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HomeMy WebLinkAboutOrdinance 4796 t � - REF : iI 2005 -00050775 Filed Doc . IDl # 009328870002 ' IIIIIIIII�II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 010844270001 TVDe : REL i Recorded : 02/ 15/2007 at 01 : 21 : 49 PM Fee Amt : $8 . 00 Paoe 1 of 1 Mashlnoton Countv . AR . Bette Stamps Circuit Clerk File2007-00005764 ORDINANCE NO, 4976 AN ORDINANCE AMENDING ORDINANCE NO. 4766, R-PZD 05-1599 FOR ZION GARDENS, TO ALLOW A GUARANTEE TO BE POSTED BY THE DEVELOPER IN LIEU OF CONSTRUCTING A SIDEWALK ON LOT 97. WHEREAS, the City Council adopted Ordinance No. 4766, approving a Residential Planned Zoning District foi Zion Gardens (R-PZD 05- 1599) on September 25, 2005 ; WHEREAS, the developer has completed public improvements and received approval of a final plat in order to begin construction on individual homes; WHEREAS, a sidewalk was required to be constructed, not guaranteed, within the Tree Preservation area of Lot 97 to provide public pedestrian access within the project; WHEREAS, in order to file the final plat and sell lots for individual home development, the developer has submitted a guarantee for this sidewalk and offers to construct the complete sidewalk prior to issuance of any Certificate of Occupancy for a building on the property; 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 amends Ordinance No. 4766, R-PZD 05- 1599 for Zion Gardens, replacing Condition # 10 with the following language: All Master Street Plan sidewalks (6') along Zion Road and Randall Place shall be constructed, not guaranteed, prior to signing the final plat. The required 4-foot sidewalk meandering through the Tree Preservation Area, Lot 97, shall be completely constructed prior to issuance of a Certificate of Occupancy for any building on the property. ��G��FtIVTR�sG�% PASSED and APPROVED this 16th day of January, 2007. ; `� ,° G�TY �F•, p� APPROVED: ATTEST: = eFAYETTEVILLE ; s z', •�a %9s,9RKANSPC�J�' By: 16 By: Qtn Mktk ,G ,iOiA „„0 DAN COODY, May SONDRA SMITH, City Clerk/Treasurer I i 'Washington County, AR I certify this instrument was filed on 02/15/2007 01 ;21:4.9 PM and recorded in Real Estate File Number;2007=00005754 Be`tte !51a . ps . Circuit 1, IbY X07 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 4766, R-PZD 05-1599 FOR ZION GARDENS, TO ALLOW A GUARANTEE TO BE POSTED BY THE DEVELOPER IN LIEU OF CONSTRUCTING A SIDEWALK ON LOT 97: WHEREAS, the City Council adopted Ordinance No. 4766, approving a Residential PIanned.Zoning District for Zion Gardens (R-PZD 05-1599) on September 25, 2005; WHEREAS, the developer has completed public improvements and received approval of ' a final plat in order to begin construction on individual homes; WHEREAS, a sidewalk was required. to be constructed, not guaranteed, within the Tree Preservation area of Lot 97 to provide public pedestrian access within the project; . WHEREAS, in order to file the final plat and sell lots for individual home development, the developer has submitted a guarantee for this sidewalk and offers to construct the complete ,ate of Occupancy for a building on the property; sidewalk prior to issuance of any Certifi 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 amends Ordinance No. 4766, R-PZD 05-1599 for Zion Gardens, replacing Condition #10 with the following language: . All Master Street Plan sidewalks (6') along Zion Road and Randall Placeshall be constructed, not guaranteed, prior to signing the final plat The required 47foot sidewalk meandering through the Tree Preservation Area, Lot 97, shall be completely constructed prior to issuance of a Certificate of Occupancy for any building on the property. City Council - January 16. 2007 - Page 1 of 14 ' 4 PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN GOODY, Mayor SONDRA SAHTH, City Clerk/Treasurer City Council January 16, 2007 Page 2 of 14 f go r• • �����► � ' MESS■■■■■■ �!IIIIIIIIIIIIIIIIIIIIIIIIII� WIN � rl + IMP I O�� �� �■® ��, � f� � �� =� ; ' '���1►11 _Ill. 1 ■ � o. " ' h�� E® � !1 �4+ ©■ , , lrye _-. awe E iV .,:ryl' ■[s�ll;� I�z ,� o L i 00 7dk " V'f I �/ ■off Bv''� : r� ■ at If If / Yl= C «. _ �69 8b 99 ev ans e� re o � n a' •e I rea�e c ems . 'es�a v n ' PC 99 0 S£ m Gg a go d s" 5 89 ' 69 L£ oG 8£ p ° TL w 6£ g cV zL ob O £G ' . r s l v bG O TV SL O zb 9G O Oz V O Li } s c c O J €� 9P Z � a( OO J ' Lb O LL ! O City Coundl January 16, 2007 Page 4 of 14 ORDINANCE NO. 4766 AN ORDINANCE ESTABLISHING A RESIDENTIAL- PLANNED ESIDENTI AIPLANNED ZONING DISTRICT TITLED R-PZD 05-15993 ZION GARDENS, LOCATED NORTHWEST OF THE INTERSECTION OF RANDALL PLACE AND'ZION ROAD, CONTAINING APPROXIMATELY 13.55 ACRES, AMENDING.THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVB,LE; AND ADOPTING THE ASSOCIATED RESIDENTIALDEVELOPMENT PLANASAPPROVEDBY THE PLANNING COMMISSION BE IT ORDAIlVED By T73E CITY COUNCIL OF THE CITY OF FAYEMINULE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From R-O, Residential Office, to R-PZD 05-1599 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan and development standards as shown on the preliminaryplatand all conditions of approval determined 2005, appropriate and approved by the Planning Commission on August 22, , Section 3: That this ordinance shall take effect and be in full force at such time as all of the requirements of the development plan bave. been met Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 20a' day of September, 2005. G�ERFUTRs APPROVED: c : FAY EITEVILIE; 3 B Y. p .9q p9 *COODY, layorrATIEST: ON By: SONDRA SMITH, City Clerk City Council January 16, 2ge7 Page 5 of 14 _ . . _. . _ _ _ ._. .. .. . __. ____. _... .. . . . ._.. .. _. . . _ ._.. ... . . ._.._..7. Veel I C PC Meeting of August 22, 2005 I ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayettevil le, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephonm (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 OS-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 comer 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/Zorning: Direction Land Use Zoning from Site North Pasture; sin a family residence Residential-Agriculture R-A South Single family residences; open pasture Residential Single Family Residences RSF-4 ; Residential-A 'culture -A East Undeveloped disturbed lot; Fayetteville Residential Multi-Family 24 Units/Acre Athletic Club (RMF-24); Residential-Office (R-O); Neighborhood Commercial (C-1 West Openpasture Residential-Agriculture R-A) K:1Remo 20051PCRepora108.22-03lR.PW05-1599,Mon Gardens)-doe City Couna7 January 16, 2007 Page 6 of 14 . .. ... .. ... ... .-... . . . -. 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 townllomes. 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 I-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 comer 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: morlgagewarehousemb.cont) The following bulk and area regulations are proposed by the applicant: ZONING CRITERIA: R-PZD 05-1599 Zion Gardens ! i (A)Proposed Uses. . . . . :.LOTS USE UNIT ALLOWABLE USES Lots 1-95 Unit I Cit -wide uses b ri In Lots 1-95 Unit 2 City-wide uses by conditional use Lots 1-95 Unit 8 - -Si a-family dwelling Lots 1-95 Unit 24 •Home Occu ations Lots 77-95 Unit26 Multi-Paritil DweOings - Lots 96-97 ._ .No use unit Tree Preservation; Utilities, and . . allowed Landsca Area . Al! other uses allowed within the R-PZD zoning district shall not bepermitted. (B)gDensientire NumberofAcresUnits Per Acre13.55 7.01 Note: The property is currently zoned Residenlial-Of ce (R-O) which allows up to 24 unitstacre. K:1Reponst20051PC Reporerltlq-22-051R-PZD 05-1599 Mon Gardew).dw City Council January 16, 2007 Page 7 of 14 4- (C) Bulk and area re lotions. Single-family Multi-family dwellings Other uses Other uses dwellin s _ (Lot 96) (Lot 9 Lot minimum width 20 feet minimum per 20 feet minimum per 200 feet mbtimum 585 feet dwellin of dwellin of minimum Lot area minimum 3,000 SF minimum per 2,200 SF minimum per 1,650 SF 2.2 acres dwellin of dwellin lotminimum 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 tot (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 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. ' i' (F) Building area. Single-Family Attached: 75% maximum built area. L . Single-Family Detached: 65 % maximum built area. . L Water Rc Sewer: Water and sewer lines are being extended to serve the development. Access: Access is provided from Zion Road and Randal Place. j . 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 p' 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. r 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 am acceptable, however, the City of Fayetteville does not have a formalized significance threshold. ,K.6Wporss12605IPC Repo 410812-0PR-PZD 05 1599(Lion eurdem).dx City Council January 16, 2007 Page 8 of 14 - - - .__.... - - ....... --- 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: 123% 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 concerns adjacent property owners discussing concerns with excessive storm water iucrcase and an increase in traffic from the project. Recommendation: Staff recommends R-PZA 05-1599 be forwarded to City Council with .a recommendation of approval with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements.. Staffrecommends the following improvements: i a. Improvements to Zion Road along the projectfrontage to Master Street Plan standards with 34' of pavement,curb and gutter and storm drainage along the A. 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 K'L'W &V0051PC Reporu149-22-05W-PW 05-1599(Zion Cardms)doc - City Council _ January 16, 2007 Page 9 of 14 i I 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 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. i 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/bearrx pier and above-evade . beam *foundation system as submitted with the PZD proposal, in order to count these trees r . 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'y 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 I I . 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 j of signatures to the final plat. KARep,.01200RPC R<pom108-22-05W-PM 05.1599(D" aa<d<nsJ.aoc Gty Council January 16, 2007 Page 10 of 14