HomeMy WebLinkAboutOrdinance 5094 ORDINANCE NO. 5094
AN ORDINANCE TO WAIVE SECTION 166.20 OF THE
UNIFIED DEVELOPMENT CODE AND TO EXTEND THE
EXPIRATION DATE FOR C-PZD 05-1610 (EAST SQUARE
DEVELOPMENT) TO DECEMBER 20, 2010.
WHEREAS, after the East Square Development C-PZD was approved by the
Fayetteville City Council on December 20, 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 East Square Development C-PZD is a very large and complex project
that involves half of a city block, including an 18-story, 200-room hotel, commercial and office
uses, residential dwelling units, a 350-space parking deck, conference space, major utility
relocation and ancillary adaptive reuse projects of historic structures on East Avenue; and
WHEREAS, the applicant has proceeded with and completed much of the renovation of
historic buildings along East Street, re-routed and installed new utility lines to serve the hotel
building, and obtained grading, drainage and foundation permits as initial phases of the
development plans; and
WHEREAS, the developer of East Square Development/Renaissance Hotel project
requests an extension of the expiration date to obtain all building permits for all structures
associated with the C-PZD project within the next three years; and
WHEREAS, the development of the old Mountain Inn property into a first-class hotel,
conference and mixed-use project in the core of the City is in the best interest of the citizens of
Fayetteville to contribute to and help sustain the vibrant and active downtown that Fayetteville
enjoys,
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 Unified Development Code and
grants an extension for C-PZD 05-1610 (East Square Development) with the condition that the
applicant shall obtain all building permits associated with the Planned Zoning District project by
December 20, 2010.
Page 2
Ord. 5094
•'.�Tyre.,,
PASSED and APPROVED this 18"' day of December, 2007. - 'A
_ :;l'CITEVILLE ;
APPROVED: ATTEST: ., hSP:J�;S
By: By:
DAN COODY, Mayor SC RA E. SMITH, City Clerk/Treasurer
DRQ
City of Fayetteville lyl ce Id
Staff Review Form Sing�
City Council Agenda Itemsor
C,QLDQ��6,a
Contracts cC
18-Dec-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2849: Approval of a waiver from the Unified Development Code Ch. 166.20 Expiration of Approved Plans and
Permits, to permit an extension for the East Square/Renaissance Planned Zoning District for a period of three years.
$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 Di ector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney
Received in City Clerk's Office
T(Q Q U, 11 - 30 -6?
Finance and Internal Service Director Date
Received in Mayor's Office FIITFRED
/ i 11 3o�d
Mayor Date
Comments:
City Council Meeting of December 18, 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 T
Date: November 29, 2007
Subject: ADM 07-2849 (East Square Development Planned Zoning District Extension)
RECOMMENDATION
Planning staff recommends approval of an extension of the timeframe in which the East
Square Development/Renaissance Hotel C-PZD must obtain all building permits
associated with the approved PZD, which requires a waiver from the Unified
Development Code, §166. 20 Expiration of Approved Plans and Permits. Approval of the
extension is to be conditioned upon all building permits associated with the PZD project
being obtained by the applicant prior to December 20, 2010 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 is zoned C-PZD 05- 1610, Commercial Planned Zoning District, and
consists of approximately 1 .01 acres located within the Original Town Plat on the block
between Center Street and Mountain Street, and fronting onto Hwy 71B (College
Avenue). On December 20, 2005, the City Council approved a C-PZD to establish
specific zoning criteria and large scale development approval for the subject property.
The new development includes an 18-story, 200-room hotel with condominiums,
retail/tenant space, conference rooms, a ballroom, and a restaurant and bar, as well as a 7-
1/2 story parking garage with 350 parking stalls. The dilapidated Mountain Inn, original
parking deck, and other deteriorated structures that were located on this property were
demolished and the property on which the hotel and parking structure will be constructed
has been cleared for development. Other development associated with the project
includes the renovation of several historic structures along East Avenue, which are being
remodeled for adaptive reuse, including retail/commercial space, office space and
residential dwellings.
Conditions placed on the development and zoning approval in December 2005 included a
one-year expiration of the project in accordance with Chapter 166.20 Expiration of
Approved Plans and Permits. The only permitted extension to this PZD was granted by
the Planning Commission for a one-year period, which is set to expire on December 20,
2007. Should the PZD expire, all permits will be null and void, and staff will be required
to begin the revocation process.
City Council Meeting of December 18, 2007
Agenda Item Number
DISCUSSION
At this time, the applicant has received and maintains an active grading and
footing/foundation permit for the hotel, and has proceeded with construction and
renovation of the historic structures along East Avenue in the past year by way of tenant
finish-out permits. In addition, the applicant has relocated several utility lines associated
with the hotel construction.
Staff is recommending the City Council grant the applicant an extension to the timeframe
in which the applicant must obtain all building permits associated with the East Square
PZD. As with several other projects for which the City Council has recently granted
extensions, this project was approved in 2005, before a more reasonable phasing schedule
for such a large and complex project could legally be proposed for consideration. 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. Since that time, this ordinance has
been changed, and almost all larger or more complex projects have proposed a
development phasing schedule that is more accurately based on the market, construction
costs, and staging of construction.
Planning staff and Building Safety staff have participated in several meetings with the
applicants and their independent contractors over the past year, working on a phased
permitting process, due to the complexity of the review process for this project. Staff
agrees with the applicant and their contractors in that it is important to phase the building
permits, especially for the 18-story structure, to allow for a thorough review of all
systems required for such a building. Staff supports the applicant's request for an
extension 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 developer is actively pursuing the development of this project, as evidenced
in a recent presentation to the Council, which was the intent of the ordinance adoption.
The extension request is for a period of three years for all building permits to be obtained,
to expire on December 20, 2010. Building permits would be able to be pulled for the
buildings that can be permitted immediately, or at any time within the three years.
However, the applicant shall be allowed until December 20, 2010 to receive all necessary
building permits for the Planned Zoning District as approved by the Planning
Commission and City Council. If the permits have not been issued by this time, the PZD
approval shall be revoked. All other conditions of approval for the project shall remain
applicable.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE TO WAIVE SECTION 166.20
OF THE UNIFIED DEVELOPMENT CODE AND
TO EXTEND THE EXPIRATION DATE FOR C-
PZD 05- 1610 (EAST SQUARE DEVELOPMENT)
TO DECEMBER 20, 2010.
WHEREAS, after the East Square Development, C-PZl}eas approved by the
Fayetteville City Council on December 20, 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 permitsx*td
WHEREAS, the East Square Development CSD is a very large and complex project
that involves half of a city block, including an 18-story, 209.-room hotel, commercial and office
uses, residential dwelling units, a 350-space parking decd conference space, major utility
relocation and ancillary adaptive reuse pro, , of historic structures on East Avenue; and
WHEREAS, the applicant has proceeded willed completed much of the renovation of
historic buildings along East Street, re-routed _and=liista S w utility lines to serve the hotel
building, and obtained grsdhg1, drainage anile foundation permits as initial phases of the
development plans; and
WHEREAS, the- velo _uf East Squ* Development/Renaissance Hotel project
requests an extegsion of thea-�spiratlon 0 :. obtain all building permits for all structures
associated wit}c�ie=#w-PZD proj8l within the ttekt three years; and
EREAS, the t velop -_ bf the old Mountain Inn property into a first-class hotel,
conference, and mixed-usepr(�ject in the core of the City is in the best interest of the citizens of
Fayetteville tlt,;eontribute to 1 help sustain the vibrant and active downtown that Fayetteville
enjoys,
NOW, TH]91F&F*RE, 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 Unified Development Code and
grants an extension for C-PZD 05-1610 (East Square Development) with the condition that the
applicant shall obtain all building permits associated with the Planned Zoning District project by
December 20, 2010.
PASSED and APPROVED this—day of J 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMrMCity Clerk
-x
3.-
ii:
RECEIVED
NOV 2 8 2001
November 28, 2007 PLANNING DIV. ! 7 7 7 8 F o
ROBERT SHARP. wlCXirlCT, .c.
525 SOUTH SCHOOL AVE s7Em
Jeremy Pate, Director of Current Planning FAYETTEVILLE A!
City of Fayetteville PHONE: 171d/UES3�
113 West Mountain Street FAX: 477.141.!711
Fayetteville Arkansas 72701
Via Hand Delivery
RE: PZD APPROVAL EXTENSION
EAST SQUARE PROJECT
Dear Jeremy,
The East Square redevelopment project PZD 05- 1610 was approved by the city Council on
December 20, 2005 as a Planned Zoning District. At that time my client expected to have all
permits in place and to begin construction on all phases within one year. Due to additional time
needed for Marriott review, value engineering, and to develop final budgets and corresponding
financing requirements, we are requesting more time to complete the design and planning work
necessary for such a large and complex project.
As you know, significant progress has been made at this site: we have already sought and
received a foundation permit for the hotel/condo tower, excavated the area of the hotel basement,
underpinned the adjacent historic building, completed utility relocations, and renovated the
historic buildings on this block. Construction documents for the hotel/condo tower are
substantially complete, and final parking structure design is underway.
At the time of approval of this PZD, Fayetteville's ordinances only allowed a one year window in
which to complete permitting and approval of the project, with a single one year extension. The
current PZD law is more flexible and allows a longer time in which to design and seek permitting
for the project. We ask that you extend our PZD approval to allow us an additional period of
time in which to work out all the interrelated details of this complex undertaking. Specifically,
we ask that PZD approval be extended to allow us to submit for building permits for an
additional three year period. This additional three years would give my client the flexibility to
design and construct the parking structure, hotel/condo tower, and renovations of the historic
buildings along Center Street in a deliberate manner that is most advantageous in terms of
phasing, construction staging areas, and cost control.
East Square
page 1 Project Number 00001
In summary, my client has expended significant time and resources towards the completion of
this project. Our goals remain the same as the concept presented to the City Council, Planning
Commission, city staff, and elected officials. Extending PZD approval for an additional three
years is an opportunity for the City of Fayetteville to demonstrate its continued faith in this very
important investment in the future of Fayetteville's downtown.
For the above reasons, I ask for your support, and the support of the City Council, in amending
PZD 05- 1610. 1 strongly feel that the benefits that this project represents to the City of
Fayetteville are enormous.
Sincerely,
Robert Sharp, Architect
cc: Richard Alexander
John Nock
File
East Square
page 2 Project Number 00001
ORDINANCE NO. 4804
AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED
ZONING DISTRICT TITLED C-PZD 05-1610, EAST SQUARE
DEVELOPMENT, LOCATED AT THE NORTHWEST CORNER OF
MOUNTAIN STREET AND COLLEGE AVENUE, CONTAINING
APPROXIMATELY 1 .01 ACRES; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF FAYETTEVILLE; WAIVING
ANY POSSIBLY CONFLICTING DEVELOPMENT ORDINANCES;
AND ADOPTING THE ASSOCIATED PLANNED ZONING
DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That the zone classification ofthe following described property is hereby changed
as follows:
From C-4, Downtown Commercial, to C-PZD 05-1610 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 development
standards as shown on the Planned Zoning District's plans, all conditions of approval determined
appropriate and approved by the Planning Commission on November 14, 2005, and the City
Council.
Section 3: That the City Council hereby expressly waives any development ordinances that
might be in conflict with C-PZD 05-1610 including but not limited to § 166. 12 Structures not allowed
over public utility easements and § 166. 18 Master Street Plan Setbacks, and approves the
development proposal as presented herein.
Section 4: That this ordinance shall take effect and be in full force at such time as all of the
requirements of the development plan have been met
Section 5: 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 20m day of December, 2005. .
APPRO D:
By:
DAN COODY, Mayor
r "�puuOnrgp
By: 14
SONDRA SMITH, City Clerk
: FAYEITEVILLE ; _
:9y9,pkANSPyJ ,
��''��;�GTON �G�o��•
eevl le PC Meeting of November 14, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephme: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November 9, 2005 Updated December 21, 2005
C-PZD 05-1610: Planned Zoning District (EAST SQUARE DEVELOPMENT, 523):
Submitted by BOB KOHLER for property located at NW CORNER MOUNTAIN ST. AND
COLLEGE AVE. The property is zoned C-4, DOWNTOWN COMMERCIAL and contains
approximately 1 .01 acres. The request is to approve a 16 story Commercial Planned Zoning
District with a hotel, residential condominiums, meeting space, commercial space and a parking
garage.
Property Owners: ONE EAST CENTER LLC Planner: SUZANNE MORGAN
Findings:
Property Description: The property consists of a total of approximately 1 .01 acres located
within the Original Town Plat on the block between Center Street and Mountain Street, with
additional frontage onto Hwy 71 B (College Avenue). The Mountain Inn, parking deck, and
other deteriorated structures on this property have been demolished and the property sits
primarily vacant. The property is currently zoned C-4, Downtown.
Proposal: The applicant requests approval of a C-PZD to establish specific zoning criteria and
large scale development approval. Development of a 16-story structure that will incorporate a
hotel with 147 rooms, condominiums, retail/tenant space, conference rooms, a ballroom, and a
restaurant and bar. A 7- 1 /2 story parking garage with 350 parking stalls is proposed. There are
several waivers from the Unified Development Code requirements requested for this project to
be approved.
Surrounding Land Use/Zoning:
Direction Land Use Zoning
North Restaurants, Retail, Office C-4, Downtown
South Government/Federal Buildings C-4, Downtown
East Court House, Government Buildings C-3, Central Commercial
West Offices, Bank, Bank of Am. Condos C-4, Downtown
(proposed)
K:WeporuU00APC ReportsU I-14-05iC-PLD05-1610 (En iSquare Derelopneni).do
Process: The property on which this large scale development has been submitted consists of all
and parts of several tracts of property. Several of the existing structures along Center Street will
not be disturbed with the proposed development. The applicant requests approval for the
establishment of zoning regulations on the entire tract of property and the development, proposed
to be done in phases. They are as follows:
Phase I — 16-story Hotel Tower, 3-story building containing the ballroom, two
structures on Center Street
Phase II — Retail/Tenant space and parking garage on Mountain Street
Permits for both Phases to be issued within one year of R-PZD approval.
The following bulk and area regulations are proposed by the applicant:
C-PZD 05-1610 East Square Development
(A) Proposed Uses.
Use Unit # Type of Use
Unit l 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 14 Hotel, motel and amusement facilities
Unit 15 Neighborhood shopping
Unit 16 Shopping goods
Unit 17 Trades and services
Unit 19 Commercial recreation, small sites
Unit 24 Home occupations
Unit 25 Professional offices
Unit 26 Mufti-family dwellings
Unit 29 1 Dance halls
(B) Density. Density = None (25 units are proposed in the development, however, the
applicant requests to reserve the right to increase the number of residential units.)
(C) Bulk and area regulations. None.
(E) Setback requirements. Front: 0' ; Side: 0'; Rear: 0'
(F) Height. Hotel Tower: 16 stories maximum
(stories 11 to 16 are proposed for condominium units)
Hotel w/ Ballroom: 3 stories
Parking Garage: 7- 1 /2 stories
RetaiVrenant l story
2 Bldg.s on Center St: 3 stories and a basement
K. IRgp UI20051PC Repo sll 1-14-OJ C-PZD 05-1610 ffi {l Sgmrc Devdapm m) doc