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HomeMy WebLinkAbout2004-02-09 - Agendas - Final FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 125Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday February 9,2004 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219, Fayetteville, Arkansas. Roll Call The following items will be considered: ConsentAgenda. Approval of minutes from the January 12,2004 meeting. Approval of minutes from the January 26,2004 meeting. Old Business: 1. R-PZD 04-02.00: Residential Planned Zoning District(Cross Keys,pp 438)was submitted by Chris Brackett of Jorgensen&Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the corner of N. 46th and Persimmon Street. The property is currently zoned R-A, Residential Agricultural and contains approximately 38.48 acres. The request is to rezone the subject property to a Residential Planned Zoning District and to approve the development of a residential subdivision with 108 single family dwellings proposed. Planner: Suzanne Morgan New Business: 2. CUP 04-06.00: Conditional Use (Fuddruckers,pp 173) was submitted by CEI Engineering Associates on behalf of Joe Hudack of AMJO Properties, LLC for property located at Lot 13A of Steele Crossing. The property is zoned C-2; Commercial Thoroughfare, and contains approximately 2.81 acres. The request is to allow additional parking at the restaurant. Planner: Jeremy Pate 3. LSD 04-03.00: Large Scale Development (Fuddruckers,pp 173)was submitted by James Koch of CEI Engineering Associates on behalf of Joe Hudack of AMJO Properties, LLC for property located at Lot 13A of Steele Crossing. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 2.81 acres. The request is to allow the development of a 7,073 s.£ restaurant with seating for 254 and 124 parking spaces proposed. Planner: Jeremy Pate 4. R-PZD 04-05.00: Residential Planned Zoning District(Hickory Park,pp 294) was submitted by Millholland Company on behalf of St. John's Lutheran Church of Fayetteville for property located at 2730 E. Township Street. The property is zoned P-1, Institutional, and contains approximately 4.429 acres. The request is to rezone the subject property to a Residential Planned Zoning District and to approve the development of 14 residential lots. Planner: Suzanne Morgan 5. CUP 04-07.00: Conditional Use (Linda Doede, pp 524) was submitted by Linda Doede for property located at 510 E. Huntsville Road. The property is zoned RMF- 24, Residential Multi-family, 24 units per acre. The request is to allow a home occupation, Tax and Bookkeeping Service,to remain on the subject property. Planner: Jeremy Pate 6. VAC 04-01.00: Vacation (Michael Campbell,pp 60)was submitted by the City of Fayetteville on behalf of Michael and Nandra Campbell for property located at 4843 Lavendon Place. The property is zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate a portion of the water and sewer easement located on the property. Planner: Jeremy Pate 7. ADM 04-06.00: Administrative Item: Preliminary Plat Approval Extension submitted by Steve Clark of Clark Consulting on behalf of Investor's Realty, LLC. The request is to allow a one year extension of PPL 03-04.00, a preliminary plat approved by the Planning Commission on February 10, 2003, for property located south of Appleby Road and north of Drake Street. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning (575-8267), 125 West Mountain Street, Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required.For further information or to request an interpreter,please call 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Response by Applicant/Questions &Answer with Commission F. Action of Planning Commission(Discussion&Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2004 Planning Commissioners Nancy Allen Jill Anthes Don Bunch Alice Church James Graves Sharon Hoover Alan Ostner Loren Shackelford Christian Vaught R-PZD 04-02.00 Page 4 FAYETTEVILLE PC Meeting of February 09, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:501-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning &Development Administrator DATE: February 3, 2004 R-PZD 04-02.00: Residential Planned Zoning District(Cross Keys, pp 438)was submitted by Chris Brackett of Jorgensen&Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the corner of N. 46th and Persimmon Street. The property is currently zoned R-A, Residential Agricultural and contains approximately 38.48 acres. The request is to rezone the subject property to a Residential Planned Zoning District and to approve the development of a residential subdivision with 108 single family dwellings proposed. Planner: Suzanne Morgan Findings: The applicant requests a rezoning and preliminary plat approval for a residential development within an R-PZD zoning district. The proposed use is single-family residential, with 108 lots proposed. A detention pond is to be located off-site to the south, on property also owned by the applicant. Density for the entire site is 2.81 units per acre. The development is currently zoned R-A, Residential Agricultural. The site is located on the northeast corner of the intersection of Persimmon Street and 46th Street. The applicant has proposed to erect a fence along these two rights-of-way. The preliminary plat for Persimmon Place Subdivision, located west of 46th St., was approved with a condition that a privacy fence six feet in height be constructed as required in the Bill of Assurance filed when this property was rezoned. This item must be heard at City Council pursuant to the requirements for a PZD. Surrounding Land Use/Zoning: Direction Land Use Zoning North Single family residential RSF-4, Residential Single-family—4 units per acre R-A, Residential Agricultural South One single-family home Planning Area East Vacant RSF-4, Residential Single-family-4 units per acre West Vacant(Persimmon Place PPL is RSF-4, Residential Single-family—4 under construction) I units per acre K.IREPOR7SI2004TCREPORTS102-09-041R-PZD 04-02.00 CROSSKEYSIR-PZD 04-02.00 CROSS KEYS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.1 R-PZD 04-02.00 Page 2 Right-of-way being dedicated: 50' for all interior rights-of-way, 70' along Persimmon St., and 50' along 46h St. Connectivity: Connectivity from this proposed residential subdivision is being provided west to 46th Street, south to Persimmon St., and east to a vacant tract of land for connectivity to future development. Street Improvements: Construction of Persimmon Street along southern property line and a recommendation from Engineering Division to cost share for the developer to overlay the entire width of 460i Street for the length of the project. Master Street Plan Streets: North: Wedington Drive (principal arterial) approximately%2 mile north South: Persimmon Street(collector)planned for construction with this development East: 46th Street(local street) West: 54th Ave. (collector) is approximately 3/4 mile west Tree Preservation: Existing canopy: 0.13 % Preserved canopy: 0.08 % Mitigation: $1,050 payment into the City's Tree Escrow Account prior to final plat approval. Background: This proposal was heard at Subdivision Committee meeting on December 30, 2003 where it was forwarded to the Planning Commission. On January 12, 2004 the Planning Commission tabled the item back to Subdivision Committee for lack of developer notification. This item was heard again by the Subdivision Committee on January 29,2004. Recommendation: Forward to the City Council with a recommendation for approval of the requested rezoning. Planning Commission approval of the proposed preliminary plat subject to the following. conditions: Conditions of Approval: 1. Planning Commission recommendation to the City Council regarding the rezoning of the subject property to the unique district for R-PZD 04-02.00 with all conditions of approval as determined by the Planning Commission. 2. An ordinance creating this R-PZD shall be approved by City Council. 3. A Final Plat is required to legalize the lot configuration, filed pursuant to City of Fayetteville requirements. K..VZEPORTS120041PC REPORIY02-09-04IR-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS.DOC February 09,2004 . Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.2 R PZD 04-02.00 Page 4. Planning Commission determination of appropriate fence material, if desired, and appropriate timing for installation. The fence shall not encroach upon right-of-way or easement. 5. Planning Commission determination of street improvements. Staff recommends 14'from the centerline of 46`h Street including curb, gutter, and storm sewer. 6. Payment of$1,050 into the City's Tree Escrow Account prior to final plat approval. 7. Allowed uses in this R-PZD shall be restricted to use unit 8, single family residential. 8. Covenants to be filed with the final plat to include maintenance of detention, common open space, fences, entry features, and landscape islands. (A draft is included in the report.) Standard Conditions of Approval: 9. Payment of parks fees in the amount of$59,940 for 108 single-family units shall be required prior to Final Plat. 10. 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) 11. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City s current requirements. 12. Sidewalk construction in accordance with current standards to include a six:foot sidewalk and ten foot green space along Persimmon Street and a four foot sidewalk with a six foot greenspace along 46h Street and all proposed streets. 13. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 14. Preliminary Plat shall be valid for one calendar year. K.9REPOM120041PCREPORr3102-09-0418-PZD04-02.00 CROSSKEYSIR-PZD 04-02.00 CROSS KEYS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.3 R-PZD 04-02.00 Page 4 PLANNING COMMISSION ACTION: yes Required Approved Denied Date: February 09,2004 Comments: The"CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K.'IREPORYS120046-CREPOR7S102-09-0418-PZD 04-02.00 CROSS KEYSIR-PZD04-0200CROSS KEYS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.4 R-PZD 04-02.00 Page 5 Findings associated with R-PZD 04-02.00 Sec. 166.06. Planned Zoning Districts (PZD). (B)Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. FINDING: The subject property is adjacent to property zoned RSF-4 and R-A to the north, and RSF-4 to the east and west. There are single family homes to the north and a preliminary plat has been approved by the Planning Commission for a subdivision of 154 lots on 58.11 acres (2.65 units/acre) to the west of this proposed development. The southern property line boarders the City's Planning Area. The subject property is 38.48 acres with 108 single family lots proposed for a density of 2.81 units per acre. (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: The site has 0.13% canopy cover with 0.08% preserved cano�y proposed. The applicant has proposed erecting a fence along Persimmon St. and 46` Street to shield housing to the neighbors to the south and to be compatible with the fence to be placed along the boundaries of the subdivision to the west. The preliminary plat for Persimmon Place to the west was approved with a condition that a fence 6' in height be erected along these rights-of-way. K.IREPORM2004WC REPORM02-09-041R-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.5 R-PZD 04-02.00 Page 6 (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shall be reviewed in light of the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: Connectivity from this proposed residential subdivision is being provided west to 46th Street, south to Persimmon St., and east to a vacant tract of land for connectivity to future development. All rights-of-way within the subdivision shall be dedicated to the City. (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: Each lot shall be for single family use and provide the required two off-street parking spaces per unit. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: The land use meets all the requirements for open space, buffer or green strip provisions of the chapter in the code. K-IREPORTS120041PC REPORTS102-09-0418-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KE IS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.6 R PZD 04-02.00 Page 7 (6) Sidewalks.As required by §166.03. FINDING: Sidewalk construction shall be in accordance with current standards to include a six foot sidewalk and ten foot green space along Persimmon Street and a four foot sidewalk with a six foot greenspace along 46th Street and all proposed streets within the development. (7) Street Lights. As required by §166.03. FINDING: Street lights are being provided along Persimmon Place and within the development with spacing not to exceed 300 feet. (8) Water. As required by §166.03. FINDING: Water shall be extended to the subject property. (9)Sewer. As required by §166.03. FINDING: Sewer shall be extended to serve the subject 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 by a loop street shall be 80 units. K.kREPORTS120041PC REPORM02-09-0418-PZD 04-01.00 CROSSKEYST-PZD04-02.00 CROSS KEfSDOC February 09,2004 Planning.Commission R-PZD 04-02.00(Cross Keys) Page 1.7 R PZD 04-02.00 Page 8 (v) The.plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for 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 One-Way Two-Way Units 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. K.VUPORM0041PC REPORM02-09-04UbPW 04-02.00 CROSSKEMR-PZD 04-02.00 CROSS KEYS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.8 R-PZD 04-02.00 Page 9 (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: Rights-of-way shall be dedicated to the City of Fayetteville and constructed to City standards. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed'to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase,the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: N/A (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds,-parking areas, and finished grade levels. FINDING: The site has 0.13% canopy with 0.08% preservation proposed. Mitigation of $1,050 into the City's Tree Escrow Account is required. (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: N/A (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Location of property is located on relatively flat land. No view shed has been identified in this area. (E) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or K_IREPORTS120041PC REPORYM02-09-0418-PZD 04-02.00 CROSSKEYYR-PZD 04-02.00 CROSS KEYSDOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.9 R-PZD 04-02.00 Page 10 occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (C) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that_the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be. made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, K..-WEPOR7S120041PC REPORYS102-09-0418-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.10 R-PZD 04-02.00 Page 11 contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally- owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include,but not necessarily be limited to,the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (C) The open space restrictions must be permanent,rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. FINDING: The applicant has submitted a Bill of Assurance and Protective Covenants and Restrictions for Cross Keys Subdivision. (See attached) Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development,cultural enrichment or to provide a single-purpose or mixed-use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. KIREPORM0041PC REPORM02-09-0418-PM 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYSDOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.11 R-PZD 04-02.00 Page 12 (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services,or any combination thereof,to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and . cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location,topography, size or shape. FINDING: The proposed R-PZD of 108 lots is located-on land identified on the General Plan as residential use. The density and use will not negatively impact surrounding properties. The subdivision is near the Boys and Girls Club and will be able to promote community in this area. (See attached comments from Raymond C. Smith regarding these ten criteria.) (B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. FINDING: Staff has reviewed the proposed development with regard to findings necessary for rezoning requests. An ordinance will be drafted in order to create this Planned Zoning District which will incorporate all conditions placed on the project by the K.1REPORTY2004iPC REPOR1S102-09-04W-PZ0 04-02.00 CROSS KEMR-PM 04-02.00 CROS KEYSDOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.12 R PZD 04-02.00 Page 13 Planning Commission. Covenants provided by the developer will be included in the R-PZD ordinance. This ordinance will be forwarded to the City Council for approval. (C) R- PZD, Residential Planned Zoning District. (1) Purpose and intent. The R-PZD is intended to accommodate mixed-use or clustered residential developments and to accommodate single-use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent,and application of this district include, but are not limited to,the following: (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities,heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: The proposed residential planned zoning district allows single-family use which is compatible with surrounding property. The property is currently zoned Residential Agricultural and would allow for residential development at a lower density than that allowable by a majority of the surrounding property. The density proposed will not significantly increase the amount of traffic to cause congestion in the area which is served by a local and collector street. (2) Permitted uses. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings K IREPOR7S120041PCREPOR7SI02-09-0418-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.13 R PZD 04-02.00 Page 14 Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places Unit 15 Neighborhood shopping Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi-family dwellings FINDING: The proposed single-family dwellings are a permitted use under use unit#8. (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%)of the gross floor area within the development. FINDING: The PZD proposed is entirely residential in use. RECOMMENDATION: Approval of R-PZD with conditions. LAND USE PLAN: General Plan 2020 designates this site Residential- Rezoning this property to R-PZD 04-02.00 is consistent with the land use plan and compatible with surrounding land uses in the area. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives,principles, and policies and with land use and zoning plans. Finding: The proposed rezoning of the existing Residential Agricultural area to the proposed development with residential single-family use with a density of 2.81 units per acre is consistent with the General Plan 2020 that identifies this area for residential use. Single-family use is compatible with existing and planned surrounding single-family residential homes and the surrounding zoning. The proposal is consistent with the following principles of the General Plan 2020 which are: • Creating a sense of place and connectivity within neighborhoods and community. Finding: Connectivity within neighborhoods and community is provided. • Containing and strengthening the emergence of multiple activity centers. Finding: The proposed subdivision is in close proximity to the Boys and Girls Club and by utilizing it may strengthen the community center. K*IREPORM2004WC REPOMS102-09-0418-P70 04-02.00 CROSSIKEYSIR-PZD 04-02.00 CROSS KEYSDOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.14 R-PZD 04-02.00 Page 15 Increasing transportation efficiency. Finding: The developer will construct Persimmon Street and improve 46th Street for the length of the property to achieve connectivity and the flow of traffic as shown on the Master Street Plan. There will also be a stub out to vacant property to the east. The proposal is consistent with the guiding policies for Residential Areas identified in the General Plan 2020 which are: 9.8.f Site new residential areas accessible to roadways, alternative transportation modes, community amenities, infrastructure, and retail and commercial goods and services. 9.8J Implement the Master Street Plan and incorporate bike lanes, parkways and landscaped medians to preserve the character of the City and enhance the utilization of alternative modes of transportation. 9.8d Establish performance zoning design standards to mitigate adverse impacts of contrasting land uses with.residential land uses. 9.8.k Adopt a City policy of "connectivity'; meaning that commercial areas and residential areas are easily accessible by vehicles, pedestrians and bicyclists. The following is from The General Plan 2020 regarding Community Character: 9.19.a Protect and enhance Fayetteville's appearance, identity and sense of phice. 9.19.d Discourage perimeter walls and guard houses around the perimeter of new residential developments and promote "connectivity"to increase accessibility and provide more livable neighborhoods. . 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed density is consistent with the existing surrounding zoning. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will increase traffic but should not appreciably increase traffic danger or congestion with the surrounding local, collector, and principle arterial streets, and connectivity is provided from the proposed development to these streets. Trip generation calculations indicated that 108 single family detached dwellings will produce 1034 two-way trips per day on average. Wedington Dr. is a principal arterial and can sustain a volume of 20,600 trips per day. Current traffic counts on Wedington Dr,east of 46th St. are 15,000 trips per day according to the AHTD 2002 traffic count. K.WEPORM2004iPC REPOR73102-09-0418-PZD 04-02.00 CROSS KEKST-PZD 04-02.00 CROSS KEYSDOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.15 R-PZD 04-02.00 Page 16 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools,water,and sewer facilities. Finding: The proposed zoning will increase population density but should not undesirably increase the load on public services, including schools,water and sewer facilities. Using 2000 Census data for Fayetteville that indicates there are 2.21 persons per occupied unit,the estimated population for a single family development with 108 homes is 239 persons. The maximum development allowable for this property with its current zoning designation of R-A zone is 19 units for a population of 42 persons. 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.TEPORTS110041PC REPOR7S102-09-0418-PZD 04-02.00 CROSS KEYSIR-PZD 04-02.00 CROSS KEYS.DOC February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.16 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS PLANNING DIVISION TO: Jorgensen and Associates Inc. COPY: Suzanne Morgan, Associate City Planner FROM: Craig Carnagey, Sr. Planner (Landscape Administration) DATE: December 23, 2003 SUB3ECT: Cross Key Subdivision TREE PRESERVATION PLAN 1. A payment of $1,050.00 will be required to be made into the City's Tree Escrow Account before Final Plat Approval. February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1..17 City of Fayetteville Tree Preservation Plan Review Form Project: Cross Keys Subdivision Developer: Charlie Sloan Location: 46a'and Persimmon Pl. Engineer: Jorgensen and Associates This form shall stand as a: Olnitial Review/Letter of Confirmation ./Recommendation to Planning Commission or City Council O Final Administrative Determination* Requirements Submitted: OInitial Review ✓Site Analysis ✓Analysis Report /Tree Preservation Plan Canopy Measurements: %Tree Canopy Required to be Preserved Total Area of Existine Tree Canopy Land Use RR-A Acres OoTo be Preserved 25 Square Feet 2,245 %of Total Site Area 0.13 Total Area of Site. Acres Existing Tree Canopy Preserved Square Feet 1,676,003 Acres Square Feet 877 of Total Site Area.08 Mitigation/Off Site Alternatives Requested: OYes /No 00n-Site Mitigation QOff-Site Preservation OOff--Site Reforestation /Tree Fund Tree Preservation Criteria Met: /Yes ONo (See back for criteria list and comments) Applicant's Plan: /Approved. Q Denied OConditionally Approved Conditions for Approval: Signed: / The Landscape Administrator Date: February 09,2004 Planning Commission R-PZD 04-02.00(Cross Keys) Page 1.18 PARKS AND RECREATION THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone: 479-444-3472 TO: Jeremy Pate, Associate Planner FROM: Rebecca Ohman; Park Planner DATE: January 27, 2004 SUBJECT: Parks&Recreation Plat Review Comments Meeting Date: January 29,2004 Item: R-PZD 04-02.00 Cross Keys,pp 438 Park District: SW Zoned: PZD Billing Name&Address: Sloan Properties, Inc 3459 Nottingham Place Fayetteville AR 72703 Land Dedication Requirement Money in Lieu Single Family @ .024 acre per unit= acres 108 @$555 per unit=$59.940 Multi Family _@ .017 acre per unit= acres @ $393 per unit=$ Mobile Home @ .024 acre per unit= acres @$555 per unit= $ Lot Split @$555 per unit= $ COMMENTS: ■ Parks fees are assessed in the amount of$59,940 for 108 Single-Family Units. ' ■ Parks fees are due prior to issuance of the final plat. February 09,2004 Planning Commission RPZD 041 R-PZD 04-02.00(Cross Keys) Page 1.19 FAYE ;TEVILLE RECEIVED carE JAN 2 0 2004 p ucF PLANNING DIV. THE CITY OF FAYETTEVILLE,ARKANSAS POLICE DEPARTMENT 99A ANSpS January 20, 2004 Dawn Warrick Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Warrick, This document is in response to the request for a determination of whether the proposed R-PZD 04-02.00: Residential Planned Zoning District(Cross Keys,pp 438)was submitted by Chris Brackett of Jorgensen&Associates on behalf of Charles Sloan and Sloan Properties for property located south of Wedington Drive at the comer of N.46th and Persimmon Street would substantially alter.the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this Planned Zoning District will not substantially alter the population density and thereby undesirably increase the load'on police services or create and appreciable increase in traffic danger and congestion in the area. Sin rely, -G ieutenant William Brown Fayetteville Police Department February 09,2004 Planning Commission FAYETTEVILLE POLICE DEPARTMENT - (DEUVERIESgt2BWOMYN {@ 5 72781 P.O.BOX 1988 - - JAIL 140-A WESt'R( TRF.�.T7J522 72701 FAYETTEVILLE,ARKANSAS 72702-1988 - PHONE:501-587 7555 Sb�=58 RAYMOND C. SMITH, P.A. ATTORNEY AT LAW Telephone(479)521-7011 FAX(479)44311333 Barristers Place,Suite 11 Toll Free 1-800-282-0168 70 North College Avenue Email rsmith70r1@sbcglobaLnet yetteville,Arkansas 72701-6101 December 4,2003 City of Fayetteville Planning Division 125 West Mountain Street . Fayetteville,Arkansas 72701 Rei R-PZD Residential Planning Zoning District Request Cross Keys Subdivision a Site Location: Northeast cornier intersection of Persimmon Street&North 46 Street Legal.Description: The SE%4 of the SW/40f Section 12,T16N,R31 W,in Washington County,Arkansas,and more particularly described as follows: Commencing at the NE comer of said SEA,SW%4 thence S02037'23"W 1.63 feet to the P.O.B.,thence S029723"W 1320.10 feet thence N87-02'10"W 1266.36 feet,thence NO2°16'32"E 1318.64 feet,thence S87°06'18"E 1274.35 feet to the P.O.B.,;containing 38.48 acres more or less subject to easements and right of ways of record. The current owner of the above described property,The Hoyet Greenwood Trust A,Jean Greenwood Jowers,Trustee,and Developer,Charles W. Sloan,Charles W. Sloan and Associates,Inc.,are now in final negotiations and a sales contract should be signed momentarily, and are proposing a Planning Zoning District(R-PZD)be established for the above described land.The land will be rezoned from A-1 to R-PZD will achieve the overall objectives of a PZD. During subsequent phases of Cross Keys,additional 160 acres now situated in the county will be annexed into the city and become part of the overall development. The proposed PZD meets the criteria as set out in Sec. 166.06A,Planning Zoning District (PZD),Title XV;Unified Development Code: (1) Location_ The above described property is eligible as it is situated within the City of Fayetteville limits. (2) Ownership. Landowner is eligible applicant and the development plan will be binding upon all subsequent owners of the land. February 09,2004 RFwQMV n�ommission Il XX112!9900{Cross Keys) DEC 0 4 2003 Page 1.21 PI AIMIMlr nl►r (3)Size. Although the site location contains approximately 38.48 acres,there is no minimum tract size requirement. The proposed PZD can accomplish one or more of the following goals specified in Sec. 161.25(A)Planned Zoning District,Title XV,Unified Development Code: (1)Flexibility. Cross Keys Phase I Subdivision will include approximately 109 homes with not greater than 2.85 houses per acre in a variety of styles of houses,each having not less then 2000 sq. ft. of heated space. (2)Compatibility. Cross Keys is certainly compatible with surrounding land use. Persimmon Place,a subdivision development situated on 4e Street,has a masonry fence surrounding the subdivision. Cross.Keys will have the same style masonry fences. Although Persimmon Place has a minimum house size of 1850 sq.ft.,Cross Keys will have a minimum of 2000 sq. ft. The Proposed PZD will achieve compatibility between the proposed development and surrounding areas so as to preserve and enhance the overall neighborhood appearance. (3) Harmony. This area in the western part of Fayetteville is currently being developed as single family residential dwellings and this proposal will meet the purpose and intent of R-PZD and the permitted use as Unit 8,as single family dwellings. (4) Variety. Approximately 109 houses will be constructed in the PZD. Developer will not sell the lots to a single builder but anticipates as many as twenty different builders will be involved resulting in a variety of housing types and an increase In employment opportunities and services. (5) No Negative Impact. The Proposed PZD will not have a negative impact on the future growth of the western part of Fayetteville. (6) Coordination. Proposed PZD and the development of land surrounding the PZD is being coordinated between the various developers. In coordination with John Knox and the development of his subdivision, West Persimmon Street between N. 4e Street to Rupple Road will be developed,constructed and paved to a 24 ft.paved width. (7) Open Space. The developer will develop adjacent land to include a golf course that will complement the activities already in existence and planned near the Fayetteville Boys and Girls Club. (8) Natural Features. The prehminary.plat of Cross Keys is planned to obtain maximum enhancement and minimal disruption of natural existing features of the land and surrounding areas. MI\X )ry09,2004 REC lammng Commission Q4 ni nn(Cross Keys) UCS. U U 'f Y11t1J Page 1.22 PLANNING DIV. (9) General Plan. Proposed PZD will take into consideration tree preservation, landscaping, water conservation,preservation of natural site amenities and the protection of watercourses from erosion and siltation- All features shall be combined in such a way as to further the-health, safety,amenity and welfare of the community. VC. Smith Attorney at Law Owner Representative RECEIVED February 09,2004 DEC Q 4 ening Commission R-PZD 04-02.00(Cross Keys) PLANNING DIV. Page 1.23 BILL OF ASSURANCES AND PROTECTIVE COVENANTS AND REWSTRICTIONS FOR`°CROSS KEYS" A SUBDIVISION OF THE CITY OF ET LE ARKANSAS KNOW ALL BY THESE PRESENTS,Charles W. Sloan and Associates, Inc., hereinafter referred to a"Declarant,' as owner, developer and sub divider of all the lots in CROSS KEYS, Phase I, a subdivision to the City of Fayetteville, Arkansas, hereinafter referred to as"CROSS KEYS," by execution hereof, enters and declares the following assurances, covenants, and restrictions with respect to the subdivision. I. OWNERSHIP: Declarant is the developer of the following described real property being developed as the Cross Keys Subdivision, Phase I, of the City of Fayetteville, County of Washington, State of Arkansas, to-wit: The Southeast Quarter(SE%4)of the Southwest Quarter(SWC/4) Of Section Twelve(12), Township Sixteen(16)North,Range Thirty-one(3 1)West, containing 40 acres, more or less 2. SINGLE-FAMILY LAND USE: Lots within Cross Keys Subdivision Phase I are developed as a Planned Zoning District to provide single family lots with approximately 2.8 lots per acre, with a Lot minimum width.of Eighty(80)feet, and shall be in compliance with or exceed the regulations for RSF4 zoning as defined and interpreted by the City of Fayetteville, Arkansas, and Courts of competent jurisdiction, and in compliance with the assurances, covenants, restrictions, and conditions set out and contained herein, on the date these covenants and restrictions were executed. 3. BUILDING LIMITATIONS AND REQUIREMENTS: The subdivision and building codes of the City of Fayetteville, Arkansas, as such presently exist or are hereafter amended, shall be and are hereby made applicable to all lots in Cross Keys Subdivision. All dwellings, other structures and/or improvements shall comply with said ordinances as such exist on the date of such construction. Any conflicts between such ordinances and the provisions of the conditions, covenants and restrictions shall bexesolved in favor of the more restrictive provisions. Building, tt�p�pQ� t= Mi�sidt>' R-PZD 04-&f(fir;s s) USG U .ft 4 Bill of Assurances and Protective Covenants-Cross Keys P o �PUINNING DIV. architectural, and design specifications shall be in accordance with the codes and regulations of the City of Fayetteville, Arkansas, and specifically those pertaining to development of Land zoned RSF4(Residential Single Family w/4 units/acre). Individual homes(Single Family, RSF4: a. All dwelling structures constructed upon any lot of Cross Keys shall contain a minimum of two thousand(2000) square feet of heated living space. b. Each dwelling shall have a private garage for not less than two(2) vehicles. All garage interiors must be dry-walled and finished. All garage doors must be of section type, with automatic garage door openers with appropriate child safety features. c. Each dwelling is required to have a concrete driveway. d. All homes and/or other structures constructed within Cross Keys must have an architectural asphalt, tile, or wood shingle roof. e. No roof pitch on any structure shall be less than a 10/12 pitched. f. All homes must have one hundred percent(100%)brick, stone or stucco on all exterior walls up to the top plate of the 0-floor. Total percentage of brick, stone or stucco on all exterior walls of each house must equal Eighty (80)percent of the wall surface g. Variance. Any lot owner may petition the Architectural Committee for a variance from the building limitation and requirements. Each application for a variance will be considered individually based on the overall design of the proposed house in relationship to its compatibility with the other homes in Cross Keys Subdivision. Any application for a variance shall include all documentation that supports the quality of the proposed construction that will be equal to or greater than the requirements set forth in these building limitations and requirements. Compliance with the above referenced ordinances, conditions, and restrictions, and any future revisions and/or additions to said ordinances, conditions, and restrictions, shall be judged, determined by and require prior approval by the Architectural Committee. The Architectural Committee shall view and approve all exterior plans and specifications for all structures prior to construction and be given the power to amend and/or alter any design plans or specifications prior to construction and be given the power to amend and/or alter any design plans or specifications prior to construction and be given the power to amend and/or alter any design plans or specifications prior to approval for construction with Cross Keys. Any alterations or recommendations made by the Architectural Committee must be revised on said plans and be resubmitted to the Architectural Committee for approval prior to construction. Revisions to prior approved architectural are discouraged; however, any revisions made to said exterior plans must be resubmitted again to the Architectural Committee for approval. In order to be apprised of current requirements, all owners and builders should contact the Architectural Committee prior to commencement of construction. The specifications and requirements for RSF4 zoning designation shall be deemed minimaFebruary 09,2004 P1�1�Z�yy R-PZD Oft DEC 0rab035 Bill of Assurances and Protedive Covenants-Cross Keys Page 2 of 13 PI ANUMn nno requirements for the architectural and design specifications for Cross Keys. The City of Fayetteville specifications may be supplemented from time to time where not inconsistent with the original plans and architectural intent of Cross Keys. 4. BUIDING LOCATION AND yARD RESTRICTIONS: No building may be located within twenty-five(25)feet of any lot line which is adjacent to a street, within eight(8)feet of the side lot lines, or within twenty(20)feet(RSF4) If two adjacent lots are purchased for purposes of constructing only one home, the interior side yard line limitations are removed No lots within the subdivision may be subdivided, except as follows: if owners on both sides of a vacant joining lot elect to purchase said lot, they may subdivide the only one time. This lot split of the joining lot then increases the size of both adjacent lots and for building purposes the interior side lot line limitation would be associated with and measured from the new property line created by the division. If both portions of the split lot were ever recombined for purposes of serving as a building lot, then the original restriction as to set back would apply. The front yard, the side yards and a minimum of thirty(30) feetof the backyard shall be fully grass sodded within sixty(60)days and ninety(90)days, respectfully, following the date on which the dwelling is eligible for the issuance by the City of Fayetteville of a temporary certificate of occupancy. Any variance must be submitted and approved by the Grounds Committee. All front yards shall be maintained and groomed as required to be consistent with the other homes within the subdivision and to comply with the overall architectural objectives of the Cross Keys Subdivision. 5. BULDERS AND CONTRACTORS: Prior to commencement of any site work or construction, a lot owner shall submit the name, address, and telephone number of the lot owner; the name, address, and telephone number of the building contractor, a complete set of construction plans include exterior colors and finishes; and a plat plan reflection the location or all improvements; and set back lines, collectively referred to as ' "Building Packet" to the Architectural Committee for review and approval. Within thirty(30)days after receipt of the Building packet the Architectural Committee shall act upon the request and provide the lot owner approval or disapproval in writing. A building contractor is defined as a general contractor, building contractor, construction contractor or consultant, architect, design builder or the owner, if he/she acts as their own contractor. If the Building Packet is complete and the Architectural Committee fails to respond to a lot owner within the specified time period, said member may approach the Board of Directors of Cross Keys Property Owners Association and request immediate action be taken to approve or disapprove the owner's submission. The Board of Directors shall have the authority to approve or'� �yA R-PZD 04-02.00Cross Keys) OEC U 4PM826 Will ofAsswm"s and Protective COVCn is-Cross Keys,pa¢ got't3 -IN �►V/A'\�N�tN G DIV.