HomeMy WebLinkAboutOrdinance 4490 ORDINANCE NO, 4490
AN ORDINANCE ESTABLISHING A COMMERCIAL
PLANNED ZONING DISTRICT TITLED C-PZD
03-02.00 LOCATED AT THE SOUTHWEST CORNER OF
FINGER ROAD AND HWY. 62; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
DEVELOPMENT PROJECT AS APPROVED BY THE
PLANNING COMMISSION AND AMENDED BY THE
CITY COUNCIL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is
hereby changed as follows:
From R- 1 , C-2, Thoroughfare Commercial, R-O, Residential
Office, and R-2, Medium Density Residential to C-PZD 03-02.00 as
shown in Exhibit "A" attached hereto and made a part hereof.
Section 2. That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the Planned Zoning
District plans for Lowe's Home Center and approved by the Planning Commission on April
28, 2003, as amended by the City Council to remove the requirement for a monument sign
and reinstate Condition of Approval #3 as recommended by the City Planning Division , and
to change Condition of Approval # 13 requiring installation of a traffic signal at the cost of
the developer prior to issuance of the certificate of occupancy and replacing that with a
requiring the developer to deposit the cost of the traffic signal with the City pursuant to
U.D.O. § 158.01 until such signal is authorized to be installed by the Arkansas Highway and
Transportation Department.
Section 3 . That this ordinance shall not take effect and be in full force until all
conditions of approval for the development are met.
Section 4. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
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Doc ID : 005115420003 TVDe : REL
Recorded : 07/09/2003 at 11 : 29 : 45 AM
Fee Amt : $14 . 00 Pace 1 of 3
Vashlnaton county . AR
Bette stamps circuit clerk
F11e2003-00036026
Ord. No. 4490
Page 2
PASSED and APPROVED this the 3rd day of June, 2003 .
pYETT +„
F .` twAPPROVED:
Ck
DAN COODY, M or
A
Sondra Smith, City Clerk
EXHIBIT "A"
PART OF THE NORTHWEST AND THE SOUTHWEST QUARTERS OF SECTION 19,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5T" P.M., CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS
FOLLOWS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE NORTH 88008158" WEST 42.94 FEET ALONG THE SOUTH LINE OF SAID
NORTHWEST QUARTER TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY
LINE OF FINGER ROAD SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88008 '58" WEST 387.36 FEET ALONG SAID SOUTH
LINE; THENCE SOUTH 2001120" WEST 238.81 FEET; THENCE SOUTH 88°08 '33"
EAST, 294.91 FEET; THENCE SOUTH 23°09'36" WEST 107.33 FEET; THENCE
NORTH 88008133" WEST 456.01 FEET; THENCE NORTH 1 '5 I '27"EAST 100.00 FEET;
THENCE SOUTH 90000'00" WEST 62.76 FEET; THENCE SOUTH 1 °02 '36" WEST
39.63 FEET; THENCE SOUTH 54047'38" WEST, 195.89 FEET; THENCE NORTH
88057'24" WEST, 409.39 FEET; THENCE NORTH 42046'02" WEST, 76.30 FEET;
THENCE NORTH 88057'24" WEST, 50.47 FEET; THENCE NORTH 38042 ' 54" WEST,
62.44 FEET; THENCE NORTH 1 °02'36" EAST, 39.45 FEET; THENCE SOUTH
90000100" WEST, 28.97 FEET; THENCE NORTH 1002 '35" EAST, 656.56 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY OF US HIGHWAY 62; THENCE NORTH
74035155" EAST 1160. 14 FEET ALONG SAID SOUTH RIGHT OF WAY; THENCE
SOUTH 103 1 '48" WEST, 179.34 FEET; THENCE SOUTH 88026' 54" EAST, 290.31 FEET
TO A POINT ON THE WEST RIGHT OF WAY OF FINGER ROAD; THENCE SOUTH
1049'53" WEST, 558.04 FEET ALONG SAID RIGHT OF WAY TO THE POINT OF
BEGINNING. CONTAINS 26.934 ACRES OF LAND, MORE OR LESS .
AND ALSO:
PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH,
RANGE 30 WEST OF THE 5T" P.M., CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 1004104" WEST, 23.26 FEET ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 1004'04" WEST, 386.66 FEET ALONG SAID EAST LINE TO THE
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE
18, WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE; THENCE NORTH
8801415691 WEST, 165 .65 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE
NORTH 24°21 '49" EAST, 418.83 FEET TO THE POINT OF BEGINNING CONTAINING
0.735 ACRES OF LAND, MORE OR LESS.
TOTAL ACREAGE: 27.669 ACRES, MORE OR LESS.
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NAME OF FILE: Ordinance No. 4490
CROSS REFERENCE:
Item # Date Document
1 05/06/03 Staff Review Form w/attachments
draft ordinance
memo to Mayor/City Council
memo to Planning Commission
copy of PC minutes for C-PZD 03-2.00
Close up View
One Mile View
Peters & Assoc. memo to Tim Conklin
Ozark Civil Engineers, Inc. map
2 06/11 /03 1 memo to Dawn Warrick
3 06/27/03 lAffidavit of Publication
NOTES:
7/9/2003 filed with Washington County Circuit Clerk
STAFF REOW FORM - NON-FINANCIAL OBLATION 'P a`d"(0 /�/�
Qot,d tLt y16
x AGENDA REQUEST ' P?iD n3 � 6A, bZ
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For the Fayetteville City Council Meeting of: May 20, 2003
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED: Ordinance Approval
SUMMARY EXPLANATION:
C-PZD 03-2.00 submitted by Lance Mills on behalf of Lowe's Home Centers, Inc. for property located at the
southwest comer of Finger Road and Highway 62. The property is zoned C-2, R-O, and R-2 containing
approximately 27.669 acres. The request is for a Commercial Planned Zoning District for a Lowe's Home
Center on a lot containing 13.62 acres (133,532 sq.ft. building), retail lots containing 6.05 acres (53 ,876 sq.ft.
building proposed) and 1 .3 acres (future development), a 2.05 acre detention area and 4.59 acres of tree
preservation.
STAFF RECOMMENDATION: Approval
A �,� ��. � �q Received in Mayor's Office
Divi ion Head at Date
City Atto D . e
A e Cross Reference:
Department Pirector Date
Previous Ord/Res#:
inance & Internal Services Dir. Date Orig. Contract Date:
2 -0.1 Orig. Contract Number:
Chie inistrafve Officer Date
New Item: Yes No
Mayor D to
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A COMMERCIAL
PLANNED ZONING DISTRICT TITLED C-PZD 03-02.00
LOCATED AT THE SOUTHWEST CORNER OF FINGER
ROAD AND HWY. 62; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF FAYETTEVILLE; AND
ACCORDING TO THE ASSOCIATED DEVELOPMENT
PROJECT AS APPROVED BY THE PLANNING
COMMISSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: //�
Section 1 : That the zone classification o" f the following described-property is
hereby changed as follows: G \
Froui R-1, C-2, Thoroughfare Commercial, R \si/dential Office, and R-2, Medium
Density Residential to C-PZD 03-02.00-as shown in Exhibit "A" attached hereto and
made a part hereof.
Section 2. That the change in classification is based upon the
approved master, development plan and development standards as shown on the
Planned Zoning District plans for Lowe's Home Center and approved by the Planning
Commission on April 28, 2003. )
Section'3: That.this ordinance shall not take effect and be in full force until
all citiOns of approv\for\ development are met.
Section 4. That the official zoning map of the City of Fayetteville, Arkansas,
is hereby a\ded to reflect the zoning change provided in Section 1 above.
PASSED.ANDAPPROVED this day of 92003.
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
PART OF THE NORTHWEST AND THE SOUTHWEST QUARTERS OF SECTION 19,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5T" P.M., CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE NORTH 88008158" WEST 42.94 FEET ALONG THE SOUTH LINE OF SAID
NORTHWEST QUARTER TO ITS INTERSECTION WITH TH&W:EST RIGHT OF WAY
LINE OF FINGER ROAD SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88008'58" WEST 387.36 FEET SAID SOUTH
LINE; THENCE SOUTH 2001 '20" WEST 238.81 FEET; THENCE SOUTH 88°08'33"
EAST, 294.91 FEET; THENCE SOUTH 23°09'36 WEST 107.33\FEET; THENCE
NORTH 88008 '33" WEST 456.01 FEET; THENCE NORTH 1 °51 '27"EAST 100.00 FEET;
THENCE SOUTH 90000100" WEST 62.76 FEET; THENCE SOUTH�1 °0236" WEST
39.63 FEET; THENCE SOUTH 54°47'38"'WEST, 195.89\FEET; THENCE NORTH
88057724" WEST, 409.39 FEET; THENCE NORTH442°46'02" WEST 76.30 FEET;
.THENCE NORTH 88057124" WEST, 50.47 FEET; THENCE NORTH 38042'54" WEST,
62.44 FEET; THENCE NORTH 1\02. 366' EAST, 39i 45\FEET; THENCE SOUTH
90000900" WEST, 28.97 FEET; THENCE NORTH 1002' 35
656.56 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY OF US�HIGHWAY 62; THENCE NORTH
74035155" EAST 1160. 14 FEET ALONG\SAID SOITI'H;RIGHT OF WAY; THENCE
SOUTH 1031 '48" WEST,-L79.34 FEET; THENCE SOUTH 88026'54" EAST, 290.31 FEET
TO A POINT ON THE VVEST�RIGHT OF WAY OF FINGER ROAD; THENCE SOUTH
1049' 53" WEST,<,558 04,FEET ALONG SAID.RIGHT OF WAY TO THE POINT OF
BEGINNING. CONTAINS,26.934�ACRES OELAND, MORE OR LESS.
AND AL/SO
\�f r
PART OF, THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH,
� .: ;• THy
RANGE 3022� ST OF THE 5 P.M., CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS:
COMMENCINGAT THE/NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
VN ii
THENCE SOUTW400.4304" WEST, 23 .26 FEET ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 1004'04" WEST, 386.66 FEET ALONG SAID EAST LINE TO THE
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE
18, WASHINGTON COUNTY CIRCUIT CLERK' S OFFICE; THENCE NORTH
88014' 56" WEST, 165.65 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE
NORTH 24°21 '49" EAST, 418.83 FEET TO THE POINT OF BEGINNING CONTAINING
0.735 ACRES OF LAND, MORE OR LESS.
TOTAL ACREAGE: 27.669 ACRES, MORE OR LESS.
FAYETTEtILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs.
DATE: May 5, 2003
Project: C-PZD 03-2.00: Planned Zoning District (Lowe's, 557/596) was submitted by Lance
Mills of Ozark Civil Engineering, Inc. on behalf of Lowe's Home Centers, Inc. for property
located at the southwest corner of Finger Road and Highway 62. The property is zoned C-2,
Thoroughfare Commercial, R-O, Residential Office, and R-2, Medium Density Residential
containing approximately 27.669 acres. The request is for a Commercial Planned Zoning District
for a Lowe's Home Center on a lot containing 13 .62 acres ( 133 ,532 sq.ft. building), retail lots
containing 6.05 acres (53 ,876 sq ft building proposed) and 1 .3 acres (for future development), a
2.05 acre detention area and 4.59 acres of tree preservation.
BACKGROUND
The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center containing
13 .9 acres ( 133,532 sq. ft. building) and a retail out lot containing 6.057 acres with 53,876 square
feet of retail space.. Another out lot for future development ( 1 .3 acres) is also being proposed with
this PZD. There are 4.59 acres of tree preservation and 2.051 acres of shared detention proposed.
This item must also be heard at City Council pursuant to the requirements for a PZD.
Use Lot Area
Lowe's 13 .62
Dorado retail stores 6.057
Out lot (future development) 1 .3
Tree Preservation 4.59
Shared detention area 2.051
CURRENTSTATUS
On April 28, 2003, the Planning Commission voted 7-0-0 to forward this item to the City Council
with a recommendation for approval of the C-PZD zoning contingent upon the approved
development plan.
RECOMMENDATION
Staff recommends approval of the requested C-PZD.
K.WeporuI20031CC REPORTSIMay meeringA5-20-0A,pzd 03-I_16we's_ccdw
• • C-PZD 03-2.00
Page 1 of 16
PC Meeting of April 28, 2003
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Lowe's, C-PZD
113W. Mountain St.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP, Zoning and Development Administrator
FROM: Sara Edwards, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: April 24, 2003
Project: C-PZD 03-2.00: Planned Zoning District (Lowe's, 557/596) was submitted by Lance
Mills of Ozark Civil Engineering, Inc. on behalf of Lowe's Home Centers, Inc. for property
located at the southwest comer of Finger Road and Highway 62. The property is zoned C-2,
Thoroughfare Commercial, R-O, Residential Office, and R-2, Medium Density Residential
containing approximately 27.669 acres. The request is for a Commercial Planned Zoning District
for a Lowe's Home Center on a lot containing 13.62 acres (133,532 sq.ft. building), retail lots
containing 6.05 acres (53,876 sq ft building proposed) and 1 .3 acres (for future development), a
2.05 acre detention area and 4.59 acres, of tree preservation.
Findings:
Proposal: The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center
containing 13 .62 acres ( 133,532 sq. ft. building) and a retail out lot containing 6.057 acres with
53,876 square feet of retail space. There is a lot being split with this PZD which is lot 2B to be
developed later. There are 4.59 acres of tree preservation proposed.
Parking: Lowe' s: 598 spaces
Retail: 304 Spaces
Existing Development: None
Surrounding Zoning: North: A-1
South: R- 1
East: C-2
West: R-0
Surrounding Land Use: North: Retail and Agriculture
South: Residential
East: Retail
West: None
Water: A 12" water line running east to west along Sixth Street
Sewer: A 8" Sanitary Sewer line running east to west along Sixth Street
• . C-PZD 03-2.00
Page 2 of 16
Right-of-way being dedicated: 55 ' of Right of Way is being proposed along Sixth Street
Street Improvements Proposed: None
Adjacent Master Street Plan Streets: Sixth Street is a principle arterial and requires 110' of
Right of Way.
Site Coverage: 84%
Tree Preservation: 4.59 acres of on-site tree preservation is being proposed.
Existing canopy: 69%
Preserved canopy: 15%
Required in C-2 zone: 15%
Other: On site detention is proposed. The proposal is for a regional detention pond to the south
of the property being purchased by Lowe' s, which will serve this development as well as
future development.
Wetland mitigation is proposed offsite and has been approved by the Corp of Engineers.
Recommendation: Forward to City Council with recommendation of approval of the
requested rezoning.
Planning Commission approval of the proposed development subject to
the conditions listed below.
Conditions of Approval:
1 . An ordinance creating this C-PZD shall be approved by City Council.
2. Covenants shall be filed which provide for maintenance of parking areas and greenspace.
3. All signage proposed on site shall comply with Chapter 174, Signs of the Unified
Development Ordinance and shall be permitted accordingly.
4. Planning Commission determination of the requested waiver to allow for parking spaces
wider than nine feet. The request is for several 10 foot wide spaces to accommodate
contractor parking.
5 . Planning Commission determination of the requested waiver to allow for aisles wider
than 24 feet in width. The proposal is for aisles up to 55 feet to accommodate truck
traffic.
6. Planning Commission determination of requested waiver from the requirement of a
landscape island along the front of the building.
7. ADA spaces shall be redistributed along the retail stores as shown on development plan.
• • C-PZD 03-2.00
Page 3 of 16
8. Landscape islands shall be added near the ADA spaces.
9. Sidewalk fees in the amount of $ 12,394.62 in lieu of sidewalk construction along the tree
preservation areas. Staff is recommending that a fee be assessed in lieu of construction to
avoid tree removal in these areas.
10. A continuous planting of shrubs is required adjacent to parking lots along the right of
ways.
11 . The tree preservation easement must be filed prior to issuance of any permits for the
proposed project.
12. Large scale development approval is required for development of lot 2B.
13 . A traffic signal shall be installed at the developer's expense prior to any occupancy
permit. This shall be subject to the Arkansas Highway and Transportation Department
approval and staff review.
14. Street lights shall be installed along the south side of Sixth Street every 300 feet at the
developer's expense. The street lights shall be a minimum 250 watt full cut off fixture.
15. All utilities shall be placed underground with the exception of a 14.4 KV line that exists
on Lot 2.
16. Right-of-way shall be dimensioned from centerline and include a minimum of 55 feet
from centerline along Sixth Street and a minimum 25 feet from centerline along Finger
Road.
17. Merchandise display shall be limited to that which may be displayed on the sidewalk in
front of the building. No merchandise display shall be allowed within the designated
parking areas unless prior approval is obtained by the Planning Division who will verify
that the required number of spaces are maintained and adequate traffic flow is
maintained.
18. Covenants shall be submitted in accordance with § 166.06 of the Unified Development
Ordinance prior to building permit.
19. The developer shall erect at the entrance of Sherman Way a rectangular sign, not
exceeding 24 inches by 12 inches, designating the street a "private street" which shall be
clearly visible to motor vehicular traffic.
20. Planning Commission determination of compliance with Commercial Design Standards
including signage.
SIGNAGE: The wall sign does not comply with the sign ordinance as proposed. The
ordinance prohibits signs extending more than 18 inches above roof level. The applicant
is requesting the sign to extend 46.25 inches above the roof. Board of Sign Appeals
