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HomeMy WebLinkAboutOrdinance 5031 INIIVIIIIINIIIVINVNVII�IIVIIIIIIVIIINNNI�I�IVIIINIVI Recorded : 007,40140600067 t T09oe0: 1R: 2E0 AM Fee Amt : $26 . 00 Pace 1 oT 7 Mashlnoton Countv . AR Bette Stamps Circuit Clerk File2007-00028825 ORDINANCE NO. 5031 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED R-PZD 07-2551 , CHAMPIONS CLUB CONDOS, LOCATED AT THE SOUTHWEST CORNER OF RAZORBACK ROAD AND 15TH STREET, EAST OF THE CROWNE APARTMENTS; CONTAINING APPROXIMATELY 4.42 ACRES; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED MASTER DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the zone classification of the following described property is hereby changed as follows: From I- 1 , Heavy Commercial/Light Industrial acre to R- PZD 07-2551 , Champions Club Condos, as shown in Exhibit "A" and depicted in Exhibit "B" 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; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. 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, io` ry S ' amended to reflect the zoning change provided in Section 1 above. ;��;•'G� S • Gpc^ OF i too • � � PASSED and APPROVED this 3`d day of July, 2007. _ ; FAYETTEVILLE ; AIyPRLABy: ATTEST: yy�QECANSp:pJ��� By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" PZD07-2551 CHAMPIONS CLUB CONDOS Close Up View ' SUBJECT PROPERTY f 4 15 H Si J ' 9 A A ae t l t 9JM x f. e 4 - . ? _ t t ifi� � A s :4 u. r � is ��. �'rox t1G , sit air Overview s : ?_. �S .. 0 75 ISO 3O0 450 000 Fri EXHIBIT `B" R-PZD 07-2551 A PART OF THE NWl/4 OF THE SEl/4 OF SECTION 20, T- 16-N, R-30-W, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NW 1/4 OF THE SETA OF SAID SECTION 20, THENCE N 87013122" W 128.24 FEET, AND THENCE S 2046'38" W 108.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE FOR RAZORBACK ROAD; THENCE S 2042'57" W 90.32 FEET; THENCE S 3024'21 " W 160.96 FEET; THENCE S 12040'55" W 136.51 FEET; THENCE S 18°21 '12" W 156.93 FEET; THENCE S 28°16'46" W 203.04 FEET; THENCE S 18'21'12" W26.27 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FOR RAZORBACK ROAD N 30'02' W 82. 11 FEET; THENCE N 14047'06" W 227.46 FEET; THENCE N 0°11 '38" W 193 .83 FEET; THENCE N 64004'53 " W 36.47 FEET; THENCE N 17°38'29" W 138.54 FEET; THENCE N13052'53"E 157.39 TO THE SOUTH RIGHT-OF-WAY OF 15TH STREET; THENCE S 87022'48" E 102.94 FEET; THENCE N 2°37'12" E 20.00 FEET; THENCE S 87°14'05" E 100.37 FEET; THENCE S 86°51' 14" E 93.20 FEET; THENCE S 34°40'45" E 65.87 FEET TO THE POINT OF BEGINNING, CONTAINING 4.42 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD. CONDITIONS OF APPROVAL: R-PZD 07-2551 Page 1 of 4 Staff recommends the following conditions of approval associated with R-PZD 07-2551 (Champions Club Condos). ALL CONDITIONS APPROVED BY CITY COUNCIL JULY 03. 2007. 1 . City Council determination of a waiver of Section 166. 12 of the UDC to allow for a structure to encroach over a public utility easement. This development proposes for the building to span over the driveway entrance off of 151h Street. A 20' utility easement is located in this area of the site, and would be spanned by the structure. This easement is not proposed to be vacated. A 14.5' clearance is proposed to be provided over the easement. Staffrecommends in favor ofa waiver to allow for a structure over a public utility easement finding that it will not impact provision or maintenance of City water and sewer service within this easement with a 14. 5 ' clearance as proposed. The structure spanning over this easement shall be required to be depicted on an easement plat signed by all utility companies prior to building permit. The Planning Commission determined in favor of this condition on May 29, 2007. 2. Planning Commission determination of street improvements. Staffrecommends 15`hStreet being improved to 18 ' from centerline, curb, gutter, storm drainage, and the existing culvert to be extended. In addition, construction ofa 10 ' sidewalk along Razorback Road for an on-street trail connection and a 6 ' sidewalk along 15`h Street shall be provided. Streetlights shall be provided in accordance with City code every 300 ' and at intersections. The Planning Commission determined in favor of this condition on May 29, 2007. 3. Planning Commission determination waiver of Unified Development Code section 177.04(D)(2)(a) to allow for less than 15 ' of greenspace adjacent to the right-of-way. 1. The applicant pro�oses less than 15 ' of greenspace adjacent to the right-of-way at the corner of 15' Street and Razorback Road in front of the project's main entrance. Staff finds in favor of the waiver request for the 15 foot greenspace located at the corner of Razorback Road and 15th street as this is an important entry way for pedestrian use. Staff recommends that 4 (2) inch caliper trees be planted either using urban tree wells with structural soil or an equivalent design of above ground planters approved by the Urban Forester. The Planning Commission determined in favor of this condition on May 29, 2007. 2. The applicant proposes less than 15 ' of greenspace adjacent to the right-of-way for the section of the site just south of the phase 2. In conjunction with this waiver the applicant requests a waiver for a reduced parking lot drive aisle width. Stafffinds in favor of the second waiver of the 15 foot greenspace requirement located along Razorback adjacent to the proposed parking. The applicant has reduced the drive aisle and parking spaces to give at the minimum a 10 foot greenspace at the most southern point. There are approximately 5 spaces which encroach into this space. Razorback Road has been slated to have a IOfoot wide sidewalk-for pedestrian access. With this requirement, additional right of way has been requested by staff. From the existing right ofway line the fu1115 feet of greenspace can be met. It is only after meeting the request ofstafffor additional sidewalk and right of way that the greenspace is encroached upon. Staff recommends adding hanging/climbing vines on the landscape plan to help soften CONDITIONS OF APPROVAL: R-PZD 07-2551 Page 2 of 4 the hardscape of the retaining wall along the entire Razorback Road right of way. The spacing and species ofplant would be reviewed by the Urban Forester at the time of construction documents. The Planning Commission determined in favor of this condition on May 29, 2007. 4. Planning Commission determination of a waiver of Unified Development Code Section 172.04 (C) to reduce the width of a two-way parking lot drive aisle from 24' to 22'. The applicant proposes to have a 22' wide drive aisle serving the spaces immediately adjacent to Razorback Road. Staffrecommends in favor ofthis request as the more narrow drive aisle will be for only a small portion of the site and is not a main drive aisle in the parking lot. Additionally, this drive aisle will serve compact spaces which are smaller vehicles that can maneuver more easily in the reduced drive aisle than a standard vehicle. The Planning Commission determined in favor of this condition on May 29, 2007. 5. 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. 6. Should a subdivision of land be desired, all applicable ordinances and processes shall be followed in order to meet city ordinances. 7. Public water and sewer lines shall be extended as required by city ordinance at the time of development. 8. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 9. Future non-residential development as allowed under the conditional uses in the zoning criteria shall comply with the minimum standards for development in the Unified Development Code. Where applicable, structures proposed shall be reviewed to ensure compliance with commercial design standards. 10. Phasing: This project is required to obtain all permits in accordance with the timeframe for LSDs as outlined in the Unified Development Code. 11 . Money in lieu and credit in the amount of $ 14,311 for constructing a 10' sidewalk for a trail connection to Towne Branch Trail from 15`h Street to Town Creek Trail was approved by the Parks Advisory Board for this project. The credit will be for the additional 4' width to a 6' sidewalk at the rate of$40/square yard of concrete. Fees-in-lieu to meet the parkland dedication ordinance at the time of large scale development have been assessed incorporating the credited amount and are due in the amount of $41 ,888 prior to issuance of building permits. 12. The Large Scale Development site plan shall be revised to label the compact parking spaces. These spaces shall be either marked on the pavement or by separate marker in accordance with City code. CONDITIONS OF APPROVAL: R-PZD 07-2551 Page 3 of 4 13. Additional right-of-way shall be dedicated to include the entire width of the new sidewalk along Razorback Road and 15`h Street. Landscape and Tree Preservation Conditions: 14. Adjacent to Razorback Road there are 14 consecutive parking spaces without a tree island. Please add an island with tree to break up these spaces or reduce the number of spaces to 12. 15. If the trees on the corner of Razorback and 15`h are proposed to be in urban tree wells, a tree well planting detail must be included on the plan specifying the use of structural soil and the type of tree grate proposed. 16. Street trees required by Chapter 177 can not be counted to meet mitigation for removed canopy. 17. Review the landscape plan report (attached) and address any other comments that have been marked with the letter N. All other conditions therein shall be considered conditions of approval for this project. 18. Mitigation on this site will be required to replace 13,292 square feet of canopy removed. The applicant has requested and been approved to plant 30 (2) inch caliper large species trees on the site. A bond/letter of credit/check shall be deposited with the City before issuance of a final Certificate of Occupancy is granted. If all trees can not be planted on site, money in lieu will be required to be paid into the Tree Escrow Account before a building permit can be issued. 19. It appears that the mitigation trees are being double counted for those required as street trees. Chapter 177 Landscape Regulations requires street trees to be planted every 30 feet. These trees are not allowed to also count as mitigation trees. The 18 proposed trees planted within the Tree Preservation Area are the only ones that currently proposed that can count toward mitigation. Please locate the other 12 required trees on the site or submit a request to do a combination of money in lieu and on-site planting. 20. All preserved canopy will be set aside into a Tree Preservation Area on the easement plat. This removes all developmental right and will ensure complete protection of these preserved trees. Standard Conditions of Approval: 21 . All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 22. Trash enclosures shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of-way. 23. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, CONDITIONS OF APPROVAL: R-PZD 07-2551 Page 4 of 4 number, etc. Signs are not allowed to be placed in utility easements. 24. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 25 . 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). 26. Provide a CD containing the proposed Large Scale Development drawings in AutoCAD or similar digital format. 27. 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. 28. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 29. Large scale development shall be valid for one calendar year. 30. 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 and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Washington County, AR I certify this instrument was filed on 07/27/2007 09:01 :20 AM and recorded in Real Estate File Number 2007-000288 Bette Stamps - CircuiCI by � " - AAansas Democrat Wfwzette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Nathan Bogart, 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 City of Fayetteville: Ordinance No. 5031 Was inserted in the Regular Editions on: July 19 , 2007 Publication Charge: $94 . 95 Subscribed and sworn to before me This day of 2007. �� f� SLk Notary Public t ". 91li�Cr f My Commission Expires: 07 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUL 2 <, 2007 SEAN i 1 CN A EL ARGO CITY OF FAY ILLE NoG;,yp,a+(i . -Arkansas CITY CLERKsO FiCE WASHING ; ON COUNTY My Ccme; scion F' ;;!rFs 07-25-22001133M14 THURSDAY, JULY 18, 2007 , Ie101IIIIIca ro. ,NIH - - WHIM mirmar CHAW co,eo��irar TM oawcoo. mullill Y�TN 1T�I� 1m w ARKANSAS AIMTYIWM' Opmamy 4082 :TAININI , . � , M w� OF TIS am OF N IT a od"imb • 1 OIr!'�diUION. OF THE li Or RA117'IfMlya, flaeliaei"what71u hne yefRie folbaing described property is hereby changed as Idkwe: Fran I-1, HgYy-AOranerplWLyrt . acre to RPZD 07-2551. Chemplau Club Condor, ea attoym b A' and dapbled �g• a WJ*d harelo and made a pan hereof. fNa11aA S TPIFM pharpe N mft CIR*k lbn Is based upon the approved MOW develW rrtera Plan.rZ8y: DANC4O0DY, Msyor nlwtl efanWrda, samenare of cammibnen[s and the conditions of approval as ,pPropriete and approved by the City Concll: furMx, that Me condo" of GNDli n` d avW4bk fpr vieMng In Mea of ff CWWPatliaxof MeCity of eT3••vhvebeehaft. Me retiewr tlavetoprent plan have been met.Me official zarkng map of " City W Fayetteville,Arkansas, a hereby arna dec to hange Provided in Section 1 above. md lllprmAT1�� tlay d Julg 2007. yor By SONDRA SMITH, City CInk1Treasurer Exhibil •A• it a map and may be viewed in Ma Wipe of the City Clerk/Treasurer during no bus4 nese lours. NMITaw 111114113111111 074=1 APART OF THE NWIM OF THE SE1/1 OF SECTION 2D, L7&N, R3O-W, BEING MORE PARTICU- LARLY DESCRIBEDASFOLLOWS: FROM THE NE CORNER OF THE NW1/4 OF THE SE114 OF SAID TET To HEE NT OF BEG*INB SAID pOINT BEING ON TD- THENCE#4 87*13W IN 128.24 FEET. HE WEST RIGHT-OF-WAY LINE FOR THENCE S 2046-38- W 100.54 �RAZOR- BACK RQAD; 1HENCES-Y423T W 90.32 FEET; THENCE S 3024'21' W 160.96 FEET; THENCE S 1Y41Yfi6' W FEET TIENCE S 18°21'12' W 15693 FEET: THENCE.S 2861648' W 203.04 FEET., THIENGE ROAD NN B 1,'21'17 W 2827 FEET, THENCE LEAVING SAID RIGHT-OF-WAY FOR RAZOR- BACK ROAD WW W 82.fI,FEEP, THENCE N 14047'08' W 227.46 FEET: THENCE N 0911'38' W FEET, THENCE N 64*53' W 31.47 FEET; THENCE N 17°38'29' W 136.54 FEET; THENCE N13°52'534E 157 TO•THE;SOl1TH RIGHT-OF-WAY OF 15TH STREET, THENCE S 87°^22�4qp8 102A4.FEE$ THBNCE:I4,g2rl2' E 2D.00 FEET, THENCE S 87014'05' E 100.37 FEET; THEFICE S 88°51'14' E n2D FEET TFENCE S 34.40'45' E 65.87 FEET TO THE POINT OF BEgINNING, COkI- TAMIP4B 4.yP ACAES.AMM LESS, WASHINGTON COUNTY. ARKANSAS SUBJECT YD ALL ANQIOR RIGHTS-OFWAYOF RECORD. RECEIVED JUL 2 4: 2W7 CITY CF FAYETTEVILLE CITY CLERIC'S OFFICE City of Fayetteville /7 /Y% Staff Review Form I /3/6r] City Council Agenda Items or e pzl\) � Contracts 19-Jun-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: R-PZD 07-2551 : Planned Zoning District (Champions Club Condos, 599): Submitted by Crafton, Tull and Associates for property located at southwest comer of Razorback Road and 15th Street, east of the Crown Apartments and contains approximately 4.42 acres. The request is for Master Development Plan rezoning, land use, and large scale development approval for a Residential Planned Zoning District 4-story condominium building with 143 residential units. $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 Dep ment irector Date Original Contract Date: n/a d Original Contract Number: n/a City A omey Received in City Cler ' Office Finance and Internal service Director Date p Received in Mayor's Office Mayor Date Comments: City Council Meeting of June 19, 2007 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: May 31 , 2007 Subject: Residential Planned Zoning District for Champions Club Condos (R-PZD 07- 2551 ) RECOMMENDATION The Planning Commission voted to forward the subject Residential Planned Zoning District request, R-PZD 07-2551 Champions Club Condos, to the City Council with a recommendation for approval. If this ordinance is approved, the action would establish a unique zoning district for a residential development with a maximum of 143 dwelling units on a 4.42-acre tract located at the southwest comer of 15'6 Street and Razorback Road, a proposed density of 32.35 dwelling units per acre. BACKGROUND The subject property consists of approximately 4.42 acres located at the southwest corner of Razorback Road and 15th Street directly south of Baum Stadium. The site is zoned I-1 , Light Industrial. The property is generally flat, undeveloped, disturbed grassland with the Town Branch creek along the western border of the site. Surrounding land uses consist of Baum Stadium to the north, the Crown Apartments to the south and west, and University of Arkansas property to the east (baseball field and RV park). 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. The Future Land Use Plan identifies this property as an Urban Center area; staff and the Planning Commission find this project is consistent with the land use plan for this area. DISCUSSION On May 29, 2007, the Planning Commission voted 7-0-0 on a motion to approve this request. There were no issues of Planning Commission concern or objection to the project. No public comment was presented. BUDGET IMPACT None.