HomeMy WebLinkAboutOrdinance 5080 REF: 2005-00051315 131111111111111 11111111
Filed: 10!04/2005 Recorded : �2117%200�atT11�2BRa8 An
Fee Amt : $45 . 00 Face t of 7
Doc. ID# 009342010002 Meshlnaton Countv . AR
Bette Stemos Circuit Clerk
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ORDINANCE NO, 5080
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 05- 1543, VANTAGE
CENTER, LOCATED AT THE END OF SHEPARD LANE
ADJACENT TO FRONTAGE ROAD, CONTAINING
APPROXIMATELY 4.68 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 414, 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 05- 1543, Vantage Center.
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 73% 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
Vantage Center.
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, are hereby amended to reflect the zoning change provided in
Section 1 above.
Page 2
Ord. 5080
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PASSED AND APPROVED this 20th day of November, 2007. r as a
: FAYETTEVILLE : 3
APPROVE ATTEST: ,; y RkANSPO
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By: as
By:
DAN COODY, May SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
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ORDINANCE NO. 4776 SCANNED
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05-1543,
VANTAGE CENTER, LOCATED AT THE END OF
SHEPARD LANE ADJACENT TO FRONTAGE ROAD,
CONTAINING APPROXIMATELY 4.7 ACRES, MORE OR
LESS; 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 C- 1 , Neighborhood Commercial and R-A, Residential Agricultural, to R-PZD 05-1543
as shown in Exhibit "A" attached hereto and made a part hereof.
Section 2: That the change in zoning classification is based upon the approved
master development plan, development standards, and conditions of approval as submitted,
determined appropriate and approved by the City Council.
Section 3 : That this ordinance shall take effect and be in full force at such time as all
of the requirements of the master development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning. change provided in Section 1 above.
PASSED and APPROVED this 4`s day of October, 2005 .
APPROVED:
By:
/ t l DAN COODY, M o
By: 4 '-I 4 "r,< arrr mr
S NDRA SMITH, City Clerk �.�•` ERIV
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Doc ID: GQ9342010002 T
Recorded : . 11/15/2006 at 0105 28 pH :9 �
Fee Amt : $11 . 00 pace 1 or z SPr.,
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EXHIBIT "A"
R-PZD 05-1543
TRACT 1 SURVEY DESCRIPTION:
PART OF THE SE 1 /4 OF THE SE 1/4 OF SECTION 23, T-17-N, R-30-W,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS :
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23, THENCE
NO2047'48"E 480.38 FEET TO THE POINT OF BEGINNING; THENCE N87017' 11 "W
620.79 FEET; THENCE NO2°47'48"E 328. 12 FEET; THENCE S87' 1 Tl 1 "E 620.79 FEET;
THENCE S02047'48"W 328. 12 FEET TO THE POINT OF BEGINNING, CONTAINING
4.68 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
12/17/2007 11 :28:48 AM
and recorded in Real Estate
File Number 2007-0004581
Bette Stamps - Circuit le
by
Washington County, AR
I certify this instrument was filed on
11/15/2005 01 :08:28 PM
and recorded in Real Estate
File Number 2005-00051315
Bette Ste Ps - Circuit Clerk
by ` n+ J'
Orb
City of Fayetteville
Staff Review Form
City Council Agenda Itemspb
or OO
Contracts
20-Nov-07 r^ � Ole,&
`Q City Council Meeting Date
Jeremy Pates Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2806: Vantage Center PZD Amendment: Submitted by Lindsey Management Company, Inc. for property located at
the end of Shepard Lane adjacent to Frontage Road. The request is to approve an ordinance amending the approved R-PZD 05-
1543, Vantage Center, 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 ategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # 1%e T 7 76
Depa nt Dir o Date Original Contract Date: n/a
Original Contract Number. n/a
Ci omey
(� [Received in City CI 1f e
JP
- 7 -67
Finance d Internal Service Director Date
�� Received in Mayor's Office ENT
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7
MA r Date
Comments:
City Council Meeting of November 20, 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: November 1 , 2007
Subject: Amendment to R-PZD 05- 1543 (Vantage Center), to permit Use Unit # 14
RECOMMENDATION
Staff recommends approval of an ordinance amending the Residential Planned Zoning
District for Vantage Center (R-PZD 05- 1543), permitting Use Unit # 14, Hotel, Motel and
Amusement Facilities, as a use by right. Staff has proposed conditions within the draft
ordinance that are important for the Council to consider, to provide a true mixture of uses on
the property.
BACKGROUND
Lindsey Management Company, Inc. has submitted a request to amend the approved R-PZD
05-1543, Residential Planned Zoning District for Vantage Center. The project consists of a
mixed-use development in four 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
26,932 SF of retail and 76 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.
Only the first floor of the buildings would be affected, as the second and third floors are
purely residential. The applicant requests to allow 73% of the first floor of the mixed use
buildings, or 19,660 SF to be utilized for an extended stay hotel/motel use, the remaining
27% of the first floors, or 7,272 SF would be utilized for the other permitted non-residential
uses.
Staff finds in favor of the proposed concept to add Use Unit # 14, finding that a hotel/motel
use would be a compatible and complementary use in this area. Staffs recommendation for
this original 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 73% of the non-residential floor
area on this site is 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. Staff has 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
City Council Meeting of November 20, 2007
Agenda Item Number
residential use. Additionally, a condition states 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.
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 05- 1543, VANTAGE
CENTER, LOCATED AT THE END OF SHEPARD LANE
ADJACENT TO FRONTAGE ROAD, CONTAINING
APPROXIMATELY 4.68 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 414, 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 05-1543, Vantage Center.
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 73% 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
Vantage Center.
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.
EXHIBIT "A"
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Lindsey Management Co., Inc.
1200 E. Joyce Boulevard ■ P.O. Box 13000 ■ Fayetteville, AR 72703 ■ (479) 521 -6686 ■ Fax (479) 527-8840
October 16, 2007
RECEIVED
Mr. Jeremy Pate OCT 16 2007
City of Fayetteville PLANNING DIV.
125 West Mountain Street
Fayetteville, AR 72701
RE: Modification of Vantage Center PZD
Dear Mr. Pate:
On October 4, 2007, Vantage Center, a Limited Partnership ("Vantage Center"),
submitted a letter to the City of Fayetteville requesting a modification of the Vantage
Center 'PZD. In that request, Vantage Center asked that multifamily residential be added
as a permitted use for up to 75% of the property.
Vantage: Center would like to amend the modification request to the Vantage Center
PZD. At this time, we would like to request that Use Unit 14, hotel, motel, amusement.
be allowed on up to seventy three percent (73%) of the first floor of the mixed use
buildings. The remaining twenty-seven percent (27%) of the first floor would retain the
current permitted uses.
The only part of these buildings that will be affected by the allowance of an additional
permitted use will be a portion of the first floor only. No changes are being sought for
the second or third floors.
If there is any other information that can be prov`ded or any way that I can help, please
let me know.
Thank you.
frate
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