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ORDINANCE NO. 4804 0 00 "
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AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED <^ vNm
ZONING DISTRICT TITLED C-PZD 05-1610, EAST SQUARE0 0ON
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DEVELOPMENT, LOCATED AT THE NORTHWEST CORNER OF
MOUNTAIN STREET AND COLLEGE AVENUE, CONTAINING Q 0
JC Nwo
APPROXIMATELY 1 .01 ACRES; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF FAYETTEVILLE; WAIVING >m
ANY POSSIBLY CONFLICTING DEVELOPMENT ORDINANCES; U7 mr =_
AND ADOPTING THE ASSOCIATED PLANNED ZONING a
DISTRICT
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 C-4, Downtown Commercial, to C-PZD 05- 1610 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 development
standards as shown on the Planned Zoning District's plans, all conditions of approval determined
appropriate and approved by the Planning Commission on November 14, 2005, and the City
Council.
Section 3 : That the City Council hereby expressly waives any development ordinances that
might be in conflict with C-PZD 05-1610 including but not limited to § 166. 12 Structures not allowed
over public utility easements and § 166. 18 Master Street Plan Setbacks, and approves the
development proposal as presented herein.
Section 4: That this ordinance shall take effect and be in full force at such time as all of the
requirements of the development plan have been met.
Section 5 : 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 and APPROVED this 201h day of December, 2005.
APPRO D:
By:
DAN COODY, Mayor
By: •,.�G��RWTR Of,
SONDRA SMITH, City Clerk , ,••cyvY p� •, G�
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EXHIBIT "A"
C-PZD 05-1610
LEGAL DESCRIPTION - TRACT 5
ALL OF LOT ONE ( 1 ), LOT TWO (2), AND A PART OF LOT THREE (3), LOT
SIXTEEN ( 16), AND 11 OF LOT SEVENTEEN ( 17), LOT EIGHTEEN ( 18), LOT
NINETEEN ( 19)3 AND A PART OF THE 10-FOOT EAST-WEST ALLEY OF BLOCK
TWENTY-EIGHT (28) ORIGINAL TOWN PLAT FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT NINETEEN ( 19),
THENCE N 87022'33" W - 151 .00 FEET; THENCE N 02°31 '28" E - 112. 14 FEET;
THENCE S 87019'23" E - 45 .20 FEET; THENCE N 02°31 '28" E - 68 . 17 FEET; THENCE
S 87028'32" E - 5.80 FEET; THENCE N 02°31 '28" E - 34.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT TWO (2); THENCE S 87° 12'53 " E - 100.00
FEET TO THE NORTHEAST CORNER OF SAID LOT ONE ( 1 ); THENCE S 02°31 '29"
W - 214.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.63 ACRES, MORE
OR LESS .
LEGAL DESCRIPTION - TRACT 6
ALL OF LOT FOURTEEN ( 14), LOT FIFTEEN ( 15), AND A PART OF LOT SIXTEEN
( 16), AND A PART OF THE 10-FOOT EAST-WEST ALLEY OF BLOCK TWENTY-
EIGHT (28) ORIGINAL TOWN PLAT FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT FOURTEEN ( 14), THENCE N 02041118" E -
112.28 FEET; THENCE S 87019'23 " E - 150. 14 FEET; THENCE S 02°31 '28" W - 112. 14
FEET; THENCE N 87°22'33 " W - 150.46 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.39 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
01 /20/2006 03:56:48 PM
and recorded in Real Estate
File Number 2008-00002857
Bette Stargps - Circuit Clerk
by �I/►
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City of Fayetteville / lilLO 105
Staff Review Form U
,n%LD
City Council Agenda Items 1
or EQSI
Contracts
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6-Dec-05
City Council Meeting Date
Jeremy Patel Planning Operations
Submitted By Division Department
Action Required:
C-PZD 05- 1610: (East Square Development, 523): Submitted by Bob Kohler for property located at the northwest corner of
Mountain Street and College Avenue. The property is zoned C-4, Downtown Commercial, and contains approximately 1 .01
acres. The request is to approve a Commercial Planned Zoning District with a 16 story hotel, residential condominiums,
meeting space, commercial space, and a parking garage.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
IIT - os
b6pariment ecto Date Original Contract Date: n/a
Original Contract Number: n/a
City Attofn
n Received in City Clerk's Office _c0
Financ and Internal Service DirectorD' ate
Received in Mayor's Office
EN ER
Mayor Date I
Comments:
I eA rJf �a dirty /,2�G�05
City Council Meeting of December 06, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 17, 2005
Subject: Rezoning and Ordinance Variance for East Square Development (C-PZD 05-
1610)
RECOMMENDATION
Planning Staff recommends approval of an ordinance creating a Commercial Planned
Zoning District (C-PZD) for East Square Development, submitted by Bob Kohler on
behalf of One East Center, LLC. This action will establish a unique zoning district for a
commercial development including a hotel, commercial and residential uses and a
parking deck on a 1 .01 -acre tract located on College Avenue. Planning Staff also
recommends approval by the City Council to vary the right-of-way dedication on North
College Avenue from 55 ' to 30' and allow for construction of a parking garage, balconies
and awnings, and a pedestrian walkway over Mountain Street right-of-way and a public
alley, respectively.
BACKGROUND
The property consists of approximately 1 .01 acres located within the Original Town Plat
on the block between Center Street and Mountain Street, with additional frontage onto
Hwy 71 B (College Avenue). The Mountain Inn, parking deck, and other deteriorated
structures on this property have been demolished and the property sits primarily vacant.
The property is currently zoned C-4, Downtown.
The applicant requests approval of a C-PZD to establish specific zoning criteria and large
scale development approval . Development will consist of a 16-story structure that will
incorporate a hotel with 147 rooms, condominiums, retail/tenant space, conference
rooms, a ballroom, and a restaurant and bar and a 7 % story parking garage with 350
parking stalls. There are several waivers from the Unified Development Code
requirements requested for this project to be approved.
The applicant for this development also requests a lesser dedication of right-of-way for
N. College Avenue, a Principal Arterial , from 55 feet to 30 feet. This will allow the
construction of the hotel closer to the existing street to match the location of existing
historic structures adjacent to N. College Avenue, and prevent undue hardship upon the
developer with the redevelopment of this property. The applicant also requests the City
Council to allow construction of a 7-story parking garage and balconies/awnings on the
hotel over Mountain Street right-of-way and a pedestrian walkway over a public alley,
City Council Meeting of December 06, 2005
Agenda Item Number
both of which are in direct conflict with § 166. 18 of the Unified Development Code,
which prohibits establishment of any new structure within the Master Street Plan right-of-
way. The parking garage is proposed to form a colonnade over the public sidewalk, with
retail at the first floor level and parking above. The bridge is proposed to be constructed
from the third story of the parking deck to the Bank of America Condominiums.
DISCUSSION
The Planning Commission voted 8-0-0 in favor of these requests on November 14, 2005.
A Planned Zoning District requires City Council approval as it includes zoning (land use)
and large scale development approval. Recommended conditions were approved by the
Planning Commission and are reflected in the attached staff report.
Due to the limited area of development and the size and scope of this in-fill project, the
applicant requests City Council consideration of granting several variances. These
include a variance to allow construction of a parking deck over Mountain Street and a
pedestrian bridge over an alley. Additionally, the applicant requests approval of lesser
dedication of right-of-way for College Avenue, a Principal Arterial . The applicant has
agreed to all street improvements recommended by the Planning Commission and within
the attached staff report.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A COMMERCIAL
PLANNED -ZONING DISTRICT "TITLED C-PZD 05- 1610,
EAST SQUARE DEVELOPMENT, LOCATED AT THE NORTH
WEST CORNER OF MOUNTAIN STREET AND COLLEGE AVENUE,
CONTAINING APPROXIMATELY 1 .01 ACRES; AMENDING THE
OFFICIAL "ZONING MAP OF THE CITY OF FAYETTEVILLE;
WAIVING ANY POSSIBLY CONFLICTING DEVELOPMENT
ORDINANCES; AND ADOPTING THE ASSOCIATED PLANNED ZONING
DISTRICT.
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 herebychanged
as follows:
From C-4, Downtown Commercial, to C-PZD 05-1610
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 development
standards as shown on the large scale development plans, all conditions of approval determined
appropriate and approved by the Planning Commission on November 14, 2005, and the City
Council.
Section 3 : That the City Council hereby expressly waives any development ordinances that
might be in conflict with C-PZD 05- 1610 including but not limited to § 166. 12 Structures not allowed
over public utility easements and § 166. 18 Master Street Plan Setbacks, and approves the
development proposal as presented herein.
Section 4: That this ordinance shall take effect and be in full force at such time as all of the
requirements of the development plan have been met.
Section 5 : That the official zoning map of the City of Fayetteville, Arkansas, is hereby
amended to reflect the zoning change provided in Section I above.
PASSED and APPROVED this day of 2005 .
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
C-PZD 05-1610
LEGAL DESCRIPTION - TRACT 5
ALL OF LOT ONE ( 1 ), LOT TWO (2), AND A PART OF LOT THREE (3), LOT
SIXTEEN ( 16)7 AND 11 OF LOT SEVENTEEN ( 17), LOT EIGHTEEN ( 18), LOT
NINETEEN ( 19), AND APART OF THE 10-FOOT EAST-WEST ALLEY OF
BLOCK TWENTY-EIGHT (28) ORIGINAL TOWN PLAT FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY
DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT
NINETEEN ( 19), THENCE N 87022'33 " W - 151 .00 FEET; THENCE N 02°31 '28" E -
112. 14 FEET; THENCE S 87° 19'23 " E - 45.20 FEET; THENCE N 02°31 '28" E - 68. 17
FEET; THENCE S 87°28'32" E - 5 . 80 FEET; THENCE N 02°31 '28" E - 34.00 FEET
TO THE NORTHWEST CORNER OF SAID LOT TWO (2); THENCE S 87012'53 " E -
100.00 FEET TO THE NORTHEAST CORNER OF SAID LOT ONE ( 1 ); THENCE S
02°31 '29" W - 214.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.63
ACRES, MORE OR LESS.
LEGAL DESCRIPTION - TRACT 6
ALL OF LOT FOURTEEN ( 14), LOT FIFTEEN ( 15), AND A PART OF LOT
SIXTEEN ( 16), AND A PART OF THE 10-FOOT EAST-WEST ALLEY OF BLOCK
TWENTY-EIGHT (28) ORIGINAL TOWN PLAT FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT FOURTEEN ( 14)7
THENCE N 02041 ' 18" E - 112.28 FEET; THENCE S 87° 19'23 " E - 150. 14 FEET;
THENCE S 02°31 '28" W - 112 . 14 FEET; THENCE N 87022'33 " W - 150.46 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.39 ACRES, MORE OR LESS.
T PC Meeting of November 14, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Brent O 'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November 9, 2005 Updated November 17, 2005
C-PZD 05-1610: Planned Zoning District (EAST SQUARE DEVELOPMENT, 523):
Submitted by BOB KOHLER for property located at NW CORNER MOUNTAIN ST. AND
COLLEGE AVE. The property is zoned C-4, DOWNTOWN COMMERCIAL and contains
approximately 1 .01 acres. The request is to approve a 16 story Commercial Planned Zoning
District with a hotel, residential condominiums, meeting space, commercial space and a parking
garage.
Property Owners: ONE EAST CENTER LLC Planner: SUZANNE MORGAN
Findings:
Property Description: The property consists of a total of approximately 1 .01 acres located
within the Original Town Plat on the block between Center Street and Mountain Street, with
additional frontage onto Hwy 71 B (College Avenue). The Mountain Inn, parking deck, and
other deteriorated structures on this property have been demolished and the property sits
primarily vacant. The property is currently zoned C-4, Downtown.
Proposal: The applicant requests approval of a C-PZD to establish specific zoning criteria and
large scale development approval. Development of a 16-story structure that will incorporate a
hotel with 147 rooms, condominiums, retail/tenant space, conference rooms, a ballroom, and a
restaurant and bar. A 7- 1 /2 story parking garage with 350 parking stalls is proposed. There are
several waivers from the Unified Development Code requirements requested for this project to
be approved.
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Restaurants, Retail, Office C-4, Downtown
South Government/Federal Buildings C-4, Downtown
East Court House, Government Buildings C-3, Central Commercial
West Offices, Bank, Bank of Am. Condos C-4, Downtown
(proposed)
K:IReport5110051PC Reportslll-14-051C-PZD 05-1610 (East Sgimre Developmem).doc
Process: The property on which this large scale development has been submitted consists of all
and parts of several tracts of property. Several of the existing structures along Center Street will
not be disturbed with the proposed development. The applicant requests approval for the
establishment of zoning regulations on the entire tract of property and the development, proposed
to be done in phases. They are as follows:
Phase I — 16-story Hotel Tower, 3-story building containing the ballroom, two
structures on Center Street
Phase 11 — Retail/Tenant space and parking garage on Mountain Street
Permits for both Phases to be issued within one year of R-PZD approval.
The following bulk and area regulations are proposed by the applicant:
C-PZD 05-1610 East Square Development
(A) Proposed Uses.
Use Unit # Type of Use
Unit I City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 12 Offices, studios and related services
Unit 13 1 Eating places
Unit 14 Hotel, motel and amusement facilities
Unit 15 Neighborhood shopping
Unit 16 Shopping oods
Unit 17 Trades and services
Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
Unit 25 Professional offices
Unit 26 Multi-family dwellings
Unit 29 Dance halls
(B) Density. Density = None (25 units are proposed in the development; however, the
applicant requests to reserve the right to increase the number of residential units.)
(C) Bulk and area regulations. None.
(E) Setback requirements. Front: 0' ; Side: 0' ; Rear: 0'
(F) Height. Hotel Tower: 16 stories maximum
(stories 11 to 16 are proposed for condominium units)
Hotel w/ Ballroom: 3 stories
Parking Garage: 7- 1 /2 stories
Retail/Tenant: 1 story
2 Bldg.s on Center St: 3 stories and a basement
K.tReports11005lPC ReportsU 1-14-051C-PZD 05-1610 (East Square Development).doc
(G) Building area. 100%; The entire site is covered with buildings and impervious surface.
Parking Chart:
Parking required I Parkin Provided
Mountain Inn 214 113
East Square 369 350
Development
Water & Sewer: Water and sewer lines are being relocated and extended to serve the
development.
Utilities: Several alleys are requested to be abandoned, in which many of the existing utility
lines are located. The applicant is coordinating with the utility companies which will
serve this development.
Access: The parking deck will be accessed from Mountain Street and Center Street via an
existing alley. The Downtown Master Plan recommends a modification of Mountain
Street to allow for two-way traffic. At this time, no such proposal has been brought
before the Street Committee or City Council for consideration, though it is anticipated in
the future, likely before the subject project is constructed. Access from this parking deck
is proposed to each of the retail spaces on the ground floor of the parking deck on either
side of the entrance. Also, access from the parking deck will be available from the Burd
floor of the parking deck to the Hotel Tower and a pedestrian bridge is proposed to the
Bank of America Condominiums to the west. The applicant also proposes a drive-in on
Mountain Street for drop-off access to the Hotel Tower.
Adjacent Master Street Plan Streets:
College Avenue (Principal Arterial, currently a 50' ROW, requires 110' ROW)
Mountain Street (MS-55 , Main Street; currently a 55 ' ROW, requires 55 ' ROW)
Center Street (MS-55 , Main Street; currently a 55 ' ROW, requires 55 ' ROW)
Commercial Design Standards: The applicant has submitted elevations of the proposed hotel,
parking garage, ballroom and structures on Center Street. They incorporate a variety of
exterior materials of brick, stucco, pre-cast concrete, steel, tile, slate, glass, ornamental
iron, aluminum, pre-finished metal panels and fiber cement. All proposed strictures are
very visible to the public due to the height of the building or prominence on the
surrounding streets. The parking garage, for example, will protrude further into the street
than adjacent buildings. Design and architectural style of this structure is therefore as
important in its affect of the downtown area as the hotel tower.
Tree Preservation: A Tree Protection Waiver has been submitted and signed by Landscape
Administrator after an on-site visit to verify that no trees currently exist.
Parks: Park fees shall be charged for each multi-family unit proposed. The developer shall pay
$9,825 for 25 multi-family units prior to issuance of a building permit for the phase in
which the units shall be constructed.
K.Teports1200RPC Reponsll1-14-051C-PZD 05-1610 (Fast Square Developmem).do
Public Comment: Staff has not received any objections to the requested C-PZD at this time.
Background: The Subdivision Committee forwarded this item to the Planning Commission on
September 01 , 2005 . The Planning Commission forwarded this item to the City Council at the
regular meeting on November 14, 2005.
Recommendation: Staff recommends forwarding C-PZD 05- 1610 to the City Council with a
recommendation for approval with the following conditions:
Conditions of Approval:
1 . Planning Commission determination of improvements. Staffrecommends the following:
• Construction of sidewalks as indicated on the plat along College Avenue and from
College Avenue to the alley on Mountain Street and Center Street.
• The applicant shall comply with the plantings shown on the proposed Landscape
Plan, including planters and street tree plantings in structural soil along College
Avenue, Mountain Street and Center Street west to the alley. Tree species shall be
approved by the Landscape Administrator.
• New curb and gutter on Mountain Street and Center Street from the alley to College
Avenue and along College Avenue;
• Storm drainage improvements on all street frontage as shown on the site plan and
as determined necessary by the City Engineer with further investigation to be
conducted at the time of construction;
• Pavement overlay and restriping along Mountain Street and Center Street from the
alley to College Avenue and along College Avenue, as well as the alley where
determined to be needed by the City Engineer as part of the construction process;
an overlay of the entire width of Center Street, Mountain Street, and the alley is
recommended as opposed to improvement of only one-half the street width.
The Planning Commission recommended in favor of the above improvements.
2. Planning Commission recommendation of a lesser dedication of right-of-way for
College Avenue (Hwy 71B) from the required 55 ' from centerline to 30' from
centerline. Staff recommends approval of the requested lesser dedication. A Master
Street Plan Amendment to modem the designation of College Avenue for a total 60 '
right-of-way (30 'from centerline) from Rock St. to North St. has been forwarded by the
Planning Commission to the City Council with a recommendation for approval and is
currently being reviewed by the Street Committee. This project is in compliance with
this original recommendation by the Planning Commission.
The Planning Commission recommended in favor of lesser dedication of right-of-way
for College Avenue.
3. Planning Commission recommendation of granting a sveivef variance request to allow
the construction of a pedestrian bridge over an existing alley (City right-of-way) that
will connect the parking garage to Bank of America Condominiums subject to City
Council approval to allow construction over a City right-of-way. Staffrecommends
K:IReportsl2005tPC ReportsU I-14-051C-PZD 05-1610 (East Square Development).d"
approval of the requested waiver to construct a structure over public right-of-way. The
parking required for the condominium units will be provided in the parking deck as was
approved by the Planning Commission and listed as a condition of approval for the
Conditional Use Permit for Bank ofAmerica Condominiums.
The Planning Commission recommended in favor of the requested variance to allow
construction over a City right-of-way.
4. Planning Commission determination of granting a waiver variance request to allow the
construction of a parking deck and hotel entrance canopy over the existing right-of-way
for Mountain Street as indicated on the proposed C-PZD site plan and subject to City
Council approval allowing the narrowing of Mountain Street to allow this
construction over a City right-of-way. The construction of this structure over the right-
of-way will result in the removal of approximately 11 on-street parking spaces, and a
maximum encroachment of 17' 3" into the right-of-way. The public sidewalk will be
constructed under the proposed deck, which will essentially function as a covered, open
walkway.
The Planning Commission recommended in favor of the requested variance to allow
the construction over a City right-of-way.
5 . Planning Commission determination of Commercial Design Standards and
compatibility of materials and architectural features with the surrounding structures and
historic downtown. Staffflnds that the proposed structures incorporate many elements
within the architecture of the downtown and are compatible with the desirable features
of adjacent structures. Staff and the Subdivision Committee expressed concerns with
the design of the parking deck, especially because of its high visibility as it encroaches
into the right-of-way and recommends particular elements on the southwest end cap be
incorporated to create a better transition and view from the downtown square.
The Planning Commission recommended in favor of compliance with Commercial
Design Standards.
b. The two retail tr. .eture. d Center St-vet shall be reviewed for e.......1
8a. acaa.x co-p�ra�poS2a on ccccmc oc. ccc ozzan�c-ri�-ra,ca-rorcorzz�rZcanoc
with the Design St.....1...ds set f.a6 by the .. plie nt and .. ,ed by the City Ge • I
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The Planning Conffnissian shall review the proposed elevations at the time of building
permit for eemplianee and
..tibility with s ndin.. deyele..... eats and shell
7. The applicant shall dedicate the required amount of right-of-way for College Avenue
(Hwy 71 B) as determined by the City Council by warranty deed prior to issuance of a
building permit.
8. All exterior lighting shall meet the requirements of the Outdoor Lighting Ordinance. A
cut sheet showing the lighting plan and details shall be submitted to the Planning
Division for review and approval prior to issuance of a building permit.
9. The applicant shall install six bike racks per ordinance requirements.
K. IReporIsU0051PC Reponsll 1-1 a-051C-PZD 05-1610 (Ease Square Development).doe
10. A Certificate of Occupancy for any phase of the project may not be issued prior to
completion and issuance of a Certificate of Occupancy for the Parking Deck and all
required improvements for that phase.
11. All development shall meet applicable building codes for separation and other
ordinances of the City of Fayetteville.
12. Allowed uses in this C-PZD shall be restricted to Use Units 1, 2, 3, 4, 5, 12, 13, 14, 15,
16, 17, 19, 24, 25, 26, and 29.
13. The maximum number- ofdwell: g units that may b„ permitted is 2c. The applicant
does not propose a maximum density to reserve the right to subdivide the
condominium units in the future.
14. Payment of Park fees in the amount of $9,825 for 25 multi -family units shall be paid
prior to issuance of a building permit for the phase in which the units will be located.
15. Signage shall be permitted in accordance with city ordinances for a property located in
a C-4 zoning district. The parking structure shall be allowed signage in accordance
with the C-4 zoning district requirements.
16. Planned Zoning District approval shall be valid for one calendar year, per city
ordinance. The applicant has stated that it is the intent to obtain all permits for Phase I
and Phase II within one year of City Council approval of the C-PZD.
. •
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Standard Conditions of Approval:
18. 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)
19. 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.
20. All overhead electric lines 12kv and under shall be relocated underground. All
proposed utilities shall be located underground.
21. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
K:\Rcportst200SPC ReportsV 1-14-051C-PZD 05-1610 (East Square Developmentt).doc
b. Separate easement plat for this project.
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.
Planning Commission Action
Meeting Date: November 14, 2005
Comments:
Required YES
✓ Approved O Denied O Tabled
Motion to approve: Clark
Second: Vaught
Vote: 8-0-0
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature
A:IReportr120051PC Reportslll-ld-051C-PZD 05-16/0 (East Square DevelopmenQ.doc
Findings associated with C-PZD 04-1610
Sec. 166.06. Planned Zoning Districts (PZD).
(B) Development standards, conditions and review guidelines
(1) Generally. The Planning Commission shall consider a proposed PZD in light of the
purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development
standards and review guidelines set forth herein. Primary emphasis shall be placed upon
achieving compatibility between the proposed development and surrounding areas so as
to preserve and enhance the neighborhood. Proper planning shall involve a consideration
of tree preservation, water conservation, preservation of natural site amenities, and the
protection of watercourses from erosion and siltation. The Planning Commission shall
determine that specific development features, including project density, building
locations, common usable open space, the vehicular circulation system, parking areas,
screening and landscaping, and perimeter treatment shall be combined in such a way as to
further the health, safety, amenity and welfare of the community. To these ends, all
applications filed pursuant to this ordinance shall be reviewed in accordance with the
same general review guidelines as those utilized for zoning and subdivision applications.
FINDING: The proposed development of the subject downtown site into a mixed -use,
commercial/retail/hotel/condominium space achieves many of the goals identified in the
City's adopted Downtown Master Plan, as well as many goals in the General Plan 2020.
The surrounding commercial developments and residential neighborhoods will be greatly
enhanced by the unique development, which provides revitalization of a prominent block
on the corner of Center St., College Ave., and Mountain Street. Specific development
features of the project, including the structure's height and prominence, walkable
sidewalks with planters consistent with the downtown area, a parking deck and residential
dwellings on the top floors of the structure, contribute to the health, safety, amenity and
welfare of the community. The proposal creates residential units in the downtown area, a
primary goal of the Downtown Master Plan.
(2) Screening and landscaping. In order to enhance the integrity and attractiveness of the
development, and when deemed necessary to protect adjacent properties, the Planning
Commission shall require landscaping and screening as part of a PZD. The screening and
landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part
of the development plan, a detailed screening and landscaping plan shall be submitted to
the Planning Commission. Landscape plans shall show the general location, type and
quality (size and age) of plant material. Screening plans shall include typical details of
fences, berms and plant material to be used.
FINDING: Screening is not required as a part of this development, with the exception of
trash enclosures and utilities (wall and ground -mounted). All such utilities are proposed to
be located within the interior of the parking deck. Landscaping is required, and has been
presented with the Landscape Plan and includes the installation of planters and trees
within the new sidewalk to provide shade for pedestrians and a streetscape. The addition of
vegetation on this bare ground will be a benefit to the public and downtown.
K: IReports120051PC Reports\/ 1-14-051C-PZD0S-1610 (East Square Developntent).doc
(3) Traffic circulation. The following traffic circulation guidelines shall apply:
(a) The adequacy of both the internal and external street systems shall be reviewed in
light of the projected future traffic volumes.
(b) The traffic circulation system shall be comprised of a hierarchal scheme of local
collector and arterial streets, each designed to accommodate its proper function and in
appropriate relationship with one another.
(c) Design of the internal street circulation system must be sensitive to such
considerations as safety, convenience, separation of vehicular and pedestrian traffic,
general attractiveness, access to dwelling units and the proper relationship of different
land uses.
(d) Internal collector streets shall be coordinated with the existing external street system,
providing for the efficient flow of traffic into and out of the planned zoning
development.
(e) Internal
local
streets shall
be designed to
discourage through traffic within the
planned
zoning
development
and to adjacent
areas.
(f) Design provisions for ingress and egress for any site along with service drives and
interior circulation shall be that required by Chapter 166 Development of this code.
FINDING: No new public or private streets are proposed with this project. A single
vehicular entry point is proposed from Mountain Street to the proposed parking deck.
There is an existing alley west of the proposed structures over which a pedestrian crossing
is proposed. The applicant also requests the vacation of an alley which bisects the property
and from which existing utilities are to be relocated. The hotel will have a drive -through
drop-off area on Mountain Street. The Subdivision Committee raised concerns about the
ability for cars going south from this drop-off and potential traffic conflicts should
Mountain Street become two-way. As traffic on Mountain Street is slowed somewhat by
the presence of a traffic light, slower speed of vehicles may allow for cars to merge onto
Mountain Street. At this time, the Downtown Plan calls for Mountain Street to become
two-way; however, this has not been considered by the Street Committee or City Council,
which must approve any such street modification.
The applicant does request dedication of lesser right-of-way than required by the Master
Street Plan on College Avenue. The Master Street Plan requires dedication of 55' right-of-
way from centerline; the applicant requests dedication of 30' right-of-way from centerline.
In addition, the applicant requests a waiver from the City Council to allow the construction
of a parking deck over existing right-of-way for Mountain Street, which is a structure
within the city right-of-way.
(4) Parking standards. The off-street parking and loading standards found in Chapter 172
Parking and Loading shall apply to the specific gross usable or leasable floor areas of the
K: IReportsl200SIPC Reports111-14-051C-PZD 05-1610 (East Square Development).doc
respective use areas.
FINDING: The ordinance allows any redevelopment within the C-4 zoning district to
"credit," so to speak, the parking spaces and area of existing uses within the former
structure towards the development. Therefore, the number of hotel rooms and area of
retail space within the Mountain Inn may be deducted from the proposed bedrooms and
retail area. Parking spaces are only required for the rooms, retail area, and other uses
above and beyond what had existed. The parking deck provides 350 parking spaces, which
is more than required for this additional development. It replaces the 101 spaces within the
former parking deck, provides 12 spaces for the Bank of the America Condos and replaces
the 11 on -street parking spaces removed with development, with an additional 214 spaces
in excess of the previously existing parking deck.
Bike racks will be installed per ordinance requirements.
(5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district,
all uses of land or structures shall meet the open space, buffer or green strip provisions of
this chapter of this code.
FINDING: The greenspace required for a Planned Zoning District is 15% of the site.
Consistent with the former development of the property and the downtown, this proposal
has no greenspace proposed with the exception of street tree plantings and some planters
along the sidewalks, which will increase the existing greenspace of the site.
(6) Sidewalks. As required by § 166.03.
FINDING: A new public sidewalk 7 to 14 feet in width is proposed along Center Street,
Mountain Street and College Avenue.
(7) Street Lights. As required by § 166.03 & § 176.
FINDING: Street lights are installed on those streets adjacent to the subject property. All
new building lights shall be permitted in accordance with Chapter 176, the Outdoor
Lighting Ordinance.
(8) Water. As required by §166:03
FINDING: Public water is being provided to the project site, pursuant to city code.
(9) Sewer. As required by § 166.03.
FINDING: Public sewer is being provided to the project site, pursuant to city code.
(10)Streets and Drainage. Streets within a residential PZD may be either public or private.
(a) Public Streets. Public streets shall be constructed according to the adopted standards
K:IReports120051PC Repons111-14-051C-PZD 05-1610 (East Square Bevel opment).doc
of the City.
(b) Private Streets. Private streets within a residential PZD shall be permitted subject to
the following conditions:
(i) Private streets shall be permitted for only a loop street, or street ending with a cul-
de-sac. Any street connecting one or more public streets shall be constructed to
existing City standards and shall be dedicated as a public street.
(ii) Private streets shall be designed and constructed to the same standards as public
streets with the exceptions of width and cul-de-sacs as noted below.
(iii)All grading and drainage within a Planned Zoning District including site drainage
and drainage for private streets shall comply with the City's Grading (Physical
Alteration of Land) and Drainage (Storm water management) Ordinances. Open
drainage systems may be approved by the City Engineer.
(iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density
served by a loop street shall be 80 units.
(v) The plat of the planned development shall designate each private street as a
"private street."
(vi) Maintenance of private streets shall be the responsibility of the developer or of a
neighborhood property owners association (POA) and shall not be the
responsibility of the City. The method for maintenance and a maintenance fund
shall be established by the PZD covenants. The covenants shall expressly provide
that the City is a third party beneficiary to the covenants and shall have the right
to enforce the street maintenance requirements of the covenants irrespective of the
vote of the other parties to the covenants.
(vii) The covenants shall provide that in the event the private streets are not maintained
as required by the covenants, the City shall have the right (but shall not be
required) to maintain said streets and to charge the cost thereof to the property
owners within the PZD on a pro rata basis according to assessed valuation for ad
valorem tax purposes and shall have a lien on the real property within the PZD for
such cost. The protective covenants shall grant the City the right to use all private
streets for purposes of providing fire and police protection, sanitation service and
any other of the municipal functions. The protective covenants shall provide that
such covenants shall not be amended and shall not terminate without approval of
the City Council.
(viii) The width of private streets may vary according to the density served. The
following standard shall be used:
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Paving Width
(No On -Street Parkinel
Dwelling
Units
One -Way
Two -Way
1-20
14
22'
21+
14'
24'
*Note: If on -street parking is desired, 6 feet must be added to each side where parking is
intended.
(ix) All of
the traffic laws
prescribed
by
Title VII shall apply to traffic on private
streets
within a PZD.
(x) There shall be no minimum building setback requirement from a private street.
(xi) The developer shall erect at the entrance of each private street a rectangular sign,
not exceeding 24 inches by 12 inches, designating the street a "private street"
which shall be clearly visible to motor vehicular traffic.
FINDING:
No additional
private or
public streets are proposed with the subject project.
All grading
and drainage
criteria, as
well as erosion control measures, shall be complied
with as part
of the construction review process.
(11) Construction of nonresidential facilities. Prior to issuance of more than eight
building permits for any residential PZD, all approved nonresidential facilities shall be
constructed. In the event the developer proposed to develop the PZD in phases, and the
nonresidential facilities are not proposed in the initial phase, the developer shall enter into
a contract with the City to guarantee completion of the nonresidential facilities.
FINDING: The residential portion of this project is located within the same structure as
the commercial areas and will be constructed within the same phase. No Certificate of
Occupancy may be issued and business conducted from any structure proposed until such
time as the required parking for that use has been constructed.
(12) Tree preservation. All PZD developments shall comply with the requirements for
tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The
location of trees shall be considered when planning the common open space, location of
buildings, underground services, walks, paved areas, playgrounds, parking areas, and
finished grade levels.
K:IReports1200SIPC Reponslll-l4-051C-PZD 05-/6/0 (East Square Development).doc
FINDING: There is no tree canopy on the subject property.
(13)Commercial design standards. All PZD developments that contain office or commercial
structures shall comply with the commercial design standards as set forth in § 166.14 Site
Development Standards and Construction and Appearance Design Standards for
Commercial Structures.
FINDING: Staff finds the architectural elevations for the Hotel Tower exceed the city's
commercial design standards. The elevations submitted for the Parking Deck are
primarily pre -finished metal panels, though the first two stories will be brick. This
structure will be prominent on Mountain Street, as the applicant has requested a waiver to
construct this building within the right-of-way. Staff finds that the proposed structures
incorporate many elements within the architecture of the downtown and are compatible
with the desirable features of adjacent structures. Staff and the Subdivision Committee
expressed concerns with the design of the parking deck, especially because of its high
visibility as it encroaches into the right-of-way and recommends particular elements on the
southwest end cap be incorporated to create a better transition and view from the
downtown square. The two retail structures proposed on Center Street shall be reviewed
for compliance with the Design Standards set forth by the applicant and approved by the
City Council. Staff shall review the elevations at the time of building permit for
compliance and compatibility with surrounding developments.
(14) View protection. The Planning Commission shall have the right to establish
special height and/or positioning restrictions where scenic views are involved and shall
have the right to insure the perpetuation of those views through protective covenant
restrictions.
FINDING: Staff finds no scenic views to be protected on the subject property. This
property is located atop one of the many hills within Fayetteville, this being the most
prominent as it defines the downtown area. The addition of a 16 -story structure at this
location will alter the line -of -site for this property and the view of the city from afar. The
construction of such a tall structure is unique within the City of Fayetteville but not
unprecedented, with the Hillcrest Tower and Radisson Hotel (15 floors) located within
close proximity to the subject property.
(E) Revocation.
(1) Causes for revocation as enforcement action. The Planning Commission may
recommend to the City Council that any PZD approval be revoked and all building or
occupancy permits be voided under the following circumstances:
(a) Building permit. If no building permit has been issued within the time allowed.
(b) Phased development schedule. If the applicant does not adhere to the phased
development schedule as stated in the approved development plan.
K: IReports120051PC Reports111-14-051C-PZD 05-1610 (East Square Development).doc
(c) Open space and recreational facilities. If the construction and provision of all
common open spaces and public and recreational facilities which are shown on the
final plan are proceeding at a substantially slower rate than other project components.
Planning staff shall report the status of each ongoing PZD at the first regular meeting
of each quarter, so that_the Planning Commission is able to compare the actual
development accomplished with the approved development schedule. If the Planning
Commission finds that the rate of construction of dwelling units or other commercial
or industrial structures is substantially greater than the rate at which common open
spaces and public recreational facilities have been constructed and provided, then the
Planning Commission may initiate revocation action or cease to approve any
additional final plans if preceding phases have not been finalized. The city may also
issue a stop work order, or discontinue issuance of building or occupancy permits, or
revoke those previously issued.
(2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be
sent to the landowner or authorized agent giving notice of the alleged default, setting a
time to appear before the Planning Commission to show cause why steps should not be
made to totally or partially revoke the PZD. The Planning Commission recommendation
shall be forwarded to the City Council for disposition as in original approvals. In the
event a PZD is revoked, the City Council shall take the appropriate action in the city
clerk's office and the public zoning record duly noted.
(3) Effect. In the event of revocation, any completed portions of the development or those
portions for which building permits have been issued shall be treated to be a whole and
effective development. After causes for revocation or enforcement have been corrected,
the City Council shall expunge such record as established above and shall authorize
continued issuance of building permits.
(F) Covenants, trusts and homeowner associations.
(1) Legal entities. The developer shall create such legal entities as appropriate to undertake
and be responsible for the ownership, operation, construction, and maintenance of private
roads, parking areas, common usable open space, community facilities, recreation areas,
building, lighting, security measure and similar common elements in a development. The
city encourages the creation of homeowner associations, funded community trusts or
other nonprofit organizations implemented by agreements, private improvement district,
contracts and covenants. All legal instruments setting forth a plan or manner of
permanent care and maintenance of such open space, recreation areas and communally -
owned facilities shall be approved by the City Attorney as to legal form and effect, and
by the Planning Commission as to the suitability for the proposed use of the open areas.
The aforementioned legal instruments shall be provided to the Planning Commission
together with the filing of the final plan, except that the Guarantee shall be filed with the
preliminary plan or at least in a preliminary form.
K: IReporrsld0051PC Reponsll1-14-051C-PZD 05-1610 (East Square Development).doc
(2) Common areas. If the common open space is deeded to a homeowner association, the
developer shall file with the plat a declaration of covenants and restrictions in the
Guarantee that will govern the association with the application for final plan approval.
The provisions shall include, but not necessarily be limited to, the following:
(a) The homeowner's association must be legally established before building permits are
granted.
(b) Membership and fees must be mandatory for each home buyer and successive buyer.
(c) The open space restrictions must be permanent, rather than for a period of years.
(d) The association must be responsible for the maintenance of recreational and other
common facilities covered by the agreement and for all liability insurance, local taxes
and other public assessments.
(e) Homeowners must pay their pro rata share of the initial cost; the maintenance
assessment levied by the association must be stipulated as a potential lien on the
property.
FINDING: The applicant shall comply with the above requirements, as part of the
Planned Zoning District ordinance.
Sec. 161.25 Planned Zoning District
(A) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned developments whose purpose is redevelopment, economic
development, cultural enrichment or to provide a single -purpose or mixed -use planned
development and to permit the combination of development and zoning review into a
simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the
development proposed for the district can accomplish one or more of the following goals.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(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;
K:IReports170051PC Reportsl/ 1-14-051C-PZD 05-1610 (East Square Development).doc
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive
and
innovative planning
and design of mixed use yet
harmonious developments consistent
with
the guiding policies
of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
FINDING: The subject C-PZD utilizes a mixed -use concept, promoting the idea of shared
retail, commercial (hotel) and residential (condominium) uses. The mixed -use component
of the project, along with overall architectural and development principles utilized in the
site planning that promote pedestrian access to the site and the downtown area, and
revitalization of the downtown, create a unique and flexible project that embodies the spirit
of the Downtown Master Plan. The uses proposed, both residential and commercial/retail,
allow for a flexible use of the site, and achieve compatibility and harmony with
surrounding land uses, which varies greatly,. from government agencies, corporate
businesses, offices, retail and restaurants, all integral to a thriving and balanced downtown.
A positive impact on adjoining properties should be achieved, enhancing the health, safety
and welfare of the surrounding community. The project provides a variety of uses,
employment opportunities, downtown living space, and an innovative approach to mixed
use yet harmonious development consistent with many of the guiding policies of the
General Plan 2020, as well as the Downtown Master Plan for the City of Fayetteville.
The proposal is consistent with many of the guiding policies of the General Plan 2020
including:
Residential Areas:
9.8.e Utilize more intense development patterns downtown, where appropriate, and
encourage mixed uses in new developments to promote better community design,
maintain human scale, and enhance pedestrian activity.
9.8.f Site new residential areas accessible to roadways, alternative transportation
modes, community amenities, infrastructure, and retail and commercial goods and
services.
K:lReports120051PC ReportsUi-14-051C-PZD 05-1610 (Fast Square Development).doc
Historic Downtown Commercial Areas:
9. 11.c Encourage retail use of ground floor space and restrict office and residential uses
to higher floors.
Neighborhood Commercial Areas:
9.12. d Provide commercial areas that are accessible for the convenience of individuals
living in residential districts.
9.12.e Reduce the length and number of trips generated by residential development by
enhancing the accessibility to these areas.
Mixed Use Areas:
9.14.a Allow mixing of uses and integration of design through the planning process.
Community Character:
9.19. i Promote higher density development and mixed use development within the City
limits to provide for more efficient development, create traditional neighborhoods, and
preserve open space.
Circulation:
9.20.j Establish facilities which accommodate safe and convenient travel for pedestrians
and bicyclists.
(B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council
in accordance with the requirements of this chapter and Chapter 166, Development. Each
rezoning parcel shall be described as a separate. district, with distinct boundaries and specific
design and development standards. Each district shall be assigned a project number or label,
along with the designation "PZD". The rezoning shall include the adoption of a specific master
development plan and development standards.
FINDING: The subject described real property is proposed to be rezoned to C-PZD 05-
1610. The development standards and plan approved shall be adopted with the rezoning.
(D) C-PZD, Commercial Planned Zoning District
(1) Purpose and intent. The C-PZD is intended to accommodate mixed -use developments
containing any combination, including multiple combinations of commercial, office or
residential uses in a carefully planned configuration in such a manner as to protect and
enhance the availability of each independent use. The C-PZD is also intended to
accommodate single use commercial developments that are determined to be more
appropriate for a PZD application than a general commercial rezone. The legislative
purposes, intent and application of this district include, but are not limited to, the
following:
(a) To encourage the clustering of commercial and office activities within areas
specifically designated to accommodate such uses and to discourage the
R: lRepons120051PC ReportsU i-14-051C•PZD 05-1610 (East Square Development).doc
proliferation of commercial uses along major thoroughfares and noncommercial
areas.
(b) To provide
for orderly
development in
order to minimize adverse impact on
surrounding
areas and on
the general flow
of traffic.
(c) To encourage orderly and systematic commercial, office or mixed use
development design or a combination thereof, providing for the rational
placement of activities, vehicular and pedestrian circulation, access and egress,
loading, landscaping and buffering strips.
(d) To encourage commercial development which is consistent with the city's
General Plan.
(e) To accommodate larger scale suburban developments of mixed -uses in a
harmonious relationship.
FINDING: The project, as defined with proposed uses, meets many of the goals above,
including concentrating a mixed -use development within an orderly and rational manner,
providing for maximum pedestrian benefit, encouraging development which is consistent
with the City's General Plan and recently adopted Downtown Master Plan.
(2) Permitted Uses.
Unit I City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit Agricultural
j
U.nit 7 Animal _Husb Husbandry nd
Unit 8 Single amily dwellings
Unit 9 Two family dwellings
Unit 1r 100 Three family dwellings
Unit 1 1 Manufactured home park
Unit 12 Offices, studios and related services
Unit 13 Eating places
Unit 14 Hotel, motel and amusement park
Unit 15 Neighborhood shopping
Unit 16 Shopping goods
Unit 17 Trades and services
Unit 18 Gasoline serv-iee stations and drive in restaurants
Unit 19 Commercial recreation, small sites
Unit 20
Commercial recreation large sites
Warehousing
Unit
rehousing and wholesale
21 u
Unit 22 Manufacturing
K:IReports120051PC Reportsll1-14-051C-PZD 05-1610 (East Square Developmen#.doc
Unit 23 Heavy Industrial
Unit 24 Home occupations
Unit 25 Professional offices
Unit 26 Multi -family dwellings
Unit 27 Wholesule
bulk petroleum
storage
facilities
with underground
storage tanks
Unit 28 Center forcollectingmaterials
Unit 29 Dance Halls
Unit 30 Extractive Uses
Unit 31 Facilities emiaing-edofs & facilities handling explosives
unit 32 Sexually oriented usiness
Unit 33 Adultliveenteftainment club war
Unit
.4 YRSiITfrR or VRL
Unit 34 Liquor
stores
Unit35Outdoormusicestablishments
Unit 36 Wifeless communications facilities
Unit 37 Manufactured homes
FINDING: The applicant has described uses in all of the above -referenced (those without
the strike -through) Use Unit categories.
(3) Conditions.
(a) In no instance shall the commercial or office use area be less than fifty-one percent
(51%) of the gross leasable floor area within the development.
FINDING: The applicant indicates compliance with this requirement, and with approval
of the rezoning, this condition shall be placed upon the property in perpetuity, unless and
until the property is rezoned.
(b) Residential uses must be appropriate to the design of the project.
FINDING: The residential uses proposed have been designed with the commercial uses in
mind, utilizing organizing principles to achieve maximum compatibility between the two
uses.
(c) Warehousing and light industrial uses shall have a gross area per use that does not exceed
five thousand (5,000) square feet and at least twenty percent (20%) of the floor area used for
retail sales.
FINDING: These uses are not permitted within the proposed development.
K: IReports120051PC Repor:sl/ /-/4-051C-PZD 05-16/0 (East Square Derelopment).doc
*Required Findings for Rezoning Request.
RECOMMENDATION: Staff recommends approval of the rezoning request from C-4,
Downtown Commercial, to C-PZD 05-1610, with the adoption of the associated large scale
development plan.
LAND USE PLAN: The General Plan 2020 Future Land Use Plan designates this site as
Historic Commercial. Rezoning this property to C-PZD 05-1610, with associated mixed use
plan, is consistent with the land use plan and compatible with surrounding land uses.
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: The proposed zoning is consistent with previous use of this property and the
surrounding uses within the properties zoned for Downtown Commercial,
which this property is currently zoned. The mixed -use commercial and
multi -family residential development exhibits many of the characteristics
deemed desirable as guiding policies in the General Plan 2020, as well as the
adopted Downtown Master Plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified, as a means of redeveloping a parcel of
property in the downtown area in a manner that is more consistent with
surrounding land use patterns. A mixed -use land use is desirable for the
subject property, to achieve compatibility with both commercial and
residential zoning and land use in the surrounding area.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Based on staff findings and the attached Fayetteville Police Department
report and Fire Department projections, the proposed rezoning would not
create or appreciably increase traffic danger and congestion in the area.
This property was formerly developed for a similar type use at a smaller
scale. At one time this property generated considerable traffic. The
redevelopment of the property will increase the amount of traffic on
surrounding streets, but most traffic will be generated from College Avenue,
a Principal Arterial Street which has been designated to serve up to 20,600
vehicle trips per day.
Fire: The request for C-PZD 05-1610, East Square Development, is within the
acceptable limits of service delivery impact for the Fire Department.
K:IReports12005lPC Reports ll1-14-051C-PZD 05-1610 (East Square Development).doc
A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: The proposed zoning would create a total of 25 new residential units. This
increase in units would not undesirably increase the load on public services.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses
permitted under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1) through (4) above why
the proposed zoning is not desirable.
Finding: N/A
K. lReports120051PC Reporlsl11-14-051C-PZD 05-16/0 (East Square Develapment).doc
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-444-3472
TO: Suzanne Morgan, Associate Planner
FROM: Matt Mihalevich, Park Planner
DATE: September 7, 2005
SUBJECT: Parks & Recreation Subdivision Committee Comments
*************x*xx**x*x***xx**xxxxxx*x************xxxxxxxxxxxxxx*x*********xxxx
Meeting Date: September 12, 2005
Item: C-PZD 05-1610 East Square Development, 523
Park District: SW
Zoned: C-PZD (proposed)
Billing Name & Address: East Square Development
1 East Center, Suite 301
Land Dedication Requirement
Single Family _____@.024 acre per unit = _ acres
Multi Family @ .017 acre per unit = acres
Mobile Home ______@.024 acre per unit = acres
Lot Split
COMMENTS:
Money in Lieu
@ $555 per unit = $
fl2a@ @ $393 per unit = �8 t� •�`�
@ $555 per unit = $
@ $555 per unit = $
The Parks and Recreation Advisory Board recommended accepting money in lieu of land
for 22 Multi Family Units on July 11, 2005.
Fees are due prior to signing of the final plat.
***The applicant has modified the number of multi -family units from 22 to 25 since the Parks
and Recreation Advisory Board considered this development proposal.
K:tReportr120051PC Reports111-14-051C-PLD 05-1610 (East Square Development/.doc
Ta e�'evi 1e
Y ARKANSAS
THE CITY OF FAYE.TTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
To: Garver Engineers
PC Meeting of November 14, 2005
From: Sarah K. Patterson (Landscape Administrator)
Date: September 7, 2005
Subject: Planning Commission Meeting
ITEM #: R-PZD 05-1610 East Square Development
TREE PRESERVATION PLAN
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3471
I. A Tree Protection Waiver has been submitted and signed by Landscape Administrator
after an on -site visit to verify that no trees currently exist.
Conditions:
A note located on the Final Plans must indicate that no trees exist on site.
K:IReportsl20051PC Reports11 /-14-051C-PZD 05-1610 (East Square Development).doc
FAYL i1TEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
Monday, August 15, 2005
Jeremy Pate
Director of Current Planning
125 W. Mountain Street
Fayetteville, AR 72702
Dear Mr. Pate,
POLICE DEPARTMENT
This document is in response to the request for a determination of whether the proposed
R-PZD 05-1610: Planned Zoning District (East Square Development, 523) submitted
by Bob Kohler would substantially alter the population density and thereby undesirably
increase the load on public services or create an appreciable increase in traffic danger and
congestion.
It is the opinion of the Fayetteville Police Department this PZD will have a negligible
impact on both the population density and traffic congestion for that area.
Sincerely,
Lieutenant Rob Turberville
Fayetteville Police Department
FAYETTEVIL E POLICE DEPARTMENT
P.O. BOX 1988
FAYEITEVILLE, ARKANSAS 72702-1988
(DELIVERIES) POLICE: 100-A WEST ROCK STREET 72701
JAIL: 140-A WEST ROCK STREET 72701
PHONE: 479-587-3555 FAX: 479-587-3522
PLANNED ZONING DISTRICT REQUEST:
June 30, 2005
On behalf of:
EAST SQUARE DEVELOPMENT, LLC.
[Project formerly known as the Mountain Inn]
City of Fayetteville Planning Staff:
Attached herewith is the Application for a Planned Zoning District for the property that
formerly contained the Mountain Inn, Redbird building, Niblock building, and the
Juvenile Courts Building. Also included in the request are buildings that remain including
31 E. Center, and the buildings that house the former Cafe Santa Fe and McRoy McNair.
The Bank of America building is included in order to create a utility easement on its east
side for the required re-routing of existing utilities. These buildings comprise the block
bounded by E. Mountain St., College Ave., E. Center St., and East Ave.
SCOPE/INTENT:
The scope of the planned development for the block is to construct a 16 story mixed use
tower containing a hotel, residential condominiums, meeting space, and commercial
space. In addition, a parking garage will be constructed as well as the refurbishment of
buildings fronting E. Center St. Also included is the planned connector bridge from the
proposed parking garage to the Bank of America building over the existing private alley
that contains an existing utility easement. The intent of the proposal is to address several
issues that require approvals that are typical with a high density urban development in the
downtown commercial core. Among the approvals required are lot line adjustments, new
utility easements, Master Street Plan amendment for right-of-way (College Ave.),
grading and drainage, right-of-way encroachment of structure (Mountain St.), re-routing
of existing utilities, installation of new utility lines, as well as architectural, landscape,
and other physical features of the site.
OWNERSHIP:
The City of Fayetteville has current possession of the site and is in the process of
demolishing the old Mountain Inn, Redbird building, Niblock building, and the Juvenile
Courts Building. Upon completion of the demolition work (currently estimated date July
15, 2005) the properties revert to East Square Development, LLC as per the contract
between the City of Fayetteville and East Square Development, LLC dated March 15,
2005.
Ownership of the parcels as referenced in the attached plat plan is as follows:
LOT I: 1 East Center, LLC (Bank of America)
LOT 2: M&M Building, LLC (McRoy McNair)
LOT 3: Cafe Santa Fe Building, LLC (Cafe Santa Fe)
LOT 4: East Square Development, LLC (31 E. Center) RECEIVED
LOT 5: East Square Development, LLC (Courts, Mountain Inn)
LOT 6: East Square Development, LLC (Parking Deck)
JUN30 0 2005
REZONING:
No rezoning of parcels requested. Current zoning is C-4.
PROPERTY IMPACT:
The redevelopment of the site removes the blighted conditions that for years have
degraded the area. Surrounding property values will be enhanced by the new $23 million
residential and commercial development that will attract more interest, activity, and
business to the area. The new development will be consistent with the Downtown Master
Plan initiatives outlined for properties in the downtown core. The buildings along E.
Center St. will remain and will be updated to provide commercial retail on the street level
and 2"° and 3"° story residential space as per the DMP. The new tower and parking garage
will be constructed utilizing materials consistent with other buildings in the downtown
core including masonry, glass, decorative metals, and concrete. The project will add a
new icon to the downtown landscape that will exude quality and reactivate a depressed
area.
AVAILABILITY OF WATER & SEWER •,
The Engineering Division is working closely with the development team to serve the site.
Six inch water lines are currently in E. Center St., and E. Mountain St. and an eight inch
main is in N. College Ave. A new 8" sanitary sewer line is being proposed as a part of
this application along E. Center St. turning south onto College Ave. and connecting to an
existing manhole extending the existing 8" sewer line in N. College Ave. which will also
serve the site.
REGARDING INTENT/PURPOSE OF PZD ORDINANCE:
This development allows for all permitted uses in the PZD in a mixed use configuration.
The ordinance encourages mixed use developments "containing any combination,
including multiple combinations of commercial, office, and residential uses in a carefully
planned configuration in such a manner as to protect and enhance the availability of each
independent use". Because of the several approvals required for the project — although
not rezoning any of the parcels — the PZD ordinance is a useful tool due to the extreme
time constraints on the project and the requirement to begin construction as early in the
year as possible.
R E G I$ T( R E 0
July 14, 2005
Ms. Suzanne Morgan
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: REQUEST WAIVERS AND APPROVALS
EAST SQUARE REDEVELOPMENT
Dear Suzanne,
ROBERT SHARP. AACNITECT,..
575 SOUTH SCHOOL AVE ATE n0
FAYETTEVILLE
AR
PHONE:470-442-077/
FAX: 071-442-0771
The purpose of this letter is to summarize the waivers and amendments necessary for
construction of the East Square Redevelopment project. As you know, many of the design
decisions were driven by the developer's desire that this project fulfill the goals of the recently
completed Downtown Master Plan. We are asking for the following 4 waivers:
1. Vacate an existing alley that runs from east to west from College Avenue to an area to
the east of the Bank of America building.. This alley is being closed to allow construction of the
hotel tower, the parking deck, and the meeting spaces. The utilities that are in this alley currently
will be relocated. Over the years this alley has been built over in several places and access for
utility repair would be extremely difficult. All the utility companies have participated in
planning the relocation of existing utilities. We feel that vacating this alley is critical to the
projects success and vastly improves utility access.
2. Bridge over an existing alley that runs north to south along the east side of the Bank of
America building. We are proposing to provide parking for the Bank of America building in the
new parking deck. We will be providing a covered, enclosed pedestrian walk between the
parking deck and the existing building. The walk will be less than 20' wide and its structure will
not bear on the alley. Due to the existence of fiber optic cables in this alley, no construction will
be performed in this alley. We feel that this bridge will in no way impair the functioning of this
alley.
3. Amend Master Street Plan along College Avenue. One of the consistent themes of the
Downtown Master Plan was the desire to civilize College Avenue. Dover Kohl and Partners
discussed the idea of "putting College Avenue on a diet" and turning into a walkable street rather
than a sprawling automotive strip. To this end, we are proposing installing 14' wide sidewalks
and street trees along College Avenue. We are also proposing that the east facade of the hotel be
set back 9' from the existing right of way. The current College Avenue right of way is 50' feet,
Dover Kohl and Hall Planning and Engineering recommends that College Avenue right of way
JUL 1 4 2005
be 60'. The current Master Street Plan envisions College Avenue as a Principal Arterial being
110' wide. This is clearly unrealistic, as it would involve tearing down the historic Washington
County Courthouse, the old jail, First Baptist Church and every other significant building
between Sixth Street and Maple Avenue. We feel that the recommendations of the Downtown
Master Plan should be honored. We ask that College Avenue Master Street Plan right of way be
60' (30' from centerline). We also request the right to extend balconies, awnings, canopies, and
other building supported structures out into the College Avenue right of way above street level.
4. Amend Master Street Plan along Mountain Street. We are proposing a pedestrian
colonnade along Mountain Street. This will be an open air covered sidewalk with retail show
windows along the north side. A critical component of this pedestrian colonnade is that it
provides a covered walk between the hotel and the Fayetteville Town Center, thus encouraging
shared functions between the two facilities. The area above the colonnade will be a parking
structure for 350 cars. The location of the parking structure was driven by the developer's desire
to save historic buildings along Center Street. The geometry of the parking structure requires
two 62' wide tiers for a minimum overall width of 124'. This puts a portion of the parking
structure into the street right of way. We have provided a variety of design elements to screen
the Mountain Street facade of the parking structure. We are proposing awnings, trellises,
canopies, perforated metal screens, signage, railings, and cornices to give the parking structure an
appropriate scale. According to the Downtown Master Plan, "The primary goal of the
Architectural Elements is authenticity. The elements encourage construction which is
straightforward and functional, and which draws its ornament and variety from the traditional
assembly of genuine materials." Due to the functional nature of the, parking structure, its design
was inspired by the robust and vibrant qualities of industrial architecture. In addition, great care
has been taken to provide a pleasant and vibrant pedestrian experience along Mountain Street.
We request that the Master Street Plan along Mountain Street, along the north side of the street,
to the south of the parking deck only, be narrowed to 14' from the centerline. We also request
the right to extend balconies, awnings, canopies, and other building supported structures out into
the Mountain Street right of way above street level.
Summary The four waivers
or amendments described above
would allow us to construct the
East Square
Redevelopment
project in a way that is consistent
with the goals of the Downtown
Master Plan.
Please contact me if you have any questions or comments
on this matter.
Sincerely,
Robert Sharp, A hitect
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AST SQUARE DEVELOPMENT
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KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 14, 2005
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November 9, 2005 Updated December 21, 2005
125 W. Mountain Si.
Fayetteville, AR 72701
Telephone: (479) 575-8267
C-PZD 05-1610: Planned Zoning District (EAST SQUARE DEVELOPMENT, 523):
Submitted by BOB KOHLER for property located at NW CORNER MOUNTAIN ST. AND
COLLEGE AVE. The property is zoned C-4, DOWNTOWN COMMERCIAL and contains
approximately 1.01 acres. The request is to approve a 16 story Commercial Planned Zoning
District with a hotel, residential condominiums, meeting space, commercial space and a parking
garage.
Property Owners: ONE EAST CENTER LLC Planner: SUZANNE MORGAN
Findings:
Property Description: The property consists of a total of approximately 1.01 acres located
within the Original Town Plat on the block between Center Street and Mountain Street, with
additional frontage onto Hwy 71 B (College Avenue). The Mountain Inn, parking deck, and
other deteriorated structures on this property have been demolished and the property sits
primarily vacant. The property is currently zoned C-4, Downtown.
Proposal: The applicant requests approval of a C-PZD to establish specific zoning criteria and
large scale development approval. Development of a 16 -story structure that will incorporate a
hotel with 147 rooms, condominiums, retail/tenant space, conference rooms, a ballroom, and a
restaurant and bar. A 7-1/2 story parking garage with 350 parking stalls is proposed. There are
several waivers from the Unified Development Code requirements requested for this project to
be approved.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Restaurants, Retail, Office
C-4, Downtown
South
Government/Federal Buildings
C-4, Downtown
East
Court House, Government Buildings
C-3, Central Commercial
West
Offices, Bank, Bank of Am. Condos
(proposed)
C-4, Downtown
K:IRepons120051PC Reporisll l-14-O51C-PZD 05-16111 (Easi Square Deeelopmem).dot
10. A Certificate of Occupancy for any phase of the project may not be issued prior to
completion and issuance of a Certificate of Occupancy for the Parking Deck and all
required improvements for that phase.
11. All development shall meet applicable building codes for separation and other
ordinances of the City of Fayetteville.
12. Allowed uses in this C-PZD shall be restricted to Use Units 1, 2, 3, 4, 5, 12, 13, 14, 15,
16, 17, 19, 24, 25, 26, and 29.
13. The maximum number ofd.. ,ling units that may be permitted is 25.
The applicant
does not propose a maximum density to reserve the right to subdivide the
condominium units in the future.
14. Payment of Park fees in the amount of $9,825 for 25 multi -family units shall be paid
prior to -issuance of a building permit for the phase in which the units will be located.
15. Signage shall be permitted in accordance with city ordinances for a property located in
a C-4 zoning district. The parking structure shall be allowed signage in accordance
with the C-4 zoning district requirements.
16. Planned Zoning District approval shall be valid for one calendar year, per city
ordinance. The applicant has stated that it is the intent to obtain all permits for Phase I
and Phase 11 within one year of City Council approval of the C-PZD.
I III -
complied / t /
Standard Conditions of Approval:
18. 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)
19. 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.
20. All overhead electric lines 12kv and under shall be relocated underground. All
proposed utilities shall be located underground.
K: (Reports 20051PC Reports ll-/4-051C-PZD 05-1610 (East Square Derelopment).doc
21. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. Separate easement plat for this project.
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.
ADDITIONAL CONDITIONS OF APPROVAL (AS AMENDED BY THE CITY
COUNCIL ON DECEMBER 20, 2005)
22. A minimum of 16 feet clear from the alley to the bottom of the pedestrian overpass
shall be maintained to ensure adequate solid waste and emergency access.
23. All sidewalks
located
adjacent
to the public right-of-way (and
not within
the public
right-of-way)
shall be
within a
pedestrian/sidewalk easement,
to be filed
of record.
Planning Commission Action:
Meeting Date: November 14, 2005
City Council Action:
Comments:
Required YES
✓ Approved O Denied O Tabled
Motion to approve: Clark
Second: Vaught
Vote: 8-0-0
Required YES
✓ Approved O Denied O Tabled
Vote: 8-0-0
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K:IReporn110051PC Reports) I l-/4-05(C-PZD 05-/6/0 (Fns! Square Deeelopmenf).doc
Clarice Pearman - Ords. 4804 4807 4808, 4809 & 4810 page J
From: Clarice Pearman
To: Pate, Jeremy
Date: 12/28/05 1:35PM
Subject: Ords. 4804, 4807, 4808, 4809 & 4810
Jeremy,
Attached are the ordinances passed by City Council, December 20, 2005.
CC: Bell, Peggy; Deaton, Vicki; GIS
My Commission Expires
"NorthwestAvkiuwas'Most Wider Read Newspaper"
AFFIDAVIT OF PUBLICATION
I, Erin Emis. do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, .Arkansas, and .that .from .my own personal knowledge
and reference to the files of said publication, that advertisement of:
i YrY / was inserted in the regular editions on
PO#
** Publication Charge: $ /of. . /
Subscribed and sworn to biO&abD2oo5.
me this
day of
Sharlene D. Willia'"
Notary Public
State of Arkans
My Commission E% -"-
s
octeber 18, 2f:-,'*
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JAN 032005
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE. ARKANSAS 72701 • 479-571-6470
DRDINANCS NO. 4804
AN ORDINANCE• ESTABLISHING A COMMERCIAL
PLANNED ZONING DISTRICT TTRID C -ATE O T rAD0PnNG
1810, FASTWESTO DEVELOPMENT LOCATEDATCTHE NORTHWESTCORNER OFMWNG APPREEfAND COLLEGE AVENUE, EONTAINING APPROp-
ZOMANING MA ACRES; AMENDIOF THE OFVILE;A5ZONING MAP OF THE'CRV OF FAYETTEVLLE;WANING ANY POSSIBLY CONFLICTING DEVELOPMENTORDINE ASSO-
CIATED PVNNED.ZONING DISTRICT
BE R ORDAINED BY TMs CRY COUNCIL OP THE CITY ANSAS;
Seabn 1: That the zone daStif can of the So g described popeiy o harety changed as claws:
From C-4, Donntwm Cmmadal, to C -Pm 05-1610 as
shown n E#01it'Aateaod terao and made a pert,hore0L
Section 2: That the charge in mrig dassiftatbn Is based Wen the approved devecpnem staros"W as shown on the Pemod Zordrg Ltsttlts MIPB, al padelor5 a eppnxdl det8rnriap appropriate end
ap�,oyed by the gCa,vnjssicw, an Naarlter 14, 2005, pct the City Cost.
Sod ion 3: That tt'e City Cast
can Oct win C-PZD 05-1610 e W m5ly wSvos any devdopnont ardhw,cos that might be n
nWarg but not Sr W to §166.12 SUtt avrotaloweloerp+blcuR-
4y easerionis and §188.18 Master Street Pon Setbaclm, erd epprcues the devoloprort proposal as preSBnteeloren.
Becton 4: That ttrs cwdnarCe shag take effect and be n hi tome at IAIfJt time m oil a the rpFLarremy
of the deebpnenl plan have been net.
Section 5: That the offidal zanng map of the Day of Fayette&le, Afkamaa, b
the n- g charge Pfp+dsd n Section 1 above. h �T' amended t0 repeal
PASSED and APPROVED Ut 20th day of Decemmr. 2005.
APPROVED:
By
DAN COODY ,Mayor
By: • IRR DRA SMRN, City CMrt
D041BIT'A'
C-PZD 05-1610
LEGAL DESCRIPTION - TRACT 5
ALL OF LOT ONE (1), LOT TWO (2), AND A PART OF LOT THREE (3), LOT SIXTEEN (16), AND 11 OF
LOT SEVENTEEN (17), LOT EIGHTEEN (18). LOT NINETEEN (19), AND A PART OF THE 10 -FOOT
EAST -WEST ALLEY OF BLOCK TWENTY-EIGHT (28) ORIGINAL TOWN PLAT FAYETTEVILLE. WASH-
INGTON COUNTY, ARKANSAS BONG MORE PARTICULARLY DESCRBED AS BEGINNING AT THE
SOUTHEAST CORNER OF SAID LOT NINETEEN (19), THENCE N 8T22.33- W . 151.00 FEET;
THENCE N 02'31'28' E- 112.14 FEET; THENCE58r1923• 87.1923' E - 45.20 FEET, THENCE N OS31.28- E
- 68.17 FEET; THENCE S 87°2832' E - 5.80 FEET: THENCE N 02'3128' E - 34.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT TWO (2) THENCE $ 87.12'53' E - 100.00 FEET TO THE
NORTHEAST CORNER OF SAID LOT ONE (1t THENCE S 02'31'29' W - 214.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.63 ACRES, MORE OR LESS.
LEGAL DESCRIPTION - TRACT 8
ALL OF LOT FOURTEEN (14), LOT FIFTEEN (15), AND A PART OF LOT SIXTEEN (16), AND A PART OF
THE 10 -FOOT EAST -WEST ALLEY OF BLOCK TWENTyEIGHr (28) ORIGINAL TOWN PLAT FAYET-
TEMLLE, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT FOURTEEN (14), THENCE N 02.41'18' E
- 112.28 FEED, THENCE S 87.1923' E - 150.14 FEET, THENCE S 0T3128- W - 112.14 FEET;
THENCE N 87°2233' W - 150.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.39 ACRES.
MUTE OR LESS.