HomeMy WebLinkAboutOrdinance 4911 ORDINANCE NO. 4911
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE WITH ZION PLACE, LLC IN THE AMOUNT OF
$ 1285435 .00 FOR OFFSITE DRAINAGE IMPROVEMENTS
ASSOCIATED WITH ZION GARDENS.
WHEREAS, the City of Fayetteville has responded to frequent drainage complaints near the
Residential Planned Zoning District that Zion Place, LLC is currently developing; and,
WHEREAS, entering into a cost-share agreement with Zion Place, LLC and utilizing their
engineer and contractor to construct the needed drainage improvements will avoid the added cost
and unnecessary duplication of effort which would arise from the formal competitive bidding
process.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or
practical, and waives the requirements of formal competitive bidding to approve a cost-share with
Zion Place, LLC in the amount of$ 128,435.00 for offsite drainage improvements associated with the
Zion Gardens Development.
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PASSED AND APPROVED this 15`h day of August, 2006. • �SY ' •SG'
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APPROVE : ATTEST:
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; FAYETIEVILLE •
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By By: K �1d4 /bc �l/ rv` ' "_ 'e°o•; IGTO
C
DA OODY, Mayor 'SONDRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this 5 / o2(" , by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, Witnesseth:
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place: and
WHEREAS, The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, ii would benefit the City of Fayetteville to in prove this culvert and to
protect these propertip.3 from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to two 42" pipe culverts and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435 .00for the afore mentioned
drainage construction as was provided by 132 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
prices exceed the maximum-not-to-exceed amount that was furnished by
H2 Engineering The contractual agreement shall be required to be
reevaluated and re-approved by the Mayor and/or City Council as
appropriate prior to proceeding with construction.
D. Make all efforts to provide payment to Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain installation.
B . Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the storm drain
construction.
3 . It is further understood that the contract for construction is between Zion Place,
LLC and their Contractor & Engineer and that the City of Fayetteville has no
contractual obligation with either the Contractor or the Engineer. The City's only
obligation shall be to participate in a contractual agreement with a not-to-exceed
amount of $ 128,435.00 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY ZTTEVILLE Zion Place, LLC
By. 7 By
DAN COODY, ayor �� W �0�� 2
ATTEST:
By:
City Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this IS 1 ' OCA by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, 'Witnesseth :
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place: and
WHEREAS, The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, it would benefit the City of Fayetteville to ipiprove this Pulvert and to
protect these properties from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to two 42" pipe culverts and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435.00for the afore mentioned
drainage construction as was provided by 142 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
prices exceed the maximum-not-to-exceed amount that was furnished by
H2 Engineering The contractual agreement shall be required to be
reevaluated and re-approved by the Mayor and/or City Council as
appropriate prior to proceeding with construction.
D. Make all efforts to provide payment to Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain installation.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the storm drain
construction.
3 . It is further understood that the contract for construction is between Zion Place,
LLC and their Contractor & Engineer and that the City of Fayetteville has no
contractual obligation with either the Contractor or the Engineer. The City's only
obligation shall be to participate in a contractual agreement with a not-to-exceed
amount of $ 128,435.00 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Zion Place, LLC
By: Al By: / V
DAN C ODY, Mayor
ATTEST:
By:
City Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this k5 I a000o , by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, Witnesseth:
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place: and
WHEREAS,The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, ii would benefit the City of Fayetteville to improve this culvert and to
protect these properties from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to two 42" pipe culverts and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435.00for the afore mentioned
drainage construction as was provided by H2 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
prices exceed the maximum-not-to-exceed amount that was furnished by
H2 Engineering The contractual agreement shall be required to be
reevaluated and re-approved by the Mayor and/or City Council as
appropriate prior to proceeding with construction.
D. Make all efforts to provide payment to Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain installation.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the storm drain
construction.
3 . It is further understood that the contract for construction is between Zion Place,
LLC and their Contractor & Engineer and that the City of Fayetteville has no
contractual obligation with either the Contractor or the Engineer. The City's only
obligation shall be to participate in a contractual agreement with a not-to-exceed
amount of $ 128,435 .00 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Zion Place, LLC
By:
DAN COODY, Mayor �---
I � E12
ATTEST:
P
By:
City C erk
City of Fayetteville /O G
Staff Review Form 2 `�^ No-ce"
City Council Agenda Items
or
Contracts
15-Aug-06
City Council Meeting Date
Matt Casey Engineering Operations
Submitted By Division Department
Action Required:
Approval of a cost-share and bid waiver in the amount of $128,435.00 with Zion Place, LLC for offsite drainage
improvements associated with the Zion Gardens development.
Bridge and Drainage
$128,435.00 $ 524, 135.00 Improvements -
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5817.00 $ - Other Drainage Improvements
Funds Used to Date Program / Project Category Name
02108 $ 5241135.00
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Depa ment Di c Date Original Contract Date:
Original Contract Number:
City Attorney
Received in City Clerk's Office
Finance nd Internal Service Dire for D
Received in Mayor's Office VrENTPEI
Mayorr Date
Comments:
City Council Meeting of August 15, 2006
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From : Ron Petrie, P.E., City Engineer
Date: July 20, 2006
Subject: Proposed Cost Share and bid waiver in the amount of $ 128,435 .00 with Zion
Place, LLC. for drainage improvements downstream of the Zion Gardens
development.
RECOMMENDATION
Staff recommends that the City cost-share with Zion Place, LLC, the developer, to extend
the downstream drainage improvements associated with the Zion Gardens development.
BACKGROUND
The developer is constructing a 95 unit townhouse development on the north side of Zion
Road. On August 22, 2005 the Planning Commission forwarded the PZD for Zion
Gardens to the City Council with a recommendation for approval. The City Council
approved the PZD at the September 20, 2005 meeting.
DISCUSSION
The developer currently has the townhouse development under construction. As a part of
the development, they are required to up-size the drainage culvert under Randal and
extend a concrete swale to the north to provide adequate drainage for the development.
The existing culvert under Randal is undersized and the drainage flows across the
adjacent properties to the north causing erosion through their yards. City staff has
received drainage complaints in the past due to this problem.
Staff recommends that the City cost-share with the developer to extend the proposed
pipes across the property on the north side of Randall. The City would be responsible for
the additional cost to change from the proposed channel to the 42" pipe. It is also
recommended that the improvements be extended across the next property to the north to
take the water to the Lake Fayetteville property. The City would be responsible for the
cost of extending the channel across this property. By participating in these
improvements, the City will be solving a drainage problem in this area.
I
City Council Meeting of August 15, 2006
Construction costs have been provided to the City for these improvements by H2
Engineering. as follows:
Developer's Share $ 729623.00
City's Share for John Lea Property $ 94,897.50
City's Share for Greg Lee Property $ 334537.50
Total $ 2015058.00
BUDGETIMPACT
The funds for this drainage cost-share project will come from "Other Drainage
Improvements" project in the Bridge and Drainage Improvements fund. There is
currently $524, 135.00 in this project.
The final costs to the City will be based upon actual costs as documented by Zion Place,
LLC Inc subject to review by the City and may, or may not exceed the submitted
estimate. However, the City's share will not exceed the estimate without additional
authorization.
2
ORDINANCE NO._
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE WITH
ZION PLACE, LLC IN THE AMOUNT OF $ 1285435.00 FOR OFFSITE
DRAINAGE IMPROVEMENTS ASSOCIATED WITH ZION GARDENS.
WHEREAS, the City of Fayetteville has responded to frequent drainage complaints near the
Residential Planned Zoning District that Zion Place, LLC is currently developing; and,
WHEREAS, entering into a cost-share agreement with Zion Place, LLC and utilizing their engineer
and contractor to construct the needed drainage improvements will avoid the added cost and unnecessary
duplication of effort which would arise from the formal competitive bidding process.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby finds�t such
circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and
waives the requirements of formal competitive bidding to approve a cost-share withfZionPlace, LLC in the
�:, .d Fy r
amount of $128,435 .00 for offsite drainage improvements associated with-the Zion 'Gardens Dtevelopment.
PASSED AND APPROVED this 15a' day of August, 2006.
APPROVED: ATT SIdMML .
By: y.
DAN COODY, Mayor SOlG.D SMItH,b.G,ity Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, Witnesseth:
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place; and
WHEREAS, The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, it would benefit the City of Fayetteville to improve this culvert and to
protect these properties from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to a 42" pipe culvert and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435 .00for the afore mentioned
drainage construction as was provided by H2 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
prices exceed the maximum-not-to-exceed amount that was furnished by
H2 Engineering The contractual agreement shall be required to be
reevaluated and re-approved by the Mayor and/or City Council as
appropriate prior to proceeding with construction.
D. Make all efforts to provide payment to Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain installation.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the storm drain
construction.
C. Not to proceed with the proposed construction unless/until the proposed
contractual agreement is approved by the City Council and signed by the
Mayor.
3. It is further understood that the contract for construction is between Zion Place,
LLC and their Contractor & Engineer and that the City of Fayetteville has no
contractual obligation with either the Contractor or the Engineer. The City's only
obligation shall be to participate in a contractual agreement with a not -to -exceed
amount of $128,435.00 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE
By: By:
DAN COODY, Mayor
ATTEST:
By:
City Clerk
Zion Place, LLC
Zion Gardens - Offsite Improvements
JOHN LEA AND GREG LEE PROPERTY
ZION GARDENS OFFSITE COST
Bid
Quantity
Unit
Unit Price
Bid
Amount
Description
8' TRAPEZOIDAL CHANNEL (concrete btm. 3:1 side slopes)
410
LF
$ 30.00
$ 12,300.00
SOD
550
SY
$ 3.75
$ 2,062.50
24" ARCHED RCP
41
L`-
$ 48.00
$ 1,968.00
24" ARCHED CMP F.E.S.
1
EA
$ - 550.00
$ 550.00
REMOVE EXT. CONC. STRUCTURE & 24" CMP & REPAIR R
1
EA
$ 4,000.00
$ 4,000.00
REMOVE EXT. 36" RCP & REPAIR ROAD
1
EA
$ 5,500.00
$ 5,500.00
CONCRETE HEADWALL & APRON FOR BOX CULVERT
1
EA
$ 10,000.00
$ 10,000.00
42"RCP INSTALL UNDER RANDAL AND REPAIR RANDAL
66
LF
$ 180.00
$ 11,880.00
15'X5' JUNCTION BOX
1
EA
j,$ 10,000.00
$ 10,000.00
Totals I $ 58,260.50
ZION GARDENS COST FOR IMPROVEMENTS TO JOHN LEA PROPERTY
I Totals I $ 14,362.50
TOTAL BID COST FOR IMPROVEMENTS ON JOHN LEA PROPERTY
Bid
Quantity
Unit
Unit Price
Bid
Amount
Description
42" RCP
820
LF
$ 118.00
$ 96,760.00
42" RCP FLARED END SECTION
2
EA
$ 1,000.00
$ 2,000.00
SOD
2800
SY
$ 3.75
$ 10,500.00
Totals I $ 109,260.00
TOTAL BID COST FOR
IMPROVEMENTS
ON JOHN
LEA
PROPERTY
$
109,260.00
ZION GARDENS COST FOR
IMPROVEMENTS
ON JOHN
LEA
PROPERTY
$
14,362.50
I CITY OF FAYETTEVILLE RESPONSIBILITY FOR JOHN LEA PROPERTY $ 94,897.50
TOTAL BID COST FOR IMPROVEMENTS ON GREG LEE PROPERTY
Bid
Quantity
Unit
Unit Price
Bid
Amount
Description
6' TRAPEZOIDAL CHANNEL W/ 2:1 SIDE SLOPES
881
LF
$ 30.00
$ 26,430.00
ROCK -STORM DRAINAGE
5
CY
$ 100.00
$ 500.00
SOD
1762
SY
$ 3.75
$ 6,607.50
Totals I $ 33,537.50
I CITY OF FAYETTEVILLE RESPONSIBILITY FOR GREG LEE PROPERTY $ 33,537.50
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kayetiffilARKANSAS
THE CITY OF FAYETTEVILLE. ARKANSAS
PLANNING DIVISION CORRESPONDENCE.
TO: Planning Commission
FROM: Andrew Gamer, Senior Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: July 28, 2005
PC Meeting of August 22, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
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:
Submitted on behalf of:
Planner:
Findings:
MORRISS & ANN HENRY
ZION PLACE, LLC
ANDREW GARNER
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 -O (Residential -Office) and is
located adjacent to undeveloped open pasture with some scattered rural single family residences.
R -O 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 -Agriculture (R -A)
East
Undeveloped disturbed lot; Fayetteville
Residential Multi -Family 24 Units/Acre
Athletic Club
(RMF-24); Residential -Office (R -O);
Neighborhood Commercial(Cd)
West
Open pasture
Residential -Agriculture R -A
P:IReporis120051PC Reports108-22-051R-PZD 05-1599 (Zion Gardensf.doe
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
allowed
Tree Preservation, Utilities, and
Landscaped Area
All other uses allowed within the R-PZD zoning district shall not be permitted.
(B)
Density.
Units for entire
Subdivision
Number of Acres
Units Per Acre
95
13.55
7.01
Note: The property is currently zoned Residential -Office (R -O) which allows up to 24 units/acre.
P: IRepons120051PC Reports108-22-051R-PZD 05-1599 (Zion Gardens,.doc
(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 feet minimum
585 feet
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)
ermined.
(D) Setback requirements.
Building setbacks vary.
Front Building Setback: 12'
Rear Building Setback: 0'
Side Building Setback: 0'. All detached or attached townhomes 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
1 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.
P:IReporlsI20051PC Rep ortsln8-22-051R-PZD 05-1599 (Zion Gardens).doc
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 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.
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 storm drainage.
Tree Preservation: 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:
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 storm drainage.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION.
2. Future subdivision signage will be permitted in accordance with standard residential
P:IReports120051PC Reports108-22-0518-PZD 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 strect width for Frontier Elm Drive
that is currently proposed at 40' right-of-way. Though a through street, staff finds 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 pier -/beam 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.
11. 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.
P:IReports120051PC Relx ris108-22-051R-PZD 05-1599 (lion GordensJ.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.
1. An assessment in the amount ofSX462 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)
2^" 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.
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21. 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.
Im
Date
P:IRepor,s12005IPC Reports108-22-0518-PZD 05-1599 (Zion Gardens) 40c
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.
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(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.
(t) 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.
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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
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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.
sL
(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:
P:IReportv120051PC Reports108-22-0518-PZD 05-1599 (Zion Gardens).doc
Paving Width
(No On -Street Parking)
Dwelling
Units
One -Way
Two -Way
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.
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(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.
1
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.
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(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.
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(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 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.
(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.
P:IRepons120051PC Reporrs108-22-051R-PZD 05-1599 (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:
P.9Reportsl2005lPCReporlsI08-22-051R-PZD 05-1599 (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.
P.:IReports 12005 PC Repons108-22-0518-PZD 05-1599 (lion Gardens).doc
(2) Permitted uses.
Unit I City-wide uses by right
Unit r^. 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit Cult..
ox��c 4 Cultural an recreational facilities
IlflttWllifl t fliTh T
• I
• 1
• • • I
l • occupations
l l
I 1
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 Findins for Rezonin2 Reuestfor Reguest,
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
P:1Reports 20051PC Reporis108-11-0518-PZD 05-1599 (Zion Gardens).doc
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.
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.
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.
P: IRe,porlsl20051PC ReportsI08.22-051R-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.
4. 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 :eervice subdivisions mainly to the
south. The closest elementary school in the City of Fayetteville appears to be
Butterfield Elementary School located at3050 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
P. IReporls120051PC Reports 108-22-0518-PZD 05-1599 (Zion Gardens).doc
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.
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
P:IReporls120051PC Reporis108-22-0518-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.
P: IReports110051PC Reports108-11-0518-PZD 05-1599 (Zion Gardens).dvc
(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.
(I0)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
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.
(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:
(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.
P:IReportsl20051PC Reports 08-22-051R-PZD 05-1599 (Zion Gardens).doc
(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.
From: Amber Wood
To: Casey, Matt
Date: 8/17/06 9:26AM
Subject: Zion Place, LLC Cost Share
Matt,
I am currently processing the ordinances and resolutions from the August 15, 2006 City Council Meeting.
The item that you submitted titled "Zion Place, LLC Cost Share" does not have an original signed
agreement. Please forward this agreement to our office ASAP so that we may complete the ordinance
and obtain the Mayor's Signature.
Thanks for your help!
Amber Wood
Deputy City Clerk
City of Fayetteville
City Clerk Division
Phone: (479) 575-8323
Fax: (479) 718-7695
awood(�ci.fayetteville. ar. us
From: Amber Wood
To: Casey, Matt
Date: 8125106 9:13AM
Subject: Ord. 4911
Matt,
Attached is a copy of Ord. 4911 passed by the City Council on August 15, 2006. If you have any
questions please feel free to give me a call at the number listed below. Have a great day!
Thanks,
Amber Wood
Deputy City Clerk
City of Fayetteville
City Clerk Division
Phone: (479) 575-8323
Fax: (479) 718-7695
awood@ci.fayetteville.ar.us
CC: Bell, Peggy; Deaton, Vicki