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HomeMy WebLinkAboutOrdinance 5050 lnil uifiNiNillill Recorded : oe 270%20000et 11a10R10 AM Fee Amt : $25 . 00 Page 1 of 3 Washington County . AR Bette Stamoe Circuit Clerk F11e2007-00032799 ORDINANCE NO. 5050 AN ORDINANCE APPROVING VAC 07-2638 SUBMITTED BY PETER (TRIPP) AND BRANDY ESTES FOR PROPERTY LOCATED AT 2350 BIG OAKS DRIVE TO VACATE A PORTION OF A DRAINAGE EASEMENT ON THE SUBJECT PROPERTY. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted drainage easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described drainage easement: See Exhibit "B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . The proposed easement vacation shall apply to the drainage easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer's expense. �.�`'�RK/TR ' \Z Y pF'SGS%i PASSED and APPROVED this 7a' day of August, 2007. FAYETTEVILLE • APPROVED:, ATTEST: :�9s.9h,KANSPSJ=� y;NGTON G�`��� n,ITMA By: By: DAN COODY, May SO DRA E. SMITH, City Clerk/Treasurer EXHIBIT lo DRAINAGE BASBMRIVT ABANDONMENT for TRIPP &BRANDYESTES I I I I N 893195139.98' I tzs Utnny I I I I z al w N W { Q I SE I 6. "odd m d. I N . S' bl atba 5' utolty 5 619TO O7' 140.03' I I Lot 6 in Black 18 of the Eat Oak+ Sbadivisoa, Phase b =72703 JENE INS SURVEYIFAYHFISVt1M AA11jmomwtFAxN'Ml EXHIBIT `B" VAC 07-2638 A PART OF LOT 6 IN BLOCK 10 OF THE EAST OAKS SUBDIVISION, PHASE II, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS S89043'01 "W 12.50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 6, AND RUNNING THENCE S89043101 "W 55 .00 FEET ALONG THE SOUTH LINE OF THE SAID LOT ; THENCE LEAVING SAID SOUTH LINE AND RUNNING N00036'05"W 99.75 FEET TO THE NORTH LINE OF SAID LOT; THENCE N89031 ' 15"E 15.74 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE AND RUNNING TO AND ALONG A WOODEN FENCE LINE THE FOLLOWING: S14029' 16"E 15 .25 FEET, S35036'54"E 27.58 FEET, S0102812511W 4.56 FEET, S440371611E 28.70 FEET TO THE WEST LINE OF A 12.5 FOOT WIDE CITY OF FAYETTEVILLE UTILITY EASEMENT; THENCE LEAVING SAID FENCE LINE AND RUNNING S00036'05"E 37.43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS . City of Fayetteville I � � C7 Staff Review Form City Council Agenda Items 5v 5O or VAContracts 7-Aug-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2638: (Estes, 332): Submitted by Peter (Tripp) and Brandy Estes for property located at 2350 Big Oaks Drive. The request is to vacate a portion of a drainage easement within the subject property. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �7 � Previous Ordinance or Resolution # n/a Department ( to Original Contract Date: n/a Original Contract Number: n/a 7 � ig �07 City Attorney Received in c Office Finance and Internal Service Director Date L ;4 l / Received in Mayor's Office Mayor Date Comments: City Council Meeting of August 07, 2007 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: July 10, 2007 Subject: Easement Vacation for Estes (VAC 07-2638) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a drainage easement located at 2350 Big Oaks Drive. BACKGROUND The subject property is located at 2350 Big Oaks Drive and is zoned RSF-4. The property was platted as part of East Oaks Addition Phase I1 with a 55' drainage easement along the east property line. The applicant requests vacating a portion of the 55' drainage easement to allow for an expansion to the east side of the residence. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission meeting on July 9, 2007. The Planning Commission voted 8-0-0 to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2638 SUBMITTED BY PETER (TRIPP) AND BRANDY ESTES FOR PROPERTY LOCATED AT 2350 BIG OAKS DRIVE TO VACATE A PORTION OF A DRAINAGE EASEMENT ON THE SUBJECT PROPERTY. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted drainage easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described drainage easement: See Exhibit "B" attached hereto and made a part hereof. Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . The proposed easement vacation shall apply to the drainage easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" DRAINAGE EASEMENT ABANDONMENT for TRIPP &c BRANDYESTES 1 I N 89-31'15139.98' I its' utanyt I 1 I 1 z Sj m a 1 q � I w N I m P = O 1 0 wd� �9C.4 e O I w /I O 5' unity 1 s BT43201' 140.03, I 1 i Lot 6 in Block 10 of the East Oaks Subdivisim, ML IL JENFAYETTMLL'�ARTM VEYING,INC tXu�x n• rt µq@ flwf TIwsan EXHIBIT `B" VAC 07-2638 A PART OF LOT 6 IN BLOCK 10 OF THE EAST OAKS SUBDIVISION, PHASE II, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT THAT IS S89043'01 "W 12.50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 6, AND RUNNING THENCE S89043'01 "W 55 .00 FEET ALONG THE SOUTH LINE OF THE SAID LOT ; THENCE LEAVING SAID SOUTH LINE AND RUNNING N00036'05"W 99.75 FEET TO THE NORTH LINE OF SAID LOT; THENCE N89031 '15"E 15.74 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE AND RUNNING TO AND ALONG A WOODEN FENCE LINE THE FOLLOWING: S14029' 16"E 15 .25 FEET, S35036'54"E 27.58 FEET, S01028125 "W 4.56 FEET, S440371161'E 28.70 FEET TO THE WEST LINE OF A 12.5 FOOT WIDE CITY OF FAYETTEVILLE UTILITY EASEMENT; THENCE LEAVING SAID FENCE LINE AND RUNNING S00036'05"E 37.43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, Tayet !r Y I PC Meeting of July 09, 2007 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: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: A& 'Q.� ,-'W Updated July 10, 2007 VAC 07-2638: (ESTES, 332): Submitted by PETER (TRIPP) AND BRANDY ESTES for property located at 2350 BIG OAKS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.32 acres. The request is to vacate a portion of a drainage easement on the subject property. Planner: JESSE FULCHER Findings: Property Description: The subject property is located at 2350 Big Oaks Drive and is zoned RSF-4. The property was platted as part of East Oaks Addition Phase II with a 55 ' drainage easement along the east property line. Request: The applicant requests vacating a portion of the 55 ' drainage easement to allow for an expansion to the east side of the residence. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. Southwestern Electric Power Company Not applicable. All other existing utility easements shall remain. Arkansas Western Gas No Objections. All other existing utility easements shall remain. Southwestern Bell Telephone No Objections. All other existing utility easements shall remain. K:\Reports\2007\PC Reports\07-09-0T.VAC 07-2638 (Estes 2350 Big Oaks Dnve)dm Relocation of any existing facilities shall be at the owner/developers expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. The 12.5' sewer easement shall remain. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Public Comment: The adjacent property owners have indicated no objections to the proposed drainage easement vacation. Recommendation: Staff recommends forwarding (VAC 07-2638) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1 . The proposed easement vacation shall apply to the drainage easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: July 09, 2007 Motion: Graves Second: Ostner Vote: 8-0-0 (forwarded from consent agenda) Comments: K:\Reports\2007\PC Reports\07-09-07\VAC 07-2638 (Estes_2350 Big Oaks Drive).dm ESTES , GRAMLING & ESTES , PLC Attorneys at Law P.O. DRAWER 3883 19 EAST DICKSON STREET FAYETTEVILLE, ARKANSAS 72702-3883 PETER G. ESTES, SR. (19161990) TELEPHONE: (479)521-4444 PETER G. ESTES, JIL WRITER'S DFRECT EMAIL: TESTES(@NWARKCOM FAX: (479) 521-6730 J. DOUGLAS GRAMLRIG} E-MAIL:eegQa nwark-wm PETER G. ESTES BI AMY ESTES TURNER* OFFICE MANAGER: LAURA G. HOBBS •AISOM = wWARNGTON baso wo = N mmom May 22, 2007 Re: Description of Request for Vacation of Easement Recently it has come to our attention that a drainage easement extends Fifty-Five (55) feet from the back property line of our residential lot in Phase Two (2) of East Oaks Subdivision. During the process of looking into building onto our house at 2350 Big Oaks in Fayetteville, we have run into a snag in that our proposed build would cross over into this easement. we have talked to Jesse Fulcher in the Planning Department and he referred us to Perry at Transportation, who has stated that he had no problem vacating this easement to the back fence line of our property. We request at this time that the drainage easement recorded on the Plat of Phase Two (2) East Oaks Subdivsion be vacated to the back fence line of the property. Legal Description for the area to be vacated is as follows: A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Corner of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05"W 99.75 feet to the North line of said lot; thence N89°31 ' 15"E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29'16"E 15.25 feet, S35°36'54"E 27.58 feet, S01 °28'25"W 4.56 feet, S44037116"E 28.70 feet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00036'05"E 37.43 feet along said West line to the point of beginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, Thank you for your consideration. Si �Gl'1'll� l.o�CJ� randy Estes ��JJ PETITION TO VACATE DRAINAGE EASEMENT LOCATED IN LOT 6 BLOCK 10, EAST OAKS SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS To: The Fayetteville City Planning Commission and the Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 6, Block 10, Phase II, East Oaks Subdivision, Fayetteville, Arkansas, a Municipal Corporation, petition to vacate an easement which is described as follows: A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Comer of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05 "W 99.75 feet to the North line of said lot; thence N89°31 ' 15 "E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29' 16"E 15.25 feet, S35°36'54"E 27.58 feet, S0102812511W 4.56 feet, S44037' 16"E 28.70 feet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00036'05"E 37.43 feet along said West line to the point of beginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, That the abutting real estate affected by said abandonment of the Drainage easement is as follows: Lot 2, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 3, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 7, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 5, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 1 , Block 12, East Oaks Subdivision, City of Fayetteville, Arkansas. The City of Fayetteville declared a 55 foot easement for drainage purposes on said real property; however, neither the City of Fayetteville nor its citizens would be adversely affected by the abandonment of the portion of the above described easement. The petitioners request this vacation for the purpose of completing additional improvements on the real property that would encroach on the current easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefits and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utilities and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law and as to the particular land, the owners be free from the easements of the public for the use of said alley. Dated this At day 4( Re V , 2007. III Brandy Estes EXHIBIT "A" DRAINAGE EASEMENT DESCRIPTION FOR ABANDONMENT A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Comer of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05"W 99.75 feet to the North line of said lot; thence N89°31'15"E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29'16"E 15.25 feet, S35°36'54"E 27.58 feet, S01°28'25"W 4.56 feet, S44°37'16"E 28.70 feet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00°36'05"E 37.43 feet along said West line to the point of beginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, •I,• :' V 15 30 6 Lot 6 in B1ock 10 of the East Oaks Subdivision, Phase II. JENKINS SURVEYING, INC. BBABR Bc M 125 E. TOWNSHIP STE.S ScuE 1•„y,• FAYEFIEVILLR, AR 72701 MI 1479)MJ69U] LCGTW: EAST BN(5 SOB FA (479)"3bw' JOB 110 01-OYT MAY -29-2007 TUE 09:50 AM FROM ESTES & GRAMLING P, 03 (FRI)MAI 25 2007 16 'S1.15:US/NU.bi qe iLGn r c DATE: Umin COMPANY: APPLICANT NAME: tat? and Brandy REQUESTED VACATION(epplkMt a X UtilityP__--CA-^' Right -of -WY for alley or stream r alley Street right-of-way I haw bat ratified of the petition to vac Caaaal bwtiea ! Adams (rcfaring to 1z<n R,h (ATrAc7! leas! dasmitilea UTH.ITY COMPANY COMMFMIS: objections to the vacadon(s) d No objections ro the vaeatioa(a) d to lotadon. ditustoea, and put • No obections provided the APPROVAL FORM X. OF- WAY, ALLEY, ANA EASEMENT VACATIONS Hrtsbsnd and Wife APPLICANT PHONE: 479-521-4444 adt g{( that apply): all utility e►semena located within the vacated right- of- way. the following (dley..anment, right-of-way), described ae follows: ecbed domanent- Haut be compktcd••) rr rapnesaxse&'ofwkatIsbeing vacaaed$VRVFY1 S«,J#.c1/ above. above, provided following described easemonht era retaimd. (State are met 1/2007 16:46 4798720174 COX CONSTRUCTION ESIES & GRAMLING (FRO MAY 25 2007 ' PAGE 02/02 11 /ST. 16: UU/NO. 6S3b4b1'1'!1 Y / UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5/22107 I TU llY COMPANY: Cox Comtawoc&tion4 APPLICANT NAME: Peter and $randy Eats, Husband and Wifc APPLICANT PHONE: 479-,;211444 EsQUESTtD VACATION (applicant Ninth check a that. (V): X Utility basement Right-of-way for alley or steed and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (afl ' easement, rlght-#nYay). describe l as follows: General Westing / AddRRress (rekTing to attached document mot be compleeted'"') (ATTACH legal dacrfpdoa yet g►aphte repro easatloa of what is befog vacased$Uh yen Set 4IhL� tl'ITLITY COMPANY COMMENTS: No objections to the vacation(;) uwatbed above. No objections to the vacation(s) dented above, Provided following devcribed easements are retained. (Smte • tbo location, dimeusioos, and Papaw below) + No objeetioaa provided the followhtg conditions are mer. S'1ve.,.'• Tide I.- FROMay. 29. 2007A 8:52AM (FR I )MAY 25 2007 16:05/ST. 1 iNo_ 2886 63P: , 21223 P 2 DATE: tTflLflY COMPANY: APPROVAL FORM RIGHT- OF- WAY, ALLEY, AND LITY EASEMENT VACATIONS APPUCANT NAME: Peter &W Brandy stes, Husband and Wife APPUCANT PHONE: 479-521.4444 REQUESTED VACATION (appieaut �an akeck that apply)_ — X UtilityEsepew n Rightwf-way for alley or streets Alley Street tight -of -way I have been notified of the petition to .roc General location t Addren (referring to R,,, /_ tr < (A TTA CH legal descripdoa UTILITY COMPANY COMMENTS: • No objections to the vacation(s) V No objections to the vacetion(s) v the location, dimensions, and pa r all utility easements located within the vacsu d right- of- way. the following (alley, easement, right -of -wary), described as follows: document- mast be cotttpletad"") grapkie npresentadon of what B bekrg vocated$URVE19 SGC 4MaLav above. ibcd above, provided following described casements are tetaincd. (Stare below.) N the id11odvmg condklonii ere met 6- 4-07; 4:OSPM;AWG Dispatch Fey, AR ;4795828258 tt 2/ 5 Arkansas Vl�stern Gas Company VA subsidiary of Southwestern Energy Company UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Monday, June 4, 2007 UTILITY COMPANY: Arkansas Western Gas APPLICANT NAME: Peter and Brandy Estes, Husband and Wife APPLICANT PHONE: 479-521-4444 REQUESTED VACATION: Street 0 Utility Easement Street and all the utility easements located within the vacated street Right-of-way for alley or street Right-of-way for alleys or streets and all utility easements located within the vacated right-of-way Alley Alley and all utility easements located within the vacated alley I have been notified of the petition to partially vacate the following Utility Easement (Please see list above) Description described as follows: See attached drainage easement description for abandonment for a part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II. UTILITY COMPANY COMMENTS: No objections to the vacates described above. QX No objections to the vacates described above, provided following described easements are retained. Please state the location, dimensions, and purpose below. Utility easements along the Northern and Eastern portion of Lot 6 will be retained due to the fact Arkansas Western Gas has an existing distribution line located in these areas. Signature of Utility 96mpany Representative Fayetteville Assistant Operating Manager Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 5/22/07 UTILITY COMPANY: South Western Bell Telephone Company APPLICANT NAME: Peter and Brandy Eater. Husband and Wife APPLICANT PHONE: 479.521 _4111 REQUESTED VACATION (applicant must check ffA &at apply): Utility Easement Right•of-way fot alley or streets and all utility easements located within the vacated right, of- way. Svicec right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be (ATTACH legal desa*tfoa tat ra�' represeamaon o/what is being vacascd-St)RVEP) & f UITLflY COMPANY COMMENTS; No objections to the vscation(s) described abo-'e. No objcctiona to the vacation(s) described above, provided following described ca'ements are retained. (State the location, dimensions, and purpose below.) -% FACLUTIE provided the tollowrng S gnature of Utility Company Representative VV�AMAGaaEii4 S'(≥tJ Title Ir)E - ELA J4iif>/U [11- i4fsy THE Ocv,Jt s&s R'PS)sC 05/30/2007 WED 11:01 FAX 479 684 4730 WATER & SEWER 1001 FROM ESTES & GRAMLING (FRI)MAY 25 2007 02/ST.16:01/NO. 6335461222 P 2 UTILTPY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS PATh 5/22107 UTILITY COMPANY: City of Fayetteville Water. and Sewer Division APPLICANT NAME: Peter and Brandy Fates, Husband and Wife APPLICANT PHONE: 479-521x4444 REQUESTED VACATION (appi1eaat arrest tbeck gl( that apply): X Utility Easemad Right-of-way fee alley or streets mud all utility easements located within the vacated right- of- way. Alley Street right-of-way I have beta notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached docomat- must be (TtACA/egal deseriplian ggd graphic represeatadoa of what is being stated-SYRYE10 qtr • No objections to the vacation(s) dvscdibed above. • No objections to its vaoadon(s) desenbed above, provided following described easements arc re• a ned. (State the location, dimeasious, and pwpose below.) • No objections provided the following conditonaai'e met W e G v6Z SC'J rtt— ON s 4K Y. 05/30/2007 14:35 FAX 4794443490 COF TRANSPORTATION DIVIS 1@002 %1 111 Jlgm 1 40 ru"' 1:7/s 16:15/N01 6335461226 P APPROVAL popM IT. OF. WAY, ALLEY, AND EASflqNIT VACATIONS DATE: UTILITY COMPANY: APPLICANT NAM& Peter end Brand RBQUE9M VACATION (a'P&vxt X Ildlity Eaeemeat Rfght.of way for alley or steel Alley Street righrof-way I have been notified of the petition to vac General tocadou / Address (refening to a• 11�ZAA D _ L (A77ACMIegd iesc4odon bi • r •,i 1 • 1 II I I 1 IIT.;.1I I I 1 1 .1 - r11! • 11- y. r11 •�-. 1 . Y.11 .'1 Ipll 1 • 1 II'�11)11• • No objections provided the ms Frwband and Wife APPLICANT PHONE 479.5214444 check gm.,gp5): all udlity easements located within the vacated right, of. way. the ll N wing (a1ey, eawnentl right-ojCway), described as follows: ached document. must be completede+) I. 71 ngptxsentaSaofWhafrbeiagvacajsURVBY} Sew 4/ILL) are met; 1575 gZ26 05/25/2007 FRI 16:50 FAX 479 444 3478 COF SOLID WASTE & RECYCL FROM ESTES & GRAMLING I (FRI)MAY 252007 (001/001 1'9/ST. 16 :14/N0. 6335461227 P 2 APPROVAL FORM FOR CAT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTf JTY COMPANY: APPLICANT NAME: Peter and Brandy REQUESTED VACATION (applicant n X Utility Easement Right-of-way for alley or stmxs Alley Street right-of-way I have been notified of the petition to vac General location / Address (refuting to (ATTACH legal desatpdaa UTILITY COMPANY COMMENTS; ( . 0 objections to the vacation(s) d • No objections to the vacation(s) d the location, dimensions, andpuq • No objections provided the Husband and Wife APPLICANT PHONE: 479-521-4444 eck gjj that apply): all utility easements located within the vacated right- of- way. the following (alley, easement, nghs.0 way), desaibed as follows: document/ -`must be coo/mpleted•`) graphk repremata ea of what is being vaeated.SVRVEI% sec //y above, above, provided following described easements are retained. (State UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7/3/07 UTILITY COMPANY: City of Fayetteville Engineering Department APPLICANT NAME: --Estes------- APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley) easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** 2350 Bie Oaks Drive (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: (2)No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility Company Representative Title L4 4 f '.lam v Ii 1 e ill i _ YI • .V. 1. IL ay f 5 (( C. Y. • l +'1 • 3. M1 < ( f V ) v. M1 ORDINANCE NO. 5049 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 07-2613, HOLCOMB HEIGHTS PHASE II, LOCATED EAST OF RUPPLE ROAD, WEST OF PHASE I; CONTAINING APPROXIMATELY 5.77 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 R -A, Residential Agricultural to R-PZD 07-2613 as shown in Exhibit "A" and depicted in Exhibit "B" 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, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville 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. PASSED and APPROVED this 7`s day of August, 2007. ATTEST: By: E. SMITH, City K/TR S." 5;,•GJZY pp•.c t ;FAYETTEVILLE; •l[Kil►VA'm EXHIBIT "B" R-PZD 07-2613 COMBINED TRACTS 2,3 & 4 A part of the NW1/4 /4 of the NW 1/4 of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Beginning at the Southwest Corner of the NW 1/4 of the NW1/4 /4 of said Section 32 and running thence N 02°50'27" E 250.00 feet; thence S 87°D45'11" E 215.44 feet; thence N 03°14'38" E 110.31 feet; thence N 71°59'20" E 214.93 feet; thence N 03°17'00" E 10.73 feet; thenceN 71°59'20" E 256.69 feet; thence S 03°D10' 10" W 536.39 feet, thenceN 87°D34'37" W 240.26 feet, thence N 87°D34'37" W 200.03 feet, thence N 87°D34'37" W 213.67 feet to the point of beginning, containing 5.77 acres, more or less, Washington County, Arkansas. Subject to any easements and/or right-of-ways of record. CONDITIONS OF APPROVAL: R-PZD 07-2613 PageIof3 Staff recommends the following conditions of approval associated with R-PZD 07-2613 (Holcomb Heights Phase II). Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the following improvements: a. An assessment for improvements to Rupple Road, including 14'from centerline, curb and gutter, storm drainage and sidewalks in the amount of $35, 093.00; b. An assessment for the unconstructed section of Street 2 that will end in a temporary cul- de-sac in the amount of $7,150.75. c. All interior streets and alleys shall be constructed to City design standards, inspected and approved by the Engineering Department. 7-9-07 THE PLANNING COMMISSION FOUND IN FAVOR OF THE COST ESTIMATES AS SUBMITTED BY THE APPLICANT AND APPROVED BY STAFF. 2. Planning Commission determination of waivers from minimum street design standards of the Unified Development Code. a. Street width waivers. The applicant proposes 23' interior street widths. Staff recommends in favor of the requested 23' street sections, finding that the street sections provide 10' lane widths, one -side on -street parking and are capable of handling the expected design service volume. Staffwill review detailed construction plans at the time of development. b. Construct a centerline radius less than 150'. This occurs at lot 89 and 90 and at Lot 82 (detention lot). Staff finds in favor of this waiver request, finding it not will diminish public safety. c. Construct curb radii of20' on minor residential street and alley intersections where 30' is requiredfor minor streets and 25' is requiredfor alleys. Staff recommends in favor of the curb radii of 20'. Finding that 20' curb radii on the more narrow streets and alleys proposed allows for adequate vehicular turning movements for passenger vehicles. d. Construct curb radius of 30' at the intersection ofa collector street where 50' is required for the intersection of Street 2 and Rupple Road extension. Staff finds in favor of this waiver request. e. Waiver of standard 2' curb and gutter section (1.5' proposed). Staff recommends in favor of this request. 7-9-07: THE PLANNING COMMISSION FOUND IN FAVOR OF THE REQUESTED WAIVERS. 3. As indicated on the plats, shared drives shall be utilized to minimize the number of curb -cuts onto the public streets. Driveway cuts onto public streets shall not exceed 16' in width. 4. The final plat for Holcomb Heights Phase II shall not be recorded until the final plat for Holcomb Heights Phase I has been recorded. 5. All street designs are subject to approval by the Fire Department and Solid Waste Department and shall be reviewed at the time of construction. CONDITIONS OF APPROVAL: R-PZD 07-2613 Page 2 of 3 6. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. Parks fees are due in the amount of $34,560.00 for 36 single-family dwelling units, prior to building permit approval. 8. One (1) large species tree shall be planted for each lot as depicted on the landscape plan. 9. Mitigation will be required in the amount of 7 (2) -inch caliper large species trees, which will be planted on site. The trees shall be planted prior to signing the final plat, unless the timing is not conducive with the planting season, in which case the Urban Forester may permit a delay in the plantings. 10. A 3 -year bond, letter of credit, or check in the amount of $1,750.00 shall be submitted prior to signing the final plat. 11. Buildings shall be constructed to be consistent with the photos and concepts depicted in the booklet as specified. Building permits will be based upon the submitted materials. 12. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code, and shall be subject to signage requirements for residential single-family development. 11. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 12. See attached comments from the Engineering Division. Revisions requested by the Engineering Division, to be completed with revision submittal for Planning Commission. 13. Street lights are required at every intersection and at a maximum separation of one per 300' on all streets and shall be installed prior to signing the final plat. 14. Plat/booklet revisions to be completed prior to City Council submittal: Standard Conditions of Approval: 15. 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). 16. 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. 17. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. CONDITIONS OF APPROVAL: R-PZD 07-2613 Page 3 of 3 18. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 19. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7 -Aug -07 City Council Meeting Date Deb 8/7/o7 5©`/I R, PZa o? - Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 07-2613: Holcomb Heights Ph II, 245: Submitted by Appian Centre for Design for property located east of Rupple Road, west of Phase I containing approximately 5.77 acres. The request is for Phase II of a Residential Planned Zoning District containing 36 single-family residential dwelling units. Cost of this request n/a Account Number n/a Project Number Budgeted Item n/a Category/Project Budget n/a Funds Used to Date n/a $ Remaining Balance Budget Adjustment Attached Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Previous Ordinance or Resolution # n/a Depar ment Dir4ctor bate Original Contract Date: n/a i —lq Original Contract Number: n/a -rye Cit torney (� Receive I rk's Office � t t�Gc)y..� � � l � -C7 Finance and Internal Service Director Date Received in M Office /44ate City Council Meeting of August 07, 2007 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: July 09, 2007 Subject: Residential Planned Zoning District for Holcomb Heights Phase II (R-PZD 07-2613) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for Holcomb Heights Phase II, 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 5.77acres located between Salem Road and Rupple Road, and west of Holcomb Heights Phase I. The proposal is for a residential development consisting of 36 single-family residential dwelling units. BACKGROUND The subject property consists of approximately 5.77 acres located between Salem Road and Rupple Road, and west of Holcomb Heights Phase I. Holcomb Heights Phase I was approved by the City Council on April 3, 2007. The property is zoned R -A, Residential Agricultural and is currently undeveloped pasture. Access to the site is by way of a stub - out provided from Phase I. The development shall also connect to Rupple Road once extended from the south. The project proposes a traditional neighborhood design with rear alley access and an interior neighborhood greenspace. The Planning Commission voted 8-0-0 in favor of this request on July 09, 2007. 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 07-2613, HOLCOMB HEIGHTS PHASE II, LOCATED EAST OF RUPPLE ROAD, WEST OF PHASE I; CONTAINING APPROXIMATELY 5.77 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 R -A, Residential Agricultural to R-PZD 07-2613 as shown in Exhibit "A" and depicted in Exhibit "B" 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, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville 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. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer 81 IKIKS] EXHIBIT "B" R-PZD 07-2613 COMBINED TRACTS 2, 3 &4 A part of the NW1/4 of the NW1/4 of Section 32, Township 17 North, Range 30 West, being more particularly described as follows: Beginning at the Southwest Corner of the NW1/4 of the NW1/4 of said Section 32 and running thence N 02°50'27" E 250.00 feet; thence S 87%%D45'11" E 215.44 feet; thence N 03°14'38" E 110.31 feet; thence N 71°59'20" E 214.93 feet; thence N 03°17'00" E 10.73 feet; thence N 71°59'20" E 256.69 feet; thence S 03%%D10'10" W 536.39 feet, thence N 87%%D34'37" W 240.26 feet, thence N 87%%D34'37" W 200.03 feet, thence N 87%%D34'37" W 213.67 feet to the point of beginning, containing 5.77 acres, more or less, Washington County Arkansas. Subject to any easements and/or right-of-ways of record. Taye ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: July 3, 2007 Updated July 10, 2007 Planning Commission Meeting July 9, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 R-PZD 07-2613: Planned Zoning District (HOLCOMB HEIGHTS PHASE II, 245): Submitted by APPIAN CENTRE FOR DESIGN for property located at E OF RUPPLE ROAD, W OF PHASE I. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 5.77 acres. The request is for Phase II of a Residential Planned Zoning District containing 36 single-family lots proposed. Planner: Jesse Fulcher Findings: Property Description: The subject property consists of approximately 5.77 acres located between Salem Road and Rupple Road, and west of Holcomb Heights Phase I. Holcomb Heights Phase I was approved by the City Council on April 3, 2007. The property is zoned R -A, Residential Agricultural and is currently undeveloped pasture. Access to the site is by way of a stub -out provided from Phase I. The development shall also connect to Rupple Road once extended from the south. Surrounding Land Use/Zoning: Direction from Site Land Use Zoning North Single Family Planning Area South Single Family RSF-4, Residential Single Family, 4 Units/Acre East Single Family R-PZD 06-2281 Holcomb Heights Phase I West Rural Agricultural Planning Area June 29, 2007 Subdivision Committee: Meeting minutes are within the staff report. Proposal: The applicant requests rezoning and preliminary plat approval for a residential development in an R-PZD zoning district. The proposed use of the site is for 36 single-family units for a maximum density of 6.23 units per acre. All of the residential units will be located in Planning Areas 1-3 and Planning Area 4 will be utilized for community green space. This proposal does subdivide the property and will require final plat approval. K:I Repores120071PC Reports107-09-0718-PZD 07-2613 (Holcomb Heights Phase 11).doc Access: Access to the site is provided from a street stub -out from Holcomb Heights Phase I, which has not been constructed. An assessment for the construction of Rupple Road along the property's western boundary is required prior to final plat approval. Street Width: 23' wide streets with 16' rear alleys are proposed interior to the project. The proposed street section provides for 10' lane widths and one -side on -street parking, due to the reduced gutter width. Fire and Solid Waste Service: The Fire Department has stated that the street and alley sections proposed with the latest revisions are sufficient to allow fire apparatus access to all lots within the subject development. In its review of this latest plan, the Solid Waste Division has discussed that solid waste service may be provided from rear alleys with the following requirements that will be included as notes on the final plat and construction documents. It is anticipated that alley service to the rear of structures can be provided as long as 20' clear and unencumbered is maintained to allow room for the truck and arm to pick up the carts. If the 20' is ever encumbered, it is at the discretion of the Solid Waste Division to provide service to the front and parking may be required to be removed along the street. If the design does not function as intended it shall be at the discretion of Solid Waste, pursuant to City ordinance, to require front service and the subsequent removal of parking. Phasing: The applicant proposes to develop the 36 dwelling units within Phase II over the next 1-2 years. Preliminary Plat approval shall be valid one year from the date of the City Council approval. Water & Sewer: Water and sewer lines would be extended to serve the development. Adjacent Master Street Plan Streets: Rupple Road (Principal Arterial) Street Improvements: Staff recommends an assessment for improvements to Rupple Road, including 14' from centerline, curb and gutter, storm drainage and sidewalks. Additionally, an assessment shall be required for the unconstructed section of Street 2 that will end in a temporary cul-de-sac. These funds shall be utilized for the future construction of Rupple Road. Parks: On May 7, 2007 the Park and Recreation Advisory Board recommended accepting money in - lieu to satisfy Park Land Dedication Ordinance requirements. The decision was based on the proximity of the land to Salem Meadows Subdivision park land, Gary Hampton Softball Complex and park land located in Clabber Creek Subdivision. Fees are due in the amount of $34,560.00 prior to issuance of building permits. Tree Preservation: Existing Canopy: 1.60% Preserved Canopy: 0.80% Required Canopy: 1.60% Mitigation: Required in the amount of 7 (2) -inch caliper trees. Public Comment: Staff has not received any comments. Recommendation: Staff recommends forwarding R-PZD 07-2613 to the City Council with a recommendation for approval with the following conditions: K:IReportsl20071PC Reports 07-09-071R-PZD 07-2613 (Holcomb Heights Phase 11)doe Conditions of Approval: Planning Commission determination of street improvements. Staff recommends the following improvements: a. An assessment for improvements to Rupple Road, including 14' from centerline, curb and gutter, storm drainage and sidewalks in the amount of $35,093.00, b. An assessment for the unconstructed section of Street 2 that will end in a temporary cul-de-sac in the amount of $7,150.75. c. All interior streets and alleys shall be constructed to City design standards, inspected and approved by the Engineering Department. 7-9-07 THE PLANNING COMMISSION FOUND IN FAVOR OF THE COST ESTIMATES AS SUBMITTED BY THE APPLICANT AND APPROVED BY STAFF. 2. Planning Commission determination of waivers from minimum street design standards of the Unified Development Code. a. Street width waivers. The applicant proposes 23interior street widths. Staff recommends in favor of the requested 23' street sections, finding that the street sections provide 10' lane widths, one -side on -street parking and are capable of handling the expected design service volume. Staff will review detailed construction plans at the time of development. b. Construct a centerline radius less than 150'. This occurs at lot 89 and 90 and at Lot 82 (detention lot). Staff finds in favor of this waiver request, finding it not will diminish public safety. c. Construct curb radii of 20' on minor residential street and alley intersections where 30' is required for minor streets and 25' is required for alleys. Staff recommends in favor of the curb radii of 20'. Finding that 20' curb radii on the more narrow streets and alleys proposed allows for adequate vehicular turning movements for passenger vehicles. d. Construct curb radius of 30' at the intersection of a collector street where 50' is required for the intersection of Street 2 and Rupple Road extension. Staff finds in favor of this waiver request. e. Waiver of standard 2' curb and gutter section (1.5' proposed). Staff recommends in favor of this request. 7-9-07: THE PLANNING COMMISSION FOUND IN FAVOR OF THE REQUESTED WAIVERS. 3. As indicated on the plats, shared drives shall be utilized to minimize the number of curb -cuts onto the public streets. Driveway cuts onto public streets shall not exceed 16' in width. 4. The final plat for Holcomb Heights Phase II shall not be recorded until the final plat for Holcomb Heights Phase I has been recorded. 5. All street designs are subject to approval by the Fire Department and Solid Waste Department and shall be reviewed at the time of construction. K:IReports120071PC Reports107-09-071R-PZD 07-2613 (Holcomb Heights Phase 11) doc 6. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. 7. Parks fees are due in the amount of $34,560.00 for 36 single-family dwelling units, prior to building permit approval. 8. One (1) large species tree shall be planted for each lot as depicted on the landscape plan. 9. Mitigation will be required in the amount of 7 (2) -inch caliper large species trees, which will be planted on site. The trees shall be planted prior to signing the final plat, unless the timing is not conducive with the planting season, in which case the Urban Forester may permit a delay in the plantings. 10. A 3 -year bond, letter of credit, or check in the amount of $1,750.00 shall be submitted prior to signing the final plat. 11. Buildings shall be constructed to be consistent with the photos and concepts depicted in the booklet as specified. Building permits will be based upon the submitted materials. 12. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code, and shall be subject to signage requirements for residential single-family development. I1. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. 12. See attached comments from the Engineering Division. Revisions requested by the Engineering Division, to be completed with revision submittal for Planning Commission. 13. Street lights are required at every intersection and at a maximum separation of one per 300' on all streets and shall be installed prior to signing the final plat. 14. Plat/booklet revisions to be completed prior to City Council submittal: Standard Conditions of Approval: 15. 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). 16. 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. K_ IReporis 120071PC Reports 107-09-07tR-PZD 07-2613 (Ito/comb Heights Phase 1I).doc 17. All overhead electric lines l2kv and under shall be relocated underground. All proposed utilities shall be located underground. 18. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 19. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Action: ❑ Approved ❑ Tabled J Forwarded to C.C Motion: Ostner Second: Trumbo Vote: 8-0-0 Meeting Date: July 9, 2007 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 Findings associated with R-PZD 07-2613 (Holcomb Heights Phase II) Sec. 166.06. Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the City Plan 2025; FINDING: Staff finds the application to be in compliance with the Master Development Plan K: IReportst20071PC Reports107-09-071R-PZD 07-2613 (Holcomb Heights Phase O).doc Planned Zoning District criteria established by the City Council. The City Plan 2025 designates this site as a Residential Neighborhood Area. Rezoning this property to R-PZD 07- 2613 with single-family dwelling units is consistent with the land use plan and the surrounding land use. Although the proposed lot sizes are smaller than the lot sizes found within the standard RSF-4 developments in the area, staff finds the development to be relatively compatible with these developments and more in keeping with the City's adopted goal of encouraging traditional neighborhood development patterns. The development will also support the goal of providing density (6.23 units/acre) nearby to public services, i.e. schools, sports complexes, a major principal arterial in the future, etc. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be compliant with applicable statutory provisions, or the applicant has submitted requests for waivers thereof. (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services; FINDING: The impact of the rezoning and subsequent development would require the provision of public facilities, at the cost of the developer. Without improvements to existing infrastructure, the proposal would certainly adversely affect public facilities and services. However, as indicated in the submittal and the staff report, certain measures are to be taken to ensure adequate infrastructure improvements are made by the developer to ensure the level of service does not decline due to the proposed development. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The proposed development will yield a higher density than Salem Meadows Subdivision immediately to the south, however the overall density of 6.23 units/acres is compatible with surrounding developments including Salem Village P.U.D and Holcomb Heights Phase 1 (5.04 units/acre). A harmonious relationship with surrounding developments is achieved by utilizing detached single-family dwelling units throughout the development and providing a rear setback from the southern property line that is equal to or greater than that required in the RSF-4 zoning district. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The site slopes from the north to the south and is comprised of undeveloped pasture land with a small percentage of existing tree canopy. A 0.37 acre greenspace will be reserved for recreational use and a significant number of trees will be planted throughout the development, creating a healthy urban canopy. (6) Whether the intended land use would create traffic congestion or burden the existing road network; K: IReports(20071PC Reports l07-09-071 R-PZD 07-2613 plolcomb heights Phase II).doe FINDING: Any additional development in the area will certainly increase the amount of traffic on surrounding streets, however the overall density should not create an appreciable amount of traffic over that allowed under the current R -A zoning. As part Holcomb Heights Phase I, significant improvements to Weir Road and Salem Road are required, which will ultimately help facilitate safer traffic movements and improve service levels. Additionally, an assessment is required for the construction of Rupple Road which is adjacent to the west boundary of the property. Extension of Rupple Road from the south will create a principal arterial connection from Wedington Drive to Weir Road. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: A plan and project booklet has been submitted, recognizing the zoning and development criteria required of a Master Development Plan submittal. Typical architectural elevations, materials and design standards are called out, in order to describe the appearance of the project once constructed. (8) Whether any other recognized zoning consideration would be violated in this PZD. FINDING: No other zoning considerations are proposed to be violated. (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: This development is a compact, complete development pattern, all connected with a system of sidewalks, pedestrian walkways, and narrow streets. Rather than turning the rear of the houses to the surrounding streets, as is common in most developments, the homes will either face onto the surrounding streets, or onto a 0.37 -acre village green located in the center of the development. Narrower street sections and on -street parking will provide adequate vehicular circulation and connectivity, while also reducing vehicle speeds and increase pedestrian safety. Common open space and smaller "pocket parks" throughout the development will add further to the health, safety and welfare of the community. K: IReports120071PC Reports107-09-071R-PZD07-2613 (Ho/comb Heights Phase [Q.doc (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 for the residential uses proposed. (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development- (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: All lots will be rear loaded from alley ways interior to the site, except Lots 91 to 101. Staff suggested continuing Alley "F" to Rupple Road; however, it was determined that another curb -cut onto Rupple Road in close proximity to Street "2" and an existing street stub - out from Salem Meadows was not appropriate. No curb -cuts are allowed onto Rupple Road. (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: Parking is to be provided on -site for each residential lot. (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. K: IReports120071PC Reportsl07-09-071R-PZD 07-2613 (Holcomb Heights Phase II).doc FINDING: This requirement has been met. (6) Sidewalks. As required by § 166.03. FINDING: 5' public sidewalks will be constructed along all public rights -of -way interior to the development. An assessment will be required for sidewalk construction along Rupple Road. (7) Street Lights. As required by § I66.03. FINDING: Street lights are to be provided at all intersections and adjacent to all public and private streets at a separation of no greater than 300 feet. (8) Water. As required by § 166.03. FINDING: Public water lines are available to each lot and shall be extended in accordance with city codes. (9) Sewer. As required by § 166.03. FINDING: Public sewer lines are available to each lot and shall be extended in accordance with city codes. (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)All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." K:IReports120071PC Reports 107-09-071R-PZD 07-2613 (Holcomb Heights Phase 11/doe (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council. (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width (No On -Street Parking) Dwelling Units One -Way Two -Way 1-20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended. (ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi) The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 inches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. FINDING: A variety of waivers of the minimum street design standards are requested as the proposed street cross sections do not meet the current Master Street Plan standards. The proposed cross -sections are designed to calm traffic, provide on -street parking and encourage pedestrian activity. Staff is recommending in favor of the waivers for street and alley design. No private streets are proposed. K: I Reportsl20071PC ReportsO7-09-07(R-PZD07-2613 (Holcomb Heights Phase 11).doc (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: All development on the site shall be phased according to the phasing plan and conditions herein. Preliminary Plat and Planned Zoning District approval shall be valid for one year from the date of City Council approval. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. FINDING: The applicant has worked with the Urban Forester to maximize preservation of existing canopy; however there are two trees on the property. Due to the removal of one tree, on -site mitigation is required, which will ultimately benefit the site and surrounding area. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in § 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: The applicant has proposed design standards for residential structures; no commercial uses are proposed. (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: No scenic views are identified, and the height of structures proposed are not uncommon for the area. (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. K:IReports110071PC Reports l07-09-07tR-PZD 07-2613 (Holcomb Heights Phase 11l.doc (C) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally -owned facilities shall 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: K. I Reports120071PC Reports 107-09-07W-PZD 07-2613 (Holcomb Heights Phase 1Q.doc (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. The association must be able to adjust the assessment to meet changing needs. FINDING: The applicant shall comply with these requirements. A condition to this effect is included in the staff report. Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (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 K: IReports110071PC Repons107-09-071R-PZD 07-1613 (Holcomb Heights Phase 11).Aoc 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: Staff finds this proposal meets the intent of many of the parameters of the City Plan 2025, as well as the above criteria, including flexibility in density, common open spaces, and enhancement of existing natural features. The proposal best fits the flexibility and variety goals of the intent of the Planned Zoning District, offering detached single-family housing types, lot arrangements, lot dimensions and building setbacks. The following guiding policies within Residential Neighborhood Areas are applicable to this development, and help to achieve the nine primary goals of the City Plan 2025: Residential Neighborhood Areas: 12.1.2 Where possible, encourage a block -and -street layout that promotes walkable, cyclist - friendly road designs with slow design speeds. 12.1.2 Utilize principles of traditional residential urban design to create compatible, livable, and accessible neighborhoods. 12.1.2 Discourage design elements that prohibit complete, compact, connected neighborhoods such as cul-de-sacs, gated communities, etc. 12.1.2 Minimize through traffic on minor residential streets, while providing connections between neighborhoods to encourage openness and neighborliness. 11.1.2 Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and services. (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 submitted development plats and Master Development Plan booklets, along with the conditions of approval found applicable and appropriate, are binding with the approval of the requested rezoning. Should the Planning Commission forward this item to the K:IReports120071PC Reports107-09-071R-PZD 07-2613 (Holcomb Heigh" Phase IIJ_doe City Council an ordinance will be drafted for consideration of rezoning this property in accordance with the submittal herein. (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 City Plan 2025 and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: Staff is recommending approval of this application, finding the proposed PZD meets the intent of the PZD ordinance as noted above. The requested R-PZD provides an effective relationship between similar land uses and activities on abutting parcels, while also providing a compact, complete and connected neighborhood. (2) Permitted Uses. All permitted uses identified within § 162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. FINDING: Permitted and Conditional uses are outlined in both the Master Development Plan booklets and plats. (4) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) K. IReports120071PC Reportsl07-09-071R-PZD 07-2613 (Holcomb Heights Phase 11).doc of the gross floor area within the development. FINDING: All uses are proposed as residential. (F) Bulk and area regulations (1) Residential density. Residential densities shall be determined on the basis of the following considerations: (a) The densities of surrounding development; (b) the densities allowed under the current zoning; (c) the urban development goals and other policies of the city's General Plan; (d) the topography and character of the natural environment; and (e) the impact of a given density on the specific site and adjacent properties. FINDING: Surrounding development is mixed in density and use, from traditional neighborhoods developed under the RSF-4 zoning district, large undeveloped agricultural properties, Holcomb Elementary School and Salem Village, which was developed as a Planned Unit Development. The density proposed for this development is appropriate given that the site is clear pasture land adjacent to an elementary school and existing infrastructure, meets the urban development goal of the City's City Plan 2025, and will not have a detrimental impact on the site and adjoining properties. (2) Lot area and setback requirements. Taking into consideration the unique aspects of each project, preliminary development plans for Planned Zoning Districts shall conform as closely as possible to the existing standards for lot area minimums and setback requirements under this chapter. FINDING: Lot area minimums and setbacks are varied on this project with structures oriented to the street and minimal front setbacks. Due to the unique nature of this traditional neighborhood development, it is not possible to conform to existing standards for lot area minimums and setback requirements. (3) Building height. There shall be no maximum building height except as may be determined by the Planning Commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. FINDING: Building heights proposed for this project are typical of single-family development in the surrounding area. (4) Building area. The Planning Commission shall review specific proposed lot coverages K: IReporu110O7 PC ReponslO7-09-O7R-PZD 07-1613 (Holcomb Heights Phase l/)doc which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. FINDING: The lot coverage or building area on this project is relatively high in comparison to a RSF-4 zoning district; however, the lot coverage is appropriate given the environment proposed. Additionally, the site plan provides common open space to be shared by all residents. *Required Findings for Rezoning Request. Land Use Plan: The City Plan 2025 designates this site as a Residential Neighborhood Area. Rezoning this property to R-PZD 07-2613, with the associated Master Development Plan, allows the use on the property to remain residential. The proposed plan, commitments, design standards and other conditions placed upon the project result in a compatible development with surrounding land uses in the general vicinity, meeting many of the goals of the City Plan 2025 for new development. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Staff finds the proposal is highly consistent with the land use planning objectives, principles and policies, as evidenced by the number of guiding policies for Residential Neighborhood Areas this proposal meets. Rezoning the property will accommodate both the future land use plan for residential uses in this area and also allow for a variety of housing types, sizes and development pattern, thus providing more choice for more citizens. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The rezoning is needed to allow for the creation of a traditional neighborhood development that is also sensitive to the surrounding developed community. 3. 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 on surrounding streets. The street improvements required with the development of Holcomb Heights Phase I will increase pedestrian safety and create safer traffic movements in the vicinity of Weir Road and Salem Road with the addition of turn lanes and sidewalks. Additionally, an assessment is required for future improvements to Rupple Road once it is extended from the south. 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. K:I Reportsl2007tPC Reportsl07-09-071R-PZD 07-2613 (Holcomb Heights Phase 11/.doc Finding: Based on findings from public service providers, as outlined below, an undesirable increase in load on public services would not be created. 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. 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. Fire: Fire station #7, approximately 3.1 miles away, serves this site. Fire response time to the site is approximately 7.5 minutes, with an anticipated 8 (5 EMS — 3 Fire/Other) calls for service at maximum build -out, based on the Service Delivery Impact included as a part of the staff report. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K:IReports120071PC Reports107-09-07dt-PZD 07-2613 (Holcomb 1/eights Phase If//. doc a��j(J%e eve e 7 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of July 9, 2008 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: July 2, 2007 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM # R-PZD 07-2613: Planned Zoning District (Holcomb Heights Phase II) Requirements Submitted: Initial Review with the Landscape Administrator T Site Analysis Map Submitted T Site Analysis Written Report Submitted T Complete Tree Preservation Plan Submitted Canopy Measurements: FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site is adjacent to the already approved Holcomb Heights Phase I. This project site has little to no canopy on the site. The only two trees on this phase are elms found in good shape. One elm is proposed for preservation while the other is found in the alignment of the proposed road. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Environmental degradation should not occur on this site. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. • Adjacent properties should not be affected by the removal of tree canopy. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • N/A Whether the size or shape of the lot reduces the flexibility of the design. • The size and shape of the does not reduce flexibility of design. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The general health of these trees was determined to be good. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • One tree will be removed for infrastructure while the other is found on the back of a proposed lot in a space that could be preserved even with future development of the single family home. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • The elm preserved will be affected by a proposed utility easement but removal would not be required.. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • The elm removed is found directly in the middle of the proposed right of way. The ability to move the road around this tree is prohibited by the property boundary and proposed lot sizes. Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. • Mitigation will be required on this site to replace 1,960 square feet of canopy removed. New canopy will be very beneficial to this site and the urban forest as a whole. The effect other chapters of the UDC, and departmental regulations have on the development design. • N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: • N/A The impact a substantial modification or rejection of the application would have on the Applicant: • Staff is recommending approval of the Tree Preservation Plan with the following Conditions of Approval. Conditions of Approval: i. Mitigation will be required on the site to replace 1,960 square feet of canopy removed. This is equivalent to 7(2) inch caliper large species trees. The developer has requested and been approved to plant the trees on -site. 2. The mitigation trees will be located on lot 110, a common greenspace. Staff recommends planting all 7 trees before signature of Final Plat. These trees can not be located within any easements. If the timing of final plat is not conducive with the planting season, a delay can be approved by the Urban Forester. 3. A 3 -year bond, letter of credit, or check in the amount of $1,750 must be submitted before signature of final plat to ensure the continued maintenance of these mitigation trees. At the end of the 3 -year period, the Urban Forester will inspect the trees, finding 90% healthy, release the amount. Perimeter landscaping Side and rear property lines (5'landscaped) Shade trees as described in street tree planting standards, Parking lot adjacent to R.O.W.- continuous planting of shrubs -at least 8 per tree- and ground cover -50% evergreen) Greenspace adjacent to street R.O.W. NA Large street trees planted every 30' L.F. along R.O.W. NA I 25% of total site area left in greenspace (80% landscape) NA Parking lots and outdoor storage screened with landscaping Residential Subdivisions- 1 large species shade tree/ lot tree y y planted within R.O.W. if possible Nonresidential Subdivision- i large species shade tree/3o L.F. NA tree planted within i -2 ' reens ace NA Urban Tree Wells -urban streetscape only-iofoot sidewalk Structural Soil -if urban wells are used, a note or detail of structural NA soil must be indicated on the landscape plan N y Timing of planting indicated on plans (subdivisions only) N y Written description of the method for tracking plantings NA t deciduous or evergreen tree/ 3000 square feet NA 4 large shrubs (3 gal) or small trees / 3000 square feet NA 6 shrubs or grasses (f gal) / 3000 square feet NA Ground cover unless seed or sod is specified NA 5o% of facility planted with grass or grass like plants Conditions of Approval: 1. The Landscape Plan will be required to be stamped by a licensed Landscape Architect within the state of Arkansas before construction documents will be approved. 2. Under Landscape Regulations Chapter 1'77, street trees must be bonded for a 3 year period. This bond is for the maintenance of the trees. This amount must be deposited with the City before issuance of a final certificate of occupancy. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 West Mountain St. Fayetteville, AR 72701 ENGINEERING DIVISION CORRESPONDENCE 479-575-8206 To: Jesse Fulcher, Planner June 27, 2007 From: Glenn E. Newman, Jr., P.E. Staff Engineer Re: Plat Review Comments (June 28, 2007 Subdivision Committee Meeting) Development: PZD 07-2613 Holcomb Heights Phase II Engineer: Appian Centre for Design Site Plan: 1. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 2. We have received an estimate for Rupple Road and the Connection to Rupple Road by Street 2. The estimate will be reviewed before Planning Commission Meeting. 3. We are in support of the following waivers requested by the applicant in the June 20th letter to Mr. Pate. (Attached) 4. Revise the cross slope of the public roadway so that the centerline and the top of curb match. Grading Plan: 5. All grading shall be set back a minimum of 5' from the property lines unless written permission is submitted from the adjacent property owner or a joint grading plan is submitted. Specifically south of the detention pond. Drainage Report: 6. This project is dependant on the resolution of the Phase I detention pond size and downstream capacity as approved by the Planning Commission. Engineering I of 1 a e eville ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TO: Andrew Garner, Planner FROM: Alison Jumper, Park Planner DATE: June 26, 2007 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3469 SUBJECT: Parks & Recreation Planning Commission Review Comments Meeting Date: July 9, 2007 Item: R-PZD 07-2613 Holcomb Heights Ph. II 245 Park District: NW Zoned: R-PZD Billing Name & Address: Nock / Broyles Development 4921 Clear Creek Blvd. Fayetteville, AR 72704 Land Dedication Requirement Money in Lieu Single Family @ .024 acre/ unit =_!acres _36_@ $960 per unit = $ 34,560 Multi Family @ .017 acre/ unit = .acres @ $680 per unit = $ COMMENTS: Parks and Recreation Advisory Board made a recommendation of accepting money in lieu of land for the park land dedication requirement for this development on May 7, 2007. This decision was based on the proximity of existing park land. Additionally the developer is providing POA owned and maintained greenspace within the development. Fees are due prior to building permits. R-PZDO- i [Jesse Fulcher - Subdivision Committee v '8-07 Page 1 From: Brian Pugh To: Fulcher, Jesse; Garner, Andrew Date: 6/22/07 10:02AM Subject: Subdivision Committee 6-28-07 07-2631DOLQ,stbrook PZD)_Solid Wastejests hou8es` 6 Ttavg addresses and street names of Clabber alGreen'sOne Mile R pactor I on okay, but sions for the h wn. Ple w dime ions. Al W teen usual) s a 6yd ca boa" un for'n e osure fo oard is shown n the plan . R-PZD (Holcomb Heights) Alley collection is at the discretion of Solid Waste Director. If at anytime Solid Waste feels service is not being provided in a efficient manner due to alleys being encumbered, front side collection or modified collection points will be required of the residents resulting in a loss of parking spaces. No parking allowed in alleys. Brian Pugh Waste Reduction Coordinator Fayetteville Solid Waste and Recycling 479-718-7685 479-444-3478 Fax Fayetteville Fire Department To: Andrew Garner and Jesse Fulcher Thru: Chief Tony Johnson Assistant Chief Bud Thompson From: Captain Dale Riggins Date: June 8, 2007 Re: Re -zoning review comments - Holcomb Heights. Phase II R-PZD 07-2613 (Holcomb Heights, Phase II) These 5.77 acres are covered by Engine 7 at 835 N Rupple. It is 3.1 miles from the station with an anticipated response time of 7.5 minutes. This long response time is due to Rupple Road being narrow and curvy. The improvements to Rupple Road should reduce the response times somewhat be we cannot estimate this at this time without the upgrades to the street. The Fire Department anticipates 8(5 EMS - 3 Fire/Other) calls for service per year once the development is completed and maximum build -out has occurred. The service impact of this type development will typically take eighteen months after the development is started, and the units begin to be occupied, to occur. There should be no adverse effects on our call volume to this development Please feel free to contact me if you have any questions. Dale Riggins Dale Biggins Captain Fayetteville Fire Department Holcomb Heights, Phase II Fayetteville Fire Department Date 6/4/2007 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed PZD 07-2613: Planned Zoning District (Holcomb Heights Phase II, 245): Submitted by Todd Jacobs Appian Center for Design for property located at E of Rupple Road, W of Phase I, would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. It is the opinion of the Fayetteville Police Department that this PZD will not substantially alter the population density and will not create an appreciable or undesirable increase in the load on police services nor will it create an appreciable increase in traffic danger or congestion. Sincerely, Captain William Brown Fayetteville Police Department PZD 07-2613: Planned Zoning District (HOLCOMB HEIGHTS rHASE II, 245): Submitted by TODD JACOBS APPIAN CENTER FOR DESIGN for property located at E OF RUPPLE ROAD, W OF PHASE I. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 5.77 acres. The request is for Phase II of a Residential Planned Zoning District with 36 single family lots proposed. Planner: Jesse Fulcher Public water is located adjacent to the site. There is an 8" waterline stubbed out from the subdivision to the south. Water service may need to be extended through the property at the time of development. Sanitary sewer is available to the site. There is an 8" stubbed out from the subdivision to the south. Sewer service may need to be extended through the property at the time of development. Improvements to the sewer system may be required dependent upon the demand placed by the development. The capacity of the existing main may need to be studied at the time of development The site has access to Salem Road and Weir Road. Salem is currently an mostly improved two lane paved roadway. Weir Road is an unimproved two lane highway. Street improvements will be evaluated with the proposed development. Standard improvements and requirements for drainage will be required for the development. PUNNING LANDSCAPE ARCHITECTURE URBAN DESIGN ENSINEERING APPIAN CENTRE FOR DESIGN June 20i°, 2007 Jeremy Pate Director of Current Planning City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 RE: Holcomb Heights, Phase II CC: Glen Newman P.E. Staff Engineer Jesse Fulcher Planner Matt Casey P.E. Assistant City Engineer Mr. Pate, Appian Centre for Design is writing to request waivers granting permission to: JUN 2a 2007 1. Construction curb return radii (CRR) of 20' on all interior street and alley intersections 2. Implement street cross sections different than those required by the current Master Street Plan standard with regards to street width, greenspace, and sidewalk width. 3. Construct a centerline radius of 70' at the curve of Public Street 2 at lot 89 and 90, and a centerline radius of 100' at the curve of Public Street 2 at lot 82 4. The option to use 18" curb versus the standard 24" curb 5. Construct curb return radii (CRR) of 30' (instead of 50' radius for collector streets) at the intersection of Public Street 2 and Rupple Road extension. Please consider the following as grounds for granting the waivers: 1. The request is to allow a 20' curb return radius (CRR) at all interior street intersections and alleys in order to reduce the speed of turning automobiles and to reduce the in -street walking distance required for pedestrians crossing the street. Excessive CRR allows traffic to take turns too fast, raising the design speed of streets to levels that are uncomfortable and unsafe for pedestrians. A 20' CRR will create a safe pedestrian environment that promotes walking and pedestrian safety. No above ground obstructions, such as fire hydrants, street lights, trees or traffic signs will be permitted with in fifteen feet (15') of an intersection of streets. Reinforced curbs and no parking zones will allow emergency apparatus to utilize curbs for their turning needs if the roadway is other wise restricted. 2. The request is for a waiver granting permission to design street cross sections differently than are required by the current Master Street Plan standard with regards to Holcomb Heights. Our proposed street cross sections are intended to create the backbone of what we hope will be a successful development. We hope our proposed street cross sections promote a strong connection within the community. We feel that the typical street cross sections meet the City Plan 2025 vision for Fayetteville and Holcomb Heights. Our ideal is that the community should be pedestrian -friendly and have strong community character and identity. We intended for Holcomb Heights streets to define this project, creating a sense of place and providing a safe environment for pedestrians. The proposed 23' street section is intended to allow for on -street parking. On -street parallel parking is designed to provide a safe environment for pedestrians on the sidewalk from moving vehicles in the traveled lanes and provide street activity while developing a sense of neighborhood and sense of place. 3. Due to site constraints, we are proposing a 70' centerline radius on Public Street 2 at lot 89 and 90 and also a 100' centerline radius at lot 82. These radii will prove adequate for the small amount of residential traffic on the street along with any service or emergency vehicles that may require access into this part of Holcomb Heights. 4. An 18" curb versus a standard 24" curb uses less concrete and is consistent with traditional neighborhood design in which aesthetics play a large role. 5. We are requesting a 30' CRR at the intersection of Holcomb Heights Public Street 2 and the future Rupple Road extension to match conditions proposed in Phase I of Holcomb Heights,instead of the city requirement of a 50' CRR for a collector street. Thank you for your time in considering this matter. I look forward to hearing from you. If you have any comments or questions, please do not hesitate to contact me. Sincerely, Todd Jacobs Appian Centre for Design, Inc. Director of Design One East Center Street Suite. 212 Fayetteville, AR 72701 Phone: 445-6009 Fax: 445-6050 Appian Centre for Design One East Center Street, Suite 212 Fayetteville, AR 72701 Office: (479) 445-6009 Fax: (479)445-6010 Opinion of Probable Cost - Rupple Road Improvement Half of 28' typ. street section (14') - Assessment #1 - Due to City at time of Final Platting of Phase II Rupple Road @ 6"/3"/2" 2' Undercut and install hillside 6Concrete Sidewalk Curb and gutter 24" RCP Curb Inlets Handicap Ramps w/ Tmnkated Domes Final dress up and seeding Fayetteville, AR - Holcomb Heights -Phase 11 Project Number 6070 July 5th, 2007 Quantity Unit Unit Cost Total 389 5 Y. $21.50 $8,363.50 389 CY. $12.00 $4,668.00 1500 S.F. $3.00 $4,500.00 167 L.F. $9.50 $1,586.50 250 L.F. $45.90 $11,475.00 I EACH $3,500.00 $3,500.00 2 EACH $500.00 $1,000.00 850 S.Y. $0.30 $255.00 Opinion of Probable Cost - Connection to Rupple Road from Public Street 2 Street section from cul-de-sac to Rupple Road - Assessment #2 - Due to City at time of Final Platting of Phase II Public Street 2 @ 8"/3" 2' Undercut and install hillside Curb and gutter Handicap Ramps w/ Trunkated Domes Quantity Unit Unit Cost Total 169 S.Y. $16.75 $2,830.75 169 C.Y. $12.00 $2,028.00 136 L.F. $9.50 $1,292.00 2 EACH $500.00 $1,000.00 • x 11 j.a`:.•eT lr .% "^IY N'un `.i .n. 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P taP [ S F;ri?Fet s eep rFea paA°f !i�! .! �! ! ►_!N if' ! ��1 1 ! ! !�'� k I �� II�i` j! !��! i"€`riaa ' rp3E# ixe1�il Fi aaP% F - $s7 Y T $ • a `q a4�Si� '�[yyeerFr '1 $ x₹ a $;1 $�tep�iipiir ;le it R 3'.;Ti t4 [ Ps:₹q¢ 11; Fl ia:ei�d- L• 3a Y€e b f •�I ! 4? ey F¢v Z l ra"`$5a 5» °4Na F °� isay S �' `4. rw aE CaCgdq "iyaiy g toC ' c ° Ep5$3A$ t. C-'1}o�l 8. `t A��$aq$6•i I" �= •—fig p$i 1p In y$ ed6Z•AA1$oEgg .^ �E ^ 3'$��"pp3 pgg gg "fA�z5a 1414$ t n'_ HOLCOMB HEIGTS BROYLES COMMERCIAL FUNDING, LLC `a ix Critical Path Design ` 8 8 a ?�i . " n • - nnn Tnnmv I IUC AnIIICTIICIT NORTHWEST ARKANSAS EDITION • Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Kate MacNaughton, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of City of Fayetteville: Ordinance No. 5 05 0 Was inserted in the Regular Editions on: August 18, 2007 Publication Charge: $110.78 Subscribed and sworn to before me This y of /3V9 u5t , 2007. Notary Publi yep State of Arkenvas Washington County My /antmission Expires 11/15/14 My Commission Expires: t ll,,5 l 1 `-t' **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED AUG 222007 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE r Saturday, August 18', 2007 - . - .---- ORDINANCE NO. 5030 .QC} WI ORDINANCE APPROVING VAC ANDY8 SUE- • 1 S9aV, FOR P BY RTY L CATS ) AND BRANDY OAKS ��� le FOR PROPERTY LOCATED AT 2350 BIG OAKS Y r DRIVE TO VACATE A PORTION OF A DRAINAGE EASEMENT ON THE SUBJECT PROPERTY, ARKANSAS d}2 WHEREAS, the Cay.Council has the allthonry .. I under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for cor- '-' y- porate purposes; and „ . - WHEREAS, the City Council has determined that the following described portion of the platted f62 i drainage easement is not required for corporate purposes; . ❑C NOW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF i l0 FAYETTEVILLE, ARKANSAS . . . ! ° Snd thefoil 1: That the City rai Council of the City of Fayetteville; Arkansas hereby vacates and abandons the following described drainage easement: R:: TT t See Exhibil"Battached hereto and made a pan hereof s ,3d Section 2: That a copy of this Ordinance duty certified by the City Clerk along with the map attached hereto and labeled Exhibit 'A" shall be filed in the officeot the Recorder of the County and record-. ed in the Deed Records of the County. - rII Section 3: That this vacation approval is subject to the Conditions of Approval as Follows and shell " not be in effect until all- conditions are met herein. 3D 1. The proposed easement vacation shall apply to the drainage easement only. All other existing gj73 easements shall remain In forcer - w p 2. Any relocation of existing utilities shall be at the-owner/developers expense.. - PASSED and APPROVED this 7th day of August, 2007. 'Ti • c: "� "' 03 APPROVED: ATTEST: t;- 3j By: By: r <. r}rr DAN COODY, Mayor - SONDRA E. SMITH, City Cletk/heeaunr. R. Exhibit A is a map and may be Hewed in the office of the city cledVlreasuror during normal business hours. .. ° - EXHIBIT "B" - - VAC 07-2638 "'" •: , s A PART OF LOT GIN BLOCK 10 OF THE EAST OAKS SUBDIVISION. PHASE II, AND BEING MORE IH9 PARTICULARLY DESCRIBED AS'FOLLOWS: r --+..•r BEGINNING AT A POINT THAT IS S89°43'01W 12.50 FEET FROM THE SOUTHEAST'CORNER OF SAID LOT 6, AND RUNNING THENCE 589°4301 W 55.00 FEET ALONG THE SOUTH LINE OF THE SAID LOP; THENCE LEAVING SAID SOUTH LINE AND RUNNING N00°36'05W 99.75 FEET TO THE i NORTH LINE OF SAID LOT; THENCE N89°3115'E 15.74 FEET -ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE AND RUNNING TO AND ALONG A WOODEN FENCE LINE +m THE FOLLOWING: S14°2916E 15.25 FEET, S35°3654E 27.58 FEET, S01°28'25W 4.56 FEET, ' f I 544°3716'E 28.70 FEET TO THE WESTUNEOFA12.5FOOTWIDECITYOFFAYEIILVILLEUTIL- SIX ITY EASEMENT; THENCE LEAVING SAID FENCE LINE AND RUNNING SW°3605'E 37.43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR ' LESS, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. } i92 RECEIVED AUG 22 2007 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE j8.14.07) 07) Clarice Pearman - Ords 5042-5044 and 5048-5052 Page_1J J From: Clarice Pearman To: Pate, Jeremy Date: 8.14.07 4:13 PM Subject: Ords. 5042 - 5044 and 5048 - 5052 Attachments: 5052 Abshier Heights 166.20 waiver.pdf; 5043 R-PZD 07-2578 Bailey Meadows.p df; 5044 Amend Ch 171 & 172.pdf; 5048 RZN 07-2637 Starks.pdf; 5049 R-PZD 07 -2613 Holcomb Heights Il.pdf; 5050 VAC 07-2638 Estes.pdf; 5051 VAC 07-2639, Four Seasons.pdf; 5042 Amend Ch 161 Zoning Regs.pdf CC: Audit; GIS Jeremy: Attached are the ordinances passed by City Council, August 7, 2007 generated by the Planning Division. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 coearman( ci favetteville ar. us