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HomeMy WebLinkAboutOrdinance 4821 � mcrao - - mmmoo � �- nm000 � aao = ORDINANCE NO, 4821 O00 � w .. a C)a �aoo — AN ORDINANCE ESTABLISHING A RESIDENTIAL CF) ogo .`. a 0"o — PLANNED ZONING DISTRICT TITLED R-PZD 05- 1816, 000 = SKATE PLACE CONDOMINIUMS, LOCATED SOUTH OF ASH STREET ON BOTH SIDES OF CHESTNUT O � Xo02 0 �7 STREET, CONTAINING APPROXIMATELY 3 .38 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE I-A ASSOCIATED MASTER DEVELOPMENT PLAN. U1 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 I- 1 , Heavy Commercial/Light Industrial, to R-PZD 05- 1816 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan, development standards, and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3. That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this 17th day of January, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: `�RKITREq''�.. , . sees S By. S NDRA SMITH, City Clerk Y ; FAYETTEVILLE ; serf �z� :� 600600 EXHIBIT "A" R-PZD 05-1816 PARCEL 765-09580-000 PART OF LOTS 5 AND 6 IN BLOCK 11 IN VALLEY VIEW SUBDIVISION, BEING PART OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND IRON PIN 5 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE EAST RIGHT OF WAY LINE OF CHESTNUT STREET (45' R/W) NO2045'07"E 301 .50 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A LONG CHORD THAT BEARS N47049'40"E, 28.32 FEET, AN ARC DISTANCE OF 31 .47 FEET TO A POINT ON A LINE 5' SOUTH OF THE PLATTED NORTH LINE OF LOT 6, BEING THE EXISTING SOUTH RIGHT-OF-WAY LINE (45' RIGHT-OF-WAY) OF ASH STREET; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S87005'47"E 261 .68 FEET TO A POINT 5' SOUTH OF THE PLATTED NORTHEAST CORNER OF SAID LOT 5 ; THENCE ALONG THE EAST LINE OF SAID LOT 5 S03037'26"W 321 . 10 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5 ; THENCE ALONG THE SOUTH LINE OF SAID LOTS 5 AND 6 N8701 1 '45 "W 276.85 FEET TO THE POINT OF BEGINNING, CONTAINING 2.06 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT PARCEL 765-09570-000 ALL OF LOT 1 IN BLOCK 10 IN VALLEY VIEW SUBDIVISION, BEING PART OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 4, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID LOT 1 ; THENCE ALONG THE NORTH LINE OF SAID LOT 1 S87°05'24"E 83 .70 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A LONG CHORD THAT BEARS S42010'0811E, 28.25 FEET, AN ARC DISTANCE OF 31 .36 FEET TO THE EAST LINE OF SAID LOT 1 ; THENCE ALONG SAID EAST LINE S02045'07"W 306.24 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID LOT 1 ; THENCE ALONG THE SOUTH LINE OF SAID LOT I N86056'57"W 248.92 FEET TO A FOUND IRON PIN AT THE SOUTHWEST CORNER OF SAID LOT 1 ; THENCE ALONG THE WEST LINE OF SAID LOT 1 N26°49'32"E 356. 14 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .32 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT Washington County, AR I certify this instrument was filed on 02/15/2006 11 :43:43 AM and recorded in Real Estate File Number 2006-0000641 Bette Stamps - Circuit le by p/LD City of Fayetteville ro Staff Review Form I'ZI} b5-�816 City Council Agenda Items or s4f4 �4PC(�iG�d Contracts 3-Jan-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 05- 1816: (Skate Place Condominiums, 366/367): Submitted by Project Design Consultants for property located south of Ash Street on both sides of Chestnut Street. The property is zoned 1- 1 , Heavy Commercial/Light Industrial, and contains approximately 3.38 acres. The request is to approve a Residential Planned Zoning District with 34 dwelling units and an existing industrial structure. $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 Previous Ordinance or Resolution # n/a Dep^rtm t Dire Date Original Contract Date: n/a Original Contract Number: n/a 12 - 16 . 0 City �t orney Received in City Clerk's Office Financ6 and Internal Service Director Date / Received in Mayor's Office m Mayor Date Comments: � r � cn gec 4r4-� IY4c%orri //3/d6 City Council Meeting of January 3, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations �Q From : Jeremy C. Pate, Director of Current Planning d` Date: December 13, 2005 Subject: Rezoning for the Skate Place Condominiums (R-PZD 05- 1816) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Residential Planned Zoning District (R-PZD) for the Skate Place Condominiums, submitted by Project Design Consultants, Inc. This action will establish a unique zoning district for a residential subdivision on a 3.38-acre tract south of Ash Street on both sides of Chestnut Street. BACKGROUND The subject property contains approximately 3 .38 acres containing the abandoned Skate Place skating rink building and parking lot in the eastern portion of the site, with Scull Creek and its associated riparian and wooded habitat over the western portion of the site. It is currently zoned I- I , Heavy Commercial/Light Industrial. The applicant requests rezoning approval for a unique R-PZD zoning district. The proposed use of the site is for preservation/trail uses, 34 condominium units, and industrial uses at the abandoned building. DISCUSSION The Planning Commission voted 5-3-0 in favor of this request on December 12, 2005, with commissioners Graves, Clark, and Trumbo voting no, finding that the proposed residential development is not compatible with surrounding, established industrial uses. A PZD requires City Council approval as it includes zoning approval. Recommended conditions were approved by the Planning Commission and are reflected in the attached staff report. The proposed use of the site is for a mixed use development intended to attached residential housing and revitalize an abandoned site in this industrial neighborhood. Residential uses would be screened from surounding industrial uses by a landscape buffer and privacy fence on the east and south, with the Scull Creek riparian area tree canopy, and future trail corridor providing a buffer along the west. The proposed development would be accessed off of Ash Street to the north, with Chestnut Street being extended south through the site connecting with Sycamore Street. Finding the proposal compliant with the intent and spirit of the ordinance and compatible with developing land in the vicinity, staff and the Planning Commission recommend approval of this R-PZD. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 05- 1816, SKATE PLACE CONDOMINIUMS, LOCATED SOUTH OF ASH STREET ON BOTH SIDES OF CHESTNUT STREET, CONTAINING APPROXIMATELY 3 .38 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN. 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 I-1 , Heavy Commercial/Light Industrial, to R-PZD 05-1816 as shown in Exhibit "A" attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan, development standards, and conditions of approval as submitted, determined appropriate and approved by the City Council. Section 3. That this ordinance shall take effect and be in full force at such time as all of the requirements of the master development plan have been met. Section 4. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED AND APPROVED this day of , 2006. APPROVED: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" R-PZD 05-1816 PARCEL 765-09580-000 PART OF LOTS 5 AND 6 IN BLOCK I 1 IN VALLEY VIEW SUBDIVISION, BEING PART OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 4, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN 5 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE EAST RIGHT OF WAY LINE OF CHESTNUT STREET (45' RIW) NO2045'07" E 301 .50 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A LONG CHORD THAT BEARS N47049'40"E, 28.32 FEET, AN ARC DISTANCE OF 31 .47 FEET TO A POINT ON A LINE 5' SOUTH OF THE PLATTED NORTH LINE OF LOT 6, BEING THE EXISTING SOUTH RIGHT-OF-WAY LINE (45' RIGHT-OF-WAY) OF ASH STREET; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S87005'47" E 261 .68 FEET TO A POINT 5' SOUTH OF THE PLATTED NORTHEAST CORNER OF SAID LOT 5 ; THENCE ALONG THE EAST LINE OF SAID LOT 5 S03037'26"W 321 . 10 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5 ; THENCE ALONG THE SOUTH LINE OF SAID LOTS 5 AND 6 N87° 11 '45"W 276.85 FEET TO THE POINT OF BEGINNING, CONTAINING 2.06 ACRES, MORE OR LESS, SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT PARCEL 765-09570-000 ALL OF LOT 1 IN BLOCK 10 IN VALLEY VIEW SUBDIVISION, BEING PART OF THE SOUTHEAST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 4, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS : BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID LOT 1 ; THENCE ALONG THE NORTH LINE OF SAID LOT 1 S87°05'24"E 83 .70 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A LONG CHORD THAT BEARS S42010'08"E7 28.25 FEET, AN ARC DISTANCE OF 31 .36 FEET TO THE EAST LINE OF SAID LOT l ; THENCE ALONG SAID EAST LINE S02045'07"W 306.24 FEET TO A FOUND IRON PIN AT THE SOUTHEAST CORNER OF SAID LOT 1 ; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 N86156'57"W 248.92 FEET TO A FOUND IRON PIN AT THE SOUTHWEST CORNER OF SAID LOT 1 ; THENCE ALONG THE WEST LINE OF SAID LOT I N26049'32" E 356. 14 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .32 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT T • a Y ARe eve e PC Meeting of December 12 , 2005 KANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Andrew Garner, Senior Planner Brent O'Neal, Staff Engineer THRU : Jeremy Pate, Director of Current Planning DATE: NeNrember 30, 2005 December 15, 2005 R-PZD 05- 1816: Planned Zoning District (SKATE PLACE CONDOMINIUMS, 366/367): Submitted by PROJECT DESIGN CONSULTANTS for property located at the SOUTHWEST CORNER OF ASH AND CHESTNUT STREETS . The property is zoned 1- 1 , HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 3 .38 acres. The request is to approve a Residential Planned Zoning District ( R-PZD) with 34 dwelling units and an existing industrial structure. Property Owner: HOMETOWN DEVELOPMENT Planner: ANDREW GARNER Findings : Property Description: The subject property consists of approximately 3 .38 acres located at the southwest comer of Ash and Chestnut Streets. Scull Creek flows south-north in the western portion of the site. The property is currently zoned 1- 1 and has approximately 32% tree canopy. The abandoned Skate Place skating rink building ( 18, 140 square feet) and parking lot is located in the eastern portion of the site. Proposal: The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. The proposed use of the site is for park/recreation uses (Planning Area 1 ), 34 condominium units (Planning Area 2), and industrial uses that would be allowed to remain at the abandoned building in the eastern portion of the site (Planning Area 3). The intent of the developer is to provide affordable housing units and revitalize an abandoned site in this industrial neighborhood. Residential uses would be screened from surrounding industrial uses by a landscape buffer and privacy fence on three sides, with the Scull Creek riparian area providing a buffer along the western portion of the development. Residential density over the entire 3 .38-acre site would be approximately 10 units/acre and approximately 18 units/per acre in the 1 .91 -acre Planning Area 2 . Building setbacks for the condominium development would be 10' off of Ash Street and Chestnut Street, 8 ' off the side, and 10' off of the rear property line. K:IReportst.20051 PC Repore012-12-051 R-P71) 0548/6 (Skate Place Condominiams).doc Bulk and area criteria, while usually provided within the staff report, have been provided in duplicate by the applicant. The project booklet provided gives the zoning criteria in detail, as do the Master Development Plans. Please reference this provided material for more information. These documents are binding to the zoning of the property. Surrounding Land Use/Zoning: Direction Land Use Zoning from Site North Industrial; Multi-Family Residential 1- 1 , RMF-24 South Industrial 1- 1 East Industrial I- 1 West Scull Creek 1- 1 Water & Sewer: Water and sewer lines are being extended to serve the development. Access: Access to the proposed multi-family development and existing industrial structure would be directly off of Ash Street to the north, with Chestnut Street being extended south through the site connecting with Sycamore Street. Pedestrian access would be provided through sidewalks along the adjacent streets, with the Scull Creek Trail in the western portion of the site. Adjacent Master Street Plan Streets: Ash Street and Chestnut Streets (local streets). Street Improvements: Staff recommends the following street improvements: Ash Street - pavement 14' from centerline, curb, gutter, storm drain, and 6' sidewalk along the project frontage, with construction of a full 28' pavement section extending from the existing terminus of Ash Street into the project site. Chestnut Street — full street section to Master Street Plan Standards for a local street through the project site (minimum 50' right-of-way), transitioning to a 28 ' pavement only street section with curb, gutter, and storm drainage, extending south from the project line and connecting with Sycamore Street. Parks: On November 7, 2005, the Park and Recreation Advisory Board recommended accepting money in lieu of land for 34 multi-family units for total park fees of $13,362. Additionally, the developer agreed to donate 0.53 acre for a 20' wide trail corridor for Scull Creek Trail. Tree Preservation: Existing Canopy: 32% Preserved Canopy: 17% Required Canopy: 25% Mitigation: Required; 21 two-inch caliper trees (onsite planting) Public Comment: Public comment was made from adjacent business owners on Ash Street that the proposed residential development would not be compatible with existing industrial uses in the immediate vicinity. It was discussed that trucking and transporting businesses in the immediate area operate semi- trucks, test air-homs, and operate other industrial business activities that cause high volumes of noise at all hours of the day and night that would be K:Weporls12005WC Reports112-12-051R-PZD 05-1816 (Skate Place Condominiums).doc a nuisance to residential use. Recommendation : Staff recommends forwarding R-PZD 05- 1816 to the City Council with a recommendation for approval with the following conditions: Conditions of Approval: 1 . Planning Commission determination of street improvements. Staf/ recommends the following street improvements: a. Ash Street (local street) — pavement 14 ' from centerline, curb, gutter, storm drain, and 6 ' sidewalk along the project frontage, with construction of a 28 ' pavement section extending fi-om the existing terminus of Ash Street into the project site. b. Chestnut Street (local street) —fill/ 28 ' street section to Master Street Plan Standards for a local street through the project site (minimum 50 ' right- of-way), transitioning to a 28 ' street section with curb, gutter, and storm drainage, extending south from the project line and connecting with Sycamore Street. PLANNING COMMISSION FOUND IN FAVOR OF THIS CONDITION ( 12/ 12/05). 2. The legal description needs to be signed by the applicant, their representative, or surveyor, and re-submitted to Planning Staff. 3 . Revise the lighting note on page C3 .0 to delete reference to `utilizing high pressure sodium lighting or energy equivalent' , and instead refer to ' lighting in compliance with the City's Lighting Ordinance' . 4. As part of the lighting plan the location of the proposed exterior lights on the buildings and in the parking lot is required to be disclosed. 5. Based on the proposed 69 parking spaces two bike racks are required. Locate them on the plans. 6. Trash enclosures shall be screened with access not visible from the street. 7. Revise the land use comparison table on page 5 of the booklet to be consistent with the zoning chart on the plats. It appears the zoning information on the plats was updated to incorporate revisions from Subdivision Committee but the table in the booklet was not updated. 8. If the existing building in Planning Area 3 undergoes substantial changes in the exterior facades, this planning area should be subject to the City' s commercial design standards for the front fagade. 9. The booklet should be revised for consistency to reflect Planning Area 3 as part of the KAReports120051PC Repons112-12-051R-P71) 05-1816 (Skate Place Condominiums).doc project, i.e., Page I , Item B, include a description of the industrial uses that would be allowed in the summary description of the project. 10. On page 12, item 10 in the booklet, add a note that that the existing building square feet) would be retained and used for industrial uses. 11 . Staff recommends removing Use Unit 19 as a conditional use from Planning Area 3 . This change should be reflected on the plats and in the booklet. 12 . Booklet, page 12, item O, last bullet point, delete ` the existing' and `to remain', thereby reflecting the proposed and updated conditional uses allowed in Planning Area 3 . 13 . The existing structure in Planning Area 3 does not appear to have adequate parking spaces per the City ordinance. An additional seven spaces are required in Planning Area 3 as shown below: PLANNING AREA 3 PARKING REQUIREMENTS Use Square Feet Spaces Required Spaces Provided Industrial 157890 13 .2 Office 25250 9 TOTAL 22.2 (+/- 30% 16-29 spaces) 9 14. No portion of any structure (i .e., porches, overhangs, etc.) shall encroach into building setbacks. 15. Buildings shall be constructed generally as depicted in the building elevations in the booklet with the materials specified. 16. Parks fees for 34 Multi-Family Units are due in the amount of $13,362 prior to issuance of a building permit. 17. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified Development Code, and shall be subject to signage requirements for residential multi- family development. This shall be reflected in the booklets and on the plats. 18. Street lights shall be installed with a maximum separation of 300 feet along Chestnut Street. 19. A floodplain development permit will be required. 20. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. K:IReporfs12005l PC ReporlsII2-12-051 R-PZD 05-1316 !Skate Place Condominiums/.doc 21 . Mitigation will be required to replace 7,963 .89 square feet of canopy to mitigate up to the required 25%. The developer will be planting the required 21 (2) inch caliper trees on-site. A 3-year mitigation bond will be required in the amount of $5,250. This amount needs to be deposited in the form of a letter of credit, bond, or check before signature of Final Plat. 22. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. Standard Conditions of Approval: 23 . 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). 24. 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. 25. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 26. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area. C. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 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. RAReports12005WC ReportsU2-12-0511?-P7.D 05-1316 (Skate Place Condominiunu).doc Planning Commission Action: ❑ Tabled Forwarded to City Council ❑ Denied Motion: Allen Second: Myres Vote: 5-3-0 (with Commissioners Clark, Graves, and Trumbo voting no) Meeting Date: December 12, 2005 Comments: 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 KJReporls120051PC Reporrsl 2-12-051R-PZD 05-1816 (Skate Place Condominiums).doc