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HomeMy WebLinkAboutOrdinance 4528 ORDINANCE NO, 4528 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED (R-PZD 03-04.00) LOCATED ON THE WEST SIDE OF RAZORBACK ROAD BETWEEN BAUM STADIUM AND THE STATE REVENUE OFFICE CONTAINING 7.65 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN 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 of the following described property is hereby changed as follows: From 1- 1 , Heavy Commercial/Light Industrial to R-PZD 03-04.00 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 plat and approved by the Planning Commission on October 13, 2003 . Section 3 . That this ordinance shall take affect and be in full force at such time as all of the requirements of the development plan have been met. Section 4. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. .E pY EE TT PASSED and APPROVED this the 18'h day of November, 2003 . APPROV la CF s By: 40 �4 a f t DAN COODY, Mayor SONDRA SMITH, City ClerkDOC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded : 112/29/20030atr 10 02 : 32 AM Fee Amt : $11 . 00 Pace 1 of 2 Mashlnoton County . AR Bette Stamps Circuit Clerk F14003-00064825 EXHIBIT "A" R-PZD 03-04.00 PART OF THE W %z, NE '/4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID W ''/z, NE '/4 THENCE SOUTH 878 .30 FEET, THENCE WEST 119.80 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 00016 '03" EAST 451 .25 FEET; THENCE NORTH 88°48 '23" WEST 113 . 84 FEET; THENCE NORTH 88019 '47" WEST 457.98 FEET; THENCE NORTH 00°48 '44"E 583.39 FEET; THENCE N69045 ' 17"E 116.70 FEET; THENCE N00°03 '08"E 187. 19 FEET; THENCE N43027111 "E 15 .91 FEET; THENCE SOUH 00°28 '00"WEST 4.65 FEET; THENCE SOUTH 38042 '23" EAST 489.88 FEET; THENCE EAST 134.33 FEET TO THE POINT OF BEGINNING. CONTAINING 7.65 ACRES MORE OR LESS. Washington County, AR I certify this instrument was filed on 12/29/2003 10:01 :32 AM and recorded in Real Estate File Number 2003-00084825 Bette Stamps - Circuit Clerk, f by V a 0 NAME OF FILE: Ordinance No, 4528 CROSS REFERENCE: Item # Date Document 1 10/16/03 memo to mayor & city council draft ordinance memo to planning commission copy of Haley Rae Inc. covenants copy of lease copy of Close Up View copy of One Mile View staff review for for 11/4/03 mtg email from Renee Thomas draft ordinance copy of letter of tranmittal 2 11 /21/03 memo to Dawn Warrick 3 11 /24/03 Affidavit of Publication NOTES: 4 12/29/2003 failed at the Wash. Co. Courthouse NORTI-JEST ARKANSAWDITION A*amaS DeC1Y1omt V OazeW REcFFoVED NOV 2 5 1003 :ITY OF FAYETTEVILLE AFFIDAVIT OF PUBLICATION"� c`ERKSOFFICE I, , do solemnly swear that I am Legs Cl r of the Arka as mocrat-Gazette/Northwest Arkansas Times nf3wspaper, printed- And published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: l ( d � NP� No4 Nc) . was inserted in the regular editions on k li I �LH 0 � PO# OS - Ll3uq ** Publication Charge: $ Subscribed and sworn to before me this a tl day of kode *�x be , 2003. o pp ayz /1/,/61�1U1; �Aff- /� — Notary Public My Commission Expires: 0711VAO1� ** Please do not pay from Affidavit. An invoice will be sent. Official Seat SEAN-MICHAEL ARCO Notary Public-Arksas WASHINGTON COUNTY My Commission Expires 07-25-2013 212 NORTH FAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 RECEIVED Nov 2 5 2003 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE FORDIN. NDINANee NO. tep9 ' ANCEESTABUSHING A RESIDENTIAL PLANNED ISTRICT ORBA TIRED (R.pZD 034)4.00) LOCATEDON BAUM THE AND THEIDE FSTATEE REVENUEOFFlCRAZORBACK ROAD E CONiNq(NING'S, MORE OR LESS, AMENDING THE OFFICIAL4 S OF THE CRY OF FAYErFEVILLE: AND ADOPT- F'arreeaM..C'�VED B ATHE RESIDENTIAL DEVELOPMENT PIAN 7yeftw�WVED BY THE PLANNING COMMISSION, DAINED By TNs ORY COUNCIL OF TME CRY OF FAYETTe1RLLE. ARKANSAS; Section 1: That the zone otenrii atbn of pe fa1WMrlg described Pr WtY IS hereby changed as follows: From 1-1, Heavy CammeniaVught 'Wmtrlel to R-PZD 03-04.00 ee yawn In E-Mi it 'A" attached here- ' to Fend made a Pad hereof. Sectian 2. That the charge In zoning Clesslllcetlon Is based upon the APPWOd master devyopment Plan Ctober 1ano da+13. 2 nit03 starclards es shown on the plat and apPrrned by the Planning Commission on Section 3. That this ordinance snail take affect and be In hM lone at such time ea 0 of the mgUnamenta of the deelopngnt Plan have been met. Section 4. That tho otaa9ai zoning mep of the City of Fayette ne, Azkahe ae, to hereby amended to effect the zoning Change Provided In Section 1. above, PASSED 4aW APPROVED this the 18th day of November, 2003. APPROVED: BY: AN COODY, Alq By: SONDRA BMRN, Clio Clank EXHIBIT •A^ PART OF THEW _, NE _ OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICUTARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID W NE _ THENCE SOUTH 87830 FEET, THENCE WEST 119.80 FEETTO THE POIINT OF BEGINNING THENCE SOUTH 010-10W-18 ' EAST 451,25 FEET THENCE NORTH 88°48'23' WEST 113,84-FEET THENCE NORTH 88 19A7; WEST 457.98 FEET,, THENCE NORTH 00048'46•E 58339 FEET: THENCE NM045.17-E 218 70,FEEP THENCE NOD°03 08;E 187.19 FEET THENCE N43 27 11 E 15.91 FEET THENCE SOUH 00a°2800'WEST 4 85ZEET;.TFFAENCE SOUTH 38042'230 EAST 48988'.FEET: THENCE9EASIi'134:33 O THE'POINT 0FeBEG�IN , NG, CONTAINING 7:65 ACRES MORE OR-LESS S.. To-,. . / mew � _ A� City Council M*ng of November 4, 2003 &7& �{gl1L Cx� Agenda Item Number Z15'Z19 �Qu • aoD3 CITY COU&CIL AGENDA MEMO ,Q- /,za o3-o9. e� �uN6y To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator Date: October 16, 2003 Subject: Residential Planned Zoning District for Lazenby RECOMMENDATION Planning Staff recommends approval of an ordinance creating the Residential Planned Zoning District (R-PZD) for Lazenby. This action will establish a unique zoning district for development of an 8 .79 acre tract located on the west side of Razorback Road south of 6 h Street and north of Baum Stadium. The proposal is for the construction of 112 multi-family residential units with 168 bedrooms and 168 parking spaces and 15,400 s.f. of office/retail space with 57 parking spaces. BACKGROUND The subject property is currently vacant land located on Razorback Road, between 6`h Street and 15` ' Street. Surrounding land uses include commercial, manufacturing, and University of Arkansas student activities (Baum Stadium). The proposed R-PZD was heard at Technical Plat Review on August 27, 2003 and at Subdivision Committee on October 02, 2003 . Discussion at the Subdivision Committee meeting included: building elevations, office/retail structure location, Commercial Design Standards, parking and street alignment. DISCUSSION The Planning Commission voted 7- 1 -0 in favor of this request on Monday, October 13, 2003 . Approval of a planned zoning district requires City Council approval as it includes zoning (land use) as well as development approval (large scale development). Recommended conditions included in the attached staff report were approved by the Planning Commission with one addition: Signage for the commercial structures shall be wall mounted only and shall be in accordance with C district wall signage allowances as stated in Chapter 174 Signs ofthe Unified Development Code. BUDGETIMPACT None. 1 ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED (R-PZD 03-04.00) LOCATED ON THE WEST SIDE OF RAZORBACK ROAD BETWEEN BAUM STADIUM AND THE STATE REVENUE OFFICE CONTAINING 7.65 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ACCORDING TO THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE /P.LANNING COMMISSION. BE IT ORDAINED BY THE CIT COUNCIL OF\THE CITY OF FAYETTEVILLE, ARKANSAS : J� Section 1 : That the zone classification of the following descoperty is hereby changed as follows : From 1-1 , Heavy Commercial/Light Industrial to R-PZD03-04A00 as shown in Exhibit "A" attached hereto and made a part hereof: Section 2. hat the change n onmg classification is based upon the approved master development plan and development standards as shown on the plat and approved by the Planning Commission 'on -October 13, 2003. i, SectionF3` =-�- ,.,That this ordinance shall take affect and be in full force at such time as,all of the requirements of the development plan have been met. Section 4. That;the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED:A\ND APPROVED this day of , 2003. J APPROVED : By: DAN COODY, Mayor By: Sondra Smith, City Clerk EXHIBIT "A" R-PZD 03-04.00 PART OF THE W %, NE %4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID W %z, NE '/4 THENCE SOUTH 878.30 FEET, THENCE WEST 119.80 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 00016'03" EAST 451 .25 FEET; THENCE NORTH 88°48 '23" WEST 113:84 FEET; THENCE NORTH 88° 19'47" WEST 457.98 FEET; THENCE NORTH 00'48'44 "E 583 .39 FEET; THENCE N69°45 ' 17"E 116.70 FEET; THENCE N00°03/308�"E 187. 19 FEET; THENCE N43027' 11 "E 15 .91 FEET; THENCE SOUH 00°28'00",WEST�4.65 FEET; THENCE SOUTH 38042'23" EAST 489.88 FEET; THENCE EAST134.33 FEET TO THE POINT OF BEGINNING. CONTAINING 7.65 ACRES MORE OR LESS. i • • R-PZD 03-4. 00 Page 1 FAYETTEVILLE PC Meeting of October 13, 2003 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575$264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner Matt Casey, Staff Engineer THRU : Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: October 08, 2003 Project: R-PZD 03-04.00: Planned Zoning District (Lazenby, pp 560) was submitted by Landtech Engineering Inc. on behalf of Bill Lazenby for property located on the west side of Razorback Rd. between Baum Stadium and the State Revenue office. The property is zoned I- 1 , Heavy Commercial/Light Industrial, and contains approximately 8.79 acres. The request is to rezone the property to a Residential PZD (Planned Zoning District) to allow for the construction of 112 Multi-family residential units with 168 bedrooms and 168 parking spaces and 15,400 s.f. of office space with 57 parking spaces proposed. Planner: Jeremy Pate Findings: The applicant requests a rezoning and large scale development approval for a mixed use development within an R-PZD zoning district. The majority of proposed use is multi- family residential, with 112 units ( 168 bedrooms) proposed. Commercial/Office space is also proposed along Razorback Road, and an extension of the existing warehouse storage development to the northwest is requested (to be separated from R-PZD). The development wraps around existing wetlands and a large tree-canopied area on the site, most of which is being preserved in its existing natural state and utilized for stormwater detention purposes. All tree mitigation required is being planted on-site, providing for a significant amount of potential future canopy coverage. A draft of Covenants has been submitted for Planning Commission review. This item must also be heard by City Council pursuant to the requirements for a PZD. Surrounding Land Use / Zoning: Direction Land Use Zoning North State of Arkansas Revenue Office I- 1 , Light Industrial/Heavy Commercial South _ University of Arkansas Baum I- 1 , Light Industrial/Heavy Commercial Stadium, associated parking lot I-2, General Industrial East Hog Country Distributors I- 1 , Light Industrial/Heavy Commercial West Industrial warehouse, storage I- 1 , Light Industrial/Heavy Commercial Right-of-way being dedicated: 55 feet along Razorback Road (AR Hwy 112) to comply with Principal Arterial right-of-way requirements ( I 10' total) Street improvements: The State Highway Department has indicated that no improvements to Hwy 112 in this location be made at this time. Staff is recommending that the applicant install six-foot sidewalks along the property's frontage onto Hwy 112, to be installed at the right-of- K:IReporta110031PC REPORTSI10-1318-PZD La enbyW-PZD 03-0.00 (Lazenby).doc • . R-PZD 03-4. 00 Page 2 way line. In addition, street trees and a continuous planting of shrubs are proposed to screen the parking adjacent to the right-of-way. Adjacent Master Street Plan Streets: AR State Hwy 112 (Razorback Road), a Principal Arterial Tree Preservation: . Existing canopy: 19.5% Preserved canopy: 12.2% Required: 15.0% Mitigation: 96 trees, on-site mitigation Background : The subject property is currently vacant land located on Razorback Road, between 6 h Street and 15'h Street. Surrounding land uses include commercial, manufacturing, and University of Arkansas student activities (Baum Stadium). The proposed R-PZD was heard at Technical Plat Review on August 27, 2003 and at Subdivision Committee on October 02, 2003 . Discussion at the Subdivision Committee meeting included: building elevations, office/retail structure location, Commercial Design Standards, parking and street alignment. Recommendation: Forward to the City Council with a recommendation for approval of the requested rezoning. Planning Commission approval of the proposed development subject to the following conditions: Conditions of Approval: 1 . Planning Commission recommendation to the City Council regarding the rezoning of the subject property to the unique district for R-PZD 03-4.00 with all conditions of approval as determined by the Planning Commission. 2. An ordinance creating this R-PZD shall be approved by City Council. 3 . Planning Commission determination of Commercial Design Standards for the commercial/office structures. 4. All utilities shall be placed underground. All utility easements shall be verified by utility representatives with the easement plat process, to ensure adequate easements have been indicated on the plat. 5. All signage proposed on site shall comply with Chapter 174 Signs of the Unified Development Code and shall be permitted accordingly. K. IRepor&2003WC REPORTS1/0-1318-PZD Lazenby1R-PZD 034.00 (Lazenby).do • • R-PZD 03-4. 00 Page 3 6. Covenants shall be filed which provide for maintenance of parking areas, private streets and greenspace. 7. Interior street names shall be approved by the City 9-1 - 1 Coordinator. 8. A lot line adjustment shall be processed, removing the Contractor Storage use, a use not permitted within the R-PZD zoning district, from the legal boundaries of the proposed R- PZD, prior to City Council hearing. The additional storage units, if pursued by the applicant, shall be reviewed through the Large Scale Development process for Use Unit 21 Warehousing & Wholesale, a use permitted by right in an I- 1 zoning district. Standard Conditions of Approval: 9. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 10. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 11 . Payment of parks fees in the amount of $44,016 shall be required prior to building permit. 12. Sidewalk construction in accordance with current standards to include a six foot sidewalk with a minimum ten foot greenspace along Razorback Road. 13 . Large scale development shall be valid for one calendar year. 14. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy e. Parks fees paid and/or deed recorded and copy received. K.Weports12003WC REPORM0-l31R-PZD La-enbylR-PZD 03-4.00 aL -enby).da