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HomeMy WebLinkAbout2023-08-07 - Agendas - FinalCITY OF FAYETTEVILLE %PF ARKANSAS Board of Adjustment Meeting August 7, 2023 3:45 PM 113 W. Mountain, Room 219 MEETING AGENDA Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson, & Jason Young City Staff: Jessie Masters, Development Review Manager Call to Order Roll Call 1. Approval of the minutes from the June 5'", 2023 meeting. Unfinished Business: None. New Business: 2. BOA-2023-0009: Board of Adjustment (930 S. WICHITA AVE/TOTAL SITE DEVELOPMENT, 557): Submitted by COMMUNITY BY DESIGN for property located at 930 S. WICHITA AVE. The property is zoned INC, NEIGHBORHOOD CONSERVATION and contains approximately 20.04 acres. The request is for a variance from setback requirements. Planner: Jessie Masters Announcements Adjourn NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD (Telecommunication Device for the Deal) are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 479-575-8330. As a courtesy please turn off all cell phones and pagers. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE ARKANSAS Board of Adjustment Meeting June 5, 2023 3:45 PM 113 W. Mountain, Room 219 MEETING MINUTES NOTE: The May 1, 2023 Board of Adjustment Meeting was held both in person and virtually. Members: Bill Finer (Chair), Lindsey Steiger -Muck, Erin Adkins-Oury, Josh Carson and Jason Young Assistant City Attorney: Blake Pennington Call to Order: 3:45 PM, Finer (Chair) Roll Call: In Attendance: Bill Finer, Erin Adkins-Oury, and Jason Young Absent: Lindsey Steiger -Muck, Josh Carson Staff: Jessie Masters, Development Review Manager 1. Approval of the minutes from the May 1, 2023 meeting. Motion: Board Member Adkins-Oury made a motion to approve the May 1st, 2023 minutes with Young seconding. Upon roll call the motion was approved with a vote of 3-0-0. Unfinished Business: None. New Business: 2. BOA-2023-0006: Board of Adjustment (1516 N. LUNSFORD AVE/SPENCER-BRADFORD, 409): Submitted by TRUTEK INC for property located at 1516 N. LUNSFORD AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.40 acres. The request is for a variance from front setback requirements. Donna Wonsower, Planner: Gave the staff report. ents Mailing Address: August 7, 2023 113 W. Mountain Street www.fayettevilleAapg(AItem 1 Fayetteville, AR 72701 MINUTES (June 5, 2023) Page 1 of 3 Jason Young, Board Member: Asked for clarification that that if the property was surveyed, would the encroachment be worse. Donna Wonsower, Planner: Confirmed it as a possibility. Staff has requested that if approved a survey be provided. And that City Council will make the final decision concerning the encroachment. Bill Finer, Board Member: Asked for clarification on parking. Wonsower: Answered that this it's is with the parking lane administratively removed. Erin Adkins-Oury, Board Member: Question height restrictions for structures in the set -back encroachment. Jessie Masters, Development Review Manager: Clarified that the city recognizes anything 30" or above and handrails and stairs as a structure, therefore if there is a deck at 29'/2" it would not be subject to a review. Eddie Thomas, Owner Representative: Passed recent photos to the board members to show the foliage around the structure, to help eliminate concerns about visibility for traffic. He also stated that he is available for questioning. Finer: Asked if he is going to build a ramp or stairs Thomas: Stated that their intension is stairs. Adkins-Oury: Asked if there are any images showing the gates and existing entries. Thomas: Said that he does not have any photos showing the situation then held up a photo and stated that there is a red truck that shows the gate and on the back side is where you must go through the kitchen. He also explained that the front entry is on the north side, where there are step a gate and then you must go around steps on the deck to get into the house. Adkins-Oury: Requested staff to pull up the image in the report to walk thru those gate and entry locations. Wonsower: Displayed the image and point out the locations of the entry gates. Thomas: Added that the foliage is blocking visibility more than the requested steps would. He expressed his concerns upon rezoning, because it could make the lot open for additional structures. Stewart Spencer, 1516 N. Lunsford Ave (Owner): Pleaded for the approval of this request and stated that he is available for questioning. Public Comment: Daniel Hodgson, 1605 N. Lunsford Ave: Voice his opinion upon being supportive of this project. Board of Adjustments August 7, 2023 Agenda Item 1 MINUTES (June 5, 2023) Page 2 of 3 Adkins-Oury: Expressed that a hardship has not be established. Young: Agreed with Adkins-Oury. Finer: Stated that without a hardship the encroachment shouldn't be enhanced. Motion: Board Member Adkins-Oury made a motion to approve BOA-2023-0006 with conditions as outline by staff. Board Member Jason Young seconded the motion. Upon roll call the motion was denied by a vote of 0-3-0. 3. BOA-2023-0007: Board of Adjustment (4089 N. SHILOH DR/THE CLAUDE, 135): Submitted by ANDERSON ENGINEERING for property located at 4089 N. SHILOH DR. The property is zoned CS, COMMUNITY SERVICES and contains approximately 7.37 acres. The request is for a variance from Minimum Buildable Street Frontage requirements. ITEM WAS WITHDRAWN BY STAFF. Announcements: Adjournment Time: 4:11 PM Submitted by: City Planning Division Board of Adjustments August 7, 2023 Agenda Item 1 MINUTES (June 5, 2023) Page 3 of 3 CITY OF FAYETTEVILLE 1"W101 ARKANSAS TO: Board of Adjustment BOARD OF ADJUSTMENTS MEMO FROM: Jessie Masters, Development Review Manager MEETING DATE: August 7, 2023 SUBJECT: BOA-2023-0009: Board of Adjustment (930 S. WICHITA AVE/TOTAL SITE DEVELOPMENT, 557): Submitted by COMMUNITY BY DESIGN for property located at 930 S. WICHITA AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 20.04 acres. The request is for a variance from setback requirements. RECOMMENDATION: Staff recommends approval of BOA-2023-0009 with conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to approve BOA-2023-0009 with conditions, determining: • In favor of the requested variance; and • All other conditions as recommended by staff. " BACKGROUND: The subject property is located in southwest Fayetteville on the south slope of Millsap Mountain and north side of W. Old Farmington Road. The property totals 20.40 acres and is zoned NC, Neighborhood Conservation. Following rezoning, an approval for a conditional use permit, and approval for a large-scale development for cluster housing in 2022, the applicant has now applied for a lot split to subdivide the cluster housing lots (LSP-2023-0030). Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential; R-A, Residential -Agricultural - Centennial Park RSF-4, Residential Sin le-famil , 4 Units per Acre R-A, Residential -Agricultural; South Single-family Residential R-PZD, Residential Planned Zoning District; RSF-4, Residential Single-family, 4 Units per Acre West Undeveloped R-A, Residential -Agricultural; RSF-2, Residential Single-family, 2 Units per Acre East Single-family Residential/Cluster Housing NC, Neighborhood Conservation DISCUSSION: Request: The applicant requests a variance from the setback requirement as defined in both 164.22, Cluster Housing, and in 161.29, Neighborhood Conservation. The cluster housing ordinance states that setbacks from the exterior property lines of the original parent tract shall be set by the underlying zoning district; in NC, Neighborhood Conservation, this would be considered a 5-foot side setback. The variance request can be described as follows in Table 2: ents Mailing Address: August 7, 2023 113 W. Mountain Street www.fayetteviIleAaPjfAItem 2 Fayetteville, AR 72701 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 1 of 21 Table 2 Variance Reauest Variance Issue Requirement Proposed Setback Variance Lot 9E — Exterior Setback 5 feet 3.86 feet 1.14 feet Lot 9F — Exterior Setback 5 feet 3.86 feet 1.14 feet Public Comment: No public comment was received regarding this request. RECOMMENDATION: Staff recommends approval of BOA-2023-0009 with the following conditions: 1. Approval of this variance is for the proposed variance as shown and described in the request letter and site exhibit. Any future development or expansion of existing buildings will require additional review and possible Board of Adjustment approval; 2. Any wall or architectural projection within 5-feet of a property line must be fire -rated in a manner consistent with fire code; 3. Approval of this variance does not grant approval or entitlement to any other zoning or development variances, or to any associated building permit, nor does it grant certificate of occupancy. IBOARD OF ADJUSTMENT ACTION: (Date: August 7, 2023 ISecond: ❑ Approved Note: ❑ Denied ❑ Tabled FUTURE LAND USE PLAN DESIGNATION: City Plan 2040 Future Land Use Plan designates this site as a Residential Neighborhood Area. FINDINGS: City of Fayetteville Unified Development Code §156.02, Variances, Zoning Regulations Certain variances of the zoning regulations may be applied for as follows: (B) Requirements for variance approval. (1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration; Board of Adjustments August 7, 2023 Agenda Item 2 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 2 of 21 Finding: Staff finds that the applicant has met this requirement based on the information provided and the facts at hand. Ahead of development, the applicant received the opinion of two separate surveyors who had established the eastern property line of the overall original parent tract to be approximately 13.64 feet to the east. Upon requesting to subdivide the parent tract, the eastern property line was found to be in the location identified by the applicant in the attached exhibits, which placed two existing structures within the required 5-foot setback, the structures which occupy lots 9E and 9F. Further, an additional third structure was found to be occupying two separate properties; the applicant is not seeking a setback variance for the third lot at this time, since they are separately pursuing a property line adjustment agreement with the new owner to the east. A large-scale development, and subsequent building permits were approved with the property line as established by the first surveyor. Through what appears to be no fault of the applicant, the structures were built within the existing setback requirement on the information provided by a licensed professional. The applicant has indicated that a property line adjustment is also not feasible, as the area in question on the adjacent lot is used for access and parking for the development to the east. (2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit and intent of the zoning ordinance; and Finding: Staff finds the applicant has met this requirement. While a setback encroachment does exist, the existence of an access drive to the east of the property does maintain an adequate separation between the structures and does not undermine the intent of the ordinance. (C) Minimum necessary variance. The Board of Adjustment may only grant the minimum variance necessary to make possible the reasonable use of the applicant's land, building or structure. Finding: Staff finds the requested variance for setback encroachment is the minimum necessary to bring the existing structures into compliance with zoning, and in order for the applicant to move forward with the lot split approval. (D) Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever special conditions found necessary to ensure compliance and to protect adjacent property. Finding: Should the Board choose to approve the variance, staff has recommended conditions of approval as outlined above. (E) Non -permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not permitted under the zoning ordinance. Finding: None is requested. BUDGET/STAFF IMPACT: None. Board of Adjustments August 7, 2023 Agenda Item 2 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 3 of 21 ATTACHMENTS: • Unified Development Code: o §164.22 Cluster Housing Development o §161.29 Neighborhood Conservation • Applicant Request and Associated Exhibits • Setback Exhibit • One Mile Map • Close-up Map • Current Land Use Map Board of Adjustments August 7, 2023 Agenda Item 2 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 4 of 21 164.22 Cluster Housing Development (A) Purpose. The purpose of the cluster housing development ordinance is to encourage innovation and variety in housing while ensuring compatibility with established neighborhoods, and to provide housing opportunities for a population diverse in age, income and household size. (E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the underlying zoning district. (1) Permitted and Conditional Use. Cluster housing development is permitted as identified in Chapter 161, Zoning Regulations, as a permitted or conditional use. (2) Density. Cluster housing development permitted as a use by right shall be allowed a density in conformance with the underlying zoning district. Zoning districts that allow cluster housing developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum density allowed in the underlying zoning district. (3) Bulk and Area Regulations. (a) Lot Width Minimum. There is no lot width requirement for individual cluster housing lots. (b) Lot Area Minimum. The lot area minimum for cluster housing lots is 750 square feet. (c) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet. (4) Setback Requirements. All structures shall meet setback and separation requirements of the International Building Code, as applicable. For zoning purposes: (a) In single family districts, all cluster housing units shall have a minimum separation from one another of ten feet measured from exterior wall to exterior wall, not counting eaves or other architectural projections. (b) In multi -family districts, there are no separation requirements from one cluster housing structure to another. (c) The setbacks from the exterior property lines of the original parent tract shall be set by the underlying zoning district. (5) Building Height Regulations. The height for all structures in a cluster housing development shall not exceed the permitted height requirement of the underlying zoning district. (6) Building Area. None. (7) Accessory Dwelling Units. Accessory dwelling units are permitted in cluster housing developments by conditional use. Where a cluster housing development is permitted as a conditional use, accessory dwelling units may be requested within the same application. (Ord. No. 5921 , §5(Exh. A), 11-1-16; Ord. No. 6067 , §1, 5-1-18; Ord. No. 6520 , §5, 1-18-22) Editor's note(s)—Ord. No. 5921 , §5(Exh. A), adopted Nov. 1, 2016, repealed §164.22 and added a new section as set out herein. The former §164.22 pertained to cottage housing development and derived from Ord. No. 5462, adopted Dec. 6, 2011. 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. Board of Adjustments August 7, 2023 Agenda Item 2 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 5 of 21 (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (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 Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Board of Adjustments August 7, 2023 Agenda Item 2 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 6 of 21 Unified Development Code - Chapter 151 Setback, front (zoning). (A) A setback extending between side lot lines across the front of a lot adjoining a public street. In the case of through lots, unless the prevailing front setback pattern on adjoining lots indicates otherwise, front setbacks shall be provided on all frontages. (B) Depth of required front setbacks shall be measured at right angles to a straight line joining the foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lines would have met without such rounding. Setback, rear (zoning). (A) A setback extending across the rear of the lot between inner side setback lines. In the case of through lots and corner lots, there will be no rear setbacks, but only front and side setbacks. (B) Width of a required rear setback shall be measured in such a manner that the setback established is a strip of the minimum width required by the district regulation with its inner edge parallel with the rear lot line. Setback, side (zoning). (A) A setback extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side setbacks shall extend from the rear lines of front setbacks required. In the case of corner lots, yards remaining after full front setbacks have been established shall be considered side setbacks. (B) Width of a required side setback shall be measured in such a manner that the setback established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. Alley (development). A minor public way dedicated to public use for utility easements and vehicle access to the back or the side of properties abutting a street. Board of Adjustments August 7, 2023 Agenda Item 2 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 7 of 21 community.by.design TOWN PLANNING. URBAN ENGINEERING July 17, 2023 Via EnerGov Ms. Jessica Masters Zoning and Development Administrator City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 RE: Variance Request for Lots 9E and 9F of Phase 2 Southern Woods Cluster Development LSD 2022 0014 and LSP 2023 0030 Ms. Masters, If determined to be necessary, please allow this letter to serve as a variance request from the zoning regulations set forth in 161.29(E) and / or 164.22(E)(4)(c) of the City of Fayetteville Unified Development Code. The lots are a part of CUP 2021 0056 and LSD 2022 0014. Houses have been constructed on each lot that face onto a shared common open space pedestrian way to the west and that back up to a shared common private drive / alley / access easement to the east. See attached Exhibit #1 Approved Site Plan for LSD 2022 0014 and Exhibit #2 Proposed Lot Split LSP 2023 0030. The property is zoned Neighborhood Conservation with approved cluster developments. Multiple layers of interpretation exist in determining the setback requirement, which is further complicated by a discrepancy in the location of the rear or east property line of proposed lots 9E and 9F. The original parent tract boundary (the east property line of proposed Lots 9E and 9F) was originally planned and determined to be 17.50' east of the two houses in question, see Exhibit #1 Approved Site Plan for LSD 2022 0014. At the time of development approval, this location (17.50' east of the two houses in question) of the east property line was the opinion of Professional Land Surveyor Nikolay Nedkov, see Exhibit #3, and the opinion of Professional Land Surveyor Matthew D. James, see Exhibit #4. Since the neighboring property immediately to the east of proposed Lots 9E and 9F most recently platted lots showing the east line of Lot 9E and 9F to be approximately 3.86' east of the two houses instead of 17.50', any subsequent surveys must yield to this line unless legal recourse is sought. This is why the east line of Lots 9E and 9F is shown 3.86' east of the houses on the Exhibit #2 Proposed Lot Split LSP 2023 0030. No legal recourse would be necessary if this requested variance is approved or determined to not be necessary. The rear setbacks for Lots 9E and 9F are regulated by UDC 161.29(E) (setbacks for the Neighborhood Conservation Zoning Regulations) which requires a 5' rear setback and / or a setback 12' from the centerline of an alley, it is not clear which would apply in this situation. Further, UDC 164.22(E)(4)(c) requires the same of the original parent tract boundaryiwhich has moved with development in this unusual case and the east line of Lots 9E and 9F are no longer the original parent tract boundary. At building permit application of Lots 9E and 917, Mr. Umburger verbally stated that the setbacks in question would not apply to the east property line of Lots 9E and 9F after development or at the time lot split application. This was likely stated because the shared private drive / alley / access easement is a part of the development or being utilized by the development thus making the property line an internal property line. There are no required setbacks from internal property lines for cluster developments, only required distances between structures. It could be interpreted that the 5' rear setback should be applied to the "original parent tract boundary" as shown on Exhibits #1, #3, and #4 or that a 12' setback from the centerline of the alley should be applied, none of which would be encroached upon by the houses on Lots 9E and 9F. It could be interpreted that the east line of Lots 9E and 9F is an internal property line and therefore no setback would apply or encroachment exists. Or it could be interpreted most 100 West Center Street Suite 300 Fayetteville, ABWrI � stments st 7, 2023 479.790.a Item 2 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 8 of 21 Letter to Jessica Masters RE: LSD 2022 0014 Lots 9E and 9F Variance Requests July 17, 2023 conservatively that that a 5' setback should be applied to the east property line of Lots 9E and 9F as shown on Exhibit #2 Proposed Lot Split LSP 2023 0030, which show portions of the houses on Lots 9E and 9F encroaching the setback by 1.14' and the requested variance would be required. Assuming the most conservative interpretation does apply, the variance is requested and if approved will have no adverse impact on services or neighboring properties given the location / proximity of the shared driveway / alleyway / access easement, and has no adverse impact because 35.00' feet exists between the structures in question and the nearest existing structure to the east. Thank you for considering this request. Please let me know if you have questions or if additional information is needed. 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RlSzorvs. Iry MALFLOoosFVSAgo.N oN Ie Ep�Accoap: IFLopD IzilLi q���gao�GgounolNOl noNsoFurl�ESANoq�olLvgvAlaB I REFERENCE DOCUMENTS LEGEND ropwlno eo„rvogxviwF --------_ gAwAcsaisF.saunugs x o iu sov[guv dsrgxT � r[w. a000zorv[q G yr — [ucxr cmmurv[ � w o x F — I[crg¢uxe OF x x o Agxsg ewiowxsEre I"`C �5 iE ai[ 5 0 0 aExcx,..gx EXHIBIT #2 7/17/23 SEE LARGE SCALE DEVELOPMENT LSD-2022-0014 11 .gip \MST CERTIFICATE OF SURVEY AND ACCURACY �EroF q�rh, R(/' pg pzzih 4�yh�bt NO�l9 xmrvaS xEpuF. � � 9i9�Fnx9lnz. Bvn,s sueolvlslorvemuunorvsprrrvscmor rgrsnsvlcLl=.aexansgs. `q.,q nn 3u 5 gr ry!�<4:. �� oArs ncoi—nm IN. sunrtvoq I—RESS. cono wm�ron }, MM„�n�m� yhh'FAL LAND h IIII1111U11Axr�� DRAWING NO. TOTAL SITE DEVELOPMENT, LLC REVISIONS DRAWING INFO. NWA-100-0332 Board of Adjustments LOT SPLIT PLAT oA,E t zllorz3 w/K�M w5311 VILLAGEPKWV August 7, 2023 SHEET NUMBER SOUTHERN WOODS PH25UBDVISION oRrvEn«Eo er: rvNIROGERB, AR ]2]58 1 CLUSTER HOUSING DEVELOPMENT z3aoz3 pv479.286.8181 Agenda Item 2 oeooK PARCEL NO. 765-14759-000 BOAA26MM09 (0WJ* D VELOPMENT) OF 3 OLD FARMINGTON RD, FAYETTEVILLE JOB NUMBER: 23R-30 WASHINGTON COUNTY, ARKANSAS ®coE+glgx— Engi^=¢FIFO bey-d. ° Page 12 of 21 — I I HILLSIDE HILLTOP OVERLAY DISTRICT I 6 a wAa E � suvnnw.vmz.zo w I I e HILLSIDE/HILLTOP rnrnren �avzn°a ° /� OVERLAY DISTRICT I I 8B7DD'40•E HILLSIDE/TO H.'LLP OWMAY DISTRICT I I I I gh I Ez3� I I I �I I I I I I I I I I I I I 0- HILLSIDE OVERLAY DISTRICT REMAINDER TRACT E�sos3x� � 3.,P:o�EA I essvzszn I I� x rnrsnsviuE.nAnma HILLSIDE HILLTOP OVERLAY DISTRICT OVERLAY DISTRICT MATCH LINE Ll G, PARENT TRACT �1 �r FEMAFLOOD A° w sEovs oso a sm �' ZONEA o Aa II � D II IItN DETAIL'A' --- L---------- TEMAAl FLOOD ZONEA EXHIBIT #2 7/17/23 ,F,q,.h oT GRAPHIC SCALE 4phgRNANSP�'c' hyhl�Anv p �� �xa-sous. aaysvrssr "�mmn.�o hh�� uTnin ��� DRAWING NO. TOTAL SITE DEVELOPMENT, LLC REVISIONS DRAWING INFO. NWA-100-0332 Board of Adjustments LOT SPLIT PLAT DAB t 7llofi Mw/KTtit 5311 W. VILLAGEPKWV August 7, 2023 SHEET NUMBER SOUTHERN WOODS PH25UBDVISION oaEEn«eD sr: HNMROGERB, AR ]2]58 2 CLUSTER HOUSING DEVELOPMENT De oeooK nvTsaPa3 479286.8181 Agenda Item 2 PARCEL NO. 765-14759-000 BOW/�AYMM09 ( DEVELOPMENT) OF 3 OLD FARMINGTON RD, FAYETTEVILLE IORNumRea: 7aRonoo3o WASHINGTON COUNTY, ARKANSAS ®_°��°�*°wx,��==oxs EDgI^==nDgbeY^^a'" Page 13 of 21 LOT,.. -- — HILLSIDE/HILLTOP OVERLAY DISTRICT RAW LISE 1 OVERLAYD TnCT SOUTHERN WOODS PHz SUBDIVISION CLUSTER HOUSING DEVELOPMENT — — ® a L---- — ----$ — _wTULSAST. Os D<.aE 4—CN �T Qo AE.. — — j j Ia I QTT.. a6, rt --I= M Iw j 1 _ — E �sa m e, e66D. TT.. ar,ul LZ OT, M ` o a ,A�t mI .EI 1 _ k t A— III LTqE �\ i -- �LO17T �' .I oar H + ,ss.,s�so, rr. o. a,WlsD.eeaAc.. .' y 0 b E , ,n W PLAO a'ro ��� / rew O� �u'ro✓�s�enH �n Ai''� \ oannc+ I ML ra ✓a zre� n— CR= .os­sp. 644��"" Lar an ys2 Tr._ E ��DETAIL"B' r � 1 O \ QS X14a7 oiocn>�E EXHIBIT # 2 xA. �� 7/17/2 3 GRAPHIC SCALE 52W„ 'Alv%Oac PARCEL ID — 1476— rnrcDe iue. AA 7—o HILLSIDE HILLTOP OVERLAY DISTRICT Lar 311 A I`I LOT,F O'L DRAWING NO. TOTAL SITE DEVELOPMENT, LLC REVISIONS DRAWING INFO. NWA-100-0332 Board of Adjustments LOT SPLIT PLAT 1— t zllofi ww/KLw7 5311 EVILLAGEPKWV August 7, 2023 SHEET NUMBER SOUTHERN WOODS PH25UBDVISION oaDEn«eo sr: Hr.H ROGERB, AR ]2]58 3 CLUSTER HOUSING DEVELOPMENT De oeooK ovranoa3 479.286.8181 Agenda Item 2 PARCEL NO. 765-14759-000 l3dAA-2B�"�`M09 ( D VELOPMENT) OF 3 OLD FARMINGTON RD, FAYETTEVILLE IORD_I1 TaRo2— WASHINGTON COUNTY, ARKANSAS E^gill1mgbey^^a'" Page 14 of 21 a� IB<» 3a°ad �«< ad •�a3°°d u,>,d ��,� .M IIE� oamlaa s3laoidaoed� saonanans sa33alorva i L� J s6sWM 'UwMOO 14MM Istlb TrMa,L RWH do AJD Z '1O otlola mHoi V1Ntld (no Al, oza AaAAM l , DIHdHaDwo.L AdvcNaO8 MO -WI -VAIN saLVDOSSV V HON U NOSrdUVH °N �°""a °-°<°z 1111a,��.°, ^ o p„� �nb III I I I I I I II II 1 I I III I I I I I � a, a4m �$oa�e I„�Ilillllllllllllliiili ill�ll�lillllliiiliiill lilill�°�`3;'°°dd'�lll ; ; I; � 'Ij=''__eX,e I r III I II I mk �_ IIIII III _"val I/ I I I I I I I IIIIII I I I I I I IIIII I I I i I I I �' ;li'II'ii�l'iill(i„_,�«�„n;ry��llil�liilll i l l l `Is Rdo� _��� i��l�r11rlili�i�li�il'll Mgo " os�pa Or) I I I N 4 oa��a�48�$ 40'y0 €F Ug�!mg-, � �FOW�aa€�;� W � ^P �' spa"e„¢,e; oaa$t= Qo sa /IIl/i/ p%il it / FW�<��m `i>; ' III Illd l / / I I F s�= O-1 8 g �oF rt u1111,11 o ol,ll( 4 / /I dl,u m ca FAs r tsn i i i Illiill� fill IN/pill.' �' s W ',, y g VT W— _� e $ III h -, 'nli=8 pa £ o� �c:s apj�....od'sga� � _>., llll lIll i/iiii�lilll.�����=���%:ice/ li e= dR Iry k r a 10 I0 z �I -------------- a �MWH `` newa=m QS Woe��< ko.ORE k�.w .... `•gyp" 01 ZZ- �gbp €k�,Qas bGa kk ,_eas � � €j^=� �o£ma.� ,a� ;r3.e 0 om Rya a€tl .`, �R3 oR33� F_•Q k dam` <� € ^.- 3_0 -�kW-ak €=aa"sbQe�FW =„Starr ,—H.-M.—_ ce.€�'a s ea�ao` ~ s$ €` a�,� €�so=<= esW= €dam ;i. tlgen€fie€ rv<$€ 6m y3�3 tla8®€���€��www`W� €'$ . kgk xo IIIII atlRSe ^5� ~k€Y�����. € w�Hw R [�e� �o� a`u�x�d3dr/qq �k<gY€tleo¢�X=k�N -1 ."v, S` G`�a�"e¢`o CR €os �"f-a�'Sa=� N a�A;,Q W <�a€a= Six we aku a=�€ a ~q 5v a a~ n>Y®oe saQ ak�.o�aLL s Rya a 'aW=�Ro"-=:-m6.9kW'"� ��Oar of � August 7, 2023 4€0� osm�ssW �pss kW&w €<k.kw ea €wa' SjoWWee ="Re;e LL.. a�¢kk=��-va=w=acs eo4 eR Ag enda Item 2 okeY� w®a o€C �tlr otlbR. &. �RlyRaagb �:-`oa`Ri�5�8oz-=n Ce oj�g 9e e1�W�S�i&g"~-�_€�amfi �i v� �.5z rb tD VELOPMENT Page 15 of 21 a re samI`laa S3l3aaooiidd acaev � ad •Saa00 nnWs O� sWNVHxv 'AMco NaIDMIEVAI 3TM%aLMVA do d.I.67 Z '1O ovoi Wiloi 4avd (no M oza 7 AaAAM ass DIHdvaowQL AdvcNaO8 49I0-WI-VAW SaLVD0S'Sv V IDON xoSrdUVH °x �� v �I I CD ' / 8 lei/ IAgpGG SQ � / / I I 1 \\\\\\\ alas A Z; �Wz�� \ m=s`sa $ s� -3 whhnii a �", m�- cy.) anv ^.�:a- T \C -- -OAS �3oarc� of Adjustments m August 7, 2023 BOP 023-0009 (TOT Agenda Item 2 SITE D VELOPMENT) Page 16 of 21 S48.10'24"W STONE S17.34'54"E 42.75'-\ _x PIPE 30.11' - 249.54' x x 1/2"REBAR N87.04'54"W NW CORNER 12' REBAR NE 1/4 NW 1/4 SECTION 19 T-16N, R-30.W EXHIBIT #4 7/17/2 3 ,�y CEItTuJ o y m C9� ro to Cy _ � s �� rI00d c ! O 1 O N 7 Q p CD V^a�S (7 7-co ND k (D 4, z O li O T N �N O � �02Id PIPE 19.42'1 N87.11'19"W l2" 112" REBAR �30.00' P.O.C. COMPUTED POINT NE CORNER NE 1/4 NW 1/4 SECTION 18 T-16-N,R-30.W O y N x -z 1/2^ REBAR 12- PIPE i NE 114 NW 114 20.10 ACRES+/- € irz^ \PARCEL: 765-14759.000 820.40ACRES +/- I i I" B R \EO *s ] 8,702GSQ. 1"F34E4.7E'25T�6+"/ v_ I46.9 REBA,/2' REBAR 12- REBAR AHED i PIPE 12^REBAR FLOOD ZONE ill" REBAR HEO W ° I I ONE STORY ' e p I I HOME z 1/2^ REBAR -1 523.14'52"E N77.31'04"E So ROAD EASEMENT 61.11' 35.12'S12°5. PER PLAT ODR2832 25.00' I S72°52'14"W rg�p� 113.60' 1/2" RE ( I APPROXIMATE pig \ LOCATION OF �„ S75.31'23"W \ \ APPARENT 177.51' ' \ \CEMETERY FO \ M1NG.IGN S74.2203"W 130.27' S65.11'04"W 95.60' 2' REBAR 1.35' EAST OF S59.19 LINE 23.30' S55.00'06"W COTTON PICKER SPINDLE 161.95' Vicinity Map N.T.S. 6 ec b a�i i ammb�-I o I - "oya.,^^awa - " ves nu n a., ca _ SURVEY DESCRIPTION 112" REBAR REBAR 1/2" REBAR CAP A PART OF THE SOUTHEAST QUARTER (SE 114) OF THE NORTHWEST QUARTER (NW 114) AND PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF THE NORTHEAST QUARTER (NE 114) OF THE NORTHWEST QUARTER (NW 114) OF SAID SECTION 19; THENCE NORTH 87-1119" WEST A DISTANCE OF 00.00 FEET TO A FOUND I/2^ REBAR BEING THE POINT OF BEGINNING; THENCE SOUTH 02-30- WEST A DISTANCE OF 210.20 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 87-23-03" EAST A DISTANCE OF 335.98 FEET TO A FOUND PIPE; THENCE SOUTH 02-08'53" WEST A DISTANCE OF 706.11 FEET TO A FOUND 1/2^ REBAR; THENCE SOUTH 76-5345^ WEST A DISTANCE OF 134.91 FEET TO A FOUND 11T REBAR; THENCE NORTH 1V-1- WEST A DISTANCE OF 95.39 FEET TO A FOUND 5/B- REBAR; THENCE SOUTH 75-37'04" WEST A DISTANCE OF 92.11 FEET TO A FOUND PIPE; THENCE SOUTH 76'44'2W WEST A DISTANCE OF 213.75 FEET TO A FOUND 1/2REBAR; THENCE SOUTH 23-14'52" EAST A DISTANCE OF 149.35 FEET TO A FOUND 149.35 FEET TO A FOUND VZ' REBAR; THENCE SOUTH 23.14'5T EAST A DISTANCE OF 61.11 FEET TO A SET 5/8- REBAR PLS 1845; THENCE NORTH 77-31'04- EAST A DISTANCE OF 35.12 FEET TO A SET 5/8^ REBAR PIS 1845: THENCE SOUTH 12-55'10' EAST A DISTANCE OF 25.00 FEET TO THE CENTERLINE OF OLD FARMINGTON ROAD; THENCE ALONG THE CENTERLINE OF SAID ROAD SOUTH 75'3l'23" WEST A DISTANCE OF 177.51 FEET; THENCE SOUTH 74'2Z03" WEST A DISTANCE OF 130.27 FEET; THENCE SOUTH 72.5T14^ WEST A DISTANCE OF 113.60 FEET; THENCE SOUTH 65-11'04" WEST A DISTANCE OF 95.60 FEET THENCE SOUTH 59.14'4V WEST A DISTANCE OF 23.30 FEET; THENCE SOUTH 55"00'W" WEST A DISTANCE OF 181.95 FEET TO A FOUND RAIL ROAD SPIKE; THENCE LEAVING THE CENTERLINE OF SAID ROAD NORTH 02-27'07" EAST A DISTANCE OF 781.12 FEET; THENCE SOUTH 87'03'11^ EAST A DISTANCE OF 46.97 FEET TO A FOUND 1/2^ REBAR; THENCE NORTH 34-54'40" EAST A DISTANCE OF P19.93 FEET TO A FOUND PIPE; THENCE NORTH 17-37'4T' WEST A DISTANCE OF 309.10 FEET TO A 12' REBAR; THENCE SOUTH 87-11'19^ EAST A DISTANCE OF 443.29 FEET TO THE POINT OF BEGINNING CONTAINING 20A0 ACRES OR 888,702 SQUARE FEET MORE OR LESS. SUBJECT TO A NY EASEMENTS OR RIGHT-OF-WAYS OF RECORD OR FACT. State Filing Code: 500-16N-30W-0-19-400-72-1845 MONUMENT FOUND (AS NOTED) © CABLE RISER . NWVWWWVI ""' RECORDDISTANCE TREE LINE c GAS LINE 0MONUMENT SET (S(8^REBAR W/CAP) TRAFFIC SIGNAL ""'"""�RECORDBEARING 0 WOOD FENCE *" TELEVISION CABLE 2A AHTD R-O-W MONUMENT SIGN SANITARY SEWER MANHOLE o CHAIN LINK FENCE PROPERTY LINES Q T OBENCHMARK WATER METER DECIDUOUS TREE x WIRE FENCE BUILDING SETBACK T Z GUARD POST WATER VALVE ® EVERGREEN TREE - - PAINTED STRIPE AF� UTILITY POLE (WITH GUY WIRE) s O UTILITY POLE FIRE HYDRANT TELEPHONE LINE QT TELEPHONE RISER WATER SPIGOT -� EXISTING WATER LINE Q FIBER OPTIC TELEPHONE RISER �c) GAS METER oxe OVERHEAD ELECTRIC LINE ELECTRICAL RISER 0 DRAINAGE MANHOLE UNDERGROUND ELECTRIC LINE B\ 100 0 100' SCALE: 1" = 100' W " 1l2"REBAR PLS 1005 �W /T REBAR Notes; 1. Except as specifically stated or shown on this plat, the rvey does not purport to refiecl any of the following which may be applicable to the subject real estate: Easements, other than possible easements which were visible at the time of making of this survey; building setback lines; restrictive covenants; subdivision restrictions; zoning orother land -use regulations, or any other facts which an accurate and current title search may disclose. 2. Every dowmenl of record reviewed and considered as a part of this survey is noted hereon. Only the documents noted hereon were supplied to the surveyor. 3. This plat represents a boundary survey of the parcel recorded in Deed Records, Book 1349, Page 639 and Book 2020, Page 22395 at the Once of the Circuit Clerk Washington County, Arkansas. 4. The contractor must determine that proposed structures am clear of all boundary lines, easements, and meet building setback requirements before construction begins. S. Basis of Bearings: Arkansas State Plane System North Zone(NAD83). 6. This survey is valid only if the drawing includes the seal and signature of the surveyor. 7. This survey meets current "Arkansas Minimum Standards for Property Boundary Surveys and Plate.- B. This survey is based on a Title Commitment #2021201-123 supplied by Waco Title Company, and dated December 6, 2020, 7:00 am. 9. Declaration is made to the original purchaser of the survey and is not transferable to any additional institutions or subsequent owners. 10. No attempt was made to Show building setback lines graphically on the survey. Setback dimensions are based on the orientation of the building(s) to be constructed. 11. Subsurface and environmental cord fions were not examined nor considered a part of this survey. 12. No attempt has been made as a part of this boundary survey to obtain or show data concerning existence, sae, depth, condition, capacity, or location of any utility or facilities. 13. (BY GRAPHICAL PLOTTING ONLY) A podion of this property is located within the presently established 1 00year food plan as determined by the National Flood Insurance Program flood insurance rate map for Washington County, Arkansas Map Number 05143CO215F Revised data 05/16/2008 _ 3 a Board of Adjustments August 7, 2023 Agenda Item 2 0 9 JOIX SITE DEVELOPMENT) Page 17 of 21 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 18 of 21 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 19 of 21 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 20 of 21 BOA-2023-0009 (TOTAL SITE DEVELOPMENT) Page 21 of 21