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HomeMy WebLinkAboutOrdinance 4647m uram -IV No a m a = ORDINANCE NO. 4647 so nw••n O w oaNO- AN ORDINANCE ESTABLISHING A RESIDENTIAL oc 00N PLANNED ZONING DISTRICT TITLED R-PZD 04-1154, CLIFFSIDE LOCATED EAST OF HAPPY HOLLOW QC. woo ,- n000 O `"O ROAD, SOUTH OF THE CLIFFS APARTMENTS, O m o = PLANNED UNIT DEVELOPMENT, CONTAINING O x pNo — APPROXIMATELY 26.114 ACRES, MORE OR LESS; � __ AMENDING THE OFFICIAL ZONING MAP OF THE �4 " p"= CITY OF FAYETTEVILLE; AND ADOPTING THE ., r e O — 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 follows: hereby changed asows: From RSF-4, Residential Single Family, four units per acre, to R-PZD 04-1154 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 November 8, 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 7`s day of December, 2004. ATTEST: By: SONDRA City Clerk UajA0 i"? fi7l By: DAN COODY, EXHIBIT "A" R-PZD 04-1154 A PART OF THE NE '/4 OF THE SW '/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 30.00 ACRES OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF THE NE'/4 OF THE SW '/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS. LESS AND EXCEPT: A PART OF THE NE '/4 OF THE SW '/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT S00°33'00"W, 753.00 FEET AND N89028'36"E, 43.14 FEET FROM THE NW CORNER OF SAID 40 ACRE TRACT, RUNNING THENCE N89028'3699E, 551.49 FEET; THENCE S00°33'00"W, 237.00 FEET; THENCE S89028136"W, 551.49 FEET; THENCE N00033'00"E, 237.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3.00 ACRES, MORE OR LESS. ALSO LESS AND EXCEPT: A PART OF THE NE '/4 OF THE SW '/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 20.00 FEET OF EQUAL AND UNIFORM WIDTH OFF THE WEST SIDE OF THE NORTH 753.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: 30.00 ACRES OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF THE NE '/4 OF THE SW '/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, CONTAINING 152060.00 SQUARE FEET (0.346 ACRES) MORE OR LESS. ALSO LESS AND EXCEPT: A PART OF THE NE'/4 OF THE SW '/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NE'/4 OF THE SW '/4; THENCE S00033'0091W, 753.00 FEET TO THE POINT OF BEGINNING; THENCE N89028'369E5 211.00 FEET; THENCE N00°33'00"E, 111.11 FEET; THENCE S89028'00"W, 211.00 FEET; THENCE S00°33'00"W, 111.11 FEET TO THE POINT OF BEGINNING, CONTAINING 0.54 ACRES, MORE OR LESS. Washington County$ AR I certify this Instrument was filed on 02/61/2006 02:06:57 PM an&recorded in Real Estate File NumbersCi4786 Clerk 04o.00 Bette Sta p by D4U • City Council Meetinfif December 07, 2004 �V 7 /J� Agenda Item Number CITY COUNCIL AGENDA MEMOP�1� To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administratoo Date: November 10, 2004 Subject: Residential Planned Zoning District for Cliffside (R-PZD 04-1154) RECOMMENDATION Planning Staff recommends approval of an ordinance creating the Residential Planned Zoning District (R-PZD) for Cliffside. This action will establish a unique zoning district for a residential subdivision on a 26.114-acre tract located in east Fayetteville, north of Hwy 62. The proposal entails a residential subdivision with I I I with both single family detached dwellings and two-family attached townhouses. BACKGROUND Property Description: The property consists of a total 26.114 acres located in east Fayetteville north of Hwy 62 (Huntsville Rd) and east of Happy Hollow Rd. The proposed development is south of Cliffs Apartments and north of Happy Hollow Elementary School. The site is currently vacant and zoned RSF-4. Floodway crosses the subject property from north to south. In addition, a 50' electric easement and 50' water easement overlap creating a 75' easement which runs east -west across the northern portion of the property. With the exception of Cliffs Apartments and the school, the surrounding property is currently developed for single family. Proposal: The applicant requested 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 residential development consisting of I I I single-family residential dwelling units, of which 15 are single family detached and 48 are two-family attached townhouses. The proposed density for the R-PZD is 4.25 DU/acre, slightly greater than the existing RSF-4 zoning. The applicant proposed lot sizes and setbacks slightly smaller than those allowed in typical zoning districts, a trail corridor, tree preservation areas following the existing riparian corridor, and an off -site extension of Ray Avenue north of 4 h Street. DISCUSSION The Planning Commission voted 8-0-0 to forward this request with a recommendation of approval on Monday, November 08, 2004. Approval of a planned zoning district requires City Council approval as it includes zoning (land use) as well as development approval • City Council Meetin*f December 07, 2004 Agenda Item Number (preliminary plat). Recommended conditions were approved by the Planning Commission, which are reflected in the attached staff report. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 04-1154, CLIFFSIDE LOCATED EAST OF HAPPY HOLLOW ROAD, SOUTH OF THE CLIFFS APARTMENTS, PLANNED UNIT DEVELOPMENT, CONTAINING APPROXIMATELY 26.114 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 FAYETTEVILLE, ARKANSAS: Section 1: That the zone classification hereby changed as follows: t� From RSF-4, Residential Single Family, four units shown in Exhibit "A" attached hereto and made a-D, CITY OF property is R-PZD 04-1154 as 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 November 8, 2004, Section 3�That.this ordinance shall take effect and be in full force at such time as all of eth requirements of the development plan have been met. 'Section 4. Thatthe official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. By: PASSED AND APPROVED this day of , 2004, SONDRA SMITH, City Clerk APPROVED: By: DAN.COODY, Mayor EXHIBIT "A" R-PZD 04-1154 A PART OF THE NE '/4 OF THE SW '/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 30.00 ACRES OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF THE NE'/4 OF THE SW %4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS. LESS AND EXCEPT: A PART OF THE NE '/4 OF THE SW '/4 OF SECTIO T-16-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARAFICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT S00°33'00" 753.00 FEET AND N89028'36"E, 43.14 FEET FROM THE NW CORNEROF S�A�D 40 ACRE TRACT, RUNNING THENCE N89028536"E, 551.49 FEET; T�N,GE S00°33� 0"W, 237.00 FEET; THENCE S89028536"W, 551.49 FEET; THENC 9I�00°33'00"E, 237� EET TO THE POINT OF BEGINNING, CONTAINING 3.00 ACRES, MORE OR LESS.. ALSO LESS AND EXCEPT: A PART OF THE NE '/4 OF THE SW 'I/ O SECTION 14, T-1 -N, R-30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE��PARTICULARLY DESCRIBED AS FOLLOWS: 20.00 FEET OF EQ3LP AND UNIFOq WIDTH OFF THE WEST SIDE OF THE NORTH 753.00 FEET O£ PH LLOWrNG DESCRIBED PROPERTY: 30.00 ACRES OF EQUAL AND UNIFO WIDTH OFF THEN ORTH SIDE OF THE NE '/4 OF THE SW %4 OF SECTION 14, T�16-NR-- 0-W,fr'iWASHINGTON COUNTY, ARKANSAS, CONTAININ` N5,060.00 SV�, RE FEET (0.346 ACRES) MORE OR LESS. ALSO LESS AN 4 EXCEPT: A PART OF THE NE.'/4 OF T€H SW '/4'OF SECTION 14, T-16-N, R-30-W, WASHING ©N COUNTY, ARKA SAS B ING MORE PARTICULARLY DESCRIBED ASFOLROWS: COMMENCINCaATTHENWCORNEROFSAIDNE'/40FTHESW'/4; THENCE S00033'00"W, 753.00 EE+T TO THE POINT OF BEGINNING; THENCE N89°28'�3 , 211.00 F�ET; THENCE N00°33'00"E, 111.11 FEET; THENCE S89°28'00"�, 211.00 FEETT THENCE S00033560"W, 111.11 FEET TO THE POINT OF BEGINNING, CONTAINING 0.54 ACRES, MORE OR LESS. aV� e ARKANSAS NS 7 AS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of November 08, 2004 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Brent O'Neal, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: November 03, 2004 R-PZD 04-1154: Planned Zoning District (CLIFFSIDE, 526): Submitted by PROJECT DESIGN CONSULTANTS, INC for property located at THE EAST SIDE OF HAPPY HOLLOW ROAD, SOUTH OF THE CLIFFS APARTMENTS. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 26.114 acres. The request is to approve a Residential Planned Zoning District on the subject property with approximately 48 two-family and 15 single-family lots proposed. Property Owner: SCB INVESTMENTS, LLC Planner: SUZANNE MORGAN Findings: 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 residential development consisting of I I I single-family residential dwelling units, of which 15 are single family detached and 48 are two-family attached townhouses. Existing Development: The site is currently vacant and zoned RSF-4. Floodway crosses the subject property from north to south. In addition, a 50' electric easement and 50' water easement overlap creating a 75' easement which runs east -west across the northern portion of the property. Proposed Development: R-PZD, Residential Planned Zoning District Lot Numbers Proposed Land Use Lots 1-3, 34-382 Single Family Residential 673 106-111 Use Unit 8 Lots 4-33, 39-66, Two-family Dwellings 68-105 Use Unit 9 (112-118) Common Tree Preservation Areas Maintained by POA Total proposed dwelling units on the 26.114-acre site is 111, therefore the proposed, density for the R-PZD is 4.25 DU/acre. The project site is currently zoned RSF-4, allowing for single dwelling units. The developer proposes an unconventional subdivision, with both single family detached dwellings and two-family attached townhouses. Lot sizes and setbacks are proposed to be slightly smaller than those allowed in typical zoning districts, thus the need for processing a Planned Zoning District. K. IReports120041PC Reporall1-08-041R-PZD 04-1154 (Cliside) - Amended far CC.doc 0 0 The vacant site is located in east Fayetteville south of Cliffs Apartments and north of Happy Hollow Elementary School. With the exception of Cliffs Apartments and the school, the surrounding property is currently developed for single family. Property to the east extending to Crossover Rd is developed for only one single family dwelling and may be further developed in the future. Surrounding Land UselZonin : Direction Land Use Zoning North Cliffs Apartments PUD RSF-4, Res. Single Family — 4 units/acre South Single family & Happy Hollow Elementary School P-1, Institutional East Single Family Residential RSF-4, Res. Single Family — 4 units/acre West Single Family Residential RSF-4, Res. Single Family — 4 units/acre Water & Sewer: Water and sewer is to be extended to serve the development. Access: Access is proposed to the east and south: North: None (existing tree preservation area) South: One (1) connection to be constructed extending to the existing Ray Avenue East: One (1) stub -out is proposed for future connection to the east West: One (1) connection to Happy Hollow Rd, a Collector No connectivity is proposed north to Cliffs Apartments due to a tree preservation easement adjacent to the length of the northern property line, and no stub -out from Cliffs Apartments was provided for connectivity. Happy Hollow Rd. is a newly constructed street west of the subject property. The developer of Cliffside is dedicating Happy Hollow Rd. 35' from centerline to Collector St. standards for the length of the property boundary. The northern portion of Happy Hollow Rd. right-of-way constructed with Cliffs Apartments is 40' from centerline, and greater than that required by the Master Street Plan. A transition between these two rights -of -way width will be made with the development of this project. Due to tree preservation to the north, undeveloped property to the east, and no access south to Ray Street, the only available on -site street connection from this proposed development is west to Happy Hollow Rd. Only one access for a development of I I I lots could create a dangerous traffic situation. Therefore, at the request of staff, the applicant has coordinated with the Fayetteville School District to the south for a dedication of 50' right-of-way west of the School property to create a street connection with the existing Ray Avenue. The developer proposes construction of a street from the subject property south to the existing drive with parallel parking spaces designated to the east of the street for public parking. Street Improvements Proposed: 14' from centerline with curb, gutter, and storm sewer with six- foot sidewalks constructed at the right-of-way line of Happy Hollow Rd. Construction of a standard local street section south of the subject property to connect to the existing street is also recommended, as coordinated with the Fayetteville School District. Staff recommends K: IReports110041PC Reponsll1-08-041R-PZD 04-1154 (Cliff fside) -Amended for CC.do improvements of existing Ray Avenue from 4`h St. north along the existing paved access to be coordinated with the Engineering Division. Interior streets are proposed to be 28 feet wide, with sidewalks located at the right-of-way on both sides of the street. Through streets are proposed to have a 50' right-of-way with cul-de-sac streets with a 40' right-of-way. Adjacent Master Street Plan Streets: Happy Hollow Rd., Collector. The AHTD's Capital Improvement Plan identifies future signalization at the intersection of Happy Hollow Rd. and Huntsville Road. Tree Preservation: Existing canopy: 88 % Preserved canopy: 38.7 % Required canopy: 25 % Mitigation: None Parks: The Parks and Recreation Board recommended money in lieu of land in the amount of $61,605 for I I I single family lots on July 12, 2004, along with pedestrian trail connections through the subject property both to the school and the Cliffs trail to the north. Pedestrian Access: The developer proposes a pedestrian trail along and within identified tree preservation areas. The Parks and Recreation Board recommended pedestrian connections be made from the Cliffside development to its southern neighbor, Happy Hollow Elementary School. Pedestrian connections should join existing trails located on the school property and a connection north to Cliffs Apartments as well. Public Comment: Public comment was received at the August 12, 2004 Subdivision Committee meeting at which the project was tabled to allow staff and the applicant additional time to address aspects of the proposed R-PZD (see attached minutes). Those comments from notified property owners with objections have been included in the staff report. The item was also heard at the Subdivision Committee meeting of October 15, at which it was forwarded with a recommendation for approval to the full Planning Commission. 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 04-1154, with the following conditions of approval: Conditions of Approval: Allowed uses in this R-PZD shall be restricted to Use Unit 1, City-wide uses by right, Use Unit 8, Single family dwellings and Use Unit 9, Two-family dwellings. 2. Planning Commission determination of residential lot access management. Staff recommends a combination ofshared driveways and reduced driveway widths for these lots due to their smaller width. For those lots not utilizing shared driveways, the maximum driveway width shall be 12 feet, constructed per city codes. For shared K:IReponsl2004lPC ReponsV 1-08-041R-PZD 04-1154 (Ciifside) -Amended for CC.dm driveways, a maximum 24 foot driveway may be constructed, with location to be coordinated with city staff. A note to this effect has been included on the plans. PLANNING COMMISSION DETERMINED IN FAVOR OF STAFFS RECOMMENDATION FOR A COMBINATION SHARED/REDUCED WIDTH DRIVEWAY PLAN. 3. Frontage Access notes on sheet 2 of 4 shall be revised to reflect current lot numbers. 4. Planning Commission determination of off -site street improvements. Staffrecommends construction of a 28' street, curb and gutter, and storm sewer south of the subject property to the existing paved Ray Avenue. Staff also recommends improvements to the existing paved portion of Ray Avenue north of 4t" Street to be coordinated with the Engineering Division to ensure a safe means of access. Happy Hollow Rd shall be improved a minimum of 14' from centerline, including pavement, curb and gutter, storm sewer, and six-foot sidewalk located at the right-of-way line. PLANNING COMMISSION DETERMINED IN FAVOR OF STAFF'S RECOMMENDATION OF OFF -SITE STREET IMPROVEMENTS. 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 04-1154 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. 8. The developer shall coordinate dedication of 50' right-of-way for Ray Avenue extending south of the subject property to the existing dedicated right-of-way prior to Final Plat approval. 9. Parks fees in the amount of $61,605 for I I I single family dwellings are due prior to Final Plat approval. 10. The proposed pedestrian trail shall be six -feet in width and connect to the existing trail north of the subject property. Approval/coordination of said connection shall be confirmed prior to the approval of construction plans. 11. The applicant shall provide pedestrian connections from the Cliffside development south to Happy Hollow Elementary School. Pedestrian connections shall join existing trails located on the school property. 12. The developer shall coordinate construction of the proposed trail along the riparian area with the Landscape Administrator to facilitate the best placement for tree preservation. 13. All tree preservation lots shown on the plans shall be filed and recorded by way of Final Plat, to ensure perpetual preservation. Language identifying said easements shall be KtReportsl20041PC Reportslll-08-041R-PZD 04-1154 (Cliffside)-Amendedfor CCAd clearly included in the covenants, and potential homeowners made aware of the protected areas within their neighborhood. 14. Include a note on the plat stating that the Tree Preservation/Common Area lots, maintained by the POA, are non -buildable lots. 15. Final Covenants at the time of Final Plat shall address ownership, maintenance and use of Tree Preservation/Common Areas. These lots are subject to the restrictions of standard Tree Preservation easements, per the City of Fayetteville Tree Preservation ordinance. 16. The applicant shall coordinate with the Landscape Administrator at the time of construction plan review to locate more precisely Tree Protection fencing. All areas not disturbed by the construction of necessary infrastructure, utilities or other grading shall be protected, under the purview of the Landscape Administrator. 17. The developer shall coordinate construction of the proposed trail along the riparian area with the Landscape Administrator, to facilitate the best placement, with regard to tree preservation. 18. Prior to City Council review, the applicant shall coordinate with the Landscape Administrator to revise the TP plans for clarification and correction of various numbers that are not consistent with one another. Standard Conditions of Approval: 19. 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) 20. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 21. Sidewalk construction shall be in accordance with current standards to include six foot sidewalks along Happy Hollow Rd, at the right-of-way line. 22. Street lights shall be installed or guaranteed every 300 feet along all public streets prior to final plat. 23. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. K: IReporrs120041PC ReponsV 4-08-041R-PZD 04-/ 154 (Cliffside) - Amended far CC.doc PLANNING COMMISSION ACTION: yes Required �c Approved Denied Date: November 08, 2004 % , o • o The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. 0 Title Date K. lReporrs120041PC ReponsV 1-08-041R.PW 04-1154 (Cliff fside)-Amendedfor CC.doc Findings associated with R-PZD 04-1154 Sec. 166.06. Planned Zonine 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 riparian area, 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 slightly higher than current underlying density, creates a compatible transition from higher density to the north to the single family homes to the south. This transition is also achieved with the proposed mixed housing types within the development; two-family homes to the north and single family homes on lots to the south. A trail proposed through the tree preservation/common areas will connect north to the existing trail within the Cliffs Apartments and south to Happy Hollow Elementary School. To provide adequate vehicular circulation, the developer has coordinated with the Fayetteville School District to obtain approval to construct an off -site portion of Ray Avenue to provide a second connection to the surrounding streets. In addition, parking spaces parallel to the proposed construction of Ray Avenue will be provided to allow for designated parking for school events. The proposed subdivision tree preservation and overall public amenities required of the developer, along with the variety of housing types 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 K:IReports1d0041PC Reportslll-08-041R-PZD 04-1154 (Cliffside) - Amendedfor CC.do 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. (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 streets within 50 feet and 40 feet rights -of -way, with no dead -ends. A north -south Collector Street is indicated adjacent to the west property line, within a minimum of 35 feet of right-of-way from centerline. A street connection is proposed off -site to connect the existing Ray Avenue with the proposed development. Additionally, a street stub -out is proposed to the east. Currently, connectivity provided allows for future residents to travel west to Crossover Rd. and south to Huntsville Rd. Sidewalks are required on all sides of public streets within the development. Due to their narrow width of the proposed two-family lots, 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 respective use areas. K: IReporis120041PC Reports;! 1-08-041R-PZD 04-1154 (CI ffside) - Amended for CCJd 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 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 the side of the Collector Street adjacent to the subject property. (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 on all streets, including Happy Hollow Road (Collector). (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. (iii)All grading and drainage within a Planned Zoning District including site drainage K.lReporis170041PC Reporislll-08-041R-PZD 04J154 (Cliffside) - Amended far CC.dx 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 One -Way Two -Way Units 1 - 20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended. K. IReports120041PC ReportsV 1-08-041R-PZD 04-1I54 (Ciffside) - Amended far CC.do (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 canopy along the riparian corridor and within other concentrated areas on the site, in perpetuity. See the Tree Preservation Report for more detailed findings. Staff recommends approval of the Tree Preservation Plan, with a total of 38.7% tree canopy preserved. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: N/A (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Staff finds no specific scenic views to be protected on the subject property. (E) Revocation. K. IReports12004WC Reports111-08-04W-PZD 04-1154 (Cliffside)-Amendedjor CC.do (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (C) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that _the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (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 K. tReportsl2004lPC Reportslll-08-041R-PZD 04-1154 (Cliffside) - Amended for CC.dw 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. Sec. 161.25 Planned Zonine District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses K: IReportsld0041PC Reportsll1-08-041R-PZD 04-1154 (Cli_Qside) - Amended for CC.doc (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 attached and detached single family housing types, lot arrangements (front loading, shared drive, intermittent tree preservation lots, mixing of single and two-family homes) and amenities for the community to enjoy. Open space is proposed with pedestrian trails, allowing residents to utilize the common open space and connect to other open space north (Cliffs Apartments) and south (Happy Hollow Elementary School). Many of the natural features of the site have been incorporated into the design, including the placement of the pedestrian trail along the riparian corridor and lot location and configuration. The proposed development also provides a residential development designed around not only natural features but also a 75' utility easement that bisects the northern portion of this property from. 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. 9.8f Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and K:IReports0004WC Reports111-08-041R-PZD 04-1154 (Cliffside) - Amended for CC.dw r] services. Environmental Resources: 9.16.a Identify areas of environmental concern and protect and preserve environmental resources. 9.16.E 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- 1154. 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: (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. KAReports120041PC ReportsV I-08-041R-PZO 04-1154 (Cl ffside) - Amended for CC.doc • r1 (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 two-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 unique 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 shopping,Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three family dwellings Unit 13 Eating places . ation, small sites Unit 26 Multi fiffnily dwellings FINDING: The proposed single-family and two-family units are permitted uses within a Residential Planned Zoning District. All other ancillary uses (tree preservation/open areas, 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 RSF-4, Residential Single Family — 4 units per acre, to R-PZD 04-1154, with the adoption of the K. IReporis120041PC Reporlslll-08-041R-PZD 04-1154 (Cliffside) - Amended for CC.da 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 04-1154, 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 RSF-4 property to the proposed R- PZD development with single and two-family residential use at a density of 4.25 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 unique forms of development. 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 traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger or congestion surrounding streets. Approximately 707 average two-way vehicle trips per day from this development would be created; a Collector Street, the primary means of access to the site currently, can accommodate 6,000 vehicles per day at full build -out. AHTD currently has plans to signalize the intersection of Happy Hollow Rd (Collector) and Huntsville Rd/Hwy 16 (Principal Arterial) in the near future. 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, 245 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. KARepor[ss120041PC Repor1s11 /-08-041R-PZD 04-1154 (Cliffside) - Amended for CC.do Fire - Water supply with fire hydrants is needed to serve development on this site. Fire station #5, approximately 1.45 miles away, will serve this site once it is constructed. Fire response time to the site is approximately 4-5 minutes, with an anticipated 15 calls for service at maximum build -out, based on the Service Delivery Impact included as a part of the staff report. 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. 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. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K: IReporis110041PC Reporislll-08-041 R-PZD 04-1134 (Cliffside) - Amended for CC.do 49 �aye evi le ARKANSAS . THE CITY OF FAYE"1'TEVILLE. ARKANSAS SC Meeting of October 15, 2004 TREE PRESERVATION and PROTECTION REPORT To: • Fayetteville Subdivision Committee From: Jeremy Pate, Landscape Administrator Date: October 14, 2004 ITEM #: R-PZD 04-1154 (Cliffside PZD) Requirements Submitted: ✓ Initial Review with the Landscape Administrator ✓ Site Analysis Map Submitted ✓ Site Analysis Written Report Submitted ✓ Com lete Tree Preservation Plan Submitted Canopy Measurements: Ttotal Site Area acres 25.9 square feet 19127,078 E_x"s[in ee acres 22.8 square feet 9945007 percent of site area 88% Exisins ree C•ano ; P,r_esetve acres 6.57 square feet 286,064 percent of total site area 25.4% We_rcent Minimum Cago, .. Re_ aired 25% 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 is dominated by tree canopy, with approximately 88% coverage. Additionally, the site being developed is located on a hillside, and includes a riparian corridor, all of which create ideal situation for preservation of trees. The dominant tree species on -site consist of Oaks, interspersed with Elm, Sycamore and other less predominant species along the riparian corridor. Whether the design incorporates the required Tree Preservation Priorities. The design of the subdivision does incorporate the required Tree Preservation Priorities. The applicant has worked wiur sta to balance the development of the subjproperty with maximum tree preservation, as identified within the Planned Zoning District ordinance. Large pockets of preservation have been achieved, as well as a desirable corridor along the riparian area, through which a trail is to be constructed, thereby increasing the visibility and value of the preservation area to the general public. 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 the riparian habitat; staff has recommended the preservation of trees along the natural drainageway consistently. 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. Removal of canopy on this property will have impact on adjacent properties, due to high canopy percentage currently in place. Happy Hollow Elementary School is located to the south, and a tree preservation area for the Cliffs Apartment development to the north. Many of the tree protection areas proposed fall along the property boundaries, in an effort to reduce the impact on adjacent property owners. 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. Additionally, the existing development surrounding the property have an effect on the design. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. The general health of 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 distinct lots, set aside for ownership by the POA, as Tree Preservation Areas, subject to those ordinance requirements. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, 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. Additionally, the developer is utilizing the proposed trail corridor along the drainageway to also install essential utilities, thereby reducing the amount of canopy removed. Whether roads and utilities are designed in relation to the existing io• aphy, 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 of proposed On -Site Mitigation or Off -Site Alternatives. No mitigation is required. The effect other chapters of the UDC, and departmental regulations have on the development design. N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: N/A The impact a substantial modification or rejection of the application would have on the Applicant: Staff is recommending approval of the submitted Tree Preservation Plan. Recommendation: Staff recommends approval of the submitted Tree Preservation Plan, with the following conditions: I . The applicant shall work with the Landscape Administrator at the time of construction plan review to locate more precisely Tree Protection fencing. All areas not disturbed by the construction of necessary infrastructure, utilities or other grading shall be protected, under the purview of the Landscape Administrator. Include a note to this effect on the plan. 2. Include the standard specification drawings and Tree Preservation and Protection notes on the Tree Preservation Plan. 3. The applicant shall coordinate the lot layout to incorporate appropriate lots for specific Tree Preservation areas. Covenants shall address ownership and maintenance of said areas. 4. Root Pruning will need to occur on the subject property, with the coordination of the Landscape Administrator. Include a note to this effect on the plat. 5. The developer shall coordinate construction of the proposed trail along the riparian area with the Landscape Administrator, to facilitate the best placement, with regard to tree preservation. N 0 0� m A A 3 (n (n (O A W C7 CD m N C O O n 7 (D <_ m N 0 m v x D x m m T v O N D y OI � m O p O y o fn N U) u TmT v cn m w A 0 0 T 3 3 3 cm m N y T 3 N O 7 N A m O w wo 3 a mmm ;u > ? 5 = O m < CD w N A m 3 T ti N T F w in = x a a 3 v m`m C 3 3 3 3 m O m m m c03°:mo�ntcii co m m n T N c m Z m p CO x _ N N N nO c m m n A m 3 y n 2! c x x w rn rn o 3 m m p m 3 0 3 v O (p co v 3 m FAY AUG L NEVILLERIVED 20 3 4 PLANNING DIV. THE CITY OF FAYETTEVILLE, ARKANSAS August 9, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed R-PZD 04-1154: Planned Zoning District (Cliffside R-PZD, 526): Submitted by PROJECT DESIGN CONSULTANTS, INC for property located a THE EAST SIDE OF HAPPY HOLLOW ROAD, SOUTH OF THE CLIFFS APARTMENTS, would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this Planned Zoning District will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sindy, ; :Lieutenant William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT P.O. BOX 19M FAYETTEVILLE, ARKANSAS 72702-1988 (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 JAIL: 140-A WEST ROCK STREET 72701 PHONE: 501.587-3555 FAX: 501-587-3522 L PARKS AND RECREATION THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-444-3469 TO: Suzanne Morgan, Associate Planner FROM: Alison Jumper, Park Planner DATE: October 13, 2004 SUBJECT: Parks & Recreation Subdivision Committee Comments ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Meeting Date: October 15, 2004 Item: PZD 04-1154 Cliffside, 526 Park District: SE Zoned: RSF-4 Billing Name & Address: SCB Investments, LLC Land Dedication Requirement Single Family @ .024 acre per unit = acres Multi Family @ .017 acre per unit = acres Mobile Home @ .024 acre per unit = acres Lot Split COMMENTS: Money in Lieu 111 @ $555 per unit = $ 61,605 @ $393 per unit = $ @ $555 per unit = $ @ $555 per unit = $ PRAB recommended money in lieu of land on July 12, 2004. PRAB also recommended pedestrian connections be made from the Cliffside development to its southern neighbor, Happy Hollow Elementary School. Pedestrian connections should join existing trails located on the school property. PZD 04-1154 PROJECT DESIGN CONSULTANTS, INC. July 15, 2004 City of Fayetteville Planning Department 125 West Mountain Fayetteville, AR 72701 Attn: Mr. Jeremy Pate RE: Cliffside PZD Dear Mr, Pate: Please recall our previous discussions on this project. It is a 26.3 +/- acre property just south of The Cliffs apartments. The property is heavily wooded and we are proposing to develop a PZD with mixed duplex and single family housing. Our intention is to have the duplexes on the north border as a typical transition from the multifamily apartment complex and the single family homes on the south as a typical transition between the multifamily/duplex on the north to the single family homes and school property to the south. We are proposing approximately 46 duplexes and 20 single family homes. There will be large corridors of tree preservation and a trail along the drainage areas. The intent is to have a small neighborhood/natural look. If you have any questions, please call me at my office: 479-248-1161 or my cell phone: 479-366-0136. Sincerely, N. Arthur Scott, PE President JUL 15 2004 08-27-'04 09:38 FROM-Geomatt Consultants 4792481462 • T-243 P01/01 U-459 PROJECT DESIGN CONSULTANTS, INC. August 26, 2004 City of Fayetteville Planning Department 125 West Mountain Fayetteville, AR 72701 Attn: Ms, Suzanne Morgan RE: Cliffside Subdivision Dear Ms. Morgan: Regarding the Duplex Lots for this project we would like to change their designation to attached Single Family Homes with each side being a sellable home and lot. We had originally planned to have them as duplexes but through conversations with city staff and the owners we have decided to market these lots as individual homes. We will designate the lots as A and B, Le. Lot 34A and 34B and submit them as such for the Planning Commission submittal. Sincerely, N. Arth Scott, PE President I IVV LJ LVVY ALV VI'll 111 rnn nv. 0 . ,rc -vz Fa3itucville Public schools CELEBRATING 'rHF PAST WHILE EMBRACING YHE FUTURE W W W. FAYAR. NET TO: Seth Kaffka, The Barber Group FROM: Michael Gray, Associate Superintendent. RE: intent to Purchase Property DATE: August 25, 20N Dear Mr. Kaftka, I am in receipt of your letter or August 23, 2004 indicating your fi m's intention to offer $20,000 for property on the northwest comer of the Happy Hollow Elementary School site. This property would allow the extension of Ray Avenue into your development, which is proposed to be north of the Happy ]Hollow property. I will present your letter of intent to the Fayetteville Board of Education at it's regular monthly meeting August 26, at 5:00 pm. i expect the Board will delay action on this proposal to allow input from Happy Hollow School staff and parents. We would hope for Board action on this proposal at the regular Board meeting, September 23, 2004. Mi hael Cr y�� 1000 WEST STONE STREET PO F!Iox 549 FAYETTEVILLE, ARKANSAS 72702 (501) 444-3000 W Q_ va t\� ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING RECEIVED Today's Date: October 1, 2004 OCT 1 2 2004 APPLICANT/REPRESENTATIVECONTACT INFO: PLANNING DIV• SCB, LLC Brandon Barber, C/O Project Design Consultants Contact: Art Scott 130 N. Main St, Cave Springs, AR 72718; Phone: 479-248-1161 Committee Meeting: Planning Commission Meeting Friday, Wt beral5;L2004 8:30am Fayetteville Administration Building 113 W. Mountain Street, Room 219 Monday, OftK0ry 54„2004 5:30pm Fayetteville Administration Building 113 W. Mountain Street, Room 219 PROJECT DESCRIPTION; PZD 04-1154: Planned Zoning District WWWA G; owas submitted by Project Design Consultants, Inc. for property located at the East side of Happy Hollow Road, South of the Cliffs Apartments. The property is zoned RSF-4, Single Family — 4 Units/Acres and contains approximately 26.30 acres. The request is to approve a Residential Planned Zoning District on the subject property with approximately 46 two family and 20 single - family lots proposed. Property Owner: SCB Investments, LLC; Planner: Suzanne Morgan, Associate Planner Adjoining Property Address and Parcel Number(s): See Attached ADJOINING PROPERTY OWNERS COMMENTS (Return Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described project. I do not object to the project described above. �I do object to the project described a ove becausP� e�caa At 44+.11 bwr et<pfoN.r �jtt4uct 1C�npj Stri�� v��1i �e t11U�� Name of Property Owner (Printed) Signature of Propertwner Slnt.1�. �cj �9 1 rv.Jt`e�. ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING Today's Date: 08/03/2004 APPLICANT/REPRESENTATIVE CONTACT INFO: SCB, LLC Brandon Barber, C/O Project Design Consultants Contact: Art Scott 130 N. Main St, Cave Springs, AR 72718; Phone: 479-248-1161 Committee Meeting: Planning Commission Meeting PROJECT DESCRIPTION; Thursday, August 13, 2004 8:30am Fayetteville Administration Building 113 W. Mountain Street, Room 219 Monday, ugust 23, 2004 5:30pm Fayetteville Administration Building 113 W. Mountain Street, Room 219 PZD 04-1154: Planned Zoning District (I>ytR-PZD, 526) was submitted by Project Design Consultants, Inc. for property located at the East side of Happy Hollow Road, South of the Cliffs Apartments. The property is zoned RSF-4, Single Family — 4 Units/Acres and contains approximately 26.30 acres. The request is to approve a Residential Planned Zoning District on the subject property with approximately 46 two family and 20 single family lots proposed. Property Owner: SCB Investments, LLC Planner: Suzanne Morgan, Associate Planner Adjoining Property Address and Parcel Number(s): See Attached ADJOINING PROPERTY OWNERS COMMENTS (Return Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described proj(REC E I V E _I do not object to the project described above. fi l do object to the project described above because: AUG i 0 2004 64 Lk Name of Property Owner (Printed) M,Se✓ie X4,VWle& D,Jyln&V i 11o1e MOSA4 �Th)lwi° PLANNING DIV. • 10/20/04 WED 04:12 FAX 479 251 0301 DALLAS REAL ESTATE 0002/029 DECLARATION OF COVENANTS AND RESTRICTIONS CLIFFSIDE SUBDIVISION This Declaration of Covenants and Restrictions is made this day of 2003, by (Developer or the Declarant). WITNESSETH; WHEREAS, Developer is the owner of the real property described on Exhibit A attached to this Declaration, shown and described on the plat, hereinafter mentioned as Lots 1-118, Cliffside Subdivision, Fayetteville, Washington County, Arkansas (hereinafter the Property or Cliffside) and desires to create a residential subdivision community with open spaces, landscaped entrances and other Common Use Areas for the benefit of the community, which shall be known as Cliffside Subdivsion. WHEREAS, Developer desires to provide for the preservation of the values and amenities in Cliffside and for the maintenance of the open spaces, landscaped entrances and other Common Use Areas; and to this end, desires to subject the Property to these covenants, restrictions, easements, charges and liens, each of which is for the benefit of the Property, each owner of any Lot in Cliffside, and the Cliffside Property Owners Association, Inc.; and WHEREAS, Developer has deemed it desirable, for the efficient preservation orthe values and amenities in Cliffside, to create an association which shall be assigned the powers of maintaining, administering and enforcing these covenants and restrictions and doing all otherthings necessary to preserve the values and amenities of this community; and WHEREAS, Developer has caused to be incorporated under the laws of the State of Arkansas, as a nonprofit corporation, Cliffside Property Owners Association, Inc., ror tire purpose of exercising these functions; and WHEREAS, the Property is subjected to the covenants and restrictions to insure proper use and appropriate development and improvement of the Property and every part thereof, to guard against the erection thereon of buildings, structures or improvements built of improper or unsuitable materials; to insure adequate and reasonable development of the Property and the use and enjoyment of properi' ownership therein; to encourage the erection of attractive improvements thereon, with aiSpropriate locations thereof, to prevent haphazard and inharmonious improvement; to secure and maintain proper setbacks from streets, and adequate free spaces between structures; and in general to provide adequately for a type and quality of improvement in Cliffside consistent with the covenants 10/20/04 WED 04:12 FAX 479 2510 01 DALLAS REAL ESTATE • 121 003/02J and restrictions; and to insure desired standards of maintenance and operation of-the$ommon Use Areas for the benefit of all owners of Lots in ClifTside. It is the intention and purpose of these covenants and restrictions to assure that all dwellings in Cliffside shall be of a quality of design, workmanship, and materials approved by the Architectural Control Committee. It is understood and agreed that the purpose of architectural control is to secure an attractive harmonious residential development having continuing appeal, and in an effort to assure the same, the quality of architectural design will be considered. WHEREAS, the Property shown on the plat hereinafter mentioned, has been subdivided into building lots, tracts and streets as shown on the plat filed herewith, and it is deemed advisable that said Property be held, owned and conveyed subject to the protective covenants, restrictions, easements and charges herein contained, in order to enhance the value of Cliffside. NOW THEREFORE, Declarant, for and in consideration of the benefits to accrue to it, its successors and assigns, which benefits it acknowledges to be of value, has caused to be trade a plat, showing a survey made by Registered Land Surveyor dated and showing the boundaries and dimensions o I'the Property that has since been subdivided into lots, tracts and streets (the Plat). There are shown on said Plat certain easements for drainage, access, landscape and construction which Declarant hereby reserves to and for the use of Declarant, its successors and assigns, and/or the Association which are more specifically defined in Article V hereof. There are shown on said Plat certain easements for utilities which Declarant hereby grants to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress there from for the installation, maintenance, repair and replacement of such utility services. The areas designated on the Plat as Common Use Areas are hereby donated and dedicated by Declarant and an easement is hereby granted to the Owners of all lots within Cliffside with the right to use these areas for pedestrian and aesthetic purposes and the Cliffside Property Owners Association, Inc, shall maintain such areas and improvements at its sole cost. Additionally, Declarant hereby grants to the public utilities the right to use this area only for utility easements provided such improvements are maintained by said public utilities. No improvements shall be placed on the areas designated as Common Use Areas, other than improvements for those designated purposes, unless first approved by governmental agencies, if required Cliffside Property Owners Association, Inc. and the Architectural Control Committee established pursuant to these Covenants and Restrictions and By -Laws of Cliffside Property Owners Association, Inc. (the Architectural Control committee). r The filing of this Declaration of Covenants and Restrictions for record in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County shall be a valid and complete grant, delivery and dedication of the easements subject to the limitations herein set out. CAD0rU%1WrJ AND SC7TINr.S�,Sri'H fWF \DMIMP\Q1IT MH\cfSPPiTOT--OVENA MIX)c 10/20/04 SPED 04:13 FAX 479 251001 DALLAS REAL ESTATE • 0004/023 The lands embraced in the Plat shall be forever known as Lots]-] 18, Cliffside Subdivision, Washington County, Arkansas; and any and every deed of conveyance of any lot in Cliffside describing the same by the number shown on said Plat shall always be deemed a sufficient description thereof. NOW, THF,REFORE, the Developer declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, casements and charges and liens (sometimes referred to as Covenants and Restrictions) herein set forth: ARTICLE I ASSOCIATION. The Cliffside Subdivision Phase 1., described in Article XIII hereof. ARCHITECTURAL CONTROL COMMITTEE. The committee so designated and described in Article IV hereof. BOARD. Board shall inean the Board of Directors of the Association. BUILDING. Any structure having a roof, supported by columns or by walls or other means, or other structure intended or used for the shelter, housing, or enclosure of any person, animal, or chattel. BUILDING ACCESSORY. A subordinate building or portion of a principal Building, the use of which is incidental to that of the principal Building on a Lot. BUILDING HEIGHT. The vertical distance measured from the established ground level to the highest point of the underside of the ceiling beams, in the case of a flat roof, to the deck line of a mansard roof, to the mean level of the underside of rafters between the eaves and the ridge of a gable, hop, or gambrel roof, or to the mean level of any other vertical parts of any other structure. Chimneys and ordinary and customary ornamental architectural projections shall not be included in calculating Building Height. COMMON USE AREAS. The pedestrian paths and other real property within Cliffside reserved by Declarant for the common use of all residents and owners of Lots in Cliffside, and the fixtures thereon and appurtenances thereof. Tire Common Use Areas include those areas identified on the Plat as Common Use Areas. Any Improvements made on the Common Use Areas shall be owned by the Declarant but maintained by the Cliffside Property Owners Association. r• " DECLARANT OR DEVELOPER. SCB Investments, LLC., its successors and assigns. DWELLING. A residential building which, as originally constructed, is integrated and designed for use exclusively as living quarters for one family. O\DOCUM MAND serrtxrs\.5rrn � F� \Dr hip\N SME\cuppsmF§ovExnxrsmc 10/20/04 WED 04:19 FAX 479 251 0001 DALLAS REAL ESTATE Q 005/029 FAMILY. One or more persons each related to the other by blood, marriage, or legal adoption, together with his or their domestic servants, maintaining a common household in a. Dwelling. MEMBER. Member shall mean and refer to any owner who by virtue of holding fee simple title to any Lot is a member of the Association. If any owner holds title to more than one (1) Lot he/it shall fie entitled to' an additional membership for each additional Lot he/it owns. OWNER. Owner shall mean and refer to the record owner, whether one (1) or more persons or entities, of title to any Lot which is part of Cliffside, but excluding those having such interest merely as security for the performance of any obligation. STORY. That portion of the interior of a Building included between the surface of the ground or any floor and the surface of existing or extended plane of the floor next above; or if there is no floor above, the space between the floor and the surface of existing or extended plane of the ceiling next above. STORY, A space under a sloping roof which has the line of intersection of roof decking and exterior wall not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is improved for principal or accessory use. STRUCTURE. Any stationary object erected, constructed or placed on the Property or attached to something having a permanent location on or in the ground. A sign or other advertising device, detached or projecting, shall be construed to be a separate Structure. Structures shall include but shall not be limited to sheds, towers, antennas and satellite disks. LOT OR HOMFSITE. A Lot in Cliffside, which may be purchased by any person or owned by the Developer as reflected on the Plat. The words Lot or Homesite as used herein shall be synonymous and may be used interchangeably. LOT AREA. The area of a horizontal plane, bounded by the vertical planes through Front, Side, and Rear Lot lines. LOT LINE, FRONT. That boundary line of a Lot which is nearest to a private roadway (access easement). In some instances a Lot may have more than one (1) Front Lot Line. LOT LINE. REAR. That linear boundary of a Lot which is most distant from the Front Lot line. The minimum Rear setback will be twenty (20) feet in length which is required by the City of Fayetteville. " LOT LINE, SIDE. Any boundary of a Lot which is not a Front or Rear Lot Linc M LOT WIDTH. The length of a line perpendicular to a Side Lot Line and lying entirely within a Lot, which either commences at the intersection of a Front Lot Line and a Side Lot Line, or if the c:UxxvnrWs.rru sertxrs\serrr RncrKn\uwurruMcT.[Prsmc�eurrsmr4crrvnw "Dw 10/20/04 WED 04:14 FAX 479 2511901 DALLAS REAL ESTATE . 2 000/020 Front or Rear Lot Line is curved or irregular, which is the longest segment perpendicular to a line joining the mid -points (determined by measuring the length of the outermost edge ofthe Lot Line) of a Front Lot Line and a Rear Lot Line and lying wholly within the Lot, with one or more points coinciding with the Front Lot Line. LOT DEPTH. The length of a line joining the mid -points of a Front Lot Line and a Rear Lot Line (determined by measuring the length of the outermost edge of the Lot Line). ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 1. EXISTING PROPERTY. The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the County of Washington, State of Arkansas. and is more particularly described on Exhibit A. and shown on the Plat, described as Lots 1-118, Cliffside Subdivision, Washington County, Arkansas, all of which property shall be referred to as the Property or Cliffside. 2. ADDITIONS TO EXISTING PROPERTY. A. Additional lands of the Developer may become subject to these Covenants and Restrictions in the following manner: The Developer shall be obligated to bring within the plan of this Declaration additional properties, regardless of whether or not said properties are presently owned by the Developer, in future stages of the development, and such additions shall be in accord with the general plan of development (the General Plan) which has been prepared prior to the date of these Covenants and Restrictions and prior to the sale of any Lot and is maintained in the office of the Declarant, and provided such proposed additions, if made, will become subject to assessments of the Association for their share of expenses. Nor shall Developer be precluded from conveying lands in the General Plan not subject to these Covenants and Restrictions or any supplement free and clear of these Covenants and Restrictions or any supplement. B. The additions authorized shall be made by Declarant filing of record a Supplemental Declaration of Covenants and Restrictions with respect to the additional property which shall extend the covenants and restrictions of this Declaration to the additional property, and the Owners, including the Developer of Lots in those additions shall immediately be entitled to all rights and privileges provided in this Declaration. C. The Supplement Declaration may contain those complimentary additions and modifications of the Covenants and Restrictions contained in this Declaration necessaryto reflect the different character, if any, of the added properties as are not inconsistent with this Declaration. In no event, however, shall such supplement revoke, modify and add to the covenants established by this Ieclaration within the Property. „e, 3. ADDITIONS LIMITED TO DEVELOPER. No one other than the Developer shall have the right to subject additional lands to this Declaration of Covenants and Restrictions, unless �1�CUHCNrs.v+n scrruss�svrH.�rruw\nr�A-ivo�ct,mrsme�cuvrsm�wNnxrs.nx 10/20/04 WED 04:14 FAX 479 2510 01 DALLAS REAL ESTATE • 0007/023 the Developer shall indicate and consent in writing to the Association that such additional lands may be included. ARTICLE III GENERAL RESTRICTIONS 1. LAND USE. Except for those portions of Cliffside referred to herein as streets and Common Use Areas, each Lot shall be used as a residential site for one Dwelling only, and a private garage containing no fewer than two (2) parking spaces for the sole use of the Owners or occupants of the Dwelling. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 1, DESIGNATION OF COMMITTEE. The Association shall have an Architectural Control Committee, consisting of at least three (3) and not more than five (5) members who shall be natural persons. Until ninety percent (90%) of all Lots now subject to these covenants and restrictions, plus Lots added pursuant to Article II hereof, are sold and have Dwellings constructed thereon, the members of the Architectural Control Committee, and all vacancies, shall be appointed by SCB Investments, LLC, an Arkansas limited liability company. When ninety percent (90%) of all Lots described in this paragraph are sold and have Dwellings constructed thereon, the members of the Architectural Control Committee, and all vacancies, shall be appointed by the Board of Directors of the Association. 2. FUNCTION OF ARCHITECTURAL CONTROL COMMITTEE. No Dwelling, Building, Structure or other Improvement shall be constructed or maintained upon any Lot and no alteration or repainting to the exterior of a Dwelling, Building, Improvement or Structure shall be made and no landscaping performed unless complete plans, specifications, and site plans showing the exterior design, height, building material and color scheme, the location of the structure plotted horizontally and vertically, the location and size of driveways, the general plan of landscaping, fencing walls and windbreaks, sewage systems and the grading plan shall have been submitted in writing to and approved in writing by the Architectural Control Committee prior to the commencement of construction. A copy of the plans, specifications, and Lot plans as finally approved shall be deposited with the Architectural Control Committee. The Architectural Control Committee shall have the power to employ professional consultants to assist it in discharging its duties. The decisions of the Architectural Control Committee shall be final, conclusive and binding upon the applicant. 3. CONTENT OF PLANS AND SPECIFICATIONS. The plans and specifications to be submitted'and approved shall include the following: G:1D0CI1NI'NIS ANU YGTIiNCS\YIi Wfp..A\VGKIVI`\MIPMMC\=,,gDVQW.NANf.$.000 10/20/04 WED 04:15 FAX 479 2510301 DALLAS REAL ESTATE • 1a008/023 Residential landscaping must be fully installed within ten (10) days of the occupancy of the residence. The residential landscaping must provide for a minimum of two (2) new trees, at least two (2") to three (3") inches in diameter shrubs [and solid sod where a lawn is installed]. 4. DEFINITION OF IMPROVEMENT. Improvement shall mean and include all residences;- buildings Arid roofed structures, parking areas, fences, walls, hedges, mass plantings, poles, towers, antennas, driveways, swimming pools, signs, changes in any exterior color or shape, glazing or reglazing of exterior windows with mirrored or reflective glass, and any other new exterior construction or exterior improvement which materially alters the appearance of any Lot and which may not be included in any of the foregoing. The definition does not include garden shrub or tree replacements or any other replacement or repair of any magnitude which does not materially change exterior colors or exterior appearances. 5. BUILDING HEIGHT. No Dwelling shall be erected, altered, or placed on a Lot which shall contain more than two (2) stories. Also, the minimum height of each roof must beat least a 6-12 pitch. Also, each home must have at least three sides of home in brick. 6. DWELLING COST, QUALITY AND SIZE. All Buildings, Dwellings, Structures and Improvements erected upon a Lot shall be constructed in accordance with the applicable governmental building and zoning codes and with such additional standards that may be required by the Covenants and Restrictions and the Architectural Control Committee; and no Dwelling shall be constructed or permitted to remain on any Lot in Cliffside unless the finished heated living area, exclusive of porches, patios, garages, breezeways, exterior stairways, storage areas and outbuildings, shall equal to or exceed that shown in the following schedule: A. Townhome - not less than 1,300 ft per side B. Single Family Homes- not less than 1,400 ft 7. LOCATION ON LOT. No Dwelling, Building, Structure or Improvement shall be located on a Lot nearer to the Front Lot Line, Side Lot Line or Rear Lot Line established for each Lot by the Architectural Control Committee. Swimming pools shall be screened from the street or streets by a wall. solid fence, evergreen hedge or other visual barrier as approved in writing by the Architectural Control Committee. No swimming pool shall be located on a Lot nearer to the Front Lot Line, or a Side Lot Line adjoining a street, than the minimum setback established for each Lot by the Architectural Control Committee. Subject to changes being made by the Architectural Control Committee for an individual Lot, the following setback lines shall be deemed applicable: M`mimum Front Setback twenty (20) T feet from the Qk*MMMA"Sr,1-JjW,4\SMjI(MPRn\nP.slCinv\CUNHsiDE\M+PSNb�mVCNnNis.nOC 10/20/04 WED 04:15 FAX 479 2501 0001 DALLAS REAL ESTATE • (2)009/023 center - - line of a street as shown on the Plat; and Minimum Side Setback eight (8) feet; zero between designated town home lots Minimum Rear Setback twenty (20) feet; provided that the Architectural Control Committee may authorize variations in its discretion. Where two (2) or more Lots are acquired as a single building site, the side building lines shall refer only to those bordering the adjoining property Owner. 8. COMMERCIAL STRUCTURES. No Building, Structure or Improvement of any type may ever be placed, erected or used for business, professional, trade or commercial purposes on any portion of any Lot. This prohibition shall not apply to any business or Structure that may he placed on any Lot or portion of a Lot that is used exclusively by a public utility company in connection with the furnishing of public utility services to Cliffsidc. 9. OUTBiJILDINGS PROHIBITED. No outbuildings or other detached structure appurtenant to the residence may be erected on any of the Lots hereby restricted without the consent in writing of the Architectural Control Committee. 10. NOXIOUS ACTIVITY. No noxious or offensive trade or activity shall be carried on upon any Lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes Or other refuse be thrown, placed or dumped upon any vacant Lot, street, road or Common Use Area, nor on any Lot unless placed in a container suitable for garbage pickup; nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood. 11. OIL AND MINERAL OPERATIONS, No oil drilling, oil development operating, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 12. CONSTRUCTION DRIVEWAY. No Dwelling, Structure, Building, Improvement, grading 0 clearing shall be commenced on any Lot until a gravel driveway, four (4) inch9s in depth, of least twenty-five (25) feet long has been constructed and thereafter maintained to prevent mud from being brought onto the streets. C`U�UNFIIINIS nND &Ri�'�N(;.Y\.'t£fF{ RAIR'Rn\nrsr. rov\�nvFb�ue\CuxlsIDlb[.•Uv�+nvIs.00c 10/20/04 WED 04:16 FA% 479 25W01 DALLAS REAL ESTATE • 0 010/02J 13. LXISTING STRUCTURE. No existing, erected building or structured -any sort may be moved onto or placed on any of the Tots. 14. TEMPORARY STRUCTURE. No trailer, basement, tent, shack, garage, barn or other outbuilding other than a permanent guest house and servants quarters erected on a Lot covered by these covenants and restrictions shall at any time be used for human habitation, temporarily or permanently, nor shall"any structure of a temporary character be used for human habitation.15. THE BASIS OF APPROVAL. Approval of plans and specifications shall be based on, among other things, adequacy of site dimensions, structural design, conformity and harmony of external design and of location with neighboring structures and sites, relation of finished grades and elevations to neighboring sites, and conformity to both the specific and general intent of the protective covenants. The Architectural Control Committee shall establish certain architectural guidelines, which shall be approved by the Board of Directors (the Architectural Guidelines), and all plans and specifications must comply with Architectural Guidelines then in force and effect. However, the Architectural Control Committee may approve exceptions to the Architectural. Guidelines by a three -fourths (3/4th) vote. The current Architectural Guidelines shall be"available at the office of the Association or the office of the Declarant. 16. MAJORITY VOTL. A majority vote of the Architectural Control Committee is required for approval or disapproval of proposed improvements. 17. FAILURE OF COMMITTEE TO ACT. If the Architectural Control Committee fails to approve, disapprove, or reject as inadequate proposed plans and specifications within sixty (60) days after proper written submittal, they shall be deemed approved. If plans and specifications are not sufficiently complete or are otherwise inadequate, the Architectural Control Committee may reject them entirely, partially or conditionally approve. 18. LIMITATION OF LIABILITY. Neither the Declarant, the Association, the Architectural Control Committee nor any of its members shall be liable, in damages or otherwise, to anyone submitting plans and specifications for approval or to any Owner of land affected by this Declaration by reason of mistake of judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any plans and specifications. 19, REASONABLE FEE, The Architectural Control Committee may charge any Owner a reasonable fee for its services in reviewing that Owner's proposed plans and specifications_ 20. LOT AREA AND WIDTH. None of the Homesites shall at any time be subdivided into two (2) or more ownerships or Lots unless dictated by surveyed portions of lots located in the 100 year flood plain designated by FEMA. 21. DRIVEWAYS. Access driveways and other paved areas for vehicular use on a Lot shall have a base of compacted gravel, crushed stone or other approved base material and shall be surfaced with concrete. Plans and specifications for driveways, culverts, pavement edging or C`%DOCUMVMqVS=C.9\Sn"KAt'£F;A\DPS¢TDP\CI.IPF$iIIC\l'LDl^JIDgmvmAA'I. WC 10/20/04 WED 04:16 FAX 479 251 0301 DALLAS REAL ESTATE 1@011/023 markers shall be as approved in writing by the Architectural Control Committee; and -comply with city regulations. Driveways may access the adjacent street at one location only, unless otherwise approved by the Architectural Control Committee. 22. Mailboxes. All mailboxes shall be constructed entirely of wrought iron (National Home Centers Durable Barcelona in Black) and must be approved by the ACC as to design and location, solely at -the Owner's expense. Additionally, all mailboxes must be ofatype approved by the United States Postal Service, and shall be kept in a good state of repair at all times. ARTICLE V EASEMENTS 1. EASEMENTS. Declarant hereby declares, grants and reserves the following easements in Cliffside for the benefit of each and all of the Lots, parcels, tracts and lands located in Cliffside, as well as for those entities hereinafter named, A. Declarant hereby grants the easements described on the Plat hereto as utility easements to and for the use of public utilities, the same being without limiting the generality of the foregoing, electric power, gas, telephone, water and cable television with the right thereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress there from for the installation, maintenance, repair and replacement of such utility services. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such utility easement. In the event any trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be grown, built or maintained within the area of such easement, no person, firm or corporation engaged in supplying public utility services shall be liable for the destruction of same in the installation, maintenance, repair or replacement of any utility service located withinthe area of such easement. B. Declarant hereby grants perpetual easements described on the Plat as Access, Landscape and Drainage Easements to the Cliffside Property Owners Association, Inc. to construct, maintain, install and replace landscaping, streets, fences, drainage facilities, and related improvements upon the property upon which the easement is granted. No trees, shrubbery, incinerators, structures, buildings, fences or similar improvements shall be built or maintained by the Owner of any Lot within the area of such easements without prior written consent of the Cliffside Property Owners Association, Inc. TTc Owner of a Lot is solely responsible for the existing drainage course across his/its Lot. The Cliffside Property Owners Association, Inc. is only responsible for maintenance and replacement of drainage equipment and facilities existing within the easement granted herein and described on the Plat and has no responsibility for the maintenance and repair of any drainage course or equipment located upon those areas of the Lot outside the easement. 6WOCVFiGFR3 n1i11 $III'1IN45\SC[rl I:N+PFn1�Y3K'I'UY\�'LIFTSIUE\�LIPf57D1!6(7VL•NnNm..rgC 10/20/04 WED 04:17 FAX 479 251 0301 DALLAS REAL ESTATE • 0 012/02J C. Declarant hereby reserves to itself, its successors and assigns, a perpetual Construction Easement on and over Lots 1-118 as described on the Plat for use by the Declarant in the future development of Property which may be added from time to time pursuant to Article 11, Section 2. Future development by the Declarant within the Construction Easement may include, but is not limited to, the construction of streets for the use described in Article VI hereto, landscaping, installation of utilities; drainage facilities and other construction related to the development of Property for residential use. D. Grants of Easements. To Be Provided by SCB Investments, LLC., as required by the City of Fayetteville. Declarant reserves the right to: (a) execute and record documentation confirming and defining the rights of any third person maintaining facilities in easement areas, and (b) to assign its rights hereunder, all of which acts shall be binding upon each Lot in Cliffside. ARTICLE VI Except for (1) the development and sales activities of Developer and its contractors, employees and agents, and (2) construction activities authorized by the Architectural Control Committee, the following prohibitions shall be applicable to all Lots, Buildings, Structures and Improvements in Cliffside: A. No gainful occupation or profession, or other non-residential use, shall be conducted, provided however that the use of a home office shall be permitted. B. No noxious or offensive activity shall be carried on, in or upon any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood or any adjoining Lot or Common Use Area, C. No livestock or poultry shall be kept or maintained. No swine, sheep, goats, cattle, or other objectionable animals shall be kept, and no animals may be raised for commercial purposes. All Buildings, Dwellings, Structures and improvements will be serviced by underground utilities. D. No burning of refuse or leaves shall be permitted. F., Chain link or similar fences are in all events prohibited and shall not be used under any circumstances except as approved by the Architectural Control Committee. C:1DO1 ANI)Sb"rJiNS\SGCH KnPPRa\IIW`KIUP\t'LIFFJIDEICIlPI'SIPL fQVIWANISDOC 10/20/04 WED 04:17 FAX 479 zs� 01 DALLAS REAL ESTATE • Q1010/029 F. No garage, carport, driveway, or parking area which maybe in front or adjacent to or part of any Lot may be used as a habitual parking place for commercial vehicles. The parkway located between the pavement and the Front Lot Line of each Lot shal I not be used for the parking of commercial vehicles, boats, mobile homes, trailers, nor any vehicle other than private passenger automobiles. (The habitual violation of the parking regulations set forth in this paragraph shall be deemed a nuisance and violation of Article IV, Section 10.) G. No temporary buildings, huts, trailers, tents, shacks, or privies shall be constructed, erected or parked upon any Lot. It is understood that the word "trailer" shall refer to a house or camping trailer which could be temporarily occupied for living purposes, and this restriction shall refer also to truck -mounted campers and travel buses, unless such trailer, erected camper, truck -mounted camper or travel bus is enclosed in a garage. Temporary Buildings, Improvements or Structures used during the construction of a Dwelling shall be on the same Lot as the Dwelling, and such Buildings, Improvements and Structures shall be removed upon completion of construction of the Dwelling. H. No garage, building, Structure or other outbuilding approved by the Architectural Control Committee shall be constructed or erected upon said premises prior to construction and occupancy of the Dwelling. 1. No undomesticated animal nor any other animal having unusually vicious propensities shall be kept or maintained either inside or outside any Building, Structure, Improvement or Dwelling. No commercial breeding of any animal is allowed within Cliffside. No more than one kennel, for occupancy by no more than three dogs may be allowed on any one Lot in Cliffside- J . No plants, seeds, or other materials which harbor or are a source of breeding infectious plant diseases or noxious insects shall be introduced or maintained. K. No advertising sign, or billboard, other than For Rent advertising signs, and no submerged, underground or visible oil ,or gas tank for fuel or other purpose, shall be erected or maintained on any Lot; except, however, a sign, not exceeding eight (8) square feet in area, may be erected during the construction of the house, displaying the name of the general contractor and/or architect, and For Sale signs not larger than twenty four (24) inches by thirty (30) inches may be erected at any time. L. No firearm shall be discharged within ClifTside. M. No hunting shall be allowed within Cliffside. N. No fishing in any lake existing within Cliffside shall be allowe7dother than pursuant to rules established by the Association. C`.\DOCVMVNTSAN0yLT GS4SRP{I KAFFYA\DkSKIU \=.SME\CI]pPS11WLYIVHNANI$lq(' 10/20/04 WED 04:18 FAX 479 251 i01 DALLAS REAL ESTATE • 0 014/02J 0. No clearing or harvesting of trees may occur within the Propeety comprising Cliffside without approval of the Architectural Control Committee. P. No animal waste may be spread on any Lot, except for fertilization purposes- . Q. No garbage, refuse, rubbish, tree limbs, pine straw, leaves or cuttings shall be deposited -on any street; road, or Common Use Area, nor on any Lot unless placed in a container suitable for garbage pickup or according to City requirements for disposal. R_ No building material of any kind or character shall be placed upon any Lot except in connection with construction approved by the Architectural Control Committee. Construction shall be promptly commenced and diligently prosecuted. S. No clothes lines, drying yards, service yards, wood piles or storage areas shall be so located as to be visible from a street, road, adjacent Lot, or Common Use Area. T. Any exterior lighting must be approved by the Architectural Control Committee and installed in a manner that shall either be indirect or of such controlled focus and intensity as not to disturb the residents of the adjacent Lot. U. No immoral, improper, offensive or unlawful use shall be made of Cliffside or any part thereof, and all valid laws, zoning, by-laws and regulations of all governmental bodies having jurisdiction shall be observed. V. No portion of a Lot (other than the entire Lot) may be rented, and no transient may be accommodated therein unless by consent of the Declarant. W. No used or previously erected or temporary house, structure, house trailer or non -permanent outbuilding shall ever be placed, erected or allowed to remain on any Lot or Common Use Area. QWOCOMXM AND =rwGS\sm%AFFr kJ)FSS P\CllFFSWL\CLI.IITPP NAMMDOC 10/20/09 WED 04:18 FAX 479 251�01 DALLAS REAL ESTATE • 10015/023 ARTICLE VII - - -- NAMEPLATES AND HOSPITALITY LIGHT STANDARDS, TELEVISION OR RADIO ANTENNAE AND TOWERS LAUNDRY DRYING FACILITIES There shall be not more than one nameplate on each lot. A nameplate shall not be more than ninety six-(96) square inches in area, and contain the name of the occupant and/or address of the Dwelling. It may be located on the door of the Dwelling or the wall adjacent thereto, or upon the wall of an Accessory Building or Structure, or free-standing. Hospitality light standards, of a design approved by the Architectural Control Committee, may be located within the Lot. No laundry -drying equipment or facilities shall be erected or used outdoors, whether attached to a Building or Structure, or otherwise. No antenna or other high power electronic equipment shall be permitted without the prior written consent of the Architectural Control Committee. Satellite dishes pre-approvod by the Architectural Control Committee may be permitted on a Lot at a location approved by the Architectural Control Committee. ARTICLE VIH COMMON USE AREAS AND PATHS 1. COMMON USE AREAS AND PATHS. Any Common Use Area within Cliffside may be used by all residents of Cliffside and their guests for recreational purposes. There are reserved for the use of all Homesile Owners within Cliffside, their guest and invitees, al I private road easements. All Common Use Areas, streets, roads, casements, fences and street lights shall be maintained by the Association. 2. EXTENT OF EASEMENTS. the rights and casements created herein shall be subject to the following; (a) The right of the Association to prescribe rules and regulations for the use, enjoyment and maintenance of the Common Use Areas; (b) The right of the Association to borrow money for the purpose of improving all or any part of the Common Use Areas, and to mortgage all or any part of the Common Use Areas; (c) The,right of the association to take reasonably necessary steps to protect all or any part of the Common Use Areas against foreclosure; and (d) 'the right of the association to suspend the casements of any Member of the Association during the time any assessment levied under Articles X or XM remains unpaid, and for any periocfi not to exceed thirty (30) days for any infraction of its published rules and r�Wlations. (e) All Structures, landscape plans and additions must first be approved by the ACC. No approval is necessary for the planting of flowers, and shrubs, or trees except where it may QWOCLMMN - AND y�n'IIvOS�q(sttt I:nPPf(n\itvSl('R11'\CIIYFSIDE\CLIFTSII/�+kOVENANIS.IX%: 10/20/04 WED 04:19 FAX 479 2510 01 DALLAS REAL ESTATE • Q 010/028 affect easements or drainage onto adjacent Lots. The initial landscape plans -and-designs to be submitted to the ACC shall include a $1,000.00 minimum for plants and shrubs. (f) All toys, newspapers, etc., must be picked up so as not to accumulate in an unsightly manner in view of any Street_ Only porch furniture, flower pots, etc., are permissible in front yards. Front Yard grass is to be kept mowed so as to never be above four (4"). ARTICLE IX GRASSING AND TREES 1. GRASSING. After Lots have been sold by the Developer, the Owners of Lots in Cliffside shall be responsible for the maintenance of the area located between their Lot Line and edges of street pavements which abut said Lots whether the streets are private or have been dedicated to the public. After construction of a Dwelling; is completed on a Lot, the Owner of such Lot shall grade the land between the edge of the driving pavement and the undisturbed ground on his/its property; maintain the ditch -line, if any, along the edge of said driving pavement, and shall seed, fertilize and cause grass to grow from said edge into his/its Lot, cover all disturbed soil left bare by construction of roads, and thereafter keep said grass mowed to a height not exceeding four (4) inches. In the event an Owner is authorized by the Architectural Control Committee to clear a portion of his/its Homesite, he/it shall plant grass on the cleared area. Said Owner shall maintain and keep his/its Iomesite in good appearance by cutting all weeds and under brush and by cutting and maintaining all lawns to a height of not more than four (4) inches. All Structures, landscape plans and additions must first be approved by the ACC. No approval is necessary for the planting of flowers, and shrubs, or trees except where it may affect easements or drainage onto adjacent Lots. The initial landscape plans and designs to be submitted to the ACC shall include a $1,000.00 minimum for plants and shrubs. All toys, newspapers, etc., must be picked up so as not to accumulate in art unsightly manner in view of any Street. Only porch furniture, flower pots, etc., are permissible in front yards. Al any time and from time to time, the Association, or the Declarant may, at their option, enter the Homesite and plant grass or clear the weeds and underbrush and thereafter maintain the Homesite in good appearance. No such entry shall be deemed a trespass. If the Association or Declarant chooses to exercise this option, any planting, underbrush clearing or grass cutting by the Association or Declarant shall cause a lien to arise and be created in favor of the Association or Declarant against any such Homesite for the full amount expended or otherwise chargeable therefore, including the cost of supervision, contracting fees and office overhead. The full amount chargeable to such Homesite shall be due and payable within thirty (30) days after the Owner has been billed therefore, and the lien shall be enforceable in the same manner as liens created pursuant to Article XIV hereol: 2. TREES. A. The Property Owner's Association is entirely responsible to the City of , . Xx P$yetteville for ensuring the planting, maintaining and protection of the Native American trees in the front yard of each lot within the subdivision. B. The Property Owner's Association shall provide each lot owner with the proper planting instructions and maintenance guidance during the establishment period to ensure the viability of each tree. C_ .Each lot within Cliffside Subdivision is Q: DOCUMVNTSA 13 SEMMS\=l�¢OMVAN.S C 10/20/04 WED 04:19 FAX 479 2519o1 DALLAS REAL ESTATE • 0 017/023 required to have and maintain a minimum of two (2) native American trees with•a4wo (2) to three (3) inch diameter in the front yard before the structure is certified for occupancy, Each lot owner shall be responsible for the health of all trees planted on the lot and shall be bound for the maintenance, care and monitoring for each tree planted. If at any time any tree is damaged significantly or dies, it must be replaced within a two (2) month period. The Architectural Control Committee will provide a list of the types of trees permitted. Failure to replant or maintain the tree after notice by thePropthty Owners Association could result in an assessment and a lien upon the lot for the cost of planting and maintaining the tree. The lot owner agrees a lien which results from a failure to pay an assessment may be foreclosed in the same manner provided by Arkansas Law for the foreclosure of a real estate mortgage. ARTICLE X MAINTENANCE I . DUTY OF MAINTENANCE. Owners and occupants (including lessees of any part of the Property) shall jointly and severally have the duty and responsibility, at their sole cost and expense to keep that part of the Property so owned or occupied, including Dwellings, Structures, Buildings, Improvements and grounds in a well -maintained, safe, clean and attractive condition at all times. Maintenance includes, but is not limited to, the following: (a) Prompt removal of all litter, trash, refuse, and waste; (b) lawn mowing; (c) tree and shrub pruning; (d) watering; (e) keeping exterior lighting and mechanical facilities in working order; (f) keeping lawn and garden areas alive, free of weeds, and attractive; (g) keeping parking areas, driveways, and roads in good repair; _(h) complying with all governmental health and police requirements; (i) repainting of improvements; (j) repair of exterior damages to improvements; (k) repair of all damage to fences; and U\DOQIMWIS M T) 6CrrINW=1 VAPM\DPgrt')FACulnslDa\cLFFSMfSOvexnxis.o0C 10/20/04 WED 04:20 FAX 479 251,601 DALLAS REAL ESTATE . 12 018/02a (1) Prompt disposal of all animal waste in a manner that complies with al I local, state and federal regulations. 2. ENFORCEMENT. If, in the opinion of the Association any Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Association may provide written notice of that failure, giving the Owner or occupant ten (10) days from receipt to perform the care and maintenance required. Should any person fail to fulfill this duly and responsibility within the ten (10) day period, then the Association through its authorized agent or agents shall have the right and power to enter onto the premises and perform needed care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owners and occupants (including lessees) of any part of the Property on which work is performed shalljointly and severally be liable for the cost of the work and shall promptly reimburse the Association for all costs. If the Association has not been reimbursed within thirty (30) days after invoicing, the indebtedness shall be a debt of all of the Owners and occupants jointly and severally, and shall constitute a lien against that portion of the Lot on which work was performed. This lien shall have the same attributes as the lien for assessments and special assessments set forth in Article XIII, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. ARTICLE XI THE ASSOCIATION Every person, persons or entity who owns any Lot, including a builder or general contractor, shall be a Member of the Association, and shall abide by its Articles of Incorporation and Bylaws. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The Association shall be governed by its Articles of incorporation and Bylaws. ARTICLE XII COVENANT FOR MAINTENANCE ASSESSMENTS 1. CREATION OF LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS AND SPECIAL SSESSMENTS. Each Owner, other than Declarant, of any Lot by acceptance of deed shall be deemed to covenant and agree, to pay to the Association annual assessments or charges and special assessments, together with interest and costs of collection, if any, which amounts shall be a charge on the land and shall be a continuing lien upon the Lot. Each assessment, together with interest, cost of collection mid reasonable attorneys' fees, if any, shall also be the personal obligation of the Owner, other than Declarant, of the Lot at the time when the assessment orspceial assessment fell due. The personal obligation for delinquent assessment or special assessment shall not pass to an Owner—s successors in title unless expressly assumed by them. r+ ryS 'I• The Gen for assessments and special assessments shall be subject to and subordinate to the lien of any recorded first mortgage or deed of trust. c:\oo�.i,s6n7NGs\sm]znrna,\nesKro�\curnu�e\eaums �ov�nrm.noc 10/20/04 WED 04:20 FAX 479 251 0301 DALLAS REAL ESTATE . R 019/023 Assessments shall be fixed by the Association in accordance with 4he Articles of Incorporation and Bylaws of the Association. In lieu of assessments being imposed upon such Lots owned by the Declarant, the Declarant shall underwrite all reasonable costs for the operation of the Association not covered by assessments paid by Owners of Lots other than Declarant until ninety percent (90%) of all Lots are owned by persons or entities other than Declarant. Once ninety percent (90%) of all Lots are owned by persons or entities other than the Declarant, the remaining Lots owned by the Declarant shall be subject to the same assessments as Lots by Owners other than the Declarant. 2. EXEMPT PROPERTY. Common Use Areas as defined in Article 1, all Common Use Areas subsequently added to the Property and any areas which are designated for the common use of a particular Lot, and all portions of the Property owned or otherwise dedicated to any political subdivision shall be exempt from the assessments and liens of the Association. ARTICLE XIII GENERAL PROVISIONS 1. DURATION, The Covenants and Restrictions of this Declaration shall run with and bind the land, shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time the Covenants and Restrictions shall be automatically extended for successive periods often (10) years unless an instrument terminating these Covenants and Restrictions signed by the then Owners of sixty five percent (65%) of the Property has been recorded prior to the commencement of any ten- year period. 2. AMENDMENTS. The Declarant shall be entitled to three (3) votes for each Lot, whether built upon or not, in which Declarant holds title, for the purpose of amending these covenants and restrictions. All other Owners of a lot shall be entitled to one (1) vote for each Lot in which he/it holds an ownership interest. Lot Owner, other than the Declarant, as herein defined, may be one (1) or more and all such persons or entities constituting one (1) person or member shall vote as they, among themselves, determine but in no event shall more than one (1) vote per Lot owned by others than the Declarant be voted. These Covenants and Restrictions may be amended during the first twenty (20) years from the date of recording of the Declaration, by an affirmative vote of seventy frve.percent (75%) of eligible votes, and thereafter by an alrimiative vote of seventy percent (70%) of the eligible votes. Any amendment must be properly recorded and signed by not less than Owners holding seventy five percent (75%) of the eligible Votes within the first twenty (20) years and seventy percent�70%) of thb eligible votes thereafter. 3. NOTICES. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to CAVCCUMerrrs qT- QVG9MXATM.\nacrniv0�a.irr9InelCUMIDftvvr.�AvrS. oC 10/20/04 WED 04:21 FAX 479 251,J01 DALLAS REAL ESTATE 1�j020/020 the last known address of the person who appears as Member or Owner on the -records of the association at the time of mailing. Each purchaser of a Lot shall forward a copy of his/its recorded warranty deed to the Association or its officers. 4. 1 NFORCEMF,NT. Enforcement of these Covenants and Restrictions shall be by any proceeding at law or in equity against any person or person violating or attempting to violate any Covenanter Restrictiofi,'either to restrain violation or to recover damages, and against the land to enforce any lien created by these Covenants and Restrictions. Failure by the Association or any Owner to enforce any Covenant or Restriction shall in no event be deemed a waiver ofthe right to do so thereafter. 5. SEVF.RABILITY. Invalidation of any one of these Covenants or Restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. & ATTORNEY FEE. In any legal or equitable proceeding for the enforcement or to restrain the violation of this instrument or any provision thereof, by reference or otherwise, the prevailing party or parties shall be entitled to attorney fees in such amount as the court finds reasonable. All remedies provided for herein, or at law or equity, shall be cumulative and not exclusive. 7. DISSOLUTION. The Association may be dissolved with consent given in writing and signed by not less than three -fourths of each class of Members as defined in the Bylaws of the Association. Upon dissolution of the Association other than incident to a merger or consolidation, the assets of the Association shall be conveyed and granted and assigned to any nonprofit corporation, association, trust, or other organization to be devoted to same or similar purposes. [Remainder of Page Intentionally Blank; Signature Pages Follow] Q\TWV14hnS n. h %NOASh'ry 4VTAA\DCS6TlA\(`I.iPF$IDY.\CUFMiLLF1:gU�GNAM`JDOC 10/20/04 WED 04:21 FA% 479 25401 DALLAS REAL ESTATE 0 Q 021/023 By: Print Name: Title: Attest: Print Name: Title: C:\DOCVM� AND 3E C-S\WfH XAFT"WE LMP\NIT F.\CIIPPS[tI YJVF.NANMWC 10/20/04 WED 04:21 FAX 479 251 0001 DALLAS REAL ESTATE Q022/023 • • STATE OF ARKANSAS ) COUNTY OF WAStUNGTON On this day before me, a Notary Public, duly commissioned, qualified and acting within and for said county and state, appeared the within named and being the and respectively, of and who had been designated by said to execute the above instrument, who stated they were the and of said and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said and further slated and acknowledged that they had so signed, executed, and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth, 1N TESTIMONY WHEREOF, 1 have hereunto set my hand and seal this . day of .2003. Notary Public My Commission Expires: h_\INK;U6lENTYnND iR.Rt�'(`,$\•YISIH 6APFKA\DL'S1'1'flP\CIIPR$IDE\CWYt51U� I:DYlNANiy.DOC Planning Commission • • November 8, 2004 Page 34 R-PZD 04-1154: Planned Zoning District (CLIFFSIDE, 526): Submitted by PROJECT DESIGN CONSULTANTS, INC for property located at THE EAST SIDE OF HAPPY HOLLOW ROAD, SOUTH OF THE CLIFFS APARTMENTS. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 26.30 acres. The request is to approve a Residential Planned Zoning District on the subject property with approximately 48 two-family and 15 single-family lots proposed. Ostner: Our next item is R-PZD 04-1154 for Cliffside. Warrick: This property is located on the east side of Happy Hollow Road south of the Cliffs Apartments P.U.D. and north of Happy Hollow school. The property is currently zoned RSF-4 and contains approximately 26 acres. The applicant is requesting a rezoning and Preliminary Plat approval for a residential subdivision zoned a unique R-PZD zoning district. The proposed use of the site is for a residential development consisting of I I I residential dwelling units, 15 of which are single family detached and 48 two family attached town homes. The site is currently vacant. The floodway crosses the subject property from the north to the south. In addition, a rather large 75' easement runs east and west along the north portion of this property as you can see from Crossover with the power lines that go through there. The total proposed dwelling units on this 26 acre site is 111. Therefore, the proposed density is 4.25 dwelling units per acre, which is slightly above what is allowed with the current density of four units per acre. Of course, that RSF-4 zoning district requires 70' lots of 8,000 sq.ft. in area and this proposal is a drastic change from that. They are using quite a unique mixing of attached town home style lots and single family homes as well. As I mentioned, this site is located in east Fayetteville south of the Cliffs apartments, north of Happy Hollow elementary school. As part of the parks review and staff s review of this project we are recommending, and the applicant is showing on the plat, a trail connection through the proposed tree preservation area along the creek both from the school up to the Cliffs apartments, which will provide a needed pedestrian connection between those two. Access is proposed to the east and south. To the north there is none. The initial submittal had two stub outs to the north but it was discovered that those are tree preservation easements for the Cliffs apartments. Therefore, these tree preservation easements that run along the creek will actually be extending that riparian corridor. There is one connection to be constructed extending through the existing Ray Avenue. This took quite a bit of coordination between the school and the developer. As I mentioned, the initial submittal came in there was no stub out to the south because of the school property there and no real intent to be developed. Staff recommended that the applicant go back and talk to the school district and see if potentially some of the traffic could be alleviated from going south and potentially finding a better way for a better disbursement of traffic. They did meet with the school district and I believe the school district voted on allowing Planning Commission •' �' November 8, 2004 Page 35 this connection and dedication of right of way so a street connection will be provided to the south. We are happy that those two property owners could work that out which provides the city with connectivity and both of these property owners with a mutual benefit. As I mentioned, to the east there is a stub out proposed for future connectivity and there is one existing connection to Happy Hollow Road to the west, which is a collector street. Happy Hollow Road is a newly constructed street west of the subject property. The developer of Cliffside is dedicating 35' from centerline as required. I have already mentioned coordination and there is quite a bit of coordination on this project. Both with the staff and adjacent property owners. The site is heavily canopied. It has 88% existing canopy on this property. We had to work quite a bit to try to find the best way to preserve as much canopy as possible and identifying those areas most important and most significant based on our tree preservation ordinance. As Landscape Administrator, I am recommending approval of the tree preservation plan and I believe that we have worked out a great solution. 25% is the minimum requirement and the developer is showing 38%, which is commendable. As I mentioned, the Parks and Recreation Board did review this project and is recommending money in lieu in the amount of $61,605 as well as the recommendation for that trail connection. This project has been before the Subdivision Committee at least twice. I am sure you have minutes from those meetings as well as some of the public comment that has been received on this project which has not been much. We have received a few items of public comment. A draft of protective covenants are within your staff report as well as those findings associated with all PZDs. As I mentioned, emphasis on tree preservation has been placed with the development proposal and the density which is proposed, while slightly higher than 'the current underlying density does create a transition from the higher density multi- family residential development to the north. That is where they are placing a lot of their two family homes. The school to the south and there are surrounding single family dwelling units. The tree preservation areas as shown will also act as common areas for this neighborhood and for those traveling along this trail. Staff is recommending that this item be forwarded to the City Council with a recommendation for approval of R- PZD 04-1154 with 23 conditions. I will go over a couple of those. Planning Commission determination of residential lot access management. Having seen recently in another PZD with smaller lots, staff feels that it is appropriate to establish an access management policy on these streets. You have 30' wide lots, if you have a standard 24' wide driveway you would pretty much have driveways the entire street which is not sound practice. We recommended, as we have in the past, if you have a shared driveway it be allowed at 24' and if you have individual driveways those be allowed at a maximum of 12' at the right of way. Planning Commission determination of offsite street improvements. I believe we have worked most of these out in this case. The developer will be Planning Commission • • November 8, 2004 Page 36 improving Happy Hollow Road from centerline as well as extending Ray Avenue to the south and some additional improvements along Ray Avenue. Additionally, parallel on street parking will be allowed on that street to allow for program types of parking for the school when they have after school programs and things of that nature to allow for excess parking in that area. As mentioned, $61,605 for parks fees. Other conditions address the pedestrian connections both to the north and to the south which details are still being worked out. We feel comfortable at this level to recommend that this go forward to the City Council. Final covenants of course, always have to come through with a R-PZD, which is a Preliminary Plat/Final Plat type of development. We will see those final covenants at the time of Final Plat. Ostner: Thank you Mr. Pate. Is the applicant present? If you could introduce yourself and give us your presentation. Scott: Good evening. My name is Art Scott, I am with Project Design Consultants, we are the engineers on the project. This is Seth Cathca with SBC Investments, the developer. We are asking for your approval on this zoning change tonight to R-PZD and if you have any questions we will answer them for you. Ostner: Thank you. At this point I will open it up to the public. Would anyone like to speak about this PZD? Please introduce yourself and give us your comments. Erf: Good evening, my name is Jeff Erf.. I live at 2711 Woodcliff Road. A couple of concerns, first of all, do you realize that Cliffside is also the name of a street in the Hyland Park subdivision? I just throw that out to you because it could potentially cause some confusion for people. The main reason I'm here, I have got some concerns about the connection of Ray Street from Happy Hollow school up north into this development. I am not sure how well this has been thought out. My son went to Happy Hollow for six years and I'm quite familiar with the traffic flow that goes back through there and in the mornings it is backed up and in the afternoons it is backed up with people getting there early and waiting. I am concerned that creating an extra point of access to that road is going to create some confusion and chaos and I guess one of my questions is will they be putting in sidewalks on the old part of Ray Street that runs adjacent to the school? As I recall, there are no sidewalks there now. Ostner: Those would be offsite sidewalks. Erf: If there aren't sidewalks there should be sidewalks so that once they reach Ray Street they can stay on sidewalks. That is my main concern. I hope somebody has looked at this in detail and really given it some thought. Planning Commission •' • November 8, 2004 Page 37 Also, there is a city park that is right next to the gymnasium. I was wondering what was happening with that. It almost looks to me like Ray Street extension goes right through there. That is an issue because if they are removing a city park then don't they need to replace the city park, not just money in lieu of. They are potentially going through an existing city park and so that ought to be part of the discussion of money in lieu. Thank you very much. Ostner: Thank you Mr. Erf. Would anyone else from the public like to speak to this issue of Cliffside PZD? Seeing none, I will close it to the public and bring it back to the Commission. Warrick: I can address some of the questions that Mr. Erf brought up. With regard to the name of the subdivision, our 911 Coordinator has reviewed that and will continue to review that. If there are any conflicts we will be made aware of it and we will also make the developer aware of it so that they can choose a different name. Typically, if there are two streets that are named the same we can absolutely not allow for that for 911 purposes but I don't believe that there is conflict in a subdivision name and a street in another part of town having that name. The connection to Ray Avenue, this project was originally submitted back in July and staff has been working with the developer and the school district representatives since that time to understand the implications of making that connection and how it would affect the traffic flow for the city as well as for the students and the parents and the employees at Happy Hollow school. We had meetings with the school principal, with representatives from the superintendents office, with staff, with the developer in the very beginning to try to get our minds around how this would affect all of the concerned parties. The school principal presented the proposal to her staff as well as to her parent groups and it was also presented by the developer at the very first open house of the school semester. The school board voted on this, I believe that they heard it at least one of their school board meetings. They did vote in favor of selling the necessary property to the developers to make this street connection. Ultimately, they decided that it was in the best interest of the school as well as the city to make the connection. We appreciate that fact because we do feel that this is an appropriate connection. The connection is not going through city parkland. That property is owned by the school district and there used to be a more developed trail system through the woods at the north end of the school. It is not quite as developed as it used to be but the walking trail that this developer will be building will be able to connect to the trail system that is left on the north side of Happy Hollow school. I hope that addresses those concerns. With regard to sidewalks on Ray Avenue, the amount of property that is being dedicated for right of way is sufficient to provide sidewalks. I would need the applicant to confirm that they are making the improvements to include sidewalks. Their improvement will go south to Planning Commission • November 8, 2004 Page 38 about 4 h Street, which is the intersecting street just south of the main entrance drive to Happy Hollow school. Ostner: Thank you Clark: Along that same line, isn't a traffic light scheduled for Happy Hollow? Warrick: The intersection of Happy Hollow and Huntsville is definitely being reconfigured and improved. That is a CIP Project that I want to say is projected for very soon. I think it is under design at this point. Clark: That is a horribly congested area during school days and I would think that if you had a light coming out of this subdivision you would go to the light instead of Ray Avenue during pick up and drop off times for school kids. Dawn, didn't you indicate to us earlier that that is eminent. It is not years away, it is soon. Warrick: Our Engineering Design Services Division is designing that intersection right now. I can't promise that that will be signalized but it will be an improved intersection and the flow of traffic will be changed. Ostner: How exactly will it be? Warrick: I can invite the Engineering Design Services Division to come and talk to you. I know that the main flow of traffic will be redirected onto Happy Hollow south as opposed to Huntsville being the primary. That is my understanding but it is being designed and it has to go through several approval processes as well as the Street Committee. I don't want to promise any specific type of configuration. Shackelford: Mr. Scott, would you enlighten us on your plans for sidewalks along Ray Avenue? Scott: We intend to extend sidewalks down Ray Avenue, we are hoping on one . side, the side where we have parallel parking, on the east side, from the south edge of our property to where it intersects the existing pavement so that all of the children from this subdivision can walk down that sidewalk and access the school so they can walk back and forth to school. Shackelford: Will that be a 4' or a 6' wide sidewalk? Scott: I believe we intended 4'. It is a 50' right of way. Vaught: The proposed walking trail, is this going to be dedicated to the city for parkland or is it going to be maintained by the P.O.A.? Planning Commission • ` • November 8, 2004 Page 39 Pate: It will be maintained by the P.O.A. within a tree preservation common area easement. Ostner: I have a few questions for staff on the same notes. On page 7.44, Article VI in their covenants, they have offered all roadways within Cliffside are private access easements for vehicular traffic only for the use of owners of lots in Cliffside. Warrick: We are going to ask the developer to address that. Ostner: If you could please address that, that doesn't seem to be appropriate. Cathca: That was a mistake. That was off of our template covenants that we have used in our other subdivisions. I apologize. Ostner: I'm also hoping on 7.47, Common Use Areas, any common areas may be used by all residents of Cliffside and their guests. I'm hoping that is also an error. Cathca: Once again, an error. I apologize. Ostner: Terrific. Those were concerns of mine. The third issue I have is this trail that is connecting to the north that is intended for pedestrian flow, we have had instances of those trails getting fenced. Unintentionally, but a property owner here, a property owner there and two board fences 10' apart with a trail in between doesn't make a good system. Can the developer address that? Warrick: I don't think that that would even be an option for this development. There is only one location that this trail goes between two lots. In other areas it runs adjacent to lots and greenspace or preservation area or completely through preserved areas. Ostner: Ok. There is a note on the plat that talks about frontage access. It says lots 12 and 15 will have access for Happy Hollow. That didn't add up because those lots are somewhere else. It also says Lots 13 and 14 will face street one and they are nowhere near street one. I'm hoping this was a typo again. Scott: Yes, they got renumbered. The intention is that the access on Happy Hollow, that we have some of those homes appear to access and maybe have a driveway in the back, but face Happy Hollow so that it gives more of a neighborhood look and not a walled community through there so we agreed to do that on some of those lots there. Planning Commission • November 8, 2004 Page 40 Ostner: You are looking at lots 20 through 26 and you are saying that a few of those will face Happy Hollow? Scott: Yes Sir. Particularly the ones along the entrance street there. Lots 23 and 24. Ostner: That's good. That was going to be my next complaint that there were no eyes on the street. That is ok. Pate: Condition number three also addresses that discrepancy on the plat, that those notes be revised to reflect those comments that you just made. Ostner: I believe those are all of my comments. Clark: On the plat we have got tree preservation and tree preservation/common area. What percentage is strictly tree preservation and what percentage is common area? Pate: As of this moment I can't answer that. There are specific lots designated on your plats and shown as preserved for tree preservation and common space. When this project, should it be approved by the Planning Commission and the City Council, comes back through for a Final Plat those lots will be restricted from certain development rights and we will be required to sign off on that Final Plat limiting certain activities on those specific lots. A developer or a home owner, as with any residential subdivision, always has the right to move into the lot and position their home so that they can actually build a home on that site. The developer is meeting that requirement by stating the required tree preservation amount along with the exclusion of a building envelope within that lot. Basically, the lots that are preserved, lots 112, 113, 114, 115, 116, 117 and 118 are all tree preservation lots and will remain as such permanently. Clark: Maybe I should ask the developer, what are you planning to do different in the /common area lots?. Scott: The common area there runs along natural drainage courses and we wanted to leave those as a natural corridor. As Jeremy said, those will be an area where no development will take place. We did cut the trail out of that. The trail is not counted as tree preservation area, that has been removed. We took approximately 50% out of the lots for buildings. Clark: I've looked at the tree list that Jeremy provided us and you are saving some very large, significant trees and a whole bunch of them, and you are to be commended for that. I was just wondering because the common areas is a different designation within a PZD, what uniqueness for the Planning Commission •- •: November 8, 2004 Page 41 residents was going to be to set it apart from a tree preservation area and make it a common area. Maybe I'm just playing a semantical game. Pate: I believe on the ground as this is developed all of the tree preservation areas that you see permanently will be common areas. It will be more of a woodland type environment. Clark: I've got one on 112 that is just a tree preservation area but then I've got others that have /common area so I was wondering if you had planned on something remarkably special. I'm glad you are saving it. It is a great idea and there are some large trees there. Scott: Lot 112 is a lot smaller of an area than 114 or 115. It wouldn't really function well as a common area for activities or anything like those other areas would for hiking and so forth. Clark: Thank you. MOTION: Shackelford: As staff made comments earlier, we have seen this a couple of times at Subdivision Committee. This is a project that has a lot of eyes on it, in particular, with regard to the extension of Ray Avenue. I personally think that that extension has been well thought through by both the school board and city staff along with all sorts of people who were involved with this project. I think it adds a lot to this project and I am in favor of that as well. Overall, this is a great development in my mind. We have talked about in the City of Fayetteville we need a supply of more affordable housing. I think this serves that need and I like it's close proximity to an elementary school. I will make a motion that we forward with a recommendation for approval R-PZD 04-1154 to the City Council with the conditions of approval as stated with specific determinations on number two, that due to the smaller width, that these lots be allowed to have shared driveways, specific finding on number four, a determination of off street improvements to concur with staffs recommendation of a 28' street with curb, gutter, storm sewer for the Ray Avenue extension. The improvements to dissipate a portion of Ray Avenue north of 4t' Street to be coordinated with the Engineering Division as stated. Basically, subject to all conditions of approval and staffs comments. Trumbo: Second. Ostner: Is there further comment? Could you call the roll Renee? Roll Call: Upon the completion of roll call the motion to recommend approval of R- PZD 04-1154 to the City Council was approved by a vote of 8-0-0. /f City of Fayetteville a , I& Staff Review Form • City Council Agenda Items Contracts 7-Dec-04 City Council Meeting Date Dawn T. Warrick Planning Operations Submitted By Division Department Action Required: Approval of an ordinance for a Residential Planned Zoning District consisting of 111 residential dwelling units, of which, 15 are single family detached homes and 48 are two family attached townhomes $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a h1a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached epartment birector Date Previous Ordinance or Resolution # n/a Original Contract Date: n/a Original Contract Number: n/a H.04 Rreceived in City Clerk's Office City Attorney Date I Ta e ev ele y ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin Planning Division From: Clarice Buffalohead-Pearmanx City Clerk Division Date: December 14, 2004 Re: Ord. No. 4647 :I City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 5754323 Fax: (479) 718-7695 city_clerk@cLfayetteville.ar.us The City Council passed the above ordinance, December 7, 2004, approving R-PZD 04-1154 for property at Washington Avenue and 13`" 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 ACC111A\/IT �� PUBLICATION I, do solemnly swear that I am Legal Clprk of th nsas 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: "fwr)G was inserted in the regular editions on Q A. I a3 i . PO# Cu ,mR9 ** Publication Charge: $ Subscribed and sworn to before me this day of 2004. ��t aQ���jl /lO,�fC21k� Notary Public My Commission Expires: Sharlene D. Williams �detary Public State of Arkansas RECEIelc"D My Commission Expires " Please do not pay from Affidavit. October 18, 2014 An invoice will be sent. DEC 2 2 200CITY OF FAYL iTEVILLE CnYCLERK'S OFFICE 212 NORTH EAST AVENUE P.O. BOX 1607 FAYEfTEVILLE, ARKANSAS 72702 • (501) 442-1700 • 1 a ESTABUSHING A RESIDENTIAL i DISTRICT TILLED R-PZD 04- OCATED EAST OF HAPPY TELY 26,114 Al THE OFFICIAL ETTEVILI F; ANI BY THE PLANN Ve evi le ARKANSAS ATED RESIDENTIAL DEVELOPMENT PLAN AS R ORDAINED BY "It OILY COUNCIL OF THE OILY OF Frain RSF4, Residentlar Single Family, lour units per acre. to R-PZD 04-1154 as shorn in E#9blt'A' altad*d hereto and made a Part hereof. Section 2: That the dwVO b zatlng CIBStiflcetbn b based UPon the appry a master da+eloprent Plan arcl dmbpment standards as Ol on Me Plat end aPPmwd try the Plemr1D Carunieslan on November 8, 20D4. Section 3: That ft aJAIVICe SW take effect and W In tj face at such time as all of e1e Wutrarrtama of Ma de+ebpmenl pan have been met. Section 4: Thet ene official zoning map of Me City of Fayetteville, Arkaru . R hereby emended to reflect the z Irg charge provided In Secton 1 above. �.. nn D011BR'A' R-PZD 04.1154 IF SECTION 14. N. R-30-W, WASHINGTt LESS AND EXCEPT: A PART OF THE NE 1/4 OF THE SW 1/4 OF AND SW 1/4 OF SECTION 14. 14, T-18-N, R-30-W, WASHINGTON :D AS FOLLOWS: BEGINNING AT FEET FROM THE NW CORNER OF SO LESS AND EXCEPT: PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 14, T-16-N, R-30-W, WASHINGTON COUNTY, w,ANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 20.00 FEET OF EQUAL AND VIFORM WIDTH OFF THE WEST SIDE OF THE NORTH 753.00 FEET OF THE FOLLOWING SCRIBED PROPERTY: 30.00 ACRES OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF 1E NE 1/4 OF THE SW 114 OF SECTION 14. T-16-N, R-30-W, WASHINGTON COUNTY. ARKANSAS. DNTAINING I5,OBD.00 SQUARE FEET (0.346 ACRES) MORE OR LESS. A PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 14. T-16-N, R-313-W, WASHINGTON COUNTY• ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NE 1/4 OF THE SW 1/4; THENCE 500°33'00"W,, M.00 FEET TO THE POINT OF BEGINNING: THENCE NBB°28'36'E, 211,00 FEET; THENCE N00033'00'E, 111.11 FEET, THENCE SBB°2➢�D'W, 211,00 FEET: THENCE S00°33'00-W. 111.11 FEET TO THE POINT OF BEGINNING, CONTr.NING 0.54 ACRES, MORE OR LESS. 4. RECEIVED DEC 22M CITY OF FAYEITEVILLE CITY CLERK'S OFFICE