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
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By: i By: i " uuiuGT u+,++"
DA GOODY, Mayor SONDTIA E. SMITH, City Clerk/Treasurer
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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
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C=PZD 07=2858
CPZD07-285 FARMER ' S MARKET/ 6TH ST .
Close Up View
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