HomeMy WebLinkAboutOrdinance 4795••.• F 00000
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ORDINANCE NO. 4795 OO 3D
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AN ORDINANCE ESTABLISHING A RESIDENTIAL oc bop
PLANNED ZONING DISTRICT TITLED R-PZD 05-1635, A <9NN
FALLING WATERS, LOCATED EAST OF DEAD HORSE o ��
MOUNTAIN ROAD, CONTAINING APPROXIMATELY O
136.70 ACRES; AMENDING THE OFFICIAL ZONING (n m o
NO
MAP OF THE CITY OF FAYETTEVILLE; AND p'�
ADOPTING THE ASSOCIATED MASTER a
DEVELOPMENT PLAN -
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is
hereby changed as follows:
From R -A, Residential Agricultural, to R-PZD 05-1635 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, development standards, and conditions of approval as submitted,
determined appropriate and approved by the City Council.
Section 3: That this ordinance shall take effect and be in full force at such time as
all of the requirements of the master development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
F6
t1Y o,�•.�
FAYETTEVILLE :
this 15th day of November, 2005.
ATTEST•
By:
NDRA SMITH, City Clerk
By:
COODY, Mayor
EXHIBIT "A"
R-PZD 05-1635
A PART OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT A POINT WHICH IS S02029' 13 "W 354.52' FROM THE
NORTHEAST CORNER OF SAID SECTION 25 AND RUNNING THENCE S02029' 13 ' W
ALONG THE EAST LINE OF SAID SECTION 25, 2272.20' TO THE NORTHEAST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25, THENCE
S02046' 19"W ALONG THE EAST LINE OF SAID SECTION 25, 1985.661, THENCE
LEAVING SAID EAST LINE N87028' 15"W 1331 .05', THENCE NO2043' 19"E 661 . 13' TO
THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 25, THENCE NO2043' 19"E 661 . 12', THENCE
N87030'44"W 1322.72' TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD,
THENCE ALONG SAID ROAD CENTERLINE NO1021 '03 "E 147.71 ', NO2010127"W
113 .47', N12037'57"W 70.781, N26023'56"W 183 .581, N40016'50"W 110.501, THENCE
LEAVING SAID ROAD CENTERLINE S87009'05"E 339.76', THENCE S5505913461E
68.39', THENCE S78035'33"E 64.66', THENCE N68026' 18"E 50.69', THENCE
N40049'47"E 119.42', THENCE N6704810211E 111 .83', THENCE N4603013711E 129.81 ',
THENCE N63019' 19"E 81 .77', THENCE N3400014311E 82.98', THENCE N4105915911E
127.021, THENCE N28049' 13"E 153 .99', THENCE N31014'42"E 104.87', THENCE
N22020'43 "E 149.96', THENCE N2305213411E 226.371, THENCE N17026158"E 85 .55',
THENCE N36021 ' 17"E 103 .73', THENCE S6605710611E 223 .031, THENCE N8401912011E
226.461, THENCE N55007103 "E 80.92', THENCE N66006'39"E 126.81 ', THENCE
N54014'44"E 137.60', THENCE N5905011811E 212.341, THENCE N7301713611E 182.83',
THENCE N05055'44"W 74.86', THENCE N61 °42'53 "W 143 . 181, THENCE N54057140"E
216.601, THENCE N62050136"E 152. 12', THENCE N34°36'21 "E 95.96', THENCE
N06059'40"W 119.49', THENCE N4204414611E 440.66' TO THE POINT OF BEGINNING.
CONTAINING 136.70 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN
ROAD RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND
EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Washington County, AR
I certify this instrument was filed on
12/06/2005 02:09:57 PM
and recorded in Real Estate
File Number 2005-00054547
Bette Stamps - Ci f it Clerk
by V
04-,v
• City of Fayetteville • 1151t9—S
Staff Review Form V 7 45w
City Council Agenda Items Q PZQ 05 - �63s
or
Contracts FQ I. I. I A)
15-Nov-05
City Council Meeting Date
Jeremy Paley Planning Operations
Submitted By Division Department
Action Required :
R-PZD 05- 1635 : (Fallingwaters, 685): Submitted by H2 Engineering for property located east of Dead Horse Mountain Road.
The property is zoned R-A, Residential Agricultural, and contains approximately 136.70 acres. The request is to approve a
Residential Planned Zoning District with 255 single family dwelling units.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
_ p Previous Ordinance or Resolution # n/a
Dbortmerft Director Date Original Contract Date: n/a
Original Contract Number: n/a
2 OJr
City Attorney
/o Received in City Clerk's Office
2. - c'<' OAD
Finance and Internal Service Director Date
�� �/ Received in Mayor's Office
-><�t I
Mayo Date
Comments:
City Council Meetiof November 15, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: October 27, 2005
Subject: Rezoning for Fallingwaters (R-PZD 05- 1635)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Fallingwaters, submitted by Lambreth and Carlton
Investments, LLC. This action will establish a unique zoning district for a residential
subdivision on a 137-acre tract located east of Dead Horse Mountain Road.
BACKGROUND
The subject property consists of approximately 137 acres located south of Stonebridge
Meadows Phase II and east of Dead Horse Mountain Road. The south, east and western
limits of the subject property extend to the city limits. The property is an undeveloped,
heavily tree canopied hillside with frontage on Dead Horse Mountain Road. It is
currently zoned R-A, Residential Agricultural.
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 large lots (8,000 square feet to 39,000 square feet) and
consisting of 255 single family lots. The applicant has proposed dedication of 6.21 acres
of parkland at the peak elevation of the property and dedication of lot 231 for installation
of a water tower.
DISCUSSION
The Planning Commission voted 8-0-0 in favor of this request on October 24, 2005 . A
Planned Zoning District requires City Council approval as it includes zoning (land use)
and preliminary plat approval. Recommended conditions were approved by the Planning
Commission and are reflected in the attached staff report.
The applicant requests modification of condition of approval #24 to allow a maximum
258 single family lots. Should the City determine that the water tower should be located
off-site, the applicant proposes that lot 231 be subdivided into three lots for development.
The property is located in the Dead Horse Mountain Road Bridge Assessment Area and
will be assessed for fees proportional to the development. Recommended off-site
• City Council MeetinfWNovember 15, 2005
Agenda Item Number
improvements include improvement of Dead Horse Mountain Road adjacent to the
subject property, installation of a traffic signal at Stonebridge Road and Huntsville Road
with Phase I of the development and the construction of a right tum lane on Huntsville
Road at the aforementioned intersection.
The site is located on a steep hillside. The developer has incorporated unique street
designs and tree preservation measures to minimize the amount of impact on the hillside
as recommended in the proposed Hillside Ordinance. Several waivers for reduction of
right-of-way dedication, street width and slope of streets have been requested by the
appplicant and recommended by the Planning Commission. Tree preservation
requirements for a Planned Zoning District are being met. In addition, the applicant has
committed to preserve 40% tree canopy on each lot and required review and written
approval from a committee formed by the P.O.A. for removal of any tree greater than 4"
diameter within the side or rear building setbacks. Finding the proposal compliant with
the intent and spirit of the ordinance and compatible with developing land in the vicinity.
Staff and the Planning Commission recommend approval of this Residential Planned
Zoning District.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05- 1635,
FALLINGWATERS, LOCATED EAST OF DEAD HORSE
MOUNTAIN ROAD, CONTAINING APPROXIMATELY
136.70 ACRES, MORE OR LESS; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
MASTER DEVELOPMENT PLAN.
BE IT ORDAINED BY THE CITY COUNCIL\F THE CITY OF
FAYETTEVILLE, ARKANSAS: /��
Section 1 : That the zone classification f the following descri�d-property is
hereby changed as follows: \
From R-A, Residential Agricultural, to R-PZD 05-1635 as shown in Exhibit "A"
attached hereto and made a part hereof.
Section 2. That the changein zoning--classification is based upon the
approved master development plan, development standards, and conditions of
approval as submitted;�determined appropriate and approved by the City Council.
A
Section 3. That this ordinance shall take effect and be in full force at such
time as all of the requirements.o£the masted velopment plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas,
is hereby amended to,reflect the;zoning change provided in Section 1 above.
PASSED AND APPROVED this day of , 2005.
APPROVED:
\ By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 05-1635
A PART OF SECTION 25, TOWNSHIP 16 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS
S02029' 13 "W 354.52' FROM THE NORTHEAST CORNER OF SAID SECTION 25
AND RUNNING THENCE S02°29' 13"W ALONG THE EAST LINE OF SAID
SECTION 25, 2272.20' TO THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF SAID SECTION 25, THENCE S02046' 19"W ALONG THE EAST LINE
OF SAID SECTION 25, 1985.661, THENCE LEAVING SAID EAST LINE
N87028' 15 "W 1331 .05', THENCE NO2043' 19"E 661 . 13' TO/THENORTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE/SOUTHEAST QUARTER OF
SAID SECTION 25, THENCE NO204311911E 661 . 12',THENCE N8703044"W 1322.72'
TO THE CENTERLINE OF DEAD HORSE MOUNTAIN ROAD, THENCE ALONG
SAID ROAD CENTERLINE NO 1 021 '03 "E 147:71', N02010'27"W 113.47,N 12/37'57"W
70.78', N26023'56"W 183 .58', N40016150"W`I 10.50; THENCE LEAVING�SAID ROAD
CENTERLINE S87009'05 "E 339.76', THENCE S55�591-34"E 68.39', THENCE
S78035'33 "E 64.66', THENCE N68°26' 18"E 50.69', THENCE N40049'47"E 119.42',
THENCE N67048'02"E 111 .83', THENCEN46030137"E�1-29:81 ', THENCE N63019119' E
81 .771, THENCE N340004311E 82.9813THENCE_N41059159"Ev127.02', THENCE
N28049' 1 3 "E 153 .99', THENCE N31 ° 14'42"E'104.8T,THENCE N22020'43 "E 149.96',
THENCE N23052'34"E 226.37', THENCE\N17 26'58"E 85:55', THENCE N36021 ' 17"E
103 .731, THENCE S66°5.706"E.223 .03', THENCE N84° 19'20"E 226.46', THENCE
N55007'03 "E 80.92',�THENCE N66° 06'39"E\126.81 '. THENCE N54014'44"E 137.60',
THENCE N59°50`18"Et2I2.34' THENCE N73° 1.7.36"E 182.83', THENCE
N05055'44"W 74.86', THENCE N61-04215.311W44/3 . 18% THENCE N5405714011E 216.60',
THENCE N62050136'E 152. 12; THENCE N34036121 "E 95 .96', THENCE N0605914011W
119.49', THENCEN42°44'46'NE\440.66' TO THE POINT OF BEGINNING.
CONTAINING 136.70 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN
RO:AD`RIGHT-OF-WAY� ON THE/WEST SIDE OF HEREIN DESCRIBED TRACT
AND EASE\NTS AND' R''ESTRICTIONS OF RECORD, IF ANY.
i
aye L evI e PC Meeting of October 24, 2005
ARKANSAS
TFIE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Updated on October 27, 2005
R-PZD 05-1635: Planned Zoning District (FALLINGWATERS, 685): Submitted by H2
ENGINEERING, INC. for property located E OF DEAD HORSE MTN RD. The property is
zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 136.70 acres. The
request is to approve a residential planned zoning district with 258 single family dwelling units
proposed.
Property Owner: DEWITT C. GOFF
Submitted on behalf of: LAMBERTH/CARLTON
Planner: SUZANNE MORGAN
Findings:
Property Description: The subject property consists of approximately 137 acres located south of
Stonebridge Meadows Phase II and Dead Horse Mountain Road. The south, east and western
limits of the subject property extend to the city limits. The property is an undeveloped, heavily
tree canopied hillside with frontage on Dead Horse Mountain Road. It is currently zoned R-A,
Residential Agricultural.
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 large lots ranging from 8,000 square feet @at 48) to 39,000 square feet
(lot 30) and consisting of 258 single family lots. The applicant has proposed dedication of 6.21
acres of parkland at the peak elevation of the property and dedication of lot 231 for installation
of a water tower. If the water tower is located off-site, this lot may be subdivided into 3 single
family lots meeting the bulk and area requirements set forth herein. In addition, there will be 2
lots dedicated for lift stations and 3 lots reserved for detention ponds and common area.
Process: 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 applicant requests approval of this
subdivision in six phases to stagger the final plat process and recordation of the proposed lots.
K.9Reports110051PC RepartsV0-14-051R-PZ005-/635 (Failing Waters).doc
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Stonebridge Meadows Golf Course and R-A
Subdivision Phases 11, 111, & IV
South Low Density Single family, pasture, woods Planning Area
East Low Density Single family, pasture, woods Planning Area
West Low Density Single family, pasture, woods RSF-4 & Planning Area
The following bulk and area regulations are proposed by the applicant:
R-PZD 05-1635 Falling Waters
(A) Proposed Uses.
Lots 1 -257 Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 8 Single-family dwelling
Unit 24 Home occupations
(B) Density.
For entire Subdivision
11 Units 2er acre 1258 units/ ] 36.7 acres = 1 .89 units/acre
*The property is currently zoned R-A.
(C) Bulk and area regulations.
Single-family dwellings all residential lots)
Lot minimum width 70'
Lot area minimum 8,000 square feet
Land area per dwelling unit Varies. Only one dwelling unit per lot permitted.
*The lots with the minimum width are located on the proposed cul-de-sacs.
(E) Setback requirements.
Front Building Setbacks: Range from 15 ' to 25 ', as denoted on the plat.
Rear Building Setback: 25 ' for all lots.
Side Building Setback: 15 ' for all lots.
(F) Height. Dwelling — Maximum 3 stories with a minimum 10- 12 pitch roof with modifications
to be approved by the Developer or Committee (per Covenants).
Accessory structure — 12'
K. Reportsl200PPC ReponsV0-24-051R-PZD 054635 (Falling lVaters).doc
0 0
(G) Building area. 8,000 square feet maximum per lot
Water & Sewer: Water and sewer lines are being extended to serve the development.
Access: The applicant proposes construction of a street connecting Pumpkin Drive to the north
and Dead Horse Mountain Road to the west of the subject property with the first phase of
development. The applicant proposes the following street stub-outs:
East: Two stub-outs
South: Two stub-outs
West: One stub-out
North: One stub-out from Pumpkin Dr. to the golf course, which could potentially be
developed at some future date, and one stub-out from Street K to the north.
Adjacent Master Street Plan Streets: Dead Horse Mountain Road (Minor Arterial), Pumpkin
Ridge (Local Street)
Street Standards: The applicant requests approval for a street section very unlike those required
by ordinance. The following table represents City requirements compared to the applicant's
request. The applicant and staff have met numerous times, along with utility companies, to
determine an acceptable street cross-section for all. Additionally, much of the hillside
development guidelines being generated as part of the Hillside Preservation management
practices are being utilized. Staff is supportive of the proposed cross-sections and a waiver to
allow slopes at intersections which exceed the maximum allowed by ordinance. One
modification was made to plans submitted for Planning Commission consideration. This
modification was to the intersection of Streets C and D to reduce the slope of the intersection.
Improvement City Standard City Standard Falling Waters — Falling Waters —
Residential St Local Street Street Section A Street Section B
Right-of-ova 40' 50' 27' 33 '
Street Width 24' 28' 22' 28 '
Curb/Gutter Both Sides Both Sides Both Sides Both Sides
Sidewalk 4' One Side 4' Both Sides 5 ' — uphill slope only 5 ' — uphill slo e onl
Street Improvements: Staff recommends the following: .
Street improvements on Dead Horse Mountain Road adjacent to the subject
property, including pavement, curb, gutter, storm drain, and a 6' sidewalk at ,
the right-of-way.
Installation of a street-light traffic signal at the intersection of Huntsville
Road (Hwy 16) and Stonebridge Road. Based on the traffic study submitted
by the applicant, a traffic signal at this intersection is warranted with the
proposed development.
Construction of a right-hand turn lane on Huntsville Road (Hwy 16) at the
intersection of Stonebridge Road for eastbound traffic.
Parks: On June 6, 2005 the Parks and Recreation Advisory Board recommended accepting a
land dedication with adequate street frontage to meet the Park Land Dedication requirements of
this development.
K.IReporu12005IPC Reponsll0-24-051R.PZD 05-/635 (Falling Maters).doe
0
Currently there are no neighborhood parks within a ''/z mile radius of the proposed
development. With 258 units, this major development creates a strong need for a neighborhood
park. Additionally, this land would provide a unique recreational experience for its residents.
Tree Preservation: Existing: 85.0%
Preserved: 48.6%
Required: 25 .0%
The plat states that each lot shall maintain a minimum 40% of the existing tree canopy.
The covenants state that any existing trees greater than four inches in diameter located
within the side or rear setback of any lot cannot be removed unless approved in within by
the Developer, Committee and City Urban Forester.
Public Comment: Staff has not received any objectionable public comment.
Background: One modification was made to Sheet 4 of the preliminary plat packet. The
modification was to the intersection of Streets C and D to reduce the slope of the intersection.
Staff finds that the modified intersection is acceptable.
Recommendation: Staff recommends forwarding R-PZD 05-1635 to the City Council with a
recommendation of approval and with the following conditions:
Conditions of Approval:
1 . Planning Commission determination of street improvements. Staff recommends the
following street improvements:
• Dead Horse Mountain Road: improvements adjacent to the property (one-half
street) including pavement, curb, gutter, storm drain, and sidewalk.
• Installation of a full traffic signal at the intersection of Huntsville Road (Hwy 16)
and Stonebridge Road meeting City of Fayetteville specifications with Phase I of
the development. Based on the traffic study submitted by the applicant, a traffic
signal at this intersection is warranted. Signalization is subject to AHTD
approval; should approval not be granted, an assessment for the full amount shall
be paid prior to recordation of the Final Plat for Phase 1.
Construction of a right-hand turn lane on Huntsville Road (Hwy 16) at the
intersection of Stonebridge Road for eastbound traffic, per the traffic study
recommendation. Construction of the turn-lane is subject to AHTD approval;
should approval not be granted or there is not adequate right-of-way to install said
access, an assessment for the full amount shall be paid prior to recordation of the
Final Plat for Phase 1.
Subdivision Committee recommended in favor of street improvements.
Planning Commission recommended in favor of street improvements.
2. Planning Commission determination of the requested waiver of the City's Street Design
Standards for cross-section. The applicant requests approval ofstreet sections that do
not meet those depicted within the General Plan 2020. Staff recommends approval of
the requested street sections which will result in the reduction of disturbed area of cut
and fill and the amount of canopy disturbed (reference memo).
K:IReports120051PC ReportsV 0-24-051R-PZD 05-/635 (Falling Waters).doc
0 •
Planning Commission recommended in favor of the requested waiver of City Street
Design Standards for street cross-sections.
3 . Planning Commission determination of a waiver request to exceed the maximum grade
of 4% for the first 100' of an intersection. Staff is supportive of the requested waiver to
allow slopes at intersections which exceed the maximum allowed by ordinance
(reference memo).
Planning Commission recommended in favor of the requested waiver to exceed
maximum grade of intersections.
4. Planning Commission determination of a waiver request to exceed the maximum grade
of 10%, with a prevision to allow up to 15% for lengths not to exceed 300', for a city
street. Staff is supportive of the proposed waiver to allow streets to be constructed at
slopes which exceed the maximum allowed by ordinance (reference memo).
Planning Commission recommended in favor of the requested waiver to exceed
maximum grade of a city street.
5. Planning Commission determination of a waiver of maximum block length
requirements. Several blocks within this subdivision are greater than 1400' in length.
Staffrecommends approval of the waiver request for block lengths greater than 1, 400 '
based on the steep grades of the property.
Subdivision Committee recommended in favor of waiver request.
Planning Commission recommended in favor of the requested waiver of maximum
block length requirements.
6. Planning Commission determination of a waiver of maximum distance between street
lights. The ordinance requires one at a maximum distance of 300' ; the applicant
requests installation of one street light every 330' . Staff recommends approval of the
waiver request to allow the placement of street lights at 330 ' where the location of lot
lines will not allow for street lights to be placed with a 300 ' separation. This will allow
placement of lights at a reasonable distance at the property line.
Subdivision Committee recommended in favor of waiver request.
Planning Commission recommended in favor of the requested waiver of maximum
distance between street lights.
7. The subject property is located within the Dead Horse Mountain Road Bridge
Assessment Area. The developer shall be proportionately assessed for the future
construction of a bridge on Dead Horse Mountain Road based on the projected impact
of the development upon this infrastructure, to be paid prior to recordation of the final
plat. The amount to be paid shall be 5118,654.05 (see attached memo). Payment shall
be prior to the final plat of each phase, with each lot being assigned an assessment cost,
respectively.
8 . To support a decreased street width and right-of-way in order to develop the wooded
hillside sensitively, the applicant has proposed that each lot maintain a minimum 40%
canopy. In addition, the covenants submitted with this project propose that no tree
greater than 4" in diameter within the side and rear building setbacks shall be removed
prior to written approval from the Developer, Committee and City Urban Forester.
K:IReportst20051PC ReportsV0-24-05;R-PZD 054635 (Falling Waiers).doc
9. All street stub -outs shall be constructed at a 24' or 28' minimum width with appropriate
right-of-way for each street.
10. Authorization from the adjacent property owner on which the temporary cul-de-sac is
located shall be obtained in writing prior to the approval of construction plans.
11. The City shall be given access to utilize all proposed utility easements located adjacent
to rights -of -way in order to gain access to the street and public utilities.
12. The applicant shall dedicate 45' right-of-way from centerline of Dead Horse Mountain
Road in accordance with Master Street Plan requirements.
13. An additional water tower to serve this development is required on Lot 231. Staff has
worked with the applicant's engineer and the City's Engineering and Water Division to
determine the appropriate size and location of the water tower required for this and
future developments. The water tower shall be designed, approved, installed, inspected,
and dedicated in accordance with City regulations.
14. Prior to recordation of the final
plat, the
owner/developer shall deed to the City
of
Fayetteville the property (lots)
on which
the lift station and water tower will be
located.
15. The applicant has not specified on the plat and within the covenants the number and
location of proposed subdivision signs, including the type of sign (e.g.: monument)
maximum size (display area), setback from the right-of-way and height. Therefore,
subdivision area signage shall be permitted in accordance with applicable city codes,
for residential subdivisions located outside of the right-of-way and coordinated to not
encroach into necessary easement areas.
16. Covenants shall be filed for record with the final plat of the requested subdivision.
17. The density proposed and all other development standards and zoning/bulk and area
requirements (i.e. height, buildable area, etc) shall be placed on the and within the
covenants in the form of a chart (see items A -G in the staff report).
18. Those lots reserved for landscaping and detention ponds shall be the responsibility of
the Property Owner's Association, and indicated as such in the covenants.
19. The applicant shall dedicate 20' pedestrian access easements to the park land as
denoted on the plat with the final plat of each respective Phase.
20. The applicant shall submit a deed for the park land is prior to recordation of the final
plat for Phase 1, or as otherwise determined by the Parks Department.
21. The applicant shall coordinate with Parks and Recreation Staff to install park boundary
signs on the park land. Parks and Recreation will provide the posts, signs, and
hardware.
K. IReportsl20051PC ReponsV0-24-051R-PZD 05-/635 (Falling IYaters).doc
22. All development shall meet applicable building codes for separation and other
ordinances of the City of Fayetteville.
23. Allowed uses on all lots within this R-PZD, excluding those to be owned and
maintained the POA, shall be restricted to Use Unit 1: City-wide Uses by Right; Use
Unit 2: City wide Uses by Conditional Use; Use Unit 8: Single Family Dwellings, and
Use Unit 24: Home Occupation.
24. The maximum number of dwelling units is 255 units unless lot 231 is not required for
a water tower. A maximum of 3 lots may be platted on this lot for a total of 258
dwelling units.
25. The installation of any privacy wall/fence for the subdivision shall be coordinated with
all appropriate utility companies and City of Fayetteville Planning Division to insure
proper placement for construction of perimeter walls. No wall or signage shall be
located within right-of-way. Any wall shall be located a minimum 2' from the right-of-
way.
26. A sign shall be placed at street stub -outs indicating future street extension prior to final
plat recordation (coordinate signage with the Transportation Division).
27. Silt fencing is allowed to double as tree protection fencing but a note must be included
on the plan stating this. If this is not the case, all areas for preservation outside of the
utility easements and right of ways must show tree protection fencing. See lots 24-29.
28. On page 12 between lots 150 and 151 a 20 foot utility and walking trail easement is
proposed. Please revise tree protection fencing detail to follow this easement line.
29. The applicant shall verify that all lots meet the required 70' lot width. Those lots on a
cul-de-sac shall have a lot width of 70' at the building setback.
30. Phasing: The anticipated build -out is 2011 for all six phases. In order to ensure the
proposed Master Development Plan meets all of the goals and criteria set forth, a
phasing schedule is required. If certain permitting times are not met, the Planned
Zoning District approval shall be voided, or extended as allowed by § 166 of the UDC.
The following development phasing shall be enforced:
• Phase I: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within I
year of the date of the ordinance passing.
• Phase II: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 2
years of the date of the ordinance passing.
• Phase III: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 3
years of the date of the ordinance passing.
• Phase IV: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 4
K:IReports120051PC Reportst10-24-0S1R-PZD 05-1635 (Failing Waters).doc
C
years of the date of the ordinance passing.
Phase V: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 5
years of the date of the ordinance passing.
Phase VI: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 6
years of the date of the ordinance passing.
Standard Conditions of Approval:
31. 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)
32. 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.
34. All overhead electric lines 12kv and under shall be relocated underground. All
proposed utilities shall be located underground.
35. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on -site inspection by the Landscape Administrator of all tree
protection measures prior to any land disturbance.
b. Separate easement plat for this project that shall include the tree
preservation area.
c. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety
with the City (letter of credit, bond, escrow) as required by §158.01
"Guarantees in Lieu of Installed Improvements" to guarantee all
incomplete improvements. Further, all improvements necessary to serve
the site and protect public safety must be completed, not just guaranteed,
prior to the issuance of a Certificate of Occupancy.
K:IReports120051PC ReporlsU0-24-051R-PZD 05-1635 (Falling Walers).doc
Planning Commission Action: Required: YES
Cl Approved O Denied ✓ Forward to City Council O Tabled
Motion to Approve: Clark
Motion Seconded by: Myres
Vote: 8-0-0
Meeting Date: October 24, 2005
Comments: A note reflecting Condition ofApproval #8 shall be reflected on the final
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature
K: IReportA20051PC ReportsI0-24-0SIR-PZD 05-1635 (Falling Waterr).doc
Date
Findings associated with R-PZD 05-1635
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 large
lots on a hill side with public amenities such as a 6 acre park and pedestrian trails 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 in the City zoned RSF-4, and R -A and those within the
Planning Area; The proposal has designated all 255 buildable lots to be able to develop as
single family dwellings. The streets within this proposed subdivision vary greatly from the
city's street requirements due to the steep nature of the property. The proposed tree
preservation, pedestrian access, and park land 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
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.
K:IReports120051PC Reponsll0-10-0518-PZD 05-1635 (Falling Waters/.doe
(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. Street widths and rights -of -
way are significantly less than required by ordinance and the applicant proposes waiver of
grades at each intersection due to the terrain. Staff finds the connectivity proposed from
this property to surrounding properties adequate. There are two points of access from the
north and west which would be constructed with Phase I of the development. All other
means of ingress and egress to the property would be constructed with the future extension
of streets. The access onto Dead Horse Mountain Road will be constructed with an island
in which a future pump house for the water tower will be located. This pump house will be
a unique feature in that it is proposed to be constructed to appear as a guard house.
(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.
(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 provide 6.21 acres of onsite public parkland.
(6) .Sideiralks. As required by § 166.03.
FINDING: Five-foot sidewalks are to be constructed on one side of all interior streets. The
K:IReports110051PC Reporis110-10-051R.PZD 05-1635 (Falling Watersf.doe
sidewalk will be located on the up -hill slope of the street. Construction of sidewalks on
Dead Horse Road and Pumpkin Ridge— where not adjacent to a single family lot - shall be
required prior to approval of the final plat.
(7) Street Lights. As required by § 166.03.
FINDING: The applicant has requested a waiver to place street lights 330' apart. The
ordinance requires that the maximum separation of street lights is 300'.
(8) Water. As required by § 166.03.
FINDING: Public water is being provided to the project site, pursuant to city code. The
applicant shall install a water tower to service the proposed development.
(9) Sewer. As required by § 166.03.
FINDING: Public sewer is being provided to the project site, pursuant to city code.
(10) Streets and Drainage. Streets within a residential PZD may be either public or
private.
(a) Public Streets. Public streets shall be constructed according to the adopted standards
of the City.
(b) Private Streets. Private streets within a residential PZD shall be permitted subject to
the following conditions:
(i) Private streets shall be permitted for only a loop street, or street ending with a cul-
de-sac. Any street connecting one or more public streets shall be constructed to
existing City standards and shall be dedicated as a public street.
(ii) Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
(iii)AII 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
K:IReporls12005V'C Reportstl0-10-05tH-I"Z.1) 05-16)5 (Falling N'mers).doc
neighborhood property owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund
shall be established by the PZD covenants. The covenants shall expressly provide
that the City is a third party beneficiary to the covenants and shall have the right
to enforce the street maintenance requirements of the covenants irrespective of the
vote of the other parties to the covenants.
(vii) The covenants shall provide that in the event the private streets are not maintained
as required by the covenants, the City shall have the right (but shall not be
required) to maintain said streets and to charge the cost thereof to the property
owners within the PZD on a pro rata basis according to assessed valuation for ad
valorem tax purposes and shall have a lien on the real property within the PZD for
such cost. The protective covenants shall grant the City the right to use all private
streets for purposes of providing fire and police protection, sanitation service and
any other of the municipal functions. The protective covenants shall provide that
such covenants shall not be amended and shall not terminate without approval of
the City Council.
(viii) The width of private streets may vary according to the density served. The
following standard shall be used:
Paving Width
o On -Street Parking)
*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 arc indicated to be constructed
at standards not in accordance with the City Ordinance. The Engineering Division has
K: IReports120051PC Reporls(10-/0-0i1R-PZD 05-1635 (Falling IYnters).doc
Dwelling
Units
One -Way
Two -Way
1-20
14'
22'
21+
14'
24'
/• •
reviewed the proposed street sections and found them adequate for the proposed
development due to the steep terrain of the property. The Engineering Division is still in
the process of review for the waiver request to allow a greater slope at intersections than
required by ordinance. This waiver request was submitted by the applicant on October 03,
2005 and thus was not available for review at Subdivision Committee.
(11) Construction of nonresidential facilities. Prior to issuance of more than eight
building permits for any residential PZD, all approved nonresidential facilities shall be
constructed. In the event the developer proposed to develop the PZD in phases, and the
nonresidential facilities are not proposed in the initial phase, the developer shall enter into
a contract with the City to guarantee completion of the nonresidential facilities.
FINDING: N/A
(12) Tree preservation. All PZD developments shall comply with the requirements for
tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The
location of trees shall be considered when planning the common open space, location of
buildings, underground services, walks, paved areas, playgrounds, parking areas, and
finished grade levels.
FINDING: The applicant proposes to meet the minimum tree canopy requirement of 25%
canopy preservation. The applicant has also indicated that each lot shall maintain a
minimum 40% of the existing tree canopy. The covenants state that any existing trees
greater than four inches in diameter located within the side or rear setback of any lot
cannot be removed unless approved in within by the Developer, Committee and City Urban
Forester.
(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.
(I) 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:
K: tRcportst20051PC Repor(siI0-10-05IR-PZO 05-1635 (Falling WatersJdoe
(a) Building permit. If no building permit has been issued within the time allowed.
(b) Phased development
schedule.
If the applicant does not
adhere to the phased
development schedule
as stated
in the approved development
plan.
(C) Open space and recreational facilities. If the construction and provision of all
common open spaces and public and recreational facilities which are shown on the
final plan are proceeding at a substantially slower rate than other project components.
Planning staff shall report the status of each ongoing PZD at the first regular meeting
of each quarter, so that_the Planning Commission is able to compare the actual
development accomplished with the approved development schedule. If the Planning
Commission finds that the rate of construction of dwelling units or other commercial
or industrial structures is substantially greater than the rate at which common open
spaces and public recreational facilities have been constructed and provided, then the
Planning Commission may initiate revocation action or cease to approve any
additional final plans if preceding phases have not been finalized. The city may also
issue a stop work order, or discontinue issuance of building or occupancy permits, or
revoke those previously issued.
(2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be
sent to the landowner or authorized agent giving notice of the alleged default, setting a
time to appear before the Planning Commission to show cause why steps should not be
made to totally or partially revoke the PZD. The Planning Commission recommendation
shall be forwarded to the City Council for disposition as in original approvals. In the
event a PZD is revoked, the City Council shall take the appropriate action in the city
clerk's office and the public zoning record duly noted.
(3) Effect. In the event of revocation, any completed portions of the development or those
portions for which building permits have been issued shall be treated to be a whole and
effective development. After causes for revocation or enforcement have been corrected,
the City Council shall expunge such record as established above and shall authorize
continued issuance of building permits.
(F) Covenants, trusts and homeowner associations.
(1) Legal entities. The developer shall create such legal entities as appropriate to undertake
and be responsible for the ownership, operation, construction, and maintenance of private
roads, parking areas, common usable open space, community facilities, recreation areas,
building, lighting, security measure and similar common elements in a development. The
city encourages the creation of homeowner associations, funded community trusts or
other nonprofit organizations implemented by agreements, private improvement district,
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 he approved by the City Attorney as to legal form and effect, and
K: 1Reports12005PC Reports)/0-/0-0518-PZD 05-1635 (Failing If aters).doc
•
by the Planning Commission as to the suitability for the proposed use of the open areas.
The aforementioned legal instruments shall be provided to the Planning Commission
together with the filing of the final plan, except that the Guarantee shall be filed with the
preliminary plan or at least in a preliminary form.
(2) Common areas. If the common open space is deeded to a homeowner association, the
developer shall file with the plat a declaration of covenants and restrictions in the
Guarantee that will govern the association with the application for final plan approval.
The provisions shall include, but not necessarily be limited to, the following:
(a) The homeowner's association must be legally established before building permits are
granted.
(b) Membership and fees must be mandatory for each home buyer and successive buyer.
(c) The open space restrictions must be permanent, rather than for a period of years.
(d) The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
(e) Homeowners must pay their pro rata share of the initial cost; the maintenance
assessment levied by the association must be stipulated as a potential lien on the
property.
FINDING: The applicant shall comply with the above requirements, as part of the
Planned Zoning District ordinance.
Sec. 161.25 Planned 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 pennit 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.
K' tReporlsl2005U'C Reports)10-10-0SIR-PZD 05-1635 (Failing Waters/.doc
(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and integration
of economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive and innovative planning and design of mixed use yet
harmonious developments consistent with the guiding policies of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
FINDING: The proposal fits many of the goals of the intent of the Planned Zoning District.
The terrain of this property is very steep and it is located near undeveloped properties
within the Planning Area. To subdivide this property into large lots at a density of less
than 2 units per acre, while also dedicating property for parkland and proposing
restrictions which would ensure preservation of a majority of tree canopy on each lot will
ensure that this property is developed to be compatible with and beneficial to adjacent
properties.
(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-
1635. 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 arc
K. 1Reporis120051PC Repons110-10-051R-PZD 05-1635 (Falling Waters,.doc
determined to be more appropriate for a PZD application than a general residential rezone. The
legislative purposes, intent, and application of this district include, but are not limited to, the
following:
(a) To encourage a variety and flexibility in land development and land use for
predominately residential areas, consistent with the city's General Plan and the orderly
development of the city.
(b) To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land, can be
planned on a total basis.
(c) To provide a harmonious relationship with the surrounding development, minimizing
such influences as land use incompatibilities, heavy traffic and congestion, and excessive
demands on planned and existing public facilities.
(d) To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
(e) To encourage the efficient use of those public facilities required in connection with new
residential development.
FINDING: The proposed Residential Planned Zoning District will require the extension of
water and sewer. Due to the large development proposed, the applicant will be required to
install a water tower to sustain development. The applicant shall also contribute to
improve the infrastructure off -site of this property which is necessary to sustain the
approximately 2,550 vehicle trips per day which will he generated with the full build -out of
the subdivision.
(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 facies
Unit ment-fHeillties
Unit 8 Single-family dwellings
Ave!"Unit 9 Two family ngs
Unit 10 Three family dwellings
Unit 12 Offices, and 1 t d
studios related �enTtt7
Unit
13
Eating
place..
Unit 1i\_15 Neighborhood shopping
Unit 19 � Commercial ecrti[tion—small
Unit 24 Home occupations
Unit 25 P ro P.,....:.. nalH�ces
f.-c�—f--f-vrc�afff
Unit 26 Multi fam.il. dwellings
family frfr'fivii ri ri I IIIngS
A: IRepornl?OOAPC Reportvl1O-1O-051R-PZU 05-16J5 (Fatling Waters).doc
FINDING: The proposed Use Units (see above) 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 R -A, to
R-PZD 05-1635, with the adoption of the associated preliminary plat.
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as an
Office Area. The area surrounding three sides of the site is designated as Residential Area, with
the area immediately east also designated as Office. Rezoning this property to R-PZD 05-1599,
with associated Preliminary Plat, is not consistent with the land use plan for the site, however it
is compatible with future designated land uses consisting of office and residential uses.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed rezoning of the existing R -A to the proposed R-PZD
development for single family residential use at approximately 1.87 units per
acre is consistent with the General Plan and surrounding developments
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 and will allow a unique
development on the current hillside.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: At the City's request, the applicant submitted a traffic study by Peters &
Associates Engineers, Inc. which analyzed traffic danger and congestion and
gave recommendations for street improvements'. The traffic study
concluded that the increased traffic volume which would result with the
construction of this subdivision, would negatively impact the surrounding
Peters & Associates Engineers, Inc. 2005. Traffic Study Palling Water Residential Subdivision. August 7.
K:IReports12005IPC Repons1l0-10-051R.PZD 0>-1635 (Falling (raters/.doe
traffic pattern without the installation of significant street improvements.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed development would create, on average, 561 future residents in
this area, thereby altering the population density in the immediate vicinity.
The applicant shall install significant improvements to public services to
support the addition of 255 single family homes in this location.
Engineering: Public water is adjacent to the site. There is a 6" main along Dead Horse
Mountain Road. Water service will need to be extended within the property
at the time of development. Additional connections may be required to
complete a looped system. The City and the developers will be discussing the
location of a water storage tank within the property, near the top of the hill.
The site does not have access to sanitary sewer. There is an 8" sewer system
in the development to the north. Portions of the development may require a
lift station for sewer service. Sewer service will need to be extended within
the property at the time of development. A study of the downstream sewer
system must be completed by the developer prior to submittal of construction
plans.
The site will have access to Dead Horse Mountain Road a minor arterial.
This development is within the Dead Horse Mountain Road bridge
assessment area. Other off -site improvements may be required and will be
evaluated.
The site is mostly on a hillside of mostly areas that contain t5% or greater
slopes. Runoff from the site flows overland to the west to an existing swale
and then north to a tributary of the West Fork of the White River.
Police: Based on historical data of similar demographic and geographic residential
areas, estimations can be made regarding an increase in police calls for
service; however, the estimated increase in this case would be negligible.
Given the current traffic environment in this area, a development of this size
may have an impact on traffic congestion. The Engineering Division may
provide more specific information regarding questions about the traffic
impact for Fallingwaters R-PZD.
Fire: Response to the requested subdivision request is currently considered in the
upper threshold in relation to response times. That area is currently serviced
by Fire Station #5. With the addition of Fire Station #3, the response times
for this area will substantially improve. The service impact of this
development will typically take eighteen months to occur.
K.lReportst2005 PCRept)rt.v iO-l0-0SIR-P%1J 05-1635 (Falling IVatersf.doc
Projected
Projected
Response Projected
Fire/Other
Time to Calls for
Calls for
Proposal Service at
Service at
Closest Response Area at Maximum
Maximum
Fire Distance from Time to Maximum Build Out
Build Out
Item Subdivision
Acres Station Fire Station Proposal area Build Out per year
per year
Failing
Water 136.7
3 2.3 miles 5.0 minutes 6.0 minutes 57 23
34
Falling
Water 136.7
5 3.3 miles 8.0 minutes 9.0 minutes 57 23
34
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:IReports12005IPC Reporisll0-l0-05IR-l'ZD 05-1635 (Falling Waters).doc
Fayetteville Fire
Department
MEMO
To: Suzanne Morgan, Planning .
From: Chris Lynch, Fire Management Team
Date: 08/15/03
Re: Zoning Review
The following requests for annexation and/or rezoning are all within the
acceptable limits of service delivery impact for the Fire Department.
1) R-PZD05-1610, East Square
2) R-PZD05-1635, the Falling Water subdivision request is currently
considered in the upper threshold in relation to response times. That area
is currently serviced by Fire Station #5. With the addition of Fire Station
#3, the response times for this area will substantially improve. The service
impact of this development will typically take eighteen months to occur.
3) RZN 05-1649, North St COC.
4) RZN 05-1650, Knight
Cc: Jeremy Pate
Andrew Garner
Jesse Fulcher
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FAYE SEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
Monday, August 15, 2005
Jeremy Pate
Director of Current Planning
125 W. Mountain Street
Fayetteville, AR 72702
Dear Mr. Pate,
I
POLICE DEPARTMENT
this document is in response to the request for a determination of whether the proposed
R-PZD 05-1635: Planned Zoning District (Falling Water at Stonebridge, 685)
submitted by H2 Engineering would substantially alter the population density and thereby
undesirably increase the load on public services or create an appreciable increase in
traffic danger and congestion.
Based on historical data of similar demographic and geographic residential areas,
estimations can be made regarding an increase in police calls for service; however, the
estimated increase in this case would be negligible. Given the current traffic environment
in this area, a development of this size may have an impact on traffic congestion. The
Engineering Department may provide more specific information regarding questions
about the traffic impact for the Falling Water at Stonebridge PZD.
Sincerely,
Lieutenant Rob Turberville
Fayetteville Police Department
FAYETTEVILLE POLICE DEPARTMENT (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
P.O. BOX 1988 JAIL: 140-A WEST ROCK STREET 72701
FAYETTEVILLE, ARKANSAS 72702-1988 PHONE: 479-5873555 FAX: 479-587-3522
FAYETTEVIL' LE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-575-8206
ENGINEERING DIVISION CORRESPONDENCE
TO: Planning Commission Members
'FROM: Brent K. O'Neal, P.E., Staff Engineer
DATE: October 6, 2005
SUBJECT: Falling Water (PPL 05-1635)
Bridge Assessments -REVISED
The following is the Engineering Division's recommendation to the Planning Commission for off -site
assessments:
1. BRIDGE OVER THE WEST FORK OF THE WHITE RIVER:
The Engineering Division recommends that this subdivision be assessed for a percentage of the
construction costs to construct a bridge over the West Fork of the White River on Dead Horse
Mountain Road. The following is a rational nexus calculation for this offsite improvement:
Approximate Dead Horse Mountain Road Bridge dimensions:
Length -600 L.F.; Width — 60'; Surface Area of Decking — 36,000 s.f
Projected Traffic from development — (255 Lots * 9.57 vpd/lot) - 2440 vpd
Assume 33% of vehicle trips will use Dead Horse Mountain Road and go north —813 vpd
Minor Arterial traffic capacity= 14,800 vpd
% Traffic from development = 5.49%
West Fork of the White River Bridge Costs:
36,000 s.f.($60.00/s.f) = $2,160,000.00
Falling Water Percentage of Costs:
0.0549($2,160,000.00) = $1 18.654.05
Therefore, the Engineering Division recommends that the Falling Water be assessed $118,654.05 for the
future Dead Horse Mountain Road Bridge across the West Fork of the White River.
Taye rvllle
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of October i0, 2005
TREE PRESERVATION and PROTECTION REPORT
To: Planning Commission
From: Sarah K. Patterson, Urban Forester
Date: Octobers, 2005
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3470
ITEM #: R-PZD o5-1635: Planned Zoning District (Falling Water)
Requirements Submitted:
Initial Review with the Landscape Administrator
✓
Site Analysis Map Submitted
✓
Site Analysis Written Report Submitted
T
Complete Tree Preservation Plan Submitted
Canopy Measurements:
Iota, Site Area -
acres
136.7
square feet
5,954,652
l xistin TreeCalo .
acres
116.17
square feet
5,060,365.2
percent of site area
85%
Existing Tree Canopy Preserved
acres
66.5
square feet
2,896,740
percent of total site area
48.6%
P,cent nimum Cano, ,y1e, uiredl
25%
FINDINGS:
The desirability of preserving a tree or group of trees by reason of age, location, size or
species.
• The only trees identified on -site are those that will be affected by the
installation of roads and utilities. The Tree Chart indicates 23
significant trees, most being oaks, that will be removed. These trees
are all found to be in good condition. The lot sizes allow future home
builders to preserve a large amount of tree canopy. A covenant of the
subdivision will also require each lot to keep a 30 foot buffer along the
sides and back of lots.
The extent to which the area would be subject to environmental degradation due to
removal of the tree or group of trees.
• Little environmental degradation should occur due to the removal of
the proposed canopy. The site is very heavily wooded and sloped. It is
a hope of the developers to be allowed a variance on street width so
less is disturbed overall.
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 adjacent properties should not be affected by the removal of
canopy. The project site is one however that can be seen from many
different areas of town. It is the hope that by using canopy buffers
and working roads around topography that the development will well
hidden.
Whether alternative construction methods have been proposed to reduce the impact of
development on existing trees.
• The developer is asking for street width variances to minimize impact
and also to reroute all utilities to the front of properties.
Whether the size or shape of the lot reduces the flexibility of the design.
• The size and shape of the lot does not reduce the flexibility of design
but the topography does create problems.
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 23 identified trees was good.
The placement of the tree or group of trees in relation to utilities, structures, and use of
the property.
• The roads maneuver through the terrain but with such a thickly
wooded site tree removal is inevitable. Utilities are proposed for
front access only.
The need to remove the tree or group of trees for the purpose of installing, repairing,
replacing, or maintaining essential public utilities.
• If the proposal is approved, the utilities will remain in the front
reducing the amount of canopy lost. Currently 2,163,625.2 square feet
of canopy will be removed by installation of roads, right of ways, and
utilities. If the utilities are moved to the back additional canopy will
be lost.
Whether roads and utilities are designed in relation to the existing topography, and
routed, where possible, to avoid damage to existing canopy.
• Consideration has been taken during the design process. The
proposal is for more narrow street widths with all front access
utilities. The roads do well in most cases to follow the existing
canopy.
Construction requirements for On -Site and Off -Site Alternatives.
• N/A
The effects of proposed On -Site Mitigation or Off -Site Alternatives.
• No mitigation will be required.
The effect other chapters of the UDC, and departmental regulations have on the
development design.
• • This project is in a Planned Zoning District.
The extent to which development of the site and the enforcement of this chapter are
impacted by state and federal regulations:
N/A
The impact a substantial modification or rejection of the application would have on the
Applicant: . -
• Staff is recommending approval of the submitted Tree Preservation
Plan.
Recommendation: Staff recommends approval of the submitted Tree
Preservation Plan associated with R-PZD o5-1685, with the following
conditions:
1. Silt fencing is allowed to double as tree protection fencing but a note must be
included on the plan stating this. If this is not the case, all areas for preservation
outside of the utility easements and right of ways must show tree protection
fencing. See lots 24-29.
2. On page 12 between lots 150 and t51 a 20 foot utility and walking trail easement
is proposed. Please revise tree protection fencing detail to follow this easement
line.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-444-3469
TO: Suzanne Morgan, Associate Planner
FROM: Alison Jumper Park Planner
DATE: October 6, 2005
SUBJECT: Parks & Recreation Comments
Meeting Date: October 10, 2005
Item: R-PZD 05-1635 Falling Water at Stonebridge, 685
Park District: SW
Zoned: R-PZD
Billing Name & Address: Lamberth/Carlton
Land Dedication Requirement
Money
in Lieu
Single Family
255 @.024 acre per unit= 6.12 acres _____@$555
per
unit =$______
$
Multi Family
@ .017 acre per unit = acres
@
$393
per
unit =
$
Mobile Home
@ .024 acre per unit = acres
@
$555
per
unit =
$
Lot Split
@
$555
per
unit =
$
COMMENTS:
• On June 6, 2005 the Parks and Recreation Advisory Board recommended accepting a
land dedication with adequate street frontage to meet the Park Land Dedication
requirements of this development.
• Currently there are no neighborhood parks within a %2 mile radius of the proposed
development. With 255 units, this major development creates a strong need for a
neighborhood park. Additionally, this land would provide a unique recreational
experience for its residents.
A pedestrian connection between lots 247 and 248 is recommended.
• A deed for the park land is due before final plat.
• Please coordinate with Parks and Recreation Staff to install park boundary signs on the
park land. Parks and Recreation will provide the posts, signs, and hardware.
R-PZD 05-1635
at!r••
Findings of this study are summarized as follows:
• Traffic volumes projected to be generated by the resi-
dential land use of the site.are approximately 2,440
vehicle trips (combined in and out) per average week-
day.
• The AM peak hour (7:00 - 8:00 AM) and the PM peak
hour (5:00 - 6:00 PM) have been determined to be
the worst -case traffic conditions in the vicinity. It is
estimated that approximately 191 additional vehicle
trips will seek ingress and egress at the site during the
AM peak hour and approximately 257 additional vehi-
cle trips will seek ingress and egress at the site during
the PM peak hour at full development of the site.
• The subdivision internal street network proposed to
serve this site will serve the ingress and egress needs
of the site well if constructed as two-lane roadway
sections. Additionally, the proposed Pumpkin Ridge
Road intersection with Dead Horse Mountain Road
will serve the ingress and egress needs of the site
well if constructed as a two-lane roadway section con-
sisting of an inbound lane and an outbound lane.
• The sight distance was examined and found to be
satisfactory for traffic entering Dead Horse Mountain
Road from Pumpkin Ridge Road.
• Analysis for existing traffic conditions (existing traffic
volumes, lane geometry and traffic control) were con-
ducted for the adjacent street AM and PM peak hours.
For the intersections included in this study all of the
existing vehicle movements for existing traffic condi-
tions presently operate at what calculates as an ac-
ceptable LOS "D" or better for the AM and PM peak
hours except for the northbound vehicle movements
on Stone Bridge Road at Highway 16 (LOS "F") with
"Stop" sign control.
PETERS & ASSOCIATES
ExcwEE!. 0C.
Page 22
E
PETERS & ASSOCIATES
LVGINEEI6. INC.
raffec Study
• Capacity and level of service analysis were performed
for projected traffic conditions with the development of
the proposed residential subdivision for the adjacent
street AM and PM peak hours. All of the vehicle move-
ments at the three intersections analyzed are projected
to operate or continue to operate at an acceptable LOS
"D" or better during the AM and PM peak hours except
for the following:
o The northbound vehicle movements on Stone
Bridge Road at Highway 16 (LOS "F" already exists)
with "Stop" sign control for the AM and PM peak
hours but improves to an acceptable LOS "C" with
traffic signal control plus the addition of an east-
bound right -turn lane on Highway 16 at Stone
Bridge Road.
o The southbound vehicle movements on Stone
Bridge Road at Highway 16 (LOS "E") with "Stop"
sign control for the PM peak hour but improves to
an acceptable LOS "C" with traffic signal control
plus the addition of an eastbound right -turn lane on
Highway 16 at Stone Bridge Road.
o The northbound vehicle movements on River Mead-
ows Drive at Highway 16 (LOS "F") with "Stop" sign
control for the AM and PM peak hours. With the
construction of a traffic signal at the intersection of
Stone Bridge Road and Highway 16, some of these
vehicles would have the option of utilizing the traffic
signal just to the west. These traffic volumes are
low and the delay is caused by the much higher traf-
fic volumes on Highway 16.
• For projected traffic conditions, analysis was conducted
with the lane geometry and traffic control as currently
exists at the intersections of Highway 16 and Stone
Bridge Road and Highway 16 and River Meadows Drive
and the two-lane geometry on Dead Horse Mountain
Road and on the proposed Pumpkin Ridge Road. Addi-
tionally, for projected traffic conditions, analysis was
also conducted with the addition of an eastbound right -
Page 23
•
turn lane on Highway 16 at Stone Bridge Road plus traf-
fic signal control at this intersection.
• It was found that traffic signal warrants are not currently
met for the intersection of Highway 16 and Stone Bridge
Road with existing traffic volumes.
• It was found that traffic signal are projected to be met
for the intersection of Highway 16 and Stone Bridge
Road at full build -out of the Falling Water residential
subdivision.
P*
00 Recommendations of this study are summarized as follows:
• It is recommended that an interim design span -wire
mounted traffic signal be constructed at the intersection
of Highway 16 and Stone Bridge Road. Traffic signal
control at this intersection is appropriate. The opportu-
nity of cost sharing with other beneficiaries should be
4 explored. This traffic signal could serve until Highway
w 16 improvements are completed.
b • It is recommended that a minimum 120 -foot (plus taper)
beastbound right -turn lane be constructed on Highway
16 at Stone Bridge Road in order to ease the potential
P queuing of eastbound traffic. This should be consid-
00 ered an interim improvement to serve until Highway 16
No improvements are completed.
we
• Intersection improvements (eastbound right -turn lane
on Highway 16 at Stone Bridge Road) and traffic signal
design at the intersection of Highway 16 and Stone
Bridge Road must conform to design standards of the
City of Fayetteville and AHTD and will require approval
by both the City and AHTD.
4
• It is recommended that the new streets be constructed
as a part of this development to conform to the City of
Fayetteville design standards which will also require
approval by the City of Fayetteville.
��PETERS & ASSOCIATES
4 IW«�.INC.
I
Page 24
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1
1
PETERS & ASSOCIATES
DIICWECPS. INC.
• It is recommended that as development continues in
the vicinity of the study area, the intersection of High-
way 16 and River Meadows Drive should be moni-
tored to determine the need for traffic signal control.
Page 25
7
c K'
ENGINEERING, INC.
October 17, 2005
Jeremy Pate
Current Planner
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: FALLINGWATERS - WAIVER REQUEST
Mr. Pate,
As design has progressed on Falling Waters, the steep nature of the property is
again requiring us to request a waiver from standard Fayetteville requirements.
Just as the previous waivers, this waiver request will minimize the disturbance of
trees and land on the site and better preserve the natural state of this property.
We request that
the
following
intersections
of streets in
the
development be
allowed to exceed
the
maximum
4% grade for
the
first 100'
from
the intersection.
•
Pumpkin
Ridge intersecting Dead Horse Mountain: 8% avg
•
Street
A
intersecting
Pumpkin
Ridge: 7.5% avg
•
Street
A
intersecting
Street C:
11% avg
•
Street
B
intersecting
Street A:
8.4% avg
•
Street
B
intersecting
Pumpkin
Ridge: 8.8% avg
•
Street
D
intersecting
Street C:
12% avg
•
Street
F
intersecting
Street E:
17% avg
•
Street
G
intersecting
Street C:
7% avg
•
Street
H
intersecting
Street C:
15.5% avg
•
Street
I intersecting Street C: 7% avg
With the steep grades coming down the mountainside, it is impractical to attempt
to maintain a 4% grade for the first 100' from the intersection. This would require
an excessive amount of cut, fill, and disturbance at intersections as well as
drastically increase the street slopes between intersections. We have attempted
to design the intersections at the flattest possible grade, but it will still be
necessary to exceed the 4% requirement on many of the intersections.
Additionally, for many of the
same
reasons stated previously,
we are
requesting
a waiver from the maximum
street
grade requirement as well.
Current
standards
for the design of city streets state that the maximum allowable grade not exceed
10%, with a prevision to allow grades up to 15% for lengths not to exceed 300
feet. The finished grade profiles of the streets listed below, although not final,
indicate the need for this waiver:
•
Street
A:
600'
16%-19%
avg
•
Street
B:
350'
13%-16%
avg
•
Street
C:
500'
13%-16%
avg
•
Street
C:
350'
13%
avg
•
Street
F:
700'
15%-17 avg
•
Street
G:
500'
13%
avg
•
Street
H:
450'
18%
avg
•
Street
1:350'
12%
avg
Thank you for your consideration in this matter. Please feel free to call if you
have any questions or comments.
Respectfully,
Jeremy Thompson, E.I.
Project Engineer
1�-
.rave aevie
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
113 West Mountain St.
Fayetteville, AR 72701
ENGINEERING DIVISION INTEROFFICE MEMORANDUM
To: Planning Commission, City of Fayetteville
From: Brent K. O'Neal, P.E.
Subject: Street slopes, Fallingwaters Subdivision
Date: October 19. 2005
CC: Ron Petrie, Matt Casey
Staff supports the proposed alignment for the intersection of streets that exceed the maximum
allowed slope. The design engineer has provided information detailing the locations in their
waiver request.
There are two potential benefits to allowing the proposed alignments: a reduction in the amount
of disturbed area for cut and fill, reduces the amount of tree canopy removed with the reduced
disturbed area.
The applicant has also been working with Staff on street cross -sections that are narrower than the
Cities minimum standard for width and right-of-way. This also reduces the amount of disturbed
area and tree removal. Two typical cross -sections have also been attached showing the proposed
narrower street cross -sections.
The attached memo dated February 1996 outlines street slopes of some of the steeper streets that
exist in the City of Fayetteville for comparison.
Please contact me with any questions or comments.
Thank you,
Hci
Brent K. O'Neal
%YETTEVILLE
. ....i Of fAYETTEVILL( ARKANSAS
EPARTMENTAL CORRESPONDENCE
To: Alett Little, Planning Management Director
From: Jim Beavers, Engineering
bate: 26 Feb 96
Re: street slopes
The following street slopes/grades are furnished as requested.
Please note that the slopes are approximate and are based upon
topographic maps, and not as-builts or surveys. Thus the slopes
listed are slightly greater than actual slopes.
street average slope maximum slope
Township 9 % 13 %
(N. College to Jimmie)
Ash 5.5 12.5
(east of N. College)
-North Street 8% 14.3
(N. College to Hillcrest)
Rockwood Trail 8.5 16.5
(western half)
Rogers Drive 12.5 16
(south from Southern Heights)
Center Street 5.4 11.5
(west of Schhol St.)
Dickson Street 7.2 13.8
(east of N. College).
Meandering Way 9..3 13.5
Victoria Way 11 14.4
Marvin Gardens 10 15
(proposed)
Cleveland 7 10.4
(west of Razorback)
Rock Street . 10.2
Woolsey •.11.3
(1uGST sr at VA)
Sunset Drive 10..5.
%*df C a4 i c
Ruth 16
.Anson 9
(western half)
Arlington Terrace 18
(west face)
Sycamore 94
(Gregg to Woolsey)
Maple Street 6'
(east face)
Maple Street 10
(west face)
12
20
20
20
20
ip
w
3
FALLING WATERS
Proposed Phasing Schedule
Phase 1* Jan '06 —Dec —'06
Phase 2 Jan'07 — Dec —`07
Phase 3 Jan '08 — Dec —'08
Phase 4 Jan '09 — Dec —'09
Phase 5 Jan '10 —Dec —' 10
Phase 6 Jan ' l l — Dec —' 11
* Assumes PZD Approval occurs by the end of 2005. At the point off PZD Approval we
expect to start construction of each phase and completion of same roughly every 12
months; although, if the market remains healthy we could potentially start Phases I and
2 at the same time.
J
August 24, 2005
Jeremy Pate
Current Planner
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: FALLING WATER— WAIVER REQUESTS
Mr. Pate,
Falling Water is a Residential PZD located on a mountainside in southeast
Fayetteville. This development has a fairly steep slope across the majority of the
site. Due to the steep slopes, we are requesting a few waivers from standard
Fayetteville requirements in. Order to minimize the disturbance of trees and land
on the site and to better preserve the natural state of this property. Following is a.
list of our waiver requests:
• Street lights to be placed every 330' instead of every 300'. Front lot
widths in this development are approximately 110'. If this waiver is
approved, street lights could be placed on every 3`d lot line as opposed to
every 2'd lot line, reducing the amount of light pollution from the
development.
• 3 sections of street in the development exceed the city's maximum block
length of 1400'. A block on Pumpkin Ridge. is approximately 1835', a
block on Street B is approximately 1900' and a block on Street F is
approximately 1680'. At first look, it seems that these blocks could be
shortened by moving the locations of intersections. Unfortunately, the
terrain we are dealing with is fairly rough and we are at the mercy of the
terrain when laying out the streets. Any effort we make to shorten these
block lengths would require additional streets running up and down the.
mountainside. Streets that run along the mountainside (with the contours)
are hidden from view from a distance by trees. Streets that run up and
down the mountainside are very visible from a distance. We have done
our best to minimize the number of streets running up and down the
mountainside, thereby reducing the visible scarring of the mountainside.
Any additional streets added that run up and down the mountainside
• would both scar the mountainside and decrease the amount of tree
canopy that we are able to preserve
RECEIVED
SEP 0 7 2005
n4 ..a\ ..._._
v..
In an effort to. reduce. the amount of tree canopy that is disturbed and, to
minimize the scarring of the mountainside, we have proposed some street
sections for this development that are•not incomplete compliance with the
City of Fayetteville's requirements. We have worked. very dosely with
engineering and: planning in an effort to provide the best street section for
this mountainside. Attached, you will find an exhibit showing our two
proposed cross sections. You will notice that we are also showing utilities
on the street frontage instead of at the rear lot lines. We have placed the
utilities here in -order to eliminate the need to cut a 20' wide swath of trees
along the back lot lines. We feel that our proposed street sections are the
best solution for this development.
Thank you for your consideration in these matters. Please feel free to call if you
have any questions or comments.
E.I.
Engineer
cIt
ENGINEERING, INC.
August 24; 2005
Sarah Patterson
Landscape Coordinator
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: FALLING WATER
TREE PRESERVATION ANALYSIS
Dear Sarah,.
We are submitting a. preliminary plat for Falling Water, a residential•PZD. This project
is located south of Stonebridge.Golf Course, just East of Dead Horse Mountain Road.
There will be 254 residential lots, 3 lots dedicated for detention, 2 lots dedicated for
sewer lift stations, 1 lot dedicated for a water tower, and a 6.24 acre park area.
This subdivision was designed with an emphasis on minimizing impacts to existing
tree canopy. We are proposing variances to the City's standard street sections in
order to minimize the grading and disturbance needed for street construction. We are
also proposing to place utilities along the front lot lines in order to eliminate the
standard practice of cutting out a 20' wide swath of trees along the back lot lines for
utilities. Also, homeowners will be required. to preserve a 30' buffer along the side and
back lot lines of their property. The lots in this subdivision are mostly larger than 1/3
acre, allowing the homeowners some freedom in the placement of homes on their lots.
The larger lot size should allow homeowners to preserve significant trees on their
property. Even though the character •of the terrain limited our design options
throughout the project, we believe that the resulting layout, proposed street sections,
lot restrictions and lot sizes are the best alternative for this site.
The existing tree canopy takes up approximately 85% of
the site.
In our tree
calculations for preserved tree
canopy, we estimated that on
lots mostly
covered by
trees, 40% of the tree canopy
would be disturbed. The only
other trees
that will be
disturbed are trees located in
the street right-of-way, utility
easements, detention
areas, and where grading may
need to extend outside of some of these
areas. Our
layout preserves canopy on approximately 48% of the site. RECEIVED
SEP072005
Thank you for your consideration of this project. Please feel free to call if. you have
any questions or comments.
Sincerely,
Thompson, E.I.
Engineer
Cc: Jeremy Pate, Current Planner
0 ..
tPZD05-1635 FALLING WATER @ STONEBRIDGE
One Mile View
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Planning Commission Minutes
October 24, 2005
• R-PZD 05-1635 for Falling Water at Stonebridge.
Ostner: The next item is R-PZD 05-1635 for Falling Water at Stonebridge.
Ms. Morgan read the staff report. This property consists of approximately 137 acres
located south of Stonebridge Meadows Phase 11 with Dead Horse Mountain Road to the
east. The' lots range from approximately 8,000 to 39,000 sq.ft. for single family
development. The total lot count is 255 single family lots with two lots for lifi stations
and three lots for POA greenspace as well as a lot for a water tower for the development.
There are six phases proposed in the development, each to obtain construction approval
within a year of each other. The setbacks range from 15' to 25' based up on the slope.
The applicant has worked with the consultants for the hillside ordinance and are
requesting a waiver for the cross section of a street, they are proposing a 27' right of way
and 33' right of way with 22' and 28' wide streets. They are requesting a waiver for the
slope of streets within the subdivision and slope of intersection to allow a greater slope
than required. The Engineering Division and Planning Staff are in favor of the waivers.
A modification has been made to the intersection of Streets C & D to reduce the slope of
the intersection. This property will produce approximately 2,550 additional vehicle trips
on the nearby streets. Staff is recommending street improvements on Dead Horse
Mountain Road to the subject property including curb and gutter, storm drains and a 6'
sidewalk at the right of way. Installation of a traffic signal at the intersection of
Huntsville Road to be constructed with Phase I of this development. Staff also
• recommends construction of a right hand turn lane on Huntsville Road at the intersection
of Stonebridge Road for traffic. If there is not sufficient right of way to build the lane
staff recommends requiring an assessment. If the Highway Department would not
approve a traffic signal by the time the Final Plat for Phase I is approved staff
recommends requiring an assessment. Pedestrian walkways have been provided through
the subdivision to the park area. The applicant proposes to preserve 48.6% canopy. In
addition, in the covenants they have included a requirement to maintain 40% tree canopy
on each lot. There are 35 conditions of approval. Planning Commission determination of
street improvements, waiver requests of standards for design sections, determination of
slopes at intersections, waiver to exceed maximum grades for streets within the
subdivision, a waiver of block length requirement not to exceed 1,400 feet, determination
of a waiver of maximum distance between street lights (300' maximum), the applicant
requests a location every 330'. This is in the bridge assessment area for Dead Horse
Mountain Road, the applicant will be assessed $118,654.05 for the bridge.
Mr. Tom Hennelly with H2 Engineering represented the applicant. He stated the
installation of a full traffic signal at the intersection, Peters & Associates did a traffic
study and found that peak traffic at Stonebridge at peak hours was at a level of service of
F. The contention is the study was done based on the full build out of 2,550 vehicles per
day being added to the traffic count. This development is going to be phased over a
period of years and would like the Commissioner to take conditions into account when
making a determination. There are water pressure problems and the developer is
• proposing to put a water tower in on top of the development and extend a 14" water line
in from the west across the river to Dead Horse Mountain Road to the intersection of
Planning Commission Minutes
October 24, 2005
Dead Horse Mountain Road and Goff Fanm Road at a tremendous amount. Traffic signal
warrants are not currently met from Stonebridge but traffic signal warrants are projected
to be met upon full build out. This developer is going to be required to pay for the
improvements that other people will be benefiting from and contributing to. Ile
requested that condition eight be revised to read approval for the 4" trees located within
the building setbacks and not for every tree to cut down. The side setbacks and rear
setbacks was the purpose of preserving the 40% canopy per lot. The water tower is
probably not going to be necessary until Phase II and those lots will be dedicated to the
city but the developer would rather not dedicate the land until the water tower is required
with a phase.
Commissioner Ostner opened the floor to public comment. There was no public
comment.
Commissioner Vaught asked if the condition for a traffic signal could be made an
assessment will be required at the time that the Highway Department determines a need
for a traffic signal.
Ms. Morgan stated the condition reads per AHTD approval or an assessment to be paid at
the time of Final Plat for Phase 1.
Commissioner Vaught stated the Master Street Plan shows a realignment of Dead Horse
Mountain Road and if the traffic signal would be better warranted at Stonebridge or Goff
Farm Road and redirecting traffic that direction.
Ms. Morgan stated she was not aware of proposed modifications for Dead Horse
Mountain Road. The recommendation for traffic signalization is based from the traffic
study performed by Peters & Associates.
Commissioner Vaught
stated he was not
opposed
to having the traffic signal installed
with Phase 11 or Phase
III to generate some
revenue
prior to installation.
Mr. Hennelly stated he would like to go back to the traffic engineer and determine at
what number of additional lots in the area, at what point does the engineer recommend
the traffic signal be put in, and then assess the other developers of the lots going in so that
everybody is required to pay for their share. The economic feasibility of the project just
dwindles.
Mr. Whitaker stated it is conceivable that improvement districts can be made to improve
a number of things in a district to pay for upgraded infrastructure including roads and
traffic signals.
Mr. O'Neal stated there have been assessments taken on other developments to pay for
traffic signals.
Planning Commission Minutes
October 24, 2005
Mr. Tim Cooper, the Architect, stated it was the developer's intent to have as much •
diversity as possible in the development. Detailing of the whole concept and marketing it
to architects and builders to do unique and site driven homes. He stated there will be an
architectural review committee.
Commissioner Anthes stated each house will have a driveway and asked if there has been
anything to minimize the width of the driveway cuts.
Mr. Hennelly stated a single lane with an apron would be something that people would
probably want to incorporate.
Commissioner Anthes asked about the 28' street sections that were shown.
Mr. Hennelly stated in certain locations after working with staff and the Tech. Plat
Review Committee, the right of way varies. To be able to get storm drainage and the
sidewalk and jockeying of where the utilities are located, the larger street sections are
limited to the main through streets. 24' with curb and gutter are as narrow as the
developer felt comfortable doing because people will park on the sides of the streets. He
stated the reason the through streets are 28' is planning for future connections to other
possible development coming from the east from adjacent property owners.
Commissioner Anthes questioned the need for traffic calming with the increased length in •
streets.
Mr. Hennelly stated that there are some creative measures that can be taken to calm
traffic. High speeds would probably not be encouraged because of the vertical
alignments.
Commissioner Anthes stated she would encourage lots 143 and 146 to be left open so
everyone could enjoy the park land and asked if there was a restriction on fencing.
Mr. Hennelly stated all lots adjacent to the park will be restricted to wrought iron fencing
so that the view is not obscured. There is a 300' throat into the park. The piece of
property that is going to be dedicated is a very nice piece of property.
Commissioner Anthes stated this subdivision and two or three others tonight are located
on the west part of town on Huntsville Road and there is a difficult time looking at the
Master Street Plan and areas of connectivity because there are difficult connections and
expensive connections because bridges will be required and are therefore, expensive.
However, the Commission is limiting eastlwest stub outs because it may be expensive to
build the roads and yet, it could be a very difficult situation to bring every car to
Huntsville Road. The city needs to think on a larger city scale on alternate routes to
Huntsville Road.
•
• Planning Commission Minutes
October 24, 2005
• Commissioner Ostner stated that waiting on items to get clone until future phases
concerned him.
Mr. Whitaker stated it is a gamble that the Commission takes with every development
when it is phased.
Commissioner Clark stated that is why Subdivision Committee recommended the traffic
signal be required with Phase 1.
Mr. Hennelly stated the traffic study that was done only made mention of the benefit that
it would have on the north bound traffic going to Huntsville. The traffic signal will not
help Hwy. 16 traffic, but only allow this traffic onto Hwy. 16 safely.
Commissioner Vaught stated he was in favor of doing an assessment in phases. Phase I
is doing a substantial amount of improvements and he would prefer an assessment
district.
Commissioner Ostner stated that Peters & Associates reported that currently a light is not
warranted and therefore, the Highway Department may not allow it.
Mr. Hennelly stated the growth is rapid in the area and there is intent on developing
adjoining property. The city could accelerate the installation of the traffic signal if each
• developer was required to pay their fair share and the city would get the light faster.
Commissioner Ostner asked how a general assessment district works.
Mr. Whitaker stated he would need to do more research on the statutes to providing an
assessment district.
Mr. Hennelly stated the developer would be agreeable to approaching the City Council to
establish an assessment district. He then asked about condition number 20, whether
dedicating the entire six acres needs to be done at the Final Plat of Phase 1. He stated it is
unfair to ask the developer to pay everything up front since he has been forthright with
showing the plan for the entire development, rather than bringing it through piecemeal.
Commissioner Vaught asked if there had to be an assessment district set up or if it could
just be money placed in escrow.
Mr. O'Neal stated once the infrastructure is built the city can no longer assess and so no
further assessments can be taken. If the light is delayed until Phase 11 or III, the
developer may build the next few phases with no light warranted but then a development
on the west side comes in and the lots were also assessed, the assessment for those two
lots would be disproportionate to what they should be. The question is do you do it per
lot basis, which is directly connected to traffic generation, or per acre basis.
• Commissioner Vaught asked about the option of a cost share with the city.
•
S
Planning Commission Minutes
October 24, 2005
Commissioner Anthes stated the light is part of the street infrastructure and the •
Commission has required off site street improvements. The traffic study is suggesting
several intersections that should be watched, Hwy. 16 and Stonebridge, Hwy. 16 and
River Meadows Drive.
Mr. Hennelly stated that section of Huntsville Road is under consideration by the
Highway Department for significant widening so improvements that are going to be made
should be placed so that they are ready for the widening of Huntsville Road.
Ms. Morgan stated this project has 137 acres and 255 lots with very little frontage on
Dead Horse Mountain Road and staff is recommending that the developer only improve
half of that street. Staff felt requiring the street light did not exceed the rational nexus
calculations for the development.
Commissioner Vaught stated the easiest way to pass this project forward was to approve
it as staff has recommended and let City Council and the developer work out how and
when the assessment is made because the City Council does have options to explore that
the Planning Commission can't.
Commissioner Anthes asked about condition of approval number 10.
Mr. Hennelly stated a temporary cul-de-sac will be built on the property adjacent to this •
development and that the owner has received permission from that property owner to
build that street.
Commissioner Clark made a motion to forward R-PZD 05-1635 to the City Council with
35 conditions of approval and findings of fact as stated in the conditions, noting the
comments about rough proportionality.
Commissioner Myres seconded the motion and asked to remove condition 33.
Ms. Morgan stated that was fine with staff and condition nine should be amended to
strike the 24' width street and condition eight amended to say side and rear setbacks.
Commissioners Clark and Myres agreed to those amendments in the conditions of
approval.
Roll Call: Upon the completion of roll call the motion to recommend approval of R-
PZD 05-1635 to the City Council was approved by a vote of 7-0-0.
ED
• •
Planning Commission Minutes
October 24, 2005
• Commissioner Clark stated she thought the developer agreed to restricting property owners from removing trees from lots exceeding 40%.
Mr. Hennelly stated the wording of the condition of approval was the concern. Placing a
building footprint on any lot is going to be difficult when a home owner has to get
permission to remove the tree from different entities, the POA and the City Urban
Forester could limit if someone wanted to place their house right at the setback line. That
might cause some confusion and the intent is after the home is built and occupied that
authorization has to be given of anybody to cut down a tree larger than 4" after the house
is built.
Commissioner Clark stated that was her intention to require that after the house and
driveway are built. The condition should read after the homes are constructed and the
driveways are in. The idea is not to clear cut.
Ms. Morgan stated that the covenants state that no 4" caliper tree within the building
setbacks shall be cut down. As for the urban forester, there was a lot of discussion before
the condition was included in the covenants, based upon the hillside ordinance, the urban
forester would be involved in that decision. However, since that is not an ordinance yet,
the urban forester is not required.
Mr. Hennelly stated there is not a problem with the urban forester having authority of
• which trees would come down with that condition.
Commissioner Clark stated the development has followed most all things in the proposed
hillside ordinance.
There was considerable discussion about the wording of condition number eight
regarding removal of any trees 4" or greater.
Mr. Whitaker stated the Planning Commission does not have control over restrictive
covenants.
Commissioner Anthes noted that this is the largest subdivision ever presented in the City
of Fayetteville and asked why the Police Department felt this subdivision would not have
a negligible impact on police services.
Ms. Morgan stated this is a low density development and will be a lower impact than
what a standard RSF-4 zoning would be.
Commissioner Anthes asked if the flavor of this development was still intended to be
different from anything else in the city.
Mr. Hennelly stated the developer has obtained input from Design Workshop and with
staff to reduce the cross sections to have as minimal impact on the mountain for the city
• as possible.
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THIS DECLARATION OF
BILL OF ASSURANCES AND PROTECTIVE COVENANTS OF
FALLING WATERS
AN ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS
KNOW ALL MEN BY THESE PRESENTS:
That Lamberth'-Carlton Investments, LLC, an Arkansas limited liability company, being the
owner and developer ("Developer") of the following described property located in the City of
Fayetteville, Washington County, Arkansas, to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Said property having been duly platted as Falling Waters, an Addition to the City of
Fayetteville, Washington County, Arkansas (the "Subdivision"), said plat being recorded in the office
of the District Clerk and Ex -Officio recorder of Washington County, Arkansas, on
, in Plat Book , for the purpose of keeping said Subdivision
desirable, uniform and suitable in architectural design and use as herein specified, and to provide for
the orderly development of the Subdivision, does hereby make this Declaration of Bill of Assurances
and Protective Covenants (this "Declaration") setting forth the following limitations, restrictions and
uses on LOTS 1 THROUGH 254, inclusive, of the Subdivision. In the event that two or more lots are
combined in accordance with Section 8, Paragraph N of this Declaration, the total number of Lots
will be adjusted accordingly and an amended Plat will be filed and recorded with Washington
County, Arkansas and will supercede all prior Plats and will replace Exhibit "B" of this Declaration.
In the event a water tower is not required anywhere on the property in Exhibit "A", a total of three
(3) additional lots may be added to the Plat and those lots will adhere to this Declaration.
Developer does hereby state that this Declarations shall establish covenants running with the
land for the period of time hereinafter set forth, as provided by law and shall be binding upon all
purchasers and owners of LOTS 1 THROUGH 254, inclusive, of the Subdivision and upon such
owner's heirs, personal representatives, successors and assigns, and upon all persons claiming under
them. In the event that two or more lots are combined in accordance with Section 8, Paragraph N of
this Declaration, the total number of Lots will be adjusted accordingly. In the event a water tower is
not required anywhere on the property in Exhibit "A", a total of three (3) additional lots may be
added to the Plat and those lots will adhere to this Declaration.
It shall be lawful for the Falling Waters Property Owners Association (hereinafter referred to
as the "Association" and more particularly defined herein) or for any other person or persons owning
real property situated in the Subdivision to initiate any proceedings at law or in equity against parties
or persons violating or attempting to violate any of this Declaration and to recover damages for such
violations. Any rights reserved hereunder to the Developer may also be exercised by any owner of
lots situated in said Subdivision, either individually or collectively, or the Association. The
Falling Waters Covenants
invalidation of any one provision of this Declaration by a court order shall not invalidate any of the
other provisions which shall remain in full force and effect.
1. Covenants and Definitions.
The following words, when used in this Declaration or any amendments or supplements
thereto (unless the context shall otherwise clearly indicate or prohibit), shall have the respective
concepts and meanings set forth below.
"Addition" or "Subdivision" shall mean and refer to the property described in Exhibit "A"
and as reflected on the Plat set out on Exhibit "B" and any additions thereto.
"Association" shall mean and refer to Falling Waters Property Owners Association, Inc., an
Arkansas non-profit corporation, its successors and assigns.
"Board" or "Board of Directors" shall mean and refer to the Board of Directors of the
Association elected in accordance with the provisions of the Articles of Incorporation and Bylaws of
the Association as set forth in Exhibit "C" attached hereto.
"Builder" shall mean a residential builder licensed under Arkansas law.
"Common Properties" shall mean and refer to any and all areas of land together with all
improvements located thereon within the Subdivision which are known, described or designated as
such on any recorded subdivision Plat of the Subdivision or intended for or devoted to the common
use and enjoyment of the members of the Association including but not limited to all entrance
features (including monument signs, columns and fencing, and associated landscaping and lighting),
pumps for recirculating water features, sidewalks, drainage and access easements and drainage
detention ponds. The Association shall hold such title to the Common Properties as shall be
consistent with the objectives envisioned herein and subject to the easement rights herein of the
members to use and enjoy the Common Properties. The Developer reserves the right to effect minor
redesigns or reconfiguration of the Common Properties and execute any open space declarations
applicable to the Common Properties.
"Developer" shall mean and refer to Lamberth'Carlton Investments, LLC, an Arkansas
limited liability company, and its successor(s) and assign(s).
"Developer Control Period" shall have the meaning set forth in Section 2, "Rights Reserved
for Developer."
"Dwelling" shall mean and refer to a single family residence constructed on a Lot in the
Subdivision that has been issued a certificate of occupancy by the City of Fayetteville.
Falling Waters Covenants
"Lot" or "Lots" shall mean and refer to any plot or tract of land which is designated as a lot
on the Plat which is attached hereto and labeled Exhibit "B". No lot as set forth on Exhibit "B" may
be further subdivided or split; provided however minor adjustments to lot lines or boundaries may be
made from time to time to cure title problems or to resolve procedures created by encroachments so
long as such adjustments are first approved by the Board and Developer if any lots are unsold and
closed.
"Member(s)" or "member(s)" shall mean and refer to each owner of a lot.
"Owner(s)" or "owner(s)"shall mean and refer to each and every person or business entity
who or which is a record owner or subsequently becomes a record owner of a fee or undivided fee
interest in any lot subject to these covenants.
"Plat" shall refer to the plat of survey set out in Exhibit "B" attached hereto.
2. Rights Reserved for Developer.
A. Developer, as owner of the Property, expressly reserves the rights set forth in this
Section with respect to the Property.
B. Developer Control Period.
(i) The Developer Control Period for Falling Waters (the "Developer Control Period") begins
when the Developer executes its first contract with a third -party purchaser to purchase a Lot
and shall terminate no later than sixty (60) days after Developer either (a) deeds at least
ninety percent (90%) of all Lots created or as may be created in Developer's sole discretion
from the Property, or (b) completes all Common Properties required for the efficient and
proper use of Falling Waters, whichever shall occur later, but in no event later than ten (10)
years from the date the Developer transfers and deeds its first Lot within Falling Waters to a
third -party purchaser. Once the Developer Control Period terminates, the Developer Control
Period shall not be extended or reactivated. The Developer shall have the right, but not the
obligation, to terminate the Developer Control Period at any time in its sole discretion by
filing an instrument in the real estate records of Washington County, Arkansas providing for
such termination.
(ii) During the Developer Control Period, the Association shall not enter into any lease
and/or contract for goods and services for the Property that extends beyond the Developer
Control Period. Any contract and/or lease in contravention of the foregoing sentence shall be
voidable at the option of the Association.
(iii) Developer expressly reserves a perpetual easement over all driveways, parking areas,
sidewalks and utility easements comprising a portion of the Common Property to connect
them with other driveways, parking areas, sidewalks and utility easements within Falling
Falling Waters Covenants
C1
Waters, the location of which shall be selected by the Developer.
(iv) During the Developer Control Period, the Board shall consist solely of members
appointed and determined by Developer and Developer reserves the right, in its sole
discretion, to appoint and remove members of the Board for any reason.
(v) Developer reserves the right to amend or supplement this Declaration in any manner
necessary to establish the validity and enforceability of this Declaration or to bring this
Declaration into compliance with federal law, the laws of the State of Arkansas or any
common law principle or judicial decision that may affect the validity and enforceability of
this Declaration.
(vi) Developer reserves the right to amend or supplement this Declaration in any manner
necessary to satisfy the requirements of any title insurance company that may be called upon
by the Developer to issue title insurance policies to Owners, provided such amendment is
reasonably required to support the validity and enforceability of this Declaration.
(vii) Except as otherwise may be provided in this Declaration, so long as Developer owns
any Lot, Developer reserves the right at any time and from time to time to unilaterally amend
this Declaration as it deems appropriate, in its sole discretion, to carry out the purposes of
Falling Waters established in this Declaration, or to correct an error or omission, or to
address and/or correct any matter required by any lending institution, public body or title
insurance company, or to change the configuration or size of any lands or Lots subject to this
Declaration, or to facilitate the operation and management of Falling Waters and the
Association, or the sale of Lots. Such an amendment by the Developer may be made
unilaterally, without the approval of any other party, and shall become effective upon the
recording of an instrument executed by the Developer in the real estate records of
Washington County, Arkansas, setting forth the amendment; provided, however, that no such
amendment to this Declaration may change to any material extent the configuration or size of
any Lot or change the proportion or percentage by which an Owner shares the expenses of
the Association, unless such amendment is also approved by at least a majority vote of the
Owners.
3. Membership and Voting Rights in the Association.
A. Membership. Every Owner of a Lot shall automatically be a member of the
Association.
B. Voting Rights. The Association shall have one (1) class of membership for purposes
of Voting. Owners shall be entitled to one (1) vote for each Lot owned by the owner. There shall be a
total of two hundred fifty-four (254) votes. In the event that two or more lots are combined in
accordance with Section 8, Paragraph N of this Declaration, the total number of Lots and votes will
be adjusted accordingly. In the event a water tower is not required anywhere on the property in
Falling Waters Covenants 4
Exhibit "A", a total of three (3) additional lots may be added to the Plat and those lots will adhere to
this Declaration and the votes will be adjusted accordingly.
C. Quorum, Notice and Voting Requirements. The quorum, notice, and voting
requirements of and pertaining to the Association are set forth within the Articles of Incorporation
and Bylaws of the Association, as the same may be amended from time to time. Subject to the
provisions of Section B above and any other provision to the contrary set out in this Declaration, any
action by or on behalf of the Association may be taken with the assent given in writing and signed by
members who collectively hold or control a majority of the outstanding votes of the Association.
4. Property Rights in the Common Properties,
A. Members' Easements of Enjoyment. Subject to the provisions of Section C of this
paragraph, every owner and each individual within an owner's family shall have a non-exclusive
right and easement of use, recreation, and enjoyment in and to the Common Properties and such
easement shall be appurtenant to and shall pass with the title of each respective Lot; PROVIDED,
HOWEVER, such easement shall not give such person (excluding the Developer and the
Association), the right to make alterations, additions or improvements to the Common Properties.
B. Title to the Common Properties. The Developer shall convey title to the Common
Properties, as depicted on the Plat, to the Association. To accomplish the purposes and effects of
this Declaration, the Association shall hold such title to the Common Properties for an indefinite
period of time, subject to the easements set forth in this Section 4. The Association shall have the
right to design, redesign, reconfigure, alter, improve, landscape, and maintain the Common
Properties.
C. Extent of Members' Easements. The rights and easements created hereby shall be
subject to the following:
(i) The right of the Board to prescribe reasonable regulations and policies governing,
and to charge fees and/or deposits related to, the use, operation, and maintenance of
the Common Properties and all Lots.
(ii) The right of the Board on behalf of the Association to enter into and execute
contracts with any party for the purpose of providing maintenance or such other
materials or services consistent with the purpose of the Association and/or this
Declaration.
(iii) The right of the Board to suspend the voting rights of any member and to
suspend the right of any member to use or enjoy any of the Common Properties for
any period during which any assessment (including without limitation "fines")
against a Lot resided upon by such member remains unpaid, and otherwise for any
period deemed reasonable by the Board for any infraction of the then existing rules
Falling Waters Covenants S
0
and regulations.
(iv) The right of the Board on behalf of the Association to dedicate or transfer all or
any part of the Common Properties to any municipal corporation, county government,
political subdivision, public agency, governmental authority, or utility for such
purposes and upon such conditions as may be agreed to by the Board.
5. ARCHITECTURAL CONTROL COMMITTEE
A. Designation of Committee. The Association shall have an Architectural Control
Committee (the "Committee"), consisting of at least two (2) and not more than five (5) members
who shall be natural persons until ninety percent (90%) of all Lots now subject to these covenants
and restrictions are sold and have Dwellings constructed thereon. The members of the Committee,
and all vacancies, shall be appointed by Lamberth-Carlton Investments, LLC, an Arkansas limited
liability company. When ninety percent (90%) of all Lots described in this paragraph are sold and
have Dwellings constructed thereon, the members of the Committee, and all vacancies, shall be
appointed by the Board of Directors of the Association.
B. Function of the Committee. No Dwelling, Building, Structure or other Improvement
shall be constructed or maintained upon any Lot and no alteration or repainting to the exterior of a
Dwelling, Building, Improvement or Structure shall be made and no landscaping performed unless
complete plans, specifications, and site plans showing the exterior design, height, building material
and color scheme, the location of the structure plotted horizontally and vertically, the location and
size of driveways, the general plan of landscaping, fencing walls and windbreaks, sewage systems
and the grading plan shall have been submitted in writing to and approved in writing by the
Committee prior to the commencement of construction. Once the Committee has approved the plans
and specifications, the Committee shall issue a permit to the Owner authorizing to commence the
construction ("Permit"). A copy of the plans, specifications, and Lot plans as finally approved shall
be deposited with the Committee. The Committee shall have the power to employ professional
consultants to assist it in discharging its duties. The decisions of the Committee shall be final,
conclusive and binding upon the applicant.
C. Content of Plans and Specifications. The plans and specifications to be submitted and
approved shall include the following:
(i) A statement by the Owner and his architect, engineer, designer or other
qualified person undertaking the design of the proposed Improvements that such
parties have visited the site and have reviewed and are familiar with the applicable
provisions of this Declaration, including the following design guidelines.
(ii) A site plan drawn to scale indicating:
Falling Waters Covenants A,
(a) Name of subdivision, lot, block, address and/or other required legal
description of the property, and North directional arrow.
(b) Property lines, including streets, rights -of -way, lakes, easements, set
back lines and all dimensions.
(c) Existing grade and location of proposed cut and/or fill, indicating
approximate slope and height or depth of each (2' minimum interval).
(d) Proposed sewer system footprint.
(e) Drainage plans indicating drainage patterns away from building to
swales, culverts and other drainage facilities.
(f) Parking and paving plans indicating the location of all parking areas,
driveways and sidewalks.
(g) Location of utility services, including particularly the location of all
above -ground equipment such as transformers, risers, meters, sewage grinder
pumps and tanks and similar items.
(h) Approximate location, size and kind of existing and proposed trees
greater than four inches in diameter measured at a point 3 feet above the
grade.
(i) Location of all structures, retaining walls, garbage and trash
containers, decks, terraces, patios and similar outdoor living areas, walks,
walls, fences, signs, swimming pools, fountains, air conditioner compressors
and other HVAC equipment and components located outdoors, mechanical
equipment, and other proposed improvements.
(j) Location of contractor's temporary facility, outhouses and other
temporary structures and items, to be used during construction.
(k) Any temporary access to the site.
(iii) Floor plans for all floors indicating interior room dimensions and use, the
location and size of exterior windows, doors and other openings, the location of
mechanical and electrical systems, or any other conceptual plans for which a review
is requested by the Committee.
(iv) Exterior elevations providing the exterior views of all structures, fences, signs
and similar Improvements labeled in accordance with the site plan. The elevations
shall include a brief description of all exterior materials, colors and finishes,
Felling Waters Covcnants 7
including without limitation those of the walls, roofs, trim, chimneys, doors and
windows. Building elevations shall be provided for all sides of the structure.
(v) Specifications or color boards as necessary to describe the (i) exterior wall
materials (acceptable exterior wall materials are brick, stone, cedar shake, stucco or
wood; vinyl siding, Dryvit or a similar product is not acceptable) and colors; (ii) roof
materials and colors; (iii) door materials and colors; (iv) chimney materials; (v)
stained or colored pavement materials; (vi) fencing and screening material; and (vii)
any other exterior site improvements. Color and material descriptions shall be keyed
to the exterior elevations, differentiating between general wall colors, fascia, railing,
structural elements, door, trim and accent colors, and other elements of the structure.
(vi) The landscaping plan indicating proposed plantings (by common and
botanical names) and their sizes; exterior lighting system, including decorative,
security and other types of illumination (including location and type of lighting
fixtures); irrigation system, special landscape features including without limitation
ponds and fountains; flower and vegetable gardens; and similar outdoor
improvements. A residential landscaping irrigation system is required for the front
yard (and side yard for corner Lots) of each Lot and such irrigation design and
specifications shall be included in the plans and specifications submitted to the
Committee. Bermuda or Fescue sod is required in the front yard (and side yard for
corner Lots) of each Lot.
(vii) A fee in the amount of $250.00 (checks are to be made payable to the
Association) for costs or expenses the Committee may incur in reviewing, or having
professionals review, the plans and specifications as submitted. Such fee shall be
non-refundable. The Committee reserves the right to waive all of or a portion of this
fee.
D. Installation of Landscaping. All landscaping as submitted with the plans and
specifications, including residential landscaping irrigation systems, must be fully installed within ten
(10) days of receiving a certificate of occupancy from the City of Fayetteville.
E. Definition of Improvement. Improvement shall mean and include all residences,
buildings and roofed structures, parking areas, fences, walls, hedges, mass plantings, poles, towers,
antennas, driveways, swimming pools, signs, changes in any exterior color or shape, glazing or
reglazing of exterior windows with mirrored or reflective glass, and any other new exterior
construction or exterior improvement which materially alters the appearance of any Lot and which
may not be included in any of the foregoing. The definition does not include garden shrub or tree
replacements or any other replacement or repair of any magnitude which does not materially change
exterior colors or exterior appearances.
Falling Waters Covenants Q
F. Building Height. No Dwelling shall be erected, altered, or placed on a Lot which
shall contain more than three (3) stories. Also, the minimum height of each roof must be at least a
10-12 pitch. Any exceptions must be approved by the Developer or Committee.
G. Location on Lot. No Dwelling, Building, Structure or Improvement shall be located
on a Lot nearer to the front Lot line, side Lot line or rear Lot line established for each Lot by the
Committee and as reflected on the final Plat. Swimming pools shall be screened from the street or
streets by a wall, solid fence, evergreen hedge or other visual barrier as approved in writing by the
Committee. No swimming pool shall be located in the front yard or be located on a Lot nearer to the
rear Lot line, or a side Lot line adjoining a street, than the minimum setback established for each Lot
by the Committee and as reflected on the final Plat. Subject to changes being made by the
Committee for an individual Lot, the following setback lines shall be deemed applicable:
Minimum Front Setback - Twenty-five feet (25'): (Lots 1-10, 13-17, 24-47, 70-86, 100-
116,119-120,124-138,152,154-159,162-168,179-189,198-214, 223-230,
246-249, 251-262)
Minimum Front Setback —Fifteen feet (15'): (Lots 19-23,49-69, 87-99,117-118,121-123,
139-146, 148-151, 153, 169-178, 190-197, 215-222, 232-245, 250)
Minimum Side Setback— Fifteen feet (15'): (All Lots)
Minimum Rear Setback — Twenty-five feet (25'): (All Lots)
provided that the Committee may authorize variations in its discretion. Where two (2) or
more Lots are acquired as a single building site, the side building lines shall refer only to those
bordering the adjoining property Owner. Additionally, any existing trees greater than four (4")
inches in diameter located within the Side or Rear Setbacks of any Lot cannot be removed
unless approved in writing by the Developer and Committee.
H. Commercial Structures. No Building, Structure or Improvement of any type may ever
be placed, erected or used for business, professional, trade or commercial purposes on any portion of
any Lot. This prohibition shall not apply to any business or Structure that may be placed on any Lot
or portion of a Lot that is used exclusively by a public utility company in connection with the
furnishing of public utility services to the Subdivision.
I. Outbuildings Prohibited. No outbuildings or other detached structure appurtenant to
the residence may be erected on any of the Lots hereby restricted without the consent in writing of
the Committee.
J. Noxious Activity. No noxious or offensive trade or activity shall be carried on upon
any Lot, nor shall any garbage, trash, rubbish, tree limbs, pine straw, leaves or cuttings, ashes or
other refuse be thrown, placed or dumped upon any vacant Lot, street, road or Common Properties,
nor on any Lot unless placed in a container suitable for garbage pickup; nor shall anything ever be
done which may be or become an annoyance or nuisance to the neighborhood.
Falling Waters Covenants O
K. Oil and Mineral Operations. No oil drilling, oil development operating, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells,
tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other
structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted
upon any Lot.
L. Construction Driveway. No Dwelling, Structure, Building, Improvement, grading or
clearing shall be commenced on any Lot until a gravel driveway, four (4) inches in depth, at least
twenty-five (25) feet long has been constructed and thereafter maintained to prevent mud from being
brought onto the streets.
M.
Existing
Structure.
No existing, erected building or structure of any sort may be
moved onto
or placed
on any of the
Lots.
N. Temporary Structure. No trailer, basement, tent, shack, garage, barn or other
outbuilding other than a permanent guest house and servants quarters erected on a Lot covered by
these covenants and restrictions shall at any time be used for human habitation, temporarily or
permanently, nor shall any structure of a temporary character be used for human habitation.
O. The Basis of Approval. Approval of plans and specifications shall be based on,
among other things, adequacy of site dimensions, structural design, conformity and harmony of
external design and of location with neighboring structures and sites, relation of finished grades and
elevations to neighboring sites, and conformity to both the specific and general intent of the
protective covenants. The Committee shall establish certain architectural guidelines, which shall be
approved by the Board of Directors (the Architectural Guidelines), and all plans and specifications
must comply with Architectural Guidelines then in force and effect. However, the Committee may
approve exceptions to the Architectural Guidelines by a three -fourths (3/4th) vote. The current
Architectural Guidelines shall be available at the office of the Association or the office of the
Developer.
P. Majority. A majority vote of the Committee is required for approval or disapproval of
proposed improvements.
Q. Failure of Committee to Act. If the Committee fails to approve, disapprove, or reject
as inadequate proposed plans and specifications within sixty (60) days after proper written submittal,
they shall be deemed approved. If plans and specifications are not sufficiently complete or are
otherwise inadequate, the Committee may reject them entirely, partially or conditionally approve.
R. Limitation of Liability. Neither the Developer, the Association, the Committee nor
any of its members shall be liable, in damages or otherwise, to anyone submitting plans and
specifications for approval or to any Owner of land affected by this Declaration by reason of mistake
Falling Waters Covenants t n
of judgment, negligence or nonfeasance arising out of or in connection with the approval or
disapproval or failure to approve or disapprove any plans and specifications.
S. Driveways. Access driveways and other paved areas for vehicular use on a Lot shall
have a base of compacted gravel, crushed stone or other approved base material and shall be surfaced
with concrete. Plans and specifications for driveways, culverts, pavement edging or markers shall be
approved in writing by the Committee and adhere to City of Fayetteville standards. Driveways may
access the adjacent street at one location only, unless otherwise approved by the Committee.
T. Mailboxes. All mailboxes must be approved by the Committee as to design and
location, solely at the Owner's expense. Additionally, all mailboxes must be of a type approved by
the United States Postal Service, and shall be kept in a good state of repair at all times. In general,
all mailboxes shall be located on the opposite side of the street from the sidewalks as reflected on
the Plat.
6. Covenants for Assessments.
A. Creation of the Lien and Personal Obligations of Assessments. The Developer, for
each Lot owned by it within the Subdivision, hereby covenants and agrees, and each Owner of any
Lot, by acceptance of a deed therefore, whether from the Developer or some subsequent grantor,
whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to
covenant and agreement (and such covenant and agreement shall be deemed to constitute a portion of
the purchase money and consideration for acquisition of the Lot), to pay to the Association the
following:
(i) Regular assessments or charges for maintenance, taxes and insurance on the
Common Properties;
(ii) Special group assessments for capital improvements or unusual or emergency
matters, such assessments to be fixed, established and collected from time to time as
hereinafter provided;
(iii) Special individual assessments which might be levied against individual Lot
owners to reimburse the Association for extra costs for maintenance and repairs
caused by the willful or negligent acts of the individual owner, his family, guests, or
invitees, and not caused by ordinary wear and tear; and
(iv) Individual assessments and fines levied against individual Lot owners for
violation of rules and regulations pertaining to the Association and/or the Common
Properties.
(v) The regular, special group, and special individual assessments, together with
such late charges, interest and costs of collection thereof as hereinafter provided,
Falling Waters Covenants ii
shall be a charge on the land and shall be a continuing lien upon each Lot against
which each such assessment is made.
(vi) Notwithstanding the above, the Developer shall not be required to pay the
association dues, assessments or other charges set forth herein until ninety (90%)
percent of all lots in the Subdivision have been sold.
B. Purpose of Assessments. The assessments levied by the Board on behalf of the
Association shall be used for the purpose of enhancing the natural environment, appearance and
beauty of the Subdivision and promoting the health, recreation, safety, and general welfare of the
residents of the Subdivision.
C. Basis and Amount of Regular Maintenance Assessments.
(i) The regular base assessments shall be thirty ($30) per month paid annually and
due on or before March 1st. Assessments not paid by March Wt will be charged a
late fee. Assessments shall apply to all Lots.
(ii) The Board shall give notice to all members at least thirty (30) days in advance of
the date all regular or special assessments are due. The Board may prescribe from
time to time that the regular base assessments are to be collected on an annual, semi-
annual, quarterly, or monthly basis, and the Board shall prescribe the appropriate due
dates. All regular base assessments shall be collected in advance. The due date or
dates (if it is to be paid in installments) of any other assessments or special
assessment shall be fixed in the respective resolution authorizing such assessment.
D. Special Group Assessments. In addition to the regular assessments authorized by
Section 3, the Board may levy in any fiscal year a special assessment, applicable to that year only, for
the purpose of defraying, in whole or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a described capital improvement upon the Common Properties.
E. Rate of Assessments. Except as noted herein, regular and special group assessments
shall be fixed at a uniform rate for all Lots owned by members, unless otherwise approved by the
Board. The failure to pay the assessment by the owner of a Lot shall constitute a lien against the Lot
and the Association may pursue any remedy available to it at law or in equity to collect such lien
including initiation of a foreclosure suit in a court of competent jurisdiction.
F. Effect of Non -Payment of Assessment; the Personal Obligation of the Owner: the
Lien: and Remedies of Association.
(i) If any assessment or fine or any part thereof is not paid on the date(s) when due,
then the unpaid amount of such assessment shall be considered delinquent and shall,
Falling Waters Covenants 17
together with any late charge and interest thereon at the maximum rate allowed under
applicable law and costs of collection thereof, thereupon becoming a continuing debt
secured by a self-executing lien on the Lot of the non-paying owner which shall bind
such Lot in the hands of the owner and owner's heirs, executors, administrators,
devisees, personal representatives, successors, and assigns. The Board shall have the
right to reject partial payments of an unpaid assessment and demand the full payment
thereof. The lien for unpaid assessments shall be unaffected by any sale or
assignment of a Lot and shall continue in full force and effect. No owner may waive
or otherwise escape liability for any assessment provided herein by non-use of the
Common Properties or abandonment of the Lot;
(ii) The Board may also give written notification to the holder(s) of a mortgage on a
Lot of a non-paying Owner of such owner's default in paying any assessment when
such default has not been cured within thirty (30) days of the original date due,
provided that the Board has, theretofore, been furnished in writing with the correct
name and address of the holder(s) of such mortgage and a request to receive such
notification; and
(iii) The Board may, at its election, retain the services of an attorney to review,
monitor, collect, and file suit to foreclose on a lien for unpaid assessments and
delinquent accounts, and there shall also be added to the amount of any unpaid
assessment or to any delinquent account any and all attorneys' fees and other costs of
collection incurred by the Association.
G. Subordination of the Lien to Mortgages. The lien of the assessments provided for
herein shall be subordinate and inferior to the lien of any bonafide first mortgage or deed of trust
now or hereafter placed upon any Lot subject to assessment.
H. Transfer of Ownership. If any Lot or Home should be sold, and the current lot owner
has paid dues, the current owner can and should be reimbursed for the prorated portion remaining for
the year.
7. General Powers and Duties of the Board of Directors of the Association.
A. Powers and Duties. The affairs of the Association shall be conducted by its Board of
Directors (sometimes referred to as the `Board").
(i) The Board, for the benefit of the Association, the Subdivision, and the Owners,
may provide and may pay for, out of the assessment fund(s) provided for in Section 6
above, any or all of the following:
(a) Care, preservation and maintenance of the Common Properties
and the furnishing and upkeep of any personal property and fixtures
Falling Water Covenants 1 1
for use in or on the Common Properties;
(b) Private trash and garbage collection service, if determined
necessary by the Board;
(c) Taxes, insurance, and utilities (including, without limitation,
electricity, gas, water, and sewer charges), if any, which pertain to the
Common Properties only;
(d) The services of any person or firm (including the Developer and
any affiliates of the Developer) to manage the Association or any
separate portion thereof, to the extent deemed advisable by the Board,
and the services of such other personnel as the Board shall determine
to be necessary or proper for the operation of the Association,
whether such personnel are employed directly by the Board or by a
manager hired by the Board;
(e) Legal and accounting services; and
(f) Any other materials,, supplies, equipment, labor, services,
maintenance, repairs, structural alterations, taxes, or assessments
which the Board is required to obtain or pay for pursuant to the terms
of this Declaration or which in its opinion shall be necessary or
proper for the operation or protection of the Association and the
Subdivision or for the enforcement of this Declaration.
(ii) The Board shall have the following additional rights, powers and duties:
(a) To execute all declarations of ownership for tax assessment
purposes with regard to any of the Common Properties owned by the
Association;
(b) To enter into contracts, maintain one or more bank accounts and,
generally, to have all the powers necessary or incidental to the
operation and management of the Association; and
(c) To make reasonable rules and regulations for the operation of the
Common Properties and to amend this Declaration from time to time;
provided, however, no portion of Paragraph 8 (Use and Division of
Lots) of this Declaration may be amended unless not less than two-
thirds (2/3) of all Owners who occupy Dwellings in the Subdivision
approve the proposed amendment(s).
Falling Waters Covenants 14
B. Maintenance Contracts. Subject to Section 2 above, the Board shall have full power
and authority to contract with any Owner (including, without limitation, the Developer) for
performance, on behalf of the Association, of services which the Association is otherwise required to
perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for
such consideration as the Board may deem proper, advisable, and in the best interests of the
Association.
C. Liability Limitations. Neither any member or owner nor the directors and officers of
the Association shall be personally liable for debts contracted for or otherwise incurred by the
Association or for any torts committed, by or on behalf of the Association or otherwise. The
Developer and the Association, and their respective directors, officers, agents, and employees, shall
not be held liable for any incidental or consequential damages for failure to inspect any premises,
improvements or portion thereof, or for failure to repair or maintain the same.
D. Reserve Funds. The Board may establish reserve funds which may be maintained and
accounted for separately from other funds maintained for annual operating expenses.
8. Use and Division of Lots.
The following bulk and area regulations, and City of Fayetteville Use Units are allowed on all
Lots as indicated on Plat:
A. The Developer does hereby dedicate for public use all of the streets as shown on the
Plat of the Subdivision as described above. The Developer further dedicates to the public use the
easements and rights of way, all common areas, sidewalks and all drainage detention ponds as
designated on the Plat of the Subdivision for the several purposes of constructing, maintaining,
operating, repairing, replacing and servicing all public or quasi -public utilities, together with the
right of ingress and egress for such purposes as aforesaid being reserved to the employees, agents and
designees of any public or quasi -public utility providing service to the Lots within the Subdivision.
Within said easements no structure, planting or other material shall be placed or permitted to remain
Failing Waters Covenants 1 S
BULK & AREA REGULATIONS
MAXIMUM BUILDING AREA
6
000 S.F
LOT MINIMUM WIDTH
70'
LOT MINIMUM AREA
8,000
S.F
MAXIMUM BUILDABLE LOTS
258
USE UNIT CHART
USE
UNIT 1
CITY-WIDE USES BY RIGHT
USE
UNIT 2
CITY-WIDE USES BY CONDITIONAL USE
USE
UNIT 8
SINGLE FAMILY DWELLINGS
USE
UNIT 24
HOME OCCUPATION
which may damage or interfere with the installation and maintenance of utilities. The owner of a Lot
within the Subdivision shall be responsible for maintaining all improvements within the boundaries
of said Lot, except for those improvements for which a utility company is responsible or those areas
for which the Association shall be responsible. The Association shall be responsible for maintaining
all common area landscaping and drainage detention ponds.
B. Supply lines for all public or quasi -public utilities shall be located underground in the
easement ways reserved for general utility service as shown on the Plat but the electrical lines
running over the Subdivision prior to development shall remain above ground. Service lines to all
residences located on a Lot shall be underground, and shall run from the nearest source of each utility
within the easement to the point of use as determined by the location and construction of such
residence as the same may be located upon the Lot. The supplier of each and every public or quasi -
public utility shall hereafter be deemed to have, a definite, permanent, effective and exclusive
easement five feet in width, extending from the source of said utility within the easement to the point
of use at each residence or other structure. The centerline of said five-foot strip being represented by
the service line as installed. The supplier of each utility, through its proper agents and employees,
shall at all times have the right to access to said easement or easements, as shown on said Plat or as
provided for in this Declaration. The easement is granted for the purpose of installing, maintaining,
removing or replacing any portion of the above ground or below ground facilities. The owner of a
Lot shall not allow any activity on said Lot, including construction or alternation of grade, which
may interfere with the operation of any utility line and appurtenances thereto. Repairs or cost of
relocation occurring as a result of such activities shall be paid for by the owner of the Lot. No service
line shall be installed under concrete or asphalt surface. Shrubbery shall not be placed so as to
interfere with the reading of, or the normal maintenance of, any utility meter.
C. The floor area of the main residential structure (heated and cooled) on a Lot within
the Subdivision, not including open porches or garages, shall be not less than 2,500 square feet. All
Lots in the Subdivision shall be used for one separate single-family detached residence and for no
other purpose. No duplexes or multi -family units shall be constructed in the Subdivision. Exceptions
in floor area must be approved by the Developer or Committee.
D. Each residence shall be constructed on a permanent foundation made of either
concrete piers or slabs, or cinder block. The concrete or block foundation may not be exposed and
shall be covered by brick, stone, landscaping or other items deemed acceptable by the Developer or
Committee.
E. Each residence or other structure constructed on a Lot shall be covered by a roof of
architectural composition shingles to be approved by the Developer. All residences constructed in the
Subdivision shall have a private garage to accommodate at least two (2) automobiles. Any detached
structure to be built on a Lot shall conform to the basic styling of the Dwelling constructed on the
Lot. Any garage or other allowed outbuilding shall be constructed in a manner to be architecturally
compatible with the residence on the Lot and shall not exceed 12 feet in height.
Falling Waters Covenants 1 F
F. Each residence shall have a driveway to accommodate two (2) automobiles. No off-
street parking shall be allowed on a regular basis. All driveways servicing residential Dwelling,
garages and/or out buildings on a Lot shall be composed of concrete or exposed aggregate. Builder or
Owner is required to build sidewalks across the front and/or side of any Lot(s) as shown on the Plat
set out on Exhibit "B" in accordance with City of Fayetteville standards.
G. No fences shall be erected around the front yard of any residence. All fences
constructed around the side and rear yards for Lots bordering the Stonebridge Meadows Golf Course
or the City Park Area shall be constructed of Dufferin Topaz, black wrought iron, two -rail, five (5)
feet in height, or a similar wrought iron fence approved by the Committee. All fences constructed
around the side and rear yards for Lots NOT bordering the Stonebridge Meadows Golf Course shall
be constructed of the wrought iron mentioned above or natural wood materials. No chain link, split
rail or other non -privacy type fence shall be erected on any Lot. The height of any allowed natural
wood fence shall not be greater than six (6) feet. All exceptions must be approved by the Developer
or Committee.
H. No outbuilding, tent, shack, garage, barn or any vehicle on a Lot may be used as
living quarters, either permanently or temporarily. No trailer, mobile home, tent, construction shack,
or other out buildings shall be erected or kept on a Lot in the Subdivision except for temporary use
by construction contractors for a reasonable period of time. No recreational vehicles or vehicles used
for recreation purposes shall be stored or parked on a Lot. No vehicle that has been inoperative for a
period of more than three (3) days shall be stored on a Lot. No Boats and other recreational
equipment shall be stored on a Lot. The parking or storage of unused or unlicensed motor vehicles is
prohibited in the Subdivision.
I. No obnoxious or offensive trade or activity shall be carried on or upon a Lot, nor shall
anything be done thereon that may be or may become an annoyance or nuisance to the neighborhood.
No future mineral development of any kind shall be permitted affecting the surface of the Lots
covered by these restrictions. No animals, livestock, or poultry of any kind shall be raised, bred or
kept on a Lot except that dogs, cats or other household pets may be kept provided they are not kept,
bred or maintained for any commercial purpose and that the owners comply with all applicable city
ordinances. All dogs, cats and other domestic animals permitted to be kept within the Subdivision by
these restrictive covenants and any city code shall be kept and maintained in a fenced rear yard of a
residence. No animal shall be chained, tied or otherwise restrained either in the rear or front yard of a
Lot. All doghouses or other animal shelters shall be kept in the rear yard of a residence. Owners shall
not be permitted to have "barn" or pasture animals regardless of the number of Lots owned by any
one owner.
J. Each Lot shall be permitted one antenna, aerial satellite dish or similar devise for the
reception of television, radio or information services so long as the devise is located within the
building set back limits and to the rear of the main residential building and is used for non-
commercial purposes only. Each antenna, aerial satellite dish or other devise shall be of a minimum
elevation to permit adequate reception, not higher than the primary residence located on the Lot, and
Falling Waters Covenants 17
the transmitting and receiving portion shall not be more than two (2) feet in diameter at its widest
point and not visible from the front of the residential structure.
K. In the event that any Lots are sold and no structure is immediately erected, the owner
or owners of such Lot or Lots shall keep said property mowed and in a neat sanitary condition.
L. No sign of any kind shall be displayed to the public view on a Lot, except one
professional sign advertising the property for sale, resale or rent, or signs used by a builder or agent
to advertise the property during the construction and sale of a Dwelling thereon, or home occupation.
In no event shall any such sign stand more than seven (7) feet above ground level nor be more than
three (3) square feet in size nor be lighted at night.
• M. No commercial type buildings shall be constructed on any Lot. Provided, a person or
entity owning multiple Lots which are held for sale may maintain a model home or sales office in the
Subdivision, using no more than one (1) Lot for such purpose. Any such sales office shall be
designed to be compatible with a residential structure.
N. No Lot, nor any portion thereof, shall be split to create an additional lot in this
subdivision. However, the Developer or any Owner may acquire and combine any adjacent side or
rear Lot(s). In the event that this occurs, the combined Lot(s) will become a single Lot and as such
the Owner will be allowed one (1) vote as described in Section 3, Paragraph B of this Declaration.
Additionally, in the event that two or more Lots are combined, the Owner will be immediately
responsible, at their sole cost and expense, to amend the Plat of record (Exhibit "B") with the
appropriate municipal authorities and record the new Plat along with any associated documentation,
including but not limited to a survey with the new legal description of the Lot, with Washington
County, Arkansas. A copy of the newly recorded Plat shall be delivered to the Board and
incorporated as the new Exhibit "B" of this Declaration. In no event will the newly created Lot be
allowed to be subdivided in the future without a majority approval in writing from the
Association, regardless of if the City of Fayetteville or any other governmental authority deems
it acceptable.
O. These covenants shall run with the land, and shall be binding on all parties and all
persons claiming under them for a period of twenty-five (25) years from the date this instrument is
recorded, (except as amended in accordance with the covenants). After which time said covenants
shall be automatically extended for successive period(s) often (10) years unless an instrument signed
by a majority of the then owners of the Lots has been recorded, agreeing to change said covenants in
whole or in part.
P. If any provision of this Declaration or any section, clause, phrase, word or the
application thereof in any circumstances is held to be invalid, the validity of the remainder of this
Declaration and of the application of the remaining provision shall not be affected thereby.
Falling Waters Covenants 1 2
IN WITNESS WHEREOF, Lamberth-Carlton Investments, LLC, an Arkansas limited
liability company, has caused this Declaration of Bill of Assurances and Protective Covenants for
Falling Waters, an Addition to the City of Fayetteville, Arkansas, to be duly executed by the
undersigned, being all of the members of the LLC, in accordance with the Operating Agreement of
said LLC, this day of , 2005.
Lamberth-Carlton Investments, LLC
By:
Clay Carlton, Member
Lamberth—Carlton Investments, LLC
By:
Mike Lamberth, Member
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) ss:
COUNTY OF WASHINGTON )
On this _ day of , 2005, before me, a Notary Public, duly qualified,
commissioned and acting within and for the County of Washington, appeared in person Clay Carlton
and Mike Lamberth, being all of the Members of Lamberth-Carlton Investments, LLC, to me
personally well known as the person whose names appear upon the above and foregoing and states
that he has executed the same for the consideration and purpose therein mentioned and set forth, and
do hereby so certify.
In testimony whereof, I have hereunto set my hand and official seal.
Notary Public
My Commission Expires:
SEAL
Falling Waters Covenants 10
From: Clarice Pearman
To: Pate, Jeremy
Date: 11121105 4:07PM
Subject: Ord. 4795
Jeremy,
Attached is a copy of the above ordinance passed by City Council November 15, 2005.
CC: Bell, Peggy; Deaton, Vicki; GIS
u -:-tea
i $ .I ✓ � . j i
"Nortkweft Arkanca.6' Most Wider Read Newcpapev"
AFFIDAVIT OF PUBLICATION
I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
.pub.lished .i.n Lowell, Arkansas, and that.from -my own .personal .knowledge
and reference to the files of said publication, that advertisement of:
n./l l 'c/iK?/I(v� 71 S was inserted in the regular editions on
A/i/i ,/5, W),')5
PO#
" Publication Charge: $ / • /1/ 9
Subscribed and sworn to before me this
Sfk, day of _NIO1,Cl/\LbIL , 2005.
" — 1Tht, Al Q� Sharlene D. Williams
Notary Public Notary Public
State of Arkansas
My Commission Expires: My Commission Expires
October 18, 2014
" Please do not pay from Affidavit.
An invoice will be sent.
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571.6470
AN ORDINEDNANCE ESTABLISHINp A RESIDE --IA.
1635. FMOUNTAJN ZONI DISTRICT
LOCATED EAST or DEAD Ye (tie
HORSE MO0MAC ROA L CATEDI INGEAS APPROXI-
138.]0ACRES: AMEND qa THEOFFK,WL
• NOTM THECRV OF'MASTFrEN
MENI'PtAN .ASSOCIATED MASTEp DEVELOP -
DH io OIDAt Me DY TMl CRY COUNCIL OP THE CRY OP PAYlTTE1NLLIF,
ARJcASa
Section 1: That the zone classification of the I
made a Pert hereof
AOdWlleral, to R.PZD NTIB described Properly is hereby charms u blows
.1636 as & ',, M ExNbt •A• attached hereto and
Section 2: That the
byy M ent st In azonfriA a abbaseds the app,ovoj aubnitted d to master d jyiat nonl
Section 3: That INs ofWnenda sfrery take effect and aPPmPriete end
of the roaster dovel6Wnent Wan have been met. be In MI torte at such ang as ell of the requirements
ng map the zmxg c: That hange i official°� Section of the m Fayattarille. Adenses. is liaraby ameritled m reflect
P1°R tine APPNOYED this 15th day or NPvembar, 2005.
4PPPrnInn.
EXHIBIT •A•
R-PZD 05-1635
i
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