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Ordinance 5061
REF: 2004-00007192 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllll Filed: 02/27/2004 Doc ID : 011737040006 Tvice : REL Recorded : 11/08/2007 at 04 : 10 : 37 PM Doc. ID# 007007640010 Pee Amt : $40 . 00 Paae 1 of 6 Washlncton county . AR Bette stamps circuit clerk FL1e2007-00041881 i i ORDINANCE NO, 5061 AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 04-01 .00, SOUTHERN VIEW Il, LOCATED AT FUTRALL DRIVE AND OLD FARMINGTON ROAD EAST OF I-540, CONTAINING APPROXIMATELY 6.7 ACRES, TO ALLOW THE ADDITION OF USE UNIT # 14, HOTEL, MOTEL AND AMUSEMENT FACILITIES AS A PERMITTED USE, AS DESCRIBED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Use Unit # 14, Hotel, Motel and Amusement Facilities, as defined by the City of Fayetteville Unified Development Code, is hereby approved as a permitted use and reflected in the Planned Zoning District zoning criteria for R-PZD 04-1 .00, Southern View Il. Section 2. That the approval of Use Unit # 14 as a permitted use on the subject property shall be conditioned upon the following: 1 . Use Unit #14 shall be limited to a maximum of 75% of the overall non-residential square feet on the property as shown on Exhibit "A", in order to retain a true mixture of retail uses, as proposed and approved with the original Planned Zoning District for Southern View II. 2. Any portion of the property or structures designated for non-residential use and hereby approved for Use Unit #14 shall not be converted to residential use, and shall remit sales and HMR taxes accordingly. An occupant's stay within any one hotel/motel room shall be limited to a maximum of 30 days. Section 3 . That this ordinance shall take effect and be in full force at such time as all of the requirements of the Planned Zoning District have been met. Section 4. That the Planned Zoning District ordinance and official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section I above. Page 2 Ord. 5061 September 18, 2007 AlY SG°; PASSED AND APPROVED this 18`h day of September, 2007. c ; FAYETTEVILLE ; APPROVE ATTEST: s°9Rk sP�'�'.= , AN ° J yN . c , G TON� �.O . By: By: D N COODY, ayor SONDRA SMITH, City Clerk/Treasurer Exhi6t nnNi �7 2575Sonthcxri Visor IT lon Owl- / , p PIK, I ff - f J I I i d � Ye .. VOOOLa p Q' � x/18 'y. . :• x :� )tA01 �33 . '.� . B 0.. : i ' . � I d 1 � , _ . i 11111: 1 I I ' ll ME _Ijaj1 i ORDINANCE NO, 4543 AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED (R-PZD 04-01 .00) LOCATED ON FUTRALL DRIVE AND OLD FARMINGTON ROAD EAST OF I-540 CONTAINING 6.713 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING COMMISSION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: i Section 1 : That the zone classification of the following described property is hereby changed as follows: From C-2, Thoroughfare Commercial to R-PZD 04-01 .00 as shown in Exhibit `W' attached hereto and made a part hereof. Section 2. That the change in zoning classification is based upon the approved master development plan and development standards as shown on the plat and approved by the Planning Commission on January 12, 2004. Section 3. That this ordinance shall take affect and be in full force at such time as all of the requirements of the 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 I above. PASSED and APPROVED this the 17's day of February, 2004. APPR ED: By: nn DAN COODY, Mayor By: 0�.(.�+J SO DRA SMITH, City Clerk ET' 0oa rde 02/007640010 7 Recorded, to:o REL a ' } Fee 02/27/2004 at 10:06; 77 An Nnt : 614 . 00 Paae 1 of 10 ' V8eh1naton County , AR ,� eetta 6tamoCircuit Clerk F11020046 -00007192 � Ic1nw t.0�� w i EXHIBIT "A" R-PZD 04-01.00 PART OF THE SEI/4 OF THE SEI/4 AND PART OF THE S I/2 OF THE SI/2 OF THE NE1 /4 OF THE SEI /4 OF SECTION 18, T-16-N, R-30-W, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE SE CORNER OF THE SE]/4 OF SECTION 18, T-16-N, R-304, SAID POINT BEING A FOUND IRON PIN; THENCE N 87°11 '35" W 225.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF HIGHWAY 71 BYPASS , (NOW INTERSTATE 540); THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FIVE COURSES: N 10°43'38" W 44.34 FEET; THENCE N 67062138" W 42.40 FEET; THENCE N 41 °41 '38" W 74.30 FEET; THENCE N 29°10'38" W 402.99 FEET; THENCE N 20018134" W 214.21 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINES 87°06'32" E 624.58 FEET; THENCE S 0204711W1 W 648.61 FEET TO THE POINT OF BEGINNING, CONTAINING 6.713 ACRES, MORE OR LESS, BEING SUBJECT TO ANY AND ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR OF FACT. BASIS OF BEARINGS ARE BASED ON CITY OF FAYETTEVILLE GPS COORDINATE SYSTEM. i Washington County, AR I certify this instrument was filed on 0N27/20D4 10:06:1.1 AM and recorded in Real Estate File Number 2q0440007M 9elte Ste q; Circuit Clerk py ( IUP o�p City of Fayetteville Staff Review Form City Council Agenda Items or Contracts VfV J- 18-Sep-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: ADM 07-2725: Southern View II PZD Amendment: Submitted by Lindsey Management Company, Inc. for property located on Futral Drive and Old Farmington Road, east of 1-540. The request is to approve an ordinance amending the approved R-PZD 04- 1 .00, Southern View II, to permit Use Unit # 14, Hotel, Motel and Amusement Facilites as a permitted use on the subject property $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 Department Director Date Original Contract Date: n/a Original Contract Number: n/a City Attorney pp Received in City MOO e Finance an nternal Service Director Date Received in Mayor's Office ENTERED cT7 Mayor Date Comments: City Council Meeting of September 18, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations �q From: Jeremy C. Pate, Director of Current Planning Date: August 29, 2007 Subject: Amendment to R-PZD 04- 1 .00 (Southern View 11), to permit Use Unit # 14 RECOMMENDATION Staff recommends approval of an ordinance amending the Residential Planned Zoning District for Southern View. Il (R-PZD 04- 1 .00), permitting Use Unit # 14, Hotel, Motel and Amusement Facilities, as a use by right. Staff has proposed conditions within the draft ordinance that do not match exactly the applicant's proposal, but feel are important for the Council to consider, given one of the primary reasons the project was approved was to provide a mixture of uses on the property. BACKGROUND Lindsey Management Company, Inc. has submitted a request to amend the approved (and substantially contructed) R-PZD. 04-1 .00, Residential Planned Zoning District for Southern View II. The project consists of a .mixed-use development in six buildings. Each building contains 6,733 SF of retail space (on the first floor only) and 19 multi-family units within the three-story structures, for a total of 40,398 SF of retail and 114 dwelling units. The request is to allow for much of the retail space to be converted to an extended stay motel type use, which is only permitted under Use Unit # 14, Hotel, Motel and Amusement Facilities. When the PZD was approved, it did not include this use as a permitted or conditional use on the property. The applicant states that only the first floor of the buildings would be affected, as the second . and third floors are purely residential. Additionally, the applicant has removed the permitted use rights of Use Unit # 14 from the south side of Building 3 and the west side of Building 4 (which have visual frontage onto 1-540), as indicated in the attached diagrams. All of the other non-residential space would be converted to the extended stay hotel/motel use. Staff finds in favor of the proposed concept to add Use Unit 414, finding that a hotel/motel use would be a compatible and complementary use in this area. However, in a review of the original project proposal, which rezoned C-2, Thoroughfare Commercial land to a primarily residential project, it is evident from staffs comments and minutes of meetings that a concern with converting this highly visible commercial property to residential was discussed. Staffs recommendation for this project was based on the development providing a true mixed-use project, wherein users of the residential units and others visiting or residing in the area would have the opportunity to utilize the retail, restaurant and other commercial services proposed. It is staff's finding that limiting the proposed hotel/motel use to 50% of the non- City Council Meeting of September 18, 2007 Agenda Item Number residential floor area on this site is more in keeping with the original recommendation and approval of the Planned Zoning District by the Planning Commission and City Council. This would allow for the flexibility of use in the other non-residential areas to provide a mixture of retail, restaurant and other services for nearby residents, especially the 400-plus dwellings approved in Southern View Phases I and II. Staff has also proposed a condition that limits the time a room can be occupied to a maximum of 30 days, in order for the space to not become a residential use. Additionally, as proposed by the applicant, a conditionstates that the hotel/motel floor area will be operated as an extended stay motel type operation and shall remit sales and HMR taxes accordingly. DISCUSSION This item was not considered by the Planning Commission. Minutes from previous meetings have been included, as has the staff report from the original Planned Zoning District approval . BUDGETIMPACT None. Uses Currently Permitted in Southern View II : Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 19 Commercial recreation, small sites Unit 24 Home occupation Unit 25 Professional offices Unit 26 Multi-family dwellings Additional Use Proposed in Southern View II: (N) Unit 14. Hotel, motel, and amusement facilities. (1 ) Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities. (2) Included uses. Hotel Membership lode .`r:I i: -., Motel Motion picture theater Night club, not providing dancing or outdoor music Tavern, not providing dancing or outdoor music ORDINANCE NO. AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 04-01 .00, SOUTHERN VIEW II, LOCATED AT FUTRALL DRIVE AND OLD FARMINGTON ROAD EAST OF I-540, CONTAINING APPROXIMATELY 6.7 ACRES, TO ALLOW THE ADDITION OF USE UNIT # 14, HOTEL, MOTEL . AND AMUSEMENT FACILITIES AS A PERMITTED USE, AS DESCRIBED HEREIN. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Use Unit # 14, Hotel, Motel and Amusement Facilities, as defined by the City of Fayetteville Unified Development Code, is hereby approved as a permitted use and reflected in the Planned Zoning District zoning criteria for R-PZD 04-1 .00, Southern View II. Section 2. That the approval of Use Unit # 14 as a permitted use on the subject property shall be conditioned upon the following: 1 . Use Unit # 14 shall be limited to a maximum of 50% of the overall non-residential square feet on the property, in order to retain a true mixture of retail uses, as proposed and approved with the original Planned Zoning District for Southern View II. 2. Any portion of the property or structures designated for non-residential use. and hereby approved for Use Unit #14 shall not be converted to residential use, and shall remit sales and HMR taxes accordingly. An occupant's stay within any one hotel/motel room shall be limited to a maximum of 30 days. Section 3 . That this ordinance shall take effect and be in full force at such time as all of the requirements of the Planned Zoning District have been met. Section 4. That the Planned Zoning District ordinance and official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. Lindsey Management Co., Inc. 1200 E. Joyce Boulevard ■ P.O. Box 13000 ■ Fayetteville, AR 72703 ■ (479) 521 -6686 ■ Fax (479) 527-8840 RECEIVED August 28, 2007 AUG 2 8 2007 Mr. Jeremy Pate i - CITY OF FAYETTEVILLE 'S Director of Current Planning CITY CLERKOFFICE 113 West Mountain Street Fayetteville, AR 72701 RE: Modification Southern View PZD, Phase II Dear Mr. Pate: Lindsey Management Company, Inc., (Lindsey Company) on behalf of Southem View Phase 11, a Limited Partnership, would like to request a modification of the Southern View PZD, Phase II, to allow Use Unit 14, Hotel, Motel, and Amusement facilities as a permitted use for a certain part of the nonresidential portion of the project. The Lindsey Company is requesting proper zoning to convert a certain portion of the first floor of the buildings into an extended stay motel type use. Attached to this letter are diagrams which show the areas of the first floor which we would like to allow Use Unit 14 along with which buildings we are seeking to include as an extended stay motel type use. With the exception of previously approved apartment units located on the first floor, this area would be operated as an extended stay motel type operation and would thereby pay sales and HMR taxes. The only part of these buildings that will be affected by the additional use will be a portion of the first floor only. No changes are being sought for the second or third floors. The Lindsey Company is committed to the mixed use concept which has been promoted by the City of Fayetteville, and we look forward to working %Ath the City to make these type developments economically and aesthetically successful:` If there is any other information that can be provided, or any way that I can help, please let me know. Thank you. fnelosure orney NOi jiVCtu _ III ICII tct Ir•i __'PElt 4 II O O 9 Lii • � M KEY WEST DRIVE ? 4 9 1 ® 6 ° e 9 6 ELDG. 11: U Mjj 7 BLDG. 6 o 600 659 I FR#,' Wa OURNE DRIVE n& s e w FRI%T 8 ® e�� :N iCE av E51 4543 ORDINANCE NO. AN ORDINANCE ESTABLISHING A RESIDENTIAL PLANNED ZONING DISTRICT TITLED (R-PZD 04-01.00) LOCATED ON FUTRALL DRIVE AND OLD FARMINGTON ROAD EAST OF I-540 CONTAINING 6.713 ACRES, MORE OR LESS; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF FAYETTEVILLE; AND ADOPTING THE ASSOCIATED RESIDENTIAL DEVELOPMENT PLAN AS APPROVED BY THE PLANNING COMMISSION. • 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 C-2, Thoroughfare Commercial to R-PZD 04-01.00 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 and development standards as shown on the plat and approved by the Planning Commission on January 12, 2004. Section 3. That this ordinance shall take affect and be in full force at such time as all of the requirements of the development plan have been met. Section 4. That the official zoning map of the City of Fayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this the 17`h day of February, 2004. By: By: Ivru.�.J SOINDRA SMITH, City Clerk APPR ED: DAN COODY, Mayor FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of January 12, 2004 113W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575.8264 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.LC.P., Zoning & Development Administrator DATE: January 06, 2004 R-PZD 04-01.00: Residential Planned Zoning District (Southern View II, pp 519) was submitted by Crafton, Tull & Associates on behalf of Lindsey Management Co. for property located at Futrall Drive and Old Farmington Road, east of I-540. The property is currently zoned C-2, Thoroughfare Commercial and contains approximately 6.713 acres. The request is to rezone the property to a Residential Planned Zoning District to allow for a mixed use development comprised of 114 dwelling units and 40,398 SF of commercial space proposed. Planner: Jeremy Pate - Proposal: The request is for a Residential Planned Zoning District on 6.71 acres currently zoned C-2, Thoroughfare Commercial, directly south of the constructed Southern View Phase I multi- family development. The applicant requests a rezoning and Large Scale Development approval for a mixed use development consisting of six buildings. Each of the proposed buildings will contain 6,733 SF of retail space, 14 2 -Bedroom dwelling units and 3 1 -Bedroom units. Proposed Development: R-PZD, Residential Planned Zoning District # of Parking Land Use Square Feet # of Units Bedrooms Required Bldgs 1-6 Commercial/Retail 6,733 SF N/A N/A 27 spaces Bldgs 1-6 Multi -Family Residential N/A 12 24 24 spaces 2 -Bedroom Bldgs 1-6 Multi -Family Residential N/A 7 7 7 spaces 1 -Bedroom Individual Mixed -Use Retail/Multi-family 6.733 SF Retail 19 31 58 spaces Total Residential TOTAL Mixed -Use Retail/Multi-family 40,398 SF Retail 114 186 348* (x 6 Bldgs) Residential *The applicant proposes 302 parking spaces, which is within the 30% +/- ordinance requirement. Total proposed dwelling units on the 6.71 acres numbers 114, therefore the proposed density for the R-PZD is 16.9 DU/acre. K: IReporls120041PCRepomlot-12-0418-PFD 04-01.00 (Southern 1 iewll).doc Access: The development is proposed to have four means of access, two from Old Farmington Road, one from Futrall Drive and one from the existing Southern View Phase I development to the north. A pedestrian access has been added from the existing Southern View I apartments, pursuant to Subdivision Committee discussion. A formal waiver request for the Design Overlay District requirement of 250 feet between an intersection and a curb cut has been submitted by the developer. Staff is in support of the request for the proposed curb cuts along Old Farmington Road. The two entrances fulfill the intent of providing an enhanced "Main Street" streetscape, along with providing needed parking in the "rear" to meet ordinance requirements. Access on both sides of the building is desirable for fire protection and emergency vehicles. Buildings and parking in the development have been situated to create a desirable, pedestrian - oriented streetscape along the two primary entrances east from Futrall Drive and north from Old Farmington Road. Parallel parking and 10 -foot wide sidewalks are incorporated with the primary interior streets, and the majority of parking is located to the rear of the structures. Additionally, a landscape buffer is proposed along. Futrall Drive to ameliorate the impacts of proposed parking lots. Elevations of the proposed structures have been submitted for Planning Commission review. The development is proposed to be under single ownership, with dwelling units rented and retail space leased. All interior streets, landscaping, common areas and buildings will be maintained by the developer. Existing Development: The site is currently vacant. Surrounding Land Use/Zoning.- Direction Land Use Zoning North Southern View Phase I Multi -family dwellings RMF-18, Res. Multifamily, 18 DU/acre South Sines AutoBody Shop C-2, Thoroughfare Commercial East Fayetteville Public Schools P -I, Institutional West Futrall Drive, 1-540 N/A Water & Sewer: Water and sewer lines are available to the site. Phasing: Phase lines are shown in bold on the site plan, dividing the project construction into two phases, the first of which will incorporate all street infrastructure, landscaping, sidewalks and buildings 2 and 5. Street Improvements Proposed: Improvements to Old Farmington Road a minimum of 14' from centerline including curb & gutter, pavement etc_ Six-foot sidewalks are required to be constructed along both Futrall Drive and Old Farmington Road. Adjacent Master Street Plan Streets: Futrall Drive (Collector), minimum of 35 feet from centerline; Old Farmington Road (Local), minimum of 25 feet from centerline KaRepon 2004tPCReponsl0l-12-041R-Pa) 04-01.00 (Southern View!!).doc Tree Preservation: There are no existing trees on -site. Design Overlay District: • Greenspace: The applicant has complied with the 25'greenspace requirement along the rights -of -way. Signage: Monument Sign: The applicant is indicating one (1) monument sign along Old Farmington Road, to be compliance with DOD requirements. All sign illumination is to utilize indirect lighting. Wall Sign: Wall signage is to be determined by tenant occupancy of the leased Commercial/Retail space. Two wall•signs may be installed per business (two right-of-way frontages), not to exceed 20% of that wall area or 200 SF, whichever is less. • Curb Cuts: The applicant requests a waiver of the 250 feet required from an intersection to a curb cut. The original lot configuration does not have adequate depth to satisfy the DOD requirement. Staff is in support of this request. • Lighting: The applicant shall comply with the requirement for 35 -foot . maximum height, utilizing full cut-off lighting fixtures that are shielded and directed downward to the parking lot and light spread not to reflect into the adjacent properties. • Exterior appearance: Elevations have been submitted for all four sides of the building. Planning Commission determination of architectural treatment of fronts, along with Commercial Design Standards, is required. • Building Material: Materials samples have been submitted, indicating the proposed brick colors, etc. • Site Coverage: Approximately 31% of the site has been left in open space. Fencing: Fencing is not proposed with this development. Outdoor Storage: N/A • Access: Pedestrian access is being provided with new 6 -foot sidewalks • along Futrali Drive and Old Farmington Road: Bicycle racks are being provided within the development, as are 10 -foot sidewalks along buildings to allow for spillover and outdoor shopping space. K.'1Reporis120041PCReporist0l-I2-041R-Pa704-0100 (Southern Vie wll).doc Background: The proposal was first heard at Technical Plat Review on May 28, 2003 and in subsequent meetings tabled by staff due to concerns with site development plans. The proposal was resubmitted and heard at Technical Plat Review on December 17, 2003. The revisions produced from that meeting and a subsequent meeting with staff were presented before the Subdivision Committee on December 30, 2003. Discussion at that meeting included breezeways between buildings, "placemaking" on the empty comer between Bids 3&4, trees along the "Main Street"., pedestrian access to Southern View 1, and graphic treatment of the building elevations. Recommendation: Forward to the City Council with a recommendation for approval of the requested rezoning to R-PZD 04-01.00. Planning Commission approval of the proposed Large Scale Development plan R-PZD 04- 01.00 subject to the following conditions: Conditions of Approval: ✓i. Planning Commission recommendation to the City Council regarding the rezoning of the subject property to the unique district R-PZD 04-01.00 with all conditions of approval as determined by the Planning Commission. ,Z. An ordinance creating this R-PZD shall be approved by City Council. 3. Planning Commission determination of Commercial Design Standards. Stafffends the structures fully meet all aspects of Commercial Design Standards. *Addition to Condition w/Planning Commission approval: No two facades shall be constructed next to or across from one another. The end facades shall be addressed to more fully comply with Commercial Design Standards. The tower element shall not be used more than three times within the development. J4. Planning Commission determination of a waiver request for the proposed building within the. 100 -foot setback of the 100 -year water surface elevation of the proposed retention pond. Staff is in support of this'request. A. Planning Commission determination of a waiver request for the Design Overlay District requirement of 250 feet between an intersection and a curb cut, along Old Farmington Road. Approximately 110 feet is the proposed distance from the Futrall Drive intersection to the first•entrance curb cut along Old Farmington Road. Staff is in support of the waiver request. 6. All setbacks, protective easements, and designated uses are binding with the approval of the R-PZD. Submitted building elevations are likewise binding to the project. An A1 -LTD permit is required for any work done within the Highway Department right-of- K-1Repons110041PCReporis101-12-O41R-Pa) 04-01.00 (Southern Viewi!) doa way. 8. Street improvements to Old Farmington Road shall include 14 feet from centerline including curb, gutter, pavement and 6 -foot sidewalks. Six-foot sidewalks are also required along Futrall Drive, at the right-of-way line. 94 No fences shall be allowed within the utility easements along Futrall Drive and Old Farmington Road. 10. All parking lot lights are to be shielded, directed downward and away from adjacent properties utilizing full cut-off sodium lighting fixtures. 11. All signage shall comply with Design Overlay District requirements. 12. All trash enclosures shall be screened from view with materials that are compatible with and complementary to the proposed buildings. 13. All utilities shall be screened with materials complementary to the proposed buildings. 14. Each building shall be constructed to provide a mixture of facades as viewed from surrounding drives and streets. 15. The building permit process for Phase [I of the current proposal shall begin within one (1) year from the final Certificate of Occupancy issued for Phase 1. Standard Conditions of Approval: 16. 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, SW13T, Ozarks, SWEPCO, Cox Communications) 17. 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. 18. Payment of parks fees in the amount of $40,086 shall be required prior to building permit. Prior to R-PZD approval, this amount shall be considered and approved by City Council to meet ordinance requirements for over 100 residential units (scheduled for the February 03, 2004 meeting). 19. All overhead electric lines l2kv and under shall be relocated underground. All proposed utilities shall be located underground. K IReporS200411'CReportslO1-12-041R-PA 04-01.00 (Southern Viewlh9.doc (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. . (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 applicant's proposed development introduces flexible land use in this area, allowing for residential and commercial uses to coincide. Commercial uses are highly desired in this area, and the 40,398 SF proposed will serve both residents living immediately adjacent to and citizens visiting the area. The mixed -use development promotes a harmony of residential and retail, in the traditional sense of neighborhood development. The housing type proposed will provide a variety from Southern View I, to the north, and will not have a negative impact future development in the area. The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for Residential Areas which are: 9.8a Utilize principles of traditional residential urban design to create compatible, livable and accessible neighborhoods. 9.8.e Utilize more intense development patterns downtown, where appropriate, and encourage mixed uses in new developments to promote better community design, maintain human scale, and enhance pedestrian activity. 9.8.f Site new residential areas accessible to roadways, alternative. transportation modes, community amenities, infrastructure, and retail and commercial goods and services. K:IReports120041PCReports 01 -12 -0418 -PH) 04-01.00 (Southern View!I).doc The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for Community Commercial areas which are: 9.10.a Provide centers that are accessible and compatible with adjacent residential development. The proposal is consistent with the General Plan 2020 in which it meets the guiding policy for Mixed Use Areas which is: 9.14.a Allow mixing of uses and integration of design through the planning process. The proposal is consistent with the General Plan 2020 in which it meets the guiding policy for Community Character which is: 9.19.f Allow compatible commercial development within and adjacent to residential development. (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. This ordinance will be forwarded to the City Council for approval.* (C) R - PZD, Residential Planned Zoning District. (l) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: (a) To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's General Plan and the orderly development of the city. (b) To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. (c) To provide a harmonious relationship with the surrounding development, minimizing A: (Reports110041PCReporis101-12-0418-PZ) 04-01:00 (Southern Viewli).doc such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. (d) To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. (e) To encourage the efficient use of those public facilities required in connection with new residential development. FINDING: The R-PZD proposed is consistent with the City's General Plan for mixed -use development, and allows a more flexible means of development to• better accommodate the need for commercial and residential land use. The harmonious relationship of different land• uses and activities in a single development is promoted by the City's General Plan. Land use incompatibility is minimized, and public infrastructure improvements will benefit the City. Permitteduses. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single family dwellings REMOVED BY APPLICANT Unit 9 Two family gs dwwlli¢vnREMOVED BY APPLICANT dwellings Unit10 Three family dwellings REMOVED BY APPLICANT Unit 12 Offices, studios and related services Unit 13 Eating places Unit 15 Neighborhood shopping Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Professional offices Unit 26 Multi -family dwellings FINDING: The applicant is proposing to retain the use of all Use Units associated with the R- PZD, with the exception of Use Units 8, 9, and 10. (3) Condition. In no instance shall the residential use area be less than fifty-one percent (51%) of the gross floor area within the development. totals 40,398 SF; residential units comprise two floors of each building, for a total of 114 units. •Required Findings for Rezoning Request. RECOMMENDATION: LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning this property to R-PZD 04-01.00 is compatible with surrounding land uses in the area. FINDINGS OF THE STAFF 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. Finding: This area is designated Regional Commercial on the Future Land Use Map. That designation is reflective of the current zoning of the site which is C-2, Thoroughfare Commercial. The property to the north, Southern View I, was rezoned and developed as multi -family residential in 2002-03. Concerns cited the Planning Commission ace are included in the minutes of the Rezoning request (see R-PZD proposal helps alleviate some of those concerns by providing needed commercial space along a major corridor, with a residential component; which historically provides potential for safer neighborhood shopping and longer business hours. Connectivity of pedestrian and vehicular access routes will satisfy the City's policies of connectivity and providing mixed use areas in appropriate areas. 2. A determination of whether the proposed zoning is justified and/or needed at the time the . rezoning is proposed. Finding: A desire for commercial land use in this area has been expressed by Planning Commission and City Council, specifically with the Rezoning request of the northern property in 2002. In order to facilitate a development that fulfills the objectives of the city and the needs of the developer, a rezoning request to utilize mixed use development in an R-PZD is justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding- The proposed zoning will increase traffic in the area. The streets surrounding the property are classified as a Collector (Futrall) and a Local (Old.Farmington). A Collector Street is designed to carry between 4,000 and 6,000 vehicles per day. A Local Street should carry up to approximately 4,000 vpd. Development on this particular site should help traffic circulation to and from the area, enabling vehicles to travel east along Old Farmington in an effort to get south (Futrall is one-way north) to 6"' Street. The proposal will not appreciably increase traffic danger and congestion. K:IReports12004IPCReporisl0/-/2-041R-P?D 04-0/.00 (Southern View//).doe • City CouncilMecting Minutes February 3, 2004 Page l2 of l8 rot. NEW BUSINESS: Van Scoyoc Associates: A resolution apf ssociates and a budget adjustment in the ss�ryicesin the amount of $75,000.00, plus a memorandum of agreeri of $85,000.00 to provide es up to $10,000.00. with Van Scoyoc suiting legislative Aldcrthqn Lucas: Is the travel included in this 0,000 or would that be oven and above the $10000. Collis Garran, can of Graduate School for the of A: The travel is inclu ed in the $10,000, the locaNjavel they are referring to is in D.C., i the three years we have u d them they have never used'their $10,000 total allowed amount. Alderman Lucas: So Garran: Yes. I think this is back and forth to Fayetteville is`i I am counting on them to do us Alderman Ma moved to approve the r�sQlution. Alderman Lucas call the resolutio assed 7-0. Alderman Da was absent. Resolution 21-04 as rded in the Office of the ?ilyNC1erk in that amount. of good. Upon roll R-PZD 04-1.00 — Southern View II: An ordinance establishing a residential planned zoning district titled (R-PZD 04-1.00) located on Futrall Drive and Old Farmington Road east of I-540 containing 6.713 acres, more or less; amending the official zoning map of the City of Fayetteville; and adopting the associated residential development plan as approved by the Planning Commission. Mr. Williams read the ordinance. Jerry Kelso, Crafton, Tull and Associates gave a brief presentation on the project. This is a mixed used development with commercial on the bottom floor and residential units on the second and third floor. The total proposed residential units is 113, the total square feet of commercial is roughly 42,000 square feet. Kim Fugitt, Project Architect gave a brief description of the exterior of the buildings and the project. There will be six of the buildings on the six acres; each building will have 19 apartment units and approximately 7,000 square feet of commercial space on the ground floor. There are twelve two bedroom apartments and seven one bedroom apartments; one apartment is on the ground floor to provide any kind of accessible living units for those that may be unable to reach the second and third floor. A discussion followed on the ground level apartment and the apartments to the north of this proposed project. City Council Meeting Minutes Febniary 3, 2004 Page 13 of IS Alderman Thiel: Did this go through the commercial design standard process? Dawn Warrick: Any Planned Zoning District which has commercial components is required to be review for commercial design standards and it was approved by the Planning Commission for those standards. A discussion followed on the project. Jim Lindsey spoke about the project. Mayor Coody: I want to thank you and your staff for being willing to try something that is way outside your box. A discussion followed on the project. Alderman Cook: As a PZD is that locked in that the first floor must remain as commercial or at some point in the future could that be turned into apartment space or what ever? Tim Conklin: What has been shown.and proposed is to lock in the first floor excluding the one assessable unit as commercial. Alderman Reynolds: I want to thank you for jumping into this venture. I really like it, I think it will cheer up the neighborhood out there and that new traffic light alignment will help you. Alderman Jordan: Traffic Count? Warrick handed out the traffic counts that were taken by the city's Transportation Alderman Thiel: There are 114 new apartment units in this project. Tim Conklin: There is 6,733 square feet of retail per building for a total of 40,398 square feet of retail. Alderman Thiel: How many units did we add whenever the property north of there, which was commercially zoned, was rezoned multi -family, how many units are in that complex? Tim Conklin: 300 units Alderman Thiel: I am concerned about the amount of apartments we are adding right now when construction has not even started on the new treatment plant. I think this a great effort on Mr. Lindsey's part. I feel 540 has a lot of apartments and that is the front door into this city, I would like to see more of it developed commercially. Even though this is mixed and it does have the commercial, it still adds 114 more units. I have reservations about how this is going to look from 540. City Council Meeting Minutes February 3, 2004 Page l4 of 18 Alderman Marr: What is your current occupancy of the 300 apartments that you have recently built? Mr. Lindsey: Companywide in Fayetteville we are at 97%. That project is new and it was built after the kids came back to school and we have just finished the last building in the last few weeks. That project is right now at 50%. I would say by May we would be in the 80% to 85% and by next August that project will be 100% rented. Alderman Marr discussed housing for students and housing close to the university. He spoke about the continued same look of apartments at every intersection. There is a lot about, this project that he likes, that we are having a major developer in our area try something new that is a very different look. He thinks it is very hard to argue for urban infill and mixed use and not be willing to step out and have someone who is willing to take a little bit of risk with you do that. I appreciate that very much, I like the concept. Part of the appeal to me is the fact that it may visually hide some of the things that are repetitive on 540 when this development gets built. I am excited about some commercial in this area. This Ordinance was left on the First Reading. Sou ern View Phase II, Money in Lieu of Land: A resolutio. accepting the parks and Recre on Advisory Board's recomme ation to accept $40,086.00 ca in lieu of the required park Ian edication for Southern View• e 11. Alderman dan moved to table the Res ution until the February 17, 04 City Council meeting. Al man Cook seconded. Up roll call the motion to to passed 7-0. Alderman Davis as absent. Re -budget 2003 Bu et Items: $58,605,226.00 in or to r provements and fund i ease. Al man Jordan moved to call t resolution passed 7-0. A resolution appr 'ng a budget adjustment to re -a opriate amn project fundin for identified and scheduled apital workers compensation emiums. )rove the resolution. Aid an Cook seconded. Upon roll Iderman Davis was absent. Resolutioi 2-04 as Recorded in the ice of the City Clerk. ADM 03-29.0 Chapter 167 Tree Pres vation Amendment: \onai XV: Unified De opment Code, of the Co' of Fayetteville, to clarification of van i provisions concerning tr reservation and protection. Mr. Williams read the Alderman Thiel: Is the Tree and Landscape Committee Audience: They have reviewed this for several months, they they are in full support. of this? amending Title idments to and reviewed this amendment and Planning Commission January 12, 2004 Page 6 R-PZD 04-01.00: Residential Planned Zoning District (Southern View I1, pp 519) was submitted by Crafton, Tull & Associates on behalf of Lindsey Management Co. for property located at Futrall Drive and Old Farmington Road, east of I-540. The property is currently zoned C-2, Thoroughfare Commercial and contains approximately 6.713 acres. The request is to rezone the property to a Residential Planned Zoning District to allow for a mixed use development comprised of 102 dwelling units and 40,398 SF of commercial space proposed. Hoover: On to item number three, R-PZD 04-01.00 for Southern View Phase II for property at Futrall Drive and Old Farmington Road. Jeremy? Pate: Item four is a Residential Planned Zoning District for Southern View 1I located at Futrall Drive and Old Farmington Road east of 1-540. This is directly south of the Southern View apartment complex which is known as Southern View I which was recently completed. The subject nroperty is currently zoned C-2 Thoroughfare Commercial and designated Re ional Commercial o our future lan�iplan. It contains approximately 6.7 acres• The request tonight is .to rezone the property to a Residential Planned Zoning District to allow for a mixed use development comprised of 102 dwelling units and approximately 40,398 sq.ft. of commercial retail type space proposed. On page 3.1 of your staff reports, the first page, the • staff has broken down the numbers of buildings and the number of • bedrooms/units. Approximately 17 units per building with 31 bedrooms. There is a mixture of two bedroom and one bedroom units on primarily the second and third floors of each of the six buildings with a retail being along the first floor. There are 348 spaces required by ordinance, the applicant is proposing 302 which is in within the 30% +/- portion of the ordinance for parking requirements. The proposed density with 102 units therefore, is 15.2 dwelling units per acre. The development is proposed to have four means of access, two south onto Old Farmington Road, which is a two way going east/west, one onto Futrall Drive which is one way going north and then there is another entrance also into the Southern View I apartment complex which accesses I believe it is Stone Street, which is also two way going east and west. There is a waiver request with regard to access, the 250' required between an intersection and a curb cut in the Design Overlay District. That is along Old Farmington Road, I believe it is 110' approximately that is requested. Staff is in support of this waiver request from the Design Overlay District. Additionally, this entire site is in the Overlay District. A landscape buffer is proposed along Futrall Drive to ameliorate the impacts of the proposed parking lot that is on your site plan. Elevations, as you can see, have been submitted and I believe there are some revised ones. I'm not for sure if they have made it here yet. The ones on the bottom here in black and white do call out some of the • materials of those structures. Surrounding properties are zoned a number of things. To the north, of course, is Southern View I which is RMF-18, Planning Commission January 12, 2004 Page 7 to the south is C-2, Thoroughfare Commercial, this is Sines Auto Body Shop. To the east is the Fayetteville Public Schools which is P-1, Institutional and to the west is of course Futrall Drive and 1-540. There are some phase lines shown on your plats as well with the dark dashed line. I believe it is buildings two and six I think if memory serves me correctly, that are being proposed to be developed in Phase I as well as all • the infrastructure for all of this development with regard to streets and water and sewer lines. With regard to findings for the Planned Zoning District, in pages 3.7 through 3.15 1 won't go over all of those, a couple of pertinent ones are included. The proposal is consistent with the General Plan in a number of areas, including residential. areas. It is utilizing some of the principles of traditional residential urban design to create livable and accessible neighborhoods, both in a vehicular and pedestrian manner. It is also citing residential areas accessible to roadways and alternative transportation modes, infrastructure, retail and goods. It also meets the guiding policies for community commercial areas and providing centers that are accessible and compatible with. adjacent residential development. Again, as I mentioned, this area is designated Regional Commercial on the Future Land Use Map. I included some minutes from the initial rezoning of this project. There were some concerns by both the Planning Commission and the City Council. With regard to amount of commercial space which is being lost here and a site which is very visible and has access. There is 30,000 sq.ft. or a little more of commercial space proposed in this area. Just in comparison, a typical Walgreen's for instance, is approximately 15,000 sq.ft., a grocery store, for instance, like an IGA or Harps is around 40,000 sq.ft. The Lowe's approved west of town on 6`h Street is about 130,000 sq.ft. and the associated retail was about 50,000 so that is just sort of giving you an idea the amount of commercial that is being proposed here. I included some traffic counts. I just handed those out. I believe there are approximately 1,180 vehicle trips per day on average of a 24 hour span. Commissioner Graves actually asked me to produce that for the Commission to see for the traffic amounts generated by this proposed development. It is broken up into a certain amount of square footage for retail, for office and for residential uses as shown on your printout there. Again, there are four ways in and out of this development. Old Farmington and Futrall and to the north to Stone Street, three ways. Staff is recommending approval of this Residential Planned Zoning District with 19 conditions, three of which Planning Commission does need to make specific findings on tonight. Planning Commission determination of Commercial Design Standards for that portion of the site that is commercially developed. Item four, Planning Commission determination of a waiver request for a proposed building within the 100 foot setback of the 100 -year water surface elevation of the proposed detention pond. Item five, Planning Commission determination of a waiver request for the Design Overlay District requirement of 250' Planning Commission January 12, 2004 Page 8 between intersection and a curb cut. I would also mention condition number fifteen, the building permit process for Phase II of this proposal shall begin within one year from the final Certificates of Occupancy issued for Phase I. Staff felt it appropriate that Phase II should follow after Phase I for the permitting process in a timely manner. Hoover: Thank you. Would the applicant come forward please? Kelso: Thank you Madam Chair. My name is Jerry Kelso, I'm with Crafton, Tull & Associates, the engineer of record on this piece of property and on this project. Jeremy has pretty much went over the overview of the thing. I just want to make a few points. We started this project based upon meetings that we have had with the city and the city's leadership to develop this type of a project. Obviously, what you see is a true mixed use type development. Commercial is on the bottom floor with residential • on the second and the third floors'to make a true community where you have both residential and commercial on the same tract of land. We went through several iterations with the actual building itself along with the site plan to get where we're at today. We have worked diligently with the city staff. If you look at your site plan what we've done is we've tried to create a streetscape through the middle of this thing what buildings located on both sides to. create that unique design that I think is the vision of the City of Fayetteville. A couple of things I also wanted to point out, we added since Subdivision Committee if Subdivision Committee members remember. We did go ahead and add the pedestrian access to the north that was requested. Between the buildings we have created a fence so it looks like we've got a solid row of buildings along with fences straight through. There at the corner between buildings three and five we've got the gazebo and tried to spruce it up with some gardens and kind of making a nice meeting area centralizing this development. Those are some of the things that we've tried to do along the way and work with city staff, the Planning Commission and the leadership of Fayetteville to come up with what we've got. I will try to entertain any questions that you might have. Again, Kim Fugitt is the architect on these buildings if you have any building specific questions. Thank you. Hoover: At this time we will open up this R-PZD 04-01.00 for public comment. Is there anyone in the audience that would like to address this project? Seeing none, I will bring it back to the Commission. I think we might go ahead,' can we go ahead and start with the architect giving his presentation? I think that would be helpful. Fugitt: My name is Kim Fugitt, I am the project architect, did • you have some questions? •11nn:1�: -PZD04-01.0 SOUTHERN VIEW • 11 One Mile View :, IRS — RA IRA RA . I RW-2L • RA Liu I � tCFpRp `�., _R_-0 _ IRSF-L RSFt1 —S is I1 �P /�,—1 �Y ',-I / I � R2 I1 \w 2 Yy� 'R a r l Lf 1; Lf G2 G1 R-0 G2 RAY—ft9 / c2i> Ll m RIVA( \\. I2 iT 1� ftAc.N I.RA jR. k fv ! 11 InJl l' --_—1 11 Lt -I� a __tom.u� — J 'r o "l, I Rat• -3-1 ` r I - c ` l 41 - G2 C �f Y RSf4 I RD �� I TTT y i i I /}Rsfa'C +1 GI2 °pIRMri21 1:; ,1 O mf fii Ir" ftSF. —1— ECTn r"—�y...ie� r J( 0.A I 21 4b. 0 ft L f ) 13 L LL1 L—:—I!fl !— Overview Legend Subject Property Boundary Master Street Plan R-PZD04-01.00 ' N ' Planning Area 4 SF Yflm a`ess `y &000streets °000000 Overlay District Prfex¢1 r_— �pPnnapal VMmorAIftKTI '1. Exismw L _ 1 CRY L'units i . Coeecfar JI///�Ran�,ed Outside City •••• Itistaek Cooedar 0 0.1 0.2 0.4 . 0.6 0.8 Iles L2 Lindsey Management Co., Inc. 1200 E. Joyce Boulevard ■ P.O. Box 13000 ■ Fayetteville, AR 72703 •(479) 521-6686 ■ Fax (479) 527-8840 RECEIVED August 28, 2007 AUG 282007 Mr. Jeremy Pate CITY CITY CLERYi s OFFICE E Director of Current Planning 113 West Mountain Street Fayetteville, AR 72701 RE: Modification Southern View PZD, Phase II Dear Mr. Pate: Lindsey Management Company, Inc., (Lindsey Company) on behalf of Southern View Phase II, a Limited Partnership, would like to request a modification of the Southern View PZD, Phase II, to allow Use Unit 14, Hotel, Motel, and Amusement facilities as a permitted use for a certain part of the nonresidential portion of the project. The Lindsey Company is requesting proper zoning to convert a certain po±-t'on of the first floor of the • buildings into an extended stay motel type use. Attached to ?his letter are diagrams which • show the areas of the first floor which we would like to allow Use Unit 14 along with which buildings we are seeking to include as an extended •;taj' motel type use. With the exception of previously approved apartment units located on the first floor, this area would be operated as an extended stay motel type operation and would thereby pay sales and HMR taxes. The only part of these buildings that will be affected by the additional use will be a portion of the first floor only. No changes are being sought for the second or third floors. The Lindsey Company is committed to the mixed use concept which has been promoted by the City of Fayetteville, and we look forward to working with theCity:to make these type developments economically and aesthetically successful. If there is any other information that can be provided, of any way that I can. help, please let me know. Thank you. Jarratt rate Attorney is _A�II ..Tfla M► I'WS V .a. ___ • iI \ I I � 11 ales illllll' i �'i'�I���I�iF 1w►'�fiYi�l �I11fitiie�aill o / Zr I Io I I I ,rte _ o' I© III!IC H. 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V V W N —I N Wl0O000 W C) C7 C7lN V 0 (0 U1 N W N W W NOOJ 0 W O W 0! V N N 0! 0 O (9.20.07) Clarice Pearman - CC approved Items Page 1 From: Jeremy Pate To: Pearman, Clarice Date: 9.19.07 10:38 AM Subject: CC approved Items Garice, Please disregard the Exhibit "B" that is found with the ADM 07-2725 Southern View II amendment. It was inadvertently left at the end of that ordinance, and doesn't go with it. thanks, Jeremy 1(9.2407)Clarice Pearman - Ords. 5060 thru 5062 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 9.24.07 3:51 PM Subject: Ords. 5060 thru 5062 Attachments: 5060 VAC 07-2688 Springfield Holding Group.pdf; 5061 R-PZD 04-01.00 Souther n View Il.pdf; 5062 Amend 174.12 Wall Signs.pdf CC: Audit Jeremy: Attached are the above ordinance passed by City Council, September 18, 2007. Please let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice RECEIVED NORTHWEST ARKANSAS EDITION Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Kate MacNaughton, do solemnly swear that I am the 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. 506 1 Was inserted in the Regular Editions on: September 26, 2007 - Publication Charge: $73.85 Subscribed and sworn to before me This2Lday of �� 2007. CATHY J. WILES I �•i'�"IF..Ci;,c . Benton County ` '• My Commission Expires Notary oublie� -�, '.,:,c9:— - - - �^?••'' .= Febru 20, 2014 ` My Commission Expires: 2-/Zo/Zorur **N0TE** Please do not pay from Affidavit. Invoice will be sent. I. I Wednesday, September 26, 2007 r I'- I ORDINANCE NO. 5061 I. 'AN'ORDINANCE AMENDING A RI ]JORIVE AND OLD'FARMINGTON'ROADEAST OF,1-,.- j %4 V V 1.VV V `.LJLJ 540, CONTAINING APPROXIMATELY 6.7 ACRES, 1 ARKANSAS TO ALLOW THE ADDITION OF USE UNIT #14, - HOTEL. MOTEL AND AMUSEMENT FACILITIES AS - r A PERMITTED USE, AS DESCRIBED HEREIN. SE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF'FAYETTEV rr6on 1. That Use Unit #14, Hotel, Mosel and Amusement Facilities, as defined by the City of yettevlle Unified Development Code, is hereby approved as a penrutted use and reflected in the anted Zoning District zoning criteria for R-PZD-04-1.00, Southern Vier II. action 2. That the approval of Use Unit #14'es a pemitted use on the subject property shall be con - timed upon the folbwtng: . - ' Use Unit #14 shall be limited to a maximum of 75% of the overall non-residential square feet on e property as shown on Exhibit 'I In order to retain a true mixture of retail uses, as proposed and aproved with the original Planned Zoning District for Southern View If. � " •#J`i�•: Any portion of the property or structures designated for non-residential use and hereby approved b Use Unit #14 shall not be converted to residential use, and shall remit sales and HMR taxes :mrdingy. An occupants stay within any one hotel/mosel room shall be limited to a maximum of 30 aye. . _. ection 3. That this ordinance shall take effect and be In full force at such t me as ell of the reQuire- ienls of the Planned Zoning District have been met. action 4. That the - Planned Zoning District ordinance and official zoning map of the City of syettevifle: Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above. It,s_ ]r cjp* ga .L 'ASSED AND APPROVED this 18th day of September. 2007. /! . APPROVED: ATTEST: By: AN COODY, Mayor SONDRA SMITH. City Clergfrsesur+e s . — 1 F`