HomeMy WebLinkAboutOrdinance 4750 w�
ORDINANCE NO.4750 ••0 0
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AN ORDINANCE ESTABLISHING A RESIDENTIAL m„
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1555, Oom ma. 0
^O O y
OAKBROOK PHASE Il, LOCATED WEST OF RUPPLE ROADmwa i 'o O
AND EAST OF BRIDGEPORT PHASE 11, CONTAINING m� `
NOO Cy
APPROXIMATELY 11 .5 ACRES, AMENDING THE OFFICIAL o�ao m LO
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ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ..tl° o .n 0
ADOPTING THE ASSOCIATED RESIDENTIAL — . . . 0
SOV ECm
DEVELOPMENT PLAN AS APPROVED BY THE PLANNING ` a m 0
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COMMISSION = o m m o o
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby changed
as follows:
From RSF- 1 , Residential Single Family, I unit per acre, to
R-PZD 05- 1555 as shown in Exhibit "A" attached hereto and
made a part hereof.
Section 2: That the change in zoning classification is based upon the approved master
development plan and development standards as shown on the preliminary plat, all conditions of
approval determined appropriate and approved by the Planning Commission on June 27, 2005, and
further conditioned by the City Council on the terms within the Restrictive Covenants/Bill of
Assurances offered by the applicant that the units would have a minimum 1 ,400 square footage, that
only lots 56 through 73 can be attached, and that Lots 52, 53, and 54 can be used only for club house
and related purposes or for residential houses, and further conditioned upon the Bill of Assurance
offered to the City Council on September 6, 2005, promising to subordinate 109 sewer traps from the
developer's previously approved Laureate Fields subdivision to be used by Oakbrooke Subdivision
Phases 1 and 11.
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 I above.
PASSED and APPROVED this 6th day of September, 2005.
APPROVED:
By: Al
AN COOD4Mtayor ��
„aarunnnri
SONDRA SMITH, City Clerk 4.G' Y OP
'c ; FAYETTEVILLE *
��:• • ,
sys 6,1QkANSPr?Joh,:
�'''y„�GTON G�``��`
EXHIBIT "A"
R-PZD 05-1555
A PART OF THE SOUTH HALF (Sl /2) OF THE SOUTHEAST QUARTER (SEI /4) OF THE
FRACTIONAL SECTION I , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY ONE (3 1 )
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID EIGHTY (80)
ACRE TRACT, AND CONTINUING THENCE NO2017142"E 1069. 16 FEET, THENCE
S87049'42"E 428.22 FEET, AND THENCE S87009115"E 271 .79 FEET TO THE POINT OF
BEGINNING; THENCE S87009' 15"E 1132.44 FEET; THENCE S08° 18'00"W 225 .89 FEET;
THENCE N87000'35"W 354.57 FEET TO A FOUND IRON PIN; THENCE S02°48'25"W 146.65
FEET TO A FOUND IRON PIN; THENCE N87'1 0'22"W 327.79 FEET TO A FOUND IRON PIN;
THENCE S02050'14"W 253 .09 FEET; THENCE N87°22' 17"W 28.37 FEET; THENCE
S02049'27"W 216.23 FEET: THENCE N87' 1 0'33"W 118.38 FEET: THENCE N81 '3 1 '56"W 50.29
FEET; THENCE N87'42' 1 8"W 109.00 FEET; THENCE NO2' 1 7'42"E 452.00 FEET; THENCE
N87042'18"W 115 .00 FEET; THENCE NO2° 17'42"E 385.47 FEET TO THE POINT OF
BEGINNING AND CONTAINING 11 .506 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS.
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for R-PZDs 05-1463 and 05-1555 known
as Oakbrooke Subdivision Phases I and II, the Owner/Developer of this property, Tracy K
Hoskins voluntarily offers this Bill of Assurance and enters into this binding agreement
and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants the City of Fayetteville the right to enforce any and all of
the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County
and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term
of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has
been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges
that the Fayetteville Planning Commission and the Fayetteville City Council will
reasonably rely upon all of the terms and conditions within this Bill of Assurance in
considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner agrees to subordinate 109
sewer taps from the second (or last) Phase of Petitioner's approved subdivision known as
Laureate fields, for the benefit of Oakbrooke Subdivision Phases I and II. The Petitioner
agrees to pay any appropriate Sewer Improvement District Impact Fees that may exist at
the time, if in the event that the final phase, or any portion thereof, of said Laureate Fields
comes on-line prior to the completion of the City's west side sewer treatment plant.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I,
Tracy K Hoskins, as the owner, developer, or Petitioner voluntarily offer all such
assurances and sign my name below.
9106105
Tracy K. Hoskins - Petitioner
1895-2 W. 6th
Fayettev'ij A 7
Signature
Washington County, AR
I certify this instrument was filed on
11 /10/2005 01 :03: 18 PM
and recorded in Real Estate
File Number 2005-00050789
Bette Stamps - Circuit Cl r
by
City Council MeeTfng of August 02, 2005 Q 1b
105
Agenda Item Number 474JD
CITY COUNCIL AGENDA MEMO .
?-D�
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: July 13, 2005
Subject: Residential Planned Zoning District for Oakbrooke Subdivision, Phase II
(R-PZD 05- 1555)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Oakbrooke Subdivision, Phase II. This action will establish
a unique zoning district for a residential subdivision on a 11 .506-acre tract located west
of Rupple Road. The proposal consists of 41 single family lots with attached and
detached residential dwelling units, as well as three lots allowing mixed use.
BACKGROUND
The property consists of a total of 11 .506 acres located west of Rupple Road, south of
Mount Comfort Road. The property is mainly large open pasture and developed for one
single family residence. This area was incorporated into the City of Fayetteville in
August of 2004 with the annexation of all islands of County property. The property is
zoned RSF- 1 and is located adjacent to undeveloped property to the north. Planned
subdivisions are located to the south and there is existing residential development to the
east and west. The applicant has submitted a request for approval of a Residential
Planned Zoning District to the west and south of this property.
The applicant requests a rezoning and preliminary plat approval for a residential
subdivision within a unique R-PZD zoning district. The proposed use of the site is for a
single family development with traditional American style bungalows and American
tudor houses encouraged consisting of 41 single family dwelling units. All lots will have
a front building setback that is a build-to line, on which all homes will be constructed,
where possible. Common drives and driveways with a 3 ' grass separation between strips
of concrete will be encouraged, and detached garages are proposed. Of the 41 lots, 22
lots are to be single family detached units. The remaining 19 lots on the western and
northern portion of the property may be constructed as either single family detached
dwellings or townhomes with either two or three attached units. The 8 lots located along
the western property line will have rear alley access, and corresponds with the lots on
Phase I.
T6i46( a 10, .W5- Ag �
�Ff"ah '� St �Ond read i� �e.�as
City Council Me ing of August 02, 2005
Agenda Item Number
Lot 24 is proposed to be owned by the Property Owner's Association and utilized for a
club house or other supporting non-residential use. The applicant has requested that
those use units allowing Eating Places and Neighborhood Shopping be permitted on this
lot and two adjacent lots to the east (lots 24-26). Specific conditions to maintain the
integrity of the overall development are recommended in the staff report.
DISCUSSION
The Planning Commission voted 7-0-0 in favor of this request on Monday, July 11 , 2005 .
Approval of a Planned Zoning District requires City Council approval as it includes
zoning (land use) as well as development approval (preliminary plat). Recommended
conditions were approved by the Planning Commission, which are reflected in the
attached staff report. Additionally, staff has made some minor alterations to the
conditions to reflect the intended rezoning request.
Public discussion included comments regarding the density of the proposed development.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1555,
OAKBROOK PHASE II, LOCATED WEST OF RUPPLE
ROAD AND EAST OF BRIDGEPORT PHASE II,
CONTAINING APPROXIMATELY 11 .5 ACRES, MORE
OR LESS ; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF FAYETTEVILLE; AND ADOPTING THE
ASSOCIATED RESIDENTIAL DEVELOPMENTPLAN
M
AS APPROVED BY THE PLANNING COMSSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
#_
Section 1 : That the zone classification�of the f(lowing describe"d'property is
hereby changed as follows: CU
From RSF-1, Residential Single Fain unit per acre, t®R-PZD 05-1555 as shown in
Exhibit "A" attached hereto and marodeeaa, part hereof.
Section 2. That the change in zoning 2lassification is based upon the
"Pi
approved master development plan and development standards as shown on the
preliminary plat andiall conditions of approval determined appropriate and approved
by the Planning Commission on July 11 , 2005.
SectionM. . That�t&hjs�or ifflikEeNhall take effect and be in full force at such
time as all of the requirements of the development plan have been met.
Section 4. Tkatthe of£ieial zoning map of the City of Fayetteville, Arkansas,
is hereby a mp nde to reflect the zoning change provided in Section 1 above.
PASSEDAND APPROVED this day of 12005.
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 05-1555
A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SEI /4) OF
THE FRACTIONAL SECTION 1 , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY
ONE (31 ) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER
OF SAID EIGHTY (80) ACRE TRACT, AND CONTINUING THENCE NO201714211E
1069. 16 FEET, THENCE S8704914211E 428.22 FEET, AND THENCE S87°09' 15"E 271 .79
FEET TO THE POINT OF BEGINNING; THENCE S87°09' 15"Ef1132.44 FEET; THENCE
S08018'00"W 225 .89 FEET; THENCE N87°00'35"W 354.57/FEET TO A FOUND IRON
PIN; THENCE S02°48'25"W 146.65 FEET TO A FOUND �RON PIN; THENCE
N87010'22"W 327.79 FEET TO A FOUND IRON PIN ,THENCE\S02050114"W 253 .09
FEET; THENCE N87°22' 17"W 28.37 FEET; THENCEQS020491,271W 216.23 FEET:
THENCE N8701 0'33"W 118.38 FEET; THENCiF;N8'N81 3'1 '56"W 50.29 FEET; THENCE
N87042' 18"W 109.00FEET; THENCE NO2° 17'42VE452.00.FEET• THENGEN87;42' 18"W
115 .00 FEET; THENCE NO2° 17'42"E 385.47 FEET TOJHE POINT OF�BEGINNING
AND CONTAINING 11 .506 ACRES, MORE ORQLESS, WASHINGTON COUNTY,
ARKANSAS.
a:
t
1
7ayve r[rev1e PC Meeting of July 11 , 2005
ARKANSAS
'rtir. CI `T' Y OI' FAYIe 'I'l- EVILI, E _. ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Subdivision Committee Members
FROM: Suzanne Morgan, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: r^t� z�L July 13, 2005
R-PZD 05-1555: Residential Planned Zoning District (OAKBROOK PHASE II, 361):
Submitted by MEL MILHOLLAND for property located W OF RUPPLE RD & E OF
BRIDGEPORT PH. II. The property is zoned RSF- 1 , SINGLE FAMILY - 1 UNIT/ACRE and
contains approximately 11 .506 acres. The request is to approve a residential subdivision with 22
single family and 19 townhouse lots proposed.
Property Owner: TRACY HOSKINS Planner: SUZANNE MORGAN
Findings:
Property Description: The property consists of a total of 11 .506 acres located west of Rupple
Road, south of Mount Comfort Road. The property is mainly large open pasture and developed
for one single family residence. This area was incorporated into the City of Fayetteville in
August of 2004 with the annexation of all islands of County property. The property is zoned
RSF- 1 and is located adjacent to undeveloped property. The applicant has submitted a request
for approval of a Residential Planned Zoning District to the west and south of this property.
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Pasture; single family residence R-A, RSF- I
South Oakbrooke Ph. I (proposed) RSF-4 & RSF- 1
East Single family homes RSF- I
West Oakbrooke Ph. I (proposed) RSF-4, RSF- I
Proposal: The applicant requests a rezoning and preliminary plat approval for a residential
subdivision within a unique R-PZD zoning district. The proposed use of the site is for a single
family development with traditional American style bungalows and American tudor houses
encouraged consisting of 41 single family dwelling units. All lots will have a front building
setback that is intended to be a build-to line, on which all homes must abut, where possible.
Common driveways are encouraged, based on information provided in the covenants. All
driveways "till be _,.,...: _,,,, Driveways are encouraged to be constructed as two narrow strips of
K:IReporis1d0051PC Reports107-11-0518-PZD 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
concrete for access with a 3-foot greenspace between (outside of the right-of-way), and detached
garages are proposed. Of the 41 lots, 22 (lots 1 - 13, 25-33) are to be single family detached units.
The remaining 19 lots on the western and northern portion of the property may be constructed as
either single family detached dwellings or townhomes with either two or three attached units.
The 8 lots located along the western property line will have rear alley access. This private alley
is 20' wide with a 12' one-way access road.
To further clarify "townhome," it is a: a row house on a small lot, which has exterior limits
common to other similar units. Title to the unit and its lot is vested in the individual owner with a
fractional interest in common areas, if any. (Source: mortgagewarehousemb. com) A townhouse
is a home that is attached to one or more other houses, but which sits directly on a parcel of land
that you also own (if you don't own the land, it is a condominium).
Process: The property on which this subdivision has been submitted consists of all and parts of
several tracts of property. The applicant has submitted a property line adjustment to create a
legal tract of land consisting of 11 .506 acres. Revisions for the property line adjustment are
being made at this time. The pFepet4y line adjustment shall be filed prior to City Council
..Side-...: ,in ,.athis requested n PZD A property line adjustment has been filed to create a
legal tract of land on which this R-PZD is being processed Approval of this R-PZD will allow
the developer to install the required infrastructure. With final plat approval, the property will be
subdivided and the property will be developed with unique development and zoning
requirements.
The following bulk and area regulations are proposed by the applicant:
ZONING CRITERIA: R-PZD 05-1463 Oakbrooke Subdivision, Phase 11
(A) Proposed Uses.
Lot Number Use Unit Type of Use
141 Unit 1 City-wide uses by right
1 -41 Unit 2 City-wide uses by conditional use
24-26 Unit 4 Cultural and Recreational Facilities
1 -41 Unit 8 Single-family dwelling
14- 18; 19-24; 34-41 Unit 9 Two-family dwelling
3441 Unit 10 Three-family dwelling
1-41 Unit 24 Home Occupations
24-26 Unit 13 Eating Places
24-26 Unit 15 1 Neighborhood Shop ing
All other uses allowed within the R-PZD zoning district shall not be permitted.
(B) Density.
For entire Subdivision
Units per acre 41 units/ 11 .506 acres = 3.56 units/acre
*The property is currently zoned RSF- 1 .
K.IReports120051PC Reports107-11-0518-P7D 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
(C) Bulk and area regulations.
Single-family Two-family Two-family Other uses
dwellings dwellings dwellings Lots 24-26
Lot minimum 47 feet minimum per 47 feet minimum per 47 feet minimum 61 feet
width dwelling/lot dwelling/lot per dwelling/lot minimum
Lot area minimum 5000 SF minimum per 5000 SF minimum per 5000 SF minimum 12,000 SF
dwelling/lot dwelling/lot per dwelling/lot
Land area per Varies. Only one dwelling 5000 SF minimum (or 5000 SF minimum 123000 SF
dwelling unit I unit per lot permitted. one lot) or one lot)
(D) Setback requirements.
Building setbacks vary. (See chart on plat for specific lot setbacks)
Front Building Setback: All lots have a 14' front building setback, which is also a build-.
to line. Therefore, all structures permitted shall be built no more than 14' from the right-
of-way, where possible.
Rear Building Setback: Range from 10' to 20' (See plat for complete chart)
Side Building Setback: Range from 0' to 10' . All single family detached or row of
townhomes permitted on these lots shall have a separation that meets building code
requirements.
(E) Height and Width. Maximum 56.5 ' height to allow for three-story structures.
(F) Building area. On any lot the area occupied by all buildings shall not exceed 60% on lots 1 -
33 and 95% on lots 34-41 .
Water & Sewer: Water and sewer lines are being extended to serve the development.
Access: Access is provided from Rupple Road and from several proposed streets within
Oakbrooke Phase I :
North: Stub-out to vacant property
South: From Oakbrooke Phase I
East: Rupple Road, a Minor Arterial
West: From Oakbrooke Phase I
Interior to the project, public streets are being provided. Most are 50' rights-of-way, with one
42 ' right-of-way (Street D). Sidewalks are located on both sides of each public street.
Adjacent Master Street Plan Streets: Rupple Road (Minor Arterial)
Street Improvements: Staff recommends the following:
K:IReporisld0051PC Reports107-11-051R-PZD 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
• An assessment for improvements along Rupple Road frontage to include
street 14' from centerline, curb and gutter, 6' sidewalk at the right-of-way,
and stone drainage.
Off-site assessment for Rupple Road Bridge over Hamestring Creek.
Tree ,Preservation: Existing: 1 . 1 %
Preserved: 0.8%
Mitigation: Six trees, on-site
Parks: The Parks and Recreation Advisory Board recommended accepting money in lieu of land
for 78 Single Family Units on March 7, 2005 . On April 4, 2005 the Parks and Recreation
Advisory Board reviewed this development again with the addition of 25 single family units
within phase II. The new recommendation was accepting money in lieu of land for 103 single
family units for phase I & II. This Phase of the development consists of 41 single family lots and
requires payment of $22,755 prior to final plat approval.
Public Comment: Staff has received numerous calls from surrounding property owners
throughout the last few months with questions and concerns regarding the proposed density and
type of use and construction. These comments have been in regard to Phase I and Phase II of the
Oakbrooke Subdivision.
Recommendation: Staff recommends the Planning Commission forward R-PZD 05-1555 to
the City Council with a recommendation of approval for the requested
rezoning and associated development plans, with the following conditions
of approval :
Conditions of Approval:
1 . Approval of construction plans for Oakbrooke Phase II are contingent upon approval
for construction plans of Oakbrooke Subdivision Phase I.
2. The final plat of Phase II may not be approved and filed until the necessary
infrastructure is installed to provide water, sewer, public access and other ordinance
requirements to all lots. If the project is contingent upon off-site water or sewer
extensions, the applicant shall be responsible for extending said lines and obtaining the
necessary easements to do so.
3 . Planning Commission determination of offsite bridge assessments. Staff recommends
that the developer be proportionately assessed for the future construction of a bridge
on Rupple Road in the amount of$2,788. 17 based on the projected impact of the 41-lot
development upon existing infrastructure. PLANNING COMMISSION
DETERMINED IN FAVOR OF A BRIDGE ASSESSMENT.
4. The developer shall be responsible to pay an assessment for improvements along the
frontage of Rupple Road to include 14' street from centerline, curb and gutter, a 6'
sidewalk at the right-of-way per Master Street Plan requirements, and storm drainage in
the amount of $ 15,900 prior to recordation of the final plat. PLANNING
K:IReporis110051PC Reports107-11-0518-PZD 05-1555 (Oakbrooke Ph. 11) - Revisedfor CC.doc
COMMISSION DETERMINED IN FAVOR OF AN ASSESSMENT FOR
STREET IMPROVEMENTS.
A property line adjustment to create a legal tract of land on which this R-PZD is
proposed shall be filed prior to City Council consideration of this project. A
PROPERTY LINE ADJUSTMENT HAS BEEN FILED AT THE
WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE.
6. All development shall meet applicable building codes for separation and other
ordinances of the City of Fayetteville.
Interior streets shall be constructed to City of Fayetteville Master Street Plan standards
and specifications, with 28 or 24 foot wide streets (as indicated on the plat) and four -
foot sidewalks on both sides, located at the right-of-way line.
8. A minimum separation of five feet from the property line shall be enforced for all curb
cuts onto the public streets, pursuant to city ordinance. All curb cuts/driveway
approaches and sidewalk construction through the driveways shall meet City of
Fayetteville Standards. The width of individual curb cuts shall not exceed 12 feet.
9. Common driveways are encouraged. If common driveways are utilized between two
property owners, the drive may be constructed on the property line.
10. Beyond the right-of-way, residential driveways are encouraged to utilize the proposed
three-foot green strip centered between concrete strips, to allow for increased
greenspace and add to the character of the development (see attached draft covenants).
11. Allowed uses, bulk and area, setback, height, lot area and width, and building area
criteria shall be enforced as noted within the staff report "Zoning Criteria" sections A-
F, as noted above. Said information shall be included on the Final Plat.
12. Lots 34-41 shall have rear vehicular access from the alley only. Lot 14 shall not access
directly onto Rupple Road.
13. The maximum number of dwelling units is 41 units.
14. There shall be a maximum building area of 60% for lots 1-33 and maximum building
area of 95% for lots 34-41.
15. Lot 26, reserved for the POA as a potential club house, shall be the responsibility of the
Property Owner's Association or other designated person. New development on this lot
(or other lots to be utilized for non-residential use) shall be in conformance with the use
units listed, and, if applicable, shall require large scale development approval.
16. Future non-residential development shall comply with the minimum standards for
development in the Unified Development Code. Structures proposed shall be reviewed
K:1ReporiA20051PC Reports107-11-0518-PZD 05-1555 (Oakbrooke Ph. 11) - Revisedfor CC.doe
to ensure appropriate architectural compatibility with adjoining residential uses is
maintained, including the incorporation of elements such as materials, roof pitches,
porches, patios, etc.
17. Payment of Park fees in the amount of $22,755 shall be submitted prior to the
application of signatures to the final plat.
18. Based on current calculations, the developer shall be responsible for on -site mitigation
to meet the Tree Preservation ordinance, in the amount of (6) 2 -inch caliper large
species trees. A planting plan, maintenance and monitoring plan, and associated three-
year bonds to mitigate for the removal of excess tree canopy is required prior to Final
Plat.
19. Mitigation trees shall be located throughout the site; a detailed tree planting plan shall
be submitted at the time of final plat for review and approval by the Landscape
Administrator.
20. The plans need to indicate the tree preservation fencing around the dripline of the
protected trees. Tree Preservation Plans shall be submitted with all revisions in order
for this item to be forwarded to the City Council for review.
21. Specific notes shall be included on the construction plans for the protection of all off -
site trees that are in close proximity to the subdivision, due to the proximity of
construction of the proposed sewer line. If any off -site trees are damaged or removed
during construction, mitigation shall be the responsibility of the developer at the time of
Final Plat. Consult the standard notes for tree protection currently on the plans.
22. The building setback chart indicates a 20' rear building setback for Lot 7. Revise the
plat to reflect this dimension. PLAT HAS BEEN REVISED.
23. The following mistakes are in the building setback chart: Lot 19 side right setback
needs to be modified to 10 feet. Reverse the left/right side setbacks on Lot 24. Reverse
the back/side left setbacks on Lot 33. Revise the order of the chart such that all lot
numbers are listed consecutively. PLAT HAS BEEN REVISED.
24. Modify the "Other Uses" column in the Bulk and Area Regulations chart (see staff
report). The applicant has modified the request to allow Use Units 4, 13, and 15 on lots
24-26. PLAT HAS BEEN REVISED.
25. The Street Information chart references Street Entrance 'F'. Please clearly identify
"Entrance `F" on the plat and revise the street width in the chart to 20'. PLAT HAS
BEEN REVISED.
26. There are two Permitted Uses charts on the plat. Remove the "Proposed Uses" chart
which references the inaccurate lot numbers. Revise the Use Unit numbers to
correspond with the correct use description and the name of Use Unit 15 within the
K:1 Reportsld0051PC Reports107-1 /-0SI R-PZO 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
"Permitted R-PZD Uses" chart on the plat. Use units must be determined at this time of
rezoning. PLAT HAS BEEN REVISED.
27. ALL REVISIONS TO THE PLAT, INCLUDING THE CLARIFICATION OF USE
UNITS AND ZONING CRITERIA TO BE ADDED TO THE PLAT SHALL BE
REVISED AND SUBMITTED BEFORE THIS ITEM WILL BE SUBMITTED TO
THE CITY CLERK'S OFFICE FOR REVIEW BY THE CITY COUNCIL.
ALL REQUESTED REVISIONS HAVE BEEN MADE.
Standard Conditions of Approval:
28. 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)
29. 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.
30. Planned Zoning District approval shall be valid for one calendar year, per city
ordinance.
31. All overhead electric lines l2kv and under shall be relocated underground. All
proposed utilities shall be located underground.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: June 27, 2005
Comments:
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Date
K:IReporis120051PC Reports107-I i-051R-PZD 05-1555 (Oakbrooke Ph. II) - Revisedfor CCdoe
Findings associated with R-PZD 05-1555
Sec. 166.06. Planned Zoning Districts (PZD).
(B) Development standards, conditions and review guidelines
(1) Generally. The Planning Commission shall consider a proposed PZD in light of the
purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development
standards and review guidelines set forth herein. Primary emphasis shall be placed upon
achieving compatibility between the proposed development and surrounding areas so as
to preserve and enhance the neighborhood. Proper planning shall involve a consideration
of tree preservation, water conservation, preservation of natural site amenities, and the
protection of watercourses from erosion and siltation. The Planning Commission shall
determine that specific development features, including project density, building
locations, common usable open space, the vehicular circulation system, parking areas,
screening and landscaping, and perimeter treatment shall be combined in such a way as to
further the health, safety, amenity and welfare of the community. To these ends, all
applications filed pursuant to this ordinance shall be reviewed in accordance with the
same general review guidelines as those utilized for zoning and subdivision applications.
FINDING: The proposed Planned Zoning District has been reviewed in light of all
applicable development and zoning ordinances. Creating a unique subdivision with a
mixture of lot sizes, housing types, and uses (residential, eating places, neighborhood
shopping, etc.) that are compatible with the surrounding developments, and preservation
of natural features on the property has been achieved. The total density of this
development is comparable to the surrounding developments, zoned RSF-4; however,
several lot sizes within this proposed subdivision are smaller and resemble those
subdivisions within and near the downtown area. Additionally, the proposal has
designated areas adjacent to undeveloped properties to be developed as slightly larger lots,
with smaller detached single family and two- and three-family lots clustered on the eastern
portion of the property. The streets within this proposed subdivision will allow for
connectivity from Oakbrooke Phase I to the west to Rupple Road. No connections are
proposed from this development to undeveloped properties to the north and southeast;
however, the proposed Street "F" to Rupple Road will create street frontage for the
property to the southeast, and connectivity to the north is provided for in Phase I of this
subdivision. The proposed subdivision open space, a unique style of housing types, use
units, building placement and lot pattern will benefit the health, safety, amenity and
welfare of the community as a whole.
(2) Screening and landscaping. In order to enhance the integrity and attractiveness of the
development, and when deemed necessary to protect adjacent properties, the Planning
Commission shall require landscaping and screening as part of a PZD. The screening and
landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part
of the development plan, a detailed screening and landscaping plan shall be submitted to
the Planning Commission. Landscape plans shall show the general location, type and
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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 42 feet
rights -of -way, with appropriate connectivity proposed. A north -south Minor Arterial
Street is indicated adjacent to the east property line, within a minimum of 45 feet of right-
of-way from centerline. All proposed streets meet City design requirements. The applicant
does propose an island at the intersection of Street F and Rupple Road. The plat has been
revised to provide 20' width between the street curb and island to comply with City of
Fayetteville Fire Code requirements. Although most lots will be accessed from the public
street, a row of lots along the western edge of the property will be accessed by way of a
private alley which is located in Phase I of Oakbrooke Subdivison. This will be a unique
feature among all surrounding developments and within the subdivision itself, emphasizing
an older pattern of development typically seen in more traditional neighborhood
developments. Staff rinds the connectivity proposed from this property to surrounding
properties adequate.
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(4) Parking standards. The off-street parking and loading standards found in Chapter 172
Parking and Loading shall apply to the specific gross usable or leasable floor areas of the
respective use areas.
FINDING: Standard parking ratios for single family units (2 spaces per unit/dwelling) is
enforced. Although some of the dwellings within this development may be attached, they
are utilized for a single family on a distinct lot and are required to comply with the single
family dwelling parking lot requirements. (See specific conditions of approval regarding
driveway construction in the staff report.) All parking areas on properties developed for
commercial/retail use shall comply with the City's Parking Lot ordinance requirements.
(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 does not provide any open space for the residents, as all lots
are to be utilized for residential or compatible recreational, eating or shopping uses. A
considerable amount of open space has been set aside for residents in Phase I of this
subdivision.
(6) Sidewalks. As required by § 166.03.
FINDING: Four -foot sidewalks are to be constructed on both sides of all interior streets;
money in lieu of construction of a six-foot sidewalk required on the side of the Collector
Street. adjacent to the subject property shall be required prior to approval of the final plat.
(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.
(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.
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C
(b) Private Streets. Private streets within a residential PZD shall be permitted subject to
the following conditions:
(i) Private streets shall be permitted for only a loop street, or street ending with a cul-
de-sac. Any street connecting one or more public streets shall be constructed to
existing City standards and shall be dedicated as a public street.
(ii) Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
(iii)All grading and drainage within a Planned Zoning District including site drainage
and drainage for private streets shall comply with the City's Grading (Physical
Alteration of Land) and Drainage (Storm water management) Ordinances. Open
drainage systems may be approved by the City Engineer.
(iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 80 units.
(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:
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Paving Width
(No On -Street Parkine)
Dwelling
Units
One -Way
Two -Way
1-20
14
22'
21+
14'
24'
*Note: If on -street parking is desired, 6 feet must be added to each side where parking is
intended.
(ix) All of
the traffic laws
prescribed
by Title VII
shall apply to traffic on private
streets
within a PZD.
(x) There shall be no minimum building setback requirement from a private street.
(xi) The developer shall erect at the entrance of each private street a rectangular sign,
not exceeding 24 inches by 12 inches, designating the street a "private street"
which shall be clearly visible to motor vehicular traffic.
FINDING: All public streets for the proposed development are indicated to be constructed
according to the adopted standards of the City. The applicant is providing a 20' private
alleyway with a paved drive 12' in width in Phase I of Oakbrooke Subdivision to provide
alley access to lots 34-41.
(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: Staff recommends approval of the Tree Preservation Plan, with a total of 0.8%
tree canopy preserved; the site currently has 1.1% existing tree canopy and 1.1% is
required to be preserved.
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(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.
(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.
(e) 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
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0 •
event a PZD is revoked, the City Council shall take the appropriate action in the city
clerk's office and the public zoning record duly noted.
(3) Effect. In the event of revocation, any completed portions of the development or those
portions for which building permits have been issued shall be treated to be a whole and
effective development. After causes for revocation or enforcement have been corrected,
the City Council shall expunge such record as established above and shall authorize
continued issuance of building permits.
(F) Covenants, trusts and homeowner associations.
(1) Legal entities. The developer shall create such legal entities as appropriate to undertake
and be responsible for the ownership, operation, construction, and maintenance of private
roads, parking areas, common usable open space, community facilities, recreation areas,
building, lighting, security measure and similar common elements in a development. The
city encourages the creation of homeowner associations, funded community trusts or
other nonprofit organizations implemented by agreements, private improvement district,
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.
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FINDING: The applicant shall comply with the above requirements, as part of the
Planned Zoning District ordinance.
Sec. 161.25 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned developments whose purpose is redevelopment, economic
development, cultural enrichment or to provide a single -purpose or mixed -use planned
development and to permit the combination of development and zoning review into a
simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the
development proposed for the district can accomplish one or more of the following goals.
(I) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and integration
of economic and redevelopment.opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive and innovative planning and design of mixed use yet
harmonious developments consistent with the guiding policies of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
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FINDING: The proposal best fits the flexibility and variety goals of the intent of the
Planned Zoning District, while also providing a development that is compatible with
surrounding residential subdivisions and providing a potential place of for recreation,
eating and neighborhood shopping on three lots (1.74 acres) within Phase II of the
development. The development will offer attached and detached single family housing
'types, with street or alley access to those lots on which townhouses are permitted, and
require homes to be built a maximum 14' from the front property line, where possible, with
detached garages to be accessed by strips of concrete to reduce the amount of impervious
surface. These development standards will result in the creation of a unique character in
this area. Open space is not proposed within this phase of the subdivision, but has been
provided in Oakbrooke Phase I, located east of the proposed subdivision. Staff finds that
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.
Community Character:
9.19.g Encourage new residential development to incorporate varying lot sizes, home
prices and types of dwelling units.
Neighborhood Commercial Areas:
9.124 Provide commercial uses that are accessible for the convenience of individuals
living in residential districts.
(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 05-
1555. 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
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predominately residential areas, consistent with the city's General Plan and the orderly
development of the city.
(b) To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land, can be
planned on a total basis.
(c) To provide a harmonious relationship with the surrounding development, minimizing
such influences as land use incompatibilities, heavy traffic and congestion, and excessive
demands on planned and existing public facilities.
(d) To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
(e) To encourage the efficient use of those public facilities required in connection with new
residential development.
FINDING: The proposed Residential Planned Zoning District allows single-family lot
development in the form of single-family detached, two-family and three-family residential
uses in a clustered pattern, allowing for more usable common open space and greater
preservation of natural amenities in Phase I of the propose subdivison. 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 within the development will ensure future street connectivity and extension of
public services to adjacent undeveloped properties.
(2) Permitted uses.
Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection
and utility f eili .
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Unit 4 Cultural and recreational facilities*
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings**
Unit 10 Three-family dwellings***
Unit 12 Offices, studios and related
Unit 13 Eating places*
Unit 15 Neighborhood shopping*
Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
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•
PROTECTIVE COVENANTS AND RESTRICTIONS
FOR OAKBROOKE SUBDIVISION
FAYETTEVILLE, ARKANSAS
PRELIMINARY
Tracy K Hoskins (Developer) does hereby establish and create the following Protective Covenants,
Restrictions and Architectural Control, which shall apply to all lots as shown on the recorded plat of the
Oakbrooke, found in Plat Book _, page
BE IT KNOWN BY THESE PRESENTS, that whereas XXXXXXXXX, trustee of the XXXXXXXXXXX
U/T/D DateXXXXXXXXXXX, as owner and developer, do hereby enter the following covenants and
restrictions:
DEFINITIONS
1. "Property" shall mean all the real property and improvements that are subject to these Covenants
and Restrictions.
2. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of
the fee simple title in any Lot which is a part of the Property, but excluding those having such interest
merely as security for the performance of an obligation.
3. "Lot" and "Lots" shall mean and refer to any parcel of land shown upon any recorded Plat of the
Property upon which there has been or may be constructed a single-family residence.
PROPERTY AND LOT RESTRICTIONS
1. GENERAL LIMITATIONS: The subdivision and building codes of the City of Fayetteville,
Arkansas, as they presently exist or are hereinafter amended, shall be and are hereby made applicable to
the Property. All dwellings, buildings, fences, walls, structures, storage buildings, swimming pools, and
improvements of every kind shall comply with said ordinances as they exist on the date of their
construction. Any conflict between City ordinances and the provisions of these Protective Covenants shall
be resolved in favor of the more restrictive provision. Building, architectural, and design specifications
shall be in accordance with the regulations set forth in the Fayetteville Zoning Ordinance designated R-
PZD (Residential).
2. SINGLE-FAMILY RESIDENTIAL LAND USE AND BUILDING, TYPE: Lots shall only be used for
single-family residential purposes. "Single Family" means one or more persons occupying a single
dwelling, provided that unless all such persons are related by blood, marriage or adoption, no such family
shall contain over three persons. No structure shall be erected on any Lot which exceeds three stories in
height. No mobile or modular housing shall be placed on any lot.
3. MINIMUM SQUARE FOOTAGE: All dwellings shall be a minimum of 1,200 square feet of heated
floor space (excluding garage), for single family detached homes; and 1000 square feet of heated floor
space for single family attached homes. Lots numbered through shall be a
minimum of 1600 square feet of heated floor space. Lots numbered through shall be a
minimum of 2000 square feet of heated floor space. Lots numbered _and _shall be a minimum of
2500 square feet of heated floor space.
4. GARAGES: Each dwelling shall have a garage for a minimum of two (2) cars with dimensions of
not less than twenty (20) feet by twenty (20) feet. No carports will be allowed. Garage openings may face
a public or private street; however, garage doors must be of decorative type i.e. "carriage". All garages,
whenever possible should be detached and located to the rear of the lot, as close to the rear property
setback as possible. Under special conditions, this covenant may be modified by the OAC (Oakbrooke
Architectural Committee).
5. YARD SPACE RESTRICTIONS AND BUILDING LOCATION: The most forward point on the front
of the house, inclusive of porches, shall be constructed at the property's front building setback line. Under
special conditions, this covenant may be modified by the OAC.
6. ROOFS: All structures constructed on the Property must use tile, wood shake or 30 -year
composition architectural shingles, and must have a minimum of a 4/12 pitch. Any roof less than a 4/12
pitch, and metal roofing must be approved by the OAC.
7. EXTERIORS: The foundations of all structures must be at least 80% brick or stone, or other
natural materials. All chimneys are encouraged to be brick, stone, or stucco. No vinyl, metal, or Exterior
Insulation and Finish Systems (EIFS) will be permitted. Though vinyl windows are permitted, the OAC
encourages the use of wood type windows. Finish floor elevation must be a minimum of eighteen inches
(18") above finished grade at the front of the structure, exclusive of garages.
8. ARCHITECTURAL CONTROL: No ranch, contemporary, modern, a -frame, log, or gambrel style
structures will be permitted. Oakbrooke is considered to be a traditional Americana neighborhood with an
emphasis on TRADITIONAL AMERICAN STYLING; CRAFTSMAN STYLE BUNGALOWS AND
AMERICAN TUDOR HOUSES ARE ENCOURAGED.
All floor plans, elevations, specifications, plot plan showing the orientation of any structure, driveway and
sidewalks, contractor, and proposed materials and colors must be submitted and approved by Tracy
Hoskins representative, Oakbrooke Architectural Committee, prior to starting construction. The OAC will
have 10 business days to approve the project or require modifications. The OAC again will have 10
business days to respond each time documents, or revisions, are submitted. Once construction
commences, revisions are discouraged, and must be approved by the OAC. The OAC will keep in its file
the original plans and specs as reference material. The submitted documents WILL NOT be returned to
the applicant.
Post certificate of occupancy; any modification of the exterior of the home must be approved by the OAC,
including any color changes.
9. YARDS / LANDSCAPING: All yards shall be fully sodded in front and in back within sixty (60) days
of a certificate of occupancy being issued by the City of Fayetteville. All dwellings shall be landscaped with
a landscaping package that is appropriate in design and color for the design of the dwelling.
10. LOT MAINTENANCE: All Lots shall be kept in a sanitary and attractive condition, and the Owner
or occupant shall keep all weeds and grass thereon cut and neatly maintained and shall in no event use
any Lot for storage of material or equipment except for normal residential purposes (except for during
construction of residences or other structures.) Construction sites shall be kept neat, safe, and clear of
debris. at all times. Construction materials should be kept to the rear of the lot, obstructed from view,
whenever possible. No burning of garbage, trash, or refuse is allowed (Except for during construction, of
residences or other structures and with the approval of the Fayetteville Fire Department).
11. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge, or shrub which obstructs sight
lines at intersections in the subdivision shall be permitted.
12. HOME OCCUPATIONS, OFFENSIVE USES OR COMMERCIAL USES: Home occupations, as
defined and set forth in the ordinances of the City of Fayetteville, shall be allowed only with prior approval
of the OAC. Further, no activity which may become an annoyance or nuisance to the neighborhood or
which shall in any way unreasonably interfere with the quiet enjoyment of any Owner of a Lot or which
degrades property values or distracts from the aesthetic beauty of the property shall be conducted
thereon. No repair work, dismantling, or assembling of any motor vehicle or boat shall be done on any Lot
unless in a fully enclosed garage or other structure, not in view from adjoining Lots or streets, and if only
for noncommercial purposes. Further, no part of any Lot shall ever be used or caused to be used or
allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing,
7.
mercantile, storing, vending or other such nonresidential purpose. No childcare businesses to be allowed
if more than four (4) unrelated children are involved. This area is for residential purposes only.
Temporary lemonade stands are encouraged!!!
13. STORAGE OF AUTOMOBILES, BOATS, TRAILERS, OTHER VEHICLES AND EQUIPMENT: No
automobiles, boats, trailers, motor homes, campers, recreational vehicles, motorcycles, buses,
inoperative vehicles of any kind, cap rigs off trucks, or boat rigging shall be parked or stored permanently
or semi -permanently on any public street right-of-way, yard area, or on driveways. Permanent or semi-
permanent storage of such vehicles or items must be completely screened from public view either within
the garage or behind a solid fence. For the purposes of these Protective Covenants, the phrase "semi-
permanent" shall be defined as remaining on or about the same Lot without offsite movement for forty-
eight or more consecutive hours. No eighteen wheel vehicles or any other vehicle requiring a commercial
driver's license may be parked on any public or private street or any portion of any Lot except to deliver
merchandise or materials to residents or construction sites.
14. VISUAL SCREENING: All clotheslines, equipment, garbage cans, woodpiles, refuse containers,
storage piles, and household projects such as equipment repair shall be screened by fencing, so as to
conceal them from view of neighboring Lots or streets. All rubbish, trash, and garbage shall be kept in
sanitary refuse containers with tightly fitting lids and shall be regularly removed from the Lots and not
allowed to accumulate thereon.
15. TEMPORARY STRUCTURES: No trailer, tent, shack, garage, barn, recreational vehicle, mobile
home, or other outbuilding shall be placed, constructed, erected or allowed to remain on a Lot if it is being
used for human habitation either temporarily or permanently.
16. STORAGE BUILDINGS: No detached outbuildings may be constructed without prior written
consent of the OAC. If consent is granted, detached storage buildings may only be placed to the rear of
the house, no closer to side lot line than the sides of the house and be a minimum of twenty (10) feet from
the rear yard line, and must be enclosed inside privacy fence. All storage buildings shall use same roof
and wall materials as used on the house.
17. FENCES: Fencing of front yard is prohibited, other than decorative fences or landscape walls, not
to exceed thirty-two inches above finished grade. No fence shall be erected that is closer to the street than
five feet behind the front main facade. No fence shall be erected on an adjoining side street that is closer
to the street than three feet behind the interior edge of the sidewalk. Chain link or wire fencing shall be
permitted only with prior approval from the OAC. All wire fencing must be screened by landscaping when
visible from any street. All wood privacy fences shall have the good side turned toward the outside of the
lot. That is, the framework that supports the fence is to be facing inward toward the back yard. No privacy
_ ...fencing shall exceed four feet in height. Any fencing, walls, or landscape walls located between the.street
and structure must be constructed of brick or stone (complementary of the structure), and must be ' -
approved by the OAC.
18. SATELLITE DISHES: All satellite dishes limited to eighteen inches in diameter shall be placed to
the rear of the residence, no closer to side yard than the rear of the house and must be enclosed in
privacy fence. Basketball goals are restricted to back yards only.
19. HEATING AND COOLING DEVICES: No structure on any Lot shall be permitted to have a
heating or cooling device located in a window or any other opening which can be viewed from the street or
adjoining Lots (this restriction does not apply during the construction of the structure).
20. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any kind shall be raised or kept
on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept or
maintained for any commercial purposes.
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 3 of 6
21. EASEMENTS SIDEWALKS AND DRIVES: Easements for installation and maintenance of utilities,
tree preservation, and drainage facilities are reserved as shown on the recorded Plat. No incinerator
structures, buildings, or similar improvements shall be built or maintained within the area of the any
easements. Owners are hereby put on notice that any structures, fencing, driveways, sidewalks, or plant
material, in the easements are subject to removal at the expense of the Owner(s) of the Lot on which the
structure, fencing, driveways, sidewalks, or plant material is located. In effort to minimize curb cuts
common drive entries are encouraged. Curb cuts for driveways shall not exceed twelve feet in width.
Each individual lot owner shall construct a four foot wide sidewalk, six feet from the back of curb.
Sidewalks shall be of a light broom finish with expansion joints four feet on center. Driveways shall be
concrete strip type with a minimum three foot green space down the center. Green strip shall begin
immediately behind the side walk and continue to the front primary wall of the structure. Driveways may be
solid with no green strip from the street to the sidewalk, and beyond the front main wall of the structure.
See attached drawing "A". Sidewalks from the entry stoop of the structure shall be built to the public
sidewalk and shall be a minimum of three feet wide.
22. MAILBOXES: Mailboxes will be installed upon each property. The particular design shall be
designated by the OAC.
23. NO LIABILITY: Tracy Hoskins, the Developer, the OAC, nor any other Owner shall be liable for
damages to anyone submitting plans and specifications for approval, or to any Owner of a Lot affected by
these Protective Covenants by reason of a mistake in judgment, negligence, or disapproval or failure to
approve or disapprove any such plans and specifications and no approval or required modification of
plans and specifications submitted shall be considered a warranty of any nature whatsoever pertaining to
the suitability of such plans and specifications. Every person who submits plans and specifications for
approval agrees that no action or suit for damage will be brought against Tracy Hoskins or the OAC, its
members, assigns, or any Owner(s).
24. DURATION OF COVENANTS: These Protective Covenants shall run with the land for a minimum
period of thirty (30) years, and shall be automatically extended for successive periods of five (5) years
without further action unless terminated by a Vote of a majority of the Owners of Lots in the Property. Each
lot owner will have one vote for each lot owned. The developer shall have five votes for each lot owned.
25. SEVERABILITY: Invalidation of any restriction set forth herein, or any part thereof, by an order,
judgment, or decree of any court, otherwise, shall not invalidate or affect any of the covenants and
restrictions, or any part thereof, set forth herein, but they shall remain in full force and effect.
26. BINDING EFFECT AND AMENDMENT OF COVENANTS: All Owners shall be deemed to have
agreed and covenanted with the Owners of all.other Lots within the Property, and with their heirs,.
successors, and assigns to conform to, and observe the restrictions, covenants, and stipulations
contained herein.
27. OAKBROOKE PROPERTY OWNERS ASSOCIATION: The Oakbrooke POA is responsible for
the upkeep, maintenance, and repair of drainage easements, private streets, landscape islands and walls,
common area sprinkler systems, tree preservation areas, and any common areas or green spaces. Each
lot owner will be assessed and annual fee of $., due and payable by January 10th of each year.
The Developer shall be the director/overseer of the POA until such time, that by majority vote of the
property owners, another is appointed. Again, each lot owner will have one vote for each lot owned. The
developer shall have five votes for each lot owned.
IN WITNESS WHEREOF this instrument has been executed this _ day of
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 4 of 6
Owner/Developer
LTSI Z16INTt4aIelgrri14n1
L0 9:ri]y_C77_�i•6Y_Fy
) SS.
COUNTY OF WASHINGTON )
On this day, before me personally appeared XXXXXXXX, to me personally known, who acknowledge that
he is the trustee of his respective trust, and that he, as such trustee, being authorized so to do, has
executed the foregoing instrument for the purposes therein contained.
Witness my hand and seal this _ day of
Notary Public
My Commission Expires:
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page5of6
Unit 25 Professional
offices
Unit
26 Multi family dwellings
* = Lots 24-26 only.
** = Lots 14-24 & 34-41 only.
*** = Lots 34-41 only.
FINDING: The proposed Use Units are permitted uses within a Residential Planned
Zoning District.
(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-1,
Residential Single Family — 1 unit per acre, to R-PZD 05-1555, with the adoption of the
associated preliminary plat.
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a
Residential Area. Rezoning this property to R-PZD 05-1555, 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-1 property to the proposed R-
PZD development for single family residential use with development of
detached/single family and two- and three-family townhomes at a density of
3.26 units per acre is consistent with the General Plan 2020 that identifies
this area for residential use. The applicant also proposes uses on three of the
41 lots that will allow for eating places and neighborhood shopping areas
which, when developed according to the ordinances set forth by the City of
Fayetteville, can be compatible with and benefit the surrounding residential
population.
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. Compatibility with
adjacent developments within the RSF-1 and R -A zoning district has been
achieved by clustering the smaller lots to the west of the property, adjacent to
K:IReports120051PC Reports107-11-051R-PZD 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
Phase I of Oakbrooke Subdivision, and platting larger lots, more similar in
size to the adjacent property, along the northern, southern, and eastern
property boundaries.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is needed in order to develop a subdivision in the
manner proposed with the R-PZD site plan.
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 410 average two-way vehicle
trips per day from this development would be created. Access to this site will
be provided from the south and west through the proposed Phase I of
Oakbrook Subdivision and a Minor Arterial Street to the east. These
surrounding streets are to be designed to accommodate the large volumes of
traffic generated by residential and regional traffic, and although Rupple
Road, the primary access into this development, is not yet improved, there
are sufficient means of access to disperse the traffic generated by
development of 41 lots and the property which could be developed for
commercial/retail uses.
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, 91 future residents in
this area, thereby altering the population density in the immediate vicinity.
Staff finds that an undesirable increase in load on public services would not
be created as a direct result of this proposed development. Public services
currently service surrounding subdivisions and the new Rupple Road
elementary/middle school is being constructed by the Boys and Girls Club,
only approximately 0.9 miles from this development. The addition of
population to this area will be benefited by these services, and it is desirable
to encourage appropriate development of properties located in close
proximity to these public amenities.
Engineering: Water: Public water is adjacent to the site. There is a 6" waterline along
Rupple Road. There are also connections that shall be made to developments
to the west, and south through existing or future stub -outs. Water service
shall be extended to the property at the time of development. Minimum size
K:IReporisL0051PC Reporrsl07-11-051R-PZD 05-1555 (Oakbrooke Ph. /1) - Revisedfor CC.doc
of new water mains is 8". No long range improvements to the water
distribution system are planned at this time for this area.
Sewer: The site does not have access to sanitary sewer. Sewer will be
available through additional developments to the north, west and south. A
study of the downstream system shall be completed prior to the submittal of
construction drawings.
Streets: Currently the site has access to Rupple Road, minor arterial. Road
improvements required for Rupple Road include: right-of-way dedication
and sidewalks per the Master Street Plan, pavement width as determined,
curb and gutter, and storm drainage.
Drainage: Drainage from the site mostly flows overland to the north and
east to the ditch line along Rupple Road, then northward to Hamestring
Creek.
Police: It is the opinion of the Fayetteville Police Department that this annexation will
not substantially alter the population density or create an undesirable increase
the load on police services nor will it create an appreciable increase in traffic
danger and congestion in the area.
Fire: The subject property is located approximately 1.1 miles from the Fire Station #7.
Response time to the property is 3 minutes with a projected response time at full
build -out to be approximately 3.5 minutes with 9 annual calls for service.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses
permitted under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K. IReports110051PC Reponsl07-11-051R-PZD 05-1555 (Oakbrooke Ph. 11) - Revised for CC.doc
C
0
161.25 Planned Zoning District
(A)Purpose. The intent of the Planned
Zoning District is to permit and
encourage comprehensively planned
developments whose purpose is
redevelopment, economic development,
cultural enrichment or to provide a
single -purpose or mixed -use planned
development and to permit the
combination of development and zoning
review into a simultaneous process. The
rezoning of property to the PZD may be
deemed appropriate if the development
proposed for the district can accomplish
one or more of the following goals.
(1) Flexibility. Providing for flexibility
in the distribution of land uses, in the
density of development and in other
matters typically regulated in zoning
districts.
(2) Compatibility. Providing for
compatibility with the surrounding
land uses.
(3) Harmony. Providing for an orderly
and creative arrangement of land
uses that are harmonious and
beneficial to the community.
(4) Variety. Providing for a variety of
housing types, employment
opportunities or commercial or
industrial services, or any
combination thereof, to achieve
variety and integration of economic
and redevelopment opportunities.
(5) No negative impact. Does not have a
negative effect upon the future
development of the area;
(6) Coordination. Permit coordination
and planning of the land surrounding
the PZD and cooperation between
the city and private developers in the
urbanization of new lands and in the
renewal of existing deteriorating
areas.
(7) Open space. Provision of more
usable and suitably located open
space, recreation areas and other
common facilities that would not
otherwise be required under
conventional land development
regulations.
(8) Natural features. Maximum
enhancement and minimal disruption
of existing natural features and
amenities.
(9) General Plan. Comprehensive and
innovative planning and design of
mixed use yet harmonious
developments consistent with the
guiding policies of the General Plan.
(10)Special Features. Better utilization
of sites characterized by special features
of geographic location, topography,
size or shape.
(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.
(C) R — PZD, Residential Planned Zoning
District.
K: IReporisl20051PC Repons107-11-0518-PZD 05-1555 (Oakbrooke Ph. 1)) - Revised for CC.doc
(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
demaiilis on planned and existing
public facilities.
(d) To provide a means of
developing areas with special
physical features to enhance
natural beauty and other
attributes.
(e) To encourage the efficient use of
those public facilities required in
connection with new residential
development.
(2) Permitted uses.
Unit I
City-wide uses by right
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related services
Unit 13
Eating places
Unit 15
Neighborhood shopping
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Professional offices
Unit 26
Multi -family dwellings
(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.
K: IReporrs12005[PC Reports107-i 1-051R-PZD 05-1555 (Oakbrook¢ Ph. II) - Revised for CC.doc
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE ARKANSAS
July 1, 2005
Suzanne Morgan
Associate Planner
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72701
Dear Ms Morgan:
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
R-PZD 05-1555 (Oakbrook Phase II, 361) submitted by Mel Milholland for property
located west of Rupple Road and east of Bridgeport Phase II would substantially alter the
population density and thereby undesirably increase the load on police services or create
an appreciable increase in traffic danger and traffic congestion.
It is the opinion of the Fayetteville Police Department this residential planned zoning
district will not substantially alter the population density and thereby undesirably
increase the load on police services or create an appreciable increase in traffic danger in
the area.
S1 rely, I_
Lieutenant Rob Turberville
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1989 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-587-3555 FAX: 479-587-3522
I.
PC Meeting of July 11, 2005
THE CITY OF FAYETTEVILLE, ARKANSAS
TREE PRESERVATION and PROTECTION REPORT
To: Fayetteville Planning Commission
From: Jeremy Pate, Landscape Administrator
Date: July 06, 2005
ITEM #: R-PZD 05-1555 (Oakbrooke II)
BACKGROUND:
Requirements Submitted:
✓
Initial Review with the Landscape Administrator
✓
Site Analysis Map Submitted
✓
Site Analysis Written Report Submitted
✓
Complete Tree Preservation Plan Submitted
Canopy Measurements:
acres 11.32
square feet 493,468
EXisting`Tr`ec Canonv'.'`` ' s i'
acres
0.13
square feet
5549
ercent of site area
1.1%
jExi94Wree Cano Rceserved
acres 0.12
square feet 3,852
percent of total site area .80%
Peicerit Nlinimilm C iriojT R ui'ed,`C I - I%,
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
FINDINGS:
The desirability ofpreserving a tree or group of trees by reason of age, location, size or species.
• The majority of mature, healthy trees located in this area are within the existing
ravine/draw that drains from the southeast to the northwest, west of the subject
property in Phase I of Oakbrooke. On this particular site are very few trees; the
property consists of primarily open field, with a few individual trees. There are two
large, high priority trees located on -site, proposed to be preserved. Two off -site trees
also exist, on the adjacent King property. These trees shall also be preserved, with
appropriate protection measures in place prior to construction.
Whether the design incorporates the required Tree Preservation Priorities.
• The design does incorporate the minimum requirements for tree preservation
priorities. Staff has worked with the applicant to maintain a canopy percentage that
removes very little of the established, mature canopy.
The extent to which the area would be subject to environmental degradation due to removal of
the tree or group of trees.
• Environmental degradation would not likely occur as a result of removal of the trees
that are currently shown to be preserved.
The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood
and the property on which the tree or group of trees is located.
• The impact of the removal of the trees north of this property would greatly affect
the adjacent property owner. Every care is to be taken to ensure that these trees
maintain a healthy state through the process of construction. The applicant shall be
responsible for the protection of these off -site trees.
Whether alternative construction methods have been proposed to reduce the impact of
development on existing trees.
• Alternative construction methods have not been proposed.
Whether the size or shape of the lot reduces the flexibility of the design.
• The size and shape of this site does not hinder design flexibility to a great degree.
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 the grouping of trees on this property is good. There is not a
noticeable sign of disease present.
The placement of the tree or group of trees in relation to utilities, structures, and use of the
property.
• The trees being preserved will not likely be affected by utility or home construction.
Those most in danger and thus necessitate greater protection arc the off -site trees to
the north.
The need to remove the tree or group of trees for the purpose of installing, repairing, replacing,
or maintaining essential public utilities.
• Public utilities will need to be installed close to several of the trees proposed for
preservation. However, every care by the developer shall be taken to ensure their
prolonged health.
Whether roads and utilities are designed in relation to the existing topography, and routed,
where possible, to avoid damage to existing canopy.
• Roads and utilities have been designed as best as possible with relationship to the
existing topography and tree canopy.
Construction requirements for On -Site and Off -Site Alternatives.
• N/A
The effects ofproposed On -Site Mitigation or Off -Site Alternatives.
• On -site Mitigation is desired, with a total of six (6) 2 -inch large species trees to be
planted. A detailed street tree planting plan will be required, and all ordinance
requirements adhered to for Residential On -site Mitigation, prior to Final Plat.
The effect other chapters of the UDO, 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 recommends this plan be forwarded to the Planning Commission.
Recommendation:
Staff recommends forwarding the Tree Preservation Plan associated with R-PZD 05-1455
to the Planning Commission, with conditions as listed below:
Based on current calculations, the developer shall be responsible for on -site mitigation to
meet the Tree Preservation ordinance, in the amount of (6) 2 -inch caliper large species
trees. A planting plan, maintenance and monitoringplan, associated three-year bonds
to mitigate for the removal of excess tree canopy is required prior to Final Plat.
Mitigation trees shall be located throughout the site; a detailed tree planting plan shall be
submitted at the time of final plat for review and approval by the Landscape
Administrator.
K. -Urban ForesterlPROJGC'ISV'lats-20051Oakbroake Phase /ATreePresen'ationReport - PC.do<
The plans need to indicate the tree preservation fencing around the dripline of the
protected trees. Tree Preservation Plans shall be submitted with all revisions in order for
this item to be forwarded to the City Council for review.
4. Specific notes shall be included on the construction plans for the protection of all off -site
trees that are in close proximity to the subdivision, due to the proximity of construction of
the proposed sewer line. If any off -site trees are damaged or removed during construction,
mitigation shall be the responsibility of the developer at the time of Final Plat. Consult
the standard notes for tree protection currently on the plans.
K:I Urban ForesrerV'ROJF:C7SIPlats-1o0.51Oakbrooke Phase I/ITreePreservationRepori - PCdoc
The following information is provided for the applicant's use in preparing an on -site.
mitigation plan:
Request for on -site mitigation
I) Planting details and notes. . Planting details and notes shall be included on the tree
preservation plan as set forth in the City of Fayetteville Tree Preservation, Protection, and
Landscape Manual.
2) Preferred species. Al! trees to be planted shall be species native to the region, when
available, and selected from the list of preferred tree species set forth in the City of
Fayetteville Tree Preservation, Protection, and Landscape Manual. Species selection shall
be based upon the amount of space available for proper growth on the site, and must be
approved by the landscape administrator.
3) Placement oftrees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development.
Trees shall not be placed within utility easements, or in other locations where their future
protection cannot be assured.
Residential On -Site Mitigation. Applicants requesting On -Site Mitigation for Residential
Subdivisions shall comply with all the provisions of § 167.04 1. 1-7, as well as the following:
(a) The Applicant's Mitigation Plan shall meet or exceed the required number of Mitigation
Trees based on the Forestation Requirements as set forth at § 167.04 1. 4.
(b) All Plans requesting Residential On -Site Mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the Applicant responsible for the health
of all planted trees.
(i) Approval of a Plan requesting Residential On -Site Mitigation shall be contingent
upon the Applicant depositing with the City an irrevocable Letter of Credit in an
amount equal to the estimated cost of materials and labor for all trees at the time of
planting. The irrevocable Letter of Credit must cover the entire three (3) year
maintenance and monitoring period. Applicant shall submit cost estimates to the
Landscape Administrator for approval.
(ii) Upon completion of the three year landscape establishment period, the Landscape
Administrator shall inspect the site and determine whether ninety percent (90%) of
the trees are healthy and have a reasonable chance of surviving to maturity. Upon
such a finding, the City shall release the Letter of Credit.
(iii) In the absence ofsuch a finding, the Applicant shall be notified to replace any
unhealthy or dead trees, or take other appropriate action as approved by the
A:IUrban ForesterL'RC)JfC7SV'laLs-70051oakbrooke Phase //17reePreservationReport - PCdoc
Landscape Administrator. If the Applicant does not take remedial steps to bring the
property into compliance, the City shall use the necessary moneys from the
Landscape Establishment Guarantee to do so.
(iv)ln the event trees are injured or destroyed by natural disasters, including but not
limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning
strikes, or through the independent actions of third parties, the applicant shall be
relieved of the responsibility of replanting the tree or trees so affected.
(B) The Applicant shall establish a bona fide Property Owners Association with a Bill of
Assurance and Protective Covenants sufficient to ensure the continued health and vitality
of the mitigation trees within the subdivision. The Bill of Assurance and Protective
Covenants shall be filed of record with the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas, and file -marked copies thereof shall be provided to the
Landscape Administrator prior to Final Plat approval.
(C) Developers requesting mitigation trees be planted along the street right of way of a
Subdivision shall submit a street tree planting plan that complies with the standards
outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual
in order to ensure. that new trees planted are of the highest quality, require low
maintenance, and do not interfere with public safety. The species of trees to be planted
shall be selected from the Approved Street Tree Species List, or be otherwise specifically
approved by the Landscape Administrator.
(i) The Applicant's Mitigation Plan for planting street trees shall describe in detail the
method for tracking the development of the individual lots, which shall best ensure
that required number and species of Mitigation Trees are planted.
(ii) The applicant shall submit an annual schedule of the initial structural pruning for
all Mitigation Trees planted along street right of ways with the name and contact
information of the International Society of Arboriculture (ISA) Certified Arborist
or pruning service performing the work
K:Wrban Fores(erV'ROJFCSIPiam-10051Oakbrooke Phase //ITreePreservationReport - PCdoc
The current owner of the property proposed as Oakbrooke is.
Tracy K. Hoskins of Paradigm Development, Fayetteville, AR.
The idea behind the Oakbrooke development is to create a
neighborhood with an "old fashioned" character, as opposed to
a typical 'snout -house' subdivision. Oakbrooke will have
homes available to a wider range of families from varied
social/economic backgrounds. Large family homes will not
over -power beginner, or more affordable homes. Interaction
between diverse groups of residence is expected and
encouraged.
Oakbrooke homes would be located forward on the lot to
create an exterior neighborhood "roomin the street. Smaller
side setbacks help create the exterior public space by
decreasing the amount of negative space in the unused side
yards. Homes will have usable front porches pulled close to
sidewalks to encourage interaction among neighbors and
create a buffer between the private residence and the public
space of the street. Garages are located to the rear of the lots
to move the blank garage door face" away from the home. Private space is created in the back
yards using the garages as screening devices. Automobiles are moved from the front of the lot to
the rear and paving is minimalized by the insertion of green space within the drive. The. homes in
Oakbrooke say, People live here, not cars'.
All roads lead home in Oakbrooke. There are no "dead end' streets, but friendly access is given
to all areas. Connectivity is supplied to all surrounding developments, both existing and future.
Intersections and streets are designed to be as convenient to pedestrians as they are to
automobiles. Sidewalks are located on both sides on the street to allow safe passage. for
pedestrians and interaction among friends: Spaces for public gardens and landscaping are
included to create community pride among neighbors and to help establish a sense of "place" and
an.
As with the surrounding developments, Oakbrooke will be a single family residential
neighborhood. However, Oakbrooke will strive for character which is lacking in nearby
developments. By not using stock plans but specifically designing each home for each lot
Oakbrooke strives to raise the standard of residential development in the Rupple Road area.
Maintaining existing trees is fundamental to the Oakbrooke Development. The flexibility to design
around trees and land features requires smaller setback dimensions. Each home will have
usable rooms in the front of the house as opposed to locating them to the rear. This gives the
neighborhood eyes on the street" aad'creates a safer and friendlier environment. Custom
signage and street lighting will help establish the individual character of Oakbrooke.
Principle reasons for the PZD request are for smaller building setback dimensions and greater
variety in the type of single family home offered.
Both water and sanitary sewer services are available to the site through the extension of existing
8' mains.
Tracy K. Hoskins
Paradigm Development
Fayetteville, Arkansas
Paradigm
DEVELOPMENT
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EMAILED TO JEREMY PATE ON 4/27/05 AT 12:02PM
PROTECTIVE COVENANTS AND RESTRICTIONS
FOR OAKBROOKE SUBDIVISION
FAYETTEVILLE, ARKANSAS
PRELIMINARY
Tracy K Hoskins (Developer) does hereby establish and create the following Protective Covenants,
Restrictions and Architectural Control, which shall apply to all lots as shown on the recorded plat of the
Oakbrooke, found in Plat Book _, page
BE IT KNOWN BY THESE PRESENTS, that whereas XXXXXXXXX, trustee of the XXXXXXXXXXX
U/T/D DateXXXXXXXXXXX, as owner and developer, do hereby enter the following covenants and
restrictions:
DEFINITIONS
1. "Property" shall mean all the real property and improvements that are subject to these Covenants
and Restrictions.
2. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of
the fee simple title in any Lot which is a part of the Property, but excluding those having such interest
merely as security for the performance of an obligation.
3. "Lot" and "Lots" shall mean and refer to any parcel of land shown upon any recorded flat of the
Property upon which there has been or may be constructed a single-family residence.
PROPERTY AND LOT RESTRICTIONS
1. GENERAL LIMITATIONS: The subdivision and building codes of the City of Fayetteville,
Arkansas, as they presently exist or are hereinafter amended, shall be and are hereby made applicable to
the Property. All dwellings, buildings, fences, walls, structures, storage buildings, swimming pools, and
improvements of every kind shall comply with said ordinances as they exist on the date of their
construction. Any conflict between City ordinances and the provisions.of these Protective Covenants shall
be resolved in favor of the more restrictive provision. Building, architectural, and design specifications
shall be in accordance with the regulations set forth in the Fayetteville Zoning Ordinance designated R-
PZD (Residential).
2. SINGLE-FAMILY RESIDENTIAL LAND USE AND BUILDING, TYPE: Lots shall only be used for
single-family residential purposes. "Single Family" means one or more persons occupying a single
dwelling, attached or detached, provided that unless all such persons are related by blood, marriage or
adoption, no such family shall contain over three persons. No structure shall be erected on any Lot which
exceeds three stories in height. No mobile or modular housing shall be placed on any lot.
3. MINIMUM SQUARE FOOTAGE: All dwellings shall be a minimum of 1,200 square feet of heated
floor space (excluding garage), for single family detached homes; and 1000 square feet of heated floor
space for single family attached homes. Lots numbered through shall be a
minimum of 1600 square feet of heated floor space. Lots numbered through shall be a
minimum of 2000 square feet of heated floor space. Lots numbered _and _shall be a minimum of
2500 square feet of heated floor space.
4. GARAGES: Each dwelling shall have a garage for a minimum of two (2) cars with dimensions of
not less than twenty (20) feet by twenty (20) feet. No carports will be allowed. Garage openings may face
a public or private street; however, garage doors must be of decorative type i.e. "carriage". All garages,
whenever possible should be detached and located to the rear of the lot, as close to the rear property
setback as possible. Under special conditions, this covenant may be modified by the OAC (Oakbrooke
Architectural Committee).
5. YARD SPACE RESTRICTIONS AND BUILDING LOCATION: The most forward point on the front
of the house, inclusive of porches, shall be constructed at the property's front building setback line. Under
special conditions, this covenant may be modified by the OAC. -
6. ROOFS: All structures constructed on the Property must use tile, wood shake or 30 -year
composition architectural shingles, and must have a minimum of a 4/12 pitch. Any roof less than a 4/12
pitch, and metal roofing must be approved by the OAC.
7. EXTERIORS: The foundations of all structures must be at least 80% wood or concrete board
siding, brick or stone, or other. natural materials. All chimneys are encouraged to be brick, stone, or
stucco. No vinyl, metal, or Exterior Insulation and Finish Systems (EIFS) will be permitted. Though vinyl
windows are permitted, the OAC encourages the use of wood type windows. Finish floor elevation must
be a minimum of eighteen inches (18") above finished grade at the front of the structure, exclusive of
garages.
8. ARCHITECTURAL CONTROL: No ranch, contemporary, modern, a -frame, log, or gambrel style
structures will be permitted. Oakbrooke is considered to be a traditional Americana neighborhood with an
emphasis on TRADITIONAL AMERICAN STYLING; CRAFTSMAN STYLE BUNGALOWS AND
AMERICAN TUDOR HOUSES ARE ENCOURAGED.
All floor plans, elevations, specifications, plot plan showing the orientation of any structure, driveway and
sidewalks, contractor, and proposed materials and colors must be submitted and approved by Tracy
Hoskins representative, Oakbrooke Architectural Committee, prior to starting construction. The OAC will
have 10 business days to approve the project or require modifications. The OAC again will have 10
business days to respond each time documents, or revisions, are submitted. Once construction
commences, revisions are discouraged, and must be approved by the OAC. The OAC will keep in its file
the original plans and specs as reference material. The submitted documents WILL NOT be returned to
the applicant.
Post certificate of occupancy; any modification of the exterior of the home must be approved by the OAC,
including any color changes.
9. YARDS / LANDSCAPING: All. yards shall be fully sodded in front and in back within sixty (60) days
of a certificate of occupancy being issued by the City of Fayetteville. All dwellings shall be landscaped with
a landscaping package that is appropriate in design and color for the design of the dwelling. Each lot shah
have, a 61ihimum.of.one "street;tree",located;on center between the.back ofcurb and;thepublic sidewalk.
The OACtshall ;deterinine.the,species :of all street trees.
10. LOT MAINTENANCE: All Lots shall be kept in a sanitary and attractive condition, and the Owner
or occupant shall keep all weeds and grass thereon cut and neatly maintained and shall in no event use
any Lot for storage of material or equipment except for normal residential purposes (except for during
construction of residences or other structures.) Construction sites shall be kept neat, safe, and clear of
debris at all times. Construction materials should be kept to the rear of the lot, obstructed from view,
whenever possible. No burning of garbage, trash, or refuse is allowed (Except for during construction of
residences or other structures and with the approval of the Fayetteville Fire Department).
11. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge, or shrub which obstructs sight
lines at intersections in the subdivision shall be permitted.
12. HOME OCCUPATIONS, OFFENSIVE USES OR COMMERCIA USES: Home occupations, as
defined and set forth in the ordinances of the City of Fayetteville (use um our), shall be allowed only with
prior approval of the OAC. Further, no activity which may become an annoyance or nuisance to the
neighborhood or which shall in any way unreasonably interfere with the quiet enjoyment of any Owner of a
Lot or which degrades property values or distracts from the aesthetic beauty of the property shall be
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 2 of 6
conducted thereon. No repair work, dismantling, or assembling of any motor vehicle or boat shall be done
on any Lot unless in a fully enclosed garage or other structure, not in view from adjoining Lots or streets,
and if only for noncommercial purposes. Further, no part of any Lot shall evef be used or caused to be
used or allowed or authorized in any way, directly or indirectly, for any business, commercial,
manufacturing, mercantile, storing, vending or other such nonresidential purpose. No childcare
businesses to be allowed if more than four (4) unrelated children are involved. This area is for residential
purposes only. Temporary lemonade stands are encouraged!!!
13. STORAGE OF AUTOMOBILES, BOATS, TRAILERS, OTHER VEHICLES AND EQUIPMENT: No
automobiles, boats, trailers, motor homes, campers, recreational vehicles, motorcycles, buses,
inoperative vehicles of any kind, cap rigs off trucks, or boat rigging shall be parked or stored permanently
or semi -permanently on any public street right-of-way, yard area, or on driveways. Permanent or semi-
permanent storage of such vehicles or items must be completely screened from public view either within
the garage or behind a solid fence. For the purposes of these Protective Covenants, the phrase "semi-
permanent" shall be defined as remaining on or about the same Lot without offsite movement for forty-
eight or more consecutive hours. No eighteen wheel vehicles or any other vehicle requiring a commercial
driver's license may be parked on any public or private street or any portion of any Lot except to deliver
merchandise or materials to residents or construction sites. -
14. VISUAL SCREENING: All clotheslines, equipment, garbage cans, woodpiles, refuse containers,
storage piles, and household projects such as equipment repair shall be screened by fencing, so as to
conceal them from view of neighboring Lots or streets. All rubbish, trash, and garbage shall be kept in
sanitary refuse containers with tightly fitting lids and shall be regularly removed from the Lots and not
allowed to accumulate thereon.
15. TEMPORARY STRUCTURES: No trailer, tent, shack, garage, barn, recreational vehicle, mobile
home, or other outbuilding shall be placed, constructed, erected or allowed to remain on a Lot if it is being
used for human habitation either temporarily or permanently.
16. STORAGE BUILDINGS: No detached outbuildings may be constructed without prior written
consent of the OAC. If consent is granted, detached storage buildings may only be placed to the rear of
the house, no closer to side lot line than the sides of the house and be a minimum of ten (10) or twenty
(20) feet from the rear yard line, where applicable (as per recorded plat), and must be enclosed inside
privacy fence. All storage buildings shall use same roof and wall materials as used on the house.
17. FENCES: Fencing of front yard is prohibited, other than decorative fences or landscape walls, not
to exceed thirty-two inches above finished grade. No fence shall be erected that is closer to the street than
five feet behind the front main facade. No fence shall be erected on an adjoining side street that is closer
to the street than three feet behind the interior edge of the sidewalk. Chain link or wire fencing shall be
permitted only with prior approval from the OAC. All wire fencing must be screened by landscaping when
visible from any street. All wood privacy fences shall have the good side turned toward the outside of the
lot. That is, the framework that supports the fence is to be facing inward toward the back yard. No privacy
fencing shall exceed four feet in height. Any fencing, walls, or landscape walls located between the street
and structure must be constructed of brick or stone (complementary of the structure), and must be
approved by the OAC.
18. SATELLITE DISHES: All satellite dishes limited to eighteen inches in diameter shall be placed to
the rear of the residence, no closer to side yard than the rear of the house and must be enclosed in
privacy fence. Basketball goals are restricted to back yards only.
19. HEATING AND COOLING DEVICES: No structure on any Lot shall be permitted to have a
heating or cooling device located in a window or any other opening which can be viewed from the street or
adjoining Lots, or adjoining land owners. This restriction does not apply during the construction of the
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 3 of 6
structure.
20. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any -kind shall be raised or kept
on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept or
maintained for any commercial purposes.
21. EASEMENTS SIDEWALKS AND DRIVES: Easements for installation and maintenance of utilities,
tree preservation, and drainage facilities are reserved as shown on the recorded Plat. No incinerator
structures, buildings, or similar improvements shall be built or maintained within the area of the any
easements. Owners are hereby put on notice that any structures, fencing, driveways, sidewalks, or plant
material, in the easements are subject to removal at the expense of the Owner(s) of the Lot on which the
structure, fencing, driveways, sidewalks, or plant material is located. In effort to minimize curb cuts
common drive entries are encouraged. Curb cuts for driveways shall not exceed twelve feet in width.
Each individual lot owner shall construct a four foot wide sidewalk, five or six4eet from the back of curb,
where applicable, as;per:finaiyplat. Sidewalks shall be of a light broom finish with expansion joints four
feet on center. Driveways shall be concrete strip type with a minimum three foot green space down the
center. Green strip shall begin immediately behind the side walk and continue to the front primary wall of
the structure. Driveways may be solid with no green strip from the street to the sidewalk, and. beyond the
front main wall of the structure. See attached drawing "A". Sidewalks from the entry stoop of the structure
shall be built to the public sidewalk and shall be a minimum of three feet wide.
22. MAILBOXES: Mailboxes will be installed upon each property. The particular design shall be
designated by the OAC.
23. NO LIABILITY: Tracy Hoskins, the Developer, the OAC, nor any other Owner shall be liable for
damages to anyone submitting plans and specifications for approval, or to any Owner of a Lot affected by
these Protective Covenants by reason of a mistake in judgment, negligence, or disapproval or failure to
approve or disapprove any such plans and specifications and no approval or required modification of
plans and specifications submitted shall be considered a warranty of any nature whatsoever pertaining to
the suitability of such plans and specifications. Every person who submits plans and specifications for
approval agrees that no action or suit for damage will be brought against Tracy Hoskins or the OAC, its
members, assigns, or any Owner(s).
24. DURATION OF COVENANTS: These Protective Covenants shall run with the land for a minimum
period of thirty (30) years, and shall be automatically extended for successive periods of five (5) years
without further action unless terminated by a Vote of a majority of the Owners of Lots in the Property. Each
lot owner will have one vote for each lot owned. The developer shall have five votes for each lot owned.
25. SEVERABILITY: Invalidation of any restriction set forth herein, or any part thereof, by an order,
judgment, or decree of any court, otherwise, shall not invalidate or affect any of the covenants and
restrictions, or any part thereof, set forth herein, but they shall remain in full force and effect.
26. BINDING EFFECT AND AMENDMENT OF COVENANTS: All Owners shall be deemed to have
agreed and covenanted with the Owners of all other Lots within the Property, and with their heirs,
successors, and assigns to conform to, and observe the restrictions, covenants, and stipulations
contained herein.
27. OAKBROOKE PROPERTY OWNERS ASSOCIATION: The Oakbrooke POA is responsible for
the upkeep, maintenance, and repair of drainage easements, private streets, landscape islands and walls,
common area sprinkler systems, tree preservation areas, and any common areas or green spaces. Each
lot owner will be assessed and annual fee of $_ , due and payable by January 10th of each year.
The Developer shall be the director/overseer of the POA until such time, that by majority vote of the
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 4 of 6
property owners, another is appointed. Again, each lot owner will have one vote for each lot owned. The
developer shall have five votes for each lot owned. -
IN WITNESS WHEREOF this instrument has been executed this day of
Owner/Developer
ACKNOWLEDGEMENT
STATE OF ARKANSAS
) SS.
COUNTY OF WASHINGTON )
On this day, before me personally appeared XXXXXXXX, to me personally known, who acknowledge that
he is the trustee of his respective trust, and that he, as such trustee, being authorized so to do, has
executed the foregoing instrument for the purposes therein contained.
Witness my hand and seal this _ day of
Notary
My Commission Expires:
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 5 of 6
Typical Lot Layout
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 6 of 6
3'
ireen
Strip
Protective Covenants and Restrictions for XXXXXXXXXXXXXXXXX
Page 7 of 6
�+� REGISTRATIONS:
ineerin i CT Same any PEAR, MO
Melvin L. Milholland, PE, PLS PLS: AR
Thomas M. Jefcoat, RLA, REM, CPESC RLA: AR
May 23, 2005 Project No. E-744
FAYETTEVILLE
125 West Mountain
Fayetteville, Arkansas
ATTN: Suzanne Morgan and Brent O'Neal
Planning and Engineering Division
RE: Oakbrooke Subdivision, Phase I and II
Dear Suzanne and Brent:
It is my opinion as a professional, having over 14 years of experience in preforming wetland
delineations, as a Registered Environmental Manager, after several cursory visits to the site and
have reviewed available data for performance of a Level 1 Determination, wetland conditions do
not exist on the subject property.
The three indicator of wetland condition, a Dominance of Hydrophytic Vegetation, the presence
of Hydric Soils, and surface characteristics to support Wetland Hydrology are not found at the
subject property. Further site investigation for the identifying plant species, collection of soil
samples, and ascertaining indicators of wetland hydrology is not warranted.
Should additional information or a concurrence be necessary, please contact MCO.
Thomas M. Jefcoat, RLA, REM 07813
Senior Projects Manager
cc: Tracy Hoskins
MAY 24 2005
205 West (enter Street; •Fayetteville, Arkansas 72101; Phone: (479) 443-4124; Far (479) 443-4707; E-mail: MC0engreswbell.net
• City of Fayetteville.
Staff Review Form
City Council Agenda Items
or
Contracts
2 -Aug -05
City Council Meeting Date
Jeremy Pates Planning Operations
Submitted By Division Department
Action Required:
R-PZD 05-1555: (Oakbrooke Phase II, 361): Submitted by Mel Milholland for property located west of Rupple Road and East
of Bridgeport Phase II. The property is zoned RSF-I, Residential Single Family, I unit per acre, and contains approximately
11.506 acres. The request is to approve a residential subdivision with 22 single family and 19 townhouse lots.
n/a
Cost of this request
n/a
Account Number
n/a
Project Number
Category/Project Budget
n/a
Funds Used to Date
n/a
$
Remaining Balance
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department irec or Date Original Contract Date: n/a
(( _ _____
Original Contract Number: n/a
'7- Ic-os
City Attorney
Received in City Clerk's Office
�Ir
Finance anJ�l rernal Service Director Date
/ R_________ 1 /eceived in Mayor's Office ENTERED
Mayor Date
�C ZOOS/4
W
The current owner of the property proposed as Oakbrooke is
Tracy K. Hoskins of Paradigm Development, Fayetteville, AR.
The idea behind the Oakbrooke development is to create a
neighborhood with an "old fashioned" character, as opposed to
a typical "snout -house" subdivision. Oakbrooke will have
homes available to a wider range of families from varied
social/economic backgrounds. Large family homes will not
over -power beginner, or more affordable homes. Interaction
between diverse groups of residence is expected and
encouraged.
Oakbrooke homes would be located forward on the lot to
create an exterior neighborhood "room" in the street. Smaller
side setbacks help create the exterior public space by
,,� 1 • ® ,� decreasing the amount of negative space in the unused side
yards. Homes will have usable front porches pulled close to
sidewalks to encourage interaction among neighbors and
create a buffer between the private residence and the public space of the street. Garages are
located to the rear of the lots to move the blank garage door "face" away from the home. Private
space is created in the back yards using the garages as screening devices. Automobiles are
moved from the front of the lot to the rear and paving is minimalized by the insertion of green
space within the drive. The homes in Oakbrooke say, "People live here, not cars".
All roads lead home in Oakbrooke. There are no "dead end" streets, but friendly access is given
to all areas. Connectivity is supplied to all surrounding developments, both existing and future.
Intersections and streets are designed to be as convenient to pedestrians as they are to
automobiles. Sidewalks are located on both sides on the street to allow safe passage for
pedestrians and interaction among friends. Spaces for public gardens and landscaping are
included to create community pride among neighbors and to help establish a sense of "place" and
arrival.
As with the surrounding developments, Oakbrooke will be a single family residential
neighborhood. However, Oakbrooke will strive for character which is lacking in nearby
developments. By not using stock plans but specifically designing each home for each lot
Oakbrooke strives to raise the standard of residential development in the Rupple Road area.
Maintaining existing trees is fundamental to the Oakbrooke Development. The flexibility to design
around trees and land features requires smaller setback dimensions. Each home will have
usable rooms in the front of the house as opposed to locating them to the rear. This gives the
neighborhood "eyes on the street" and creates a safer and friendlier environment. Custom
signage and street lighting will help establish the individual character of Oakbrooke.
Principle reasons for the PZD request are for smaller building setback dimensions and greater
variety in the type of single family home offered.
Both water and
sanitary sewer services
are available to the site through
the extension of existing
8" mains.
Tracy K. Hoskins
Paradigm Development
Fayetteville, Arkansas
Paradigm
DEVELOPMENT
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July 22, 2005
RE: Comments, City Council Meeting 7119105
Dear City Council Member:
During the City Council meeting this past Tuesday, July 19'", there were some comments made by an
adjoining property owner's representative that I feel should be addressed.
The neighbor's representative had specifically stated that the Developer, referring to myself, "had not
been flexible". I wish to point out that the same person has attended most every meeting thus far for
Oakbrooke phases one and two. I believe that the lack of flexibility referred to is a street connection she
requested only a couple of days before the final Planning Commission meeting, where she preferred
that we cul-de-sac one street and provide an additional street in another location. Though I spent in
excess of ten hours with the neighbor, on the phone and on site, and my staff had created a couple of
optional connection possibilities, she was dissatisfied with any solution offered. Further, as even the
City Planning Staff had advised her (to my best knowledge), due to the level completion of design,
including drainage, sewer, utilities, etc, where the project was in the system, and the lateness of the
request, it would be very difficult to change the design. In addition, the changes would raise the cost of
development by nearly $100,000.00. Had the neighbor requested an altered connection during the
planning stages of the project, Paradigm would have worked diligently with her, as it has always been
Paradigm's charge to work with the neighbors.
She had also spoken to an adjacent property owner by the name of Butler who had "sold his home
below market value" once he heard about Oakbrooke. I have had the opportunity to speak with Mr.
Butler and his Real Estate agent. Mr Butler offered his property for sale for $229,000.00. After a short
period of time, he sold the property for $225,000.00 or $4000.00 below his asking price. When I asked
Mr Butler if he considered the sale a "fire sale", and if he had gotten a good price, he replied "I wouldn't
have sold it if I didn't think it was a good price". My understanding is that he sold the property because
he knew that the area was going to develop, referring to three projects and was ready to move into a
more traditional neighborhood with less grass to mow.
It was also stated that the Buyers of Mr Butlers property were not inform of the development and "would
never had bought the property had they known". The Seller's broker has stated that notice was given to
the prospective Buyers on June 9'", 2005. See the attached document. In reality, the Butlers sold their
home for $116.41 per square foot; which in my professional opinion is a very good price for a fifteen
year old home. Not only did this Buyer know of the development; the Seller had a back up offer as well.
The owner's representative has complained of the lack of notification concerning the project. I
personally know that the notifications were properly handled and signage was placed as per City
ordinance. In my opinion, the City Staff has been very diligent and very helpful through the entire
Oakbrooke approval process. I will agree however, on a few occasions, the signs have indeed been
moved by someone. Regardless, the neighbor has managed to attend each and every meeting. In fact,
the only opposition to the project has come from the person until recently, when the project got to City
Council level. Only after unsuccessful attempts were made to try to satisfy the "different street
connection" issue, have other neighbors voiced concerns.
In closing, without going into details, it is my opinion that recently, someone has misinformed neighbors
about Oakbrooke and I and my staff look forward to makin� a full presentation at the upcoming special
Ward 4 meeting and the City Council meeting on August 2
Respectf
Tracy K Hoski
President
Jul 21 05 04:41p McKt t1 Real Estate 4794460 p.1
MCKINNEJV
REAL ESTATE
1 I08 ,Noah College. • Iaycrtevillo, Arkansan 7270.1 • (47(1) 442-0888 • Fax (479) 442-0860
July 21, 2005
Tracy Hoskins
Paradigm Development
443-3383 fax
Dear Tracy,
'[hank you for your phone call.
We recently sold a property located at 1893 Rupple Road for what I consider
to be a fair market price. We also had an accepted back-up offer on the
property. So I'm not aware of any declining value in property nearby. In
fact, the property values on the west side of Fayetteville have been
increasing at a steady -to -brisk pace and I don't see anything deterring the
trend.
We also wanted you to know of a Public Notice that our clients on Rupple
Rd. received and this notice was forwarded to the buyer's agent on June 9,
2005. A copy of the notice is attached. We are committed to the principle
of full disclosure. F.vcry effort is made to inform our clients and customers
of significant facts affecting their buying and selling decisions.
Don't hesitate to call us if we can help you.
Sincerely,
Nathan McKinney
Jul 21 05 04:41p McI ney Real Estate 4790860 p.2
tl(kINN1 Y
Fax:5)(-
To'
From:
McKinney Real Estate (479)442-0888 ph.
(479)442-0860 fax
RE: t
Date: Q____
Jul 21 05 04:41p McKitu Real Estate 4794460 p,3
seLi ConzP REGISTRATIONS:
yincrrinq rr'_ urveyinq PE: AR. NiO
Melvin L. Milholland, PE, PLS PLS: AR
NOTICE
PUBLIC MEETING
THE CITY OF FAYETTEVILLE HAS BEEN REQUESTED TO REVIEW & APPROVE
THE PRELIMINARY PLAT OF A PROPOSED PLANNED ZONED DISTRICT AT THE
NEXT SCHEDULED MEETINGS. A VICINITY MAP OF THE PROPOSED PROJECT
IS ATTACHED HERETO. THE BOUNDARY OF SAID DEVELOPMENT IS ADJACENT
TO PROPERTIES OWNED BY YOU OR YOURS. YOU ARE HEREBY OFFICIALLY
NOTIFIED OF THE DATE AND LOCATION OF SAID MEETINGS. COMMENTS
FROM CONCERNED PARTIES WILL BE HEARD AT MEETINGS, SCHEDULED AS
FOLLOWS:
PROJECT: OAKBROOKE SUBDIVISION, PHASE
A 11.506 ACRE DEVELOPMENT
OWNERS: FAMILY JEWELS, LLC
PROPERTY: WEST OF RUPPLE ROAD, SOUTH OF MOUNT COMFORT
ROAD AND EAST OF HIGH AVENUE, WASHINGTON COUNTY,
ARKANSAS.
MEETINGS:
SUBDIVISION COMMITTEE: DATE: JUNE 30, 2005
PLACE: ROOM #111
TIME: 8:30 AM
PLANNING COMMISSION: DATE: JULY 11, 2005
PLACE: ROOM #219
TIME: 5:30 PM
LOCATION: CITY OF FAYETTEVILLE ADMINISTRATION
113 WEST MOUNTAIN STREET
FAYETTEVILLE, ARKANSAS 72701
205 West Center Street; Fayetteville, Arkansas 12701; Phone: (479) 443.4724; F2X: (479) 443-4707; E-mail: MCOen¢r(3 wbtll net
•afavoeJ ok ri-
The current owner of the property proposed as Oakbrooke is
Tracy K. Hoskins of Paradigm Development, Fayetteville, AR.
The idea behind the Oakbrooke development is to create a
neighborhood with an "old fashioned" character, as opposed to
a typical "snout -house" subdivision. Oakbrooke will have
homes available to a wider range of families from varied
social/economic backgrounds. Large family homes will not
over -power beginner, or more affordable homes. Interaction
between diverse groups of residence is expected and
encouraged.
Oakbrooke homes would be located forward on the lot to
create an exterior neighborhood "room" in the street. Smaller
side setbacks help create the exterior public space by
decreasing the amount of negative space in the unused side
yards. Homes will have usable front porches pulled close to
sidewalks to encourage interaction among neighbors and
create a buffer between the private residence and the public space of the street. Garages are
located to the rear of the lots to move the blank garage door "face" away from the home. Private
space is created in the back yards using the garages as screening devices. Automobiles are
moved from the front of the lot to the rear and paving is minimalized by the insertion of green
space within the drive. The homes in Oakbrooke say, "People live here, not cars".
All roads lead home in Oakbrooke. There are no "dead end" streets, but friendly access is given
to all areas. Connectivity is supplied to all surrounding developments, both existing and future.
Intersections and streets are designed to be as convenient to pedestrians as they are to
automobiles. Sidewalks are located on both sides on the street to allow safe passage for
pedestrians and interaction among friends. Spaces for public gardens and landscaping are
included to create community pride among neighbors and to help establish a sense of "place" and
arrival.
As with the surrounding developments, Oakbrooke will be a single family residential
neighborhood. However, Oakbrooke will strive for character which is lacking in nearby
developments. By not using stock plans but specifically designing each home for each lot
Oakbrooke strives to raise the standard of residential development in the Rupple Road area.
Maintaining existing trees is fundamental to the Oakbrooke Development. The flexibility to design
around trees and land features requires smaller setback dimensions. Each home will have
usable rooms in the front of the house as opposed to locating them to the rear. This gives the
neighborhood "eyes on the street" and creates a safer and friendlier environment. Custom
signage and street lighting will help establish the individual character of Oakbrooke.
Principle reasons for the PZD request are for smaller building setback dimensions and greater
variety in the type of single family home offered.
Both water and sanitary sewer services are available to the site through the extension of existing
8" mains.
Tracy K. Hoskins
Paradigm Development
Fayetteville, Arkansas
Paradigm
DEVELOPMENT
b5 exa.upte
Ml
jI I i�
lr r
1 1 •
Y��1•'---/� - �.�.. •• ;1.11
;tea= ^g- tA��4 L� yI �
ar
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y� {{
yyyti �r� - � r-
• \4 C .
a 1
[� Y \ \I
Y • } L M
i AQ
,:± 1
' �'��'.�• r ; 1.
l j f_
' A it r a- _ _ _ _
ta Y
�y
i 4 6L
r \#'sr
;•
M1
Fence
Line
5`
Decorative
Fence —r
Property Line
Green
• Strip
OAKBROOKE PHASE 11
O
(®
BMM
AR 5/6 RN
NORTHING - 646.156.7666
FASTING - 657,376.7225
ELEVATION - 1246.32
BM#Z
FlP 5/8 IN
NORTHING - 643,773.6954
LASTING - 657,029.6267
ELEVATION - 1232.46
TREE CANOPY DATA
TOTAL LOT AREA - 501,187 SF
MINUS MSP R/W DEDICATION 7,779 SF - 493,468 SF
R-PZD ZONING - 25X - 123,367 SF
EXISTING CANOPY - 5,549 SF
PRESERVED CANOPY - 1.06X - 5,237 SF
MITIGATION REQUIRED - 0.06X
MOVEYOR9 DEBCR/PT)ON
A PART OF THE SOUTH HALF (57/2) OF THE SOUTHEAST QUARTER (SE)) OF THE FRACTIONAL
SECTION 1, TOWNSHIP SIXTEEN (I6) NORTH, RANGE THIRTY ONE (31) WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER
OF SAID EIGHTY (80) ACRE TRACT, AND CONTINUING THENCE NOZ'77'42-E 1069.16 FEET, THENCE
587'49'42-E 428.22 FEET, AND THENCE 587'09'!5-E 271.79 FEET TO THE POINT OF BEGINNING;
THENCE SBT09'15 [ I732.44 FEET; THENCE 508'I8'00W 221.89 FEET• THENCE N8T00'35-W
354.57 FEET TO A FOUND IRON PIN; THENCE 502'48'25-W 146.65 FEET TO A FOUND IRON PIN;
THENCE N8T10'22-W 327.79 FEET TO A FOUND IRON PIN; THENCE 502'30'14-W 253.09 FEET;
THENCE N87 -22.17-W 28.37 FEET, THENCE 50Y49''271Y 216.25 FEET: THENCE N8T10'33-W
178.38 FEET; THENCE N81.37'56 -W 50.29 FEET; THENCE N87'42'i8'W 109.00 FEET; THENCE
NO2'I7'42-E 452.00 FEET; THENCE N87-42'IB-W 175.00 FEET; THENCE N01'1 7.42 -E 385.47 FEET
TO THE POINT OF BEGINNING AND CONTAINING 11.506 ACRES, MORE OR LESS, WASHINGTON
COUNTY, ARKANSAS
I ACCORDING TO FLOOD INSURANCE RATE MAP, EFFECTIVE LUTE JULY 21, 1999,
MAP NUMBER 03 74X00830, AREAS DETERMINED TO BE OUTSIDE 500 YEW
FLOOD PLAIN.
Y ALL STREETS SHALL CONFORM TO THE ASP, AS AMENDED SEPTEMBER 17,
1996. STREET CLASSIFICATIONS RES. NO. 97-96, FOR LOCAL STREETS WITH
50' RIGHT-OF-WAY, 28' BACK-TO-BACK CURB & GUTTER, TWO 4' SIDEWALKS
TWO GREEN SPACES AT LEAST 6' WIDE, AND. RESIDENIW. STREET SECTION
CONSISTING OF B- BASE MATERIAL AND J- SURFACE.A MINIMUM SEPARATION OF
5' FROM PROPERTY LINE SHALL BE ENFORCED FOR ALL CURB CUTS, PER CITY
ORDINANCE AND HAVE A $70171 NOT TO EXCEED 12:COMMON DRIVEWAYS
HOWEVER ARE ENCOURAGED FOR UTILIZATION BETWEEN PROPERTY
OWNERS. TRIER DRIVE ENTRANCE MY BE CONSTRUCTED ON THE PROPERTY
LINESEE COVENANTS FOR DRIVEWAY CONSTRUCTION BEYOND ROM -OF -WAY.
S SOIL TYPE:
BuE - BAXTER CHERrY SILT LOAM, 12-20X SLOPES
PsC2 - PICKWICK SILT LOAM. J -8X SLOPES ERODED
CIG - CLARKSVILLE CHERIY SILT LOAM, 12-60X SLOPES
4 IN ACCORDANCE WITH CITY ORDINANCE SEC. 766.73 ALL UTILITIES SHALL BE
PLACED UNDERGROUND. EXCEPTIONS - EXISTING POWER LINES OF 12kv OR
ABOVE. OVERHEAD POWER SERVICE ALONG RUPPLE ROAD EXCEEDS 12KV
ACCORDING TO ELECTRIC COMPANY.
4 ANY ENTRY SURFACE FEATURES & ALLEYS SHALL BE MAINTAINED BY THE PDA.
S LOT / 14 SHALL NOT HAVE DIRECT ACCESS TO RUPPLE ROAD.LOTS 34-41
SHALL HAVE REAR ACCESS FROM -ALLEY ONLY.
T. EXISTRAi ZONING ON IRIS PROJECT SITE IS RSF,-7& RSF-4. THE
REVOETT<D ZONINIG IS R-PZD FOR THE ENRRE PROJECT
a THE HOUSE ON LOT 26 SHALL BE RETAINED BY THE PO4 FOR USE, AS A
POTENTIAL CLUB HOUSE AND SHALL BE THE RESPONSIBILTY OF THE PO4 OR
OTHER DESIGNATED PERSONNEW DEVELOPMENT ON 71415 OR OTHER LOTS TO
BE U77UZED FOR NON-RESIDENTW. USE SHALL BE. IN CONFORMANCE WITH USE
LISTED AND IF APPLICABLE REQUIRE LARGE SCALE DEVELOPMENT APPROVAL.
S HOUSING DENSITY FOR THIS R-PZD IS 3.56 UNITS PER ACRE.
A NO WERANDS ARE IDENTIFIED ON THIS SITE.
IL NO LO7S AVERAGE 15X OR GREATER IN SLOPE. SOME LOTS MAY CONTAIN
SLOPE OF 15X OR GREA7ER BUT NOT AVERAGE.
2 LOTS I4-78 & 19-24 MAY BE UNIT TYPES 8,9 OR 10. STRUCTURE
SEPERA77ON BETWEEN BUILDINGS OF PROPERTY LINES SHALL BE A MINIMUM OF
72 -FEET.
IS LOTS 27-32 MAY NOT BE PUTTED AS INDMDUAL LOTS UNTIL ADEQUATE
ACESS & WATER/SEWER LINES ARE CONSTRUCTED WITH DEVELOPMENT OF
PHASE LOONSRRUCTION PLAN APPROVAL PHASE II,LS CONTINGENT ON APPROVAL
OF CONSTRUCTION PLAN APPROVAL, PHASE 1.
$E DETENTION FOR PHASE 0 DEVELOPMENT IS SATISFIED BY CONSTRUCTION,
PHASE I -DETENTION AREA
PERMITTED
R -PM USER
LOT #
UNIT
7
CITY-WIDE USES BY RIGHT
7-41
UNIT
2
CITY- WIDE USES BY CONDITION4L USE PERMIT
1-41
UNIT
4
CULTURAL AND RECREATIONAL FACILITIES
24-26
UNIT
8
SINGLE-FAMILY DWELLINGS
7-41
UNIT
9
TWO-FAMILY DWELLINGS
14-16.19-24,34-47
UNIT
10
THREE-FAMILY DWELLINGS
J4-41
UNIT
24
HOME OCCUPATIONS
1-41
UNIT
IJ
EATING PLACES
24-26
UNIT
IS
NEIGHBORHOOD SHOPPING
24-26
Q) THE MAXIMIUM NUMBER OF DWELLING UNITS IS 4I- 3.56 UNITS PER ACRE.
(G) BULK AND AREA RECULA BONS.
STATE PLANE COORD/N
L) NORTHING - 646,476.0333
EASTNG - 656,6323747
POD NW PROP CORNER
£) NORTHING . 646,010.3710
LASTING - 657,369.5409
PIP SE PROP CORNER
NUMBER
RADIUS
ARC LENGTH
4 ANGLE
TANGENT
C2
150.00
237.44
90'414)
151.85
RI ill MAYA ACTRAI•AT nArA av I fly
LOT
FRONT
BACK
SIDE LEFT
SIDE RIGHT
1,2
74'
10'
6'
6'
J
14'
10'
10'
6•
4 _
14'
20'
.. 6'
10:.
5.6,7
14'
20'
6'
6'
8
14'
--
6•
14'
9,10,11,12
14'
20'
6'
6'
/J
14'
20'
20'
6'
14
14'
20'
0'
25' •
15,16.17
14'
20'
0'
18
14'
20'
10'
0'
19
I4
20'
0'
70'
20,21,22,23
14'
20'
0'
0'
24
/4'
20'
10•
0'
25
14'
20'
6'
70'
26
14'
20'
70'
6'
27
14'
10'
20'
6'
28,29
14'
10'
6'
6'
JO
14'
70'
6'
10'
J1
74'
10'
NA
6'
32
14'
10'
6'
6'
JJ
14'
6'
NA
10'
34
74'
16'
0'
20'
J5 -!I
14'
16'
O'
0'
• RUPPLE ROW FRONTAGE.
NOTE: LEFT/RIGHT DESIGN4TION IS FROM LOT FRONTAGE.
Wppo r
I
I
STREET NAME
ROW
STREET WIDTH
BR' - SK
GREEN
SPACE
SIDEWALK
WIDTH
ISLAND
ENTRANCE
STREET '0'
42'
24'
5'
4'
11 0
STREET 'E'
50'
28'
6'
4'
fl/a
STREET 'F'
SO'
2B'
6'
4'
0 a
ENTRANCE F'
70'
20'
6.5'
4'
9'
ALEY 'I' PO4
20'
12'
n a
fl/a
n 0
NOTE: RIGHT-OF-WAY IS ONE -FOOT BEHIND SIDEWALK
I
Uof
KAAE COORDINATE
.646.18.0333 J.OJJ5 0 -
)656,6J2J747
T
I!
4.
6680.. SF
II I� a
121SF
,1 SF
I
\
.A 1799; SF\
\ 709.00
T I 11 118 89
109.00' • 5188.70 SF Nr
114
1'1 109.
SINGLE-FAMILY TWO-FAMILY TWO-FAMILY OTHER USES
DWELLINGS DWELLINGS DWELLINGS LOT 24-26 M - .56
47 FEET MINIMUM PER 47 FEET MINIMUM PER 47 FEET MINIMUM PER 61 FEET 1y+1
LOT MINIMUM I4707N DWELLING/LOTi � U
DWELLING/LOT DWELL/H0/LOT MINIMUM
) ^�
3000 SF MINIMUM PER 5000 SF MINIMUM PER 5000 SF MINIMUM PER 12,000 SF )
LOT AREA MINIMUM DWELLING/LOT
ONELUNG/L07 DWELLING/LOTC
AREA PER VARIES ONLY ONE DWELLING 5000 SrSF MINIMUM (OR 5000 SF MINIMUM (OR 12000 SrSF 078 65 SF
OWELUNC UNIT UNIT PER LOT PERMITTED - ONE LOT) ONE LOT) -
LW SETBACK REQUIREMENTSLJJ
BUILDING SETBACKS VARY. 1
FRONT BUILDING SETBACK: ALL LOTS HAVE A 14' FRONT BUILDING SETBACK. (EJ HEIGHT AND WIDTH. MAXIMIUM 56.5' HEIGHT TO ALLOW FOR THREE-STORY -
WHICH IS ALSO A BUILD- TO LINE. THEREFORE. ALL STRUCTURES PERMITTED STRUCTURES. L I
SHALL BE BUILT NO MORE TH4N 4' FROM THE RIGHT-OF-WAY, WHERE
POSSIBLE. BUILDING AREA ON ANY LOT THE AREA OCCUPIED BY ALL BUILDINGS SHALL
NOT EXCEED 60% OF THE TOTAL AREA OF SUCH L07S I-JJ; AND 95X LOT
REAR BUILDING SETBACK: RANGE FROM 10' TO 20' 34-41.
SIDE BUILDING SETBACK.. RANGE 0' TO 10. ALL SINGLE FAMILY DETACHED OR
ROW OF TOWNHOMES PERMITTED ON THESE LOTS SHALL HAVE A SEPERATION
THAT MEETS BUILDING CODE REQUIREMENTS.
/ / S 8r09.15'F - 1132.44•'
2 V
66. 60i
.,, 1.60• i 61.30:
-LL-\�
?.SSF 12u1.5 Sf-I. II�'414.J9 g�
``
r® I? IW�.1g
.r
I\ 1412 0t7>S, iJ�SF
\R161\\
/6 ` / 1•-I- -L. _� , I 11.� _-'--'- y --- \ `N er0o sw ...1/ 1 1 I
�f"' \ ��, / 1/0 -�_ 1y� Il l ` I 35175/OFWA N10IH
�1. � 1 I I h,- I NQRI PLANE COORDINATES
\! E
f n ^ 1 �}� .` I I. 5,� . RTHI - 616.136.7866
e 10 & 8 Y7 - 657375.7225 \/ °� / ! „�
/ 99.H.71 SF 1" 9921OSf1 ,112081.33 SF{ /
I l ' A / i/ l
6' UE. �� I - �� I 20 U.E. L I — _
67. \ /
6730• ".5O• 7. . a•
\ /, / / LEGEND
Qp J I — — — — — — PROPOSED EASEMENT
-w \ \ / _ PROPOSED WATERLINE
� _ PROPOSED $:111fiRr' �r>YER
r .,till 6J.rl _ i1 ♦ - _ I _ ... - - .- !n✓a G CXE R i ME ./ ti j_.. - _ _ — __ . ._ EXIS77NC EDGE OF PAV£NEM r
1195- EXISTING NUMENTR I�
-- \ O STATE MONUMENT
� 0 CONCRETE MONUMENT
_y O- `I g \ •O FOUND IRON PIN • IPOJCCT
10329.92 SF I �$ SET IRON PIN II 5
/19.J6� J ypp 0 FIRE POWERPOLE
RYPOLET 1
0 SANITARY SEWER AOWHOLE
® DOUBLE WATER METER
SINGLE WATER METER `^" J
l �wr �i•v
STATE PLANE COORDINATES EXIS77NG TREE CANOPY - 2 107JO.Q3 SrSF $ WATER VALVE
L. -/0• UE. �y BM NO TINGH/NC - 613.776.6931
- 657,029.6267 j] 0 51REEi LIGNT
A /0 UL - -1 N 2&J •T7w t FIR£ HYDRANT ASSEMBLY __ P/C/N/TY AGP
18 ® LOT NUMBER
8 SF In c MS77NG STRUCTURE
rr EXIS17NG BOUNDARY
EXIS17NG WATER LINE
ro/rrb-9Jr EXIS17NG GAS LINE
'ry 2 LOed a HILT Lxiri EXISTING SANITARY SEWER
• N �-D& z '.b1 EXISTING OVERHEAD ELECTRIC
Ig b lML`.9-1
��B2.T.LM SF h PROPOSED STREET CENTERLINE
PROPOSED I PROPOSED LOT LINE
-WAY
PROPOSED CURB AND GUTTER
PROPOSED SIDEWALK
S 8 • SW/TAR)'MANHOLE
8189.80 5E ol>$ y
ITAJe WATER AGVN CON EC77ON \ ® DROP INLET
�� DURING CONSTRUC77
\ 1 &M, OF PHASE l \ \ 1 - ®Q FLARED END SECTION
rJTw 5D.
OJT-IIbI-W/ � � rl �'
1181 66 SF h L ' \ \ \ //%i 6-1' CONDun SCALE: 1" = 100' — 1� t zt- n-, 1
I 1� ® TEMPORARY ACCESS EASEMENT 0 50' 100' 200'
� OF CULDESAC
N 1
I N
0
,IlOdi 9 SF \ /
I+N
Co
N•"N I '/ '�{
•
SFNLLK WIpM 1KAL
%16• NN S 82"10,2' 254.30' 7
/.
`, PREL/M/NARY PLAT-R-PZD
FAYEmVu£ OAKBROOKE BUBDMBION
� m PROFESSIONAL
n m ua �K— SUBMITTED FOR: REVISIONS DEVELOPER/OWNER: (TRACY HOSKINS) CO ENGINEERS '�Ir ^ 6X6 7S/Cy PARADIGM DEVELOPMENT
99 \
� -- ! I / / {I i . �\ 8X6 RED 1893-? W. 6TH STREET
f FAYET7EV/LLE ARKANSAS 7270.7 a—-, O7 OS 03 07/06/03 MCp 179-392-3636 SURVEYING
airmin 08/02/03 05/06/05 MOO ZONI : RSF- I A SC LE:1 100 SPECIALISTS g
AREA• I1.506 ACRES Insr BOOK: 361
W. Canto
GRADING, ERSION CONTROL & TREE PRESERVATION AND MITIGATION PLAN
OAKBROOKE PHASE 11
CANOPY CALCULA77ONS
TOTAL SITE ACREAGE:
11.506 ACRES
(507,787
50.
R.)
LESS LISP ROW
0.177 ACRES
( 7,719
50.
A.)
DEVELOPED SITE ACREAGE
71.329 ACRES
(493,468
SO,
FT.)
ZONING REQUIRED TREE
PRESERVATION PERCENTAGE
25.001
SITE PRESERVATION ACREAGE 0 25X:
2.832 ACRES
(123,367
50.
FT.)
TOTAL AREA OF EXISTING CANOPY.'
0.727 ACRES
( 5,549
$0.
FT.)
PRESERVED EXISTING TREE CANOPY.
0.720 ACRES
( 3.582
SO.
FT.)
_ REPLACEMENT CANOPY NEEDED:
0.007 ACRES
( 7967
SO.
FT.) - 9 TREES
O
SIGNIFICANT TREES
TAG NO.
TRUNK
DIAMETER
DESCRIPTION
50. FT.
GENERAL
HEALTH
PRIORITY &
ACTION
Ito
14'
HACKBERRY
7257
GOOD
HIGH, SAVE
777
JO
QAK
3848
GOOD
HIGH, SAVE
772
J2'
SYCAMORE
4072
GOOD
OFFSITE
173
18'
MACKBERRY
1385
NOTE: PROVIDE TREE PRESERVA7ION FENCING AND CONSULT CITYS
LANDSCAPE ADMINISTOR IN ROOT -PRUNING OF TREES
TAGGED T-113 AND T-112 DURING CONSTRUCTION ACTIVITIES.
C?Y OF FAYET7EVILLE STANDARD NOTES FOR TREE AND NATURAL AREA PROTECTION
= ALL TREES AND NATURAL AREAS SHOWN ON THIS PLAN ARE TO BE PRESERVED AND 7 WHERE ANY OF THE ABOVE EXCEPTIONS RESULT IN A FENCE BEING CLOSER TRW 4 FEET
PROTECTED DURING CONSTRUCTION WITH TEMPORARY FENCING. TO A TREE TRUNK, PROTECT THE TRUNK WITH STRAPPED ON PLANKING TO A HEIGHT OF
Q PROTECTIVE FENCES SHALL BE ERECTED ACCORDING TO CITY OF FAYETTEWLLE PRo FEET LIMITS OF LOWER BRANCHING) IN ADDITION TO THE REDUCED FENCING
STANDARDS FOR TREE PROTECTION.
a PROTECTIVE FENCES SHALL BE INSTALLED PRIOR TO THE START OF ANY SITE
PREPARAFAGN WORK AND SHALL BE MAINTAINED THROUGHOUT ALL PHASES OF THE
COAISTRUCT70N PROJECT
EROSION AND SEDIMENTATION CONTROL BARRIERS SHALL BE INSTALLED AND
MAINTAINED IN A MANNER WHICH DOES NOT RESULT IN SOIL BUILD-UP 141771 TREE DRIPUNES.
Q PROTECTIVE FENCES SHALL SURROUND THE TREES OR GROUP OF TREES AND 07LL BE
LOCATED AT THE DRIPUNE FOR NATURAL AREAS PROTECTIVE FENCES SHALL FOLLOW
THE LIMIT OF CONSTRUCTION LINE IN ORDER TO PREVENT THE FOLLOWING:
A SOIL COMPACTION IN THE ROOT ZONE AREA RESULTINO FROM VEHICULAR TRAFFC
OR STORAGE OF EQUIPMENT
B. ROOT ZONE DISTURBANCES DUE TO GRADE CHANGES (GREATER TAN 6) OR
TRENCHING NOT REVIEWED BY COY ARBORIST
C. WOUNDS TO EXPOSED ROOTS. TRUNK OR LIMBS BY MECHANICAL EQUIPMENT
O. OTHER ACTIVITIES DETRIMENTAL TO TREES SUCH AS CHEMICAL STORAGE. CEMENT
TRUCK CLEANING. AND FIRES
a EXCEPTIONS TO INSTALLING FENCES AT FREE DRIPLINES MAY BE PERMITTED IN THE
FOLLOWING CASES:
A WHERE THERE IS TO BE AN APPROVED GRADE CHANGE. IMPERMEABLE PAVING
SURFACE. TREE WELL, OR OTHER SUCH SUE DEVELOPMENT
B. WHERE PERMEABLE PAVING IS TO BE INSTALLED WITHIN A TREE'S ORIPUNE.
ERECT THE FENCES AT THE OUTER UMHTS OF THE PERMEABLE PAVING AREA
(PRIOR TO SITE GRADING SO THAT THIS AREA IS GRADED SEPARATELY PRIOR
TO PAVING INSTALLA77ONN TO MINIMIZE ROOT LAMAGE)
C. WHERE TREES ARE CLOSE TO PROPOSED BUILDINGS, ERECT THE FENCE TO ALLOW
6 TO 10 FEET FOR WORKSPACE BETWEEN THE FENCE AND THE BUILDING;
D. WHERE THERE ARE SEVERE SPACE CONS TEA/HIS DUE To TRACT SIZE, OR OTHER
SPECIAL REQUIREMENTS
ALED STRAW DITCH CHECK -
;TD. LENGTH PER BALE IS APPROX/U4TEL Y 3.4)
1
M/N.
STAKES(
GENERAL NOTES•
7. STRAW SAES SHALL BE INSTALLED so TRAY THE BINDINGS ARE
ORIENTED AROUND THE SIDES RATHER THAN ALONG THE TOPS AND
BOTTOMS OF THE BALES. THE BALES SHALL BE A MINIMUM OF 2.5
L.F. IN LENGTH.
2. STRAW BALES SHALL BE KEYED INTO SOIL A MINIMUM OF 4' AND
NO DAPS SHALL BE LEFT BETWEEN BALES.
J. BASE BID PRICE PER L.F. FOR 7N -PUCE' AND MAINTENANCE OF
STAB/WA NON METHOD AS UNIT PRICE.
a TREES APPROVED FOR REMOVAL SHALL BE REMOVED IN A MANNER WHICH DOES NOT
IMPACT TREES TO BE PRESERVED.
ANY ROOTS EXPOSED BY CONSTRUCTION ACTIMY SHALL BE HAND PRUNED FLUSH WITH
THE SOIL. SACKFUL ROOT AREAS WITH GOOD QUALITY TOP SOIL AS SOON AS POSSIBLE
IF EXPOSED ROOT AREAS ARE NOT BACKFILLED WITHIN 2 DAYS, COVER THEM WITH ORGANIC
MATERIAL IN A MANNER WHICH REDUCES SOIL TEMPERATURE AND MINIMIZES WATER LOSS
DUE 70 EVAPORATION.
la ANY TRENCHING REWIRED FOR THE INSTALLATION OF LANDSCAPE IRRIGATION SHALL BE
PLACED AS FAR FROM EXISTING TREE TRUNKS AS POSSIBLE.
ft NO LANDSCAPE TOPSOIL DRESSING GREATER THAN 4 INCHES SHALL BE PERMITTED WITHIN
THE DRIPLINE OF TREES. NO SOIL IS PERMITTED ON THE ROOT FLARE OF ANY TREE.
Q PRUNING TO PROVIDE CLEARANCE FOR STRUCTURES, VEHICULAR TRAFFIC. AND EQUIPMENT
SHALL TAKE PLACE BEFORE CONSTRUCTION BEGINS.
la ALL FINISHED PRUNING MUST BE DONE ACCORDING TO RECOGNIZED, APPROVED
STANDARDS OF THE INDUSTRY (REFERENCE THE NATIONAL ARBORIST ASSOCIATION PRUNING
STANDARDS FOR SHAD TREES AVAILABLE UPON REQUEST FROM CRY ARBORIST).
14 VEVLAT/ONS FROM THE ABOVE NOTES MAY BE CONSIDERED AN ORDINANCE VIOLATIONS IF
THERE IS SUBSTANTIAL NON-COMPLANCE OR IF A TREE SUSTAINS DAMAGE AS A RESULT.
iR ALL OFF -SITE TREES IN CLOSE PROXIMITY WITH PROPERTY LINE AND/OR THAT OF
PROPOSED CONSTRUCTION SHALL BE PROTECTED IN ACCORDANCE WITH THESE NOTES.
N� 70 FLOOD INSURANCE RATE MAP, EFFECTIVE DATE JULY 21, 1999, MAP
NUMBER 05?4J0008JD. AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOD PLAIN.
Y ALL STREETS SHALL CONFORM TO THE MSP, AS AMENDED SEPTEMBER 17, 1996,
STREET CLASSIFICATIONS RES. NO. 97-96. FOR LOCAL STREETS WITH 50'
RIGHT-OF-WAY, 28' BACK-TO-BACK CURB & GUTTER, TWO 4' SIDEWALKS, TWO GREEN
SPACES AT LEAST 6' WIDE AND RESIDENTAL STREET SECTION CONSISTING OF 8' BASE
MATERIAL AND J' SURFACE.
S SOIL TYPE: '
BoE - BAXTER CHERTY SILT LOAM, 12-201 SLOPES
PSC2 - PICKWICK SILT LOAM. J-81 SLOPES ERODED
CIG - CLARKSVLLE CHERTY SILT LOOM, I2-601 SLOPES
4 THE DETENTION FACILITY SHALL BE SODDED BY DEVELOPER AND FUTURE MAINTENANCE
BY PDA
Q IN ACCORDANCE WITH CITY ORDINANCE SEC. 166. IJ'ALL UTILITIES SHALL BE PLACED
UNDERGROUND. EXCEPTIONS - EXISTRNG POWER LINES OF 12kv OR ABOVE.
n ANY ENTRY SURFACE FEATURES & ALLEYS SHALL BE MAINTAINED BY TH£ POA
7 NO LOT SHALL HAVE DIRECT ACCESS TO RUPPLE ROAD.
B THE HOUSE ON LOT 26 SHALL BE RETAINED AS A CLUB HOUSE.
NO LOTS HAVE AN AVERAGE OF 151 OR GREATER SLOPE.
A LOCATION OF MATERIAL/SOILS/SPOILS STORAGE SHALL BE WITHIN LOTS I9-24.
1L, THE P. OA SHALL PROVIDE TREE MITIGATION MAINTENANCE & MONITORING DURING THE
THREE (3) YEAR BOND PERIOD TO MEET MITIGATION REQUIREMENTS.
Lth
• STAKING AS REQUIRED
• PLANT SO THAT TOP OF ROOT BALL
IS EVEN WITH THE FINISHED GRADE
STAKE ABOVE FIRST BRANCHES
OR AS NECESSARY FOR FIRM
SUPPORT
PAINT ALL CUTS OVER 7DAM.
FLAG ALL GUYING WIRES WITH
SURVEYING TAPE
2 STRAND 12 GL4AGE GALA.
WIRE MISTED AND ENCASED
IN I' DAM. RUBBER HOSE)
J SUPPORTS SHALL BE)
USED ON AWN TRUNKJ�
FORM SAUCER W1TH
J' CONTINUOUS RIM
3 2x4)24' PRESS. TREATED
STAKES. 70P OF STAKE SHALL
BE FLUSH WITH GRADE
SPECIFIED PLANTING M
WATER & TAMP TO
REMOVE AIR POCKETS
SPREAD
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ORANGE CONSTRUCTION FENCE.
BARB LIRE. G WIRE M£5N0
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SEDIMENT A EROSION CONTROL NOTES.'
1 ALL PERMITS REQUIRED FROM D.P.C& E.. CORPS OF ENGINEERS,
FEDERAL AND CITY OF FAYETIENLLE REGARDING RUNOFF, EROSION
CONTROL. AND GRADING SHALL BE OBTAINED BEFORE BEGINNING
CONSTRUCTION.
& ALL EROSION & SEDIMENT CONTROL DEVICES SHALL BE CONSTRUCTED
IN ACCORDANCE WITH THE CITY OF FAYETIEYILLE's DRAINAGE CRITERIA
MANUAL.
S ALL EROSION & SEDIMENT CONTROL DEVICES SMALL BE MAINTAINED
THROUGHOUT THE CONSTRUCTION PROCESS.
4 ALL EROSION & SEDIMENT CONTROL DEVICES SHOWN SHALL BE
INSTALLED BEFORE CONSTRUCTION BEGINS. ADDITIONAL HAY 54113
AND/OR SILT FENCES SMALL BE PLACED AROUND STORM OPNNAGE
INLETS AND POINTS OF DISCHARGE IMMEDIATELY AFTER THEIR
CONSTRUCTION. THOSE ITEMS SHALL REMAIN IN PLACE UNTIL DEEMED
SAFE TO REMOVE BY ENGINEER.
S ALL DISTURBED AREAS SHALL BE MULCHED AND SEEDED WITH A
MIXTURE OF CRASS SEED TO INSURE YEAR-ROUND GROWTH.
DIRECTION OF
NO FLT
TREE PROTECTION FENCING
T?VI-rIEA`,i
I _-ATTACHED
C TEXTILE
E
ATTACHED
TO POST
CEO TEXTILE ANCHOR
TRENCH BACKFILLED WITH
TAMPED NATURAL SOIL
MIN
6" MIN.
_ J_.1 _ 1 £D♦ *i ._
GRADING NOTE&
1 ALL CUT & FILL AREAS ADJACENT TO STREET SHALL HAVE A MAXIMUM
SLOPE OF J:I AND BE SODDED UPON CONSTRUCTION COMPLETION.
Y ALL FILL MATERIAL COMPOSITION SHALL MEET THE CITY OF
FAYETTENLLES MINIMUM CRITERIA AND BE COMPACTED TO 95X
STANDARD PROCTOR UNDER ALL STREET SURFACES AND 901 STANDARD
PROCTOR ELSEWHERE.
S CONTRACTOR & ENGINEER' INSPECTOR ARE TO INSPECT SITE ON A
DAILY BASIS WHEN CONSTRUCTION IS IN PROGRESS, AND IF NECESSARY.
ORDER WATER TRUCKS TO DAMPEN DISTURBED AREAS IN ORDER TO
CONTROL DUST.
A( NO TRACKING FROM SITE WILL BE PERMITTED ON TO RUPPLE ROAD.
PROMPT AND COMPLETE CLEANING OF RUPPLE ROAD WILL BE REQUIRED
OF TIME CONTRACTOR BY THE CITY SHOULD/WHEN TRACKING OCCURS.
SURVEYOR'S DEBCR/P710PL -
A PART OF THE SOUTH HALF (51/2) OF THE SOUTHEAST QUARTER (SE) OF THE FRACTIONAL
SECTION?, TOWNSHIP SIXTEEN (16) NORTH. RANGE THIRTY ONE (51) WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER
Or SAID EIGHTY (80) ACRE TRACT, AND CONTINUING THENCE NOZ-17.42-E 7069.16 FEET, THENCE
58749'42E 428.22 FEET, AND THENCE 587'OP'lS'E 271.79 FEET TO THE POINT OF BEGINNING;
THENCE 58709'157 1132.44 FEET THENCE 50S78'OO W 225.89 FEET; THENCE N8T00$5'w
454.57 FEET 70 A FOUND IRON PIN; THENCE S02'48'25W 146.65 FEET TO A FOUND IRON PIN:
THENCE N8T1022"M 527.79 FEET TO A FOUND IRON PIN; THENCE 502.50'74-W 253.09 FEET;
THENCE N87-22'7YW 28.37 FEET; THENCE 5074927-W 216.25 FEET: THENCE N87IO'3.'W
118.38 FEET; THENCE N87'3I'56'W 50.29 FEET; THENCE N674218W 709.00 FEET; THENCE
NOZ'17'427 452.00 FEET, THENCE N8742'ID'W 715.00 FEET; THENCE N01'17'42E 385.47 FEET
TO THE POINT OF BEGINNING AND CONTAINING 11.506 ACRES, MORE OR LESS. WASHINGTON
COUNTY, ARKANSAS.
GADING, 14'ROSION CONTROL.
SCALEI1' 100TB's' PRE'SB'R VA TlON a- MITIG4 TION PLAN
0 5 1T�T--0 00'
YETTEVILLE OAKBROOKE R-PZD
ARKANSAS
m PROFESSIONAL
V/3/ONSh DEVELOPER/OWNER: (TRACY HOSKINS) CO ENGINEERS
PARADIGM DEVELOPMENT
1895-2 WEST 61H STREET
FAYETTEVILLE, AR. 72701 II -IL - LL_. _ _I
W. C4nbr
SURVEYING
SPECIALISTS
I
/36/or
THE CITY OF FAYETTEVILLE, ARKANSAS
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, Planning and Development Management
DATE: August 30, 2005
SUBJECT: Oakbrook Subdivision Sewer Assessment
BACKGROUND
Staff has recently made statements that all new development within the
Hamestring/Owl Creek Sewer Basin that have not already been approved by
the Planning Commission will be required to pay a sewer assessment. This
assessment would fund potential interim lift station and force main sewer
improvements to serve the basin if necessary prior to the new wastewater
treatment plant being completed.
The current process of requiring on -site and off -site improvements is
typically determined at the Planning Commission level. Oakbrook
Subdivision Phase 1 was submitted on April 14, 2005, and approved by the
Planning Commission on June 27, 2005. Oakbrook Phase 2 was submitted
on May 19, 2005, and approved by the Planning Commission on July II,
2005. The City was informed by an ongoing detailed study of the reduced
capacity within the basin at the end of July 2005.
After further consideration of the timing of Planning Commission approval
for Oakbrook Subdivision Phases I and 2, staff recommends this
development be allowed to proceed without a condition for a sewer
assessment.
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O____ gn il8CC 17:20:77 AM
GREATESTPROBLEM
�`- Proper placement of a traffic signal when
WellSpring V.nd (east side of Rupple Rd) is
developed. 1200 units will be using this street
tP plan. Traffic will be going through these
two developments at all sides.
-//
•= OAKBROOKE
Street Design Problems
STREET A - Line of sight
on curve.
STREET B - Entrance from
Bellwood (temp. cul-de-sac)
to close to entrance to
Rupple Rd,
STREET C - Connectivity
to Bellwood, 100 ft. between
• intersection, should be lined
up.
STREET D- Encourages cut
through from North.
BELL WOOD
PATRICK ST.- designed to
be a through street to
Rupple Rd. 15 yrs. ago.
This puts more traffic
moving through
neighborhood. Temp. Cul-
de-sac to close to major
intersection - Lines up with
Spring Oe�eloPment
I R-PZD-05-1463 •
.,
SEPTEMBER 2, 2005
RESIDENTIAL PLAN ZONING DISTRICT OF OAKBROOKE SUBDIVISION
PHASE I& II
108 AMERICAN STYLE BUNGALOWS ON APPROX. 32 ACRES IN THE
CRAFTSMAN STYLE. SMALLER ATTACHED AND DETACHED ROW HOUSES
(TOWNHOUSES) AT 1000 SQ. FT. OR GREATER, ADJACENT TO BRIDGEPORT
COMMUNITY. CITIZENS ARE AFRAID THAT THESE SMALL UNITS WILL TURN
INTO RENT HOUSES AND EVENTUALLY RUIN THE CHARACTER OF THIS FINE
ESTABLISHED NEIGHBORHOOD.
WE ALSO WANT ASSURANCES THAT OAKBROOKE HAS A SOUND
CONSERVATION PLAN, REGARDING THE EFFECTS OF THE REMOVAL OF THE
TWO EXISTING, GOVERNMENT FUNDED, "RETENTION PONDS" WILL HAVE ON
OUR ENVIRONMENT. ACCORDING TO A "STUDY" AIRED ON "PUBLIC ACCESS
TV", IN JULY, 2005 WASHINGTON COUNTY HAS A PROBLEM WITH CREEK BANK
EROSION AND SILT INFILTRATION INTO OUR STREAMS, LAKES AND SEWER
SYSTEMS, CAUSED IN PART BY POORLY PLANNED DEVELOPMENTS AND
INSPECTION OVERSIGHTS.
BUILT IN THE 1960'S, THESE OLD "RETENTION PONDS" HAVE
ADEQUATELY KEPT THIS FROM HAPPENING FOR OVER 45+ YEARS, AS WELL AS
PRESERVING AN ECOSYSTEM OF INTERMITTENT WET LANDS AND WILDLIFE
HABITAT.
NOTE: BRIDGEPORT'S AND MRS. KING'S GREENSPACE AND TREE
PRESERVATION AREAS BELOW THESE PONDS HELP PROTECT STORM WATER
DAMAGE FROM OCCURRING AS THEY FALL OVER 100 FEET DIRECTLY INTO
HAMSTRING CREEK.
LET US MAKE SURE WE DON'T ALLOW THE EROSION TO START AGAIN.
PROTECT THESE VERY VALUABLE SITES IN OUR COMMUNITY.
THERE IS A CONTRADICTION IN OAKBROOK'S PROPOSED COVENANTS.
IT IS STA TED THAT ALL FENCES OR SCREENING NOT BE OVER 4 FEET IN
HEIGHT AND OF THE PICKET TYPE.
THE SCREENING COVENANT STA TES THAT ALL BOA TS, RV'S OR OTHER
OFFENSIVE OBJECTS BE SCREENED FROM ALL ADJACENT PROPERTY OWNERS.
THIS IS IMPOSSIBLE BECA USE OF THE 4 FOOT FENCE HEIGHT LIMITA TION.
IT IS BECA USE OF THIS CONTRADICTION THAT WE PLEAD WITH THE CITY
COUNCIL TO ADOPT THIS PARA GRAPH FOR THIS PZD AND ALL PZD 'S HEREAFTER
TO SOLVE FUTURE DISPUTES WITH ADJACENT PROPERTY OWNERS AND
ESTABLISHED NEIGHBORHOODS.
ALL PERIMETERLOTSTHATAREADJACENTTO THEBOUNDARYOFTHE PZD
OR ADJACENT TOANYBOUNDARY OR PERIMETER STREET RIGHT-OF-WAY, MUST
CONFORM TO THE CITY CODES, REGULATIONS, AND COVENANTS OF THOSE
PROPERTIES. *Paraphrased from the City of Bentonville Code Handbook.
WE ARE ASKING THE WY COUNCIL TO VOTE NO OR 0 LEAST TABLE THIS
DEVELOPMENT UNTIL SOME BILL. OF ASSURANCE FROM THE DEVELOPER
TRACY HOSKINS, CAN BE OBTAINED.
NAME ADDRESS WARD PHONE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
ivnmt
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
3b.
37,
31.
39.
110.
41,
yu.
i3.
KN.
H6 .
117,
97.
H9.
So.
Ac{— dfP=
R-PZD-05-1463
SEPTEMBER 2, 2005
El
-RESIDENTIAL PLAN ZONING DISTRICT OF OAKBROOKE SUBDIVISION
PHASE I& II
108 AMERICAN STYLE BUNGALOWS ON APPROX. 32 ACRES IN THE
CRAFT-SMAN-STYLE.- --SMALLER ATTACHED--AND-DETACHED--ROW-HOUSES-
(TOWNHOUSES) AT 1000 SQ. FT. OR GREATER, ADJACENT TO BRIDGEPORT
COMMUNITY. CITIZENS ARE AFRAID THAT THESE SMALL UNITS WILL TURN
INTO RENT HOUSES AND EVENTUALLY RUIN THE CHARACTER OF THIS FINE
ESTABLISHED NEIGHBORHOOD.
WE ALSO WANT ASSURANCES THAT OAKBROOKE HAS A SOUND
CONSERVATION PLAN, REGARDING THE EFFECTS OF THE REMOVAL OF THE
TWO EXISTING, GOVERNMENT FUNDED, "RETENTION PONDS" WILL HAVE ON
OUR ENVIRONMENT. ACCORDING TO A "STUDY" AIRED ON "PUBLIC ACCESS
TV", IN JULY, 2005 WASHINGTON COUNTY HAS A PROBLEM WITH CREEK BANK
EROSION AND SILT INFILTRATION INTO OUR STREAMS, LAKES AND SEWER
SYSTEMS, CAUSED IN PART BY POORLY PLANNED DEVELOPMENTS AND
INSPECTION OVERSIGHTS.
BUILT IN THE 1960'S, THESE OLD "RETENTION PONDS" HAVE
ADEQUATELY KEPT THIS FROM HAPPENING FOR OVER 45+ YEARS, AS WELL AS
PRESERVING AN ECOSYSTEM OF INTERMITTENT WET LANDS AND WILDLIFE
HABITAT.
NOTE: BRIDGEPORT'S AND MRS. KING'S GREENSPACE AND TREE
PRESERVATION AREAS BELOW THESEPONDS HELP PROTECT STORM WATER
DAMAGE FROM OCCURRING AS THEY FALL OVER 100 FEET DIRECTLY INTO
HAMSTRING CREEK.
LET US MAKE SURE WE DON'T ALLOW THE EROSION TO START AGAIN.
PROTECT THESE VERY VALUABLE SITES IN OUR COMMUNITY.
THERE ISA CONTRADICTION IN OAKBROOK'S PROPOSED COVENANTS.
IT IS STA TED THA T ALL FENCES OR SCREENING NOT BE OVER 4 FEET IN
HEIGHT AND OF THE PICKET TYPE.
THE SCREENING COVENANT STATES THAT ALL BOATS, RV'S OR OTHER
OFFENSIVE OBJECTS BE SCREENED FROM ALL ADJACENT PROPERTY OWNERS.
THIS IS IMPOSSIBLE BECA USE OF THE 4 FOOT FENCE HEIGHT LIMITA TION.
IT IS BECA USE OF THIS CONTRADICTION THAT WE PLEAD WITH THE CITY
COUNCIL TO ADOPT THIS PARA GRAPH FOR THIS PZD AND ALL PZD 'S HEREAFTER
TO SOLVE FUTURE DISPUTES WITH ADJACENT PROPERTY OWNERS AND
ESTABLISHED NEIGHBORHOODS.
ALL PERIMETER LOTS THA TAREADJA CENT TO THEBOUNDARYOFTHE PZD
OR ADJACENT TOANYBOUNDARYOR PERIMETER STREETRIGHT-OF-WAY, MUST
CONFORM TO THE CITY CODES, REGULATIONS, AND COVENANTS OF THOSE
PROPERTIES. *Paraphrased from the City of Bentonville Code Handbook.
1 !' k i
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ASiI 12
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!�
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AM
GREATEST PROBLEM
Proper placement of a traffic signal when
All Springs (east side of Rupple Rd) is
developed. 1200 units will be using this street
plan. Traffic will be going through these
C3y1%L¢developments at all sides.
E
ro
Wc.
1 1 ' I 1 • 11
STREET A - Line of sight
on curve.
STREET B - Entrance from
Bellwood (temp. cul-de-sac)
tmclose to entrance to
Rupple Rd,
STREET C - Connectivity
to Bellwood, 100 ft. between
intersection, should be lined
up.
STREET D- Encourages cut
through from North.
BELL WOOD
PATRICK ST.- designed to
be a through street to
Rupple Rd. 15 yrs. ago.
This puts more traffic
moving through.
neighborhood. Temp. Cul-
de-sac twelose to major
intersection- Lines up with
Springs H.Oeoeiopmeit
WE ARE ASKING THE S COUNCIL TO VOTE NO OR 0 LEAST TABLE THIS
DEVELOPMENT UNTIL SOME BILL OF ASSURANCE FROM THE DEVELOPER
TRACY HOSKINS, CAN BE OBTAINED.
NAME ADDRESS WARD PHONE
1.
Z i� y4 e
s e2/ .7'W.
4. It -
!S e 4�: aov•
6. -_QeV 1,Ya'Lk Q.. va�.T \Q `.J \\ L\',n\. .Ix,in Li lfl(3._I/[J2I 5`Q
19.
2
[p� ti
tSsz� nK
�
Ply-_v�_Igb�l PE b7 %
Mic [ hAkitinc v'6m5 cam.
23.
24.
25.
26.
27.
30.
31.
32.
33.
34.
35.
36,
3_?,
3y.
3c
.
zi
5o.
R-PZD O5-1463
AUGUST 16, 2005
tifl
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R-PZD-05-1463
AUGUST 16, 2005
RESIDENTIAL PLAN ZONING DISTRICT OF OARBROOKE SUBDIVISION.
PRASEI&11
& 11
108 AMERICAN STYLE BUNGALOWS ON APPROX-32ACRES�IN THE
CRAFTSMAN STYLE. SMA7 i ER ATTACHED & DETACHED ROW HOUSES
(TOWNHOUSES) BETWEEN 1000>SQ: FT ORSGR a►TF7i ADJACENT TO
BRIDGEPORT COMMUNITY. CITIZENS ARE AFRAID THAT THESE SMALL
UNITS WILL TURN INTO RENT HOUSES AND EVENTUALLY RUIN THE
CHARACTER OF THIS FINE ESTABLISHED NEIGHBORHOOD.
WE ARE ASKING THE CITY COUNCIL TO VOTE NO OR AT LEAST TABLE THIS
DEVELOPMENT UNTIL SOME BILL OF ASSURANCE FROM THE DEVELOPER,
TRACY-HOSKINS, CAN BE OBTAINED.
NAME ADDRESS WARD PHONE
- ft18
f. IC c_ pc
I - /2L
(✓� - /8/ ^I c 5� - G
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• R PZD-05-1463
AUGUST 16, 2005
ant
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1 :1' IN 1 1 1 / i . CI
1 31 1 ' !v1 I ! ' • • 1 :1' 1 _ A 1 ' 81'
WE ARE ASKING THE *Y COUNCIL TO VOTE NO OR # LEAST TABLE THIS
DEVELOPMENT UNTIL SOME BILL OF ASSURANCE FROM THE DEVELOPER
TRACY HOSKINS, CAN BE OBTAINED.
NAME ADDRESS WARD PHONE
2.` UM £6.A1 -S L( yX12 - X53
3.
4.
5.
6.
7.
8.
9.
10.
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12.
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16.
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18.
19.
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• R-PZD-05-1463 0
SEPTEMBER 2, 2005
RESIDENTIAL PLAN ZONING DISTRICT OF OAKBROOKE SUBDIVISION
PHASE I & II
108 AMERICAN STYLE BUNGALOWS ON APPROX. 32 ACRES IN THE
CRAFTSMAN STYLE. SMALLER ATTACHED AND DETACHED ROW HOUSES
(TOWNHOUSES) AT 1000 SQ. FT. OR GREATER, ADJACENT TO BRIDGEPORT
COMMUNITY. CITIZENS ARE AFRAID THAT THESE SMALL UNITS WILL TURN
INTO RENT HOUSES AND EVENTUALLY RUIN THE CHARACTER OF THIS FINE
ESTABLISHED NEIGHBORHOOD.
WE ALSO WANT ASSURANCES THAT OAKBROOKE HAS A SOUND
CONSERVATION PLAN, REGARDING THE EFFECTS OF THE REMOVAL OF THE
TWO EXISTING, GOVERNMENT FUNDED, "RETENTION PONDS" WILL HAVE ON
OUR ENVIRONMENT. ACCORDING TO A "STUDY" AIRED ON "PUBLIC ACCESS
TV", IN JULY, 2005 WASHINGTON COUNTY HAS A PROBLEM WITH CREEK BANK
EROSION AND SILT INFILTRATION INTO OUR STREAMS, LAKES AND SEWER
SYSTEMS, CAUSED IN PART BY POORLY PLANNED DEVELOPMENTS AND
INSPECTION OVERSIGHTS.
BUILT IN THE 1960'S, THESE OLD "RETENTION PONDS" HAVE
ADEQUATELY KEPT THIS FROM HAPPENING FOR OVER 45+ YEARS, AS WELL AS
PRESERVING AN ECOSYSTEM OF INTERMITTENT WET LANDS AND WILDLIFE
HABITAT.
NOTE: BRIDGEPORT'S AND MRS. KING'S GREENSPACE AND TREE
PRESERVATION AREAS BELOW THESE PONDS HELP PROTECT STORM WATER
DAMAGE FROM OCCURRING AS THEY FALL OVER 100 FEET DIRECTLY INTO
HAMSTRING CREEK.
LET US MAKE SURE WE DON'T ALLOW THE EROSION TO START AGAIN.
PROTECT THESE VERY VALUABLE SITES IN OUR COMMUNITY.
THERE IS CONTRADICTION IN OAKBROOK'S PROPOSED COVENANTS.
IT IS STATED THAT ALL FENCES OR SCREENING NOT BE OVER 4 FEET IN
HEIGHT AND OF THE PICKET TYPE.
THE SCREENING COVENANT STATES THAT ALL BOATS, RV'S OR OTHER
OFFENSIVE OBJECTS BE SCREENED FROM ALL ADJACENT PROPERTY OWNERS
THIS IS IMPOSSIBLE BECA USE OF THE 4 FOOT FENCE HEIGHT LIMITATION.
IT IS BECAUSE OF THIS CONTRADICTION THAT WE PLEAD WITH THE CITY
COUNCIL TO ADOPT THIS PARA GRAPH FOR THIS PZD AND ALL PZD 'S HEREAFTER
TO SOLVE FUTURE DISPUTES WITH ADJACENT PROPERTY OWNERS AND
ESTABLISHED NEIGHBORHOODS.
ALL PERIMETER LOTS THAT AREADJA CENT TO THE BO UNDARY OF THE PZD
OR ADJACENT TOANYBOUNDARY OR PERIMETER STREETRIGHT-OF- WAY, MUST
CONFORM TO THE CITY CODES, REGULATIONS, AND COVENANTS OF THOSE
PROPERTIES. *Paraphrased from the City of Bentonville Code Handbook.
;' • R-PZD-05-1463 •
SEPTEMBER 2, 2005
RESIDENTIAL PLAN ZONING DISTRICT OF OAKBROOKE SUBDIVISION
PHASE I & H
108 AMERICAN STYLE BUNGALOWS ON APPROX. 32 ACRES IN THE
CRAFTSMAN STYLE. SMALLER ATTACHED AND DETACHED ROW HOUSES
(TOWNHOUSES) AT 1000 SQ. FT. OR GREATER, ADJACENT TO BRIDGEPORT
COMMUNITY. CITIZENS ARE AFRAID THAT THESE SMALL UNITS WILL TURN
INTO RENT HOUSES AND EVENTUALLY RUIN THE CHARACTER OF THIS FINE
ESTABLISHED NEIGHBORHOOD.
WE ALSO WANT ASSURANCES THAT OAKBROOKE HAS A SOUND
CONSERVATION PLAN, REGARDING THE EFFECTS OF THE REMOVAL OF THE
TWO EXISTING, GOVERNMENT FUNDED, "RETENTION PONDS" WILL HAVE ON
OUR ENVIRONMENT. ACCORDING TO A "STUDY" AIRED ON "PUBLIC ACCESS
TV", IN JULY, 2005 WASHINGTON COUNTY HAS A PROBLEM WITH CREEK BANK
EROSION AND SILT INFILTRATION INTO OUR STREAMS, LAKES AND SEWER
SYSTEMS, CAUSED IN PART BY POORLY PLANNED DEVELOPMENTS AND
INSPECTION OVERSIGHTS.
BUILT IN THE 1960'S, THESE OLD "RETENTION PONDS" HAVE
ADEQUATELY KEPT THIS FROM HAPPENING FOR OVER 45+ YEARS, AS WELL AS
PRESERVING AN ECOSYSTEM OF INTERMITTENT WET LANDS AND WILDLIFE
HABITAT.
NOTE: BRIDGEPORT'S AND MRS. KING'S GREENSPACE AND TREE
PRESERVATION AREAS BELOW THESE PONDS HELP PROTECT STORM WATER
DAMAGE FROM OCCURRING AS THEY FALL OVER 100 FEET DIRECTLY INTO
HAMSTRING CREEK.
LET US MAKE SURE WE DON'T ALLOW THE EROSION TO START AGAIN.
PROTECT THESE VERY VALUABLE SITES IN OUR COMMUNITY.
THERE IS A CONTRADICTION IN OAKBROOK'S PROPOSED COVENANTS.
IT IS STA TED THAT ALL FENCES OR SCREENING NOT BE OVER 4 FEET IN
HEIGHT AND OF THE PICKET TYPE.
THE SCREENING CO VENANT STA TES THAT ALL BOA TS, RV'S OR OTHER
OFFENSIVE OBJECTS BE SCREENED FROM ALL ADJACENT PROPERTY OWNERS.
THIS IS IMPOSSIBLE BECA USE OF THE 4 FOOT FENCE HEIGHT LIMITA TION.
IT IS BECA USE OF THIS CONTRADICTION THAT WE PLEAD WITH THE CITY
COUNCIL TO ADOPT THIS PARA GRAPH FOR THIS PZD AND ALL PZD 'S HEREAFTER
TO SOLVE FUTURE DISPUTES WITH ADJACENT PROPERTY OWNERS AND
ESTABLISHED NEIGHBORHOODS.
ALL PERIMETER LOTS TIM TAREADJACENT TOTHEBOUNDARYOFTHE PZD
OR ADJACENT TOANYBOUNDARYOR PERIMETER STREET RIGHT-OF-WAY, MUST
CONFORM TO THE CITY CODES, REGULATIONS, AND COVENANTS OF THOSE
PROPERTIES. *Paraphrased from the City of Bentonville Code Handbook.
WE ARE ASKING THE CYrY COUNCIL TO VOTE NO OR WLEAST TABLE THIS
DEVELOPMENT UNTIL SOME BILL OF ASSURANCE FROM THE DEVELOPER
TRACY HOSKINS, CAN BE OBTAINED.
IiiLYIfl
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2.
3.
4.
5.
6.
7.
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♦ , _ _ Street Design Problems
f I _ - '-1 i--`l li_ �
i..F I j ; I - I ; I STREET A - Line of sight
I -;--TT I
on curve.
1 1 \ 1 1 _ I �,
LJ
—J1 I
STREET B - Entrance from
I 1 -� Bellwood (temp. cul-de-sac)
`JI 1 ; i
I p " I to -close to entrance to
1 _ , _ ! _ I a , I Rupple Rd,
1 I _
I 11 - III - I
l STREET C - Connectivity
II
- I
Iii ; t - r / I t®Bellwood,100 ft. between
_ !•j I ! \ ' intersection, should be lined
s
4Q a 1'J'Q 1 I, 1 1 I' I r L___a,
up.
•I -N .a_I;
II I STREET D- Encourages cut
11 ,
I through from North.
I.' L
l
L J_ 1
I 0.
-- - - III� _-a BELL
PATRICK ST.- designed to
m° e O _Emal gn 718/2005 11.20117 AM
be a through street to
GREATEST PROBLEM Rupple Rd. 15 yrs. ago.
C, Proper placement of a traffic signal when This puts more traffic
l., pring %Wad (east side of Rupple Rd) is moving through
developed. 1200 units will be using this street neighborhood. Temp. Cul-
plan. Traffic will be going through these de -sac toeclose to major
two developments at all sides. intersection - Lines up with
Weil Spring i,UDeoejopmei4t
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)aJcdroo e 0 -EMat gn 7(8200511:20:17AM
T
GREATEST PROBLEM
Proper placement of a traffic signal when
` Spring Wnr4 (east side of Rupple Rd) is
developed. 1200 units will be using this street
plan. Traffic will be going through these
two developments at all sides.
I
�, o farts i II� IIo I
1�.� • Il0 I
O
° s o o t • a ° ° i
HY 4): hYL h5 94 42 421
OAKBROOKE
Street Design Problems
STREET A - Line of sight
on curve.
STREET B - Entrance from
Bellwood (temp. cul-de-sac)
to close to entrance to
Rupple Rd,
STREET C - Connectivity
to Bellwood, 100 ft. between
intersection, should be lined
up.
STREET D- Encourages cut
through from North.
BELL WOOD
PATRICK ST.- designed to
be a through street to
Rupple Rd. 15 yrs. ago.
This puts more traffic
moving through
neighborhood. Temp.
de -sac to close tom `v
intersection - Li;
From: Clarice Pearman
To: Pate, Jeremy
Date: 9/14/05 12:38PM
Subject: Ords. 4748, 4749, 4750, 4754 and 4756
Jeremy,
Attached are ordinances passed by City Council on September 6, 2005 regarding RZN 05-1524, R-PZD
05-1463, R-PZD 05-1555, ANX 05-1628 and RZN 06-1696.
Thanks.
Clarice
IPI �9\E'ltll I
NORTHWEST ARKANSAS EDITION
"Novtkwest Avkaicsas'Most Wider Read Newspaper"
AFFIDAVIT OF PUBLICATION
I, Erin Emisdo solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, that advertisement of:
U/a /?i1/?aU -4'5:)was inserted in the regular editions on
PO#
** Publication Charge: $ ICZ,4
Subscribed and
/67
sworn to before me this
day of 2005.
S/aii i7%2�'c2)
Notary Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RFCFIlrr7
SEP 2.2 2005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
ORDINANCE NO. 4750
AN ORDINANCE ESTABLISHING A RESIDENTIAL a e evl le
FI.ANIJED ZONING DISTRICT TIRED R-PZD 05-
1555, OAKBROOK PHASE II, LOCATED WEST OF
RUPPLE ROAD AND EAST OF BRIDGEPORT PHASE
II, CONTAINING APPRO%IMATELV 11.5 ACRES, ARKANSAS
AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF FAYETTE ILLE;ANDADOPTINGTHEASSO-
CIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING
COMMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYETTEVILLE, ARKANSAS:
S,cn 1: That de zone Cla"slllcailon of the fo lov.ing described property Is hereby changed as fdlowa:
From RSF-1, Residents! Single FarnJ 1 unit per acre, to R-PZD 05-1555 as shown N Eerdl'A-
attached hereto and made a part hereof.
2That the change in zorwg dassifcation is based upon the approved master de+eIaprnertt plan
and development standards as shown on the pree0mhary at. al Conditions of approval determined
, 20)5, and further conditlaiod by
the City appropriate
Cal on the terms W1in �ulcUve Cwsre ts/BS of7Assrances offered by the applicant
that the wits wad have a nidnTm 1.400 square. footage, that ody lots 56 through 73 can be
attached. and that Lots 52, 53. and 54 can be used only for dub house and related purposes or for ras-
Idential houses, and: K rther co diiloned upon the BA of Assurmce offered to the City Council an
September 6, 2005, promising to sbadinate 109 sewer Daps from the devebper pw.lasty approved
Laureate Fields sbdMslorn to belled by Oakbrooke SubS sloe Phases I and I.
Section 3: That this ordinance shall take effect and ben full forte at such time as aI of the regr irarhars
of the development an have been met
Section 4- That the offldat zoning mop of the City of FayettoWle, Arkansas, Is hereby amended to reflect
the zarrg change provided In Section 1 above.
and APPROVED this 6N day of September, 2005.
Cierk
EXHIBIT "A"
R-PZD 06.1868
A PART OF THE SOUTH HALF (51/2) OF THE SOUTHEAST QUARTER (SE174) OF THE FRACTIONAL
SECTION 1, TOWNSHIP SCREEN (16) NORTH. RANGE THIRTY ONE (31) WEST. WASHINGTON
COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE
SOUTHWEST CORNER OF SAID EIGHTY (80) ACRE TRACT, AND CONTINUING THENCE
NO2'17'42'E 1069.16 FEET, THENCE S87'4942E.428.22 FEET, AND THENCE S8709'15E 271.79
FEET TO THE POINT OF BEGINNING: THENCE S87'09'15E 1132.44 FEET: THENCE S08'1800W
225.89 FEET, THENCE N87°00'35'W 354.57 FEET, TO A FOUND IRON PIN; THENCE S0248'25W
146.65 FEET TO A FOUND IRON PIN: THENCE N8T10'22'W 327.79 FEET TO A FOUND IRON PIN:
THENCE S02'5014W 253.09 FEET; THENCE N87'22'17 W 28.37 FEET; THENCE 50249'27W
216.23 FEET: THENCE N8710'33'W 118.38 FEET, THENCE N81'31`56'W 50.29 FEET; THENCE
N87°42'18W 109.00 FEET: THENCE NOT17'42'E 452.00 FEET; THENCE N87.42'18W 115.00 FEEL;
THENCE N0217'42 -E 385.47 FEET TO THE POINT OF BEGINNING AND CONTAINING 11.506
ACRES. MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.