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HomeMy WebLinkAboutOrdinance 4832 inilimimillititimill Doc ID : 009787770002 Tvoe . REL Re0oAmta : S 31/7/2006 tt 03216 : 16 PM Ne6hlnOton County . AR ol Bette Stamos Circuit Clerk F11e2006-00010924 ORDINANCE NO. 4832 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1619, WESTBROOK VILLAGE, LOCATED AT TRACTS I AND 2 OF THE ORIGINAL SALEM VILLAGE P.U.D., CONTAINING APPROXIMATELY 1 .42 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER 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 RSF-4, Residential Single-Family, 4 units per acre, to R-PZD 05- 1619 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. agog PASSED and APPROVED this 21ST day of February, 2006. r`��;•'c�T Y O c . Gp� ' eV , ; FAYETTEVILLE • APPROVED: ATTEST: �Z •• 9 •� ' By: By: �� X�-Y1 tliN DAN COODY, Mayor SOfNDRA SMITH, City Clerk EXHIBIT "A" R-PZD 05-1619 SURVEY DESCRIPTION TRACT ONE: ALL OF TRACT ONE AS SHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U.D., RECORDED IN PLAT BOOK 15 AT PAGE 70, BEING PART OF THE NW 1 /4 OF THE SWIM OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID TRACT ONE; THENCE S87°28'49" E 198. 16 FEET; THENCE S02°34'27" W 117.00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS S47034'27" W, 35.36 FEET, AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRON PIN; THENCE N87°25'33" W 46.20 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 48.00 FEET, A LONG CHORD THAT BEARS S66003125 " W, 42.86 FEET, AN ARC DISTANCE OF 44.43 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS S66001147" W, 13 .38 FEET, AN ARC DISTANCE OF 13.87 FEET TO A FOUND IRON PIN; THENCE N87°28'49" W 51 .48 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS N42028'49" W, 35 .36 FEET, AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRON PIN; THENCE NO2°31 ' 11 " E 142.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.70 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. SURVEY DESCRIPTION TRACT TWO: ALL OF TRACT TWO AS SHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U.D., RECORDED IN PLAT BOOK 15 AT PAGE 70, BEING PART OF THE N W 1 /4 OF THE SWIM OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE N87028'49" W 152.99 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS N42027'I 1 " W, 21 .22 FEET, AN ARC DISTANCE OF 23.58 FEET TO A FOUND IRON PIN; THENCE NO2°34'27" E 6.23 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 51 .00 FEET, A LONG CHORD THAT BEARS N08056120" W, 20.36 FEET, AN ARC DISTANCE OF 20.50 FEET TO A FOUND IRON PIN; THENCE N20°27'08" W 109.75 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25 .00 FEET, A LONG CHORD THAT BEARS N36002102" E, 41 .69 FEET, AN ARC DISTANCE OF 49.29 FEET TO A FOUND IRON PIN; THENCE S87°28'49" E 70.64 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS S61004'04" E, 13 .34 FEET, AN ARC DISTANCE OF 13.83 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 48.00 FEET, A LONG CHORD THAT BEARS S61 °02'26" E, 42.66 FEET, AN ARC DISTANCE OF 44.21 FEET; THENCE S87°25'33" E 46. 19 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS S42025'33" E, 35.36 FEET, AN ARC DISTANCE OF 39.27; THENCE S02°34'27" W 127.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.72 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 03/17/2006 03:16: 15 PM and recorded in Real Estate File Number 2006-0001092 Bette Stamps - Circuit I by d,2z� City of Fayetteville ,3a Staff Review Form City Council Agenda Items or ?Ile Contracts Contracts U)td-b k 7-Feb-06 f/r ����- p City Council Meeting Date Jeremy Pater Planning Operations Submitted By Division Department Action Required: R-PZD 05- 1619: (Westbrook Village, 284): Submitted by Nock Investments for property located at Lots I & 2 of the original Salem Village P.U.D. The property is zoned RSF-4, Residential Single Family, 4 Units per Acre and contains approximately 1 .42 acres. The request is to approve a Residential Planned Zoning District with 7 single-family residential dwelling units . $0.00 n/a n/a Cost of this request Catego /Pro ect 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 NumberRemaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Director Date Original Contract Date: n/a zv Original Contract Number: n/a City Attor Received tk�y ,le k's Office I i3 - oc -irq Financd and Internal Service Director Date Received in Mayor's Office � EItTEA Mayor "ateC3 Comments: /tp Y�GY7 oZ `4( 1010 City Council Meeting of February 7, 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: January 13 , 2006 Subject: Residential Planned Zoning District for Westbrook Village (R-PZD 05- 1619) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Westbrook Village, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a single-use project on approximately 1 .42 acres located at Lots 1 & 2 of the Salem Village P.U. D. The proposal consists of a residential development consisting of 7 single-family residential dwelling units. BACKGROUND Lots I and 2 were created as part of the original Salem Village P.U.D. for future development. Most of the Salem Village development has been constructed, however the two larger tracts located at the entrance into Salem Village are currently vacant and have retained the original RSF-4 zoning. Since the P. U .D. process is no longer an option for developing the remaining lots, the developer has requested a Residential Planned Zoning District to allow for similar lot sizes and configurations as those already developed in Salem Village. DISCUSSION The Planning Commission voted 7-0-0 in favor of this request on January 9, 2005. A Planned Zoning District requires City Council approval as it includes zoning and land use approval. Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1619, WESTBROOK VILLAGE, LOCATED ATTRACTS I AND 2 OF THE ORIGINAL SALEM VILLAGE P.U.D., CONTAINING APPROXIMATELY 1 .42 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN: BE IT ORDAINED BY THE CITY COUNCIU�OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following descrited.property is hereby changed as follows: From RSF4, Residential Single-Family, 4 units per to R-PZD 05-1619 as shown in Exhibit "A" attached hereto and`made a part here f Section 2. That the change 'm zon�ng c�lassifive-ation is based upon the approved master development plan, developmenty.standards, and conditions of approval as submitted,,de'termined appropriate and p roved by the City Council. e: tF�5'• ',� Section 3 v That this ordinance shall take effect and be in full force at such time as all of the regmreem c t x6f�lh master,d elopment plan have been met. Section 4 ;T:hat thel`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 2006. r. APPROVED: By: DAN COODY, Mayor By SONDRA SMITH, City Clerk EXHIBIT "A" R-PZD 05-1619 SURVEY DESCRIPTION TRACT ONE: ALL OF TRACT ONE AS SHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U. D., RECORDED IN PLAT BOOK 15 AT PAGE 70, BEING PART OF THE NWl/4 OF THE SW1/4 OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST- CORNER OF SAID TRACT ONE; THENCE S87028'49"E 198. 16 FEET; THENCE S02034'27"W 117.00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A°RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS S47°34'27,"JN` 35'36 FEET, AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRONtPIN; THENCE N87°25'33"W 46.20 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFTTHAVING A RADIUS OF 48.00 FEET, A LONG CHORD THATBEARS`S66°03'25"W /42.86 FEET, AN ARC DISTANCE OF 44.43 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIWbF 15.00 FEET, A LONG CHORD THAT BEARS S66001147"W; 13:38, FEET, AN�A�R&DISTANCE OF 13.87 FEET TO A FOUND IRON PIN; THENCE N87°28'49"W 51 ..48 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEA%N42°2849"W, 35.36 FEET, AN ARC DISTANCE OF 39.27;?FEET TO A FOUND IRON PIN;'''THENCE NO2031111 "E 142.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0. 70 ACRES, MORE OR LESS, BEING SUBJECT TO ANY.,EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR.FACT. SURVEY DESCRIPTION TRACT TWO: ALL OF TRAgCT TWO A! S- MOWN ON THE FINAL PLAT OF SALEM VILLAGE P. U.D., RECORDEDlN;,-PLAT BOOK 15 AT PAGE 70, BEING PART OF THE NW1/4 OF THE SWl/4 OF SECTION 32, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE N87028'49"W 152.99 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS N42027' 11 "W, 21 .22 FEET, AN ARC DISTANCE OF 23.58 FEET TO A FOUND IRON PIN; THENCE NO2034'27"E 6.23 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 51 .00 FEET, A LONG CHORD THAT BEARS N08056'20"W, 20. 36 FEET, AN ARC DISTANCE OF 20. 50 FEET TO A FOUND IRON PIN; THENCE N20027'08"W 109. 75 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS N3600210211E, 41 .69 FEET, AN ARC DISTANCE OF 49.29 FEET TO A FOUND IRON PIN; THENCE S87028'49"E 70.64 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS S61004104"E, 13.34 FEET, AN ARC DISTANCE OF 13 .83 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 48.00 FEET, A LONG CHORD THAT BEARS S61002'26"E, 42.66 FEET, AN ARC DISTANCE OF 44.21 FEET; THENCE S87025'33"E 46. 19 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS S42025'33"E, 35.36 FEET, AN ARC DISTANCE OF 39.27, T NCE S02°34'27"W 127.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0. 72 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. ,yam. x, / YY \ t a- TayeVI PC Meeting of January 9, 2005 KANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION COR RF SPAN DFNC F Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Jesse Fulcher, Current Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: January 4, 2006 R-PZD 05- 1619: Planned Zoning District (WESTBROOK VILLAGE, 284): Submitted by NOCK INVESTMENTS for property located at TRACTS I & 2 ORIGINAL SALEM VILLAGE P.U.D. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1 .42 acres. The request is to approve a Residential Planned Zoning District on the subject property with 7 single family lots proposed. Property Owner: HANK BROYLES Planner: JESSE FULCHER Findings: Proposal.• The applicant requests a rezoning and preliminary plat approval for a residential subdivision within a unique R-PZD zoning district. This project was submitted under the original PZD ordinance and therefore is not in the PZD Master Development Plan format. The proposed use of the site is for a residential development consisting of 7 single-family residential dwelling units. Existing Development: Lots 1 and 2 were created as part of the original Salem Village P.U.D. for future development. Most of the Salem Village development has been constructed, however the two larger tracts located at the entrance into Salem Village are currently vacant and have retained the original RSF-4 zoning. Since the P.U. D. process is no longer an option for developing the remaining lots, the developer has requested a Residential Planned Zoning District to allow for similar lot sizes and configurations as those already developed in Salem Village. Sarroundin Land Use/Zoning: Direction Land Use Zoning North Undeveloped RSF-4, Res. Single Family - 4 units/acre South Salem Village PUD RSF-4, Res. Single Family - 4 units/acre East Gary Hampton Softball Complex RSF-4, Res. Single Family - 4 units/acre West Salem Village PUD RSF-4, Res. Single Family - 4 units/acre The following bulk and area regulations are proposed by the applicant: R-PZD 05- 1619 Westbrook Village (A) Proposed Uses. K:IReporis12lR161 PC Reporis101-09 061R-PZD 05-1619 (N@nbrooA Village).doe Lots I -7 Unit 1 Cit -wide uses by right Unit 8 Single-familydwelling (B) Conditional Uses Lots 1 -7 Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 1 tome Occupations Unit 36 Wireless communications facilities (C)Density. For entire Subdivision 11_Units per acre 17 units/1 .39 acres = 5.03 units/acre (D) Bulk and area regulations. Single-family dwellings (all 2rmesidential lots) Lot minimum width 40' Lot area minimum 4,500 square feet Land area er dwellin unit 4,500. Only one dwelling unermitted. (E) Setback requirements. Lot # North Side East Side South Side West Side IA 10' 0' 15' 10' 2A 10' 0' 15' 0' 3A 101 0' 15' 0' 4A 10' 40' 15' 0' 5A 15' 40' 0' 15' 6A 0' 40' U 15' 7A 0' 40' 1 15' 1 15' 11 (F) Height. Dwelling - 35 ' (G) Building area. 4,500 square feet maximum per lot Total proposed dwelling units on the 1 .39-acre site (less 0.03 acres right-of-way) is 7; therefore the proposed density for the R-PZD is 5.03 DU/acre. The project site is currently zoned RSF-4, allowing for single dwelling units. This development will resemble the original Salem Village P.U.D. Water & Sewer: Water and sewer are not adjacent to all lots within the site. Improvements to the water and sewer system are required to serve the proposed lots. Access: All public rights-of-way were constructed with Salem Village. As with the original development, each lot will access from an alley located at the rear of the lots. K:lReporls110061PC Reporrs101-09 0618-PZD OS-1619 (0'esrbrwk Village).doe Street Improvements Proposed. No street improvements are required, since all improvements, including sidewalks, were installed with the original development. However, with the adoption of the Master Street Plan and the designation of Salem Road as a Collector Street, an additional 5 ' of right-of-way will be dedicated. Adjacent Master Street Plait Streets: Salem Rd. (Collector), Clabber Creek Blvd. (Local) Tree Preservation: Existing canopy: 0 % Preserved canopy: 0 % Required canopy: 0 % Mitigation: None-A Tree Preservation Plan Waiver Form was submitted and approved by the Urban Forester. Parks: Salem Village P.U. D. dedicated land to meet the Park Land Dedication requirement at the time of approval . This dedication did not account for the development of seven single family lots on tracts one and two. Fees in lieu will be assessed for seven single family lots. Parks fees are due in the amount of $3,885.00 before signing the final plat. Recommendation : Staff recommends R-PZD 05- 1619 be forwarded to the City Council with a recommendation for approval, with the following conditions: Conditions of Approval: I . Planning Commission determination of the required recommendation to the City Council regarding the rezoning of the subject property to the unique district R-PZD 05- 1619 with all conditions of approval as determined by the Planning Commission. THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THE SUBMITTED PZD. 2. An ordinance creating this R-PZD shall be approved by City Council. 3 . All setbacks, protective easements, density, designated uses and other zoning criteria are binding with the approval of the R-PZD. Submitted covenants are likewise binding to the project. 4. Dedication of an additional 5' of right-of-way for a total of 35 ' for Salem Rd. along the property' s frontage to conform with Master Street Plan requirements, shall occur at the time of Final Plat. 5. Parks fees in the amount of $3,885 for 7 single family dwellings are due prior to Final Plat. 6. Individual lot access shall be prohibited from Salem Rd. 7. All infrastructure improvements shall be installed, inspected and accepted prior to final plat approval . Standard Conditions of Approval: K:IReporns120061PC Reporrs101-09-061R-PZD 05-/6/9 (IVesibrook !(llage).doc 8. 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) 9. 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. 10. Sidewalk construction shall be in accordance with current standards to include six foot sidewalks along Happy Hollow Rd, at the right-of-way line. It . Street lights shall be installed every 300 feet along all public streets or provide guarantee prior to final plat. 12. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 13. Preliminary Plat shall be valid for one calendar year. Planning Commission Action: Approval ❑ Denied ❑ Tabled Meeting Date: January 9, 2005 7-0-0 Comments: 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 Date K:1Reporis120061PC Reporrs101-09-0618-PZD 05-1619 01 estbrook I illage).doc LAND USE PLAN: General Plan 2020 designates this site Residential. Rezoning this property to R-PZD 04-06.00 with single-family residential dwelling units is consistent with the land use plan and compatible with surrounding land uses and density in the area. 161.25 Planned Zoning District (A)Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; K:IReports l2(1061PC Reportsl0l-09-06(R-PZD 05-1619 (Westbrook Village) doe (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. (I0)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. (C) R — PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use K:IReports11fg161PC Reporrsl0l-09-0618-PZD 05-1619 (l1'estbrook Village/. doc 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. (2) Permitted uses. Unit I City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 15 Neighborhood shopping Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings (3) Condition. In no instance shall the residential use area be less than fifty- one percent (51%) of the gross floor area within the development. Findings associated with R-PZD 05-1619 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. The proposed density is consistent with the existing Salem Village development and maintains the compatible transition from a slightly higher density to the single family homes to the north. To provide the same type of development, including density, lot size and setbacks, the developer has requested a Planned Zoning District. (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. (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. K: (Reportsl2006l PC Reports01-09-06R-PZt) 05-1619 (IVesebrook Village).doc (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: All existing infrastructure, including streets, have been installed with the development of Salem Village. The proposed PZD will allow the two existing vacant lots within the development to be developed in a similar and appropriate fashion as the previously developed lots. (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 are enforced. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: The development exceeds all open space requirements. (6) Sidewalks. As required by § 166.03. FINDING: Sidewalks are existing. (7) Street Lights. As required by § 166.03. FINDING: If street lights are not located within 300' of this development, they shall be constructed by the developer. (8) Water. As required by § 166.03. FINDING: Water is not adjacent to all lots within the site. Improvements to the water system are required to serve all of the proposed lots. K:1Reports120061PC Reports101-09.061R-PZO 05-1619 (Westbrook Village).doc (9) Sewer. As required by § 166.03. FINDING: Sewer is not adjacent to all lots within the site. Improvements to the sewer system are required to serve all of the proposed lots. (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)AIl grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for K:IReport5110061PC Report5101-09-061R-PZD 05-1619 (Westbrook Village).doc 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: *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 V11 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 have been constructed according to the adopted standards of the City. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: N/A (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. FINDING: A Tree Preservation Plan Waiver Form was submitted and approved by the 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. K: IReports120061PC Reports101-09-06IR-PZD 05-16/9 (IVestbrook Village).doc FINDING: N/A (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Staff finds no specific scenic views to be protected on the subject property. (E) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (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, K:I Reporta120061PC Reponsl01-09-061R-PZD 05-1619 (Westbrook Village).doc the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally - owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. FINDING: The applicant shall comply with the above requirements, as part of the Planned Zoning District ordinance. 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 K:lReportsl2006lPC ReporislO/-09-061R-PZD 05-1619 (Westbrook Village).doc development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: The proposal best fits the flexibility and variety goals of the intent of the Planned Zoning District, offering attached single family housing types, lot arrangements, lot dimensions and building setbacks which are comparable to the original Salem Village PUD. The proposal is consistent with many of the guiding policies of the General Plan 2020 including: Residential Areas: 9.8.a Utilize principles of traditional residential urban design to create compatible, livable, and accessible neighborhoods. KAReporrs12006PC Reports101-09-061R.PZD 05-1619 (Westbrook Village).doc 9.8f Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and services. Environmental Resources: 9.I6.a Identify areas of environmental concern and protect and preserve environmental resources. 9.16.b Define and protect areas of significant floodplains, hillsides, trees and other environmental resources through cluster development provisions, density controls, protective easements and other new and existing development standards and regulations. Community Character: 9.19.g Encourage new residential development to incorporate varying lot sizes, home prices and types of dwelling units. (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. FINDING: The subject described real property is proposed to be rezoned to R-PZD 05- 1619. The development standards and plan approved shall be adopted with the rezoning. (C) R - PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. K:IReports120061PC Reports01-09.061k-Pm05-1619 (Westbrook Village).doc (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 allow for single-family residential development which is comparable and compatible to the existing subdivision. A general rezoning would not allow the type of development the applicant is pursuing, based on the bulk and area requirements of typical zoning districts, therefore a Planned Zoning District is more appropriate for the proposed development. The proposed subdivision allows for a density and land use that is compatible with adjacent properties, yet also allows for a flexible site plan and layout. A harmonious relationship with surrounding developments is achieved, while allowing for a very unique style and type of development. FINDING: The proposed single-family units are permitted uses within a Residential Planned Zoning District. All other ancillary uses (tree preservation/open areas, trails, etc.) are allowed by right. (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. FINDING: The proposed PZD proposed is entirely residential in use. *Required Findings for Rezoning Request. RECOMMENDATION: Staff recommends approval of the rezoning request from RSF-4, Residential Single Family —4 units per acre, to R-PZD 05-1619, with the adoption of the associated preliminary plat. LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as a Residential Area. Rezoning this property to R-PZD 04-1154, with associated Preliminary Plat, is consistent with the land use plan and compatible with surrounding land uses in the general vicinity. FINDINGS OF THE STAFF 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 rezoning of the existing RSF-4 property to the proposed R- PZD development with single family residential use at a density of 5.03 units per acre is consistent with the General Plan 2020 that identifies this area for residential use. The proposed land use is unique to the area with regard to site layout and organization, meeting many of the objectives and principles of K:1 Reporisl20061PC Reportsl0!-09-06IR-PZD 05-16/9 (Westbrook Village).doc the land use plan that promotes unique forms of development. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed in order to develop a subdivision in the manner proposed with the R-PZD site plan. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciably increase traffic danger or congestion surrounding streets. Approximately 70 average two-way vehicle trips per day from this development would be created; a Collector Street, the primary means of access to the site currently, can accommodate 6,000 vehicles per day at full build -out. 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: Based on findings from public service providers, as outlined below, an undesirable increase in load on public services would not be created. Fire - Fire station #7, approximately 2.2 miles away, serves this site. Fire response time to the site is approximately 6 minutes, with an anticipated 2 calls for service at maximum build -out, based on the Service Delivery Impact included as a part of the staff report. Police - Projects existing in this area already receive police services. The same level of service will be provided to this site as is currently applied to the existing surrounding development. It is the opinion of the Fayetteville Police Department that this Planned Zoning District will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Engineering — The proposed subdivision has been reviewed for access to public utilities, including water and sewer. Improvements to the water system and sewer system are required to serve all of the proposed lots. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (I) 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; K:lReportsl2006lPC Reporist0l-09-061R-PZD 05-1619 (Westbrook Village).doc 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:IReports120061PC Reports(0/-09-061R-PZ/) 05-/6/9 (Nesthrook Village/.doc a e e�i le Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of January 9, 2006 TREE PRESERVATION and PROTECTION REPfIRT To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: January 4, 2OO6 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM #: R-PZD o5-1619: Planned Zoning District (Westbrook Village) Background: > The Tree Preservation Plan was approved with the original plat for Salem Village. Lots 1A -7A have no existing trees on -site outside of utility easements and/or rights of ways. Findings: ➢ The 54 trees planted along the rights of ways and utility easements range in size from 2"-8" diameter breast height. None of the trees should be damaged or removed during this process. A Tree Preservation Waiver has been submitted and approved by the Urban Forester. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-444-3469 TO: Jesse Fulcher, Associate Planner FROM: Alison Jumper, Park Planner DATE: November 14, 2005 SUBJECT: Parks & Recreation Tech. Plat Review Comments ***************************************************************************** Meeting Date: November 16, 2005 Item: R-PZD 05-1619 Westbrook Village, 284 Park District: NW Zoned: R-PZD Billing Name & Address: Brandon Barber, SCB Investments Current Land Dedication Requirement Money in Lieu Single Family @ .024 acre per unit = acres 7 @ $555 per unit = $3,885 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: • Salem Village P.U.D. dedicated land to meet the Park Land Dedication requirements at the time of approval. This dedication did not account for development of seven single family lots on tracts one and two. Fees in lieu will be assessed for seven single family lots. Parks fees are due in the amount of $3,885 before signing the final plat. R-PZD0-1 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS January 3, 2006 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 Annexation PZD 05-1619 (Westbrook Village, 284) submitted by Nock Investments for property located at tracts 1 & 2 Original Salem Village P.U.D.would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this Planned Zoning District will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerely, captain William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTME (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 too -A W6ST CCKSC FAYETTEVILLE, ARKANSAS it -trial PHONE: 478-587-3555 FAX: 4795873522 Fayetteville Fire Department U4] To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Chief Tony Johnson From: Captain Dale Riggins Date: January 4, 2006 Re: January 3, 2006 Re -zoning Review — Fire Department Comments ANX06-1 (Wales, 373) This 1.42 acre covered by Engine 5 at 833 N Crossover. It is 2.1 miles from a station with an expected response time of 5.5 minutes. When the new station 5 is put insbwce at Crossover and Old Wire the response time will increase to 6 minutes We do not figured projected callr service on annexations. There should be no adverse effects o ur call volume or response time to this RZNO6-1 (Chambers, 485) This .20 acre t overed by Engine I and Ladder I at 303 W Center. It is 0.8 miles from a station with an expected response time of 4 minutes. With such a small parcel the anticipte4al1s for service was figured at 0. There should be no adverse aFfe3s on our call volume or response time to this development. RZN06-1 (Scholar's Inn Apartments, 402) These 2.25 acr�s..sre covered by Engine 7 at 835 N. Rupple Rd. It is 1.4 miles froma station with an expected response time of 3.75 minutes. The Fire Department anticipates (7 EMS - 5 Fire/Other) calls for service per year once the development is completed i4maximum build -out has occurred. The service impact of this deve ment will typically take eighteen months after the development is started, and the unit egin to be occupied, to occur. Measured Hydrant Flow in this area is'74.9 gallons/minute. There should be no adverse effects on our'ball volume or response time to this development. 1 ANX06-18 (Nock/Broyles Salem Rd, 205/206) RZN06-1854 ock/Broyles Salem Rd, 205/206) These 19.99 acre re covered by Engine 7 at 835 N Rupple. It is 3.4 miles from fhqstation with an anticipated response time of 8.75 minutes. This long response time is d to Rupple Road being narrow and curvy. Engine 2, on N Garland, has approximate) he same response time. This response time is above our goal of having the first unit oiNJe scene within 6 minutes, 90% of the time, and our goal of assembling all responding unit o the scene of a moderate risk assignment within 10 minutes, 90% of the time. It has bee roposed (Fayetteville Fire Department: Deployment Study 2003) to build a fire tion (Station 9) to cover this northwest part of the city. The Fire Department anticipates 18 (II EMS —7 Fire/Other) calls for service per year once the development is completed and maximum uild-out has occurred. The service impact of this type development will typically take ei teen months after the development is started, and the units begin to be occupied, to occur. Measured hydrant flow in this area is 805 gallons/minute. There should be no adverse effects on our call volume to this development. PZD05-1735 (fld4ock Road, SID, 526) These 10 acres are co red by Engine 5 at 833 N Crossover Rd. It is 1.3 miles from the shtin with an anticipated response time of 3.25 minutes. After Station 3 is located at Happy Ilow and E Huntsville, the distance from the station will be reduced to .6 miles with an an ' ipated response time of 2 minutes. The Fire Department anticipates 13 (8 EMS —"Sf ire/Other) calls for service per year once the development is completed and maximum build -out has occurred. There should be no adverse effects on our call volume or response time to this development. R-PZD-1619 (Westbrook Village, 284) This 1.42 acre is covered by Engine 7 at 835 N Rupple Rd. It is 2.2 miles from the station with an anticipated response time of 6 minutes. The Department anticipates 2 (1 EMS — I Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. Measure hydrant flows in this area is 1500 gallons/minute. There should be no adverse effects on our call volume or response time to this development. If you have any questions or ne meat x365 Dale Rigging Fayetteville Fire Department development. A stu of the downstream system sha1i4onducted by the devetspr. site has access to Happ ollow Road. Other improve�tq that may be required all be evaluated by staffa evelopmentoccurs. Runoff from mo f the site flows overlan o the east. Standard improvem nts and requirements for drainage will be requiid for the development. WESTBROOK VILLAGE PZD (PZD 05-1735) Water is not adjacent to all lots within the site. Improvements to the water system are required to serve all of the proposed lots. Sewer is not adjacent to all lots within the site. Improvements to the sewer system are required to serve all of the proposed lots. The site has access to Clabber Creek Boulevard and Westminster Drive. NOOK INVESTMENTS, LLC Improvement & Progression have One L t e r n a I Round June 29, 2005 Planning Staff 125 W. Mountain Street Fayetteville, AR 72701 479.575.8267 Planning Staff As the acting representative of SCB Investments for the purpose of obtaining staff approval, Nock Investments, LLC seeks the approval of dividing two parcels within the Westbrook Village Subdivision (former Salem Village Subdivision) as recommended under a PZD strategy. Parcel 765-21137-000 and 765-21138-000 were originally platted for retail/office property. It was assumed at that time that a commercial application to these lots may arise. The project itself floundered thereafter for several years until it was revitalized in 2003. Now with the lots sold out and nearly all lots (exception of 3) built upon, it is apparent that a commercial application is not the highest and best use for the parcels listed above. The intent is to divide these parcels into single family lots in harmony with the existing neighborhood, with rear access alleys and utilities. Submittal for lot splits occurred on March 14, 2005 (see attached letter) but was rejected by staff because complications arising from the original PUD formation. Unfortunately the PUD ordinance no longer exists and a simple lot split will not cover the requirements to facilitate the necessary changes. Since that time several meetings have occurred whereby staff has recommended following a simple PZD approval strategy. Please accept this letter as our request to simplify the process as much as possible to facilitate the endeavor. The design of the modified lots will be in harmony with the design and size of the existing lots. Houses to be built on the lots will be oriented in accordance with existing neighborhood conditions including rear access alleys and utilities (see design in attached plans). Nock Investments, LLC ONE EAST CErrrER SrReer. Sucre 301. BANK of AMERICA PLnzn. FAYETTEywLe- AR 72701 P• 479444.9780 F• 479444.9775 BETTER HOMES OF ARKANSAS CONSTRUCTION, LLC Quality Homes Affordable Pi is 7,750.approx. • S(/1 )fTc feet Open House:Saturday May 7 (10am-2pm) You could move into a Personalized New Home this Summer! Plantation Fborpian Features: 3 Bedrooms & 3.5 Baths, w/ upstairs Family Room or Office, Maintenance -Free Steel Exterior w/ Gutters, 10 'foot ceilings downstairs & 9 up, Rear 2 -car garage, Maple Cabinets, Stainless Steel Appliances incl. Refrig- erator, Crown Molding, Ceramic Tile floors in all wet areas. Upgrades incl. Granite Tile Countertops, Hardwood Floors, etc. are available. Westbrook Village Features: Walking distance to Holcomb Elementary, Community Swimming Pool opening this Summer, Property Owners Association, Protected Wet- lands adjacent to Property, Mature Red Maple Trees line all streets, scattered Green Space Islands throughout All other Homes on this Street are Completed and Sold. ..,n--„-, .)z ruu IL kmail„h fq �bhallc.com Call 527-3996 to Schedule a Guided Walkthrough. BHA Construction, LLC 4 -�\; /) /%\§ w� /- �,. - i. -_..: t BETTER HOMES OF ARKANSAS CONSTRUCTION, LLC it ix Homes / clable Prices IxLa ri�it 'limn Fn 1nK l'.un>i'rtiin,\. I. I,C 3607 ClabberCreek Blvd. Fayetteville. AP 72704,; Phone: 479-527-3996 Fax: 479-527-6672 Email: Info(a)bhallc.com CHICAGO 713 Whit Lane Open House:Saturday May 14 (10am-2pm) You could move into a Personalized New Home this Summer! Chicago Floorplan Features: 3 Bedrooms & 3.5 Baths, w/ upstairs Family Room or Office, Maintenance -Free Steel Exterior w/ Gutters, 10' foot ceilings downstairs & 9' up, Rear 2 -car garage, Dual HVAC & Thermostats, Maple Cabinets, Stainless Steel Appliances incl. Refrigerator, Crown Molding, Ceramic Tile floors in all wet ar- eas. Upgrades incl. Granite Tile Countertops, Hardwood Floors, etc. are available. Westbrook Village Features: Walking distance to Holcomb Elementary, Community Swimming Pool opening this Summer, Property OwnersAssociation, Protected Wet- lands adjacent to Property, Mature Red Maple Trees line all streets, scattered Green Space Islands throughout, All other Homes on this Street are Completed and Sold. Call 527-3996 to Schedule a Guided Walkthrough. II lit Construction. 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Iti 51I 3ii'lftlt., 1'i Ix I al ' i i I'fi li gt�t !ai 1',it�lu 'MI !� t Iltf ri ,. Ii 4It ! I • a .tl II ifttf III , IIi,I� 3 r'�'III�IIII i ii I;i !I is; Ilt t Iii if °!ail III7 139 f iI�;!IillfgI, itulfJit IIIIIII3�III`PMi` ti I u e 1 . 4 F a I f an aI.9 I 7I 9 QO)ECi OFDM4 I 8�a a pp A 8( a 9 R3�g p° is o .pp �iys g p A�. ' A A B A A A Bg A A ! • � A 6A n p jy�pp9 �A 2i E 1.gig s$Ai 7* -.4A .' '• '• pHy99 � h c • H B an D m • • .� La < p rn r 7C _ o° mm ` M -g r V ~ ~ O N •zj II u QYooONrCryy21I�I .+ 4ANyY Y RPf {.9y9yY y6 SY Y .y' > A OO N.�000'1 t1Y.1� yA S4 �ISy� a�• •!!pj!pj!�'�� I�R•p• gg gg� A� 1n > peg a 6� Z 9 `n 9 AA y p A ,ff P J T ° NAO 11./ 0� 2 x a... m • r OOOJC Cy> YD g; /1 2 , I qqSS G qAg.n �'J Y 5 -1 y �iA /i O r.m �466c WJa,+6.hcok City Council Meeting of February 21, 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: February 14, 2006 Subject: Residential Planned Zoning District for Westbrook Village (R-PZD 05-1619) BACKGROUND At the meeting of the City Council on February 7, 2006, members of the Salem Village PUD Property Owners Association declared that the proposed alleys accessing Lots I A, 2A, 3A, and 4A on the north side of Clabber Creek Blvd. and Lots 5A, 6A, and 7A to the south of Clabber Creek Blvd., illegally crossed property maintained and owned by the Salem Village Property Owners Association. Research into the Salem Village Final plat revealed that the alley access from Westminster Dr. to Lots IA, 2A, 3A and 4A entered from the public right-of-way and therefore did not encroach onto private property. However, the proposed alley access to Lots 5A, 6A and 7A did in fact cross private property. Therefore, the applicants for Westbrook Village have redesigned the alley access, so as to not cross private property. As shown on the revised site plans, the proposed alley access will intersect the existing common access alley and then curve around the private property within an access easement, allowing access to the proposed lots. Staff recommends the City Council amend the submitted Planned Zoning District for Westbrook Village to incorporate the above stated revisions and with the following condition: The proposed alleys shall extend a sufficient length to provide access to all proposed lots within a dedicated access easement. However, there shall be no direct vehicular access to Salem Rd. or Clabber Creek Blvd. from an alley or lot. City Council Meeting of February 21, 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: February 14, 2006 Subject: Residential Planned Zoning District for Westbrook Village (R-PZD 05-1619) BACKGROUND At the meeting of the City Council on February 7, 2006, members of the Salem Village PUD Property Owners Association declared that the proposed alleys accessing Lots I A, 2A, 3A, and 4A on the north side of Clabber Creek Blvd. and Lots 5A, 6A, and 7A to the south of Clabber Creek Blvd., illegally crossed property maintained and owned by the Salem Village Property Owners Association. Research into the Salem Village Final plat revealed that the alley access from Westminster Dr. to Lots IA, 2A, 3A and 4A entered from the public right-of-way and therefore did not encroach onto private property. However, the proposed alley access to Lots 5A, 6A and 7A did in fact cross private property. Therefore, the applicants for Westbrook Village have redesigned the alley access, so as to not cross private property. As shown on the revised site plans, the proposed alley access will intersect the existing common access alley and then curve around the private property within an access easement, allowing access to the proposed lots. Staff recommends the City Council amend the submitted Planned Zoning District for Westbrook Village to incorporate the above stated revisions and with the following condition: The proposed alleys shall extend a sufficient length to provide access to all proposed lots within a dedicated access easement. 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V'ilP'J fl ! awn O �41V , iTN S p m4 jj 7 c i yv, c i.r ro yy� Ns Ji SALEMRQAD�= -- - o � — �—___ 'ice—__��.— _ _—_•_.� Q -__--Is•afi = ____ -- -— --u C____.=____.___2_4)...4.._,r d t$Ai. _4._._... ~ _ _Jr cW.__ a�4 p•P• �dpl«1 6 • r ₹L p p AI H igg ₹�qd II H II IIjiU I ! mdp fl 4 I II II II I ' II • OB' .1 • • l Ct: OY• YM F 1 ®NEAR 3 IT �f= 9; i IIIIIII I iI II 9 I 3 UI nr Cr, } t• 7 � J i xY i J5TE E... J.Rn 1 xl ,I� 1 i 1 z YI z r z Z M 111 0)ECT 3ma a 47 a El CD Wgusru ❑ 2 ! 0z� mom a4 1 Z .•CD UI l O 1 .'•iv8z .• p z yN Ny yg W o n F tD y • ... .:: y.. -..,..I, o p 2 •.I n z. fi1 CF91Iw�"4 F O $ z � `� c m o m D S a i l J O 3 a gpC x Y§ .. N��� �= m�ic—J nl. g`+'.� D A g� N y m �� �� b ' c 44. + bl�'il\ q l p q v S p pl m y I's1Ndy ��a, L • � C. G Ir Ty . 4.0 qu w cnr q M F ^y <•y� o :y� m q4 �R�qP ft (n . 0 a � aGp� .a Nydd,>y IL fl )e tl 1�� m Ra �' 008 r D m m m . ....o .a °F:tl BieG9 : - i—I ��a b Fp ej, e. oII nhIhOia wK�� ,...... . 1 iri�'li�' �S:❖:•:d �II.1.1,•.•.❖.❖.` tl e o q n o 9 N o F b I 0)ECTOF( 2� n1�q < a r w Q.go p u^ ` ' ry 0 ez2 a2R' rnr V S "rn l / U a�R ro m ..g tisItd4 Clarice Pearman - Ords. 4832, 4833, 4834 4836 & 4837 Page 1 . From: Clarice Pearman To: Pate, Jeremy Date: 2/27/06 10:54AM Subject: Ords. 4832, 4833, 4834, 4836 & 4837 Jeremy, Attached are the above ordinances passed by City Council, February 21, 2006. CC: Bell, Peggy; Deaton, Vicki; GIS NORTHWEST ARKANSAS EDITION 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: UJ any '4 was inserted in the regular editions on I Vj I , arn PO# ** Publication Charge: $ i&'7. Subscribed and sworn to before me this day of I r 2006. 2boi\ Notary Public Sharlene D. Williams Notary Public My Commission Expires: state of Ahansas My Commission Expires October 18, 2014 " Please do not pay from Affidavit. An invoice will be sent. RECEIVED MAR09 9 2006 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4832 AN ORDINANCE ESTABLISHING A RESIDENTIAL e ev le PLANNED ZONING DISTRICT TITLED I PZD OS- j' 1619, LAND 2OK VILLAGE, LOCATED AT 1/ iITACTS 1 AND 2 OF THE ORIGINAL SALEM VIL- LAGE P.0 D.. CONTAINING APPROXIMATELY 1.42 AR KANSASi ACRES. AMENDING THE OFFICIAL ZONING MAP • OF THE CITY OF FAYETTEVILLE: AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN DR IT. ORDAINED BY T4E CITY COUNCIL OF THE CITY OF FAYETTEVULE8 ARKANSA83 Section 1: That the zone classification of the foWedng described property is hereby changed as fol- lO+re: Front RSF-4, Residential Single -Family. 4 units per acre. to R-PZD 05-1619 as shown in Exhibit'A' attached hereto and made a Pon 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 bme as all of the require- ' meats of the master development plan have been met. SectIon That the official ehencal providmap ed Section the fC t Ot Fayetteville, Arkansas, is hereby amended to re the p + PASSED and APPROVED this 21st day of February, 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONORA SMITH, City Clerk E)(HIBIT'A' R.PZD 05.1619 :T ONE ASSHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U.D., RECORDED IN IS AT PAGE 70, BEING PART OF THE NWt(4 OF THE SW 1/4 OF SECTION 32. TOWN- )RTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING AS FOLLOWS: AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID TRACT ONE: '°28'49' E 198.16 FEET; THENCE S02°34.27 W 117.00 FEET; THENCE ALONG A THE RIGHT HAVING A RADIUS OF.25.00 FEET, A LONG CHORD THAT BEARS I, 35.36 FEET. AN ARC DISTANCE OF 39.27 FEET TO A FOUND IRON PIN; THENCE /4620 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE LEFT HAY- ... A & nur ranan THAT REARS $66°0325- W. 42.86 FEET. AN ARC AbN4Cb VI A muuCHORD PIN- THFNCE NO2°31.11- E RESTRICTIONS OF RECORD OR FACT. SURVEY DESCRIPTION TRACT TWO: ALL OF TRACT TWO AS SHOWN ON THE FINAL PLAT OF SALEM VILLAGE P.U.D., RECORDED IN PLAT BOOK 15 AT PAGE 70. BEING PART OF THE NW1/4 OF THE SW1/4 OF SECTION 32, TOWN - I SHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. ALSO BEING I DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 2: THENCE N87°2849• W 152.99 FEET TO A FOUND IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVINGA RADIUS OF 15.00 FEET, A LONG CHORD THAT BEARS N42027.11- W, 21.22 FEET, AN ARC DISTANCE OF 23.58 FEET TO A FOUND IRON. PIN; THENCE NO2°34'2T E 6.23 FEET TO A FOUND IRON PIN: THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 51.00 FEET. A LONG CHORD THAT BEARS N08.58'20W, 20.36 FEET, AN ARC DISTANCE OF 20.50 FEET TO A FOUND IRON PIN: THENCE N20 27.08- W 109.75 FEET TO A FOUND IRON PIN;'THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET. A LONG CHORD THAT BEASN3600202 E. 41.69 FEET. AN __. _ ._.._R_ •_.__%#.. •., ?_ n e. ¢LT TfA V. .....✓ . .... •.-.. - . N; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 15. THAT BEARS S8104'04' E, 13.34 FEET, AN ARC DISTANCE OF.13.83 FEET: i A CURVE TO THE LEFT HAVING A RADIUS OF 48.00 FEET. A LONG CHORD , 725'33 E FOUND IRO42.68 PIN; THENCE FEET. AN ALONG DISTANCE URVE O T1 HEER FEET; THENCE HAVING6A RADIUS A LONG CHORD THAT BEARS S42'2533- E, 35.36 FEET, AN ARC DISTANCE OF 502°34'27 W 127^06 FEET TO THE POINT OF BEGINNING: CONTAINING 0.72