishes shall be placed only where same are not visible from any street and so that same do not detract from the adjoining lots or from the subdivision. 17 All homes must include the following: a. 75% of ceiling height must exceed 8 feet; b. 35% of heated floor space must have crown molding; c. 35% of window openings must be wood cares; d. 35% of floor coverings must be tile or wood; e. Cabinets must be raised panel; f. Base board trim must be at least 6 inches; g. Exterior paint must include at least two colors. 18 Each lot owner shall provide adequate off-street parking for vehicles normally used by the occupants of the dwelling on any lot in said subdivision. 19 All lots, buildings, landscaping, fences, driveways and all other improvements in said .subdivision shall be kept in good repair, maintained and painted as necessary in order to present a neat and orderly appearance and in such condition as to not be a nuisance or substantially detract from the rest of the neighborhood. Landscaping must be reasonably maintained in a fashion similar to the surrounding properties. Should the Architectural Committee deem it necessary, it has the authority to maintain each parcels landscaping and to assess the cost of the same to the property. No vacant lot shall be used to temporarily store or permanently dump or store any types of material or waste, and the owner of the vacant lot shall keep it in such condition as not to detract from the subdivision. 20 Any material changes of the buildings and their respective grounds, including paint color, must receive Architectural Committee approval. 21 No animal shall be kept in said subdivision other than dogs, cats, and other similar sized household pets, which shall not be kept for commercial purposes, and no lot owner shall keep more than four such households; which are allowed to be outside the dwelling at any time. All such household pets shall be kept in a confined area or on a leash and in accordance with all applicable governmental laws and regulations. 22 These covenants and restrictions shall not be amended, canceled, or supplemented unless a written instrument, signed by at least seventy-five percent (75%) of the owners of the above described affected tract is placed on record agreeing to change the covenants and restrictions in whole or in part. 23 These restrictions shall operate as covenants running with the land for the benefit of any and all persons who now may own, or who may hereafter own, any part of the above described tract, and such persons are specifically given the, right to enforce these restrictions through any proceedings, at law or in equity, against any person or persons violating or threatening to violate such restrictions, and to recover any damages suffered by them from any violation thereof, including a reasonable attorney's fee and punitive damages in the amount of fifty dollars ($50.00) per day for each violation of these covenants continues. 24 Each and all the covenants, conditions, restrictions, and agreements contained herein shall be deemed and construed to be continuing, and no waiver of a breach of any of the covenants, conditions, restrictions, and agreements herein contained shall be construed to be a waiver of any other breach of the same, or other covenants, conditions, restrictions, and agreements; nor shall failure to enforce any one of such restriction, either by forfeiture or otherwise, be construed as a waiver of any other restriction or condition. 25 It is expressly agreed that if any covenant or condition or restriction herein above contained, or any portion thereof, is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction. • 26 The below signed grantors reserves the right to change or cancel any or all of these restrictions, if in their judgment the development or lack of development of adjacent property makes that course necessary or advisable. 27 The foregoing restrictions, covenants and conditions shall be binding on the property for a period of twenty (20) years from the recording of these covenants, and may be extended thereafter, in whole or in part, by a majority vote of the then owners of the property within the described boundaries having an assessed valuation of at least fifty percent (50%) of the total assessed valuation of all property contained in Zion Gardens. Such owners may effect such an extension 'by executing an appropriate agreement of certificate to said effect and filing same for record in the office of the Circuit Clerk of the county of Washington, State of Arkansas, at least one month prior to the expiration of the restrictions, covenants and conditions sought to be renewed. Filing of such instrument shall be effective to renew any and all conditions, restrictions, and covenants contained herein, or portions thereof, which may be so specified in such instrument and remove any others of the conditions, covenants and restrictions not so specified. 28 No oil, oil development, operating oil refuting, quarrying or mining operations of any kind shall be permitted upon or in any building site, nor shall oil wells, tanks, tunnel, mineral excavations or shafts be permitted upon or permitted in any building site. No derrick or other structure designed for use in boring of oil or natural gas shall be erected, maintained, or permitted upon any building site. 29 No Leaching cesspool shall ever be constructed for use on any lot. 30 Easements for the installation, maintenance, repair, and replacement of utility services, sewer and drainage have heretofore been donated and dedicated, said easements being of various widths, reference being hereby filed herewith for a more specific description of width and location thereof. In the event any trees or shrubbery, incinerators, structures, buildings, fences, pavement of similar improvements shall be grown, built, or maintained within the area of such easements, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located within the area of such easement. 31 • No automobile, truck, bus, van, recreational vehicle, trailer, boat, tent or temporary structure of any nature whatsoever, shall be parked or otherwise maintained on any lot unless the Architectural Committee has approved said parking, location or maintenance together with any restrictions the Architectural Committee deems appropriate, provided that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles, boats, and boat trailers or trucks one half ton or smaller in size on any portion of the garage driveway. Recreation vehicles and other recreational, camping, and boating equipment shall be screened from view of adjoining lots and streets in such a manner as to not detract from the neighborhood, and no said recreational vehicles and no other structures except residential buildings shall be used for residential purposes. 32 The restrictions herein set forth shall run with the land and shall bind the present owner, its successors and assigns and all parties clarning by, through, or under it shall be taken to hold, agree and covenant with the owners of the lots hereby restricted, and with its successors and assigns, and with each of them to conform to and observe said restrictions, as to the use of said lots and the construction of improvements thereof, but no restrictions set forth shall be personally binding upon any corporation, person or persons, except in respect to breaches committed during its, his or their seizing of title to said land, and Zion Place, LLC, an Arkansas Limited Liability Corporation, its successors •and assigns, and also the owner or owners of any of the lots hereby restricted shall have the right to sue for and obtain an injunction, prohibitive or • mandatory, to prevent the breach of or to enforce the observance of the restrictions above set forth, in addition to ordinary legal action for damages • and failure of Zion Place, LLC, an Arkansas Limited Liability Corporation, may, by appropriate agreement made expressly for that purpose, assign or convey to any person or corporation all of the rights, reservations and privileges herein reserved by it, and upon such assignment or conveyance being made, its assigns or grantees may, at their option, exercise, transfer or assign these rights, or any one or more of them at any time or times in the same way or manner as though directly reserved by them or it in this instrument. 33 In the plat of Zion Gardens Subdivision, the allotter has designated certain areas of land as Common Private Areas and Utility Easements intended as recreation areas and for related activities for the property owners, in said Subdivision and as set forth in Zion Gardens Homeowners Association Declaration, dated , 200_, which said Homeowners Association Declaration is hereby incorporated into and made part of this Bill of Assurance. 34 There shall be formed a Property Owners Association, organized by the owners of the lots in the subdivision. All property owners shall adhere to by - Laws of the organization. Assessments as set by said Property Owners Association shall be responsible for maintaining the common grounds, including but not limited to Undedicated alleys, curbs and gutters, drainage ditches, retention ponds, landscape sprinkler systems, any landscaping, any signs, any street lights, any lighting fixtures, any walls, the utility bills, and any other cost and expense of maintaining the common grounds. No by-law rule or regulation of such an association shall be effective until same has been reduced to writing and recorded in the Deed Records of Washington County, Arkansas. Notwithstanding that the undedicated alleys, curbs and gutters, street lights, drainage ditches and retention ponds in the Zion Gardens Subdivision are to remain private and not dedicated to the City of Fayetteville, the City of Fayetteville is expressly granted the right to insure that the above mentioned improvements are maintained by the City of Fayetteville in the City of Fayetteville, Arkansas. In the event it is determined that said improvements are not so maintained to meet the standard mentioned above, then the City of Fayetteville shall have the right (but shall not be required) to render such maintenance to the above improvements to meet the above standard and to charge all such maintenance cost incurred to the assessed valuation for ad valorem tax purposes. Should any lot owner not pay any charge or cost assessed on the owner's lot by the City of Fayetteville for maintenance as mentioned above, then a lien in favor of the City of Fayetteville may be imposed on said lot. These covenants as they relate to. the rights to the City of Fayetteville may be imposed on said lot. These covenants as the relate to the City of Fayetteville, shall not be changed, amended or terminated in any manner without the prior written approval of the City Planning Department of the City of Fayetteville, Arkansas. 33 If *the provisions set forth herein conflict with any rules, regulations, by-laws, covenants or other provisions of the Property Owners Association mentioned above, then the provisions set forth herein shall control. FURTHER, WITNESSETH: The above named owner does general public, said lands having been Surveyor, and being depicted in the incorporated. herein as though set out given for the establishment of road purposes. ledicate certain lands for the use and benefit of the surveyed by William C. Jenkins, Registered Land recorded plat, a copy of which is attached and word for word, said dedications to public being right-of-way and utility and drainage easement The owners of the surrounding tracts shall take title subject to the right of the public to the dedicated public streets and utility and drainage easements and the recording of these Restrictive Covenants and plat in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County shall constitute a valid and complete delivery and dedication of said streets and easements depicted on said plat. IN WITNESS TFIEREOF, the undersigned, being of all the owners of the within described property, have executed these Restrictive Covenants in Fayetteville, Arkansas, on this the _ day of ,200__ Zion Place, LLC By Mike D. Lamberth, for Zion Place, LLC, Member, Registered Agent Proposed access to the subdivision, as shown on the pre- liminary subdivision plat, is proposed from one new street intersecting Zion Road (Lantana Lane) and one new street intersecting Randall Place (Frontier Elm Drive). The subdivision plat for the residential subdivision will cover approximately 15 acres consisting of approximately 95 townhouse dwelling units. The preliminary subdivision plat shows the proposed lots and the approximate loca- tion of the proposed internal street network. • Zion Road is a two-lane asphalt roadway consisting of two 11 -foot lanes constructed with shoulders and drain- age ditches along the site frontage. The speed limit is 25 miles per hour in the immediate vicinity of the site. PETERS & ASSOCIATES GICINrER!. INC. Randall Place is an approximate 19 -foot wide two-lane asphalt roadway constructed with drainage ditches. The speed limit is not posted. The lane geometry of the Zion Road and Old Missouri Road intersection is described as follows: o East Leg (Zion Road) consists of a westbound thru lane, a westbound left -turn lane and an eastbound receiving lane. o West Leg (Zion Road) consists of an eastbound thru / right -turn lane and a westbound receiving lane. o South Leg (Old Missouri Road) consists of a northbound right -turn lane, a northbound left -turn lane and a southbound receiving lane. The lane geometry of the Zion Road and Highway 265 (Crossover Road) intersection is described as follows: o West Leg (Zion Road) consists of an eastbound thru / left -turn / right -turn lane and a westbound receiving lane. o North Leg (Highway 265) consists of a southbound thru / right -turn lane and a northbound receiving lane. o South Leg (Highway 265) consists of a northbound Page 3 .a j41IT P. It'• t 4 .x' r.-� ,.:dry'°::•': p k >LN'�`v+�$�-+�{�ah • � �•l'ircal Sl 1 4 i S�i31y�yy/��} '� �� .. �!1; ^L.AFh? a�^�Fry � i , aW ar(I�. iu �`� z �M� T ••G:r_��x 1. l e': 0 • Findings of this study are summarized as follows: • Traffic volumes projected to be generated by the resi- dential land use of the site are approximately 557 ve- hicle trips (combined in and out) per average week- day. • The AM peak hour (7:15 — 8:15 AM) and the PM peak hour (4:30 - 5:30 PM) have been determined to be the worst -case traffic conditions in the vicinity. It is estimated that approximately 42 additional vehicle trips will seek ingress and egress at the site during the AM peak hour and approximately 49 additional vehicle trips will seek ingress and egress at the site during the PM peak hour at full development of the site. • There are no planned transportation improvements by the City of Fayetteville, independent of this develop- ment, in the immediate vicinity of the site. • Existing conditions at the intersections studied were analyzed and compared to projected traffic conditions at these same intersections, as well as the main point of access to the site (Lantana Lane) proposed to serve the site. Results of the analysis have indicated for both existing and projected traffic conditions all of the vehicle movements currently operate at or are projected to operate at what calculates as an accept- able LOS "D" or better for the AM and PM peak hours. • The sight distance on Zion Road at the location of the proposedLantana Lane was measured to the east and to the west. It was found that there is approxi- mately 250 feet of sight distance to the east and over 500 feet of sight distance to the west which is accept- able intersection corner sight distance for the 25 mile per hour posted speed limit on Zion Road at the site. PETERS & ASSOCIATES ENCINECRS, INC. Page l4 �Tilraffic Study sJ Recommendations of this study are summarized as fol- lows: • It is recommended that proposed new street construc- tion comply with ordinary City of Fayetteville design standards. PETERS & ASSOCIATES Page 15 To: Fayetteville Planning Commission Fayetteville Planning Commission Subdivision Committee From: John S. Lea Greg W. Lee Subject: Zion Gardens Subdivision Date: July 14, 2005 This letter is intended to be our official notification of opposition to the proposed Zion Valley development based on two serious and existing conditions. Our first issue is the -existing problem with storm water runoff from adjacent properties and the further contribution a development of this size and design will undoubtedly make to an already unmanageable situation. This storm water issue has been getting progressively worse as the development around the Zion Road / 265 area has accelerated. The continual erosion on our property has become an ever increasing problem and has reached the point that the washed out areas have become virtually impossible to maintain in the manner in which maintain the rest of our property. The increasing amount of water during peak runoff periods is also inching ever close to the Lea residence, putting this house at increased risk of significant damage. The significance of this problem can be further substantiated by the Roads and Streets Division of The City of Fayetteville who has twice in the last three years had to rebuild the culvert around the drainage pipe in front of our property where the water rushed over the road at such at rate it totally washed out all surrounding structure. Additionally, I have had Mr. Ron Petrie from the City Engineer's department come out and observe the current erosion and he too has acknowledged the need for an immediate remedy to the situation. Mr. Petrie has indicated to us one several occasions he is working on a solution to the issue and it needs to be tied to this and other future development. We cannot support any new development in this area until this problem is corrected. I Our Second Issue is the proposed subdivision entrance and exit on Randal place. The proposed entrance or entrances, depending on which plan you have reviewed, are situated directly adjacent to a very sharp curve on Randal Place. This curve has been the site of several wrecks and uncounted close calls because drivers constantly underestimate how sharply the road turns in this particular spot. This problem too has gotten much worse as the development in the area has increased and more drivers are using this route to avoid the light at Zion and Hwy. 265. The large brick mailbox in front of the Lea residence on Randal P1., while not having been an issue for the previous 12 years, has been totally destroyed twice in the last two years by out of control vehicles. It is our belief that adding any entrances and exits on this road, even with some improvements or the addition of a turning lane, "I I only make a very dangerous situation worse. We proposed to the developers that the two required entrances be located at each end of the developments frontage on Zion Rd. since it has much greater visibility and is much better equipped to handle the traffic'. They however indicated they were not willing to acquire the small sliver of land it would require for that design and that other options take away valuable home sites. A situation we again find unacceptable We feel strongly, as does the other adjacent land owner] we can not support this development unless the entrance relocated from Randal P1. to Zion Road. Thank you for you consideration John S. Lea 2770 E. Randal Pl. Fayetteville,, AR. 72703 479-587-0639 Greg W. Lee 4553 Crossover Springdale, AR. 479-442-9918 Barbara Tyson, I exits were ivaapafuwt. ava4Nh • • rage t or ► 2770 E Randal PI Fayetteville AR 72703-4903 US Notes: LEG •T •Sv.rl . RUt1 oEP . E Ziwl Rd 1. ... ../ A �l NENRy I PooiposeP r; C $ . j _ E Vakr6 R Vq Qr C 2005 Mc iQuest.com. Inc. 02006 NAVIEQ NNA Tb J All rights reserved. Use Subject to License/Copyright This map is informational only. No representation is made or warranty given as to its (content. User assumes all risk of use. MapQuest and Its suppliers assume no responsibility for any loss or delay resulting from such use. http://www.mapquest.com/maps/print.adp?mapdata=G6Vn1dgh11 VWfvakXC9gL1 WQem... 7/13/2005 ADJOINING PROPERTY OWNERS OF UPCOMING PUBLIC Today's Date: July 7, 2005 APPLICANT / REPRESENTATIVE CONTACT INFO: Inc. Subdivision Committee Meeting: Planning Commission Meeting: Thursday, July Fayetteville City 113 W. Mountain Monday, July: Fayetteville City A 113 W. Mountain PROJECT DESCRIPTION:)Zion Gardens -s a proposed 13.90 acre Zoning District consisting of 95 residential townhouses both attac CATION 2005 8:30am ninistration Building eet, Room 219 2005 5:30pm ninistration Building eet, Room 219 idential Planned and detached. Adjoining Property Address and Parcel Number(s): Assessor's Parcel Number. 765-15622-000 The site is located north and east of the intersection of Zion Road and Randal Road. ADJOINING PROPERTY OWNERS (Retu omments to City of Fayetteville Planning Division ii I have been notified of the above meetings for the desc o not object to the project described above. I do object to the project described above because: Name of P operty Owner (printed) 4/La JYC- Signature o Property Owner Envelope) ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING Today's Date: June 21, 2005 APPLICANT / REPRESENTATIVE CONTACT INFO: 1-12 Subdivision Committee Meeting: Planning Commission Meeting: Inc. 479-582-4234 Thursday, July 15, 21005 8:30am Fayetteville City Administration Building 113W. Mountain Street, Room 219 1 Monday, July 25, 2005 5:30pm Fayetteville City Administration Building 113 W. Mountain Street, Room 219 PROJECT DESCRIPTION: Zion Gardens is a proposed 13.90 acre Residential Planned Zoning District consisting of 95 residential townhouses both attached and detached. Adjoining Property Address and Parcel Number(s): Assessor's Parcel Number: 765-15622-000 The site is located north and east of the intersection of Zion Road and Randal Road. ADJOINING PROPERTY OWNERS COMMENTS (Return Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described project. I do not object to the project described above. I do object to the project described above because: / f41 7h5 f1Ow 41C1 /n, /! W9a2d 1E / 2 ;iv cY. Name of Property Owner (pri ted) Signature of Pro ertyOwner ADJOINING PROPERTY OWNERS OF UPCOMING PUBLIC HEARING Today's Date: June 21, 2005 APPLICANT / REPRESENTATIVE CONTACT INFO: H2 Engineering, Inc. 4 Subdivision Committee Meeting: Planning Commission Meeting: TION Thursday, July 15, 2005 8:30am Fayetteville City Administration Building 113 W. Mountain Street, Room 219 Monday, July: Fayetteville City 113 W. Mountain PROJECT DESCRIPTION: Zion Gardens is a proposed 13.90 acre Res Zoning District consisting of 95 residential townhouses both attached Adjoining Property Address and Parcel Number(s): Assessor's Parcel Number: 765-15622-000 The site is located north and east of the intersection of Zion Road and ADJOINING PROPERTY OWNERS (Return Comments to City of Fayetteville Planning Division in Stamped I have been notified of the above meetings for the described project. I do not object to the project described above. I do object to the project described above because:6zcJcJ2a4cj &C -Lt J64&i S'- U1 Name of Property Owner (printed) Signat o roperty Owner 5 5:30pm stration Building Room 219 tial Planned detached. Road. Envelope) ADJOINING PROPERTY OWNERS NOTIFICATION • OF UPCOMING PUBLIC HEARING Today's Date: July 7, 2005 APPLICANT/ REPRESENTATIVE CONTACT INFO: H2 Engineering. Inc. Subdivision Committee Meeting: Planning Commission Meeting. Thursday,. July 14! 2005 8:30am • Fayetteville City Administration Building 113 W. Mountain Street, Room 219 I Monday, July 25,1 2005 5:30pm Fayetteville City Administration Building' 113 W. Mountain Street, Room 219 I PROJECT DESCRIPTION: Zion Gardens is a proposed 13.90 acre Residential Planned Zoning. District consisting of 95 residential townhouses both attached and detached. Adjoining Property Address and Parcel Number(s): Assessor's Parcel Number: 765-15622-000 The site is located north and east of the intersection of Zion Road and Randal Road. ADJOINI P OPER Y OWNERS COMMENTS (Return Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described project. 1 do not object to the project described above. I do object to the project described above because: I Wht*9 /9 e e cv coo/. 7e cis -/4 /e tS P.// 44ec9e 'lLre PSi - Name of Property Owner (printed) Hz v7,- �i� 6' d/,=s≥n Signature of Property Owner • •. H PZD05-1599 ZION GARDENS One Mile View .i' I .1 x� s W — __.--L __ y •t sr S .�. .-_IAKtVI(;W _ 0. 4 RA v I!kLiL I I 1 I LAKE FAYETTEVILLE I J` 6.1 I I SUBJECT PROPERTY y1t i '� flA J jLI1LrH IT 'Et t: ir I N q 9 i LL 1 I i. • rl 310fl Ryj1 R-0 TI RO � RKF t1 ZZ " T I RA. 7L-' zII L _ �_� vc.a�.� n�L 1�.^�iKll lil•T'l r 1 A I I 11 RA W I 6z 1 N O ISF�1I \, l _LIREA0— i.�-aTN6a—.6�� RRSFJ RA RA I� �I nog tC a.o I' _._<.�j —tii I Gl ia�' (T -0 RO i or. 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(i: l � i. r, I, r 1 � •Ilii�„ 07f �� •r • v0• V ,oe r� x V� 1 u HELICAL PIERS: Crown Feeder Roots 0 Reinforced Concrete Beam Above Grade Steel Column Steel Plate on Helical Pier p 1 O V y • mil( ZION GARDENS �a, r I 0 0 v76(o ve evi le ' ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: Mayor Dan Coody, City Council From: Jeremy Pate, Director of Current Planning R Date: September 15, 2005 Subject: Zion Gardens Residential Planned Zoning District The attached Sheet I of 4 is a revised copy for the above mentioned rezoning and preliminary plat request, entitled Zion Gardens Planned Zoning District. You may replace the existing sheet 1 with the attached. There are two (2) revisions made to the plans, which will be explained in more detail at the City Council meeting: 1) A private drive was added in front of lots 57-65 to allow for guest parking and access in front of these proposed units. The current proposal shows no street or drive connection. The original plans called for a full public street in front of these lots. During discussion with the Planning Commission review, the applicant was given the option to leave the street or remove it and provide for guest parking off of the rear alley. The first submittal to the City Council reflects the removal of the street. This option reverts to a private drive, instead of a street, but allowing for guests to enter the homes from the front door, as opposed to the rear. 2) The units on lots 1-17 have shifted from the east side to the west side to better accommodate site plan and architectural building designs. This change is very minor, and meets the intent of the development plans. Please let me know if you have any questions. K: Ueremy12005 Correspondence Internal Memos l "Lion Gardens rewsions.doc From: Clarice Pearman To: Pate, Jeremy Date: 9/28/05 4:24PM Subject: Ords. 4762, 4763 & 4766 Jeremy attached are the above reference ordinances passed by City Council September 20, 2005. Sorry it has taken so long. I was out of the office until Friday for clerk's conference and then I have to wait on ordinances and resolutions from the city attorney's office on Friday. Imagine that. Thanks for your patience. CC: GIS i ,9 :. . t ill ia'( "Nortkwest Arksuun' Most Wulel7 Read Newspaper" AFFIDAVIT OF PUBLICATION I, grin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the ilfiles of said publication, that advertisement of: 2/'/4 was inserted in the regular editions on PO# ** Publication Charge: $ /V'p Sfl Subscribed and sworn to before me this day of , 2005. JhIJz/a7fdddfr Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My ommission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470 • ORDINANCE NO. 4788 AN ORDINANCE ESTABLISHING A RESIDENTIAL V V t i le PLANNED ZONING DISTRICT TTLED R-PZD 5- 1 1599. ZION GARDENS, LOCATED NORTHWEST OF THE INTERSECTION OF RANDALL PLACE AND ZION ROAD, CONTAINING APPROXIMATELY 13.55 ARNA N S AS ACRES. AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYE TEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING COMMIS- SION Bill ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETTEVILLB, ARKANSASi Seclbn 1: That Me zone classification of the following described property Is hereby changed as fellows: From R-0, Residential Office, to R-PZD 05-1599 as shown in Exhibit attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon Me approved master development plan and development statdards as shown on the preliminary piat and all conditions of approval deter - I mined appropriate and approved by the Planning Commission on August 22, 2005. 1 Sec Ion 3: That this ordinance shall take effect and be In Lull farce at such time as all of the requirements of the dauebpnent plan have been met. Section 4-: That Me offidal zoning map of the Oty of Fayetlevife. Arkansas, is hereby amended to reflect Me zoning change prodded in Section 1 above. APOand APPROVED this 20th day of September, 2005. APPROVED: By: DAN COODY. Muloz ATTEST. B': SONDRA SMITH. City Cleft • EXHIBR'A" R-PZD 05-1599 A PART OF THE NE1/4 OF THE 5E114 OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHWEST CORNER OF THE NE1/4 OFTHE SE1/4 OF SAID SECTION 24 AND RUNNING THENCE 58604428E 804.17 FEET: THENCE S88°52'07'E 243.36 FEET: THENCE S87°14'08'E 230.59 FEET TO A POINT ON THE CENTERLINE OF RANDALL PLACE, SAID POINT BEING N87°14'08'W 22.14 FEET FROM THE NORTHEAST CORNER OF THE NE1/4 OF THE SE1/4 OF SAID SECTION 24; THENCE 52°0904'W 418.17 FEET ALONG SAID CENTERUNE TO A POINT WHERE SAID CENTERUNE INTERSECTS THE NORTH RIGHFOF-WAY LINE, EMENDED, OF ZION ROAD: THENCE LEAVING SAID CENTERLINE AND RUNNING SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY UNE THE FOLLOWING: N89°42'09W 600.2 FEET, 570°2058-W 246.5 FEET TO A FENCE CORNER: THENCE LEAVING SAID RIGHPOF-WAY AND RUNNING NORTHWESTERLY • ALONG A FENCE LINE THE FOLLOWING: N4°01'52'W 18.0 FEET. N8906'W 184.03 FEET, S88°3809'W 69.62 FEET, 589°01W 91.67 FEET, N87°26'18W 102.66 FEET TO A FENCE CORNER • LOCATED ON THE WEST UNE OF SAID 40 ACRE TRACT. THENCE LEAVING SAID FENCE LINE AND RUNNING N2°11'57"E 537.49 FEET TO THE POINT OF BEGINNING, CONTAINING 13.9 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO THE RANDALL PLACE HIGHTOF-WAYALONG THE EAST LINE AND ANY OTHER EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.