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Home My WebLink AboutOrdinance 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