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HomeMy WebLinkAboutOrdinance 5117 Doc ID : 012148610007 Tvoe : REL Recorded : 03/27/2008 at 01 : 11 : 45 PM " Fee Amt : $45 . 00 Pape 1 of 7 Mashinoton Countv . AR Bette Stamps Circuit Clerk File2008-00009967 i; u ORDINANCE NO, 5117 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 07-2858 (FARMER' S MARKET), LOCATED ON THE SOUTH SIDE OF HWY 62, BETWEEN EAST AND WEST FARMERS DRIVE, CONTAINING APPROXIMATELY 1 . 10 ACRES ; 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 R-A, Residential Agricultural to C-PZD 07-2858 as shown in Exhibit "A" and depicted in Exhibit "B" 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, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. 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%%11 F,,,,, amended to reflect the zoning change provided in Section 1 above. ��i+\`�RYa 0 0 aXly PASSED and APPROVED this 4th day of March, 2008. _C) a c ; FAYETTEVILLE ; APPROVE ATTEST: Osage:mss°9RKANSP019 �J�.� By: i By: i " uuiuGT u+,++" DA GOODY, Mayor SONDTIA E. SMITH, City Clerk/Treasurer i , pe} y V I(.y t 1•y COPi+'{ i f3 l 1 s 'Y Q A i y,yi u , 8 �� � 1� s� 2 i r�'. � �+� v���''i_ '4�Xy3`T��s�y�d ��� � �b`�. •r � � r EXHIBIT "B" C-PZD 07-2858 A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEI /4) AND A PART OF THE NORTHWEST QUARTER (NWl/4) OF THE. NORTHEAST QUARTER (NEIA), ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (1/4) OF SAID SECTION NINETEEN ( 19), SAID POINT BEING AN EXISTING ARKANSAS LAND SURVEY MONUMENT; THENCE SOI °20'00"W 1642.77 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1 /4)TO A POINT; THENCE S88°41 '32"E 1035. 19 FEET TO A SET 1 /2" IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF WEST FARMER DRIVE FOR THE TRUE POINT OF BEGINNING; THENCE N05'02' 1 I "W 227. 19 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY #62; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HIGHWAY 462, THE FOLLOWING BEARINGS AND DISTANCES: N69024'47"E 95.42 FEET TO A SET 1/2" IRON REBAR; N80049' 10"E 25.50 FEET TO A SET 1/2" IRON REBAR; N58011 '39"E 25.50 FEET TO A SET 1/2" IRON REBAR; N69030'39"E 160.66 FEET TO AN EXISTING IRON REBAR; N83033'24"E 13 .33 FEET TO A CHISELED "X" IN A CONCRETE SIDEWALK AT THE WEST RIGHT-OF-WAY LINE OF EAST FARMER DRIVE; THENCE S02°46'22"E 119.92 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID EAST FARMER DRIVE TO A POINT IN THE CENTER OF A DITCH AND FROM WHICH AN EXISTING REFERENCE BEARS S02046'22"E 4.50 FEET; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID EAST FARMER DRIVE, S70006'28"W 255.45 FEET ALONG THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN LAND DOCUMENT 95-47316 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, TO A SET 1/2" IRON REBAR; THENCE S06°07'32"E 70.00 FEET TO AN EXISTING ANGLE IRON; THENCE S05°03'44"E 60. 19 FEET TO AN EXISTING IRON REBAR; THENCE SO4°54'26"E 79.58 FEET TO AN EXISTING IRON REBAR; THENCE N890171 8"W 58.04 FEET TO AN EXISTING IRON REBAR; THENCE N05°05'53 "W 80.03 FEET TO THE POINT OF BEGINNING, CONTAINING 1 . 10 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1 . 10 ACRE TRACK BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY WHETHER OR NOT OF RECORD. CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 1 of 4 The Planning Commission and Staff recommend the following conditions of approval associated with C-PZD 07-2858 (Farmer's Market). Conditions of Approval: 1 . Planning Commission determination of street improvements. Staff recommends the following street improvements: a. Replace the existing sidewalk along 6`s Street with anew 5 ' sidewalk constructed at the Master Street Plan right-of-way. The new sidewalk shall be extended west of W. Farmers Drive to connect to the existing sidewalk. A final determination of construction grades of this sidewalk connection shall be made by the City Engineer at the time of construction. b. W. Farmers Dr. shall be improved with pavement, curb and gutter, storm drainage and a 5' sidewalk at the right-of-way line with a minimum pavement width of 20' along the entire property frontage. Improvements to W. Farmers Dr. shall extend to the south property line of the 1 . 10 acre tract. The applicant shall install an asphalt overlay over the existing pavement utilized to meet the 20' width. c. Replace the existing sidewalk along E. Farmers Dr. with a new 5' sidewalk constructed at the Master Street Plan right-of-way. 2. Planning Commission determination of a variance from the minimum street standards for W. Farmers Drive to allow for a 4' greenspace between the back of curb and the sidewalk where 6' is required. Staff recommends in favor of the requested waiver, finding that the lack of right-of-way and existing ditch on the west side of the street creates a significant hardship for the applicant, and the street improvements necessary to serve the subject development will be provided in a safe and adequate manner. 3 . Planning Commission determination of compliance with Commercial Design Standards. Staffrecommends approval ofthe proposed elevations, finding that the elevations submitted meet the criteria set forth for commercial design standards. 4. Planning Commission determination of a variance from the required 15' landscape requirement adjacent to 60' Street. Staff finds in favor of the waiver request due to the many limitations associated with development of this property, which include f oodway, floodplain and the overall depth of the property. Additionally, the waiver only applies to short section adjacent to the east parking area, where a back-out lane is located. 5 . Planning Commission determination of Tree Preservation Area. CONDITION #5 WAS REWRITTEN AS FOLLOWS: Due to the intensity ofdevelopment on the PZD site, much of the canopy proposed for preservation may be greatly impacted, based on the location of utility easements, drainage improvements and the proposed driveway. Because the canopy reduction is relatively great and adequate land does not exist on-site for replanting, staffs recommendation is to allow off-site preservation for this development. As depicted on the tree preservation plan, all canopy located on the south part of the southern tract shall be CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 2 of 4 placed within a tree preservation area. This includes trees 29-49, which are located within the subject property. All other trees on the north part ofthis tract shall be protected during construction, and will be evaluated for preservation or removal at the time ofdevelopment of the subject property. As agreed to by the applicant, 100% of the canopy on the remainder of the southern tract, not located within the tree preservation area, shall be mitigated back on the property, if it is approved to be removed. 6. The applicant shall dedicate right-of-way in the amount of 48.5 ' from centerline for 6'" Street by warranty deed, 21 .5 ' from centerline for W. Farmers Drive and 25 ' from centerline for E. Farmers Drive, prior to issuance of a building permit. 7. Any portion of the public sidewalk located outside of the public right-of-way shall be located within a pedestrian access easement, which shall be dedicated by easement plat. 8. The applicant shall install a "no left turn" or other deterring signage at the south end of the southern drive to encourage drivers to exit north to 6`" Street, rather than exiting south down W. Farmers Drive. Said sign shall be installed prior to a Certificate of Occupancy. 9. The applicant shall provide a screen or vegetative buffer along the full length of the south property line and on the east side of the southern parking lot, as the adjacent land use is residential. As noted on the landscape plan, white pines with a minimum height of 8' at the time of planting shall be utilized, unless otherwise recommended by the Urban Forester. 10. The applicant shall coordinate with the Corps of Engineers to determine if a 404 permit is required, prior to any land disturbance on the property. 11 . Work within the floodway shall require a "no rise certification" and a Floodplain Development Permit. 12. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. as outlined in the PZD submittal. Signs are not allowed to be placed in utility easements. PZD approval does not guarantee sign permit approval. All signs shall be permitted by a separate sign permit application prior to installation. 13. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. Tree preservation and landscape plan conditions: 14. All off-site preserved tree canopy proposed to meet mitigation requirements must be placed within a Tree Preservation Area. This Tree Preservation Area will need to be delineated on CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 3 of 4 the easement plat and filed of record before a building permit is issued. Canopy not located within the Tree Preservation Area shall be protected during construction. 15. Any utilities visible from the-right of way must be screened. Take this into consideration during the planning process. At time of the final inspection, additional plantings may be required. 16. Before approval of construction documents, the Landscape Plan must be stamped by a licensed Landscape Architect within the state of Arkansas. Standard Conditions of Approval: 17. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 18. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. Architectural elevations for these structures shall be submitted for review prior to issuance of a building permit. 19. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning staff prior to building permit. 20. 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). 21 . Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar digital format. 22. 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. 23. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 24. PZD/Large Scale development shall be valid for one calendar year. All building permits must be obtained within one year from the date of final approval, with a one year extension CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 4 of 4 option available, subject to approval of the Planning Commission. 25 . Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate casement plat for this project that shall include the tree preservation area and all utility casements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Washington County, AR I certify this instrument was filed on 03/27/2008 01 :11:45 PM and recorded in Real Estate File Number 2008-0000 7 Bette Stamps - Circ it e by City of Fayetteville Staff Review Form City Council Agenda Items or Contracts � {?1Q�s i ULf Gni( 4-Mar-08 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required:- C-PZD 07-2858: Farmer's Market, 558: Submitted by Steve Clark for property located on the south side of 6th Street, between East and West Farmers Drive containing approximately 1 . 10 acres. The request is for re-zoning, land use, and large scale development approval for a Commercial Planned Zoning District with a 5,000 s.f commercial building and associated parking. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a i n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department irec or Original Contract Date: n/a Original Contract Number: n/a City Attorney Received in City Clerk's Office 2 14 . 08 Finance an nternal Service Director Date Received in Mayor's Office EN Mayo( Date Comments: ' 1 City Council Tv. :eting of March 04, 2008 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: February 14, 2008 Subject: Residential Planned Zoning District for Farmer's Market (C-PZD 07-2858) RECOMMENDATION Planning Staff recommends approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for a project called Farmer' s Market, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a single-use project on approximately 1 . 10 acres located south of 6's Street, between East and West Farmers Drive. The proposal is for a 5,000 sq. ft. commercial building with associated parking. BACKGROUND The subject property contains 1 .10 acres located south of 6 ° Street between :East. and ;West Farmers Drives and is zoned R-A, Residential Agricultural. The property is: currently undeveloped and located entirely within the 100-year floodplain or floodway;. .The. applicant applied to rezone the property to C-2, Thoroughfare Commercial in February 2007. Staff recommended denial of the rezoning request due to concerns with rezoning the property to allow increased development intensity, without an evaluation of how a development would address environmental concerns regarding floodway and floodplain on the property. In response to staffs concerns, the applicant has proposed a C-PZD to allow simultaneous review of the zoning and development proposal. DISCUSSION On February 11 , 2008 the Planning Commission voted 8-0-0 in favor of forwarding this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 07-2858 (FARMER'S MARKET), LOCATED ON THE SOUTH SIDE OF HWY 625 BETWEEN EAST AND WEST FARMERS DRIVE, CONTAINING APPROXIMATELY 1 . 10 ACRES; 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 Tr That the zone classification of the following described property is hereby changed as follows: From R-A, Residential Agricultural to C-PZD 07-2858 as shown in Exhibit "A" and depicted in Exhibit `B" 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, statement of commitments and the conditions of approval as submitted, determined appropriate and approved by the City Council; fiirther, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. 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 I above. PASSED and APPROVED this day of 2008 . APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "Ayl C=PZD 07=2858 CPZD07-285 FARMER ' S MARKET/ 6TH ST . Close Up View SUBJECTPROPERTY �r >w TM 1 3 g rl mF q'v. "dg,"I, —mss r r �aSy, ti yfv- -L�yo� > R TIT 3tI'l 2 IN fd''K' SF{y9} F IT- 1 � OV@/VIeW C: C' 37"5 75 150 225 300 Fee[ EXHIBIT "B" C-PZD 07-2858 A PART OF THE SOUTHWEST QUARTER (SWI/4) OF THE NORTHEAST QUARTER (NEI/4) AND A PART OF THE NORTHWEST QUARTER (NWI/4) /4) OF THE NORTHEAST QUARTER (NEI/4), ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (1/4) OF SAID SECTION NINETEEN (19), SAID POINT BEING AN EXISTING ARKANSAS LAND SURVEY MONUMENT; THENCE S01 °20'00"W 1642.77 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NEl/4)TO A POINT; THENCE S88°41'32"E 1035.19 FEET TO A SET 1/2" IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF WEST FARMER DRIVE FOR THE TRUE POINT OF BEGINNING; THENCE N05°02'I I"W 227.19 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY #62; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HIGHWAY #62, THE FOLLOWING BEARINGS AND DISTANCES: N69°24'47"E 95.42 FEET TO A SET 1/2" IRON REBAR; N80°49'10"E 25.50 FEET TO A SET 1/2" IRON REBAR; N58°11'39"E 25.50 FEET TO A SET 1/2" IRON REBAR; N69°30'39"E 160.66 FEET TO AN EXISTING IRON REBAR; N83°33'24"E 13.33 FEET TO A CHISELED "X" IN A CONCRETE SIDEWALK AT THE WEST RIGHT-OF-WAY LINE OF EAST FARMER DRIVE; THENCE S02°46'22"E 119.92 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID EAST FARMER DRIVE TO A POINT IN THE CENTER OF A DITCH AND FROM WHICH AN EXISTING REFERENCE BEARS S02°4622"E 4.50 FEET; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID EAST FARMER DRIVE, S70°06'28"W 255.45 FEET ALONG THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN LAND DOCUMENT 95-47316 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, TO A SET 1/2" IRON REBAR; THENCE S06°07'32"E 70.00 FEET TO AN EXISTING ANGLE IRON; THENCE S05°03'44"E 60.19 FEET TO AN EXISTING IRON REBAR; THENCE S04°54'26"E 79.58 FEET TO AN EXISTING IRON REBAR; THENCE N89°I 7'18"W 58.04 FEET TO AN EXISTING IRON REBAR; THENCE N05°05'53"W 80.03 FEET TO THE POINT OF BEGINNING, CONTAINING 1.10 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1.10 ACRE TRACK BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS -OF -WAY WHETHER OR NOT OF RECORD. CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 1 of 4 The Planning Commission and Staff recommend the following conditions of approval associated with C-PZD 07-2858 (Farmer's Market). Conditions of Approval: Planning Commission determination of street improvements. Staff recommends the following street improvements: a. Replace the existing sidewalk along 6th Street with a new 5' sidewalk constructed at the Master Street Plan right-of-way. The new sidewalk shall be extended west of W. Farmers Drive to connect to the existing sidewalk. A final determinationof construction grades of this sidewalk connection shall be made by the City Engineer at the time of construction. b. W. Farmers Dr. shall be improved with pavement, curb and gutter, storm drainage and a 5' sidewalk at the right-of-way line with a minimum pavement width of 20' along the entire property frontage. Improvements to W. Farmers Dr. shall extend,to. _ .:: the south property line of the 1.10 acre tract. The applicant shall install an: asphalt overlay over the existing pavement utilized to meet the 20' width. ii:.: c>. c. Replace the existing sidewalk along E. Farmers Dr. with a new 5' sidewalk :..c c constructed at the Master Street Plan right-of-way. o r.;:, :.:. • ...:,! 2. Planning Commission determination of a variance from the minimum street standards for Farmers Drive to allow for a 4' greenspace between the back of curb and the.sidewalk:where 6' is required. Staff recommends in favor of the requested waiver, finding that:the.lack right-of-way and existing ditch on the west side of the street creates a significant hardship. for the applicant, and the street improvements necessary to serve the subject development:. will be provided in a safe and adequate manner. 3. Planning Commission determination of compliance with Commercial Design Standards. Staffrecommends approval of the proposed elevations, finding that the elevations submitted meet the criteria set forth for commercial design standards. • 4. Planning Commission determination of a variance from the required 15' landscape requirement adjacent to 6th Street. Stafffinds in favor of the waiver request due to the many limitations associated with development of this property, which include f oodway, foodplain and the overall depth of the property. Additionally, the waiver only applies to short section adjacent to the east parking area, where a back -out lane is located. 5. Planning Commission determination of Tree Preservation Area. CONDITION #5 WAS REWRITTEN AS FOLLOWS: Due to the intensity ofdevelopment on the PZD site, much of the canopy proposed for preservation may be greatly impacted, based on the location of utility easements, drainage improvements and the proposed driveway. Because the canopy reduction is relatively great and adequate land does not exist on -site for replanting, staffs recommendation is to allow off -site preservation for this development. As depicted on the tree preservation plan, all canopy located on the south part of the southern tract shall be CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 2 of 4 placed within a tree preservation area. This includes trees 29-49, which are located within the subject property. All other trees on the north part of this tract shall be protected during construction, and will be evaluated for preservation or removal at the time ofdevelopment of the subject property. As agreed to by the applicant, 100% of the canopy on the remainder of the southern tract, not located within the tree preservation area, shall be mitigated back on the property, if it is approved to be removed. 6. The applicant shall dedicate right-of-way in the amount of 48.5' from centerline for 6th Street by war anty.deed, 21.5' from centerline for W. Farmers Drive and 25' from centerline for E... Farmers Drive, prior to issuance of a building permit. • 7. •Any portion of the public sidewalk located outside of the public right-of-way shall be located within a pedestrian access easement, which shall be dedicated by easement plat. 8. The applicant shall install a "no left turn" or other deterring signage at the south end of the,. southern drive to encourage drivers to exit north to 6th Street, rather than exiting south down: .W. Farmers Drive. Said sign shall be installed prior to a Certificate of Occupancy.:z, i 3., 9.:: The.:applicant shall, provide a screen or vegetative buffer along the full. length ofahe:sont ! . , :., property line and on the east side of the southern parking lot, as the adjacentdanduse:is, ...:,residential.. As. noted on the landscape plan, white pines with a minimum.heightof 81 at -the:•, time of planting shall be utilized, unless otherwise recommended by.the Urban Foresternn c. . , . ' , , . 10. The applicant shall coordinate with the Corps of Engineers to determine if a'404 permit.is required, prior to any land disturbance on the property. 11. Work within the floodway shall require a "no rise certification" and a Floodplain Development Permit. 12. All freestanding and wall.signs shall comply with ordinance specifications for location, size, type, number, etc. as outlined in the PZD submittal. Signs are not allowed to be placed in utility easements. PZD approval does not guarantee sign permit approval. All signs shall be permitted by a separate sign permit application prior to installation. 13. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. Tree preservation and landscape plan conditions: 14. All off -site preserved tree canopy proposed to meet mitigation requirements must be placed within a Tree Preservation Area. This Tree Preservation Area will need to be delineated on CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 3 of 4 the easement plat and filed of record before a building permit is issued. Canopy not located within the Tree Preservation Area shall be protected during construction. 15. Any utilities visible from the right of way must be screened. Take this into consideration during the planning process. At time of the final inspection, additional plantings may be required. 16. Before approval of construction documents, the Landscape Plan must be stamped by a licensed Landscape Architect within the state of Arkansas. Standard Conditions of Approval: • 17. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting.. building. iSmaller. ground -mounted equipment may be screened with tall grasses or:Shiubs. A note :shallbe'added to all construction documents indicating as such. h:.!'x; 18. Trash• 4enc'losures. shall be screened on three sides with: materials.compatible 4ithL the . . surrounding structures, with access not visible from the street -Architectura;elevations for. thesestructures shall be submitted for review prior to issuance ofa-building:.permit:<;. 19. All exterior lighting is required to comply with the City's lighting ordinance:, A -lighting plan .and cut -sheets of the proposed exterior light fixtures shall be required to be approved by .Planning staff prior to building permit. 20. 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). 21. Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar digital format. 22. 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. 23. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 24. PZD/Large Scale development shall be valid for one calendar year. All building permits must be obtained within one year from the date of final approval, with a one year extension CONDITIONS OF APPROVAL: C-PZD 07-2858 Page 4 of 4 option available, subject to approval of the Planning Commission. 25. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Meeting February 11, 2008 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: FebruaryFcbruary 5 2, 0O8 Updated February 14, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 C-PZD 07-2858: Planned Zoning District (FARMER'S MARKET/6T11 STREET, 558): Submitted by STEVE CLARK for property located at S SIDE OF 6TH STREET, BETWEEN E AND W FARMERS DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 1.10 acres. The request is for rezoning, land use and large scale development approval for a C-PZD with a 5,000 s.f commercial building with associated parking. Planner: Jesse Fulcher Findings: Background: The subject development was reviewed by the Subdivision Committee on January 17, 2008 and was tabled to allow the applicant time to make corrections to the plat and booklet, and to work with the Urban Forester to provide additional tree preservation area south of the parking lot along W. Farmers Drive. The applicant addressed the majority of comments, including some revisions to the tree preservation plan and therefore the project was forwarded by the Subdivision Committee on January 31, 2007. Property Description and Background: The subject property contains 1.10 acres located south of 6th Street between East and West Farmers Drives and is zoned R -A, Residential Agricultural. The property is currently undeveloped and located entirely within the 100 -year floodplain or floodway. The applicant applied to rezone the property to C-2, Thoroughfare Commercial in February 2007. Staff recommended denial of the rezoning request due to concerns with rezoning the property to allow increased development intensity, without an evaluation of how a development would address environmental concerns regarding floodway and floodplain on the property. Proposal: The applicant requests rezoning, land use, and large scale development approval for a commercial development within a C-PZD zoning district on the subject property. The proposed zoning would allow for a maximum intensity of 5,000 sq. ft. of commercial space. The project booklet and the plats provided the zoning criteria in detail. These documents are binding to the zoning of the property. K:IReporisl20081PCReportsI03-Febnway I IIR-PZD 07-2858 (Farmers MarkeQ.doc Surrounding Land Use/Zonine: Direction Land Use Zoning North ROW/Commercial C-2, Thoroughfare Commercial South Floodway/Residential R -A, Residential Agricultural East ROW/Residential/Commercial C-2, Thoroughfare Commercial/ R -A, Residential Agricultural West ROW/Commercial (WalMart) R -A, Residential Agricultural, C-2 Phasing: The applicant proposes to develop the project in one phase in accordance with the standard timeframe requirements of the Unified Development Code, which allows one year from the date of approval to obtain all building permits with a one year extension request available with Planning Commission approval. Water & Sewer: Water and sewer service are available to the site. Access: Access to the proposed development will be from East and West Farmers Drive. Direct access to 6111 Street is not proposed. Adjacent Master Street Plan Streets: E. Farmers Drive (Local Street), W. Farmers Drive (Residential Street) and 61h Street (Principal Arterial) Right-of-way dedication: Right-of-way in the amount of 48.5' from centerline for 6th Street by warranty deed, 21.5' from centerline for W. Farmers Drive and 25' from centerline for E. Farmers Drive. *Street Improvements: Staff is recommending that a new 5' sidewalk be constructed along 6°i Street at the Master Street Plan right-of-way. 61h Street is a 5 -lane section at this property, with curb and gutter constructed. The applicant is to tie in the new sidewalk with the sidewalk located west of W. Farmers Drive, with access ramps. The sidewalk connection shall be coordinated with the Engineering Department at the time of construction to ensure compliance with ADA requirements. W. Farmers Dr. shall be improved'with pavement, curb and gutter, storm drainage and a 5' sidewalk at the right-of-way line with a minimum pavement width of 20' along the entire property frontage. Improvements to W. Farmers Dr. shall extend to the south property line of the 1.10 acre tract. E. Farmers Dr. is an improved 25' street section with an existing sidewalk located at the back of curb. The existing sidewalk shall be removed and a new 5' sidewalk constructed at the right-of-way line. *The applicant has stated that the street improvements to W. Farmers Drive can not be constructed as originally recommended due to the location of an existing ditch and lack of existing right-of-way along the west side of the street. As a result, the applicant is proposing to offset the improvements to the east side of the road to provide all recommended improvements. However, shifting the improvements requires a reduction in the greenspace between the curb and sidewalk from 6' to 4'. A variance has been requested by the applicant and is noted as a conditional of approval. Additionally, approximately I' of the public sidewalk will be located outside of the public right-of-way and shall be included in a pedestrian access easement and dedicated by easement plat. K:IReportsl2008IPC Reports103.rebmary I IIR-PZD 07-2858 (Farmers A4arket).doc 2 Floodplain/Floodway: The entire site is located within the 100 -year floodplain, and portions of the site are located within the floodway as identified by FEMA. Limited construction is permitted within the designated floodway. The Engineering Division has conducted a detailed review of the large scale development plans and included conditions of approval as needed. *Tree Preservation: Existing Canopy: 20.60% Preserved Canopy: 9.71% Required Canopy: 20.60% - Off -site preservation proposed. *The Urban Forester recommended denial of the Tree Preservation and Protection Plan that was reviewed at the January 17, 2008 Subdivision. Committee, as the applicant was proposing to reduce the existing tree canopy from 37.20% to 20.30%, which is below the 25% required by ordinance. Since the initial review, a 0.40 acre section of property, which is located south of the southern parking lot, has been removed from the PZD request. It is staffs' understanding that the property owner never intended to include this separate parcel in the PZD request. As a result of removing the 0.40 acre tract, the existing canopy on the site has been reduced to 20.60% with the applicant preserving 9.16%. Mitigation is still required; however, the applicant is proposing to utilize an option within Chapter 167 for off -site tree preservation. Tree canopy is proposed to be permanently protected within a Tree Preservation Area on the small 0.40 acre site directly south of the parking lot, along West Farmers Drive. In addition, -100% of the remaining tree canopy on the off -site southern tract will be evaluated with future development, and if approved for removal, will be mitigated back on the site. Recommendation: Staff recommends forwarding C-PZD 07-2858 to the City Council with a recommendation for approval with the following conditions: Conditions of Approval: Planning Commission determination of street improvements. Staff recommends the following street improvements: a. Replace the existing sidewalk along 6`h Street with a new 5' sidewalk constructed at the Master Street Plan right-of-way. The new sidewalk shall be extended west of W. Farmers Drive to connect to the existing sidewalk. A final determination of construction grades of this sidewalk. connection shall be made by the City Engineer at the time of construction. b. W. Farmers Dr. shall be improved with pavement, curb and gutter, storm drainage and a 5' sidewalk at the right-of-way line with a minimum pavement width of 20' along the entire property frontage. Improvements to W. Farmers Dr. shall extend to the south property line of the 1.10 acre tract. The applicant shall install an asphalt overlay over the existing pavement utilized to meet the 20' width. c. Replace the existing sidewalk along E. Farmers Dr. with a new 5' sidewalk constructed at the Master Street Plan right-of-way. 2. Planning Commission determination of a variance from the minimum street standards for W. Farmers Drive to allow for a 4' greenspace between the back of curb and the sidewalk where 6' is required. Staff recommends in favor of the requested waiver, finding that the K:lReportst 2008V'C RepoHsI03-Febrtmry l lIR-PZD 07-2858 (Farmers Market/doe lack of right-of-way and existing ditch on the west side of the street creates a significant hardship for the applicant, and the street improvements necessary to serve the subject development will be provided in a safe and adequate manner. 3. Planning Commission determination of compliance with Commercial Design Standards. Staff recommends approval of the proposed elevations, finding that the elevations submitted meet the criteria set forth for commercial design standards. 4. Planning Commission determination of a variance from the required 15' landscape requirement adjacent to 6'h Street. Staff finds in favor of the waiver request due to the many limitations associated with development of this property, which include floodway, floodplain and the overall depth of the property. Additionally, the waiver only applies to short section adjacent to the east parking area, where a back -out lane is located. 5. Planning Commission determination of Tree Preservation Area : 2/11/08: CONDITION #5 WAS REWRITTEN AS FOLLOWS: Due to the -intensity of development on the PZD site, much of the canopy proposed for preservation may be greatly impacted, based on the location of utility easements, drainage improvements and the proposed driveway. Because the canopy reduction is relatively great and adequate land does not exist on -site for replanting, staffs recommendation is to allow off -site preservation for this development. As depicted on the tree preservation plan, all canopy located on the south part of the southern tract shall be placed within a tree preservation area. This includes trees 29-49, which are located within the subject property. All other trees on the north part of this tract shall be protected during construction, and will be evaluated for preservation or removal at the time of development of the subject property. As agreed to by the applicant, 100% of the canopy on the remainder of the southern tract, not located within the tree preservation area, shall be mitigated back on the property, if it is approved to be removed. 6. The applicant shall dedicate right-of-way in the amount of 48.5' from centerline for 6"' Street by warranty deed, 21.5' from centerline for W. Farmers Drive and 25' from centerline for E. Farmers Drive, prior to issuance of a building permit. K:IReports120081PC Reports103-February / lI R-PZD 07-2858 (Farmers Market).doc 7. Any portion of the public sidewalk located outside of the public right-of-way shall be located within a pedestrian access easement, which shall be dedicated by easement plat. 8. The applicant shall install a "no left turn" or other deterring signage at the south end of the southern drive to encourage drivers to exit north to 6'h Street, rather than exiting south down W. Farmers Drive. Said sign shall be installed prior to a Certificate of Occupancy. 9. The applicant shall provide a screen or vegetative buffer along the full length of the south property line and on the east side of the southern parking lot, as the adjacent land use is residential. As noted on the landscape plan, white pines with a minimum height of 8' at the time of planting shall be utilized, unless otherwise recommended by the Urban Forester. 10. The applicant shall coordinate with the Corps of Engineers to determine if a 404 permit is required, prior to any land disturbance on the property. 11. Work within the floodway shall require a "no rise certification" and a Floodplain Development Permit. 12. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. as outlined in the PZD submittal. Signs are not allowed to be placed in utility easements. PZD approval does not guarantee sign permit approval. All signs shall be permitted by a separate sign permit application prior to installation. 13. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan — Planned Zoning District by the City Council shall also be binding. Tree preservation and landscape plan conditions: 14. All off -site preserved tree canopy proposed to meet mitigation requirements must be placed within a Tree Preservation Area. This Tree Preservation Area will need to be delineated on the easement plat and filed of record before a building permit is issued. Canopy not located within the Tree Preservation Area shall be protected during construction. 15. Any utilities visible from the right of way must be screened. Take this into consideration during the planning process. At time of the final inspection, additional plantings may be required. 16. Before approval of construction documents, the Landscape Plan must be stamped by a licensed Landscape Architect within the state of Arkansas. K:IReportd20081PC Repons103-February lIIR-1'7D 07-2858 (Farmers A4arkeQ.doc Standard Conditions of Approval: 17. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground -mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 18. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. Architectural elevations for these structures shall be submitted for review prior to issuance of a building permit. 19. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut -sheets of the proposed exterior light fixtures shall be required to be approved by Planning staff prior to building permit. 20. 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). 21. Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar digital format. 22. 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. 23. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 24. PZD/Large Scale development shall be valid for one calendar year. All building permits must be obtained within one year from the date of final approval, with a one year extension option available, subject to approval of the Planning Commission. 25. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the K:IReports12008iPC Reportsk03-Febneary I IIR-PZD 07-2858 (Fanners Markef).doc City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Additional conditions: 26. Planning Commission Action: ❑ Tabled Forwarded to C.C. Motion: Graves Second: Trumbo Vote: 8-0-0 Meeting Date: February 11, 2008 Comments: 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 Date, Findings associated with R-PZD 07-2858 (Farmer's Market) Sec. 166.06. Planned Zoning Districts (PZD). (E) Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the City Plan 2025; FINDING: Staff finds the application to be in compliance with the Master Development Plan Planned Zoning District criteria established by the City Council. City Plan 2025 designates this site as an Urban Center Area. Rezoning this property to R-PZD 07-2858 to allow for the development of a retail building is consistent with the land use plan and other commercially zoned properties along 6tb Street (Hwy 162). Additionally, the PZD request will allow the building to be set close to the front property lines. This provides sufficient space for parking to be located in the rear of the property, all while avoiding the existing floodway on the south side of the property. (2) Whether the application is in compliance with all applicable statutory provisions; K:1 Reports12008V'C Reports103-February I I R-PZD 07-2858 (Farmers Alarket).doc FINDING: The application has been reviewed and found to be compliant with applicable statutory provisions, or the applicant has submitted requests for waivers thereof. (3) Whether the general impact of the rezoning would adversely impact the provision of public facilities and services; FINDING: The impact of the rezoning and subsequent development would require the provision of public facilities, at the cost of the developer. As indicated in the submittal and the staff report, specific street improvements are proposed with this development to provide adequate ingress and egress for the development. (4) Whether the rezoning is compatible with the surrounding land uses; FINDING: The proposed retail development is compatible with the surrounding commercial land uses to the east, west -and north. The development fronts 61h Street (Hwy 62), which is designated a Principal Arterial by the Master Street Plan. The properties to the south are residential; however, existing tree canopy and required screening along the south and east property lines will provide a substantial visual buffer between these land uses. (5) Whether the subject land is suitable for the intended use and is compatible with the natural environment; FINDING: The intended use of the property is suitable given its location along a principal arterial. However, as noted in the report, staff has cited concerns with a previous rezoning request to allow increased development intensity, without an evaluation of how a development would address environmental concerns. The development has been designed to minimize disturbance of the floodway and tree canopy along the south side of the property. As noted in the project booklet, the creek bed will remain undisturbed except for the driveway crossing, which will be constructed at or below the existing elevations. Additionally, several existing trees will be preserved along the creek bed, which should help with soil stabilization. (6) Whether the intended land use would create traffic congestion or burden the existing road network; FINDING: Any additional development in the area will certainly increase the amount of traffic on surrounding streets; however, street improvements are proposed for East and West Farmers Drive. Additionally, the development will provide a sidewalk connection to the west, which will provide an alternative transportation mode to the large commercial developments along 61h Street. (7) Whether the planned development provides for unified development control under a unified plan; FINDING: The booklet and master development plans submitted provide for said unified development control. (8) Whether any other recognized zoning consideration would be violated in this PZD. K:1ReporuQ0081PC Reporfs103-February II IR-PZD 07-2858 /Farmers Markei).doc FINDING: No other zoning considerations are proposed to be violated. (B) Development standards, conditions and review guidelines (1) Generally. The Planning Commission shall consider a proposed PZD in light of the purpose and intent as set forth in Chapter 161 Zoning Regulations, and the development standards and review guidelines set forth herein. Primary emphasis shall be placed upon achieving compatibility between the proposed development and surrounding areas so as to preserve and enhance the neighborhood. Proper planning shall involve a consideration of tree preservation, water conservation, preservation of natural site amenities, and the protection of watercourses from erosion and siltation. The Planning Commission shall determine that specific development features, including project density, building locations, common usable open space, the vehicular circulation system, parking areas, screening and landscaping, and perimeter treatment shall be combined in such a way as to further the health, safety, amenity and welfare of the community. To these ends, all applications filed pursuant to this ordinance shall be reviewed in accordance with the same general review guidelines as those utilized for zoning and subdivision applications. FINDING: The subject infill development will be compatible with the assorted commercial developments along 6`h Street, while also respecting the residential nature of East and West Farmers Drives. Tree canopy will be preserved along the south and east property lines, which will provide a natural visual barrier between the two land uses. Locating existing canopy within a tree preservation easement will protect the canopy in perpetuity, which will provide long term soil stabilization and conservation of natural site amenities. The proposed development is an appropriate transition between a residential neighborhood and principal arterial, and should provide area residents direct and convenient access to commercial service. Adequate screening and separation between uses should also minimize potentially adverse impacts, such as lighting, traffic and noise. (2) Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the Planning Commission shall require landscaping and screening as part of a PZD. The screening and landscaping shall be provided as set forth in § 166.09 Buffer Strips and Screening. As part of the development plan, a detailed screening and landscaping plan shall be submitted to the Planning Commission. Landscape plans shall show the general location, type and quality (size and age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. FINDING: Screening is proposed along the south and east property lines between the proposed commercial use and adjacent residential uses. Screening is proposed as a combination of existing vegetation and white pines to create an effective visual buffer. Fencing is likely not an option due to the creek bed along the south property line and the location of many trees on the property line. A fence has been proposed along the east property line to help screen the parking from adjacent residents. (3) Traffic circulation.. The following traffic circulation guidelines shall apply: (a) The adequacy of both the internal and external street systems shall be reviewed in light of K: kReports120081PC Repons103-February I AR-PZD 07-2858 /harmers Market/.doc the projected future traffic volumes. (b) The traffic circulation system shall be comprised of a hierarchal scheme of local collector and arterial streets, each designed to accommodate its proper function and in appropriate relationship with one another. (c) Design of the internal street circulation system must be sensitive to such considerations as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, access to dwelling units and -the proper relationship of different land uses. (d) Internal collector streets shall be coordinated with the existing external street system, providing for the efficient flow of traffic into and out of the planned zoning development. (e) Internal local streets shall be designed to discourage through traffic within the planned zoning development and to adjacent areas. (f) Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by Chapter 166 Development of this code. FINDING: Direct access to 6'h Street is not proposed.: Vehicular traffic will utilize the two existing public streets to access a through -drive, which is located over 100' from the intersection of Farmers Drive and 6`h Street. (4) Parking standards. The off-street parking and loading standards found in Chapter 172 Parking and Loading shall apply to the specific gross usable or leasable floor areas of the respective use areas. FINDING: Three separate on -site parking areas will be provided to serve the development in accordance with the required parking ratios for a retail/restaurant development. (5) Perimeter treatment. Notwithstanding any other provisions of a planned zoning district, all uses of land or structures shall meet the open space, buffer or green strip provisions of this chapter of this code. FINDING: The applicant's proposal has met the open space requirements, with approximately 41% of the 1.10 acre site remaining pervious. (6) Sidewalks. As required by § 166.03. FINDING: The existing sidewalk along 6'h Street will be replaced with a new 5' sidewalk at the Master Street Plan right-of-way and will connect to the existing sidewalk on the west side of W. Farmers Drive. Additionally, 5' sidewalks will be constructed along East and West Farmers Drives. (7) Street Lights. As required by § 166.03. K:IRelrarts120081 PC Repor:s103-February 111R-PZI) 07-2858 (Farmers Market).doc FINDING: Street lights are to be provided at all intersections and with a maximum separation of 300 feet. (8) Water. As required by § 166.03. FINDING: Public water will be provided to the project site, pursuant to city code. Improvements to water services may be required and shall be reviewed at the time of preliminary plat submittal. (9) Sewer. As required by § 166.03. FINDING: Public sewer will be provided to the project site, pursuant to city code. Improvements to sewer services may be required and shall be reviewed at the time of preliminary plat submittal. (10) Streets and Drainage. Streets within a residential PZD may be either public or private. (a) Public Streets. Public streets shall be constructed according to the adopted standards of the City. (b) Private Streets. Private streets within a residential PZD shall be permitted subject to the following conditions: (i) Private streets shall be permitted for only a loop street, or street ending with a cul-de- sac. Any street connecting one or more public streets shall be constructed to existing City standards and shall be dedicated as a public street. (ii) Private streets shall be designed and constructed to the same standards as public streets with the exceptions of width and cul-de-sacs as noted below. (iii)All grading and drainage within a Planned Zoning District including site drainage and drainage for private streets shall comply with the City's Grading (Physical Alteration of Land) and Drainage (Storm water management) Ordinances. Open drainage systems may be approved by the City Engineer. (iv) Maximum density served by a cul-de-sac shall be 40 units. Maximum density served by a loop street shall be 80 units. (v) The plat of the planned development shall designate each private street as a "private street." (vi) Maintenance of private streets shall be the responsibility of the developer or of a neighborhood property owners association (POA) and shall not be the responsibility of the City. The method for maintenance and a maintenance fund shall be established by the PZD covenants. The covenants shall expressly provide that the City is a third party beneficiary to the covenants and shall have the right to enforce the street maintenance requirements of the covenants irrespective of the vote of the other K:IReports110081PC Reports103-Febnmry I IIR-PZD 07-2858 (Farmer MarkeQ.doc N. parties to the covenants. (vii) The covenants shall provide that in the event the private streets are not maintained as required by the covenants, the City shall have the right (but shall not be required) to maintain said streets and to charge the cost thereof to the property owners within the PZD on a pro rata basis according to assessed valuation for ad valorem tax purposes and shall have a lien on the real property within the PZD for such cost. The protective covenants shall grant the City the right to use all private streets for purposes of providing fire and police protection, sanitation service and any other of the municipal functions. The protective covenants shall provide that such covenants shall not be amended and shall not terminate without approval of the City Council. (viii) The width of private streets may vary according to the density served. The following standard shall be used: Paving Width o On -Street Parking) Dwelling Units One -Way Two -Way 1 - 20 14' 22' 21+ 14' 24' *Note: If on -street parking is desired, 6 feet must be added to each side where parking is intended. (ix) All of the traffic laws prescribed by Title VII shall apply to traffic on private streets within a PZD. (x) There shall be no minimum building setback requirement from a private street. (xi) The developer shall erect at the entrance of each private street a rectangular sign, not exceeding 24 inches by 12 inches, designating the street a "private street" which shall be clearly visible to motor vehicular traffic. FINDING: All public and private streets/drives shall conform to city standards, which have been indicated in the submitted statement of commitments. Public and Private streets shall not be gated, unless permitted by express approval from the City Council. (11) Construction of nonresidential facilities. Prior to issuance of more than eight building permits for any residential PZD, all approved nonresidential facilities shall be constructed. In the event the developer proposed to develop the PZD in phases, and the nonresidential facilities are not proposed in the initial phase, the developer shall enter into a contract with the City to guarantee completion of the nonresidential facilities. FINDING: The proposed development is a commercial PZD. (12) Tree preservation. All PZD developments shall comply with the requirements for tree preservation as set forth in Chapter 167 Tree Preservation and Protection. The location of KiReporrs120081PC Reporrs103-February II J?-PZD 07-2858 (Farmers Afarke[).doc trees shall be considered when planning the common open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas, and finished grade levels. FINDING: A tree preservation plan has been submitted, indicating preservation of 9.1 canopy area on the development property. The applicant proposes the utilization of off -site preservation to the south of the parking lot area. Canopy located within a tree preservation area shall be protected in perpetuity. Staff has consistently recommended that all tree canopy along the cast side of the off -site tract be placed within a tree preservation area, to account for the loss of on -site canopy. (13) Commercial design standards. All PZD developments that contain office or commercial structures shall comply with the commercial design standards as set forth in §166.14 Site Development Standards and Construction and Appearance Design Standards for Commercial Structures. FINDING: Staff is recommending in favor of the proposed building elevations. (14) View protection. The Planning Commission shall have the right to establish special height and/or positioning restrictions where scenic views are involved and shall have the right to insure the perpetuation of those views through protective covenant restrictions. FINDING: Staff finds no specific scenic views to be protected on the subject property. (E) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased development schedule as stated in the approved development plan. (c) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff shall report the status of each ongoing PZD at the first regular meeting of each quarter, so that the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. K:1Reporrs120081PC Repoets103-February t nR-PZD 07-2858 (Farmers Market).doc (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. (F) Covenants, trusts and homeowner associations. (1) Legal entities. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, building, lighting, security measure and similar common elements in a development. The city encourages the creation of homeowner associations, funded community trusts or other nonprofit organizations implemented by agreements, private improvement district, contracts and covenants. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreation areas and communally -owned facilities shall be approved by the City Attorney as to legal form and effect, and by the Planning Commission as to the suitability for the proposed use of the open areas. The aforementioned legal instruments shall be provided to the Planning Commission together with the filing of the final plan, except that the Guarantee shall be filed with the preliminary plan or at least in a preliminary form. (2) Common areas. If the common open space is deeded to a homeowner association, the developer shall file with the plat a declaration of covenants and restrictions in the Guarantee that will govern the association with the application for final plan approval. The provisions shall include, but not necessarily be limited to, the following: (a) The homeowner's association must be legally established before building permits are granted. (b) Membership and fees must be mandatory for each home buyer and successive buyer. (c) The open space restrictions must be permanent, rather than for a period of years. (d) The association must be responsible for the maintenance of recreational and other common facilities covered by the agreement and for all liability insurance, local taxes and other public assessments. (e) Homeowners must pay their pro rata share of the initial cost; the maintenance assessment levied by the association must be stipulated as a potential lien on the property. The association must be able to adjust the assessment to meet changing needs. FINDING: The applicant shall comply with these requirements. K:IRrports120081PC Repons103-February IIIR-PZD 07-2858 (Farmers Market).doc Sec. 161.25 Planned Zoning District (A) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (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: Staff finds this proposal meets the intent of many of the parameters of the City Plan 2025, as well as the above criteria, including flexibility in design and a minimal disruption of natural features. The proposal will offer residents convenience goods and personal services within a small scale and compatible development. Reducing the building setbacks will permit a more efficient use of the property, while minimizing land disturbance within the floodway. K:IReporrs120081PC Reports103-February 11IR-PZD 07-2858 (Farmers Marker/.doc The following guiding policies within Urban Center Areas are applicable to this development, and help to achieve the twelve primary goals of the City Plan 2025: Residential Neighborhood Areas: a. Provide enough retail business and service space to enable Fayetteville to realize its full potential as a regional market. b. Require that large commercial sites be designed and landscaped in a manner that preserves the aesthetic character of their surroundings. c. Discourage design elements that prohibit complete, compact, connected neighborhoods such as cul-de-sacs, gated communities, etc. d. Utilize principles of traditional residential urban design to create cornpatible, livable and accessible neighborhoods. (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: The submitted development plats and Master Development Plan booklets, along with the conditions of approval found applicable and appropriate, are binding with the approval of the requested rezoning. Should the Planning Commission forward this item to the City Council an ordinance will be drafted for consideration of rezoning this property in accordance with the submittal herein. (C) C-PZD, Commercial Planned Zoning District. (1) Purpose and intent. The C-PZD is intended to accommodate mixed -use developments containing any combination, including multiple combinations of commercial, office or residential uses in a carefully planned configuration in such a manner as to protect and enhance the availability of each independent use. The C-PZD is also intended to accommodate single use commercial developments that are determined to be more appropriate for a PZD application than a general commercial rezone. The legislative purposes, intent and application of this district include, but are not limited to, the following: (a) To encourage the clustering of commercial and office activities within areas specifically designated to accommodate such uses and to discourage the proliferation of commercial uses along major thoroughfares and noncommercial areas. (b) To provide for orderly development in order to minimize adverse impact on surrounding areas and on the general flow of traffic. (c) To. encourage orderly and systematic commercial, office or mixed use development design or a combination thereof, providing for the rational placement of activities, vehicular and pedestrian circulation, access and egress, loading, landscaping and buffering strips. (d) To encourage commercial development which is consistent with the city's General Plan. K: IReportsl20081PC Reports103-Fe,bniary R IR-PZD 07-2858 (Farmers MarkeQdoc (e) To accommodate larger scale suburban developments of mixed -uses in a harmonious relationship. FINDING: Staff is recommending approval of this application, finding the proposed C-PZD meets the intent of the PZD ordinance. Although the request is for a single -use commercial development, it is staff's opinion that the small size and unusual shape of the property together with the existing natural features, including floodway and floodplain, warrant the use of the PZD process to permit the development of a small commercial center, which will be compatible with surrounding developments and provide convenience goods to neighboring residents. (2) Permitted Uses. All permitted uses identified within §162 Use Units of the Unified Development Code shall be allowed as permissible uses, unless otherwise specified, subject to City Council approval of the Planned Zoning District request. (3) Conditional Uses. All conditional uses allowed within (Residential, Commercial, Industrial) zoning Districts established in the Unified Development Code shall be allowed with Planning Commission approval, unless otherwise specified, subject to the code governing Conditional Use requests. FINDING: Permitted and Conditional uses are outlined in both the Master Development Plan booklets and plats. (4) Condition. In no instance shall the commercial or office use area be less than fifty-one percent (51 %) of the gross floor area within the development. FINDING: The commercial/office uses on this property will be 100 percent of the gross floor area within the development. (F) Bulk and area regulations (1) Residential density. Residential densities shall be determined on the basis of the following considerations: (a) The densities of surrounding development; (b) the densities allowed under the current zoning; (c) the urban development goals and other policies of the city's General Plan; (d) the topography and character of the natural environment; and (e) the impact of a given density on the specific site and adjacent properties. FINDING: No residential units are proposed for the development. (2) Lot area and setback requirements. Taking into consideration the unique aspects of each project, preliminary development plans for Planned Zoning Districts shall conform as closely as possible to the existing standards for lot area minimums and setback requirements under K: IRepor(sl2008IPC Reportsl03-February I IIR-PZD 07-2858 (Farmers Marke!).doc this chapter. FINDING: Setback minimums are varied on this project with the structure oriented towards 61h Street. Due to the narrow depth of the property and existing natural features, it is not possible to conform to existing standards for setback requirements without severe degradation to the natural environment. Setbacks have been modified and certain permitted uses have been removed, which in staff's opinion are not appropriate given the proximity to existing residential properties. Still, the development is very similar to the standards for a commercial zoning district. (3) Building height. There shall be no maximum building height except as may be determined by the Planning Commission during the review of the preliminary development plan based on the uses within the development and the proximity of the development to existing or prospective development on adjacent properties. A lesser height may be established by the Planning Commission when it is deemed necessary to provide adequate light and air to adjacent property and to protect the visual quality of the community. FINDING: Building heights proposed for this project are typical of commercial developments in the surrounding area, and shall not exceed 40'. (4) Building area. The Planning Commission shall review specific proposed lot coverages which generally correspond to the guidelines for lot coverage in the respective residential, office, commercial or industrial district which most depicts said development scheme. FINDING: Lot coverage has not been defined by the applicant, although the impervious surface area is proposed'to be approximately 59%, which includes the building and parking lots. Therefore, the development exceeds the maximum impervious surface area of 85% found in most commercial zoning districts. *Required Findings for Rezoning Request. FINDINGS OF THE STAFF I. 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: Staff finds the proposal is consistent with the land use planning objectives, principles and policies, as evidenced by the previous findings. The future land use plan designates the property as an Urban Center Area, which accommodates both office and commercial land uses and encourages an efficient use of property with buildings located close to lot frontages. Although a difficult site to develop, the applicant has presented a project that provides reduced front setbacks with a building oriented to the street, parking located at the rear of the structure, and preservation of the sites natural features. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. K:IRepons120081PC Reports103-Febnia y t IIR-PZD 07-2858 (Fanners Markef).doc Finding: The property is currently zoned R -A, Residential Agricultural and since it is less than 2 acres, the property is a nonconforming lot of record. Development of the property for anything other than a single-family structure or an agricultural use requires a change in the zoning. The proposal is appropriate giving the future land use designation of an Urban Center Area and the property's location along a state highway. Additionally, the PZD request will allow for a efficient use of the property, while also maintaining the sites natural features. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds this proposal will not create or appreciably increase traffic danger and congestion. Street improvements are proposed for both East and West Farmers Drives. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Staff does not find that an undesirable increase in load on public services would be created. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A K:I Reportst2008lPC Reponsl03-February JAR-PZD 07-2858 (Farmers Market).dac PC Meeting of February 11, 2008 THE CITY OF FAYETTEVILLE, ARKANSAS TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Subdivision Committee From: Carole Jones, Interim Urban Forester Date: February 5, 2008 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3472 ITEM # C-PZD 07-2858: Planned Zoning District (Farmer's Market) Requirements Submitted: Y Initial Review with the Urban Forester Y Site Analysis Map Submitted Y Site Analysis Written Report Submitted N Complete Tree Preservation Plan Submitted Canopy Measurements: rrn •.. a s Yew. a`E Q -n r 3-iLF.��..w.E1S3 FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. This site is has approximately 19% canopy with the majority of species consisting of elm, catalpa, cheery, and ash. Of all the trees on the site only 4 are significant by City of Fayetteville's Landscape Manual. There is existing drainage within identified floodway/floodplain along with a sewer easement along the south boundary of the property. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • The removal of the trees on -site will certainly reduce the existing canopy, but it is not anticipated that substantial environmental • degradation will occur on this site, as the canopy is rather limited. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. • Most trees on this site are located along common property lines with the surrounding neighborhood, particularly along the south and east property lines. If protected, adjacent properties should not be affected by the removal of tree canopy. The applicant has proposed removal of tree canopy on the site being developed, and has proposed protecting tree canopy on a lot directly adjacent to the south. Staff has recommended that these trees be preserved along the eastern and southern portion of the site. Additional screening in the form of a fence and evergreen trees will also be added to provide, a buffer from adjacent residential uses. Whetheralternative construction methods have been proposed to reduce the impact of deueloprnent on existing trees. • None proposed. Whether the size or shape of the lot reduces the flexibility of the design. The size and shape of the lot does reduce flexibility of design, in that it is an "L" shaped lot, quite narrow, and limited in development potential because of the existing floodway on the property. Staff, therefore, has recommended approval of the option to preserve off - site canopy on the lot adjacent to the south, also owned by the applicant. The general healthand condition of the tree or group of trees, or the presence'of any disease, injury or hazard. • The general health of these trees was determined to be good. A dead tree was removed recently from the property. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • Canopy that is proposed to be protected on the developed property is not in the best location for continued protection, with relation to new utilities. A sewer line exists in close proximity, and storm drainage improvements will be occurring with this project. The majority of saved canopy has been recommended by staff to be placed within a Tree Preservation Area, on the proposed off -site location. These trees are located along a common property line with adjacent neighbors, and are not planned to be disturbed with development or utilities. This distinction will allow the continued preservation of these trees in perpetuity. The removed canopy is due to road improvements, placement of structure, and associated parking. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • Trees within the Tree Preservation Area should not be affected by utilities. The two trees located at the southeast corner of the property are located between a sewer easement and drainage. If future maintenance is required, the root systems will be affected. Because of this, staff has not recommended these trees be placed within a permanently protected area, but they are to be protected with development. • Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. - • Topography is not a restriction on the site and canopy along the edges will be maintained. Construction requirements for On -Site and Off -Site Alternatives. • Construction within the off -site Tree Preservation Area may not occur during development. Tree protection fencing will be installed along this boundary. The effects of proposed On -Site Mitigation or Off -Site Alternatives. • Mitigation would not be required on this site if the 19.4% minimum were maintained. However,. removal of tree canopy requires either on- or off -site measures: The proposed off -site preservation area will result in protected canopy very near to the developed area. The effect other chapters of the UDC, and departmental regulations have on the development design. . . This is a.Commercial Planned Zoning. District, which allows the = developer the flexibility with setbacks, placement of buildings, drives, etc. in order to better protect existing canopy. The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: Adjacent to U.S. Highway 62 The impact a substantial modification or rejection of the application would have on the Applicant: • Staff is recommending approval of the current Tree Preservation and Protection Plan with conditions that will require changes to the proposed plan. If the following revisions are made, staff will support the project. Based on the submitted calculations, the applicant is proposing to preserve 4,050 SF of the 8,565 SF of tree canopy on the 1.02 net site acreage (9.16%). This results in removal of 4,515 SF of tree canopy for which mitigation is required. Due to site limitations, the applicant is proposing to utilize an option within Ch. 167 for off -site tree preservation. Tree canopy is proposed to be permanently protected within a Tree Preservation Area on the small 0.48 acre site directly south of the parking lot, along West Farmer's Drive. Should the Planning Commission require the recommended areas to be placed within a Tree Preservation Area, additional mitigation is not required. Conditions of Approval: 1. All off -site preserved tree canopy proposed to meet mitigation requirements must be placed within a Tree Preservation Area. This Tree Preservation Area will need to be delineated on the easement plat before a building permit is issued. The canopy that is not being removed but not located within the Tree Preservation Area shall also be protected during construction. 2. Staff recommends, for a Planning Commission determination, that all off -site tree canopy located along the eastern property line of the adjacent tract to the south be placed within a Tree Preservation Area. This includes the canopy of trees #23, 25-32 and 48-49. 3. The off -site mitigation is incorrectly described in the tree canopy table. Please include the area (in SF) of the existing on -site canopy, not located within existing utility easements or right-of-way. Several trees indicated as saved are located in utility easements, ROW or on adjoining property. Staffs final recommendation will be subject to final calculations. 4. All revisions must be made to the Tree Preservation Plan before final approval. PC Meeting of February 11, 2008 THE CITY OF FAYETTEVILLE, ARKANSAS LANDSCAPE REVIEW FORM To: Fayetteville Planning Commission From: Jesse Fulcher, Current Planned• Date: February 6, 2008 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 ITEM #: PZD 07-2858: Planned Zoning District (Farmer's Market/6th St) Applicable Requirements: y 1 rte. eve opment ar - g ' t IStanda ds NA I"5goIlesign Oveay rl Y• Street'Tiee Planting:Standarids. NA• 4, ; 'StoiuwaCer-Failities #Y ,i �S �. c �19N eM.trf }S�tif•L�-, P Plan Checklist: Y= submitted by applicant N=requested by City ofFayetteville NA= not applicable Pielintihary�y'r - Submmittal d Submittal 4M'Landsa a^P1anW - . N Y. _ Irrigation notes either automatic or hose bib ., y y Species of plant material identified y y Size of plant material at time of installation indicated Soil amendments notes include that soil is amended and sod N y removed Mulch notes indicate organic mulching around trees and within N Y landscape beds N N Plans stamped by a licensed Landscape Architect y y Planting details according to Fayetteville's Landscape Manual as .. _ itei • eve opment::..a r, t tkn a, at ,•. at y I, Wheel stops/ curbs Interior landscaping Narrow tree lawn (8' min width, 17'min length/ i tree per 12 spaces) Y Y Tree island (8' min. width i tree per 12 spaces) trelin •in_ ' Subnuttal r Final .Snb uttal9. N Y Perimeter landscaping Side and rear property lines (5' landscaped) Shade trees as described in street tree planting standards, Parking lot adjacent to R.O.W.- continuous planting of shrubs -at least 8per tree- and ground cover -50% evergreen) � era y tstrlct � - equirements NA Greenspace adjacent to street R.O.W. (25' wide) NA Large street trees planted every 30' L.F. along R.O.W. NA 25% of total site area left in greenspace (8o% landscape) NA Parking lots and outdoor storage screened with landscaping !Street Tree Plantang•Stauda - trim of -.FP. orp rntit)' NA Residential Subdivisions- 1 large species shade tree/ lot tree planted within R.O.W. if possible N Y Nonresidential Subdivision- i large species shade tree/3o L.F. tree planted within 15-25' reens ace NA Urban Tree Wells -urban streetscape only-8foot sidewalk NA Structural Soil -if urban wells are used, a note or detail of structural soil must be indicated on the landscape plan NA Timing of planting indicated on plans (subdivisions only) NA Written description of the method for tracking plantings [SComwaterFacilitis'(hfFP o permit) _ NA 1 deciduous or evergreen tree/ 3000 square feet NA 4 large shrubs (3 gal) or small trees / 3000 square feet NA 6 shrubs or grasses (i gal) / 3000 square feet NA Ground cover unless seed or sod is specified NA 5o% of facility planted with grass or grass like plants Conditions of Approval: 1. Any utilities visible from the right of way must be screened. Please take this into consideration -during the planning process. At time of the final inspection, additional plantings maybe required. s. 2. Before approval of construction documents, the Landscape Plan must be stamped by a licensed Landscape Architect within the state of Akansas. 3. Prior to building permit, a cost estimate for all required landscape is to be submitted to the Urban Forester for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 4. Under the Landscape Regulations Chapter 17'7, street trees must be bonded for a 3 year period. This bond isfor the maintenance of the trees. This amount must be deposited with the City before issuance of a final certificate of occupancy. From: Brian Pugh To: Fulcher, Jesse; Garner, Andrew; Sanders, Dara Date: 1/24/08 4:41 PM Subject: Subdivsion Committee 1-31-08 C-PZD 07-2858 (Farmer's Market / 6th St.) - Approach is fine but cannot tell the size of the enclosure. Enclosure must be 15' wide x 12' deep with 15' clear opening for enclosure. Brian Pugh Waste Reduction Coordinator Fayetteville Solid Waste and Recycling 479-718-7685 479-444-3478 Fax lark onsulting CIVIL / ENVIRONMENTAL ENGINEERING January 22, 2008 Mr. Jesse Fulcher City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 Re: Farmers Market - West Sixth Street Fayetteville, AR Dear Mr. Fulcher: J. STEVE CLARK, P.E. We are resubmitting this project with a revision to the legal description of the PZD. We have removed the southern most 0.4 acre along West Farmer's Drive from the area to be zoned as a commercial PZD. The owners never desired that this area be included in the original description. I inadvertently included when we revised the legal at the time of resubmittal after adding the additional parking lot that extended along West Farmers Drive. By eliminating this area as part of the PZD we also improved the percentage of tree canopy preserved. We are now in excess of the 25 percent requested by the Urban Forester. Additionally there are two item that were not addressed in this submittal but will be added soon. We have not shown the existing street lights or the state plane coordinates. This information is being developed and will be included in the next submittal. Sincerely, Clark Consulting J. Steve Clark, P.E. 3715 Business Drive, Suite 202 • Fayetteville, Arkansas 72703 • (479) 444-8171 • Fax: (479) 251-7982 If, lark onsulting CIVIL / ENVIRONMENTAL ENGINEERING January 9, 2008 Mr. Jeremy Pate City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 Re: Farmers Market - West Sixth Street Fayetteville, AR Dear Mr. Pate: J. STEVE CLARK, P.E. The developer requests a variance to the City Development Code that requires a 15 foot landscape buffer between a commercial development and a residential district. In this case we meet that buffer for a portion of our south boundary, but cannot comply along west 65 feet of the south boundary and along the east side of the peninsula. The size and depth of the tract does not provide adequate space to construct the building and adjacent driveway and still meet the buffer requirement. We believe the intent of the ordinance will be met with the buffer area available along the south property line as there are several large existing trees on the property line where the buffer is less than the minimum. Additionally, a screening fence along the peninsula area will provide adequate buffering between the uses This is because there are no buildings on the peninsula area to screen, a fence will screen the parking lot effectively. Thank you for your consideration. Sincerely, Clark Consulting teve Clark, P.E. .3715 N. Business Drive, Suite 202 • Fayetteville, Arkansas 72703 • (479) 444-8171 • Fax: (479) 251-0714 I a 4l ay [ I a �•1 • „i iff.XA ry X11 M ' { a 0. pUQ I Project Booklet Farmer's Market C-PZD 07-2858 February 12, 2008 lark g CIVIL/ENVIRONMENTAL ENGINEERING Ii I I I 11 I F 11 I I I ri I Li I I H I Project Booklet Farmer's Market February 12, 2008 A. Current Owner Monroe Farmer's Market, LLC Steve Fowler Ryan Fowler Jason Fowler P.O. Box 394 Fayetteville, AR 72702 B. Project Summary This 1.10 acre tract is located on West Sixth Street between East and West Farmer Drive. The property was the previously used as a residential lot with a home and outbuildings. The house and outbuildings were removed several years ago. The Developer proposes to construct a 5000 square foot retail building with associated parking. Development of the site is complicated by the proximity of the 100 year flood plain and the narrow width of the property. In order to overcome these limitations the developer has elected to use the PZD zoning to allow non-standard setbacks. C. Project Concept 1. The Streets will remain as currently established. The property will remain as a single lot. 2. See attached site plan 3. The existing creek will remain undisturbed for most of the length of the property and will serve as a minor buffer for the adjacent property to the south. Due to the small size of the tract there is not very much room to be set aside as a buffer area. 4. Many of the existing trees on the property are located in the existing sewer easement that runs along the south property line or adjacent to the road and will be incorporated into the dedicated ROW. These trees are not counted in the preservation numbers due to the existing sewer easement. There are several trees that are located in a lot adjacent to the tract also owned by the developer. These trees will remain undisturbed 5. Due to the proximity of the creek and time of concentration of the watershed detention is not recommended for this project. Additionally there is an FEMA identified floodway along the southern portion of the property. There will be no fill material placed in the floodway. The developer will be constructing an access drive through the floodway but the grades will be at or below existing elevations. 6. The creek bed will remain undisturbed except where the south parking lot drive I crosses the ditch. 7. There are existing utilities adjacent to the property. New services will be installed to the building. 8. Since there is only a single building proposed there will not be formal Architectural Standards prepared. The proposed building is presented with this application. 9. See attached building elevations. D. Phasing This project will be constructed in a single phase and will begin within one year of approval of the PZD. The project should obtain a Certificate of Occupancy within three years after approval. E. Proposed Planning Areas There will be only one planning area in this project. The PA will be C-2 commercial in nature and uses. F. Proposed Zoning and Development Standards Farmer's Market Proposed Zoning Standards- Commercial PZD - Planning Area I B) Uses. 111 Pam,ll# rl ucoe I I H C I Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 12 Offices, studios and related services Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Trades and services Unit 19 Commercial recreation - small sites Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities 2 Unit 21 Warehousing and wholesale Unit 35 Outdoor music establishments Unit 40 Sidewalk Cafes (C) Density., None. (D) Bulk and area regulations., None. IC' Qn#hnnl, ,nnnfnrinne Front 20 ft. Note: Front setback reduces to 18.8' for a 12 foot length where existing Highway 62 ROW Flairs out at drainage structure. Side None Side- when contiguous to a 15 ft. residential district Rear 20 ft. Height Restrictions = 40 feet maximum Maximum Building Area = 5,500 SF See Appendix A for sign requirements G. Zoning Comparison Chart I I I I I Existing Zoning Proposed Zoning Farmer's Market RA PA -1 Uses Unit 1 City-wide uses by right Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 and recreational facilities Unit 6 Agriculture Unit 5 Government Facilities Unit 7 Animal husbandry Unit 12 Offices, studios and related services Unit 8 Single-family dwellings Unit 13 Eating places Unit 9 Two-family dwellings Unit 14 Hotel, motel, and amusement facilities Unit 37 Manufactured homes Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Trades and services 3 I I I I I I Unit 19 Commercial recreation - small sites Unit 25 Professional offices Conditional Uses Unit 2 City-wide uses by conditional use Unit 2 City-wide uses by permit conditional use permit Unit 4 Cultural and recreational facilities Unit 3 Public protection and utility facilities Unit 5 Government facilities Unit 21 Warehousing and wholesale Unit 20 Commercial recreation - large sites Unit 35 Outdoor music establishments Unit 24 Home occupations Unit 40 Sidewalk Cafes Unit 36 Wireless communications facilities Density Units per acre One-half Units per acre N/A Bulk and Area Regulations Lot width 200 ft. Lot width minimum None minimum Lot Ana Lot Area Minimum None Minimum: Residential 2 acres Residential None Nonresidential 2 acres Nonresidential None Lot area per 2 acres Lot area per dwelling None dwelling unit unit Setbacks Front 35 ft Front 20'! 18.8' Note: Front setback reduces to 18.8' for a 12 foot length where existing Highway 62 ROW Flairs out at drainage structure. Side 20 ft Side 0' Rear 35 ft Rear 20' Side adjacent to residential 15' This site is located at the confluence of a discharge pipe from US Highway 62, Sixth Street, the detention pond on the Wal-Mart site and a portion of the northern slope of Washington Mountain. The 1999 revision to the Flood Insurance Rate Map added an identified floodway to the property. The result of the floodway limits the addition of fill material to the floodplain outside the identified floodway. Due to this floodway limitation, the entry drives will remain at the existing ground elevation with the building and parking raised above the 100 -year floodplain. We propose to keep the creek bed and adjacent trees undisturbed where possible. The developer will remove the debris and undergrowth allowing a more efficient drainage path but will not construct a trapezoidal channel in order to keep the existing tree canopy. H. Recreational Facilities This is a commercial use only and does not require parkland dedication. However Finger Park is located 1100 feet south of this tract at the end of East Farmer Lane. I. Reason for Requesting Change This property requires rezoning in order to develop as commercial property, which is the highest and best use. However due to the shallow depth and the proximity of the.floodway, it is necessary to use a smaller front setback than would be required under a C-2 zoning. J Compatibility with Surrounding Property The development will be compatible with the other commercial properties in the area. Vegetative screening will help to buffer the residence to the south. A screening fence cannot be constructed in the floodway so that method of screening will not be used. Access to the property will be off of East and West Farmer Drive. That will minimize the traffic issues on West Sixth Street. K. Compliance with Fayetteville City Plan 2025 I [1 I I I I Development of this property as a commercial development is consistent with the city plan 2025. This project is located in the Urban Center Area which is intended as a mixed use commercial area. Additionally the project meets other City Plan 2025 goals by constructing in an infill area and is revitalizing the former residential lots that were degraded and over grown with weeds and undergrowth. Also by constructing in the existing commercial area along W. Sixth Street will not increase suburban sprawl. L. Traffic Studies This development is not a significant traffic generator and does not require a traffic study M. Impact on City Services Both water and sewer service is available through existing public mains. This project will not have a negative impact on the City infrastructure. N. STATEMENT OF COMMITMENTS Dedication - The developer will dedicate all easements and street ROW as part of the easement plat required prior to building permit. The ownership of the remaining land will be vested in the developer. 2. Offsite improvements will be limited to adjacent streets. This will be constructed as part of the development and will be completed prior to issuance of the Permanent Certificate of Occupancy. 3. The developer proposes to leave the bottom and banks of the creek in their natural state. Fill material will be placed in the floodplain and the access drive will be constructed within floodway at existing elevations. 4. The project will be constructed as a single phase. A building permit will be obtained within one year and a Certificate of Occupancy will be obtained within 3 years of approval by City Council. There is an existing fire hydrant at the northeast corner of the site. This will provide adequate fire protection and meets current code requirements. 6. None II I I I There are no requirements for parks or trails. This project meets the requirements for open space. O. Conceptual Development Standards Landscaping will be in conformance with the Landscape Ordinance. Screening will be provided along the south property line between this development and the property to the south. A variance has been requested to allow less than a 15 foot buffer. 2. Adequate traffic circulation will be provided. A connection between East and West Farmer Roads will be made. ' 3. Parking standards will be in conformance with Fayetteville regulations. C [1 4. Perimeter landscaping will be in conformance with the landscape ordinance. 5. Sidewalks will be constructed per the sidewalk regulations. I 6. Streetlights will be standard lights and will be installed per the Fayetteville ordinances. 7. Water service will be from the public water main in the Sixth Street Right of Way. 8. Sewer service will be provided by the public sewer main that runs through the property. 9. There will be no new streets dedicated as a result of this project. The adjacent streets will be widened as required by ordinance. 10. There will be no residential buildings. 11. Tree preservation will be in conformance with the applicable ordinances. 12. There will not be separate architectural design standards. The building shown in this document is the only proposed building. 13. The signage design as not been developed at this time. A sign permit will be obtained prior to construction. The sign will conform to the standards outlined in Appendix A 14. There are no view protection issues. 15. The owner acknowledges that the approval of this PZD can be revoked for noncompliance with the conditions approved by the City. The owner agrees to meet the conditions as approved 16. There will be no Restrictive Covenants, Trusts, or Homeowners Associations. P. Fulfillment of Intent of Planned Zoning District One purpose of the PZD is to allow flexibility in the zoning ordinance for non standard developments when the tract has special features of geographic location, topography, size or shape. The shallow depth of the lot and the presence of the floodway limits the development potential of this project. Additionally, the ordinance allows for the development of projects which have minimal disruption of existing natural features and amenities. This project meets these goals by leaving the actual creek bottom and sides as a natural stream and allows many of the existing trees to remain. In order to develop with standard setbacks would require the channelization of the creek or construction of a box culvert/ pipe system. 7 Appendix A Wall Signs (A) Projection. (1) General. Wall signs shall not project more than 18 inches from the surface upon which they are mounted. (2) Mansard roof The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. (B) Number of signs. (1) Single tenant. Where a building houses only one business, a maximum of two (2) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (2) Multiple tenants. Where a building houses more than one business, each business shall be entitled to a maximum of one wall sign per business on each wall of the building, with a maximum of three (3) total wall signs per business per building. In no case shall a business have more than one wall sign on any wall. (C) Display surface area. 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N N N J n () (v N .a O T m -, ,1-n T T T O v C) 0 O N r r r5, N aD V S N C T O D OD N N Ct 6 K am v m N < A 00 OIIDIMANCE NO. 5117 AN28 i (FARMERS ESTABLISHING A COMMERCIAL HE a e I le PLANNED ZONING DISTRICT TITLED C-PZD 07 - SOU EOF MARKET), BETWEEN EAST THE SOUTH SIDE OF HWY 62. BETWEEN EAST AND WEST FARMERS DRIVE, CONTAINING APPROXI- MATELY 1.10 ACRES; AMENDING THE OFFICIAL ARKANSAS ZONING MAP OF THE CITY OF FAYETTEVILLE, AND ADOPTING THE ASSOCIATED MASTER DEVFt OPMEFIT H AN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, Section 1: That the zone classification of the following described property is thereby changed as fol- lows: From R -A. Residential Agricultural to C-PZD 07-2858 as shown in Exhibit "Aand depicted in Exhibit'B' attached hereto and made a pal hereof. Section 2: That the change in zoning classification is based upon the approved master develop- ment plan, development standards, statement of cmntitments and Me conditions of approval as submitled, determined appropriate and approved by the City Council; further, that the conditions of approval shall be filed and available for viewing in the office of the City Clerk/Treasurer of the City of Fayetteville. Section 3: That this ordinance shall take effect and be in lull force at such time as all of the require- ments 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. PAEIID OW APPROVED this 4th day of March, 2008. APPROVED: ATTEST BY By DAN COOOY, AMFw SONORA IL EEETN. City Clart/hw.rne Exhibit A is a map and may be viewed in the office of the City Clerk/Treasurer during normal bus- ress hours. EXHIBIT'B' C-PZD 07-2858 A PART OF THE SOUTHWEST QUARTER (SWIM) OF THE NORTHEAST QUARTER (NE1/4) AND A PART OF THE NORTHWEST QUARTER (NW1M) OF THE NORTHEAST QUARTER (NE1/4), ALL IN SECTION NINETEEN (19), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (1(4) OF SAID SECTION NINETEEN (19). SAID POINT BEING AN EXISTING ARKANSAS LAND SURVEY MONUMENT; THENCE SO1°20'W W 1642.77 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NEt/4)TO A POINT; THENCE S80°4132 -E; 1035.19 FEET TO A SET 1/7 IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF WEST FARMER DRIVE FOR THE TRUE POINT OF BEGINNING, THENCE N05°0211 W 227.19 FEET ALONG SAID RIGHT-OF-WAY LINE TO AN EXISTING IRON REBAR ON THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY 062; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HIGHWAY 162, THE FOLLOWING BEARINGS AND DISTANCES'. N69°24'4TE 95.42 FEET TO A SET 1/2' IRON REBAR, N80°4910E 25.50 FEET TO A SET 117 IRON REBAR, N5B°11'39'E 25.50 FEET TO A SET 112' IRON REBAR, N69°30'39'E 16066 FEET TO AN EXISTING IRON REBAR, N83°3324'E 13.33 FEET TOA CHISELED TIN A CONCRETE SIDEWALK AT THE WEST RIGHT-OF- WAY LINE OF EAST FARMER DRIVE: THENCE S02°4627E 119.92 FEET ALONG THE WEST RIGHT- OF-WAY LINE OF SAID EAST FARMER DRIVE TO A POINT IN THE CENTER OF A DITCH AND FROM WHICH AN EXISTING REFERENCE BEARS 502°4627E 4.50 FEET; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF SAID EAST FARMER DRIVE, S70°0620W 255.45 FEET ALONG THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN LAND DOCUMENT 95-47316 OF THE LAND RECORDS OF WASHINGTON COUNTY. ARKANSAS, TO A SET 1/7 IRON REBAR: THENCE SW°07'32'E 70.00 FEET TO AN EXISTING ANGLE IRON; THENCE S05°0344f 60.19 FEET TO AN EXISTING IRON REBAR; THENCE SO4°S4'26'E 79.58 FEET TO AN EXISTING IRON REBAR THENCE N89°1718W 5804 FEET TO AN EXISTING IRON REBAR: THENCE N05°OS'53W 80.03 FEET TO THE POINT OF BEGINNING. CONTAINING 1.10 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. THE ABOVE DESCRIBED 1.10 ACRE TRACK BEING SUB- JECT TO ANY EASEMENTS AND/OR RIGHTS -OF -WAY WHETHER OR NOT OF RECORD. From: Clarice Pearman To: Pate, Jeremy Date: 3.7.08 11:56 AM Subject: Ords. 5114, 5116, 5117 Attachments: 5117 C-PZD 07-2858 Farmer's Market.pdf; 5116 RZN 07-2856 Parks & Recreation .pdf; 5114 RZN 07-2889 Cooper.pdf CC: Audit; GIS Jeremy: Attached is a copy of the above ordinances passed by City Council. Please let me know if there is anything else needed for these Items. Have a good weekend. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us NORTHWEST ARKANSAS £DiTION Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am 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 5117 March 9, 2008 Publication Charge: $137.15 Subscribed and sworn to before me This day of YY c,L , 2008. ES�ANDRA r.sorv�wn D. BUSH Notary Public L��— ryPublic—Arkansas unty of Washingonxmissicn Exp. 0110312011 ewwM' My Commission Expires: eI 2 0 l Do not pay from Affidavit, an invoice will be sent