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HomeMy WebLinkAboutOrdinance 5200 Doc ID : 012632810005 TVDe : REL Recorded : 12/23/2008 at 02 : 30 : 24 PM Fee Amt : $35 . 00 Pace 1 of 5 Washlnoton Countv . AR Bette 6tamos Circuit Clerk File 2008-00039830 ORDINANCE NO, 5200 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 08-3121 (CORE PET WELLNESS) LOCATED AT 2406 NORTH OLD WIRE ROAD, CONTAINING APPROXIMATELY 0.58 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 08-3121 , Core Pet Wellness, 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 he%b�a1111,1u,,, �o� �(2KIT/�c amended to reflect the zoning change provided in Section 1 above. G� • ° ` °.s ''. PASSED and APPROVED this 2nd day of December, 2008. =Q: '.�� : FAYETTEViI_LE ; APPROV ATTEST: ''9''p �: tycP`e' •, y''• • 3 J .� By: By: "� aes�ssnese �`. DAN COO , Mayo SO DRA E. SMITH, City Clerk/Treasurer • EXHIBIT "A" • CPZD 08-312 CORE PET WELLNESS Close Up View 3 s f nk # r 1 a� at s s c rva rt Y'rhz+t i t lit� Y My.�'}..3 `f3 .n.NM^.s SUBJECT PROPERTY G a � t T.� icy `� •r �r a K ' 1 i e L L J * uw f J R71 J � Zq j t c m 0 92.5 25 150 225 mo era Feet EXHIBIT "B" C-PZD 08-3121 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 : COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST CORNER, SOUTHWEST CORNER, AND RUNNING THENCE N88°21 '00"W 275.73 FEET, THENCE N12°08'51 "E 30.58 FEET TO THE POINT OF BEGINNING, THENCE N89001128"W 176.81 FEET, THENCE N87°28 ' 10"W 63 .90 FEET, THENCE N34024' 36"E 67.88 FEET, THENCE N3700975355E 116.22 FEET, THENCE N40022'21 "E 20.75 FEET, THENCE S53046' 55"E 72.79 FEET, THENCE S43028'24"E 103.38 FEET, THENCE S12008'51 "W 53 .42 FEET TO THE POINT OF BEGINNING CONTAINING 0.58 ACRES MORE OR LESS. CONDITIONS OF APPROVAL: C-PZD 08-3121 Page 1 of 2 Conditions of approval for C-PZD 08-3121 (Core Pet Wellness) 1 . Street improvements. Township Street has been improved and Old Wire Road has been widened through the intersection, but does not have a sidewalk. Prior to issuance ofa building or construction permit the applicant shall pay an assessment for a 5-foot sidewalk along the project 's Old Wire Road frontage. Based on UDC requirements of $3/square foot of sidewalk and a total of 205 feet of frontage staffrecommends an assessment amount of$3,075. 00. (205 ft. x 5-11. sidewalk x $3/sq.ft= $3,075.00) 2. Determination of access. a. Phase 1. During Phase I the applicant proposes to utilize the existing access points off of Old Wire Road and Township Street. Due to the minimal amount of vehicle trips that would access the property during this phase, staff does not feel that it is warranted to require the access on Township to be removed. However, due to the driveway's close proximity to the Old W irefTownship intersection and hilly terrain and sight issues, staffdoes recommend that the driveway on Township be permitted for an exit only. Prior to opening for business the applicant shall install a sign for the driveway on Township indicating Do Not Enter or Exit Only. b. Phase Il. During Phase 11 the applicant proposes to move the driveway on Township to the east 250 feet away from the intersection. Staffrecommends in favor ofthe access as proposed in Phase 11, finding that the distance of the driveway from the intersection allows for adequate sight and turning movements. 3. Determination of compatibility with City Plan 2025 and existing surrounding land uses. Staff finds that the proposed use of the site for a small animal veterinary clinic in the existing single family residential house is compatible with the surrounding residential neighborhood and two adjacent small- scale non-residential uses. This proposed project encourages infill and redevelopment of an existing corner lot at a busy intersection, consistent with the City Plan 2025, while maintaining the integrity of the surrounding residential neighborhood. Stafffnds that the proposed C-PZD would be compatible with surrounding land uses and zoning and the City Plan 2025 with the following conditions: a. To improve the appearance of this property from the surrounding streets and to provide additional buffer between the proposed use and surrounding residences, the fenced in area for dogs to be walked shall be located away from the street and more interior to the property. The fence materials shall be a 6-foot wrought iron/decorative metal material. THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THE FENCELOCATION PROPOSED BYTHE APPLICANT, ADJACENT TO TOWNSH/P (11110108). b. To prevent views of deceased animals from adjacent properties, any deceased animals leaving the vet clinic shall be carried out to owners ' vehicles in a crate, box, or other container. 4. The zoning criteria for "Landscaping" on the plat should be revised to be consistent with the language in the booklet. 5. The maximum number of employees at any given time during Phase I shall be four (4) and during Phase 11 shall be five (5). One veterinarian shall be permitted during Phase I and two (2) veterinarians (one full-time and one part-time) shall be permitted during Phase II as described in the PZD booklet. 6. Prior to development of Phase I and Phase II this project will be required to go through the Site Improvement Plan (SIP) review, including an abbreviated tree preservation plan, landscape plan, parking lot permit, grading/drainage permit, as determined by staff and in accordance with the Fayetteville Unified Development Code. •CONDITIONS OF APPROVAL• C-PZD 08-3121 Page 2 of 2 7. As part of the parking lot permit review, the existing driveways (in Phase I ) may require improvements to be brought up to code with standard driveway requirements for a single family residence including a concrete apron within the right-of-way and a greater curb return radius. This may result in slight relocation and reconstruction of the driveway, based on City ordinance. 8. Prior to issuance of a certificate of zoning compliance or Certificate of Occupancy, verification shall be provided from the applicant to the Planning Division that the structure has met City of Fayetteville Fire Department requirements and any requirements under the review of the Fayetteville Animal Services Division. 9. Expansions on the property shall be limited to providing a veterinary clinic as indicated on the PZD site plan and booklet with a maximum of 10 parking spaces and 2,200 square feet of non-residential space. 10. 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. 11 . 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. If applicable, staff shall review any dumpster screen or materials prior to building permit. 12. A Certificate of Zoning Compliance shall be required prior to the start of operations of the veterinary clinic. 13. As indicated in the proposed zoning criteria, signage shall be limited to one wall sign on the house (maximum of 16 square feet) and one freestanding sign (monument sign only, maximum of 4 square feet, set back 15 from the right-of-way), in accordance with Chapter 174 of the Unified Development Code for Residential Office (R-O) Districts. 14. 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. 15. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 16. Impact fees for police, fire, water, and sewer shall be paid in accordance with City Ordinance. Washington County, AR I certify this instrument was filed on 12/23/2008 02:30:24 PM and recorded in Real Estete File Number 2008-0003 3 Bette Stamps - Circ it er by City of Fayetteville Staff Review Forrp� 9Z/d City Council Agenda Items � j �Qv and /0ZD 080.fv / Contracts, Leases or Agreements 4r..e P.Of kj]117. 5 12/2/2008 City Council Meeting Date Agenda Items Only Jeremy PatX Planning Operations Submitted By Division Department Action Required: R-PZD 08-3121 : Planned Zoning District (Core Pet Wellness, 292): Submitted by Blew and Associates, Inc. for property located at 2406 North Old Wire Road containing approximately 0.58 acres. The request is for zoning and land use approval of a Commercial Planned Zoning District for a veterinarian's office in the existing single family residential structure. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number: City A orney Date Received in ity - , d 11 - 11 08 Clerk's Ofrc Finance and Internal Service Director Date tt Received in Mayor's Office Mayor Date ents: Revised April 16, 2007 City Council Meeting of December 2, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations � p From: Jeremy C. Pate, Director of Current Planning d� Date: November 13, 2008 Subject: Commercial Planned Zoning District for Core Pet Wellness (C-PZD 08-3121 ) RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for Core Pet Wellness, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a veterinarian's office on approximately 0.58 acres. BACKGROUND The 0.58-acre property is located at the northeast corner of Old Wire Road/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 that is very close to the street, addressed at 2406 Old Wire Road. The large yard on the site has a large number of mature trees and underbrush on the perimeter property lines. The property is in the immediate vicinity of Gulley Park, a 27-acre community park. The applicant requests rezoning and land use approval of a Commercial Planned Zoning District (C-PZD) to allow for a veterinary clinic on the property. The clinic would utilize the existing house on the property. The hours of operation would be between 7:30 AM and 5 :30 PM. The maximum number of employees would be five over two phases of development. Animals seen in the clinic would be small animals only, not livestock such as horses or cattle. The services would involve animal surgeries and health care, and will not permit kenneling/boarding of animals. All animals would be kept indoors. DISCUSSION The Planning Commission voted 7-0-0 in favor of this request on November 10, 2008. Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 08-3121 (CORE PET WELLNESS) LOCATED AT 2406 NORTH OLD WIRE ROAD, CONTAINING APPROXIMATELY 0.58 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 I .C-PZD 08-3121 , Core Pet Wellness, 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 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" CpZD 08-3121 CORE PET WELLNESS Close Up View J , aPI I H F� f l 44 V Ix 6t P 7I' 40 .C7rx4''t tt 1t j ..."' ry, ' ° f xt•,, ' '2 a a5 `yds. 5 _ a SUBJECT PROPERTY r, 7-1 z JJ ok 71 MI Yi�r. z I .y •�,......... 3 tad !� r• n.sIFz Rt " ..., 1 tr l� r(•fy ` 1 >v Iry T 1 I res t c iE4Rv •1P .. Ld NIeW � I I 0 37.5 75 150 225 300 Orm�+ Feel EXHIBIT "B" C-PZD 08-3121 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 : COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST CORNER, SOUTHWEST CORNER, AND RUNNING THENCE N88021 100"W 275.73 FEET, THENCE N 12008 '51 "E 30.58 FEET TO THE POINT OF BEGINNING, THENCE N89001128"W 176.81 FEET, THENCE N87028' 10"W 63 .90 FEET, THENCE N34024' 36"E 67.88 FEET, THENCE N37009'53"E 116.22 FEET, THENCE N4002212137E 20.75 FEET, THENCE S530465553)E 72.79 FEET, THENCE S43028' 24"E 103 .38 FEET, THENCE SI 2008151 "W 53 .42 FEET TO THE POINT OF BEGINNING CONTAINING 0.58 ACRES MORE OR LESS. CONDITIONS OF APPROVAL: C-PZD 08-3121 Page I of 2 Conditions of approval for C-PZD 08-3121 (Core Pet Wellness) 1 . Street improvements. Township Street has been improved and Old Wire Road has been widened through the intersection, but does not have a sidewalk. Priorto issuance ofa building or construction permit the applicant shall pay an assessmentfora 5-foot sidewalk along the project 's.Old Wire Road frontage. Based on UDC requirements of $3/square foot of sidewalk and a total of 205 feet of frontage staff recommends an assessment amount of$3.075.00. (205 ft. x 5-11. sidewalk x $3/sq.ft= $3,075.00) 2. Determination of access. a. Phase 1. During Phase I the applicant proposes to utilize the existing access points off of Old Wire Road and Township Street. Due to the minimal amount of vehicle trips that would access the property during this phase, staff does not feel that it is warranted to require the access on Township to be removed. However, due to the driveway's close proximity to the Old Wire/Township intersection and hillyterrain and sight issues, staffdoes recommend that the driveway on Township be permitted for an exit only. Prior to opening for business the applicant shall install a sign for the driveway on Township indicating Do Not Enter or Exit Only. b. Phase 11. During Phase II the applicant proposes to move the driveway on Township to the east 250 feet away from the intersection. Staff recommends in favor of rhe access as proposed in Phase II, finding that the distance of the driveway from the intersection allows for adequate sight and turning movements. 3 . Determination of compatibility with City Plan 2025 and existing surrounding land uses. Staff finds that the proposed use of the site for a small animal veterinary clinic in the existing single family residential house is compatible with the surrounding residential neighborhood and two adjacent small- scale non-residential uses. This proposed project encourages infill and redevelopment of an existing comer lot at a busy intersection, consistent with the CityPlan 2025, while maintaining the integrity of the surrounding residential neighborhood. Stafff:nds,that the proposed C-PZD would be compatible with surrounding land uses and zoning and the City Plan 2025 with the following conditions: a. To improve the appearance of this property from the surrounding streets and to provide additional buffer between the proposed use and surrounding residences, the fenced in area for dogs to be walked shall be located away from the street and more interior to the property. The fence materials shall be a 6-foot wrought ironldecorative metal material THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THE MYCELOCATION PROPOSED BYTHE APPLICANT, ADJACENT TO TOWNSHIP (11/10/08). b. To prevent views of deceased animals from adjacent properties, any deceased animals leaving the vet clinic shall be carried out to owners ' vehicles in a crate, box, or other container. 4. The zoning criteria for "Landscaping" on the plat should be revised to be consistent with the language in the booklet. . 5. The maximum number of employees at any given time during Phase I shall be four (4) and during Phase f1 shall be five (5). One veterinarian shall be permitted during Phase I and two (2) veterinarians (one UI-time and one part-time) shall be permitted during Phase II as described in the PZD booklet. 6. Prior to development of Phase I and Phase 11 this project will be required to go through the Site Improvement Plan (SIP) review, including an abbreviated tree preservation plan, landscape plan, parking lot permit, grading/drainage permit, as determined by staff and in accordance with the Fayetteville Unified Development Code. •CONDITIONS OF APPROVA10 C-PZD 08-3121 Page 2 of 2 7. As part of the parking lot permit review, the existing driveways (in Phase 1) may require improvements to be brought up to code with standard driveway requirements for a single family residence including a concrete apron within the right-of-way and a greater curb return radius. This may result in slight relocation and reconstruction of the driveway, based on City ordinance. 8. Prior to issuance of a certificate of zoning compliance or Certificate of Occupancy, verification shall be provided from the applicant to the Planning Division that the structure has met City of Fayetteville Fire Department requirements and any requirements under the review of the Fayetteville Animal Services Division. 9. Expansions on the property shall be limited to providing a veterinary clinic as indicated on the PZD site plan and booklet with a maximum of 10 parking spaces and 2,200 square feet of non-residential space. 10. 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. 11 . 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. If applicable, staff shall review any dumpster screen or materials prior to building permit. 12. A Certificate of Zoning Compliance shall be required prior to the start of operations of the veterinary clinic. 13 . As indicated in the proposed zoning criteria, signage shall be limited to one wall sign on the house (maximum of 16 square feet) and one freestanding sign (monument sign only, maximum of 4 square feet, set back 15 from the right-of-way), in accordance with Chapter 174 of the Unified Development Code for Residential Office (R-O) Districts. 14. 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. 15 . Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 16. Impact fees for police, fire, water, and sewer shall be paid in accordance with City Ordinance. Wv?.1e ARKANSAS THE CITY OF FAYETTEVILLE. ARKANSAS PLANNING DIVISION CORRESPONDENCE Planning Commission Meeting November 10, 2008 TO: Planning Commission Members FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning 'DATE: November -; 20O Updated November 13, 2008 125 W. Mountain St Fayetteville, AR 72701 Telephone: (479) 575-8267 C-PZD 08-3121: (CORE PET WELLNESS, 292): Submitted by FRANK BLEW for property located at 2406 N. OLD WIRE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.58 acres. The request is to review a Zoning and Land Use only Planned Zoning District application for a veterinarian's office in the existing single family residential structure. Planner: Andrew Garner Findings: October 27, 2008 Planning Commission: This item was tabled at the October 27, 2008 Planning Commission because the applicant failed to notify all property owners within 100 feet of the project. The applicant has now met the notification requirements and the project may be forwarded to the City Council. The applicant has made some minor changes to the project in response to some of the Planning Commission concerns: • Animal Boarding (Use Unit 7) has been removed from the project. • The fenced -in area for animal bathroom breaks has been reduced in size and pulled away somewhat from Township Street as shown on the plats. The applicant also proposes the fence material to be 6 -foot, faux wrought iron as opposed to a standard wood privacy fence. • A second veterinarian is proposed to be permitted as part of Phase II. Property Description and Setting: The subject property consists of approximately 0.58 acres located at the northeast comer of intersection of Old Wire Road/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 that is very close to the street, addressed at 2406 Old Wire Road. The large yard on the site has a large number of mature trees and underbrush on the perimeter property lines. The property is in the immediate vicinity of Gulley Park, a 27 -acre community park. Surrounding zoning and land uses are depicted in Table 1. K:IReports120081PC ReporA21- November l0RR-PZD 08-3121 (CorePeiwellness).doc Table I Surroundina Land Use/Zonina: Direction from Site Land Use Zoning North Sunshine House Child Daycare (in a residential structure) C-PZD South and East Single Family Residential RSF-4 West Office (in a residential structure) RSF-4 Proposal: The applicant requests rezoning and land use approval of a Commercial Planned Zoning District (C-PZD) to allow for a veterinary clinic on the property. The clinic would utilize the existing house on the property. The hours of operation would be between 7:30 AM and 5:30 PM. The maximum number of employees would be five. Animals seen in the clinic would be small animals only, not livestock such as horses or cattle. The services would involve animal surgeries and health care. All animals would be kept indoors. No board of animals is proposed. Dogs will be taken outside twice daily for bathroom breaks in a fenced -in area. No animals are proposed to be left outside for any extended period of time. Phasing: The project is proposed in two phases as follows: Phase I. The house will remain as -is and four gravel parking spaces will be added to the back yard as shown on the site plan. The existing driveway and access onto Old Wire Road and Township Street is proposed to remain. A portion of the existing deck/porch will be enclosed to provide bathrooms in compliance with ADA. There will be one (1) veterinarian and a maximum of four (4) employees in this phase. Phase II. The existing house would be moved to a more central location on the site. Additional space would be added to the house. The existing drive on Township Street would be moved and the new drive relocated towards the east line of the property away from the intersection. A new paved parking lot would be constructed in the northern portion of the site with a maximum of ten (10) parking spaces. There will be two (2) veterinarians (one full-time and one part-time) and a maximum of five (5) employees in this phase. Access: In Phase I access to the site is provided to Old Wire Road and Township Street off of the existing driveway to the house. In Phase lithe existing driveway onto Township Street would be relocated away from the intersection and towards the east property line. Water & Sewer: Water and sewer lines are available to the property. Adjacent Master Street Plan Streets: Township Street and Old Wire Road (Collector Streets). Right-of-way Dedication: The submitted survey indicates that adequate right-of-way exists along Township Street and Old Wire Road in accordance with the Master Street Plan. No additional right-of-way dedication is required. Tree Preservation: This PZD proposes to eventually move the existing house and construct a new 10 -space parking lot. A tree preservation plan is required to be approved by the Urban K:1Reports120081PC ReportsUl- November /OAR-PZD 08-3121 (CorePetlVellnessJ.doc Forester prior to issuance of grading and parking lot permits. A tree preservation plan or abbreviated tree preservation plan would be required at the time of Site Improvement Plan (SIP) review, with a minimum percent canopy of 25% required. Public Comment: At the October 2, 2008 Planning Commission meeting one member of the public was in favor and two were opposed to the project for various reasons. Comments in favor discussed that the project would remove the privacy fence in front and open up the corner, and this busy corner lot is not appropriate for single family residential. Those opposed discussed traffic and safety issues, noise, and a change in the residential character of the neighborhood. Recommendation: Staff recommends forwarding C-PZD 08-3121 to the City Council with a recommendation for approval with the following conditions: Conditions of Approval: Planning Commission determination of street improvements. Township Street has been improved and Old Wire Road has been widened through the intersection, but does not have a sidewalk. Staff recommends that prior to issuance of a building or construction ... permit the applicant pay an assessment for a 5 -foot sidewalk along the project's Old Wire Road frontage. Based on UDC requirements of $3/square foot of sidewalk and a total of 205 feet of frontage staff recommends an assessment amount of $3,075.00. (205 ft. x 5 -ft. sidewalk x $3/sq.ft.= $3,075.00) THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (11/10/08). 2. Planning Commission determination of access. a. Phase I. During Phase I the applicant proposes to utilize the existing access points off of Old Wire Road and Township Street. Due to the minimal amount of vehicle trips that would access the property during this phase, staff does not feel that it is warranted to require the access on Township to be removed. However, due to the driveway's close proximity to the Old Wire/Township intersection and hilly terrain and sight issues, staff does recommend that the driveway on Township be permitted for an exit only. Prior to opening for business staff recommends that the driveway on Township have a sign installed indicating Do Not Enter or Exit Only. b. Phase II. During Phase II the applicant proposes to move the driveway on Township to the east 250 feet away from the intersection. Staff recommends in favor of the access as proposed in Phase 1I, finding that the distance of the driveway from the intersection allows for adequate sight and turning movements. THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (11/10/08). 3. Planning Commission determination of compatibility with City Plan 2025 and existing surrounding land uses. Staff finds that the proposed use of the site for a small animal veterinary clinic in the existing single family residential house is compatible with the surrounding residential neighborhood and two adjacent small-scale non-residential uses. This proposed project encourages infill and redevelopment of an existing corner lot at a K:IReporEs120081PC Reporlsl2L November 1018-PZD 08-3121 (CorePe(Rellness).doc busy intersection, consistent with the City Plan 2025, while maintaining the integrity of the surrounding residential neighborhood. Stafffinds that the proposed C-PZD would be compatible with surrounding land uses and zoning and the City Plan 2025 with the following conditions: a. To improve the appearance of this properly from the surrounding streets and to provide additional buffer between the proposed use and surrounding residences, the fenced in area for dogs to be walked shall be located away from the street and more interior to the property. Should the Planning Commission determine the proposed location of the fence is appropriate, the materials shall be a 6 -foot wrought iron materials. THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THE FENCE LOCATION AS PROPOSED BY THE APPLICANT (11/10/08). b. To prevent views of deceased animals from adjacent properties, any deceased animals leaving the vet clinic shall be carried out to owners' vehicles in a crate, box, or other container. THE PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (11/10/08). 4. The zoning criteria for "Landscaping" on the plat should be revised to be consistent with the language in the booklet. 5. The maximum number of employees at any given time during Phase I shall be four (4) and during Phase II shall be five (5). One veterinarian shall be permitted during Phase I and two (2) veterinarians (one full-time and one part-time) shall be permitted during Phase II as described in the PZD booklet. 6. Prior to development of Phase I and Phase II this project will be required to go through the Site Improvement Plan (SIP) review, including an abbreviated tree preservation plan, landscape plan, parking lot permit, grading/drainage permit, as determined by staff and in accordance with the Fayetteville Unified Development Code. 7. As part of the parking lot permit review, the existing driveway may require improvements to be brought up to code with standard driveway requirements for a single family residence including a concrete apron within the right-of-way and a greater curb return radius. This may result in slight relocation and reconstruction of the driveway, based on City ordinance. 8. Prior to issuance of a certificate of zoning compliance or Certificate of Occupancy, verification shall be provided from the applicant to the Planning Division that the structure has met City of Fayetteville Fire Department requirements and any requirements under the review of the Fayetteville Animal Services Division. 9. Expansions on the property shall be limited to providing a veterinary clinic as indicated on the PZD site plan and booklet with a maximum of 10 parking spaces and 2,200 square feet of non-residential space. 1.0. Any expansion of the residential structure on the property shall be reviewed by Planning K:1Reports120081PC Reponsl21- November J0IR-PZD 08-3121 (CorePetwelness).doc staff to ensure that the architectural style is consistent and compatible with the existing house. 11. 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. If applicable, staff shall review any dumpster screen or materials prior to building permit. 12. A Certificate of Zoning Compliance shall be required prior to the start of operations of the veterinary clinic. 13. As indicated in the proposed zoning criteria, signage shall be limited to one wall sign on the house (maximum of 16 square feet) and one freestanding sign (monument sign only, maximum of 4 square feet, set back 15 from the right-of-way), in accordance with Chapter 174 of the Unified Development Code for Residential Office (R -O) Districts. 14. 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. Standard Conditions of Approval: 15. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 16. Impact fees for police, fire, water, and sewer shall be paid in accordance with City Ordinance. Planning Commission Action: ❑ Denied ❑ Tabled X Forwarded to C.C. Motion: Lack Second: Cabe Vote: 7-0-0 Meeting Date: November 10, 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: IReports120081PC Reponsl2l- November 10tR-PZD 08-3121 (CorePetlwellness).doc Findings associated with C-PZD 08-3121 (Core Pet Wellness). 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 C-PZD 08-3121 for a veterinary facility to be operated out of the existing single family residence on the property is consistent with the land use plan and compatible with land uses in the vicinity including single family residential, a day care facility, a law office and park uses. The proposed veterinary clinic can;help provide a piece of a complete neighborhood. The proposed business would retain the general appearance of a single family residence with a large yard and some contiguous areas of tree canopy and vegetation. This property is located at the -busy intersection of Old Wire Road and Township Street less than a quarter mile from Gulley, Park, a 27 -acre regional park. In addition this property is located across the street from ;a professional office being operated out of a residential structure (log cabin) and is :adjacent to a small child day care facility (Sunshine House) also being operated out of a residential structure. The parking area would generally be located behind the house, and. would be screened from the street with trees and shrubs. The existing infrastructure and public services are adequate to support a veterinary facility on this busy roadway. Staff has concerns with the proposed location of the privacy fence for the dog walking area. The fence is proposed adjacent to the right-of-way along Township. To improve the appearance of the street and provide additional buffer between the outdoor space for animals and the single family residences, staff recommends the fence be located away from the street and more interior to the property. (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 K:IReports120081PC ReportsW- November 10IR-PZD 08-3121 (CorePetWellness).doc • provision of public facilities, at the cost of the developer. As stated in Finding No. 1, public services are adequate to serve the veterinary facility on the property. Existing public services are currently provided to the existing single family residence on the property. Staff is recommending assessment for sidewalk improvements to Old Wire Road, based on an anticipated increase in use/traffic on the property from that of a single family residence. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The rezoning request, combined with the Master Development Plan, would allow a small -animal veterinary facility to be operated out of the existing residential structure on the property, with adequate parking for client and employee parking. As stated in Finding No. 1, staff has concerns that the privacy fence in front of the house is not compatible with surrounding land uses. Staff recommends conditions of approval to offset impacts regarding this issue. The proposed signage allowed under the zoning would be an unobtrusive two -foot by two - foot monument sign and a four -foot by four -foot sign on the building. A maximum of five () employees, 2,200 SF of nonresidential space and 10 parking spaces would be allowed under this zoning. This lot is fairly isolated and buffered from other residences as it is located at a very busy intersection and is surrounding by nonresidential uses on two sides, • and mature tree canopy on a third side. There is an adjacent single family residence to the east, however this residence is generally buffered by existing dense tree canopy. The single family residences to the south are fairly isolated from this property because of Township Street and the homes do not face or access onto Township. 'There is a high volume of traffic on Old Wire Road and Township Street, Collector Streets. Staff finds that the proposed PZD would generally provide compatibility and transition with the surrounding uses in this area. This veterinary facility would complement the existing residential and non-residential uses in the neighborhood, with the conditions recommended. (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 0.58 acres. The site is not large enough to accommodate a full-scale veterinary operation generally found within commercial districts. However, limiting the use to one (1) veterinarian, small -animals, and no boarding/kenneling will provide a much lower intensity of use that is suitable for this property. The appearance of residential use of the property would generally be retained with project, with exception of the parking area. The parking area would be screened with 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 K:1ReporIs120081PC Reporlsl2l- November 1018-PZD 08-3121 (CorePellVellness).doc existing road network; FINDING: The intended land use, veterinary facility, will result in minimal impacts to the existing traffic conditions. During Phase I of the development where the existing house would be improved slightly to 1,300 square feet and a maximum of four gravel parking spaces would be provided, staff anticipates the traffic impact would be generally comparable to the existing single family residence of about 10 average daily vehicle trips. During Phase II of the development where the existing house is moved to the central portion of the site, is expanded to 2,200 square feet and a new 10 -space parking lot is constructed, increased traffic beyond that of a single family residence would result. Staff recommends in favor of the applicant's proposal to allow the existing driveway to be utilized for Phase I as an exit only on Township, and that the driveway be relocated away from the intersection in Phase II. As both Old Wire Road and Township are improved in this location, the only street improvement recommended is for a sidewalk assessment for the un-constructed sidewalk along the property's Old Wire Road frontage. (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 further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. FINDING: The proposed Core Pet Wellness PZD provides for a veterinary facility in a busy residential area at the intersection of Old Wire Road and Township Street, Gulley Park, a professional office, and a child day care facility. Access would be provided through the existing driveway onto Old Wire Road and Township Street. The location of the K: IReports120081PC Reportst2l- November 101R-PZD 08-3121 (CorePetWel/ness).doc existing driveway on Township Street does not provide adequate sight distance to the east and west along Township Street. However, due to the proposed low volume of traffic that would be accessing this driveway, staff does not find that it is appropriate to require this curb cut and driveway be removed with Phase I, with the addition of signage to identify it as an exit only. The driveway on Township would be moved away from the intersection with Phase II, when traffic to the site would increase, providing adequate sight and stacking distance at the intersection, in accordance with UDC requirements. There is a large amount of existing tree canopy, and as indicated in the PZD booklet the canopy on the east and north sides of the site 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 veterinary 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 to ensure this project's compatibility and transition with surrounding land uses. (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 Township Street and 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. (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 K:IReports120081PC Repor:s121- November 101R-PZD 08-3121 (CorePedWellness).doc considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: As stated in Finding B.1, access to the veterinary facility will be provided to Old Wire Road and Township Street as indicated on the site plan. As part of the parking lot permit review, the existing driveway may require improvements to be brought up to code with standard driveway requirements for a single family residence including a concrete apron adjacent to the right-of-way and larger curb return radii. 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 veterinary 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. Staff recommends that the contribution be provided prior to development. (7) Street Lights. As required by § 166.03. FINDING: This PZD is not subject to the street light requirements at this time. (8) Water. As required by §1.66.03. K.'IReports120081PC Reportsl2l-November I0IR-PZD08-3121 (CorcPetlVellness).doc 0 FINDING: Public water lines are available along Old Wire Road. (9) Sewer. As required by §166.03. FINDING: Public sewer lines are available to the property. (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 bya 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:Reportsl20081PC Reporisl2l- November I0IR-PZD 08-3121 (CorePetWellness).doc C 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:IReports12008UPC Reportsl2/- November JOUR-PZD 08-312/ (CorePetWellness).doc C (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 the parking lot, and prior to any subsequent development on the property. Tree canopy to be preserved shall be a minimum of 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 CommissionS 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 K: IReports12OO8IPC ReporlsQl- November IOIR-PZU 08-3121 (CorePenWellness).doc or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above andrshall 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. KAReporns12008V'C Reporls121- November 1018-PZD 08-312/ (CorePetlfelness).doc (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. The association must be able to adjust the assessment to meet changing needs. FINDING: The applicant shall comply with these requirements. 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. Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. Compatibility. Providing for compatibility with the surrounding land uses. Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under K:IReports120081PC Reportsl21- November 1018-PZD 08-3121 (CorePedf ellness).doc S • conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. FINDING: Staff finds this proposal meets the intent of many of the parameters of the City Plan 2025, as well as the above ten criteria, including compatibility, transition of land use, harmony, and flexibility to mix a veterinary facility with this neighborhood, and to provide supporting services for the surrounding residential and non-residential land uses. The addition of a veterinary facility in this location helps meet the intent of the Guiding Policy for Residential Neighborhood Areas to provide complete neighborhoods. Staff recommends conditions of approval to ensure compatibility with the surrounding residential neighborhood. • (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 includethe 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: K:IReports120O81PC ReporM21-November IOIR-PZD 08-3121 (CorePetWellness).doc (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. (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 with conditions, 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 veterinary facility. (F) Bulk and area regulations (1) Residential density. Residential densities shall be determined on the basis of the following considerations: K:IReports120081PC Reportsl2l- November 7018-PZD 08-3121 (corePetWellness).doc (a) The densities of surrounding development; (b) the densities allowed under the current zoning; (c) the urban development goals and other policies of the city's General Plan; (d) the topography and character of the natural environment; and (e) the impact of a given density on the specific site and adjacent properties. FINDING: 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 0.58 -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 similar to the surrounding RSF-4 zoning, with the exception of a reduced front . building: setback to bring the existing house into compliance as it is very close to the street. It should be noted that one additional structure, a storage shed, is 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 and 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 (25%) is less than the lot coverages in the surrounding RSF-4 zoning (40%), to ensure that the additional greenspace is provided. K:IReports120081PC Reportslll- November 10IR-PZD 08-3121 (CorePetWellness).doc *Required Findings for Rezoning Request. Land Use Plan: The City Plait 2025 Future Land Use Plan designates this site as Residential Area. Rezoning this property to C-PZD 08-3121, with the associated Master Development Plan, meets this designation, in that a low -intensity non-residential use is being provided at a corner intersection to provide services to surrounding residents. The proposed veterinary facility will be operated out of the existing single family residence. The appearance of the property will be retained as residential, although the veterinary facility will be available to the neighborhood and greater Fayetteville area. The large amount of tree canopy and location of this lot at a busy intersection of two Collector Streets make it an appropriate location for a veterinary 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 veterinary facility in this area near two busy Collector Streets providing major north -south and east -west connections through this area of the City. A veterinary facility can help provide a piece of a complete residential neighborhood. The proposed zoning allows for needed non- residential services in this predominantly residential area near a regional park, a small professional office, and a small child day care facility. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning of this property for a neighborhood -scale veterinary facility in this largely residential area of Fayetteville is justified, based on the findings herein. 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. a majority of the surrounding street frontages are improved, however, an assessment for sidewalk along Old Wire Road is recommended. 4. A determination as to whether the proposed zoning would alter the population density K:IReporis120081PC Reporlsl2l-November /01R-PZD 08-3121 (CorePerWellness).doc 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 0.58 -acre parcel could potentially support two single family residences and the zoning would not allow any new residences to be constructed. Engineering: Public water is available to the property. There is a 2" water main across the property and a 6" main on the west side of Old Wire Road. The capacity of the existing main may need to be evaluated at the time of development Sanitary sewer is available to the site. There is a 6" sewer main on the south side of Township. Sewer may need to be extended through the property at the time of development. The site has access to Old Wire Road and Township Street. Old Wire Road is a partially improved paved two lane city street. Township is an improved three lane city street in this location. 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: This project is 1.5 miles from Station 5 located at 2729 Crossover Road with an anticipated response time of four (4) minutes. Adverse impacts to response times or call volumes are not 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:1Reports120081PC Reportsl2l-November 10IR-PZO08-3121 (CorePet We/Mess) .doc The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fuicher From: David Williams, Battalion Chief Date: November 3, 2008 Re: C-PZD 08-3121 Core Pet Wellness This development will be protected by Station 5 located at 2979 Crossover Road. It is 1.5 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. • The Fire Department anticipates 1-2 EMS calls for service each year with this type of development. The Fayetteville Fire Department does not feel this development will affect • our calls for service or response times. 'We have not received the measured hydrant flow in this area from the water department yet. If you have any questions please me. (David WilThzms David Williams Fire Marshal Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! Date 10/2/08 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, This document is in response to the request for a determination of whether the proposed C-PZD 08-312: (Core Pet Wellness, 292) Submitted by Frank Blew for property located at 2406 Old Wire Road would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. The property contains approximately 0.58 acres. It is the opinion of the Fayetteville Police Department that this C-PZD will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This C-PZD will not create an appreciable increase in traffic danger and congestion. Sincerely, Captain William Brown Fayetteville Police Department R- D 08-3116: (THE St iMIT, 560/561): Submitted by APPIK ?ZjENTER,vdk DESIGN for pr erty located at THE S END OF ROSE AND PARIS AVENUES, S O 6TH STREET AND E ZORBACK RD. The property is zoned RMF-24, MULT AMILY -24 UNITS/AC ND RMF-40, MULTI FAMILY - 40 UNITS PER 2RE and contains approximately 19. acres. The request is for zoning, land use development approval for a Residential Planned Zwj,1ng District with 293 multi -family dyelling units and a church. Planner: Jesse Fulcher Public water is available to the pr erty. There is 6" main along Paris Avenue. Water will need to be extended through the prop y at the me of development to provide domestic service and fire protection. A water system stu need to be performed to determine whether off - site improvements will be required to pr er serve this development. Sanitary sewer is available to the ' e. There is a 6' ublic main along Paris Avenue. Sewer will need to be extended through property at the time o evelopment. The capacity of the existing main will need to evaluated at the time of deve ment. Off -site improvements are expected. The site has aces to Paris Ave. Rochier St. and Rose Ave. Pans A is a narrow paved two lane city stre Rockier St. is a narrow paved two lane city street. Ro Ave. is a narrow paved two lane ' y street. Off -sire improvements are recommended for Rockier . along the project fronts and for Paris Ave. from Sixth St. south to the site. Rose Ave. will al be constructed St. up to the subject property. • Standard improvements and requirements for drainage will be required for the development. • This property is not affected by the 100 -year floodplain. C-PZD 08-3121: (CORE PET WELLNESS, 292): Submitted by FRANK BLEW for:property located at 2406 N. OLD WIRE ROAD. The property is zoned RSF-4, SINGLE FAMILY'- 4 UNITS/ACRE and contains approximately 0.58 acres. The request is to review.a Zoning and Land Use only Planned Zoning District application for a veterinarian's office in the existing• structure. Planner: Andrew Garner Public water is available to the property. There is a 2" water main across the property and a 6" main on the west side of Old Wire Rd. The capacity of the existing main may need to be evaluated at the time of development Sanitary sewer is available to the site.. There is a 6" sewer main on the souh side of Township. Sewer may need to be extended through the property at the time of development. The site has access to Old Wire Road and Township Street. Old Wire road is an partially improved paved two lane city street. Township is an improved three lane city street in this location. Street improvements will be evaluated with the proposed development. Standard improvements and requirements for drainage will be required for the development. This property is not affected by the 100 -year floodplain. 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 PARKS AND RECREATION DIVISION CORRESPONDENCE To: Fayetteville Planning Commission CC: Andrew Garner, Planner From: Greg Howe, Urban Forester Date: October 22, 2008 ITEM #: C-PZD 08-3121: Planned Zoning District (Core Pet Wellness) TREE PRESERVATION PLAN i. The Urban Forester has no objections to the Phase i conceptual plan indicated on the plan submitted. 2. An Abbreviated Tree Preservation Plan will be required when the development comes through the permitting process. This should include but will not be limited to: a. A full tree inventory of all significant trees; b. Canopy calculations including existing canopy, preserved canopy and removed canopy; and c. A survey of the location of trees that will have critical root zones directly affected by the development. 3. The site has existing canopy, mostly along fence lines. The development should be designed to work around as many existing trees as possible, 4. Phase 2 development submittals will require a full review by the Urban Forester and compliance with the Tree Preservation and Protection requirements in place at the time of plan submittal. The following comments are informational only and are based on the current Tree Preservation and Protection Ordinance; a. Attempt to re -locate the basement and structure further to the northwest, towards the setback line. It appears by shifting the structure in this way it will i. pull the structure away from trees to the southeast ii. allow for the shifting of the drive off Old Wire Rd way from trees, and iii. pull the parking area away form the trees along the northern boundary. b. Move parking spaces 9 and to further to the northwest out form under tree canopy. c. If possible, eliminate parking space 8 since it is only 6ft from a tree trunk as depicted on the plan. 0 =• CPZD08-312 CORE PET WELLNESS Close Up View I: n w `•- s y+ : i t Y.aj ^ f. N y} PFD a< '.f. .+- �. .> h p , rt r ♦ :x \.yf ` PSFJ iP8 ♦ + to rt iy :.i • 0 5 'a i �` 'o I,f7— v_ � 'A•+., r � —i�' c ? � 1. � 4 M f •yk v 1♦ Y v,* • s • 'A Q ♦ Y.� v a 4? e u ..• T u F �� Ix .y .�: i J .i r • nL S �� Ik n E9� P ,y � 1 I°1_. f i ry fv ..d ykvk 1- wi iv• _ 1 A n Y _ 8�tl 1 v a i YU'E � / s v 4, ii"T..- L^/yM% tid♦.. aq s k f \Y �. - wi... 34 4 1 _ y - n A ' ll l ✓i ( ' �vS3F. ! k 3 � _ .41�{x-' y.k! 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HIll5 urn rrrvw,ai�^rwrnrriyyrr�r It n r-OAKCUFFST J,. _ RSFJ { RSFJ�; �RSFd O 'd /�c� . rmy ml F/ T 'r` T1 mi p w '.d�RSFJ a. \c 5 ��RSFd0� /RBfd'Q of `` ` 3,RGF �JI r¢ w, • � wi \yI ry(-^�"[�� al' : V. PN WIRE OOQ� F �Im'\_�E IHSF-4 3` r KOR ,IftscJ� ASHBRO6 RSFJgSFJ ` - �- 1=*/ SUBJECT PROPERTY �; ' Rsf�' O. �% Vii. RSFd d .hyµ{�✓ �(��q ASFd WcocBR00 40 5 OJP{p T^ �i ea'^ Nf �V WnHI—ol -0eFTH AV r str'.y.e..V. art4HTOWNSHIP H4I R$Fd ,0.Y0 1p ' TOW HIP • ��r.. WNSe�1@S�ISOWNSXIP RSF! •¢' 0 LN PUVNY yl • Sy RSFJ : RSFd RsFJGENT, OAKS LN ;"F R PST OAKS DR '5 •+" �V �• _ O_ _RSFJ 1 BOIS DE ARCIN I. ^' . PEEL ST r a. m r RSFd I RSFJ RSFa W WINDY HILL Si I. it URDA-s RGFd`Y /iSTEWART STI �` i. �\�pBIl OAKS DR •„i r \. 1 P0.D/ SUSAN OR i TALLOAKSOR GOl I t +- FSfJ YRSF- —� f`---7 OENOAKSDR O r t rti \ R74 i L w Yi RBFJ R$Fa i L � CpppER OA 0.2 tt 5 N >£ .. a __ Ia. I�• aRENT_LN y�, a RSFi PASFJOR5Fd OVE0.CARMSF„_ $Fd Y -ANT RAK3 . i �MFIIA 5 S J R$FJ of C , N Ii Q . , ��' ?(h. y�:_r"wiNtzyB d`fLN 3J DR f0 f' RO 1 .y- < <-4h1 O ELMYIDO0�--' 1 rir g RSFJ L� rT�I yak , lyl � 1 m c R$Fd I I l3 , r ry �I p X WINBAUGHLN 11. Rm,4a RIVATE 192)OR ) W it 'R; FI. RSFJ al �y, ,� w.. {'-f 01 —~ I�r_• O �AAIBER DR PIr,BfgO O> �; � 1 Yi ml alb Gl 59Rr Ia rvLl iJ Za 4rc \_%�. RS ��_o� / • IJ ��?. Qlp'fr{s°�t 'J}'-{ �l 1 fMlBSlI '�LND.; ARRnnn. i@a r ��LtL .::. I ^ } Ov ♦.'1 , ...f''sSa>v .-v' flfdF.tir 4r I -,4 .R i �I ASH BT �1 -A i y� � �t Ad` n :- w 'P9'f �5' • O� v 1� GI I wl RSFI_��__-' !pSFJ�\� RSFd� •- ,` RSFtd2 fi /RiSTBiPL_UL� e Fd EDNA ST aq$fJ: �r ff y RSfdl yyaxT .. a Rd AMELOTPt I r .Y CSl p I LIP CTFC;1 �5�,OR,`�� I1 -RSFd it -W: a F(pp3 J'NF.1A iGH ?Wl /. p W I eS IIAMMO @ -V" YHs ' pI RSFJ RSFJr nL P. r .., f-- /rr RSFJ .. Z SIRWINS .f ', p =1 MFANDE0.IN WAY n" CVO .f) .. �Ft l i 4 m I v. ROLY I >-0} a, FI . NWOO 0 . y RSiJI .I RSF T.1 O' > �mMEANDERIN�WA ' L RSFJ zHOPEaST'N`ST q�IEBURYr El 1 . . FS r. Overview Legend Boundary Subject Property "_' Planning Area ® CPZD0&3121 "'' `n O�eday District ..•❑ cDoonn Outside City Legend ® Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les CPZD08-3121 Future Land Use CORE PET WELLNESS • i +•�.A�Y) t.A (4e • w JS_ iiI';iimj rry 45 •s• F ..�.u.+J •.w .1 • x _ Overview Legend Subject Property MCPZD08-3121 Boundary r_, Planning Area Streets District 0f0Overlay 0n1, Existing Outside City Nk� Planned ' Legend 0 37.5 75 150 225 300 Feet C-PZD BOOKLET CORE PET WELLNESS A VETERINARY CLINIC NOVEMBER 12, 2008 PREPARED BY: Blew & Associates, Inc. Civil Engineers Professional Land Surveyors 524 W. SYCAMORE, SUITE #4 - FAYETTEVILLE, AR 72703 - 479-443-4506 S • A. Current Owner: Ronald Wilkins 1227 N. Crestwood Dr. Fayetteville, AR 72701 Applicant, Contingent Buyer: Romy Core 1380 E. Ash Fayetteville, AR 72703 B. The intent of this C-PZD is for the applicant, Romy Core, to be able to provide veterinary services to her clients from the existing house on this property. This PZD contains two phases. During the first phase of this PZD, the house will remain as -is, and four parking spaces will be added as shown on the PZD drawing sheet 1. In order to make the restrooms in the existing house comply with ADA requirements, a portion of the existing deck/porch will be enclosed as shown on the PZD plan. We will allow an additional 300 square for this purpose. The existing board fence will be removed. At the southeast corner of the house, a small area will be enclosed with a more aesthetically pleasing fence such as wrought iron. This will allow the space to be more open with improved visibility creating a more pedestrian friendly walkway along the street. The fence will be attached to the building as shown on the plats in order to maintain animal safety as well as escape prevention. Because this will be a low volume clinic, only one client can be seen at a time with a possible overlap in appointments creating at the most two customers entering or existing at one time. Therefore, the traffic generated by this veterinary practice will be similar to its current use as a residential home. Phase two of this project will take place in the future, however provisions will be made for this phase in this PZD zoning ordinance. Phase 2 consists of moving the existing house to a more central location. Because of the restriction in space, a basement will be constructed and the home will be set on this basement. Additional space would be required in order to provide interior access to the basement, therefore some additional square footage will be allowed in this zoning for this task. Also included in phase 2 is connecting the drive on Old Wire Road to a new drive on Township. The existing drive on Township would be removed and the new drive would be relocated towards the far east line of the property in order to provide better traffic movements at the intersection. This proposed future phase is. illustrated in sheet 2 of our PZD drawings. The primary goal is that both phases would keep the home and lot looking like a residential area, and not a commercial building. We feel that this proposed use will relate to the surrounding properties in appearance as well as use, and maintain the same amount of traffic generated by this site. The property to the west was converted from a home to a law office, and the property to the northeast was converted from a home to a daycare center. Both buildings, including the building on this site will retain the residential style character of the surrounding properties. This clinic would maintain normal hours of operation between 7:30 a.m. and 5:30 p.m. The maximum number of employees present at a given time for Phase I will be 4, and in Phase 2 there will be 5 with the possibility of a part time assisting veterinarian. Parking for phase 1 would require only 4 spaces, however when the second phase is developed, the lot will be reconfigured and an estimated 6-8 spaces would be constructed. Animals seen at this clinic would not involve any large farm animals such as horses or cattle. The types of services that will occur here would involve animal surgeries and health care. Deceased animals will be hidden from the public view at all times. All animals will be housed indoors; only short-term stays will be allowed in Phase I. These stays would be the result of surgeries or illness. There will be no long term boarding. Because some pets will be here over extended amounts of time throughout the day, the dogs will go outside twice daily for bathroom breaks. This would involve Core Pet Wellness — C-PZD 219 someone taking one animal at a time out on a leash for only a few minutes inside of a fenced -in area. No animals will be left alone outside for any extended period. C. 1) Street and Lot Layout: The home will remain as -is, with the exception of the restroom expansion which will allow for the use of an ADA compliant restroom, and parking will be added as shown on the site plan. Parking will be accessed from the existing driveway. For phase 2, the driveway on township will be relocated farther East of the intersection of Old Wire Road and Township. This new drive will connect to the drive on Old Wire Road as shown on sheet 2 of the PZD drawings. 2.) Site Plan showing Proposed Improvements: The site plan submitted shows the only proposed improvements of parking spaces. The existing driveways will be improved to comply with the current UDC requirements. 3.) Buffer Areas: The lot provides its own natural buffer areas with the existing tree canopy surrounding the property on the north and east sides. 4.) Tree Preservation Areas: An abbreviated tree preservation plan will be submitted at the time of development. 5.) Storm Water Detention Areas and Drainage. Storm water detention areas and drainage will comply with Fayetteville Unified Development Code and will be reviewed at the time of development. 6.) Undisturbed Natural Areas: The existing tree canopy along the north and east property lines will remain undisturbed to provide a vegetative buffer. 7.) Existing and Proposed Utility Connections and Extensions: The existing building will remain unchanged in Phase 1 and it currently has water and sewer service; therefore, there are no proposed utility connections or extensions with Phase I. Changes made in Phase 11 will require some re -plumbing of services and will comply with current building code. 8.) Development and Architectural Design Standards: We are not proposing any new architectural design standards at this time. The house will remain as -is. Any future development on this site will be required to keep with the residential character of the neighborhood. See pictures in the appendix of this booklet. Core Pet Wellness — C-PZD 3/9 9.) Building Elevations The existing house will remain as -is, and for phase 2, the house will be moved. A small storage shed will be purchased and placed on site, but shall be required to have a residential character containing wood, brick, or stone. No sheet metal buildings will be allowed. Pictures of the house and proposed storage shed are included in the appendix to serve as building elevations. D. This project shall consist of two phases. The first phase will involve leaving the house as -is, and providing four parking spaces with landscaping. A portion of the deck/porch will be enclosed to allow for the use of a required ADA restroom. This phase will be completed within one year of the approval date. The second phase involves moving the existing home to a more centralized location on the lot. This phase to be completed within ten years of the approval date. Because of the restriction in space, a basement will be constructed and the home will be set on this basement. Additional space would be required in order to provide interior access to the basement, therefore we request some additional square footage be allowed in this zoning for this task. When this phase takes place, the new basement will allow for a soundproof space for animals to be kept, which will prevent any noise to the neighbors. The existing drive on Township would be moved to the East and a circular drive would be constructed which would connect this relocated drive to the existing drive on Old Wire Road. New parking spaces would also be constructed for the new layout. E. There shall only be one planning area on this site. F. Proposed Zoning and Development Standards Land Use Designation: A.) Permitted Uses By Use Unit: Unit 1 City -Wide Uses By Right Unit 8 Single -Family Dwelling Unit 17 Animal Hospital (small animals only) B.) Conditional Uses By Use Unit: Unit 2 City - Wide Uses By Conditional Use Permit Unit 3 Public Protection And Utility Facilities Unit 24 Home Occupations C.) Non Residential Intensity: Acreage= 0.58 Acres Number Of Dwelling Units= 1.0 Non Residential Square Feet= 2,200 S.F. Density/ Intensity= 1.72 du/ Acre, 3,793 Sf/ Acre Bulk & Area Regulations: D.) Lot Width Minimum= 70' E.) Lot Area Minimum= 8,000 S.F. F.) Land Area Per Dwelling= 8,000 S.F. Core Pet Wellness — C-PZD 4/9 G.) Setback Requirements: Front (Old Wire): 15' Front (Township): None Side/ Rear: 20' H.) Height Regulations: The maximum height of a structure is 45'. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the planning commission. I.) Building Area: The total building area should not exceed 25% of the total site area. Site Planning: J.) Landscaping: The parking area shall be landscaped with screening shrubs in the greenspace area between the right-of-way and the parking area. One tree shall be planted every 30 feet along the property frontage where existing trees do not exist and where it does not interfere with the sight distance of the intersection. Landscape lighting will be added to accentuate the building and landscaping. K.) Parking: Parking shall be provided in accordance with Fayetteville Unified Development code. L.) Architectural Design Standards: Because this PZD is located in a residential district, all construction shall reflect the residential character of the neighborhood. See appendix for pictures. M.) Signage: Two signs will be present to assist clients in locating the business, while not distracting from the residential character. One sign displayed on the building will be limited to a maximum of 16 square feet. The second smaller sign will be limited to a maximum of 4 square feet and will be placed near the entrance of the building. Core Pet Wellness — C-PZD 5,9 G. SEE TABLE BELOW ZONING COMPARISON CHART - CORE PET WELLNESS Existing Zoning Proposed Zoning RSF-4 CORE PET WELLNESS Uses 1f Permitted Uses Unit 1 City-wide uses by right Unit 1 City-wide uses by right Unit 8 Single-family dwelling Unit 8 Single-family dwelling Unit4 Cultural and Recreational Facitlities Unit 17 Animal Hospital (small animals only) Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations Unit 24 Home occupations Unit 36 Wireless communications facilities Density It Units per acre 4 or less Acreage 0.58 Acres Dwelling Units 1 unit Density 1.72 units per acre Bulk and Area Regulations Lot width minimum 70 ft. I 70 ft. Lot area minimum Residential 8000 sq. ft. 8,000 sq. ft. Lot area per dwelling unit 8000 sq. ft. 8,000 sq. ft. Setback Requirements Front 25 15Old Wire Rd.), None (Township) Side 8 20 Rear 20 20 Height Requirements Maximum building height of 45 feet. The height may be increased over 45 feet by obtaining a variance after hearing by the Planning 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. Building Area ft None On any lot the area by all the buildings shall not exceed 25% of the total area of such lot. G.2. Analysis of Site Characteristics: Environmental hazards- none Sensitive or natural resource areas- none Natural or manmade hazards- none H. This project is located within walking distance of Gully Park. I. The reason for this zoning change is in order to buy an existing home and land for the operation of a veterinary practice. We must request rezoning because the current zoning RSF- 4 does not allow for this use. Zoning the property to C-1 or C-2 would allow this use, however Core Pet Wellness — C-PZD 6/9 we do not wish to use this zoning because it would not be appropriate given the allowed uses and considering the surrounding residential area. A C-PZD would be the best fit for this area in order to restrict certain uses that would not be desirable for this area. Because of the location of the existing house, and in order to use the home as -is, a C-PZD will also allow us to create our own unique setback requirements to fit this site. This will allow for immediate use of the structure as -is. J. This development will relate to the surrounding properties in appearance as well as use. For example, the property to the west was converted from a home to a law office, and the property to the northeast was converted from a home to a daycare center. These surrounding buildings, including the building on this site will retain the residential style character of the surrounding properties. The traffic generated by this veterinary practice will be similar to its current use as a residential home. Because this will be a low volume clinic, only one client can be seen at a time with a possible overlap in appointments creating at the most two customers entering or existing at one time. Two signs will be allowed in order to assist clients in locating the business, while not distracting from the residential character of the neighborhood. K. A veterinary practice 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. A traffic study has not been requested by City staff. M. Water and sewer for this project are located along Township and are currently serving the existing house. 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: Adequate right-of-way, 35' from centerline, along Township and Old Wire Road currently exists through previous dedication in property deed. (2) On or off site improvements: Construction of, or payment of fees or guarantees for any required public improvements shall take place at the time of development in accordance with UDC requirements. (3) Natural Resources and Environmental Sensitive Areas: None Exist on this Site. Core Pet Wellness — C-PZD 7/9 (4) Project phasing restrictions: All permits for construction of phase 1 shall be obtained within one year of City Council approval of the PZD. Phase 2 shall be completed within 10 years of approval. (5) Fire protection — This home shall be brought up to the current fire code based on inspection by the City Fire Marshall. Fire protection to this site is readily available. (6) There are currently no other commitments imposed by the City. (7) This project commits to preserving open space and greenspace as indicated on the PZD site plan and zoning criteria. (8) The home will remain as -is, and any future development shall be in keeping with the residential character of the neighborhood. Photos are included in the appendix to indicate building materials and style. O. Conceptual Description of Development Standards, Conditions and Review Guidelines (1) Screening and Landscaping: The parking area shall be landscaped with screening shrubs in the greenspace area between the right-of-way and the parking area. One tree shall be planted every 30 feet along the property frontage where existing trees do not exist and where it does not interfere with the sight distance of the intersection. (2) Traffic and Circulation: There are two access points to this property which will be utilized. For phase 1 of the project, It would be ideal for clients to enter the site from the North access point on Old Wire Road, then exit the site on Township to keep a continuous flow. For phase 2 of the project, the drive on Township will be relocated to the farthest East point on the property, allowing some separation between the neighbors. (3) Parking Standards: Parking shall be provided on the basis of one space required per every 250 square feet of building space which complies with the current UDC requirement. A 30% increase or decrease is allowed as described in the current UDC. (4) Perimeter Treatment: Perimeter landscaping shall be provided as indicated under the screening and landscaping description. The existing tree canopy and open space in the eastern portion of the site will be retained to provide a buffer between this site and the adjacent single family residence. (5) Sidewalks: There is currently an existing sidewalk along Township. No other sidewalks are proposed at this time. (6) Streetlights: There is adequate lighting in the area, therefore no lights are proposed. However, some residential type landscape lighting will be added to accentuate the building and landscaping areas. (7) Water. Water is serviced to this lot from an existing 2" water service line tapped off of the main line on Old Wire Road. (8) Sewer. Sewer services this lot via an existing 6" sewer line along Township Core Pet Wellness — C-PZD 8/9 0 (9) Streets and Drainage: Drainage will comply with Fayetteville Unified Development Code requirements. (10) Construction of Nonresidential Facilities: No building construction shall take place, however one small storage shed shall be purchased and placed on site. See attached photos. (11) Tree Preservation: Tree canopy on the north and east portion of the site will be preserved. At the time of construction a tree waiver form or tree preservation plan will be submitted in accordance with the Fayetteville Unified Development Code. (12) Architectural Design Standards: The home shall remain as -is. See photos of the existing home and proposed storage shed in the appendix of this PZD booklet. (13) Proposed Signage: Two signs will be present to assist clients in locating the business, while not distracting from the residential character of the neighborhood. One sign displayed on the building will be limited to a maximum of 16 square feet. A second smaller sign will be limited to a maximum of 4 square feet and will be placed near the entrance of the building. (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. 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 zoning district. The PZD would allow for the preservation of the existing single family home while permitting a low intensity commercial use at a busy intersection compatible with the surrounding residential character of the neighborhood. Core Pet Wellness — C-PZD 9/9 • • Page l of l Clarice Pearman - Ords. 5197-5202 From: Clarice Pearman To: Pate, Jeremy Date: 12.5.08 2:22 PM Subject: Ords. 5197-5202 CC: Audit; GIS Attachments: Audit; GIS Jeremy: Attached are copies of the above ordinances passed by City Council December 2, 2008. Please let me know if there is anything else needed for these items. Have a good day. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49393927FA... 12.5.08 0 • ."yam �,,yy . , _ .•. C� � GYM• � n v ! - Example of Storage Shed Example of Gray Paint Color to go on Existing House RECEIVED AArkansas �..�r ,y, }} DEC 1 0 2008 rkansas Democrat '�J` Oaze`te CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am 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 5200 December 7, 2008 Publication Charge :'I $91.46 Signed: ` - Subscribed and sworn to before me This /Q day of �� 2008. Notary Public G 1� y My Commission Expires: 7)'7 G )a /8— Do not pay from Affidavit, an invoice will be sent y. a' a 'a PURL\G RECEIVED DEC 1 0 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 3100 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C.PZD 08- 3121 (CORE PET WELLNESS) LOCATED AT 2406 NORTH OLD WIRE ROAD, CONTAINING APPROXI. MATELY 0.58 ACRES: AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE. AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. YF e evi leARKANSAS EE IT ORDAINED EY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sec:gn 1 That the zone closvhca:cn of to fclhrwng cescr cm pre[, rty s hereby changed as fc, bws'. From RSF4, Residential Single Family, 4 units per acre to C-PZD 0113121. Core Pet Wellness, as shown in Exhibit'Aand depicted in Exhibit -B- attached heroic and made a part he•e Section 2'. That the change in zoning classification is based upon I'e approved master ment plan, development standards. statement of commitments and "'e conditions of apC' eubmiled, determined appropnate and approved by Me City Council rurther, that Me conail c, approval shall be fled and available for viewing in the office of the Cite Clerk/Treasurer of the Cary Fayetteville. Section 3 That this ordinance shall take effect and be in full force at such time as all of the 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 rr. reflect the zoning change provided , Section 1 above. MEIED and APPROVED this 2nd day of December, 2(108. ATTEST By SONORA E. SMITH, City CIe41 Ts.tWM Exhibit A is a map and may be viewed in the office of the City Clerk/Leasurer during normal bus - ness hours. EXHIBIT B' C-PZO 08-3121 A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST GUAR -ER OF SECTION 36, TOWN- SHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICU- LARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST CORNER. SOUTHWEST CORNER, AND RUNNING TFIENCE N88°21'00 -W 275.73 FEET. THENCE N12°0851'E 30.58 FEET TO THE POINT OF BEGINNi NG, THENCE N89°01'28'W 178.81 FEET. THENCE N87°28'10'W 6390 FEET, THENCE N34024:i6'E 67.88 FEET, THENCE N37°09'STE 116.22 FEET. THENCE N40°22'21 -E 2075 FEET. THENCE S53'4655 -E 72 79 FEET, THENCE S43°2824E 03 38 FEET, THENCE S12608'51W 5342 FEET TO THE POINT OF BEGIN-. NING CONTAINING 0.58 ACRES MORE OR LESS i I GENERAL PROVISIONS AUTHORITY THIS PZD MASTER DEVELOPMENT PLAN IS AUTHORIZED BY SECTIONS 161 AND 166 PLANNED ZONING DISTRICTS OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE. THE PROVISIONS OF THIS PZD MASTER DEVELOPMENT PLAN SHALL RUN WITH THE LAND. THE LANDOWNERS, THEIR SUCCESSORS, HEIRS, OR ASSIGNS SHALL BE BOUND BY THIS MASTER DEVELOPMENT PLAN, AS AMENDED AND APPROVED BY THE CITY COUNCIL. 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 CORE PET WELLNESS 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 CORE PET WELLNESS, PROVIDED, HOWEVER, THAT WHERE THE PROVISIONS OF THIS MASTER DEVELOPMENT PLAN DO NOT ADDRESS A PARTICULAR SUBJECT, THE RELEVANT PROVISIONS OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE, AS AMENDED, OR ANY OTHER APPLICABLE RESOLUTIONS OR REGULATIONS OF THE CITY OF FAYETTEVILLE, SHALL BE APPLICABLE. ENFORCEMENT TO FURTHER THE MUTUAL INTEREST OF THE RESIDENTS, OCCUPANTS, AND OWNERS OF THE PZD MASTER DEVELOPMENT PLAN AND OF THE PUBLIC IN THE PRESERVATION OF THE INTEGRITY OF THE PLAN, THE PROVISIONS OF THIS PLAN RELATING TO THE USE OF LAND, STATEMENT OF COMMITMENTS, DEVELOPMENT AND ARCHITECTURAL STANDARDS, AND THE LOCATION OF COMMON OPEN SPACE SHALL RUN IN FAVOR OF THE CITY OF FAYETTEVILLE AND SHALL BE ENFORCEABLE AT LAW OR IN EQUITY BY THE CITY WITHOUT LIMITATION ON ANY POWER OR REGULATION OTHERWISE GRANTED BY LAW. CONFLICT WHERE THERE IS MORE THAN ONE PROVISION WITHIN THE PZD MASTER DEVELOPMF�NT 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 1: ZONING & DEVELOPMENT STANDARDS LAND USE DESIGNATION: A.) PERMITTED USES BY USE UNIT: UNIT I CITY-WIDE USES BY RIGHT UNIT 8 SINGLE-FAMILY DWELLING UNIT 4 CULTURAL AND RECREATIONAL FACILITIES • UNIT 17 ANIMAL HOSPITAL (SMALL ANIMALS ONLY) ' B.) CONDITIONAL USES BY USE UNIT: UNIT 2 CITY - WIDE USES BY CONDITIONAL USE PERMIT UNIT 3 PUBLIC PROTECTION AND UTILITY FACILITIES UNIT 24 HOME OCCUPATIONS C.) NON RESIDENTIAL INTENSITY: ACREAGE= 0.58 ACRES NUMBER OF DWELLING UNITS= 1 NON RESIDENTIAL SQUARE FEET= 2,200 S.F. DENSITY/ INTENSITY= 1.72DU/ ACRE, 3,793 SF/ ACRE BULK &AREA REGULATIONS: D.) LOT WIDTH MINIMUM= 70' E.) LOT AREA MINIMUM= 8,000 S.F. F.) LAND AREA PER DWELLING= 8,000 S.F./ JF /F G.) SETBACK REQUIREMENTS: ` °SF FRONT (OLD WIRE): 15' r 1STING STORM IN FRONT (TOWNSHIP)• NONE / r " Rll_l 13 C-PZD CORE PET WELLNESS Syr4 ' '/ '. S/\ //�\ u , ,' N40°2'21"E /y 20.75, . ry •, I y` Off/ _''_"b" / ,. ./ I o / EXI ING 2 Ti EES T E ry ' Q OVED BECAU OF �ry \ 7'?✓ OCR LTH I 5/' 35.9' EXISTING // �" \ //� / // /: : 17'1/' /. o / -x , ( r / / ; , i / ?/,////,,/�/ ' rl i / \\ PROPOSED 7 , : ./ i • / / r / / ' i STORAGE ` t" /' j ,',�0 .9 " • "/1IJEN"EXISTING 1 9�,- )' Q1*P i, `: ! I I: , / / r ' � l� I / � I 10' OFF WEST ,r: '.QD ' � BOUNDARY LINE AS PER l • QUITCLAIM DEED 98;x -706c E ` )1 2 1 SHADED AREA OF EXISJING R> i Po / } / PORCH1 OBE ENCLOSED TO ': ' 4 ?-Y s}:f_ + 1 6 STING STORM INLET 2 ' /6 /ALLOVY FOR ADA �1ZE �° ��� _ I ROPbSE / RJM- 1384.54' , /,:' I REQU RED RESTR . / STING ARKING J I \ a _ ; I / L ( 5"RCP) SE=138 Li i 1--�, / -/ _ �j 1 HOUSE \ 9Xi9 y / �a., I ouTJ 1¢^ RcP ENE=1361 1$' Jj / STATEE PLANE ryR ! )/, 1 97 SQ. FT. „ 'IX / SKATE PLANE COORD, ;/ + �! - LET1 ;'" - /` .., // COORDS: n�` r/I N=648,050.93 �,✓ / N=646.056.77 / -� .. - 1 / FL/5" RCP)NE=X1383. rte', ♦' i/6// / ` � '. _✓ tI / E=68Q862.14 p��,/ 1 ' j - ' =680,621.53 ,•_.. I SIDE: 20 r I 1 REAR: 20' QO ��., 3TZ' EXISTING I,t0yB �` J/ S5.011 H.) HEIGHT REGULATIONS: MAX HEIGHT OF 45' �/ i ° �Q/ tc�O� N8�' � N89°01'28 W R W a ; THE HEIGHT OF A PROPOSED STRUCTURE MAY ONLY BE INCREASED -1ti - ° ���V�" I / 17 .81 � ( N PARKING & LANDSCAPING BLOW-UP v / 10 — ABOVE 45 FEET BY OBTAINING A VARIANCE AFTER HEARING BY THE / odd, O ! ; PLANNING COMMISSION. _ ; / TOWNS111P AVENUE �� I z vas. — Xf L) BUILDING AREA: THE TOTAL BUILDING AREA SHOULD NOT EXCEED 25 % OF THE [ �, z ros— 2 (ti,� SW1/4, SW1/4 TOTAL SITE AREA. ,. // 1 `—¢vim �— Ilss— ; r - _ - - 00 SITE PLANNING: s — s — ss— — ss — s — 8°21 "W 36-17-30 N8275.73 c- RiM- J.) LANDSCAPING: THIS SITE SHALL BE LANDSCAPED AS SHOWN ON THIS PLAT. ( �, x. -z =z °� _ _ - _ - " FL tJUT 12" RC SE=998 ll' J� / / / rl /J •'�i q�/ i / -X `--'X"�'-?. =X P' �y 0HP G LI / _ _ - _' - / ' - _ , /l - , j / i 1.. /TO -, S/" j I x /, X�x �.X-•`�4P��-. ' �OHP-�T ///:�-.--../ J/I /i' / '.. -P ' r i _� K.) PARKING: PARKING SHALL BE PROVIDED IN ACCORDANCE WITH FAYETTEVILLE� ! �, JIsr x ="r. BHP- — _ - " ; - SURVEYOR/ ENGINEER: BLEW & ASSOCIATES, INC. 524 W. SYCAMORE, SUITE #4 FAYETTEVILLE, AR 72703 CURRENT OWNER: RONALD WILKINS 1227 N. CRESTWOOD DR. FAYETTEVILLE, AR 72701 DEVELOPER: ROMY CORE 1380 E. ASH STREET FAYETTEVILLE, AR 72703 FLOOD CERTIFICATION: THIS PROPERTY IS NOT LOCATED WITHIN THE 100 YEAR FLOOD PLAIN AS PER FIRM MAP PANEL NUMBER 05143C0210F DATED MAY 18, 2008. LEGAL DESCRIPTION: 765-16105-000, 765-16105-002 (AFTER R/W DEDICATION) 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: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER, SOUTHWEST QUARTER, AND RUNNING THENCE N88°21'00"W 275.73 FEET, THENCE N12°08'51"E 30.58 FEET TO THE POINT OF BEGINNING, THENCE N89°01'28"W 176.81 FEET, THENCE N87°28'10"W 63.90 FEET, THENCE N34°24'36"E 67.88 FEET, THENCE N37°09'53"E 116.22 FEET, THENCE N40°22'21"E 20.75 FEET, THENCE S53°46'55"E 72.79 FEET, THENCE S43°28'24"E 103.38 FEET, THENCE S12°08'51"W 53.42 FEET TO THE POINT OF BEGINNING CONTAINING 0.58 ACRES MORE OR LESS. L.) ARCHITECTURAL DESIGN STANDARDS: BECAUSE THIS PZD IS LOCATED IN A RESIDENTIAL DISTRICT, ALL CONSTRUCTION SHALL REFLECT THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD. M.) SIGNAGE: TWO SIGNS WILL BE PRESENT TO ASSIST CLIENTS IN LOCATING THE BUSINESS, WHILE NOT DISTRACTING FROM THE RESIDENTIAL CHARACTER. ONE SIGN DISPLAYED ON THE BUILDING WILL BE LIMITED TO A MAXIMUM OF 16 SQUARE FEET. THE SECOND SMALLER SIGN WILL BE LIMITED TO A MAXIMUM OF 4 SQUARE FEET AND WILL BE PLACED NEAR THE ENTRANCE OF THE BUILDING. SYMBOL LAND USE DENSITY/ INTENSITY UNITS/SF ACRES SF SINGLE FAMILY 1.72 UNITS/ ACRE 1 0.58 100 C COMMERCIAL/ VET CLINIC 9,483 SF/AC 2,200 0.58 STANDARD LEGEND ADJACENT PROPERTY OWNERS SURVEY FEATURES ISURVEYING SYMBOLS Q SET/FOUND 5/8" REBAR Lot ❑® SET/FOUND ALUM. MONUMENT 1. 765-16788-000 - 4. 765-16113-000 7. 765-04507-000 BOUNDARY LINE - El ES SET/FOUND NAIL O* SET/FOUND COTTON SPINDLE LINDA & HERBERT SOUTHERN GREGORY & ANGIE LANDERS MAX ----- CENTERLINE OF ROAD •�+r & CYNTHIA PARKER WY FENCE CORNER POST VT RAIL OAD SPIKE NAIL 1329 SUNSHINE RD. 2,460 N. OLD WIRE RD. 1680 E. SHADOWRIDGE DR. RIGHT-OF-WAY - FOUND STONE S RAILROAD SPIKE -�' --e -x -x - FENCE j3 STATE MONUMENT 0 TEMP BENCH MARK (ELEV.) FAYE ZONED: RSFLE, AR 72703 FAYETTEVILLE, AR 72703 ZONED: RSF- E, AR 72701-2635 rV Y.YYl TREE LINE 0 FOUND PIPE Q STAKE ON LINE RSF-4 ZONED: C-PZD ZONED: RSF-4 + COMPUTED POINT - TREE EASEMENTS UTILITY SYMBOLS 2. 765-16107-000 5. 7(65-16104-001 8. 765-04508-001 BUILDING SET BACK ® SANITARY SEWER OT TELEPHONE PEDESTAL DONALD & BEVERLY DONNER JIOHN & R. LYNETTE FITZGIBBON RONALD MEDINA ------- UTILITY EASEMENT ® MANHOLE © WATER METER P.O. BOX 1661 11632 E. TOWNSHIP ST. 1552 E. TERRY DRIVE 0 POWER POLE © SEPTIC LID FAYETTEVILLE, AR 72702-1661 FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 UTILITY LINES Pr, WATER VALVE FIRE HYDRANT ZONED: RSF-4 ZONED: RSF 4 ZONED: RSF-4 --Oa --ea — 6" FIRE LINE © GAS METER QI STORM WATER --w--„v.— B" WATER LINE 0 ELECTRICAL BOX * LIGHT 3. 765-16112-000 , 6. 7(65-04506-000 9. 765-04508-000 ----ae- OVERHEAD POWER UNE -a --s -- SEWER LINE SURVEY FEATURE HATCHES KIM & PAMELA KANAKIS LIEE ARCHER VICKI CUNNINGHAM FLOW LINE 2433 N. OLD WIRE RD. 11606 E. TERRY DR. 1548 E. TERRY DR. - GAS LINE p yT ASPHALT "�;', CONCRETE E_ J POND FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 FAYE'7TEVILLE, AR 72703 -- -- v— FIBER OPTIC — +--rnr— TELEPHONE LINE `.� t:.. GRAVEL•••••/ FLOOD ZONE ZONED: RSF-4 ` ZONED: RSF-4 ZONED: RSF-4 /i lvupv VgPVI INLC I'+ 1 • /' RIM =;38420' R IN(12 RbP) N"pf1JBO.4D' FL L,T(18" RCP) SWr'.3B0.82' / it / - / / 0d' / /' _ / .' }: / / / ! x 7X x- _X =X _k, � NP"- . �X _ XOHP.-- — — ._ OHP — — — — 0IiP f 30 FROM SOUTH I ;F \ 'T i , t OHP , BOUNDARY LINE AS PER f'� / /' / /,' ,�/��'\ QUIT CLAIMED 983-708\ - -- K - - / it' ,r }/ 7 EXISTING STORM INLET 6 // 3v / ° / r O 11 FL OUT(1F CMP) E= 1333.54' / / S"r / } GUARD RAIL ss' ' �6' //I/.7#1?/ „ //IIITTTJJJ / , CONC. WALL 10. 765-16105-001 CITY OF FAYETTEVILLE, AR 113 W. MOUNTAIN FAYETTEVILLE, AR 72701 11. 765-04505-000 DAVID & SHARON JENKINS 1610 E. TERRY DRIVE FAYETTEVILLE, AR 72703-4132 VICINITY MAP EXISTING STORM INLET 5 RIM= 1336.26' FL' DUT(1 B" CMP S= 1333.31' EXISTING STORM INLET 7 RIM= 1336.37' FL IN (18" CMP N= 1333.18' FL IN (18" CMP) W= 1333.14' FL OUT (24" CMP) E= 1333,13' GRAPHIC SCALE ( ENFEET) 1 inch = 30 ft. ,.pinn118, SIA OF TE ,�•�`� OF Ata,!',�•,f' ARK NT.rSAS I BLEW & ASSOCIATES Revisions: : i `T.-1 1 PROFESSIONAL ENGINEERS Planning Staff Convents 10-8-08 /• LARD SURVEYORS Planning Staff Convents 10-16-08 I ASSOCIATES �' 5 % REGISTERED l� 524 W. SYCAMORE ST. SUITE 4 Scale: H= 1:30 = '-"' : �-- I O NAT. S FAYETTEVILLE, FA, (4 72703 INCORPORATED)i PR 0 FE S PH. (479 443 506 FAX 479) 582-1883 V= N/A DATE: 09/05/2008 No. 1534 �/ III ENGINEER / http7/ww .blewinc.c°m JOB#08-283 DRAWN BY:MLC %,��,: 11 O * *^ f COMMERCIAL - PLANNED ZONING DISTRICT - PHASE I �•AS ,o` 1190 NO. 83R4 `�l i II �""" 'GLENN c t CORE PET WELLNESS 2 GENERAL PROVISIONS AUTHORITY 2 2I C 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 CORE PET WELLNESS 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 CORE PET WELLNESS, PROVIDED, HOWEVER, THAT WHERE THE PROVISIONS OF THIS MASTER DEVELOPMENT PLAN DO NOT ADDRESS A PARTICULAR SUBJECT, THE RELEVANT PROVISIONS OF THE CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE, AS AMENDED, OR ANY OTHER APPLICABLE RESOLUTIONS OR REGULATIONS OF THE CITY OF FAYETTEVILLE, SHALL BE APPLICABLE. ENFORCEMENT TO FURTHER THE MUTUAL INTEREST OF THE RESIDENTS, OCCUPANTS, AND OWNERS OF THE PZD MASTER DEVELOPMENT PLAN AND OF THE PUBLIC IN THE PRESERVATION OF THE INTEGRITY OF THE PLAN, THE PROVISIONS OF THIS PLAN RELATING TO THE USE OF LAND, STATEMENT OF COMMITMENTS, DEVELOPMENT AND ARCHITECTURAL STANDARDS, AND THE LOCATION OF COMMON OPEN SPACE SHALL RUN IN FAVOR OF THE CITY OF FAYETTEVILLE AND SHALL BE ENFORCEABLE AT LAW OR IN EQUITY BY THE CITY WITHOUT LIMITATION ON ANY POWER OR REGULATION OTHERWISE GRANTED BY LAW. _ CONFLICT WHERE THERE IS MORE THAN ONE PROVISION WITHIN THE PZD MASTER DEVELOPMENT PLAN THAT COVERS THE SAME SUBJECT MATTER, THE PROVISION WHICH IS MOST RESTRICTIVE OR IMPOSES HIGHER STANDARDS OR REQUIREMENTS SHALL GOVERN UNLESS DETERMINED OTHERWISE BY THE ZONING AND DEVELOPMENT ADMINISTRATOR. MAXIMUM LEVEL OF DEVELOPMENT THE TOTAL 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 3HALL PROVIDE A SUMMARY OF THE DEVELOPMENT, TO DATE, TO THE PLANNING DIVISION, IN ORDER TO ASSURE MAXIMUM DEVELOPMENT LIMITS ARE NOT EXCEEDED. PLANNING AREA 1: ZONING & DEVELOPMENT STANDARDS LAND USE DESIGNATION.: A.) PERMITTED USES BY USE UNIT: UNIT 1 CITY-WIDE USES BY RIGHT UNIT 8 SINGLE-FAMILY DWELLING UNIT 4 CULTURAL AND RECREATIONAL FACILITIES UNIT 17 ANIMAL HOSPITAL (SMALL ANIMALS ONLY) B.) CONDITIONAL USES BY USE UNIT: UNIT 2 CITY - WIDE USES BY CONDITIONAL USE PERMIT UNIT 3 PUBLIC PROTECTION AND UTILITY FACILITIES UNIT 24 HOME OCCUPATIONS C.) NON RESIDENTIAL INTENSITY: ACREAGE= 0.58 ACRES NUMBER OF DWELLING UNITS= I NON RESIDENTIAL SQUARE FEET= 2,200 S.F. DENSITY/ INTENSITY= 1.72DU/ ACRE, 3,793 SF/ ACRE BULK & AREA REGUL4T/OR/S: • D.) LOT WIDTH MINIMUM= 70' E.) LOT AREA MINIMUM= 8,000 S.F. F.) LAND AREA PER DWELLING= 8,000 S.F. G.) SETBACK REQUIREMENTS: FRONT (OLD WIRE): 15' FRONT (TOWNSHIP): NONE SIDE: 20' REAR: 20' H.) HEIGHT REGULATIONS: MAX HEIGHT OF 45' THE HEIGHT OF A PROPOSED STRUCTURE MAY ONLY BE INCREASED ABOVE 45 FEET BY OBTAINING A VARIANCE AFTER HEARING BY THE PLANNING COMMISSION. I.) BUILDING AREA: THE TOTAL BUILDING AREA SHALL NOT EXCEED 25 % OF THE TOTAL SITE AREA. SITE PLANNING: J.) LANDSCAPING: THIS SITE SHALL BE LANDSCAPED AS SHOWN ON THIS PLAT. K.) PARKING: PARKING SHALL BE PROVIDED IN ACCORDANCE WITH FAYETTEVILLE UNIFIED DEVELOPMENT CODE. L.) ARCHITECTURAL DESIGN STANDARDS: BECAUSE THIS PZD IS LOCATED IN A RESIDENTIAL DISTRICT, ALL CONSTRUCTION SHALL REFLECT THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD. M.) SIGNAGE: TWO SIGNS WILL BE PRESENT TO ASSIST CLIENTS IN LOCATING THE BUSINESS, WHILE NOT DISTRACTING FROM THE RESIDENTIAL CHARACTER. ONE SIGN DISPLAYED ON THE BUILDING WILL BE LIMITED TO A MAXIMUM OF 16 SQUARE FEET. THE SECOND SMALLER SIGN WILL BE LIMITED TO A MAXIMUM OF 4 SQUARE FEET AND WILL BE PLACED NEAR THE ENTRANCE OF THE BUILDING. SYMBOL LAND USE DENSITY/ INTENSITY UNITS/SF ACRES SF SINGLE FAMILY 1.72 UNITS/ACRE 1 0.58 100 C COMMERCIAV VET CLINIC 9,483 SF/AC 2,200 0.58 STANDARD LEGEND SURVEY FEATURES SURVEYING SYMBOLS OS SET/FOUND 5/B" REBAR 00 SET/FOUND ALUM. MONUMENT BOUNDARY LINE E 13 SET/FOUND NAIL Q' E SET/FOUND COTTON SPINDLE ----- CENTERLINE OF ROAD © FENCE CORNER POST QT SET/ FOUND PM NAIL RIGHT-OF-WAY I§ FOUND STONE A RAILROAD SPIKE *-s-a-z -+-x- FENCE STATE MONUMENT A TEMP BENCH MARK (ELEV.)� r'rry'rn TREE LINE QO FOUND PIPE PIPE A STAKE ON LINE + COMPUTED POINT TREE EASEMENTS UTILITY SYMBOLS BUILDING SET BACK ® SANITARY SEWER © TELEPHONE PEDESTAL - ------ UTILITY EASEMENT &I MANHOLE Q WATER METER _ 0 POWER POLE SEPTIC LID UTILITY LINES I WATER VALVE FIRE HYDRANT --ea —tea — 6" FIRE LINE © GAS METER ® STORM WATER --n&--w— a"WATERLINE ELECTRICALBOX LIGHT ___ --- OVERHEAD POWER LINE SURVEY FEATURE HATCHES -- --s -- SEWER LINE ————- FLOW LINE s____ ASPHALT , ' CONCRETE C POND — W — — GAS LINE F-- A— FIBER OPTIC ;:rapT.`� TELEPHONE LINE GRAVEL rx FLOOD ZONE C-PZD CORE PET WELLNESS j-'. / x N. + i or 3 / r / sr / " rN40°22'21° ,6 ,''/ r ' 20.75'.' r � r 1;;t4j / O 35.9EXISTING / A , s'°� R0V 1 (p%" ( 10' OFF WEST BOUNDARY LINE ASS PER - / QUITCLAIM DEED 933-708 yw / �� STATE PLANE /\ i .• ' f COORDS: .-. - N448,056.77 / •A ' /680,621.53 i \ ° d, F-"' f Ty 4 , di F a5'n v = .L n , �' ®d� .' ' S � 2(Qr i HC' /flrn _` 336 S.F. :! / !\ i I .. ) I DDITION ' - / Xl� hd STATE PLA E COORD.. I,. X " -t t N 646.050.93' , � i ,� y./. , if i E 680,862.14\ I g - ; _% a //��� CD \ -•\ 1, Yom' , EXISTING�f�0B �` _ O RNV 5 / IN AREA TOWNSHIP AVENUE y.: k y ./ SS- WS- / •; / (' SB+- SS- - 95-i- 'SS- �-;,7 / SCUT -5S C `-- 5S- - S$ - SS— _ 5 + .— .. SS — SS— — SS— — SS-- 5,5— 1 i + --�- c-- // /•% �'-X.—X --X,=X X y. -_X HP_-= i % /A2/X1- ¢/ ,: / // '.f/ice / /- / // / '�•nX'r ,X = �-X P--R.-X ~A -' /i a / /� '/: •��� // O i/ ; "/ (} /'/ / r ' 95// ' / ' / �x, J R ,—XO�X'-`_X _X, _XHP x _X l OHP'--,.''�OHP..= — — _ / ' 30' FROM SOUTH , ' / X — ' / ' -* �-P r , BOUNDARY LINE AS PER ,t'' % oHP • _ _ ----t/t..1/. _ _ -_ _ _ _ _ N _ _ ADJACENT PROPERTY OWNERS q,0� GRAPHIC SCALE 1. 765-16788-000 4. 765-16113-000 7. 765 -04507 -ODD 10. 765-16105-001 30 0 15 30 60 120 LINDA & HERBERT SOUTHERN GREGORY & ANGIE LANDERS MM & CYNTHIA PARKER CITY OF FAYETTEVILLE, AR 1329 SUNSHINE RD. 2460 N. OLD WIRE RD. 1680 E. SHADOWRIDGE DR. 113 W. MOUNTAIN FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72701-2635 FAYETTEVILLE, AR 72701 ZONED: RSF-4 ZONED: C-PZD ZONED: RSF-4 ( IN FEET 1 inch = 30 ft 2. 765-16107-000 5. 765-16104-001 8. 765.04506-OD1 11. 765-04505-000 DONALD & BEVERLY DONNER JOHN & R. LYNETTE FITZGIBBON RONALD MEDINA DAVID & SHARON JENKINS P.O. BOX 1661 1632 E. TOWNSHIP ST. 1552 E. TERRY DRIVE 1610 E. TERRY DRIVE OF ��„�••+n,,, �SiATE OFD FAYETTEVILLE, AR 72702-1661 FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703-4132 �.`litt OF AU?^ ARKAI�ISAS `11 BLEW & ASSOCIATES Revisions: ZONED: RSF-4 ZONED: RSF-4 ZONED: RSF-4 C� O i Ij 1I• PROFESSIONAL ENGINEERS Planning Staff Convents 10-8-08 BLEW & �t . * �' 1 LANE SURVEYORS Planning Staff Convents 10-16-08 ASSOCIATES � = % REGISTERED � 524 W. SYCAMORE ST. SUITE4 Scale: H=1:30 3. 765-16112-000 6. 785-04506 000 9. 76504508-0DO i PR O FE S SI ONAL S FAY43-450LLE, AR 72703 INCORPORATED PH. (479) 443-45DS FAX (479) 582-1883 V= MIA DATE: 09/05/2008 KIM & PAMELA KANAKIS LEE ARCHER VICKI CUNNINGHAM `� 433 N. OLD WIRE RD. 11606 E. TERRY DR. 154 a E. TERRY DR. �No.1534 �c 11 ENGINEER httpJlwww.blewinc.com JOB#08-283 DRAWN BY: MLC FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 I1 * * * . COMMERCIAL - PLANNED ZONING DISTRICT - PHASE 2 ZONED: RSF-4 ZONED: RSF-4 ZONED: RSF-4 ''oSil AgII�.�°� 1,Lo NO.8384 lull GLENN �P- 0 CORE PET WELLNESS 2 SURVEYOR/ ENGINEER: BLEW & ASSOCIATES, INC. 524 W. SYCAMORE, SUITE #4 FAYETTEVILLE, AR 72703 CURRENT OWNER: RONALD WILKINS 1227 N. CRESTWOOD DR. FAYETTEVILLE, AR 72701 DEVELOPER: ROMY CORE 1380 E. ASH STREET FAYETTEVILLE, AR 72703 FLOOD CERTIFICATION: THIS PROPERTY IS NOT LOCATED WITHIN THE 100 YEAR FLOOD PLAIN AS PER FIRM MAP PANEL NUMBER 05143CO21OF DATED MAY 18, 2008. LEGAL DESCRIPTION: 765-16105-000, 765-16105-002 (AFTER RNV DEDICATION) 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: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER, SOUTHWEST QUARTER, AND RUNNING THENCE N88°21'00"W 275.73 FEET, THENCE N12°08'51E 30.58 FEET TO THE POINT OF BEGINNING, THENCE N89°01'28"W 176.81 FEET, THENCE N87°2810"W 63.90 FEET, THENCE N34°24'36"E 67.88 FEET, THENCE N37°0953"E 116.22 FEET, THENCE N40°22'21"E 20.75 FEET, THENCE S53°46'55'E 72.79 FEET, THENCE 543°28'24'E 103.38 FEET, THENCE S12°06'51"W 53.42 FEET TO THE POINT OF BEGINNING CONTAINING 0.58 ACRES MORE OR LESS.