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HomeMy WebLinkAboutOrdinance 6377OF FPYETTf
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6377
File Number: 2020-0906
R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK):
Doc ID: 019575260004 Type: REL
Kind: ORDINANCE
Recorded: 11/30/2020 at 03:45:44 PM
Fee Amt: $30.00 Paqe 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File202O-00043751
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT
ENTITLED R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF
EAST SAIN STREET TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS
WITH ASSOCIATED PARKING, PARKLAND, AND TREE PRESERVATION AREAS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves R-PZD
2020-001 as described in Exhibits `A' and `B' and `C' attached to the Planning Division's Agenda
Memo which allows the development of 321 multi -family units with associated parking, parkland and
tree preservation areas.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby approved to
reflect the zoning criteria change provided in Section 1 above.
PASSED and APPROVED on 11/5/2020
Page 1
I Attest: .`����G�ERK / TRF���'�.
FAYETTEVILLE
Kara Paxton, City Clerk Treasurei�.�••:9 .�
'ei,NGTONt t�►D►����``
Printed on 11/6/20
PZ D-2020-000001 The Trails on the Creek PZD-2020-000001
Exhibit 'A'
Close Up View
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Planning Area
Fayetteville City Limits
Trail (Proposed)
1—,:Design Overlay District
Building Footprint
Subject Property
Residential -Agricultural
RSFA
IM RMF-24
1-1 Heavy Commercial and Light Industrial
Feet Residential -Office
C-1
0 180 360 720 1,080 1,440 2
P-1
1 inch = 500 feet
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
Survey Description
PARCEL 765-02504-000
PZD-2020-000001
Exhibit 'B'
BLOCK TWO (2) OF AW REALTY SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE FINAL
PLAT OF THE REPLAT OF AW REALTY SUBDIVISION BLOCK 1 & 2 RECORDED IN PLAT BOOK 10 AT PAGE 10 IN THE
RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER (SE 1/4, NE 1/4) AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE 1/4, SE
1/4) OF SECTION 26 AND A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW 1/4, NW 1/4)
OF SECTION 25, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A FOUND CONCRETE MONUMENT FOR THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER
(SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 25, AND RUNNING THENCE S69°46'01"W
468.65' TO A FOUND IRON PIN, THENCE N22°40'49"W 428.14' TO A FOUND IRON PIN, THENCE WITH A CURVE TO
THE LEFT, HAVING A RADIUS OF 1175.51', AN ARC LENGTH OF 483.79', AND A CHORD BEARING AND DISTANCE OF
N60°34'33"E 480.38' TO A FOUND IRON PIN, THENCE N48°44'34"E 71.20' TO A SET IRON PIN, THENCE S41°10'35"E
428.12' TO A FOUND IRON PIN, THENCE S02°36'52"W 200.26' TO A SET IRON PIN, THENCE N87°23'08"W 140.00' TO
THE POINT OF BEGINNING. CONTAINING 6.76 ACRES MORE OR LESS. SUBIECTTO EASEMENTS AND RIGHTS -OF -WAY
OF RECORD.
PARCEL 765-11127-000
A PART OF LOT 1, AND SUMMERHILL COMMON AREA, SUMMERHILL SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, BEING A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT:
BEGINNING AT A SET IRON PIN WHICH IS S02'32'54"W 679.36' AND S86°53'45"E 490.71' FROM THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF SECTION 25, AND RUNNING THENCE S86°53'45"E 42.30, TO A SET IRON
PIN, THENCE NO2°57'1S"W 130.30' TO A SET IRON PIN, THENCE N28°30'45"E 44.30' TO A SET IRON PIN, THENCE
N04°38'45"E 223.10' TO A SET IRON PIN, THENCE N11°39'45"E 295.09' TO A SET IRON PIN, THENCE S87°23'08"E
18.05' TO A FOUND IRON PIN, THENCE S02°25'07"W 678.93' TO A FOUND IRON PIN, THENCE S02°24'15"W 913.39'
TO A FOUND IRON PIN, THENCE S02°22'42"W 515.56' TO A FOUND IRON PIN, THENCE N87°07'52"W 16.21' TO A SET
IRON PIN, THENCE NO2°40'45"E 1113.26' TO A POINT FROM WHICH FOUND NAIL IN A FENCE CORNER POST BEARS
SS5'15'45"W 0.43', THENCE N86°53'45"W 114.66' TO A FOUND IRON PIN, THENCE NO2°41'53"E 310.00' TO THE
POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD.
PARCEL 765-16852-000
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25 AND A PART OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT
A SET 1/2" REBAR WHICH IS S87'23'08"E 140.00' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 25, AND RUNNING THENCE NO2°36'52"E 200.26' TO A FOUND 5/8"
REBAR,
THENCE N41'05'25"W 295.40' TO A SET 1/2" REBAR, THENCE S50'11'36"E 347.00' TO A SET 1/2" REBAR, THENCE
N76°53'14"E 120.00' TO A SET 1/2" REBAR, THENCE N62°44'23"E 485.00' TO A SET 1/2" REBAR, THENCE S65°50'49"E
152.00' TO A SET 1/2" REBAR, THENCE S43°47'11"E 218.00' TO A SET 1/2" REBAR, THENCE S22°32'07"E 153.00' TO A
SET 1/2" REBAR, THENCE S42°07'59"E 188.00' TO A FOUND 1/2" REBAR ON THE SOUTHERLY LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, THENCE ALONG SAID SOUTHERLY LINE
N87°23'08"W 1105.01' TO THE POINT OF BEGINNING. CONTAINING 7.78 ACRES, MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
3825 NORTH SHILOH DRR'I,: / ARI�.1NS.XS • 72703
PITON I?: 4 7 9 - 4 4 3 - 4 5 0 6 F Y 4 7 9 - 5 8 2 - 1 883
PARCEL 765-16854-000
A PART OF LOT 11, VANTAGE SQUARE, UNIT 2, FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED AT PLAT BOOK
10, PAGE 79, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET IRON PIN FOR THE
NORTHWEST CORNER OF SAID LOT 11, AND RUNNING THENCE S62°01'20"E 30.00' TO A SET IRON PIN, THENCE
S46°48'14"E 88.24' TO A SET IRON PIN, THENCE S05°12'09"W 179.78' TO A POINT, FROM WHICH A FOUND IRON PIN
BEARS S05°12'09"W 2.56', THENCE S47°01'09"E 351.35' TO A SET IRON PIN, THENCE S71°01'02"E 227.08' TO A SET
IRON PIN, THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51', AN ARC LENGTH OF 308.33', AND
A CHORD BEARING AND DISTANCE OF S60°19'36"W 307.35' TO A FOUND IRON PIN, THENCE WITH A REVERSE CURVE
TO THE LEFT, HAVING A RADIUS OF 59.79', AN ARC LENGTH OF 184.63', AND A CHORD BEARING AND DISTANCE OF
S71°27'02"W 119.54' TO A FOUND IRON PIN, THENCE WITH A REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF
1115.51', AN ARC LENGTH OF 176.24', AND A CHORD BEARING AND DISTANCE OF S79°03'40"W 176.05' TO A FOUND
IRON PIN, THENCE N00°01'21"W 134.20' TO A SET IRON PIN, THENCE N85°11'22"W 47.35' TO A SET IRON PIN,
THENCE N04°44'48"E 314.86' TO A SET IRON PIN, THENCE S82°51'35"E 94.73' TO A FOUND IRON PIN, THENCE
N05°05'33"E 94.64' TO A FOUND IRON PIN, THENCE N36°46'59"W 143.92' TO A FOUND IRON PIN, THENCE
N04°49'40"E 141.30' TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
BLEW & ASSOCIATES, PA 2 1
Washington County, AR
I certify this instrument was filed on
11/30/2020 03:45:44 PM
and recorded in Real Estate
File Number 2020-00043751
Kyle Sylvester - Circuit Clerk
y
r City of Fayetteville, Arkansas 113 West Mountain Street
f� \ Fayetteville, AR 72701
(479) 575-8323
i Text File
File Number: 2020-0906
Agenda Date: 11/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 6
R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK):
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED
R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET
TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS WITH ASSOCIATED
PARKING, PARKLAND, AND TREE PRESERVATION AREAS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves R-PZD 2020-001 as
described in Exhibits `A' and `B' and `C' attached to the Planning Division's Agenda Memo which allows the
development of 321 multi -family units with associated parking, parkland and tree preservation areas.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby approved to reflect the
zoning criteria change provided in Section 1 above.
City of Fayetteville, Arkansas Page 1 Printed on 111612020
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
—•�~
(479) 575-8323
l�
} Text File
i
File Number: 2020-0906
Agenda Date: 11/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 6
R-PZD-2020-001 (EAST OF E. SAIN ST./TRAILS ON THE CREEK):
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED
R-PZD 2020-001 FOR APPROXIMATELY 20.77 ACRES LOCATED EAST OF EAST SAIN STREET
TO ALLOW THE DEVELOPMENT OF 321 MULTI -FAMILY UNITS WITH ASSOCIATED
PARKING, PARKLAND, AND TREE PRESERVATION AREAS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves R-PZD 2020-001 as
described in Exhibits `A' and `B' and `C' attached to the Planning Division's Agenda Memo which allows the
development of 321 multi -family units with associated parking, parkland and tree preservation areas.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby approved to reflect the
zoning criteria change provided in Section 1 above.
City of Fayetteville, Arkansas Page 1 Printed on 111612020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0906
Legistar File ID
11/5/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/16/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
RPZD 2020-000001: Residential Planned Zoning District (EAST OF E. SAIN ST./THE TRAILS ON THE CREEK, 174/175):
Submitted by BLEW & ASSOCIATES, INC. for properties located EAST OF E. SAIN ST. The properties are zoned C-2,
THOROUGHFARE COMMERCIAL & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain approximately 20.77
acres. The request is to rezone the property to RPZD to include 321 multi -family units with associated parking.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF NOVEMBER 5, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: October 16, 2020
CITY COUNCIL MEMO
SUBJECT: RPZD 2020-000001: Residential Planned Zoning District (EAST OF E. SAIN
ST./THE TRAILS ON THE CREEK, 174/175): Submitted by BLEW &
ASSOCIATES, INC. for properties located EAST OF E. SAIN ST. The properties
are zoned C-2, THOROUGHFARE COMMERCIAL & 1-1, HEAVY COMMERCIAL
& LIGHT INDUSTRIAL and contain approximately 20.77 acres. The request is to
rezone the property to RPZD to include 321 multi -family units with associated
parking.
RECOMMENDATION:
Staff recommends approval of C-PZD-2020-000001 as shown in the attached Exhibits'A', 'B', and
`C'. The Planning Commission recommends approval of Planning Area 1 and denial of Planning
Areas 2 and 3 for parkland and tree preservation respectively, pending adequate Parks and Police
Department coordination regarding park safety and maintenance.
BACKGROUND:
The subject property is located in north Fayetteville, beyond the eastern dead-end of Sain Street,
south of Mud Creek, and west of Butterfield Trail Village. One of the parcels is a particularly
unusual shape, extending approximately 2,000 feet south from the other parcels to Stubblefield
Road and ranging in width from 10 to 100 feet. Staff research indicates this was formerly
Summerhill POA property for which tax payments lapsed and it was sold at auction. Although all
parcels remain undeveloped, their residential, commercial, and industrial zoning designations can
be traced back to Fayetteville's adoption of zoning in the 1970s. The eastern and southern
portions of the main site are characterized by steep slopes down to Mud Creek and its floodplain
to the north and up to Brookhaven Estates and Christian Life Cathedral to the south. A relatively
level area is found between these two grades and across the remainder of the property. Despite
the terrain, no portion of the property falls within the Hillside -Hilltop Overlay district. The northern
and northwestern portions of the property fall within floodplain associated with Mud Creek
In 2019, a proposal to rezone the property to CS, Community Services, was forwarded by the
Planning Commission but withdrawn by the applicant to allow time to work with neighbors.
Subsequently, a large scale development was submitted for the property for 180 multi -family units,
but this was also withdrawn to allow time to address Commission and neighbor comment. Most
recently, a concept plat was presented to the Planning Commission in June of 2020.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
In 2021 construction is anticipated to begin on the Sain Street extension, which will include the
connection of Sain Street with Vantage Drive, bisecting the subject property and crossing Mud
Creek.
Proposal: The proposal is to rezone the property to a planned zoning district (PZD) for multi -family
development, preservation of sensitive natural area, and parkland dedication. Three planning
areas are proposed, with their relative locations and intended development are described below:
• Planning Area 1- 10.2 acres: Including approximately half of the property, Planning Area
1 is intended for multi -family development at a density of 35 units per acre or less, with
321 units proposed and a potential for approximately 420 units. Zoning allowance is made
for small-scale nonresidential uses and other residential building types. Planning Area 1
will connect to the Sain Street extension at three locations.
• Planning Area 2 — 4.7 acres: Located to the eastern portion of the property, along Mud
Creek and existing City of Fayetteville parkland. Planning Area 2 is intended as parkland
dedication in associated with residential development.
• Planning Area 3 — 5.9 acres: Includes area of steep terrain and mature trees intended
for preservation along the southern extent of the site and adjacent to the Brookhaven
Estates neighborhood. No permitted or conditional uses are proposed for this area.
Land Use Compatibility: The proposed zoning is compatible with the wide-ranging land uses in
the area including parkland and natural area, institutions, and commercial uses. Despite the
PZD's largely residential component, housing near College Avenue will be very complimentary of
the varied uses that currently require vehicle use to access.
Land Use Plan Analysis: While rezoning the property to the proposed PZD is generally consistent
with the City's long-range goals and planning documents, integration of a greater variety of uses
would better represent the tenets of City Plan 2040 and the Future Land Use Map. Both
documents dictate that complete neighborhoods are to be the standard, where a mixture of uses
allows for varying transportation options, greater access to amenities, and fewer municipal
liabilities in terms of infrastructure. With a largely residential proposal, the proposed PZD makes
headway towards encouraging a mixture of uses, but could go further.
That said, the larger context of the area is critical to the request's evaluation and staffs
recommendation. College Avenue to the west and Joyce Boulevard to the north of the subject
property are historically commercial corridors with an almost unequivocal vehicle orientation. In
recent decades, and culminating in the drafting of the 71 B Corridor Plan, it became clear that
reorienting College Avenue from a state highway to a complete street necessitates the addition
of housing amongst the many restaurants, offices, and other services present. The applicant's
PZD proposes this, with location to take advantage of a future connection from College to Joyce,
proximity to the City's trail system, adjacency to a University of Arkansas satellite campus, and
ready access to services and the regional transportation network.
On the balance of considerations, staff finds the proposed PZD to be compatible and consistent
with existing land uses and adopted land use plans.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the
subject property, ranging from 3 to 7. Areas closer to College have higher scores than those near
Mud Creek:
• Appropriate Future Land Use Map (71 B Corridor & Urban Center Area)
• Near a grocery store (Whole Foods Market)
• Near Razorback Transit (Route 26)
• Near Ozark Regional Transit (Route 10)
• Near Trail (Mud Creek Trail)
• Near Water Main (Sain Street)
• Near Sewer Main (Sain Street)
On the balance of considerations, staff finds the proposed PZD to be compatible and consistent
with existing land uses and adopted land use plans.
DISCUSSION:
At the September 28, 2020 Planning Commission meeting, the Planning Commission tabled the
item by a vote of 6-1-0. Commissioner Hoffman made the motion and Commissioner Belden
provided the second. Commission Brown dissented, noting his generally favorable view of the
project. Those Commissioners that supported tabling noted several items that were expressed to
the applicant during the project's concept plat review in June 2020. This included an interest in
seeing a second point of access to the property north of Sain, a preference to see a four-way
intersection along Sain, and, most significantly, a lack of visibility or natural surveillance to the
proposed parkland or greenspace. Additionally, information was requested on Fayetteville's
Community Rating System for flood insurance and how the proposed parkland could factor in to
this. Planning staff advised that Engineering Division, Parks and Recreation Department, and
Police Department staff would be consulted prior to the October 12, 2020 Planning Commission
meeting. Two residents spoke during the hearing, one with questions about use of the odd, narrow
parcel that extended south to Stubblefield Road and the other expressing a desire to see the
project approved as proposed with a desire to understand what the Commission anticipates
seeing on the proposed parkland id developed.
At the October 8, 2020 Planning Commission agenda session, the Commission was presented
with a revised conceptual site plan and information from Fayetteville's floodplain administrator.
Floodplain questions were answered regarding potential credits from the proposed parkland
towards Fayetteville's community rating for flood insurance purposes. However, given concerns
shared from the Parks Department about the PZD's planning area layout, Planning staff shared
their recommendation of tabling.
At the October 12, 2020 Planning Commission meeting, staff shared a revised recommendation
to forward the proposal based on modifications to the planning area layout offered after staff report
publication. The proposed layout included a reduced Planning Area 1 for development, an
expanded parkland dedication area that reflected the Parks and Recreation Advisory Board's
review of the project, and a tree preservation area along the southern property line of the overall
site where significant canopy and slope is present. Additionally, the revised PZD conceptual site
plan included a trail segment from the Active Transportation Plan that connects Mud Creek with
the neighborhoods to the south. Beyond this, the plan also included a further trail length south to
Stubblefield Road. Planning staff conveyed comments received from the Police Department
regarding the parkland and Parks staff presented on the importance of different types of parks,
including those intended for conservation or unprogrammed open space.
Commissioners expressed an appreciation with the applicant's willingness to revise the
developed portion of the site, including the added curb cut on Sain Street and creation of a four-
way intersection. Regarding the proposed parkland, several Commissioners expressed
disappointment that the proposal continues to lack the desired degree of natural surveillance,
noting that this portion of Fayetteville and the City as a whole is rapidly growing, with acceptance
of public parkland meriting greater scrutiny for safety that justifies greater collaboration with the
Police Department. Other Commissioner concerns included development on the floodplain, the
lack of opportunity to incorporate tree preservation development requirements in to parkland
dedication, and the perceived conflict between interests and concerns among staff.
Police representation also spoke, observing that a trail, when lacking direct visibility to it, creates
a condition for potential crime. Regarding concerns raised by the Planning Commission about
occupation of the park by homeless individuals, Police staff noted that this group tends to locate
near several services that are elsewhere in Fayetteville, but may move in the future as these
resources move. However, following a site visit the Police Department expressed limited concern
about camping given that the topography is not conducive to building a shelter.
Ultimately, the Commission divided the proposal, voting first to forward Planning Area 1, including
the multi -family housing, to the City Council with a recommendation of approval. The motion was
made by Commissioner Hoffman and seconded by Commissioner Belden. The vote was 8-1-0,
with Commissioner Garlock dissenting.
Following this were several motions to both forward and table the remainder of the proposal, all
of which failed for lack of a second or were withdrawn after greater procedural clarification from
legal counsel. A fifth motion was made by Commissioner Belden to forward the remainder of the
project, Planning Areas 2 and 3, recommending denial as proposed. Commissioner Hoffman
provided the second. Commissioner Belden noted that this action was based on the need for
Parks and Police staff to coordinate their review and collaborate on a solution regarding safety
and maintenance. The vote was 8-1-0 with Commissioner Brown dissenting, expressing that this
was based on his support of the Parks Department staffs recommendation to accept the parkland.
Public comment was made before and at the meeting in support of the request, particularly
regarding the inclusion of parkland and other means to minimize development adjacent to the
Brookhaven subdivision to the southeast. There was an understanding by nearby residents that
the City Council and Mayor had previously directed the developer to work with neighbors to create
a proposal that was supported.
4
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Exhibit C
o PZD Booklet
o PZD Architectural Examples
o PZD Plats
• Parks and Recreation Memo
• Planning Commission Staff Report
• Public Comment
PZD-2020-000001 The Trails on the Creek PZD-2020-000001
Exhibit 'C'
Close Up View
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Legend
ST
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i
1011 -24
I - M Residental-Agricultural
- - Planning Area RSF-4
— — _M RMF-24
L — — Fayetteville City Limits 1-1 Heavy Commercial and Light Industrial
Feet Residential -Office
Trail (Proposed) .4A c-1
Design Overlay District 0 180 360 720 1,080 1,440 MP-1
Building Footprint 1 inch = 500 feet
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
Survey Description
PZD-2020-000001
Exhibit 'B'
PARCEL 765-02504-000
BLOCK TWO (2) OF AW REALTY SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE FINAL
PLAT OF THE REPLAT OF AW REALTY SUBDIVISION BLOCK 1 & 2 RECORDED IN PLAT BOOK 10 AT PAGE 10 IN THE
RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER (SE 1/4, NE 1/4) AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE 1/4, SE
1/4) OF SECTION 26 AND A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW 1/4, NW 1/4)
OF SECTION 25, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A FOUND CONCRETE MONUMENT FOR THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER
(SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 25, AND RUNNING THENCE S69°46'01"W
468.65' TO A FOUND IRON PIN, THENCE N22°40'49"W 428.14' TO A FOUND IRON PIN, THENCE WITH A CURVE TO
THE LEFT, HAVING A RADIUS OF 1175.51', AN ARC LENGTH OF 483.79', AND A CHORD BEARING AND DISTANCE OF
N60°34'33"E 480.38' TO A FOUND IRON PIN, THENCE N48"44'34"E 71.20' TO A SET IRON PIN, THENCE S41°10'35"E
428.12' TO A FOUND IRON PIN, THENCE S02°36'52"W 200.26' TO A SET IRON PIN, THENCE N87°23'08"W 140.00' TO
THE POINT OF BEGINNING. CONTAINING 6.76 ACRES MORE OR LESS. SUBJECTTO EASEMENTS AND RIGHTS -OF -WAY
OF RECORD.
PARCEL 765-11127-000
A PART OF LOT 1, AND SUMMERHILL COMMON AREA, SUMMERHILL SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, BEING A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH,
RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT:
BEGINNING AT A SET IRON PIN WHICH IS S02°32'S4"W 679.36' AND S86"53'45"E 490.71' FROM THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF SECTION 25, AND RUNNING THENCE S86°53'45"E 42.30' TO A SET IRON
PIN, THENCE NO2°57'15"W 130.30' TO A SET IRON PIN, THENCE N28°30'45"E 44.30' TO A SET IRON PIN, THENCE
N04°38'45"E 223.10' TO A SET IRON PIN, THENCE N11"39'45"E 295.09' TO A SET IRON PIN, THENCE S87°23'08"E
18.05' TO A FOUND IRON PIN, THENCE S02°25'07"W 678.93' TO A FOUND IRON PIN, THENCE S02°24'15"W 913.39'
TO A FOUND IRON PIN, THENCE S02"22'42"W 515.56' TO A FOUND IRON PIN, THENCE N87°07'52"W 16.21' TO A SET
IRON PIN, THENCE NO2°40'45"E 1113.26' TO A POINT FROM WHICH FOUND NAIL IN A FENCE CORNER POST BEARS
S55°15'45"W 0.43', THENCE N86°53'45"W 114.66' TO A FOUND IRON PIN, THENCE NO2°41'53"E 310.00' TO THE
POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD.
PARCEL 765-16852-000
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25 AND A PART OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT
A SET 1/2" REBAR WHICH IS S87°23'08"E 140.00' FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 25, AND RUNNING THENCE NO2°36'52"E 200.26, TO A FOUND 5/8"
REBAR,
THENCE N41°05'25"W 295.40' TO A SET 1/2" REBAR, THENCE S50"11'36"E 347.00' TO A SET 1/2" REBAR, THENCE
N76°53'14"E 120.00' TO A SET 1/2" REBAR, THENCE N62°44'23"E 485.00' TO A SET 1/2" REBAR, THENCE S65°50'49"E
152.00' TO A SET 1/2" REBAR, THENCE S43°47'11"E 218.00' TO A SET 1/2" REBAR, THENCE S22°32'07"E 153.00' TO A
SET 1/2" REBAR, THENCE S42°07'59"E 188.00' TO A FOUND 1/2" REBAR ON THE SOUTHERLY LINE OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, THENCE ALONG SAID SOUTHERLY LINE
N87°23'08"W 1105.01' TO THE POINT OF BEGINNING. CONTAINING 7.78 ACRES, MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
3825 NORTH SHILOII DRI'\"I? • I'-.A'�"T,:IT.LF. / ARKANSAS • 72703
1)II0 N I? : 479--T43-4506 - T� .A t : 47 9-582- 1 883
PARCEL 765-16854-000
A PART OF LOT 11, VANTAGE SQUARE, UNIT 2, FAYETTEVILLE, ARKANSAS, AS PER PLAT RECORDED AT PLAT BOOK
10, PAGE 79, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A SET IRON PIN FOR THE
NORTHWEST CORNER OF SAID LOT 11, AND RUNNING THENCE S62°O1'20"E 30.00' TO A SET IRON PIN, THENCE
S46°48'14"E 88.24' TO A SET IRON PIN, THENCE S05°12'09"W 179.78' TO A POINT, FROM WHICH A FOUND IRON PIN
BEARS S05°12'09"W 2.56', THENCE S47°01'09"E 351.35' TO A SET IRON PIN, THENCE S71°01'02"E 227.08' TO A SET
IRON PIN, THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51', AN ARC LENGTH OF 308.33', AND
A CHORD BEARING AND DISTANCE OF S60°19'36"W 307.35' TO A FOUND IRON PIN, THENCE WITH A REVERSE CURVE
TO THE LEFT, HAVING A RADIUS OF 59.79', AN ARC LENGTH OF 184.63', AND A CHORD BEARING AND DISTANCE OF
S71°27'02"W 119.54' TO A FOUND IRON PIN, THENCE WITH A REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF
1115.51', AN ARC LENGTH OF 176.24', AND A CHORD BEARING AND DISTANCE OF S79°03'40"W 176.05' TO A FOUND
IRON PIN, THENCE NOO°01'21"W 134.20' TO A SET IRON PIN, THENCE N85°11'22"W 47.35' TO A SET IRON PIN,
THENCE N04°44'48"E 314.86' TO A SET IRON PIN, THENCE S82°51'35"E 94.73' TO A FOUND IRON PIN, THENCE
N05°05'33"E 94.64' TO A FOUND IRON PIN, THENCE N36°46'59"W 143.92' TO A FOUND IRON PIN, THENCE
N04°49'40"E 141.30' TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
BLEW & ASSOCIATES, PA 21 1, v(,I
The Trails On The Creek . PLANNED ZONING D/STRICT / PZD
TABLE OF CONTENTS
OWNERSHIP INFORMATION...........................................................................................................................
SCOPE, NATURE AND INTENT........................................................................................................................
GENERAL PROJECT CONCEPT........................................................................................................................
PROPOSED PLANNING AREAS(PA'S)............................................................................................................
PROPOSED ZONING STANDARDS...................................................................................................................
PLANNING AREAS VS CURRENT ZONING......................................................................................................2
SITE CHARACTERISTICS................................................................................................................................ 4
RECREATION FACILITIES...............................................................................................................................4
PURPOSEOF ZONING CHANGE......................................................................................................................4
RELATION TO SURROUNDING PROPERTIES................................................................................................... 4
COMPLIANCE WITH FAYETTEVILLE'S COMPREHENSIVE LAND USE PLAN...................................................4
TRAFFICSTUDY............................................................................................................................................ 5
IMPACTON CITY SERVICES...........................................................................................................................5
CONCEPTUAL DESCRIPTION OF DEVELOPMENT STANDARDS, CONDITIONS AND REVIEW GUIDELINES...... 5
APPENDICES
APPENDIX A - VICINITY MAP
APPENDIX B - BOUNDARY SURVEYS
APPENDIX C - GENERAL PROJECT CONCEPT
APPENDIX D - BUILDING ELEVATIONS
THE TRAILS ON THE CREEK
PIANNI:Y) ZONING DISTRIC7 (PZD)
OWNERSHIP INFORMATION
The Trails on the Creek Apartments
P.O. Box 13000
1200 E Joyce Blvd 6th Floor
Fayetteville, AR 72703
SCOPE, NATURE.4ND INTENT
The Trails on the Creek is designed around the idea that density, variety, and walkability in a modern development
can be achieved while accentuating natural features and green space. As such, we have divided the 20.8 acres of the
subject site into Three Planning Areas, as listed below, that meet the above stated intent.
GENERAL PROJECT CONCEPT
A General Concept Layout has been included in Appendix C that denotes: The Street Layout; Proposed
Improvements; Buffer Areas; Tree Preservation Areas; Stomt Water Detention Areas / Drainage; Undisturbed Natural
Areas; and Existing / Proposed Utility Connections and Extensions
Dh Pi-.LONtIIiNT AND AR('HI7,1_C77/RAI. DESIGN 57.4NOARDS
Five primary building types will be arranged on the site along with numerous support structures. All five primary
building types shall be constructed of 50% brick / masonry with hardi-lap siding accents.
Legacy Buildings. The "Legacy" buildings are 3 story buildings. The buildings make use of masonry (50%) and
hardi-lap siding with stucco board on its exterior.
Churchill Buildings. The Churchill buildings are 15. 18, 21, and 24-unit building designed with architectural
elements alluding to the "Bungalow" style. The buildings use an entry / egress balcony on the parking lot side and
individual "stacked" balconies on the street side to create vertical visual elements and private outdoor areas. The
buildings are constructed of masonry (50%) and hardi-lap siding with railing that have a "wrought -iron" look.
Ru!CUING ELEVATIONS
Appendix D has the building elevations that are proposed to be used with this project.
PROPOSED PLANNING AREAS (PA'S)
There are three (3) planning areas for The Trails on the Creek:
Planning Area I - Rexidendal Area —consists of the 10.2 acres that are closest to the existing commercial
development and street frontage along the College Avenue Corridor.
Planning Area 2 - Parkland — consists of 4.7 acres of land located along Mud Creek with easy access from Sain
Street that is to be dedicated to the City of Fayetteville.
Planning Area 3 - Tree Preservation — consists of 5.9 acres of mature trees and has been located close to the
neighboring residences that border the subject property.
PROPOSED ZONING STANDARDS
PLANNIN6 AREA l - RFSIM..NTIAI, AuFA
(A) Uses
(1) Permitted Uses.
Unit 1
City wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12b
General Business
Unit 26
Multi -family dwellings
Unit41
Accessory dwellings
(2) Conditional
Uses
Unit 2
City-wide uses by conditional use permit
I'nit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
I Wt 5
Government Facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(B) Density
Units per acre
35 or less
(C) Bulk and Area Regulations
Lot Width Minimum
None
Lot Area Minimum
None
Land Area per Dwelling Unit
N/A
Hillside Overlay District
LotMinimum Width
None
Hillside Overlay District
Lot Area Minimum
None
(D) Setback Requirements
From
A build -to zone that is located between 10 feet and a
line 25 feet from the front property line
Side
Rear
8 feet
8 feet
(E) Height Requirements
Building Height Maximum 4 stories
(F) Building area.
The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy
systems shall not be considered buildings.
(G) Minimum Buildable Street Frontage. 40% of the lot width.
PI.ANNINO ARR.4 ? (PARKI ANp)
(A) Uses
(1) Permitted Uses.
Unit 1 City wide uses by right
Unit 4 Cultural and Recreation Facilities
(2) Conditional Uses. None
(B) Density. None.
(C) Bulk and Area Regulations. None.
(D) Setback Requirements. None.
(E) Height Requirements. None.
(F) Building area. None.
21P.i;
PI.AN,NING AREA 3 (TREE PRESERVA710N)
(A) Uses
(1) Permitted Uses. None
(2) Conditional Uses. None
(B) Density. None.
(C) Bulk and Area Regulations. None.
(D) Setback Requirements. None.
(F.) Height Requirements. None.
(F) Building area. None.
PLANNING AREAS VS CURRENT ZONING
The following section contains charts that allow comparison of the Proposed Planning Areas zoning to the current zoning district requirements:
Planning Area
Permirled Unit I - City wide uses by right
Uses: Unit 8 - Single-family dwellings
Unit 9 - Two-family dwellings
Unit 10 - Three (3) and four (4)
family dwellings
Unit 12b - General Business
Unit 26 - Multi -family dwellings
Unit 41 - Accessory dwellings
Conditional Unit 2 - City-wide uses by
Uses: conditional use permit
Unit 3 - Public protection and
utility facilities
Unit 4 - Cultural and recreational
facilities
Unit 5 - Government Facilities
Unit 12a - Limited business
Unit 24 - Home occupations
Unit 25 - Offices, studios, and
related services
Unit 36 -Wireless
communications facilities
Unit 44 - Cluster Housing
Development
21Pa
Planning Area
2
Unit I - City wide uses by right
Unit 4 - Cultural and recreational
facilities
None
Planning District RSF4
Area 3 Residential Single Family
Four (4) Units per Acre
None Unit 1 - City wide uses by right
Unit 8 - Single-family dwellings
Unit 41 - Accessory dwellings
None
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 9 - Two-family dwellings
Unit 12a - Limited business
Unit 24 - Home occupations
Unit 36 - Wireless communications facilities
Unit 44 - Cluster Housing Development
District C-2
Thoroughfare
Commercial
Unit 1 - City wide uses by right
Unit 4 - Cultural and recreational facilities
Unit 5 - Government Facilities
Unit 13 - Eating Places
Unit 14 - Hotel, motel, and amusement
facilities
Unit 16 - Shopping goods
Unit 17 - Transportation trades and services
Unit 18 - Gasoline service stations and drive-
in/drive through restaurants
Unit 19 - Commercial recreation, small sites
Unit 20 - Commercial recreation, large sites
Unit 25 - Offices, studios, and related
services
Unit 27 - Wholesale bulk petroleum storage
facilities with underground storage tanks
Unit 33 - Adult live entertainment club or bar
Unit 34 - Liquor store
Unit 40 - Sidewalk Cafes
Unit 44 - Cluster Housing Development
Unit 45 - Small scale production
Unit 2 - City-wide uses by conditional use
permit
Unit 3 - Public protection and utility
facilities
Unit 21 - Warehousing and wholesale
Unit 28 - Center for collecting recyclable
materials.
Unit 29 - Dance Halls
Unit 32 - Sexually oriented business
Unit 35 - Outdoor music establishments
Unit 36 - Wireless communications facilities
Unit 38 - Mini -storage units
Unit 42 - Clean technologies
District 1-1
Heavy Commercial
and Light Industrial
Unit I - City wide uses by right
Unit 3 - Public protection and utility
facilities
Unit 4 - Cultural and recreational facilities
Unit 5 - Government Facilities
Unit 13 - Eating Places
Unit 16 - Shopping goods
Unit 17 - Transportation trades and services
Unit 18 - Gasoline service stations and drive-
in/drive through restaurants
Unit 21 - Warehousing and wholesale
Unit 22 - Manufacturing
Unit 25 - Offices, studios, and related
services
Unit 42 - Clean technologies
Ilnit 2 - City-wide uses by conditional use
permit
Ibut 19-Commercial recreation, small sites
Unit 20 - Commercial recreation, large sites
Unit 28 - Center for collecting recyclable
materials.
Unit 36 - Wireless communications facilities
Unit 38 - Mini -storage units
Unit 43 - Animal boarding and training
Planning Area
Planning Area
District RSF4
District C-2
District 1-1
1
2 & 3
Residential Single Family
Thoroughfare
Heavy Commercial
Four (4) Units per Acre
Commercial
and Light Industrial
Density:
(Inks perAcre
35 or less
None
4 or less
None
None
Bulk and Area Regulations:
Lot Width Minimum
None
None
70 feet (Single Family)
None
None
80 feet (Two Family)
Lot Area Minimun
None
None
8,000 sf (Single Family)
None
None
12,000 sf (Two Family)
Land Area per Dwelling Unit
None
None
8,000 sf (Single Family)
None
None
6,000 sf (Two Family)
Hillside Overlay District
None
None
60 feet (Single Family)
None
None
Lot Minimum Width
70 feet (Two Family)
Hillside Overlay District
None
None
8,000 sf (Single Family)
None
None
Lot Area Minimum
12,000 sf (Two Family)
Setback Regulations:
A build -to zone that is located
15 feet
l ronl
between 10 feet and a line 25 feet
15 feet
from the front property line
h'ront, %parking is allowed between the
right-of-way and the building
50 feet
Front, when aJlaining A or R districts
50 feet
h'ronl when a4iotning C, 1, or P districts
-
-
-
_
25 feet
Side
8 feet
5 feet
None
Side, when contiguous to a residential
district
15 feet
_
Side, when adjoining A or R districts
50 feet
Side, when adjoining, C, 1, or P districts
10 feet
lec",
8 feet
15 feet
20 feet
25 feet
Building Height Regulations:
There shall be no maximum height
6 Stories (tf a building exceeds the
limits in 1-1 District, provided,
height of two (2) stories, the portion
however, that if a building exceeds
of the building that exceeds two (2)
the height of two (2) stories, the
stories shall have an additional
portion of the building that exceeds
setback from side boundary line of an
two (2) stories shall have an
Building Height Alaximuni
4 stories
N/A
3 stories
adjacent residential district. The
additional setback from any
amount of additional setback for the
boundary line of an adjacent
portion of the building over two (2)
residential district. The amount of
stories shall be equal to the
additional setback for the portion of
difference between the total height of
the building over two (2) stories shall
that portion of the building, and two
be equal to the difference between
(2) stories.)
the total height of that portion of the
building, and two (2) stories
Planning Area
Planning Area
District RSF-4
1
2 & 3
Residential Single Family
Four (4) Units per Acre
The area occupied by all buildings
None
On any lot the area occupied by all
shall not exceed 501% of the total lot
buildings shall not exceed 40% of the
area. Accessory ground mounted
total area of such lot. Accessory
Building Area solar energy systems shall not be
ground mounted solar energy
considered buildings.
systems shall not be considered
buildings.
Minimum Buildable Street Frontage 40 % of the lot width
None
None
SITE CHARACTERISTICS
This site is characterized by two primary features, the first is the frontage along Mud Creek. Mud Creek is a channelized
drainage way that has re -growth of trees since it was channelized and stabilized in the past. Another feature of Mud
Creek is that it is a FEMA designated Floodplain / Floodway that impacts portions of the subject property. The second
major feature is the wooded hillside with mature trees that will be protected with this development.
RECREATION FACILITIES
Open green spaces will be incorporated through the layout of the development where possible. Pathways in the form
of sidewalks as well as a trail connection among and between selected areas will allow viable and readily available
access to the dedicated parkland located in The Trails on the Creek and ultimately to the planned trail along a tributary
of Mud Creek. The Trails on the Creek tree preservation areas that are located on the western most parcel ofters a
natural setting while providing a buffer to the surrounding residential neighborhoods. A clubhouse is planned to be a
multipurpose area whose permitted uses include cultural and recreation facilities, offices, business center, and
management living quarters.
PURPOSE OF ZONING CHANGE
The zoning changes are critical for this type of development to allow for its unique character and style as current zoning
does not allow for an economically feasible development. The Trails on the Creek zoning change will allow for a
moderate to high density area while highlighting the ability ofthe tenants to have access to outdoor and indoor amenities
not often found in multifamily developments. As well as being attainable for working people, it has amenities such as
the park area, access to a complete trail system, pool, and workout facilities. P7D zoning will allow more coordinated
development to take place, making it possible to create a livable, walk -able, community, which would not be possible
with traditional zoning
RELATION TO SURROUNDING PROPERTIES
The Planning Area that is being proposed for The Trails at the Creek development offers a smooth transition from the
neighboring zonings and building requirements. The areas along the southwestern end of the property are adjacent to
the neighboring residential subdivisions which are zoned RSF-4. The undeveloped areas will offer a natural setting for
park atmosphere and will allow for a seamless transition from the existing single-family subdivision to The Trails at the
Creek development. The site's tree preservation area, as an added benefit, borders almost all the neighboring property
boundaries acting as an additional buffer area. The relationship with the commercial neighbors to the west should be
a symbiotic relationship whereby tenants can walk to Panera Bread or San Miguel's for meals, or to the Bike Route for
help with their bicycle, while employees of these nearby business can live within a walking distance of work.
411'a!
District C-2
District 1-1
Thoroughfare
Heavy Commercial
Commercial
and Light Industrial
On any lot, the area occupied by all
None
buildings shall not exceed 601,o of the
total area of such lot. Accessory
ground mounted solar enerlry
systems shall not be considered
buildings
50' of the lot width
None
COMPLIANCE WITH FAYETTEVILLE'S COMPREHENSIp w LAND USE PLAN
The following are the City of Fayetteville's City Plan 2040 Goals:
• We will make appropriate inlill and revitalization our highest priorities: encouraging the development or
redevelopment of vacant, mostly vacant, and underdeveloped property.
• We will discourage .suburban sprawl.
• We will make traditional sown form the statuiard. with neighborhoods that include nwt just houses, hilt a mix
cif uses that call adapt over time and allow residents in live, work, and play without relying on vehicles.
• We will grow a livable transportation network.
• We will assemble an enduring green network.
• We will create opportunioies for attainable !rousing.
The Trails on the Creek development meets these goals by developing a portion of vacant land that is surrounded by
developed property thereby infilling said property. This property is situated on Sain Street near the College Avenue
Corridor. With the proposed expansion to Sain Street, this development creates an opportunity for future residents
walkable access to grocery stores via the trail system (a 21 minute walk to the Walmart on Mall Avenue and Joyce
Boulevard, to multiple restaurants (Olive Garden, Noodles Italian Kitchen, Panera Bread, San Miguel Mexican Grill,
... ), access to child care (La Petite Academy), access to the University of Arkansas Uptown Campus West, and access
to multiple employment opportunities. Additionally with the dedication of parkland to the City of Fayetteville and the
dedication of an area of tree preservation, this development will add to the enduring green network. Finally, the
additional density for the subject property allows for opportunities for attainable housing along the proposed Sain
Street.
The future land use map designates the area of development as Urban Center. Per the City Plan 2040:
Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest
and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including
large-scale stores, hotels, cleat tech industry and entertainment uses These areas are typtlied by their location
adjacent to niajor thoroughfares with high visihtho-, usually automohile-dependent customers and large areas
dedicated to parking. Although Urban Center Areas recognize the conventional big -box and strip retail centers
developed along major arterials, it is expected that vacant properties will he developed into traditional mixed -use
centers, allowing people to live, work and .shop in the same areas. Additionally, in Jill gl'existing development centers
should he strongly encouraged, since there is greater return for properties already served by public infrastructure.
According to this definition, the proposed zoning allows for Multi -Family Residential as well as General Business
thereby meeting the Urban Center Area designation as defined above.
The 71B Corridor Plan contains the following recommendations for the Mall / Uptown: Millsap to City Limits area in
which this property appears to fall:
• Implement major Inthlic (federal, state, and local) investments in transportalton to improve access, salety,
and the consumer experience in this area.
• Establish new regulatory anal design guides to incorporale .some q(ihe.leautres q(newer "hle-s(vle" centers
into this huill environment including street definition; redesigned and upgraded parking with enhancements
such as internal streets, parking blocks, and shade; and articulation and detail gjhuddings to provide human
scale,
• P ncourage integration of mullifamtiv development and mixed use development.
While this property is not specifically denoted in the plan, the proposed zoning allows for multifamily and mixed use
development while making use of the proposed improvements to Sain Street and connection to Vantage Drive to give
access to the City Transportation Corridor and Trail System. The proposed zoning also provides enhancements in the
form of internal streets, parking blocks, and shade.
TRAFFICUTUDY
A traffic study was prepared for the original Trails at Mud Creek Apartment proposal by Peters & Associates. The
traffic study will be updated based on the proposed development and will be provided for City review at the time of
development.
IMPACT ON CITY SERVICES
WATFR AND SFWFR
The development will connect to the existing 8" or 16" water main that runs along N. Front Street and the existing 8"
sewer main on Sain Street. The Trails at the Creek will work with the City of Fayetteville to make the proper
connections to existing infrastructure as requested by the City.
ROADS
The Trails on the Creek was designed to have access from Sain Street and with the proposed City Improvements would
also have access to N. Vantage Drive. At this time, the City is considering a possible Roundabout on Sain Street
adjacent to the property that will provide access to Millsap Road. These improvements will impact traffic on Sain Street
and, in the event the roundabout is installed, may also impact traffic on Millsap Road. Improvements to Sain Street are
being made by the City of Fayetteville to create a connection between the current dead end of Sain Street to the current
dead end of N Vantage Drive. A bridge across Mud Creek will be installed as part of this connection. A traffic study
will be conducted to determine any need improvements required for the development. The Trails on the Creek is
providing a connection to the South for a second access point for the Christian Life Cathedral Church using a private
drive with a public access easement.
FIR£ .41VD POLICE
The Trails on the Creek was designed to have access from Sain Street and with City Improvements, the development
would have access to N. Vantage Drive with a possible Roundabout that will provide access to Millsap Road. This
will allow the entire development easily accessible by both fire and police. The Trails on the Creek will be served by
the Fayetteville Fire Department. Station 4 is located at 3385 N. Plainview Avenue which is 0.5 miles from this
development, Station 5 is located at 2979 N. Crossover Road which is 1.45 miles from this development. Fayetteville
police will serve the area as it currently does.
511'e_
SOIID WASTE.
Solid waste will be provided for by the City of Fayetteville. Dumpsters will be placed throughout the development so
and will comply with the recommendations by the City of Fayetteville's Solid Waste Division.
.STORNI SAW1,1?
Storm Sewer will be collected on site and release in accordance with Fayetteville's Code.
CONCEPTUAL DESCRIPTION OFDEVELOPMENTST.ANDARDS, CONDITIONSAND
REVIEW GUIDELINES
SCRl{h'NING AND LANNSCAPING
The screening and landscaping will be provided as set forth in the Unified Development Code. Any modification
shall be approved by the Planning Commission.
TRAPI WAND C IRCUL.4170N.
Adequacy, circulation, design, coordination, and provisions will be accordance with the Unified Development Code
and the Arkansas Fire Prevention Code.
PARKING .STANDARDS
The parking standards found in Chapter 172 Parking and Loading shall be used as general guidelines to establish
parking and loading standards for The Trails on the Creek Master Plan. Any deviation from these established
standards shall be approved by the Planning Commission, as permitted.
PP. RINIF7FR TIM.47'MI.NT
All uses of land or structures will meet the open space, buffer, or green strip provisions of the Unified Development
Code.
SIDFIVALKS
Sidewalks will be designed and constructed in accordance with the Master Street Plan, Section 171 of the Unified
Development Code, and the requirements of the Fair Housing Act (FHA) and to the extent applicable, the Americans
with Disabilities Act (ADA)
STRF,l 77,1riiI7'.1'.
Streetlights will be designed and constructed in accordance with the Unified Development Code.
H'ATFR.
Water lines will be designed and constructed in accordance with the City of Fayetteville's Water and Sewer
Specifications.
SIiWF'R.
Sewer lines will be designed and constructed in accordance with the City of Fayetteville's Water and Sewer
Specifications.
S7RFF.TSANII DR.4/N.4(iF.
Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the
Master Street Plan. Sain Street is underdevelopment by the City of Fayetteville. All streets located with the PZD are
planned to be private streets that will connect to Sam Street and will comply with the Access Management Standards
of the Unified Development Code.
CONSIRLCIION oi. NONRI-YIDRNT1.41. FA('l1.ITN:S.
A clubhouse and pool will be provided as shown on the master development plan to provide recreation facilities for
the community.
TRl':1': PRI,SERVATION.
Tree preservation will be designed in accordance with Section 167 of the Unified Development Code. Tree
Preservation areas have been located to buffer the existing single-family residences from the development.
Development will occur in the areas with reduced tree impact as shown on the Master Plan Concept.
ARCHITECTURAL Di..smN 57'ANOARDS
Building design standards shall be in accordance with the architectural design standards and building elevations
presented in this booklet.
SI(7NA(1I'.
All sibmage in Planning Area 1 will be permitted in accordance with the requirements set forth by Chapter 174
Signage ofthe Unified Development Code. No pole / pylon signs shall be permitted with The Trails on the Creek.
VILIV PR(17LCTION
No existing views will be affected. Buildings have been brought closer to the public streets and parking lots are
positioned behind the buildings helping to achieve the view of a true streetscape. Also, the proposed buildings
alternate, and are mixed up so you have a variety of looks as you travel down the street.
COVENANTS, TRUSTS, ANN HOMFO9WFR A.S'.S'(1(VATION.S'
The owner will undertake the responsibility of maintaining areas of The Trails on the Creek not owned by the City of
Fayetteville. No separate convents, trusts or associations will be necessary.
61Pa-,
APPENDIX A
VICINITY MAP
94 095 -
096 R 0—\ I 097 — I — — — R A
C-2 Z2� 11 1T _ + nos
RMF-12 - —I 4R-A
E. " L -'
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I C2 I F:Mr40
134 I / 135 K-0 \ �t
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C-2 RMF-, j I A R-A
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(High _
/ 173 Activity C-2 � ^- RMF-24 �
C-2 Y I _`- ` I R-A
C-2 114 K-0 R-0 I 176 \ I 1
u I I 175 E. Jo cc Blvd R�
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CI\'U. ENC;LNEERS & LAND St'RVEYORS
Project Number:
19-3732
VICINITY MAP
Scale: 1" = 1,500'-0"
Certificate of Authorization N 1534 Date: 08/17i 'u u
nsas 72703 •479.443.4506 Office • 479.582.1883 Fax
APPENDIX B
Bo UA'hd RY SURVP YS
I
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STATES
BASIS OF BEARING
ARKANSAS STATE PLANE. NORTH ZONE. NAO 83
CONVERGFNCF ANGI E •-1'f1'I0.1T1JB'
DISTANCFS SHOWN ON PLAT —GRID
COMBINED SCALE FAC(OR IGRID TO GROUND) • f.0000T81111d
UNi1/UE JB'csg'S)79055'
(ONGI MK' .g1'OS'f 912B52'
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a 700 2.
I INCH • OM FF"
PLAT OF SURVEY
BRpbKNA ��N SQL)ARe PNASE 3
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2,1 27 b9 I 114
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ARIANSASBEINGAPARTOFTNFWESTHALFOFTN'ESOUMWESTWAMRt)FSECT 25.IOWNSMPt7NORM.
FLA EJDWEST WASHINGTONCOUNTY,ARIU S.BEINGMOVEPARTICUURLYDESCRIOEDASFOLLOWS.T—T
BEGINNING AT A SET IRON PIN WHICH IS W2'32'Sc1YBT9.M AND SN'SJ'A5E 190 T1FROM TFIF NORTNWFST CORNER
OF SAID SOUTIM'ESTOUARMR OF SFCPON 25. AND RUNNING MENCE SBB'53'15F 12.M' M A SFT IRON PIN.
MENCE W2.57Y5•W 1M 30' TO A SFTIRON RN. MENCE N28'M'15'E u M' TO A SETIRON RN. MFNCF NM'38'15E
223. f0' TO A SET IRON PIN. THENCE N11.35'47E 29509' TO A SET IRON RN, THENCE S8]'2J'OB£ 18OS' TO AFWND IRON
PIN. THENCE S —OT7lY B]e 9]' TO A FOUND IRON PIN THENCE SLI2 '1S W 913.39' TO A FOUND IRON R'N. THENCE
W2'425Y5f55 rOAFOUNOIRONRNTHENCEN87-07'52Wl621'TOASETIRONRN.THFNCFM32'W4541f1328'
TO APOINT FROMWHICN FOUND NAIL IN A FENCE CORNER FOST BEARS S55'15YSlY0.AJ'. THENCE NB8.53N5'W 11—
TO A FOUND NK)N PIN. THFNCF-7'11'53-E 310. Ii0' TO THE PORT OF BEGINNING CONTAINING 2 20 ACRES MORE OR
LESS. SUB.IECr TO EASFMFNTS ANO RIGITTS{ IOIOAY OF RECORD
SIA1F RECORMNG NUMBER.
sca r M.3awazs 300. 7z-+s]z
COLTR FTFO FIFIOWORK
APan w 75tn
THE LOCATION OF UPLITIES SHOWN HEREON ARL
FROM OBSERVED EVIDENCE OF ABOVE GROUND
APPURIFNANCFS ONLY MF SLIRVFYOR WAS NOT
FROVIf>EOWITH UNOFRC•TMIINO BANS OR
SURFAF.E C°Rd/ND MARKINGS 10 MrERMWE THE
LOCATION OF ANY SlIBIFRRANFAN IISFS
BEFCRF MGGING IN rNIs A— CM I OAP.. l."
B11 FORFIELD LOCATIONS1NEd/ES!F LINES LINES IIN>
MARKINGS) OF UNDERGROUND "IV'"IV'
CURRENT ]ONING'
RSF-1. RES DENTIAL SINGLE.FIMILY.1 UNITS / 4f.RE
BUILDING SETBACKS.
fRONI 15'
SIOE 5'
CONTACT.
CITYOF FAYFTTFVIIL F R ANNINU DIVISION
125 W
DEVNT MOUT SERVICES RUIN DING
AIN STREET
FAYETTEVIL TEVIIIE. AN T2Tnl
PFgNE 1>B 575.826]
FAX Ans7sezoz
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REFERENCE 00C.LIMENTS
I. MI —PITY MM FII FD IN OEEO BOOK 2017AT PAGE 35M
2 SUBMVISION RATFAFOINRATBOON7ATPAGE31.
J SULYNVLSION RAT FOLED )N RA T BOOK 2]A Ar PAGE M
A SOW' ISroN R AT Fe ED IN RAT BOOK 13 AT PAGE M
5. SUBDIVISION R AT FIL FD INFLATBOOK 9 ATFAGE W
SOMF FFAMRFS SHOWN ON MIS PLAT MAY BE SNOWMOUTOF SGLE FORCURIN
DIMENSIONS ON THIS RAT ARE EXPRESSED IN FEET ANO DECBUll PARTS THEREOF
UNLESSOTHERMSENDTED MONUMENTSWERE—ATPoINTSwMERE
TNT ,FO
BY GRAPHIC R OTPNG OMY NO PORTION OF MIS PROPERTY IS IN ZONE A' 00 •AE'
OF IMF FLOOD INSINUNC.E RATE MAF COJIAAUNII PANEL NO OSI.C.ItOF. WHICH
BFARS AN FFFFCIIVE M IF OF BYr (UIT AND IS NOT IN A SPECIAL FLOOD F4I2ARO
AREA
EXCFPT AS SPFCIFICAt I Y STATED OR SHOWN ON MIS RAT THIS SURVEY ODES NOT
PURPORT TO REFLECT OF ANY OF THE FOLLOWING WHICH MAYBE APPLICABLE TO
THE SI/B3ECr PROPERTY EASEMENTS. OTHER THAN POSSIBLE EASEMENTS WHICH
WERE VISIBIFATTHEPMFOF SIMVEY RESrRICTNE COVENANTS: SUWO S—
RFSTRIC.IMNS OROTHER LAND USE REGUUTIONS ANO ANY OTHER FACTS WHICH
AN ACCURATE TIME SEARCH MAYDISCLOSE.
S�Mt.
LINE
RFARING
DISTANCE
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I-13Y5'E
It 30'
L1 a
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1y3732
SECTION". rOWNSHM f7 NORTH. RANGE 30 WEST
LINDSEY IS ASSOCIATES
,r
PLAT OF SURVEY
`v Vrenorrm Preyemr ILL-P9 >ol�
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COMPLETED FIELD WORN:
OCTOBER 4. M19
REFERENCEWCUMENTS:
I WARRANTY DEEDFILED IN DEEO BOOK I., A
PAGE1e59
2 WAHRANlYOEED FILED IN OFFO flWK 9>AT PAGE 80
3 SUBDIVISION PLAT FILES IN R AT ROOK 10 AT PAGE 10.
A SUBDIVISION PLAT FILED IN R AT ROOT( 10 AT PAGE N
5 SUBDIVISION PLAT FILED W PLAT BOON IJ AT PAGE M
B. SUBDIVISION RAT FILED IN R At RO(W 6 ATPAGE S55
1 EASEMENT OEED FOED IN DEED ROOX 94 AT PAGE 011)48
S RIGHT OIW—GNANT FILEDW DEED BOON M ATPAGE 1.
9. RIGHT OFWAYGRANR FILED IN DEED BOOK )49 AT PAGE 383.
THE LOGTION OF UTILITIES SNOWTI HEREON ARE
10 RIGRrO MYGRANTFIIFDWN FDROOXl41ATPAGE442.
FROMORSFRVEDFVIDENCEOFABOVEGROUND
SHOWN ON MISRAT MAYBE SNOWTI WiOF SCALE
S
APPURTENANCEONLY THE SURVEYOR WAS NOT
PROVIDED WITH UNDERGRWNOPLANSOR
FORCLANTURES
FOR LlAR1iY
SURFACE GROUND MARKINGS TO DETERMINE THE
DIMENSIONS THIS RA TARE EXPRESSED IN FEET ANDDECIMAL
LO..A LION OF ANY SUBTERRANEAN USES.
PARTS O FRWISF NOTED MONUMENTS WERE
BEFORE IN
A T POINFUNI ENEINOSS
FOUND AI POINTS WHERE INDIC,A IEU
FD—ING
811 FOR FIEIOI M:ATIONS (REDDEST FOR GRUIIIro
.1.I—IIONA(R (REQUEST RGROU
BYOR'AE' HOTTINGONLY.APACFRATFRKS PROPERTYISINZONE
4ARl(INGS) QF UNDERGROUND UTILITY LINES
-A' OR'Af'OFTHE FLOOD INSURANCE PLOMMUNITYPANFL
NO 05143CO210F. OOD R REARS AN FFFFf,OVE DATE OFOYfBROW ANp
TIYE
IS INA SPECIAL FLOW ILIURD MEA
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E C PTASISPECIFICALLVSTATEDONSHOMILINTHISPIA!. THIS
8
SURVEY DOES NOT PURPORT TO RFFtFI FCT OF ANYOFTHE FOLLOLLO WING
—MAYS SSIBLEEA MTHESUBJECTPROPERTY'EAT THE TIS,
OTHER THAN POSSIBLE EASEMENTS WNK:H WERE VISIBLE AT THE TIME
OESIMVEY NS OR
AMA
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OTHER TEtUSEREGUTARONS:AHD ANYOiNER FACTS WHICH AN
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CURRENT ZOIIING:
RAIF-11. WSIDFNTIAI MUI TI.FAMILY"TWENTYFQUR
(24) UNITS PER ACRE
BUILDING SETBACKS'
FRONT -15'— O-TD ZONE
SIOEOTHFR USES - B'
SIDE SNJGI F e TWO (2J FAMtl V - 5'
REAR OTHER USES - 20'
REM SING! f FAMp Y-5'
CONTACT'
CITY OF FAVETTEVILLE PLANNING DIVISION
DEVFI OPMFNT SERVICES BUILDING
1. W MOUNTAIN STREET
FAYEITFYIII E. MT2)01
PMAAE: 4I9.515.8267
FAX470 6158202
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST
WARIER OF SECTION 25 AND APART OF THE SOU FREAST
QUARTER OF THE NORTHEAST WAR TER (IF SECTION M. ALL IN
TOWNSHIP 1) NORTH. RANGE 30 WEST WASIIINGTON COUNTY
ARKANSAS. BEING MORE PARTICULAR! YOFSYRIBFO AS FOL I DWS.
TO"QUIT: BEGINNING AT A SET W NEBARWNIC.H IS SBr23WT
140. W' FMXATHE SW NNIFST CORNER (W INF SW IMVFS!
QUARTEROF THE NORTRWESTWARTFR OF SARI SECTION 25. AMI
RUNNING FRENCE NO2'M— 2W. M' TO A FWND SIB' RERAN.
THENCE NII-10'351 "5.T3' TO A SET iR-RFRAR. THENCE
S50' 18V2'E 34T W' TO A SET 1R' REARR THFNCF N)e'ST14E 1MW'
TO A SET IR-REIN. THENCE N82'H'23E 4BSW' TOASET IR-
NEBAR. THENCE SB550'19'E 152 W' !O A SET 1R-REBAR. INENC£
S43'Ir1IT 218 W' TO A SET 1R-REBAR. THENCE S22`3—T IS3. W'
TO A SET IR-PEBAR, THENCE S42.0T'59E IN W'TO A FOUND IR'
REBAN ON THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SFCTION M. THFWF Al ONG
SAID SOUTHERL YLINE N87'23M'W 11030f'TO "POINT OF
BEGINNING CONTAINING T 78 ACRES, MORE OR LESS SOBIECT TO
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1-112
SECTION 156 M. TOWNSHP 1T NORTH. RANGE JO MESi
y VANTAGE SQUARE A JOINT VENTURE
BASIS OF REA.—
ARKANSASSTATEPLANE. NORTH ZONE. MAD B3
CONVERGENCE ANGLE •.1'f1'181`—
DISTANCES SHOWN ON PI AT ARE GRIO
LO M'D SULE FA" IOMO rc1Rr0 IINDI • 1 W W TI15519
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FRONT 15'
lMN1 WITH PARKING BETWEEN RIGHT Of -WAY AND BULLNNf. a5'
SIDE NONE
SIDE WHEN CON, OQWU510 A RESIDENDAL DISTRICT- 15'
REAR a0'
URBAN FORM SFTBACKS-
FRONT III TO 25 SO TO ZONE
SIDE AND REAR NUNS
SI ORRFA..WHENCONOGVWSTOASINGLE-FAABLYRFSIA INSTRICT.15'
CONTACT
CITY OF FAVEREV/LLE PLANNING NVISIOI9
12fl OWLENT SERVICES RUILNNG
NSIREET
F- MWNF-A-701
YFlTFVIL LE, AN )TI01
PHONE — 515)
IUIXI
FAX' IA5]S.BMa
STA1E RECORNNG NUMBER:
5W-rTx-30waao-fao-n-rsTz
cowN ETFn MELD woa3L
OLrnBER 1. zn19
RFFFRFNCF NILLWEN.
WARRANTYDEED FILED IN GEED BOOK M17 ATPAGE 19625
a SIJBNVFUGN PLAT FILED IN PLAT BONE 9AT PAGE 13.
3 WARRANTY DEED FBED IN GEED BODK z011 Ar-11680
1. WARRANTVDEED FILED IN DEED BOOT( 9LATFAGE 47ex
5 WARRANT YDEEDFILEDINDEEDBIXI—ATPAGE9aa9.
e LOT SEI.IT FILED IN P1.ATORAIVER 3AT PAGE a11.
T CITY OF FAYFTTE✓ILLE ORDINANCE 2883 FILED IN DEED BOOK 1071 AT PAGE 930
aISIONPUTFILEOINPLATBOOK1OATPAGE79
SOME FEATURES SHOWN ON THIS PUT MAY BE SHOWN OUT OF SCALE FOR LURITV
OWENSIONS ON DNS PLA T ARE EXPHESSED IN FEETAND DECWAL PARTS THEREOF
UM ESS OTHERWISE NOTED MONUMENTSWEREFQUWATPNNTSWHFRFINDICATED
FLOODIHIC PIOEFU ONLY APORTIONOF N PROPERTYISIN)ONF'A•ORRSAN THE
FLOOD INSURANCE HATE MAP COMMUNITY PANEL NO. OSr NA7ARY WFA BEARS AH
FFFFCOVF DATE OF OY1R3W8 AND IS IN A SPECIAL FLOOD HA)ARL1 aRFA.
EXCEPTAs SFECIFM tvsTATEDORBROWNONT sI r.THISSURVEYDOESNOT
WRP(XLT TO REFLECT OF ANYOF THE FOLLOWING WHICH MAY BE APRICABLE TO THE
VISOSUBJECTPRIWFR F EASEMENTS.OTHERTHANPOSSIBLE EASEMENTS WH S WERE
ONO F ATTHF TIME OF SURVEY S AND ANY LOVENANIS: SIIBNVAN A RESTRICTIONS
sE OTHER I ANLT USE HEf.ULA nONS AND ANY OTHER FACTSWNIf.N AN Aff.URAlE TITLE
SEARf.N MAY NSCLOSt
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APART OF LOT 11, VANTAGE SQUARE, UNITa.FAYETTEVILLF.ARI US.ASPERPLATREC(MDEDATPUTBfXJtf 10.
PAGE 79. ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND I-OFFICIO RECORDER OF WASNINGTON f.WNTY.
ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO -WIT -BEGINNING AT A SFT IRON PIN FOR THE
NORTHWEST CORNEk OF SAID LOT IC AND RUNNING THENCE S83'01'a9'E Jl). W' TO A SET IRON PIN, THENCE S16'18.11E
N N' TO A SET IRON PIN. THENCE SOS-1a'W'W I N ]8' !O A PoINi FHLMI WHH:H AFOIMD IRON PIN BEARS SIIS'1aTNW
2 56'. THENCE SI)•OIWT 35135' TO A SET IRON PIN. THENCE ST1.OI V27 a 7 W' N A SErIRON PIN. DIFNCFWTTH A
f.URVETOTHERIf l.IIAVINGARADIUSOF111551', ANARCLENGTHOFAT6.33'. ANDACHORDBEARINOA GsrANf.E
DES— 9'38W.RI].J5 TO A FOUND IRON PIN. THENCE WITH AREVERSE CURVE TO !HE LEFT. HAVING A RADIUS Of
%A'.ANARCLFWG OEIB1.63'.ANDACHORDBEARINGANDNSTANCEOFS)1•a)naWI19 SL' TO A EOUND IRON AN.
THENCE IMTHA REVERSE CURVE TO THE RIGHT. HAVING ARADIUS OF 1115.51'. AN ARC LENGTH OF 175 N' AND A
f.MORDBEARINGANDDISTANCEOFSM'03'10' I7605' FOAFOUNDIRONFIN, THENCENW'0121W13r M' TOASET
IRON PIN. THFNCF N85'112—I).35- TO A SET IRON PIN. THENCE NOIVI'IB•E 311 W' TO A SFT IRON FIN. THENCE
S82'51'357 91. 73' TO A FOUND IRON PIN, THENCE N05-05'33E 9161' TO A FOUND IRON PIN, THFNCF N3B•16'59 W IIJ 9a'
TO AFDUND IRON PIN. THENCE N01'19'10•E 111.30' TO THE POINT OF BEGINNING. CONTAINING 1W ACRES MORE OR
LFSS SU FCTTOEASEMENTSANDRIGHTS-0FWYOFRECORD
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
CI
111551'
30633'
JO]JS'
SW1936-W
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59 M'
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AIL4STEA DE VELOPMENT PLAN For:
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East Sain Street
Fayetteville, Arkansas
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Additional Information from Park Staff on Park Land Dedication for The Trails at
the Creek Apartments
October 15, 2020
Thru: Connie Edmonston, Parks Director
From: Ted Jack, Park Planning Superintendent
Dear Mayor and Commissioners:
Park Staff and PRAB are in support of accepting the park land as proposed in the
updated map by the developer for the Trails on the Creek Apartments. The main
reasons include:
1. This new park land adds to 20 acers of existing park land that is part of
the Mud Creek Corridor. The Mud Creek Corridor is a significant corridor in the
city.
2. Preserves a notable natural area, which citizens want in their park
system, in a part of the city that is becoming very developed.
3. With some proposed trail connections the park space is more accessible.
4. Parks very similar to this exist in the city and are successful providing
many environmental and recreational benefits.
One concern expressed at the Planning Commission was that there were no
"front doors" fronting on the park which could provide natural surveillance on the
park. This concept is part of a design philosophy called Crime Prevention Through
Environmental Design (CPTED) and while it does have merit, how it is applied
varies by park types. We see this park adding on to the Mud Creek Corridor which
has a conservation function in the city, which means most of it would remain in a
natural state as opposed to a developed mowed landscape.
Conservation parks are common in cities and very common and successful in
Fayetteville, providing recreation and other ecosystem benefits. Some examples
are Brooks Hummel Conservation Area which is surrounded by residential with
only back yards fronting most of the park, along with portions of the Scull Creek
Trail, sections of Hamestring Creek, Clabber Creek, swathes of Lake Fayetteville,
and areas of Red Oak, Bundrick, and Bryce Davis Parks. In fact, Citizens supported
Brooks Hummel Conservation Area so strongly that they contributed significantly
to a fund-raising project to help pay for the park. Sequoya Woods is another
successful park that does not have "natural surveillance" as discussed in the
Planning Commission meeting. In regard to CPTED, what should be understood is
that how CPTED is applied to a park depends on the type of park. An urban high
use park is going to put more emphasis on CPTED principals then a conservation
park. Having homes and business front onto a park is a desired condition, but not
a prerequisite for success in many park types. Larger parks with greater widths,
varying topography, and depth preclude views into much of the park. An example
of a park with "front doors" around the park is the well -loved Central Park in New
York. In the center of the park there is an area called the Ramble that is a wooded
area. People enjoying the woods cannot be seen from the edge of the park. These
woods were part of the original 1857 master plan by Olmsted and Vaux and
continue to be a functioning area of the park, which means that through many
generations, changes in culture, and swings in crime rates, the Ramble has proven
its worth and has not been repurposed.
Below are some of the slides viewed at the Planning Commission that provide
additional information. We hope that you will approve what will be a great
addition to the Mud Creek Corridor providing and protecting a natural area for
generations to come.
The Trails on the Creek Apartments
Park Land Dedication
PRAB June 1, 2020
(Formally Trails at Mud Creek)
Planning Commission
',_ October 12, 2020
10/15/2020
Major Park Types in Fayetteville
• Regional Parks
• Community -.Parks
�• Neighborhood Parks��
•1 ,
This park land is well suited to
add on to the existing Mud Creek
park land and strengthen the
conservation corridor. It can also
serve in a minimal way as a
neighborhood park providing low
impact things such as picnicking.
3
The graph below is from results from one of our surveys in Phase One of the Park Strategic Planning efforts
carried out in 2018. In this question and others the people of Fayetteville voiced their strong desire for their
parks to provide opportunities for contact with nature and for parks to help people live an active living lifestyle.
Research is clear that these types of amenities have strong impacts on peoples health, both mental and
physical.
Values to Consider in Making Planning Decisions
All Paper Surveys - Prioritized (Top 4)
Create/maintain natural spaces in the city
Help people live a healthier lifestyle
Include the public in planning Nature &
Distribute resources equally
Active Living
Create/maintain flower beds and trees
Increase the quality of facilities in the parks
Focus on all citizens even if subsidized
Cover all or most of program costs
Children more than adults
Programs and facilities with tourism benefit fi
Other 1
4
2
10/15/2020
r`
Fay Jon,,4$ Woods
Brooks Hummel
Similar Parks in the City
Clabber Creek
5
0
Note that only Fay Jones Woods in these
examples could be considered as having
problems. Those problems should diminish
as the land is enhanced. If problems occur
there is an ability to respond.
Mount sequoyah Woods
MOUY1
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10/15/2020
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10/15/2020
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13
Recap
• This park fits into the Conservation park genera, with some use as a
neighborhood park.
• This land will strengthen the Mud Creek Conservation Corridor, providing
the largest wooded area in this area of the city, which has ecosystem
benefits, strengthens the Enduring Green Network, and this park type is
common and successful in Fayetteville and other park systems.
• This park is in line with what the people of Fayetteville have told us they
want in their park system supporting contact with nature and an active
living lifestyle.
• The southern trail connection is extremely important part of this project for
access to the park and to Mud Creek Trail for many residents to the south.
This trail connection, passing through the edge of the park, will help keep
frequent eyes on the park. We ask that the inclusion of the trail concept is
a written part of this project moving forward.
14
7
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING: October 12, 2020 (Updated with Planning Commission Results)
SUBJECT: RPZD 2020-000001: Residential Planned Zoning District (EAST OF E. SAIN
ST./THE TRAILS ON THE CREEK, 174/175): Submitted by BLEW &
ASSOCIATES, INC. for properties located EAST OF E. SAIN ST. The properties
are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE,
RESIDENTIAL MULTI -FAMILY, 24 UNITS PRE ACRE, , C-2, THOROUGHFARE
COMMERCIAL, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain
approximately 20.77 acres. The request is to rezone the property to RPZD to
include 321 multi -family units with associated parking.
RECOMMENDATION:
Staff recommends tabling R-PZD-2020-000001.
RECOMMENDED MOTION:
"I move to table R-PZD-2020-000001."
SEPTEMBER 28, 2020 PLANNING COMMISSION MEETING:
On September 28th, the Planning Commission tabled the item pending additional
information to guide their decision. The Commission requested the following:
• Parkland: At the October 12, 2020 Planning Commission meeting, Parks and
Recreation Department staff will be making presentation at the Planning
Commission meeting regarding the proposed parkland and its potential function or
programming.
Community Rating System: Fayetteville participates in the Community Rating
System for National Flood Insurance. Fayetteville's current class is an eight.
Generally, open space is only used for determining credits for the program when it
is City -owned or development is restricted by conservation easement or other
mechanism. Based on Planning staff's understanding, Fayetteville is eligible to
accrue more credits. Engineering Division staff is prepared to speak to this matter
at Agenda Session and the Planning Commission meeting as needed.
Crime Prevention through Environmental Design (CPTED): Planning staff has
requested comment from the Fayetteville Police Department. This has not been
received to date.
Revisions to the proposal are included in the attached exhibits and include a revision to
Planning Area sizes and locations, the addition of a curb cut on the north side of Sain
Street's extension, and removal of the southern east -west driveway.
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 1 of 47
BACKGROUND:
The subject property is located in north Fayetteville, beyond the eastern dead-end of Sain Street,
south of Mud Creek, and west of Butterfield Trail Village. One of the parcels is a particularly
unusual shape, extending approximately 2,000 feet south from the other parcels to Stubblefield
Road and ranging in width from 10 to 100 feet. Staff research indicates this was formerly
Summerhill POA property for which tax payments lapsed and it was sold at auction. Although all
parcels remain undeveloped, their residential, commercial, and industrial zoning designations can
be traced back to Fayetteville's adoption of zoning in the 1970s. The eastern and southern
portions of the main site are characterized by steep slopes down to Mud Creek and its floodplain
to the north, and up to Brookhaven Estates and Christian Life Cathedral to the south. A relatively
level area is found between these two grades and across the remainder of the property. Despite
the terrain, no portion of the property falls within the Hillside -Hilltop Overlay district.
In 2019, a proposal to rezone the property to CS, Community Services, was forwarded by the
Planning Commission but withdrawn by the applicant to allow time to work with neighbors.
Subsequently, a large scale development was submitted for the property for 180 multi -family units,
but this was also withdrawn to allow time to address Commission and neighbor comment. Most
recently, a concept plat was presented to the Planning Commission in June of 2020.
In 2021 construction is anticipated to begin on the Sain Street extension, which will include the
connection of Sain Street with Vantage Drive, bisecting the subject property and crossing Mud
Creek. Surrounding land use and zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped,
C-2, Thoroughfare Commercial,
Mud Creek Trail
P-1, Institutional
South
Church,
P-1, Institutional;
Single-family Residential;
RSF-4, Residential Single-family, 4 Units per Acre
East
Mud Creek Trail;
P-1, Institutional;
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
West
Varied Commercial;
C-2, Thoroughfare Commercial
UA Uptown Campus
1-1, Heavy Commercial and Light Industrial,
Proposal: The proposal is to rezone the property to a planned zoning district (PZD) for multi -family
development, preservation of sensitive natural area, and parkland dedication. Three planning
areas are proposed, with their relative locations and intended development are described below:
• Planning Area 1- 9.6 acres (changed from 12.0 acres): Including just over half of the
property, Planning Area one is intended for multi -family development at a density of 35
units per acre or less, with a potential for approximately 420 units. Zoning allowance is
made for small-scale nonresidential uses and other residential building types.
• Planning Area 2 — 4.4 acres (changed from 3.4 acres): Located along the southern and
central portions of the property, along Mud Creek and existing City of Fayetteville
parkland. Planning Area 2 is intended as parkland dedication in associated with residential
development.
Planning Area 3 — 6.8 acres (changed from 5.3 acres): Includes area of steep terrain
and mature trees intended for preservation along the eastern extent of the site and
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 2 of 47
adjacent to the Brookhaven Estates neighborhood. No permitted or conditional uses are
proposed for this area.
Public Comment: At the September 28' , 2020 Planning Commission meeting, members of the
nearby Brookhaven subdivision spoke in favor of the request and its inclusion of parkland and
tree preservation areas adjacent to their neighborhood.
INFRASTRUCTURE:
Streets: The subject property has access to a small portion of Sain Street. However, the
City is in the process of extending Sain and adding a bridge over Mud Creek. The
applicant and Engineering Division staff have been in coordination regarding
potential connection locations, as the bridge's increasing elevation prevents
unhindered access to the public street. Any street improvements or assessments
required in association with this extension or other improvements will be
determined at the time of development proposal.
Water: Public water is available to the parcel by way of an existing 6-inch main along
Sain Street. Prior to development, the necessity to upgrade this to an 8-inch main
is anticipated.
Sewer: Sanitary Sewer is available to the site, however extension will likely be required.
Drainage: Approximately half of the subject area lies within the 100-year floodplain, with a
significant amount of the northernmost parcel also being in a regulatory floodway.
There is a small portion of the subject area also within the 500-year floodplain.
Hydric soils appear to be present in nearly the entire subject area. No part of the
parcel lies within the HHOD and there are no protected streams on the property.
Fire: The Fayetteville Fire Department did not express any concerns with this request.
The site will be protected by Station 4, located at 3385 N. Plainview Avenue. The
property is located approximately 0.5 miles from the fire station with an anticipated
drive time of approximately 2 minutes using existing streets. The anticipated
response time would be approximately 4.2 minutes. Fire Department response
time is calculated based on the drive time plus 1 minute for dispatch and 1.2
minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department
has a response time goal of 6 minutes for an engine and 8 minutes for a ladder
truck.
Police: The Police Department did not comment on this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2040's Future Land Use Map designates
the properties within the proposed rezone as Urban Center Area.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed -use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 3 of 47
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the
subject property, ranging from 3 to 7. Areas closer to College have higher scores than those near
Mud Creek. The high score translates to a score of 10 per the Planning Commission's weighting
system. The elements vary by the area of the property being considered, and include the following:
• Appropriate Future Land Use Map (71 B Corridor & Urban Center Area)
• Near a grocery store (Whole Foods Market)
• Near Razorback Transit (Route 26)
• Near Ozark Regional Transit (Route 10)
• Near Trail (Mud Creek Trail)
• Near Water Main (Sain Street)
• Near Sewer Main (Sain Street)
Note: Although not a public school, the property is near Haas Hall Academy, a charter school
along Front Street to the north.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The proposed zoning is compatible with the wide-
ranging land uses in the area including parkland and natural area,
institutions, and commercial uses. Despite the PZD's largely residential
component, housing near College Avenue will be very complimentary of the
varied uses that currently require vehicle use to access.
Land Use Plan Analysis: While rezoning the property to the proposed PZD is
generally consistent with the City's long-range goals and planning
documents, integration of a greater variety of uses would better represent
the tenets of City Plan 2040 and the Future Land Use Map. Both documents
dictate that complete neighborhoods are to be the standard, where a mixture
of uses allows for varying transportation options, greater access to
amenities, and fewer municipal liabilities in terms of infrastructure. With a
largely residential proposal, the proposed PZD makes headway towards
encouraging a mixture of uses, but could go further.
That said, the larger context of the area is critical to the request's evaluation
and staff's recommendation. College Avenue to the west and Joyce
Boulevard to the north of the subject property are historically commercial
corridors with an almost unequivocal vehicle orientation. In recent decades,
and culminating in the drafting of the 71 B Corridor Plan, it became clear that
reorienting College Avenue from a state highway to a complete street
necessitates the addition of housing amongst the many restaurants, offices,
and other services. The applicant's PZD proposes this, with location to take
advantage of a future connection from College to Joyce, proximity to the
City's trail system, adjacency to a University of Arkansas satellite campus,
and ready access to services and the regional transportation network.
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 4 of 47
On the balance of considerations, staff finds the proposed PZD to be
compatible and consistent with existing land uses and adopted land use
plans.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified and needed to accommodate
development of this area, particularly development that increases the
number of residents in proximity to College Avenue where the City
anticipates marked growth.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed PZD zoning will increase traffic, and possibly to a significant
degree. However, the future connection to Sain Street's extension, and that
street's direct excess to major regional street and trail corridors, will mitigate
potential congestion and is unlikely to create a dangerous traffic condition.
Additionally, the proposal includes a connection to the south, where future
development could provide an alternative route between the Sain extension
and Millsap Road.
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: Rezoning the property from its current zoning designations will significantly
alter the potential population density in the area, but the rezone request is
not likely to undesirably increase load on public services. Initial Engineering
Division review indicates that utility extensions or upgrades are likely
required, however this is a common condition of developing a property of
this size and downstream capacity issues are not noted. Additional, no
outside reviewer comment, including from Fayetteville Public School, was
received.
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:
Finding: N/A
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.
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 5 of 47
Sec. 166.06. Planned Zoning Districts (PZD)
(B) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned zoning and developments whose purpose is redevelopment,
economic development, cultural enrichment or to provide a single -purpose or mixed -use
planned development and to permit the concurrent processing of zoning and development.
The City Council may consider any of the following factors in review of a Planned Zoning
District application.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or commercial
or industrial services, or any combination thereof, to achieve variety and integration of
economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and
in the renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use
yet harmonious developments consistent with the guiding policies of the Future Land Use
Plan.
(10)Special Features. Better utilization of sites characterized by special features of
geographic location, topography, size or shape.
(11)Recognized zoning consideration. Whether any other recognized zoning consideration
would be violated in this PZD.
Findings: As outlined in previous findings, staff finds the proposed PZD to be in
agreement with many of the factors encouraged in a planned zoning district,
including land use compatibility and harmony with the tenets of
Fayetteville's Future Land Use Plan. While staff contends that more flexibility
and variety in the proposal would benefit future residents and the area, there
is also recognition that development under the PZD will create housing that
is not currently located in the area.
However, Parks and Recreation staff have advised that the proposal as
submitted is inconsistent with the project as reviewed by the Parks and
Recreation Advisory Board. Accordingly, and given the implications of
changes in Planning Area size and dimensions, staff recommends tabling
the request pending further detail.
RECOMMENDATION: Staff recommends tabling R-PZD-2020-000001. Should the Commission
vote to forward the item, staff recommends the following conditions of approval:
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 6 of 47
Conditions of Approval:
1. Staff recommends revision of Planning Area 2 to include Use Units 1, City-wide uses by
right and 4, Cultural and Recreational Facilities as permitted uses to facilitate typical
essential services, recreational uses, and forestry uses that do not have significant
adverse effects;
2. The conceptual site plan for the property shall be revised in accordance with Parks and
Recreation staff comments, including:
a. Realignment of the proposed trail to route south of the buildings south of Sain
Street, angling northward along the private north -south drive, and connecting
with Sain Street at the property's curb cut. This trail and the associated drive
aisle shall be located within an access easement;
b. The area of parkland is to be expanded to be contiguous with Planning Area 1
and contiguous with Mud Creek;
c. A maximum of eight parking spaces may be permitted on parkland property. This
parking shall be for public use and not restricted to residents of the proposed
project; and
d. Planning Area 3, where tree preservation is proposed, is to be located along the
southern property line of parcels 765-02504-000, 765-02504-001, and 765-
16852-000, and the entirety of 765-11127-000.
3. Remove duplicative Appendix cover sheets in the PZD booklet.
Planning Commission Action:
Meeting Date: October 12, 2020
Motion:
Second:
Vote:
® Forwarded O Tabled O Denied
See below, next page.
Planning Area 1 was forwarded, recommending approval.
Planning Areas 2 & 3 were forwarded, recommending denial.
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 7 of 47
BUDGET/STAFF IMPACT:
None
Attachments:
• PZD Booklet
• PZD Plats
• Architectural Examples
• Conceptual Site Plan and Zoning/Development Standards
• Change Exhibits
• One Mile Map
• Close Up Map
• Current Land Use Map
• Future Land Use Map
By: Hoffman
2nd: Belden
Vote: 8-1-0
Action: Forward
Detail: Recommending in favor of Planning Area 1 with amendments to it as shown by the applicant, including the additional
curb cut on the north side of Sain Street and realignment of curb cuts north and south of Sain to create a four-way intersection.
Motion #2
By: Brown
2nd: None
Vote: -
Action: Failed for lack of a 2nd
Detail: Recommending in favor of Planning Area 2 and 3, with conditions as recommended by staff and recommending City
Council direct that the Parks Department review parkland dedication and maintenance in collaboration with the Police
Department along with options for incorporating tree preservation areas in to parkland
By: Hoffman
2nd: Paxton
Vote: Withdrawn
Action: Table
Detail: Table discussion of Planning Areas 2 and 3.
Motion #4
By: Hoffman
2nd: Winston
Vote: Withdrawn
Action: Forward
Detail: Recommending in favor of Planning Area 2 as included in staffs report rather than presented at the meeting, with
right-of-way dedication through Planning Area 2 at the Parks Department's discretion for access to Planning Area 3, and
recommending denial of Planning Area 3 as proposed. Staff conditions regarding resolution of drafting errors and inclusion of
Use Units 1 and 4 are included.
Mnfinn #5
By: Belden
2nd: Hoffman
Vote: 8-1-0
Action: Forward
Detail: Recommending denial of Planning Areas 2 and 3, with both areas needing Police and Parks Department coordinated
consideration regarding safety and maintenance.
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 8 of 47
Planning Commission
October 12, 2020
Agenda Item 2
RP7[) 20-000001 Trails at Mud Creek
Page 9 of 47
TABLE OF CONTENTS
OWNERSHIPINFORMATION........................................................................................................................... I
SCOPE, NATURE AND INTENT........................................................................................................................ 1
GENERALPROJECT CONCEPT........................................................................................................................ 1
PROPOSED PLANNING AREAS(PA'S)............................................................................................................ 1
PROPOSED ZONING STANDARDS................................................................................................................... 1
PLANNING AREAS VS CURRENT ZONING......................................................................................................3
SITE CHARACTERISTICS................................................................................................................................ 5
RECREATIONFACILITIES............................................................................................................................... 5
PURPOSE OF ZONING CHANGE...................................................................................................................... 5
RELATION TO SURROUNDING PROPERTIES................................................................................................... 5
COMPLIANCE WITH FAYETTEVILLE'S COMPREHENSIVE LAND USE PLAN...................................................5
TRAFFICSTUDY............................................................................................................................................6
IMPACTON CITY SERVICES...........................................................................................................................6
CONCEPTUAL DESCRIPTION OF DEVELOPMENT STANDARDS, CONDITIONS AND REVIEW GUIDELINES ...... 6
APPENDICES
APPENDIX A - VICINITY MAP
APPENDIX B - BOUNDARY SURVEYS
APPENDIX C - GENERAL PROJECT CONCEPT
APPENDIX D - BUILDING ELEVATIONS
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THE TRAILS ON THE CREEK
PI.ANN1.0 ZONING DISTRI(7 (P71)J
OWNERSHIP INFORMATION
The Trails on the Creek Apartments
P.O. Box 13000
1200 E Joyce Blvd 6th Floor
Fayetteville, AR 72703
SCOPE, NATUREAND INTENT
The Trails on the Creek is designed around the idea that density, variety, and walkability in a modern development
can be achieved while accentuating natural features and green space. As such, we have divided the 20.8 acres of the
subject site into Three Planning Areas, as listed below, that meet the above stated intent.
GENERAL PROJECT CONCEPT
A General Concept Layout has been included in Appendix C that denotes: The Street Layout, Proposed
Improvements; Buffer Areas; Tree Preservation Areas; Stomi Water Detention Areas / Drainage; Undisturbed Natural
Areas: and Existing / Proposed Utility Connections and Extensions
DFVI(LOPAIFN7' ANI) AR(*H17C7VRAI. DESIGN S7ANDARDS
Five primary building types will be arranged on the site along with numerous support structures. All five primary
building types shall be constructed of 50% brick / masonry with hardi-lap siding accents.
Legacy Buildings. The "Legacy" buildings are 3 story buildings. The buildings make use of masonry (50%) and
hardi-lap siding with stucco board on its exterior.
Ckurchill Buildings. The Churchill buildings are 15, 18, 21, and 24-unit building designed with architectural
elements alluding to the "Bungalow" style. The buildings use an entry / egress balcony on the parking lot side and
individual "stacked" balconies on the street side to create vertical visual elements and private outdoor areas. The
buildings are constructed of masonry (50%) and hardi-lap siding with railing that have a "wrought -iron" look.
Rf.71.1)m; EIFVATION3
Appendix D has the building elevations that are proposed to be used with this project.
PROPOSED PLANNING AREAS (PAS)
There are three (3) planning areas for The Trails on the Creek:
Planning Area I -
X Planning Area 2 -
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ResidetNdal Area — consists of the 9.6 acres that are closest to the existing commercial
development and street frontage along the College Avenue Corridor.
Parkland — consists of 4A acres of land located along Mud Creek with easy access from Sam
Street that is to be dedicated to the City of Fayetteville.
Tree Preserva don — consists of 6.8 acres of mature trees and has been located close to the
neighboring residences that border the subject property.
PROPOSED ZONING STANDARDS
PI.AN,vIN(; AREA I - REsim.NTIAL ARF..4
(A) Uses
(1) Permitted Uses.
Unit 1
City wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12b
General Business
Unit 26
Multi-tamily dwellings
Unit 41
Accessory dwellings
(2) Conditional
Uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
I Init 5
Government Facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(B) Density
Units per acre
35 or less
(C) Bulk and Area Regulations
1.w Width Afininmm
None
Lnl Area Minimum
None
1.and Area per Dwelling Unit
N/A
Hillside Overlay Di.sirict
1.01 Minimum Width
None
Hillside Overlay District
Lot Area Minimum
None
(D) Setback Requirements
Front
A build -to zone that is located between 10 feet and a
line 25 feet from the front property line
Side
Rear
(F) Height Requirements
8 feet
8 feet
Building Height Maximum 4 stories
(F) Building area.
The area occupied by all buildings shall not exceed 50 % of the total lot area. Accessory ground mounted solar energy
systems shall not be considered buildings.
(G) Minimum Buildable Street Frontage. 40% of the lot width.
PLANNING ARIiA 2 (PARKI AND) & PI ANNIN[i Alrl•:A 3 (TRI:a PRESERVATION)
(A) Uses
(1) Permitted Uses. None
(2) Conditional Uses. None
(B) Density. None.
(C) Bulk and Area Regulations. None.
(D) Setback Requirements. None.
(F) Height Requirements. None.
(F) Building area. None.
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PLANNING AREAS VS CURRENT ZONING
The following section contains charts that allow comparison of the Proposed Planning Areas zoning to the current zoning district requirements:
Permitted Uses:
Conditional Uses.
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Planning Area
I
Unit I - City wide uses by right
Unit 8 - Single-family dwellings
Unit 9 - Two-family dwellings
Unit 10 - Three (3) and four (4) family
dwellings
Unit 12b - General Business
Unit 26 - Multi -family dwellings
Unit 41 - Accessory dwellings
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 12a - Limited business
Unit 24 - Home occupations
Unit 25 - Offices, studios, and related
services
Unit 36 -Wireless communications
facilities
Unit 44 - Cluster Housing Development
Planning Area District RSF4
2 & 3 Residential Single Family
Four (4) Units per Acre
None Unit I - City wide uses by right
Unit 8 - Single-family dwellings
Unit 41 - Accessory dwellings
None 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 9 - Two-family dwellings
Unit 12a - Limited business
Unit 24 - Home occupations
Unit 36 - Wireless communications
facilities
Unit 44 - Cluster Housing Development
District C-2
Thoroughfare
Commercial
Unit 1 - City wide uses by right
Unit 4 - Cultural and recreational
facilities
Unit 5 - Government Facilities
Unit 13 - Eating Places
Unit 14 - Hotel, motel, and amusement
facilities
Unit 16 - Shopping goods
Unit 17 - Transportation trades and
services
Unit 18 - Gasoline service stations and
drive-in/drive through restaurants
Unit 19 - Commercial recreation, small
sites
Unit 20 - Commercial recreation, large
sites
Unit 25 - Offices, studios, and related
services
Unit 27 - Wholesale bulk petroleum
storage facilities with underground
storage tanks
Unit 33 - Adult live entertainment club or
bar
Unit 34 - Liquor store
Unit 40 - Sidewalk Cafes
Unit 44 - Cluster Housing Development
Unit 45 - Small scale production
Unit 2 - City-wide uses by conditional
use permit
Unit 3 - Public protection and utility
facilities
Unit 21 - Warehousing and wholesale
Unit 28 - Center for collecting recyclable
materials.
Unit 29 - Dance Halls
Unit 32 - Sexually oriented business
Unit 35 - Outdoor music establishments
Unit 36 - Wireless communications
facilities
Unit 38 - Mini -storage units
Unit 42 - Clean technologies
District 1-1
Heavy Commercial
and light Industrial
Unit 1 - City wide uses by right
Unit 3 - Public protection and utility
facilities
Unit 4 - Cultural and recreational
facilities
Unit 5 - Government Facilities
Unit 13 - Eating Places
Unit 16 - Shopping goods
Unit 17 - Transportation trades and
services
Unit 18 - Gasoline service stations and
drive-in/drive through restaurants
Unit 21 - Warehousing and wholesale
Unit 22 - Manufacturing
Unit 25 - Offices, studios, and related
services
Unit 42 - Clean technologies
Unit 2 - City-wide uses by conditional
use permit
Unit 19 - Commercial recreation, small
sites
Unit 20 - Commercial recreation, large
sites
Unit 28 - Center for collecting recyclable
materials.
Unit 36 - Wireless communications
facilities
Unit 38 - Mini -storage units
Unit 43 - Animal boarding and training
Density:
(Mils per Acre
Bulk and Area Regulutions
Lot Widlh Minimum
Lot Area Minimum
/and Area per ibvelling Unit
Hillside Overlav District
[.at Minimum Widrh
Hillside Overlay District
Lot Area Minimum
Setback Regulations:
Front
h'roln, tf parking is allowed between the
right-of-way and the building
Front, when aJjoining A or R districts
Front when alonung C, /, or P districts
Side
Side, when contiguous to a residential
district
,Side, when adjoining A or R districts
,Side, when a4l inning C, 1, or P districts
Rear
Building Height RegulaBanc:
Building Height Maximum
Planning Area
Planning Area
District RSF4
District C-2
District 1-1
1
2 & 3
Residential Single Family
Thoroughfare
Heavy Commercial
Four (4) Units per Acre
Commercial
and Light Industrial
35 or less
None
4 or less
None
None
None
None
70 feet (Single Family)
None
None
80 feet (Two Family)
None
None
8,000 sf (Single Family)
None
None
12,000 sf (Two Family)
None
None
8,000 sf (Single Family)
None
None
6,000 sf (Two Family)
None
None
60 feet (Single Family)
None
None
70 feet (Two Family)
None
None
R,000 sf ( Single Family)
None
None
12.000 sf (Two Family)
A build to zone that is located
15 feet
between 10 feet and a line 25 feet
15 feet
from the front property line
-
50 feet
-
50 feet
-
-
25 feet
8 feet
5 feet
None
-
15 fed
-
50 feet
-
10 feet
8 feet
15 feet
20 feet
25 feet
There shall be no maximum height
G Stories (if a building exceeds the
limits in 1-1 District, provided,
height oftwo (2) stories, the portion
however, that ifa building exceeds
of the building that exceeds two (2)
the height of two (2) stories, the
stories shall have an additional
portion of the building that exceeds
setback from side boundary line of an
two (2) stories shall have an
4 stories
N/A
3 stories
adjacent residential district. The
additional setback from any
amount of additional setback for the
boundary line of an adjacent
portion of the building over two (2)
residential district. The amount of
stories shall be equal to the
additional setback for the portion of
difference between the total height of
the building over two (2) stories shall
that portion of the building, and two
be equal to the difference between
(2) stories.)
the total height of that portion of the
building, and two (2) stories
Planning Area
Planning Area
1
2 & 3
The area occupied by all buildings
None
shall not exceed 50% of the total lot
area. Accessory ground mounted
Buihim. I rea solar energy systems shall not be
considered buildings.
.t lininuan Buildable Street Frontage 40% of the lot width
None
SITE CHARACTERISTICS
This site is characterized by two primary features, the first is the frontage along Mud Creek, Mud Creek is a channelized
drainage way that has re -growth of trees since it was channelized and stabilized in the past. Another feature of Mud
Creek is that it is a FEMA designated Floodplain / Floodway that impacts portions ofthe subject property. The second
major feature is the wooded hillside with mature trees that will be protected with this development.
RECREATION FACILITIES
Open green spaces will be incorporated through the layout of the development where possible. Pathways in the form
of sidewalks as well as a trail connection among and between selected areas will allow viable and readily available
access to the dedicated parkland located in The Trails on the Creek and ultimately to the planned trail along a tributary
of Mud Creek. The Trails on the Creek tree preservation areas that are located on the western most parcel offers a
natural setting while providing a buffer to the surrounding residential neighborhoods. A clubhouse is planned to be a
multipurpose area whose permitted uses include cultural and recreation facilities, offices, business center, and
management living quarters.
PURPOSE OF ZONING CHANGE
The zoning changes are critical for this type of development to allow for its unique character and style as current zoning
does not allow for an economically feasible development. The Trails on the Creek zoning change will allow for a
moderate to high density area while highlighting the ability of the tenants to have access to outdoor and indoor amenities
not often found in multifamily developments. As well as being attainable for working people, it has amenities such as
the park area, access to a complete trail system, pool, and workout facilities. PZD zoning will allow more coordinated
development to take place, making it possible to create a livable, walk -able, community, which would not be possible
with traditional zoning
RELATION TO SURROUNDING PROPERTIES
The Planning Area that is being proposed for The Trails at the Creek development offers a smooth transition from the
neighboring zonings and building requirements. The areas along the southwestem end of the property are adjacent to
the neighboring residential subdivisions which are zoned RSF-4. The undeveloped areas will offer a natural setting for
park atmosphere and will allow for a seamless transition from the existing single-family subdivision to The Trails at the
Creek development. The site's tree preservation area, as an added benefit, borders almost all the neighboring property
boundaries acting as an additional buffer area. The relationship with the commercial neighbors to the west should be
a symbiotic relationship whereby tenants can walk to Panera Bread or San Miguel's for meals, or to the Bike Route for
help with their bicycle, while employees of these nearby business can live within a walking distance of work.
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District RSF-4
District C-2
District 1-1
Residential Single Family
Thoroughfare
Heavy Commercial
Four (4) Units per Acre
Commercial
and Light Industrial
On any lot the area occupied by all
On any lot, the area occupied by all
None
buildings shall not exceed 40% of the
buildings shall not exceed 60% of the
total area of such lot. Accessory
total area of such lot. Accessory
ground mounted solar energy
ground mounted solar energy
systems shall not be considered
systems shall not be considered
buildings.
buildings
None
50%of the lot width
None
COMPLIANCE WITH FAYETTEVILLE'S COMPREHENSI6 E
LAND USE PLAN
The following are the City of Fayetteville's City Plan
• We will make appropriate tn/ill and revitalization our highest priorities: encouraging the development or
redevelopment oj`vacam, mostly vacant, and underdeveloped property.
• We will discourage suburban sprawl.
• We will make traditional lawn fibrin the standard with neighhorhoocir that tndude not just houses. but a mix
gjuses that can adapt over time and allow residents to live, work, and play without relying on vehicles.
• We will grow a livable transportation network.
• We will assemble an enduring green network.
• We will create opportunities for attainable housing.
The Trails on the Creek development meets these goals by developing a portion of vacant land that is surrounded by
developed property thereby infilling said property. This property is situated on Sam Street near the College Avenue
Corridor. With the proposed expansion to Sain Street, this development creates an opportunity for future residents
walkable access to grocery stores via the trail system (a 21 minute walk to the Walmart on Mall Avenue and Joyce
Boulevard, to multiple restaurants (Olive Garden, Noodles Italian Kitchen, Panera Bread, San Miguel Mexican Grill,
... ), access to child care (La Petite Academy), access to the University of Arkansas Uptown Campus West, and access
to multiple employment opportunities. Additionally with the dedication of parkland to the City of Fayetteville and the
dedication of an area of tree preservation, this development will add to the enduring green network. Finally, the
additional density for the subject property allows for opportunities for attainable housing along the proposed Sain
Street.
The future land use map designates the area of development as Urban Center. Per the City Plan 2040:
Urban Center Areas contain the most intense and dense development patterns within the City, as well as the tallest
and greatest variety of buildings. They accommodate rowhouses, apartments, local and regional retail, including
large-scale stores, hotels, clean tech indushy and entertainment uses. These areas are typified by their location
adjacent to major thoroughfares with high visibility, usually automohile-dependent cuslnmers and large areas
dedicated to parking. Although Urban Center.4reas recognize the conventional big -box and strip retail centers
developed along major arterials, it is expected that vacant properties will he developed into traditional mixed -use
centers, allowing people to live, work and shop in the same areas. Additionally, it Jill of existing development centers
should he .strongly encouraged, since there is greater return /br properties already served by public injrasiruclure.
According to this definition, the proposed zoning allows for Multi -Family Residential as well as General Business
thereby meeting the Urban Center .Area designation as defined above.
The 71 B Corridor Plan contains the following recommendations for the Mall / Uptown: Millsap to City Limits area in
which this property appears to fall:
• Implement motor public (federal, state, and local) investments in transportation to improve access, safety,
and the consumer experience in this area.
• Establish new regulalory and design guides io incorporate some a/7he.lealures of newer " Ife-style " centers
into dus• built environment including.vlreel definition; redesigned and upgraded parking with enhancements
such as internal streets, parking blocks, and shade; and articulation and detail of huddings to provide human
scale,
• Encourage integration of multifamily development and mixed use development.
While this property is not specifically denoted in the plan, the proposed zoning allows for multifamily and mixed use
development while making use of the proposed improvements to Sain Street and connection to Vantage Drive to give
access to the City Transportation Corridor and Trail System. The proposed zoning also provides enhancements in the
form of internal streets, parking blocks, and shade.
TR4FFICSTUDY
A traffic study was prepared for the original Trails at Mud Creek Apartment proposal by Peters & Associates. The
traffic study will be updated based on the proposed development and will be provided for City review at the time of
development.
IMPACT ON CITYSERVICES
WATER AND SFWFR
The development will connect to the existing 8" or 16" water main that nuns along N. Front Street and the existing 8"
sewer main on Sain Street. The Trails at the Creek will work with the City of Fayetteville to make the proper
connections to existing infrastructure as requested by the City.
ROADS
The Trails on the Creek was designed to have access front Sain Street and with the proposed City Improvements would
also have access to N. Vantage Drive. At this time, the City is considering a possible Roundabout on Sain Street
adjacent to the property that will provide access to Millsap Road. These improvements will impact traffic on Sain Street
and, in the event the roundabout is installed, may also impact traffic on Millsap Road. Improvements to Sain Street are
being made by the City of Fayetteville to create a connection between the current dead end of Sain Street to the current
dead end of N Vantage Drive. Abridge across Mud Creek will be installed as part of this connection. A traffic study
will be conducted to determine any need improvements required for the development. The Trails on the Creek is
providing a connection to the South for a second access point for the Christian Life Cathedral Church using a private
drive with a public access easement.
Fiur AND POIJCF
The Trails on the Creek was designed to have access from Sain Street and with City Improvements, the development
would have access to N. Vantage Drive with a possible Roundabout that will provide access to Millsap Road. This
will allow the entire development easily accessible by both fire and police. The Trails on the Creek will be served by
the Fayetteville Fire Department. Station 4 is located at 3385 N. Plainview Avenue which is 0.5 miles from this
development, Station 5 is located at 2979 N. Crossover Road which is 1.45 miles from this development. Fayetteville
police will serve the area as it currently does.
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SOIID WASTE.
Solid waste will be provided for by the City of Fayetteville. Dumpsters will be placed throughout the development so
and will comply with the recommendations by the City of Fayetteville's Solid Waste Division.
STORM SIXER
Storm Sewer will be collected on site and release in accordance with Fayetteville's Code.
CONCEPTUAL DESCRIPTION OF DEVELOPMENT STANDARDS, CONDITIONS AND
REVIEW GUIDELINES
SCREENING AND LANI)SCAPING
The screening and landscaping will be provided as set forth in the Unified Development Code. Any modification
shall be approved by the Planning Commission,
TSAR!(' AND CIRCULATION.
Adequacy, circulation, design, coordination, and provisions will be accordance with the Unified Development Code
and the Arkansas Fire Prevention Code.
PARKING STANDARDS
The parking standards found in Chapter 172 Parking and Loading shall be used as general guidelines to establish
parking and loading standards for The Trails on the Creek Master Plan. Any deviation from these established
standards shall be approved by the Planning Commission, as permitted.
PI':RlAlll7'IiR TRli47'WNT
All uses of land or structures will meet the open space, buffer, or green strip provisions of the Unified Development
Code.
SIDI:WAI.KS
Sidewalks will be designed and constructed in accordance with the Master Street Plan, Section 171 of the Unified
Development Code, and the requirements of the Fair Housing Act (FHA) and to the extent applicable, the Americans
with Disabilities Act (ADA)
STRFFTI.IGHTS.
Streetlights will be designed and constructed in accordance with the Unified Development Code.
WATFR.
Water lines will be designed and constructed in accordance with the City of Fayetteville's Water and Sewer
Specifications.
.StewFR.
Sewer lines will be designed and constructed in accordance with the City of Fayetteville's Water and Sewer
Specifications.
STRF.hTSANIJ DRAINAGE..
Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the
Master Street Plan. Sam Street is under development by the City of Fayetteville. All streets located with the PZD are
planned to be private streets that will connect to Sam Street and will comply with the Access Management Standards
of the Unified Development Code.
ClONSIRUCIION OhNONRI-YIAEN7'1.91. FA('1 mi-.S.
A clubhouse and pool will be provided as shown on the master development plan to provide recreation facilities for
the community.
TRlih PRh ShRVATION.
Tree preservation will be designed in accordance with Section 167 of the Unified Development Code. Tree
Preservation areas have been located to buffer the existing single-family residences from the development.
Development will occur in the areas with reduced tree impact as shown on the Master Plan Concept.
AR('HI7T.(7I/R.al, DlrSl(;N STANOAROS
Building design standards shall be in accordance with the architectural design standards and building elevations
presented in this booklet.
SIGNAGI.
All signage in Planning Area 1 will be permitted in accordance with the requirements set forth by Chapter 174
Signage of the Unified Development Code. No pole / pylon signs shall be permitted with The Trails on the Creek.
VIEW PN07'07I0N
No existing views will be affected. Buildings have been brought closer to the public streets and parking lots are
positioned behind the buildings helping to achieve the view of a true streetscape. Also, the proposed buildings
alternate, and are mixed up so you have a variety of looks as you travel down the street.
COVENANTS, TRUSTS, ANI) HOMIiOff'NER ASSO('1.97'I0NS
The owner will undertake the responsibility of maintaining areas of The Trails on the Creek not owned by the City of
Fayetteville. No separate convents, trusts or associations will be necessary.
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Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 18 of 47
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 19 of 47
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Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 20 of 47
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Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 21 of 47
Planning Commission
October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 22 of 47
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Project Number:
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Scale: 1" = 1,500'-0"
Certificate of :authorization N- 1534
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Date:08/17/2020 ,
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October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 23 of 47
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October 12, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 24 of 47
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5. WARRANTYMED FILED IN DEED BOOK 97AT PAW 9229
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Agenda Item 2
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RPZD 20-000001 Trails at Mud Creek
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Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 45 of 47
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2, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 46 of 47
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2, 2020
Agenda Item 2
RPZD 20-000001 Trails at Mud Creek
Page 47 of 47
Dear Mayor Jordan,
As you know The Trails on the Creek property have been an issue for over a year. At this time
Lindsey is requesting a rezoning through the Planning Commission. This item has been tabled
the last 2 meetings. Rather than spending time on the actual rezoning issues their biggest
concern has been the property Lindsey is donating to the City as a Park. The Park donation was
accepted by the Parks and Recreation and the City of Fayetteville but the Planning Commission
is trying to change the entire parcel therefore negating our agreement.
Last year when Lindsey Development and Brookhaven Estates neighborhood came before the
City Council regarding this property, you asked that we work out a plan we could all agree
upon. We did exactly what you asked. We now have a plan that the City, neighbors and
developer all agree on. The planning commission is asking for changes that are not part of our
agreement and truly have nothing to do with the issue at hand (rezoning these parcels).
Tomorrow night we will meet again. I'm asking for your help and for the City to live by the deal
that was made between the City, neighbors and developer.
I appreciate your help in the matter.
Brenda Wallner
3582 N Buckingham Drive
479-871-8283
Dear Mayor Jordan,
As you know The Trails on the Creek property have been an issue for over a year. At this time
Lindsey is requesting a rezoning through the Planning Commission. This item has been tabled
for the last 2 meetings. Rather than spending time on the actual rezoning issues, their biggest
concern has been the property Lindsey is donating to the City as a Park. The Park donation was
accepted by the Parks and Recreation and the City of Fayetteville but the Planning Commission
is trying to change the entire parcel, therefore, negating our agreement.
Last year when Lindsey Development and Brookhaven Estates neighborhood came before the
City Council regarding this property, you asked that we work out a plan we could all agree
upon. We did exactly what you asked. We now have a plan that the City, neighbors and
developers all agree on. The planning commission is asking for changes that are not part of our
agreement and truly have nothing to do with the issue at hand (rezoning these parcels).
Tomorrow night we will meet again. I'm asking for your help and for the City to live by the deal
that was made between the City, neighbors, and developer.
I appreciate your help in the matter.
Thank you!
Lynette Curzon
EAST Facilitator
Westwood Elementary
"Most folks are about as happy as they make up their minds to be" — Abraham Lincoln
Dear Mayor Jordan,
I am writing to voice my frustration with the city planning commission's approach to the development of
the Trails on the Creek property. Rather than allowing the developer's proposed parkland donation, the
commission is introducing changes that will invalidate the joint agreement that was thoughtfully and
creatively put together between the developer (Lindsey), City of Fayetteville, and neighborhood. As you
recall, you charged us to work together to come up with a proposal that made more sense for this
property. During previous meetings, it was made clear that there were concerns raised by the city and
neighbors to include potential for flooding, environmental impacts to the creek and wildlife habitat,
street access, traffic, and the significant effort that would be needed to develop this land. The planning
committee seems to be ignoring these concerns. Clearly allowing intelligent development that best fits
the site will benefit our community and grow the community we love in a sustainable manner.
Thank you for your consideration.
Damon Lipinski
3566 North Buckingham Drive
Mayor Jordan,
I am reaching out in regard to a troubling development with the Trails on the Creeks City Park
project. As you know the City Council, Developer and the neighborhood spend a significant
amount of time to develop a plan that was best for the city. The last Planning Commission
meeting the council derailed the process and it has been tabled. Rather than focusing on the re-
zoning Lindsay is requesting they are questioning the land being donated for a Park. They were
actually pushing for development on that parcel. The Park donation was accepted by the Parks
& Recreation and the City of Fayetteville but the Planning Commission is coming in at the last
minute and attempting to change the entire parcel.
You had asked rightfully asked that Lindsey Development and the Brookhaven Estates
neighborhood work out a plan we could all agree upon. That was done. Lindsay's offer to
donate the land as a Park is a good thing for the City. We now have a plan that the City,
neighbors and developer all agree on. The planning commission is asking for changes that are
not part of our agreement and have nothing to do with the issue at hand (rezoning these
parcels).
The Planning Commission meeting is tonight and we will of course join that meeting. I would
like to ask the you and the City Council intervene and get us back on the agreement we had all
worked so hard to develop.
I appreciate your leadership & support during this process.
Mike Wallner
3582 N Buckingham Drive
479-871-8283
Democrat V 0azette
L) - 2' j ' C7 n, FT"E'.`iLL_ .`tP, 777C2 , ?,r
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6377
Was inserted in the Regular Edition on:
November 8, 2020
Publication Charges: $82.08
,,3 a#s;: -S
Brittany Smith
Subscribed and sworn to before me
This R day of AJOV , 2020.
Notary Public
My Commission Expires
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
�gSPGG�112
V GOMG6 F � �� Np25
Ordinance: 6377
File Number: 2020-0906
R-PZD-2020-001 (EAST OF E. SAIN
ST./I'RAILS ON THE CREEK):
AN ORDINANCE TO APPROVE A
RESIDENTIAL PLANNED ZONING
DISTRICT ENTITLED R-PZD 2020-
001 FOR APPROXIMATELY 20.77
ACRES LOCATED EAST OF EAST
SAIN STREET TO ALLOW THE
DEVELOPMENT OF321 MULTI-
FAMILY UNITS WITH ASSOCIATED
PARKING, PARKLAND, AND TREE
PRESERVATION AREAS
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
approves R-PZD 2020-001 as described
in Exhibits 'A' and'B' and'C' attached to
the Planning Division's Agenda
Memo which allows the development of
321 multi -family units with associated
parking, parkland and tree preservation
areas.
Section 2: That the official zoning map
of the City of Fayetteville, Arkansas is
hereby approved to reflect the zoning
criteria change provided in Section
PASSED and APPROVED on
11/52020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75345193 Nov 8,2020