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HomeMy WebLinkAboutOrdinance 45480 ]Lr ORDINANCE NO.4548 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED (R-PZD 04-02.00) LOCATED SOUTH OF WEDINGTON DRIVE AT THE CORNER OF N. 461u AND PERSIMMON STREET CONTAINING 38.48 ACRES MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING COMMISSION AND AMENDED BY THE CITY COUNCIL 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 RA Residential Agriculture to R-PZD 04-02.00 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 plat and approved by the Planning Commission on February 9, 2004 except that Putting Green Drive shall be extended to the east as a local street.. Section 3. That this ordinance shall take affect 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. F AY E rrE:` PASSED and APPROVED this the 161h day of March, 2004. w Iw�'S v;N� 6rCA Cam'•- APPROVE By: 4 DAN COODY, Mayor r—k k IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 007175720002 UPS: REL Recorded: $11.00/2004 Pace Ito 2238:39 PH Washlnaton Countv. AR Bette Stamps Circuit Clerk Flle200440014669 EXHIBIT "A" R-PZD 04-02.00 PART OF THE SEI/4 OF THE S W 1/4 OF SECTION 12, T 16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SETA, SWI/4 THENCE S02037'23"W 1.63 FEET TO THE P.O.B., THENCE S02037'2311W 1320.10 FEET, THENCE N87002' 10"W 1266.36 FEET, THENCE N0201613211E 1318.64 FEET, THENCE S87006'18"E 1274.35 FEET TO THE P.O.B.; CONTAINING 38.48 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. County, AR Washington ent was filed on 1041191certify is 2004'01W39 PM al Estate and recorded in g800014669 File Number 20 Bette Stamps Circuit Clerk by �i NAME OF FILE: Ordinance No. 4548 wlEx. A CROSS REFERENCE: Item # Date Document 1 02/12/04 memo to mayor & city council 2 03/03/04 email to Sondra Smith 3 draft ordinance 4 02/03/04 memo to Planning Commission 5 12/03/04 memo to Jorgensen & Associates 6 01/20/04 copy of letter to Dawn Warrick 7 12/04/03 copy of letter to Planning Division 6 12/03/03 copy of Bill of Assurance ... 9 copy of Close Up View 10 copy of One Mile View 11 copy of Future Land Use 12 02/25/04 copy of memo to Suzanne Morgan 13 copy of Planning Commission minutes 14 02/19/04 Staff Review Form 15 03/22/04 memo to Dawn Warrick 16 03/24/04 Affidavit of Publication 17 two maps NOTES: 04/19/04 file with the Washington County Circuit Clerk City Council Meeting of March 02, 2004T Agenda Item Number CITY COUNCIL AGENDA MEMO ��Z/��yzl � / To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director4e`lL From: Dawn T. Warrick, AICP, Zoning and Development Administrators J Date: February 12, 2004 W^ Subject: Residential Planned Zoning District for Cross Keys (R-PZD 04-02.00) RECOMMENDATION Planning Staff recommends approval of an ordinance creating the Residential Planned Zoning District (R-PZD) for Cross Keys. This action will establish a unique zoning district for development of a 38.84 acre tract located south of Wedington Drive at the comer of N. 461h and Persimmon Street. The request is to rezone the subject property to a Residential Planned Zoning District with a total of 108 single family lots. BACKGROUND The applicant requests a rezoning and preliminary plat approval for a residential development within an R-PZD zoning district. The proposed use is single-family residential, with 108 lots proposed. A detention pond is to be located off -site to the south, on property also owned by the applicant. Density for the entire site is 2.81 units per acre. The development is currently zoned R-A, Residential Agricultural. The site is located on the northeast corner of the intersection of Persimmon Street and 46'h Street. The applicant is proposing a fence along Persimmon Street and 46'h Street. Pedestrian access to vacant tract to the east was approved by the Planning Commission. Vehicular access to the project is provided from both 46'h Street and Persimmon Street. The development has proposed covenants to ensure that all structures access interior streets and homes will contain a minimum of 2000 square feet. The Parks and Recreation Advisory Board and Planning Commission accepted money in lieu of a land dedication due to the proximity of the Boys and Girls Club to this site. DISCUSSION The Planning Commission voted 9-0-0 in favor of this request on Monday, February 09, 2004. Approval of a planned zoning district requires City Council approval as it includes zoning (land use) as well as development approval (preliminary plat). Street improvements shall include the construction of Persimmon Street along the south property line and allowable uses include use units 1, 8, and 24. Planning Commission amended the preliminary plat to eliminate the street connection to the east and provide a 50' non -motorized connection. BUDGET IMPACT None. From: Renee Thomas To: Smith, Sondra; Williams, Kit Date: 3/3/04 8:07AM Subject: Cross Keys Ordinance Kit and Sondra, The reading for Cross Keys R-PZD last night was read from C-2, Thoroughfare Commercial to R-PZD. This is incorrect, it should state from R-A, Residential Agricultural to R-PZD. I have attached a new copy of the ordinance reading correctly. Please let me know if I need to do anything else. Thanks, Renee Renee Thomas City of Fayetteville Planning Division 113 W. Mountain Fayetteville, AR 72701 (479) 575-8268 rthomas@ci.fayetteville.ar.us ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED (R-PZD 04-02.00) LOCATED SOUTH OF WEDINGTON DRIVE AT THE CORNER OF N. 46T" AND PERSIMMON STREET CONTAINING 38.48 ACRES MORE OR LESS; 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 RA Residential Agriculture to R-PZD 04-02.00 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 plat and approved by the Planning Commission on February 9, 2004 except that Putting Green Drive shall be extended to the east as a local street.. Section 3. That this ordinance shall take affect 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 the 16`s day of March, 2004. APPROVED: By: DRAFT DAN COODY, Mayor By: SONDRA SMITH, City Clerk 171 EXHIBIT "A" R-PZD 04-02.00 PART OF THE SEl/4 OF THE SW 1 /4 OF SECTION 12, T16N, R31 W IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SETA, SWIA THENCE S02037'23"W 1.63 FEET TO THE P.O.B., THENCE S02037'23"W 1320.10 FEET, THENCE N87002' 10"W 1266.36 FEET, THENCE N0201603211E 1318.64 FEET, THENCE S87006'18"E 1274.35 FEET TO THE P.O.B.; CONTAINING 38.48 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. R-PZD 04-02.00 Page r FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: 501-575-8264 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: February 3, 2004 PC Meeting of February 09, 2004 R-PZD 04-02.00: Residential Planned Zoning District (Cross Keys, pp 438) was submitted by Chris Brackett of Jorgensen & Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the comer of N. 46th and Persimmon Street. The property is currently zoned R-A, Residential Agricultural and contains approximately 38.48 acres. The request is to rezone the subject property to a Residential Planned Zoning District and to approve the development of a residential subdivision with 108 single family dwellings proposed. Planner: Suzanne Morgan Findings: The applicant requests a rezoning and preliminary plat approval for a residential development within an R-PZD zoning district. The proposed use is single-family residential, with 108 lots proposed. A detention pond is to be located off -site to the south, on property also owned by the applicant. Density for the entire site is 2.81 units per acre. The development is currently zoned R-A, Residential Agricultural. The site is located on the northeast corner of the intersection of Persimmon Street and 46'h Street. The applicant has proposed to erect a fence along these two rights -of -way. The preliminary plat for Persimmon Place Subdivision, located west of 46'h St., was approved with a condition that a privacy fence six feet in height be constructed as required in the Bill of Assurance filed when this property was rezoned. This item must be heard at City Council pursuant to the requirements for a PZD. Surrounding Land Use /Zoning: Direction I Land Use South I One single-family home East Vacant (Persimmon under PPL is RSF-4, Residential Single-family — 4 units per acre RSF-4, Resid units per acre units per acre K. WEPORM20041PC REPORM02-09-MR-PZD 04-02.00 CROSS KErSIR-PZD 04-02.00 CROSS KEYS DOC Single-family — 4 —4 R-PZD 04-02.00 Page 2 Right-of-way being dedicated: 50' for all interior rights -of -way, 70' along Persimmon St., and 50' along 46's St. Connectivity: Connectivity from this proposed residential subdivision is being provided west to 46`s Street, south to Persimmon St., and east to a vacant tract of land for connectivity to future development. Street Improvements: Construction of Persimmon Street along southern property line and a recommendation from Engineering Division to cost share for the developer to overlay the entire width of 46'" Street for the length of the project. Master Street Plan Streets: North: Wedington Drive (principal arterial) approximately % mile north South: Persimmon Street (collector) planned for construction with this development East: 46a' Street (local street) West: 54`h Ave. (collector) is approximately'/4 mile west Tree Preservation: Existing canopy: 0.13 % Preserved canopy: 0.08 % Mitigation: $1,050 payment into the City's Tree Escrow Account prior to final plat approval. Background: This proposal was heard at Subdivision Committee meeting on December 30, 2003 where it was forwarded to the Planning Commission. On January 12, 2004 the Planning Commission tabled the item back to Subdivision Committee for lack of developer notification. This item was heard again by the Subdivision Committee on January 29, 2004. Recommendation: Forward to the City Council with a recommendation for approval of the requested rezoning. Planning Commission approval of the proposed preliminary plat subject to the following conditions: Conditions of Approval: Planning Commission recommendation to the City Council regarding the rezoning of the subject property to the unique district for R-PZD 04-02.00 with all conditions of approval as determined by the Planning Commission. 2. An ordinance creating this R-PZD shall be approved by City Council. 3. A Final Plat is required to legalize the lot configuration, filed pursuant to City of Fayetteville requirements. K: IREPORM20041PC REPORMOZ-09-041R-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS. DOC R-PZD 04-02.00 Page 3 4. Planning Commission determination of appropriate fence material, if desired, and appropriate timing for installation. The fence shall not encroach upon right-of-way or easement. 5. Planning Commission determination of street improvements. Staffrecommends /4'from the centerliryt/e of 46` Street including curb, gutter, and storm sewer] a d c`�s(n.el:� , 6. Payment of $1.050 into the City's Tree Escrow Account prior to final plat approval. 7. Allowed uses in this R-PZD shall be restricted to use unit 8, single family residential* on 1 t .Py. 8. Covenants to be filed with the final plat to include maintenance of detention, common open space, fences, entry features, and landscape islands. (A draft is included in the report.) Standard Conditions of Approval: 9. Payment of parks fees in the amount of $59.940 for 108 single-family units shall be required prior to Final Plat. 10. 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) 11. 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. 1.2. Sidewalk construction in accordance with current standards to include a six foot sidewalk and ten foot green space along Persimmon Street and a four foot sidewalk with a six foot greenspace along 46 h Street and all proposed streets. 13. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 14. Preliminary Plat shall be valid for one calendar year. K: IREPOR7NI20041PC REPOR7SI02-09-041R-pZD 04-01.00 CROSS KEYSIR-PZD 04-01.00 CROSS KEYS. DOC R-PZD 04-02.00 Page 4 PLANNING COMMISSION ACTION: yes Required _ (Approved Denied Date: February 09, 2004 Comments:On ^ 11 '• I t r /100hiJ/ n n �f7 n.. ('� aW n9 b�wcla< d M icon w e zn0ye9 h 41 i 5 n bu eS(,n��e.01 J Njal,�� yassu.Q 5-9 - The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K: IREPOR7Y20041PC REPOR7S102-09-041R.PZD 04-02.00 CROSS KEYSIR-PZD 04_02.00 CROSS KEYS Doc R-PZD 04-02.00 Page S Findings associated with R-PZD 04-02.00 Sec. 166.06. Planned Zoning Districts (PZD). (B) Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. FINDING: The subject property is adjacent to property zoned RSF-4 and R-A to the north, and RSF4 to the east and west. There are single family homes to the north and a preliminary plat has been approved by the Planning Commission for a subdivision of 154 lots on 58.11 acres (2.65 units/acre) to the west of this proposed development. The southern property line boarders the City's Planning Area. The subject property is 38.48 acres with 108 single family lots proposed for a density of 2.81 units per acre. (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: The site has 0.13% canopy cover with 0.08% preserved cano�y proposed. The applicant has proposed erecting a fence along Persimmon St. and 46' Street to shield housing to the neighbors to the south and to be compatible with the fence to be placed along the boundaries of the subdivision to the west. The preliminary plat for Persimmon Place to the west was approved with a condition that a fence 6' in height be erected along these rights -of -way. K: IREPORIS00041PC REPORM02-09-04IR-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYSDOC R-PZD 04-02,00 Page 6 (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. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: Connectivity from this proposed residential subdivision is being provided west to 46`h Street, south to Persimmon St., and east to a vacant tract of land for connectivity to future development. All rights -of -way within the subdivision shall be dedicated to the City. (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: Each lot shall be for single family use and provide the required two off-street parking spaces per unit. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: The land use meets all the requirements for open space, buffer or green strip provisions of the chapter in the code. K. IREPORM2004IPC REPOR7S02-09-041R-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS. DOC R-PZD 04-02, 00 Page 7 (6) Sidewalks. As required by §166.03. FINDING: Sidewalk construction shall be in accordance with current standards to include a six foot sidewalk and ten foot green space along Persimmon Street and a four foot sidewalk with a six foot greenspace along 461" Street and all proposed streets within the development. (7) Street Lights. As required by § 166.03. FINDING: Street lights are being provided along Persimmon Place and within the development with spacing not to exceed 300 feet. (8) Water. As required by § 166.03. FINDING: Water shall be extended to the subject property. (9) Sewer. As required by § 166.03. FINDING: Sewer shall be extended to serve the subject property. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul- de-sac. Any street connecting one or more public streets shall be constructed to 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. K: IREPORTS110041PC REPOR7S101-09-041R-PZD 04-01.00 CROSS KEYSIR-PZD 04-01.00 CROSS KEYSDOC R-PZD 04-02.00 Page 8 (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: Paving Width (No On -Street Parkine) Dwelling Units One -Way Two -Way l - 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. K9REPOR7S120041PC REPOR73102-09-04W.PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS. DOC E R-PZD 04-02,00 Page 9 (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: Rights -of -way shall be dedicated to the City of Fayetteville and constructed to City standards. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: N/A (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. FINDING: The site has 0.13% canopy with 0.08% preservation proposed. Mitigation of $1,050 into the City's Tree Escrow Account is required. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: N/A (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Location of property is located on relatively flat land. No view shed has been identified in this area. (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 K. IREPORM200APC REPOR7SI02-09-04IR-PZD 04-02.00 CROSS KEMR-PZD 04-02.00 CROSS KEYS. DOC R-PZD 04-02.00 Page 70 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 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, K. IREPORM20041PC REPOR73102-09-041R-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS. DOC R-PZD 04-02.00 Page 77 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. FINDING: The applicant has submitted a Bill of Assurance and Protective Covenants and Restrictions for Cross Keys Subdivision. (See attached) Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. K. IREPOR7S20041PC REPORTSI02-09-0-141R-PZD 04-01.00 CROSS KEYSIR-PZD 04-01.00 CROSS KE}S.DOC C, • R-PZD 04-02.00 Page 12 (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: The proposed R-PZD of 108 lots is located on land identified on the General Plan as residential use. The density and use will not negatively impact surrounding properties. The subdivision is near the Boys and Girls Club and will be able to promote community in this area. (See attached comments from Raymond C. Smith regarding these ten criteria.) (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: Staff has reviewed the proposed development with regard to findings necessary for rezoning requests. An ordinance will be drafted in order to create this Planned Zoning District which will incorporate all conditions placed on the project by the KAREPORM2004IPC REPOWSI02-09-MR-PZD 04-02.00 CROSS KEYSW-PZD 04-02.00 CROSS KEYS. DOC I R-PZD 04-02.00 Page 13 Planning Commission. Covenants provided by the developer will be included in the R-PZD ordinance. This ordinance will be forwarded to the City Council for approval. (C) R - PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: The proposed residential planned zoning district allows single-family use which is compatible with surrounding property. The property is currently zoned Residential Agricultural and would allow for residential development at a lower density than that allowable by a majority of the surrounding property. The density proposed will not significantly increase the amount of traffic to cause congestion in the area which is served by a local and collector street. (2) Permitted uses. Unit I City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings K. IREPOM120041PC REPORTS101-09-041R-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS DOC R-PZD 04-02.00 Page 14 Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 15 Neighborhood shopping Unit 19 Commercial recreation, small sites A(, Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings FINDING: The proposed single-family dwellings are a permitted use under use unit #8. ke.* Os< -On 1-*E` . (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. FINDING: The PZD proposed is entirely residential in use. RECOMMENDATION: Approval of R-PZD with conditions. LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R-PZD 04-02.00 is consistent with the land use plan and compatible with surrounding land uses in the area. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed rezoning of the existing Residential Agricultural area to the proposed development with residential single-family use with a density of 2.81 units per acre is consistent with the General Plan 2020 that identifies this area for residential use. Single-family use is compatible with existing and planned surrounding single-family residential homes and the surrounding zoning. The proposal is consistent with the following principles of the General Plan 2020 which are: Creating a sense of place and connectivity within neighborhoods and community. Finding: Connectivity within neighborhoods and community is provided. Containing and strengthening the emergence of multiple activity centers. Finding: The proposed subdivision is in close proximity to the Boys and Girls Club and by utilizing it may strengthen the community center. KAREPOM120041PC REPOR7S102-09-04IR-PZD 04-01.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS. DOC R-PZD 04-02.00 Page IS Increasing transportation efficiency. Finding: The developer will construct Persimmon Street and improve 46`h Street for the length of the property to achieve connectivity and the flow of traffic as shown on the Master Street Plan. There will also be a stub out to vacant property to the east. The proposal is consistent with the guiding policies for Residential Areas identified in the General Plan 2020 which are: 9.8.f Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and services. 9.8 j Implement the Master Street Plan and incorporate bike lanes, parkways and landscaped medians to preserve the character of the City and enhance the utilization of alternative modes of transportation. 9.8.i Establish performance zoning design standards to mitigate adverse impacts of contrasting land uses with residential land uses. 9.8.k Adopt a City policy of "connectivity'; meaning that commercial areas and residential areas are easily accessible by vehicles, pedestrians and bicyclists. The following is from The General Plan 2020 regarding Community Character: 9.19.a Protect and enhance Fayetteville's appearance, identity and sense of place. 9.19.d Discourage perimeter walls and guard houses around the perimeter of new residential developments and promote "connectivity" to increase accessibility and provide more livable neighborhoods. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed density is consistent with the existing surrounding zoning. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will increase traffic but should not appreciably increase traffic danger or congestion with the surrounding local, collector, and principle arterial streets, and connectivity is provided from the proposed development to these streets. Trip generation calculations indicated that 108 single family detached dwellings will produce 1034 two-way trips per day on average. Wedington Dr. is a principal arterial and can sustain a volume of 20,600 trips per day. Current traffic counts on Wedington Dr, east of 46`h St. are 15,000 trips per day according to the AHTD 2002 traffic count. K. kREPORr3UOUPC REPORM02-09-041R-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS. DOC • • R-PZD 04-02.00 Page 16 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning will increase population density but should not undesirably increase the load on public services, including schools, water and sewer facilities. Using 2000 Census data for Fayetteville that indicates there are 2.21 persons per occupied unit, the estimated population for a single family development with 108 homes is 239 persons. The maximum development allowable for this property with its current zoning designation of R-A zone is 19 units for a population of 42 persons. 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. IREPORTY20041PC REPOR73101-09-041R-PZD 04-01.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS.DOC FAYETTEVILLE THE CT' OF FAYEFfEVULF, ARKAHSAS PLANNING DIVISION TO: Jorgensen and Associates Inc. COPY: Suzanne Morgan, Associate City Planner FROM: Craig Carnagey, Sr. Planner (Landscape Administration) DATE: December 23, 2003 SUBJECT: Cross Key Subdivision TREE PRESERVATION PLAN 1. A payment of $1,050.00 will be required to be made into the City's Tree Escrow Account before Final Plat Approval. FAYE!TEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS January 20, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, RECEIVED JAN 2 0 2004 PLANNING DIVA POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed R-PZD 04-02.00: Residential Planned Zoning District (Cross Keys, pp 438) was submitted by Chris Brackett of Jorgensen & Assodates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the comer of N. 46th and Persimmon Street would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this Planned Zoning District will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. ;Sin rely, ieutenant William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT P.O. BOX 1988 FAYETTEVILLE, ARKANSAS 72702-1988 (DELIVERIES) POLICE 100-A WEST ROCK STREET 72701 JAIL- 140-A WEST ROCK STREET 72701 PHONE: Sol-5873555 FAX: 501-587-3522 Bartisten Place, Suite 11 70 North College Avenue yetteville, Arkansas 72701-6101 RAYMOND Co SMITH, P.A. ATTORNEY AT LAW December 4, 2003 City of Fayetteville Planning Division 125 West Mountain Street Fayetteville, Arkansas 72701 Re: R-PZD Residential Planning Zoning District Request Cross Keys Subdivision Telephone (479) 521-7011 FAX (479) 443-4333 Toll Free 1-800-282-0168 Email rsniidi7011@sbcglobal.net Site Location: Northeast comer intersection of Persimmon Street & North 46"' Street Legal Description: The SE'/. of the SW'/. of Section 12, T16N, R31 W. in Washington County, Arkansas , and more particularly described as follows: Commencing at the NE comer of said SE'/., SW'/. thence S02°37'23"W 1.63 feet to the P.O.B., thence S029T23"W 1320.10 feet, thence N87°02'10"W 1266.36 feet, thence N0201632"E 1318.64 feet, thence S8700618"E 1274.35 feet to the P.O.B.,, containing 38.48 acres more or less subject to easements and right of ways of record. The current owner of the above described property, The Hoyet Greenwood Trust A, Jean Greenwood Jowers, Trustee, and Developer, Charles W. Sloan, Charles W. Sloan and Associates, Inc., are now in final negotiations and a sales contract should be signed momentarily, and are proposing a Planning Zoning District (R-PZD) be established for the above described land. The land will be rezoned from A-1 to R-PZD will achieve the overall objectives of a PZD. During subsequent phases of Cross Keys, additional 160 acres now situated in the county will be annexed into the city and become part of the overall development. The proposed PZD meets the criteria as set out in Sec. 166.06A, Planning Zoning District (PZD), Title XV, Unified Development Code: (1) Location. The above described property is eligible as it is situated within the City of Fayetteville limits. (2) Ownership. Landowner is eligible applicant and the development plan will be binding upon all subsequent owners of the land. RECEIVED DEC 0 4 2003 DI Ahlhllhll�- r%nr (3) Size. Although the site location contains approximately 38.48 acres, there is no minimum tract size requirement. The proposed PZD can accomplish one or more of the following goals specified in Sec. 161.25(A) Planned Zoning District, Title XV, Unified Development Code: (1) Flexibility. Cross Keys Phase I Subdivision will include approximately 109 homes with not greater than 2.85 houses per acre in a variety of styles of houses, each having not less then 2000 sq. ft. of heated space. (2) Compatibility. Cross Keys is certainly compatible with surrounding land use. Persimmon Place, a subdivision development situated on 46d' Street, has a masonry fence surrounding the subdivision. Cross Keys will have the same style masonry fences. Although Persimmon Place has a minimum house size of 1850 sq. ft., Cross Keys will have a minimum of 2000 sq. ft. The Proposed PZD will achieve compatibility between the proposed development and surrounding areas so as to preserve and enhance the overall neighborhood appearance. (3) Harmony. This area in the western part of Fayetteville is currently being developed as single family residential dwellings and this proposal will meet the purpose and intent of R-PZD and the permitted use as Unit 8, as single family dwellings- (4) Variety. Approximately 109 houses will be constructed in the PZD. Developer will not sell the lots to a single builder but anticipates as many as twenty different builders will be involved resulting in a variety of housing types and an increase In employment opportunities and services. (5) No Negative Impact. The Proposed PZD will not have a negative impact on the future growth of the western part of Fayetteville. (6) Coordination. Proposed PZD and the development of land surrounding the PZD is being coordinated between the various developers. In coordination with John Knox and the development of his subdivision, West Persimmon Street between N. 46"' Street to Rupple Road will be developed, constructed and paved to a 24 ft. paved width. (7) Open Space. The developer will develop adjacent land to include a golf course that will complement the activities already in existence and planned near the Fayetteville Boys and Girls Club. (8) Natural Features. The preliminary plat of Cross Keys is planned to obtain maximum enhancement and minimal disruption of natural existing features of the land and surrounding areas. RECEIVED DEC 0 4 2003 PLANNING DIV. (9) General Plana Proposed PZD will take into consideration tree preservation, landscaping, water conservation, preservation of natural site amenities and the protection of watercourses from erosion and siltation. All features shall be combined in such a way as to further the health, safety, amenity and welfare of the community. oud C. Smith Attorney at Law Owner Representative 1 RECEIVED DEC 0 4 2003 PLANNING DIV. BILL OF ASSURANCES AND PROTECTIVE COVENANTS AND REWSTRICTIONS FA TTTEVII,LE ARKANSAS SE KNOW ALL es W. Sloan and ert hereinafter rrred to a "Declarant"as owdev developer and sub divider allhe lots in CROSS KEYS, Phase I, a subdivision to the City of Fayetteville, Arkansas hereinafter referred to as "CROSS KEYS," by execution hereof, enters and declares the following assurances, covenants, and restrictions with respect to the subdivision. 1. OWNERSHIP: Declarant is the developer of the following described real property being developed as the Cross Keys Subdivision, Phase I, of the City of Fayetteville, County of Washington, State of Arkansas, to -wit: The Southeast Quarter (SE%4) of the Southwest Quarter (SW%4) Of Section Twelve (12), Township Sixteen (16) North, Range Thirty-one (31) West, containing 40 acres, more or less 2. SINGLE-FAMILY LAND USE: Lots within Cross Keys Subdivision Phase I are developed as a Planned Zoning District to provide single family lots with approximately 2.8 lots per acre, with a Lot minimum width of Eighty (80) feet, and shall be in compliance with or exceed the regulations for RSF4 zoning as defined and interpreted by the City of Fayetteville, Arkansas, and Courts of competent jurisdiction, and in compliance with the assurances, covenants, restrictions, and conditions set out and contained herein, on the date these covenants and restrictions were executed. 3. BUILDING LIMITATIONS AND REQUIRE1.fENTS: The subdivision and building codes of the City of Fayetteville, Arkansas, as such presently exist or are hereafter amended, shall be and are hereby made applicable to all lots in Cross Keys Subdivision. All dwellings, other structures and/or improvements shall comply with said ordinances as such exist on the date of such construction. Any conflicts between such ordinances and the provisions of the conditions, covenants and restrictions shall be resolved in favor of the more restrictive provisions. Building, RECEIVED DEC 0 4 2003 Bill of Assurances and Protective Covenants. Cross Keys p 'P °'NNING DI1/. architectural, and design specifications shall be in accordance with the codes and regulations of the City of Fayetteville, Arkansas, and specifically those pertaining to development of Land zoned RSF4 (Residential Single Family w/4 units/acre). Individual homes (Single Family, RSF4: a. All dwelling structures constructed upon any lot of Cross Keys shall contain a minimum of two thousand (2000) square feet of heated living space. b. Each dwelling shall have a private garage for not less than two (2) vehicles. All garage interiors must be dry -walled and finished. All garage doors must be of section type, with automatic garage door openers with appropriate child safety features. c. Each dwelling is required to have a concrete driveway. d. All homes and/or other structures constructed within Cross Keys must have an architectural asphalt, tile, or wood shingle roof. e. No roof pitch on any structure shall be less than a 10/12 pitched. f. All homes must have one hundred percent (100%) brick, stone or stucco on all exterior walls up to the top plate of the 0 floor. Total percentage of brick, stone or stucco on all exterior walls of each house must equal Eighty (80) percent of the wall surface g. Variance. Any lot owner may petition the Architectural Committee for a variance from the building limitation and requirements. Each application for a variance will be considered individually based on the overall design of the proposed house in relationship to its compatibility with the other homes in Cross Keys Subdivision. Any application for a variance shall include all documentation that supports the quality of the proposed construction that will be equal to or greater than the requirements set forth in these building limitations and requirements. Compliance with the above referenced ordinances, conditions, and restrictions, and any future revisions and/or additions to said ordinances, conditions, and restrictions, shall be judged, determined by and require prior approval by the Architectural Committee. The Architectural Committee shall view and approve all exterior plans and specifications for all structures prior to construction and be given the power to amend and/or alter any design plans or specifications prior to construction and be given the power to amend and/or alter any design plans or specifications prior to construction and be given the power to amend and/or alter any design plans or specifications prior to approval for construction with Cross Keys. Any alterations or recommendations made by the Architectural Committee must be revised on said plans and be resubmitted to the Architectural Committee for approval prior to construction. Revisions to prior approved architectural are discouraged; however, any revisions made to said exterior plans must be resubmitted again to the Architectural Committee for approval. In order to be apprised of current requirements, all owners and builders should contact the Architectural Committee prior to commencement of construction. The specifications and requirements for RSF4 zoning designation shall be deemed minimal RECEIVED DEC 0 4 2003 Bill oCAssurances and Protective COVCnAnU- Cross Keys Page 2 of 13 PLANNINr. nni requirements for the architectural and design specifications for Cross Keys. The City of Fayetteville specifications may be supplemented from time to time where not inconsistent with the original plans and architectural intent of Cross Keys. 4. BUIDING LOCATION AND YARD RESTRICTIONS: No building may be located within twenty-five (25) feet of any lot line which is adjacent to a street, within eight (8) feet of the side lot lines, or within twenty (20) feet (RSF4) If two adjacent lots are purchased for purposes of constructing only one home, the interior side yard line limitations are removed. No lots within the subdivision may be subdivided, except as follows: if owners on both sides of a vacant joining lot elect to purchase said lot, they may subdivide the only one time. This lot split of the joining lot then increases the size of both adjacent lots and for building purposes the interior side lot line limitation would be associated with and measured from the new property line created by the division. If both portions of the split lot were ever recombined for purposes of serving as a building lot, then the original restriction as to set back would apply. The front yard, the side yards and a minimum of thirty (30) feet of the backyard shall be fully grass sodded within sixty (60) days and ninety (90) days, respectfully, following the date on which the dwelling is eligible for the issuance by the City of Fayetteville of a temporary certificate of occupancy. Any variance must be submitted and approved by the Grounds Committee. All front yards shall be maintained and groomed as required to be consistent with the other homes within the subdivision and to comply with the overall architectural objectives of the Cross Keys Subdivision. 5. BULDERS AND CONTRACTORS: Prior to commencement of any site work or construction, a lot owner shall submit the name, address, and telephone number of the lot owner; the name, address, and telephone number of the building contractor; a complete set of construction plans include exterior colors and finishes; and a plat plan reflection the location or all improvements, and set back lines, collectively referred to as "Building Packet" to the Architectural Committee for review and approval. Within thirty (30) days after receipt of the Building packet the Architectural Committee shall act upon the request and provide the lot owner approval or disapproval in writing. A building contractor is defined as a general contractor, building contractor, construction contractor or consultant, architect, design builder or the owner, if he/she acts as their own contractor. If the Building Packet is complete and. the Architectural Committee fails to respond to a lot owner within the specified time period, said member may approach the Board of Directors of Cross Keys Property Owners Association and request immediate action be taken to approve or disapprove the owner's submission. The Board of Directors shall have the authority to approve or RECEIVED DEC 0 4 2003 Bill of Asswances and Protective Covenants- Cross Ks{yarLJA'1N ry¢e; of r� I 1•/G DIV. disapprove the submission; however, must act within fifteen (15) working days of receipt of the owner's written request. If both the Architectural Committee and the Board of Directors fail to act, if no suit to halt the proposed construction is commenced prior to the completion of said construction, and if said construction is in compliance with the ordinances of the City of Fayetteville, Arkansas, written approval form the Architectural Committee shall no longer be required and the completed construction shall be deemed in compliance with the Cross Keys conditions, covenants, and restrictions. No building materials shall be placed or stored on a lot prior to approval Of the Building Packet and the scheduled date on which construction is to commence. Construction sites shall be kept neat and orderly. Construction sites are to be cleaned daily of trash and scrap material. If said requirements are not adhered to, Cross Keys Property Owners Association may hire a cleanup crew to perform the task. Should Cross Keys Property Owners Association incur expense associated with the cleanup of a construction site, said expense shall be deemed a lien upon the lot until paid. Portable toilets must be on all job sites during construction. Upon completion of the building project all remaining materials, trash, dumpsters, toilets, etc. shall be removed from the lot and subdivision within ten (10) days. 6. HOME OCCUPATION: Home occupations, as defined by the codes of the City of Fayetteville, Arkansas, are prohibited. 7. FENCES Fencing of the front yard is prohibited. Fencing of rear and side yards must be of brick, decorative iron, or cedar wood construction. Except for fencing constructed for the purpose of screening by Declarant, no fencing may exceed six (6) feet in height. All fences shall be recessed at least ten (10) feet from the front of the dwelling. No wire or chain link fencing is allowed. Fencing shall not infringe on neighboring lots or the common grounds of Cross Keys. All fencing plans and materials must be submitted to and approved by the Architectural Committee. Unless a dwelling structure is built on a lot, fencing of the lot is prohibited. Lots numbered seven (7) thru thirty-two (32) shall have six (6) ft. high privacy fences constructed of cedar wood on the rear lot line. 8. SIDEWALKS, DRIVEWAYS AND STREETS: A lot owner may not cut or cause to be cut a street within Cross Keys for any reason. Concrete driveways and street access points are to be constructed and completed by the owner prior to or at completion of the dwelling project. All driveways are to be of concrete base and may have a decorative type finis DECEIVED DEC 0 4 2003 Bill of ftaSUrMCC9 and Protective Covenants- Cross K a 4 o 13 15MKNING DIV. 0: example: brick lines, brick expansions, aggregate finish pattern concrete, etc. Concrete sidewalks shall be constructed at the expense of the lot owner and shall be completed at the time the driveway is constructed. Sidewalks shall be four (4) feet wide and constructed as designed and shown on the final plat. Sidewalks shall be made of concrete with a light broom finish, expansion joints are to be cut on eight (8) foot centers. The length of sidewalks will vary with each lot, the sidewalk shall be the full street side width of the lot. 9. UTILTTES: All utilities situated within Cross Keys subdivision shall be underground and overhead service is not permitted. 10. SATELLITE DISHES: Satellite dishes shall be twenty-four (24) inches or less in diameter and shall not be visible from the street. 11. CABLE TV: Cable television access shall be supplied to each lot within the development. 12. OUTBUILDINGS AND PORTABLE BUILDINGS: No portable structures are allowed. Outbuildings may be allowed and constructed for use as storage of outside, lawn and flower garden equipment and supplies provided the structure is similar in design to the home. All plans for such structures must be presented to and approved by the Architectural Committee prior to construction. 13. EASEMENTS: Easements for installation and maintenance of utilities, drainage facilities and any other such easements are reserved as shown on the recorded plat. Lot owners are discouraged from constructing structures or improvements, or landscaping located within an easement is subject to being damaged, destroyed, or removed by the easement owner without compensation or replacement being provided to the lot owner. RECEIVED DEC 0 4 2003 Bill of Assurances and Protective Covenants. Cross KeyMA N I N G D I V. 14. OIL AND MINING OPERATIONS: No operations associated with the testing for, location, or recovery of, and refining or processing of oil, gas or minerals found upon or underneath Cross Keys shall be permitted or located within Cross Keys. 15. LIVESTOCK, POULTRY AND PETS: No livestock, poultry, exotic, wild, non -domesticated, or other such animals (except as noted within) shall be kept, raised or sheltered on any residential building lot or common area within Cross Keys. Dogs, cats and other household pets may be kept, provided they are not raised for commercial Purposes. The outside living area for approved pets must be maintained and kept clean at all times and screened from public view. All living areas for such pets must be in the rear or side yard. The walking of permitted animals on a leash is allowed, provided and owner/walker picks up any dropping from said animal. 16. PARKING OF VEHICLES: All vehicles, except recreational vehicles, shall be parked in the garage or driveway of the owner's respective lot. The Subdivision's streets shall not be used as a place to park or store vehicles. The parking or storage of a vehicle on a subdivision street for two (2) consecutive days of any given week shall be deemed a "routinely parked" vehicle. Licensed and non -licensed recreational vehicles, of any type, shall not be routinely parked on the streets of the subdivision or on any lot within the subdivision. The above restrictions apply to, but shall not be limited to recreational equipment; motor homes, boats, travel trailers, campers, tmasport trailers and the like. Any large trucks, tandem wheel tractors or large commerical vehicles are strictly prohibited within the subdivision except for moving, and delivery purposes and development of a lot and new home construction. 17. INOPERATIVE VEHICLES: No inoperative or non -licensed vehicle shall be left on any subdivision street or owner's driveway in excess of two (2) days. 18. TEMPORARY STRUCTURES: No temporary structure shall be used for human habitation. The bRWEIVED DEC 6 4 MdJ Bill of Assurances and Protective Covenants- Cross KeYP N I N G -D I V. I and contractors are allowed such structures during the construction phase for storage and construction use only. All such structures must be removed prior to or at completion of the building project. 19. SIGNS AND POSTERS: No signs or posters are allowed except as noted below: a. A professionally made sign noting the property is for sale. b. A professionally made construction sign noting the builder of the improvements, which sign shall be removed once the improvements are completed or occupied. C. Political, garage sale, and commercial signs or posters are permitted but only for the duration of their intended purpose. d. Any lot owner may apply for a waiver of a sign or for permission to place a sign on a lot by submission of the sign design, intended duration, a purpose to Cross Keys Applications for waiver shall be submitted prior to placement of a nonpermitted sign. 20. SIGHT DISTANCE AT INTERSECTIONS: Walls, fencing, shrubs, hedges, trees or other improvements constructed or made near or at the intersections of streets within the Cross Keys shall be located and constructed in compliance with the codes, regulations, and ordinances of the City of Fayetteville. 2 L MAILBOXES AND HOUSE NUMBER: Prior to occupancy of any dwelling structure located on a lot, the lot owner shall construct a mailbox and install a house number which has been approved as to design and site location by the Architectural Committee. 22. STREETLIGHTS: All streetlights shall be installed by Cross Keys and dedicated to the City Of Fayetteville, Arkansas for public use and maintenance by the City. 23. CLOTHESLINES: Outdoor clotheslines or poles are prohibited. RECEIVED DEC 0 4 2003 Bill of Assurances and protective Covenants_ PLANNING DIV, Cross Keys Page 7 of 13 24. BASKETBALL GOALS: The placement of all basketball goals must be approved by the Grounds Committee. 25. TREE REQU]REMENTS: Each lot owner and shall be responsible for the health of all planted trees on the lot and shall be bound for the maintenance, care and monitoring for each tree planted. Each lot within Cross Keys Subdivision is required to plant and maintain two 2" inch diameter Native American trees in the front yard before the structure is certified for occupancy. If at any time said tree is damaged significantly or dies, it must be replaced within a two -month period. A list of types of trees permitted will be provided by the Grounds Committee. Failure to replant or maintain the tree after notice by the Property Owners Association could result in an assessment and a lien upon the lot for the cost of planting and maintaining the tree. The lot owner agrees a lien which results from a failure to pay any assessment may be foreclosed in the same manner provided by Arkansas Law for the foreclosure of a real estate mortgage. 26. NUISANCES: No noxious, destructive or offensive activity as defined by City Ordinance and State or Federal laws or regulations shall be carried on or upon any lot or street, nor shall anything be done thereupon which may be or may become an annoyance or nuisance to the Cross Keys community and its homeowners. 27. ENTRYWAY AND MEDIAN MAINTENANCE AND UPKEEP: Entryways, retention ponds and surrounding areas, public areas and parks, and common areas and improvements are an integral part of Cross Keys and it is in the best interest of Cross Keys that said such entryways, medians, retention ponds and surrounding areas, public areas and parks, and common areas and improvements be maintained at all times. The cost of the routine upkeep; maintenance and repair and replacement of entryways, medians, retention ponds and surrounding areas, and common areas and improvements shall be shared by each lot owner through annual or special assessments. Any upkeep, maintenance and repair of public area and parks shall be at the discretion of the Board of Directors of Cross Keys Property Owners Association. RECEIVED DEC 0 4 2003 Bill of Asmrmn and F)"e" ° C-°«,-ft_ C�u Keys PPLA N N I N G D IV. 28. SVIM& vG POOLS: Swimming pools must be underground and placed in the back yard and properly fenced. 29. STREETS: All streets within the Cross Keys development shall be dedicated to the City of Fayetteville, Arkansas for public use and maintenance by the City. 30. HOLDING POND: The Property Owners Association shall be responsible for the designated holding pond (if any) within the subdivision development and shall publish the rules and regulations applicable to the holding pond. 3 L GOVERNING STRUCTURE: By accepting ownership of property within Cross Keys, each owner accepts membership within the Cross Keys Property Owners Association, an Arkansas non-profit corporation formed to promote the collective and individual property and,civic interests of all owners of Cross Keys property and to own, operate and maintain any area which is now or which in the future may be designated common property and at its discretion publicly owned property such as the park area so long as the development and maintenance of park and publicly owned areas are in compliance with City codes and regulations. By accepting ownership of property within Cross Keys, each owner acknowledges, said property is now or will be subject to periodic assessments to be established and used for the construction development, improvement, repair and replacement of the entryways, retention ponds and surrounding areas, and common areas and improvements by the Board of Directors of the Cross Keys Property Owners Association and agrees if said assessments are not timely and fully paid said assessment and all costs, including legal fees, associated with the cost of collection of same shall be deemed a lien on the property so assessed. The owner(s) of each lot in Cross Keys shall be entitled to one (1) vote on any proposition or action placed before the membership of the Cross Keys Property Owners Association for a vote. If more than one person or entity owns a single lot, the owners must collectively agree upon their single vote before casting same. If one or more entities own more than one lot, the owner(s) are eAttEIVED DEC 0 4 2003 M of Assurances and Protective covenants_ Cron `HIV IV I N G D IV. 13 one (1) vote per lot owned. 32. ARCHITECTURAL COMMITTEE: The Architectural Committee is established to insure, within its limited ability, that all dwellings and/or other exterior structures within Cross Keys are compatible with the other dwelling and structures constructed or to be constructed within Cross Keys. The Architectural Committee for all new construction shall consist of three (3) builders, appointed by the Cross Keys Developer and owning lots in Cross Keys Subdivision. At such time when each of the three builders has sold all owned lot and homes in Cross Keys that position on the Architectural Committee will then be appointed by the Cross Keys Property Owners Association. The Architectural Committee shall be appointed and shall serve at the discretion of the Board of Directors of the Cross Keys Property Owners Association. The Architectural Committee shall have no less than one (1) member and shall have no more that three (3) members who shall own or be representative of the owners of property within Cross Keys. 33. GROUNDS COMMITTEE: The Grounds Committee is established to insure the streets, sidewalks, common areas and improvements located thereupon, unimproved lots and the front and side yards of improved lots, are maintained, groomed and kept in good order. The Grounds Committee shall note any problems with mailboxes, entryways, retention ponds and areas surrounding same, public areas and parks, common areas and improvements within the Cross Keys development. Any problems or violations noted by the committee shall be written up and reported for repair or correction to the proper parties. If the needed repair or violation is directed to a lot/home owner, said owner has fifteen (15) days in which to correct the problem. If the owner fails to take measures to correct the problem, the Grounds Committee may report the violation or problem to the Board of Directors of Cross Keys Property Owners Association for further action and follow-up. The Grounds Committee shall be appointed and serve at the discretion of the Board of Directors of the Cross Keys Property Owners Association. The Grounds Committee shall consist of no less that one (1) member and shall have no more that three (3) members, who will be owners or representatives of owners of property within Cross Keys. RECEIVED DEC 0 4 2003 PLANNING DIV. Bill of Assurances and Protective Covenants- Cross Keys Page t0 of W 13 34. VIOLATIONS: Any and all violations against a lot/homeowner(s) may result in a levy against the owner and the property by the Board of Directors of Cross Keys Property Owners Association. All violations should be considered of the utmost importance and be addressed and responded to in a timely manner. Correction of the item in violation should began, as soon as possible. If the property owner believes the violation is wrong or incorrect, the properfty owner should contact the issuing party of the violation as soon as possible. 35. ASSESSMENTS: Lots owned by Charles W. Sloan and Associates, Inc. shall not be assessed an annual assessment fee as long as the lot remains an undeveloped lot. Once title of a lot is transferred from Charles W. Sloan and Associates, Inc. there will be due and annual assessment of two hundred and fifty dollars ($250.00) which assessment shall be for a full calendar year. Assessments will be due January I" of each year. For any lot purchased in mid -year, the lot owner at closing shall be assessed and pay the annual assessment prorated for the remainder of that year. Assessments shall be collected by and paid to the Cross Keys Property Owners Association. Assessments shall be used for the repair, maintenance, upkeep, and replacement of the entryways, retention ponds and surrounding areas, common areas and improvements, public areas and parks, golf course and to pay the costs associated with the operations of the Cross Keys Property Owners Association, including costs and fees paid to lawyers and accountants. By a two thirds (2/3) vote of the Board of Directors of Cross Keys Property Owners Association or a majority vote of the owners of lots in Cross Keys Property Owners Association the assessment may be periodically increased or decreased. By acceptance of ownership of a lot within Cross Keys, a lot owner is agreeing to pay current and future assessments and is agreeing assessments shall be deemed a lien against the lot. The lot owner agrees a lien which results from a failure to pay an assessment may be foreclosed in the same manner provided by Arkansas Law for the foreclosure of a real estate mortgage. Each lot owner agrees to pay Cross Keys Property Owners Association costs and legal fees associated with the collection of delinquent assessments of foreclosure of liens. 36. DURATION OF COVENANTS AND RESTRICTTIONNS: These restrictions and covenants are hereby declared to be covenants running with the lots and shall be fully binding upon all persons acquiring property in said subdivision whether by decent, devise, purchase or otherwiiRECEIVED DEC 0 4 2003 Bill of Assurances and Protective CoveuaNa- Csoss Keys Page 11 of PLANNING C-i` . • �. 13 any person by the acceptance of title to any lot in this subdivision shall hereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. These covenants are to run with the land and shall be binding for a period of twenty-five (25) years. Said covenants and restrictions may be extended for successive five (5) year terms if approved by a majority of the lot owners. 37. BINDING EFFECTS AND AMENDMENTS OF COVENANTS: All natural persons or other legal entities who shall acquire any lot within the Cross Keys subdivision shall be deemed to agree, accept, conform to and observe the restrictions, covenants and stipulations contained herein, and the By - Laws of Cross Keys Property Owners Association and accepts membership in the Cross Key Property Owners Association. Any amendment of these covenants and restrictions requires an approval by a vote of seventy-five percent (751/o) of the lot/home owners of all phases within Cross Keys. No changes in the covenants and restrictions shall be valid unless the amended covenants and restrictions are properly recorded in the recorder's office of Washington County, Arkansas. No amendment shall be allowed which would be in violation of RSF4 zoning in affect at the time of the amendment. 38. SEVERABILITY: Invalidation of any restriction or portion of a restriction set forth herein, or any part thereof, by an order, judgment, or decree of any court, or otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof; as set forth herein, but they shall remain in full force and effect. p Executed on this S day of 2003. Charles W. Sloan & Associates, Inc. B wnelapd (,level�ey \jl 7harles W President RECEIVED DEC 0 4 2003 PLANNING DIV. Bill of As nccs and Protective Covenants- Cross Keys Page 12 of ACKNOWLEDGEMENT State of Arkansas ) )ss. County of Washington ) On this the,V day of December, 2003, before me, a Notary Public, the undersigned officer, personally appeared Charles W. Sloan, President of Charles W. Sloan and Associates, Inc., known to me to be the person whose name is subscribed to the within instrument and acknowledged that he had executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. No Public My Commission Expires "OFFICIA e^%s' Raymond C. Smith Notary Public, some of Arkv 00unty0fWashington M CnalMMM . MI 2009 RECEIVED DEC 0 4 2003 PLANNING DIV. 13 Bill of Assurances and Protective Covenants- Cross Keys Page 13 of MIS 0 R-PZD04-U.00 Future Land Use ......................................................... .......................................................... .................... ........................... s ........................... l .............................. ......................... .....................: Overview CROSS KEYS Legend Boundary Subject Property EM R-PZD04-02.00 c0000� Planning Area 9 a000000 Overlay District Streets L _ _l City Limits \_. Fxisgng � Outside City Planned Master Street Plan 4sill Freeway/Expressway Principal Arterial '01%.p Minor Arterial 0 % , Collector 000me Historic Collector 0 200 400 800 1,200 1,600 Feet • • e ' 4' &SS hLr FAYErrEVILLE R"PZD ay-& oa Naldq TO: FROM: DATE: RE: Ms. Morgan: Suzanne Morgan, Planning Battalion Chief Kyle S-CUM(9) February 25, 2004 < ` Time / 0is6hceMeasurements "Cross Key" s _ 0s�" k, As per your request I site of Fire Station #7 are approximations di Fire Station #2 Miles — approxi Time — approxu Site of Fire SU Miles — approxi Time — approxii ana'( o the vanables that come into anyemerg KeY is r minutes 55°secon`ds c o Cross Keay,; rI :p 6nute36 seconds 3, 401 y.. Station #2 and the nue. These times response. t Subdivision Commit • ass t� /� December 30, 2003 k—pz Q 0vad.2.60 Page 39 3/SL/ p R-PZD 04-02.00: Residential Planned Zoning District (Cross Keys, pp 438) was submitted by Chris Brackett of Jorgensen & Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the corner of N. 46`s and Persimmon Street. The property is currently zoned R-A, Residential Agricultural and contains approximately 38.48 acres. The request is to rezone the subject property to a Residential Planned Zoning District to allow for the development of a residential subdivision with 109 single family dwellings proposed. Bunch: Just a comment, the PZDs seem to take a little longer as they come through but the added deal is if they had to come through individually as a Rezoning and then a Preliminary Plat or Large Scale Development I think it winds up taking even more time. On the surface these things look like they are quite lengthy, and they are, but they are still shorter than having the duality. As we move to the next item on the agenda it is another Residential Planned Zoning District for Cross Keys submitted by Jorgensen & Associates on behalf of Sloan Properties for property located south of Wedington in the Persimmon and 46`h area. Suzanne, can you give us the staff report on this please? Morgan: Yes. The applicant has requested a Rezoning and Preliminary Plat for this residential development for an R-PZD. The proposed use is single family residential with 109 lots proposed with a detention pond located south of the property. Also, the proposal is to have this community fenced with a wood and brick fence. Also, the density for the entire site is to be 2.83 units per acre. The land is currently zoned R-A, Residential Agricultural and the site is located north on Persimmon Street and east on 46`" Street. The item must be heard at City Council pursuant to requirements for a PZD. To the north the land use is single family residential zoned RSF-4 and R-A. To the south the land is in the Planning Area and used for single family. To the east is currently zoned RSF-4 and to the west Persimmon Place Preliminary Plat has been approved for the west of this development. Water and sewer are to be extended to serve this development. Right of way to be dedicated is 50' along all of the interior rights of way and 70' along Persimmon Street as well as 50' along 46`s Street, a local street. Street improvements are construction of Persimmon Street along the southern property line. There are to be street connections to the south and west of this property. Tree preservation information, existing is .13%, preserved is .08%. Mitigation is $1,050 payment into the tree escrow account. Staffs recommendation is to forward this R-PZD to the full Planning Commission with a total of 13 conditions. Number five, Planning Commission determination of connectivity. Staff is recommending a street connection to the east to allow connectivity for future development. Number six, modified to state Planning Commission determination of street improvements. Staff is recommending 14' from centerline for 46 h Street to include curb, gutter and storm sewer. Staff will be recommending a cost share for the developer to overlay the entire Subdivision Committl • December 30, 2003 Page 40 width of 46 h Street for the length of the project. Item seven, payment of parks fees in the amount of $60,495 for 109 single family units. Bunch: Thank you Suzanne. Are there any additional comments from Parks? Ohman: No Sir. Bunch: Engineering? Casey: Not at this time. Bunch: At this time we will turn it over to the applicant. Will you introduce yourselves and tell us about your project please? Brackett: Yes, my name is Chris Brackett, I'm with Jorgensen & Associates representing Charlie Sloan who is here with me. This is a PZD. The main reason why this was brought forward as a PZD is because as a firm, we were involved with the development of Persimmon Place adjacent to this and there were many concerns with the adjoining property owners with this development. Through the rezoning they had a serious problem with not being able to see exactly what we were planning on doing. With this process we felt that we were able to bring forward exactly what we were proposing and present to the adjacent property owners. Also, this development the density is more than the RSF-4 required and we had some other slight changes to that zoning. We felt that it was appropriate to bring this in as a PZD and will be happy to answer any questions you might have. Bunch: At this time I will take public comment. Is there anyone in the audience who would like to address this R-PZD? Seeing none, I will bring it back to the Committee for comments. One of the first comments we need to address is what you just said about the density. There was considerable complaint and comment concerning the development across the street because of the density and the size of the lots and the impact that those would have on the neighborhood, whether it be from perceived property values or traffic or whatever. How is this going to exaggerate or help the situation where you are getting more of Persimmon built? Are you building both sides of Persimmon? Sloan: Both sides. Brackett: Persimmon brought through the Bill of Assurance we worked out with the adjoining property owners required 80' wide lots. We are at least 80' with the majority of these being 85'. My understanding of the problems with Persimmon was they didn't want the 70' wide lots and pack them in kind of development. They wanted a larger home with a little bit bigger lot Subdivision Committl • December 30, 2003 Page 41 than your normal, than some of the subdivisions that have been developed in this area. This exceeds what Persimmon does and by the lack of public comment I think we've achieved something that the adjoining property owners are comfortable with. Bunch: Can you tell us a little bit about the detention pond and how that is working? I know that it is on the property that is owned by the same owner. Sloan: I am going to own all of it, both sides of Persimmon. Bunch: Are there any kind of easements that need to be drawn up Matt for the detention pond since that is part of this? Casey: Before that goes to construction we will require offsite drainage easements to be filed for that area. Bunch: I guess by having both pieces of property that makes a much better solution by putting it down next to the drainage area. Sloan: It really came from staff that we have that down there, we have the availability. We are going to put one down there eventually for the other side so we had space to make it fit together. We already have a natural drainage to that point so why not just go ahead and continue on with it. There are some other things planned for the land across that that may benefit it in a long run by doing it that way. Bunch: Is all 70' of right of way for Persimmon being dedicated in this proposal? Sloan: Yes, we are going to be able to because we will be closing on everything and then we will be able to dedicate both sides. We went back and sort of worked something out so we do make sure that we do own everything completely so we can dedicate it. Bunch: All of your lots with just an exception of a handful of them are just over 11,000 sq.ft. The ones that are under are just barely under. Sloan: We are putting up a 2,000 sq.ft. minimum on the space. Bunch: How will the fence around this compare with the fence that is going in across the street and will it create a monotonous corridor down through here and a wind tunnel or what is the deal on the fences? Sloan: Suzanne may be able to show a quick elevation of what we are proposing for a fence. I knew that there was one across the street so we were trying to do something like that. I had planned on an all brick fence but the more Subdivision Committi • December 30, 2003 Page 42 you look at a solid brick fence the more you don't really like a solid brick fence. I thought maybe we can do a mixture where we have basically brick across the bottom of everything and put maybe cedar or something in between it to lighten it up and maybe breathe a little bit. Maybe we can get together with the gentleman that owns the project next door and maybe we can coordinate so they will complement each other and one doesn't look like a stark contrast from the other. Bunch: Was the one across the street supposed to be poured concrete? Brackett: We were required to show it as a decorated concrete fence. Sloan: One of the neighbors called me this morning and said that they would like us to work with the owners of Persimmon Place and possibly coordinate that fence. It may be a little bit different color but the same texture, something that looks good. I am sure they would want to keep their distinct subdivision. We are trying to tie something together on this side of the street that ties together with the rest of the land across the street for future expansion. Bunch: I think it is just a matter of keeping it from being like a concrete canyon, a little diversity in there and also a little breathing room. A solid fence was predicated on sound and visuals and everything else. Now that the situation has changed I think it is wonderful that you are working together to try to create something that is a little friendlier. Sloan: We are going to try to. The neighbors, at least the one I talked to, said that he was going to try to get the neighbors to work together to support some kind of change. They still want the fence there but they would like to see a little bit more diversity rather than just a block fence or a solid masonry fence. Bunch: Is this going to have a P.O.A.? Sloan: Yes. That will be taken care of through that. Bunch: Through this one? Sloan: Through all of them. Hopefully this will be Phase I of an overall project and then each one will be just added to it. We will come back with the southern part with another PZD because we will have multiple size lots with a little bit bigger lots all the way up to an acre and possibly four or five acres around the existing home. Bunch: Are you going to restrict access to lots 36 and 37 to Turner Drive? Subdivision Committo • December 30, 2003 Page 43 Sloan: Yes. Bunch: That begs the question of where is the fence. I guess the sidewalk will be outside the fence? Brackett: Yes, the sidewalk is in the right of way, the fence will be outside of the right of way. Ostner: Is there a space between the fence and the sidewalk? Sloan: Yes, it will be landscaped. Bunch: Also limiting access on lots 1 and 49? Brackett: We have a note that all lots will access interior streets. Bunch: There is that short turning radius and medians here will preclude some of that. Sloan: That will stop that for sure. Bunch: Unless there is a car space between it. Of course, you build out most of your subdivisions yourself don't you? Sloan: I usually do but this one there will be quite a few builders, probably five or six builders in there with me at least. I don't have a problem with that. I just know on corner lots you guys like to have side garages but we are just talking about four lots being affected. I don't have a problem with it, I just hadn't thought about it. Bunch: Do you think by the time this gets to full Planning Commission that you will have a better handle on what the fence will be? Brackett: We are going to propose that. Bunch: The one across the street was just a regular subdivision, it wasn't a PZD. Brackett: Right, it came in before that ordinance was approved. Ostner: I have a question. I'm not sure it is even for you guys. These comer elbows, I was trying to find some guidance in the development manual on the limit of width of streets. I know we accept cul-de-sacs but these are neither. How are these streets widening to 60' or 70' in the corners? Casey: I don't know that you will find that in our manual anywhere. It has been accepted practice for years to do this in a residential subdivision. Our Subdivision Committy • December 30, 2003 Page 44 minimum street standards state that the minimum radius for a street is 150'. If you did that in a subdivision like this you would have all radiuses and no straight portions of the streets. This is an option to overcome that. They allow the little bulb around the corners that gives plenty of room for turning movements. It also gives the benefit of adding additional right of way frontage for these corner lots. You are not forced to have the larger lots in the corners to make your frontage requirements. There are a few reasons for that. It has the same radius as our cul-de-sac which is 40' to the back of curb. Other than that, I don't know that you could find that anywhere in our minimum street standards or in our development code. It is just accepted practice. Ostner: So, 150' minimum radius. I took my pen and paper last night and I'm pretty sure if it was just a curve that that would be real close to 150'. Brackett: We've drawn it that way. A 150' cuts this lot out and it brings you out into here. Because this 150' on the centerline and then you have your additional 25' on the outside. It is substantial. Ostner: Since this is a PZD those are all on the table. You get an extra lot in every corner. Those lots, even though their frontage at the right of way line is 70% their curb is tiny and the driveways tend to pile up as they do on many cul-de-sacs. This is just something that concerns me. I'm not sure how to resolve it because it is a standard practice but I just wanted to ask the question. Anthes: I'm with you Alan, these things drive me crazy too. We see them a lot, I always know there is a Jorgensen plan coming through when we've got these little elbows everywhere. Bunch: One thing that we have to remember is that these are R-PZDs and not Conditional Uses so we have to go by what the existing ordinances require on these sort of things. If we have plans to modify this I think that there is an avenue to present that to the Planning Commission and forward it to the City Council to alter the methodology of development. Brackett: Our point of view is that it is standard practice. We do do it a lot. I don't feel that it is a safety concern. If the Planning Commission does feel like it is something that they would like to see we would hope that it would be brought forth as far as city policy before we are in the process. Ostner: This is late into the game and I'm not sure that it is fair to ask it of you now. I understand that staff and no one has brought this up until now. Anthes: It is just something that we have been kind of commenting on in the background and we need to start talking about. You are the first. Subdivision Committelp • December 30, 2003 Page 45 Bunch: You are the guinea pig to make this thing go forward to present to the City Council to see what they think of it. Ostner: Since this is going forward as a legislative act by the Council, this 46`h Street I understand is a minor arterial. Warrick: 46`h Street is a local street. Brackett: It was a collector street before Persimmon came through and that collector street was moved over to Broyles. Bunch: That was the relocation of the water line and everything for Broyles. Ostner: The high speed alley that is being inadvertently created is not your fault. You all are following our procedures. I think our development standards need looking at. Part of the street's purpose is to provide frontage and we are requiring no one to have frontage. You all had to duplicate frontage on both sides. No one can face the street. We've got three streets where one could work. I think that is expensive. I think it is backwards. It is usually presented on the point of safety that this street is going to be high speed and we don't want people coming out from their driveways. I would like to challenge that philosophy. Not every street is a high speed street. I believe with frontage it reduces speed. When you create an alley of course you are going to speed, why not? No one is backing out, no one faces it. Here again, this is not really relative to your project, you followed the procedures. I want to bring that up. I don't think that is good Planning. I don't think it is good for our city to create these high speed alley ways. Bunch: I guess what would really be the key to it is what happens if 46"' is extended to the south. Sloan: It won't be. Bunch: As it stands right now, Persimmon is going to be a fairly close parallel if we look on this, to Hwy. 16 that is going to go down to Shiloh and it will go over to Double Springs. Broyles is being rerouted. Ostner: That comes right back to the question is does every street that functions over 40 miles per hour have to be restricted to no frontage? 1 disagree. We have got lots of streets in town right now that function that way safely. Bunch: The question here is this one being restricted for traffic reasons as much as it is aesthetic reasons. Once we have, I know that the statement is made Subdivision Committe4p • December 30, 2003 Page 46 on here that we are restricting the access to it. I don't know if this is going to be a high speed street but it is going to be a busy street. Ostner: Then why do we restrict access at all if it isn't going to be high speed? Why do we build streets not just to get from one place to another but lots of different functions. I believe this street has one function to get somewhere in and out, not to have dialogue, not to have yards. Bunch: If access were granted along that street and this street were moved over we would still have the same number of streets and same number of accesses. Ostner: This system where backs of houses touch backs of houses is sufficient, there is one frontage. This system where the backs of houses all have a very expensive street. It is awkward at the edges of development. Bunch: If this street were here and a road was moved over that backed up to this there still would be very little gain. It would be virtually the same situation that we already have. Ostner: No, you wouldn't have the backs of houses facing a street. Bunch: That is one reason we have the fence in because of the backs of houses but if the houses face the street and then you have the houses back up to this and move this road over you are still going to wind up with the same amount of roads and a similar number of lots. Ostner: No you are not. This system right here with the backs of houses on the backs of houses, four rows of houses and two streets. More than twice as much asphalt, more than twice as much traffic. This is not really on the point. I wanted to bring that up as a point of discussion. Warrick: I would just add that I think it was during the development of Persimmon Place that 46`h Street was downgraded from a collector to a local street and we don't want to have all of those curb cuts on a collector street. When that subdivision to the west was designed it was with the intent that that would be a collector street and not to have that many curb cuts onto 461h Street with it being classified in that fashion. After it was preliminary platted 46`h Street was downgraded and Broyles was upgraded because of other situations. Ostner: I understand that. There are streets that carry more traffic faster than streets that we call collectors. Warrick: You were just asking about why we had a fence against that street for Persimmon and for this one. This one I believe the developer just chose to Subdivision Committe December 30, 2003 Page 47 mimic what was happening across the street. That was not a city requirement that they not access 46"' Street. Ostner: It makes sense. It has already been done once so you need to finish the project. Sloan: It complies with what they requested. Ostner: I am just trying to bring up for discussion that just because of the fact that it is a collector I disagree that it needs to have restricted access. We have streets that are bigger than collectors, Old Wire off of Mission carries a ton of traffic and people live on it. Sloan: I agree with you. Across the street right here, we've had this discussion already. We would like to mimic what's happening with this house all the way down this thing with the wrought iron fence. These will be acre lots with an individual automatic gate to each lot which their drive would come out onto a collector street. We feel like 16 lots is not going to be a tremendous deterrent to a street. Ostner: I think frontage is a key. An 85' lot on a major street might be dangerous, a 200' or 250' lot there is a big difference. Sloan: That is what we propose to do on this side is to access this street this way since we are basically building it again. That gives us the opportunity to try to keep the character of the houses that are already there and then go from there to the creek. Then we would hit the creek and have a natural barrier. Ostner: With a larger lot you are less apt to back out. You are more apt to turn around. Sloan: We would probably require an oval drive, just like this. Each lot would have to have an oval drive. so they would be heading out forward. Ostner: That is just common sense. America was built that way and we have sort of fallen away from that. Bunch: Looking at how this area is developing overall, regardless of how 461s Street is designated, it is going to function as a fairly heavy traffic carrier. Sloan: We are working with the two land owners here. One of them is a friend of mine and we are basically going to be handling the development of that eventually over the next couple of years and with John Nock to go ahead and get this street built through eventually all the way through. We have Subdivision Committee • December 30, 2003 Page 48 sort of a gentleman's agreement to try to get this thing resolved immediately. We are trying to funnel our people over to Rupple Road. Bunch: As Hwy. 16 gets widened, I think the next phase is to widen it out to Double Springs. Eventually there may be a light at Double Springs and a light at Rupple. As this goes through and then being a straight shot to Shiloh, the current use of this area is going to change considerably. Of course, with the sewer plant going down through here and with the change in Broyles being a north south down to the Farmington area and Hwy. 62 we are going to see some major reconfigurations of the traffic patterns in the whole sector. Sloan: We are trying our best to keep people off of 46`h Street for the neighbor's sake. We are going to improve it on our end of it. That is a point of contingency that I have is I would rather my money be spent building sidewalks for them all the way to Hwy. 16 than building our street out. Leave the street like it is, put a sidewalk down it, back off the curb and gutter and spend the same money. Cut the check to the city or we will build it here is how many dollars we are going to spend to improve this between myself and the other developer. Let us take it and do something all the way to Hwy. 16 whether it be sidewalks, fill in one ditch on one side or whatever we need to do. Right now the rules say we need to improve this street. Bunch: What we need is Charlie in on our long term planning for this area of town because he is doing most of the work out there. Sloan: We hope to be back. Our goal right now is between this development and we have another project that we are trying to get annexed in, I know we are going to be held up because of the annexations. Our goal is to put Persimmon from Double Springs Road to the Boys Club. We will take care of making all of those connections with the next two projects, John Nock's project and the McBride project. That is what we are trying to piece together right now so that we have a road running parallel from Hwy. 16 from Double Springs. A lot of that comes from Farmington so they could turn down Persimmon and then turn to go to Broyles verses coming back on 16 and around. Ostner: Hwy. 16 needs another outlet. Sloan: We are trying to solve one of the problems as far as traffic. Bunch: This part of Shiloh is one way isn't it? Sloan: It is one way going south. Subdivision Committee • December 30, 2003 Page 49 Bunch: There is still Betty Jo and Rupple. Sloan: Right. Ostner: If the north bound people stayed on Wedington the south bound could use this. Bunch: We are diverging onto long range planning. Sloan: We don't mind talking about long range with you. Bunch: Especially since you are heavily invested in this area of town this is to your benefit. Moving this forward are any of the conditions of approval sticking points with the applicant issues for you all? Ostner: Yes, number five. Sloan: I know what is planned. We have two different neighborhoods. We are going to build a street that will give you connectivity because we are building a collector street that is only a few hundred feet away. We don't understand why we should have to connect. He has a totally different concept of what he wants to build there verses what we want over here. We don't really want to connect the two subdivisions together. I went to one of your street meeting things they had. Streets can be used for other things besides driving on like kids and things like that. I feel like if you keep making connections people will find a short cut even though there is an easier street one block down the road they are going to keep cutting through in places. He already has two or three connections that he has to make to Meadowlands that are already there that he has to tie into. We didn't see, since we would be making a connection here or here, preferably we would not make a connection here. The neighbors really didn't care to have this connection but we didn't see any reason if we are building this street for you here why we should have to make a connection here. It is not like they are going out on Hwy. 265 to go from Savanna to one of the other subdivisions. Bunch: How about an alternative transportation path through there and have them walk or ride a bicycle as opposed to a street connection? Sloan: We wouldn't have a problem if we had an easement or something through there to connect. Bunch: I would personally be more in favor of that than the automobile connectivity just for the same reasons that you discussed to have the concept of a neighborhood and if there is a different theme in the Subdivision Committee • December 30, 2003 Page 50 development next to it to have some sort of multi mobile connection but not necessarily automobile. Sloan: I live on a cul-de-sac and I have two little girls and they have road their bikes out there for years on that cul-de-sac and I feel like if you can sort of keep some of the traffic contained into some of these smaller areas that it gives the kids an opportunity just to feel like you are not in a high traffic place. That is the main thing that we were looking at. We didn't see any sense in connecting those two together. Bunch: I always use the Tulsa model of that where every ten blocks either north, south, east or west there is a major thoroughfare, regardless of what it is called, arterial or a collector or whatever. Within those ten block square areas there is traffic calming and less access just for that reason to have a neighborhood and have a place for children to play and to learn to ride bikes and learn about traffic and that sort of thing. Those of us who are addicted to automobiles have the every ten blocks we know that there is something. We don't have to have a major cut through every two blocks. Sloan: We don't have a problem with doing that. Then across the street we have talked with Parks and Trails about connecting this neighborhood down toward the creek which will eventually have a trail through it too. We are trying to work it out where it will be more of a bicycle walking friendly neighborhood. Obviously, for kids the big draw is the Boys Club sitting over here and access to get there. That was one of the things that the neighbors commented to me, just get my children a way to get to the Boys Club without having to go around and that is what our proposal was. We will work together and make sure that we get that. Bunch: If there is some way of coming up with an alternative path down towards Persimmon with bicycle and walking and all that, it would be a lot safer if the kids could cut through. Sloan: That is something that I would have to get with John to coordinate but I don't think he would have a problem with it. Anthes: What is his concept? How is it different? Sloan: He is doing rear entry garages, smaller homes, alley ways I believe is what he is looking at. Casey: He is showing an alley back here to access the back of the homes in the preliminary drawings that I saw. The access would go onto a public alley. Warrick: We have looked at the adjoining project concept in concept. It is obviously, not in process yet. Staff is also recommending a connection to Subdivision Committi • December 30, 2003 Page 51 the east. Our recommendation would be that lot 11 extend to connect to the vacant tract of land between 25 and 30 acres to the east. Yes, there is a concept for the development of that project. However, that concept may never come to pass. I believe it will. I fully believe that that project will come forward. As Matt said, that developer is looking at some rear entry alley access type configurations. When we spoke with him, when staff made him aware of our intent to have a cross access between this development and his he didn't love the idea but he did state of course, if he was required to connect he would connect. He was following up this project as he is following up development to the north that have stub outs with intentional connectivity to this vacant tract of land for future development. As his development is coming in behind all of these others he is having to respond to those other decisions that were made with regard to connectivity with that tract of land. In reality it is a timing issue as to who comes first and who has to react based on other people's actions and other decisions of the Planning Commission. Staff's opinion is that it is not just getting people on foot from one development to the next. It is getting mailmen, it's getting the UPS truck, the trash truck, getting everybody who needs to travel from one development to the next off of the more major streets for convenience purposes but also just because it is reasonable to do it. We are planning a street system for the city, not for individual developments and we need to ensure that they respond to each other but that they also can protect the integrity of developments. I think that it is very important that when we look at this we have to look at those macro issues. This is the city street system that we are trying to ensure reasonable connectivity in. That is why we made the recommendation. It is obviously, a point of contention and Charlie and I have agreed to disagree on this one and we will continue to do so amicably. We are looking for the Planning Commission to make a decision with regard to this connection. Ostner: I would tend to agree with Ms. Warrick that these being developed from a development to the east in essence says this is our street and then this person says we have ours and we have ours. In my mind that is not what a city is all about. A city is all about these are our streets. If this is built in such a way that these people can't use it even to drive to their friend's house it is not a macro vision. I think lot 11 is a great place to put the connectivity. I think he could still have a completely different look. I have driven from subdivision to subdivision sideways not out on the major streets and you can tell how that changes. That could be his alley access right there, I'm not sue. I'm in favor of condition number five and it is something we have held a lot of other developers to. Anthes: Exactly. I feel that there are a lot of other developments in this area that we are putting the same condition on and we need to be consistent in those decisions. Subdivision Committlp 0 December 30, 2003 Page 52 Bunch: What about lot 13 then as opposed to 11 or 15? From an Engineering standpoint, Matt, would that cause any problems with the turns and the radii? It would give a traffic calming affect. 15 would definitely be a straight shot through. 13 or 11, I realize I I doesn't go through to 46. Ostner: This is already your traffic calming, offsetting intersections is second best in my mind when intersections line up it is much safer. There are fewer intersections, there is one instead of two. No one is going to want to go through all of these stop signs as a cut through to go fast. Sloan: How many times do I cut through Wilson Park a day? Ostner: That is different. Those aren't offset like these. There is nothing for a quarter or half mile. That is why we all do it. There is nothing that is happening that way. Sloan: There is a street that I'm building that is five lots down. Ostner: That is why traffic won't cut through I believe because we find the path of least resistance and you'll go to it. Sloan: I believe people will cut through here, through here and go through his. Even though it is not logical to do it. Ostner: If these were lined up I believe that could be a problem. Sloan: That is just like saying these people won't go up 460' Street if we don't have that there. They will still go up 46`" Street. That is the reason I can see the neighbor's point of view. If this is here and we are funneling traffic back that way there will eventually be a light at Rupple and that is what we are hopefully planning on the traffic for that purpose. Ostner: It is strange but cut throughs can go both ways. There is a high speed cut through and a friendly neighborly cut through. Connectivity is all about cut throughs but it is all about friendly, low speed neighborhood cut throughs. It is not high speed I'm going to cut through and ruin those people's neighborhoods. I think lot 11 would do that too. Bunch: I know that this has been a rather drawn out meeting but I think we have touched on some important issues here because this whole area of town, these are issues that we are going to be looking at in the future and I would like to thank Charlie for giving us the opportunity to look at these. We are going to see this more and more as this area develops out so I don't think that the time that has been spent today, I think may have been wisely spent because these are issues that are constantly in front of us and that are Subdivision Committee • December 30, 2003 Page 53 going to be in front of more and more rapidly and particularly as Persimmon goes through. Now that the Boys Club is built that is a motivating factor. I think you could probably tell us more than anyone since you have had considerable development in this area. I know that you are having a rather rapid build out. Sloan: It is. This is the growth of Fayetteville right now. The bigger growth is going to be out in this area. The builders are excited about it. We have home owners calling about this area. The Boys Club is a big attraction. It is for myself. I have two little girls that made me join the new club. That is a big drawing power and we have hopefully some great plans for another benefit for the Boys Club with the next development. We hope to do some stuff that we actually build some stuff for the Boys Club and give it to them for additional recreational facilities for them. We have the space and we have some other area that we are not going to utilize so that is what we are trying to work with the other two land owners. Bunch: Build out rates on your developments over off Double Springs Road really accelerated. Sloan: It is unbelievable. It is going to make a great neighborhood. There are beautiful homes. Bunch: You were concerned with phasing those in and blinked your eyes and were doing final build out. Are there any other comments on the conditions Charlie? Sloan: No, I guess I will give into Dawn and give on number five. Warrick: I think it is a win/win situation. Bunch: What if it is a gated community? Sloan: I tried one several years ago and I didn't know what the Planning Commission's feelings were on gated communities because it is a situation where it could be done very easily. We are going to put fake gates up here to match what goes up across the street. Is that a no around here? Bunch: I don't know, we haven't run it up the flagpole yet. One of the things we will need Charlie since this is a PZD we will need a height and better description on the fence, height and location. Warrick: I think it is pretty well described in the elevation drawing. I would be interested in understanding how it relates to the fence across on the other side. Subdivision Committee • December 30, 2003 Page 54 Sloan: I just got a phone call this morning and he said please try to coordinate something. Brackett: The fence for Persimmon was required by the Bill of Assurance. This is a voluntary act by this development and we really don't want to go into extraordinary lengths of developing this fence at this time when really what we would like to do is work with the developer across the street. Bunch: I guess we can do that as a PZD, just call it out as an architectural type fence and then allow some latitude or does that get into substantial change venue? Warrick: If you approve it allowing some latitude then it wouldn't be a substantial change if they came back with something different. I think that it would be appropriate for the fence to be of sufficient height to provide a screen which is typically considered 6' to 8' and if you are going to suggest that it is at least predominantly brick or masonry in structure then whether the panels set in are wood or wrought iron or some other type of material we can work that out. Sloan: I would love to have wrought iron to match across the street but then you are looking in the backyards, I don't want you to look in my backyard so then you need to panelize that. Bunch: I'm trying to limit the red tape on it. Normally PZDs are kind of nailed down but I think we may have some latitude depending on how you present it where we can specify an architectural fence compatible with the fence across the street. Anthes: If you could bring a photograph of the fence across the street that may help as well. Ostner: As part of the negotiating I would be much more willing to hand this off into the hands of the staff if you all would agree to plant a tree every 40' with a group of shrubs every 20'. Sloan: Hopefully all the comers will be landscaped. I was hoping to come out here and do a short wrought iron fence or something that matches here and then we can do flower beds. The same thing with the entry. Chris has a common area with the entry for planters and hopefully down here we can do some small landscaping and maybe a tree wherever the panel happens to hit with the brick panel. Ostner: I think that would make a big difference. In fact, I would include that with the fence in my mind because that is what you see, you see the fence and Subdivision Committ• • December 30, 2003 Page 55 the landscaping. Two fences with no landscaping can be really oppressive. Sloan: Landscaping will be there. That is to try to break it up. Brick fences look good at first and then you need something to break it up. Ostner: You've got a couple of trees and then some landscaping. Sloan: I didn't know I was going to have to furnish that but that's easy enough to draw that on a cad program, stick it in there and try to come up with something pretty quickly. Ostner: Since this is a PZD everything becomes law. Sloan: I will try to get somebody to work on a couple of renderings and come down with something. Ostner: I would bet that more landscaping on paper would be more helpful. Bunch: Actually he has a little extra time because of the holiday. This is Tuesday instead of Thursday and then the agenda session so you have time to work with your neighbors and then come up with a presentation. Let's get this one on the road. MOTION: Ostner: I will make a motion that we forward R-PZD 04-02.00 to the full Planning Commission. Anthes: With the connectivity at lot I I? Ostner: With condition number five talking about a street connection to the east being made at lot 11. Anthes: I will second. Bunch: Do we want to specify at lot 11 or do we want to leave that to Charlie to negotiate with staff between now and the full Planning Commission? Brackett: We are going to put it on lot 11. Bunch: I will concur. Good luck. Planning Commission• • January 12, 2004 Page 5 R-PZD 04-02.00: Residential Planned Zoning District (Cross Keys, pp 438) was submitted by Chris Brackett of Jorgensen & Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the corner of N. 46`h and Persimmon Street. The property is currently zoned R-A, Residential Agricultural and contains approximately 38.48 acres. The request is to rezone the subject property to a Residential Planned Zoning District to allow for the development of a residential subdivision with 108 single family dwellings proposed. Hoover: On to item number two on the agenda, R-PZD 04-02.00 Cross Keys. This is for property south of Wedington Drive at the corner of North 461h and Persimmon Street. Suzanne? Morgan: The developer's engineers failed to comply with the notification requirements for this item and we are requesting that this item be tabled until such time that the notification has been completed. Hoover: Thank you. Do we need to vote on this? Warrick: In order for it to properly go through the process notification will need to be given in a different manner than it was originally and it will have to be heard again at the Subdivision level as well as Planning Commission. I think it is more of a procedural issue on the administrative side to ensure that it gets through that process properly. Mr. Whitaker, do you think that any additional action needs to be taken? Whitaker: I think that since it was read as an item of the agenda and folks probably were expecting to hear something about it a motion to table and a vote would be appropriate for the record. Anthes: I move to table R-PZD 04-02.00 to follow administrative procedures. Bunch: I will second with Planning Commission• • February 9, 2004 Page 2 Hoover: Welcome to the Monday, February 9, 2004 meeting of the Fayetteville Planning Commission. Renee, will you call the roll please? Roll Call: Upon the completion of roll call there were nine Commissioners present. Hoover: Thank you. The next item of business is approval of the minutes from the January 12, 2004 meeting and the January 26, 2004 meeting. Do I have a motion for approval of the minutes? Allen: So moved. Church: Second. Hoover: Call the roll please. Roll Call: Upon the completion of roll call the motion to approve the minutes from the January 12, 2004 meeting and the January 26, 2004 meeting was approved by a vote of 9-0-0. Thomas: The motion carries nine to zero. R-PZD 04-02.00: Residential Planned Zoning District (Cross Keys, pp 438) was submitted by Chris Brackett of Jorgensen & Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the corner of N. 46`h and Persimmon Street. The property is currently zoned R-A, Residential Agricultural and contains approximately 38.48 acres. The request is to rezone the subject property to a Residential Planned Zoning District and to approve the development of a residential subdivision with 108 single family dwellings proposed. Hoover: Thank you. The first item of business is under old business, it is R-PZD 04-02.00 for Cross Keys. Suzanne? Morgan: Yes Ma'am. The subject property is located south of Wedington Drive at the corner of N. 46`h and Persimmon Street. The applicant is requesting a rezoning and a Preliminary Plat approval for a residential development with an R-PZD zoning district. The proposed use is single family residential with 108 lots proposed. Density for the entire site is 2.81 units per acre. Connectivity from this proposed residential subdivision is being provided west to 46` Street, south to Persimmon Street and east to a vacant tract of land for connectivity to future development. Street improvements include construction of Persimmon Street along southern property line and a recommendation from the Engineering Division to cost share for the developer to overlay the entire width of 46` street. Findings by staff include the applicant ha submitted a Bill of Assurance and Protective Covenants for this Cross Keys subdivision. The R-PZD is located on land identified on the General Plan for residential use and the Planning Commission• • February 9, 2004 Page 3 density will not negatively impact surrounding properties. The subdivision is also near the Boys and Girls Club and will be able to promote community for this area. Permitted uses, the applicant is requesting Use Unit 1, City Wide Uses by Right, Use Unit 8, Single - Family, and Use Unit 24, Home Occupations. Staff finds that a development with 2.81 units per acre is consistent with the General Plan and connectivity is being provided. Staff recommends that this be forwarded to the City Council with a recommendation for approval of the requested rezoning and Planning Commission approval of the proposed Preliminary Plat subject to 14 conditions. Some of which include Planning Commission determination of appropriate fence material if desired and appropriate timing for installation. The fence shall not encroach upon any rights of way or easements. Condition five, Planning Commission determination of street improvements. Staff recommends 14' from centerline of the 46"' Street including curb, gutter and storm sewer and to modify condition seven to read "Allowed uses in this R-PZD will be restricted to Use Unit 1, City Wide Uses by Right, Use Unit 8, Single - Family, and Use Unit 24, Home Occupations. Staff has received signed conditions of approval. Hoover: Would the applicant come forward please? Jorgensen: Yes, my name is Dave Jorgensen, I'm sitting in for Chris Brackett who is on seminar all week long. We are here to answer questions and try to move this along in the process speaking on behalf of the owner. As Suzanne mentioned, we did sign all of the conditions. We are in agreement with all of the conditions. Hoover: Thank you. At this time I will open up this R-PZD 04-02.00 to the public. Is there any member of the audience who would like to address this Planned Zoning District? Yes Sir, please come forward. Adams: My name is Gary Adams, I'm a homeowner at 760 N. 46 h Avenue which is the feeder street that goes down to this proposed development. The only problem I have is the fact that 46`h Street was a feeder street, I suppose now maybe it has been changed, buy only by maybe definition. It didn't meet all of the requirements. It is still lacking in those requirements and yet we've got one new subdivision going in and we are asking for another one now to be ok'd and 46`h is going to be one of the major arteries for both of these subdivisions and it is going to cause a lot of potential traffic problems out our way. We've got that concern. We wish something could be done with 46'h Street. We were told when the other subdivision was going in that there wouldn't be a lot of dump trucks going down our road because it would be coming in from 54'h Street. If you take a drive down our road today it is mostly red clay where hundreds of dump trucks have been going up and down 46`h Street to the subdivision that is being built Planning Commission• February 9, 2004 Page 4 currently. We do have a bit of a problem with respect to 46'h Street. We feel like it needs to be developed before we have additional units put in there. Everything Charlie has told me about the project does sound like a good project. It is just that I wish the city would do something with respect to 46`h Street. I know that originally Charlie didn't plan to have an outlet onto 46`h Street but the city apparently required him to do that and it is going to be a pretty major problem I think whenever we get all of those houses into our area. I wish something could be done on 46`h Street. Thank you very much. E Hoover: Thank you. Is there any other member of the audience that would like to address this Planned Zoning District? Seeing none, I will bring it back to the Commission. Staff, would you respond to that question about street improvements on 461h Street? Casey: Street improvements are being recommended and proposed due to development along 461h Street but only the length of the project. The other streets involved with this entire construction, the entire width of construction of Persimmon along the southern boundary of the project and also the interior streets to the project. The thought behind this was with the next phase of development that we will hopefully see this year will connect Persimmon all the way to Rupple and Rupple will be one of the main thoroughfares. Also, Broyles Avenue to the west through the Persimmon Place subdivision that we saw last year, will be constructed all the way up to Wedington this year. It has already been bid. Construction should start at any time. We are looking at Persimmon almost 100% improved through that area all the way to Rupple, Broyles all the way from Persimmon to Wedington and then the section of 46'h Street along the project side. There should be plenty of improved surfaces for them to exit out to Wedington on in the near future. Hoover: Thank you. Subdivision, were there any specific items that we need to address or were all your concerns taken care of? Bunch: I think most of the concerns were taken care of. There was one question, it is the interconnectivity with this and the potential subdivision to the east and I don't know if that has been addressed. We might have the applicant respond to that. Basically, we talked about street improvements, fence and that sort of thing. It is a pretty straight forward project. Jorgensen: Thank you Don. I will try to address this connectivity. By any chance do you all have in your packet a picture of this project and the project that is immediately to the east of this? It would be a large sheet of paper. I was thinking that you all had that. We have a version that shows these connections. In lieu of that, if you will refer to your vicinity map that is on the Preliminary Plat that will help us. It is up there in the right hand • •Planning Commission February 9, 2004 Page 5 corner of the Preliminary Plat. If you will notice the darkened area is the 40 acre project that we are talking about right now, Cross Keys. Immediately to the west of that in the audience they have mentioned 461i Street. Immediately to the west of that is Persimmon Street. Matt mentioned that Broyles Street, you can see a dash going up to Wedington, that is going to be constructed starting this year. The connectivity that Don is mentioning is the project immediately to the east of that shaded area which is the remainder of Meadowlands Phase II and Phase III, it is also being referred to as Rupple Row, it goes all the way from this project to Rupple Road. This project right here has 2.3 lots per acre. The project to the east of this is I'm not sure what the density is, but it is definitely more than this, it is a completely different type neighborhood. I am not going to get into a dogfight on this connectivity issue but the developer of Cross Keys and also the developer of the project to the east wish that this connection not be made. I know it has been traditional that the Planning Commission has asked for connectivity for obvious reasons but there is two different types of neighborhoods. I will let Charlie Sloan address the differences in these neighborhoods. It was thought that there would be adequate connectivity by going down to the south down to Persimmon Street and then going east over to Rupple Road or you could go west and hit Broyles Avenue and I will let Charlie address that. He's got a better idea about that. Sloan: Hi, I'm Charlie Sloan, I'm the developer on this project and the owner. After visiting with John Nock on his project proposed to the east of us we really didn't want to make a connection. We didn't mind doing a pedestrian connection but we felt like that on my project if you count there are four lots down from where the connection is proposed, I'm building Persimmon Street. We are going to build a collector street there. We felt like we were still in the spirit of connectivity, we don't feel like you have to get out and drive around like some of the neighborhoods where you have to go maybe a mile around just to get to the next neighborhood. We are talking just a few lots over. We just felt like with that connection that we would have people cutting through. John feels like more through his project that there was more of a chance that my people would cut through his project than his would come through mine. One of the things that we talked about was traffic going through there with that connection was the fact that I attended one of the seminars here about uses of streets and street designs. One thing streets can be used for besides driving on is for children to play in. As long as you don't have.traffic that doesn't belong in that neighborhood cutting through there those streets could be used for more than just traffic and that is the reason we just felt like that connection wasn't necessary. I know we discussed this twice in the Subdivision Committee meeting. I know the policy is connectivity, it is just one of those things that we wanted to address and see, we felt like maybe that was something since we are building a road right here beside us that we Planning Commission• • February 9, 2004 Page 6 wouldn't have to connect. We didn't mind doing a walking which would encourage walking, bike riding or something like that between the two neighborhoods. His has rear entry garages is what he is proposing, which will have alleyways backed up to me. We will be more of a ranch style home, bigger homes. Technically you would leave my neighborhood and go right into an alleyway of his is what you would end up with. We just felt like we were two different type projects and we would just like to keep that separation so each one could sort of keep it's identity. Yet, we didn't feel like we were impacting. I think he has got three or four connections, two connections to the Meadowlands he has to make, two on Persimmon and I think one more on Rupple so he is going to have four or five connections coming into his neighborhood. That's all I can say on that particular reason. The other thing that I had talked with Gary Adams had been 46'h Street. We are improving 46`h Street on the south end of 461h Street. I think that the problems they are having are up on the north end. Once again, we didn't have problems, I don't know if this is the forum to address it. Money that we would spend on the south end could be spent more or less on the north end to maybe widen that for so many feet so when people pull off of Wedington it is not a narrow road. I don't care where the money is spent as long as it is spent in the best place verses us curb and guttering the south end which the problem is really not at the south end, the problem is more at the north end. Whatever we can do, we are proposing, it's not on the plans, we are going to go ahead and extend our sidewalk up to the next street to try to make a connection so it would be easier for that neighborhood to get onto our sidewalks to come on down to hopefully be able to walk to the Boys Club and make it a little bit easier for pedestrian traffic. That's all I've got . Hoover: Thanks. Are there any other comments? MOTION: Ostner: I would like to make a motion that we approve R-PZD 04-02.00 to the full Council with the conditions as stated. Hoover: I have a motion by Commissioner Ostner, is there a second? Allen: I will second. Hoover: Is there more discussion? Bunch: I would like to offer an amendment to eliminate the vehicular access to the subdivision to the east and have it remain as a pedestrian and non - motorized vehicle access way. Hoover: Does anyone want to second the amendment? Planning Commission • February 9, 2004 Page 7 Shackelford: I will second it. Hoover: We have an amendment by Commissioner Bunch and a second by Commissioner Shackelford to make the eastern connection pedestrian only, not vehicular. Bunch: Not motorized vehicle. It could be bicycles, scooters. Shackelford: For the record, that is the connection that lies between lots 10 and 11. Hoover: First we are going to vote on the motion to approve as is on the drawings? Williams: No, on the amendment first. Hoover: Is there anymore discussion about the amendment? Anthes: A question of the applicant. You say that Putting Green Drive if it extends to the east lines up with the alley in Mr. Nock's proposal? Sloan: Yes, he would have a street extending on. Once you leave my property the first thing you are going to hit is his alley. He will run an alley parallel with my property line. I guess I didn't make that plain. Obviously, if I put a street to my property line he is going to pick up the street. I'm just saying the first thing that we hit are his alleys feeding the back of his properties and stuff like that. Anthes: You would cross that alley but you would still be on a street? Sloan: Right. He would have alleys feeding into that street. We agreed to put a fence up between us and everything else. I'm just saying as you pass through there he has alleyways running behind is what he is proposing from behind his houses with all rear entry. I'm just saying that that is sort of what we would be feeding into would be his alley ways there. Obviously, it would be a street going into another street. One of the things John is wanting to propose is because he is going to rear entries is to propose the 24' wide street, the smaller residential street. Here again, that is not determined by the numbers yet but that is what he is proposing. He is going to have a little bit narrower streets so that is another reason for him not wanting my traffic cutting through his neighborhood. There is one little loop when he puts everything together there is one little short cut that people might have a tendency to take to get to Rupple Road verses going out Persimmon and taking Persimmon over to Rupple Road and coming around. That is one of the fears that he had was more traffic. I thought John would be here tonight but more of my traffic going through his project. Planning Commission• • February 9, 2004 Page 8 Anthes: Staff, have you seen this project? Warrick: We've seen a concept drawing of this project. It is not in process. If there is a connectivity requirement or if there is not the Planning Commission will be asked to review the project to the east of this site and determine the appropriate connectivity and layout. Anthes: My question is have you seen the layout and are you satisfied that this connection can be met? Warrick: Yes. Anthes: Thank you. Hoover: Is there any other discussion on the amendment? Graves: 1 just have a question on the conditions of approval number four and five have some Planning Commission determinations included and the motion was to accept those conditions or include those conditions, we need to make a determination even if it is the staff is going to decide that or whatever, we need to make some kind of determination on that I think. Hoover: Can we do that after we vote for the amendment? Williams: Before the amendment but not before you vote for the whole thing. Hoover: Right. Graves: 1 think the amendment has to be voted on first. Hoover: Is there any other discussion on the amendment? Bunch: 1 would like to make one comment from the General Plan 2020, and this is in your packets on page 1.15, 9.8F, it says "Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and services." Having an alternative transportation mode connection does promote alternative transportation and possibly would discourage people from just jumping in the car and driving over to the next door neighbor's to encourage walking and that sort of thing. There is still, if the amendment is approved, there is reasonably close access for vehicular traffic and I think that by changing that connection to an alternative transportation mode that it is in keeping with our 2020 Plan directives. Hoover: Is there anymore discussion? Planning Commission• • February 9, 2004 Page 9 Ostner: We've discussed this at Subdivision, as might be apparent at this point. The reason I think that we should approve the drawing as drawn is that when we start doing little sidewalk cut throughs, which is what we are talking about. Changing this street connectivity, driving connectivity, to everything but driving, I believe quite the opposite happens. I believe it becomes for kids. I believe it becomes mostly for people who cannot drive or who are not driving. I think connectivity has a certain status. I think we are living in a car culture. We wrestle with that a lot but this is a car culture. If we start to let subdivisions enclose themselves without street connections, driving connections, like we did in the old days, our other streets get traveled more heavily by cars because there are no other options. That is really the point of connectivity is people say well, I have no choice, I have no other way to go, I have to get out on this street. We started doing connectivity to give people options because people do drive a lot. With a full street people have all of the options. They can drive because that is just what we do but they can also do everything else. They can walk on the sidewalk, they can take bikes and alternative transportation and that is the thing about connectivity that I believe is important. Our whole town becomes, for lack of a better word, a cut through, but we don't want it to be a fast cut through. If you have to get through and you have to take another way there is another way. I believe it should be a driving connection as it is drawn. That's it. Allen: How would we proceed with this voting because Commissioner Ostner was the one that offered the initial motion. Hoover: All we are going to vote on is the amendment right now not to do the vehicular eastern connection. Then we will proceed to the next level. Shackelford: Obviously, I seconded the motion for the amendment so I'm in support of this. I agree with Commissioner Ostner that this will be a place that kids are going to use. I, on the other hand, I support that. I think this is going to make this area safer for the kids in both neighborhoods. This is an area that there are going to be a lot of kids walking and riding bikes with the close vicinity to the Boys and Girls Club. Whenever I looked at this I thought that was a good idea simply because there is pretty close connectivity to the south and east on Persimmon if you had to take vehicular transportation through here that this might be a safer alternative for the children of both neighborhoods by cutting down on some of the interior traffic on some of these smaller roads. That is kind of the thought process that I went through in my decision of whether or not I would support this. Vaught: I have just two quick questions. It is my understanding that if we go to pedestrian only the right of way remains the same, we are not going to Planning Commission• • February 9, 2004 Page 10 shrink that down to like 6' wide that it is going to be a wider connection of some sort? Have you guys had that conversation with the developers? Warrick: We don't require a right of way for a pedestrian connection. Usually it is an access easement. Vaught: I would like to see it remain the width it is so you don't shrink it down and have fences on either side so it is a small little alleyway to get through between the two. Also, my concern is the connection on the other side that it remains of the same character getting them to the streets and sidewalks in the next addition. You could build alleyways all down there and that could dead-end to the back of houses if it is just a little access easement. I would like to see that continued through in the next development. I do like the idea of making it pedestrian only, or non - vehicular only. I do think kids will primarily use it but I don't think that's a bad thing. I think that could be good with the vicinity of the Boys and Girls Club and some of the other things going in this area and the heavy residential development in this area. Hoover: Is there any other discussion? We have an amendment to do no vehicular access on the eastern connection, that would be a yes vote. Bunch: That would be the eastern extension of what is shown as Putting Green Drive between lots 10 and 11 and east of Mulligan Drive. Ostner: Yes means for alternative transportation only? Hoover: Yes. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to amend the conditions of approval to eliminate the eastern connection of Putting Green Drive was approved by a vote of 5-4-0 with Commissioners Anthes, Ostner, Hoover and Allen voting no. Thomas: The motion passes five to four. Hoover: Thank you. Looking at the Planned Zoning District as a whole. We have a motion but we have two discussion items. Item number four, staff would you respond to this? Is there a recommendation on what kind of fence? 1 thought usually that would be decided on before it got here. Warrick: The applicants presented a proposal, you should have drawings in your packet. The question is should there be a fence and should it look like what they are proposing. Planning Commission• • February 9, 2004 Page 11 Anthes: On page 1.15 of our packet, calling from the General Plan 2020 regarding community character, 9.19d clearly states "Discourage perimeter walls and guard houses around the perimeter of new residential developments and promote "connectivity" to increase accessibility and provide more livable neighborhoods." We have a strange condition here in that we are building three streets where we really should be building two. These backyards could easily adjoin each other without the street and creating this alley condition going through with a raceway with fences on either side. Can you tell us, at Subdivision when this was seen we didn't know what was happening on the other side of the street from this development, do we know now? Warrick: We know now that the applicant for Persimmon Place Subdivision, the Bill of Assurance that they provided when they were zoned for that property to be developed for the single family subdivision, Persimmon Place, one of the conditions in that Bill of Assurance was that they construct a masonry wall adjacent to 46`h Street on the edge of the property. Part of that had to do with concerns of the neighbors with regard to noise and the appearance of the subdivision. They have in house submitted to the Planning Division a request for the Council to consider reconsideration of that Bill of Assurance to provide a more aesthetic fence wall that is more consistent with what is being proposed for Cross Keys. I have asked them to bring us that information so that it can be provided to the Subdivision Committee as well as the Planning Commission before it is forwarded to the full Council because it does have a lot to do with what happened through the Planning process on the Persimmon Place project. One of the reasons that I believe these two developments ended up backing up to 46's Street, which is not necessarily, a desirable condition based on the information that you just sited out of the General Plan, is that when Persimmon Place came through the Preliminary Plat process 46`s Street was designated a collector on the Master Street Plan. As that project was approved and shortly thereafter in timing, that street was downgraded from a collector status on the Master Street Plan to a local street and the collector status was then granted to Broyles Road which is on the opposite side of Persimmon Place west of the project. That had to do with a better connection getting from Wedington Drive all the way south to 6`s Street but it did affect what had already been approved through the Preliminary Plat process for Persimmon Place. That is kind of where we are with that process. These two projects, you are right, we do have that section of the General Plan that discourages perimeter walls. There is concern that with both of these subdivisions having large tracts of land just walled off on either side of 46's Street that we will have a condition that is not as conducive to community as we would prefer. Planning Commission• • February 9, 2004 Page 12 Hoover: If I'm understanding the plans correctly, because they have all their backyards facing the street is the need for the fencing. That is not the preferred way but I can see the reasoning behind it. Anthes: It is because of the fact that we have this three street condition instead of a two street condition which you would normally see in this instance. Knowing that and knowing that the people that purchase these homes would probably rather have some sort of screening, the idea that that would be as they are shown masonry with a wood infill that might have a little bit more transparency to it, seems a little nicer than a huge masonry tunnel going down between those two properties. Sloan: Precisely. I just wanted to address it. We started out trying to only duplicate what had already been passed before just for compliance sake. We didn't want to fight or do battle again. Once we sort of designed it and looked at it and went and looked at some fences, a masonry fence is pretty stark. It wasn't what we wanted. We were trying to figure out some sort of textures. You do have the back of the houses looking at you and I know in my home you don't want to see my backyard. You want me to have a fence up so that is the reason we were trying to figure out what we could do. Basically, do partially brick, partially shadowbox fence of some design and the main thing was landscaping. We talked to Commissioner Ostner about having trees every 40' or 50'. We went back and talked to the owners of Persimmon Place and said could we not work something out that compliments each other so we don't have one side looking like one thing and another side looking like something else and so they were gladly in agreement to do it. I said put a little bit more emphasis on landscaping and everything. Across the street we are coming back with a proposal that on the south side of Persimmon Street all the way from Broyles Road possibly almost to the Boys Club that will all be white wrought iron fencing. We don't want to block the view of everything to the south. We are trying to do something with this one that sort of fits that project that will come forward later on that compliments it and that is the reason, one of the things for the curved wall at the intersection so we don't have a square wall. Create more visibility and landscape that corner so that although it is not the entry. What you are seeing is perspective of a drawing sitting at 46`s Street and Persimmon looking east on a road that hasn't been built yet. We are trying to make that a focal point on the corner so it is not as stark and just a square box and not just boxed off so we were just trying to look at some different products to use there. We told staff we didn't mind working with them on what we came up with between the two projects, something that is pleasing with the neighborhood. We are visiting with the neighborhood. This started from one of the neighbors saying look, I don't really want that wall. The person that wanted that wall is no longer really there, I've bought him out. Now Planning Commission* • February 9, 2004 Page 13 maybe we will have an opportunity to relook at the thing if everybody is willing to come up with something that is a little bit better of a plan. Anthes: Will your P.O.A. maintain this wall? Sloan: Yes, just as it would the walkway space and we have no problem leaving the same spacing on the walk way between the two projects. Anthes: That is item four right? Hoover: Yes. Is there any other discussion about the fencing? Onto item number five, staffs recommendation for improvements 14' from the centerline of 461h Street. Warrick: I would ask that as the Planning Commission is making those determinations that you also determine that Persimmon Street on the south be fully constructed. It is not listed on there but is listed in the findings. Hoover: Do you want that to be item fifteen or include that with item five? Warrick: It is pertinent with item five that it also include the construction of Persimmon Street along the south property line to 28' with curb and gutter. Hoover: Are there any comments about staffs recommendations. Are we in agreement or does anyone have a problem? Vaught: I would rather see the road next to this fully developed instead of having half of it developed on the other side of 46`h and leaving the other side next to this addition not fully developed. I would like to see the whole road finished out rather than take the money and shift it further north on the road as the developer mentioned. I think that that will come in time as well as more development comes through. I would like to see the road completed. Hoover: Staff, do you have a comment on that? Warrick: I believe that is consistent with our recommendation. Bunch: In that same view, a question for staff. Is the other side of this being comparable improvements being put in by Persimmon Place? Warrick: Yes, along 461h Street they have the same requirement. Shackelford: Did we get a second to the original motion? Planning Commission* • February 9, 2004 Page 14 Hoover: We did but I can't remember who it was. Thomas: It was by Commissioner Allen. Hoover: I guess we need to ask the first and the second are you in agreement with Persimmon Street on the south being constructed? Ostner: Yes, to change condition number five to include staff recommends 14' from the centerline of 46`h Street including curb, gutter, and storm sewer and 28' along Persimmon along the south edge of the property. Hoover: Is there anymore discussion? Renee? Roll Call: Upon the completion of roll call the motion to forward R-PZD 04-02.00 to the City Council was approved by a vote of 9-0-0. Thomas: The motion carries by a vote of nine to zero. STAFF IAIEW FORM - NON -FINANCIAL OOGATION AGENDA REQUEST For the Fayetteville City Council Meeting of: March 2, 2004 FROM: Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: CP&E Department R-PZD 04-02.00: Residential Planned Zoning District (Cross Keys, pp 438) was submitted by Chris Brackett of Jorgensen & Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the corner of N. 46th and Persimmon Street. The property is currently zoned R-A, Residential Agricultural and contains approximately 38.48 acres. The request is to rezone the subject property to a Residential Planned Zoning District allowing for 108 single family dwellings, a density of 3.56 units per acre. STAFF RECOMMENDATION: Approval. any AA�tto�rney— Department Director Finance & Internal Services Dir. Received in Mayor's Office Date 2/ Iq/oy Date —/g—� Cross Reference: Date Previous Ord/Res#: Date Orig. Contract Date: �o�/ Orig. Contract Number: Date New Item: Yes No Date FAYETTEVI LLE THE CITY OF EAYETTEVIILE. ARKANSAS DEPARTMENTAL CORRESPONDEN To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: March 22, 2004 Re: Ordinance No. 4548 Attached is an executed copy of the above ordinance passed by the City Council, March 16, 2004, establishing a residential planned zoning district, R-PZD 04-02.00 containing 38.48 acres; amending the zoning map and adopting the developmental plan. This ordinance will be recorded in the city clerk's office, microfilmed, published in a newspaper of general circulation and filed at the county courthouse. If anything else is needed please let the clerk's office know. Attachment(s) Iasi 5A ..,. P=1 0 PUBLICATION I, ,�14 , /_ / ZlU/J/'. Z2.1,, do solemnly swear that I am Legaf Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: 0 was inserted in the regular editions on Po# Dom. & "" Publication Charge: $ to Subscribed and sworn to before me this f'oy . day of 44C6 . , 2004. My Commission Expires: 87A_5�/dOO Please do not pay from Affidavit. An invoice will be sent. Official Seal SEAN-MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07.25-2013 RECE►VED MAR 2 5 2004 CITY CLERICS OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. �E�B AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED - ZONING DISTRICT TITLED (R-PZD 04-02.00l LOCATED SOUTH OF WEDINGTON DRIVE AT THE CORNER OF N. 46TH AND PERism 1�i , STREET CONTAINING 38.48 ACRES MORE OR LESS; Exiiiiiii AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEMLLE; AND ADOPTING THE ASSOCIATED RESIOEN- ft Of Fay AND AMENDED DE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYETTMLLE, ARKANEAE: Section 1: That the zone classification of fhe foMowtrg described property is hereby cwh9ed as fobwa; From RA Residential Agriculture to R-PZD 04.02.00 as shown In Exhibit'A' attached hereto and Made a pert hereof. Section 2. That the charge in z"" clazUficatcn Is based upon the approved master tlevelot t plan and development standards as shown on the plat end approved by the Planning Corrahealan on February 9. 2004except that PUthg Green DrNO shall be extended to the east as a local sweet.. Section 3. That the urdrence shall take effect and be in IUa force at such time as all o/ the requi erhand; of the development plan have been met. Section 4. TM fhe oMcal zorwrg map of the City of FayanavWe. Arkenea% Is heraby amended to rMect the zorwg change provided h Section 1 above. PAEEED mU APPROVED INS the 16M day of March, 2004. EXHSIT'A' R-PZD 04-02.00 OF THE SE1/4 OF THE SWIM OF SECTION 12, T16N, R31W IN WASHINGTON COUNTY, NSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE )FINER OF SAID SE1/4, SWI14 THENCE S02037'23M 1.63 FEET TO THE P.O.B.. THENCE 7'23M 1320.10 FEET, THENCE N87.02.10M 1266.36 FEET, THENCE N02016'32'E 1318.64 THENCE S87"'18'E 1274.35 FEET TO THE P.O.B.; CONTAINING 38.48 ACRES MORE OR SUBJECT TO EASEMENTS AND RIGHT OF WAY OF RECORD. RECEIVED MAR 2 5 2004 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE a pp t,. , f'rn aryl. ., ,y 11 I"potr t .L r. ,i, S5 & .{Y."t I t A'w Nk., m le ILI k i! r „.i__, i f` i 1 _I "'! t16?„ d�\ 4 �`•-.„ _ .. 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I '� "� ✓' COMMENCING AT THE NE CORNER OF SAID SEIPI,., SWP14 THENCE S02037'23"W l.C?3 t I; y I I-` II5f0 FT 11,510 FT ,,..,. ., ".,.,I 11Il,5l 6 2° M / 7 2 0 LO �? A IL,041 FT „" ! - •'F°�, 10'UE "` z M1I510FT2 I"� us/,50 T N r4,7$4FTz w „� .r /,d FEET TO THE P.a.B., THENCE S02°37'23"W1520,10FEET, THENCE N87°02'10"W u z I ro ILL ......._ n i I tT8 03"'w"�" i f 58TO l0"t 20' 1/.E. I ".""°,,.... , ,°"' q o I �1 F' 20' /k - - - �,�I I- - . — f 1266.56 FEET, THENCE N02016'328E 1318.64 FEET, THENCE S87°0678"E 1274.35 „I �;[ ,oI 20,UF. 4y o ekd ,' t--._.,Il.._..�-'..�-- w LO'U.E.-�iIv`w n !—_.�______ 1 �'t� ca•,.. "- _,,, S87°02'10Ed _ f FEET TO THE P. Q. B.; CONTAINING 38.4$ ACRES r`10RE OR LESS SUBJECT TO a SIR i1o.02' _ _� _J L." G 2 c6 m �:' Y TZ 64"&b"'" .,. — r __ __ ; -- ..,.,.._.. S87�02'LO E 4 I, - f 55.54''� /' EASEMENTS AND RIGHT OF WAY OF RECORD. II,684 FT I I: _ 8" WTR I IZ, �6'_._, _.'_8T."A-s -. ---.^`-----•. "y r, a ti z I I B4 6, k —_ ___ u f 712 0 o aIz m M `,. r .11(A.02' s 84.86 ""$`4"A6 1 u w o - , „'" ld 84.`.'^ ---•� tj..m fL082 FTz . SIOEWALG( ,. �E! : I L4,7f14 FT2 "r` ui 11,510�FT2 ° t.. 7 7 2. .�? % ! Pn .*'" :. f* ; .., " 1 / G� �58 02'l0" I ro WUM ILI I "SWR. WFfM LAN[ IINVESTMEN7"S'"L ILL ,x^.� 4 ul j n't o �� E 1� N '� „.., M.... Lf� 11;5510lFT M 11,5/(°IpFT2" Ira 1/, 5J0 Tz ° �r �" 2 w �° r " o g,...,.. �, I _- ___.__ _ 0. e"S L366 OAKS'MANOR DR. :�.QciD PLAIN NOTE: F r /050 T =L ! Ipccaa I. a �, uy 34. kn r I. +. �, of 03 6d ! I "J h. S r !!5/0 T r -2+"' FAYETTEVILLE, 2 u" wa F PTEY LL AR 72703 t° A• . I f! ba2 F7` I :� �!' 1. ''._.� r I _ :, A ^ y _.._ L5q e M t 'h I1,...rIQ'F7 l(, 510 FTzu> 1,j (4,7$9 FTz -��..' o! I 1 1 I vp' ZONNC, = RSF-4 I" I = 141 m.,. -8 "SWR. — 4' S{DEW LK 4hC SETDA1 o s 3,317 FTz I °"4 THIS PROPERTY IS NOT AFFECTED BY THE I00 YEAR FLOOD PLAIN IleI R5 n2 94.$6 tl u _ A" WTR. Q I a � AS PER FIRM #0514,3CO091D DATED 07-21-99. _I 13,5.49' ' " ^,', " A4 86 84.86 6 I, . }- --• _... �..._,=^"-'- 84 86 84 86 A4.8' ' .... ��... 39?1, o RBI .,, ,�...,._ ,...�.: "^- . ' "P : �=. , „84, , h 84,66e$5 r7. I I _ a? ? 11, 515 FT .,,-+r..^,: ` "".� .,.,",. -' k .,,.,,-�_ ,�„,•�,Pa�EpEN ®RPS/.�.�.(L: �!W � _ �;..,i,-... _.. J0�4 3_ PEDESTRIAN .n $4.86' 4.8b' tr A,• :� . -.", Oar- _ _-_ •..:.. ,r.. - ,:,...,., • .�,.,m,� .,. �.., ACCESS NOTES: - . ILL Le, .I".^ "e I-,._..-.-__.•-._._F ! !�" .fy .•A:`.."' i' � l� k it - 86ILL I r34.46' i ` ro _ �I n t !I� , `,�``WR. _.-_," �_ Re.86 A5.Oi' .SL' '�" "v ""` a i it I) THERE ARE Na KNOWN WETLANDS ON THIS PROPERTY, IILL 25 BLDG. SE W f tl U:E. - 109: 2) DETENTION POND SHALL. BE MAINTAINED BY THE P,O.A. ,1. '7, 7, k P I. I Ia I Pal o l4,TA0 FTz ° M z z I I ° ' , e1 I I 7�, � �— i L 3) TWO SIDEWALK ACCESS RAMPS WILL BE INSTALLED AT EACH STREET j C �,. I { ( "p.°^" i, FT2 rri ,r5q °"> u�i ,SQ i 1 ' I' " �::..... rL510 FT M rr fb FT^ I' I ro u tell u,S �r f - z" I I ° ° ? ^ M ��. ._ ; CORNER. I ! -It 429 F'Tr m I '�pI k .. o !o �'I i�`f -,510 _..,, "� 11,5Lo FT >nr p u? �F _ 13, 166 F.T.2..�'� L _ I .F. I I n 510 FT IIS/0 F(2N 4,7 z \ 4) ALL UTILITY CROSSING SHALL BE 6 4" PVC PIPES BURIED MINIMUM --- U ! aA87 02IOE t 9 FT ,a ^ 20' UE, 1 .._.. ......_... I �'_ t33 44' o jn -Ne- ...._.__" ,-,,.. _w._. ......_J f.,_..._.. __.._... _...._,. � 10' U.E. -t� II , N q ! `' 1 i"'5 bc'fO°E� �i�� � 42" DEEP. y 20' U Et - 84.R6' — _ — _ S) LOTS MAY ONLY ACCESS INTERIOR STREETS. 2a' U.E. -. _ 1L0. 02' --- ,._...._. ,,... ,_ .._....._ ._.... '"" -..,. _,...._i: L:�W ...._..,..,, .._. I _ 9 I $4 R' — 1 6) THE DEVELOPER SHALL BUILD A DECORATIVE PRIVACY FENCE 2' o 587a02'!0°E �) ui _ ,�. !0' - °`.. 84. R6'" _,_ " t4 86' ` . - 5 _... I = ..>: , F -... - , ,....«. ,d 84 8f" fi"�...;., _.�. .._.. ....,. i w c Ih 1 `. o I OUTSIDE OF 46TH AND PER.SIMMaR1 STREET ,Rt{ uT_ }F._ I �pFILL?WAY S. o i" ut "7 P;x.,,,^^' r t r SF3. .,w ", trt""1.:1c'r' [ -1 / �r:. \ lt,T.4:r �.:. _ p I f4,789'FT2 o va.,.,,,, � ..G. o "a 'w t g ,.5 . .,,_ `.`; �4" WTR I m <' F �a . I 2 2 : w SPb'F �'� 5J F `e7 A 2 ,., ..., ,. T ll 0 T ui 2' "., 26.62' _ 1 � 11i o ..� M I(,Tiw10 FT ui 1I5(0 FTz' ui ,� e o 9 w:: � M.� "" is � t 'SB7°02'IO°F IS.,.. IoI 21.03• ._�.. f �� 3a'r we :.. ,, �' nIf,510'PTz ;; lr570 FT 2` ui �" 2 °'49 wILL,,,, �,•� I :"' I S,® �I l03f4 FT! Vl7, It :.;. \ __-. ___. BLLILLDG,.wSE, TB ILLCK A U.E. `, na_.If,5t`0 FT ° ui � eo to /4, 789 FTz ��' 1 l_ 1,7b. 00' pf 85 03,.:..,. 86 `-- 84 86 BG.�fSlL9E' FiLKB 8" WTR. `> II, 5lO FTt o aa^�, I ua Ira, x,T ,. • I t p, `' ti fr"O, ..m ' -- 84 A6 84 8b -. .__ t _ `�k'. 1 p3'"' ",...,,. -,+^r=^.�.,.. ,. .-:t^ 86 _ 84 86 _ 4e " 11,994 FILL? I`ILL, n .. .,,5i ! I 4 I ...,. ._.... _....&....a, ®a5Q' R/T� MY�gPro-.'" _ _... .,:F... ,.0 .., ,., ,,,, , .. 84. Ab' 8R /' SL 4 \ F LmIECmIEND FOUND IRON PIN I BOUNDARY CORNER CENTERLINE MARKER STREET LIGHT SET IRON PIN SEWER MANHOLE FIRE HYDRANT fL STREET LIGHT CENTERLINE STREET UTILITY EASEMENT _ BUILDING SETBACK 8" SEWER LINE 8" WATERLINE 4 SIDEWALK DRAINAGE PIPE UTILITY CROSSING TREE PROTECTION FENCE ILL P ---^T P. -�L IIIIIIIIIIIIIIIIF 2efelm ii I,1d' 4,r�. >i 0 STREET RIGHTwOF,,IWAY & SIDEWALK K TABLE STREET RIGHT OF WAY STREET WIDTH SIDEWALK GREENSPACE PERSIMMON STREET 70' 28' 6'** 15e �...25;« 46TH STREET 14'* -- — 4t DIVOT LINK 66 46' 4' 6' WEDGE DRIVE 50, 28' 4,_6_ PUTTING GREEEN DRIVE 50' 28, 4' 6' FLAGSTICK DRIVE 50' 28, 4' Fa� LOFTY WOOD DRIVE 50, ^� �28, 4 6_ TOURNAMENT DRIVE 50, 28 4 MULLIGAN DRIVE 50 28, 1 4 69 ENGINEER JORGENSEN 8 ASSOCIATES CONSULTING ENGINEERS, INC. 124 WEST SUNBRIDGE SUITE 5 FAYETTEVILLE, AR. 72703 (479) 442-9127 DEVELOPER SLOAN PROPERTIES, INC. 3459 NOTTINGHAM PLACE FAYETTEVILLE, AR. 72703 (479) 444-8404 OWNER THE HOYET GREENWOOD TRUST A, JEAN GREENWOOD DOWERS, TRUSTEE 452 NORTH 46TH STREET FAYETTEVILLE, AR. 72701 ZONING = R-A ALLOWABLE USE = SINGLE FAMILY (USE UNIT 8) PROPOSED DENSITY = 2.81 LOTS/ACRE " DISTANCE TAKEN FROM CENTER.JNE. SIDEWALK TO BE INSTALLED L ED O,I NORTHSIDE OF PERSIMMON STREET ONLY AS SHOWN ON THIS PLAT. Im An.dalib"'d:. G en•aai,. T SIDE REAR PLAT PAGEw #438 25' 8' <. 0 s;le `x„ IT' 106 92. cry «.. d - �. _ .. ,:....,,,. e, D Ca L -- _ w ' b°E SURROUNDING PROPERTY OWNERS FOR .MEADOWL_ANDS-PHASE._1-8 It na r ...'.'.. .>ar - .°:ems• ,,..,,.;n: - ' m.' B' �'- ;.. r t ,.23 N79 p9_,r" - '.✓ I, r "_x- 2h' LOT 25 - 1968< - CRAIG LUTTREL-L, 441a BELT_ FLOWER DR., FAYETTEVILLE, AR. 7<704 �''"•,� I ! ,. ! I u* at `s-.' : ' -^re. -,., '. '- 948 93• '�^ s, TY^:..^, p` ^ n --> '� ,,, ^t II S ",, t , 5.00" 77. 0' "'^m*- �..-»•.,,.,";-a,�,.--�---��•-.c-,�.. m � R , o �n> F LOT 26 - 19663 - DEBBIE L. SCOGGLN, 4403 BELL FLOWER DR., FAYETTEVILLE, AR. 72701 q of 17,330 FT - A ESMT.3 w, • 1 i _. _._,,,_ 'X an00'"•p x -` ... ^ NN,� cF. 7 Q f- 20 OkN. s 7 . � I « h I 2 ,9.41. 113W�': F � v �, ._,.�, 8 a DO SL 52.0�.°,'�� yw.``m °� I "'j LOT 27 - i9684. -SPENCER 8 ALL.Y50h' BROWN, 4,387 BELL FLOWER DR., FAYC-'TTEVfLLE, AR. T2704 ux ba !, 84.41 of Id pro o - "a v o ,Q?^ o, t ..II ti'`" '•I,,,,, I G I. -..I y qw ^I I� ri ^ 3 .....,..N AY. , 25 BLDG. 5 AC.K & L'E. �"I'. - "' " . ;^*"` 1 f4,920 FT2 `'w '` LOT 28 - 19685 - BRIAN SANDERS, 4371 W. BELL FLOWER OR., FAYETTEVIL.L.E, AR. 72704 I ti , , 2ui , ' y { " 8" SWR. "s?> 1' I LOT 29 - t96Bb - MtC,HA[L B. 6 JOANfJ L. TRAW 43'44 W. BELL FLOWER DR., FAYETTEVILLE AR. 72T04 ti wti a73 FT of i:l^ y,°y Ml1,529 FTz n 1,„ ?Q '�a 13, 7FT v n' w,., t,.,j �a 46.6 20' L/. E'. k F^a -.- `x-'`,,,„ _I r" �I' L___ _,_,._� _�.. -_ y ,11, 524 FT o ? (�I5"z FT III . PLANTERS zI ro g9 1 m 1l3,Sd7 FT', � o �, £ 3 Z.I `� ,to � qx �. � 70,p0' 5,6. � LOT LOT 30 - 19687 - THEODORE J. LS MARIAN R. STAHL., 882 N. OUE'FN ANNES LACE DR„ FAYETTEVILLE, AR. 72704 � u u ] w r•«r«'rP _ I ,�.n --.._J - ., - r.`.L _25 BL ISETBAK 9 U. 3'A, a C' .PLe4NTEI4i'Sw w 2 ff,524 FT I - 24*. ,.,M e-u I nr �' ' "�"" ' LOT 31 - 19688 - EMADDUDfN GFIOL)SE, 431f W. BELL FLOWER DR., FAYETTEVILL.E, AR. T2704 r� "`^m• ."Ft""5�'i.'+ r-n �, 7854' (. _._ �T° I.. `" io :,p 11,529 FT -- l0' U. - _a" 11529 FT"`o^ n ._-a .n .. a " '" ". f37.7.a g: 27° - N ,H �* ta. ,;t,i ,.,n.. F 85 a0 �. 85.00' `�.. o ",,,„,,,,,.x"" 'a r2,IA6 FT2 a''N 2 `w,a" `'+�« LOT 32 - 19689 - ROBERT S. HANNAK REVOCABLE TRUST, 4297 BELLFLOWER, FAYETTEVILLE, AR., 72704 1". -- _ -•""- 85 00 - - 9 cn 13,738 FT "•,cra. <a SL "",.�„'., ,.:;_ ,. - 77.D0' w , ,.,. - - — a.„ L._.._.� _ ,_ I LOT 33 - I9b40 - GREC>ORY PROLlTY, 4275 BELL FLOWER DR., FAYETTF_V1LLE AR. T2T0/. _- O .:,;... .xis ,.':':,Fn _...- n}^' s^r OL sw 5 QQr .s,. - [I A' CIACIA/fil K `,.. �.} __ ,..,BS o ,65.000 - 85.00 100-YEAR WSE _. FL O'ODWAY CONCRETE SWAL DETENTION POND (SODDED) CONCRETE WEIR CHANNEL 100 YEAR THE HOYET GREENWOOD TA JEAN GREENWOOD JOWERS, 452 N. 46Ttt STREET FAYETTEVILLE, AR. 72701 ZONING NIA (COUNTY) �..._._.. -- _ _�_av 7^M'rILL I/ ~a.`s w)fve ILL -I, WEDGE.e �... —" a aw,t"7'4".i: e'�' "i s."9r' Tx'J?V4 4' S1 EWALIiILI R30 / w t (6' GRE.. SPACE) R30` _ 20, 20 ' u�ILL ra r� i I b 26' E7LC)G. SETRACK & C . E. -�100 Y`j WSE = 1204.17 y Ij: Q 66' R/W 4 � 3,567 FT2 m 46 I � � ' c 8 131567 FT ? eLIQ t I PLANTERS 98 PLANTERS b' SIDE AL.K Rio (IS GR N; I'LL,r ,5,/c^,,fi�',f`'^.,tiy +".`5 , ,.,r.,,=y P ,. _ R30 %r. > ,n 41,911, ILL ear ., ee', ILL— etL LILL )ODPLAIN ENTERANCE DETAIL SCALE /it = 50' Lu III cZi TREE PROTECTION NOTE s c� 0 TREES SHOWN ARE TO SAVED AND i'ROTECTED Lm DURING CONSTRUCTION BY INSTALLING HIGH VfSABIL.ITY PLASTIC MESH FENCING THAT EXTENDS SIZE D.B.H.a q I BEYOND THE DRIPLINE OF THE TREE Cq TREES. LABEL SPECIES IN, NOTES PRIORITY p;p��,,, 2) IF THE FENCE BARRIER MUST BE REMOVED, P ASH 3 REOPOVE MID w BRIDGING OVER THE ROOT SYSTEM OF THE TREE 2 ASH 12 SAVE MID - r°'a MUST BE USED IN ORDER TO AVOID CO'7PACTION 3 PIN OAK 7 SAVE MID c".t C), LILLIVI OF THE SOIL AROUND THE TREE OR TF'EES TO BE 4 ELM 12 REMOVE MID LU •":' SAVED. to3) CONSTRUCTION MATERIALS ARE Nor TO BE STORED WITHIN THE FENCING OR DRlPLFNE OF THE ILL TREE OR TREES. rC F.W 4) TRENCHING FOR SITE UTILITIES MUTT AVOID cn cj`•^., T14E DRIPLINE AREA OF THE TREES, IF UNAVOIDABLE,ILL . DRI INE TUNNELING UNDER THE DRIPLINE WILL BE AN ALLOWABLE 1, 11 ALTERNATIVE. x 5) IF A CHANGE IN GRADE OCCURS AROUND THE TREES, CYO �:r baA PaoOa OaPaO OP@ O OPgP O O 00� O Oa0 P ILL'�"•A („ _ I a o a o 0 o a o 0 0 0 0 0 0 o O a o 0 o THEN A RETAINING WALL MUST BE CCVSTRUCTED AT oaoP a aooaoo 0000o a oaoo aoo ao 00000 ooao ao aao oaaa a aoa000 oaao 0 oaoo THE DRIPLINE AREA, „ yLl ILL ILL 6) ANY EXCAVATION DONE AROUND Tf'E ROOTS OF 'TREES 1.4„ TO BE PRESERVED SHALL BE DONE BY HAND. ALL ROOTS w• :; SHALK. 8E HAND PRUNED. ,� ell HIGH VISABILITY - I PLASTIC MESH FENCING ILI TREE PRESERVATION NOTES_...�,con �., TREE PROTECTION _ , I AREA: 1,676,003 so rr 0� NO SCALE TREE CANOPY EXISTING: 0.13% (2,245 So PT) ILL CANOPY PRESERVED O.OS % (877 5 J rT) C /• TREE CANOPY REMOVED 0.08 % (1,368 Su FT) (� NOTES: h Gti) I.) EXISTING CANOPY THAT IS PROPOSED TO BE REMOVED WILL BE MITIGATED BY A PAYMENT TO THE CITY OF FAYETTEVILLE'S TREE FUND. 2.) THIERE ARE NO SIGNIFICANT TREES ON TMIS PROPERTY.gel