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Ordinance 4846
' Illllllllllllllllllllllliillllllllllllllllllllllllllllllllllllllllllllllllllllll '' Doc ID : 009832870002 TVDe : REL Recorded : ' 04/05/2008 at 04 : 03 : 42 PM Fee Amt : $11 . 00 Pane 1 of 2 Mashlnoton Countv . AR Bette Stamps Circuit Clerk File 2006-00013591 ORDINANCE NO, 4846 AN ORDINANCE TO AMEND THE APPROVED RESIDENTIAL PLANNED ZONING DISTRICT TITLED R- PZD 05- 1734, PARADISE POINT, LOCATED WEST OF CROSSOVER, SOUTH OF JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1 .55 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That condition of approval #3 of the original R-PZD shall be deleted and the following condition is adopted in its stead: Two curb cuts shall be permitted onto Crossover Road as shown on the submitted site plan, subject to approval by AHTD. In addition, the developer shall construct a driveway stub-out to provide future cross-access from the subject property to the northern property line utilizing the eastern connection as submitted for review at the November 28, 2005 Planning Commission meeting. An access easement shall be shown on the site plan, extending from the right-of-way to the northern property line. This access easement shall be dedicated prior to issuance of the building permit. Furthermore, the applicant shall comply with all other conditions of the approved R-PZD 05- 1734. 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. 41 . PASSED and APPROVED this 21St day of March 2006. \I Oo� ' Gp� APPROVED: ATTEST: : FAYETTEVILLE: o � 2�a �.9�,y�RKANSPVj,�. By. By, •��i,/yG i ON � � �• DA O011Y, Mayor SON RA SMITH, City Clerk EXHIBIT L°A" R-PZD 05-1734 LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, . MORE PARTICULARY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 , THENCE NO2025136"E 184.24 FEET; THENCE S88°07'29"E 10.49 FEET; THENCE NO2011 '58 "E 4.23 FEET; THENCE S87038'29"E 55.34 FEET; THENCE S23038'06"E 99. 87 FEET; THENCE S86000'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY 265 ; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES: THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A S10°53'03 "W 134.55 FOOT CHORD; THENCE S15° 14'01 "W 122.74 FEET; THENCE 45 . 11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175 .73 FOOT RADIUS AND A S13038'43 "W 45 . 10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT-OF WAY N86033'20"W 40.99 FEET; THENCE N28°47'51 "W 234.05 FEET; THENCE N85055'23 "W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 04/05/2006 04:03:42 PM and recorded in Real Estate File Number 2006-0001359 Bette Stamps - Circuit Cle by - - - 3lu � o(o City of Fayetteville Staff Review Form 7�/ City Council Agenda Items � �.�Qr17Y or Pant Contracts 21 -Mar-06 p City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: ADM 06- 1976: (Paradise Point R-PZD, 177): Submitted by lit Engineering, Inc. for property located west of Crossover, south of Joyce Boulevard. The property is zoned R-PZD, and contains approximately 1 .55 acres. The request is to amend a previously approved Residential Planned Zoning District (Paradise Point R-PZD 05- 1734) with 12,065 s.f. of retail space, 12 residential units, and 55 parking spaces. The amendment will allow a second curb cut onto Crossover Road in-lieu of cross- access to the north. $0.00 n/a n/a Cost of this request Catego /Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 3- Zob Department D ector Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City Cler s Office FN .R .D ;;n4 Finance Ad Interna Service Director Date If Received in Mayor's Office Mayor Date Comments: 6 City Council Meeting of March 21 , 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: March 2, 2006 Subject: Residential Planned Zoning District for Paradise Point (R-PZD 06- 1976) RECOMMENDATION Planning Staff recommends approval of an ordinance amending Residential Planned Zoning District (R-PZD 05- 1734) for Paradise Point. The amendment would permit two curb cuts onto Crossover Road. In addition, staff recommends the construction of a driveway to provide future cross-access from the subject property to the northern property line utilizing the eastern connection as submitted for review at the November 28, 2005 Planning Commission meeting. BACKGROUND The subject property consists of approximately 1 .55 acres located west of Crossover Road and the UAMS Campus. It is currently zoned R-PZD and surrounded by a golf course to the west and south. On November 28, 2005, the Planning Commission voted 9- 0-0 to recommend forwarding a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district to the City Council . The City Council approved the R-PZD on January 3, 2006 with all conditions and recommendations made by the Planning Commission. The applicant was unable to receive authorization from the adjacent property owner for cross-access through the property to the north. Per the conditions of approval, the applicant is required to resubmit to the Planning Commission and City Council for evaluation of safe and adequate means of access and traffic patterns. Instead of removing the cross-access and only providing one access onto Hwy 265 (Crossover Road), the applicant proposes two curb cuts on the Crossover Road. DISCUSSION The Planning Commission voted 6-0-0 in favor of this request on February 27, 2006. Recommended conditions were amended and approved by the Planning Commission and are reflected in the attached staff report. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND THE APPROVED RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1734, PARADISE POINT, LOCATED WEST OF CROSSOVER, SOUTH OF JOYCE BOULEVARD, CONTAINING APPROXIMATELY 1 .55 ACRES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That condition of approval 43 of the original R-PZD shall be deleted and the following condition is adopted in its stead: Two curb cuts shall be permitted onto Crossover Road as shown on the submitted site plan, subject to approval by AHTD. In addition, the developer shall construct a driveway stub-out to provide future cross-access from the subject property to the northern property line utilizing the eastern connection as submitted for review at the November 28, 2005 Planning Commission meeting. An access easement shall be shown on the site plan, extending from the right-of-way to the northern property line. This access easement shall be dedicated prior to issuance of the building permit. Furthermore, the applicant shall comply with all other conditions of the approved R-PZD 05- 1734. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change provided in Section I above. PASSED and APPROVED this 21St day of March 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" R-PZD 06-1976 LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT I THENCE NO2025'36"E 184.24 FEET; THENCE S88007'29"E 10.49 FEET; THENCE N0201 1 '58"E 4.23 FEET; THENCE S87038'29"E 55.34 FEET; THENCE S23038'06"E 99.87 FEET; THENCE S86000'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY 265; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES : THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A SI0053'03 "W 134.55 FOOT CHORD; THENCE S15° 14'01 "W 122.74 FEET; THENCE 45 . 11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT RADIUS AND A S13°38'43 "W 45 . 10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT-OF WAY N86033'20"W 40.99 FEET; THENCE N28°47'51 "W 234.05 FEET; THENCE N85055'23 "W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55 ACRES, MORE OR LESS. 2 Taye rve e PC Meeting of February 27, 2006 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: February 21 , 2006 ADM 06-1976: Administrative Item (PARADISE POINT R-PZD, 177): Submitted by Planning Staff to amend the approved Residential Planned Zoning District for a second curb cut on Crossover in lieu of cross access. Planner: Suzanne Morgan BACKGROUND Project Description & Background: The subject property consists of approximately 1 .55 acres located west of Crossover Road. It is south of AHEC and surrounded by a golf course to the west and south. On November 28, 2005, the Planning Commission voted 9-0-0 to recommend forwarding a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district to the City Council. The City Council approved the R-PZD on January 3 , 2006 with all conditions and recommendations made by the Planning Commission. The third condition of approval required Planning Commission determination of safe and adequate access to the property. The following is the condition of approval and Planning Commission recommendation on this matter: Planning Commission determination of safe and adequate access to the subject property. The applicant has proposed access to the development from Hwy 265 and an access easement through the UofA Medical Sciences campus to the north. At this time, the applicant has not received approval of the proposed access to the north. Staff recommends that should the applicant not obtain a perpetual access easement to the property to the north prior to the issuance of a building permit, the application shall be resubmitted to the Planning Commission for evaluation ofsafe and adequate means of access and traffic patterns. The Planning Commission recommended approval with a second access and the allowance for this second access to the north to be moved west of where currently proposed. The plat has been revised to show a secondary access to the north along the western property line. The addition of parking has also been shown as part of the proposed access to serve the property to the north. Prior to construction of this parking area all necessary permits for construction shall be obtained. K.lReporU120061PC ReporuIO2-17-061ADM 06-1976 (Paradise Point R-PZD).doc The Planning Commission recommended to move the cross access to the west due to the applicant's request (see Minutes of the 11 /28/05 meeting). Proposal: The applicant was unable to receive authorization from the adjacent property owner for cross-access through the property to the north. Per the conditions of approval, the applicant is required to resubmit to the Planning Commission and City Council for evaluation of safe and adequate means of access and traffic patterns. Instead of removing the cross-access and only providing one access onto Hwy 265 (Crossover Road), the applicant proposes two curb cuts on the Crossover Road. DISCUSSION Curb Cuts: Staff finds that the request to have two curb cuts onto Crossover Road will not create a dangerous traffic situation for the following reasons: I . There are no curb cuts on the east side of Crossover Rd to conflict with turning movements. 2. There are no curb cuts between the northern curb cut and the intersection of Crossover and Joyce. 3. The distance between these two curb cuts and the street to the south is approximately 200 feet, providing adequate distance between two vehicle turning movements. 4. The throat length of each proposed driveway appears adequate for stacking distance into and out of the property. 5. If the golf course ever develops, it only has access to Crossover Rd just south of Paradise Point. Vehicles may be able to utilize cross access through Paradise Point. This can be reviewed in the future, if and when the golf course develops. Cross Access: Staff recommends that the applicant provide an access easement to the northern property line and construct a 24' wide driveway to the property line. This will allow access between the adjacent properties if at some point in the future an agreement can be reached, thereby improving connectivity in this area. The site plan submitted by the applicant does not indicate an access easement or construction of a stub-out to the property line. In reviewing each of the cross access locations proposed by the applicant in relation to the Tree Preservation Plan, the western connection (as requested by the applicant and approved by Planning Commission and City Council) will result in the greatest disturbance of existing greenspace and the removal and disturbance of several significant, high priority trees on the subject property (and possibly the adjacent property, though a survey of tree canopy was not conducted on the adjacent property). Other Modifications: The applicant has not reduced the proposed parking numbers from the original request. However, 19 of the 55 parking spaces (35%) were reduced in width to meet compact space requirements. The amount of compact spaces is within the allowance granted by city ordinance. The applicant updated the project booklet to indicate that there will be two points of access onto Crossover Road; the zoning criteria was not modified. K.tReporul2006lPC ReporuIO2.27-061ADM 06-/976 (Paradise Point R-PZD).doc RECOMMENDATION Staff recommends approval of two curb cuts onto Crossover Road as shown on the submitted site plan. In addition, staff recommends the construction of a driveway to provided future cross- access from the subject property to the northern property line utilizing the eastern connection as submitted for review at the November 28, 2005 Planning Commission meeting. An access easement shall be shown on the site plan, extending from the right-of-way to the northern property line. This access easement shall be dedicated prior to issuance of the building permit. Furthermore, the applicant shall comply with all other conditions of the approved R-PZD 05- 1734. Planning Commission Action: 4Forward ❑ Denial Motion: Clark Second: Allen Vote: 6-0-0 Meeting Date: February 27, 2006 Comments: The wConditions of Approvals listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K.I Reporal2006IPC ReporUI02-27-061ADM 06-1976 (Pnrodise Poin( R-PZD).doc Ta ye eve e ARKANSAS 113 W. Mountain St. THE CITY OF FAYETTEVILLE ARKANSAS Fayetteville, 72701 ' 44 Telephone: (47I) 444-347-347 0 PARKS AND RECREATION DIVISION Date: February 21, 2006 From: Sarah K. Patterson, Urban Forester Subject: Paradise Point PZD With the proposal of the additional ingress/egress onto Highway 265 tree preservation will not be affected. Both curb cuts have been located in areas where there are no existing trees. The stub-out proposed to the north does not extend to the property line. If this was to extend or an access easement added, tree # 18 would have to be removed and mitigated for appropriately. Tree: #17 would also be compromised with the extension and would not necessarily require removal .but extra precautions would have to be taken such as root pruning. Both . ofthese trees are significant, in good shape, and a high priority for preservation. If the stub-:out Was moved closer to Highway 265, where the originally cross access was approved, no trees should be lost. The curbs and grading could be located between tree #10 and #9 without compromising the root system of these trees. I , I f I <.._ - ENGINEERING, INC. City of Fayetteville February 20, 2006 113 West Mountain Street Fayetteville, AR 72701 Attn: Suzanne Morgan RE: PARADISE POINT RE-SUBMITTAL (R-PZD 05-1734) Dear Suzanne, Please review this submittal for the February 27a' Planning Commission Meeting. This project has already been approved by Planning Commission and City Council but we have made revisions to the project that will require another review. In the original submittal and approval, we were proposing 1 entrance to the site from Highway 265 and 1 entrance to the site from the north via a connection to AHEC's parking lot. At that time, the Paradise Point owner was in negotiations with the owner of AHEC for the access easement to connect to the parking lot. The acquisition of this easement was a condition of approval for our original submittal. Unfortunately, the negotiations for the access easement fell through and we have had to revise the plan to allow for 2 entrances to the site off of Highway 265. The changes that were made to this plan were only associated with the revision from 1 entrance to 2 entrances. We also had to make 19 of the parking spaces compact in order to keep our parking numbers at the level of our original submittal. We have also included a stub-out from the parking lot at the northwest comer to the north property line for a possible future access from the AHEC property line. The only change made to the narrative was on page 6 in the "Traffic and Circulation" section. We removed references to 1 entrance and the connection to the north and replaced it with references to 2 entrances. Thank you for your consideration in this matter. If you have any questions or comments, please call me at 582-4234. Sincerely, ' 7Jetre� Thompson, P. E. Project Engineer H2 Engineering, Inc. Planning Commission November 28, 2005 Page 19 R- PZD 05- 1734 for Paradise Point Commissioner Ostner: The next item is R-PZD 05- 1734 for Paradise Point Ms. Morgan read the staff report. This is a detailed Planned Zoning District Master Development Plan, an application requesting approval for not only the zoning for this property, but also the development approval for a large scale development. The property contains approximately 1 .55 acres and is located west of Crossover and south of Joyce Boulevard. The applicant requests a mixed-use development, which will incorporate 12 residential units and 127065 sf. of retail/office space. The retail/office space is located on the first floor of the development as well as one residential unit. There will be 1 l residential units on the second floor. Page 2 on the staff report indicates the permitted and conditional uses as proposed by the applicant. Density on the property currently would allow the development of 24 units per acre; the applicant requests 7.7 units per acre. Setback requirements are a little different than the RMF-24 and C-2 requirements. Fifty-foot front setbacks and three- foot setbacks on the side and rear are proposed. A maximum 35 ft in height and a total building area of 20% is proposed. Access is one of the issues we discussed with this development. Proposed is one access onto Crossover Road and a northern access through the property to the north, through an existing parking lot. At the time of the report, the applicant was coordinating with the property owners to the north for approval for an access easement, which will allow them access onto that property. If those agreements and easements are not obtained by the time building permits are being reviewed, this application would have to come back to the Planning Commission for review to determine whether a single access onto Crossover Road will constitute safe means of access to this development. With regard to tree preservation, there is an existing 23% canopy on the property and the applicant proposes to preserve 13% of that canopy. With the proposal, mitigation would be required by either planting on site or contributing money in lieu. Staff is recommending forwarding this Master Development Plan Planned Zoning District to the City Council for approval with a total of 26 conditions of which are included several determinations, including Planning Commission determination of street improvements. Staff recommends construction of a 6 foot sidewalk along Crossover Road. This portion of Crossover and Hwy 265 is not yet improved and is slated to be improved in the future. Therefore we are not recommending any other improvements than sidewalks at this time. Condition 2 of the Planning Commission determination addresses commercial design standards. The applicant has brought a board representing the proposed elevations as well as a material sample board. Staff finds the proposed elevations are in compliance with commercial design standards. Subdivision committee found in favor of the elevations and support of the modifications of the western facade. Condition 3 regards the determination of safety access discussed. Condition number 5 discusses the approval from any adjoining property owners if grading is proposed 5 feet from the adjoining property line. Typical developments of this nature do not have to address that situation, but as the applicant is proposing to build this structure 3 feet from the property line, it would certainly need to be addressed. In addition to that, there are some offsite easements that will be required. There is an existing easement on the property that Planning Commission November 28, 2005 Page 20 will need to be vacated prior to the issuing of building permits. With regard to signs, the applicant proposes all signs in accordance with ordinances, and staff would request a modification to condition 14, to allow Use Unit 17, Trade and Services, as a permitted use, proposed by the developer. With regard to phasing, they would typically have one year, and after that one year, a one -ear extension on the timing of their permits. The applicant is requesting five years from City Council approval for all issues of permits for this development. They anticipate breaking ground soon. Mr. Jeremy Thompson with H2 Engineering represented the applicant. He stated the location and advised that there are two lots with an irregular shape. The architects worked hard to put together this structure to work with the current dimensions. It's a two story structure proposing office retail space on the bottom floor with one residential unit. The second -story contains residential units only. We are in agreement with staff comments. On condition number two, we would like to give an update. Utility easements are in the process of being acquired to the south and west side of the property. We also have verbal agreement on the transfer of that easement but have not obtained signatures. Also, on the access easement to the north: the plans show access on the east side of the existing building and the property owners are asking us to move it to the west side of their structure. You will notice a parking area on the west side - we are proposing to extend that directly north. This will actually connect perfectly with an existing access off of Joyce Street. That is the direction that casement is going now. If you have any questions, please feel free to ask, and the architect is here and can answer any questions you have on the structure. Commissioner Ostner opened the floor to public comment. There was no public comment. Commissioner Vaught asked staff if this is a Master Development Plan? Mr. Pate states it is also development -related. Building permits can be issued after City Council approval. He also explained the differences to Commissioner Vaught and advised that staff will always explain which type of application is before the Planning Commission. Commissioner Vaught noted the differences on the last PZD verses this one. Commissioner Anthes stated she has two questions. The first is directed to Mr. Kit Williams. Use Unit 17 is requested as a permitted use; is it more appropriate as a conditional use within this zone? Mr. Williams stated he didn't believe it was required to use all the use units that the applicant requests. You can use your own judgement on that, just like the City Council can. You can also make some permitted or conditional; just like our normal zoning districts do. I don't think you are bound to what they are requesting, even though staff is recommending it now and not intentionally leaving it out. Planning Commission November 28, 2005 Page 21 Mr. Pate stated that is correct and the biggest reason for that is often times on Unit Use 17 there are higher intensity uses and one doesn't know the development pattern that will occur. But in this development, we do know where everything is going. There is no question on what is going to be built, we know the footprints, parking space, etc. Commissioner Anthes asked that if the building configuration would not lend itself to the other uses anyway, then you are not concerned? Mr. Pate stated that is correct. Commissioner Anthes stated another issue she would like to discuss is the condition of approval for phasing. That is the required permits of the 5 years being requested. She states she doesn't see any circumstances for this approval. This development is actually smaller than a lot of large scale developments. She would be more inclined to follow the same pattern on this issue, and revise that to a one year approval. Commissioner Vaught stated that he would like to ask the applicant why they requested the 5 year extension. Mr. Thompson stated that the owner's intent is to after approval start construction of this project. In the new PZD process, we are allowed to develop a time frame, and to provide the owner with a little extra time, we proposed 5 years. He states he would be willing to back down to 2 to 3 years, since it is allowed in the new PZD and there is some consideration on the Planning Commission's part. Commission Anthes asked Mr. Thompson how this development is any different than any of the other developments or plans coming through under a year? Mr. Thompson stated that he didn't think that the development was any different than the others but refers to Jeremy Pate on the new PZD that allows the time frame. Since it is allowed, we proposed that. Commissioner Clark stated that it is odd that it is one phase, one building and it will take 5 years to build it. Commissioner Trumbo motioned to amend the time requested to 2 years. Commissioner Myers seconded the motion. Commissioner Ostner stated the motion is to amend condition number 17 to read 2 years to gain their required permits. He asked if there were further discussion on this. There were no more further comments. Planning Commission November 28, 2005 Page 22 Roll was called, and the amendment to condition number 17 was approved by a vote of 8-1-0 with Commissioner Anthes opposing. Commissioner Clark motioned to forward R-PZD 05-1734 to the City Council with stated conditions, as amended. Commissioner Myers seconded the motion. Mr. Pate mentioned that the stub out access shown on the east side on the plat and to be aware of the discussion to move it to the west side. Commissioner Ostner asked if there was any further discussion. Roll Call: Upon the completion of roll call the motion to recommend approval of R-PZD 05- 1734 to the City Council was approved by a vote of 9-0-0. The.- \\Jz' IO5 PAkUL 24152H -O JOT ilnsr flOPQ16. 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' 1 . .. \ wo1RILk . - 1•'� \ 'os ` 1 \ i - YW W5E 'a PROPOSED ACCESS FOR PARADISE POINT R-PZD 1�? r. ,r �': t �'� ACCESS #1 / / : " + ' ACCESS #2/7' ✓H [, t 100 50 0 100,Ft f 5 / ' .. 1 1 3l61=:1• RPZD05-1734 PARADISE POINT One Mile View __ -__• : -, RSJ flSFi -•ZIpi 1 N Rn R.A'\ LI —'.. _--". __. .. OO J RR -0: , / .. ).� y ONR � RAE -21 61 _. -_ Mv R# •4 T RAF31� Ra RIF-2l C 1 I RAF -2d r I. - RAF -2d / �i �_ l gAi-xd \ # RSFi R# x R-0 / /`.R RSFi : ' 1 1 1 v16 RSki ..-j i '6'S}-1 _:ii *RSFJ R -A RAff, d /Im Q 9 .cis I}AF�2d ! ii Ra •' RN Zal__� Z - •"littVAiE7999g0.-- G2 x oI SUBJECT PROPERTY ' r u raD Y•RSFd YRO.� 1 _. �xOYCE9WP• .l z ftAt ..._ \ c4u � { �a •_ aAF xd I' _. _.. PRIVATE 'r . : R-0 - R-0 OP __.—.. tea,. - ''. '-z" R-0 I R# FARG�O . _.. 1'G.MO RAF -26 2< R� a �r Rd Try/1'1, .. I/� R# _.___. _- :RM1F 20 R# . .- . `iyl\ FAF 2d % v . (.- JF\ R#..... _. RT-12- �:C- '�• ss�4 Rr.2a.✓ - VICLINESL ,IWRIFI RI -12 OR -�- e i � RSFi ff fi -RAF32A I. ; (e RSF-d RlFd 1..i. 'j _ 3 .�_'I RIF1d: t r - RRFi -12 0.-A RT-12 MA ES>•ER lii ! WNEAVE RSPJ E4UNE_AV .._. _.-.-_.._..___ I BR! _1 E A R w RSFi �- iR3I�'# K � J A w\ yy��}� i RSFi `--�- L - �[ 1 R 'i �' �" J / RON _. RRIVAIET 2 `�J R yam- r r _R i_) 1�9bly RSFi f\F R# ------1��"q"C 9A RYy HIRMANST 4- HSFi Rai I I VZ _� Y pY5 RSFi �+ i C' sF r -�_ r I R 11r 1 x RGLO Rd - R# -O.W\ Rfl5Fi HSF.4 % i x li 1.- -_ SFi xRi iL' RSFJ 2 I OSx1UFIIN RO 1 OL ;('_%� JtiF� RSJ •e RO T_ h : R; is _ Overview Legend Boundary Subject Property - _ � � ..e Planning Area RPZD0S-1734 a0000 Overlay District 000000 Outsae City Legend 00126.25 0.5 0.75 1 iles PARADISE POINT MASTER DEVELOPMENT PLAN (R-PZD 05-1734) cK' ENGINEERING, INC. Owner / Applicant: Paradise Point, LLC 3900 Front St. Fayetteville, AR 72703 Representative: H2 Engineering 2758 Millennium Dr. Fayetteville, AR 72703 Summary Paradise Point is a PZD located in east Fayetteville on Highway 265 just south of the intersection of Highway 265 and Joyce Boulevard. We are proposing a 2 - story building with 12,065 SF of office / retail space and one 2bd/2ba residential unit on the first floor and 11 - 2bd/2ba residential units on the second floor. The building footprint will be 13,445 S.F., not including balconies or overhangs. With balconies included, the second floor will be 14,744 S.F. The property is cun-ently zoned RMF-24, with R -O zoning to the north and RMF-24 to the south. We feel that the proposed PZD is a perfect fit between these two zonings. General Project Concept • Street and Lot Layout — This PZD is a single building with parking as required by the Unified Development Code. • Site Plan - See Master Development Plan Sheet • Buffer Areas — There is a landscape buffer to the north of the property to serve as a buffer between our project and the existing building to the north. The buffer is 12 wide with trees located every 30'. • Tree Preservation Areas — There are no existing large groupings of trees on the site that would serve as one large tree preservation area. However, great care has been taken to preserve as many existing trees as possible. Four additional trees will be planted in the detention pond to serve as mitigation for the trees that are disturbed by the development. • Storm Water Detention Areas and Drainage — Drainage flows onto the site from the northwest. This water will be diverted into a storm pipe and directed to the south end of the site and into a detention pond. This detention pond will serve to detain the water coming onto the site and the water generated on site. Strom water also travels along the east side of the property in an existing ditch along Highway 265. The only disturbance to this ditch will be to pipe it under the entrance drive which will not significantly impact the storm drainage along Highway 265. • Undisturbed Natural Areas — There are a few small undisturbed areas around the perimeter of the site. These areas have been left undisturbed in order to prevent the disturbance of existing trees. • Existing and Proposed Utility Connections and Extensions — An 8" sanitary sewer line is located to the west and an 8" water line is located on site on the west side of the property. We propose connecting to each of these for service. • Development and Architectural Design Standards — The building on this project is designed to project the feel and climate of a small town urban setting similar to Dickson Street, rooted in images of the French Quarter in New Orleans. • Building Elevations —Building Elevations are attached. 2 Proposed Development Phasing and Time Frame This project consists of 1 phase. This zoning approval is intended to allow construction anytime within 2 years of approval. However, construction is anticipated to occur from January, 2006 - May, 2006. Proposed Planning Areas with Proposed Zoning and Development Standards This project has only 1 planning area. The project will consist of a single 2 -story building with office / retail space and 1 residential unit on the first floor and residential units only on the second floor. Permitted uses will be City-wide Uses by right (Use Unit 1), government facilities (Use Unit 5), offices, studios, and related services (Use Unit 12), neighborhood shopping goods (Use Unit 15), shopping goods (Use Unit 16), trades and services (Use Unit 17), home occupations (Use Unit 24), professional offices (Use Unit 25), and mufti -family dwellings (Use Unit 26). Conditional uses will be City-wide Uses by conditional use (Use Unit 2), eating places (Use Unit 13), and wireless communication facilities (Use Unit 36). The residential unit density will be 7.8 units or less per acre. The office/retail space will be 12,065 SF or less. Front setbacks will be a minimum of 50 feet, side and rear setbacks will be a minimum of 3 feet. Height restrictions in this project are set at 35 feet. Materials proposed for the building are brick, hardi-board siding, metal roofing, and wrought iron railings. Analysis of the Site Characteristics No environmentally hazardous, sensitive, or natural resource areas have been found on this site. Reason for Zoning Change Request A request for a zoning change is being made on this piece of property because the property is difficult to develop under the current RMF-24 Zoning. This property is a combination of two parcels which have been combined to form an irregular shaped lot. The architect has designed the building in a way which works well with the irregular lot shape. We also feel that the proposed mixed use nicely transitions from R -O and RMF-24 of the adjacent properties while conforming to the well landscaped and sufficiently articulated buildings in surrounding developments. Comparison of the Proposed Master Development Plan to the Current Zoning District Requirements Current Zoning (RMF-24) Requirements Proposed Zoning (R-PZD) Requirements Description Use Unit 1 - City-wide Uses by right Use Unit 1 - City -vide Uses by right Use Unit 8 - Single-family dwellings Use Unit 5 - Government Facilities Use Unit 9 -Two-family dwellings Use Unit 12 - Offices, studios, etc. Use Unit 10 - Three-family dwellings Use Unit 15 - Neighborhood shopping Permitted owed Use Units All Use Unit 26 - Multi -family dwellings Use Unit 16 - Shopping goods Use Unit 17- Trades and Services Use Unit 24 - Home occupation Use Unit 25 - Professional offices Use Unit 26 - Multi -family dwellings Use Unit 2- City-wide uses by cond. Use permit Use Unit 2- City-wide uses by sand. use permit Use Unit 3 -Public protection and utility fac. Use Unit 13- Eating places Use Unit 4 -Cultural and recreational facilities Use Unit 36 - Wireless comm. facilities Conditional Usses Use Unit 11- Manufactured home park Use Unit 24 - Home occupation Use Unit 25 - Professional offices Use Unit 36 - wireless comm. facilities Current Zoning (RMF-24) Requirements Proposed Zoning (R-PZD) Requirements Description Front Setback 25 Ft. 50 Ft. Side Setbacks 8 Ft. 3 Ft. Rear Setbacks 25 Ft. 3 Ft. Maximum Height 20 Ft. 35 Ft. Density - Units per Acre 4 to 24 7.8 (max) Lot Area Minimum Prof. Offices) 1 Acres 1.55 Acres Lot Width Minimum Prof. Offices) 100 Ft. 40 Ft. Land Area per Dwelling Unit (2 BR) 2,000 SF n 5,625 SF(mm) Site Coverage (% covered by bldg) NIA 19.9% Note: The existing zoning of this property is RMF-24. Recreational Facilities Sweetbriar Park is located '/z mile southwest of the project. Routh Park and Rocky Branch Park are both located approximately 1 mile south of the project. No recreational Facilities are planned on this site. m Relationship to the Existing and Adjacent Land Uses The property is bounded on the north and across Highway 265 to the east by R- 0 zoning and to the south and west by RMF-24 zoning. This PZD is the perfect transition between these zonings, allowing both office space and residential units. The property to the north is currently used as office space and the property to the west is a golf course development. The property to the south and to the east, across Highway 265, are currently undeveloped. Compliance with Fayetteville General Plan 2020 This development does comply with the Fayetteville General Plan 2020. Traffic Study No traffic study has yet been required for this project and we do not anticipate one being required, due to the small amount of impact this project will have on Highway 265 to the east. Impacts on City Services There are no significant impacts to city services associated with this project. Statement of Commitments Dedication and On or Off -site Improvements An additional 15' of Right -of -Way is being dedicated on Highway 265, going from a 40' Right -of -Way from centerline to a 55' Right -of -Way from Centerline. This accommodates a 110' Right -of -Way on Highway 265, as required for Principal Arterials. Natural Resources and Environmental Sensitive Areas There are no known natural resources or environmentally sensitive areas on this site. Project Phasing Restrictions The phases and estimated completion dates have been established as presented previously herein the master plan for the project. As phasing has been identified, described and approved as part of the PZD master development plan, process phasing may vary from the requirements of Chapter 166 of the UDC with regard to expiration of permits and plans. Fire Protection Paradise Point will be served by the Fayetteville Fire Department. Station 4 is located less than 2.5 miles away from Paradise Point. A new Fire Station is proposed at Routh Park 1 mile to the south of Paradise Point on Highway 265. Other Commitments Imposed by the City There are currently no other commitments imposed by the City. Parks, Trails and Open Space Commitments Tree preservation and protection will be implemented in accordance with the City of Fayetteville code of Ordinances Title XV Unified Development Code: Chapter 167 Tree Preservation & Protection. Landscaping within Paradise Point will be designed in accordance to the City of Fayetteville Landscape Manual which sets forth the standards and specifications for Tree Preservation, Protection and Landscaping. Building Elevations Building Elevations are attached. Development Standards, Conditions and Review Guidelines Screening and Landscaping The screening and landscaping will be provided as set forth in Section 166.09 Buffer'Strips and Screening. Traffic and Circulation Design of the traffic and circulation on the project will be in accordance with Section 166 of the Unified Development Code. Two entrances are proposed along Highway 265, approximately 200 feet apart. Parking Standards The parking lot will be designed and constructed in accordance with the standards found in Section 172 of the Unified Development Code. Perimeter Treatment No perimeter treatment is planned. Sidewalks Sidewalks will be designed and constructed in accordance with the Master Street Plan and Section 171 of the Unified Development Code. Street Lights Street lights will be designed and constructed in accordance with the Unified Development Code. Water Water lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8" water line is located to on site which we propose to connect to. Sewer Sewer lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. An 8" sanitary sewer line is located to the west of the property along the golf course which we propose to connect to. Streets and Drainage Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the Master Street Plan. Tree Preservation Tree preservation and protection will be implemented in accordance with Section 167 of the Unified Development Code. Commercial Design Standards A portion of the structure proposed for this project will house office or commercial space. Therefore, the structure will comply with the commercial design standards as set forth in Section 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. Signage All signage on the project shall be permitted in accordance with R -O district criteria as set forth by Chapter 174 of the Unified Development Code. A monument sign is planned at the entrance on Highway 265 and individual office signs are planned for the office units. View Protection There is a landscape buffer to the north of the property to serve as a buffer between our project and the existing building to the north. Revocations The developer understands causes for revocation and will take all measures necessary to avoid revocation. Covenants, Trusts, and Homeowner Associations There are no covenants, trusts or Homeowner Associations associated with this project. 7 POINT 'MENT PLAN %I I/ ///Y(/ rsj L.4 rr.II$ F,,, _ GENERAL PROVISIONS AUTHORITY THIS PZD MASTER DEVELOPMENT PLAN IS AUTHORIZED BY SECTIONS 161 AND 166 - PLANNED ZONING DISTRICTS OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE. THE PROVISIONS OF THIS PZD MASTER DEVELOPMENT PLAN SHALL RUN WITH THE LAND. THE LANDOWNERS. THEIR SUCCESSORS, HEIRS, OR ASSIGNS SHALL BE BOUND BY THIS MASTER DEVELOPMENT PLAN, AS AMENDED AND APPROVED BY THE CITY COUNCIL. a;9e7aP. THE ADOPTION OF THIS PZD MASTER DEVELOPMENT PLAN SHALL EVIDENCE THE FINDINGS AND DECISION OF THE FAYETTEVILLE CITY COUNCIL THAT THIS PLANNED ZONING DISTRICT FOR PARADISE POINT IS IN GENERAL CONFORMITY WITH THE FAYETTEVILLE GENERAL PLAN 2020: IS AUTHORIZED BY THE PROVISIONS OF SECTIONS 161 AND 166 OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE. / I THE PROVISIONS OF THIS PZD MASTER DEVELOPMENT PLAN SHALL PREVAIL AND GOVERN THE DEVELOPMENT I/I OF PARADISE POINT. PROVIDED, HOWEVER. THAT WHERE THE PROVISIONS OF THIS MASTER DEVELOPMENT PLAN DO NOT ADDRESS A PARTICULAR SUBJECT, THE RELEVANT PROVISIONS OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE, AS AMENDED, OR ANY OTHER APPLICABLE RESOLUTIONS OR REGULATIONS OF THE CITY OF FAYETTEVILLE. SHALL BE APPLICABLE. ENFORCEMENT / TO FURTHER THE MUTUAL INTEREST OF THE RESIDENTS. OCCUPANTS. AND OWNERS OF THE PZD MASTER DEVELOPMENT PLAN AND OF THE PUBLIC IN THE PRESERVATION OF THE INTEGRITY OF THE PLAN, THE PROVISIONS OF THIS PLAN RELATING TO THE USE OF LAND. STATEMENT OF COMMITMENTS, DEVELOPMENT AND ARCHITECTURAL STANDARDS, AND THE LOCATION OF COMMON OPEN SPACE SHALL RUN IN FAVOR OF THE CITY OF FAYETTEVILLE AND SHALL BE ENFORCEABLE AT LAW OR IN EQUITY BY THE CITY WITHOUT LIMITATION ON ANY POWER OR REGULATION OTHERWISE GRANTED BY LAW. CONFLICT WHERE THERE IS MORE THAN ONE PROVISION WITHIN THE PZD MASTER DEVELOPMENT PLAN THAT COVERS THE SAME SUBJECT MATTER, THE PROVISION WHICH IS MOST RESTRICTIVE OR IMPOSES HIGHER STANDARDS OR REQUIREMENTS SHALL GOVERN UNLESS DETERMINED OTHERWISE BY THE ZONING AND DEVELOPMENT ADMINISTRATOR. MAXIMUM LEVEL OF DEVELOPMENT THE TOTAL NOISIER OF DWELLINGS OR THE TOTAL COMMERCIAL. BUSINESS, OR INDUSTRIAL INTENSITY APPROVED FOR DEVELOPMENT WITHIN THE PLANNING AREAS IS THE MAXIMUM DEVELOPMENT REQUESTED FOR PLATTING OR CONSTRUCTION. THE ACTUAL NLMBER OF DWELLINGS OR LEVEL OF DEVELOPMENT FOR COMMERCIAL, BUSINESS, OR INDUSTRIAL PROPERTIES MAY BE LESS DUE TO SUBDIVISION OR SITE IMPROVEMENT PLAN REQUIREMENTS OR OTHER REQUIREMENTS OF THE CITY COUNCIL. • PROJECT TRACKING / 7 _ D D / /// V Iv AT THE TIME OF SUBDIVISION FINAL PLAT OR LARGE SCALE DEVELOPMENT THE APPLICANT SHALL PROVIDE A SUMMARY OF THE DEVELOPMENT. TO DATE, TO THE PLANNING DIVISION, IN ORDER TO ASSURE MAXIMUM DEVELOPMENT LIMITS ARE NOT EXCEEDED. OWNER: PARADISE POINT. LLC 3900 FRONT ST. FAYETTEVILLE, AR 72703 ENGINEER / REPRESENTATIVE: HZ ENGINEERING. INC. 2758 MILLENNIUM DR. SUITE Al FAYETTEVILLE, AR 72703 GRAPHIC SCALE a a I? a o m (mlr) 1 lash = 00 R •••Putaeryga OF AU5.,. a••••p��b�j !7 w= Che*dbr Dm . PMM Horizontal Scale: P-30 Vatl(al Smle:IVa use: 06OCT05 W NOV05 - TECH PUT (ENSONS 21NOW5 - SUBO. COM, 1ENSIONS O1 BEC05 - PLW NNG. DOH. IEVNONS 13FEBDO -2 ENNWA;ES CitY Ptoe(t Nlanhe: W Pape: 177 O — < q � � q rvwl 7 PAGE PAGES 1 2 H2 PROJECT NUMBER; OS-OMS cH' ENGINEERING, INC 2766 MILLENNIUM DRIVE Suito I FAYET'TEVILLE. ARIW4SAS 72703 PHONE: (479)502-4234 FAX: (479) 582-9254 I PALRADIS. PERMITTED USES UNIT DESCRIPTION UNIT I CflY-WIDC USES BY RIGHT UNIT 5 GOVERNMENT FACILITIES. NR 12 OFFICES, STUDIOS AND RELATED SERVICES UNIT 15 NEIGHBORHOOD SHOPPING GOODS UNIT 16 SHOPPING GOODS UNIT 17 AND SERVICES I UNIT 24 HOME OCCUPATIONS UNIT 25 PROFESSIONAL OFFICES UNIT 26 MULTI -FAMILY DWEWNGS CONDDOMAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT UNIT 13 EATING PEACES I NIT 36 WIRELESS COMMUNICATIONS FACILITIES LAND USE DENSITY / INTENSITY TOTAL SITE AREA: 1.55 ACRES TOTAL NUMBER OF RESIDENTIAL UNITS: 12 RESIDENTIAL: 7.8 UNITS / ACRE (MAX.) OFFICE: 12.065 S.F. AREA REGULATIONS: LOT WIDTH MINIMUM: 40 FT LOT AREA MINIMUM: 1.55 ACRES LAND AREA PER DWELLING: M/N. 0.12 ACRES / DWELLING SETBACK REQUIREMENTS FRONT: 50 FT SIDE: 3 FT REAR: 3 FT HEIGHT 35 FT MAX. HEIGHT BUILDING AREA 19.9% OF SITE LANDSCAPING TREES REQUIRED TO BE PLANTED ON 30 FT CENTERS ALONG STREET RIGHT OF WAY. I TREE REQUIRED PER ISLAND IN PARKING LOT. PARKING FIRST FLOOR (RETAIL): /2.065 S.F. '49 SPACES (/ SPACE/250 S.F.) 1,380 S.F. _ I - Z BEDROOMIUNIT = 2 SPACES (2 SPACES/UNIT) Lv SECOND FLOOR (RESIDENT/AU: 14744 S.F. (INCLUDING BALCONIES) _ -i II - 2 BEDROOM UNITS = 22 SPACES (2 SPACES/UNIT) TOTAL SPACES REQUIRED: 73 SPACES MINIMUM NUMBER OF SPACES ALLOWED: 52 SPACES MAXIMUM NUMBER OF SPACES ALLOWED: 95 SPACES TOTAL SPACES PROVIDED: 55 SPACES (19 COMPACT), HANDICAP PARKING REQUIRED: 3 SPACES HANDICAP PARKING PROVIDED: 3 SPACES LAND USE TABLE s OF SYMBOL LAND USE DENSITY ENWTS ACRES BUILDING SPACE RES RESIDENTAL 7.B 12 1.55 55X (TOTAL) OFF OFFICE SPACE N/A 12,065 45V S.F. I LEGEND FOUND IRON PIN gggo V SET IRON PN ARE HYDRANT ® SANITARY SEMER MANHOLE — — — — V— WATER UNE g — — SS— — SS— SANTARY SEYRR LDNE —yc --x —yc —x — EILISW FENCE SA EASEYENI 11NE �� � �- -------- sg EJOSRINi CONfOIIR MASTER DEVEL _7' -.-------- 1 - / EAflENT TO -1� \ `� BE ATTAM \\� (PF1mm) \ 1 � , LEGAL DESCRIPTION: 1 �• j LOTS / AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23. CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT I THENCE N 02°2536E 184.24 FEET: THENCE S 88°07'29t 10.49 FEET; THENCE N 02°II58'E 4.23 FEET: THENCE S 87°3829E 55.34 FEET: THENCE $ 23°38'06E 99.87 FEET. THENCE $ 86°00'07'E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY 265; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES: THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT RADIUS AND A S /0°53031134.55 FOOT CHORD; THENCE S 15°14'011122.74 FEET; THENCE 45.11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT RADIUS AND A S 13°38'43145.10 FOOT CHORD; THENCE LEAVING SAID WEST RIGHT-OF-WAY N 86°3320140.99 FEET; THENCE N 28°47511234.05 FEET; THENCE N 85°55231139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1.55 ACRES, MORE OR LESS. October 6, 1DB-YR. W._ LEGEND 6 . i]IY.J I I _iI;th ..rL,:ul: '1 i1j!j' -�fJ - eli :.'i'C: i:s p 1 r ©un GRAPHIC SCALE m o a m o Ia ( I■EET) I h.ab 3D R a a m mi;[f£lfE�rit E!S}�aawg�♦aaC��S t=7 f>14SR7�a%1p',: Ia fl a ll -- flrrfrrtrr ICa CITY OF FAYETTEVILLE STANDARD NOTES FOR TREE AND NATURAL AREA PROTECTION 1. ALL TREES AND NATIFAL AREAS SHOWN ON THIS PLAN TO BE PRESERVED SHALL BE C. WHERE TREES ARE CLOSE TO PROPOSED 9WLDINGS ERECT THE FENCE TO ALLOW 6 TO 10 PROTECTED DIMING CONSTRUCTION WITH TEMPORARY FENCING. FEET OF WORK SPACE BETWEEN THE FENCE AND THE BOLDING. D. WHERE THERE ARE SEVERE SPACE CONSTRAINTS DUE TO TRACT SIZE, OR OTHER SPECIAL 2. PROTECTIVE FENCES SHALL BE ERECTED ACCORDING TO CITY OF FAYETTEVILLE REQUIREMENTS. STANDARDS FOR TREE PROTECTION. 7.. WHERE ANY OF THE ABOVE EXCEPTIONS RESULT IN A FENCE BEING CLOSER THEN 4 FEET TO A 3. PROTECTIVE FENCES SHALL BE INSTALLED PRIOR TO THE START OF ANY SITE TREE TRWK, PROTECT THE TRIMK WITH STRAPPED ON PANIUNG TO A HEIGHT OF 8 FEET (OR PREPARATION WORK AND SHALL BE MAINTAINED THROUGHOUT ALL PHASES OF THE LIMITS OF LOWER BRANCHING) IN ADDITION TO THE REDUCED FENCING PROVIDED. CONSTRUCTION PROJECT. B. TREES APPROVEO FOR REMOVAL SMALL BE REMOVED IN A MANNER, IThICH DOES NOT IMPACT 4. EROSION AND SEDIMENTATION CONTROL BARRIERS SHALL BE INSTALLED OR MAINTAINED TREES TO BE PRESERVED. IN A MANNER WHICH DOES NOT RE< IN SOIL BUILDUP WITHIN TREE DRIPJNES. 5. PROTECTIVE FENCES SHALL SURROUND THE TREES OR GROW OF TREES, AND WILL BE LOCATED AT THE D RIPLINE, FOR NATURAL AREAS PROTECTIVE FENCES SHALL FOLLOW THE LIMIT OF CONSTRUCTION LINE, IN ORDER TO PREVENT THE FOLLOWING: A SOUL COMPACTION IN THE ROOT ZONE AREA RESULTING FROM VEHICULAR TRAFFIC OR STORAGE OF EQUIPIENT. B. ROOT ZONE WSTUIDANCES Ott TO GRADE CHANGES (GREATER THAN 6') OR TRENCHING NOT REVIEWED BY CITY ARBORIST. C. WOUNDS TO EXPOSED ROOTS TRW( OR LIMBS BY MECHANICAL EQUIPMENT. D. OTHER ACTIVITIES DETRIMENTAL TO TREES SUCH AS CHEMICAL STORAGE. CEMENT TRUCK CLEANING, a FIRES. 6, EXCEPTIONS TO INSTALLING FENCES AT TREE DRIPLIES MAY BE PERMITTED IN THE FOLLOWING CASES: A WHERE THERE IS TO BE AN APPROVED GRADE CHANGE. IMPERMEABLE PAVING SURFACE, TREE WELL, OR OTHER SUCH SITE DEVELOPMENT. B. WHERE PERMEABLE PAVING IS TO BE INSTALLED WITHIN A TREE DRIPLINE ERECT THE FENCE AT THE OUTER LIMITS OF THE PERMEABLE PAVING AREA (PRIOR TO SITE GRADING SO THAT THIS AREA IS GRADED SEPARATELY PRIOR TO PAYING INSTALLATION TO MINIMIZE ROOT DAMAGE). 9. MY ROOTS EXPOSED BY CONSTRUCTION ACTIVITY SMALL BE PRIMED FLUSH WITH THE SOIL. BACKFILL ROOT AREAS WITH GOOD QUALITY TOP SOIL AS SOON AS POSSIBLE. IF EXPOSED ROOT AREAS AREA NOT BACKFILLEO WITHIN 2 DAYS, COVER THEM WITH ORGANIC MATERIAL IN A MANNER WHICH REDUCES SOIL TEMPERATUE AND MINIMIZES WATER LOSS DL.E TO EVAPORATION. 10. ANY TRENCHING REQUIRED FOR THE INSTALLATION OF LANDSCAPE IRRIGATION SMALL BE PLACED AS FAR FROM EXISTING TREE TRUN( AS POSSIBLE. II. NO LANDSCAPE TOPSOIL DRESSING GREATER THAN 4 INCHES SHALL BE PERMITTED WITHIN THE ORIPLINE OF TREES. NO SOIL IS PERMITTED ON THE ROOT FLARE OF MY TREE. It. PRUNING TO PROVIDE CLEARANCE FOR STRIUCTLWES, VEHICULAR TRAFFIC, AND EOUPMENT SHALL TAKE PLACE BEFORE CONSTRUCTION BEGINS. IS. ALL FINISHED MINING MIST BE DONE ACCORDING TO RECOGNIZED. APPROVED STANDARDS OF THE INDUSTRY (REFERENCE THE NATIONAL ARSORIST ASSOCIATION MINING STANDARDS FOR SHADE TREES AVAILABLE LPON REOIEST FROM THE CITY ARBORIST). 14. DEVIATIONS FROM THE ABOVE NOTES MAY BE CONSIDERED ORDINANCE VIOLATIONS IF THERE IS SUBSTANTIAL NON-COMPLIANCE OR IF A TREE SUSTAINS DAMAGE AS A RESLLT. rENGINEERIN OF 4U7 G No. 1105 vp� t FA.A4ASSAS EN," RI q Ni H DI I 2 cH' ENOINEERINO. INC. 2758 MILLENNIUM DRIVE Suite I FAYETTEVILLE. ARKANSAS 72703 PHONE: (479) 582-4234 FAX: (479) 502-9254 i\\ 1 i i \ i 1 '1 \ N. J ma COVAK OnA1A M WC LLPOlfT 00. .`7e iot a M 72/44 N 0 t t5Rt Pic. !L NOMM�ib / } y 1. 440561211] 7LFI27AA-000 OM2J raYS02 IIYQY 2 maul y 1 ilx 'San i6w: W ;.,ji!I.1'Lii. u' fr rE > II 11 n `J l ] u •11 NN6 2116n , .nIa. UC MI A2RAt6M Ian! UN=IT C . ATII6 06 JAILS 30016 P.O. m2 Ia® I�7a6fl412, M 72702 .�J MOOS u111m 6iw Y ate. 44116 M. JA163 IO66 •-. i7i, P.O. mJ Ii! �� YP: 7AYEIRV6{2, M 72702 , mm1o, J -o �� ;�. \ L BUFFER BEGINNING AT THE SCOTHMEST COINER OF SAID THENCE N 0225361 184.24 FEET; THENCE 9 8897191 10.49 FEET; THENCE N 0711'591 4.23 FEET; THENCE S 8778'291 55.54 FEET; THENCE S 23'38'081 99.87 FEET; NBC $ W07E 248.30 FEET TO 111E VS ARKANSAS (NORWAY 2651 THENCE ALONG SAID NEST GIT-OF-WAY THE C0uR5ES: THENCE 134.67 FEET ALONG A CURVE 10 THE 914.93 FOOT RADIUS AND A $ IO53'03'W 134. THENCE S 1514801NW 122.74 FEET; THENCE 45.11 FEET ALONG A CURVE TO THE LE FOOT RADIUS AND A S 1339'43'= 45610 FOOT THENCE LEAYOIG SAID BEST MIGHT -CAF -WAY N FEET; THENCE N 28'47'561= 234.05 FEET; THENCE N &555'23= 139.87 FEET TO THE PW CONTAINING 1.55 AS, MORE ON LESS. i THIS PROPERTY IS NOT BITHQ A SPECIAL flJYX BY THE NATIONAL ROOD INSURANCE PROGRAM MAPS FOR WASWIGTON COUNTY, ARKANSAS Mi EFFECTIVE DATE at 21, 1999. J lE'iNt NOTE ft THE AREA OF IRIS PROPOSED ADDINON IS NOT ANY KNOW DESIGNATED WETAIIDS. _S/ems f I, vV 4p J/r (Tt / 7� 1. I -� PAR= 744-l27M.O04 r a`t0` AU �-24 It \ LBE ATTAINED 1 (PENDING) FAxi (479) 582-9254 / ZQOIG CUILW: Riff -24 b'L 1'\' PROPOSD: R—PZ0 >_\\ PARKING SPAM REBORED: "-.. FRST RDOR (RETAd}. \ i . A s 1,380 SF. = 1 — 2 BETR ROM UNIT - 2 SPACES (2 SPACESIUNIT) 12,065 SF. = 49 SPACES (1 SPACE/250 SF.) \ 1. SECOND FLOOR (ESDQITIAL) i.-'..\� 14,744 S.F. (INCLUDING BALCONIES) _ \ \ Ap 11 — 2 BEDROOM UNITS = 22 SPACES (2 SPACES/UNIT) / -,g'.\ TOTAL SPACES REQUI8D: 73 SPACES , "`� 7F MINK UM NUMBER OF SPACES ALLOWED: 52 SPACES r ` .. ' \ tl MA)Wd M NUMBER OF SPACES ALLOMEk 95 SPACES 'L TOTAL SPACES PROVIDED: 55 SPAS (19 COMPACT) HANDICAP PARKING REWAIET 3 SPACES yOo-Y�, W,5E' HANDICAP PAED: RKING PROVID3 SPACES. `, t `1 Ede tl4EZ �L N \ 1. CONTRACTOR SHALL MULCH AROUND TREES AND !THIN L FINE ALARM AND DEFECTION SYSTEM STALL BE \ \ Pa 7O-IJZM�W LLL LANDS ®S INSTALLED IN THE PROPOSED BUIDON \ L oa Nua* 2. ALL LANDSCAPING 9ULL HAW AN U GA11ON SYSTEM 2. A WIOX BOX STALL E INSTALLED CN TIE BUL BE 1 MnoC',n Inv INSTALLED. 1 ALL D SlU1G UTILITIES LESS THAN 12(W 91111E m161m..les-7� $ g 3. METAL FIXING SHALL E INSTALLED AROUND LANDSCAPED LOCATED IANDER(ROUND. ANY NEW UTILITY STALL BE ,1 AREAS PLACED UNDERGROUND. 4. ALL TREES RILL BE ROOT PRUNED AND LIMED UP fl 5. SPRINKLER SYSE11 SHALL BE REQUIRED IN THE 4_ -1c- H ANY DISNRBANCE OCCURS ON THE Sit.PROPOSD BURNING. 5. SOILS STALL E AMENDED AND SOD REMOVED. /I 7 From: Clarice Pearman To: Pate, Jeremy Date: 3.24.06 5:39PM Subject: Ords. 4846, 4847, 4848 Jeremy, Attached are the ordinance passed by City Council March 21, 2006. Thanks. Clarice 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: 24s1k4 was inserted in the regular editions on PO# ** Publication Charge: $ 137- OF Subscribed and sworn to of me 2006. Notary Public arene D. Williams Notary Public State of Arkansas My Commission Expjommission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED MAR 3120% CITY OF Fi4YE-TrEVILLE CITY CLERK'S OFFICE AN THE APPROVED RES- i DISTRICT TITLED R- INT LOCATED WEST JOYCE BOULEVARD, _Y 1.55 ACRES. ryev IT ORDAINED BY THE CITY COUNCIL THE CITY OF FAYETTEVILLE, ARKANSAS, Section 1: That condition of approval 03 of the original R-PZD shall be deleted and the following can dition is adopted in its stead: , Two curb cuts shall bepermittedthe Crossover aas shown on the submitted site plan, a future to approval by AHhNn In ejection, the developer shall thenconstruct a driveway gtthe eastern connection More cross -access iced from the subject November to the C05h tan property line utilizing ort theNicesse a en as sunt shall for reviw at esite pember 28. extending Planning Commission meeting. nrtnorthern access eons. mast shall sbe shown ton the plan, ditee pri r from the right-of-way fhe to the northern property litre. This cant shaasemeny shallbetdhercontlprey to issuance appvfthe-PZDbuilding 1734. Furthermore, the applicant shall comply with all other conditions of the approved R-PZD OS -1734. Section 2: That the official zoning map of the City of Fayetteville. Arkansas Is hereby amended jo reflect the zoning change provided O Section 1' above.. PASSED and APPROVED this 21st day of March, 2006. APPROVED : ATTEST: By:DAN GOODY, Mayor SONORA SSMITH, City CIS EXHIBIT'A' R-PZD 05-1734 LOTS 1 AND 2 OF FINAL PLAT OF SEXTONPOINT,PART PLAT YRECORD ECITY OF FAYETTEYILL4 WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY DESCRIBED AS FOLLOWS: � THE SOUTHWEST CORNER OF SAID LOT 1, THENCE N02.25'36E 184.24 FELT; 29'2 10.49 FEET, THENCE N021158'E 4.23 FEET; THENCE S87'3829 -E 55.34 i23'38'08'E 99.87 FEET; THENCE S86'00'0TE 248.30 FEET TO THE WEST RIGHT. 212 NORTH EAST AVENUE • P.O. BOX 1607 • ACRES.