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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