HomeMy WebLinkAboutOrdinance 4875 _ p
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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
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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.
