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HomeMy WebLinkAboutOrdinance 5026 r i t / m AMEN N s3zP5�pIk ee� m c44 z{. Ke ,Ess�Ff a y1, IvPrs a+ ..sl iui4ii��ea h&"-tiSyCra-er -F at (F'N Dss r9 Y sly 1 EXHIBIT "B" R-PZD 07-2531 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148 .91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE SOUTH 870 24' 50" EAST 263 .31 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 165.93 FEET TO A POINT; THENCE NORTH 87' 24' 50" WEST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.94 FEET TO A POINT; THENCE PARALLEL TO CENTERLINE OF IVEY ROAD SOUTH 870 24' S0" EAST 114.47 FEET; THENCE NORTH 02° 35' 08" EAST 102.85 FEET TO A POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 870 24' 50" EAST 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS, TOGETHER WITH A UTILITY EASEMENT TWENTY FEET IN WIDTH WITH A CENTERLINE LOCATED 35 FEET SOUTH OF AND PARALLEL TO THE CENTERLINE OF IVEY ROAD. BUFFER EASEMENT A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148.91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 87° 24' 50" EAST 309.99 FEET PARALLEL WITH SAID CENTERLINE OF IVEY ROAD TO A POINT; SOUTH 03° 39' 50" WEST 290.05 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 451 .08 FEET TO A SET IRON PIN; THENCE NORTH 030 39' 50" EAST 290.05 FEET TO A POINT, SAID POINT BEING TWENTY-FIVE (25) SOUTHERLY OF AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 870 24' 50" EAST 131 .09 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 114.47 FEET TO A POINT; THENCE SOUTH 02' 35' 08" WEST 165 .94 FEET TO A POINT; THENCE SOUTH 870 24' 50" EAST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.93 FEET TO A POINT; THENCE NORTH 870 24, 50" WEST 263 .31 FEET TO A POINT; THENCE NORTH 02° 35' 08" EAST 102.85 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS. BUFFER EASEMENT SUBJECT TO INGRESS/EGRESS TO THE "TEMPORARY SEPTIC SYSTEM AREA EASEMENT- LEASE AREA" ADJOINING THE EAST SAID OF THE SAID "BUFFER CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 1 of 2 Staff recommends the following conditions of approval associated with R-PZD 07-2531 (P.A.H. Facility). 1 . Though Use Unit 26 (Multi-family) is a permitted use by right, the use of the property shall conform with the stated intent of a shelter/rehabilitation center as noted in the project submittal booklet and staff report. 2. The associated property line adjustment shall be filed of record after City Council approval of the Planned Zoning District, but before approval of a building permit. 3 . Conditions of approval included in the tree preservation and landscape plan reports prepared by the Urban Forester are included in the official conditions of approval, herein. 4. All requirements of the Fayetteville Fire Department associated with service of the facility shall be completed prior to Certificate of Occupancy unless otherwise approved by the Fire Chief. 5 . The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 6. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 7. Phasing: This project is required to obtain all permits in accordance with the timeframe for LSD' s as outlined in the Unified Development Code Chapter 166.20, with the exception of the 2,800 future addition which may be constructed at some future date pursuant to all applicable ordinances and conditions of R-PZD 07-2531 . Standard Conditions of Approval: 8. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 9. The proposed location of the trash enclosure will not be visible from any right-of-way and therefore screening of the dumpster shall be at the discretion of the developer(s). Should the location of the trash enclosure change, or if additional trash enclosures are required, the owner/developer shall coordinate these changes with the Planning Department pursuant to all applicable ordinances. 10. All freestanding and wall signs shall comply with ordinance specifications for location, size, CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 2 of 2 type, number, etc. Signs are not allowed to be placed in utility easements. 11 . All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 12. 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). 13 . Provide a CD containing the proposed Large Scale Development drawings in Autocad or similar digital format. 14. 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. 15 . All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 16. Large scale development shall be valid for one calendar year. 17. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. C. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. a. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Cie, City of Fayetteville / m Staff Review Form City Council Agenda Items R PZ1J O7 X1 or �� Contracts 5-Jun-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 07-2531 : Planned Zoning District (P.A.H. Facility 21 ): Submitted by City of Fayetteville for property located at Ivey Lane, 1/4 mile east of Highway 265 containing approximately 3 .00 acres. The request is for a rezoning, land use, and large scale development approval for a Master Development Plan of a Residential Planned Zoning District for a 19,971 sq. ft. residential shelter facility and associated parking. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item O Budget Adjustment Attached Previous Ordinance or Resolution # n/a F7 # o Depa ment Di Date Original Contract Date: n/a Original Contract Number: n/a L7Z City Attorney Received in City Cler ' `Pr 0. . Finance and Internal Service Director Date Received in Mayor's Office I . Mayor ate Comments: City Council Meeting of June 5, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: May 17, 2007 Subject: Residential Planned Zoning District for P.A.H. Facility (R-PZD 07-2531 ) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for P.A.H. Facility, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district on approximately 3 .00 acres located on Ivey Lane, east of N. Crossover Road. The proposal is for a residential development consisting of a 19,971 sq. ft. residential shelter facility with 28 bedrooms and associated parking. BACKGROUND The applicant requests rezoning, land use, and large scale development approval for a shelter/rehabilitation home within a unique R-PZD zoning district on the subject property. The proposed zoning would allow for a maximum of 19 units/acre. The density is based on the requested 28 bedrooms on the developed 1 .5 acres. The facility will not function as a typical multi-family development; while there are bedrooms that may qualify as dwelling units, the purpose and use of the request is for a shelter/rehabilitation center. Planning Area 1 will include the proposed building and parking lot; Planning Area 2 will serve as a tree preservationibuffer area, for a combined area of 3 acres. The first floor of the facility will contain approximately 14,365 sq. ft. of which 9,201 sq. ft. will be bedroom space and 5, 164 sq. ft. will be office space. The second floor of the facility will contain approximately 2,806 sq. ft. and will only contain future space for additional bedrooms. If additional space is needed in the future, the applicants have indicated the location for a 2,800 sq. ft. addition on the east side of the main structure that will be for additional bedrooms. The maximum size of the building including the second floor and future addition is approximately 19,971 sq. ft. DISCUSSION The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval. Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 07-2531 , P.A.H. FACILITY, LOCATED AT IVEY LANE, % MILE EAST OF HIGHWAY 265 ; CONTAINING APPROXIMATELY 3 .00 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to R-PZD 07-2531 P.A.H. Facility as shown in Exhibit "A" and depicted in Exhibit `B" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" PZD07-2531 P . A . H . FACILITY One Mile View i SUBJECT PROPERTY IIII ' 1YEY lH , .g ^y I' —, kJ '' , V i a — � 11 . I _ 1 � - a �` AWR aN p: 1t f Y I LAKE FA YET VJLILE - ''k a r _ J syr^y Pa VArE nowAFUl MMgsbx 14, 5 + nu A a3R.- Overview {^. Legend Boundary .- t- --r ' - Subject ProPeAy .%.00 Planning Area _ ® PZD07-2531 uooc Dg Overlay DleMR 0 0000 _ 4. Outside City Legend Hillside-Hilltop O erlay District 0 0 . 25 0 . 5 1 M les EXHIBIT "B" R-PZD 07-2531 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148.91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE SOUTH 870 24' 50" EAST 263 .31 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 165.93 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.94 FEET TO A POINT; THENCE PARALLEL TO CENTERLINE OF IVEY ROAD SOUTH 87024'50" EAST 114.47 FEET; THENCE NORTH 02%%D35'08" EAST 102.85 FEET TO A POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 87%%D24'50" EAST 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS. TOGETHER WITH A UTILITY EASEMENT TWENTY FEET IN WIDTH WITH A CENTERLINE LOCATED 35 FEET SOUTH OF AND PARALLEL TO THE CENTERLINE OF IVEY ROAD. BUFFER EASEMENT A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 18, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID FORTY (40) ACRE TRACT; THENCE SOUTH 87' 24' 50" EAST 148.91 FEET TO A POINT; THENCE SOUTH 020 35' 10" WEST 40.44 FEET TO THE POINT OF BEGINNING, SAID POINT BEING TWENTY-FIVE (25) FEET SOUTHERLY AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE SOUTH 87° 24' 50" EAST 309.99 FEET PARALLEL WITH SAID CENTERLINE OF IVEY ROAD TO A POINT; SOUTH 03° 39' 50" WEST 290.05 FEET TO A POINT; THENCE NORTH 87° 24' 50" WEST 451 .08 FEET TO A SET IRON PIN; THENCE NORTH 030 39' 50" EAST 290.05 FEET TO A POINT, SAID POINT BEING TWENTY-FIVE (25) SOUTHERLY OF AND PERPENDICULAR TO THE CENTERLINE OF IVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE OF IVEY ROAD SOUTH 87024"50" EAST 131 .09 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 102.85 FEET TO A POINT; THENCE NORTH 870 24' 50" WEST 114.47 FEET TO A POINT; THENCE SOUTH 02° 35' 08" WEST 165 .94 FEET TO A POINT; THENCE SOUTH 87° 24' 50" EAST 387.78 FEET TO A POINT; THENCE NORTH 020 35' 08" EAST 165.93 FEET TO A POINT; THENCE NORTH 870 24, 50" WEST 263.31 FEET TO A POINT; THENCE NORTH 02° 35' 08" EAST 102.85 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .50 ACRES MORE OR LESS. BUFFER EASEMENT SUBJECT TO INGRESS/EGRESS TO THE "TEMPORARY SEPTIC SYSTEM AREA EASEMENT- LEASE AREA" ADJOINING THE EAST SAID OF THE SAID 'BUFFER EASEMENT" WITH THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF SAID SEPTIC SYSTEM CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 1 of 2 Staff recommends the following conditions of approval associated with R-PZD 07-2531 (P.A.H. Facility). 1 . Though Use Unit 26 (Multi-family) is a permitted use by right, the use of the property shall conform with the stated intent of a shelter/rehabilitation center as noted in the project submittal booklet and staff report. 2. The associated property line adjustment shall be filed of record after City Council approval of the Planned Zoning District, but before approval of a building permit. 3. Conditions of approval included in the tree preservation and landscape plan reports prepared by the Urban Forester are included in the official conditions of approval, herein. 4. All requirements of the Fayetteville Fire Department associated with service of the facility shall be completed prior to Certificate of Occupancy unless otherwise approved by the Fire Chief. 5. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 6. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 7. Phasing: This project is required to obtain all permits in accordance with the timeframe for LSD's as outlined in the Unified Development Code Chapter 166.20, with the exception of the 2,800 future addition which may be constructed at some future date pursuant to all applicable ordinances and conditions of R-PZD 07-2531 . Standard Conditions of Approval: 8. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 9. The proposed location of the trash enclosure will not be visible from any right-of-way and therefore screening of the dumpster shall be at the discretion of the developer(s). Should the location of the trash enclosure change, or if additional trash enclosures are required, the owner/developer shall coordinate these changes with the Planning Department pursuant to all applicable ordinances. 10. All freestanding and wall signs shall comply with ordinance specifications for location, size, CONDITIONS OF APPROVAL: R-PZD 07-2531 Page 2 of 2 type, number, etc. Signs are not allowed to be placed in utility easements. 11 . All exterior lighting is required to comply with the City' s lighting ordinance. A lightingplan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 12. 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). 13 . Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar digital format. 14. 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. 15. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 16. Large scale development shall be valid for one calendar year. 17. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. a. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Taye Ie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: May 9, Updated May 17, 2007 PC Meeting of May 14, 2007 125 W. Mountain Si. Fayetteville, AR 72701 Telephone: (479) 575-8267 R-PZD 07-2531: Planned Zoning District (P.A.H. FACILITY, 599): Submitted by CITY OF FAYETTEVILLE for property located at IVEY LANE, % MILE E. OF HWY 265. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.00 acres. The request is for Master Development Plan rezoning, land use, and large scale development approval for a 19,971 sq. ft. residential shelter facility and associated parking. Planner: Jesse Fulcher Findings: Background: The Subdivision Committee approved a lot split request for the City of Fayetteville on November 3, 2005. The request was to split approximately 68.91 acres of property owned by the City of Fayetteville into three tracts of 1.50 (P.A.H. Facility property), 44.90 and 6.63 acres. The 44.90 acre tract includes a 1.50 acre buffer easement that surrounds the P.A.H. property and is included in the Planned Zoning District request, a 0.69 acre temporary septic system easement that will be utilized by P.A.H. and a 70' wide ingress/egress easement that will provide access from Ivey Lane to the proposed development. Property Description: The subject property contains 3.00 acres (1.5 acres is proposed for development and the other 1.5 acres will remain as a natural buffer and tree preservation area) located on Ivey Lane, east of N. Crossover Road. The site is zoned R -A and is generally flat, undeveloped, pasture land. Proposal: The applicant requests rezoning, land use, and large scale development approval for a shelter/rehabilitation home within a unique R-PZD zoning district on the subject property. The proposed zoning would allow for a maximum of 19 units/acre. The density is based on the requested 28 bedrooms on 1.5 acres. The facility will not function as a typical multi -family development; while there are bedrooms that may qualify as dwelling units, the purpose and use of the request is for a shelter/rehabilitation center. Planning Area I will include the proposed building and parking lot; Planning Area 2 will serve as a tree preservation/buffer area, for a combined area of 3 acres. The first floor of the facility will contain approximately 14,365 sq. ft. of which 9,201 sq. ft. will be bedroom space and 5,164 sq. ft. will be office space. The second K:IReporisl2007iPCReports 105-14-071R-PZD 07-2531 (PAH Facifity)doc floor of the facility will contain approximately 2,806 sq. ft. and will only contain future space for additional bedrooms. If additional space is needed in the future, the applicants have indicated the location for a 2,800 sq. ft. addition on the east side of the main structure that will be for additional bedrooms. The maximum size of the building including the second floor and future addition is approximately 19,971 sq. ft. First Floor 5,164 sq. ft. (office space) and 9,201 sq. ft. (bedrooms) Second Floor 2,806 sq. ft. (bedrooms) Future Addition 2,800 sq. ft. (bedrooms) The project booklet and the plats provided give the zoning criteria in detail. Please reference this provided material for more information. These documents are binding to the zoning of the property. Phasing: The applicant proposes to develop P.A.H. Facility in one phase in accordance with the standard timeframe required upon Large Scale Development Approval. Subdivision Committee Discussion May 3, 2007: The following questions and concerns were voiced at the Subdivision Committee meeting: 1. Preservation of existing trees adjacent to a proposed waterline easement and fence. The applicant's intent is to preserve as much of the existing canopy as possible for the purposes of privacy and screening. The applicants intend to preserve 23.5% of the existing 28.9% tree canopy. The removal of canopy is due to the need for an driveway from Ivey Lane to serve the development and for a required easement from Ivey Lane into the development. The proposed fence will not remove any existing canopy. 2. The use of property as described seemed to be more of an institutional use rather than a residential use. The proposed use of the property is for a family shelter that will provide transitional/short-term housing for people coming from abusive environments. The facility will also contain office space for staff and counselors and individual rooms for families. 3. Clarification was requested regarding the 1.5 -acre site and the 1.5 -acre buffer. Staff has included some documentation regarding the use of each property. The interior 1.5 -acre property will be owned by the Project for Victims of Family Violence, Inc. (d.b.a. Peace at Home Family Shelter) and will contain all of the developed area. The outer 1.5 -acre property will be leased from the City of Fayetteville by the P.A.H. Facility until such time that the City of Fayetteville sells the surrounding land, which includes the 1.5 -acre tract. At such time, the outer 1.5 -acre tract will be deeded to the P.A.H. Facility bringing the total land area to 3 acres. Surrounding Land Use/Zoning: Direction from Site Land Use Zoning North Single-family residence City of Springdale South Undeveloped R -A, Residential Agricultural East United Way Office R -O, Residential Office West Undeveloped R -A, Residential Agricultural K:IReports120071PC Reports105-14-071R-PZD 07-2531 (PAH Facility).doc Water & Sewer: Water service is available through the City of Springdale. Sewer service is currently not available to the property. A septic system is proposed to be constructed within a temporary lease area provided by the City of Fayetteville. At such time that sewer service is available to the property, the septic system shall be removed and the development will connect to a sewer main. Access: Access to the proposed development would be directly off of Ivey Lane, which is located within the City of Springdale by means of a 24' wide driveway that will be constructed within an existing access easement that was dedicated by the City of Fayetteville. A parking lot will be constructed interior to the property. Adjacent Master Street Plan Streets: Ivey Lane (Local Street) Street Improvements: City of Fayetteville will be in discussions with the City of Springdale to determine the extent of any improvements to Ivey Lane, which is located within the City of Springdale. Tree Preservation: Existing Canopy: 28.9% Preserved Canopy: 23.5% Required Canopy: 25% Mitigation Required: Yes; 9 (2) inch caliper trees planted on -site. Recommendation: Staff recommends forwarding R-PZD 07-2531 to the City Council with a recommendation for approval with the following conditions of approval: Conditions of Approval: 1. Though Use Unit 26 (Multi -family) is a permitted use by right, the use of the property shall conform with the stated intent of a shelter/rehabilitation center as noted in the project submittal booklet and staff report. 2. The associated property line adjustment shall be filed of record after City Council approval of the Planned Zoning District, but before approval of a building permit. 3. Conditions of approval included in the tree preservation and landscape plan reports prepared by the Urban Forester are included in the official conditions of approval, herein. 4. All requirements of the Fayetteville Fire Department associated with service of the facility shall be completed prior to Certificate of Occupancy unless otherwise approved by the Fire Chief. 5. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. K:IReports120071PC Reportsl05-14-071R-PZD 07-2531 (PAHFaciliryj.doc 6. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 7. Phasing: This project is required to obtain all permits in accordance with the timeframe for LSD's as outlined in the Unified Development Code Chapter 166.20, with the exception of the 2,800 future addition which may be constructed at some future date pursuant to all applicable ordinances and conditions of R-PZD 07-2531. Standard Conditions of Approval: 8. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground -mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 9. The proposed location of the trash enclosure will not be visible from any right-of-way and therefore screening of the dumpster shall be at the discretion of the developer(s). Should the location of the trash enclosure change, or if additional trash enclosures are required, the owner/developer shall coordinate these changes with the Planning Department pursuant to all applicable ordinances. 10. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Signs are not allowed to be placed in utility easements. 11. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 12. 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). 13. Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar digital format. 14. 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. 15. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. K: Reportst20071 PC Reports 105-14-07IR-PZD 07-2531 (PAH Faciliry).doc 16. Large scale development shall be valid for one calendar year. 17. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Additional conditions: 18. Planning Commission Action: ❑ Tabled 4 Forwarded to City Council Motion: Myers Second: Pate Vote: 8-0-0 Meeting Date: May 14, 2007 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature K: IReports120070'C Reports105-14-071R-PZD 07-2531 (PAH Faciliry).doc Date Findings associated with MDP R-PZD 07-2531 (P.A.H Facility) Sec. 166.06. Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the City Plan 2025; FINDING: The Future Land Use Plan adopted as part of City Plan 2025 designates this property as Civic and Private Open Space/Parks, as part of the City's owned property. The City Council has opted to sell a portion of the property, however (1.5 acres), to be utilized for a facility as proposed herein. A zoning action is required, and comments herein reflect this review. The proposed development is in compliance with the requirements of the Unified Development Code, specifically Chapter 166.06 Planned Zoning District. Rezoning this property to R-PZD 07-2531 for a family shelter with a 1.5 -acres tree preservation/buffer area is consistent with land use planning objectives and provides for a development that is compatible with surrounding land uses. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be compliant with applicable statutory provisions. (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services; FINDING: The impact of the rezoning and subsequent development would require the provision of public facilities, at the cost of the developer. However, the nature and scale of the development will not substantially impact public facilities and services. As indicated in the submittal and the staff report, certain measures are to be taken to ensure adequate infrastructure improvements are made by the developer to ensure the level of service does not decline due to the proposed development. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, would allow for the development of a facility that provides short-term housing for people coming from abusive environments. The proposed zoning criteria and master development plan would consist of a two-story housing facility and an interior parking area, all surrounding by a 1.5 -acre buffer/tree preservation area. The building design and materials in conjunction with the 1.5 -acre, densely wooded buffer area provides for an acceptable development that is compatible with both the surrounding residential properties and K:IReports12007lPCReports 105-14-071R-PZD 07-2531 (PAH Fad ifiry).doc undeveloped rural lands. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The subject property is an undeveloped relatively flat site with tree canopy concentrated along the Ivey Lane. It is the intent of the developer to maintain as much of the vegetative buffer as possible. The only reason for removal of canopy along Ivey Lane is due to the need for a 20' utility easement to serve the development. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: The intended land use for a family shelter, which will also include support staff, will have minimal impact to the existing traffic conditions. This site has direct access to Ivey Lane, which intersects Crossover Road (State HWY 265). Improvements to Ivey Lane have not been recommended at this time, due to the fact that it is located within the City of Springdale. Staff will be in contact with the City of Springdale to determine if any improvements will be required. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: The booklet and master development plans submitted provide for said unified development control. (8) Whether any other recognized zoning consideration would be violated in this PZD. FINDING: No other zoning considerations are proposed to be violated. (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. K: tReportst20071PC Reports05-14-07R-PZD07-7531 (PAH FacilW).doc FINDING: The proposed P.A.H. Facility will provide a high level of compatibility with surrounding properties by using materials and architectural features that are consistent with residential design. Offices for the United Way are located to the west of the subject property; however, the majority of properties along Ivey Lane are rural -residential in nature. By preserving a large percentage of the existing tree canopy, the development will respect the natural site amenities and at the same time provide a wooded buffer between the public right-of-way and the building. Additionally, the parking area for the development will be located behind the building, far out of view from passing motorists. (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 and landscaping will be required for any parking areas adjacent to the street, although the tree preservation area will entirely screen both the building and parking lot. Landscaping is to be provided interior to the site in compliance with the Unified Development Code. (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. (0 Design provisions for ingress and egress for any site along with service drives and K:IReportsl20071PC Reports 105-I4-071R-PZD 07-2531 (PAH Faciliry).doc interior circulation shall be that required by Chapter 166 Development of this code. FINDING: As indicated on the site plan and referred to in the project booklet, a single point of access into the development will be provided directly off of Ivey Lane. (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. FINDING: Parking will be provided in an interior surface parking lot. All parking ratios have been met and reviewed in detail as part of the large scale development. (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: This requirement has been met. (6) Sidewalks. As required by § 166.03. FINDING: Public sidewalks are not proposed to be constructed with the development as the street right-of-way in which the sidewalks would be located is within the City of Springdale. (7) Street Lights. As required by § 166.03. FINDING: One street light is proposed to be constructed at the entrance to the development. (8) Water. As required by § 166.03. FINDING: Public water is to be provided by the City of Springdale. (9) Sewer. As required by § 166.03. FINDING: Sewer service is currently not available to the property. A septic system is proposed to be constructed within a temporary lease area provided by the City of Fayetteville. At such time that sewer service is available to the property, the septic system shall be removed and the development will connect to a sewer main. (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. K:I Reports120071PC Reports 105-14-0718-PZD 07-2531 (PAH Faciliry).doc (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 existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council. (viii) The width of private streets may vary according to the density served. The following standard shall be used: K:IReportsl2007iPC Reports O5-14-07(R-PZD 07-2531 (PAH Faci/ity).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: The applicant does not propose public or private streets. (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: All development on the site shall be phased according to the phasing plan and conditions herein. (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: A full Tree Preservation Plan has been submitted as part of the Large Scale Development and will comply with the requirements for tree preservation as set forth in Chapter 167. The majority of the existing tree canopy along Ivey Lane will remain. (13) Commercial design standards. All PZD developments that contain office or K:IReports120071PC Reportsl05-14-0718-PZD 07-2531 (PAH Facility).doc 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: The structure is principally residential in nature and is not subject to commercial design standards. (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: No scenic views are identified, and the height of proposed structure (two story) is not out of proportion with any surrounding properties. (E) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (c) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that_the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (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 K:IReports120071PC Reports05-07-2531 (PA!! Facility).doc 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. (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. The association must be able to adjust the assessment to meet changing needs. K: lReporlsl2007lPC Reports105-14-071R-PZD 07-2531 (PAH Faciliry)doc FINDING: The applicant shall comply with these requirements. Sec. 161.25 Planned Zonine 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_ (10) Special Features. Better utilization of sites characterized by special features of - geographic location, topography, size or shape. FINDING: Staff finds that the proposal meets many of the purposes and intents of the Planned Zoning District Ordinance. As noted within the PZD ordinance, the rezoning of property to the PZD may be deemed appropriate if the development proposed for the K:IReportsl2007tPCReports 105-14-071R-PZD 07-2531 (PAH Facility).doc district can accomplish one or more of the following goals: 1. Compatibility — As noted in previous findings, the development provides flexibility through building design and by preserving existing tree canopy to serve as a natural buffer. 2. Harmony — The proposed PZD allows for a creative and orderly arrangement of land uses that would not be permitted under a standard zoning designation. Additionally, the development provides a service that will benefit numerous individuals and families within our community. 3. No negative impact — The proposed development provides an appropriate land use transition from Crossover Road and should not negatively impact future development. 4. Natural Features — The proposed development will have minimal impact on the existing wooded area along Ivey Lane. This area will be included within a tree preservation easement to ensure protection from future development. (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 submitted development plats and Master Development Plan booklets, along with the conditions of approval found applicable and appropriate, are binding with the approval of the requested rezoning. Should the Planning Commission forward this item to the City Council, an ordinance will be drafted for consideration of rezoning this property in accordance with the submittal herein. (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 City Plan 2025 and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. K:IRepor!s110071PC Reports05-/4-07R-PZD07-253/ (PAH Faciliry).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. FINDING: Staff is recommending approval of this application, finding the proposed PZD meets the intent of the PZD ordinance as noted above. (2) Permitted Uses. All permitted uses identified within § 162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. FINDING: Permitted and Conditional uses are outlined in both the Master Development Plan booklets and plats. (4) 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 majority of structure will be utilized as a residential type facility, although approximately 5,600 sq. ft. will be dedicated office space for counselors and staff. (F) Bulk and area regulations (1) Residential density. Residential densities shall be determined on the basis of the following considerations: (a) The densities of surrounding development; (b) the densities allowed under the current zoning; (c) the urban development goals and other policies of the city's General Plan; (d) the topography and character of the natural environment; and (e) the impact of a given density on the specific site and adjacent properties. K IReports120071PC Reports 105-I4-071R-PZD 07-2531 (PAH Facility).doc FINDING: Although Use Unit 26 (Multi -family dwellings) is a permitted use by right, the facility will not function as a typically multi -family development. The purpose of the development is to serve as short-term housing for families coming from abusive environments. (2) Lot area and setback requirements. Taking into consideration the unique aspects of each project, preliminary development plans for Planned Zoning Districts shall conform as closely as possible to the existing standards for lot area minimums and setback requirements under this chapter. FINDING: The subject development will be located on property that is currently zoned R- A, Residential Agriculture. Part of the reason for the Planned Zoning District request, is that as part of the sale agreement with the City of Fayetteville, only 1.5 -acres will be purchased. The purchased property would not meet the minimum lot are requirement of 2 acres and would not meet the minimum lot width of 200'. However, future sale of the surrounding property owned by the City of Fayetteville will result in an additionally 1.5 - acres being deeded to the P.A.H. Facility. At this time, the most appropriate manner to review the use of the land is the PZD application process. (3) Building height. There shall be no maximum building height except as may be determined by the Planning Commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. FINDING: The maximum building height for the proposed development is 32'. Any building which exceeds the height of 32' shall be set back from any boundary line of any residential district a distance of 1' for each foot of height in excess of 32'. (4) Building area. The Planning Commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. FINDING: The maximum building area is 60%. *Required Findings for Rezonine Request. Land Use Plan: The City Plan 2025 Future Land Use Plan designates this site as a Civic and Private Open Space/Parks, due to its ownership by the City of Fayetteville. Rezoning this property to R-PZD 07-2531, with the associated Master Development Plan, does not meet this designation, due to the fact that the City has approved the sale of the property for said use. However, the proposed plan, commitments, design standards and other conditions placed upon K:IReporm120071PC Reports05-I4-07R-PZD07-253/ (PAH Faciliry).doc the project will result in a compatible development that is consistent with the goals and policies of the Planned Zoning District Ordinance. 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: Staff finds that while the development of property located within the Future Land Use designation of Civic and Private Open Space/Parks is not consistent with City Plan 2025, the development as a whole is very consistent with land use principles and polices as adopted by the City Council, and meets the intent of the City Council when it decided to sell this land adjacent to the United Way for this worthwhile purpose. As outlined in the findings of the report, the project meets or exceeds many of the policies adopted with Planned Zoning District ordinance. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: At this time the property is zoned R -A, which does not allow for any of the proposed uses. Staff finds that predominantly residential use is appropriate in this location. Rezoning of this property as proposed is advisable. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Based on the low impact development proposal, staff does not find that rezoning the subject property to R-PZD 07-2531 will create or appreciably increase traffic danger. 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: Staff finds that the proposed development will not alter the population density and thereby undesirably increase the load on public services. Engineering: The property will be served by the City of Springdale for water service, which will need to be extended to the property at the time of development. A septic system is proposed to be constructed within a temporary lease area provided by the City of Fayetteville. At such time that sewer service is available to the property, the septic system shall be removed and the development will connect to a sewer main. K: Reports110071PC Reports 103-14-0718-PZD 07-2531 (PAH Facility).doc The site has access to Ivey Lane, which is currently unimproved in this location. However, the public street is located within the City of Springdale, and any improvements will have to be coordinated there. Standard improvements and requirements for drainage will be required for the development. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter population density and will not create an undesirable increase on police services. Fire: The subject property is located less than 4.4 miles from Engine No. 4 located at 3385 N. Plainview, with an estimated response time of 11 minutes. After the new Fire Station No. 5 opens at Crossover Road and Old Wire Road the response time will be reduced to 5 minutes. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K:IReporn120071PC Reports105-14-07R-PZD 07-2531 (PAH Faci((ry).doc aeei ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of May 14, 2007 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: May 9, 2OO7 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM # PZD 07-2531: Planned Zoning District (Peace at Home Facility) Requirements Submitted: T Initial Review with the Landscape Administrator T Site Analysis Map Submitted T Site Analysis Written Report Submitted T Complete Tree Preservation Plan Submitted Canopy Measurements: FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site is primarily open. There is a thick vegetative buffer of significant trees, vines, and shrubs along Ivey Road. It is the intent of this development to maintain as much of that vegetative buffer as possible. The only reason for removal of canopy in the above calculations is due to the request of the utility companies for an additional 20 foot easement to access the site. It is the intent of the applicants to try to preserve as much of the canopy within that area as possible although by ordinance it can not be counted in their favor. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Environmental degradation should not occur on this site. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. Canopy removed should not affect the adjacent property owners. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • N/A Whether the size or shape of the lot reduces the flexibility of the design. • Size and shape of the lot should not reduce flexibility of design. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The general health of these trees is good to fair. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • The trees marked for removal are found within a required utility easement. Once the installation occurs, little additional removal should be required as all will be underground. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • Canopy removed on this site is for the installation of essential public utilities. The applicant wishes to keep all vegetation possible but by ordinance can not count it as preserved. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • With the thick buffer, there is little flexibility with location utilities without impacting these trees. Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. Mitigation will be required on the site to replace the 1,913 square feet of canopy removed. These mitigation trees will be extremely beneficial to this area. The effect other chapters of the UDC, and departmental regulations have on the development design. • N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: • N/A The impact a substantial modification or rejection of the application would have on the Applicant: • Staff is recommending approval of the submitted Tree Preservation Plan with the following Conditions of Approval. Conditions of Approval: 1. The applicant is showing more mitigation trees than required. There are several trees planned in the parking lot that are in excess of the requirements. Before construction documents and the final landscape plan have been approved, staff would recommend revising this plan and delineating those specific trees as mitigation trees. 2. Mitigation will be required to replace 1,913 square feet of canopy removed. This will equal 9 (2) inch caliper large species trees to be planted on -site. 3. Before final Certificate of Occupancy these 9 trees must be planted and a letter of credit, bond, or check shall be deposited with the City of Fayetteville for $2,250. This amount is held for 3 years and released after the Urban Forester has inspected the trees and found them to be 90% healthy or better. 4. On the easement plat, the treed buffer area along Ivey Road will be dedicated as a Tree Preservation Area to ensure future protection. This dedication will removal all developmental rights from the land. The area should not include any of the utility easements including drainage. Please have this Area called out and the Tree Preservation Aiea Signature Block added to the easement plat. py I 'I a 1I • 1 1 II'I 9, • / I I'I planting I III U,.. rI /iii,. •'• 1 a a I/ a I •• Sill I I • /11 evergreen) f h R F4 L _ .ry. + 56e E�4 yYi Z T a S[j)$.A. T � J {t}3^ t } yvYn nA y§3A 4{i 8 11 IZt r f" 114 °ej .. v is FF L M0. r N.f i9 e. y}v£1'* t � flxY f fT1 rtN fl }i va L ��� Gi...-n hot Cfl i k. 0 h F IRI`<% �n � i[�}1.}l.�"ssY itSi- S•U_iaJ'J .�'. "SIY�%NQl}u.y 3hlp$'ut �iay ® 1 1 1 ! ®_ ®y- AA r11 ti } �/ • 1 11 111 1 1 1 1 1' Jy �y°[}i x• 1!♦ I}' MS.f('p{K "'"4Ye'ITfIWU •— 4�t :•e.� ♦ p W _ +biss'° ipy {ymCpi e e� b 4ib 5 tl p�Y\HU 3a�•l i{11 �V�11�1Mh."+K$Y dtx�� •Yy l44 } Y i F^— • 1 v v 1 1 11 1 1 F 1 1 ®- I I '1 11 I ®_ 11 I 1 Ii1JjtlN a I e r Irf ® -tin 1 II II'I II 1' I I I I' I 1 1 II •II'II ® _ r 1' I •I II •• 1 I % ®- II ' 1 1 1 11 1 1 1 1 1 ®- " 9 p 1 111 1 11 tcoaulILt m9�yyaj- 5., rM�� r:�1 YIWil 'Ai 1 I 1 1 ' 111 I ©_ . I 1 1 1 1 1 1 © 11 I J 1 1 1 I ©- 1 1 1 1 1 1 1 1' ' 1 fl Conditions of Approval: 1. Please review the report above and address all comments marked with the letter N. 2. Prior to building permit, a cost estimate for all required landscape is to be submitted to the Urban Forester for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. PZD 07-2531: Planned Zoning District (P.A.H. FACILITY, 21): Submitted by CITY OF FAYETTEVILLE for property located at IVEY LANE, 1/4 MILE E OF HWY 265. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.50 acres. The request is for a residential facility with 5677 s.f and associated parking. Planner: Jesse Fulcher Public water is located along Ivey Road. This property is served by the City of Springdale for water service. Water service will need to be extended to the property at the time of development. Sanitary sewer is not available on the site. A septic system is proposed for this development. The site has access to Ivey Lane. Ivey Lane is an unimproved, narrow roadway in this location. This public street is located within the City of Springdale. Standard improvements and requirements for drainage will be required for the development. 4. RZN 07-2520: (KARAS, 439): Submitted by ROBERT KARAS for property locjd at 484jW. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL-- AGR7NULTURAL and contains approximately 1.50 acres. The request is t zone the subject property t -O, Residential Office. Jesse Fulcher Public water is loca adjacent to the sit ere is an 18" waterline along the south side of Wedington Drive. Wa service mjylceed to be extended through the property at the time of development. Sanitary sewe/avail is a on t ite. There is a 6" sewer main through the property. Improvementswer system be required dependent upon the demand placed by the development. city of the existThwain may need to be studied at the time of development The sias access to Wedington Drive. Wedington is ar i droved 4 lane state highway in this improvements and requirements for drainage will be required for the development. RZN 00-2547: (W OR S/D, 513): Submitted by JORGENSEN & ASSOC for property located at 6350 SELLERS D. The property is zzanert LSE -7 SINGLE FAMILY -2 UNITS/ACRE and contains appib%4ateJy342Iicres. The request is to rezone lot -67 to RSF-4, Residential Single Family, 4' �ts per acre. Lots 1-33 to remain the current designated zoning of RSF-2. / Planner: Andrew Gamer Public water is 9Dd1idjacent to the site. There i 8" waterline along Double Springs Road. Water servjcelfas been extended through the property at ime of development. Spn1ary sewer will be available on the site. There is a proposed seweitThststkijpn the property to the northeast of this development. There are currently discussions between the Date 3/27/07 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed PZD 07-2531: Planned Zoning District (P.A.H. Racility, 21): Submitted by City of Fayetteville for property located at Ivey Lane, % mile E. of Hwy. 265 would substantially alter the population density and thereby increase the load on public services and create an appreciable increase in traffic danger and congestion. The property is zoned R -A and contains approximately 1.50 acres. The request is for a residential facility with 5677 s.f. and associated parking. It is the opinion of the Fayetteville Police Department that this PZD will not. substantially alter the population density or create an undesirable increase in the load on police services. It will not create an appreciable increase in traffic danger and congestion in the area. Sincerely, Captain William Brown Fayetteville Police Department Fayetteville Fire Department To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson Asst Chief Bud Thompson From: Captain Dale Riggins Date: April 3, 2007 Re: April 4, 2007 Zoning Review — Fire Department Comments PZD 07-2531 (PAH Facility) This 1.5 acres is covered by Engine 4 and Ladder 4 located at 3385 N Plainview. It is 4.4 miles from the station with an expected response time of 11 minutes Once the new Station 5, located at Old Wire and Crossover, opens the response ti will be reduced to 5 minutes. The Fire Departments anticipates 6 (4 EMS - 2 Fire/Other) calls for service per ye when the facility is opened and at maximum capacity. There should be no adverse effects on our call volume or response time. ns.. w.ts.�a to___-` - 999 coverb n ithe ' n wi Flothis an a ' 'ed calls y this kind of des N 07-2547 (W"M T(is 34.4 is acres #re It is 3.4 miles frorj th4 binning of this eve fir5t unit on the 4ene all Iresoondinq uijits to 90To of the tii ThgFire Depa yea once the The Service in 7 at 835 R le Road. an expe d re onse time of i is 15 gallons inute. / on prop�cQg..tfiat are to be zo'Ir ed C-1 does not adversely affect our call volume. or S/D) )vered by Engine 7 at 835 Rupple station with Mexpected respon9l in 6 mint scene of a ates 46(22 is but and pact of this evel pment v s started, an units be effects on our call volume onse time is 90% of the I 'derate risk a t%ne of 7.5 minutes to the e ur goal of having the ar4J our go f a emblinc im nt wit ' 10 mi tes. - 14 ref Other) call for service p mu build out h s curred. .ypi ally take eig t n months after th to a occupied, t occur. There should sponse time. Please feel free to contact me if you have any questions concerning the comments ia9Ziq& Captain Dale Riggins Fayetteville Fire Department M ` G „ a . 43 it I ;.3t]LPJit ad_,.. • AAA"' .pis rrctsEl a e 3 r � I 'Mc'wt�f�f^�'r � i _ .'Y' .,. [ ��.t ff.� " x r .@n''iFN•�;I! a „ [ v. [ . J • } I'L i CC } ;; sue' r l i „`3.I Key k '• > ILL' „ r w "' ., b9ay� !'� CMI Engineering & Surveying 3561 N. College / Fayetteville, AR 72703 PH: 479-442-9350 / FAX: 479-521-9350 March 15, 2007 Planning Staff City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 Re: 06-851 Peace at Home Ivey Road, Y. mile east of Hwy 265, Fayetteville, Arkansas Dear Planning Staff, The proposed development is a Housing Facility, which is located on the south side of Ivey Road, ''A mile east of Hwy 265. Currently the site is a 1.50 acre undeveloped tract with no tree cover. It is the intent of the owner to presently construct one Rehabilitation Home, with paved areas for parking along with the necessary utilities. Owner: PAH PO BOX 1923 Fayetteville, AR 72702 Sincerely, Kashi Kumar, E.1. Bates & Associates, Inc. City of Fayetteville, Arkansas ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING Today's Date: April 10.2007 APPLICANT/REPRESENTATIVE CONTACT INFO: Kash Kumar El. Bates & Associates, Inc. 3561 N. College Ave. Fayetteville, AR 72703 Sub -Division Meeting: Thursday, May 3", 2007 at 9:00 a.m. Fayetteville City Administration Building 113 W. Mountain Street, Room 219 Planning Commission Meeting: Monday, May 14th, 2007 at 5:30 p.m. Fayetteville City Administration Building 113 W. Mountain Street, Room 219 PROJECT DESCRIPTION: Name: PAH Address/Location: The property is located East of Highway 265 adjacent to the United Way building along Ivey Ln. Description of project plans: PAH is a women's shelter. The project consists of one building to be located behind an existing tree buffer area. The project will also consist of associated parking, detention and a fence. ADJOINING PROPERTY OWNERS COMMENTS (Return Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described project. I do not object to the project described above. I do object to the project described above. �' n, . g I,1 i jDf `40'^4. Arit-G"i'.""' Name of Property Owner (P to 1 O- ,1 Q ,i TIL ae� Pte• e ti .��.Q Si of Property r eQ `T j�M¢-�Je,4ea/1 i tC �jW�l 4VLG s.�-e� RuCt l vQ / .) , 6a�° , 7 !d kL�i t e2,1 e quo uI1<� dt .,tom -11 3 fl&4tt 12e g4 City of Fayetteville, Arkansas ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING Today's Date: April 10.2007 APPLICANT/REPRESENTATIVE CONTACT INFO: Kash Kumar El. Bates & Associates, Inc. 3561 N. College Ave. Fayetteville, AR 72703 Sub -Division Meeting: Thursday, May 3", 2007 at 9:00 a.m. Fayetteville City Administration Building 113W. Mountain Street, Room 219 Planning Commission Meeting: Monday, May 14th, 2007 at 5:30 p.m. Fayetteville City Administration Building 113 W. Mountain Street, Room 219 PROJECT DESCRIPTION: Name: PAH Address/Location: The property is located East of Highway 265 adjacent to the United Way building along Ivey Ln. Description of project plans: PAH is a women's shelter. The project consists of one building to be located behind an existing tree buffer area. The project will also consist of associated parking, detention and a fence. ADJOINING PROPERTY OWNERS COMMENTS (Return Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described project. ~ I do not object to the project described above. I do object to the project described above. ALA 4. W. . �II.,11111 ��� City of Fayetteville, Arkansas ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING Today's Date: April 10.2007 APPLICANT/REPRESENTATIVE CONTACT INFO: Kash Kumar EL. Bates & Associates, Inc. 3561 N. College Ave. Fayetteville, AR 72703 Sub -Division Meeting: Thursday, May 3 °, 2007 at 9:00 a.m. Fayetteville City Administration Building 113W. Mountain Street, Room 219 Planning Commission Meeting: PROJECT DESCRIPTION: Name: PAH Monday, May 14th, 2007 at 5:30 p.m. Fayetteville City Administration Building 113 W. Mountain Street, Room 219 Address/Location: The property is located East of Highway 265 adjacent to the United Way building along Ivey Ln. Description of project plans: PAH is a women's shelter. The project consists of one building to be located behind an existing tree buffer area. The project will also consist of associated parking, detention and a fence. ADJOINING PROPERTY OWNERS COMMENTS (Return Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described project. I do not object to the project described above. I do object to the project described above. �6L.+ fktCl Name of Property 0wnerPrinted) Le r& n 14 /; d� A 7ciy FAYETTEVI LLE THE CITY OF FAYETTE VEEIE, ARKANSAS KIT WILLIAMS, QTY ATTORNEY DAVID WHITAXER, AST. CITY ATTORNEY DEPARTMENTAL CORRESPONDE Waive Requirements of TO: City Council FROM: Kit Williams, City Attorney DATE: December 28, 2004 RE: Peace at Home Family Shelter The Project For Victims Of Family Violence, Inc. has secured a substantial grant from the Reynolds Foundation to construct a new Peace at Home Family Shelter to serve Fayetteville and Northwest Arkansas. An ideal location for this new shelter would be on city land off Highway 265 near Lake Fayetteville. This land was appraised earlier this year at $20,000.00 per acre. The Donald Reynolds Foundation requires the nonprofit corporation to own the land upon which the new shelter will be built. Thus the Project For Victims Of Family Violence, Inc. needs to purchase 1.5 acres at $20,000.00 per acre for -a total of $30,000.00. Because of time constraints, the sale of land code section must be waived in order to accomplish this sale so as not to endanger the Reynolds grant to the Project For Victims Of Family Violence, Inc. Therefore, I have drafted an ordinance to that effect and to approve the sale of the 1.5 acres for $30,000.00. The Project For Victims Of Family Violence, Inc. also needs a buffer/protection zone of 1.5 acres around their facility which we can lease to them in exchange for the Project For Victims Of Family Violence, Inc.'s services to Fayetteville residents. I have drafted a Lease for Buffer Area and a Resolution to accomplish this. C. 10 Violence, Inc. Page 1 of 10 C. 10 Waive Requirements of 34.27 for the Project for Victims of Family Violence, Inc. Page 2 of 10 No sewer is currently available to this site. Once the federal restrictions on development are shifted from this area to Lake Sequoyah, the remaining acreage could be sold to a developer who would be required to provide sewer main service to the whole site (including the Peace at Home Family Shelter). In order to have a buildable site, we need to temporarily lease .69 acres for a sewer system area (septic tank and lateral lines) and a temporary 70 -foot wide access easement. Once sanitary sewer mains and access from an internal street are available, these leased areas revert to the City to be sold along with the remaining acreage. I have drafted a Lease and Resolution to accomplish this. I regret submitting this at the Agenda Meeting, but the final details were not finished in time for inclusion into the tentative Agenda and time constraints require we move forward quickly now so the grant for this vitally needed shelter will not be endangered. ORDINANCE NO.4 6 7 0 AN ORDINANCE TO WAIVE THE REQUIREMENT OF §34.27 OF THE FAYETTEVILLE CODE, AUTHORIZE THE SALE OF 1.5 ACRES FOR AN APPRAISED VALUE OF $30,000.00 TO THE NON-PROFIT CORPORATION, THE PROJECT FOR VICTIMS OF FAMILY VIOLENCE, INC. AND TO DECLARE AN EMERGENCY WHEREAS, The Project For Victims Of Family Violence, Inc. is a non- profit corporation which has long served the needs of residents of Fayetteville and surrounding communities, but has outgrown its facility; and WHEREAS, The Project For Victims Of Family Violence, Inc. has secured a generous grant from the Donald W. Reynolds Foundation to construct a larger and better equipped new facility and needs a more central location to serve not only Fayetteville, but our neighboring cities to the North; and WHEREAS, this grant could be lost and this needed expanded facility might not be able to be constructed unless the sale of city land can be immediately authorized by the City of Fayetteville. 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 determines that the vital need for an improved and expanded facility for victims of family violence requires an immediate sale of one and one half acres of city property to The Project For Victims Of Family Violence, Inc. at a per acre value as independently appraised earlier in 2004 and therefore waives the formal requirements of §34.27 of the Code of Fayetteville regarding the sale of city land. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the land sale contract attached as Exhibit "A" selling 1.5 acres of city property as described in the deed to The Project For Victims Of Family Violence, Inc. for Thirty Thousand Dollars ($30,000.00). Section 3: Emergency Clause. If the sale of this 1.5 acres is not effective immediately, The Project For Victims Of Family Violence, Inc. may lose its substantial grant from the Donald W. Reynolds Foundation which is necessary for the construction of an expanded and improved battered women's shelter to better serve local victims of domestic abuse. Therefore, the city Council hereby determines and declares that an emergency exists, that it is necessary for the preservation of the public peace, health and safety that this ordinance become effective without delay, and that therefore because of this emergency, this ordinance shall be effective immediately upon its passage. PASSED and APPROVED this 4th day of January, 2005. APPROVED: ATTEST: By: Q�"e SONDRA SMITH, City Clerk SM 4 ,,e K �� r?.::,; T e t, �. y� tl for ViCtlt 1�i6ago5o f 10 qY Y Y 43♦ Y 4 ` T p_ v J[j x i nayfY e fF! ` ♦ S�4�bv ' ��,,$$�� i fi. ��..p " c c i i Vl_: ��2 x�i* 1`t 9h \~ ♦ t!' Y� ro ��y`'�id¢i : l``: �ACitn - S� + 1� • 4'Xx{ EI . .:re>X�'�ap. `T Sete y rq A'Yx'K� 14` <%il�'. .♦ e i' : I) \ \M� } f y �,` 1 Y♦� 4 s+t✓a n v l' is Y 4.r�. � a � •Y` Nsr z}..0 }s I,` : + nr Ssat"e4�" x� .♦ zr ''�.yi. iF ... 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Aa 4)11 ) A FROM : PROJ VICTIMS OF FPM U1,tENCE FFmhi FAi( J[J. :4T34a<144` Dec. 23 2084 0_'':1gI'I P3 � Yom•\'\'. \�.yti ..�`u'f'aS ��.. � � /_. v _ _ 1• ` A•`' \.. `••, 2:'' `` �, 1 , 1 �. __ _ \ , ♦ $p4 FR( NO. : 4796871817 Dec. 28 2004 03:34PM P3 f.. `` \ j< ` • 1 .ref � ••i N. • •'.I I • ¼ } a i i i ' II ,; y) I Jr• II r �1 i \ 1 L �+ a Jrl i ! i j ./ / r % �O t U ;(i ; I? iii7it 1115 C ( I , l 1 + '. 1, 1 �• I ar • - - -I.- - -2:- .-• - - OL 109 abed aul 'aouaI0!A E1iwej !o swlpin wl pafo!d ail ;ol LZ 6E 10 sluawaiinbaa ar1leM ova • 'Iv Page 8 of 10 Kit, This is what I understand from our meetings with Mayor Coody. Please call my office at 444-8310 and ask for Bobbin if you want to talk to me today. She knows how to get find me. FOR: The COUNCIL MEETING of January 4". (That was agreed to at the last agenda setting meeting) ORDINANCE OR RESOLUTION TITLE AND SUBJECT (or whatever you want it to say.) Sale and lease of Property to the battered women's shelter, the Project for Victims of Family Violence, Inc — doing business as the Peace at Home Family Shelter. An ordinance waiving the requirements of the current city ordinance regarding the sale of public land and • approving the sale of 1.5 acres of land to the Project for Victims of Family Violence, Inc. (d.b.a. Peace At Home Family Shelter) at fair market value based on a recent appraisal valuing the land at $20,000/acre and • leasing approximately 1.5 acres for a period of time not less than 35 years. An additional .69 acres will be leased for the purpose of a water treatment system, and this land will go to the buyer of the remaining land when the shelter is hooked up to the anticipated sewer system. Other contingencies: Revert clause including return of purchase price to Built and operating by the end of 2008 Long-term lease of 35 years, renewable for an additional 35 year with the agreement of both parties, in exchange for services to the citizens of Fayetteville valued at approximately $550,000 annually. (See history memo) Reynolds requires at least 35 years. You had mentioned it could be renewable for an additional 35 years. Land to be purchased is located on the City owned property on the east side of Hwy 265, south of Highway 412. Specific location identified on attached map. (We would need this from the city, our architect Jim Key knows exactly what we negotiated with the mayor. The encumbrance attached to this property will be transferred to other land owned by the city of Fayetteville by ????. (Approval by the governmental authority) Connie from Parks is working on this piece and knows the specifics. The sale of the remaining land in this parcel (roughly 43 acres will include a contingency that requires the developer (new owner of the land) to provide PVFV with road access and sewer hook-up, at which time the .69 acres of land for the water treatment facility will become the property of the owner of the remaining land. The Mayor understands this and thought it likely should be a separate contract. ',Kit Williams_.-BRIEFHISTORY.d1Ic � Page 9 of 10 BRIEF HISTORY: In 1977, community leaders came together to initiate a safe shelter and advocacy program for battered women and their children. This program, the Project for Victims of Family Violence, Inc. was the first such program to serve battered women in Arkansas. The first shelter facility was in a private house on the comer of Mountain and School streets. Very soon it became apparent that the 3 -bedroom house would be too small and that a shelter for battered women and their children needed to be located in a place where the abusers could not easily access the shelter. In 1977, there were no laws such as protection orders or no contact orders, so the abusers could stand on the sidewalk and shout up into the house, causing much disruption and fear. Since the private house was not working out as a safe shelter, the City of Fayetteville offered an approximately 3 -acre parcel of land with a building as an option for the shelter. In 1979, the Project for Victims of Family Violence, Inc. moved to this location on the south side of Fayetteville, where they have been ever since, leasing the land and facility for $1 a year. THE NEED: The current facility has six small bedrooms, one kitchen, one eating area, two small bathrooms and one living room. It is not uncommon that at any given time, six families will be living in the shelter, each with one to four children. When the shelter is full and another family needs immediate emergency shelter, we work to locate space in the only other shelters in the area. There is a shelter in Bentonville, one in Fort Smith, one in Tulsa, and one in Harrison. When a family has to travel to another area or even state, there is significant disruption for the children and their schooling andlor for the mother if she is working. There are no other shelters for battered women in Washington County or in Madison or Carroll counties. The requests for shelter and other advocacy services have increased 25% in just one year. The Donald W. Reynolds Foundation gave the Project for Victims of Family Violence a planning grant to develop a new shelter. In this fast growing area of Northwest Arkansas, and through our needs assessment, we determined that a new shelter has to be able to house at least 40 individuals in at least 12 bedrooms. We need a shelter location that is assessable to the region, and with at least three acres of land for the shelter, parking, play area, a buffer and the necessary storage. We have hired the firm of KAI, Jim Key the principle, and they have worked out the specific minimum land that is required for this program. ECONOMIC IMPACT: The Project for Victims of Family Violence, Inc. annual budget is approximately $550,000. 39% of our clients are city of Fayetteville residents. We estimate the annual value of our programs to the city of Fayetteville to be $214,500. We employ 15 full time staff and several part time staff and over 50 volunteers work with our programs. Many of the staff live and shop in Fayetteville, as do many of our board members and volunteers. Building a new expanded shelter in Fayetteville guarantees a long future of service to the residents of this community. Subdivision Committee May 03, 2007 Page 10 of 11 R- PZD 07-2531: Planned Zoning District (P.A.H. FACILITY, 21): Submitted by CITY OF FAYETTEVILLE for property located at IVEY LANE, 1/4 MILE E OF HWY 265. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.00 acres. The request is for a 5,677 s.f. residential facility and associated parking. Jesse Fulcher, Current Planner, gave the staff report. The proposal is for a housing facility on 1.5 acres that was split out from a larger parcel. An additional 1.5 acres is to be retained as a buffer area, with tree preservation protection where necessary. Staff discussed the use of a septic system for this project, as sewer is not available to the area. The septic system would be located within an easement area, and the property would connect to sewer once it became available. Access to water and streets are through the City of Springdale. Staff recommended forwarding the PZD request to the Planning Commission with a recommendation for approval, with conditions. Sarah Patterson, Urban Forester, stated that nine trees are required for mitigation. The plans as currently shown indicate more than that required, and may be reduced. The buffer area along Ivy Lane would be within a Tree Preservation area, which would remove developmental rights. Jarvis Teague, an adjoining property owner to the north, stated he had discussed the project with others before, but wanted to confirm a few things with the Committee. Teague stated he liked the tree buffer, and questioned where the entrance to the property was in proximity to Hwy 265. Teague stated it looked like a nice -looking facility. James Guerta, Bates and Associates (applicant), presented the project as 5,677 SF building in Planning Area 1. Planning Area 2 is comprised of a tree buffer, with the exception of utility crossings. Agreed with staff recommendations and conditions. Commissioner Lack stated he had a couple of concerns with the project. Once concern was preservation of the trees adjacent to the waterline easement, and the fence that was to be constructed was very close to many of the trees. He stated that because of the amount of trees, however, that concern could be benign. Lack also was concerned with the description of the use of the facility, which seems more institutional as a hospital than residential like the surrounding properties, and requested from staff a better explanation of the uses proposed. Jeremy Pate, Director of Current Planning, deferred the description of the project to the applicant, and noted that United Way, a non-residential use, is adjacent to the property to the west. Hannah McNeill (applicant) gave a description of the project, stating it was a family shelter and transitional, short-term housing for people coming from abusive environments. The first half of the building is for counseling, staff, offices and support groups that meet occasionally at night. The second half of the building is for shelter. The biggest part of the facility is safety and security of the women and children being sheltered. Subdivision Committee May 03, 2007 Page 11 of 11 Commissioner Lack inquired if there were to be any medical practice within. McNeill responded no. Commissioner Lack stated the description helped a lot, and cleared up his concerns. Moreover, he applauded the nature of the facility as designed. Commissioner Bryant asked for clarification in the booklet on the 1.5 -acre site and the 1.5 -acre buffer, and why the booklet stated this was the reason the building was within the setback. Fulcher explained the agreement with the City to purchase the land (1.5 acres). A buffer easement of 1.5 acres surrounding the property was also part of the agreement, and at the time of sale of the overall property, the 1.5 acres buffer area may be deeded to the facility for a total 3 - acre tract. Pate concurred with this explanation, stating that only '/2 of the actual property is being developed with this property. Because only 1.5 acres is to be developed, all construction was occurring on that portion of the overall 3 acres, which would not meet standard zoning criteria. Motion: Commissioner Bryant made a motion to forward the request to the full Planning Commission with the conditions of approval as recommended by staff, finding in favor of the project. Commissioner Cabe seconded the motion. Commissioner Lack concurred, the motion passed with a vote of 3-0-0. All business being concluded, the meeting adjourned at 9:56 AM. �... (7.207) Clarice Pearman - Ord. 5026, 5027, 5028 & 5029 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 7.2.07 4:25 PM Subject: Ord. 5026, 5027, 5028 & 5029 Attachments: 5029 Amend Ch 151-161 & 163.pdf; 5027 VAC 07-2568.pdf; 5028 Amend 161-163 & 166.pdf; 5026 R-PZD 07-2531.pdf CC: Audit; GIS Jeremy: Attached are the above ordinances passed by Council, June 19, 2007. Please let me know if there is anything else needed. Have a good day. Thanks. Clarke Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearmanSci.fayetteville ar us NORTHYJEST ARKANSAS EDITIOW • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Nathan Bogart, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Fayetteville: Ordinance No. 5026 Was inserted in the Regular Editions on: July 5, 2007 Publication Charge: $163.53 Subscribed and sworn to before me This day of , 2007. Notary Publi P7 — My Commission Expires: **N0TE** Please do not pay from Affidavit. Invoice will be sent. 1^Q 3 RECEIVED "TM JUL06 6 2007 a^ S CITY CF FAYETTEVILLE CITY CLERK'S OFFICE Thursday, Ju7P5 2001 Its By TIC CITY COUnM OP WE MMMY Of NYITE{YMLA Sectlm 1: That the zme ossification of tie Mlowfr,g described Property Is hereby changed as fd Iowa: Ran R -A, ResidenMJ Agricuihau to R-PZD 07.2511 PA.H. Facibty as Shawn in EWbn 'A end depicted in Exhibit V attached hereto and made a part hereof. Section 2: That the change In zoning daesificatim is based upon the approved roaster development Plan, development standards. staterrynt at oomdetteAsr and the condiflona at approval M nr, submN- ted, detmdned appropriate and approved by the ut y Copil; furttthat the rwndtiorb d approval shell be filed and avdlable far viwnin the e office d the Clly doe theasurer of the City of Fayetteville Section 3: Thai this ordinance shall take effect and be in fun force at such time as all Of be require- hlflnfad the mash tlshWPnerp Wan have bon met Section 4, That the office toning map d the City of Fayetteville. Arkansas. is hereby amended to reflect the zoning change provided In Sedtm T above. . gMUW dead OOIgVU this Igni day -Of date. 27. APPROVED: AT7E9P' Y N COOp1/r Manes . UMIN, OMI Clrkltyaadeaet EXHIBIT •Ais a map and may be NewW in lea OMaa of the City Clerkrilm urerdmngnormalbusi- roas houre.- R --2531 A PARE OF THE SOtJfl1€AST QUARTER OP THE . t.. QUARTER, SECTION IS, TOWN. SHIP 17 NORTH, RANG# 29 WEST. N01B tflTOWOOIIMyMTA QUARTWSAS BEING 8, U- LARLY DESCRIBED AS FOLLOWS: TO A TO A TIE CENTERLINE OF IVEY ROAD _ BUFFER FA9FAIFNT . C:] Fl ThE PURPOSE OF - AND MN—li—T -MANGE OF SAID 1 - RECEt��ED JUL06 6 2007 CITY OF FAYEiTEV11LE CITY CLERK'S OFFICE 1 I1II I1I I III 11111II 1II VIII III NI II HI N VIII VIII VIII VIII 111111 Doc ID: 011348210006 Tvoe: REL Recorded: 07/12/2007 at 11:16:18 AM Fee Amt: $23.00 Pace 1 of 6 Washington County. AR Bette Stamps Circuit Clerk File2007-00026716 ORDINANCE NO. 5026 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 07-2531, P.A.H. FACILITY, LOCATED AT IVEY LANE, 1/4 MILE EAST OF HIGHWAY 265; CONTAINING APPROXIMATELY 3.00 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the following described property is hereby changed as follows: From R -A, Residential Agricultural to R-PZD 07-2531 P.A.H. Facility as shown in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan, development standards, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville Section 3: That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this 19th day of June, 2007. APPROVED: By: ATTEST: rte• U .FAYETTEVILLE: • SONDRA SMITH, City Clerk/Treasurer