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HomeMy WebLinkAboutOrdinance 5075 Doc ID : 011638120006 TVD* : REL Recorded : 12/17/2007 at 11 : 24 : 28 AM Fee Amt : $40 . 00 Paoe 1 of 6 Mashlnoton Countv . AR Bette Stamoe Circuit Clerk F11e2007-00045812 ORDINANCE NO, 5075 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 07-2726 THE SUNSHINE HOUSE, LOCATED AT 2460 NORTH OLD WIRE ROAD, CONTAINING APPROXIMATELY 1 .95 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single Family, 4 units per acre to C-PZD 07-2726 The Sunshine House 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 I above. , RK/T . S '', PASSED and APPROVED this 6a' day of November, 2007. ; FAYETTEVILLE ; APPROV ATTEST: ". r�. ,� 5 KAN` p JoQ ' J?� [lI -�4— l�C 'GTGN By: By: : „ : ` DAN COODY, ayor SONDRA E. SMITH, City Clerk/Treasurer A EXHIBIT "B" C-PZD 07-2726 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN WHICH IS N01025102"E 207.00' FROM A POINT, LOCATED AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S89045 ' 15"W 240.91 ' TO A FOUND IRON PIN, THENCE S 110001 1455W 125.42' TO A FOUND IRON PIN, THENCE N440411249W 103 .37' TO A FOUND IRON PIN, THENCE N55002'0615W 78.88' TO A FOUND IRON PIN, LOCATED ON THE SOUTH RIGHT-OF-WAY OF OLD WIRE ROAD, THENCE ALONG SAID ROAD RIGHT-OF-WAY N42°55 ' 13"E 168.51 ' TO A FOUND PIN, N51 °06'07"E 380.67' TO A FOUND IRON PIN, THENCE LEAVING SAID ROAD RIGHT- OF-WAY SOI 025102"W 357.09' TO THE POINT OF BEGINNING. CONTAINING IN ALL 1 .95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 1 of 3 Conditions of approval associated with R-PZD 07-2726 (Sunshine House): 1 . Determination of street improvements. Based on the vehicular and pedestrian traffic generated from this development with a future maximum of 60 children and 30 employees, staff recommends the following street improvements: a. Street Improvements: Planning and Engineering Staff have evaluated the overall traffic impact that would occur as a result of the proposed Commercial Planned Zoning District use of this site for a daycare facility. The current request would allow up to 40 children (plus the ratio of required employees) at the facility, with up to a maximum of 60 children in the future phases. Based upon ITE trip generation numbers, a 40-child daycare facility will generate approximately 181 24-hour, two- way vehicle trips; a facility with 60 children will generate approximately 271 vehicle trips per day. Staff has compared the traffic volume generated by the proposed use (excluding the assumed 10 trips per day generated by the existing single family house) to the design service volume of Old Wire Road, at 6,000 vehicles per day (VPD). This ratio is then assigned a cost of the required street improvements (widening the street, curb, gutter, sidewalk, etc.). Staff is recommending, based on the applied conservative rational nexus calculation, that with the initial 40-child facility, the applicant must contribute $ 10,561 .40, prior to Certificate of Zoning Compliance and Occupancy for the first phase of development utilizing the square footage of the existing building, a new 11 -space parking lot, and a maximum of 40 children. Should the facility be expanded to the maximum 60 children, the total shall be $ 16, 120.00 ($5,558.60 in addition to the previous amount). A memo indicating the calculation is attached. b. Future Phases. If the building and 11 -space parking lot expands, or the permit is changed to accommodate greater than 40 children, the project will be required to go through Large Scale Development review. Additional assessments for street improvements will be evaluated and will likely require an additional assessment. The rational nexus calculation currently presented anticipates an additional $5,558.60 for the addition of 20 children, for a grand total of 1 12 .00 for a 60-child daycare facility. City Council determined in favor. 2. Right-of-way dedication in the amount of 35 feet from centerline along Old Wire Road prior to issuance of permits to construct the new parking lot. This may be dedicated by easement plat or separate document. 3 . Approval of this C-PZD grants approval for a new 11 -space parking lot and 1 ,809 square foot fenced play area on the property as indicated on the Master Development Plan plat. This initial phase of development grants approval for a daycare to be operated out of the existing square footage of the building with a maximum of 40 children, or the number approved by the State licensing board, whichever is less. The new 11 -space parking lot shall be required to obtain parking lot and grading permits in accordance with Fayetteville Unified Development Code requirements for tree preservation, landscaping grading, and parking lot CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 2 of 3 design standards. 4. Any development on the property beyond the 11 -space parking lot, existing square footage of the house, or 40 children shall be required to go through Large Scale Development review and approval. Expansions on the property shall be limited to providing a child care facility with a maximum of 60 children, under the proposed C-PZD. 5 . Prior to issuance of Certificate of Occupancy, the daycare facility shall be inspected and approved by the Fayetteville Fire Department and all requirements of the State and National Fire Codes shall be met. Written verification from the Fire Department shall be provided to the Planning Division. 6. Any expansion of the residential structure on the property shall be reviewed by Planning staff to ensure that the architectural style is consistent and compatible with the existing house. 7. A maximum of 22 children are allowed at one time within the 1 ,809 sq. ft. outdoor play area. If the play area is expanded, then the maximum number of children allowed will be based on a minimum of 80 square feet per child. A revised site plan shall be submitted for approval prior to expansion of the play area. 8. A 25 ' greenspace buffer shall be maintained along property lines directly adjacent to single family residences. 9. All trash receptacle(s) utilized by this structure shall be stored within the structures on- site, or, if located outside, it shall be screened on all sides with access not visible from the street or adjacent properties. If a dumpster is required or proposed, screening shall be provided that is constructed of materials that are compatible with and complimentary to the building. Staff shall review the dumpster screen and materials prior to building permit. 10. A Certificate of Zoning Compliance shall be required prior to the start of operations of the child care facility. 11 . A Certificate of Zoning Compliance shall not be issued until: the necessary fencing has been installed and inspected to provide a minimum of 1 ,809 square feet of enclosed, outdoor play space, and the parking lot with a maximum of 11 spaces, sufficient for the number of children and employees approved by the State licensing board, has been constructed and inspected. 12. Prior to the issuance of a Certificate of Zoning Compliance the applicant shall provide a copy of an approved license from the Department of Health and Human Services for a child care facility. 13. Prior to issuance of a Certificate of Zoning Compliance or Occupancy a public sewer line must be extended to the property, the child care facility connected to City sewer service and the sewer service inspected and approved. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 3 of 3 14. As indicated in the proposed zoning criteria, signage shall be limited to one sign on the house or in the driveway to list the name of the business and hours of operation on a two-foot by two-foot wooden sign. The sign shall meet the required setbacks for freestanding signs in R- O zoning district from Chapter 174 of the Unified Development Code. 15 . 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. 16. Prior to this item being placed on the City Council agenda, comments from the City GIS Division regarding the legal description and State Plane Coordinates shall be adequately addressed. 17. 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). Washington County, AR I certify this instrument was filed on 12/17/2007 11 :24:28 AM and recorded in Real Estate File Number 2007-0004581 BetteStamps - Circuit le by City of Fayetteville 1116162 Staff Review Form �� � J City Council Agenda Items 5 or eI� 0? '� Contracts - PZ 6-Nov-07 h h I nt City Council Meeting Date Jeremy Pate °' Planning Operations Submitted By Division Department Action Required: C-PZD 07-2726: The Sunshine House Daycare, 292: Submitted by Greg and Angie Landers for property located at 2460 North Old Wire Road containing approximately 1 .95 acres. The request is for re-zoning and land use approval for a Commercial Planned Zoning District to allow a child care facility on the property. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name Na n/a Na Account Number Funds Used to Date Program / Project Category Name Na n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a (2 . 0'1 Department rector Date Original Contract Date: Na Original Contract Number: n/a City Attorney Received in Ci Clerk's Office i� Q rdv toIS -0 ? � Finance nd Internal Service Director Date Received in Mayor• to Mayor Date Comments: City Council Meeting of November 6, 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: October 11 , 2007 Subject: Commercial Planned Zoning District for Sunshine House (C-PZD 07-2726) RECOMMENDATION Planning Staff and the Planning Commission recommend approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for Sunshine House, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a daycare facility on approximately 1 .95 acres located at 2460 Old Wire Road, approximately 200 feet north of Township Street. BACKGROUND The property contains approximately 1 .95 acres and is developed for one single family residence and accessory structure. The property is one lot to the north (approximately 200 . feet) from the busy intersection of Township Street and Old Wire Road. The large yard on the site is generally screened from public view with a large number of mature trees and underbrush on the perimeter property lines. The property has direct pedestrian access to Gulley Park, approximately 200 feet to the east. The property is directly adjacent to the Old Wire Church of Christ and is approximately 100 feet from a professional office being operated out of a residential structure (log cabin) at the intersection of Old Wire/Township. The other surrounding land uses are single family residential. The request is for rezoning and land use approval only for a Master Development Plan of a Commercial Planned Zoning District for daycare with a maximum of 60 children and 30 employees. As part of the initial start-up and first phase of the operation of the business, the existing approximately 3, 100 square foot house would be utilized for the child care facility with a maximum of 40 children, with appropriate safety features installed in the house and fire department inspections and approvals. The applicant has shown a new II -space parking lot in the front yard, and a fenced 1 ,809 square foot play area in the back yard. If the business grows outside of the current house, 1I -space parking lot as shown on the plat, or over 40 children, it would be required to go through Large Scale Development review. DISCUSSION On October 8, 2007 the Planning Commission voted 6-0-0 in favor of forwarding this request to the City Council. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 07-2726 THE SUNSHINE HOUSE, LOCATED AT 2460 NORTH OLD WIRE ROAD, CONTAINING APPROXIMATELY 1 .95 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From RSF-4, Residential Single Family, 4 units per acre to C-PZD 07-2726 The Sunshine House 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 I above. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "B" C-PZD 07-2726 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A FOUND IRON PIN WHICH IS NO 025102"E 207.00' FROM A POINT, LOCATED AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S89°45 ' 15"W 240.91 ' TO A FOUND IRON PIN, THENCE S 11000914"W 125.42' TO A FOUND IRON PIN, THENCE N44041124"W 103 .37' TO A FOUND IRON PIN, THENCE N5500290611W 78.88' TO A FOUND IRON PIN, LOCATED ON THE SOUTH RIGHT-OF-WAY OF OLD WIRE ROAD, THENCE ALONG SAID ROAD RIGHT-OF-WAY N42°55' 13"E 168.51 ' TO A FOUND PIN, N51 °06'07"E 380.67' TO A FOUND IRON PIN, THENCE LEAVING SAID ROAD RIGHT-OF-WAY SOI °25'02"W 357.09' TO THE POINT OF BEGINNING. CONTAINING IN ALL 1 .95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 1 of 3 Staff recommends the following conditions of approval associated with R-PZD 07-2726 (Sunshine House). 1 . Planning Commission determination of street improvements. Based on the vehicular and pedestrian traffic generated from this development with a future maximum of 60 children and 30 employees, staff recommends the following street improvements: a. Street Improvements: Planning and Engineering Staff have evaluated the overall traffic impact that would occur as a result of the proposed Commercial Planned Zoning District use of this site for a daycare facility. The current request would allow up to 40 children (plus the ratio of required employees) at the facility, with up to a maximum of 60 children in the future phases. Based upon ITE trip generation numbers, a 40-child daycare facility will generate approximately 181 24-hour, two- way vehicle trips; a facility with 60 children will generate approximately 271 vehicle trips per day. Staff has compared the traffic volume generated by the proposed use (excluding the assumed 10 trips per day generated by the existing single family house) to the design service volume of Old Wire Road, at 6,000 vehicles per day (VPD). This ratio is then assigned a cost of the required street improvements (widening the street, curb, gutter, sidewalk, etc.). Staff is recommending, based on the applied conservative rational nexus calculation, that with the initial 40-child facility, the applicant must contribute $ 10,561 .40, prior to Certificate of Zoning Compliance and Occupancy for the fust phase of development utilizing the square footage of the existing building, a new 11 -space parking lot, and a maximum of 40 children. Should the facility be expanded to the maximum 60 children, the total shall be $ 16, 120.00 ($59558.60 in addition to the previous amount). A memo indicating the calculation is attached. b. Future Phases. If the building and 11 -space parking lot expands, or the permit is changed to accommodate greater than 40 children, the project will be required to go through Large Scale Development review. Additional assessments for street improvements will be evaluated and will likely require an additional assessment. The rational nexus calculation currently presented anticipates an additional $5,558.60 for the addition of 20 children, for a grand total of $ 16. 120.00 for a 60-child daycare facility. 2. Right-of-way dedication in the amount of 35 feet from centerline along Old Wire Road prior to issuance of permits to construct the new parking lot. This may be dedicated by easement plat or separate document. 3 . Approval of this C-PZD grants approval for a new 11 -space parking lot and 1 ,809 square foot fenced play area on the property as indicated on the Master Development Plan plat. This initial phase of development grants approval for a daycare to be operated out of the existing square footage of the building with a maximum of 40 children, or the number approved by the State licensing board, whichever is less. The new 11 -space parking lot shall be required to obtain parking lot and grading permits in accordance with Fayetteville Unified Development Code requirements for tree preservation, landscaping grading, and parking lot design standards. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 2 of 3 4. Any development on the property beyond the 11 -space parking lot, existing square footage of the house, or 40 children shall be required to go through Large Scale Development review and approval. Expansions on the property shall be limited to providing a child care facility with a maximum of 60 children, under the proposed C-PZD. 5 . Prior to issuance of Certificate of Occupancy, the daycare facility shall be inspected and approved by the Fayetteville Fire Department and all requirements of the State and National Fire Codes shall be met. Written verification from the Fire Department shall be provided to the Planning Division. 6. Any expansion of the residential structure on the property shall be reviewed by Planning staff to ensure that the architectural style is consistent and compatible with the existing house. 7. A maximum of 22 children are allowed at one time within the 1 ,809 sq. ft. outdoor play area. If the play area is expanded, then the maximum number of children allowed will be based on a minimum of 80 square feet per child. A revised site plan shall be submitted for approval prior to expansion of the play area. 8. A 25 ' greenspace buffer shall be maintained along property lines directly adjacent to single family residences. 9. All trash receptacle(s) utilized by this structure shall be stored within the structures on- site, or, if located outside, it shall be screened on all sides with access not visible from the street or adjacent properties. If a dumpster is required or proposed, screening shall be provided that is constructed of materials that are compatible with and complimentary to the building. Staff shall review the dumpster screen and materials prior to building permit. 10. A Certificate of Zoning Compliance shall be required prior to the start of operations of the child care facility. 11 . A Certificate of Zoning Compliance shall not be issued until: the necessary fencing has been installed and inspected to provide a minimum of 1 ,809 square feet of enclosed, outdoor play space, and the parking lot with a maximum of i I spaces, sufficient for the number of children and employees approved by the State licensing board, has been constructed and inspected. 12. Prior to the issuance of a Certificate of Zoning Compliance the applicant shall provide a copy of an approved license from the Department of Health and Human Services for a child care facility. 13. Prior to issuance of a Certificate of Zoning Compliance or Occupancy a public sewer line must be extended to the property, the child care facility connected to City sewer service and the sewer service inspected and approved. CONDITIONS OF APPROVAL: R-PZD 07-2726 Page 3 of 3 14. As indicated in the proposed zoning criteria, signage shall be limited to one sign on the house or in the driveway to list the name of the business and hours of operation on a two -foot by two -foot wooden sign. The sign shall meet the required setbacks for freestanding signs in R - O zoning district from Chapter 174 of the Unified Development Code. 15. 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. 16. Prior to this item being placed on the City Council agenda, comments from the City GIS Division regarding the legal description and State Plane Coordinates shall be adequately addressed. 17. 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). {a e eville Y ARKANSAS THE CITY OF FAYETTEVILLE. ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: October 2,2007 October 11, 2007 Planning Commission Meeting October 8, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575.8267 C-PZD 07-2726: Planned Zoning District (THE SUNSHINE HOUSE, 292): Submitted by GREG & ANGIE LANDERS for property located at 2460 N. OLD WIRE ROAD. The property is zoned RSF-4, SINGLE FAMILY- 4 UNITS/ACRE and contains approximately 1.95 acres. The request is for re -zoning and land use approval for a Commercial Planned Zoning District to allow a child care facility on the property. Property Owner: Albert Erbach Planner: Andrew Garner Findings: Property Description and Setting: The subject property consists of approximately 1.95 acres located on the east side of Old Wire Road, approximately feet 200 north of Township Street. The intersection of Old Wire Road and Township Street is a very busy signalized intersection at the crossroad of two collector streets providing major north -south and east -west connectivity through north -central Fayetteville. The property is zoned RSF-4, and is developed for one single family residence and accessory structure, addressed at 2460 Old Wire Road. The large yard on the site is generally screened from public view with a large number of mature trees and underbrush on the perimeter property lines. The property is approximately 200 feet west of Gulley Park, a 27 -acre community park. Surrounding zoning and land uses are depicted in Table 1. Table I Surroundina Land UselZonina: Direction from Site Land Use Zoning North Old Wire Church of Christ RSF-4 South, East and West Single Family Residential RSF-4 Proposal: The applicant requests rezoning and land use approval of a Commercial Planned Zoning District (C-PZD) to allow for a child care facility on the property. The applicant anticipates that at maximum capacity the property would be able to accommodate 60 children K: IReportst20071PC Reporut 10-08-071R-PZD 07-2726 (Sunshine House).doc and 30 employees. As part of the initial start-up and first phase of the operation of the business, the existing approximately 3,100 square foot house would be utilized for the child care facility with a maximum of 40 children, with appropriate safety features installed in the house and fire department inspections and approvals. The applicant has shown a new I1 -space parking lot in the front yard, and a fenced 1,809 square foot play area in the back yard on the submitted Master Development Plan plat. If the business grows outside of the current house, 11 -space parking lot as shown on the plat, or over 40 children, it would be required to go through Large Scale Development review. Access: Access to the site is provided directly to Old Wire Road off of the existing circle driveway to the house. The new 11 -space parking lot would be accessed off of the driveway. No new streets are proposed. Phasing: There is not specific phasing or timing requirements for this project. The applicant has indicated that as part of the initial start-up a new parking lot would be required to accommodate child drop off and employee parking, and an 1,809 square foot play area would be required to be fenced. The existing house and new parking lot could accommodate a maximum of 40 children, depending on permits from the state. If the business grows beyond those numbers, additional parking and an addition to the house may be needed, as determined by City ordinance and State Health Department permits. Construction of the parking lot as indicated on the Master Development Plan plat would require parking lot and grading permits. Any expansion beyond the footprint of the existing house, the 11 -space parking lot, or 40 children would be required to go through Large Scale Development approval. It is not anticipated that the 1,809 square foot play area would be required to be expanded because only a specific number of children would be in the play area in a time (approximately 22 children), and the play times . Would be staggered based on the ages of the children. There are not time limits for construction of the improvements, only that they take place prior to operation of the business. Water & Sewer: Water lines are available to the property. Public sewer lines are not readily available to the property, but are nearby to the east and west. Public sewer service would be required to be extended to the property prior to operation. Adjacent Master Street Plan Streets: Old Wire Road (Collector Street) Tree Preservation: This PZD does not propose development at this time besides that of a new 11 -space parking lot. The applicant has indicated that no trees are affected with this PZD request at this time. A tree preservation plan is required to be approved by the Urban Forester prior to issuance of grading and parking lot permits. Should the development be expanded beyond the 11 -space parking lot it would be required to go through Large Scale Development review and would require a new tree preservation plan. Public Comment: Staff has not received comments from surrounding property owners. Police and Fire Service: The Fayetteville Police and Fire Departments reviewed this rezoning request and concluded that adverse impacts to provision of service would not occur. K.:IReporu110071PC Reportrl (0-08-071R-PZD 07-2726 (Swuhine House).doc Recommendation: Staff recommends forwarding R-PZD 07-2726 to the full City Council with a recommendation for approval with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Based on the vehicular and pedestrian traffic generated from this development with a future maximum of 60 children and 30 employees, staff recommends the following street improvements: a Street Improvements: Planning and Engineering Staff have evaluated the overall traffic impact that would occur as a result of the proposed Commercial Planned Zoning District use of this site for a daycare facility. The current request would allow up to 40 children (plus the ratio of required employees) at the facility, with up to a maximum of 60 children in the future phases. Based upon ITE trip generation numbers, a 40 -child daycare facility will generate approximately 181 24 -hour, two-way vehicle trips; a facility with 60 children will generate approximately 271 vehicle trips per day. Staff has compared the traffic volume generated by the proposed use (excluding the assumed 10 trips per day generated by the existing single family house) to the design service volume of Old Wire Road, at 6,000 vehicles per day (VPD). This ratio is then assigned a cost of the required street improvements (widening the street, curb, gutter, sidewalk etc.). Staff is recommending, based on the applied conservative rational nexus calculation, that with the initial 40 -child facility, the applicant must contribute $10561.40. prior to Certificate of Zoning Compliance and Occupancy for the first phase of development utilizing the square footage of the existing building, a new I1 -space parking lot, and a maximum of 40 children. Should the facility be expanded to the maximum 60 children, the total shall be $16,120.00 ($5,558.60 in addition to the previous amount). A memo indicating the calculation is attached. b. Future Phases. If the building and 11 -space parking lot expands, or the permit is -changed to accommodate greater than 40 children, the project will be required to go through Large Scale Development review. Additional assessments for street improvements will be evaluated and will likely require an additional assessment. The rational nexus calculation currently presented anticipates an additional $5,558.60 for the addition of 20 children, for a grand total of $16.120.00 for a 60 - child daycare facility. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (10/08/07). 2. Right-of-way dedication in the amount of 35 feet from centerline along Old Wire Road prior to issuance of permits to construct the new parking lot. This may be dedicated by easement plat or separate document. 3. Approval of this C-PZD grants approval for a new 11 -space parking lot and 1,809 square foot fenced play area on the property as indicated on the Master Development Plan plat. This initial phase of development grants approval for a daycare to be operated out of the existing square footage of the building with a maximum of 40 children, or the number K:IReporu1200TPC Reporvl t 0-08-07 R-PZD 07-2726 (Swuhine noure).dnc approved by the State licensing board, whichever is less. The new l l -space parking lot shall be required to obtain parking lot and grading permits in accordance with Fayetteville Unified Development Code requirements for tree preservation, landscaping grading, and parking lot design standards. 4. Any development on the property beyond the 11 -space parking lot, existing square footage of the house, or 40 children shall be required to go through Large Scale Development review and approval. Expansions on the property shall be limited to providing a child care facility with a maximum of 60 children, under the proposed C- PZD. Prior to issuance of Certificate of Occupancy, the daycare facility shall be inspected and approved by the Fayetteville Fire Department and all requirements of the State and National Fire Codes shall be met. Written verification from the Fire Department shall be provided to the Planning Division. 6. Any expansion of the residential structure on the property shall be reviewed by Planning staff to ensure that the architectural style is consistent and compatible with the existing house. 7. A maximum of 22 children are allowed at one time within the 1,809 sq. ft. outdoor play area. If the play area is expanded, then the maximum number of children allowed will be based on a minimum of 80 square feet per child. A revised site plan shall be submitted for approval prior to expansion of the play area. 8. A 25' greenspace buffer shall be maintained along property lines directly adjacent to single family residences. 9. All trash receptacle(s) utilized by this structure shall be stored within the structures on - site, or, if located outside, it shall be screened on all sides with access not visible from the street or adjacent properties. If a dumpster is required or proposed, screening shall be provided that is constructed of materials that are compatible with and complimentary to the building. Staff shall review the dumpster screen and materials prior to building permit. 10. A Certificate of Zoning Compliance shall be required prior to the start of operations of the child care facility. 11. A Certificate of Zoning Compliance shall not be issued until: the necessary fencing has been installed and inspected to provide a minimum of 1,809 square feet of enclosed, outdoor play space, and the parking lot with a maximum of I l spaces, sufficient for the number of children and employees approved by the State licensing board, has been constructed and inspected. 12. Prior to the issuance of a Certificate of Zoning Compliance the applicant shall provide a copy of an approved license from the Department of Health and Human Services for a K: IReports120071PC Repornst/O-08-071R-PZD 07-2726 (Sunshine House).doc child care facility. 13. Prior to issuance of a Certificate of Zoning Compliance or Occupancy a public sewer line must be extended to the property, the child care facility connected to City sewer service and the sewer service inspected and approved. 14. As indicated in the proposed zoning criteria, signage shall be limited to one sign on the house or in the driveway to list the name of the business and hours of operation on a two - foot by two -foot wooden sign. The sign shall meet the required setbacks for freestanding signs in R -O zoning district from Chapter 174 of the Unified Development Code. 15. 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. 16. Prior to this item being placed on the City Council agenda, comments from the City GIS Division regarding the legal description and State Plane Coordinates shall be adequately addressed. Standard Conditions of Approval: 17. 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). Planning Commission Action: ❑ Denied ❑ Tabled X Forwarded to C.C. Motion: Ostner Second: Mvres Vote: 6-0-0 Meeting Date: October 8, 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 K: %Repwtt120071PC ReporteU0-08-0718-PZD 07-2726 (Sunshine House).doc Findings associated with MDP R-PZD 07-2726 (Sunshine House) 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 Planned Zoning District criteria established by the City Council The Future Land Use Plan adopted as part of City Plan 2025 designates this vicinity Residential Neighborhood Area. Rezoning this property to R-PZD 07-2726 for a child care facility to be operated out of the existing single family residence on the property is consistent with the land use plan and compatible with surrounding single family residential, church, and park uses. Child care facilities are an essential piece of a complete neighborhood. The proposed business would retain the general appearance of a single family residence with a large yard and dense cover of tree canopy and vegetation. The outdoor play area would be located behind the house, and the new parking lot that would be screened from the street with trees and shrubs. The existing infrastructure and public services are adequate to support a child care facility on this busy roadway; with the exception of converting the sewer service for the residence from a septic system to public sewer, which will be required prior to operation. This property is less than 200 feet from the busy intersection of Old Wire Road and Township Street, and from Gulley Park, a 27 -acre regional park. In addition this property is located approximately 100 feet from a professional office being operated out of a residential structure (log cabin) at the intersection of Old Wire/Township and is adjacent to a church. (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. - (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. As stated in Finding No. 1, public services are adequate to serve the child care facility on the property. Existing public services are currently provided to the existing single family residence on the property. Sewer service to the residence on the property is provided by a septic system. This would have to be upgraded and the residence connected to public sewer service prior to its use for K:IReporu120071PC Reporut I0-08-0718-PZD 07-2726 (Sunshine Houre).doc a child care facility. Staff is recommending assessment for street improvements to Old Wire Road, in proportion to the traffic generated by the proposed development. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, would allow a child care facility to be operated out of the existing residential structure on the property, with adequate parking for child drop off and pick up and employee parking. The designated play area for the children would be behind the house and not visible from public viewpoints, and the signage allowed under the zoning would be an unobtrusive two - foot by two -foot wooden sign. A maximum of 60 children and 30 employees would be allowed under this zoning. This lot is fairly isolated and buffered from other residences as it is located on a very busy street and surrounded by dense tree canopy. There is an existing church to the east with Gulley Park further to the east. There are two single family residences on the adjacent parcels to the south, however these residences are generally located down the hill from the subject property, and buffered by existing dense tree canopy. There are adjacent single family residences across Old Wire Road from the subject property, however these residences do not face towards Old Wire Road and are blocked by walls of privacy fence. There is a high volume of traffic on Old Wire Road, a Collector Street. Staff fmds that the proposed PZD would provide compatibility and transition with the surrounding uses in this area including single family residential, professional office, church, and park uses. This child care facility would complement the existing residential and non-residential uses in the neighborhood. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The subject property is developed for one single family residence on approximately 1.95 acres. A large portion of the property, including the existing house, is highly not visible from public right-of-way due to dense tree canopy and vegetation. The appearance of residential use of the property would generally be retained with project, with exception of the parking area. Although the parking area would be screening trees and shrubs in a minimum 15 foot buffer adjacent to Old Wire Road. The natural environment is suitable for the type of development proposed. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: The intended land use, child care facility, will impact the existing traffic conditions. The existing adjacent street infrastructure (Old Wire Road) is an unimproved two-lane paved road that carries a high volume of traffic near the busy, signalized intersection at Old Wire Road and Township Street. The first phase of this development would involve constructing an 11 -space parking lot, and utilizing the existing residence for a child care facility with a maximum of 40 children. For this first phase staff recommends money -in -lieu of street improvements to Old Wire Road along the entire 549 feet of street K: LReponsU0071PC ReporesI0-08-071R-PZD 07-2726 (Sunshine HouseJ.doc frontage along Old Wire Road ($10,561.40). If the project expands beyond an 11 -space parking lot, the existing square footage of the residence, or beyond 40 children, the project would be required to go through Large Scale Development Review. As part of this secondary phase staff would likely recommend additional assessments for full street improvements to Old Wire Road along the entire project frontage including pavement, curb, gutter, storm drainage, and street lights based on the impact of the this development to the street system. This would likely be an increase of $5,558.60 for a grand total of $16,120.00 for the 60 -child facility. With these improvements staff finds that the amount of traffic generated by this PZD would be able to be accommodated by the supporting road network. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: The booklet and master development plans submitted provide for said unified development control. (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 fiuther the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. FINDING: The proposed Sunshine House PZD provides for a child care facility in a busy residential area in the vicinity of the intersection of Old Wire Road and Township Street, Gulley Park and a professional office. Access would be provided for the child care facility through the existing driveway onto Old Wire Road. The location of the existing driveway provides adequate sight distance to the north and south along Old Wire Road. The driveway does not line up directly with East Century Drive across Old Wire Road. However, as East Century Drive is a dead-end street with only 12 single family residences, staff does not anticipate adverse traffic impacts resulting from the existing driveway on the subject property being used for a child care facility. There is a large amount of existing K:1Reportr120071PC Reporu110-08-071R-PZD 07-2726 (Sunshine House).doc tree canopy and vegetation, and as indicated in the PZD booklet will be largely retained. A tree preservation plan and landscape plan will be required prior to issuance of permits to develop the parking lot, and will ensure that tree preservation is maximized and the parking lot is screened with trees and shrubs. Providing a child care facility in this largely residential area will provide needed services to the residential and non-residential uses in the neighborhood and greater Fayetteville area. The proposal retains the residential appearance of the property ensure this project's compatibility and transition with surrounding land uses. Staff recommends that this proposal will further the health, safety, amenity and welfare of the community. (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 and landscaping will be required for the new parking lot in accordance with ordinance requirements. The parking lot will be screened with trees and shrubs in a minimum 15 -foot greenspace adjacent to Old Wire Road. A landscape and tree preservation plan will be required to be submitted prior to issuance of construction permits for the parking lot. The large amount of tree canopy on the perimeter and throughout the perimeter is not anticipated as being impacted, due to the minimal amount of development proposed. In addition, staff recommends that a 25' greenspace buffer be maintained along property lines directly adjacent to single family residences. Should this applicant ever wish to expand the parking lot or house it would be required to go through Large Scale Development review requiring subsequent landscape and tree preservation plans. (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, K:IReporu120071PC Repuru110-08-07%R-PZD 07-2726 (Sunshine nouse) .dac 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. (I) 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: As stated in Finding B.1, access to the childcare facility will be provided directly to Old Wire Road in accordance with Fayetteville Unified Development Code requirements. As part of the parking lot permit review, the existing driveway may require improvements to be brought up to code based on the parking lot proposed. This may result in slight relocation and reconstruction of the driveway, based on City ordinance. (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 will be provided for the child care facility in accordance with City ordinance. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: This requirement has been met. (6) Sidewalks. As required by § 166.03. FINDING: Sidewalk requirements will be met in accordance with Fayetteville Unified Development Code Section 171.12. Staff recommends contribution of money in lieu for the sidewalk, as currently recommended by the Sidewalk Administrator. Staff recommends that the contribution be pro -rated based as the project develops. (7) Street Lights. As required by § 166.03. FINDING: This PZD is not subject to the street light requirements at this time. However, with future expansion through the Large Scale Development Process, street lights will be required to be installed at a maximum spacing of 300 feet along Old Wire Road. (8) Water. As required by § 166.03. FINDING: Public water lines are available along Old Wire Road. K:VteporM10071PC ReparisV 0-08-0718-PZD 07-2726 (Sunshine nouse).dac (9) Sewer. As required by § 166.03. FINDING: Public sewer lines are not available along Old Wire Road, but are available approximately 200 to the west under East Century Drive. A public sewer line would be required to be extended to the subject property and the residence connected to public sewer service prior to operation as a child care facility. (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." (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 K: IReportr120071PC Reportr110-08-0718-PZD 07-2726 (Sunshine noua).doc 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: The applicant does not propose public or private streets. (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: Not applicable. This is not a residential PZD. K: IReports120071PC Reponsl0-08-071R-PZD 07-2726 (Sunshine House).doc (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. FINDING: A Tree Preservation Plan is required prior to issuance of construction permits for parking lot, and prior to any subsequent development on the property. Tree canopy to be preserved shall be 25%, pursuant to Chapter 167 of the Unified Development Code (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 proposed zoning criteria specifies that the existing house will be retained. Any future additions to the house will be required to be reviewed for consistency and compatibility with the existing house and with surrounding properties. (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 structure proposed is consistent with that allowed in surrounding RSF-4 zoning districts. (E) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (C) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that_the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open K:IReporul20071PC Reporfs110-08-071R-PZD 07-2726 (Sunshine ifouse).doc 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: (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. K1Repons120071PC ReportsU0-08-071R-PZD 07-2726 (Swishine nouu).doc (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. Sec. 161.29 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) Oven space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. K:IReparLt120071PC ReportsU0-08-07%R-PZD 07-2726 (Svuhhr House).doc (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 ten criteria, including compatibility, transition of land use, harmony, and flexibility to mix a child care facility with this neighborhood, and to provide supporting services for the surrounding residential and non-residential land uses. The addition of a child care facility in this location helps meet the intent of the Guiding Policy for Residential Neighborhood Areas to provide complete neighborhoods. (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 City Council, an ordinance will be drafted for consideration of rezoning this property in accordance with the submittal herein. (D) C-PZD, Commercial Planned Zoning District (1) Purpose and intent. The C-PZD is intended to accommodate mixed -use developments containing any combination, including multiple combinations of commercial, office or residential uses in a carefully planned configuration in such a manner as to protect and enhance the availability of each independent use. The C-PZD is also intended to accommodate single use commercial developments that are determined to be more appropriate for a PZD application than a general commercial rezone. The legislative purposes, intent and application of this district include, but are not limited to, the following: (a) To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas. K: %Reporu120071PC Reporrs110-08-071R-PZD 07-2726 (Svashine House).doc (b) To provide for orderly development in order to minimize adverse impact on surrounding areas and on the general flow of traffic. (c) To encourage orderly and systematic commercial, office or mixed use development design or a combination thereof, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffering strips. (d) To encourage commercial development which is consistent with the city's General Plan. (e) To accommodate larger scale suburban developments of mixed -uses in a harmonious relationship. FINDING: Staff is recommending approval of this application, finding the proposed PZD meets the intent of the PZD ordinance as noted above, and is consistent with the city's General Plan/City Plan 2025 as discussed in Finding No. 1. (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 commercial or office use area be less than fifty-one percent (51%) of the gross leasable floor area within the development. FINDING: The majority of uses are principally commercial, with the entire square footage of the existing structure being listed in the zoning criteria for use as a daycare facility. (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; K:IReparu120071PC Reportrll0-08-071R-PZD 07-2726 (Suuhine Huse).doc (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: Not applicable. This is a proposed commercial zoning. The existing house would be allowed to be utilized as a residence. No additional residential units would be permitted on the 1.95 -acre parcel under the proposed zoning. (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: Building setbacks proposed are identical to the surrounding RSF-4 zoning. It should be noted that additional structures are not included in the Master Development Plan for this C-PZD, but shall meet the established setbacks herein. (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 area. Planning Area 1 has a height limit identical to RSF-4 zoning. (4) Building area. The Planning Commission shall review specific proposed lot coverages 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 identical to lot coverages in the surrounding RSF-4 zoning, where there is a 40% maximum building area 'Required Findings for Rezonin¢ Request. Land Use Plan: The City Plan 2025 Future Land Use Plan designates this site as Residential Area. Rezoning this property to R-PZD 07-2726, with the associated Master Development Plan, meets this designation. The proposed child care facility will be operated out of the existing single family residence. The appearance of the property will be retained as K: IRepor&20071PC ReporuV 0-08-071 R-PZD 07-2726 (Sunshine House).doc residential, although needed child care facility will be available to the neighborhood and greater Fayetteville area. The large amount of tree canopy and location of this lot on a busy Collector Street make it an appropriate location for a child care facility. 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 or re -developed property. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: 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 Area this proposal meets. Rezoning the property will accommodate a child care facility in this area near two busy Collector Streets providing major north -south and east -west connections through this area of the City. A child care facility is an essential part of a complete residential neighborhood. The proposed zoning allows for needed non- residential services in this predominantly residential area near a regional park, church, and a small professional office. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding:. Planning staff has discussed with several members of the public over the past year that there is a high need for more child care facilities in the immediate and surrounding areas of Fayetteville. Waiting lists of three to six months or more are common for children to be admitted into a daycare facility in this area, as the region has grown. The need for neighborhood child care facilities, as opposed to a regional daycare facility in a major commercial area, has been discussed with staff and the planning commission at numerous meetings. The applicant has indicated to staff that there are already approximately 10 children on the tentative waiting list for this facility if it is approved. Rezoning of this property for a neighborhood child care facility in this largely residential area of Fayetteville is justified and need at this time, and is advisable. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds this proposal will not create or appreciably increase traffic danger and congestion, as discussed in Finding No. E.6. Street improvements are not recommended with the current proposal, however, staff is recommending the applicant pay his/her proportional share by way of an assessment for needed street improvements to Old Wire Road. K: IReportsl20071PC Repwull0-08-071R-PZD 07-2726 (Svuhine House) .doc 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The potential population density would be decreased slightly from that which currently exists. The 1.95 -acre parcel could potentially support eight single family residences and the zoning would not allow any new residences to be constructed. Engineering: Public water is located adjacent to the site. There is a 6" waterline along Old Wire Road along the property frontage. Sanitary sewer is not available to the site. There are sanitary sewer mains located nearby to the east and west, but the property does not have direct access. Based on the intensity proposed (a maximum of 60 children and 30 employees at the child care facility), sewer service would need to be extended to the property at the time of development. The site has access to Old Wire Road. Old Wire Road is currently an unimproved two lane paved roadway. Standard improvements and requirements for drainage will be required for the development. Police: It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter population density and will not create an undesirable increase on police services. Fire: The subject property is located 1.3 miles from the Engine 5 located at the intersection of Old Wire Road and Crossover Road, with an estimated response time of 3 minutes. No adverse impacts on call volume or response time are anticipated. 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:lReporu1200TPC Reportrll0-08-071R-PZD 07-2726 (Sunshine House)Aoc a e evi le Y 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: Jeremy Pate, Director of Current Planning Date: 04 October 2007 Subject: Sunshine House C-PZD Rational Nexus Memo The following is the staffs calculations to determine the proposed Sunshine House C-PZD's proportionate share of the cost of improving the adjacent street to city standards. The following demonstrates staff's recommendation for the applicant to bear the portion of the cost which bears a rational nexus to the needs created by the development. 60 Children in Childcare Facility: Approximate Old Wire Road frontage: 549 L.F. Projected Traffic from development (60 children) — 271 vpd 100% traffic accesses Old Wire Road Exclude 10 vpd for existing single family home 261 vod Collector Street traffic capacity = 6,000 vpd % Traffic from development = 4.35 % Old Wire Road expansion costs: $675.00 / L.F. (includes sidewalk) Sunshine House C-PZD Percentage of Costs: 0.0435($675.00x549 L.F.) = $16,120.00 40 Children in Childcare Facility: Approximate Old Wire Road frontage: 549 L.F. Projected Traffic from development (40 children) — 181 vpd 100% traffic accesses Old Wire Road Exclude 10 vpd for existing single family home 171vad Collector Street traffic capacity = 6,000 vpd % Traffic from development = 2.85 % K:IRepons120071PC ReporullO-08-071R-PZD 07-2726 (Sunshine House) Rational Nexus Ca/cute Sunshine House PZD Summary of Average Vehicle Trip Generation For 60 Students of Day Care Center October 04, 2007 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 271 26 23 24 28 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 23 4 2 Sunday 22 4 3 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Sunshine House PZD Summary of Average Vehicle Trip Generation For 40 Students of Day Care Center October 04, 2007 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 181 17 15 16 18 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 16 3 2 Sunday 15 2 2 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Fayetteville Fire Department Office of the Fire Marshal 303 W. Center St. Fayetteville AR. 72701 Phone (479) 444-3448 Fax (479) 444-3447 August 28, 2007 Re: 2460 Old Wire Rd. Dear Angie Landers: Thank you for inviting me in for consultation of a new day care at the location above. This occupancy is being changed from residential to a commercial facility. Therefore,the following requirements must be met according to Arkansas Fire Prevention Code and National Fire Prevention Association 101, Life Safety Code book. The following is a list of some of the requirements. 1System1 maintainedj t r.,i1 • 1 • . • 4 1- r r 1' : 1 1 1 r «: m ocir c pa Ill 1 v - w ! YI 1 1 ! 1 -1 r YI rnr • Ir " u 1' YI V: 1 1 1 1 :• with 111 1: .1 d 'JI 1 11 111Suppression X11 installed Y/ I 1 " ' H 1>11 :1 1J?L11 1 1 ♦II• :1 • 11 /: 1 :I &' U, •:(4:11 I: il: Y11 / 1 please. / 1 : 1 Sincerely, - l utler Fire Marshal's Office Fayetteville Fire Dept. 479-718-7607 479-444-3447 fax sbutlet�.ci.fayetteville.ar.us Fayetteville Fire Department MEM To: Andrew Garner, Jeremy Pate, Dara Sanders, and Jesse Fulcher Thru: Chief Tony Johnson From: Captain Dale Riggins Date: October 1, 2007 Re: C-PZD 07-2726 (Sunshine House These 2 acres are covered by Engine 5 located at Old Wire and Crossover Road. It is 1.3 miles from the station with an anticipated response time of 3 minutes. There is no recorded measured hydrant flow in this area. The Fire Department does not figure calls for service on properties being re -zoned to a Daycare Facility, but typically this type of development will not increase our call volumes or response times. LIT I :J;/a. \\tk\ i r. i , iaw3y St ..• Lt L � f r� 4 If you have any questions concerning these comments please don't hesitate to call me Captain Dale Riggins Fayetteville Fire Department FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 1, 2007 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed C-PZD 07-2726: Planned Zoning District (THE SUNSHINE HOUSE, 292): Submitted by GREG & ANGIE LANDERS for property located at 2460 N. OLD WIRE ROAD would substantially alterthe population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this rezoning will not substantially alter the population density and therebyundesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area Srinccer 1 William Brown Captain — Administration Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET (DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701 FAYETTEVILLE,ARKANSAS 72701 PHONE: 479.587.3555 FAX: 479.587.3522 d CITY COUNCIL MAPS November 06, 2007 Sunshine House PZD Physician's Surgery Center Vacation Township Heights Subdivision Appeal CPZD07-2726 THE SUNSHINE HOUSE One Mile View R-0 `�' l•GVj ENAaY Sy RSFJ SHR;p": `:T 4�2R*.45T RSF4 5 ..: .r .gn RSFd R9.f R$d ReR R$J -aC RSFJ N.:IS Mi:iT D: PA •R :OAnR..' R R$.4. I IA' RS -4 .'RSFJ w9v..R$d : .ti D R-0 > RS -4 -A RSFJ ROP - x r, ;R -A RSFJRSF4 ,z ✓; RSF-0 T �RhW'2 RI,i ,�. �: = J :RSF< F. _ F. _. RSFd-0 ♦`� RW4 `� <RAi-ZI RSFJ 3' _ RRF-U rJ v.. RSFJ F:>•en. - P-1 $� " u R-0RQi?R-0 2 ..._ N.. RS -4 - RS -4 z a .. f_ L. _ .:.G .. RF 4J LY '9.i Lh Ga-C:' F,r RSFd G Mir 24 a x . ro RSFd PJ.E44 OSA ui y y' -V:rr 1A .OSEWc'.'or ST j..R-0 SP.. _ 1 RSFd v !'RR20 Em f•_ RSS.4 R$d RSFJ e`r.. Q._s� `R <. u R RSFd ~. S Oz .. 2 . RSFd x Rd ? z�.v..; _ dJ ' R$d R -A RJ s ur u / R-0 iri �di. Y.. pry R$d 2 R$d r:. RSFd rL, ��., ¢ l V 2 x 'C n _ �• RT 12 RSFJ RAf 24� v y SUBJECT PROPERTY1• A≤RRP'° R J. 1 4_FJo.5F 4a 1 i I. PSF4 i _ P Irxl l GZ J. - i c r R-4 R-0 G1 ::.N / _21 R-0 , �. `s. RSFd .f did . XT r Fa"F t Y 4 Fyi RSFd R$lr.. R. •24 RSFJ 1... .> �✓ i RJr "h 1 wN,F 1Gr4J - R$dax.Hf•Y � , ,Il RF.F-4R. 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' R-0 Imm no SUBJECT PROPERTY iRa Ro Rsva J Y I -- WRAF -II > RAi-2� 2 R R1IAF44 - j. rc : 24 a RSF- u ,rA9Y5 9I- R9y r.6:vA`c 3999 VR` RA RAF -2l C CS �: V. 'II11 Y. p j �.. RSFa 0.5Fa Ra P.c- YwJ R-0 < I : $ >c 1 IC2 R-0 R-0 -' Gl C-i n :n C} ill r�RO REF.2<. Vfl,^1�., p -OS ^ RAC {n3. aAJ RPm R RAFN G 1 r/ T .T Lf R4F.24 R-0 RAs RA '' L1 2 = COY KA'rLOR DR .- � F J. 1RN R4F-2aPc_.l / E R E -2l Oe. y' > 1VL Y O4 . p ,t.:, tl1 "R -O WINFIEL_D DR O. RAFN 1 =.r pfA4)gLC OH 0.5F4 RSFa ms -24 t - 6RI�RTUN PL RSFi .ALE?ER nR RSFA 1 ICDRAI G.ST z - P1FN - 6IRDIr DP RO KAWCRCSTER OR O RSFa ,v/EflPr44 LR -' > c DFYCRSRlFFK 1 �J.. a eWRE s A0 ±L1lff�lftEY4'?v RYa.3. nRSFA� �-. ra R$fJ 'Y. RSf� Y - LIA:I:E ;IE RSF1Aft LI• CT ""REPlPAY ST ¢ T Wru'It-DR 54AR(MI - R -O 3 EA 'T Gi1.EFIFLL PD R6F-1 R -A .=g R W4 RSFaf RSF4 RSFI IJFI'1(CA Re4R4 RLi.2a - • C .PSRW4 9a RSFJ ,-MnAA Dr`. RA %i RSFJ.fi �.:••• RSF A9FJ -_-t RSFi RSFF . iC HARaMe7 PL i[:G.rrLt S 6Ryi Rr 1.FF 5! c PSFS,_ R.SF .. S y F` P.5Fa R 2t AO > RSF4 y• '9P'� RSF � a aQ DID%4IRE R] C CJ RA Rsc-RSFa �' tom, I'ryARftliD RSFJE'.lo NP• STGR� RFEam .. RSFb 'jP RW4 ID RA MP-NRO:. {_ RSF� RSa "LRRPAL; 6I PI RSFa " RSFiR5F� Overview Legend Boundary Subject Property s Planning Area VAC07.2733 OYeday District Outside City ---- Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les VAC07-2733 PHYSICIAN'S SURGERY CENTER Close Up View PARRSHORE JR ____. .__ GARM&IJn`E OR +a. A eye �r;,� � � Tom: � e Y eA-�r�:✓{{�<' SUBJECT PROPERTY `'«�rt' -- no RS Overview ON o o a/.5 75 150 225 300 Feet PPL07-2679 TOWNSHIP HEIGHTS One Mile View •O `CA,C , 5 DEVONSHIRE PL RNA m RSfJ ¢ • - LAINE AVE �: VNE\Y .T - JRSFJZ RSA RSF4 C _ s KE'.kAY ? J THORNHILL DR SHARON ST RGFJ ? Rd v" . z S7UB-LEFlELO RD RUA P 2 -• J yya RSFJ RSE4 R ~.�_ R3-1 WAFWICK OR .t 1L - HAROLD ST EAR - _.. W.£-21 OlD ST R-0. MALI - RA RSF-1 - R4FJ nw.S' RLK24t(tGAR A " BRIARQIFF STBRIARCLIFF ST J =' x RRUA D Cy:CRRSFJ RA ]ASOND RAP,24 ft-0as > RLJ CDRit. _ Q`�RA RSJi RSFJ R-0 y CORTLAND ST AND ST�IVAIT .lIC3 GR .Z RSFd £ gF ' t A'IARR6 - - w FiON $TRSFJ RSFJ kf-24p o RAF -2A v a ETCH Si RGFJ �:.. 2 aRW 4 m RA.f-24 W4 C•0.1 RSF m I V u: yRO --- WA fURMAN $T RSFJ RS J' w... �. �' w RSFJ - _ _ _ >ROLLIFG B tL_LS OR z U 4 L,dt Jt 2 c REDRUDW GLEryN RSFJ REFJ z tRAf-24 .+ LN 2 OAKCLIT4 ¢ �! 4 ..;. i i V- MIMOSt LR_ .tx ANNIE INP.OSEMONJT9yC(iFi ST f - ST u RK>W EVERGREENL x 1. A R-0 m O RgJ AUG DR • •• ` ''� SUBJECT PROPERTY R-0 RSFJ -24 AW-249> p a v v I - RBFJ R .24 W XIA CR i U '. ! , y s REfJ ¢ RSJ f RA Li s ` s 2 n. a. Wl0.E RBFJO c M .24 a yj�,r}sI y, u U jL(O<l •n C ! Lp' a FOR Rg4 0 DR RRFJ n A$HBROO RP2D R�Jf \ RSFJRBFJa ➢ f K ¢«4+ A `v i Y T 7 G1 i w ¢ MADRID ST SU pp. " D ."'y�,..LrytS O P f� RBFJ Z E _ RO c cu,NUiQGE DRGI. Ai e: ≥Y•n'x' 1Rff kL..'i. R$FJ O� 9CSm9 OC�RL J G1 y i e 3jL?� W'OODBHOOK OR ? G AO` P m_ > kd ♦e iM' R9fJ v V4Pi Tv z RA 9 i afTH AVE O\RlP _ RBf p0Y U S:R I-1 Lam -'!J `O - P0d RSJ w S >u RF= RY OR Z 1 1VN N i //��vv Vb �O R9F4 `A E , v •d.r s RBFJ 'POBi,I, HAMPTON CT n R•c is O QO 0.0 1 C _ Y "s.-,.. N$MIP Sr TO\VIISMIP-- RGFJ-- IA- $f RT. _ _ _ , -' TOWAIH}PST v J O RSFJ PRYOP z - _ TOIVNSHiF $T !, .iAfl S RGFJ �" RSFJ REFJ ENlR 2Y �x s O LN SUN" RVA 61W4 OAKS LN REFJST AKS OR 41 -�-... flLd.Fth, r�l♦� a - Nll Co- RSFJ ECIS Lt ARC U4 RP +wA y. PEEL ST rc i ., RSFJ R 4 J It ♦R. F`WINUY HILL STa _ CARDINAL RBFJ1♦aP $TEYaRT ST E0. AKSDR �^ -RNA aR3FJ... - <A0.0.. Sv$Ary DR lALL GAKS OR GiVO .��i__� RBFJ LL Sl W4 RUA ,(ALLEN 1:AkS Ca G RGFJ REEK OVERCFEST ST RBFJ 2aEM VJ T ELN i £ F REFiyA a fA Fae,FW.240 PAS -24 R v- O 0 ♦ Y C / K MZ OR LM sr m •a a 3 RUA; v . r m z .1 „ , m. <. E O EUIWCOG OS _ a RSFJ n Mir 1 F � RSJ �; RSFJ WINOAl2GE LN RSFJ RLVATE l92] U0. z ♦ R2YJ 4 c X0.1 i RGFJ` A O _AMBER DR PY Bf9C c r �, sR5RJ 41 SDR -' ' R9J a o- - itw4 _ �'t Tt LR R\YY-2 b� > z 'F OCIARA 3 Tv' 4NBEi D0.. -_ vJ ♦Y. w a Rl of , 2 3� ML$5LC i BLVD ul U Gt O ¢ A- jyt;: o - Rli-24y 24 ppy ,d, A$X ST 'lStl ST, N 5T RA JO C-1 V Rl.A24 O Ol 3 > AcH CT - r' RgJ P - t _. ' w.. _ N RSJ A$N $T y. 1 > 1...., PE 1P RSFJ 2-0 •. COMA ST ipEPJ RBFJ 2♦y RSi w L, BRISTOL Pl V NRSFJ 5Kfi'd c h'R-.. - �.((V.V O .•.S RA .'�Y... L it s �'>tai D7fIY.� :9FL$ x J" {:.y fjR tq . TIiL'P_R C•1 { Rsr4 ) >` RSFJ Y •IELD PL 0.1 R lfiy RBFJ 4 _ RSFJ t0 > RBRJ - < .. if cc; LALV{N-ST/ - `0A O. S ti p-_ _ 0.1 ` i O ¢ 4/i• C:'1 s R9J z --.Q. %Kj.(Y2zp, LN c E s _ ' vv D1RWLN 5( a - v - j _. ],v.1,P`,1�L IRSFd a 0.6FJ R3J R�FJ P .. rQ {j �.. RPLU d J ♦ 0 P.1 V?r':•:lu R.SF�1 it 'HEAn[n,NG?4Y a RUA J A95NiER'QR. cnLD >F, '.. RSFJ 0 --.• RGFd RSFJ iRBF:i pof _.y .2 RSH Overview Legend Boundary Subject Property --,-i Planning Area • PPL07.2679 ' Overlay District outside City '--- Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 fes PPL07-2679 Close Up View RSF- 3 1 TO'NN5N14 Sr a. TOWNSHIP HEIGHTS SUBJECT PROPERTY, 8 ; y 3 RSF—+ 0 75 150 300 450 600 Feet September 28, 2007 PLANNING DIVISION CITY OF FAYETTEVILLE 113 WEST MOUNTAIN ST. FAYETTEVILLE, AR 72701 C-PZD OF THE SUNSHINE HOUSE APPLICANTS: GREG AND ANGIE LANDERS 20628 HILLCREST DR. SPRINGDALE, AR 72764 Dear Planning, Please review this letter and the attached plan sheets for our submittal of the conceptual C-PZD for The Sunshine House project. SUMMARY: The Sunshine House will be a PZD located in central Fayetteville near the intersection of Township St. and Old Wire Rd on a parcel containing an existing house, and 2 acres located at 2460 N. Old Wire Rd. We are proposing a Commercial PZD in order to operate a fully functional day-care center out of the existing house on the property. GENERAL PROJECT CONCEPT FOR REZONING OF PROPERTY LOCATED IN FAYETTEVILLE AT 2460 N. OLD WIRE ROAD: A. Current ownership: Albert G. and Nancy T. Erbach. Existing house and its lot sale is pending. B. Proposal is to rezone the house and 2 acres to a Commercial PZD to allow the operation of a day-care center out of the existing house on the property to include approximately 40-60 children and approximately 10-30 employees. C. General project concept: 1) The existing street layout will not change. We will expand the driveway near the house to accommodate a parking area for our employees and customers. We will also add an 1800 square foot privacy fence in the back yard to allow for a safe playing area for the children. 2) The submitted survey plat depicts the single proposed planning area. 3) The lot provides its own natural buffer areas with the tree lines and brush that surround the property. 4) We are not proposing to remove any trees from this property. We want to keep it "as is" as much as possible. 5) The only change that may require some additional storm water drainage areas is with the addition of the parking area. 6) Undisturbed Natural Areas — Not Applicable 7) There will be no change to the existing water and sewer. 8) We are not proposing any "Development and Architectural Design Standards." The house will stay "as is." 9) Building Elevations — Home Pictures (see attachment A) D. With the rezoning of this property our intended open date will be early January 2008. E. There is only one planning area covering the entire parcel. Please see attached survey for Child Care Facility. F. Zoning criteria (see attachment B) G. See attachment C comparing the existing and proposed zoning. The house will be brought to code according to DHS, the Fire Department, and the Health Department as outlined in accordance with their requirements to obtain a license for a child care facility. We have already had a preliminary inspection performed by the Fire Department and the Health Department and they have both given their consent to operate a child care center in this house. A final inspection will be required from both departments once we are open in order to obtain our license. The owner/applicant is not aware of any hazardous, sensitive, or natural resource areas, or any other hazards on the property. H. Closest park is located next to the property (Gulley Park). I. Reason for zoning change — In order to buy an existing house and property for the operation of a neighborhood child care facility. The request for rezoning is due to the fact that in Use Unit 4, a Child Care Facility is allowed as a Conditional Use Permit in RSF-4 zoning district; however, in a residential zoning district a maximum of only 10 children are allowed. I would like to have 40-60 children in this facility; therefore, it will need to be rezoned to a commercial zoning. However, a standard commercial zoning such as C -I or C-2 is not appropriate due to the surrounding residential neighborhood. The proposed C-PZD zoning will allow for the child care facility, while limiting the uses and character of the project to ensure that it is compatible with the surrounding neighborhood. We feel that there is a definite need for a "quality" facility with a more "home -like" environment that will accommodate the Fayetteville community in the surrounding area. The residential appearance of the homes give the child care facility a "home -like" environment for the children and the natural beauty of the property will provide them with unique learning opportunities that a traditional commercial facility cannot. J. The day-care facility will relate well to existing and surrounding properties as there are a few other commercial facilities within 1 mile of the property (i.e. Several churches two of which operate child care facilities within the church, and a law office located at the comer of Township St. and Old Wire Rd.). Also with the C-PZD it will allow us to ensure that the home is still compatible with the surrounding neighborhood. We want to keep the "home -like" feel as much as possible; therefore, preserving the neighborhood environment. 1) Land Use — There is a church located next to the property as well as a city park and we feel this will provide compatibility and harmony that will only enhance the child care center as a commercial facility. 2) Traffic — Old Wire Rd. is coded as a "Collector Street" on the Master Street Plan. We do not foresee any traffic issues with this location. 3) Appearance — The appearance of the property will not change. We want to keep the residential, "home -like" environment as much as possible. 4) Signage — I would like to post a sign on the house or in the driveway to just list our name, hours, etc. K. Project's compliance with the Fayetteville City Plan 2025 — we believe a child care center at this location is consistent with the City Plan 2025 Guiding Policies for Residential Neighborhood Areas by: 1) Protecting the current residential architecture 2) Encouraging a development scale to maintain compatibility and proportionality between nonresidential and residential land uses. 3) Site new residential areas accessible to community amenities and schools 4) Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. 5) Encourage mixed -use development that is sensitive to surrounding residential uses and allows for day and night utilization of available parking. L. Traffic study has not been requested by the city. M. There will be no impact on city services, including the availability of water and sewer. N. "STATEMENT OF COMMITMENTS" The statement of commitments shall, in all cases describe the development commitments including a method for assigning responsibility to heirs, successors, or assigns, and timing of the fulfillment of these commitments for the following: 1) Dedication — no parks, streets, water, or sewer lines would be built that would require dedication to the city. 2) On or off site improvements: Any fees associated with the addition of the parking area and privacy fence would be paid at the request of the city. 3) The property contains no land in a floodplain or delineated wetland area, and a tree preservation plan will be drawn at the request of the city. 4) There are no project phasing restrictions anticipated. 5) Fire Protection — The home would be brought to code based on inspection by the City Fire Marshall. A preliminary inspection has already been performed and consent has been given. A final inspection will be performed before opening to issue the license. 6) There are currently no other commitments imposed by the city. 7) Parks/Trails/Open Space Commitments — Not Applicable 8) Proposed Preliminary Building Elevations (see attachment A). O. Conceptual Descriptions of Development Standards 1) Screening and Landscaping — Addition of Parking Area and home will be professionally landscaped and well maintained. The parking lot will be landscaped in accordance with City ordinance. 2) Traffic and Circulation — The driveway is a circle drive that will allow easy access to and from the property. No traffic impact is expected. 3) Parking Standards — Parking will be provided in accordance with City ordinance. We will provide 1 parking space for each employee and the circle drive will provide adequate area for the dropping off and loading of children. 4) Perimeter Treatment — The parking lot will receive perimeter landscaping in accordance with City ordinance with shrubs screening the parking area and one tree planted every 30 feet along the street. 5) Sidewalks — Not Required 6) Streetlights —Not Applicable 7) Water — Existing water in place 8) Sewer — Existing sewer in place 9) Streets and drainage — will not change 10) Construction of Nonresidential Facilities — We will convert the existing garage into an additional child care room and the back yard will be fenced in for an outdoor play area. 11) Tree Preservation — A plan will be drawn, at the request of the city, with the addition of the parking area. 12) Architectural Design Standards (see attachment A). 13) Proposed Signage - I would like to post a sign on the house or in the driveway to just list our name, hours, etc. (approx. 2ft x 2ft wooden sign) 14) View Protection — Not impacted 15) Revocations — We understand causes for revocation and will take all necessary measures to avoid revocation. 16) Covenants, Trusts, and Homeowner Associations — Not Applicable P. RESPONSE AS TO HOW THE PROPOSAL FULFILLS THE INTENT/PURPOSE OF THE PLANNED ZONING DISTRICT: This development fulfills the intent and purpose of the Planned Zoning District Ordinance by permitting a development with a unique use that is not allowed in any other PZD. The PZD would allow the sale of an existing home, ensuring the existing low density housing found in the present neighborhood. It would also provide compatibility and harmony with the few existing commercial properties surrounding this property as well as the public park at the back of the property. THANK YOU FOR YOUR CONSIDERATION OF OUR SUBMITTAL. WE LOOK FORWARD TO WORKING WITH YOU TOWARDS A SUCCESSFUL PROJECT. PLEASE FEEL FREE TO CALL ANGIE AT 479-236-3932 IF YOU HAVE ANY QUESTIONS OR COMMENTS. Respectfully, Greg and Angie Landers -II • t : a j G•� h1 ! ,y, ry ryy l a i 1 ?._• •r I _ � 4 I(N{1 ATTACHMENT B PLANNING AREA 1 ZONING CRITERIA (A) Purpose. The Planning Area 1 Zoning Criteria is designed to permit and encourage development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit I City-wide uses by right Unit 8 Single-family dwelling Unit 4 Cultural and Recreational Facilities (Child Care Center/Nursery School Only) (2) Conditional uses. Unit 2 City — wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 24 Home occupations (C) Density. Acreage: 2.00 acres Number of dwelling units: I Density: 0.5 units per acre (D) Bulk and area regulations. Single-family dwellings Lot minimum width 70 feet Lot area minimum 8,000 square feet Land area per dwelling unit 8,000 square feet (E) Setback requirements FRONT SIDE REAR 25 ft. 8ft. 20 ft. Intensity. Non-residential Sq. Footage: 5.000 Intensity (Non-residential SF/Acre) 2,500 (F) Height. Structures in the Planning area I District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming structures. (G) Building Area. On any lot the area occupied by all the buildings shall not exceed 40% of the total area of such lot. (H) Landscaping. The project will be landscaped in accordance with City ordinance. (I) Parking. Parking will be provided in accordance with City ordinance. (J) Architectural Design Standards. See photos of the existing house attached to the PZD booklet. (K) Signage. One sign on the house or in the driveway to list the name of the business, hours of operation (two -foot by two -foot wooden sign). ATTACHMENT C ZONING COMPARISON CHART The Sunshine House C-PZD Existing Zoning Proposed Zoning RSF-4 I PA -1 Uses Permitted Uses Unit 1 City-wide uses b ri ht Unit 1 City-wide uses b ri ht Unit 8 Single-familydwellin Unit 8 Single-familydwellin Unit 4 Cultural and Recreational Facitlities Conditional Uses Unit 2 City-wide uses b conditional use ermit Unit 2 City-wide uses b conditional use ermit Unit 3 Publicprotectionandutilityfacilities Unit 3 Publicprotectionandutilityfacilities Unit 4 Cultural and recreational facilities Unit 24 ations Home occupations Unit 24 Home occupations ations Unit 36 Wireless communications facilities Detie s , " Units per acre 4 or less Acreage 2.0 Acres Dwelling Units 1 unit Density 0.5 units er acre Balk andAreaR "ulations ____________•ni;ty,ti7 Lot width minimum 70 ft. 70 ft. Lot area minimum Residential 8,000 9,000 s . ft. Lot area per dwelling unit 8,000 9,000 s . ft. Setback Re uirements Front 25 25 Side 8 8 Rear 20 20 Height R" "uirements. .. r.;,,. Maximum building height of 45 feet. The height may be increased over 45 feet by obtaining a variance after hearing b the Plannin Commission. Maximum building height of 45 feet. The height may be increased over 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be granfathered in, and not considered nonconforming structures. Height R" ulrenients None On any lot the area by all the buildings shall not exceed 40% of the total area of such lot. CPZD07-27; One Mile View vB6V R-0 R-0 RYJ RflAV, J„ 0.-A .,R -z. 2K R.ROR R NIN-YA x _ A a i RAi-PA < � R-0CE — a 2 RE uc av Overview THE SUNSHINE HOUSE WA RYJ - 1F9J RYJ _ .A j BRIAACLIff STelVARCWE CT a 1E - < R� R1.A COnNRD n"'N'eSR,344T > DR ,ETDNS TON TRSCDRH ETON ST RSFJ FuEMAN ST w > s a r RYJ RYJC. v ROILING HLLLS OR Z p- "` GLFNN •� RYJ --t -t [M 2 OAKCLIr;ST w RYJ . ya r D ': RSFJ -NRti-AwRYJ. RYJ EE OJAC<!ff tH ... si RYJ r LM R09ENONT9T STRo_ . .. OA D9 RYJ aq RYJ W g RO ' . > !2 O O) RYJ / = RSN 2 RYJg < ..:..li L R P. ip OL ' RYJ 5pp Z96 R O F D9 El RYJRYJA- SUBJECT PROPERTY ASH8ROD :h . RYJ CA ,. m. JP RYJ pvE G} )E0.GU`'OH P p,'9! v . RYJ r RYJ ), OA `A'r IWJ T RYJ O -MOODBROOK r P&M0L% JFTN AVE RYJ V A u' HP0.0y. IN _O RYJ COLINKAV P O3PRYJ m !L^. - $ RYJ ARD HAMPTON CT O RJ n Rgy RYJ RYJ WARWICK OR Da ' t- p RA \4.�Q�y1� R$F/'`5, CR$F.4Y� NSF J 4S �H RYJ ae i9• RSFJ J�J j�P p. RGFJ 41` R -A WARWICK �Y--_ - i-. _ _. -___.... .-An".I :� ^ RYJ ^, LANCER Sr o... RYJ 1.. S TOWNSH,p Si aT TOWNSHIP STrWWNSHIPS r IN - nsFJ SIVVNY RYJ RYJ RYJGENTLEOAKSItI 9 RYJ SIDAKSOF PEEL ST cD c Nlu.OR ad % i SrrhmT ST BOIS CE ARC IN RYJ RYJ PRYJ HILL SRY� ?FtW4 OINAL QRCC EEO SUSAN OR TALL OAKS OR OAXS qL DOCOEC !J � RYJ RYJ ' GOLDEN OAKS DR Ki COPPEROAK PLL Q. OVERCRE)1 ST_ RYJ OPENi LN y RYJ RV-4�^RYJOO PYJ p. _ RANPZ RAM -210. RM•N R�-I C oaRYJ J s F _g .. <N H KANTZ DR win.._..c 0 FILM LIOD DR RYJ - u R-0 1 RYJ 3 N W 2 WLNiAOGN IN m RV J RIIV ATE t9EP (JL a i ; nr RYJ i r. i a , Af!BER OR 0�ROJORM _ C Y �4TZLNmRW GI .I RYJ a o-, A3 \N'Vs GR DEBRA OR ; .r B_�' 0.1 -0 W p MIS .h Ld.. RPZD P-: Pi ASH SI ° PER �? i G1 RAi-N v C 1 ¢. ASII ST - O W � L - I,49L RNf.24 o RYJ A,T4SH ST Ar>1 tA'> Gt RSFJ ST Vyy' 1 - RA ST - RAJ r1. a44 F ' BRI9Tn1 PL ,: R_ a - RYJ O, dp0 RA- SLOT PL pRFN a 9pY/£IY DN WELLSLE. _. .. 0.1•-• >rri[3 S! AWE ElD PL J J RYJ i > IypO RKf-N LVTN ST. . f' R' w WwQ/ _4' R'iJJi. - Q '4 ,.) liMfIN lIRWINS - ye' O N. 0.f. RYJ> WW000 Syt yRYJ IIIF .._ ♦.' RYJ Y HOPES) HOx _ AD4 c.:� Legend Boundary Subject Property "N_i Planning Area ❑ ® CPZDO7-2726 Overlay District Outside City Legend = Hillside -Hilltop O eday District 0 0.25 0.5 1 M les VAC07-2733 One Mile View PHYSICIAN'S SURGERY CENTER LAKE FAYETTEVILLE W RA AID RO RA '9 a RARO x m R - O. n RA.NDAL L RSF. MFI2 -u RSFJ x RPID RLF-N 'r o #1 RRID R-0 G1 a_ -m..W IIOyR 21Q!'9 IIONRO 2&G'i RO ff c w a w ZION FD S ♦Gt Ra _J • ' q ^l Gl BVICK DR > -tA H9Frl G2 DODGE DR IOf.24 i —•' ' W R-0 R-4 ... SUBJECT PROPERTY Ji APID ➢ RAF II RAF=R� RYA BLVD + V.Y:. m.vd G2 ' ._AST i RvA1c 39990 RAFQ1 pG Q RSF� RO C %%NWMDR� C.I 0.-0 R O _ _.. A YL-U < Y.0.0 Y) R-0 u R'O 1 41 {cii L2 CZ R O L2 . --.c P pry 8LV0 a E O -E Bii _ C.2 C.I R n .. "D Rtl2A RO G1 �. R -O 7 no G2 C 1 ! RPID RO nM1 ^Irl DR R -A t ///♦ 1.1 RK-2R R-0 S - 11A W ♦ m k\rN Iii. G - COY KAYLORRAF 2ARSFJ 1]1 llit .�. �I I'. • �� S✓yy, 15 YY '�S YQQ RV-tK F a :- `Y OP 7A 2 NpISAV RU , 0.C J R1la1P 5' P1-12WMFlELD DR ≤ m r C3 ]NLC f# 11184 9JRA� R�� _• .. MPSY BRIGMiI]N Pt Rtfd SWEETBRUR DR RbfA - RO C ALICE,ST M• ANCHESTER OR D R9F� SWEETINIAR UR s BIRDIE DR U i S DEVONSHIRE RL ELAINE AVE ELAINE AVE "PARK CT iWAZ T. RYJ tt R¢A ICgFJ -.'. •.. Gt 3 THGRNMILL OR i n SHARCNV Sr R-0 O_ S Ny Rd RO RT-I] J'; R9F�� SlUBtlLEFIFFp RD y0j. n' K YVARIYICK_ RSc.� R'S+Lt RSFA cP ROW RSF� 'rA 4 G P A RSF+ RNf.24 _ MROIli Si KARO'"O NEi1 1 ... . RA RAC. u! ¢ RYA RPJ `bcl P9FJOf Tp`' R9F ,eta 4i x i < SRIARCUEF STBRIARCLWFST tt1 RSF- ILSF "l"' u of RSF� ( PPNF R�� rAF OP O OLD WIRE RD RAF IK : 02 RO CORTCA ND ST RA R9F4RBFA 1aµ J } R9FJET0.Y T - M[I`/ATE 3L RSFd EP RSA RA -R C9 7 S E -10N ST RSF1 V 1 RA£ -24 Gt v ,. RSF� A. Yd RSF� R 1 RSRJ FIIRMAN Si RSF♦ RSFJRSF< Overview Legend Boundary Subject Property ' . Planning Area ::rts VAC07-2733 Overlay District Outside City Legend = Hillside -Hilltop 0 erlay District 0 0.25 0.5 1 Miles PPL07-2679 One Mile View TOWNSHIP HEIGHTS ? -°U-FvS RSFJ LOW a Art.. rte.y `G s RO nt-n J RKi-21 RO AIINp ARl3 RJ RJL.,2 RW-21'r' "'AR RAF4A A': RIO -21 p R -DO R -A Ji 1 Z PhARR15 .R 'a • RAf-21 i REF -21 p ltF-21 3r -v r V y R-0 s ROROt RO RO ti- j RT-12 '^ z M >RM-N s a REOBUD IW RIM- 2 Nt-24 2 MIMOSA IN RV V RT-12 .1MA ST EVERGREEN - < all AUG AUR < -24 RFRb O 4 3 REF -21 Fp 222E w YTHIA OR > a REF -21 0 O Rpm <MAO0.ID ST GI R-0 i '- SUNBRIDGE ORGt c.1 Va .^ w so A 1-t ELMS Si J tAN ASHST RWJ 116• �•�•. _. y '< LwmnnRE PL W4 m R4J z .-. �•- `w¢c Ave — ' RfJRS'4Z RSf4 RAJ a o- C2 J THCIRNHILL OR SHARON ST Rp. z ___ _ STUBBLEFIELD RO ybT - Av 04 RZf4 0 REN WMWICK pq R-0J� RSF- Oyol' HAROLD ST TUROID ST k7ry, = RSF-4 RBRJ R JOP RlFJ ASFJ CyS BRIARCLIFF ST80.TARCLIFF ST l� t. RAJ i R-0. 2 RLFJ PPLJp RA LAND y RSFJ i R7FJi REFJ _CORY ST CORTLAND $i P0.IVATF 310) OR m RSFJ n w ETON SiR$J PION ET 'q RSFJ LL � < � �RBFJ s. � RgFJ FURNAN ST p -t pg ^ RSFJ w RgJ RBFJ 04 ₹ . >ROLUNG HILLS DR "R _ ? G�hN '_ EPO WP LA; W OAKCLIFF ST 11�J 5 BOh RBFJ uFi R!4 0.4 9 Q4KCE2F hIE FSIT" fe m Lh- ROSEMONi Si PPy RBFJ Y2 SUBJECT PROPERTY) ¢ RBFJ JT{ c W 0-4 R-a w 0 WT0. as,, 3 U 'l GALE NW yA O i Op Oq < Oq RBfJ R OR RBFJ m ASHEN RYJRyJW 1 ' aP.t04ROOK OR RGtRSFJW R,.AVE L D� O� DR w �f ei f 1 O RYJ s-.i-. ._. __ __.. T NSHIP ST TOWNSHIP ST o Rl4 PcokN 0.D UHCER ST pd 4, r TOWNSHI ST RV41 PRTO z TOWNSHIP St O LN SUNN SA' W4 Il_4 fE1FJ RS4GEMTLE OAKS LN RBFJBT AKS C Su,.... 5 ¢ DEBRA OR ; �p AhBE0. 3 Mt J O ¢ ASH •sT- ASH s .HST IFA 0", 61 RBFJ RSFJ ASH 5T , t > R9J 2 ES. sr RSFJ 0-4.T RSFJ RA wDL?EN. WEE, 5Lf re-. ≥ 0-4 RSFJ p� - CH DM 2 = w IN ST g O i eJ Z ._. R p4 MAMI RSF-1 p -t UG1 V RMF_21 21 Y u RARb � GI r PENHIP rI 4 lT BRISTOL PL U W4 LOT PL TULIPQ GI TEED PL W4 P-1 0 µ_ _. R WAv < RSFJ Overview Legend Boundary Subject Property A^A,� Planning Area ® PPLO7.2679 ii ORerWy District outside City Legend ®1 Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les (11 .14.07) Clarice Pearman - Ord. 5072, 5075, 5076 & Res. 190-07 Page 1 l From: Clarice Pearman To: Pate, Jeremy Date: 11.14.07 9:15 AM Subject: Ord. 5072, 5075, 5076 & Res. 190-07 Attachments: 5076 VAC 07-2733 Physician's Surgery Ctr.pdf; 5075 C-PZD 07-2726 Sunshine H ouse.pdf; 5072 VAC 07-2722-Menninger.pdf; 190-07 PPL 07-2679 Township Heigh ts.pdf CC: Audit; GIS Jeremy: Attached are three ordinances and one resolution passed by City Council, November 6, 2007. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice Arkansas Democrat 7 (Tazette Northwest Arkansas Times Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION RECEIVED N0V 262007 CITY OF FAYETTEVILLE CITY CLERKS OFFICE 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. 5075 Was inserted in the Regular Editions on: November 16, 2007 Publication Charge: $100.23 Subscribed and sworn to before me This/(Aay of )10 / , 2OO7. Notary Public �OAT"HrTWI a B,nlx Gout� My Gcmm'sson f:•i,res February 20, 2n -a My Commission Expires: 77 /Zo f U I+ **N0TE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED NOV 262007 CITY E CITY C ERK' OFFICE Friday, November 16, 2007 011 INANCI NO. 5075 PN ORDINANCE ESTABLISHING A COMMERCIAL a e Mie PLANNED ZONING DISTRICT TITLED j 2726 THE SUNSHINE HOUSE, LOCATED AT AT 246f,6C 1/ NORTH OLD WIRE ROAD, CONTAINING APPROXI- MATELY 1.95 ACRES, AMENDING THE OFFICIAL ARKANSAS 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 I. That the zone class t¢atiOn of the!ollowmg described properly is hereoy enangee as to - lows: From RSF-4, Residential Single Family, 4 units per acre to C-PZD 07-2726 The Sunshine House as shown in Exhibit •A' and depicted in Exhibit -B- attached hereto and made a pan hereof. Section 2: That Me change in zoning classification is based upon the approved master development plan, development standards, statement of cortlrtntmaM6 and the conditions of approval as submit - led, determined appropriate and approved by the City Council: further, that the conditions 01 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 Me require- ments 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 I above. MI000 and AppRoll O this 6M day of November, 2007. APPROVED: ATTEST: BDAN COOOY. May.. WtSRA LF11 0711, CRY owdoe NAs Exhibit A is a map and may be viewed in the office at the City Cle6JTreasurer during normal busi- ness hours. EXHIBIT •B' C-PZD 07.2726 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36. TOWN- ..-. _-- —..-------..te r. �...�..n,- nAnylnlI AS FOLLOWS, TO -WIT. BEGINNING AT A FOUND IRON PIN FROM A POINT, LOCATED AT THE SOUTHEAST CORNER OF S ]INNING THENCE SB9°45'15•W 24091' TO A FOUND IRON PII S11°00'14TW 125.42 TO A FOUND IRON YIN, IH[NUt Nee -al ze a Iva.ar lw n, w••.. •••..•• PIN, THENCE N55°0206• W 78.88' TO A FOUND IRON PIN. LOCATED ON THE SOUTH OLD RIGHT-OF- WAY FOUND PIN. 1 N,N51°O6'O7•EHALONG RIGHT-OF-WAY B 380.67 TO A FOUND IRON PIN, THENCE LEAVING SAID ROAD RIGHT-OF-WAY S01°2502•W 357.09' TO THE POINT OF BEGINNING. CONTAINING IN ALL 1.95 ACRES, MORE OR LESS. SUBJECT TO ALL EASGAAENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY GENERAL PROViSIONS AUTHORITY U N V H I■ 1 ® U P THIS PZD MASTER DEVELOPMENT PLAN IS AUTHORIZED BY SECTIONS 161 AND 166 PLANNED ZONING DISTRICTS OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE. THE PROVISIONS OF THIS PZD MASTER DEVELOPMENT PLAN SHALL RUN WITH THE LAND. THE LANDOWNERS, THEIR SUCCESSORS, HEIRS, OR ASSIGNS SHALL BE BOUND BY THIS MASTER DEVELOPMENT PLAN, AS AMENDED AND APPROVED BY THE CITY COUNCIL. ADOPTION THE ADOPTION OF THIS PZD MASTER DEVELOPMENT PLAN SHALL EVIDENCE THE FINDINGS AND DECISION OF THE FAYETTEVILLE CITY COUNCIL THAT THIS PLANNED ZONING DISTRICT FOR THE SUNSHINE HOUSE IS IN GENERAL CONFORMITY WITH THE FAYETTEVILLE CITY PLAN 2025; IS AUTHORIZED BY THE PROVISIONS OF SECTIONS 161 AND 166 OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE. THE PROVISIONS OF THIS PZD MASTER DEVELOPMENT PLAN SHALL PREVAIL AND GOVERN THE DEVELOPMENT OF THE SUNSHINE HOUSE, PROVIDED, HOWEVER, THAT WHERE THE PROVISIONS OF THIS MASTER DEVELOPMENT PLAN DO NOT ADDRESS A PARTICULAR SUBJECT, THE RELEVANT PROVISIONS OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE, AS AMENDED, OR ANY OTHER APPLICABLE RESOLUTIONS OR REGULATIONS OF THE CITY OF FAYETTEVILLE, SHALL BE APPLICABLE. ENFORCEMENT TO FURTHER THE MUTUAL INTEREST OF THE RESIDENTS, OCCUPANTS, AND OWNERS OF THE PZD MASTER DEVELOPMENT PLAN RELATING PLAN AND OF THE PUBLIC IN THE PRESERVATION OF THE INTEGRITY OF THE PLAN, THE PROVISIONS OF THIS TO THE USE OF LAND, STATEMENT OF COMMITMENTS, DEVELOPMENT AND ARCHITECTURAL STANDARDS, AND THE LOCATION OF COMMON OPEN SPACE SHALL RUN IN FAVOR OF THE CITY OF FAYETTEVILLE AND SHALL BE ENFORCEABLE AT LAW OR IN EQUITY BY THE CITY WITHOUT LIMITATION ON ANY POWER OR REGULATION OTHERWISE GRANTED BY LAW. CONFLICT WHERE THERE IS MORE THAN ONE PROVISION WITHIN THE PZD MASTER DEVELOPMENT PLAN THAT COVERS THE SAME SUBJECT MATTER, THE PROVISION WHICH IS MOST RESTRICTIVE OR IMPOSES HIGHER STANDARDS OR REQUIREMENTS SHALL GOVERN UNLESS DETERMINED OTHERWISE BY THE ZONING AND DEVELOPMENT ADMINISTRATOR. MAXIMUM LEVEL OF DEVELOPMENT THE TOTAL NUMBER OF DWELLINGS OR THE TOTAL COMMERCIAL, BUSINESS, OR INDUSTRIAL INTENSITY APPROVED FOR DEVELOPMENT WITHIN THE PLANNING AREAS IS THE MAXIMUM DEVELOPMENT REQUESTED FOR PLATTING OR CONSTRUCTION. THE ACTUAL NUMBER OF DWELLINGS OR LEVEL OF DEVELOPMENT FOR COMMERCIAL, BUSINESS, OR INDUSTRIAL PROPERTIES MAY BE LESS DUE TO SUBDIVISION OR SITE IMPROVEMENT PLAN REQUIREMENTS OR OTHER REQUIREMENTS OF THE CITY COUNCIL. PROJECT TRACKING AT THE TIME OF SUBDIVISION FINAL PLAT OR LARGE SCALE DEVELOPMENT THE APPLICANT SHALL PROVIDE A SUMMARY OF 'THE DEVELOPMENT, TO DATE, TO THE PLANNING DIVISION, IN ORDER TO ASSURE MAXIMUM DEVELOPMENT LIMITS ARE NOT EXCEEDED. PLANNING AREA I ZONING CRITERIA (A) PURPOSE. THE PLANNING AREA 1 ZONING CRITERIA IS DESIGNED TO PERMIT AND ENCOURAGE DEVELOPMENT OF LOW DENSITY DETACHED DWELLINGS IN SUITABLE ENVIRONMENTS, AS WELL AS TO PROTECT EXISTING DEVELOPMENT OF THESE TYPES. (B) USES. (1) PERMITTED USES. UNIT 1 CITY-WIDE USES BY RIGHT UNIT 8 SINGLE-FAMILY DWELLING UNIT 4 CULTURAL AND RECREATIONAL FACILITIES (CHILD CARE CENTER/NURSERY SCHOOL ONLY) (2) CONDITIONAL USES. UNIT 2 CiTY - WIDE USES BY CONDITIONAL USE.PERMIT UNIT 3 PUBLIC PROTECTION AND UTILITY FACILITIES UNIT 24 HOME OCCUPATIONS (C) DENSITY. INTENSITY. ACREAGE: 2.00 ACRES NON-RESIDENTIAL SQ. FOOTAGE: 5,000 NUMBER OF DWELLING UNITS: 1 INTENSITY (NON-RESIDENTIAL SF/ACRE) 2,500 DENSITY: 0.5 UNITS PER ACRE (D) BULK AND AREA REGULATIONS. SINGLE-FAMILY DWELLINGS LOT MINIMUM WIDTH: 70 FEET LOT AREA MINIMUM: 8,000 SQUARE FEET LAND AREA PER DWELLING UNIT: 8,000 SQUARE FEET (E) SETBACK REQUIREMENTS FRONT: 25 FT SIDE: 8 FT REAR: 20 FT (F) HEIGHT. STRUCTURES IN THE PLANNING AREA 1 DISTRICT ARE LIMITED TO A BUILDING HEIGHT OF 45 FEET. THE HEIGHT OF A PROPOSED STRUCTURE MAY ONLY BE INCREASED ABOVE 45 FEET BY OBTAINING A VARIANCE AFTER HEARING BY THE PLANNING COMMISSION. EXISTING STRUCTURES THAT EXCEED 45 FEET IN HEIGHT SHALL BE GRANDFATHERED IN, AND NOT CONSIDERED NONCONFORMING USES. (G) BUILDING AREA. ON ANY LOT THE AREA OCCUPIED BY ALL THE BUILDINGS SHALL NOT EXCEED 40% OF THE TOTAL AREA OF SUCH LOT. (H) LANDSCAPING. THE PROJECT WILL BE LANDSCAPED IN ACCORDANCE WITH CITY ORDINANCE. (I) PARKING. PARKING WILL BE PROVIDED IN ACCORDANCE WITH CITY ORDINANCE. (J) ARCHITECTURAL DESIGN STANDARDS. SEE PHOTOS OF THE EXISTING HOUSE ATTACHED TO THE PZD BOOKLET. (K) SIGNAGE. ONE SIGN ON THE HOUSE OR IN THE DRIVEWAY TO LIST THE NAME OF THE BUSINESS, HOURS OF OPERATION (TWO -FOOT BY TWO -FOOT WOODEN SIGN). 0 E TI/0 �2 ]r! NOT TO SCALE 2 ADJACENT LAND OWNERS ALL ADJACENT LAND IS ZONED RSF-4 7. MAGEE, BARRY & DANA 1567 E CENTURY DR 1. OLD WIRE ROAD CHURCH OF FAYETTEVILLE, AR 72703 - - CHRIST, TRUSTEES PARCEL #765-03665-000 2480 N OLD WIRE ROAD / FAYETTEVILLE, AR 72703 8. COGBURN, CECIL O. TTEE OF THE CECIL jiij PARCEL #765-19098-000 0 COGBRUN TRUST & "" \ 1576 CENTURY DRIVE _ / - - - 2. SLUPPICK, TOME & JUDITH A FAYETTEVILLE, AR 72703 \ \ N \ / - 1678 E TOWNSHIP ST PARCEL #765-03679-000 \ \N ->(-�/� FAYETTEVILLE, AR 72703 \ - %r;; PARCEL #765-16104-000 9. ELMORE, VIRGINIA L 74 2489 N STANTON AVE \ \ - 3. FITZGIBBON, JOHN D. & FAYETTEVILLE, AR 72703 \ -K '/ (/7:/ R.LYNETTE PARCEL#765-03448-000 10 \ \ i / "- r! 'V ,' FIRST FEDERAL BANK OF AR. - � ' - \ HARRISON, AR 72602 10. ELMORE, VIRGINIA L --\ _ / PARCEL #765-16104-001 2489 N STANTON AVE _ —' / / / f 35.0'/ FAYETTEVILLE, AR 72703 - // ! xs,"✓-="` I / 4. WILKINS, RONALD FRANK PARCEL#765-03449-000 - / / y✓ / 1227 N. CRESTWOOD DRIVE -. - _ _ - / � r FAYETTEVILLE, AR 72701 11. BAGSBY, CORNEILUS E. & JESSICA K 1 f- �y r , "1- / t5:64s,584.06 PARCEL #765-16105-002 2500 STANTON _ i" / ra/ j / :681,15/1.38 FAYETTEVILLE, AR 72703 / /� �1 / 5. WILKINS, RONALD FRANK PARCEL #765-03462-000 C� / %<. ' / �i 1227 N. CRESTWOOD DRIVE�/ ! �/ J FAYETTEVILLE, AR 72701 — — — ' r/ / /d/ / / / i / PARCEL #765-16105-000 / // / I / / / 6. KANAKIS,KIM&PAMELAD / Ate_ d /0 y;r / _� JJ /505 / // i / ;' / 2433 N OLD WIRERD /,; QQ-, /�/r^>�- / / I r FPA ETTECEL ILLE,ARi200 \/ Foal - // ° 'G J '/ l ! / // f/ I. \ \ /O _449? � o/ / 11 SPc1 1 / I / / ❑ j / _ _ STA1;E PLANE COORDS- _ 7; + y--- A / / / , I I ,, / I N:6E:680,35 .20 / ,' / ��,� // c96CR�,1E 'RNE`N4N ow /// / / J/ // 4 ;�/ �4/ /J/ JJ J / / / ❑ / / y/' / / FIRE,?RUC / / I / / / / I i i l / AC,CESS NO / /" HOUSE I I J / % f / PAR NG / ] I I J l / f / 43.1ff. / / / / / / PARCEL MJeSte1ffiW°/ .¢)- I /'Cf ,Y _. / a / / / 109 SQ. : / / / D6 �,;Qi� / /� / / 1 TO7ALACREAGE / m/a�.y ( / f / /1.95 QCRE3 +/- / / / PEq j J / J/i/ .4 V ? 1.. /7 ��/ // //, ! / !/ �oNEDRgF4 / ! I j / / / // / / �'/ / ' / f / ,r •OU�C, / ! / / % / I J / / / / LAND USE TABLE // � -./35.0' /// // / // / /- r /' // ! ii / / / o� . ./''.. / / /q� ; / / / . i_,_ / - / zD B.SB( / P.O.B. ! j / / / / / / / / [ , -'- 36°.4ft -- -- -'-r'--'- - �-- '/- / / /4/I / ,(/ �� / // /// .18.33// (/ 222.56, !! // / // / //f I. � -/ / ' -�.� / �/ �� ,/ / / I /1 /N88°52'18"W 240.9 / "I �/ / / / OWNER/DEVELOPER: / / / / /, j / / / / ! / !! 'I ERBACH, ALBERT G & NANCY T f / f f y i / f/ f // / l I l J / 2460 N OLD WIRE RD f / m l/ / r' / ! / / Da / / / FAYETTEVILLE, AR 72703-3732 4 Z J /� / / __� / J A / I/N / / / / /7 / A ` / 05 / / '/ ,&'/ / / / / /.---- ZEN I >>/ J p' J / l �r / / / / / =19 CD SURVEY DESCRIPTION FOR PARCEL #765-16113-000: j J / / J / - / J SECORNER / A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, r / l / J / ��4 / / / SECTION 36 SW 1/45W /4 I I PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNINGSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON C TA FOUND IRON PIN NTY, ARKANSAS, BEING ORE // / j ' / / T -17-N, R -30-W ; // WHICH IS NO2°47'29"E 207.00' FROM A POINT, LOCATED AT THE SOUTHEAST CORNER OF / / , / / i 1 SAID FORTY ACRE TRACTAND RUNNING THENCE N88°52'18'W240.91' TO A FOUND IRON / / / / / / / / — PIN, THENCE 512°22'41'W 125.42 TO A FOUND IRON PIN, THENCE N43 1857 W 103.37 TO A / / i i FOUND IRON PIN, THENCE N53°39'39' W 78.88' TO A FOUND IRON PIN, LOCATED ON THE 'I SOUTH \\ �GHT-OF-WAY Q4 I ,' // / + \ N44°17401EF168.51' OA FOU D IRON PIN, N 2T -OF -WAY OF OLD WIRE ROAD, H28' 4"E 380.67' TENCE ALONG O A FOUND D ROAD I IRON PIN, > / I L _ �_ (.aP RO . LOCATIO )_ It , - / \ BEGINNING. CONTAINTHENCE LEAVING ING NG IN AD ROAD LL 95 ACRES, MORE OR LESS. SUBJECT TO ALL HT-OF-WAY 502M7'29'W 357.09' TO THE T OF �� ,� /i I /I V2'; PVC 'tWATER NE V /� /// N EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. J \ SECTION MAP 36 T -17-N, R -30-W SURVEYING NOTES STATE RECORDING NUMBER: 500 -17N -30W-0-36-330-72-1532 " - COMPLETED FIELD WORK \ AUGUST 7, 2007 / BASIS OF BEARING: / ' SURVEY PLAT BY BLEW & ASSOCIATES (P.L.S. #1532) / / FOR ALBERT ERBACH ON APRIL 10, 2007 AND / / -� / IDENTIFIED BY JOB #07-199. // REFERENCE DOCUMENTS: f 1. WARRANTY DEED FILED IN DEED BOOK 1178 AT PAGE 82. ( 2. SURVEY PLAT BY BLEW LAND SURVEYING (P.L.S. #0056) ! FOR ALBERT ERBACH ON MARCH 18, 2002 AND IDENTIFIED BY PROJECT #02-015. FLOOD CERTIFICATION: NO PORTION OF THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE "A" OR "AE" AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP FOR WASHINGTON COUNTY, ARKANSAS. 11 STATE PIJ+NE COORDS. (FIRM PANEL #05143C0084D DATED JULY 21, 1999) ZONING LEGEND: SUBJECT PROPERTY AND ALL PROPERTY SHOWN ON VICINITY MAP IS ZONED RSF-4. MASTER STREET PLAN LEGEND: COLLECTOR STREETS: 1. OLD MISSOURI RD 2. TOWNSHIP ST 3. OLD WIRE RD PRINCIPAL ARTERIAL STREETS: 1. COLLEGE AVE 2. MISSION BLVD 17G17IIj*1Q ! SURVEY FEATURES SURVEYING SYMBOLS BOUNDARY LINE BET/FOUND SIe' REBAR jJ SET/FOUNU ALUM. MONUMENT -------- FORTY LINE O SET/FOUND NA'.L O t SET/FOUND COTTON SPINDLE ----- CENTERLINE OF ROAD © FENCE CORNEA POST Q. SET/ FOUND PM NAIL ------- RIGHT-OF-WAY ® FOUND STONE . RAILROAD SPIKE ———-—- • FENCE TREE LINE Q STATE MONUMENT • TEMP BENCH MARK (ELEV.) (M) FIELD MEASUREMENT • FOUND PIPE A STAKE ON LINE (R) RECORDED MEASUREMENT COMPUTED PO NT TREE EASEMENTS UTILITY SYMBOLO ------- INGRESS& EGRESS EASEMENT ® SANITARY SEWN R (D TELEPHONE PEDESTAL ---------- BUILDING SET BACK MANHOLE ® WATER METER — — — — — UTILITY EASEMENT 0 POWER POLE ® SEPTIC LID IR1 WATER VALVE FIRE HYDRANT UTILITY LINES OO GAS METER ® STORM WATER —w —v -w -w —v— WATERLINE 0 ELECTRICAL BOX * LIGHT —.—.—.—.—.— OVERHEAD POWER LINE SURVEY FEATURE HATCHES —w——•—v-v- SEWER LINE E CONCRETE ®POND FLO—•—•—•—•—•— GAS LINE GAS LINEOPTICFELEPHPTE FEASPHALT —•—•—•—•— LINEAVEL FLOOD ZONE LAND USE DENSITY/INTENSITY UNITS/SF ACRES SINGLE FAMILY 0.5 UNITS/ACRE 1 2 100% COMMERCIAVCHILDOARE 2,500 SF/ACRE 5,000 2 4% 0' 60' 120' 180' 1 inch = 60 feet BLEW & ASSOCIATES • PROFESSIONAL ENGINEERS THE SUNSHINE HOUSE LAND SURVEYORS 2434 E JOYCE BLVD SUITE 2 • FAYETTEVILLE, AR 72703 DATE: 09/18/2007 PH. (479) 443-4506 FAX (479) 582-1883 htp://w .blewinc.com JOB #07-508 IDRAWN BY SEBO PLANNED ZONING DISTRICT