HomeMy WebLinkAboutOrdinance 4766 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.
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
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Depa ment Director D to Original Contract Date: n/a
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Received in City Clerk's Office
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Finande an Internal Service Director Date
Received in Mayor's Office
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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
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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
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(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
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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