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HomeMy WebLinkAboutOrdinance 4639• 1 6, ORDINANCE NO.4 6 3 9 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 04-1181, WALNUT CROSSING LOCATED NORTH OF HWY. 62, EAST OF LAYNE STREET CONTAINING 43.30 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-A, Residential Agricultural to R-PZD 04-1181 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 September 27, 2004. Section 3: That this ordinance shall take effect and be in full force at such time as all of the requirements of the development plan have been met. Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this 16`s day of November, 2004. By: By: SONDRA SMITH, City Clerk , Mayor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII , :FAYETTEVILLE. Doc ID: 007927730002 Tvoe. REL z� -9 Cj Recorded: 12/03/2004 at 11:26:20 AM %9J+• :ONSP• �• eeteenste ce uCircuitty.RClerk2 °� iNGTOPI„G��`��`� F1le2004-00049498 EXHIBIT "A" R-PZD 04-1181 A part of the Southeast Quarter (SEl/4) of the Northwest Quarter (N W 1/4) and a part of the Northeast Quarter (NE1/4)of the Southwest Quarter (SW 1/4), all in Section 24, Township 16 North, Range 31 West, Washington County, Arkansas and being more particularly described as follows: BEGINNING at the Southeast corner of said Southeast Quarter (SE1/4) of the Northwest Quarter (NWl/4); thence along the East line of said Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), South 0°02'50" East - 299.40 feet; thence South 68°42'22" West - 446.64 feet; thence South 56°56'13" West - 43.00 feet; thence South 79'44' 13" West - 39.40 feet; thence North 0°16'43" West - 492.58 feet to a point on the South line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); thence along said South line, North 89°56'29" West - 821.53 feet to the Southwest corner of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); thence along the West line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), North 0°25'44" West - 1315.86 feet to the Northwest comer of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); thence along the North line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), South 89°46'28" East - 825.00 feet to an iron pipe; thence South 0°16'43" East - 60.00 feet; thence South 89°46'28" East - 479.02 feet to a point on the East line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); thence along said East line, South 0°55'25" East-1252.20 feet to the POINT OF BEGINNING, containing 43.30 acres, more or less. 0 Washington County, AR I certify this Instrument was filed on 12/03/2004 11:26:20 AM and recorded in Real Estate File Number 2004-00049498 to s - Circuit Clerk by 11 NAME OF FILE: Ordinance No. 4639 w/Ex. A CROSS REFERENCE: Item # Date Document 1 09/28/04 memo to mayor & City Council 2 draft ordinance 3 memo to Planning Commission 4 memo to Planning Commission 5 memo to Jeremy Pate 6 copy of Zoning Review wlEx. A 7 legal description 8 copy of letter from Rausch Coleman to Jeremy Pate g copy of letter from Engineering Services to City 10 copy of letter from Engineering Services to Planning 11 copy of letter from City of Farmington to Planning 12 1copy of email from Heather Dumas 13 copy of Walnut Crossing Subdivision Restrictive Covenants and Bill of Assurance 14 copy of Close Up View 15 copy of One Mile View 16 Staff Review Form 17 copy of preliminary plat 18 1copy of preliminary plat 19 copy of Vicinity Map Planned Zoning District 20 copy of Vicinity Map Tree Preservation Plan/Grading Plan 21 memo to Dawn Warrick 22 Affidavit of Publication 23 24 25 NOTES: 12/3/04 filed at Wash. Co. Circuit Clerk office • City Council Meetilpof October 19, 2004 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: September 28, 2004 Subject: Residential Planned Zoning District for Walnut Crossing (R-PZD 04-1181) , RECOMMENDATION Planning Staff recommends approval of an ordinance creating the Residential Planned Zoning District (R-PZD) for Walnut Crossing. This action will establish a unique zoning district for a residential subdivision on a 43.30 (52.98 total developed) acre tract located in west Fayetteville, north of Hwy 62. The proposal entails a residential subdivision with 136 single family dwelling units and 6.47 acres cluster homes, along with a 5.02 acre park. Property Description: The property consists of a total of 52.98 acres located in west Fayetteville and east Farmington, north of Hwy 62 (6 s Street). Of the 52.98 acres in review for the associated Planned Zoning District, only 43.30 acres is within the City of Fayetteville, the remainder of which lies within the City of Farmington. Two legal descriptions, therefore, accompany the proposal: one for the rezoning, from R-A, Residential Agricultural to the unique R-PZD zoning district (43.30 acres); and a second for the Preliminary Plat being processed simultaneously, subdividing property in both jurisdictions (52.98 acres). The City of Farmington has been notified and is in the process of reviewing development plans separately from the City of Fayetteville. The property is agricultural in nature, with floodplain associated with Farmington Branch creek and several groupings of trees. Proposal: The applicant requests a rezoning and preliminary plat approval for a residential subdivision within a unique R-PZD zoning district. The proposed use of the site is for a single family and cluster home development consisting of 136 single family lots and 59 cluster homes (units). A 5.02-acre public park is proposed, as well as a large tree preservation area along the floodplain of the creek. The Planning Commission voted 8-0-0 in favor of this request on Monday, September 27, 2004. Approval of a planned zoning district requires City Council approval as it includes zoning (land use) as well as development approval (preliminary plat). Recommended ORd /1 /ibl oV �Q�PZDo�-llgl 1,i1a1 ri�fiGnsst^S 44/ ' oil `l L fir. /U.o**/n/1//16 LIAO" an ti l /ucdir1 • City Council Meetloof October 19, 2004 Agenda Item Number conditions were approved by the Planning Commission, which are reflected in the attached staff report. The intent of the Walnut Crossing development is to provide attainable housing for citizens of Fayetteville, while providing a unique and quality development. Several different types of homes are offered, in the 1100-1600 SF range, within the affordable housing range for median income families of Northwest Arkansas. Smaller lots are proposed, to help with reducing cost, and a larger, community park that acts as the neighborhood's "back yard" is centrally located. BUDGETIMPACT None. 2 ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 04-1181, WALNUT CROSSING LOCATED NORTH OF HWY. 62, EAST OF LAYNE STREET CONTAINING 43.30 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED B YTHE PLANNING COMMISSION. BE IT ORDAINED BY THE CITY FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification of the hereby changed as follows: From R-A, Residential Agricull attached hereto and made a part CITY OF is shown in Exhibit "A" Section 2. That the change' n zoning�cla`ssification is based upon the approved master de elop t,plan and d velopment;standards as shown on the plat and approved by the -Planning Commission,on September 27, 2004, Section 3. That4his ordinance shall take effect and be in full force at such time as all of the requirements ofthe development plan have been met. Section 4. That the offical,`zoning map of the City of Fayetteville, Arkansas, is hereby'amended to reflect the 16ning change provided in Section 1 above. By: PASSEDNAND APPROVED this day of , 2004, SONDRA SMITH, City Clerk APPROVED: DAN COODY, Mayor EXHIBIT "A" R-PZD 04-1181 A part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NWl/4) and a part of the Northeast Quarter (NE1/4)of the Southwest Quarter (SW 1/4), all in section 24, Township 16 North, Range 31 West, Washington County, Arkansas and being more particularly described as follows: BEGINNING at the Southeast comer of said Southeast Quarter Quarter (NW1/4); thence along the East line of said Northeas Southwest Quarter (SW 1/4), South 0°02'50" East - 299.40 fee West - 446.64 feet; thence South 56'56'13" West - 43.00 feet; hei 39.40 feet; thence North 0°16'43" West - 492.58 feet to ainoinl Southeast Quarter (SE 1/4) of the Northwest Quarter (N North 89°56'29" West - 821.53 feet to the Southwest i 1/4) of the Northwest Quarter (NW 1/4); thencesalon Quarter (SE 1/4) of the Northwest Quarter (NW P14Nc the Northwest corner of said Southeast Quarter (SE 1/4)' thence along the North line of said Southeast Quarter (Sl 1/4), South 89°46'28" East - 825.00 feeto an iron pipe; feet; thence South 89°46'28" East - 479�02,feetto a poic Quarter (SE 1/4) of the Northwest Quart 0°55'25" East - 1252.20 feet to the POINT less. of said El/4) of the Northwest uarrter (NE 1/4) of the .ience South 68°42'22" South 79'44'13 " West - `the South line of said ;e along said South line, Southeast Quarter (SE the West line of,,sai&Southeast h.0°25'44" West - 13d'5.86 feet to thNorthwest Quarter (NW 1/4); %4) of the Northwest Quarter (NW fence South 0'16'43" East - 60.00 on the East line of said Southeast ence�along said East line, South G, containing 43.30 acres, more or E TaeL evl e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 27, 2004 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Senior Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: September 21, 2004 R-PZD 04-1181: Planned Zoning District (WALNUT CROSSING SUBDIVISION): Submitted by ENGINEERING SERVICES, INC for property located at THE NORTH SIDE OF HWY 62W, EAST OF LAYNE STREET. The property contains approximately 52.98 acres in total. A total of 43.30 is zoned R-A, RESIDENTIAL -AGRICULTURAL; the remaining 9.68 acres lies within the City of Farmington. The request is to approve a Residential Planned Zoning District with 136 single family lots and 6.47 acres of "cluster homes" on the subject property. Property Owner: RAUSCH-COLEMAN HOMES, LLC Planner: JEREMY PATE Findings: Property Description: The property consists of a total of 52.98 acres located in west Fayetteville and east Farmington, north of Hwy 62 (6's Street). A property line adjustment and lot split have been filed to create the subject 52.98-acre tract. Of the 52.98 acres in review for development, only 43.30 acres is within the City of Fayetteville, the remainder of which lies within the City of Farmington. Two legal descriptions, therefore, accompany the proposal: one for the rezoning, from R-A, Residential Agricultural to the unique R-PZD zoning district (43.30 acres); and a second for the Preliminary Plat being processed simultaneously, subdividing property in both jurisdictions (52.98 acres). The City of Farmington has been notified and is in the process of reviewing development plans separately from the City of Fayetteville. The tract consists primarily of agricultural land, with several significant trees and areas of high priority canopy falling along property boundaries old fence lines, within the proposed parkland or along the Farmington Branch creek. Surrounding Land Use/Zoning: Direction ILand Use Zoning North Vacant, agricultural R-A, Residential Agricultural South Stapleton S/D, creek/flood lain Washington County, Farmington East Vacant, agricultural R-A, Residential Agricultural West Vacant, agricultural Washington County K. kRepora11004 WC ReponsIO9-17-04W-PZD 04-1181(IVALiVUrCROSSING SUBDIVISION) REVISED FOR CC.dw Proposal: The applicant requests a rezoning and preliminary plat approval for a residential subdivision within a unique R-PZD zoning district. The proposed use of the site is for a single family and cluster home development consisting of 136 single family lots and 59 cluster homes (two-family dwelling units). A 5.02-acre public park is proposed, as well as a large tree preservation area along the floodplain of the creek. Proposed Land Uses: • Use Unit 1: City-wide Uses by Right • Use Unit 8: Single Family Dwellings • Use Unit 9: Two-family Dwellings • Use Unit 10: Three -Family Dwellings • Use Unit 26: Multi -Family Dwellings Proposed Uses: R-PZD, Residential Planned Zoning District Proposed Land Use Single Family Residential Lots 1-136 (Maximum 136 units) Use Unit 8 "Cluster Homes" Lots 137-138 (Maximum 59 total units) Use Unit 9, 10, 26 Lot 139 City Park, 5.02 Acres Lots 140-141 Tree Preservation Areas Open Space Lots 142-145 Tree Preservation, Detention, Farmington Branch creek, potential trail system No residential structures permitted Total proposed dwelling units on the 43.30-acre site requested for rezoning is 195, therefore the proposed density for the R-PZD is 4.50 DU/acre. (On the real property, including the acreage within the City of Farmington, acreage equals 52.98 acres, thus real density is 3.68 DU/acre). The developer proposes a mixture of lot sizes and types. Some of the lots are arranged such that they face onto the public street; others are accessed from rear alleys. Typical lot sizes and proposed setbacks are much smaller than those allowed in standard zoning districts, thus the need for processing a Planned Zoning District. Two of the large lots are proposed for "cluster homes," in two-family units, consisting of a total of 59 cluster homes (units). Both of these lots will require large scale development approval, as final designs have not been formulated. However, the conceptual plans indicated are intended to provide an idea of the development to occur there in the future. Water & Sewer: Water and sewer lines are being extended to serve the development. Access/Connectivity: The sole existing access is from Hwy 62 to the south, through the City of Farmington jurisdiction. The applicant has been in contact with the City of Farmington, and will present the project to both the Planning Commission and City Council there prior to final approvals from the City of Fayetteville. The Master Street Plan currently indicates an east -west Collector Street in the area of the proposed development. The proposed development intends to meet this Plan, only moving the connection to a more feasible location, approximately 600 feet K:IReporfs12004IPC Repons109-17-041R-PZD 04-/ /8((VALNUT CROSSING SUBDIVISION) REVISED FOR CC.d" to the north, out of the Farmington Branch area. The proposed Collector Street is aligned to connect to Alberta Street to the west and eventually connect to the future Rupple Road to the east. Another stub -out is proposed to the north. All interior streets are loop streets within 50 feet of right-of-way, with no dead -ends. The two northern blocks of single family lots are served by private alley -drives. All lots served by alleys are prohibited from having street -front facing garages, and access must be from the provided rear alleys. All alleys are private, to be maintained by the POA. The alleys are 12 feet in width, one-way, within a minimum 20-foot access easement. Adjacent Master Street Plan Streets: Wilson Drive, Collector Street Improvements: No off -site street improvements are recommended for this development. The developer will be required to build the access street from Hwy 62, including the creek crossing, to City of Fayetteville standards, as well as all other interior streets. Right-of-way for the future Collector Street will be dedicated. Tree Preservation: Existing: 9.95% Preserved: 7.58% Required: 9.95% Mitigation: On -site mitigation required: (182) 2" caliper trees * see attached report Parks: The Parks and Recreation board recommends a parkland dedication for the subject development. A total of 5.02 acres is being offered by the developer, which exceeds that required for this project. No banking of excess land, however, is requested. The covenants address fencing/interface with the public park. A four -foot fence split -rail type is to be maintained for those lots 10-33 bordering the public park. No chain link or metal poles are to be allowed. 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. Recommendation: Staff recommends approval of R-PZD 04-1181 with the following conditions: Conditions of Approval: Permitted uses in this R-PZD shall be restricted to Use Unit 1: City-wide Uses by Right, Use Unit 8: Single Family Dwellings, Use Unit 9: Two -Family Dwellings, Use Unit 10: Three -Family Dwellings and Use Unit 26: Multi -family Dwellings, in those locations noted. 2. Planning Commission determination of a Master Street Plan amendment to relocate Wilson Drive, an east -west Collector Street, approximately 600 feet to the north, as presented with the subject development proposal, in order to facilitate a better connection. Staff is in support of this request, as it meets the intent and purpose of the K. IReporUL70041PC Repons109-27-041R-PZD 04-1181(IVALNLrF CROSSING SUBDIVISION) REVISED FOR CC.dm • 1 • Master Street Plan in this location, eventually connecting east to Rupple Road. PLANNING COMMISSION DETERMINED IN FAVOR OF THE MASTER STREET PLAN AMENDMENT. 3. Planning Commission determination of parkland dedication. The Parks and Recreation Board recommends parkland be dedicated for this project. A deed for the 5.02 acres shall be received prior to Final Plat. PLANNING COMMISSION DETERMINED IN FAVOR OF THE RECOMMENDED PARKLAND. 4. Planning Commission determination of residential lot access management. Due to the smaller lot width (50'-55 ) on those single family lots not accessed from rear alleys, staff finds a coordinated plan sensitive to pedestrian and vehicular safety, general attractiveness and convenience must be presented by the applicant for access to each lot to ensure a dangerous tryffic situation is not created. Based on discussion with the applicant and Subdivision Committee, staff recommends a combination ofshared driveways and reduced driveway widths for these lots in particular, in order to keep a logical proportion in relation to the lot width. For those lots not utilizing shared driveways, the maximum driveway width shall be l2 feet, constructed per city codes. For shared driveways, a maximum 24 foot driveway may be constructed, with location to be coordinated with city staff. Shared driveways may straddle property lines. PLANNING COMMISSION DETERMINED IN FAVOR OF STAFF'S RECOMMENDATION FOR A COMBINATION SHARED/REDUCED WIDTH DRIVEWAY PLAN. 5. Planning Commission determination of the required recommendation to the City Council regarding the rezoning of the subject property to the unique district R-PZD 04-1181 with all conditions of approval as determined by the Planning Commission. PLANNING COMMISSION DETERMINED IN FAVOR OF THE REZONING REQUEST. 6. An ordinance creating this R-PZD shall be approved by City Council. All setbacks, protective easements, density, and designated uses are binding with the approval of the R-PZD. Submitted covenants are likewise binding to the project. Future development of Lots 137 and 138, the cluster homes, shall require processing a large scale development, subject to all applicable development ordinances. Building setbacks and density for these lots are reflected on the submitted plans. 9. Residential structures shall not be placed upon Lots 142-145. 10. A detailed street tree planting plan with a minimum of 182 street trees to meet mitigation requirements for the removal of 39,458 SF of tree canopy shall be submitted before final plat as part of the Planned Zoning District requirements. 11. All tree preservation easements shown on the plans shall be filed by way of Final Plat, to ensure continued preservation. Language identifying said easements shall be clearly included in the covenants, and potential homeowners made aware of the protected areas. 12. The developer shall coordinate with Solid Waste to determine the best means of access to K:Vteporis120041PC Repons109-27-041R-PZD o4-1181(YALNUTCROSSING SUBDIVISION) REVISED FOR CC.d" alley -loaded lots. 13. A pedestrian access shall be constructed from Street 2 to the park, to be coordinated with the Landscape Administrator to ensure continued protection of preserved trees. 14. Prior to Fayetteville City Council approval, all approvals necessary shall be obtained from the City of Farmington Planning Commission and City Council to proceed with the project. Standard Conditions of Approval: 15. 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) 16. 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, including public streets, water and sewer lines, storm drains, sidewalks and detention facilities shall comply with the City's current requirements. 17. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 18. Street lights shall be installed every 300 feet along all public streets prior to final plat. 19. Preliminary Plat shall be valid for one calendar year. PLANNING COMMISSION ACTION: yes Required ✓ Approved Denied Date: September 27, 2004 The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. Title Date R:IReports110041PC Repons109-1 J-041R-PZD 04-1181(WALNUTCROSSING SUBDIVISION) REVISED FOR CC.d" 0 Findings associated with R-PZD 04-1181 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 proposed Planned Zoning District has been reviewed in light of all applicable development and zoning ordinances. Emphasis on tree preservation has been placed with the development proposal, and appropriate routing of utilities, streets, and protective easements has been achieved. Natural site amenities, including a large stand of trees within the proposed public park and the adjacent Farmington Branch creek, which is being retained as greenspace and concentrated Tree Preservation area, have been maximized, with protection of the watercourse from erosion and siltation a requirement of the development. The proposed density, while higher than immediately surrounding land uses, is a compatible density which also allows for more attainable housing, a primary goal of the applicant. A large public park provides a "back yard" for the community, which is designed with the concept of small lots with residents which utilize shared open spaces. Landscaping, tree preservation and overall public amenities required of the developer, along with the variety of housing types and design of lot layout furthers the health, safety, amenity and welfare of the community as a whole. (2) Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. FINDING: Screening is not required as a part of this development. A conceptual street tree planting plan has been presented, locating required mitigation trees. A detailed street K: IReportr11004LPC Reporb109-17-041R-PZD 04-118/(IVALNUTCROSSING SUBDIVISION) REVISED FOR CCJd tree planting plan is required prior to final plat approval. (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: Internal streets are comprised of public loop streets within 50 feet of right-of- way, with no dead -ends. An east -west Collector Street is indicated through the property, within a.minimum of 70 feet of right-of-way, eventually connecting users to the west to Alberta Street in Farmington and the yet to be constructed Rupple Road to the east. An additional street stub -out is proposed to the north. The only provided access for the development at the present time is the street from Hwy 62; however, with future development, traffic dispersement will be possible with the presented street stub -outs. A turning lane is provided at the intersection of Street 1 and Hwy 62. Sidewalks are required on all sides of public streets within the development. A majority of the single family lots will be limited to access from rear alleys. For those lots without alley access, due to their narrow width, staff recommends a combination of shared 24-foot driveways and separate 12-foot wide driveways to facilitate a safe, attractive and functional internal street. Pedestrian traffic will thereby be protected from an impractical continuous curb cut, and the overall proportion of lot width to driveway width/paved surface will be more in keeping with typical residential ratios. (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 K IRepons120041PC Repons109-27-041R-PM 04-II8I0VALNUTCROSSI,VG suRDIV/SIONJ REVISED FOR CCdx L respective use areas. FINDING: Standard parking ratios for single family and two-family units is enforced. (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 development exceeds all open space and park land requirements. (6) Sidewalks. As required by § 166.03. FINDING: Four -foot sidewalks are to be constructed on both sides of all interior streets; six-foot sidewalks are required on both sides of the Collector Street. (7) Street Lights. As required by § 166.03. FINDING: All street lights installed shall be pursuant to the above -referenced code section, with a maximum of 300 feet spacing. (8) Water. As required by § 166.03. FINDING: Public water is being provided to the project site, pursuant to city code. (9) Sewer. As required by § 166.03. FINDING: Public sewer is being provided to the project site, pursuant to city code. (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. K IRepo tsUOOAPC Repons109-27-041R-PZD 04-1181(IVALNUT CROSSING SUBDIVISION) REVISED FOR CC.do (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 (No On -Street Parking) Dwelling Units One -Way Two -Way 1 - 20 14' 22' 21+ 14' 24' KAReports120041PC Reports109-27-041R-PZD 04-1181(IVALNUTCROSSING SUBDIVISION) REVISED FOR CCda *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: All public streets for the proposed development are indicated to be constructed according to the adopted standards of the City. (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 applicant proposes to preserve several distinct groupings of significant trees, including three areas along the western property boundary, a large area along the Farmington Branch Creek and two groupings that allow for access to the public park (lots 140 and 141). Additionally, the developer has proposed a public park in a location that retains several high priority, large trees (1.43 acres of canopy) though it must be noted that these are not counted toward the preserved total. A large percentage of trees will also be located with protective easements outside of the City of Fayetteville limits, which are also not counted within the preservation calculations. (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:IReportst20041PC Reportsl09-27-041R-PZD 04-1181(fVALNUT CROSSING SUBDIVISION) REVISED FOR CC.do 0 I (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: Staff finds no specific scenic views to be protected on the subject property. (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 K. Reports120041PC Reports109-27-041R-PZD 04-1181(ti'ALNUT CROSSING SUBDIVISION) REVISED FOR CC.da effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. FINDING: The applicant shall comply with the above requirements, as part of the Planned Zoning District ordinance. K IReports120041PC Reports109-27-041R-PW 04-1181(1VALNUT CROSSING SUBDIVISION) REVISED FOR CCdw 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 proposal best fits the flexibility and variety goals of the intent of the Planned Zoning District, offering an array of housing types, lot arrangements (front loading, alley access, shared drive, park -fronting, cluster homes) and amenities for the KAReports120041PC Reports109-27-041R-PZD 04-1181(WALNUT CROSSING SUBDIVISION) REVISED FOR CC.do 0 • community to enjoy. Open space is proposed with the 5.02-acre park, allowing for residents to utilize the common open space as virtual yards, in lieu of private, individual yards on each lot serving the individual homeowner. Many of the natural features of the site have been incorporated into the design, including the placement of the park, connections to a potential trail system along Farmington Branch Creek from the park, preservation of large boundary/fence row trees and large areas of riparian ecosystem. The proposal is consistent with many of the guiding policies of the General Plan 2020 including: Residential Areas: 9.8.a Utilize principles of traditional residential urban design to create compatible, livable, and accessible neighborhoods. 9.8.f Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and services. Environmental Resources: 9.16.a Identify areas of environmental concern and protect and preserve environmental resources. 9.16.b Define and protect areas of significant foodplains, hillsides, trees and other environmental resources through cluster development provisions, density controls, protective easements and other new and existing development standards and regulations. Community Character: 9.19.g Encourage new residential development to incorporate varying lot sizes, home prices and types of dwelling units. (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. FINDING: The subject described real property is proposed to be rezoned to R-PZD 04- 1181. The development standards and plan approved shall be adopted with the rezoning. (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: K: IReports120041PC Reports109-27-041R-PZD 04-1181(WALNUT CROSSING SUBDIVISION) REVISED FOR CCom (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 and clustered two, three and multi -family residential uses in a clustered pattern, allowing for more usable common open space and greater preservation of natural amenities. A'general rezoning would not allow the type of development the applicant is pursuing, based on the bulk and area requirements of typical zoning districts, therefore a Planned Zoning District is more 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. A harmonious relationship with surrounding developments is achieved, while allowing for a very different style and type of development. Public improvements provided with the development will ensure future street connectivity in the area. (2) Permitted uses. Unit 1 City-wide uses by right f4eilities iit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 1 Three-family dwellings Unit 12 • Unit 13 Eating plaees Unit 15 Neighborhood u ivig K:IReportst2004lPC ReportsIO9-27-041R-PZD 04-1181(7VALNUT CROSSING SURDIVISION) REVISED FOR CCdo 0 • FINDING: The proposed uses are permitted uses within a Residential Planned Zoning District. All other ancillary uses (parks, trails, etc.) are allowed by right. (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 proposed PZD proposed is entirely residential in use. *Required Findings for Rezoning Request, RECOMMENDATION: Staff recommends approval of the rezoning request from R-A, Residential Agricultural, to R-PZD 04-1181, with the adoption of the associated preliminary plat. LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a Residential Area. Rezoning this property to R-PZD 04-1181, with associated Preliminary Plat, is consistent with the land use plan and compatible with surrounding land uses in the general vicinity. 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 R-A property to the proposed PZD development with clustered single and two-family residential use at -a density of 4.50 units per acre is consistent with the General Plan 2020 that identifies this area for residential use. The proposed land use is unique to the area with regard to site layout and organization, meeting many of the objectives and principles of the land use plan that promotes traditional urban forms of 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 subdivision in the manner proposed with the R-PZD site plan. 3. A determination as to whether the proposed zoning would create or appreciably increase K 1Reporrs120041PC Repons109-27-041R-PZD 04-11810YALNUT CROSSING SUBDIVISION) REVISED FOR CC.da traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger or congestion surrounding streets. Approximately 1,950 average two-way vehicle trips per day from this development would be created; a Principal Arterial, the primary means of access to the site currently, can accommodate 20,600 vehicles per day at full build -out. 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 development proposed would create, on average, 429 future residents in this area, thereby altering the population density in the immediate vicinity. Based on findings from public service providers, as outlined below, an undesirable increase in load on public services would not be created. Fire - Water supply with fire hydrants is needed to serve development on this site. Fire station #6, approximately 2.6 miles away, will serve this site once it is constructed. Fire response time to the site is approximately 4-5 minutes, with an anticipated 37 calls for service at maximum build -out, based on the Service Delivery Impact report included. 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 surrounding development. No additional equipment or personnel is needed to provide service 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 KARepor(s00041PC Reporis109-27-041R-PZD 04-11810VALNUPCROSSING SUBDIVISION) REVISED FOR CCdw a e'eTj y ARKANSAS THF, CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 27, 2004 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Jeremy Pate, Landscape Administrator Date: September 21, 2004 ITEM #: R-PZD 04-1181 (Walnut Crossing S/D) Requirements Submitted: ✓ Initial Review with the Landscape Administrator ✓ Site Analysis Map Submitted ✓ Site Anal is Written Report Submitted ✓ Complete Tree Preservation Plan Submitted Canopy Measurements: Total Site Areay acres 43.30 square feet q�. 13886,165 'dEzi [1nQ'')� rCC`Cal7oPY"+�if:.i:-- ' Y acres 3.81 square feet 165,963 percent of site area 9.95% acres 2.90 square feet 1265505 percent of total site area 7.58% „Percent MriimuinCanopvReuuired 9.95% FINDINGS: 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 The desirability of preserving a tree or group of trees by reason of age, location, size or species. The site contains numerous significant trees, and several groups of trees that are highly desirable for preserving, based on all of the above factors. The dominant high -priority species on -site is the K:Veremy\Landscape AdminTROJECTS\Plats-2004Valnut Crossing R-PZD\TreePreservationRepon - PC.dw Hackberry, with lesser numbers of American Elm, White Ash, several species of oak and hickory. Whether the design incorporates the required Tree Preservation Priorities. The design of the subdivision does incorporate the required Tree Preservation Priorities. Several significant trees have been specifically targeted for preservation, as well as contiguous groupings. The park area contains such a grouping, as does the corridor preserved from the park south to the creek, allowing for a continuous tree canopy. Additionally, easements are to be placed along the western property boundary, in order to protect a stand of rather large Hackberry trees, including a 55" diameter tree. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Removing those trees shown as preserved could potentially degrade any habitat movement along corridor from the creek north. Significant environmental degradation should not occur as a result of the removal of those trees shown by installation of infrastructure. 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. Impact on adjacent properties would be evident only along the west boundary. Reduction in tree cover along the creek could have potential detrimental environmental impact along the riparian corridor. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. No alternative construction methods are proposed. Whether the size or shape of the lot reduces the flexibility of the design. The size and shape of the lot does little to reduce the flexibility of the design. Natural drainage patterns and the existing creek riparian corridor do have an effect on the design development. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. The general health of all groups of trees on this site is good. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. Most trees shown to be preserved are sited in good relationship to the proposed streets and utilities, to ensure prolonged preservation. The developer has worked with utility companies to site easements sensitive to tree preservation, and has created lot lines that preserved the integrity of the natural canopy corridor. Users of the lots should have ample space in which to build and preserve existing trees, should they choose to do so. The developer has further ensured the long- term protection of certain trees by placing them within protective easements, and including these easements within the covenants, so that future homeowners are aware of their significance. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, K:Verem)U=dscape Admin\PROJECTS\Plats-2004\Walnut Crossing R-PZD\TmePre mationReport - PC.doc or maintaining essential public utilities. Some trees will need to be removed for the purposes of installing necessary utilities. Where possible, utilities have been routed in a manner so as to avoid unnecessary tree removal. The applicant has worked with utility companies and staff to site utilities along property lines that will necessitate minimal removal of tree canopy. , Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. The streets and utilities have been aligned to minimize removal and damage of tree canopy. Construction requirements for On -Site and Off -Site Alternatives. N/A The effects ofproposed On -Site Mitigation or Off -Site Alternatives.' On -site mitigation will provide a coordinated street tree planting, eventually adding canopy to this residential development. The effect other chapters of the UDC, and departmental regulations have on the development design. N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: Federal and state permits may have to be obtained for work within the floodplain; the only area this potentially could involve Tree Preservation is near the proposed creek crossing, which in the City of Farmington. The impact a substantial modification or rejection of the application would have on the Applicant: Staff is recommending approval of the submitted Tree Preservation Plan. Recommendation: Staff recommends approval of the submitted Tree Preservation Plan, with the following conditions: On site mitigation is recommended for the removal of 39,458 square feet of tree canopy. No less than (182) 2-inch caliper trees shall be planted with this project to meet mitigation requirements. 2. A street tree planting plan shall be submitted before final plat as part of requirements toward meeting both mitigation and landscaping goals. K:Vcmmy\Lwdscape Admin\PROJECTS\Plats-2004\Walnut Crossing R-PZD\Tr PrmNationRepw - PC.doc 1 • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-444-3469 TO: Jeremy Pate, Associate Planner FROM: Alison Jumper, Park Planner DATE: September 14, 2004 SUBJECT: Parks & Recreation Subdivision Committee Comments *******x**xx*xx*xxx*********x*xxxx*x******x**************xxxx*******xxxx*****x Meeting Date: September 17, 2004 Item: R-PZD 04-1181 Walnut Crossing Subdivision Park District: SW Zoned: R-PZD Billing Name & Address: Rausch Coleman Homes,LLC Land Dedication Reauirement Single Family @ .024 acre per unit = Multi Family @ .017 acre per unit = Mobile Home @ .024 acre per unit = _ Lot Split COMMENTS: Money in Lieu acres @ $555 per unit = $ acres @ $393 per unit = $ acres @ $555 per unit = $ @ $555 per unit = $ • PRAB voted to accept a land dedication of 4.34 acres for 181 single family lots on July 123 2004. The developer has provided park land in the amount of 5.02, an excess donation of .68 acres. No banking of the additional land has been requested by the developer. R- PZD 04-1181 ZONING REVIEW Fayetteville Police Department R-PZD 04-1181: Planned Zoning District (Walnut Crossing Subdivision): Located on the north side of Highway 62 W, east of Layne St. The property is zoned R-A, Residential - Agricultural. Rausch-Coleman Homes, LLC requests the property be approved for a residential planned zoning district with 137 single-family lots. Recommendations: This property is bordered by Highway 62 West and is surrounded by residential and commercial properties. This site adjoins Farmington city limits. The only apparent access to this proposed subdivision will be from Highway 62 West. If this request were to be approved , we do not anticipate a delay in response for police services. This property will be located on our furthest border on Highway 62 West. We do anticipate more calls for service but not so much so that it will overburden our ability to provide services. The biggest concern we have is adding more traffic to an already congested arterial traffic way. The speed limit is 50 mph in both directions on Highway 62 West. There is a turn lane on highway 62 West that will aid motorists wishing to go east however, motorists may find it challenging exiting this subdivision due to the speed and heavy traffic flow. m = U j j C.) it E O N p W 0) m Z Z N a w o m m m m E O m 0 m 0 E a Q Q Lo o m an d m Z Z 1 L U O) m mg0E c S m E O o mm`-'Ev aQ� N o q Z x- Z Z N w O � m 0 m .• E O C C C d C m m O H mmm0m=a EE E ya`��a`afa'o acov K c $E nm E'E E Nr a m v(D v CL E m E3 000 o m o Co. > G a o V CO U) V) d oq LL LL LL V ow '2 u d N m M ` CL C m d Q i' d c d o m d x � c LL d Q j m d C 0 C N d O >. C 0 ccm d 0 0 LL o > U V O j N � C l>0 OD O) CO OD 07 m o 0 0 NN N 09/21/2004 08:45 4797518746 ESI SPRINGDALE PAGE 02 .��• 09/21/2004 0f3:01 479-575-0 ENGINEERING C.O.F. • PAGE 02 uo0[cv mna LS:dI 47975167d6 . E51 5PRIt1GDALE PACE 02 EXHIBIT - A "REZONING WALNUT CROSSING PZD b ti " 1 1 LEGAL DESCR1PT10N: A part of the Southeast Quaver (SEt/4) of the Northwwt Quarter (NWI/4) and a part of the NortheastQuarter(NE1/4)ofthe Southwest Quattcr(SW 1/4), all in soction 24, Township 16 North, Range 31 Nest, Washington County,m Arkansas and beiug ore particularly described as follows: BEGMING at the Southeast comer of said Southeast Quarter (SEl/4) of the Northwest Quarter (NWi /4); thence along the East line.of said Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), South 0'02150" East - 299.40 £§a; thence South 68'421221' West - 444.64 feet; thence South 56'S6'13" West - 43.00 feet; thence SoWh 79"44'13" West "39.40 feet; thence North 0' 16'43" Went - 492.58 Peet to a point ort the South line of said Southeast Quarter(9E 114) of the Northwest Qnarter(NW 1/4);thenccalongsaidSouthTine,Noith89'56'29"West-821.53fcettotheSouthwest cemcr ofsaid Southeast Quarter (SE 1/4) o.ftheNorthwest Quarter (NW 1/4); thence along the West line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4), North 0725'44" West - 1315.36 feet to the Northwest comer of said Southeast Quarter (SE 114) of the Northwest Quarter (NV T /4); thence along theNwth Jfne of said Southeast Quarter (SE 114) of the Northwcst Quarter (NW 1/4), South 89'46'28" East - 825.00 feet to an iron pipe; thence South 041 W43" East - 60.00 feet; theft South 89'46'28" East - 4?9.02 feet to a point on the Tact line of said Southeast Quartet (SE 1/4) of the Northwest Quarter (-VW 114); tTlence along d East line, South 0.55'25" East - 1252.20 feet to the POINT OF BEOMTNG, contal more or less. E: H I BIT "A" iTT)y,,TO BE REZONED TEO BY THE APPLICANT ovrl— ., o (K SEP 2 1.2004 09/20/2004 15:47 4797518746 LEGAL DESCRIPTION: i ESI SPRINGDALE • PAGE 03 DEVELOPMENT WALNUT CROSSING PZD A part of the Southeast Quarter (SEI/4) of the Northwest Quarter (NWI/4) and a part of the Northeast Quarter (NEI/4)ofthe Southwest Quarter (SW 1/4)2 all in section 24, Township 16 North, Range 31 West, Washington County, Arkansas and being more particularly described as follows: BEGINNING at the Southeast corner of said Southeast Quarter (SE1/4) of the Northwest Quarter (NWI/4); thence along the East line of said Northeast Quarter (NE I/4) of the Southwest Quarter (SW 1/4), South 0'02'50" East - 299.40 feet; thence South 68'4222" West 446.64 feet; thence South 56*5613" West.- 43.00 feet; thence South 79044'13" West - 39.40 feet; thence South 0'21'59" East - 3.19 feet to the Northeast comer of Stapleton Subdivision; thence along the North line of said subdivision, South 65'47'00" West - 131.56 feet; thence along the North line of said subdivision, South 80°36'00" West - 190.41 feet; thence leaving said North line and running North 25.0 feet, more or less, to the centerline of the North Fork of the Farmington Branch; thence Northwesterly along said centerline the following: West 20.0 feet, N46043126"W 112.52 feet, N80OWW 30.0 feet, N40'001W 50.0 feet, N75900'W 35.0 feet, S82'00'W 20.00 feet, S61000'W 55.0 feet, S4590OW 45.0 feet, S7745028"W 160.9 feet, S62'25'57"W 15.12 feet, S62425'58"W 49.80 feet to a point on the West line of said Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4); thence along said West line, North O'25'44" West - 552.19 feet to the Northwest corner of said Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4); thence along the West line of said Southeast Quarter (SE 1/4) of the Northwest Quartcr (NW 1/4), North 0'25'44" West-1315.86 feet to the Northwest corner of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); thence along the North line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4). South 89046'28" East - 825.00 feet to an iron pipe; thence South 0' 1643" East- 60.00 feet; thence South 89°46'28" East - 479.02 feet to a point on the East line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4); thcnce along sa' ast line, South 0'55'25" East - 1252.20 feet to the POINT OF BEGINNING, containinC.99,cres, more or less. SEP 2 1 2004 COffin September 30, 2004 Fayetteville -Planning Department Jeremy Pate, Planner 113 W. Mountain= l Fayetteville, AR 72701 RE: R-PZD 04-1 l81 Walnut Crossing . Dear Mr. Pate: I appreciate the support we received from the Staff -and the Planning 6ommission on Monday, th September 27_ concerning the Watlnut Crossing Residential Planned,Zo img Uistrict..As was ' presented; Walnut Crossing is intended tb provide affordable housing fordbe work force sector of our community. This will be a neighborhood'of quality built homes accompanied by amenities that are typically afforded by only the higher priced developments. During the Planning Commission discussions, the definition of affordable housing was requested.: Housing is considered affordable if a household pays no more. than 30% of their. income on rent or mortgage payments.. Affordable housing varies based on the income level you are trying to provide for.. Walnut Crossing is Intended to provide affordable housing for the median income household. Families that fall within the. medianincome level include that of America's work. force; our teachers, police and fire personnel,. retail, and restaurant employees, factory workers . and'service personnel to name a few. ` The average median income in Washington County is approximately $35,000100 per household For an income level of $35,000, an affordable mortgage payment would equal up to $875.06 per. month. As we presented to the Planning Commissioq, our, homes will range, in cost from $99,000 to $135,000. Using an amdrtizationYable, I calculate that with 6.6%interest, a family borrowing $99,000.00 would make payments of $632.27 a month on a 30 year mortgage which falls within that 30%. Based on information. gathered. by the National Low Income, Housing Coalition,'the average rept fora two bedroom apartment-ih Northwest Arkansas is $547.00 and for a three bedroom apartment the rent averages $738.00: Based on those figures, we plan to providee-home ; ownership for alesser monthly payment than offered in the average apartment complex: We hope this .helps to clarify the definition of -affordable housing -and' Rausch Coleman's" intentions to provide affordable work force housing within the Walnut Crossing development: Respec y in J. He R A Directo nd,Development Raus oleman Homes, LLC. www:tauSchcolemanhomes.com 7• Engineering Services, Inc. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Phone:479-751-8733 • Fax 479451-8746 August 18, 2004 City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RE: Walnut Crossing Subdivision Fayetteville, Arkansas Dear City Staff: Enclosed please find copies of the Walnut Crossing Subdivision. This development is a residential mixed use development consisting of 137 lots and approximately 6.47 acres of cluster homes. The project is owned by. Rausch Coleman Development. The property will relate well with the future land use of the area, which will be residential. Water and sewer are available to the site as shown on the development plan. This proposal fits the intent of the PZD in that it is a clustered residential development. Please contact me if you have any questions, or if you need additional information. n rely, Brian . Moore, P.E. Secretary/Treasurer AUG 1.9 2004 Ilk 111 Consulting Engineers and Surveyors [CHI Jerry W. Martin, F.E. E. Walt LeFevre, P.E. Philip C. Humbard, P.E., PLS. Brian 1. Moore, P.E. President Senior Vice President Vim President Secretary / Treasurer Engineering Services, Inc. S. TMissouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Phone:479-751-8733 • Fax: 479-751-8746 c�a ' 8 "..3 (.Vu September 7, 2004 Planning and Development City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RE: Walnut Crossing Subdivision (PZD 04-1181) Master Street Plan Revision Fayetteville, Arkansas To Whom It May Concern: The City of Fayetteville Master Street Plan calls for an East-West Collector street in the area of the proposed Walnut Crossing Subdivision. The Walnut Crossing Subdivision PZD submitted includes a street (Street 3) which satisfies Fayetteville's minimum requirements for a collector and. also satisfies the intent of the Master Street Plan. The proposed street has a right-of-way of 80 feet, while only seventy feet of right-of-way is required by the city, and it is east -west indirection. The. proposed street is approximately 600' further north than the Master Street Plan calls for, but is in the general area required. The street runs across the entire width of the proposed PZD, and is aligned in such a way as to connect to the existing Alberta Street if extended to the West. There are no impediments to the east.of the proposed street, using the alignment proposed in the PZD, that would prevent its eventual extension to Rupple Road, which the Master Street Plan calls to be extended to Highway 62. I believe the street layout proposed to the city meets the requirements of future traffic in the area and the intent of the Master Street Plan. If you have any questions regarding this development, please do not hesitate to contact me. ZC ��IY Bn . Moore, P.E. Secretary/Treasurer Consulting Engineers and Surveyors Gt Jerry W. Martin, P.E. E. Walt LeFevm P.E. Philip C. Humbmd, P.E. P.LS. Brian J. Moore, P.E. President Senior Vice President Vice President Secretary / Treasurer a CITY OF FARMINGTON . 354 West Main Street (479) 267-3865 P.O. Box 150 (479) 267-3411 Farmington, Arkansas 72730 (479) 267-5511(fax) September 7, 2004 Fayetteville Planning Division Ms. Dawn Warrick, Zoning and Development Ad � I\ J E I 113 W. Mountain Y Fayetteville, AR 72701 SEP 0 8.2004 RE: Walnut Crossing I F Ms. Warrick, It is my understanding that the Rausch Coleman Development Group is in the process of developing a parcel of land located within both Fayetteville's and Farmington's city limits. It is also my understanding that Phase I of this development will begin inside Fayetteville's jurisdiction. Rausch Coleman Development Group and Heather Dumas, Farmington Business Manager, has discussed the intention to construct Holland Drive from Highway 62 north to access the Walnut Crossing Subdivision. We understand that Holland Road will initially be constructed to access Walnut Crossing which is primarily within the limits of Fayetteville. It is also our understanding that this road will access the future Walnut Valley subdivision within the Farmington limits and eventually connect to existing Farmington streets in adjacent residential developments to the west. We are aware that the street is to be built to Fayetteville street standards and accepted as a public right of way by the Farmington City Council to be maintained by the City of Farmington. The Rausch Coleman Development Group also discussed the construction of a detention pond for the purpose of maintaining flood control for the Walnut Crossing development within a portion of the development that falls within Farmington. It is understood that this detention facility will be owned and maintained by the Walnut . Crossing Property Owners Association which will be created as the subdivision is completed. The Farmington City Council will be reviewing Rausch Coleman Development Group proposal at our September 13, 2004 meeting. es ectfully John Hams Mayor Office of Mayor John Barris From: Dawn Warrick To: Pate, Jeremy Date: 9/8/04 2:44PM. Subject: Fwd: Walnut Crossing. >>> "Heather Dumas"<HeatherDumas@cityoffarmington-ar.gov> 09/08/04 02:39PM >>> Dawn, Earlier today Kim_Hesse submitted a letter to you from our Mayor, John Hams. The letter stated that our city council would be considering the item on their September 13 agenda. I have since spoken with our city attorney. It is his opinion that the matter should go before our Planning Commission first. Please note that the item will be presented to our Planning Commission on September 20, 2004. If you need anything else, please do not hesitate to call, 267-3865. Thank you Heather Dumas City Business Manager 0 0 WALNUT CROSSING SUBDIVISION, AN ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS RESTRICTIVE COVENANTS AND BILL OF ASSURANCE These Restrictive Covenants and Bill of Assurance ("Covenants") for Walnut Crossing Subdivision, an Addition to the City of Fayetteville and the City of Farmington, Washington County, Arkansas are made by the property owner and developer, Rausch Coleman Homes, LLC who is hereinafter referred to in these Covenants as the Developer. The Developer hereby imposes the following limitations, restrictions, and uses on Lots 1 through 67 of the Addition, as defined below ("The Residence"), Lots 68 through 136 of the Addition ("The Villa"), and Lots 137 and Lot 138 which is a 5.4 acre tract of real property set aside for 59 town homes or "cluster" type dwellings ("The Commons"). The Residence, The Villa, The Commons, and the Common Areas (as defined below) make up Walnut Crossing Subdivision, an Addition to the City of Fayetteville, Arkansas (the "Addition"), as per the platted subdivision filed of record in Washington County, Arkansas on the day of , 2004 in Plat Book at Page (the "Plat"). The legal description for the said Addition is more particularly described on Exhibit "A" attached hereto and the Plat is set out on Exhibit "B" attached hereto. These Covenants shall run with the land for the period of time hereinafter set out and shall be binding upon all purchasers of lots or The Commons in the Addition. These Covenants are for the benefit of and are limitations upon all future owners in the Addition and have been designated as such in order to provide for the orderly development of the Addition and for the purpose of making the Addition desirable, uniform, and suitable for the uses herein specified. These Covenants shall be binding upon all parties and all persons claiming under them through December 31, 2034, at which time they shall be automatically extended for an additional ten (10) years, unless by vote of at least two-thirds of the then owners of the lots in the Addition (the term 'lots" being defined herein), it is agreed that these Covenants should be changed, amended, or terminated in whole or in part. It shall be lawful for the Developer, Walnut Crossing Property Owners Association, an Arkansas non-profit corporation (hereinafter referred to as the "Association"), the City of Fayetteville, Arkansas (the "City"), or any other person or persons owning a lot in the Addition to initiate proceedings at law or in equity against parties or persons violating or attempting to violate any of these Covenants and to recover damages for such violations. The Association and/or any owner of lots situated in the Addition, either individually or collectively may also exercise any rights reserved hereunder to the Developer. The invalidation of any one or more of these Covenants by a court order shall not invalidate any of the other provisions which shall remain in full force and effect. 12736=33 • 0 ARTICLE I Concepts and Definitions The following words, when used in these Covenants or any amendments or supplements thereto (unless the context shall otherwise clearly indicate or prohibit), shall have the respective concepts and meanings set forth below. "Addition" shall mean and refer to the property described in Exhibit "A" and as reflected on the plat set out on Exhibit "B" and any additions or amendments thereto. "Association" shall mean and refer to the entity which will have the power, duty, and responsibility for maintaining, administering, and enforcing, these Covenants and collecting and disbursing the assessments and charges hereinafter prescribed. The Association shall be chartered and shall function as a non-profit corporation under the name of "Walnut Crossing Property Owners Association", for the purposes set forth herein. "Architectural Control Committee" or "Committee" shall mean and refer to the 3 individuals or business entities selected by the Developer until such time as 120 lots (as defined herein) have been sold and at least 100 dwellings have been constructed and are occupied within the Addition at which time the Committee shall resign and 3 members shall be elected by the Association at a specially called meeting held for that purpose. Each member of the Committee shall be generally familiar with residential and community development design matters and knowledgeable about the Developer's concern for a high level of taste and design standards within the Addition. Other matters pertaining to the governments and administration of the Committee is set forth in these Covenants. "The Residence" shall mean Lots 1 through 67 as shown on the Plat. "The Villa" shall mean Lots 68 through 136 as shown on the Plat. "Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association elected in accordance with the provisions of the articles of incorporation and by-laws of the Association. "Common Properties" shall include Lots 140-145 as shown on the Plat as well as any and all areas of land together with all improvements located therein within the Addition which are known, described or designated as private roadway easements within The Commons, trails and walkways along the roadways as noted on the Plat, the Conservation Land Use Area, trails and hiking paths as designed on the Plat, and any other real property intended for or devoted to the common use and enjoyment of the members of the 12735/0033 • • Association. The Association shall hold such title to the Common Properties as shall be consistent with the objectives envisioned herein and subject to the easement rights herein of the members to use and enjoy the Common Properties. The Developer reserves the right to effect minor redesigns or reconfigurations of the Common Properties and execute any open space declarations applicable to the Common Properties. "The Commons" shall mean and refer to Lots 137 and 138 on the Plat seta aside for the construction of townhomes or "cluster" residential units. "City" shall mean the City of Fayetteville, Washington County, Arkansas or the City of Farmington, Washington County, Arkansas, all as the context may require. "Common Properties" shall mean and refer to any and all areas of land together with all improvements located therein within the Addition which are known, described, or designated as common areas, community trails, and easements along intended for or devoted to the common use and enjoyment of the members of the Association or which are set aside for the protection of trees (unless located on a platted lot within The Residence or The Villa) or for environmental or wildlife protection and as designated on the Plat. If appropriate, the Association shall hold such title to the Common Properties as shall be consistent with the objectives envisioned herein and subject to the easement rights herein of the members to use and enjoy the Common Properties. The Developer reserves the right to effect minor redesigns or reconfigurations of the Common Properties and execute any open space declarations applicable to the Common Properties. "Conservation Land Use Area" shall refer to that portion of the Addition set aside for wildlife and eco-system maintenance and which shall be preserved in its natural state and may not be cleared, cut or trimmed without the consent of the City. The Conservation Land Use Area shall be utilized as a detention area for storm water run-off. "Developer" shall mean and refer to Rausch Coleman Homes, LLC, an Arkansas limited liability company, and its successor(s) and assign(s). "Lot" or "lof' shall mean and refer to any plot or tract of land which is designated as a lot on the plat which is attached hereto and labeled Exhibit "B". The term "lot" as used in these Covenants shall be deemed to refer to any real property or space reflected on the plat and within which a dwelling unit may be legally constructed. "Member" or "member" shall mean and refer to each owner of a lot. "Owner" or "owner' shall mean and refer to each and every person or business 1 Y7asoo33 entity who or which is a record owner or subsequently becomes a record owner of a fee or undivided fee interest in any lot in the Addition. If more than one person or entity owns an interest in a lot, then the voting right and membership shall be divided among the parties as they see fit. ARTICLE II Membership and Voting Rights in the Association Section 1. Membership. Every owner of a lot shall automatically be, and must remain, a member of the Association in good standing. Section 2. Voting Rights. The Association shall have 1 class of membership for purposes of voting. There shall be a total of one hundred ninety-five (195) votes. The owner of each lot (regardless of how many persons or entities own an interest in the lot) shall be entitled to one (1) vote and the owner of each cluster home (regardless of how many persons or entities own an interest in the cluster home shall be entitled to one (1) vote). Section 3, Quorum, Notice and Voting Requirements. The quorum, notice, and voting requirements of and pertaining to the Association are set forth within the articles of incorporation and by-laws of the Association, as the same may be amended from time to time. Subject to the provisions of Section 2 above and any other provision to the contrary set out in these Covenants, any action by or on behalf of the Association may be taken with the assent given in writing and signed by members who collectively hold or control a majority of the outstanding votes of the Association. ARTICLE III Property Rights in the Common Properties Section 1. Members' Easements of Enjoyment Subject to the provisions of Section 3 of this Article, every member and each individual within a member's family shall have a non-exclusive right and easement of use, recreation, and enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title of each respective lot, PROVIDED, HOWEVER, such easement shall not give such person (excluding the Developer and the Association), the right to make alterations, additions or improvements to the Common Properties. Notwithstanding the foregoing, the Tree Easement noted on the Plat for lots in The Common is not considered to be Common Areas, and the tress located thereonshall be maintained in their current state by the lot owners burdened by this easement and no trees (unless diseased or dead) shall be 12735O033 0 removed from those lots. Section 2. Title to the Common Properties. If appropriate and as permitted by the City, the Association shall hold such title to the Common Properties for an indefinite period of time, subject to the easements set forth in Section I of this Article as is necessary to accomplish the purposes and effects of these Covenants. The Association shall have the right to design, redesign, reconfigure, after, improve, landscape, and maintain the Common Properties. Section 3. Extent of Members' Easements. The rights and easements created hereby shall be subject to the following provisions: (A) The Board shall prescribe reasonable regulations and policies governing, and to charge fees and/or deposits related to, the use, operation, and maintenance of the Common Properties and all lots. (B) The Board, on behalf of the Association, may enter into and execute contracts with any party for the purpose of providing maintenance or such other materials or services consistent with the purposes of the Association and/or these Covenants. (C) The Board shall suspend the voting rights of any member and suspend the right of any member to use or enjoy any of the Common Properties for any period during which any assessment (including without limitation "fines") against a lot resided upon by such member remains unpaid, and otherwise for any period deemed reasonable by the Board for any infraction of the then existing rules and regulations. (D) The Board, on behalf of the Association, may dedicate or transfer all or any part of the Common Properties to any municipal corporation, county government, political subdivision, public agency, governmental authority, or utility for such purposes and upon such conditions as may be agreed to by the Board. ARTICLE IV Covenants for Assessments Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer, for each lot owned by it within the Addition, hereby covenants and agrees, and each owner of any lot, by acceptance of a deed therefor, whether from the Developer or some subsequent grantor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree (and such covenant and agreement shall be deemed to constitute a portion of the purchase money and 12735/0033 5 consideration for acquisition of the lot), to pay to the Association the following matters: (A) Regular assessments or charges for maintenance, taxes and insurance on the Common Properties shall be paid by all of the Owners within the Addition on an equal basis. In Addition, Owners of lots within The Commons shall pay additional special assessments and The Commons as may be needed to maintain the common driveways and roadways within The Commons. Owners of Lots within The Villas shall pay special assessments regular maintenance associated with the upkeep of the alleyways within The Villas. (B) Special group assessments (which may be applied to owners of only one area of the Addition such as The Commons or The Villa) may also be levied for capital improvements or unusual or emergency matters, such assessments to be fixed, established, and collected by the Board from time to time as hereinafter provided. (C) Special individual assessments levied against individual lot owners to reimburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts of the individual owner, his or her family, guests or invitees, and not caused by ordinary wear and tear. (D) Assessments and fines levied against individual lot owners for violation of rules and regulations pertaining to the Association and/or the Common Properties. The regular, special group, and special individual assessments, together with such late charges, interest and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon each lot against which each such assessment is made and shall also be the continuing personal obligation of the then existing owner of such lot at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Board on behalf of the Association shall be used exclusively for the purposes of: (i) enhancing the natural environment, appearance, and beauty of the Addition; (ii) promoting the health, recreation, safety, and general welfare of the residents of the Addition; and (iii) repairing, maintaining, and renovating those portions of the Addition set aside on private roadways, sidewalks, or easements. Section 3. Basis and Amount of Regular Maintenance Assessments. (A) The Board shall determine the regular base assessments for each of the lots at least annually. Each lot (except with regard to special individual assessments) shall be assessed the same amount and in an equal uniform manner; provided, however, owners of 1273SX0033 6 lots within The Commons — Tract A and The Commons — Tract B may be assessed additional amounts for work or repairs attributable exclusively to the The Commons Areas but only so long as such assessments against lot owners in The Commons - Tract A and The Commons -Tract B are uniform and equal. (B) The Board shall give notice to all members at least 30 days in advance of the date all regular or special assessments are due. The Board may prescribe from time to time that the regular base assessments are to be collected on an annual, semi-annual, quarterly, or monthly basis, and accordingly, the Board shall prescribe the appropriate due dates. All regular base assessments shall be collected in advance. The due date or dates (if it is to be paid in installments) of any other assessments or special assessment under Sections 3 and 4 hereof, shall be fixed in a resolution by the Board authorizing such assessment. Section 4. Special Group Assessments. In addition to the regular assessments authorized by Section 3 hereof, the Board may levy in any fiscal year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement in the Addition. Section 5. Rate of Assessments. Except as noted herein, regular and special group assessments shall be fixed at a uniform rate for all lots owned by members, unless otherwise approved by the Board for work or expenses attributable to the The Commons Areas. Should a special assessment be determined necessary by the Board, the rate of assessment shall be equal for all lots. The failure to pay the assessment by the owner of a lot within the required time period shall constitute a lien only against the lot assessed. Section 6. Effect of Non -Payment of Assessment; the Personal Obligation of the Owner; the Lien; and Remedies of Association. (A) If any assessment or fine or any part thereof is not paid on the date(s) when due, then the unpaid amount of such assessment shall be considered delinquent and shall, together with any late charge and interest thereon at the maximum rate allowed under applicable law and costs of collection thereof, thereupon become a continuing debt secured by a self-executing lien on the lot of the non-paying owner which shall bind such lot in the hands of the owner and owner's heirs, executors, administrators, devisees, personal representatives, successors, and assigns. The Board shall have the right to reject partial payments of an unpaid assessment and demand the full payment thereof. The personal obligation of the then -existing owner to pay such assessment, however, shall remain the owner's personal obligation and shall not pass to owner's successors in title unless expressly assumed by them. However, the lien.for unpaid assessments shall be 12735/0033 7 unaffected by any sale or assignment of a lot and shall continue in full force and effect. No owner may waive or otherwise escape liability for any assessment provided herein by non- use of the Common Properties or abandonment of the lot. (B) The Board may also give written notification to the holder(s) of a mortgage on lot of a non-paying owner of such owner's default in paying any assessment when such default has not been cured within 30 days of the original date due, provided that the Board has, theretofore, been furnished in writing with the correct name and address of the holder(s) of such mortgage and a request to receive such notification. (C) The Board may, at its election, retain the services of an attorney to review, monitor and/or collect unpaid assessments and delinquent accounts, and there shall also be added to the amount of any unpaid assessment or to any delinquent account any and all attomeys' fees and other costs of collection incurred by the Association. Section 7. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate and inferior to the lien of any bona fide first mortgage or deed of trust now or hereafter placed upon the lots subject to assessment. ARTICLE V General Powers and Duties of the Board of Directors of the Association Section 1. Powers and Duties. The affairs of the Association shall be conducted by its Board of Directors (sometimes referred to as the "Board"). (A) The Board, for the benefit of the Association, the Addition, and the owners, may provide and may pay for, out of the assessment fund(s) provided for in Article IV above, any or all of the following: (1) Care, preservation and maintenance of the Common Properties and the furnishing and upkeep of any desired personal property and fixtures for use in or on the Common Properties; (2) Private trash and garbage collection service, if any, which pertain to the Common Properties only; (3) Taxes, insurance and utilities (including, without limitation, electricity, gas, water and sewer charges), if any, which pertain to the Common Properties only; 12735/0033 0 9 (4) The services of any person or firm (including the Developer and any affiliates of the Developer) to manage the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by a manager hired by the Board; (5) Legal and accounting services; and (6) Any other materials, supplies, equipment, labor, services, maintenance, repairs, structural alterations, taxes or assessments which the Board is required to obtain or pay for pursuant to the terms of these Covenants or which in its opinion shall be necessary or proper for the operation or protection of the Association and the Addition or for the enforcement of these Covenants. (B) The Board shall have the following additional rights, powers and duties: (1) To execute all declarations of ownership for tax assessment purposes with regard to any of the Common Properties owned by the Association; (2) To enter into contracts, maintain one or more bank accounts and, generally, to have all the powers necessary or incidental to the operation and management of the Association; and (3) To make reasonable rules and regulations for the operation of the Common Properties and to amend them from time to time. Section 2. Maintenance Contracts. The Board shall have full power and authority to contract with any owner (including, without limitation, the Developer) for performance, on behalf of the Association, of services which the Association is otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable, and in the best interests of the Association. Section 3, Liability Limitations. No member or the directors and officers of the Association shall be personally liable for debts contracted for or otherwise incurred by the Association or for any torts committed by or on behalf of the Association or otherwise. The Developer or the Association, its directors, officers, agents, or employees, shall not be liable for any incidental or consequential damages for failure to inspect any premises, improvements, or portion thereof or for failure to repair or maintain the same. 12735%0033 E Section 4. Reserve Funds. The Board may establish reserve funds which may be maintained and accounted for separately from other funds maintained for annual operating expenses. ARTICLE VI Use and Division of Lots No lot may be divided or split. The Addition (and each lot situated therein) shall be constructed, developed, occupied and used as follows: Section 1. Residential Lots. All lots within the Addition shall be used, known and described as residential lots. Only one (1) single family residential dwelling consisting of not less than 1,100 square feet of heated and cooled finished space shall be constructed on each Lot within the Addition. In addition, the customary and usual necessary structures may be constructed on each lot as may be permitted by the City. No building or structure intended for or adopted to business purposes shall be erected, placed, permitted or maintained on any lot. This covenant shall be construed as prohibiting the engaging in or practice of any commerce, industry, business, trade, or profession within the Addition, and/or within any lot. The restrictions on use herein contained shall be cumulative of, and in addition to, such restrictions on usage as may from time to time be applicable under and pursuant to the statutes, rules, regulations, and ordinances of the City or any other governmental authority or political subdivision having jurisdiction over the Addition. Section 2. Residential Purposes. By acquisition of any lot within the Addition, each owner (excluding bona fide home- builders) covenants with and represents to the Developer and to the Association that the lot is being specifically acquired for the specific and singular purpose of constructing and using a single-family residential dwelling thereon or as a residence for such owner and/or owner's immediate family members. Section 3. Minimum Square Footage. Each single-family residence constructed on a lot shall contain at least the minimum square footage heated and cooled finished space as set forth in Section 1 above. The decision by the Committee regarding the computation of the amount of square footage a residence contains shall be final. Section 4. The Villa Lots. The alleyways within The Villa must remain clear at all times. Alleyways may not be utilized for parking or storage purposes and shall be subject to such other rules and regulations as may be promulgated by the Board from time to time. 12735/0033 10 9 ARTICLE VII Easements Section 1. In General. Other than primary service in the Addition and within platted easements, there shall be no above- ground service for utilities except those lines or poles that shall be approved, in writing by the City of Fayetteville. The owner of each lot shall be responsible for the protection of underground facilities located on his or her lot and shall prevent any alteration of grade or construction activity which may interfere with said utility lines. Section 2. Utility Easements. Underground service cables to all residences which may be located in the Addition shall run from the nearest service pedestal to the point of use and upon the installation of such service cable to a particular residence, the supplier of service shall thereafter be deemed to have an effective right of way easement covering a 5 foot strip extending 2.5 feet on each side of the service cable from the service transformer to the service entrance to the residence. This easement shall also be available to all of the suppliers of public utilities and quasi -public utilities. Section 3. Gas Lines. For gas meters and gas lines to the structures in the Addition, all yard lines will be plastic pipe of the size and material approved by the public utility servicing the Addition and an approved tracer wire will be installed in the trench with the plastic pipe and attached to the meter eyes in accordance with the public utility specifications. No yard line will be installed under concrete or asphalt except in a casing approved by the public utility. All gas meters shall be installed within 5 feet of the corner of the residence it services and may not be located in any portion of the front of the residence. Section 4. Tree Easements. A tree easement[INSERT LANGUAGE FROM CITY OF FAYETTEVILLE TREE ORDINANCE HERE]. Section 5. Approval of Easements. No portion of any lot shall be used for a driveway or passageway or easement of any type to service or benefit property or owners of property adjoining the Walnut Crossing unless such usage is approved by two-thirds (2/3) of the voting members of the Association and the Developer; provided, however, some driveways, as reflected on the plat may be shared or used in common by two lots. 1273510033 11 ARTICLE VIII 0 • Architectural Control Committee - Approval of Plans. Control of Development Activities Section 1. Submission of Plans. In order to maintain a beautiful and pleasing setting in a the Addition, two (2) sets of all building and site improvement plans and specifications must be submitted to the Committee for its approval prior to the commencement of construction. The Committee shall act to enforce the requirements of these Covenants in a reasonable manner. The Committee has the authority to maintain the architectural conformity of the Addition and, in consideration thereof, shall determine that the proposed construction shall not detract from the development and shall enhance the purpose of the development to provide a beautiful and pleasing setting in the Addition. The Committee shall consider such matters as the proposed square footage, location, materials, exterior style and landscaping. No concrete block foundation may be exposed. The Committee will adopt rules or by-laws explaining the mechanics of its operation and providing for a twenty-one (21) day maximum time within which plans must be reviewed and approved or disapproved after submission and, if not approved or disapproved in that period, that the same shall be considered as automatically approved. Section 2. Diversion of Drainage. All plans or schemes for the diversion of drainage, or construction or reconfiguration of a pond or lagoon, shall be approved by the Committee; provided, however, no reconfiguration of the Conservation Land Use Area shall be allowed. Section 3. Garage and Detached Structures. All residences constructed in the Addition shall have a private garage to accommodate a minimum of 2 automobiles. No carports are allowed within the Addition. Any detached structure to be built on a lot, such as a covered entertainment area, guest house, pool house, barn, or other structure, shall conform to the basic styling of the dwelling and the plans for any such structures must be submitted to the Committee for approval prior to construction. As set forth in Article VI, Section 4, there shall be no parking on any alleyway within The Villa. Section 4. Temporary Structures. No trailer, mobile home, tent, construction shack, or other out building shall be erected on any lot in the Addition except for temporary use by construction contractors for a reasonable period of time and only in such location and for such time as may be designated by the Committee. Boats, recreational vehicles, and vehicles used for recreational purposes, shall be stored to the rear of the main residential structure on each lot. Any type of vehicle that has been inoperative for a period of more than three (3) days shall be stored in the garage or at the rear of the main residential structure so as to be obscured from public view and the view of adjacent lots. The Committee shall have authority to establish setback lines consistent with those 1273SO033 12 reflected on the plat. Section 5. Fences/Requirement Regarding Public Park. Plans for all fencing, whether on lot lines or surrounding patios, pools, bams or other areas of the lot must be submitted to, and approved by, the Committee prior to the construction thereof. In the approval of the fencing, the Committee shall give consideration to the location, height, material conformity with neighboring areas, and the obstruction of views. No barbed wire, razor wire, or chain link fence will be allowed nor may any fence incorporate or use metal poles in its construction. Notwithstanding the foregoing, a four (4) foot fence shall be maintained along Lots 10-33, Block 1, bordering the 5.0 acre public park. ARTICLE IX No Offensive Trade or Activity No obnoxious or offensive trade or activity including the discharge of firearms or fireworks shall be permitted on any lot, nor shall any activity be undertaken on any lot that shall become an annoyance or nuisance to the neighborhood. Home occupations in which customers or suppliers travel to or from a residence in the Addition are prohibited. The development of minerals of any kind or nature, is prohibited within the Addition. ARTICLE X Animals Section 1. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot in the Addition for commercial purposes. No animals, livestock, or poultry may be raised, bred, or kept on any lot for any other purpose without the approval of the Board, which approval, when granted, must be renewed in writing by the Board, within 3 years from the date of first approval. If the Board fails to approve the renewal, then the owner must remove the animals, livestock, or poultry within 30 days of the expiration of the approval. Section 2. Notwithstanding the provisions set forth in Section 1 above, dogs, cats, or other common household pets may be kept or raised on a lot, provided they are not kept, bred, or maintained for commercial purposes, and they are not obnoxious or offensive. In the pen, cage, kennel, shelter, run, track, or other building, structure, or devise directly or indirectly related to animals (including dogs, cats, household pets, or otherwise) which can be seen, heard, or smelled by any other lot owner must be approved by the Committee. Violations of this provision may be brought before the Board, and, after considering the same, the Board may order the violation to cease or be remedied in some 12735=33 13 0 fashion. The failure to heed the Association's directive shall result in a lien being filed against the property and the Board being able to take such other legal and/or equitable action as it deems necessary and proper. ARTICLE XI Motorized Recreation Vehicles Motorized recreational vehicles including, but not limited to, motorbikes, motorcycles, scooters, mopeds, trail bikes and any other similar mechanical device emitting noise, smoke or other environmental pollutants shall not be operated within the Addition except for the sole and exclusive purpose of ingress and egress to and from lots. The roadways within the Addition shall not be used by such vehicles for recreational purposes. The purpose of this restriction is to reduce noise and other pollution so as to permit maximum enjoyment of the surroundings in the Addition. This restriction shall not apply to equipment normally used for lawn or garden maintenance so long as said equipment is operated in the ordinary and usual manner intended. ARTICLE XII Unless approved in writing by the Committee, signs shall be prohibited on all lots except that 1 sign, not exceeding 6 square feet in size, advertising a particular lot for sale shall be permitted. ARTICLE XIII Additional Design and Construction Criteria Section 1. Storage of Construction Materials. Construction materials may only be stored on a lot for thirty (30) days prior to the commencement of construction. Thereafter, construction is to be completed within a reasonable period of time. Section 2. Garbage; Dumping. Dumping is prohibited in the Addition. All trash, garbage or other waste shall be kept in sanitary containers that shall be located at the rear of each residential unit, but shall be kept out of the alley area. All lots (and adjoining alleys) shall be maintained in a neat and orderly condition at all times. Section 3, Accessory Buildings. Accessory buildings may only be constructed if the plans are submitted to and approved by the Committee. 1273510033 14 Section 4. Antenna, Aerial and Other Devices. All antenna or other types of aerial transmitting or receiving devices (including without limitation, radio or television transmitting or receiving antenna) shall be approved by the Committee. The approval of antenna may be denied if, in the sole discretion of the Committee, the antenna or other receiving device would impede the view or otherwise distract from the overall image of the Addition. Section 5. Appearance of Lot All owners shall be required to keep their lot in a clean and sanitary condition whether or not they have constructed a residence on the Lot. All open areas on lots shall be kept mowed to a height of not more than twelve (12) inches. The Board shall promulgate rules and regulations regarding the maintenance of lots and adequate enforcement mechanisms in the event a lot is not properly maintained. Section 6. Mailboxes. All mailboxes shall be located within 10 feet of the driveway servicing the lot and must be of brick construction or shall be grouped for The Villa and The Commons at a location designated by the Developer. ARTICLE XIV Miscellaneous Provisions Section 1. Enforcement Enforcement of these Covenants may be by any proceeding at law or in equity against any person or persons violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages, or both, or enforcement of any lien created by these Covenants; but failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorney's fees from the non - prevailing party. Section 2. Validity. Violation of or failure to comply with these Covenants and restrictions shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may be then existing on any lot. Invalidation of any one or more of these covenants and restrictions, or any portions thereof, by a judgment, decree, or court order shall not affect any of the other provisions or covenants herein contained, which shall remain in full force and effect. In the event any portion of these Covenants conflict with any ordinance or regulation promulgated by a governmental authority, then the governmental provisions shall control. Section 3. Headings. The headings contained in these Covenants are for 12735/0033 15 • 0 reference purposes only and shall not in any way affect the meaning or interpretation of the provisions set out herein. Words of any gender used herein shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa, unless the context requires otherwise. Section 4. Notices to Member/Owner. Any notice required to be given to any member or owner shall be deemed to have been properly delivered when deposited in the United States Mail, postage prepaid, addressed to the last known address of the person who appears as the member or owner on the records of the Association at the time of such mailing. Section 5. Disputes. Matters of dispute or disagreement between owners with respect to interpretation or application of the provisions of these Covenants, the rules of the Committee, the Association's by-laws, or the rules and regulations of the Board shall be determined by the Board of Directors of the Association. These determinations (absent arbitrary and capricious conduct or gross negligence) shall be final and binding upon all owners. IN WITNESS WHEREOF, caused this instrument to , 2004. 1273SWO33 Rausch Coleman Homes, LLC, being the Developer herein, has be executed by its Operating Manager, as of this day of M "DEVELOPER" RAUSCH COLEMAN HOMES, LLC By: Operating Manager • s STATE OF ARKANSAS ) COUNTY OF SEBASTIAN ) On this the day of Notary Public, duly commissioned, State, appeared in person the 2004, before me, the undersigned, a qualified and acting within and for said County and within -named and to me personally well known, who stated he was the Operating Manager of Rausch Coleman Homes, LLC, an Arkansas limited liability company and he was duly authorized in this capacity to execute the foregoing instrument for and in the name and behalf of the said company, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal on this day of , 2004. My Commission Expires: 1273510033 17 Notary Public 1273SO033 EXHIBIT "A" Legal Description (An attachment to and an integral portion of the Declaration of Covenants, Conditions and Restrictions for WALNUT CROSSING development being more particularly described as follows: M. • 0 R-PZD04-1181 WALNUT CROSSING SUBDIVISION One Mile View N,D- a� RA .fin,. W4 I I �IIII I I 1_ SELLFASRD_ .. ,,,pppp DIN OREAu TR�-y' I WII I I A Drr -- w SUBJECT PROPERTYV lot PEA PH SANt'.DRlgl'tli� a-L7RMF]Ar= ----- all RSF4 1 1 A j'i JR. A 2 Ell- I1li..J 4F` 14 Grl c .. Will Da ST: .--� �� „� Yz RO G n r II cz A•- RA6aA f{' A mli 7L w Jan 4y u > . ,tNHIS, ' fi RAff.3A f:. , A fy RSF A I(-WATSO•' LI.iiL.l 't<�a``� tf `t� �j—� NANSNE L o. o �61 R.A • , iir'F.t. �� f..', L 4 WWx RSF4 RA(STDer� rO;l — - -jl i4 MA ST"'�NEAIS v~i NE115� .S NN�y0KENOU1Ft—' -ppp ED t -GLEN 51'.�" f I i PRY S N _ S �8� �'6ERIT"Rq�'TE RV TiiO RTNAVE iT 7"Tr-7-I 1 IA EAO,OW 1 x 1 LL // i 3 W�INSON 14+ ^WQIALE RD WOLFOALE w Overview Legend — Boundary Master Street Plan -- '-- - " Streets Streets Master Street Plan — Existing x �.: Planning Area Freeway/Expressway ' I llllll Planned cP000% Overlay District �m Principal Arterial 00000° � MinorAneral Subject Property Outside City CWecta ®RPZD04-1787 •��� HistMC Cdlector 0 0.1 0.2 0.4 0.6 0.8 Miles STAFF REA FORM - NON -FINANCIAL OBLATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: October 19, 2004 FROM: Dawn T. Warrick Name Planning CP&E Division Department ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: An ordinance rezoning approximately 43.30 acres located north of Hwy. 62, east of the Farmington City Limits from R-A, Residential Agricultural to R-PZD 04-1181 and adopting the associated development plan for Walnut Crossing as submitted by Kim Hesse on behalf of Rausch Coleman Homes. STAFF RECOMMENDATION: Approval City At 1 Department Director inance & Internal Services Dir Received in Mayor's Office ae [on Cross Reference: Date Previous Ord/Res#: ^ r _'I Date Orig. Contract Date: Orig. 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Raw E mono w W'sumix El N6qpq L% �Iffdul Z:\SUBD\Buddy Coleman\Fay Prelim Plat\Final\03928 Coleman Tree Preservation Plan3.dwg, 9/28/2004 4:06:59 PM 71 \\+^'• \\. it/%'i i\ ( / ''%+ AIf i ¢¢} z I 1Z V I 1I\ o e ;.ol a,a n ¢i4 �y xn xa n g� gg gs. si� seixi s �$ 9ItIlt fit, 118111¢ggd611H ?44tl:: tl:sxx:5q:4?i5i?i5p;q?tlas Ritl44tli Y E aaraaaaaaaaaaaaaaaaaaaaaaaaaaseaasaaa- EEEEEEEtEEIEEEEEEEIEIEEEEEEEEIEEEEIEE � 4Q4QQ¢QQ¢¢¢¢e¢4Q¢4QQQQQQQQQQQ¢¢¢¢QQQQ p ®a•® D y i o @x v 2 b O m A aapI aY� Exa IIE f� Efia aaz , AOC m C9 T � I i m a 0 ti s a N E i i ^ 8 1 I I t 0 C%1 I + l ul'I I(m' d R 5 L A A 6 g i bys� br9 s F T xwa e � 3 '�I I, �t��-�� E>D■ Llf�l. NEI IMIN�`_ _ City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479)575-8323 Fax: (479)718-7695 city_clerk@ci.fayetteville.ar.us DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: November 23, 2004 Re: Ord. No. 4639 The City Council passed the above ordinance, November 16, 2004, approving a planned zoning district, R-PZD 04-1181 containing 43.40 acres at Highway 62 and Layne Street. I have attached a copy of that ordinance. This ordinance will be recorded in the city clerk's office and microfilm. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering .• ,; �i ��, ���, ► ► AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am Lega 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: D j nn OC6— 1x�a was inserted in the regular editions on t 7 � PO# ** Publication Charge: $ I U 3. (o d" Subscribed and sworn to before me this Z no(-- day of Z�, 2004. , — Notary Public < crra rru; .fa rrr<tcrrarurrrc:;4 ' CattletiptP My Commission Expir t4otar,'Pubtie,SGteofA_cksnsas;� >}' Was I tLY )� My Commission Expires 02/27105' tt((CGCCQCC(CCC<CC<CCCGCCC(CCCCC<Cl( ** Please do not pay from Affidavit. ..An invoice will be sent. DEC 0 3 2004 cT EVILLE C::IR 'S OFFICE 212 NORTH EAST AVENUE P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 (501) 442-1700 ORDINANCE NO. 4039 N ORDINANCE AWA PLANNED ZONING DISTRICT HIT NO R OF Hi 62. WALNUT OF CROSSING LOCATED NORTH OF HOLY. 62,' FAST OF LAYNE LESS STREET CONTAINING 43.30 ACRES, 1 + MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CRY OF FAYETIEVILLE; AND ADOPRNG ARKANSAS MF 4ACMIeTcn ec me-...... ___ _ r vAl'1iiVJED BY THE PLANNING COMMISSION BE 1T ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYMISVILLE° AMWISAS; Section 1: That Ne zoIM dac48ratiOn of the f0 ig descnbW property's hereby chal m folwis: Sill T1wtthOOtkOIzomr4IMArtOfthoQIy of Fayeno�qe. �*Aal Al APPROVED this Ill day of Noverni 2004. ATTEST: ATT By: OONDRA SMRNr CDV CIM E%HIBR'A' R-PZD 04-1181 A part of the SOOlneesl garter (SE1/4) W ft Norl"e t O ler (NWI/4) entl a part of the North. Goal NEI/4)of too Ol(SW 1/4). el inSection 24. Tormsfip 16 Noth, Range 31 West, b8luoV ime parka lY desaDerl es loll BEGINNING at the Soutlagct Comer W sol SOtehel Olarler (SE1/4) of the NOrllmarter st Ooe 1114 §t61 lll0*02 l � EBM Ina Of NOMeest Qmrter (NE 1/4) of No SoMviusl Oialpr (SW 56°56'13' Want. 299.40 Net; therica Sash 551 West - 446.64 feet: V1Vice Sal <L001aet: therice SClllh 79.44'13' West - 39.40 feet: tteocto NoM 0.16'43- West - 492.58feet to a ptlM on 6a SaM BIM Of ael0 SOuthepsl quarter ISE 1/4) Of the Norlhvest quarter (NW 1 /4); t1aIMe elerg Satl SaM Ina, North 89°6&29' Walt - 821.531eei tO Va $oOVr++ast cprner of sale Soi4lteest gaper LSE 1/4) of fho NOrtfvast Ouerter (NW 1/41: tlaica elag Yie west rule 01 said Sarlhpyst Ouener LSE 1/4) of tl1e Narlhvast Welter (NW t/4), NOM 0°26'd4' West -. 1316.661ee1 t0 the NOrtlm'eetcpnar of saiO SouVaast Quarter r3E 1/4) of Ore Nortlrvrest Qatar Mw 1/4); theIMa 89,46 a NMh lra of 68ie SOUNeest WMer SE 1{41 o11he NorYlxgs[ Qatar (NW 1 4,,Sd4h 89_46'28' East - 826.00 feet to en Iron pipe: thence $IXlel 0°16'43' Eazt - 60.60 feet. SouN 89°d6'28' Fast - d]9.02 lest to a poet On Oa Eesl IiIMof satl Soueaasl W>Her ($E 1/4)'ol lIM Nonlwest Quarter (NW 1/41: thOrlo3 along sera Fact Gne, Soue),0°56'26' Fact - 1252.20 faet'to the POINT OF BEGINNING, cpnWlnng 43.30 scrag nitre or less.