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HomeMy WebLinkAboutOrdinance 4816 ORDINANCE NO. 4816 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1834 FOR APPROXIMATELY 13 .47 ACRES LOCATED AT LOTS 6C AND 7A IN VANTAGE SQUARE FROM R-PZD 04- 1075 (CAMBRIDGE CROSSING) AND R-O, RESIDENTIAL OFFICE TO C- 1 , NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL 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-PZD 04- 1075 (Cambridge Crossing) and R-O, Residential Office to C- 1 , Neighborhood Commercial and C-2, Thoroughfare Commercial, as shown on Exhibit "A" attached hereto and made a part hereof. Section 2: 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 3rd day of January, 2006. APPROVED: ; FAYETTEVILLE ; DAN C ODY, May TON GO ATTEST: " uuuu1110" By: E � &64� ONDRA SMITH, City Clerk ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 009660630003 TVDe : REL Recorded : 02/15/2006 at 11 : 42 : 32 AM Fee Amt : $14 . 00 Pace 1 of 3 Mashlnaton county . AR Bette $taws circuit clerk F11e2006-00006412 EXHIBIT "A" RZN 05-1834 REZONING DESCRIPTION: (PROPOSED C- 1 North) A PART OF LOT 7A, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE N88°57' 0515E 338.34 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE SOUTH RIGHT-OF- WAY FOR JOYCE BOULEVARD; THENCE N88°57'05"E ALONG SAID SOUTH RIGHT- OF-WAY 59.41 FEET TO THE NORTHEAST CORNER OF SAID LOT 7A OF VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00°51 '30"E 325 .00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7A; THENCE S88°57'05"W ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 7A 59.41 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE N00051130"W 325 .00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.44 ACRES, MORE OR LESS. REZONING DESCRIPTION : (PROPOSED C- 1 South) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15° 13'05 "W 338 .58 FEET; THENCE N88°57' 05"E 432. 10 FEET TO THE POINT OF BEGINNING; THENCE N88057'05"E 279.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 6C VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00050' 56"E 848.88 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6C, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING TWO COURSES : THENCE N34'36' 1 0"W 402.01 FEET; THENCE N41035'38"W 85 .86 FEET; THENCE LEAVING SAID NORTHERN BOUNDARY N00051 ' 21 "W 448.61 FEET TO THE POINT OF BEGINNING, CONTAINING 4. 11 ACRES, MORE OR LESS. REZONING DESCRIPTION: (PROPOSED C-2) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1/4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15° 13'05 "W 338 .58 FEET TO THE POINT OF BEGINNING; THENCE N88057'05 "E 432. 10 FEET; THENCE S00051 '21 "E 448 .61 FEET TO THE SOUTH LINE OF SAID LOT 6C, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING FIVE COURSES: THENCE N41 °35'38"W 177. 14 FEET; THENCE N63042'20"W 267.00 FEET; THENCE S80056'01 "W 155 .00 FEET; THENCE S56019'22"W 335.00 FEET; THENCE N73057'20"W 388.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6C; THENCE LEAVING SAID NORTHERN BOUNDARY N18023 '31 "E 292.26 FEET; THENCE N50°01 ' 17"E 200.91 FEET; THENCE S39°59' 12"E 185 .39 FEET; THENCE S74048 '38"E 338.61 FEET; THENCE N15° 13 '05"E 121 . 18 FEET TO THE POINT OF BEGINNING, CONTAINING 7.41 ACRES, MORE OR LESS . Washington County, AR I certify this instrument was filed on 02/15/2006 11 :42:32 AM and recorded in Real Estate File Number 2006-00006412 Bette Stamps - Circuit C� by , City of Fayetteville Staff Review Form l� City Council Agenda Items ,�/U D5 al or '01144 �'Db/ualL Contracts 5 3-Jan-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 05-1834 (Vantage Square, 175 ): Submitted by Crafton, Tull & Assoc. for property located at Lots 6C and 7A in Vantage Square. The property is zoned R-O, Residential Office' and R-PZD, Residential Planned Zoning District and contains approximately 13.47 acres. The request is to rezone the subject property to C- 1 , Neighborhood Commercial and C-2, Thoroughfare Commercial. $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 CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached )Zr16 0 Previous Ordinance or Resolution # n/a Department ire Date Original Contract Date: n/a Original Contract Number: n/a �Z� f � • oI City A Received in City Clerk's Offic 1 ' Finan and Internal Service Director Date Received in Mayor's Office 2�c j214 Mayor Date Comments: s . �t��d E .; � _ City Council Meeting of January 03, 2006 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: December 15, 2005 Subject: Rezoning for Vantage Square (RZN 05- 1834) RECOMMENDATION The Planning staff recommends approval of the subject rezoning request to rezone approximately 13.47 acres of property from R-PZD 04- 1075 (Cambridge Crossing) and R-O, Residential Office, to C- 1 , Neighborhood Commercial, and C-2, Thoroughfare Commercial. BACKGROUND The subject property contains several tracts of property containing approximately 13 .47 acres. The majority of the site is zoned R-PZD 04- 1074 with a small portion of 0.44 acres zoned R-O, Residential Office. The site is currently vacant, with the newly constructed Regions Bank to the northwest. On June 14, 2004, the Planning Commission forwarded R-PZD 04- 1074, Cambridge Crossing, to the City Council with a recommendation of approval. On July 20, 2004, the City Council approved the proposed rezoning and preliminary plat to create a town-house style development consisting of 57 attached residential dwelling units and one ( 1 ) lot reserved for community greenspace. A future phase was identified on the western portion of the subject tract, to be reviewed as a Planned Zoning District at the time of development. The applicant encountered unexpected delays and situations which did not make it feasible to proceed with the construction of the approved plans. DISCUSSION This item was heard at the regular Planning Commission on December 12, 2005. The Planning Commission voted 8-0-0 to recommend approval of this rezoning request to the City Council. The property was rezoned R-PZD with unique zoning criteria and a preliminary plat approved. It is no longer the desire of the applicant to proceed with construction of the approved development. As the approval of the R-PZD is subject to expiration and revocation if not constructed within the time frame set forth in Chapter 166 of the Unified Development Code, eventually, the R-PZD zoning will become void. To develop the City Council Meeting of January 03, 2006 Agenda Item Number property for anything other than the approved R-PZD, the applicant is required to submit a rezoning request. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1834 FOR APPROXIMATELY 13 .47 ACRES LOCATED AT LOTS 6C AND 7A IN VANTAGE SQUARE FROM R-PZD 04- 1075 (CAMBRIDGE CROSSING) AND R- O, RESIDENTIAL OFFICE TO C- 1 , NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL. 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-PZD 04- 1075 (Cambridge Crossing) and R-O, Residential Office to C- I , Neighborhood Commercial and C-27 Thoroughfare Commercial, as shown on Exhibit "A" Attached hereto and made a part hereof. Section 2: That the official zoning map;of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change prgvided jn Section I above. PASSED and APPROVED this `,` day of 12006. �. APPROVED: r ,k ' By: DAN GOODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1834 REZONING DESCRIPTION : (PROPOSED C- 1 North) A PART OF LOT 7A, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK_ 10 AT PAGE 79; THENCE N88057'05"E 338.34 FEET TO THE POINT OF BEGINNING, .BEING A POINT ON THE SOUTH RIGHT-OF-WAY FOR, JOYCE BOULEVARD THENCE N88057'05"E ALONG SAID SOUTHRIGHT-OF-WAY 59.41 FEET TO THE NORTHEAST CORNER OF SAID LOT 7A OF VANTAGESQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00051130"E 325.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7A; THENCE S88057105"W ALONG THOSOUTH=BOUNDARY`LINE OF SAID LOT 7A 59.41 FEET; v THENCE LEAVING SAID-,SOUTH BOUNDARY LINE`N00051 '30"W 325.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.44 ACRES, MORE OR LESS. REZONING DESCRIPTION : (PROPOSED C-f§outh) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICEFOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004 17:-7,01 BEING PART OF THE,,SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH;=RANGF130 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE'ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE`SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15° 13' 05 "W 338.58 FEET; THENCE N88°57'05"E 432. 10 FEET TO THE POINT OF BEGINNING; THENCE N8805T05"E 279.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 6C VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00050' 56"E 848.88 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6C, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING TWO COURSES: THENCE N34036' 10"W 402.01 FEET; THENCE N41 °35'38"W 85.86 FEET; THENCE LEAVING SAID NORTHERN BOUNDARY N00051121 "W 448.61 FEET TO THE POINT OF BEGINNING, CONTAINING 4. 11 ACRES, MORE OR LESS . REZONING DESCRIPTION: (PROPOSED C-2) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNERbPIOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE SI 5013'05"W 338.58 FEET TO THE POINT OEoBEGINNING; THENCE N88057'05"E 432. 10 FEET; THENCE S00°51 '21iMlE 44.e6'VFEET TO THE SOUTH LINE OF SAID LOT 6C, BEING A POINT,©NxTHE NORTHERN BOUNDARY OF PROPERTY DEDICATED Tq, THE CITY OF FAYETTEV;ILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE�F,OLLOWING-FIVE COURSES: THENCE N41 °35'38"W 177. 14 FEET- THENCE N63 042'20"W 267.00 FEET; ';; THENCE S80°56'01 "W 155.00 FEET;' THENCE S56019'22"W 335.00 FEET; ' THENCE N73057'20"W 388 96.FEET TOTSOUTH ! EST CORNER OF SAID LOT 6C; THENCE LEA,UING -SAID NORTHERN BOUNDARY N18°23 ' 31 "E 292.26 FEET; THENCE N50°01 ' 17"E 200.91 FEE THENCE S39059' 12"E 185.39 FEET; THENCE S74°48'38Eh338.61 FEET; THENCE IV15° 13 '05"E 121 . 18 FEET TO THE POINT OF BEGINNING;CONTAIN'ING. 7.41 ACRES, MORE OR LESS. Gr . taY p c:x t X . j j� aye L V 1 �e PC Meeting of December 12, 2005 ARKANSAS THE 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 THRU: Jeremy Pate, Director of Current Planning DATE: December 3 , 2005 RZN 05-1834: (VANTAGE SQUARE, 175): Submitted by CRAFTON, TULL & ASSOC. for property located at LOTS 6C AND 7A IN VANTAGE SQUARE. The property is zoned R-O, RESIDENTIAL OFFICE AND R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, and contains approximately 13.47 acres. The request is to rezone the subject properties to C- 1 , Neighborhood Commercial, and C-2, Thoroughfare Commercial. Property Owner: Chambers Bank Czervik Investments Planner: SUZANNE MORGAN RECOMMENDATION: Staff_ recommends approval of the proposed rezoning from R-PZD 04-1075 (Cambridge Crossing) and R-O, Residential Office, to C-1, Neighborhood Commercial, and C-2, Thoroughfare Commercial based on the findings herein, PLANNING COMMISSION ACTION: Required 'VES O Approved ' O Denied Date: . December.. 12, 2005 CITY' COUNCIL ACTION: Required ' YES O Approved O Denied Date: II January,03, 2005 (first -re'adinQ.if recommended)' BACKGROUND: Property description: The subject property contains several tracts of property containing approximately 13 .47 acres. The majority of the site is zoned R-PZD.04- 1074 with a small portion of 0.44 acres zoned R-O, Residential Office. The site is currently vacant, with the newly constructed Regions Bank to the northwest. Background: On June 14, 2004, the Planning Commission forwarded R-PZD 04- 1074, Cambridge Crossing, to the City Council with a recommendation of approval. On July 20, 2004, the City Council approved the proposed rezoning and preliminary plat to create a town-house style development consisting of 57 attached residential dwelling units and one (1 ) lot reserved for community greenspace. A future phase was identified on the western portion of the subject tract, to be reviewed as a Planned Zoning District at the time of development. The applicant encountered unexpected delays and situations which did not make it feasible to proceed with the construction of the approved plans. Request: The applicant is requesting the property be rezoned from R-PZD to C-2 and C- 1 . The C- 1 zoning district will be adjacent to the RMF-24 zoning district and developed as Butterfield Village. Prior to the City Council approval of the R-PZD, the property adjacent to Butterfield Village was zoned R-O and the property proposed to be rezoned C-2 was formerly zoned C-2. Public Comment: Staff has received no written public comment concerning the requested rezoning. Recommendation: Staff recommends approval of the rezoning request based on the findings included in the staff report. Future development on this site will be regulated by the City to ensure adequate services, infrastructure, connectivity and consistent development within the surrounding area. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant lot, Community Bank, C-2, Thoroughfare Commercial Regions Bank C- 1 , Neighborhood Commercial South Mud Creek, trails stem C-2, Thoroughfare Commercial East Butterfield Trail Village RMF-24, Res Multifamily, 24 DU/Acre West Regio s Bank, vacant C-2, Thoroughfare Commercial INFRASTRUCTURE: Streets: The site has access to Vantage Road. This development may be assessed for traffic signal improvements and street improvements to Joyce Boulevard. Improvements that may be required shall be evaluated by staff as development occurs. Table 2 Ne rby Master Street Plan Streets Direction from Site Street Name Master Street Plan Classification East Old Missouri Road Collector Street North Joyce Blvd' Principal Arterial West College Ave/Hwy 71 B Principal Arterial Through Site Vantage Dr.' Collector Street ' Directly adjacent to the site. Water: Public water. has been approved to extend to the site. Substantial improvements to the water system may be required which includes other off -site improvements. An evaluation will be made by staff at the time large scale development. Sewer: Sanitary sewer is adjacent to the site. Improvements to the sewer system may be required which includes off -site improvements. An evaluation will be made by staff at the time large scale development. A study of the downstream system shall be conducted by the developer. Drainage: Runoff from most of the site flows overland to the south. Standard improvements and requirements for drainage will be required for the development. Fire: Fire Station #4, located on N. Plainview approximately 1.5 miles from the property, will serve this site once it is developed. Fire response time to the site is approximately 4 minutes. The Fire Department does not estimate future number of emergency calls on commercial property, as these type of devleopments typically do not adversely affect its call volume. Police: Properties in this area of the city already receive police services. The same level of service will be provided to this site as is currently applied to the existing surrounding development. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and thereby undesirably increase the load on police services or create appreciable increase in traffic danger and congestion in the area. LAND USE PLAN: General Plan 2020 designates the site as Regional Commercial where the applicant proposes C-2 zoning district and Residential where the applicant proposes C- I zoning district. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposed zoning is similar to the previous zoning of the subject property, prior to the approval of R-PZD 04-1075. The proposed rezoning will, however, allow the establishment of commercial uses adjacent to Butterfield Trail Village, zoned RMF-24, where previously it was zoned R -O and then R-PZD. However, staff finds that rezoning the property to allow development of commercial uses in this area is compatible with the surrounding uses and zoning districts. Staff also finds that a C-1 zoning district adjacent to the development and RMF-24 property to the east is compatible and may provide commercial areas that are a convenient way to meet the shopping needs of adjacent residents. Buffer areas will be required to be established between any residential and non-residential use and residential zoning districts. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The majority of the property was recently (2004) rezoned R-PZD with unique zoning criteria and a preliminary plat approved. It is no longer the desire of the applicant to proceed with construction of the approved development. As the approval of the R-PZD is subject to expiration revocation if not constructed within the time frame set forth in Chapter 166 of the Unified Development Code, eventually the R-PZD zoning will become void. To develop the property for anything other than the approved R-PZD, the applicant is required to submit a rezoning request. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The police department has determined the proposed zoning will not substantially alter the population density to create an undesirable affect on services. 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: Rezoning the property from R-PZD, in which 57 dwelling units were allowed, to C-1 and C-2 in which only accessory residential uses are permitted by right, the residential development on the subject property will likely decrease. The findings of the Engineering Division, Fire Department and Police Department are listed within the body of this staff report. 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 161.16 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in restaurants Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. (F) Height regulations. There shall be no maximum height limits in C -I District, provided, however, that any building which exceeds the height of 10 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 10 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1965, App. A., An. 5(V); Ord. No. 2603,2-1940; Ord. No. 1747,6-29-70; Code 1991, § 160.035; Ord. No.4100, §2 (Ex. A), 6-16-98; Ord. No. 41788-31-99) 161.17 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (I) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Professional offices Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities . Unit 21 Warehousing and wholesale Unit 28 Center for collecting re fable materials Unit 32 Sexually oriented business Unit 35 Outdoor music establishments , _ Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 ft. Side None Side, when contiguous to a residential district 15 It Rear 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area ofsuch lot. (Code 1965, App. A., Art S(VI); Ord. No. 1833, 11-1-71; Ord. No, 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No, 1747, 6-29-70; Code 1991, § 160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4727, 7-19-05) FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS December 2, 2005 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Rezoning RZN 04-1834 (Vantage Square, 175) submitted by Crafton, Tull & Assoc. for Property located at lots 6c and 71 in Vantage Square would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and: thereby_. undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerely, Captain Willi Town Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENNTr too - r. W' 5' NoCKStke'csr FAYETTEVILLE. ARKANSAS W 1& -lot (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 PHONE: 479587-3555 FAX: 479-5873522 &886 U Z zg ♦, h NQ z sa. 44 exaragn o-) mac x osYm• r wmrosm o -z iw(c SD 4 ? E. 11 .w WO O 01 CD:;:. H O J8 `• V ry (v•) d'VeY®1()W�a4N-RWw X MYnV � apa5 — PT flu ___ _, CRAFT0N TILL ACC0C. Fax:479t631t6224 Nov 28 2005 10:40am P003/005 EXHIBrT "A" REZONING DESCRIPTION: (PROPOSED C-2) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT FLAT RECORD 2004-17701 BEING PART OF THE SW 114 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15°13'05"W 338.58 FEET TO THE POINT OF BEGINNING; THENCE N88°57'05E 432.10 FEET; THENCE S00°51'21"E 448.61 FEET TO THE SOUTH LINE OF SAID LOT 6C, BEING A POINT ON THE NORTHERN - BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING FIVE COURSES: THENCEN41°35'38"W 177.14 FEET; THENCE N63°42'20"W 267.00. FEET; THENCE S80°56'01"W 155.00 FEET; THENCE S56°19'22"W 335.00 FEET; THENCE N73°57'20"W 388.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6C; THENCE LEAVING SAID NORTHERN BOUNDARY NI8°23'31"E 292.26 FEET; THENCE N50°01' 17"E 200.91 FEET; THENCE S39°59' 12'E 185.39 FEET; THENCE S74°48'38"E 338.61 FEET; THENCE N15°13'05"E 121.18 FEET TO THE POINT OF BEGBEQThINThG, CONTAINING 7.41 ACRES, MORE OR LESS. Prepared by: Craton, Tull & Associates, Inc. 051096-00 11/02/05 t--v?-I;rr- PROPERTY TO AS SUBMITTED EY THE '+ cr' Applicants Signa,'-. G:\051096-00\suMesccDESC REZONING C-2.doc CRAFT0N TULL ACC. Fax:419+631+6224 Nov 28 2005 10:40am P004/005 fo cHl trr 'q" REZONING DESCRIP'T'ION: (PROPOSED C-1 North) A PART OF LOT 7A, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004-17701 BEING PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE N88°57'05"E 338.34 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE SOUTH RIGHT-OF-WAY FOR JOYCE BOULEVARD; THENCE N88°57'05"E ALONG SAID SOUTH RIGHT-OF-WAY 59.41 FEET TO THE NORTHEAST CORNER OF SAID LOT 7A OF VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004-17701; THENCE S00°51'30't 325.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7A; THENCE S88°57'05"W ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 7A 59.41 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE N00°51'30"W 325.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.44 ACRES, MORE OR LESS. S 11 i '� r..-' PROPERTY Tv ar::<<.Lt!dEs Prepared by: Craton, Tull & Associates, Inc. AS SUBMITTED BY THE APPUCAM 051096-00 C._� -._... 11/02/05 .__.—.-c.--nrcanCs Sgu: G_\051096-001suAdesc\DESC REZONING C-Inorthdoc CROFTON TIU (OC. Fax:419+631T6224 Nov 28 2005 10:40am P005/005 Ex.Ms$rf A` REZONING DESCRIPTION: (PROPOSED C -I South) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004-17701 BEING PART OF THE SW 114 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15°13'05"W 338.58 FEET; THENCE N88°57'05'3; 432.10 FEET TO'THE POINT OF BEGINNING; THENCE N88°57'05'E 279.46 FEE THT TO THE NORTHEAST CORNER OF SAID LOT 6C VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004-17701; THENCE S00°50'56"E 848.88 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6C, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING TWO COURSES: THENCE N34°36' 10"W 402.01 FEET; THENNCEN41°35'38"W 85.86 FEET; THENCE LEAVING SAID NORTHERN BOUNDARY N00°51'21"W 448.61 FEET TO THE POINT OF BEGINNING, CONTAINING 4.11 ACRES, MORE OR LESS. Pzepared by: Crafton, Tull & Associates, Inc. 051096-00 11/02/05 G:1051096-00\sur 4esc\DESC REZONING C-lsouth.doc PROPER10 E i _7L AS F':. ;J: ' i.P fI AN Appnra4t_ sigiatura 6. A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. The current owners are as follows: Parcel # 765-16850-000 Chambers Bank of North Arkansas 1685 E. Joyce Blvd Fayetteville, AR 72703 Parcel # 765-16849-000 Czervik Investments LLC 2669 Sherwood Ln Fayetteville, AR 72703 Pending property sales: 11.42 acres currently owned by Czerviks Investments LLC to SJP Holding LLC. b. Reason (need) for requesting the zoning change. Requesting zone change to accommodate commercial development on south side of Joyce Blvd. There is adjacent land zoned C-2 and C -I that will part of commercial development and is under a pending sale at this time. To develop all of this land as a larger track we are requesting the current R-PZD be rezoned back to the original C-2 and C -I zoning. c. Statement of how the property will relate to surrounding properties in terms of land use, traffic, appearance, and signage. Butterfield Trail Villages (RMF-24) is due east of the land under review. There is a landscape buffer of trees and vegetation as well as a grade change of approximately 4 feet between the two pieces of property. We propose to rezone the land directly west of Butterfield Trail Village to C-1 and develop a zoning buffer between the RMF-24 and the proposed C-2. (see attached drawing). The property is currently surrounded by C-2 on the south, east, and north side of the property and if rezoned should go well with the zoning order in this area and the future land use calling for regional commercial. By rezoning this land to C -I and C-2 there should be no change in population to the area nor increase in existing or proposed traffic flow. All signage for future development will meet City of Fayetteville sign ordinances. d. Availability of water and sewer (state size of lines). This information is available from the City Engineering Division. A lot split has been filled with the city and will be approved once the water extension from Joyce Blvd south on Vantage drive has been approved by the State Health Dept. The city has approved this waterline and we are waiting on the state to approve it. Once this is done the 12" water extension will be constructed down the east side of Vantage. There is currently a 12" gravity sanitary sewer line running along the south side of the property that will serve the site. February. 2004 Page 3 7. The Planning Commission is required to make specific findings with regard to this application. The applicant shall provide written statements addressing the following: a. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The request for C-2 and C -I zoning is consistent with the surrounding zoning and be rezoned back to the original C -I and C-2 b. Whether the proposed zoning is justified and/or needed at the time of the request. The rezone is needed at this time to develop this site and the adjacent sites as a whole unit and eventually combine the land for one small commercial development. c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. A traffic light has been proposed and accepted for the intersection of Vantage Dr. and Joyce Blvd. When this site is developed it will have access to Vantage Dr and the proposed signal at the intersection of Joyce and Vantage. Any traffic that will be added by rezoning this property will be controlled by this light. d. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The rezoning will not increase population of this area with the rezoning. There will be a small increase in water and sanitary sewer during daytime hours and no large demand commercial type tenants are expected. The sanitary sewer line running east and west on the south side of the property is under design to be upsized. e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The land would not best be used as R-PZD since all of the surrounding land is commercially zoned. By rezoning the property to C-1 and C-2, this property and the surrounding C-1 and C-2 can be used as one unit to develop a smaller commercial development that blend well with the surrounding area. Notice: Resources including current zoning regulations, General Plan 2020, Future Land Use Plan, Master Street Plan and Zoning maps are available for review in the Planning Office. All applicants are encouraged to meet with a staff Planner prior to completing a Rezoning application. February. 2004 Page 4 RZN05-1834 VANTAGE SQUARE Close Up View {{ F2 RMF24 / I 6 ' f > R -O I R.O SUBJECT PROPERTY I IL JOYCE slut, )O% Oh v • i PRIVATE 379 C-2 ac' G"1 Nit 6'a cl Ia O o > RPZn 1 R) f`o Pgrva E ♦ ♦ PRIVATE!)4 ♦ ♦ i R -ti I O • ♦p..•. t4 9z I'q,� µ \Q ��ai u.. q P yy11O t,P sumo p0. I W O R.G a oOOR m ......•t!' '• 1 t I(Ia YEAR Rof no k('��%y.� ♦ J�lT w i \.\ s'\'�. l � � .. _ �et/b Rc♦ • •%`fyY-','i'.Sti.'-i 1-LL�y,lk• ' 16 .Jj i -ll (.•• ' - . 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RRA t A 1 Hi i, RIO GI G2 RO 1 '� S' G1., / GI''R r- U TCE R VD 1 _ ._ Rq -:.Y Rd c 1 1 t• rrcl j IC\�.,�<�/ `I �.: Rd V CN OA 19 % ter. 1 -\ i RA FA 1 t i RAi N 1 Ra s:''L\ C.I \ R• C3) LI �•. _--1�1c�I T. 1 _ MF2 /1 f 11\.1 r IUNP ` • {err•'' I//.; .�_ .R� _ _ 2� 1: 'l 21 \ !arF / Rl.P2l 1 1 - L ,•1 D\ T' 1 /~�--a Lr JI�/ �'a - RAP•2a1 r 1 .. I} �. - J 11 '. Rb l fWWE Z ` / p7� IRIP N7 ( - r /x .... i LZl ' � �', ' & ni r • d R n ..y ♦� ,`0 �`� s ` r1� 1 R1F9A _� �sz i12 R-0 G2 [mt fl/�!�J 1 NMif7te5lEk��M+-; lw[NEAVEI RSM1(IELAIHE R'L T� --+- R-0 ` R e`19ERrR `n!n11Bi� G2 - Rs e- \f tr) RSFd Ci.� RSF• IJ j' 1 .. '1 QWltILL)1R- is .:: i. 1.7' R RT 12 ar r d �' SFi') b >W { �>x!a RSFJ L ' RSFJ I RSF4 G2 RI±1 AS,F-1 ll . \ R -0q` •y/r tl NAf-2lt ice_ 1 G2 1 1 <'y�. L�� a a1 Rz- - <.e`-- Rr-P.21'r •c• 'r. RA �1 : t{ _ % _ u ✓ ,� ft y-in4 ,1 1 RA i J V:R5iJ\I-A -0 RA T. F 1 _\ IS f-' r ���t \_.... ,"' nr1-It; h �- �° r- • 1 1 I 1 a L ro RSF-4 > Gf _ 1t rrr E)�N STT.. F RSFI II_ � F ' R -f 1 mRSFy m- , f ` H �-_-_____ _ ____ . n l... 1 i.... :tI, NA ' i- ....- _ ,,p �� f iRF]� �` �1 - fi : Inns^ice 4Z15Fi,ii • t -J_._ T� its\ R� tS v ASFJ', 7 / �'' 1111'-J Overview Legend Boundary Q Subject Property 10.,1 Poamirg Area RZNOS-1834 ,P0000 0000 ono° Overlay District -, - Outside City Legend 00125.25 0.5 0.75 1 Miles I1I]arice Pearman - Ord. 4812, 4813, 4815, 4816 & 4817 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 1/6/06 5:17PM Subject: Ord. 4812, 4813, 4815, 4816 & 4817 Jeremy, Attached are the ordinances passed by City Council, January 3, 2006. CC: Bell, Peggy; Deaton, Vicki 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 published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: ____ l "� was inserted in the regular editions on PO# , " Publication Charge: $ Z2?G� Subscribed and sworn to bef re me this 7/ day of Notary Public —Sharlene D. Williams Notary Public State of Arkansas My Commission Expires: _ My rnmmission Expires October 18, 2014 "' Please do not pay from Affidavit. An invoice will be sent. 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4810 DE R ORDINANNCE EZNGIPE THAT PROPERTY I i�DESCRIBED E OG NHA ROPgTY'Rai FOR APPROXIMATELY 13.47 ACRES LOCATED AT LOTS GO AND 7A IN VANTAGE SQUARE FROM R- PZD 04-1075 (CAMBRIDGE CROSSING) AND R -O. ARKANSAS RESIDENTIAL OFFICE TO C-1, NEIGHBORHOOD COMMERCIAL. AND C-2, THOROUGHFARE COM- MERCIAL Be R ORDAINED By THE CITY COUNCIL OP THE CRY OP PAYBTTEVILLE, ARKANSAS, Section 1: That 8a zone dasglreeon of the fcdow g descrlbod property a hereby longed as fofiowa: From R-PZD 04-1075 (Cambrklge Crossag) and R -O, Reskenaal Ofte to C-1, Neighborhood Cwvrardal and C-2. Thorough4aro Canasrda, as ehaM, on E4tt A. anal ed hereto &id • rnade a pen tareol. Section 2: That the oldal Zoning reap of the City of Fayeteele, Arlansas a hefty amended to reflect the Zmhg large prd,Aded in Section 1 above. PISSED and APPROVED this 3b day of January, 2000. ' APPROVED: EXHIBIT'A' RZN OS-1834 ZONING DESCRIPTION: (PROPOSED C-1 North) PART OF LOT 7A, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR ASHINGTON COUNTY ARKANSAS AT RAT RECORD 2004.17701 BEING R RT OF THE SW 1/4 'THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORM, RANGE 30 WEST WASHINGTON COON - ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: )MMENGNG AT THE ORIGINAL NORTHWEST CORNER OF LOT ]OF VANTAGE SQUARE AODI JN, PER PLAT BOOK 10 AT PAGE 79;- THENCE.NBB°5TOS'E 338.34 FEET TO THE POINT OF GINNING, BEING A POINT ON THE SOUR? RIGHT-OFWAY FOR JOYCE BOULEVARD: THENCE B°57'05'E ALONG SAID SOUTH RIGHT-OF-WAY 59.41 FEET TO THE NORTHEAST CORNER OF JD LOT 7A OF VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004.17701; THENCE 500°51'30E 5.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7A: THENCE SRB•97risw Al nun. Tug unm rvw-p,-;ftm ;115.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.44 ACRES, MORE OR LESS. REZONING DESCRIPTION: (PROPOSED C-1 South) A PART OF LOT OC, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON' COUNTY, ARKANSAS AT PLAT RECORD 2004-17701 BEING PART OF THE SW 1/4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST. WASHINGTON COUN- TY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDI- TION, PER PLAT BOOK 10 AT PAGE 79; THENCE 51513'05VY 338.58 FEET; THENCE N88°57'OSE 432.10 FEET TO THE POINT OP RFrnuwnlr. T r,arc L,oecmu,c., -- - ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CRY OF FA cVEfTE pru A E IRS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING TWO COURSES : THENCE N34°3610N 402.01 FEET' THENCE N41'35'38'W 85.86 FEET; THENCE LEAVING SAID NORTHERN BOUNDARY N00051.21 W 448.61 FEET TO THE POINT OF BEGINNING, CONTAINING 4.11 ACRES, MORE OR LESS. REZONING DESCRIPTION; (PROPOSED C-2) A PART OF LOT 8C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COIN t ARKANSAS AT PLAT RECORD 2004-17]01 BEING PART OF THE SW 1/4 JF THE NW 1/4 OF. BECTON 25. TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUN- TY, AKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: XIMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDI- TION, PER PLAT BOOK 10 AT PAGE 79: THENCE 515°13'05'W 338,58 FEET TO THE POINT OF 3EGINNING; THENCE N88°57'05'E 432.10 FEET THENCE 500'51'21'E 448.81 FEETTO THE SOUM JNE OF SAID LOT CC, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDK:AT- D TO THE CRY OF FAVETTEVILLE AS INSTAUMENi NO.9709229; THENCE ALONG SAID NORM - ITN BOUNDARY THE FOLLOWING FIVE COURSES: THENCE N61.35W 177.14 FEET: t 121.18 FEET TO THE POINT OF BEGINNING. CONTAINING ].41 ACRES. MORE.OR