HomeMy WebLinkAboutOrdinance 5081 ORDINANCE NO. 5081
AN ORDINANCE TO WAIVE SECTION 166.20 OF THE UNIFIED
DEVELOPMENT CODE AND TO EXTEND THE EXPIRATION
DATE FOR R-PZD 05-1543 (VANTAGE CENTER) TO OCTOBER 4,
2008.
WHEREAS, after the Vantage Center R-PZD was approved in 2005, the City Council amended
the Planned Zoning District ordinance in the Unified Development Code to allow a greater period of time
for large and/or complex projects to obtain building permits; and
WHEREAS, the Vantage Center PZD is very similar to the Southern View Phase II project that
was recently completed on the west side of Fayetteville, and the applicant needed to wait and see how the
market would react to a mixed-use product of this type in this area before substantial investments were
made to move forward; and
WHEREAS, the applicant desires to move forward with the Vantage Center PZD project based
on the feasibility of the Southern View Phase II project; and
WHEREAS, the developer of Vantage Center has shown progress in recent months in
application for construction and building permits which are expected to be issued within the next year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby waives
Section 166.20 Expiration of Approved Plans and Permits of the U.D.C. and extends the expiration date
of R-PZD 05- 1543 (Vantage Center) passed on October 4, 2005, for the applicant to obtain all building
permits by October 4, 2008.
PASSED and APPROVED this 20'" day of November, 2007.
APPROVED: ATTEST:
By. By UDIT 4 A k-;
D COODY, Mayor SONDRA E.YSMITH, City Clerk7Treasurer
; FAYETTEVI IL- 8 3
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City of Fayetteville /) col D�
Staff Review Form 50
City Council Agenda Items
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20-Nov-07
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City Council Meeting Date l4/�t l ✓� r
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2807: Approval of a waiver from the Unified Development Code Ch. 166.20 Expiration of Approved Plans and
Permits, to permit an extension for the Vantage Center Planned Zoning District until October 4, 2008.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
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Account Number Funds Used to Date Program / Project Category Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Dep rtme Director Date Original Contract Date: m (1
Original Contract Number. C
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City Attorney
Received in City Clerk'TO s
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Finance and Internal Service Director Date
Received in Mayor's Office , T/�,R.11
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Mayor 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: Vantage Center Planned Zoning District Expiration
RECOMMENDATION
Planning staff recommends approval of a waiver for Vantage Center R-PZD from the
Unified Development Code, §166. 20 Expiration of Approved Plans and Permits, with the
condition that all building permits shall be obtained by the applicant prior to October 4,
2008 or the project shall return through the Planned Zoning District review process, in
accordance with the ordinances in place at the time of submittal.
BACKGROUND
The subject property contains approximately 4.68 acres, located at the end of Shepard
Lane between Frontage Road and Steam Street. The City Council adopted an ordinance
granting approval of a Planned Zoning District (R-PZD 05- 1543) on the site on October
4, 2005. The combination zoning and development action allowed for the development of
a mixed use development consisting of four buildings. Each of the proposed buildings
would contain 6,733 SF of non-residential space, twelve two-bedroom units, and seven
one-bedroom units, for a total of 26,932 SF of non-residential space and 76 residential
units.
The subject Planned Zoning District was approved in October of 2005, prior to the
adoption of the current Planned Zoning District Ordinance amendments that allow for
larger and more complex projects to request a more reasonable period of time in which to
obtain building permits. When this project was approved, there was in place a blanket
one-year time period in which to obtain all building permits associated with the project.
The Vantage Center project is very similar to the Southern View Phase II PZD in
southwest Fayetteville, which has just been completed. The applicant has chosen to wait
and see how the market would react to a mixed-use produce of this type, before the
substantial investments were made to move forward with the project. Now that the
Southern View Phase II project is complete, the applicant has made the decision to move
forward with the project and has applied for grading and building permits.
A one-year approval extension was granted by the Planning Commission on October of
2006, extending the approval to October 4, 2007. While processing the building permits
City Council Meeting of November 20, 2007
Agenda Item Number
for this development the one-year extension expired and the City can not continue
processing building permits for the subject property. Given the unique nature of the
project being very similar to the Southern View phase II project that was recently
completed, as well as the additional submittal requirements under the new PZD
ordinance, staff would support a waiver from the Unified Development Code to allow for
this project to continue in the process of obtaining building permits without having to
process a new Planned Zoning District application through the development review
process, also meeting all new submittal requirements. We feel it is evident the
applicant/developer is actively pursuing the development of this project, which was the
intent of the ordinance adoption. Staff proposes a time limit on the extension of the
approval of approximately one year, to expire on October 4, 2008. Building permits will
be able to be pulled for the buildings that can be permitted immediately; however, an
existing waterline has to be relocated before permits can be pulled on two of the
buildings, which is another delay in pulling permits. All building permits for Vantage
Center PZD would have to be obtained for this project by October 4, 2008, or the
approvals would expire without the ability to request renewal by the Planning
Commission.
DISCUSSION
None.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO WAIVE SECTION 166.20
OF THE UNIFIED DEVELOPMENT CODE AND
TO EXTEND THE EXPIRATION DATE FOR R-
PZD 05-1543 (VANTAGE CENTER) TO
OCTOBER 4, 2008.
WHEREAS, after the Vantage Center R-PZD was approved in 2005, the City Council
amended the Planned Zoning District ordinance in the Unified Development Code to allow a
greater period of time for large and/or complex projects to obtain building permits; and
WHEREAS, the Vantage Center PZD is very similar to the Southern View phase 11
project that was recently completed on the west side of Fayetteville, and the applicant needed to
wait and see how the market would react to a mixed-use produce of this type in this area before
substantial investments were made to move forward; and
WHEREAS, the applicant desires to move forward with the Vantage Center PZD project
based on the feasibility of the Southern View phase I1 project; and
WHEREAS, the developer of Vantage Center has shown progress in recent months in
application for construction and building permits which are expected to be issued within the next
year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby waives
Section 166.20 Expiration of Approved Plans and Permits of the U.D.C. and extends the
expiration date of R-PZD 05- 1543 (Vantage Center) passed on October 4, 2005, for the applicant
to obtain all building permits by October 4, 2008.
PASSED and APPROVED this—day of J 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
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Craffon Tull Sparks
September 28, 2007 arclikochue I engineering
Birmkgtum
Conway
Lime Bock
Mr. Jeremy Pate pkWme Cm
Senior Planner Bm iia ile
Fulsa
City of Fayetteville Wichita
125 West Mountain Street
Fayetteville, AR 72701
RE: PZD Expiration
Vantage Center
CTA Job No. 021131 -01
Dear Mr. Pate:
On behalf of Mr. Jim Lindsey (a.k.a. Vantage Center LLP), we request the city council's
consideration to allow a one year extension of the Vantage Center Mixed use project to
secure building permits. The approval for this project was conditioned on the PZD
receiving all its building permits within one calender year. An extension for an additional
year was granted by the planning commission, however the current ordinance does not
allow the planning commission to approve any more time above one year.
This project if very similar to "Southern View phase II", which has just been completed. It
was the intent to see how the market would react to a mixed-use product of this type,
before the big investments were made to move forward. Now that that Southern View
phase II is complete, we should be able to determine the feasibility of this product within
the next few months. Therefore, we have delayed starting construction and pulling
building permits until that determination can be made. Southern View phase II took
longer to construct than was anticipated.
Engineering has approved the current plans, and a pre-construction meeting has been
held by City of Fayetteville staff for site work. Building permits are being pulled for the
buildings that can be permitted at this time, however an existing waterline has to be
relocated before permits can be pulled on 2 of the buildings, which is another delay in
pulling permits before the deadline date.
We appreciate your assistance with this project and ask that the city council look
favorably on this request. When completed, we believe Vantage Center will be another
true mixed use product the city has been trying develop.
Sincerely,
Crafton, Tull, Sparks & Associates, Inc.
Jerry Kelso, P.E.
Vce President
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ORDINANCE NO. 4776
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 APPROXDAATELY 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 4s' day of October, 2005.
APPROVED:
By:
DAN COODY, M o
By:
S NDRA SMITH, Ci Clerk
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
N0204T48"E 480.38 FEET TO THE POINT OF BEGINNING; THENCE N87*17' 1 I "W
620.79 FEET; THENCE NO2°4748"E 328. 12 FEET; THENCE S8701 T I l "E 620.79 FEET;
THENCE S0204748"W 328. 12 FEET TO THE POINT OF BEGINNING, CONTAINING
4.68 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMEN'T'S AND/OR RIGHTS-OF-WAY OF RECORD.
Taye Ile PC Meeting of September 12, 2005
ANKANSAS
THE CITY OF FAYETTEVILLE . ARKANSAS 125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
Fayetteville Planning Commission
FROM: Andrew Garner, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Augmt 30,2905 September 14, 2005
R-PZD 05-1543: Residential Planned Zoning District (VANTAGE CENTER,): Submitted
by JERRY KELSO for property located at THE END OF SHEPARD LANE ADJACENT TO
FRONTAGE ROAD. The property is zoned C- 1 , NEIGHBORHOOD COMMERCIAL and R-
A, RESIDENTIAL AGRICULTURAL and contains approximately 4.68 acres. The request is to
approve a Residential Planned Zoning District with 26,932 square feet retail space, 124
bedrooms, and 187 parking spaces.
Property Owner: VANTAGE CENTER, LLC Planner: ANDREW GARNER
Findings:
Background: This proposal was first heard at Technical Plat Review on June 1 , 2005 and was
tabled by staff due to concerns with site development plans. The revisions produced following
subsequent meetings with staff are those presented before the Subdivision Committee.
Property and Setting: The site is located at the end of Shepard Lane in northern Fayetteville
between Frontage Road and Steam Street. The site is largely undeveloped with the existing
Lindsey Communications residential-office building and a gravel drive located in the western
portion of the site. The some stands of mature trees trending north-south through some of the
eastern portions of the site. As depicted in Table 1, the site is surrounded by a mix of
commercial and residential uses.
Table 1
Surrounding Land Use and Zonin
Direction from Site Land Use Zoning
North Large-lot residential C-1 , Neighborhood Commercial
South Undeveloped commercial lots C-2, Thoroughfare Commercial
East Stearn Street Apartments R-O Residential Office
West Mixed-use commercial C-2, Thoroughfare Commercial
Water acrd Sewer: Water and sewer lines are available to the site.
Adjacent Master Street Plan Streets: Frontage Drive (a Collector Street)
K:IReportr120051PC Reports109-12-0518-PZD 05-1543 (Vantage Center).DOC
Proposal: The applicant requests a rezoning and preliminary plat approval for a residential
subdivision within a unique R-PZD zoning district. The proposed use of the site is for a mixed
use development consisting of four buildings. Each of the proposed buildings will contain 6,733
square feet of retail space, twelve 2-bedroom units, and seven l -bedroom units. The proposed
uses and parking are detailed in Table 2.
Table 2
Proposed Vantage Center Residential Planned Zoninq District
Square No. of No. of
Land Use Feet Units Bedrooms Parking Required
Proposal Per Building
Commercial Retail 61733 NA NA 27
Mufti-Family Residential 2-
Bedroom NA 12 24 24
Multi-Family Residential 1 -
Bedroom NA 7 7 7
Total 6,733 19 31 58
Proposal for Entire Develo ment Four Buildin s
Total 26,932 76 124 232'
The development proposes 187 parking spaces, which is within the +/-30% allowed by ordinance.
The development is proposed to have two means of access with Shepard Lane extending east-
west through the development in a "Main Street" streetscape, linking Frontage Road to the west
with Steam Street to the east. Shepard Lane would incorporate parallel parking and widened
sidewalks, with the majority of parking located to the rear of the four structures. Additionally,
two greenspace areas in the center of the development would be utilized for as park/gathering
areas and stormwater detention. The development is intended to create a true mixed-use
development consisting where residential and commercial uses can co-exist using the same
building, parking areas, and surrounding amenities. The existing residential community to the
east of the site as well as the proposed residential uses on the site will help support the
commercial businesses planned in this development. 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 would be maintained by the developer. Zoning
criteria for the proposed zoning district is depicted in Table 3.
Street Improvements Proposed: Improvements to Frontage Drive along the project frontage of
14' from centerline including pavement, curb and gutter, and six-foot sidewalks.
Tree Preservation:
Existing Canopy: 21%
Preserved Canopy: 5%
Mitigation Required: 88 onsite trees
K.IRepwisl2005lPC RepwUI09-11-051R-PZD 05-1543 (Vantage Center)-DOC
Table 3
Vantage Center Zoning Criteria
Use Units Allowed
Use Unit No. Permitted Uses
1 C' -wide uses b right
2 City-wide uses by conditional use permit
3 Public protection and utility facilities
4 Cultural and recreational facilities
5 Government facilities
12 Offices, studios and related services
13 Eating laces
15 Neighborhood shopping oods
25 Professional offices
26 Multi-family dwellings
Use Unit No. Conditional Uses
16 Shopping Goods
17 Trades and services
Setback Regulations
Front (Along Frontage) 25'
Front (Along Shepard) U
Sides 8'
Rear 25'
Building Area
Maximum 16% OF 32,02 20%
Height Regulations
Maximum 42'
Recommendation: Staff recommends forwarding R-PZD 05-1543 with a reconunendation of
approval to the full Planning Commission with the following conditions:
Conditions of Approval:
1. Planning Commission determination of commercial design standards. Slafffinds that the
building elevations meet the City 's commercial design standards by minimizing or
avoiding: unarticulated wall surfaces, square "boxlike " structures, metal siding that
dominates the main facades, and large out of scale signs. Additionally, the development
provides a unifying and identifiable theme and is compatible with adjacent development.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
KAReporis120051PC Reports109-12-0518-PZD 05-1543 (Vantage Center).DOC
2. Planning Commission determination of a waiver request for the requirement of 40' from
an intersection to a curb cut, for the westernmost curb cut along Shepard Lane that is
approximately 35' from Frontage Road. Staff is in support of the request for the
proposed curb cut along Shepard Lane as the entrance fulfills the intent of providing an
enhanced "Main Street" streetscape, along with providing needed parking in the "rear"
to meet ordinance requirements.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
3. All zoning criteria such as setbacks, protective easements, and designated lot uses
(depicted in Table 3 and elsewhere described in this report) are binding with the approval
of the R-PZD. Submitted covenants and building elevations are likewise binding to the
project.
4. Submit a lighting plan in conformance with the City's lighting ordinance.
5. Street improvements to Frontage Road shall include 14 feet from centerline including
curb, gutter, pavement and 6 -foot sidewalks through the driveway entrance. The
sidewalks on Frontage Road shall connect with existing sidewalk to the north and south
of the driveway. Six-foot sidewalks shall be constructed through the project to connect
Steam Street with Frontage Road.
6. No fences shall be allowed within utility easements.
7. All monument signage must comply with the sign ordinance.
8. Include the 14 notes that coordinate with the Tree Protection Fencing detail. These can
be found in the Landscape Manual and should be located on the Tree Preservation sheet.
9. Mitigation will be required to replace 15,863 square feet of canopy. Using the mid -level
density factor, 55 2 -inch caliper trees or $13,750 will be required. If not all trees can be
located on -site then a combination of plantings and money in lieu may be approved by
the Urban Forester.
10. Before approval of building permit a tree and maintenance plan must be submitted for
approval to the Urban Forester.
11. All trash enclosures shall be screened from view with materials that are compatible with
and complementary to the proposed buildings.
12. All utilities shall be screened with materials complementary to the proposed buildings.
13. Please modify all sheets of the drawings for consistency regarding the number of parking
spaces: the cover sheet says 187 spaces, the landscape plan says 289 spaces, and the tree
preservation plan says 173 spaces.
14. Dimension the size and location of proposed sidewalks on the site plan and landscape
K. IReports120051PC Reportsl09-12-0518-PZD 05-1543 (Vantage Center).DOC
plan.
15. Add a note to the plat that all utilities shall be installed underground and that any existing
utilities over 12 kV shall be relocated underground.
16. All trash enclosures shall be screened from view with materials that are compatible with
and complementary to the proposed buildings.
Standard Conditions of Approval:
17. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
18. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private),
sidewalks, parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with the
City's current requirements.
19. Payment of parks fees in the amount of $29,868 shall be required prior to building
permit. Prior to R-PZD approval, this amount shall be considered and approved by the
Parks and Recreation Advisory Board and City Council to meet ordinance requirements
for over 100 residential units.
Additional Conditions:
Planning Commission Action:
Recommendation to be:
Meeting Date: September 12.2005
Comments:
Required YES
X Approved Denied
G14rk,M,rtsd 4 7 -O -O
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature
K: IReporu110051PC Repons109-12-051R-PZD 05-/543 (Vantage Center,.DOC
Date
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(11.8.7) Clarice Pearman - Ords. 5080-5082 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 11.28.07 5:31 PM
Subject: Ords. 5080-5082
Attachments: 5082 Amd R-PZD 05-1599 Zion Gardens.pdf; 5081 R-PZD 05-1543 extension.pdf;
5080 Amd R-PZD 05-1543 Vantage Center.pdf
CC: Audit
Jeremy:
Attached are the ordinances passed by City Council, November 20, 2007. Please let me know if there is anything else
needed for these items. Have a good day.
Thanks.
Clarice
Arkansas Democrat W(Sazette
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. 5081
Was inserted in the Regular Editions on:
November 30, 2007
Publication Charge: $63.30
Subscribed and sworn to before me
This3Qday of , 2007.
Notary Public
My Commission Expires: 41 LD14
**NOTE** Please do not pay from Affidavit.
Invoice will be sent. ,..
� IL
TI
RECEIVED
DEC Q32007 2007
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
Friday, November 30, 2007
ORDINANCE NO. ill
AN ORDINANCE TO WAIVE SECTION 1AND TOTayeVTNT VNIFIED DEVELOPMENT CODE AND TOEXTEND THE E%PIRATION DATE FOR R�ZD J51543 (VANTAGE CENTER) TO OCTOBER 4.2708.WNWAL after the Vantage Center R-PZD wasS
approved in 2005, the City Council amended the
Planned Zoning District ordinance in the Unified Development Code to allow a greater period of time
for large and/or complex projects to obtain building permits', and
WHEItt" the Vantage Center PZD is very similar to Me Southern View Phase II project that was
recently completed on Me writ side of Fayetteville, and Me applicant needed to wait and see now
Me market would read to a mixed -use product of this type in this area before substantial investments
were made to Rove forward, and
WHEflAS, the applicant desires to move forward with Me Vantage Center PZD project based on
the feasibility of the Southern View Phase II projects; and
WHEWSAS, the developer of Vantage Center has shown progress in recent months ri application
for construction and building permits which are expected to be issued within Me next year,
By Tilt CRY COUNCIL OF TN[ CITY
ion 1 That the City Council at the City of Fayetleville, Arkansas hereby waives Section 16
ration of Approved Plans and Permits of the U.D.C. and extends the expiration date of R-
543 (Vantage Center) passed on October 4, 2705, for the applicant to obtain all building
by October 4, 2008.
im NW APPPbDV D this 20M day of November 2107.
ROVED ATTEST
RECEIVED
DEC Q32007
2007
CITY CITYOF E
CLERKS OFFICE