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HomeMy WebLinkAboutOrdinance 4816 ORDINANCE NO. 4816 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1834 FOR APPROXIMATELY 13 .47 ACRES LOCATED AT LOTS 6C AND 7A IN VANTAGE SQUARE FROM R-PZD 04- 1075 (CAMBRIDGE CROSSING) AND R-O, RESIDENTIAL OFFICE TO C- 1 , NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby _ changed as follows: From R-PZD 04- 1075 (Cambridge Crossing) and R-O, Residential Office to C- 1 , Neighborhood Commercial and C-2, Thoroughfare Commercial, as shown on Exhibit "A" attached hereto and made a part hereof. Section 2: 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 3rd day of January, 2006. APPROVED: ; FAYETTEVILLE ; DAN C ODY, May TON GO ATTEST: " uuuu1110" By: E � &64� ONDRA SMITH, City Clerk ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID : 009660630003 TVDe : REL Recorded : 02/15/2006 at 11 : 42 : 32 AM Fee Amt : $14 . 00 Pace 1 of 3 Mashlnaton county . AR Bette $taws circuit clerk F11e2006-00006412 EXHIBIT "A" RZN 05-1834 REZONING DESCRIPTION: (PROPOSED C- 1 North) A PART OF LOT 7A, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1/4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE N88°57' 0515E 338.34 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE SOUTH RIGHT-OF- WAY FOR JOYCE BOULEVARD; THENCE N88°57'05"E ALONG SAID SOUTH RIGHT- OF-WAY 59.41 FEET TO THE NORTHEAST CORNER OF SAID LOT 7A OF VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00°51 '30"E 325 .00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7A; THENCE S88°57'05"W ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 7A 59.41 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE N00051130"W 325 .00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.44 ACRES, MORE OR LESS. REZONING DESCRIPTION : (PROPOSED C- 1 South) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15° 13'05 "W 338 .58 FEET; THENCE N88°57' 05"E 432. 10 FEET TO THE POINT OF BEGINNING; THENCE N88057'05"E 279.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 6C VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00050' 56"E 848.88 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6C, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING TWO COURSES : THENCE N34'36' 1 0"W 402.01 FEET; THENCE N41035'38"W 85 .86 FEET; THENCE LEAVING SAID NORTHERN BOUNDARY N00051 ' 21 "W 448.61 FEET TO THE POINT OF BEGINNING, CONTAINING 4. 11 ACRES, MORE OR LESS. REZONING DESCRIPTION: (PROPOSED C-2) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1/4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15° 13'05 "W 338 .58 FEET TO THE POINT OF BEGINNING; THENCE N88057'05 "E 432. 10 FEET; THENCE S00051 '21 "E 448 .61 FEET TO THE SOUTH LINE OF SAID LOT 6C, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING FIVE COURSES: THENCE N41 °35'38"W 177. 14 FEET; THENCE N63042'20"W 267.00 FEET; THENCE S80056'01 "W 155 .00 FEET; THENCE S56019'22"W 335.00 FEET; THENCE N73057'20"W 388.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6C; THENCE LEAVING SAID NORTHERN BOUNDARY N18023 '31 "E 292.26 FEET; THENCE N50°01 ' 17"E 200.91 FEET; THENCE S39°59' 12"E 185 .39 FEET; THENCE S74048 '38"E 338.61 FEET; THENCE N15° 13 '05"E 121 . 18 FEET TO THE POINT OF BEGINNING, CONTAINING 7.41 ACRES, MORE OR LESS . Washington County, AR I certify this instrument was filed on 02/15/2006 11 :42:32 AM and recorded in Real Estate File Number 2006-00006412 Bette Stamps - Circuit C� by , City of Fayetteville Staff Review Form l� City Council Agenda Items ,�/U D5 al or '01144 �'Db/ualL Contracts 5 3-Jan-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: RZN 05-1834 (Vantage Square, 175 ): Submitted by Crafton, Tull & Assoc. for property located at Lots 6C and 7A in Vantage Square. The property is zoned R-O, Residential Office' and R-PZD, Residential Planned Zoning District and contains approximately 13.47 acres. The request is to rezone the subject property to C- 1 , Neighborhood Commercial and C-2, Thoroughfare Commercial. $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 CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached )Zr16 0 Previous Ordinance or Resolution # n/a Department ire Date Original Contract Date: n/a Original Contract Number: n/a �Z� f � • oI City A Received in City Clerk's Offic 1 ' Finan and Internal Service Director Date Received in Mayor's Office 2�c j214 Mayor Date Comments: s . �t��d E .; � _ City Council Meeting of January 03, 2006 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: December 15, 2005 Subject: Rezoning for Vantage Square (RZN 05- 1834) RECOMMENDATION The Planning staff recommends approval of the subject rezoning request to rezone approximately 13.47 acres of property from R-PZD 04- 1075 (Cambridge Crossing) and R-O, Residential Office, to C- 1 , Neighborhood Commercial, and C-2, Thoroughfare Commercial. BACKGROUND The subject property contains several tracts of property containing approximately 13 .47 acres. The majority of the site is zoned R-PZD 04- 1074 with a small portion of 0.44 acres zoned R-O, Residential Office. The site is currently vacant, with the newly constructed Regions Bank to the northwest. On June 14, 2004, the Planning Commission forwarded R-PZD 04- 1074, Cambridge Crossing, to the City Council with a recommendation of approval. On July 20, 2004, the City Council approved the proposed rezoning and preliminary plat to create a town-house style development consisting of 57 attached residential dwelling units and one ( 1 ) lot reserved for community greenspace. A future phase was identified on the western portion of the subject tract, to be reviewed as a Planned Zoning District at the time of development. The applicant encountered unexpected delays and situations which did not make it feasible to proceed with the construction of the approved plans. DISCUSSION This item was heard at the regular Planning Commission on December 12, 2005. The Planning Commission voted 8-0-0 to recommend approval of this rezoning request to the City Council. The property was rezoned R-PZD with unique zoning criteria and a preliminary plat approved. It is no longer the desire of the applicant to proceed with construction of the approved development. As the approval of the R-PZD is subject to expiration and revocation if not constructed within the time frame set forth in Chapter 166 of the Unified Development Code, eventually, the R-PZD zoning will become void. To develop the City Council Meeting of January 03, 2006 Agenda Item Number property for anything other than the approved R-PZD, the applicant is required to submit a rezoning request. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 05- 1834 FOR APPROXIMATELY 13 .47 ACRES LOCATED AT LOTS 6C AND 7A IN VANTAGE SQUARE FROM R-PZD 04- 1075 (CAMBRIDGE CROSSING) AND R- O, RESIDENTIAL OFFICE TO C- 1 , NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 : That the zone classification of the following described property is hereby changed as follows: From R-PZD 04- 1075 (Cambridge Crossing) and R-O, Residential Office to C- I , Neighborhood Commercial and C-27 Thoroughfare Commercial, as shown on Exhibit "A" Attached hereto and made a part hereof. Section 2: That the official zoning map;of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning change prgvided jn Section I above. PASSED and APPROVED this `,` day of 12006. �. APPROVED: r ,k ' By: DAN GOODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" RZN 05-1834 REZONING DESCRIPTION : (PROPOSED C- 1 North) A PART OF LOT 7A, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK_ 10 AT PAGE 79; THENCE N88057'05"E 338.34 FEET TO THE POINT OF BEGINNING, .BEING A POINT ON THE SOUTH RIGHT-OF-WAY FOR, JOYCE BOULEVARD THENCE N88057'05"E ALONG SAID SOUTHRIGHT-OF-WAY 59.41 FEET TO THE NORTHEAST CORNER OF SAID LOT 7A OF VANTAGESQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00051130"E 325.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7A; THENCE S88057105"W ALONG THOSOUTH=BOUNDARY`LINE OF SAID LOT 7A 59.41 FEET; v THENCE LEAVING SAID-,SOUTH BOUNDARY LINE`N00051 '30"W 325.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.44 ACRES, MORE OR LESS. REZONING DESCRIPTION : (PROPOSED C-f§outh) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICEFOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004 17:-7,01 BEING PART OF THE,,SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH;=RANGF130 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE'ORIGINAL NORTHWEST CORNER OF LOT 7 OF VANTAGE`SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE S15° 13' 05 "W 338.58 FEET; THENCE N88°57'05"E 432. 10 FEET TO THE POINT OF BEGINNING; THENCE N8805T05"E 279.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 6C VANTAGE SQUARE, UNIT 2, AT PLAT RECORD 2004- 17701 ; THENCE S00050' 56"E 848.88 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6C, BEING A POINT ON THE NORTHERN BOUNDARY OF PROPERTY DEDICATED TO THE CITY OF FAYETTEVILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE FOLLOWING TWO COURSES: THENCE N34036' 10"W 402.01 FEET; THENCE N41 °35'38"W 85.86 FEET; THENCE LEAVING SAID NORTHERN BOUNDARY N00051121 "W 448.61 FEET TO THE POINT OF BEGINNING, CONTAINING 4. 11 ACRES, MORE OR LESS . REZONING DESCRIPTION: (PROPOSED C-2) A PART OF LOT 6C, VANTAGE SQUARE UNIT 2, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2004- 17701 BEING PART OF THE SW 1 /4 OF THE NW 1 /4 OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL NORTHWEST CORNERbPIOT 7 OF VANTAGE SQUARE ADDITION, PER PLAT BOOK 10 AT PAGE 79; THENCE SI 5013'05"W 338.58 FEET TO THE POINT OEoBEGINNING; THENCE N88057'05"E 432. 10 FEET; THENCE S00°51 '21iMlE 44.e6'VFEET TO THE SOUTH LINE OF SAID LOT 6C, BEING A POINT,©NxTHE NORTHERN BOUNDARY OF PROPERTY DEDICATED Tq, THE CITY OF FAYETTEV;ILLE AS INSTRUMENT NO. 9709229; THENCE ALONG SAID NORTHERN BOUNDARY THE�F,OLLOWING-FIVE COURSES: THENCE N41 °35'38"W 177. 14 FEET- THENCE N63 042'20"W 267.00 FEET; ';; THENCE S80°56'01 "W 155.00 FEET;' THENCE S56019'22"W 335.00 FEET; ' THENCE N73057'20"W 388 96.FEET TOTSOUTH ! EST CORNER OF SAID LOT 6C; THENCE LEA,UING -SAID NORTHERN BOUNDARY N18°23 ' 31 "E 292.26 FEET; THENCE N50°01 ' 17"E 200.91 FEE THENCE S39059' 12"E 185.39 FEET; THENCE S74°48'38Eh338.61 FEET; THENCE IV15° 13 '05"E 121 . 18 FEET TO THE POINT OF BEGINNING;CONTAIN'ING. 7.41 ACRES, MORE OR LESS. Gr . taY p c:x t X . j j� aye L V 1 �e PC Meeting of December 12, 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 THRU: Jeremy Pate, Director of Current Planning DATE: December 3 , 2005 RZN 05-1834: (VANTAGE SQUARE, 175): Submitted by CRAFTON, TULL & ASSOC. for property located at LOTS 6C AND 7A IN VANTAGE SQUARE. The property is zoned R-O, RESIDENTIAL OFFICE AND R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, and contains approximately 13.47 acres. The request is to rezone the subject properties to C- 1 , Neighborhood Commercial, and C-2, Thoroughfare Commercial. Property Owner: Chambers Bank Czervik Investments Planner: SUZANNE MORGAN RECOMMENDATION: Staff_ recommends approval of the proposed rezoning from R-PZD 04-1075 (Cambridge Crossing) and R-O, Residential Office, to C-1, Neighborhood Commercial, and C-2, Thoroughfare Commercial based on the findings herein, PLANNING COMMISSION ACTION: Required 'VES O Approved ' O Denied Date: . December.. 12, 2005 CITY' COUNCIL ACTION: Required ' YES O Approved O Denied Date: II January,03, 2005 (first -re'adinQ.if recommended)' BACKGROUND: Property description: The subject property contains several tracts of property containing approximately 13 .47 acres. The majority of the site is zoned R-PZD.04- 1074 with a small portion of 0.44 acres zoned R-O, Residential Office. The site is currently vacant, with the newly constructed Regions Bank to the northwest. Background: On June 14, 2004, the Planning Commission forwarded R-PZD 04- 1074, Cambridge Crossing, to the City Council with a recommendation of approval. On July 20, 2004, the City Council approved the proposed rezoning and preliminary plat to create a town-house style development consisting of 57 attached residential dwelling units and one (1 ) lot reserved for community greenspace. A future phase was identified on the western portion of the subject tract, to be reviewed as a Planned Zoning District at the time of development. The applicant encountered unexpected delays and situations which did not make it feasible to proceed with the construction of the approved plans. Request: The applicant is requesting the property be rezoned from R-PZD to C-2 and C- 1 . The C- 1 zoning district will be adjacent to the RMF-24 zoning district and developed as Butterfield Village. Prior to the City Council approval of the R-PZD, the property adjacent to Butterfield Village was zoned R-O and the property proposed to be rezoned C-2 was formerly zoned C-2. Public Comment: Staff has received no written public comment concerning the requested rezoning. Recommendation: Staff recommends approval of the rezoning request based on the findings included in the staff report. Future development on this site will be regulated by the City to ensure adequate services, infrastructure, connectivity and consistent development within the surrounding area. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant lot, Community Bank, C-2, Thoroughfare Commercial Regions Bank C- 1 , Neighborhood Commercial South Mud Creek, trails stem C-2, Thoroughfare Commercial East Butterfield Trail Village RMF-24, Res Multifamily, 24 DU/Acre West Regio s Bank, vacant C-2, Thoroughfare Commercial INFRASTRUCTURE: Streets: The site has access to Vantage Road. This development may be assessed for traffic signal improvements and street improvements to Joyce Boulevard. Improvements that may be required shall be evaluated by staff as development occurs. Table 2 Ne rby Master Street Plan Streets Direction from Site Street Name Master Street Plan Classification East Old Missouri Road Collector Street North Joyce Blvd' Principal Arterial West College Ave/Hwy 71 B Principal Arterial Through Site Vantage Dr.' Collector Street ' Directly adjacent to the site.