HomeMy WebLinkAboutOrdinance 4846 ' Illllllllllllllllllllllliillllllllllllllllllllllllllllllllllllllllllllllllllllll ''
Doc ID : 009832870002 TVDe : REL
Recorded : ' 04/05/2008 at 04 : 03 : 42 PM
Fee Amt : $11 . 00 Pane 1 of 2
Mashlnoton Countv . AR
Bette Stamps Circuit Clerk
File 2006-00013591
ORDINANCE NO, 4846
AN ORDINANCE TO AMEND THE APPROVED
RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-
PZD 05- 1734, PARADISE POINT, LOCATED WEST OF
CROSSOVER, SOUTH OF JOYCE BOULEVARD,
CONTAINING APPROXIMATELY 1 .55 ACRES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : That condition of approval #3 of the original R-PZD shall be deleted and
the following condition is adopted in its stead:
Two curb cuts shall be permitted onto Crossover Road as
shown on the submitted site plan, subject to approval by
AHTD. In addition, the developer shall construct a
driveway stub-out to provide future cross-access from the
subject property to the northern property line utilizing the
eastern connection as submitted for review at the
November 28, 2005 Planning Commission meeting. An
access easement shall be shown on the site plan, extending
from the right-of-way to the northern property line. This
access easement shall be dedicated prior to issuance of the
building permit. Furthermore, the applicant shall comply
with all other conditions of the approved R-PZD 05- 1734.
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. 41
.
PASSED and APPROVED this 21St day of March 2006.
\I Oo� ' Gp�
APPROVED: ATTEST: : FAYETTEVILLE:
o � 2�a
�.9�,y�RKANSPVj,�.
By. By, •��i,/yG i ON � � �•
DA O011Y, Mayor SON RA SMITH, City Clerk
EXHIBIT L°A"
R-PZD 05-1734
LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, . MORE PARTICULARY
DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 , THENCE NO2025136"E
184.24 FEET; THENCE S88°07'29"E 10.49 FEET; THENCE NO2011 '58 "E 4.23 FEET;
THENCE S87038'29"E 55.34 FEET; THENCE S23038'06"E 99. 87 FEET; THENCE
S86000'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS HIGHWAY
265 ; THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE
COURSES: THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93
FOOT RADIUS AND A S10°53'03 "W 134.55 FOOT CHORD; THENCE S15° 14'01 "W 122.74
FEET; THENCE 45 . 11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175 .73 FOOT
RADIUS AND A S13038'43 "W 45 . 10 FOOT CHORD; THENCE LEAVING SAID WEST
RIGHT-OF WAY N86033'20"W 40.99 FEET; THENCE N28°47'51 "W 234.05 FEET; THENCE
N85055'23 "W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55 ACRES,
MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
04/05/2006 04:03:42 PM
and recorded in Real Estate
File Number 2006-0001359
Bette Stamps - Circuit Cle
by - - -
3lu � o(o
City of Fayetteville
Staff Review Form 7�/
City Council Agenda Items � �.�Qr17Y
or Pant
Contracts
21 -Mar-06
p City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ADM 06- 1976: (Paradise Point R-PZD, 177): Submitted by lit Engineering, Inc. for property located west of Crossover, south
of Joyce Boulevard. The property is zoned R-PZD, and contains approximately 1 .55 acres. The request is to amend a
previously approved Residential Planned Zoning District (Paradise Point R-PZD 05- 1734) with 12,065 s.f. of retail space, 12
residential units, and 55 parking spaces. The amendment will allow a second curb cut onto Crossover Road in-lieu of cross-
access to the north.
$0.00 n/a n/a
Cost of this request Catego /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
3- Zob
Department D ector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Cler s Office
FN .R .D
;;n4
Finance Ad Interna Service Director Date If
Received in Mayor's Office
Mayor Date
Comments: 6
City Council Meeting of March 21 , 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: March 2, 2006
Subject: Residential Planned Zoning District for Paradise Point (R-PZD 06- 1976)
RECOMMENDATION
Planning Staff recommends approval of an ordinance amending Residential Planned
Zoning District (R-PZD 05- 1734) for Paradise Point. The amendment would permit two
curb cuts onto Crossover Road. In addition, staff recommends the construction of a
driveway to provide future cross-access from the subject property to the northern
property line utilizing the eastern connection as submitted for review at the November 28,
2005 Planning Commission meeting.
BACKGROUND
The subject property consists of approximately 1 .55 acres located west of Crossover
Road and the UAMS Campus. It is currently zoned R-PZD and surrounded by a golf
course to the west and south. On November 28, 2005, the Planning Commission voted 9-
0-0 to recommend forwarding a rezoning and large scale development approval for a
mixed use development within a unique R-PZD zoning district to the City Council . The
City Council approved the R-PZD on January 3, 2006 with all conditions and
recommendations made by the Planning Commission.
The applicant was unable to receive authorization from the adjacent property owner for
cross-access through the property to the north. Per the conditions of approval, the
applicant is required to resubmit to the Planning Commission and City Council for
evaluation of safe and adequate means of access and traffic patterns. Instead of removing
the cross-access and only providing one access onto Hwy 265 (Crossover Road), the
applicant proposes two curb cuts on the Crossover Road.
DISCUSSION
The Planning Commission voted 6-0-0 in favor of this request on February 27, 2006.
Recommended conditions were amended and approved by the Planning Commission and
are reflected in the attached staff report.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE APPROVED
RESIDENTIAL PLANNED ZONING DISTRICT
TITLED R-PZD 05- 1734, PARADISE POINT,
LOCATED WEST OF CROSSOVER, SOUTH OF
JOYCE BOULEVARD, CONTAINING
APPROXIMATELY 1 .55 ACRES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That condition of approval 43 of the original R-PZD shall be deleted and
the following condition is adopted in its stead:
Two curb cuts shall be permitted onto Crossover
Road as shown on the submitted site plan, subject to
approval by AHTD. In addition, the developer shall
construct a driveway stub-out to provide future
cross-access from the subject property to the
northern property line utilizing the eastern
connection as submitted for review at the November
28, 2005 Planning Commission meeting. An access
easement shall be shown on the site plan, extending
from the right-of-way to the northern property line.
This access easement shall be dedicated prior to
issuance of the building permit. Furthermore, the
applicant shall comply with all other conditions of
the approved R-PZD 05- 1734.
Section 2: 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 21St day of March 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
R-PZD 06-1976
LOTS 1 AND 2 OF FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARY
DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT I
THENCE NO2025'36"E 184.24 FEET;
THENCE S88007'29"E 10.49 FEET;
THENCE N0201 1 '58"E 4.23 FEET;
THENCE S87038'29"E 55.34 FEET;
THENCE S23038'06"E 99.87 FEET;
THENCE S86000'07"E 248.30 FEET TO THE WEST RIGHT-OF-WAY OF ARKANSAS
HIGHWAY 265;
THENCE ALONG SAID WEST RIGHT-OF-WAY THE FOLLOWING THREE COURSES :
THENCE 134.67 FEET ALONG A CURVE TO THE RIGHT HAVING A 914.93 FOOT
RADIUS AND A SI0053'03 "W 134.55 FOOT CHORD;
THENCE S15° 14'01 "W 122.74 FEET;
THENCE 45 . 11 FEET ALONG A CURVE TO THE LEFT HAVING A 1175.73 FOOT
RADIUS AND A S13°38'43 "W 45 . 10 FOOT CHORD;
THENCE LEAVING SAID WEST RIGHT-OF WAY N86033'20"W 40.99 FEET;
THENCE N28°47'51 "W 234.05 FEET;
THENCE N85055'23 "W 139.87 FEET TO THE POINT OF BEGINNING, CONTAINING 1 .55
ACRES, MORE OR LESS.
2
Taye rve e PC Meeting of February 27, 2006
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: February 21 , 2006
ADM 06-1976: Administrative Item (PARADISE POINT R-PZD, 177): Submitted by
Planning Staff to amend the approved Residential Planned Zoning District for a second curb cut
on Crossover in lieu of cross access.
Planner: Suzanne Morgan
BACKGROUND
Project Description & Background: The subject property consists of approximately 1 .55 acres
located west of Crossover Road. It is south of AHEC and surrounded by a golf course to the
west and south. On November 28, 2005, the Planning Commission voted 9-0-0 to recommend
forwarding a rezoning and large scale development approval for a mixed use development within
a unique R-PZD zoning district to the City Council. The City Council approved the R-PZD on
January 3 , 2006 with all conditions and recommendations made by the Planning Commission.
The third condition of approval required Planning Commission determination of safe and
adequate access to the property. The following is the condition of approval and Planning
Commission recommendation on this matter:
Planning Commission determination of safe and adequate access to the subject property.
The applicant has proposed access to the development from Hwy 265 and an access
easement through the UofA Medical Sciences campus to the north. At this time, the
applicant has not received approval of the proposed access to the north. Staff
recommends that should the applicant not obtain a perpetual access easement to the
property to the north prior to the issuance of a building permit, the application shall be
resubmitted to the Planning Commission for evaluation ofsafe and adequate means of
access and traffic patterns.
The Planning Commission recommended approval with a second access and the
allowance for this second access to the north to be moved west of where currently
proposed. The plat has been revised to show a secondary access to the north along the
western property line. The addition of parking has also been shown as part of the
proposed access to serve the property to the north. Prior to construction of this parking
area all necessary permits for construction shall be obtained.
K.lReporU120061PC ReporuIO2-17-061ADM 06-1976 (Paradise Point R-PZD).doc
The Planning Commission recommended to move the cross access to the west due to the
applicant's request (see Minutes of the 11 /28/05 meeting).
Proposal: The applicant was unable to receive authorization from the adjacent property owner
for cross-access through the property to the north. Per the conditions of approval, the applicant is
required to resubmit to the Planning Commission and City Council for evaluation of safe and
adequate means of access and traffic patterns. Instead of removing the cross-access and only
providing one access onto Hwy 265 (Crossover Road), the applicant proposes two curb cuts on
the Crossover Road.
DISCUSSION
Curb Cuts:
Staff finds that the request to have two curb cuts onto Crossover Road will not create a
dangerous traffic situation for the following reasons:
I . There are no curb cuts on the east side of Crossover Rd to conflict with turning
movements.
2. There are no curb cuts between the northern curb cut and the intersection of Crossover
and Joyce.
3. The distance between these two curb cuts and the street to the south is approximately 200
feet, providing adequate distance between two vehicle turning movements.
4. The throat length of each proposed driveway appears adequate for stacking distance into
and out of the property.
5. If the golf course ever develops, it only has access to Crossover Rd just south of Paradise
Point. Vehicles may be able to utilize cross access through Paradise Point. This can be
reviewed in the future, if and when the golf course develops.
Cross Access:
Staff recommends that the applicant provide an access easement to the northern property line and
construct a 24' wide driveway to the property line. This will allow access between the adjacent
properties if at some point in the future an agreement can be reached, thereby improving
connectivity in this area. The site plan submitted by the applicant does not indicate an access
easement or construction of a stub-out to the property line. In reviewing each of the cross access
locations proposed by the applicant in relation to the Tree Preservation Plan, the western
connection (as requested by the applicant and approved by Planning Commission and City
Council) will result in the greatest disturbance of existing greenspace and the removal and
disturbance of several significant, high priority trees on the subject property (and possibly the
adjacent property, though a survey of tree canopy was not conducted on the adjacent property).
Other Modifications:
The applicant has not reduced the proposed parking numbers from the original request.
However, 19 of the 55 parking spaces (35%) were reduced in width to meet compact space
requirements. The amount of compact spaces is within the allowance granted by city ordinance.
The applicant updated the project booklet to indicate that there will be two points of access onto
Crossover Road; the zoning criteria was not modified.
K.tReporul2006lPC ReporuIO2.27-061ADM 06-/976 (Paradise Point R-PZD).doc
RECOMMENDATION
Staff recommends approval of two curb cuts onto Crossover Road as shown on the submitted site
plan. In addition, staff recommends the construction of a driveway to provided future cross-
access from the subject property to the northern property line utilizing the eastern connection as
submitted for review at the November 28, 2005 Planning Commission meeting. An access
easement shall be shown on the site plan, extending from the right-of-way to the northern
property line. This access easement shall be dedicated prior to issuance of the building permit.
Furthermore, the applicant shall comply with all other conditions of the approved R-PZD 05-
1734.
Planning Commission Action: 4Forward ❑ Denial
Motion: Clark
Second: Allen
Vote: 6-0-0
Meeting Date: February 27, 2006
Comments:
The wConditions of Approvals listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K.I Reporal2006IPC ReporUI02-27-061ADM 06-1976 (Pnrodise Poin( R-PZD).doc
Ta
ye eve e
ARKANSAS 113 W. Mountain St.
THE CITY OF FAYETTEVILLE ARKANSAS Fayetteville, 72701
' 44 Telephone: (47I) 444-347-347
0
PARKS AND RECREATION DIVISION
Date: February 21, 2006
From: Sarah K. Patterson, Urban Forester
Subject: Paradise Point PZD
With the proposal of the additional ingress/egress onto Highway 265 tree preservation will
not be affected. Both curb cuts have been located in areas where there are no existing trees.
The stub-out proposed to the north does not extend to the property line. If this was to
extend or an access easement added, tree # 18 would have to be removed and mitigated for
appropriately. Tree: #17 would also be compromised with the extension and would not
necessarily require removal .but extra precautions would have to be taken such as root
pruning. Both . ofthese trees are significant, in good shape, and a high priority for
preservation. If the stub-:out Was moved closer to Highway 265, where the originally cross
access was approved, no trees should be lost. The curbs and grading could be located
between tree #10 and #9 without compromising the root system of these trees.
I
,
I
f
I
<.._ -
ENGINEERING, INC.
City of Fayetteville February 20, 2006
113 West Mountain Street
Fayetteville, AR 72701
Attn: Suzanne Morgan
RE: PARADISE POINT RE-SUBMITTAL (R-PZD 05-1734)
Dear Suzanne,
Please review this submittal for the February 27a' Planning Commission Meeting. This
project has already been approved by Planning Commission and City Council but we
have made revisions to the project that will require another review.
In the original submittal and approval, we were proposing 1 entrance to the site from
Highway 265 and 1 entrance to the site from the north via a connection to AHEC's
parking lot. At that time, the Paradise Point owner was in negotiations with the owner of
AHEC for the access easement to connect to the parking lot. The acquisition of this
easement was a condition of approval for our original submittal.
Unfortunately, the negotiations for the access easement fell through and we have had to
revise the plan to allow for 2 entrances to the site off of Highway 265. The changes that
were made to this plan were only associated with the revision from 1 entrance to 2
entrances. We also had to make 19 of the parking spaces compact in order to keep our
parking numbers at the level of our original submittal. We have also included a stub-out
from the parking lot at the northwest comer to the north property line for a possible future
access from the AHEC property line. The only change made to the narrative was on page
6 in the "Traffic and Circulation" section. We removed references to 1 entrance and the
connection to the north and replaced it with references to 2 entrances.
Thank you for your consideration in this matter. If you have any questions or comments,
please call me at 582-4234.
Sincerely, '
7Jetre� Thompson, P. E.
Project Engineer
H2 Engineering, Inc.
Planning Commission
November 28, 2005
Page 19
R- PZD 05- 1734 for Paradise Point
Commissioner Ostner: The next item is R-PZD 05- 1734 for Paradise Point
Ms. Morgan read the staff report. This is a detailed Planned Zoning District Master
Development Plan, an application requesting approval for not only the zoning for this property,
but also the development approval for a large scale development. The property contains
approximately 1 .55 acres and is located west of Crossover and south of Joyce Boulevard. The
applicant requests a mixed-use development, which will incorporate 12 residential units and
127065 sf. of retail/office space. The retail/office space is located on the first floor of the
development as well as one residential unit. There will be 1 l residential units on the second
floor. Page 2 on the staff report indicates the permitted and conditional uses as proposed by the
applicant. Density on the property currently would allow the development of 24 units per acre;
the applicant requests 7.7 units per acre. Setback requirements are a little different than the
RMF-24 and C-2 requirements. Fifty-foot front setbacks and three- foot setbacks on the side and
rear are proposed. A maximum 35 ft in height and a total building area of 20% is proposed.
Access is one of the issues we discussed with this development. Proposed is one access onto
Crossover Road and a northern access through the property to the north, through an existing
parking lot. At the time of the report, the applicant was coordinating with the property
owners to the north for approval for an access easement, which will allow them access onto
that property. If those agreements and easements are not obtained by the time building
permits are being reviewed, this application would have to come back to the Planning
Commission for review to determine whether a single access onto Crossover Road will
constitute safe means of access to this development. With regard to tree preservation, there is
an existing 23% canopy on the property and the applicant proposes to preserve 13% of that
canopy. With the proposal, mitigation would be required by either planting on site or
contributing money in lieu. Staff is recommending forwarding this Master Development Plan
Planned Zoning District to the City Council for approval with a total of 26 conditions of which
are included several determinations, including Planning Commission determination of street
improvements. Staff recommends construction of a 6 foot sidewalk along Crossover Road. This
portion of Crossover and Hwy 265 is not yet improved and is slated to be improved in the future.
Therefore we are not recommending any other improvements than sidewalks at this time.
Condition 2 of the Planning Commission determination addresses commercial design standards.
The applicant has brought a board representing the proposed elevations as well as a material
sample board. Staff finds the proposed elevations are in compliance with commercial design
standards. Subdivision committee found in favor of the elevations and support of the
modifications of the western facade. Condition 3 regards the determination of safety access
discussed. Condition number 5 discusses the approval from any adjoining property owners if
grading is proposed 5 feet from the adjoining property line. Typical developments of this nature
do not have to address that situation, but as the applicant is proposing to build this structure 3
feet from the property line, it would certainly need to be addressed. In addition to that, there are
some offsite easements that will be required. There is an existing easement on the property that