HomeMy WebLinkAboutOrdinance 4564ORDINANCE NO, 4564
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 04-04.00
LOCATED SOUTH OF ALBRIGHT ROAD AND NORTH
OF THE STONEWOOD SUBDIVISION CONTAINING
3.36 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 R-O, Residential
Office
to R-PZD
04-04.00
as shown in
Exhibit "A" attached
hereto
and made
a part
hereof.
Section2: 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 March 22, 2004.
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 I above. _
By:
PASSED and APPROVED this 4`h day of May, 2004.
By:
Clerk
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EXHIBIT "A"
RPZD 04-04.00
PART OF THE SE'/4 OF THE SW '/4 OF SECTION 18, T17N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF SAID SE 1/4 , SW '/4 THENCE
S00026102"E 110.00 FEET TO THE P.O.B., THENCE N89033'58"E 122.33 FEET,
THENCE S32050'2999E 378.17 FEET, THENCE S00026102"E 231.35 FEET, THENCE
S89040'40"W 325.00 FEET, THENCE N00026'02"W 549.99 FEET TO THE P.O.B.;
CONTAINING 3.36 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
Washington county,en wes filed on
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NAME OF FILE: Ordinance No. 4564
wlEx. A
CROSS REFERENCE:
Item # Date Document
1 05/04/04 memo to mayor & city council
2 draft ordinance
3 memo to Planning Commission
4 letter to Dawn Warrick
5 memo to Dawn Warrick
6 letter to Jeremy Pate
7 letter to planning
8 letter to Jeremy Pate
g memo to Planning
10 11/18/03 letter to Dawn Warrick
11 03/24/04 Staff Review Form
12 05/11/04 1 memo to Dawn Warrick
13 05/13/04 lAffidavit of Publication
14 copy of proposed Protective Covenants
15 copy of One Mile View
16 copy of Close Up View
17 04/05/04 Staff Review Form
18 copy of map
19 copy of map
20 05/11/04 memo to Dawn Warrick
21 05/13/04 Affidavit of Publication
NOTES:
05/21/04 filed w/Wash. Co. Circuit Clerk
• City Councilleeting of April 20, 2004
Agenda Item Number
51Y/L y
ys�f
CITY COUNCIL AGENDA MEMO R � J) 0 y-64
To: Mayor and City Council
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: April 01, 2004
Subject: Residential Planned Zoning District for Stonewood Gardens (R-PZD 04-04.00)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Stonewood Gardens. This action will establish a unique
zoning district and approve a preliminary plat for development of a 3.36 acre tract
consisting of 12 single-family dwellings located on Crossover Road, immediately north
of Stonewood Subdivision.
The proposal is for a single-family residential subdivision, accessed by way of a private
street from Crossover Road. Twelve dwelling units are proposed to be constructed,
utilizing small lots and zero lot lines in many cases. All residents are required to utilize
vehicular access by way of a rear alley, thereby promoting a more appealing front entry
to the neighborhood. The applicant is proposing a perimeter fence of wrought iron and
brick in the rear and a 6-foot brick wall, similar to that of the adjoining Stonewood
Subdivision, along the front. A controlled access gate is also proposed, with appropriate
measures required to ensure 24-hour access by emergency and essential vehicles to serve
the residents. The total density proposes is 3.4 dwelling units per acre, which is
compatible with nearby development.
The Planning Commission voted 9-0-0 in favor of this request on Monday, March 22,
2004. Approval of a planned zoning district requires City Council approval as it includes
zoning (land use) as well as development approval (preliminary plat). A final plat is
required to be processed to legally record the lots and covenants for the subdivision.
Recommended conditions included in the attached staff report were approved by the
Planning Commission.
BUDGETIMPACT
None.
;4xd A 100/0y
E
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 04-04.00
LOCATED SOUTH OF ALBRIGHT ROAD AND NORTH
OF THE STONEWOOD SUBDIVISION CONTAINING
3.36 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
FAYETTEVILLE, ARKANSAS:
CITY OF
Section 1: That the zone classification of the following described property is
hereby changed as follows:
From R-O, Residential Office to R-PZDA04-04.00 as shown in Exhibit "A" attached
hereto and made a part hereof.
Section 2. That the change gin zoi ing=olassification is based upon the
approved master development,plan and development; standards as shown on the plat
and approved by the Planning�.Commission on March 22, 2004.
Section 3. That
=thisrocdinance shall take affect and be in full force at such
time as all oflhe-requirements of the'devel6pment plan have been met,
f Section 4. That the official zoning map of the City of Fayetteville, Arkansas,
is herebyamended to reflect the zoning change provided in Section 1 above.
PASS ElYAND APPROVED this day of , 2004.
APPROVED:
By:
By:
SONDRA SMITH, City Clerk
DAN COODY, Mayor
EXHIBIT "A"
RPZD 04-04.00
PART OF THE SE'/4 OF THE SW'/4 OF SECTION 18, T17N, R29W IN WASHINGTON
COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF SAID SE 1/4 , SW '/4 THENCE
S00026'02"E 110.00 FEET TO THE P.O.B., THENCE N89033'58"E 122.33 FEET,
THENCE S3205092991E 378.17 FEET, THENCE S00026'02"E 231.35 FEET, THENCE
S89040740"W 325.00 FEET, THENCE N00026'0215W 549.99 FEET TO THE P.O.B.;
CONTAINING 3.36 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of March 22, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: Mafe.=tea' 004 Revised 03-24-04
R-PZD 04-04.00: Residential Planned Zoning District (Stonewood Gardens, pp 60) was
submitted by David Gilbert of Jorgensen & Associates on behalf of Mark Foster for property
located on Crossover Road, immediately north of the Stonewood subdivision. The property is
zoned R-O, Residential Office and contains approximately 3.36 acres. The request is to rezone
the property to an R-PZD to allow the development of 14 lots with 12 single-family dwelling
units proposed. Planner: Jeremy Pate
Findings:
Proposal: The applicant requests a rezoning and preliminary plat approval for a residential
development within an R-PZD zoning district. The proposed use of the site is for 12 single-
family residential dwelling units, accessed from Crossover Road by way of a private drive.
Twelve dwelling units on the 3.36-acre site are proposed, therefore the proposed density for the
R-PZD is 3.4 DU/acre: The project site is currently zoned R-O, Residential -Office. The vacant
site is located in north Fayetteville, east of Lake Fayetteville, near the intersection of Crossover
Road and Albright Road. Immediate surrounding properties are primarily single family
residential (including Stonewood Subdivision) and agricultural in nature, including the nearby
future Botanic Gardens.
Proposed Development: R-PZD, Residential Planned Zoning District
Land Use
Lots 1-12
Single Family Residential
Lot 13
Detention Pond
Lot 14
Common Area, Private
Street, drive, utilities
Access: The development is proposed to have one point of vehicular access, from Crossover
Road. The applicant proposes a private street (Stonewood Court) that utilizes a controlled access
point (privacy gate for the subdivision). The remainder of the subdivision is proposed to be
within the perimeter of a wrought iron and brick fence in the rear and a 6-foot brick wall along
the front, similar to that of Stonewood Subdivision to the south. A six-foot public sidewalk is to
be constructed along Crossover for the length of the property. The applicant is requesting to not
K. IRepor1s120041PC Reports103-22-041R-PZD 04-04.00 fStomwood Gardens).doc
construct sidewalks within the development.
A draft of protective covenants, as well as the applicant's response to the Planned Zoning
District requirements and description of the project, have been submitted and are included in the
staff report.
Existing Development: The site is currently vacant.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Single family homes
RSF-4, Single Family Res. 4 DU/Acre
South
Single family homes
R-O, Residential Office
East
Single family homes
RSF-4, Single Family Res. 4 DU/Acre
West
Lake Fayetteville, Crossover Road
R-A, Residential Agricultural
Water & Sewer: Water and sewer lines will be extended from Crossover Road.
Street Improvements Proposed: Six-foot sidewalks are required to be constructed along
Crossover Road. The interior street is proposed to be a private street, 24-feet in width. Vehicular
access to the each lot is restricted to access from the rear, by way of a 14-foot wide one-way
drive/alley.
Adjacent Master Street Plan Streets: Crossover Road (Hwy 265), Principal Arterial
Tree Preservation: Existing canopy: 9.1 %
Preserved canopy: 6.6 %
Required canopy: 9.1 %
Mitigation: 16 mitigation trees (see condition of approval)
Background: This proposal was heard at the Technical Plat Review meeting of January 14, 2004
and at the Subdivision Committee on March 11, 2004. Points of discussion include sidewalks
along the interior street, the "gated community" and emergency/delivery access, utilization of the
rear drive for access, the proposed wall within utility easements, and a turn -around at the entry
gate.
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:
1. Planning Commission recommendation to the City Council regarding the rezoning of the
subject property to the unique district for R-PZD 04-04.00 with all conditions of approval
KAReports110041PC Reports103-12-04IR-PZD 04-04.00 (S(onewood Ga dens).do
as determined by the Planning Commission.
2. Planning Commission determination of the General Plan 2020 policy of "community
character," as outlined below:
Community Character Guiding Policy in the General Plan 2020:
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.
* Staff finds the perimeter walls are compatible to the existing walls along Stonewood
Subdivision to the south, along with numerous other subdivisions developed along Crossover
Road, a principal arterial on the Master Street Plan. These walls tend to provide a buffer for
residents from the traffic along Hwy 265.
* Staff finds vehicular connectivity to be unnecessary with the proposed development, as
surrounding land use is already established and nearby existing streets (Hwy 265, Albright
Rd.) provide adequate access. Staff is recommending a sidewalk connection be made along
the private street, to connect to the required sidewalk along Crossover Roadfor pedestrian
connectivity.
Planning Commission deteFminatian of the appropriateness fer sidewalks alOFIg the
interior-, private street ser-Y.Ying the prepesed 12 single family hemes. &qffreeemmends
Crossover- Read, Removed by
4. A Final Plat is required to legalize the lot configuration, filed pursuant to City of
Fayetteville requirements.
5. Allowed uses in this R-PZD shall be restricted to Use Unit 8, single family residential
and Use Unit 1, City-wide uses by right.
6. Due to significant changes from Technical Plat Review in the location of utility
easements, all utility easement locations shall be verified by utility representatives prior
to submittal of approval of construction plans.
7. Vacation of the existing 30-foot utility easement shall be processed and approved by City
Council prior to Final Plat approval. , , 1.
8. No structures shall be allowed within utility easements. The proposed perimeter wall is
within proposed utility easements, a situation that is not allowed by ordinance. Either the
wall or easements shall be modified to comply.
9. The proposed gates into the subdivision shall be fitted with appropriate measures that
allow for 24-hour emergency vehicle, solid waste and delivery access (Knox Box or
equal).
10. A mitigation planting plan shall be submitted before Final Plat including a binding three-
year maintenance and monitoring plan. This plan shall include an irrevocable letter of
credit in the amount of $4,125 for the planting of 15 mitigation trees.
KAReporM20041PC Repons103-21-041R-PZD 04-04.00 (Sroneivood Gardens).doc
Standard Conditions of Approval:
11. Payment of parks fees in the amount of $6,660 for 12 single-family dwelling units shall
be submitted prior to Final Plat.
12. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
13. 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.
14. Sidewalk construction in accordance with current standards to include a six foot sidewalk
Crossover Road (Hwy 265). Exact location shall be coordinated with the Sidewalk
Administrator and Landscape Administrator at the time of construction.
15. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
16. Preliminary Plat shall be valid for one calendar year.
Additional conditions:
a.
b.
C.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: March 22, 2004
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,
m
Title
Date
KAReports110041PC Reporrs103-11-041R-M 04-04.00 (S(owwood Gardem).doc
Findings associated with R-PZD 04-04.00
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 R-O to the south, R-A to the
west and RSF-4 to the north and east. Surrounding land use consists of single family
dwellings (Stonebridge Subdivision to the south) and the planned Botanic Gardens along
Lake Fayetteville across Crossover Road to the west. The subject property is currently
zoned R-O, Residential Office consisting of 3.36 acres with 12 single-family lots proposed
for an overall density of 3.4 units per acre. This density and land use is compatible with
surrounding areas, thereby preserving and enhancing the neighborhood. The development
proposes to utilize rear access for all of the dwelling units, reducing curb cuts along the
primary street. Open space and tree preservation areas have been located at the perimeter
of the development, providing a natural screen. Additionally, a perimeter wall is proposed
surrounding the subdivision, with a controlled -access gate.
(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 9.1% canopy coverage with 6.6% preserved canopy proposed. A
mitigation plan has been approved by the Landscape Administrator, for 15 trees to be
planted on -site. The applicant has proposed erecting a brick masonry wall along Crossover
Road to be used as a screen between the street and the proposed development. The wall is
proposed to extend along the sides of the property, where it will change to a wrought -iron
K:IReports120041PC Reports103-22-041R-PZD 04-04.00 (Sronewocd Gardens).do
and brick column fence. Walls along Crossover Road are consistent with the other
residential subdivisions in the area.
(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: The applicant proposed to utilize a controlled access gate from Crossover Road,
allowing access to Stonewood Court, a private drive. However, all garages are limited to
access from the rear alley/drive, allowing parking along the street for visitors. Connectivity
to other properties is not proposed, for adequate streets are existing in the area or
surrounding property has already developed, not allowing for connectivity.
Pedestrian access is provided with a six foot sidewalk along Crossover Road for the length
of the property. The developer proposes not to construct sidewalks within the development
along the private street, citing use of the street and the low density of the proposed
development, along with lack of through traffic, as reasons for not constructing a sidewalk.
Staff is recommending a four -foot sidewalk be placed along the private drive, to provide
pedestrian circulation and a functional landing should the homes be built close to the street
with stoops (reference the developer's intent to provide a "New Urbanism" development,
with zero -lot line development) or otherwise.
The turn -around at the end of Stonewood Court is sufficient for fire access. Details of the
access into the development for emergency vehicles, solid waste, delivery, etc. shall be
reviewed and approved by the appropriate City divisions prior to issuance of building
K. 1ReporuLMO41PC Reporu103-22-041R-PZU 04-04.00 (Sronewood Gardew).do
permits.
(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.
(6) Sidewalks. As required by §166.03.
FINDING: Sidewalk construction shall be in accordance with current standards to include
a six foot sidewalk located at the edge of the right-of-way along Crossover Road. Staff
recommends a four foot sidewalk along the proposed private drive within the development.
(7) Street Lights. As required by § 166.03.
FINDING: Street lights shall be provided along Crossover Road and within the
development with spacing not to exceed 300 feet.
(8) Water. As required by § 166.03.
FINDING: Water shall be extended to serve 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.
R:IReporis110041PC Repores103-11-04IR-PZD 04-04.00 (Sroneivood Gardem).do
(ii) Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
(iii) All grading and drainage within a Planned Zoning District including site drainage
and drainage for private streets shall comply with the City's Grading (Physical
Alteration of Land) and Drainage (Storm water management) Ordinances. Open
drainage systems may be approved by the City Engineer.
(iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 80 units.
(v) The plat of the planned development shall designate each private street as a
"private street."
(vi) Maintenance of private streets shall be the responsibility of the developer or of a
neighborhood property owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund
shall be established by the PZD covenants. The covenants shall expressly provide
that the City is a third party beneficiary to the covenants and shall have the right
to enforce the street maintenance requirements of the covenants irrespective of the
vote of the other parties to the covenants.
(vii) The covenants shall provide that in the event the private streets are not maintained
as required by the covenants, the City shall have the right (but shall not be
required) to maintain said streets and to charge the cost thereof to the property
owners within the PZD on a pro rata basis according to assessed valuation for ad
valorem tax purposes and shall have a lien on the real property within the PZD for
such cost. The protective covenants shall grant the City the right to use all private
streets for purposes of providing fire and police protection, sanitation service and
any other of the municipal functions. The protective covenants shall provide that
such covenants shall not be amended and shall not terminate without approval of
the City Council.
(viii) The width of private streets may vary according to the density served. The
following standard shall be used:
Paving Width
o On -Street Parking)
J
K: IReportsl2004WC Reports103-22-041R-PZD 04-04.00 (Stonewocd Gardem).doc
Dwelling
Units
One -Way
Two -Way
1 - 20
14'
22'
21+
14'
24'
*Note: If on -street parking is. desired, 6 feet must be added to each side where parking is
intended.
(ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private
streets within a PZD.
(x) There shall be no minimum building setback requirement from a private street.
(xi) The developer
shall erect at the
entrance of each private
street a rectangular sign,
not exceeding
24 inches by 12
inches, designating the
street a "private street'
which shall be
clearly visible to
motor vehicular traffic.
FINDING:
The
applicant is
proposing a private street
to serve the development, in
accordance
with
the standards
noted herein.
The applicant has submitted covenants that allocate the responsibility of maintaining the
private drives to the POA. To reduce the number of curb cuts and effect of numerous
garage doors facing onto the street, the development requires all homes to utilize rear
vehicular access/garages.
(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 9.1% canopy with 6.6% preservation proposed. Mitigation is
required in the amount of 15 trees, planted on -site. Please reference the attached report
from the Landscape Administrator.
(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
K. lReporls12004WC Reports103-22-041R-PZD 04-04.00 (Stonewood Gardem).doc
(14) View protection. The Planning Commission shall have the right to establish
special height and/or positioning restrictions where scenic views are involved and shall
have the right to insure the perpetuation of those views through protective covenant
restrictions.
FINDING: No 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
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.
KARepons12004WC Reports103-22-041R-PZD 04-04.00 (Stonewood Gardens).dw
(F) Covenants, trusts and homeowner associations.
(1) Legal entities. The developer shall create such legal entities as appropriate to undertake
and be responsible for the ownership, operation, construction, and maintenance of private
roads, parking areas, common usable open space, community facilities, recreation areas,
building, lighting, security measure and similar common elements in a development. The
city encourages the creation of homeowner associations, funded community trusts or
other nonprofit organizations implemented by agreements, private improvement district,
contracts and covenants. All legal instruments setting forth a plan or manner of
permanent care and maintenance of such open space, recreation areas and communally -
owned facilities shall be approved by the City Attorney as to legal form and effect, and
by the Planning Commission as to the suitability for the proposed use of the open areas.
The aforementioned legal instruments shall be provided to the Planning Commission
together with the filing of the final plan, except that the Guarantee shall be filed with the
preliminary plan or at least in a preliminary form.
(2) Common areas. If the common open space is deeded to a homeowner association, the
developer shall file with the plat a declaration of covenants and restrictions in the
Guarantee that will govern the association with the application for final plan approval.
The provisions shall include, but not necessarily be limited to, the following:
(a) The homeowner's association must be legally established before building permits are
granted.
(b) Membership and fees must be mandatory for each home buyer and successive buyer.
(c) The open space restrictions must be permanent, rather than for a period of years.
(d) The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
(e) Homeowners must pay their pro rata share of the initial cost; the maintenance
assessment levied by the association must be stipulated as a potential lien on the
property.
FINDING: The applicant has submitted Protective Covenants and Restrictions for
Stonewood Gardens PZD (see attached), identifying the responsibility of the POA for
common areas, detention pond, fences and walls. At the time of Final Plat, the covenants
will be reviewed again for PZD compliance, and shall be filed at the County, pursuant to
ordinance requirements.
K. tReports120041PC Reportsl03-22-041R-PZD 04-04.00 (Stonewood Gardens).doc
Sec. 161.25 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned developments whose purpose is redevelopment, economic
development, cultural enrichment or to provide a single -purpose or mixed -use planned
development and to permit the combination of development and zoning review into a
simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the
development proposed for the district can accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and
integration of economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and
in the renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional
land development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive and innovative planning and design of mixed use yet
harmonious developments consistent with the guiding policies of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
FINDING: The proposed R-PZD of 14 lots is located on property identified for residential
use on the Future Land Use Plan. The proposed density and land use is similar to adjacent
property and will not negatively impact surrounding properties. The proposal is unique in
that the homes will be built close to one another, on lots that are smaller than those allowed
within a typical zoning district. Additionally, the developer proposes a "New Urbanist"
KAReports120041PC Reports103d1-041R-PZD 04-04.00 (Slonewood Gardens).doc
theme, with rear loaded garages and homes to be built close to one another (minimum of 10
feet apart). The subdivision will utilize a controlled access gate, limiting through traffic.
Most common space is located along the perimeter of the site, creating a buffer, along with
the proposed wall/fence.
The proposal meets the following Residential Guiding Policies in the General Plan 2020:
9.8.a Utilize principles of traditional residential urban design to create compatible,
livable, and accessible neighborhoods.
9.8.c Minimize through traffic on minor residential streets.
9.8.f Site new residential areas accessible to roadways, alternative transportation
modes, community amenities, infrastructure, and retail and commercial goods and services.
(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 is required to be drafted in order to create
this Planned Zoning District which will incorporate all conditions placed on the project by
the Planning Commission. Covenants provided by the developer will be included in the R-
PZD ordinance, and will be filed of record with the Final Plat. The proposed PZD will be
forwarded to the City Council, should the Planning Commission vote in favor of 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.
K: IReporis120041PC Reporrs103-22-041R-PZD 04-04.00 (Sroneivood Gardem).doc
Ll
(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. A general rezoning would not allow the type of
development the applicant is pursuing, based on the bulk and area requirements of typical
single-family zoning districts, therefore a Planned Zoning District is appropriate for the
proposed development. The proposed subdivision allows for a density and land use that is
compatible with adjacent properties, yet also allows for a flexible site plan and layout.
(2) Permitted uses.
Unit 1 City-wide uses by right
IV utility facilities
Unit 4 Cultural and recreational facihfipqfaeilitie
dwellingsUnit 8 Single-family
Unit 9 Two family dwellings
Unit 10 Three
Offices,Unit 12
Neighbor-heedUnit 13 Eating places
Unit 15
shopping
Unit 19 Genuneivial recreation, small sites
Unit 24 Herne eeetipations
Unit 25 Pr-efessienal offices
Unit 26 Multi fantily dwelling
FINDING: The proposed single-family dwellings are a permitted use under use unit 8.
Staff recommends Use Unit 1 be added to the permitted uses on the plat, in order to
facilitate essential services located in public right-of-way (utilities,( fire hydrants, street
signs, etc.)
(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.
K IReports120041 PC Reports103-22-OAR-PZD 04-04.00 (Stanwood Gardens).doc
I
REZONING RECOMMENDATION: Staff recommends approval of R-PZD 04-04.00 with
conditions.
LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property
to R-PZD 04-04.00 is consistent with the land use plan and compatible with surrounding land
uses in the area.
FINDINGS OF THE STAFF
1. 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 -Office (R-O) property to
the proposed development with residential single-family use with a density of
3.4 units per acre is consistent with the General Plan 2020 that identifies this
area for residential use. Single-family use with this density is compatible
with existing and planned surrounding single-family residential
development.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is needed in order to develop a single-family
subdivision in the manner proposed with the R-PZD site plan.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger or
congestion for Crossover Road, a principal arterial street.
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:
A population increase of 12 units on 3.36 acres, a total density of 3.4 dwelling units per
acre, is proposed. This increase is not an appreciable increase in population.
Fire - Water supply with fire hydrants is needed to serve development on this site. Fire
station #4 (Plainview) will serve this site once it is constructed. Response time will be
approximate 5 minutes 18 seconds (3.7 miles).
Police - Projects existing in this area already receive police services. The same level of
service will be provided to this site as is currently applied to the existing city subdivisions to
the north and the west. No additional equipment or personnel is needed to provide service
K:IReports120041PC Reports103-22-041R-PZD 04-04.00 (Stomwood Gardem).doc
E
to this area. 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.
Engineering — The proposed subdivision has been reviewed for access
to
public
utilities,
including water and sewer, and will not undesirably increase the load
on
public
services.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses
permitted under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K:IRepwts120041PC Repor 103-22-041R-PZD 04-04.00(Stonewo dGardens).da
FAYETTEVILLE PC Meeting of March 22, 2004
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
TREE PRESERVATION and PROTECTION REPORT
To: Fayetteville Planning Commission
From: Craig Carnagey, Landscape Administrator.
Copy: Jeremy Pate, Associate Planner
Date: March 17, 2004
ITEM #: R-PZD 04-04
BACKGROUND:
Requirements Submitted:
Initial Review with the Landscape Administrator
✓
Site Analysis Map Submitted
✓
Site Analysis Written Report Submitted
✓
Complete Tree Preservation Plan Submitted
Canopy Measurements:
Total
Site Ar*ca-
acres
3.36
square feet
146,362
.,Existing €free, �opy-
acreses
square feet
13,252
percent of site area
9.1
Existing*iee`.Cano yiNeserved
acres
square feet
%709
percent of total site area
6.6
P,ercenuminimu�ano
Rg_ ttired
25%
FINDINGS:
The desirability of preserving a tree or group of trees by reason of age, location, size or species.
Several significant trees exist on this site and should be preserved. Groupings of oak, elm and
pine are among the significant species desirable for preservation, while several medium age
cedars and walnut trees are also candidates for preservation.
Whether the design incorpDlates the required Tree Preservation Priorities.
Yes, all significant trees with one exception have been preserved. Groupings of trees within this
site have also been placed in protection.
The extent to which the area would be subject to environmental degradation due to removal of
the tree or group of trees.
Minimal environmental degradation would occur within this area due to the proposed removal of
trees associated with this project.
The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood
and the property on which the tree or group of trees is located.
The site is thinly canopied overall. Less than one-third of existing tree canopy will be removed.
With the preservation of both significant trees and groupings of trees, the impact to the
surrounding neighborhood will be minimal.
Whether alternative construction methods have been proposed to reduce the impact of
development on existing trees.
No, alternative construction methods are unnecessary on this particular subdivision.
Whether the size or shape of the lot reduces the flexibility of the design.
This lot tapers along a slight northern slope from a broad to narrow width. This shape does
reduce flexibility toward protecting large groupings of trees within the site.
The general health and condition of the tree or group of trees, or the presence of any disease,
injury or hazard
All trees designated for preservation are in good condition with low indications of defects or
disease.
The placement of the tree or group of trees in relation to utilities, structures, and use of the
property.
Utilities have been routed in a manner to avoid any unnecessary removal of trees. A perimeter
wall around the site will need to be repositioned along the northwest corner in order to avoid
encroachment into the root zones of two significant trees.
The need to remove the tree or group of trees for the purpose of installing, repairing, replacing,
or maintaining essential public utilities. ,
Minimal removal of trees should occur due to any installation of essential utilities
Whether roads and utilities are designed in relation to the existing topography, and routed,
where possible, to avoid damage to existing canopy.
Neither roads nor utilities have been routed in relation to existing topography; however they have
been routed where possible to avoid damage to existing canopy.
Construction requirements for On -Site and Off -Site Alternatives.
None
The effects ofproposed On -Site Mitigation or Off -Site Alternatives.
On -site mitigation will have a positive effect to increase canopy and buffer adjacent properties
from any concerns construction on this site may have.
The effect other chapters *e UDO, and departmental regulations�fave on the development
design.
N/A
The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations:
N/A
The impact a substantial modification or rejection of the application would have on the
Applicant
Recommendation: Staff recommends approval of this projects Tree Preservation Plan
Mitigation Method Approved: On -site mitigation for this site is recommended
Conditions of Approval:
1. A mitigation planting plan shall be submitted before final plat that includes a binding
three year maintenance and monitoring plan. This plan shall include an irrevocable letter
of credit in the amount of $4,125.00 for the planting of 15 mitigation trees.
FAYETTE" LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 3, 2004
Dawn Warrick
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Warrick,
RECEIVED
FEB 0 3 20N
PLANNING DIV.
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
R-PZD 04-04.00: Residential Planned Zoning District (Stonewood Gardens)
submitted by David Gilbert of Jorgensen & Associates on behalf of Mark Foster for
property located on Crossover Road, immediately north of Stonewood subdivision 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.
S�" rely,
Lieutenant William Brown
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 501-587-3555 FAX: 501-587-3522
Mar 02 04 02:43p
Danny Farrar
•
FAYETTEVILLE
FIRE MARSHAL'S OFFICE
THE CITY OF FAYETTEVILLE, ARKANSAS
From: Fire Prevention Bureau
To: Planning Division
Date 3'2-0t/
REZONING ANNEXATION
(5lb1 444-3447 p.4
REZONING #Q•PZdOyp& OWNER
ANNEXATON# OWNER
LOCATION OF
PROPERTY
NEAREST FIRE STATION AND 9'
LOCATION sr* q RC 41AIt//Ei✓
RESPONSE TIME FROM FIRE STATION # TO
LOCATION OF
PROPERTY 93 /O SECONDS.
TRAVEL MILES FROM FIRE STATION #—.V.TO LOCATION OF
PROPERTY_ 3 , 7
COMMENTS ON FIRE DEPT.
ACCESS/ROAD WAYS
EXISTING FIRE HYDRANTS? IF SO
LOCATION
WATER SUPPLY WITH HYDRANTS
NEEDED?.. //� _ o _�s-f�
ADDITIONAL
COMMENTS..
MAIN OFFICE
115 SOUTH CHURCH ST.
(501) 444-3448 1 (501) 444.3449
FAX (501) 575-8272
SUBSTATION
N.W.A. MALL
(501) 575-8271
FAX (501) 575-8272
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKE7T, P.E.
City of Fayetteville March 15, 2004
113 West Mountain Dr.
Attn: Jeremy Pate
Fayetteville, AR 72701
RE: R-PZD 04-04.00 Stonewood Gardens
Dear Mr. Pate,
We have revised the Planned Zoning Development plans and protective covenants per the
Conditions of Approval dated March 11, 2004. Revised plans are attached, for consideration at
the March 22, 2004 Planning Commission meeting. The following is offered in response to your
comments:
We will be working with the utility companies to gain their approval of the new easement
configuration. As stated at the Subdivision Committee meeting, the easement on Lot 14
was revised to enhance tree preservation.
We are still working out the details of access for emergency, mail service, and trash
collection vehicles. A Knox box will be provided at the gate, and will contain either a
key or the access code engraved on a metal tag. Thg use of a community mailboxjust
outside the gate is being discussed, as is the idea of leaving the gate open on trash days to
provide access for the truck. Visitors will be able to utilize a call box at the gate to
contact residents and request entry.
We have verified our calculations with Mr. Carnegey, calling for provision of 15
mitigation trees.
The covenants provide for formation of a Property Owners' Association, and language
has been added regarding their responsibility for the mitigation trees.
The covenants have been modified to more clearly spell out the POA's responsibilities
with regard to maintenance of detention, common open space, fences, entry features,
private drives and landscape islands.
In addition, we have modified the documents to reflect these items which were discussed at the
Subdivision Committee meeting:
• We have added five-foot side setbacks to the common lot lines of lots 2 through 14.
These setbacks will provide for a minimum often feet of building separation, while
maintaining flexibility in placing homes on these lots.
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING
The language from the private street maintenance section of the code has been added to
the covenants. Section 1 of the covenants already spells out maintenance responsibilities
per City regulations.
A turnaround has been added at the gate. Should a community mailbox be utilized in lieu
of individual home mailboxes, this area will serve as a parking space for the mail truck.
We continue to work with the City staff on the configuration of the utility easement and
front wall of the development. The wall was conceived in this configuration so that it
would present -a curved architectural element to the street. Straightening the wall, and
moving it out of the utility easement, will cause the wall to have a more massive, box -like
appearance, which we are trying to avoid. In addition, placement of the wall on the
property line, outside the front utility easement, would require relocation of the sidewalk
along Crossover Road, which would in turn require the removal of several large trees in
the right-of-way. Reconfiguration of the easement to follow the curves of the wall is
undesirable, as it would place portions of the easement beneath the private drive, and
would require that the water and sewer lines within the easement be installed with a
number of bends to keep the lines near the center of the easement. The "wall' in this
case could possibly be more accurately described as a masonry -panel fence. The
columns, spaced at approximate 12-foot intervals, will have foundations. The panels
between the columns are formed by brickwork, and do not bear on the ground. The
covenants call for the POA to maintain and repair the fence and wall. Given these
conditions, I believe it would be acceptable to place the wall in the position shown. This
would present the best appearance to the outside; and, should the wall be damaged by
utility repairs and/or installation, the POA would be responsible to restore it. We request
further discussion on this item as needed to reach a resolution.
Eleven copies of the revised plan, and one copy of the revised covenants, are attached for your
use. If you have any questions, comments, or suggestions please feel free to call me at 442-
9127, or fax at 582-4807.
Thank you for your assistance.
Sincerely,
David A Gilbert, P.E.
P
JORGENSEN & ASSOCIATES
CCIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
Fayetteville Planning Department
125 W. Mountain Street
Fayetteville, AR 72701
RE: Stonewood Gardens Planned Zoning District
For Mark Foster
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT. P.E.
December 19, 2003
The developer requests rezoning of this tract of land from R-O to R-PZD. The developer's
intent, as shown from the attached documents, is to create a unique residential enclave on the
eastern side of Fayetteville. By clustering of residential units, the developer intends to create
a private, gated, community, emphasizing the New Urbanist style of close neighbors and
shared common spaces.
The community will consist of 2,500 square foot homes, closely grouped near the center of
the property. The outlying areas will be preserved as open common area, minimizing lawn
maintenance for the homeowners, while providing large open spaces for the use of the
community. This, in turn, will encourage interaction between the neighbors as the common
spaces are used in daily recreation and relaxation. Furthermore, the configuration of the
buildings and facilities will provide for preservation of most of the magnificent trees which
currently exist on the site.
The resulting neighborhood will be a cohesive unit, tied together not only by the common
area, but also by distinctive site features and amenities. Special street lighting and
mailboxes, along with wrought -iron fencing and special pavement treatments, will provide a
unified, upscale sense of place for this development. A fountain floating in the pond at the
northern end of the neighborhood will provide additional atmosphere. Protective covenants
will be put in place to protect the quality of life in the district.
In granting approval of this Residential Planned Zoning District, you will enable the
-developer to create a neighborhood with a unique sense of closeness and unity, which would
be difficult to obtain under conventional zoning procedures.
Planned Zoning District approval for the property will permit the following:
• Flexibility: in allowing for reduced setbacks, permitting closer grouping of the
homes and therefore increasing the available common area.
Compatibility: as the surrounding area is developing from farmland and large,
estate -style home tracts to more conventional single-family dwellings. This district,
with its grouping of homes and large common area, would reflect a middle ground
between the estate and conventional single family lot structure. R EO1\!ED
DEC 3 1 2003
PLANNING Diva
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING
•
• Harmony, Variety, Coordination, and "No negative impact": by introducing New
Urbanist -style elements into the structure of Fayetteville, as the City looks toward
broader implementation of this style of planning, in a setting where surrounding land
uses are highly compatible. Not only will this development fit in well with its
surroundings, but it will also serve as an example for future, more modern
developments.
• Open Space: will be larger and more effectively used by the residents of the
community due to closer grouping of the dwellings.
• Natural Features: will be better preserved; specifically the large trees which are
scattered throughout the site; as the development has been planned around these trees
and the covenants will include provisions for their preservation and protection.
We believe this development is consistent with the city's general plan, and beneficial to
orderly development of the City, while at the same time containing elements which will serve
to bolster the neighborhood feel of the development and serve as an example of successful
implementation of new techniques which will enhance the City as we move into the 21"
Century.
RF 0
PLANNING DIV.
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKE7T, P.E.
City of Fayetteville March 2, 2004
113 West Mountain Dr.
Attn: Jeremy Pate
Fayetteville, AR 72701
RE: R-PZD 04-04.00 Stonewood Gardens
Dear Mr. Pate,
We have revised the large-scale development plans per your review comments dated January 9,
2004. Revised plans are attached, for consideration at the March 111 2004 Subdivision
Committee meeting. The following is offered in response to your comments:
Item 1. Submittal Requirements
• The purpose of the PZD is to establish a development of single-family homes. As the
home plans have not yet been developed, unfortunately no building elevations are
available.
• Overall development standards have been addressed in the covenants previously
submitted. Condition 3 of the covenant establishes floor area, requires garages in the rear
of the homes, prohibits carports, and sets requirements for driveway materials. Condition
5 addresses additions to the homes. Condition 6 addresses storage buildings. Condition
8 addresses sidewalks. Condition 9 addresses satellite dishes, Condition 12 addresses
fencing. Condition 14 addresses signage. Condition 16 addresses landscaping, deferring
development of landscaping plans until home plans are developed, so that the
landscaping will fit both the development and the individual home. Condition 18
addresses facing of the homes. Condition 23 addresses roof slope and material.
Condition 24 addresses the individual mailboxes. Should you wish to add specific
additional requirements to the ones already listed above, please let me know what those
requirements should address, and I will discuss them with the owner.
Item 2. Zoning Requirements
• Condition 25 of the Covenants establishes a Property Owners' Association for the
development.
REU
F, n
-... .j?,
• STRUCTURAL DESIGN LAND DEVELOPMENT WATER SYSTEMS WASTEWATER SYSTEMS • LAND SURVEYING
Item 3. Plat Requirements
Adjacent zoning has been updated to reflect the current map.
Easements have been identified on the plat. Due to the current conflict between tree
preservation and utility easements within the City, we have eliminated the blanket
easement on Lot 14 and substituted specific easements designed to avoid the existing
trees. These easements are somewhat convoluted, and may be hard to distinguish on the
drawings. At the appropriate time, an easement plat will be prepared which will give a
clearer view of the utility easements.
The notes have been revised to reflect the specific use units allowed as part of this
district.
• Lot 13 has been labeled as "detention'.
• Condition 25 of the Covenants is worded to protect the trees on individual lots from
removal before, during, or after home construction. The lots have been configured,to
yield a buildable homesite while protecting the existing trees. The private driveway
around the rear of the lots will be constructed very close to the existing grade throughout
its length, and was configured to minimize removal of existing trees. The owner's intent
and desire is to develop a small neighborhood where the front elevations of the homes are
not dominated by a garage door or a driveway. We believe the rear drive is the best way
to accomplish these objectives.
Item 4. Street Requirements
A six-foot sidewalk has been added along Crossover Road. The sidewalk's path has been
deviated to better accommodate preservation of trees on the right-of-way.
Street lights have been added along Crossover Road, as requested.
While we understand that the City discourages gated, perimeter -walled communities in
general, we do know that they are approved from time to time. We believe that this
development is appropriate in this location, due to its distance from the city center, the
rural nature of the surrounding land, and its specific location relative to the existing home
to the east. Connectivity is neither practical nor necessary, given the configuration of
surrounding properties, the proximity of Albright Road immediately to the north, and the
small size of this development. Stonewood subdivision, immediately southeast of this
project, has a perimeter wall of the same type to be used on this project. The perimeter
wall, along with the gate at the entrance, will serve as isolation mechanisms to protect
this residential subdivision from the traffic on Crossover Road, and will deter travelers on
Crossover from mistaking Stonewood Court for a through street.
Item 5. Parking and Driveway Requirements
A note has been added to the plan specifying a maximum driveway width of 24 feet,
measured at the property line. All driveways shall access the rear private drive.
Driveway cuts onto Stonewood Court or Crossover Road shall not b _permitted,. _ _ .
While we understand the City's desire to place sidewalks along every public and private
street within the City limits, we believe that sidewalks along Stonewood Court, in this
setting, are neither necessary nor desirable. Stonewood Court will be a small, private cul-
de-sac, serving only twelve lots. Regular driveway access to these lots will be by means
of the rear private drive. Residents will rarely use Stonewood Court beyond its
intersection with the private drive. Visitors can be expected to be limited in number,
especially given the gated nature of the neighborhood. Thus, traffic volumes on
Stonewood Court will be extremely low, and pedestrians will be safe to walk on the
private street. The construction of additional impervious area in the development, and
the restriction construction of sidewalks would place on home construction, lead us to
believe that the sidewalks would be a detriment rather than an enhancement to this
community, and we ask for approval of the project without them.
Item 6. Other Requirements
• Fencing, wall, and signage materials have been listed on the plan, as requested.
• A note has been added to the plan reflecting the requirement that all proposed utilities be
placed underground.
• A note has been added to the plan reflecting the requirement that all overhead electric
lines on the property which carry less than 12 Kv shall be relocated underground.
• Trash service shall consist of standard residential containers, which shall be stored at the
homes when not waiting for pickup, as in other residential neighborhoods. Further
screening should not be needed.
• A note has been added to the plan reflecting the requirement that all utilities be screened.
Engineering Comments
• A six foot sidewalk has been added along Crossover Road.
• Please see justification for not showing the sidewalks under item 5 above.
• The proposed sewer line has been rerouted as requested.
• A note has been added to the plan indicating sod requirements for the detention pond.
• The detention pond has been designed to retain a normal pool of water. As such,' no
trickle channel has been shown.
Tree Preservation
Based upon our reading of the ordinance, we believe that a preservation requirement of
20 percent is the appropriate amount by code. The PZD ordinance states that the "most
restrictive" tree preservation standard shall apply. This has been interpreted by Staff as
the most restrictive tree preservation standard in the entire landscape ordinance. By this
reasoning, PZDs will soon require nearly 50% canopy preservation, due to the pending
adoption of the Hillside Development ordinance. We believe that a more correct
interpretation of the PZD ordinance would be to require the most restrictive tree
preservation standard for all uses present within the PZD, and would appreciate the input
of the City attoumey in this matter. In either case, based upon a full tree survey of the
property, present tree coverage amounts to just over nine percent of the total site area,
and this amount by ordinance governs the preservation and/or mitigation required. The
tree preservation plan has been modified to reflect the findings of the tree survey.
• The blanket easement on lot 14 has been removed from the plan, and a specific easement
has been added which works around the existing trees. Tree preservation measures are
shown on the plan. The calculations on the tree preservation plan have been revised to
reflect these changes.
• Each tree on the site has been individually surveyed, and is now shown on the tree
preservation plan.
• With the new tree survey data shown, the extent of tree removal for the new site features
is more readily seen. The plan shows removal of nine of the site's 33 existing trees. One
of the trees scheduled for removal is a large mimosa, which appears to be in poor health.
Several of the other trees are in the mid -priority preservation range. The best trees on the
site are being saved, and in large number. In addition, the required sidewalk along
Crossover Road has been designed to minimize its impact on the existing trees located on
the right-of-way. Removal of two trees along the frontage -will be required to facilitate
placement of water and sewer lines to serve the project, and a utility easement across the
front of the property places these trees out of the protected category. As stated -above, the
utility easements have been reconfigured to maximize tree protection. It is my personal
belief that it would be grossly impractical to develop this site with absolutely no tree
removal, and that the mitigation trees now shown on the plan will provide a high -quality
end product consistent with the intent of the landscape ordinance.
Fire Marshall
• The cul-de-sac has been enlarged to facilitate better access for fire department vehicles.
We believe, based on the current configuration, that the island in the center will not
interfere with the passage of equipment, and that the island is necessary to break up the
expanse of pavement which would otherwise be present.
If you have any questions, comments, or suggestions please feel free to call me at 442-9127, or
fax at 5824807.
Thank you for your assistance.
Sincerely,
David A. Gilbert, P.E.
- s;
PROTECTIVE COVENANTS
STONEWOOD GARDENS PLANNED ZONING DISTRICT
FAYETTEVILLE,ARKANSAS
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, Mark Foster dba, Dunnerstock Development, Inc. is the record
Owner of the following property.
LEGAL DESCRIPTION:
Part of the SE'/4 of the SW '/4 of Section 18, Township 17 North, Range 29 West,
in Washington County, Arkansas and being more particularly described as
follows:
Commencing at the NW comer of said SE'/4, SW '/4, thence S00026'02"E 110.00
feet to the POINT OF BEGINNING,
Thence N89°33'58"E 122.33 feet, thence S32050'29"E 378.17 feet, thence
S00°26102"E 231.35 feet, thence S89040'40"W 325.00 feet, thence
N00026'02"W 549.99 feet to the POINT OF BEGINNING, containing 3.36 acres
more or less subject to easements and Right of Way of record.
WHEREAS, the developer has divided said property into 14 lots and said tract
was surveyed and platted into lots and, proposed use is single family only.
WHEREAS, it is in the interest of the developers of the property described
above, as well as prospective purchasers of the lots that said tract be known as
Stonewood Gardens Planned Zoning District, Fayetteville, AR. And the use of Lots is
restricted as hereinafter provided.
NOW, THEREFORE, in consideration of the premises, and for the purpose
above mentioned said owner has caused said tract to be platted into lots with the size,
location, and boundaries of each lot shown on said plat, which has been filed for record,
and every deed or conveyance of any lot in said tract described as shown on said plat
shall be held and deemed a sufficient description for the conveyance thereof subject to
the restriction hereinafter stated, which shall be for the use and benefit of and binding
upon, the present owners, their grantees, and all future owners of lots within the tract
which shall be known as Stonewood Gardens, a Planned Zoning District (PZD) in
Fayetteville, Washington County, Arkansas. '
RECEIVED
MAP 2 ^; 2004
PLANNING DIV.
s •
1. All streets. and drives shown on the plat of Stonewood Gardens Homes
Planned Zoning District are hereby reserved for the private use of
residents of Stonewood Gardens PZD and their invited guests. Said streets
and drives shall be privately maintained by the residents of Stonewood
Gardens PZD in accordance with the regulations for private streets set
forth by the City of Fayetteville, Arkansas.
2. Easements as shown on the plat of said property are reserved for
construction, operation and maintenance of public utilities, and are
provided for the purpose of enabling such utilities, their agents and
employees, to enjoy free, open and unobstructed access through, over and
along such easements to the end that their personnel, trucks and work
equipment may at all times install, service, operate and maintain all utility
facilities within the boundaries of said easements.
3. All houses on all lots shall have a minimum of 2,500 sq.ft. (excluding
garage) of heated living area with an enclosed two car garage and no
carports. Entry to garages shall be from the rear access drive provided.
All driveways shall be concrete or brick pavers.
4. Each lot shall be used for residential (single family) purposes only and no
lot shall be further subdivided.
5. No additional structure such as porches, garages, storage buildings, etc.
shall be erected or placed on any lot in this addition until the plans and
specifications showing the type and location have been approved in
writing as to conformity and harmony of external design with existing
improvements in the addition by the developers.
6. No structure of a temporary character, house trailer, basement, shack,
garage, barn or other outbuilding shall be used on any lot at any time
either temporarily or permanently. Storage buildings are allowed as per
#5 above.
7. No animals, poultry, or livestock of any kind shall be raised, bred or kept
on any lot. No kennels allowed. Household pets must comply with city
rules about fencing or confinement by leash.
1 • •
8. Sidewalks are not required.
9. A satellite dish may be installed on each lot provided that the dish is no
closer than 10' to the property line and located behind the front edge
(Stonewood Court facade) of house.
10. The parking or storage of unused or unlicensed motor vehicles is
prohibited in front of any residence. No vehicles in inoperative condition
shall be left on lots more than 30 days. The owner of each lot shall
remove these vehicles. In addition parking on the street shall be limited to
guests only, and no vehicle shall remain on the street for more than four
hours of any twenty-four hour period. permanent or semi -permanent
storage of such vehicles or items must be completely screened from view,
whether within the garage or behind a solid fence.
11. No lot shall be used or maintained as a dumping ground for rubbish, trash,
garbage or other waste shall not be kept except in sanitary containers.
12. No fences shall be allowed in front yards except masonry or wrought iron
of a maximum height of four feet. No form of wire fence shall be
allowed.
13. The grass on each lot shall be maintained by mowing.
14. No sign of any kind shall be displayed to the public view on any lot except
one professional sign of not more than one square foot, one sign of not
more than five square feet advertising the property for sale or rent, or signs
used by a builder to advertise the property during the construction and
sales period.
15. No noxious or offensive activity shall be carried out upon any lot, nor
shall anything be done thereon which may be or may become an
annoyance or nuisance.
16. Landscape plans must be submitted for approval along with house plans,
prior to commencement of construction. Turf areas within the front yard
of each house shall be sodded.
17. Each builder shall be responsible for adequate drainage swales around the
house to properly drain runoff.
18. Exterior of the houses shall be 80% brick or stone. Other material may be
approved, but must be reviewed by the developer. All perimeter block
shall have brick or equivalent to cover foundation.
19. Minimum roof pitch shall be 10:12. Roofing material shall consist of tile,
wood shake, or 40-year composition architectural shingles made by GAF,
style "Grand Seqoyah" or equal.
20. Brick mailboxes shall be required at each house, and the color of the brick
used in construction of the mailbox shall match the brick used on the
corresponding house. Should the developer provide a "community"
mailbox for the entire PZD, this item shall be null and void.
21. . Stonewood Gardens Planned Zoning District Property Owners'
Association (POA) shall be established at the time of execution of these
covenants. Said POA is formed to assess yearly dues to pay for
maintenance and upkeep of the entryway, all common areas including
landscape islands, all fences, the masonry wall surrounding the PZD, the
detention pond, private street, and private drive; to ensure continued health
and vitality of all mitigation trees; and for payment of streetlight bills
within the PZD. Each lot shall have a vote and the majority of those
attending a meeting for that purpose shall be authorized to levy an
assessment to all owners to defray the costs of maintenance and pay the
electric bill for the streetlights. Each owner shall pay within 30 days. tf
an owner does not pay their share, the POA shall be entitled to place a lien
on the owner's lot and shall take the form of an affidavit executed by the
POA and recorded in the office of the Circuit Clerk of Washington
County.
22. The City of Fayetteville, Arkansas, 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. In the event 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 of such
maintenance 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 City is
hereby granted the right to use all private streets within this PZD for
purposes of providing fire and police protection, sanitation service, and
any other of the municipal functions. This section shall neither be
amended nor terminated without approval of the City Council of
Fayetteville, Arkansas.
23. No tree with a diameter at breast height of four inches or greater shall be
removed from the common areas or individual lots without written
approval of the POA. No mitigation trees, as shown on the tree
preservation plan, shall be removed from the common areas without
written approval of the POA and the City of Fayetteville Landscape
Architect. In consideration of approval, the POA shall consult with an
arborist, who shall determine the health of the tree. The arborist's fee
Shall be paid by the lot owner. Trees deemed by the arborist to be dead or
dying shall be authorized for removal. Homes and related amenities on
individual lots shall be designed and constructed to minimize damage to
the existing trees, in accordance with the procedures outlined in the City
of Fayetteville Landscape Manual. All construction plans shall be
approved by the developer before commencement of construction in order
to insure compliance. Failure to abide by the conditions of this provision
shall subject the offending party and/or homeowner to responsibility for
tree mitigation as outlined in the Landscape Manual, and to possible fines.
24. The owner of each residential lot agrees to be bound by the foregoing
covenants. Any party violating these covenants will be responsible for
any attorney fees insured because of their violation.
25. These covenants are to run with the land and shall be binding on all parties
and all persons claiming under them until January 1, 2014, at which time
said covenants shall be automatically extended for successive periods of
ten (10) years. Notwithstanding the above, at any time, these covenants
may be waived, terminated and/or modified as to the whole of said
property or any portion thereof; with the written consent of a majority of
the then owners of said lots in said property; and if only a portion of said
property is intended to be affected by said waiver, termination and/or
modification, then the written consent of a majority of the then owners of
said lots in the portion to be affected shall also be secured. No such
waiver, termination and/or modification shall be effective until the proper
instrument in writing shall be executed and recorded in the office of the
Recorder for the County of Washington. Each lot represents I vote.
26. Enforcement shall be by proceedings at law or in equity against any
person or persons violating or attempting -to violate any of these
covenants, violators being subject either to restraint or to an action for
27. Invalidation of any one of these covenants by judgment of court order
shall in no way affect any of the other provisions which shall remain in
full force and effect.
IN WITNESS WHEREOF, the Grantors have hereunto affixed their hands and
Seals this day of 2004.
• 0
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF WASHINGTON)
On this day of , 2004, before me, the
undersigned, a Notary Public, duly commissioned, qualified and acting within and for
said County and State, appeared in person, Mark Foster located in Fayetteville, Arkansas
and personally well know who stated that he is the owner of Stonewood Gardens Planned
Zoning District and is duly authorized in his respective capacity to execute the foregoing
instrument, and further stated he had executed the foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth
IN TESTIMONY WFIEREOF, I have hereunto set my hand and official seal this
Notary Public
My Commission Expires:
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STAFF IWIEW FORM - NON -FINANCIAL O01IGATION
AGENDA REQUEST
For the Fayetteville City Council Meeting of: April 20, 2004
FROM:
Dawn Warrick Planning
Name Division
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
CP&E
Department
R-PZD 04-04.00: Residential Planned Zoning District (Stonewood Gardens, pp 60) was submitted by David
Gilbert of Jorgensen & Associates on behalf of Mark Foster for property located north of the Stonewood
subdivision and south of Albright Road. The property is currently zoned R-O, Residential Office and contains
approximately 3.36 acres. The request is to rezone the subject property to a Residential Planned Zoning
District allowing for 14 lots with 12 single family dwelling units.
STAFF RECOMMENDATION
City
Department Director
-2hLo�
Ffnald & Internal Services Dir.
Approval.
Date
Date
Date
D
Lt-y-o11,
Date
/I&
Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes No
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JORGENSEN & ASSOCIATES
CIVIL ENGINEERS *SURVEYORS
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PLAT PAGE •60
W i�9 ®o0{too
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I
FAYETTEVI LLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearman�
City Clerk Division
Date: May 11, 2004
Re: Ordinance No. 4564
Attached is an executed copy of the above ordinance passed by the City Council, May 4, 2004,
approving R-PZD 04-04.00, establishing property located south of Albright Road and north of the
Stonewood Subdivision containing 3.36 acres as Residential Planned Zoning District.
This ordinance
will be recorded in the
city clerk's office and microfilmed.
If anything else is
needed please
let the clerk's office know.
Attachments)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
NORTHWEST ARKANSASWDITION
1905azieW
AFF,I-QAVIT OF PUBLICATION
I, / , do solemnly swear that I am
Leg I 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:
twas inserted in the regular editions on
PO# ��CY
** Publication Charge: $
Subscribed and sworn to before me this
day of It y , 2004.
My Commission Expires: 0 d5` o
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
RECEIVED
Official seal MAY 14 2004
SEAN-MICHAEL ARGO
Notary Public -Arkansas CITY OF FNrETiEVILLE
WASHINGTON COUNTY CITY CLERK'S OFFICE
My Commission Expires 07.25-2013
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
r4� •
ORDDIANCE NO. 45"
AN ORDINANCE ESTABLISHING A RESIDE NTNL PLANNED
ZONING DISTRICT TITLED R.PZD 04-04.00 LOCATED SOUTFI
OF ALBRIGHT ROAD AND NORTH OF THE STONEWOOD
SUBDIVISION CONTAINING. 3.38 ACRES MORE OR LESS;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF '.S.�
FAY5rMVILLE; AND ADOPTING THE ASSOCIATED C Of Fqo"ovMo
occincrmnl nF OPMENT RAN AS APPROVED BY THE -
BE If ORDAINED BY THE CTf COUNCIL OP THE CrtY OF PAYEMINILLE, AMUIXIIIJUIll
Sectim 1: That UN m dWSIII ation Of"IdIOMl9 tlasaiW AWNty b hmby crw9ad> tcWm:
22,2004.
f
PASSED rW APPROVED dig AM day of May, 2004.
APPROVED:
By
DAN DOODY NA w
ATTEST:
E%HIBR'A'
RPZD 04-04.00
THE BE 1/4 OF THE SW 1/4 OF SECTION 18, T17N, R29W IN WASHINGTON COUNTY,
S AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW
OF SAID SE 1/4 , SW _ THENCE S00°28'02`E 110.00 FEEF TOTHE P.O.B.. THENCE
9'E 122.33-FEET. THENCE S32.5029-E 378.17 FEET. THENCE S0042602'E 231.35 FEET.
S89940'40'W 325.00 FEET. THENCE NOO'28'0Z' 549.99 FEET TO THE P.O.B.;
ING 3.38 ACRES MORE OR LESS SUBJECT lO EASEMENTS AND RIGHT OF WA
I OF