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HomeMy WebLinkAboutOrdinance 5134 .� IIIIII DOC D : 012274150009 Tvoe : REL i Recorded : 05/ 18/2008 at 02 : 28 : 48 PM Fee Amt : $55 . 00 Paae 1 of 9 Mashinaton Countv . . AR Bette Stamps Clrcult Clerk Flle2008_00016414 i ORDINANCE NO, 5134 AN ORDINANCE ESTABLISHING A COMMERCIAL PLANNED ZONING DISTRICT TITLED C-PZD 08-2894 PARK CENTRE, LOCATED AT THE NORTHEAST CORNER OF ZION ROADNETERANS PARK ENTRY DRIVE, CONTAINING APPROXIMATELY 8.58 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 RSF-4, Residential Single Family, 4 units per acre and R-A, Residential Agricultural to C-PZD 08-2894 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 amended to reflect the zoning change provided in Section 1 above. LRYVmove�SG ;may C\SY O * •, -p PASSED and APPROVED this 6th day of May, 2008. _ APPROVED ATTEST: c ; FAYETTEVILLE ; kAN'��J�. By: BY r e G DAN ODY, yor SON RA E. SMITH, City Clerk/Treasurer EXHIBIT "A" Ll CPZD08-2894 PARK CENTRE Close Up View .l} '� �]v`�� - x � lir'', +. 3 K ^' 1 y.[. `*' '2'�eY Y�2'� �" tl3 1 ty1 `S•a....�¢ . � w� �� '�Y �F. �k\ ,� � :�.t s rl r �.1. i'h�) e 3f h'. �'. .., 1 � t ,Sv s ♦ ��S t .£� Y, p afi'tC{vy w,.,t '& :n Li: q { �T�,pwy� . fir• s }t\+ / ,S''� r C �'e ae 1r � ' r kP � t �-�4 � Y�3 C �•.c�f tiY•u r � r. �k' -. y � > �-�Yh �c� ga 3� �Y.�S"F A � �N� �"rt�X .+NK+�' �'� '5i ? 1y�"� JT Yt e ,� � �• )u NM. 'I tr R v(l)1 �" i�q { h. A. / Y 4A Z h L h 1 'h t,.N �y`J1Yt h}C if 1- n`-1 3Y �' � ^• 5Y�- � r `n �r r �`+ rY } srt`.�cx� ¢11M�-,u�r r �t . <s^ C� 1�a yfi "` 1 i 7 ? . •.t''Fr ' " �' d '' r£ r n ," ",P 'n yam , . d\ rl�'Ff Al k 4 r )C cuti v tl i, f'; �t 32 i W \ LZ W 2 >f v Y 2 If IT .. C6 .351 i4 G .-+` Y SUBJECT PROPERTY t* z r r � . �" �. 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''.k�. rNn� i ' ,'. 2- �h • s � , r at�l ' :c - •� r sF` I .ate,. -, ' v�� Overview c o.... 0 75 150 300 45D 600 a Feel ' EXHIBIT "B" C-PZD 08-2894 PART OF THE NORTHWEST 1 /4 OF THE SOUTHWEST 1 /4 OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE SAID NORTHWEST 1 /4 BEING A FOUND NAIL IN WOODEN FENCE POST; THENCE S87° 15 ' 19"E, ALONG THE NORTH LINE OF THE ABOVE SAID NORTHWEST 1/4, A DISTANCE OF 370.01 FEET TO A SET 5/8" REBAR W/CAP (PS 1496) BEING THE TRUE POINT OF BEGINNING; THENCE S87015119"E, CONTINUING ALONG THE ABOVE SAID NORTH LINE, A DISTANCE OF 612 .62 FEET TO A SET 5/8" REBAR W/CAP (PS 1496); THENCE S02044'41 "W, LEAVING THE ABOVE SAID NORTH LINE, A DISTANCE OF 611 .07 FEET TO THE NORTH RIGHT-OF- WAY LINE OF ZION ROAD FROM WHICH A SET 5/8" REBAR W/CAP (PS 1496) BEARS S02044'41 "W A DISTANCE OF 8.63 FEET; THENCE N87010'36"W, ALONG THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 324.97 FEET TO A POINT FROM WHICH A FOUND 5/8" REBAR W/CAP (PS 1287) BEARS S0203114711W, A DISTANCE OF 7.30 FEET; THENCE N87012' 38"W, CONTINUING ALONG THE ABOVE SAID NORTH RIGHT- OF-WAY LINE, A DISTANCE OF 135 . 11 FEET TO A POINT FROM WHICH A FOUND 5/8" REBAR W/CAP (PS 1287) BEARS S02033111 "E, A DISTANCE OF 7. 14 FEET; THENCE N87° 10'47"W, CONTINUING ALONG THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 151 .43 FEET TO A POINT FROM WHICH A 1 /2" REBAR W/CAP (PS 1005) BEARS S02038'22"W, A DISTANCE OF 6.65 FEET; THENCE NO2038 '22"E, LEAVING THE ABOVE SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 610.32 FEET TO THE POINT OF BEGINNING AND CONTAINING 373 ,773 SQUARE FEET OR 8 .58 ACRES, MORE OR LESS. Ord. No. 5134 CONDITIONS OF APPROVAL: C-PZD 08-2894 Page 1 of 6 Staff and the Planning Commission recommend the following conditions of approval associated with C-PZD 08-2894 (Park Centre). Conditions of Approval: 1 . Planning Commission determination of street improvements. Zion Road is currently being improved by the City adjacent to this property as part of the City' s Bond Program Street Projects. This property is subject to Resolution No. 208-07 that specifies that the maximum for off-street improvements on Zion Road on this site is $42,030.00, as the City paid that amount to the developer to purchase the right-of-way for the Zion Road widening. This agreement was provided to the City Council with the understanding that they [the developer] will in turn re-pay this same amount to the City if their development is approved prior to the completion of the Zion Road project. Staff recommends in favor of payment of that amount back to the City prior to building permit, consistent with Resolution No. 208-07. A significant cost of improvements for which the developer normally would be responsible is being borne by the City, in its current construction project along Zion Road. The applicant also proposes to construct a new public street from Zion Road approximately 600 feet through the site connecting to Veteran 's Park The intersection of Zion Road/Vantage Drive will likely be signalized at some point in the future with the addition of traffic from this development and others in the area. With this development proposing to construct the new public street staff is not recommending an additional assessment be paid toward that signal. CITY COUNCIL DETERMINED IN FAVOR OF STAFF'S RECOMMENDATION, 2. Planning Commission determination of a waiver from Fayetteville Unified Development Code Section 166.08(C)(14) to allow for a portion of the new proposed street to have sidewalk only on one side when the Master Street Plan requires sidewalks on both sides of new streets. As proposed, sidewalks would be located along both sides of the new street from Zion Road to just north of the commercial buildings. No further development is proposed on the east side of the road north of this point. The applicant's waiver request discusses that having sidewalk only on the west side of the street through this area of the site helps transition from the retail area to office area and on into the thick tree canopy of the park, and preserves additional tree canopy. Stafffnds in favor of the applicant 's waiver request and agrees with their justification for the waiver to help transition to the park and preserve trees, and also finds that sidewalk on the east side of the street is not needed because development and pedestrian activity is not anticipated in this area of the site. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS WAIVER (03/24/08). 3 . Planning Commission determination of a waiver from Fayetteville Unified Development Code Section 171 .02 requiring a 30' curb return radius at street intersections on a local street. The applicant proposes a 25 ' curb return radius on the west side of the project' s new public Ord. No. 5134 CONDITIONS OF APPROVAL: C-PZD 08-2894 Page 2 of 6 street intersection with Zion Road. The applicant's waiver request discusses the 25 ' radius allows a better alignment of the new street with the existing alignment of Vantage Drive to the south. This waiver makes it easier to provide a three-lane entrance that the applicant feels is crucial to traffic circulation at this intersection. Staff finds in favor of this waiver request agreeing with the applicant 'sjustification for the waiver. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS WAIVER (03/24/08). 4. Planning Commission determination of commercial design standards. a. Planning Area 2 (Office and Residential District). Staff finds that building I generally meets the intent of commercial design standards as it does not have unpainted block walls, does not have metal siding that dominates the main fagade, and does not have out of scale signs with flashy colors. However the proposed structure is a square "boxlike" structure and the large amount of relatively blank glass over all four of the 84-foot high facades could be considered large blank, unarticulated wall surfaces in contrast to UDC Section 166. 14(C). Staffrecommends incorporating additional materials and/or design features to break up these glass facades. One suggestion may be to provide greater relief in the vertical metal accents. b. Planning Area 1 (Market District). Staff finds that buildings 2 and 3 are well- articulated and meet commercial design standards. c. Identifiable Theme. The proposed buildings provide a recurring, unifying theme throughout the site by utilizing similar materials and colors in the commercial/retail buildings and the medical office/residential building. d. Cross-access. Cross-access is being provided for future development and to the park located directly north of the site. PLANNING COMMISSION RECOMMENDED IN FAVOR OF COMMERCIAL DESIGN STANDARDS AS PROPOSED BY THE APPLICANT (03/24/08). 5 . Planning Commission discussion of site layout. Staffhas discussed in several meetings with the applicant concern with the site layout not completely fitting with the goals of the City Neighborhood Area (City Plan 2025) to encourage buildings to better relate to the street, by orienting the buildings to the street with pedestrian walks and hiding the large parking lots behind the buildings. To more fully comply with City Plan 2025 staff would recommend a full evaluation/discussion of the layout of the two buildings in Planning Area 2 (Market District) be oriented north-south to the new public street. The addition of the public street connecting to the park has greatly aided the layout, as opposed to the previous large parking lot layout. . Ord. No. 5134 CONDITIONS OF APPROVAL: C-PZD 08-2894 Page 3 of 6 PLANNING COMMISSION RECOMMENDED IN FAVOR OF THE SITE LAYOUT AS PROPOSED (03/24/08). 6. 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. 7. Should a subdivision of land be desired, all applicable ordinances and processes shall be followed in order to meet city ordinances. 8. Public water and sewer lines and other improvements shall be extended as required by city ordinance at the time of development. 9. All development shall meet applicable building codes and other ordinances of the City of Fayetteville. 10. Future non-residential conditional uses in the zoning criteria shall comply with the minimum standards for development in the Unified Development Code. 11 . Phasing: This project is required to obtain all building permits for the entire development within five years of City Council approval, with the opportunity for a one time, one year extension. 12. Signage: a. Planning Area 1 (Market District). Pole/pylon signs are prohibited. Freestanding and wall signs for this planning area are subject to the commercial requirements of Fayetteville Unified Development Code Chapter 174. b. Planning Area 2 (Office and Residential). Pole/pylon signs are prohibited. Freestanding and wall signs for this planning area are subject to the residential-office requirements of Fayetteville Unified Development Code Chapter 174. 13. Prior to building permit the three existing parcels should be combined into one legal lot or record, or the property lines adjusted to create three lots that correspond to the proposed development. If the property is intended to be subdivided or property lines adjusted, each new future lot shall have access to public water and sewer service in compliance with City ordinance. 3 14. Prior to building permit the construction plans shall be reviewed and approved by the City Fire Department to ensure compliance with applicable City and State fire codes. Ord. No. 5134 CONDITIONS OF APPROVAL: C-PZD 08-2894 Page 4 of 6 15. The PZD plats and LSD site plan should be revised to increase the curb return radius to 20' for the two private driveway entrances onto Zion Road in accordance with the Unified Development Code. Tree Preservation Conditions: 16. Preserved canopy in the northeastern corner of this site must be placed within a Tree Preservation and Recreational Area. This area will be dedicated with the easement plat using the Tree Preservation and Recreational Area signature block for the Urban Forester. 17. All efforts should be made to preserve the trees as shown on the plan during construction. This includes, but is not limited to, the preserved trees around the detention basin within the tree preservation and recreational area, tree 141 near the construction entrance and tree 162 on the western edge of the site. 18. Mitigation will not be required as long as the preserved tree canopy remains at 25% or above. If the canopy falls below 25% during construction, mitigation will be required. 19. All revisions must be made to the Tree Preservation and Protection Plan before final approval. Landscape Plan Conditions: 20. A vegetative buffer is required from the adjacent residential zoning districts. The buffer strip shall consist of a 12' area vegetated with a solid screening of trees and shrubs. The buffer strip shall extend the full length of the eastern and northern property boundary; existing preserved vegetation may be utilized for the buffer. 21 . Street trees are required 1 every 30 feet unless there is existing preserved vegetation. If during the development process, any of the existing trees along the street are damaged or removed, additional trees may be warranted. 22. 15 ' of greenspace is required between parking lots and the right-of-way. Revise the landscape plan to label the right-of-way lines and add a 15 ' greenspace line, and provide 15 ' greenspace as needed. 23 . All of the trees to be planted in urban tree wells shall utilize structural soil, and appropriate notes added to the plans. 24. Before construction document approval, the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. Ord. No. 5134 CONDITIONS OF APPROVAL: C-PZD 08-2894 Page 5 of 6 25. It is understood that vegetation will not be removed within the detention area. Should vegetation be removed the detention area will need to be planted in accordance with City ordinance. The berms around the detention area to be stabilized and revegetated with a minimum of sod or hydroseed. 26. An estimate of material and labor is required for 150% the cost of the required landscape. Once this estimate is approved by the Urban Forester, a letter of credit, bond or check will be held until installation. 27. Chapter 177 requires street trees to be bonded for a 3-year term before final certificate of occupancy. This amount shall be held to ensure the maintenance of the required street trees. Trails Conditions: 28. The primary alternative transportation route between Lake Fayetteville and Mud Creek Trail occurs through this project and down Vantage Street. The new road included in this project will improve this important connection by realigning the Veterans Park Entrance road so it lines up with Vantage Street. Many bicycles will use the new road to access the park so bike symbol chevrons and share the road signs are recommended to be spaced every 300 feet along the new entrance road. See picture attached to the Trails Coordinator' s memo. 29. In addition, the existing park entrance road shall be closed to vehicles and become a trail to provide another point of pedestrian and bicycle access to the park. If any part of this road remains open to vehicles from Zion Road, there will be a potential conflict between vehicles turning north off Zion and the pedestrians and bicycles using the future 10 foot wide sidewalk along Zion. It is recommended to place bollards across this entrance only allowing emergency vehicles to enter at this point, if necessary. Parks Conditions: 30. Payment of parks fees in the amount of $ 10.200.00 for 15 multi-family units shall be submitted prior to issuance of building permits for the residential units. 31 . The diversion island located near the transition of the new public street and Veteran' s Park shall be coordinated with Parks staff prior to building permit. Construction of the connection and diversion island shall be the responsibility of the developer, at the time the street is constructed. Standard Conditions of Approval: 32 . 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. Ord. No. 5134 CONDITIONS OF APPROVAL: C-PZD 08-2894 Page 6 of 6 33 . Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 34. Trash enclosures shall be screened on three sides with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of-way. 35. 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. 36. 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). 37. Provide a CD containing the proposed Large Scale Development drawings in AutoCAD or similar digital format. 38. 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. 39. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 40. 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 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 City of Fayetteville '5 Staff Review Form City Council Agenda Items or Contracts 15-Apr-08 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required : C-PZD 08-2894: Planned Zoning District (Park Centre, 136): Submitted by 142 Engineering, Inc. for property located at the northeast corner of Zion Road and Veterans Park entry drive and contains approximately 8.58 acres. The request is for approval of a Commercial Planned Zoning District with approximately 100,500 s.f. of office, retail and restaurant space and 15 residential units. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 3 .288 Department birec Date Original Contract Date: n/a 3 2 � J �G Original Contract Number: n/a City Attorney o Received in Cityice LR: ,..� Q . �, g3la OLAr Finance and Internal Service Director Date Received in Mayor's Office EN Ep x1 (14 Mayor Date Comments: City Council Meeting of April 15, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations �p From: Jeremy C. Pate, Director of Current Planning 0' Date: March 27, 2008 Subject: Commercial Planned Zoning District for Park Centre (C-PZD 08-2894) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance creating a Commercial Planned Zoning District (C-PZD) for Park Centre, based on the development standards, plans and statement of commitments submitted. This action will establish a unique zoning district for a mixed-use project on approximately 8.58 acres located on the north side of Zion Road, across the intersection of Zion Road/Vantage Drive, and adjacent to the entrance of Veteran' s Park. BACKGROUND The subject property contains three parcels located at 1400, 1606and -1520 Zion Road. The " westernmost property line borders onto the access road to' Veteran's Park - and° the l northeiinmost' property ' line borders Veteran's Park on the south shore 'of Lake Fayetteville:- The property is zoned RSF-4 and R-A and contains three single family residences. The applicant requests rezoning, land use, and large scale development approval . for a mixed use C-PZD consisting of approximately 100,500 square feet of office, retail, and'restaurant space and 15 condominiums. The development proposes two one-story retail/restaurant buildings in the southern portion of the site facing Zion Road, and a six-story office/condo building in the northwest portion of the site. As recommended by the Park and Recreation Advisory Board, staff, and the Planning Commission, the development would extend Vantage Drive north through the development providing a new and improved public street connection to Veterans Park/Lake Fayetteville to the north. The existing vehicular access to Veteran's Park would be retained for non-vehicular access only. In addition, the Parks Board and Planning Commission both agreed that renaming Vantage Drive to Veteran' s Park Boulevard, or something similar, would provide more recognition and knowledge of the park' s whereabouts. This street name change would need to occur with a separate action. DISCUSSION On March 24, 2008 the Planning Commission voted 8-0- 1 (Lack recused) 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 08-2894 PARK CENTRE, LOCATED AT THE NORTHEAST CORNER OF ZION ROADNETERANS PARK ENTRY DRIVE, CONTAINING APPROXIMATELY 8.58 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 RSF-4, Residential Single Family, 4 units per acre and R-A, Residential Agricultural to C-PZD 08-2894 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 amended to reflect the zoning change provided in Section 1 above. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: