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HomeMy WebLinkAboutOrdinance 4875 _ p iIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIITIIIDILIIIIIIIIIIIIVIIIIIIIIIIIIIIII Doc ID : 010122240005 Tvoe : REL Recorded : 06/30/2006 at 11 : 02 : 21 AM Fee Amt : $20 . 00 Paoe 1 of 5 Hashinoton County . AR Bette stamos Circuit Clerk Fi1e200640026522 c ORDINANCE NO, 4875 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 06- 1921 LAZENBY PHASE 1I, LOCATED WEST OF RAZORBACK ROAD, NORTH OF 15TH STREET, CONTAINING APPROXIMATELY 1 .34 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 R-PZD 03-04.00 to C-PZD 06- 1921 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, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council indicated in Exhibit `B" attached hereto and made a part hereof. 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. � ,,, ��� � `%Nk%Gx K/TR�s.',. PASSED and APPROVED this 61h day of June, 2006. U ;'G\SY p�, G�^ c APPROVED: ATTEST: _ : FAYETTEVILLE ; A� . :9�y pkANSP�J� • By: By. . " ,uuuwa• DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" C-PZD 06-1921 PART OF THE W 1 /2, NE 1 /4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID W 1 /2, NE 1/4 THENCE SOUTH 878.30 FEET, THENCE WEST 124.80 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 00° 17'52" EAST, A DISTANCE OF 183 .93 FEET; THENCE SOUTH 00015'44" EAST, A DISTANCE OF 41 .70 FEET; THENCE SOUTH 12°45'26" WEST, A DISTANCE OF 39.91 FEET; THENCE SOUTH 02°23' 10" EAST, A DISTANCE OF 186.70 FEET; THENCE NORTH 88°48'23 " WEST, A DISTANCE OF 106.84 FEET; THENCE NORTH 88019'47" WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 00°50'00" WEST, A DISTANCE OF 234. 17 FEET; THENCE SOUTH 89042140" WEST, A DISTANCE OF 30.30 FEET; THENCE NORTH 0001700" WEST, A DISTANCE OF 92.00 FEET; THENCE NORTH 56059'59" WEST, A DISTANCE OF 28.73 FEET; THENCE NORTH 00° 17'20" WEST, A DISTANCE OF 94.36 FEET; THENCE NORTH 71024133 " EAST, A DISTANCE OF 40.21 FEET; THENCE EAST, A DISTANCE OF 129.33 FEET TO THE POINT OF BEGINNING. CONTAINING 58,483 .90 SQUARE FEET OR 1 .3426 ACRES, MORE OR LESS. EXHIBIT "B" C-PZD 06-1921 1 . Planning Commission determination of street improvements. Staff recommends the construction of a section of sidewalk measuring 10 feet in width, or as required by AHTD, adjacent to Razorback Road, through the proposed driveway. The applicant shall pay an assessment in the amount of $3 per square foot for a 10 ' sidewalk, or other as specified by AHTD, for the remaining length of the property prior to the issuance of a building permit. The Planning Commission voted in favor of the recommended street improvements. 2. Planning Commission determination of commercial design standards. Staff finds that the buildings presented are further articulated than those originally approved by the Planning Commission and City Council as meeting Commercial Design Standards and finds thisproposal meets that criteria. The Planning Commission voted in favor of commercial design standards. 3. Planning Commission determination of a waiver of a 5 ' greenspace required adjacent to the west property line, between the property line and the parking. Staff recommends approval of the requested waiver as there is a 20 ' utility easement west of the parking area that will be maintained as green space. The Planning Commission voted in favor of the request to waive greenspace requirements adjacent to the west property line. 4. The water easement shall be represented on the easement plan as approved by the Engineering Division and recorded prior to issuance of a building permit. 5. Per the requirements of R-PZD 03-04.00, signage for the commercial structures shall be wall mounted only and shall be in compliance with the C district wall signage allowances as stated in Chapter 174 Signs of the Unified Development Code. 6. Unless specified herein, all future development shall comply with at least the minimum design standards for development in the Unified Development Code, including but not limited to landscaping, parking, access, street design, stormwater detention, etc. Buildings proposed shall be reviewed to ensure appropriate architectural compatibility, compliance with commercial design standards, and/or conformance with the architectural standards and concepts provided with the subject submittal. 7. The applicant shall be granted one (1 ) year from the date of Planning Commission approval to receive all permits necessary for development of the Phase with a one ( 1 ) year extension available. 8. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 9. No portion of any structure (i.e., awnings, overhangs, etc.) shall encroach into building setbacks. 10. Buildings shall be constructed as depicted in the building elevations in the booklet with the materials specified. 11 . Tree species shall be in accordance with the requirements of the Unified Development Code and approved by the Urban Forester. Modification of species may be required due to the proximity of overhead electric lines. 12. The applicant shall comply with all conditions of approval for LSP 06-2016. 13 . All requirements and conditions of approval of R-PZD 03-04.00, where applicable, shall remain in effect. 14. Upon City Council adoption of the proposed C-PZD, the applicant shall submit a revised project booklet and site plan to address the following: a. Modify all references to this proposal from a Residential PZD to a Commercial PZD. b. The Site Plan (Fig. 1 ), a combination of required Sheets 1 , 2, and 3, shall be updated to reflect the permitted and conditional uses, bulk and area requirements, land use intensity, density requirements and Statement of Commitments as set forth on page 4 of the project booklet. c. Two State Plane Coordinates shall be shown on the site plan approved by the City Council and the applicant shall submit a copy of the legal description signed by the owner property. 15 . 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. 16. Prior to building permit, a cost estimate for all required public improvements are required to be submitted to Planning Staff 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. 17. 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). 18 . 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. 19. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 20. 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; c. Separate easement plat for this project that shall include the tree preservation area; d. Project Disk with all final revisions; e. Completion of all required improvements or the placement of a surety (letter of credit, bond, escrow) with the City 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. t City of Fayetteville �' IoI6 Staff Review Form c f� 7J City Council Agenda Itemspw�l9a000 or 1 Contracts J aJ,�n. by phase 16-May-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: C-PZD 06- 1921 : (Lazenby Phase II, 560): Submitted by Landtech Engineering for property located west of Razorback Road, north of 15th Street. The property is zoned R-PZD 03-04.00, a Residential Planned Zoning District, and contains approximately 1 .34 acres. The request is to construct two structures for a total 8,400 square feet of commercial space. $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 \ D Depa merit D re r Date Original Contract Date: n/a Original Contract Number: n/a City A orney Received in ity CI 's Office Finaric nd Internal Service Director Date Received in Mayor's Office / ENTERED Mayor Date Comments: City Council Meeting of May 16, 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: April 26, 2006 Subject: Commercial Planned Zoning District for Lazenby Phase II (C-PZD 06- 1921 ) RECOMMENDATION The Planning Commission voted to forward the subject request for an ordinance creating a Commercial Planned Zoning District (C-PZD) for Lazenby Phase IL This action would establish a unique zoning district for a commercial, development on a 1 .34-acre tract located west of Razorback Road, north of 150' Street. BACKGROUND The property is currently zoned R-PZD 03-04.00, a mixed-use Planned Zoning District . for Lazenby. This R-PZD was approved by the City Council on November 18, 2003 and consisted of 6 residential apartment buildings (112 units, 168 bedrooms) and three ::c J commercial structures located along Razorback Road. The applicant obtained building.. r.: ' • permits for the residential structures and the completion of those structures .is underway. In October of 2005, the applicant deeded right-of-way required by the Arkansas Highway and Transportation Department as part of a street expansion plan for Razorback Road: The additional right-of-way, plus required utility easements and the relocation;of;a: water . .: i line from the State right-of-way resulted in the elimination of one commercial.structure. Staff, therefore, could not permit the structures as approved by the Planning Commission and City Council. The applicant requests a rezoning and large scale development approval for two commercial structures, consisting of a total 8,400 square feet and 72 parking, spaces on the 1 .34-acre property along Razorback Road not yet developed. Zoning criteria- identifying permitted and conditional uses, building setbacks, bulk and area requirements and architectural guidelines are included within the project booklet provided by the applicant. DISCUSSION On April 24, 2006, the Planning Commission voted 8-0-0 in favor of forwarding this request to the City Council. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 06- 1921 LAZENBY PHASE II, LOCATED WEST OF RAZORBACK ROAD, NORTH OF 15T" STREET, CONTAINING APPROXIMATELY 1 .34 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN . �LL 1r 'sy BE IT ORDAINED BY THE CITY COUNCIL0FeTHE C1TY,OF.FAYETTEVILLE, ARKANSAS : Section 1 : That the zone classification ofthe following described property is hereby changed as follows: From R-PZD 03-04.00 to C-PZD 06-1921•'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, statement of commitments and the conditions of approvaly4 s submitted, determined appropriate and approved by the City Council indicated in Exhibit:`B"xattached heret6aand made a part hereof. �xtw3« x Section 3-. That this�e6r� m dance shall take effect and be in full force at such time as all of the requirements of the master=development plan have been met. Secti6n 4. That tl e '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" C—PZD 06-1921 PART OF THE W 1 /2, NE 1 /4 OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NE CORNER OF SAID W 1 /2, NE 1 /4 THENCE SOUTH 878.30 FEET, THENCE WEST 124.80 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 00017'52" EAST, A DISTANCE OF 183.93 FEET; THENCE SOUTH 00015'44" EAST, A DISTANCE OF 41 . 70 FEET; THENCE SOUTH 12045'26" WEST, A DISTANCE OF 39.91 FEET; THENCE SOUTH 02°23' 10" EAST, A DISTANCE OF 186. 70 FEET; THENCE NORTH 88°48'23 " WEST, A DISTANCE OF., 106.84 FEET; TI4ENCE NORTH 8801947" WEST, A DISTANCE OF 2.00 FEET; THENCE*NORTH 00°50'00" WEST, A DISTANCE OF 234. 17 FEET; THENCE SOUTH 89°42'40" WE$T, A DISTANCE OF 30.30 FEET; THENCE NORTH 00' 17'00" WEST, A DISTANCEeOF 92!OO FEET; THENCE NORTH 56059'59" WEST, A DISTANCE OF 28.73 FEET; THENCE NORTH 0001720" WEST, A DISTANCE OF 94.36 FEET; THENCE NORTH 7102 4'33"EAST, A DISTANCE OF 40.21 FEET; THENCE EAST, A DISTANCE OF 129.33 FEET TO THE POIN�T�O BEGINNING. CONTAINING 585483 .90 SQUARE FEET OR 1426 ACRES; MORE OR LESS: �" t � ' . .° 4 § V 4et' EXHIBIT `B" C-PZD 06-1921 1 . Planning Commission determination of street improvements. Staffrecommends the construction of a section of sidewalk measuring 10 feet in width, or as required by AHTD, adjacent to Razorback Road, through the proposed driveway. The applicant shall pay an assessment in the amount of $3 per square foot for a 10 ' sidewalk or other as specified by AHTD, for the remaining length of the property prior to the issuance of a building permit. The Planning Commission voted in favor of the recommended street improvements. 2. Planning Commission determination of commercial design standards. Staff finds that the buildings presented are further articulated than those originalapproved by the Planning Commission and City Council as meeting Commercial Designndards and finds this proposal meets that criteria. The Planning Commission voted in favor of commercial�design id_ ulards. 3. Planning Commission determination of a waiver o .a 5 ' greenspace required'adjacent to the west . property line, between the property line andvthepazking. Staff recomin-*ils approval of the requested waiver as there is a 20 ' utility easement west, of�the parking Pea that will be maintained as green space. The Planting Commission voted in favor of the request:to waive greenspace requirements adjacent to the west property line. 4. The water easement shall be represented on the easement planas approved by the Engineering Division and recorded prior to issuance ofYbudinf' g���"rrit? 5 . Per the requirements,of R-PZD 03-04.00, signage for the commercial structures shall be wall mounted only andesliallBe in compliance with Xh� district wall signage allowances as stated in Chapter 174 Signs of Ze< fred�eyelopment C e. 6. Unless speci'fied'liereitl, all fu r development shall comply with at least the minimum design standai Zfor develop tient in the reified Development Code, including but not limited to landscapin , parking, access_ street 11 sign, stormwater detention, etc. Buildings proposed shall be reviewedl,to ensure appropriatarchitectural compatibility, compliance, with . commercial design stand d and/or conformance with the architectural standards and concepts provided with the subjec Wub'mittal- III 7. The applicant shae,granted one ( 1 ) year from the date of Planning Commission approval to receive all permits necessary for development of the Phase with a one ( 1') year extension available. 8. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 9. No portion of any structure (i.e., awnings, overhangs, etc.) shall encroach into building setbacks. 10. Buildings shall be constructed as depicted in the building elevations in the booklet with the materials specified. 11 . Tree species shall be in accordance with the requirements of the Unified Development Code and approved by the Urban Forester. Modification of species may be required due to the proximity of overhead electric lines. 12. The applicant shall comply with all conditions of approval for LSP 06-2016. 13. All requirements and conditions of approval of R-PZD 03-04.00, where applicable, shall remain in effect. 14. Upon City Council adoption of the proposed C-PZD, the appli an6 � t shall submit a revised project booklet and site plan to address the following: a. Modify all references to this proposal from a Res'tilential PZDJo a Commercial PZD. b. The Site Plan (Fig. 1 ), a combination ofrequire'Sheets 1 , 2,and,3, shall be updated to reflect the permitted and conditional uses ,bulk and area require m n s, land use intensity, density requirements and Statement of Cao mitmerits asset forth on 4'of the project booklet. c. Two State Plane Coordinates shall be 'shown , n^he plan approved by the City Council and the applicant shall submit a copyofthe legal description signed by the owner property. 15. The Master Development Plan, State ent of Commitments and Architectural Standards h�� � . submitted by the applicant shall be considered binding;an�tied to the zoning of the property. Conditions of approval asjnote herein and other requirements placed upon the project with review of the Master. velopm nt Plan — Planned Zoning District by the City Council shall also be binding. 16. Prior to building it, a cos"t stimate for-all required public improvements are required to be submitted• two Plannin2�,1�'' taff oiNg iew. Once approval is gained, a guarantee is to be issued (bonder of credit/c'raslh' or I O°y'goofthe cost of the materials and installation of the plants. Thins g r tee will be he dntil thimprovements are installed and inspected, at the time of Certificate of Occupancy. 17. Plat Review, and€S�bdivi ibn comments (to include written staff comments provided to the applicant or his reprn�ve, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SW PCO, Cox Communications). 18. 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. 19. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 20. 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 (letter of credit, bond, escrow) with the City 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. PC Meeting of April 24, 2006 THE CITY OF FAYETTEVILLE. ARKANSAS 125W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Subdivision Committee FROM: Suzanne Morgan, Current Planner Matt Casey, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: April l oo Updated April 27, 2006 C-PZD 06-1921: Planned Zoning District (LAZENBY PHASE II, 560): Submitted by LANDTECH ENGINEERING for property located at RAZORBACK ROAD, N OF 15TH STREET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.34 acres. The request is for 2 buildings with office, retail and restaurant space totaling 8,400 s.f. Planner: SUZANNE MORGAN Findings: Property Description & Background: The applicant requests a rezoning and large scale development approval for two commercial structures, consisting of a total 8,400 square feet, along Razorback Road. The property is currently zoned R-PZD 03-04.00, a mixed - use Planned Zoning District for Lazenby. This R-PZD was approved by the City Council on November 18, 2003 and consisted of 6 residential apartment buildings (112 units, 168 bedrooms) and three commercial structures located along Razorback Road. Per ordinance requirements, the applicant is granted one year to pull the necessary permits for the construction of all residential and commercial structures. By November 18, 2004, all permits had not been obtained; therefore the applicant requested and received a one-year approval extension from the Planning Commission. Permits for all residential structures have been issued and work on these structures is being completed. The applicant submitted permits for the final three structures along Razorback Road from August to the beginning of November 2005. In October of 2005, the applicant deeded right-of-way that was required by the Arkansas Highway and Transportation Department as part of a street expansion plan for Razorback Road. This right-of-way was 7 feet to 14 feet in excess of that required by the Master Street Plan. The additional right-of-way, plus required utility easements and the relocation of a water line from the State right-of-way resulted in the elimination of the southern commercial structure. Therefore, staff could not permit the structures as approved by the Planning Commission and City Council. Had the project not expired, Planning Commission and City Council approval would be necessary to modify the approved R-PZD. Therefore, the applicant has submitted an application for approval of a C-PZD for the 1.34 -acre portion of property not yet developed. K. IReportsO0061PC Reportsl04-24-061C-PZD 06-1921 (Lazenby Phase O)_CCDOC The current application is for a rezoning of only a portion of the overall R-PZD. When the original R-PZD was approved, the Ordinance did not require the establishment of specific zoning criteria, such as minimum lot width, minimum lot area, etc. Instead, the development was required to comply with the requirements set forth on the approved site plan and any variation required City Council approval. Unlike the original zoning approval, the applicant has proposed specific zoning criteria for the subject 1.34 acres. The remainder of the overall site (containing approximately 6.32 acres) will abide by the approval of the originally approved R-PZD. The applicant has received approval to subdivide the 1.34 -acres from the overall property, subject to approval of the requested C-PZD. Proposal: The application proposed two commercial buildings and 72 parking spaces on the 1.34 -acre property. The structures will consist of 3,200 square feet and 5,200 square feet. Modifications from the originally approved R-PZD and the current proposal are as follows: 1. The removal of one 5,000 square foot structure adjacent to Razorback Road. This structure was placed adjacent to the building setback to. screen the parking lot from the right-of-way. However, the additional right-of-way and utility easements required by the State eliminated the previously approved 5,000 square foot building. The addition of a 2' planted berm adjacent to Razorback Road and a 41' greenspace adjacent to Razorback Road where the former 5,000 sq. ft. structure was originally approved is proposed. This will screen the proposed parking area, which is allowed within utility easements. • .. . 2. The addition of,16 parking spaces. The proposed parking is compliant with the.. . . requirements of the Unified Development Code. 3. The applicant has made significant modifications to the building elevations than the elevations previously approved to increase compatibility to surrounding developments and present better articulation towards the public right-of-way. Full-length glass windows and doors were replaced by smaller windows with;a brick trim along the bottom of the wall. Additional brick columns were added Uto break-up long rows of windows, and the rear (west) elevations of each building have been modified from metal to brick. Surrounding Land Use/Zoning: Direction . Land Use Zoning, .. North State of Arkansas. Revenue Office I-1, Light Industrial/Heavy Commercial South University of Arkansas Baum Stadium, associated parking lot I-1, Light Industrial/Heavy Commercial I-2, General Industrial East Hog Country Distributors I-1, Light Industrial/Heavy Commercial West Multi -family Residential R-PZD 03-04.00 Process: The purpose of the subject request is for a rezoning and development approval. Approval of the Residential Planned Zoning District would effectively rezone only the 1.34 -acre portion of the property based on the engineered plans and information provided. The remainder of the property is bound by the regulations of R-PZD 03-04.00. K. lRepons120061PC Repons104-24-061C-PZD 06-1921 (Lazenby Phase LJ_CC.DOC Bulk and area criteria: Attached to the staff report (Exhibit A), following the conditions of approval, staff has provided the zoning criteria for the subject Planning Area. Water & Sewer: Sanitary sewer is available on the site. There is an 8" sewer line located within the development. There is also a 24" sewer main along Razorback Road. Sanitary sewer shall be extended to Tract B prior to recordation of the lot split/easement plat and the issuance of a building permit for either commercial structure. Public water is adjacent to the site. There is an 8" waterline along Razorback Road. Improvements to the water system have already been made within this development. Adjacent Master Street Plan Streets: The site has access to Razorback Road (Principal Arterial). Razorback Road is currently under construction for widening. This work is being done by the Arkansas State Highway and Transportation Department. Street Improvements: The approved R-PZD 03-04.00 required the following street improvements: The State Highway Department has indicated that no improvements to Huy 112 in this location be made at this time. Staff is recommending that the applicant install six-foot sidewalks along the property's frontage onto Hwy 112, to be installed at the• right-of-way line. In addition, street trees and a continuous planting of shrubs are proposed to screen the parking adjacent to the right-of-way. At this time, staff recommends that the applicant contribute money in lieu of sidewalk construction adjacent to Razorback Road for the length of the subject property. The sidewalk is 10' in this location, based on the requirements set forth by AHTD and the City of Fayetteville. Tree Preservation: A Tree Preservation Waiver has been submitted and approved by the Urban Forester. No trees exist on the site for Phase II of this development. Parks: No residential structures are proposed for Phase II of Lazenby development. All required fees for:parkland of the. originally approved PZD have been paid. ........• Public Comment: Staff has not received any public comment regarding this development. Recommendation: Staff recommends forwarding the Residential Planned Zoning District for Lazenby Phase I1 (C-PZD 06-1921) to the City Council with a recommendation of approval with the following items to address: K.' IReports120061PC Reportsb4-24-061C-PZD06-1921 (Lazenby Phase 11) CC.DOC Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the construction of a section of sidewalk measuring 10 feet in width, or as required by AHTD, adjacent to Razorback Road, through the proposed driveway. The applicant shall pay an assessment in the amount of $3 per square foot for a 10' sidewalk, or other as specified by AHTD, for the remaining length of the property prior to the issuance ofa building permit. The Planning Commission voted in favor of the recommended street improvements. 2. Planning Commission determination of commercial design standards. Staff finds that the buildings presented are further articulated than those originally approved by the Planning Commission and City Council as meeting Commercial Design Standards and finds this proposal meets that criteria. The Planning Commission voted in favor of commercial design standards. 3. Planning Commission determination of a waiver of a 5greenspace required adjacent to the west property line, between the property line and the parking. Staff recommends approval of the requested waiver as there is a 20' utility easement west of the parking area that will be maintained as green space. The Planning Commission voted in favor of the request to waive greenspace requirements adjacent to the west property line. 4. The water easement shall be represented on the easement plan as approved by the Engineering Division and recorded prior to issuance of a building permit. 5. Per the requirements of R-PZD 03-04.00, signage for the commercial structures shall be wall mounted only and shall be in compliance with the C district wall signage allowances as stated in Chapter 174 Signs of the Unified Development Code. 6. Unless specified herein, all future development shall comply with at least the minimum design standards for development in the Unified Development Code, including but not limited . to landscaping, parking, access, street design, stormwater detention, etc..: Buildings proposed shall. be. reviewed to.: ensure. appropriate architectural compatibility, compliance with commercial design standards, and/or conformance with the architectural standards and concepts provided with the subject submittal. 7. The applicant shall be granted one (1) year from the date of Planning Commission approval to receive all permits necessary for development of the Phase with a one (1) year extension available. 8. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 9. No portion of any structure (i.e., awnings, overhangs, etc.) shall encroach into building setbacks. K.IReportst2006V'C Repons(04-24-061C-PZD 06-1921 (Lazenby Phase LQ_CC.DOC 10. Buildings shall be constructed as depicted in the building elevations in the booklet with the materials specified. 11. Tree species shall be in accordance with the requirements of the Unified Development Code and approved by the Urban Forester. Modification of species may be required due to the proximity of overhead electric lines. :: :. II I I I e I I I I I III I I e. �- 7 71 14. The applicant has complied with this condition of approval. I I_ I iDI.:- I cJlutI III / •//• II 16. The applicant shall comply with all conditions of approval for LSP 06-2016. 17. All requirements and conditions of approval of R-PZD 03-04.00, where applicable, shall remain in effect. 18. Prior to City Council consideration; the applicant shall make all necessary e modifications to the project booldet and civil drawings as required by the Planning Commission. Upon City Council adoption of the proposed C-PZD, the applicant shall submit a revised project booklet and site plan that modifies all references to this proposal from a Residential PZD to a Commercial PZD; all references. to, the existing zoning or original project shallbe referenced R- PZD; the Permitted Uses as shown on the Site Plan shall be revised to reflect those listed on page 4 of the project booklet. 19. Two State Plan Coordinates shall be shown on the site plan approved by the City Council and the applicant shall submit a copy of the legal description signed by the owner property. Standard Conditions of Approval: 20. 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. K. IReports120061PC Repons104-24-061C-PZD 06-192/ (Lazenby Phase ❑J_CC.DOC 21. Prior to building permit, a cost estimate for all required public improvements are required to be submitted to Planning Staff 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. 22. 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). 23. '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. 24. All overhead electric lines 12kv and under shall be relocated underground. All proposed utilities shall be located underground. 25. 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 (letter of credit, bond, escrow) with the City 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 ;-jnst,.guaranteed; prior" to the issuance of a .. ; Certificate of Occupancy. Planning Commission Action: Required YES / Fwd to CC O Denied O Tabled Meeting Date: April 24, 2006 Motion: Clark Second: Oster 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. IReporls120061PC Reporls104-24-061C-PZD 06-1921 (Lazenby Phase O)_CC.DOC Exhibit "A" Commercial Planning Area Zoning Criteria AREA: 1.34 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. Unit I City-wide uses by right Unit 3 Public Protection and Facilities Utility Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 12 Offices, Studios and Services Related Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 29 Dance Halls (C) Density. None (Not Applicable) (D) Bulk and area regulations. (1) Lot width minimum. None (2) Lot area minimum. None (E) Setback requirements. Front Side Rear 50' 20' 12' (F) Height. Maximum 35 feet. (G) Building area. Maximum 17 % of the site. (H) Maximum Intensity: 10,000 sq. ft. non-residential use (I) Architectural Design Standards: Reference the Project Booklet (J) Landscaping Requirements: Landscaping shall comply with the Unified Development Code. (K) Parking Requirements: Parking. shall comply with the requirements of the Unified Development Code. All parking shall be shared between the commercial and residential uses on Tracts A and C. K:IReportst0061PC Repons104-24-061C-PZD 06-1921 (Lazenby Phase O)_CC.DOC Findings associated with C-PZD 06-1921 Sec. 166.06. Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the General Plan 2020; FINDING: Staff finds the application to be in compliance with the Master Development Plan Planned Zoning District criteria established by the City Council. The originally approved PZD provided a development with a mixture of uses, both commercial and residential. The applicant requests approval of this C-PZD in order to provide the commercial space that compliments and supports the constructed residential dwellings. (2) Whether the application is in compliance with all applicable statutory provisions; FINDING: The application has been reviewed and found to be in considerable compliance with applicable statutory provisions; however, there are revisions requested to the plat and project booklet submitted for review. These modifications are enumerated in the:. i conditions of approval: (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services; FINDING: The impact of the rezoning and subsequent development would require the.•, . , -• extension of public facilities, at the cost of the developer, but would not adversely affect public services. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The proposed development is compatible with the surrounding land uses'• which consist of residential, governmental, athletic and industrial uses. The Planning Commission and City Council have previously approved a mixed use development at this location with greater commercial space than now requested. Staff finds that no change in the surrounding area has resulted in the incompatibility of this project. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The subject property is adjacent to a Principal Arterial street, Razorback Road. The commercial use of this property is appropriate adjacent to such a street, as well K. IReports120061PC Reports104-24-061C-PZD 06-1921 (Lazenby Phase 11)_CCDOC as compatible with the residential dwellings surrounding the property. No trees are being removed for the development of these structures and associated parking. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: The rezoning of this property as approved by the Planning Commission and City Council in 2003 required improvements to pedestrian traffic with the installation of a sidewalk. The AHTD is in the process of initiating construction to improve this highway, which will alleviate any current traffic congestion. Staff finds that the addition of 8,400 square feet of commercial space, less than what was approved in 2003, will not create traffic congestion or a burden on the existing road network. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: A site plan and project booklet has been submitted, recognizing the zoning and development criteria required of a Master Development Plan submittal. Architectural elevations, materials and design standards are called out, in order to describe the appearance of the buildings as constructed. The development will comply with the requirements of the Unified Development Code, with the exception of waivers as noted within the conditions of approval. (8) Whether any other recognized zoning consideration would be violated: in this PZD. FINDING: Staff finds that the proposed development and zoning criteria will not violate any existing ordinance requirement. - (J) 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. K:IReports120061PC Reports104-24-061C-PZD 06-1921 (Lazenby Phase J1)_CC.DOC FINDING: The proposal includes commercial development that provides a compatible use to the residential area to the west and the nearby University. The site design of the commercial and residential area has been investigated and revisited several times, with regard to preserving the existing natural wetlands and large tree -canopied area. All 96 required mitigation trees required with the overall development will be planted on -site, providing a potentially high percentage of canopy coverage in future years. The development of 1.34 acres adjacent to Razorback Road is designed to generally comply with the current ordinance requirements and will not result in the removal of any existing trees. (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: The commercial area is located adjacent to a residential use as formerly approved by the Planning Commission and City Council. A detailed landscape plan has been provided. Screening in the form of a berm, street trees and a continuous planting of shrubs is proposed along Razorback Road. (3) Traffic circulation. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shallbe 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 K. 1Reports120061PC Repons104-24-061C-PZD 06-1921 (Lazenby Phase IQ_CC DOC interior circulation shall be that required by Chapter 166 Development of this code. FINDING: The internal street circulation system has been designed to safely and adequately carry traffic into and out of the proposed parking areas. Sidewalks will be constructed along Razorback Road in conjunction with the street improvements. Sidewalks are also located within the development so as to provide continuous pedestrian access to Razorback Road and the proposed commercial development. The internal drives will end in cul-de-sacs which will not allow for through traffic but will provide for adequate access for service vehicles. (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 respective use areas. FINDING: The parking spaces required by both multifamily residential units (1/bedroom) and office/retail/restaurant use (1/300 SF, 1/250 SF, 1/100 SF) have been provided. Additional bicycle racks have been provided to accommodate multimodal transportation for both the residential units and the commercial uses proposed. All parking on the property is to be shared between the commercial and residential uses. (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 residential uses to the west have been adequately buffered from adjacent Industrially -zoned properties. Open space requirements have been met pursuant to Ordinance requirements. Parking areas have been adequately screened from the public right-of-way. (6) Sidewalks. As required by § 166.03. FINDING: Sidewalks are proposed in conformance with current standards. (7). Street Lights. As required by §166.03. FINDING: Street lights are proposed in conformance with current standards. (8) Water. As required by § 166.03. FINDING: Water service is proposed in conformance with current standards (9) Sewer. As required by § 166.03. FINDING: Sewer service is proposed in conformance with current standards K. IRcports120061PC Rcports104-24-061C-PZD 06-1921 (Lazenby Phase LV_CC.DOC (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 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. K: IReports120061PC Repons104-24-061O-P7.D 06-192/ (Lazenby Phase IQ_CCDOC (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width (No On -Street Parking) Dwelling One -Way Two -Way Units 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: Private residential streets are proposed which conform to current standards. The applicant is providing an access easement from Razorback Road through the 1.34 -acre tract to provide permanent access to the residential property. (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 nonresideritial facilities. FINDING: The applicant requests approval of this Commercial Planned Zoning District in order to construct the nonresidential facilities approved in the original Residential Planned Zoning District. (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. IReportst20061PC Repons104-24-061C-PZD 06-1921 (Lazenby Phase 11)_CC.DOC FINDING: A tree preservation plan was approved with the original R-PZD. There are no existing trees on the subject 1.34 -acre 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: Rendered elevations and a materials sample board has been submitted to the Planning Commission for review of Commercial Design Standards for the proposed commercial structures. The proposed elevations have been modified from the approved elevations to reflect additional articulation to the facades visible from the right-of-way as well as the substitution of metal for brick on the west elevations. Staff finds that the proposed elevations are improved from the previously approved application. (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 specific scenic views to be protected on 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 inthe approved development plan. (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 K: IRepor1s120061PC Reports104-24-061C-PZD 06-1921 (Lazenby Phase 11)_CCDOC 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. (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. K:IReports120061PC Repons104-24-061C-PZD 06-I921 (Lazenby Phase 11)_CCDOC (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 has paid $44,016 in parks fees for the construction of the associated residential development. No parks fees are required for a commercial development. 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; (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. K: I Repor:s12006 PC Reports 104-24-061C-PZD 06-i 921 (Lazenby Phase !!)_CC.DOC (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, proposal is for an overall mixed -use planned development comprised of multifamily residential, retail, restaurant and office uses surrounding an environmentally sensitive area. The rezoning of the property to a planned zoning district may be deemed appropriate due the enhancement and minimal disruption of existing natural features and amenities, comprehensive planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan, and providing flexibility and variety in the distribution of land uses, density of development and other matters typically governed by zoning district regulations. (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: Staff has reviewed the proposed development with regard to findings necessary for rezoning requests. Those findings are attached to this report.* An ordinance will be drafted in order to create this Planned Zoning District which will incorporate all conditions placed on the project by the Planning Commission. (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 proliferation of commercial uses along major thoroughfares and noncommercial areas. K: IReports120061PC Reponsl04-24-061C-PZD 06-1921 (Lazenkv Phase O)_CC.DOC (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. (2) All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (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. (b) Residential uses must be appropriate to the design of the project. (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. (4) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. FINDING: The proposal provides an effective relationship of different land uses within a single overall development, including residential units, retail and office space. The wetlands on -site are not being significantly disturbed and have been protected from erosion and siltation during site development. The natural character of the wetlands will be retained, and for those trees removed in the construction process of the residential units, all required mitigation trees will be planted on -site, enhancing the canopy coverage in this area. Existing public street infrastructure is being utilized along Razorback Road, as well as water service that exists along the south boundary of the project. (2) Permitted Uses. All permitted uses identified within § 162 Use Units of the Unified K. IReportsI20061PC Reports104-24-061C-PZD 06-1921 (Lazenby Phase II)_CC.DOC Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. FINDING: A Zoning Criteria Chart for the single Planning Area can be found as "Exhibit A" following the conditions of approval. The project booklet approved by the City Council will remain on file in the Planning Division for comparison to future development on the property. (4) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. FINDING: The development within the proposed Master Development Plan is slated for commercial use. *Required Findings for Rezoning Request. FINDINGS OF THE STAFF 1. 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. The proposed zoning is consistent with the General Plan 2020 which designates the site Mixed Use. This is also consistent with current land use planning objectives, principles and policies and with land use and zoning plans. A determination'of whether the proposed zoning is justified and/or needed at,the time the rezoning is proposed. The proposed zoning is justified in that the site is currently zoned for industrial purposes with areas on the south and north sides utilized for student activities and public services, respectively. Surrounding uses are mixed in nature and are compatible with the proposed planned zoning district. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. The proposed zoning will not create or appreciably increase traffic danger and congestion, based on determinations made by the Fayetteville Police Department (see attached). K: IReports120061PC Reports104-24-061C-PZD 06-1921 (Lazenby Phase 1Q_CC.DOC 4. 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 will provide residential dwelling units in an immediate area that currently is in close proximity to employment, but not residential uses. Based on Fayetteville Police Department findings, this increase in population will not alter the population density in a manner which undesirably increases the load on public services including schools, water, and sewer facilities (see attached). Fire - This 1.30 acres is covered by Engine 6 at 900 Hollywood. It is 1mile from the station with an expected response time of 2.75 minutes. Measured hydrant flow in this area is 1760 gallons per minute. We do not anticipate calls for service on commercial buildings but typically this will not affect our call volume or response times. 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: IReports120061PC Repons104-24-061C-PZD 06-1921 (Lazenby Phase II)_CCDOC THE CITY OF FAYETTEVILLE, ARKANSAS LANDSCAPE REVIEW FORM To: City Council From: Suzanne Morgan, Current Planner Date: April 27, 2006 ITEM #: R-PZD 06-1921 (Lazenby Phase II) Applicable Requirements: ✓ 0ffSt'reet;`Paikin ✓ Com rcialDe`si n Standar'dsl NA }Buifers,and Sc enin NA i1'a540 DiitOverI5Zt Plan Checklist: /submitted by applicant Xrequested CC Meeting of May 16, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 I FJii inary Niue(„ Sufmittal %Submittal �0ffStreetPai'lnn =and;Loadtti __ ✓ ✓ wheel stops/curbs X ✓ irrigation ✓ ✓ edged landscape beds indicated ✓ ✓ species of plant material identified X ✓ size of plant material at time of installation indicated X ✓ interior landscaping narrow tree lawn (8 'mm. width, 17' min. length / I tree per 15 spaces) g4= tree island I0min. width / 1 tree per 12 spaces) X ✓ perimeter landscaping side and rear property lines (5' landscaped) adjacent to street R. O. W(]5' greenspace exclusive for landscaping /1 ad, - street tree every 30 L.F., a continuous planting of shrubs and ground cover - 50% evergreen) ✓ ✓ soil amendments notes include that soil is amended and sod removed ✓ ./ mulching notes indicate mulching around trees and within landscape beds. ✓ ✓ planting details according to Fayetteville's Landscape Manual K. Wrban ForestertPROJEC7MPZD-2006iLazenbpRazorbacldLandsmpeReviewForm - CC.doc Prelimmaryx Sdbm�ttal bmi a Final ~- " .Submittal:,._,. 'Commercial Design•Sfattdards ✓ ✓ greenspace adjacent to street R.O.W. (15' wide) X ✓ street trees planted every 30' L.F. along R.O.W. ✓ ✓ outdoor storage screened with landscaping Buff r Stri's and Screenin ,.. , . . landscaped area (12' min.) fence required outdoor storage screened with landscaping • non-residential landscape screen when adjacent to residential zones landscape requirement for setback reduction - vb-�-i- sue. yrc--— hrv,'---; —._. .. , _`i'` verla ;I)tstrtct Re mrements A greenspace adjacent to street R.O.W. (25' wide) street trees planted every 30'L.F. along R.O.W. 25% of total site area left in greenspace (80% landscaped) parking lots and outdoor storage screened with landscaping Recommendation: Staff recommends approval of the Landscape Plan revised to address comments addressed at the Planning Commission meeting. K: IUrbanForestertPROJEC7S1PZD-20061Lazenby-RazorbaddLandsmpeReviewForm - CC.doc FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS February 17, 2006 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, POLICE DEPARTMENT This document is in response to the request for a determination of whether the proposed Planned Zoning District C-PZD 06-1921 (Lazenby/Phase II, 560) submitted by Landtech Engineering for property located at Razorback Road, N. of 15`h Street would substantially alter the population density and thereby undesirably increase the load on public services or create an appreciable increase in traffic danger and traffic congestion. It is the opinion of the Fayetteville Police Department that this Planned Zoning District will not substantially alter the population density and thereby undesirably increase the load on police services or create and appreciable increase in traffic danger and congestion in the area. Sincerrely, Captain William Brown Fayetteville Police Department FAYETTEVILLE POLICE DEPARTMENT 100-A WEST ROCK STREET FAYETTEVILLE, ARKANSAS 72701 (DELIVERIES) POLICE: 100-A WEST. ROCK STREET 72701 PHONE: 479.587.3555 FAX: 479.587.3522 Fayetteville Fire Department To: Suzanne Morgan, Andrew Garner, Jeremy Pate, and Jesse Fulcher Thru: Tony Johnson, Chief Bud Thompson, Assistant Chief - Support Kyle Curry, Battalion Chief - Fire Marshal From: Captain Dale Riggins Date: April 19, 2006 Re: April 18, 2006 Zoning Review - Fire Department Comments C-PZD 06-1921 (Lazenby/Phase II, 560) This 1.30 acres is covered by Engine 6 at 900 Hollywood. It is I mile from the station with an expected response time of 2.75 minutes. Measured hydrant flow in this area is 1760 gallons per minute. We do not anticipate calls for service on commercial buildings but typically this will not affect our call volume or response times. Please feel fr66 to contact me if you have any questions (Dale Riggins Fayetteville Fire Department Pill 061921 LaZ€:NN!bvi P E trI;{T 4 5f PC Meeting of April 24, 2006 THE CITY OF FAYETTEVILLE, ARKANSAS TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: April 17, 2006 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM #: C-PZD o6 -i921: Planned Zoning District (Lazenby/Phase II) A Tree Preservation Waiver has been submitted and approved by the Urban Forester. No trees exist on the site for Phase II of this development. O 0 U 2 C' 1 ;Ili ill RPZD06-19; Close Up View Overview LAZENBY PHASE II Ft }r' niYgY Sa ...:: SUBJECT PROPERTY "?t a Y ;:i s iii .Ft _ Yuu. , fa; .. -_ . ..j ............ I , r : 11 7J......... r \ 1 r 111 y+ rlie r Y / T 4 ✓'3 . ;, RP2DrS .>_. ;, r F;.;1 } wr :1: L Al ,f .*i✓r,' ,• .: NY �iH� P �., fn +n p A y�> l ♦ J Y \. r bA it �flti [ 1 I 1'Ir rr5 .�i F s �b4" •�f' Legend MOMOvedayD Uic1 m000dd — FLOODWAY — 500 YEAR " — 100 YEAR --- UMIT OF STUDY _ _ _ aaseUne Pra@e O Fayetteville VMI Ou5ide City R?ZD06-1921 soUor.GOaFoeyldnt2004 0 75 150 300 450. 600 A ♦ YM1.i --So >4-y" Feet ■J I LAZENBY RESIDENTIAL PLANNED ZONING DISTRICT • PHASE II U I C. LANDTECH ENGINEERING, INC. t OWNER / APPLICANT: BILL LAZENBY 1031 N. COLLEGE AVENUE FAYETTEVILLE, AR 72701 REPRESENTATIVE: LANDTECH ENGINEERING 120 W. EMMA AVENUE SPRINGDALE, AR 72764 J 1 I I SUMMARY......................................................................2 GENERAL PROJECT CONCEPT...........................................2 PROPOSED DEVELOPMENT PHASING AND TIME FRAME.......3 L I C I I I I I I PROPOSED PLANNING AREA WITH PROPOSED ZONING AND DEVELOPMENT STANDARDS.....................................4 SITE PLAN (FIGURE 1)...... . . .. . . . . . . . . . . . . . . . . . . ..... . . . . . . . .. . OVERALL SITE PLAN (FIGURE 2) ........................................6 GRADING PLAN (FIGURE 3). . . . ............ . . . . . . . . . . . . ........... . . . . . . .7 LANDSCAPING PLAN (FIGURE 4) ........................................8 RELATIONSHIP TO THE EXISTING AND ADJACENT LAND USES...............................................................................9 IMPACTS ON CITY SERVICES..............................................9 TRAFFICSTUDY ...................................... . ........................9 ANALYSIS OF THE SITE CHARACTERISTICS........................ 9 COMPLIANCE WITH FAYETTEVILLE GENERAL PLAN 2020......9 RECREATIONAL FACILITIES..............................................10 PROPOSED ZONING AND DEVELOPMENT STANDARDS.........10 STATEMENT OF COMMITMENTS........................................10 1. DEDICATIONS.........................................................10 2. ONSITE AND.OFFSITE IMPROVEMENTS .......................10 3. NATURAL RESOURCES AND ENVIRONMENTAL ENVIRONMENTAL SENSITIVE AREAS .......................... 10 4. PROJECT PHASING RESTRICTIONS..............................10 5. FIRE PROTECTION.....................................................11 6. OTHER COMMITMENTS IMPOSED BY THE CITY...... . ......11 7. PARKS, TRAILS, AND OPEN SPACE COMMITMENTS.......11 8. BUILDING ELEVATIONS. ................ ............A -I THROUGH A-8 DEVELOPMENT STANDARDS, CONDITIONS, AND REVIEW GUIDELINES.........................................................11 SCREENING AND LANDSCAPING..........................................11 TRAFFIC AND CIRCULATION..'.............................................12 PARKING STANDARDS ...................................... ..................12 PERIMETER TREATMENT.....................................................12 SIDEWALKS.......................................................................12 STREET LIGHTS...... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .............. ......12 WATER..............................................................................12 SEWER...............................................................................12 STREETS AND DRAINAGE.....................................................12 H TREE PRESERVATION.. . . . . . . . . . . . . . .1 ......... . .. . . . . . . .. . . . . ..13 COMMERCIAL DESIGN STANDARDS .............................. .. '13 SIGNAGE................................ 13 VIEW PROTECTION..............................................................13 REVOCATIONS....................................................................13 COVENANTS, TRUSTS, AND HOMEOWNER ASSOCIATIONS.......13 I ' APPENDIX: A-1: A-2: '• A-3: A-4: A-5: A-6: A-7: A-8: I I C I] I I I.I I BUILDING BUILDING BUILDING BUILDING BUILDING BUILDING BUILDING BUILDING 9 (SOUTH BUILDING) EAST VIEW 9 (SOUTH BUILDING) WEST VIEW 9 (SOUTH BUILDING) NORTH VIEW 9 (SOUTH BUILDING) SOUTH VIEW 10 (NORTH BUILDING) EAST VIEW 10 (NORTH BUILDING) WEST VIEW 10 (NORTH BUILDING) NORTH VIEW 10 (NORTH BUILDING) SOUTH VIEW I I I I I I I I I I I Li I SUMMARY Lazenby Commercial PZD Phase II was originally a part of Lazenby Residential PZD 03-04.00 and is located on the west side of Razorback Rd between Baum. Stadium and The State Revenue Office. We are proposing for this Phase — 2 Buildings (1) being 3,200 sq. ft. Office / Retail and (1) being 5,200 sq. ft. Restaurant. This layout is the same as the original C-PZD except for the removal of the Southern Building due to the additional Right -of - Way requirement from the State Hwy Dept: and the new Proposed 12" waterline along Razorback Rd. GENERAL PROJECT CONCEPT • Street and Lot Layout — This C-PZD is a double building layout with .parking as required by the Unified Development Code. • Site Plan — See Figures 1, 2, 3, and 4 on pages 5, 6, 7, and 8 • respectively. • Buffer Areas — There is a landscape buffer to the east of the parking areas along Razorback Road. North of the main entrance there is a buffer area which is 22' wide with 7 large trees, south of the entrance in front of the parking area is an earth mounded area with 7 large trees. • Tree Preservation Area — There are no existing trees on this site. The tree preservation plan was waived. • Storm Water Detention Area and Drainage — All storm water has been diverted into a storm pipe at the south end of this development as originally designed with the original C- • PZD. • Undisturbed Natural Areas — There are none in this area. • Existing and Proposed Utility Connections — The proposed connections were completed during the original C-PZD. • Building Elevations — Building Elevations are attached. F 2 I • Development and Architectural Design Standards — The '• building on this project is designed to fit with the existing apartment complex and closely resembles those as originally approved with the original C-PZD. PROPOSED DEVELOPMENT PHASING AND TIME FRAME ' This project is an amendment to the original Lazenby Apartment. C-PZD. This approval is intended to allow construction to continue with the completion of the apartments. The project time frame will abide by the current expiration guidelines of development. This will allow a 1 year expiration date with contingency for a 1 year extension which would have to be granted by the Planning Commission. I I I I rI I 3 1 PROPOSED PLANNING AREA WITH PROPOSED ZONING AND DEVELOPMENT STANDARDS Exhibit "A" Commercial Planning Area Zoning . Criteria (G) Building area. Maximum 17 % of the site. AREA: 1.34 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public Protection and Facilities Utility Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 12 Offices, Studios and Services Related Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 25 Professional offices (21 Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 29 Dance Halls ' (C) Density. None (Not Applicable) (D) Bulk and area regulations. (1) Lot width minimum. None (2) Lot area minimum. None ' (E) Setback requirements. I I Front Side Rear 50' 20' 12' (F) Height. Maximum 35 feet. (H) Maximum Intensity: 10,000 sq. ft. non-residential use (I) Architectural Design Standards: Reference the Project Booklet (J) Landscaping Requirements: Landscaping shall comply with the Unified Development Code. (K) Parking Requirements: Parking shall comply with the requirements of the Unified Development Code. All parking shall be shared between the commercial and residential uses on Tracts A and C. 4 U. I. I I. 1 RELATIONSHIP TO THE EXISTING AND ADJACENT LAND USES The surrounding uses are commercial, warehousing.on the West and East; student activities (Baum Stadium) on the South, and the State revenue office on the North. This development will incorporate uses which compliment the surrounding uses. IMPACTS ON CITY SERVICES There are no significant impacts to city services associated with this project. TRAFFIC STUDY The PZD is using the existing infrastructure along Razorback Road as well as the water line along the North side of Baum Stadium and to the warehousing complex which is adjacent to the western side of this property. ANALYSIS OF THE SITE CHARACTERISTICS All environmental issues were completed with the original C-PZD. The issue were regarding wetlands. COMPLIANCE WITH FAYETTEVILLE GENERAL PLAN 2020 This development does comply with the Fayetteville General Plan 2020. The original C-PZD was found to be consistent with the 2020 land use plan and ' this amendment to the plan decreases the commercial use of the original C- PZD. L 9 I I RECREATIONAL FACILITIES No Recreational Facilities are planned on this site. PROPOSED ZONING AND DEVELOPMENT STANDARDS (SEE SHEET 4 OF THIS REPORT) ' STATEMENT OF COMMITMENTS ' 1. DEDICATIONS (NONE) 2. ONSITE AND OFFSITE IMPROVEMENTS ' There are no offsite improvements proposed. The applicant requests to pay money in lieu for a 10' sidewalk adjacent to the property in accordance with State plans but will build the sidewalk through the driveway. The onsite improvements will be parking areas, buildings, landscaping, and drives. 3. NATURAL RESOURCES AND ENVIRONMENTAL ' SENSITIVE AREAS. There are known natural resources or environmentally sensitive areas on ' this site. 4. PROJECT PHASING RESTRICTIONS The project time frame will abide by the current expiration guidelines of development. This will allow a 1 year expiration date with contingency for a I year extension which would have to be granted by the Planning Commission. I ' 10 I I I Ii I] I I I L1 L I I I I LI I LJI 5. FIRE PROTECTION Fire Protection is as per original C-PZD there are no changes with this amended C-PZD. Fire Station #2 which is located at 708 North Garland (Two blocks north of the University of Arkansas). The distance from the Fire Station to the project is 2.02 miles. 6. OTHER COMMITMENTS IMPOSED BY THE CITY There are currently no other commitments imposed by the City. 7. PARKS, TRAILS, AND OPEN SPACE COMMITMENTS Park fees of $44,016.00 have been assessed and paid on this project in the original C-PZD. 8. BUILDING ELEVATIONS Building Elevations are included in the appendix sheets A-1 through A-8 of this booklet. DEVELOPMENT STANDARDS, CONDITIONS, AND REVIEW GUIDELINES SCREENING AND LANDSCAPING The screening and landscaping will be provided as set forth in Ch. 166.10 Buffer Strips and Screening and Ch. 166.14 Commercial Design and Development Standards. C 11 I I I LJ I I LI H I I I I I I I I TRAFFIC AND CIRCULATION Traffic circulation has not changed from the original approved C-PZD. PARKING STANDARDS The parking lot will be designed and constructed in accordance with the standards found in Section 172 of the Unified Development Code. PERIMETER TREATMENT The perimeter treatment will be the landscaping and the berm area along Razorback Road. SIDEWALKS Sidewalks will be designed and constructed in accordance with the Master Street Plan and Section 171 of the Unified Development Code. STREET LIGHTS Street lights will be designed and constructed in accordance with the Unified Development Code and are represented on the site plan. WATER Water lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. SEWER Sewer lines are constructed in accordance with the City of Fayetteville Water and Sewer Specifications in the original C-PZD. STREETS AND DRAINAGE Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the Master Street Plan. (Note: All infrastructures except for this amendment have been completed.) [i 12 L I TREE PRESERVATION See landscape and tree preservation plan on sheet 4 of 4 or on page 8 of ' this report. ' COMMERCIAL DESIGN STANDARDS ' The structure will comply with the commercial design standards as set forth in Section 166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. Rear ' Elevations will conform to Apartments architecture so as not to contrast (see attached elevation drawings). ' SIGNAGE All signage on the project will comply with the Commercial zoning requirements as set forth in Ch. 174 of the Unified Development Code. ' No free standing signs will be allowed only wall signs. VIEW PROTECTION ' There is a landscape buffer on the east side of the property to serve as a ' buffer between our project and the existing Razorback Road to the east. REVOCATIONS ' The developer understands causes for revocation and will take all measures necessary to avoid revocation. ' COVENANTS, TRUSTS, AND HOMEOWNER ASSOCIATIONS There are no covenants and/or trusts. 1 ' 13 I l H 0 Cn H n+ . .�.$�I iiaa..9• II I a1 fl! I-. 11111�A I!�. 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Emma Ave. 'TV O Springdale, Arkansas 72765 p v g 11 n 4 f PLAN ARKANSAS Telephone: (479) 756-2772 Ci0 F ^ > F p mp S m JOB NO.: FILENAME 0 m 02029 02029M0D-LSD.DWG DATE: Si j lb r ` I\\I 1 /\ I \` / 1 1 \_ CEL II \ IIII _ \ \_ �rvewsrTooN.BUILD NNG .al \ \ _ _ • JI MY9P. p IIO yI iS \ \ y. _ r.\cnEwlE. r.¢ tvn>_ \\• / )I - , • ' Y O - \ T ZONE 1-2 / _ Na o • 8 \ e/41 , I, : N8348.23wW ` 11384 \\\\\,' N8819'Q.'W 45].98'• I ' ! F q•'— _- 6 99 '� R I _ _ �Nu pp g L y�� � Oi I I •— \ N II x I,. \ \ 1 ( (a a � I' SI {2 _ 8 8 11 AI 4 � ! LI iJij 'nom N \ \ P ] \ \ y \ vn as Y II g>gD : A A �A Y WEB \ m o I s Y 11 aao� 14 ' a N 9•��_ �� I p LI vJ v v�O _ \( \ \ ° \ I �f \ ♦\' st.4r v v v vH_ it J Boh I!O H A / Dui mm �i" A A vvV�\ \, \ r ___ _r YI "' uyq���,zM S L21 m \\\ _ \ i 'u gEYe A�o 1� l� /I I Sm A VA�A v I. \ I I _ r 1 � .LYIS ( \ C \1 1 I I 001 / I '. \\'V,,, \' VvAi D V V P U$ NR J �.. \ I Nu . I I (y I $ f v g \ Y H1.\LL^6 \ dl \ ! 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Emma Ave. 4 o ERIE' SITE LOCATION FAYETTEVILLE, Z O Springdale, Arkansas 72765 0 v o II F To i PLAN ARKANSAS Telephone: (479) 756-2772 LOA -- m 6 o >= m doe No: FILENAME It K 02029 02029M0D-LSD.DWG 0 f sI ZI z N a a I^ F a � F $ U , n O a�m o , no On yip FF4 0NN (fl_ fl i m �n oh BKw aiN -'a m. ao ^HN ..tea P ^06 u]¢ N N= 04 p.D Apt S^f TIO4 t TIN0 I OC NN F00 pNN O_pN- e.FXSx U1N CQ 3N N9 OY NNTN D Fs pQ f] N� Yn t n-0 a= n0 6= r [ �A a i�-� 0 oa = _ a pNw n ISn na O ��O an oan fl nwu3 00 a a D p f0 Oo N SC n -N' inN cc qwc �n r np ^ u Ana ^n 0 YCn ] p c -00 a aju D S 0 O. 0vp nO 0 nN0 N TIN e a a O Nv .0 )p0 0 O `°• n °e3 0e 7 Z n n o3 ua a3 uj no on oC 0 3 3 n p a O cc N = n A u JPU^Pu NLO� Z >t -lc SDI aN]-CS-~j20= CC -I T yl p pNN]NRTDPIU cc.9, Or 0 ma ;'o 00 m �n pN^ mw arUi I 3v0 -- ar- 0Ou A nO:pOJ0- o Snm_ w •pN v D OTNOQ 3wO m4 m��maO nzm,7 =- m o o uN po OZ� 0 vaN p0� 00 M mo p Ypcb opVw -�O ocoI° n< ea o- p ezz BHT rt jN3p To 0 ov o¢rt 00 00 v — N O0 w�NgO ^M1p60 O9 poo v _ zz a o p II pD D0 a Z n a a 2. DZ m NJ 0 • A D xi 0 0 O Ii II le S SA m SO rn ro m Professional Land Planners Landtech Engineering. Inc. Commerical Planned Zoning District LAZENBY PHASE H 0 OA m F 11 P o - 0 L) o m o f f ' TITLE'' GRADING PLAN JOB Na:mENAue 02029 LOCATION: FAYETTEVILLE. ARKANSAS 02029MOD—LSD.DWG 'T1 z O 120 W. Emma Ave. Springdale, Arkansas 72765 Telephone' (479) 756-2772 N CM S REVISIONS cc 'ivFL it!: Fg1 eEl 4aE U 1 00a / 0^ am m C£0 S Sy erg 2 C \ b� i yO F Be2 In � m m 0 C? O n>o y 0 r-.i o 0 o C 90 0 0 0 10 m m W O ^W b0 oz 00 ^G b0 OZ vi N P P H. ___ Z99]' 1111 .: 1 \ y v L 1:!' \ I I ___ ___ m I 8 I' s _ 1C ; A• 9 9 n b, III r.9s I Ii m o 111 I u', S e' ''y � I • 3 Or,- � o' TN ,b I �. og .09- , IIry ,,11��`` up f 1 0 I^ S [Lt I. 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Inc. Commerical Planned Zoning District LAZENBY PHASE II LIB T1 120 W. Emma Ave. Springdale. Arkansas 72765 Telephone: (479) 756-2772 0 mA P II n P g m 0 o m o 9 i m TITLE' LANDSCAPE PLAN LOCATION:FAYTEVILLE. ARKANSAS Joe NO.: 02029 RLENAME' 02029M0D—LSD.DWG 4 9) — , I AOm 2>ymm MEOOWO ZONr G OZ y DNny oOz twos�o <L UI "£r0 pnn=mnn n➢a 1100 mP;0p zor ri n> Z0 lO. �2m 00009mmm mr>0 r"_! Zmm my nap8ONf9 o m m "1 nZm AOOm m on nl Z r ➢n2 0p90 -9 (0o OZ 0 ra,on OayN K > Noo goo' nam o p o✓, a 00 N D ynN NO O r0 -n man mot- m a 4m aim na m m on m ZN£ 0 m yF 02 o N £o < 2 'Zn Oy <O O m mm OrO m Z A0 Z �I 0 N 4 P1 REVISIONS DATE: I BY: I RI From: Clarice Pearman To: Pate, Jeremy Date: 6.15.06 3:55PM Subject: Ords. 4875, 4877, 4878, 4881 thru 4886 Jeremy, Attached are the ordinances the City Council passed June 6, 2006. Sorry it has taken this long. As you know the mayor was out of town all last week and I finally got them back. Have a good day. Thanks. Clarice CC: Audit; GIS NORTHWEST ARKANSAS EDITION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Elizabeth Wax, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4875 Was inserted in the Regular Editions: June 21, 2006 Publication Charge: $367.92 Subscribed and orn to before me This&/day of 2006. Notary Public Sharlene D. Williams Notary Public State of Arkansas My Commission Expires: My Commission Expires October 18, 2014 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUN232001 CITY OF FAYETTEVILLt CITY CLERK'S OFFICE ORDINANCE NO. 4875 "-. _ .i AN ORDINANCE ESTABLISHING A COMMERCIAL - • PLANNED ZONING DISTRICT TITLED C -PST 06- nT T� 1j1 1921 LAZENBY PHASE II, LOCATED WEST OF �gs (Nj1•/1\�rf/G GV RAZORI3ACK ROAD, NORTH OF 15TH STREET,' CONTAINING APPROXIMATELY 1.34 ACHES; ARKANSAS 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 Ii That the zone classification of the following described property is hereby changed as ollows: From Ill 0304.00 to CPZD 064821 as shown in Exhibit -Aattached hereto and made apart hereof. I . - Seetlon 21 That the change In zoning classification is based upon the approved master develop- ment plan, development standards, statement of. commitments and the conditions of approval as submitted, determined -appropriate end' approved by the City Council indicated In Exhibit'B', attached hereto and made a part hereof. - - ,SeeHon O:Thet this ordinance shall take effect and be in full force at such tNne as all of the requirements of the master development plan have been met. Seetton4: That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in'Sectlon 1 above. PASSED and APPROVED this 6M day of June, 2006. , APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH. City Clerk y - EXHIBIT "A" C-PZD 06.1921 r 16 NORTH. RANGE 30 WEST OF 183.93 THENCE NORTH 00°5000' WEST, A DISTANCE OF 234.17 FEET; THENCE SOU I H 89.424U' WEST, A DISTANCE OF 30.30 FEET; THENCE NORTH 00°1 T00' WEST, A DISTANCE OF 92.00 FEET, THENCE NORTH 56°59'59' WEST, A DISTANCE OF 28.73 FEET; THENCE NORTH 00°1720' WEST, A DISTANCE OF 94.36 FEET; THENCE NORTH 71°2433' EAST. A DISTANCE OF 40.21 FEET; THENCE EAST. A DISTANCE OF 12933 FEET TO THE POINT OF BEGINNING. CONTAIN- ING 58,483.90 SQUARE FEET OR 1.3426 ACRES, MORE OR LESS. e . 4 I. EXHIBIT "B" , - C-PZD 061921 Planning Commission determination of street Improvements. Staff recommends the construction of a section of sidewalk measuring 10 -feet In width, a as required by AHTD, adjacent to Razorback Road, through the proposed driveway. The applicant small.payan assessment in the amount of $3 per square foot for a 10' sidewalk, or other as specified by AHTD, for the remaining length of the property prior to the issuance of a building permit. ` The Planning Commission voted In favor of the recomnrended street improvements. Planning Co m mission determination of commercial design standards. Staff finds that the buildings presented are further articulated than those originally approved by the Planning Commission and City Council as meeting Commercial Design Standards and finds this proposal meets that criteria. The Planning Commission voted In favor of commercial design standards. ' Planning Commission determination of a waiver of a S' greenspace required adjacent to the west' nronerty line. between Me orooerry line and the parking. Staff recommends approval of the. as green space. . ...L. . ii. .. ,r a The Planning Commission voted In favor of the request to waive greenspace inquirer' ments adjacent to the west property line. _ _ _ . a -- _ .. -- The water easement shall be represented on the easement plan as approved by the Engineering Division and recorded prior to Issuance of a building permit.: I :w-1- l j4.1 I1 IT Per the requirements of R-PZD 03-04.00, signage for the commercial structures shall be wall'mount- ed only and shall be In compliance with the C district wall signage allowances as stated In Chapter. 1,174 Signs of the Unified Development Code. 4 -' - Unless specified herein, all uture development shall comply with at least the minimum design Stan- dards for development In Me Unified Development Code. including but not limited to landscaping; parking, access, street design, stormwater detention, etc. Buildings,proposed shall he reviewed to ensure appropriate architectural compalibility, compliance with commercial design standards. and/or conformance with the architectural standards and concepts provided with Me subject sub- mittal. The applicant shall be granted one'(1) year from the -date of Planning Commission approval to receive an permits necessary for development of the Phase with a one (1) year extension available. All development shall meet applicable building codes and other -ordinances of the City of Fayetteville. No portion of any slmcwre (1.e., awnin9s, overhangs, etc.) shall encroach'into building setbacks. Buildings shall be constructed as depicted in the building elevations -in the booklet with the mate- rials specified. Tree species shall he in accordance with the requirements of the Unified Development Code and approved by Me Urban Forester. Modification of species may be required due to Me proximity of overhead electric lines. - . -' _ T. The applicant shall comply with all conditions of approval for LSP 06-2016. All requirements and conditions of approval of R-PZD 03-04.00. where applicable, shall remain In effect. .-ni4* Upon City Council adoption of Me proposed C-PZD, the applicant shall submit a revised project booklet and site plan to address the following: Modify all references to this proposal from a Residential PZD to a Commercial PZD.. -�°' The Site Plan (Fo. 11. a combination of required Sheets 1, 2. and 3, shall be updated to reflect the mees'endStlement'ol-Comrnlimonts'ae 6et'fodh on'page 4 of the project _' Two State Plane Coordinates shall be shown on the site plan approved by the City Council and the applicant shall submit a copy of We legal description signed by the owner property' "wW. The Master Development Plan, Statement of Co mJanents 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 Me Master Development Nan - Planned Zoning District by the City Council shall also be binding. Prior to building permit, a cost estimate for all required public improvements are required to be sub- mitted to Planning Staff for review. Once approval Is gained, a guarantee is to be issued (bondMet- ter of credWcash) for 150% of the cost of Me materials and installation of the plants. This guaran- tee will be had until the Improvements are Installed and inspected, at. the time of Certificate of Occupancy. Rat Review and Subdivision comments (to Include written staff comments provided to the appli- cant a his representative, and an comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO. Cox Communications).. , Staff approval of final detailed plans. specifications and calculations (where applicable) for grad- ing, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for Me plat review process was reviewed for gen. eral concept only. All public Improvements we subject to additional review and approval. All improvements shall comply with Ciyk current requirements. All overhead electric lines 12kv and under shat be relocated underground. All proposed utilities shall be located underground. - Prior to the Issuance of a building permit the following is required: Grading and drainage permits; An on -site inspection by the Landscape Administrator of all'tree protection measures prior to any land disturbance; Separate easement plat for this project that shall include the tree preservation area; Project Disk with all finer revisions; Completion of all required improvements or the placement of a surety (letter of credit, bond, escrow) with the City as required by Section 158.01 Guarantees In Lieu of Instetled 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