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HomeMy WebLinkAboutOrdinance 5082 REF: 2005-00050775 II�u�III�IIIWIII11N11�WIIIWII �Yll Filed: 09/20/2005 Recorded : 12/17/200070atr11 : 28 os An Doc. ID# 009328870002 Fee Amt : $40 . 00 Deoe i or a Meehington County , AR Bette atemoe Circuit Clerk F14007-00045814 ORDINANCE NO. 5082 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 05- 1599, ZION GARDENS, LOCATED IMMEDIATELY NORTHWEST OF THE INTERSECTION OF RANDAL PLACE AND ZION ROAD, CONTAINING APPROXIMATELY 13.55 ACRES, TO REFLECT REVISED CONDITIONS OF APPROVAL TO ELIMINATE THE REQUIREMENTS FOR PIER AND ABOVE- GRADE FOUNDATION SYSTEM ON LOTS 66-76, AS DESCRIBED HEREIN. WHEREAS, the City Council by approval of the associated Planned Zoning District required all homes located on Lots 66-76 to be constructed with pier and above-grade foundation system to save additional tree canopy and create fewer disturbances; and WHEREAS, upon inspection by the City Urban Forester it has been determined that the pier and above-grade foundation system required in Condition of Approval Number Eight (No. 8) of R-PZD 05- 1599 and Condition of Approval Number Three (No. 3) in FPL 06-261 is not necessary with the construction of a smaller building footprint on Lots 66-76; THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Condition of Approval Number Eight (No. 8) as approved for R-PZD 05- 1599 (Zion Gardens) and approved as Condition of Approval Number Three (No. 3) for the Zion Gardens/Lakewood Final Plat (FPL 06-2261 ), is hereby replaced with the following conditions: 1 . The construction of homes on Lots 66-76 shall be consistent with the building footprints as depicted on Exhibits "A" and `B". 2. The area for tree preservation on Lots 66-76 shall include the narrow canopied slope between the front porches and the meandering sidewalk. 3. Tree preservation fencing shall be installed along the limits of disturbance/dripline of the canopy along the southern portion of Lots 66-76 and inspected and approved by the Urban Forester prior to construction of any homes on those lots. 4. Tree preservation fencing may be removed or relocated only with specific approval from the Urban Forester. Page 2 Ord. 5082 5. Connectivity from the front porches of Lots 66-76 to the sidewalk shall be staked and approved by the Urban Forester prior to construction. 6. If trees or ground cover are removed in this area, replacement will be required. During the construction of homes on Lots 66-76, any damaged or removed canopy shall be mitigated for as specified in Chapter 176 of the Unified Development Code. Section 2. That the Final Plat for said subdivision shall be amended by way of documents to be recorded at the Washington County Courthouse and permanently filed with the Final Plat. Section 3. That the Planned Zoning District ordinance is hereby amended to reflect the change provided in Section 1 above. N,,,,1111 1 . - , PASSED AND APPROVED this 20th day of November, 2007. Qj, 'oly 0,' Q rcj Aa FAYEREVI l APPR;COODY, ATTEST: G TO N yam + "uiwiu sy: By:���.. IJ Mayo SONDRA E. SMITH, City Clerk/Treasurer ■ 0RR ( n frp i ■�Iwig .�� IN r i�00 ow 4k�i OKI .sul oil IJF I�` Wig 1 � TyPtcd t.+y.aet ALLEY 2 3 ' (27-0' IL0. W:A41NLT PAVING) p 40 WNC. DRIVE b PROP. O yl PROP. 1v uNE M1�s y a TTM - - 14'-11 �/ • LING OF ROOF 1 I .-S�ABA�iE : I 1 UNE P I I 1 ROO -��- LOTS 61 TNRU . i . .� 15 TYP16Z OT 1 ! I (b' O J •'� 66 EIMLAU 6R I I 3 -M m OPPMM2 TO LOT I L 3 1�QT � 5 - wI �45D21t]M 2459ZIbN - : OnT641 TREE I I 14'-11 a( •; ?�'-0* . "r ';,, .• GXISTM6 TRkk GANOPY u.NOPr I 1 GOME6 TO WITHIN APPROX. B FEET OF i. 1 1 RP F • } - &I FRONT FORGHES 13UT F TYFIGALLY 15 1 O'- 1 Q' yp.p� FROM THE FRONT r LAKEWOOD SUBDIVISION ZION ROAD ADDRESSES SITE PLAN LOTS #76 & #75 ( LOTS 67-75 TYP. SCALE: V = 20' 8-3 (L) ORDINANCE N0. 4766 S CA N N E D AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05-1599, ZION GARDENS, LOCATED NORTHWEST OF THE INTERSECTION OF RANDALL PLACE AND ZION ROAD, CONTAINING APPROXIMATELY 13.55 ACRES, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-O, Residential Office, to R-PZD 05- 1599 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2: That the change in zoning classification is based upon the approved master development plan and development standards as shown on the preliminary plat and all conditions of approval determined appropriate and approved by the Planning Commission on August 22, 2005. Section 3 : That this ordinance shall take effect and be in full force at such time as all of the requirements of the development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 20th day of September, 2005. o%` RIVTR'1,,,f,'. APPROVED: •OF'p, 'Po' :vim �A ; Ao FAYETTEVILLE ; / / By: ) �'. 5 J'�4Z DAN COODY, ayor ATTEST: ee y R ''aGTkANSP ON '��```` By. �� II �N�I�II�IIIINNMII�III�INIIINII��NN Doe ID : 009328870002 Tvoa : REL S RA SMITH, City Clerk Recorded : 11/10/2005 at 01 : 05 : 41 Pm Fee Amt : $11 . 00 Paas 1 of 2 ton County . AR s BetteBatt• tamoe circuit Clark F11e2005-00050775 EXHIBIT "A" R-PZD 05-1599 A PART OF THE NEI/4 OF THE SEI /4 OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NEI A OF THE SEI/4 OF SAID SECTION 24 AND RUNNING THENCE S86044'28"E 804. 17 FEET; THENCE S88052'07"E 243.36 FEET; THENCE S87014'08"E 230.59 FEET TO A POINT ON THE CENTERLINE OF RANDALL PLACE, SAID POINT BEING N87° 14'08"W 22. 14 FEET FROM THE NORTHEAST CORNER OF THE NEIA OF THE SEI/4 OF SAID SECTION 24; THENCE S2°09'04"W 418. 17 FEET ALONG SAID CENTERLINE TO A POINT WHERE SAID CENTERLINE INTERSECTS THE NORTH RIGHT-OF-WAY LINE, EXTENDED, OF ZION ROAD; THENCE LEAVING SAID CENTERLINE AND RUNNING SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING: N89°42'09"W 600.2 FEET, S70°20'58"W 246.5 FEET TO A FENCE CORNER; THENCE LEAVING SAID RIGHT-OF-WAY AND RUNNING NORTHWESTERLY ALONG A FENCE LINE THE FOLLOWING: N4001 '52"W 18.0 FEET, N89006106"W 184.03 FEET, S88038109"W 69.62 FEET, S890011W 91 .67 FEET, N87026' 18"W 102.66 FEET TO A FENCE CORNER LOCATED ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE LEAVING SAID FENCE LINE AND RUNNING N201 I '57"E 537.49 FEET TO THE POINT OF BEGINNING, CONTAINING 13.9 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO THE RANDALL PLACE RIGHT-OF-WAY ALONG THE EAST LINE AND ANY OTHER EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD. orb �y/ City of Fayetteville Staff Review Form City Council Agenda Items �p8a or Contracts 20-Nov-07 % Z/�'► � Q City Council Meeting Date Jeremy Pate a Planning Operations Submitted By Division Department Action Required: ADM 07-2808: Zion Gardens (Lakewood) PZD Amendment: Submitted by Zion Place, LLC for property located northwest of the intersection of Randal Place and Zion Road. The request is to approve an ordinance amending the approved R-PZD 05- 1599, Zion Gardens PZD (Lakewood) and associated Final Plat 06-2261 to reflect revised conditions of approval to eliminate the requirement for pier and above-grade beam foundation system on lots 66-76. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # L DD Department lllireZ r Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City C19IFfs Of i Finance Internal Service Director Date Received in Mayor's Office I Mayor at Comments: City Council Meeting of November 20, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations ` p From: Jeremy Pate, Director of Current Planning b� Date: November 1 , 2007 Subject: Administrative item modifying the Master Development Plan of the Zion Gardens Residential Planned Zoning District (ADM 07-2808) (Lakewood) RECOMMENDATION The City Urban Forester recommends approval of an ordinance amending the Zion Gardens Planned Zoning District, which was platted with the name "Lakewood Subdivision' to modify the condition of approval requiring homes on lots 66-76 to have a pier and above-grade foundation system. BACKGROUND The subject property consists of approximately 13.55 acres located immediately northwest of the intersection of Randal Place and Zion Road. The Fayetteville City Council approved R-PZD 05- 1599 (Zion Gardens) on September 20, 2005 for a residential development with 95 attached and detached townhomes. The property was subdivided into 97 lots as approved with Final Plat 06- 2261 on January 17, 2007, and has been developed for several detached townhomes. The applicant requests a modification to the condition of approval included with the PZD and Final Plat requiring homes on lots 66-76 to have a pier and above-grade foundation system to save additional tree canopy. During the initial review of the PZD proposal, the developer proposed removal of the trees along Zion Road. Staff recommended changes to the development proposal that allowed the preservation of these trees without the loss of residential units. At this time, homes are being constructed within the development, and more detailed information has been provided to staff, including the size of the homes to be constructed on these particular lots. The original condition of approval required homes on lots 66-76 to utilize a pier and beam type foundation instead of a more typical slab foundation, in an effort to reduce the impact to tree canopy. The City Urban Forester inspected the property and has determined that the pier and above-grade foundation system required in condition of approval number eight of R-PZD 05- 1599 and condition of approval number three in FPL 06-2261 is not necessary with the construction of a smaller building footprint on these lots and with additional conditions of approval for tree preservation. A memorandum from the City Urban Forester is attached, and the recommended conditions of approval are reflected in the ordinance, herein. DISCUSSION This item was not heard by the Planning Commission. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 05- 1599, ZION GARDENS, LOCATED IMMEDIATELY NORTHWEST OF THE INTERSECTION OF RANDAL PLACE AND ZION ROAD, CONTAINING APPROXIMATELY 13.55 ACRES, TO REFLECT REVISED CONDITIONS OF APPROVAL TO ELIMINATE THE REQUIREMENTS FOR PIER AND ABOVE- GRADE FOUNDATION SYSTEM ON LOTS 66-76, AS DESCRIBED HEREIN. WHEREAS, the City Council by approval of the associated Planned Zoning District required all homes located on lots 66-76 to be constructed with pier and above-grade foundation system to save additional tree canopy and create fewer disturbances; and WHEREAS, upon inspection by the City Urban Forester it has been determined that the pier and above-grade foundation system required in condition of approval number eight of R- PZD 05- 1599 and condition of approval number three in FPL 06-261 is not necessary with the construction of a smaller building footprint on lots 66-76; THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That condition of approval number eight (8) as approved for R-PZD 05- 1599 (Zion Gardens) and approved as condition of approval number three (3) for the Zion Gardens/Lakewood Final Plat (FPL 06-2261 ), is hereby replaced with the following conditions: 1 . The construction of homes on lots 66-76 shall be consistent with the building footprints as depicted on Exhibits "A" and `B". 2. The area for tree preservation on lots 66-76 shall include the narrow canopied slope between the front porches and the meandering sidewalk. 3. Tree preservation fencing shall be installed along the limits of disturbance/dripline of the canopy along the southern portion of lots 66-76 and inspected and approved by the Urban Forester prior to construction of any homes on those lots. 4. Tree preservation fencing may be removed or relocated only with specific approval from the Urban Forester. 5. Connectivity from the front porches of lots 66-76 to the sidewalk shall be staked and approved by the Urban Forester prior to construction. 6. If trees or ground cover are removed in this area, replacement will be required. During the construction of homes on lots 66-76, any damaged or removed canopy shall be mitigated for as specified in Chapter 176 of the Unified Development Code. Section 2. That the Final Plat for said subdivision shall be amended by way of documents to be recorded at the Washington County Courthouse and permanently filed with the Final Plat. Section 3. That the Planned Zoning District ordinance is hereby amended to reflect the change provided in Section 1 above. PASSED AND APPROVED this day of 12007, APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer ■ �, �%%WA` INS '� C kk milli X / - / iykk r � FAR 0Z i • ' • 1Q