HomeMy WebLinkAboutOrdinance 5179 Recorded : I0%10%20080atoo, : 32R30 PM
Fee Amt : $30 . 00 Paoe 1 Of 4
Mashlnoton County , AR
Bette Stamoe Cl rcult Clerk
Flle2008-00033195
ORDINANCE NO. 5179
AN ORDINANCE APPROVING VAC 08-3099 SUBMITTED
BY CRAFTON, TULL, SPARKS & ASSOCIATES FOR
PROPERTY LOCATED IN THE VANTAGE CENTER (R-PZD
05- 1543) TO VACATE A WATER EASEMENT, A TOTAL OF
0.248 ACRES, IN ORDER TO DEVELOP THE VANTAGE
CENTER R-PZD.
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
platted utility easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described utility easement:
See Exhibit `B" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met herein.
1 . A City Inspector shall inspect all relocation activities of the 16-inch water main.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
1�
Page 2
Ord. 5179
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PASSED and APPROVED this 16th day of September, 2008. ==�v.•��TY of °G9'',
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APPROVED ATTEST: FAYETTEVILLE ;
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By: / BY: q _ / r vO;NGTON 0
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer """
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EXHIBIT `B"
VAC 08-3099
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE 1/4 OF
THE SE 1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (T-
17-N), RANGE THIRTY WEST (R-30-W), WASHINGTON COUNTY, ARKANSAS.
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING
17.50 FEET ON EACH SIDE OF AN EXISTING WATER LINE AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST
CORNER OF SECTION 23, T- 17-N, R-30-W; THENCE NO2°47'48"EAST 808.50 FEET;
THENCE N87017' 11 "W 148.40 FEET; THENCE SOUTH 26°27'43"W 21 .85 FEET TO THE
POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC OF A NON-
TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD
BEARING S23033 ' 55"W 308.31 FEET; THENCE S87' 17' 1 1 "E 36.90 FEET; THENCE 308.87
FEET ALONG THE ARC OF A NON-TANGENT CURVE, SAID CURVE HAVING A
RADIUS 3505 .65 FEET AND A CHORD BEARING N23047302"E 308.77 FEET; THENCE
N87017111 "W 38. 16 FEET TO THE POINT OF BEGINNING, CONTAINING 10802
SQUARE FEET OR 0.248 ACRES, MORE OR LESS.
-,
Washington County, AR
I certify this instrument was filed on
10/1012008 01 :32:30 PM
and recorded in Real Estate
File Number 2008-000331
Bette Stamps - Circuit I
by
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ALDERMAN AGENDA REQUEST FORM
79
V#c 6k-35(17
va" C Get`
FOR: COUNCIL MEETING OF September 16, 2008
FROM: Bobby Ferrell '
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
VAC 08-3099 (Vantage Center)
An ordinance to vacate a portion of a waterline easement associated with
the R-PZD 05-1543 (Vantage Center) project.
APPROVED FOR AGENDA:
Alderman Bobby Ferrell Date
Je JG rRaB -os
Y I&te Date
Director of Current Planning
J
City Council Meeting of September 16, 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: September 9, 2008
Subject: Easement Vacation for Vantage Center (VAC 08-3099)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a water easement on the
subject property.
BACKGROUND
The subject property contains approximately 4.68 acres, located at the end of Shepard Lane
between Frontage Road and Steams Street. The City Council adopted an ordinance granting
approval of a Planned Zoning District (R-PZD 05- 1543) on the site on October 4, 2005. The
combination zoning and development action allowed for the development of a mixed use
development consisting of four buildings. Each of the proposed buildings would contain
6,733 SF of non-residential space, twelve two-bedroom units, and seven one-bedroom units,
for a total of 26,932 SF of non-residential space and 76 residential units. The applicant is in
the process of obtaining construction and building permits for the development. In
accordance with City Council approval to waive the expiration of the project on November
20, 2007, all building permits must be obtained by October 4, 2008. There is a 16-inch water
main and associated 35-foot wide water easement that bisects the subject property and the
proposed Vantage Center buildings. This easement must be vacated and the waterline
relocated as part of the Vantage Center development. The vacation is required to be
approved prior to the City issuing building permits for the affected buildings. The applicant
proposes to vacate the 308-foot section of easement that bisects the property (approximately
0.25 acre) and relocate the water line.
DISCUSSION
Notification to adjacent property owners is not required as the waterline easement is located
internal to the property boundaries. The City Water and Sewer Operations Division signed
the utility approval form agreeing to vacate the easement. Staff recommends the following
conditions of approval with the vacation:
• A City Inspector shall inspect all relocation activities of the 16-inch water main.
• Any relocation of existing utilities shall be at the owner/developer's expense.
BUDGETIMPACT
None.
ORDINANCE. NO.
AN ORDINANCE APPROVING VAC 08-3099 SUBMITTED
BY CRAFTON, TULL, SPARKS & ASSOCIATES FOR
PROPERTY LOCATED IN THE VANTAGE CENTER (R-PZD
05- 1543) TO VACATE A WATER EASEMENT, A TOTAL OF
0.248 ACRES, IN ORDER TO DEVELOP THE VANTAGE
CENTER R-PZD.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
platted utility easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described utility easement:
See Exhibit `B" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the . Recorder of the
County and recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met herein.
1 . A City Inspector shall inspect all relocation activities of the 16-inch water main.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
' os4v EXHIBIT "A" a
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EXHIBIT "B"
VAC 08-3099
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE '/4 OF
THE SE 3/4 ) OF SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (T- 17-
N), RANGE THIRTY WEST (R-30-W), WASHINGTON COUNTY, ARKANSAS .
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING
17.50 FEET ON EACH SIDE OF AN EXISTING WATER LINE AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHEAST
CORNER OF SECTION 23, T- 17-N, R-30-W; THENCE NO2°47'48"EAST 808. 50 FEET;
THENCE N87017' 11 "W 148.40 FEET; THENCE SOUTH 26°27'43"W 21 .85 FEET TO THE
POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC OF A NON-
TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD
BEARING S23033 ' 55"W 308.31 FEET; THENCE S87° 17' 1 l "E 36.90 FEET; THENCE 308.87
FEET ALONG THE ARC OF A NON-TANGENT CURVE, SAID CURVE HAVING A
RADIUS 3505.65 FEET AND A CHORD BEARING N23047102"E 308. 77 FEET; THENCE
N87017 ' 11 "W 38. 16 FEET TO THE POINT OF BEGINNING, CONTAINING 10802
SQUARE FEET OR 0.248 ACRES, MORE OR LESS.
PETITION
PETITION TO VACATE A WATERLINE EASEMENT LOCATED IN VANTAGE CENTER MIXED USE
DEVELOPMENT (R-PZD 05-1543) AND AS SHOWN ON EASEMENT DEDICATION PLAT FILED FOR
RECORD #023A-00000308, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned
and vacated, lying in, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is
described as follows:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE '/. OF THE SE %) OF
SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN NORTH (T-1 7-N ), RANGE THIRTY WEST
(R-30-W ), WASHINGTON COUNTY, ARKANSAS.
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING 17.50 FEET ON
EACH SIDE OF AN EXISTING WATER LINE AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 23, T-17-N , R-30-W; THENCE
N 02047'48 EAST 808 .50 FEET; THENCE N87017' 1 VW 148.40 FEET; THENCE SOUTH 26°27'43" W
21 .85 FEET TO THE POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC OF A
NON-TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD
BEARING S 23033'55"W 308 .31 FEET; THENCE S 87017' 11 " E 36 .90 FEET; THENCE 308 .87 FEET
ALONG THE ARC OF A NON-TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3505.65 FEET
AND A CHORD BEARING N 23047'02" E 308.77 FEET; THENCE N 87° 17'11 "W 38. 16 FEET TO THE
POINT OF BEGINNING , CONTAINING 10802 SQUARE FEET OR 0.248 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are VANTAGE CENTER MIXED USE
DEVELOPMENT (R-PZD 05- 1543 ) AND AS S14OWN ON EASEMENT DEDICATION PLAT FILED FOR
RECORD #023A-00000308, City of Fayetteville used by the public for a period of many years, and that the public
interest and welfare would not be adversely affected by the abandonment of the portion of the above described
easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing utility easements and sewer easements as required, and that the above described real
estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that
title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as
to that partiicpcuyll�a�-r land the owners be free front the easements of the public for the use of said alley.
Dated this - I dayof , 20 Dpj .
Vantage Center, A Limited Partnership
By: Vantage-Steams, LLC, Its
Ge er 1 Partner: James E. Linfty, Manager
Pr' ned ame
1/1
Sigr c
I
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 9/3/08
UTILITY COMPANY: City of Fayetteville
APPLICANT NAME: Vantage Center, A Limited Partnership
APPLICANT PHONE: 479-521-6686
REQUESTED VACATION (applicant must check all that apply):
X Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
** Waterline easement to be vacated as shown on the attached easement dedication plat and more particularly
. described below:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE % OF THE SE Y) OF SECTION TWENTY-
THREE (23), TOWNSHIP SEVENTEEN NORTH (T-17-N), RANGE THIRTY WEST (R-30-W), WASHINGTON COUNTY,
ARKANSAS.
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING 17.50 FEET ON EACH SIDE OF AN
EXISTING WATER LINE AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST
CORNER OF SECTION 23, T-17-N, R-30-W; THENCE N 02047'48 EAST 808.50 FEET; THENCE N8701711'W 148.40 FEET;
THENCE SOUTH 26027'43' W 21.85 FEET TO THE POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC
OF A NON-TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD BEARING S 23033.55-W
308.31 FEET; THENCE S 87017'110 E 36.90 FEET; THENCE 308.87 FEET ALONG THE ARC OF A NON-TANGENT CURVE,
SAID CURVE HAVING A RADIUS OF 3505.65 FEET AND A CHORD BEARING N 23047'02' E 308.77 FEET; THENCE N
8701T11'W 38.16 FEET TO THE POINT OF BEGINNING, CONTAINING 10802 SQUARE FEET OR 0248 ACRES, MORE OR
LESS .
UTILITY COMPANY COMMENTS:
* No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
* No objections provided the following conditions are met:
The existing 16" waterline is relocated per plans prepare by Cmfton, Tull & Associates, Inc. labeled Vantage Center Mixed-
use and in accordance with City of Fayetteville Waterline Specifications. p
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City of Fayetteville
Staff Review Form
' City Council Agenda Items
or
Contracts
20 -Nov -07
City Council Meeting Date
• Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2807: Approval of a waiver from the Unified Development Code Ch. 166.20 Expiration of Approved Plans and
Permits, to permit an extension for the Vantage Center Planned Zoning District until October 4, 2008.
i tt
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item C
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Department Director Date Original Contract Date: n/a
City Attorney
Finance and Internal Service Director ? Date
Mayor Date
Original Contract Number: n/a
Received in City Clerk's Office
Received in Mayor's Office
City Council Meetint; of November 20, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 1, 2007
Subject: Vantage Center Planned Zoning District Expiration
RECOMMENDATION
Planning staff recommends approval of a waiver for Vantage Center R-PZD from the
Unified Development Code, §166.20 Expiration of Approved Plans and Permits, with the
condition that all building permits shall be obtained by the applicant prior to October 4,
2008 or the project shall return through the Planned Zoning District review process, in
accordance with the ordinances in place at the time of submittal.
BACKGROUND
N.
The subject property contains approximately 4.68 acres, located at the end of Shepard
Lane between Frontage Road and Steam Street. The City Council adopted an ordinance
granting approval of a Planned Zoning District (R-PZD 05-1543) on the site on October
4, 2005. The combination zoning and development action allowed for the development of
a mixed use development consisting of four buildings. Each of the proposed buildings
would contain 6,733 SF of non-residential space, twelve two -bedroom units, and seven
one -bedroom units, for a total of 26,932 SF of non-residential space and 76 residential
units.
The subject Planned Zoning District was approved in October of 2005, prior to the
adoption of the current Planned Zoning District Ordinance amendments that allow for
larger and more complex projects to request a more reasonable period of time in which to
obtain building permits. When this project was approved, there was in place a blanket
one-year time period in which to obtain all building permits associated with the project.
The Vantage Center project is very similar to the Southern View Phase II PZD in
southwest Fayetteville, which has just been completed. The applicant has chosen to wait
and see how the market would react to a mixed -use produce of this type, before the
substantial investments were made to move forward with the project Now that the
Southern View Phase II project is complete, the applicant has made the decision to move
forward with the project and has applied for grading and building permits.
A one-year approval extension was granted by the Planning Commission on October of
2006, extending the approval to October 4, 2007. While processing the building permits
City Council Meetins'of November 20, 2007
Agenda Item Number
for this development the one-year extension expired and the City can not continue
processing building permits for the subject property. Given the unique nature of the
project being very similar to the Southern View phase II project that was recently
completed, as well as the additional submittal requirements under the new PZD
ordinance, staff would support a waiver from the Unified Development Code to allow for
this project to continue in the process of. obtaining 'building permits without having to
process a new Planned Zoning District application through the development review
process, also meeting all new submittal requirements. We feel it is evident the
applicant/developer is actively pursuing the development of this project, which was the
intent of the ordinance adoption. Staff proposes a time limit on the extension of the
approval of approximately one year, to expire on October 4, 2008. Building permits will
be able to be pulled for the buildings that can be permitted immediately; however, an
existing waterline has to be relocated before permits can be pulled on two of the
buildings, which is another delay in pulling permits. All building permits for Vantage
Center PZD would have to be obtained for this project by October 4, 2008, or the
approvals would expire without the ability to request renewal by the Planning
Commission.
DISCUSSION
None.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE EXTENDING THE
EXPIRATION DATE FOR R-PZD 05-1543
(VANTAGE CENTER) TO OCTOBER 4, 2008...
WHEREAS, after the Vantage Center R-PZD was approved in 2005 the City Council
r.
amended the Planned Zoning District ordinance to allow a greater period of time for large and/or
complex projects to obtain building permits; and
`.r
WHEREAS, the Vantage Center PZD is very similar to the Southern View phase 11
project that was recently completed on the west side of Fayetteville, and the iapIicant chose to
wait and see how the market would react to a mixed=;produce; of this type in tliis`area, before
substantial investments were made to move forward; andf. ;, "�N
WHEREAS, the applicant has decided to move forward with the Vantage Center PZD
project based.on the feasibility of the Southern View phase II project; and
WHEREAS, the developer of Vantage Center has-shownrprogress in recent months in
7.
application for construction and building permits which are expected to be issued within the next
year
NOW,
CITY OF FA
the expiration date of+R=P
appliicani,to obtain all build
cF
}y^F
PASSED and I PPROVI
-Kr
APPROVED:
By:
DAN COODY, Mayor
IT ORDAINED, BY THE CITY COUNCIL OF THE
etvicec•
ouncil'ofthe City of Fayetteville,
3 (Vantage Center) adopted on
;,by October 4, 2008.
day of _ 2007.
ATTEST:
By:
SONDRA
Arkansas hereby extends
Dctober 4, 2005, for the
SMITH, City Clerk
izo vvest Mountain Street
Fayetteville, AR 72701
RE: PZD Expiration
Vantage Center
CTA Job No. 021131-01
Dear Mr. Pate:
On behalf of Mr. Jim Lindsey (a.k.a. Vantage Center LLP), we request the city council's
consideration to allow a one year extension of the Vantage Center Mixed use project to
secure building permits. The approval for this project was conditioned on the PZD
receiving all its building permits within one calandet year. An extension for an additional
year was granted by the planning commission, however the current ordinance does not
allow the planning commission to approve any more time above one year.
This project if very similar to "Southern View phase II", which has just been completed. It
was the intent to see how the market would react to a mixed -use product of this type,
before the big investments were made to move forward. Now that that Southern View
phase II is complete, we should be able to determine the feasibility of this product within
the next few months. Therefore, we have delayed starting construction and pulling
building permits until that determination can be made. Southern View phase II took
longer to construct than was anticipated.
Engineering has .approved the current plans, and a pre -construction meeting has been
held by City of Fayetteville staff for site work. Building permits are being pulled for the
buildings that can be permitted at this time, however an existing waterline has to be
relocated before permits can be pulled on 2 of the buildings, which is another delay in
pulling permits before the deadline date.
We appreciate your assistance with this project and ask that the city council look
favorably on this request. When completed, we believe Vantage Center will be another
true mixed use product the city has been trying develop.
Sincerely,
Crafton, Tull, Sparks & Associates, Inc.
,7 Jerry Kelso, P.E.
Vice President
ORDINANCE NO. 4776
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 05-1543,
VANTAGE CENTER, LOCATED AT THE END OF
S14EPARD LANE ADJACENT TO FRONTAGE ROAD,
CONTAINING APPROXIMATELY 4.7 ACRES, MORE OR
LESS; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF FAYETTEVILLE; AND ADOPTING TI4E
ASSOCIATED MASTER DEVELOPMENT PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is hereby
changed as follows:
From C-1, Neighborhood Commercial and R -A, Residential Agricultural, to R-PZD 05-1543
as shown in Exhibit "A" attached hereto and made a part hereof.
Section 2: That the change in zoning classification is based upon the approved
master development plan, development standards, and conditions of approval as submitted,
determined appropriate and approved by the City Council.
Section 3: That this ordinance shall take effect and be in full force at such time as all
of the requirements of the master development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 4th day of October, 2005.
APPROVED:
By:
By: !�
S NDRA SMITH, Ci Clerk
EXHIBIT "A"
R-PZD 05-1543
TRACT 1 SURVEY DESCRIPTION:
PART OF THE SE 1/4 OF THE SE 1/4 OF SECTION 23, T -17-N, R -30-W,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23, THENCE
N02°47'48"E 480.38 FEET TO THE POINT OF BEGINNING; THENCE N87°17'I 1"W
620.79 FEET; THENCE N02°47'48"E 328.12 FEET; THENCE S87° 17' 1I "E 620.79 FEET;
THENCE S02°4748"W 328.12 FEET TO THE POINT OF BEGINNING, CONTAINING
4.68 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD.
PC Meeting of September 12, 2005
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St
PLANNING DIVISION CORRESPONDENCE phone: (479 AR 78267
Telephone: (479)575-8267
Fayetteville Planning Commission
FROM: Andrew Garner, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: August 30, 2005 14, 2005
R-PZD 05-1543: Residential Planned Zoning District (VANTAGE CENTER,): Submitted
by JERRY KELSO for property located at THE END OF SHEPARD LANE ADJACENT TO
FRONTAGE ROAD. The property is zoned C -1, NEIGHBORHOOD COMMERCIAL and R-
A, RESIDENTIAL AGRICULTURAL and contains approximately 4.68 acres. The request is to
approve a Residential Planned Zoning District with 26,932 square feet retail space, 124
bedrooms, and 187 parking spaces.
Property Owner: VANTAGE CENTER, LLC Planner: ANDREW GARNER
Findings:
Background: This proposal was first heard at Technical Plat Review on June 1, 2005 and was
tabled by staff due to concerns with site development plans. The revisions produced following
subsequent meetings with staff are those presented before the Subdivision Committee.
Property and Setting: The site is located at the end of Shepard Lane in northern Fayetteville
between Frontage Road and Steam Street. The site is largely undeveloped with the existing
Lindsey Communications residential -office building and a gravel drive located in the western
portion of the site. The some stands of mature trees trending north -south through some of the
eastern portions of the site. As depicted in Table 1, the site is surrounded by a mix of
commercial and residential uses.
Table I
Surrnundinn I and IJsn and 7nninn
Direction from Site
Land Use
Zoning
North
Large -lot residential
C-1, Neighborhood Commercial
South
Undeveloped commercial lots
C-2, Thoroughfare Commercial
East
Stearn Street Apartments
R -O, Residential Office
West
Mixed -use commercial
C-2, Thoroughfare Commercial
Water and Server: Water and sewer lines are available to the site.
Adjacent Master Street Plan Streets: Frontage Drive (a Collector Street)
K: Reports120051PC Reports109-12-OAR-PZD 05-1543 (Vantage Center/. DOC
Proposal: The applicant requests a rezoning and preliminary plat approval for a residential
subdivision within a unique R-PZD zoning district. The proposed use of the site is for a mixed
use development consisting of four buildings. Each of the proposed buildings will contain 6,733
square feet of retail space, twelve 2 -bedroom units, and seven 1 -bedroom units. The proposed
uses and parking are detailed in Table 2.
Table 2
Prnnncnd Vnnfana Cnnfnr Raciiianfal DIn nnA 'f....:.... 11:..s..:•
Land Use
Square
Feet
No. of
Units
No. of
Bedrooms
Parking Required
Proposal Per Building
Commercial Retail
6,733
NA
NA
27
Multi -Family Residential 2 -
Bedroom
NA
12
24
24
Multi -Family Residential 1 -
Bedroom
NA
7
7
7
Total
6,733
19
31
58
Proposal for Entire Development (Four Buildings)
Total
26,932
76
124
232'
1 ne aevelopment proposes 1 8/ parking spaces, which is within the +1-30% allowed by ordinance.
The development is proposed to have two means of access with Shepard Lane extending east -
west through the development in a "Main Street" streetscape, linking Frontage Road to the west
with Steam Street to the east. Shepard Lane would incorporate parallel parking and widened
sidewalks, with the majority of parking located to the rear of the four structures. Additionally,
two greenspace areas in the center of the development would be utilized for as park/gathering
areas and stormwater detention. The development is intended to create a true mixed -use
development consisting where residential and commercial uses can co -exist using the same
building, parking areas, and surrounding amenities. The existing residential community to the
east of the site as well as the proposed residential uses on the site will help support the
commercial businesses planned in this development. The development is proposed to be under
single ownership, with dwelling units rented and retail space leased. All interior streets,
landscaping, common areas and buildings would be maintained by the developer. Zoning
criteria for the proposed zoning district is depicted in Table 3.
Street Improvements Proposed: Improvements to Frontage Drive along the project frontage of
14' from centerline including pavement, curb and gutter, and six-foot sidewalks.
Tree Preservation:
Existing Canopy: 21%
Preserved Canopy: 5%
Mitigation Required: 88 onsite trees
K:IReports1200flPC Reports109-12-051R-PZD 05-1543 (Vantage Center)_DOC
Table 3
Vantaae Center Znninn Criteria
Use Units Allowed
Use Unit No.
Permitted Uses
1
City-wide uses by right
2
City-wide uses by conditional use permit
3
Public protection and utility facilities
4
Cultural and recreational facilities
5
Government facilities
12
Offices, studios and related services
13
Eating laces
15
Neighborhood shopping oods
25
Professional offices
26
Multi -family dwellings
Use Unit No.
Conditional Uses
16
Shopping Goods
Trades and services
17 -
Setback Regulations
Front (Along Frontage)
25'
Front (Along Shepard)
0'
Sides
8'
Rear
25'
Building Area
Maximum a 20%
Height Regulations
Maximum 42'
Recommendation: Staff recommends forwarding R-PZD 05-1543 with a recommendation,of
approval to the full Planning Commission with the following conditions:
Conditions of Approval:
1. Planning Commission determination of commercial design standards. Stafffinds that the
building elevations meet the City's commercial design standards by minimizing or
avoiding: unarticulated wall surfaces, square• "boxlike" structures, metal siding that
dominates the main facades, and large out of scale signs. Additionally, the development
provides a unifying and identifiable theme and is compatible with adjacent development.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
K. 1Reports1200APC Reports109-12-0518-PZD 05-1543 (Vantage Center).DOC
2 Planning Commission determination of a waiver request for the requirement of 40' from
an intersection to a curb cut, for the westernmost curb cut along Shepard Lane that is
approximately 35' from Frontage Road. Staff is in support of the request for the
proposed curb cut along Shepard Lane as the entrance fulfills the intent of providing an
enhanced "Main Street" streetscape, along with providing needed parking in the "rear"
to meet ordinance requirements.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
3. All zoning criteria such as setbacks, protective easements, and designated lot uses
(depicted in Table 3 and elsewhere described in this report) are binding with the approval
of the R-PZD. Submitted covenants and building elevations are likewise binding to the
project.
4. Submit a lighting plan in conformance with the City's lighting ordinance.
Street improvements to Frontage Road shall include 14 feet from centerline including
curb, gutter, pavement and 6 -foot sidewalks through the driveway entrance. The
sidewalks on Frontage Road shall connect with existing sidewalk to the north and south
of the driveway. Six-foot sidewalks shall be constructed through the project to connect
Steam Street with. Frontage Road.
6. No fences shall be allowed within utility easements.
7. All monument signage must comply with the sign ordinance.
8. Include the 14 notes that coordinate with the Tree Protection Fencing detail. These can
be found in the Landscape Manual and should be located on the Tree Preservation sheet.
9. Mitigation will be required to replace 15,863 square feet of canopy. Using the mid -level
density factor, 55 2 -inch caliper trees or $13,750 will be required. If not all trees can be
located on -site then a combination of plantings and money in lieu may be approved by
the Urban Forester.
10.. Before approval of building permit a tree and maintenance plan must be submitted for
approval to the Urban Forester.
11. All
trash enclosures
shall
be screened from view with materials that are compatible with
and
complementary
to the
proposed buildings.
12. All utilities shall be screened with materials complementary to the proposed. buildings.
13. Please modify all sheets of the drawings for consistency. regarding the number of parking
spaces: the cover sheet says 187 spaces, the landscape plan says 289 spaces, and the tree
preservation plan says 173 spaces.
14. Dimension the size and location of proposed sidewalks on the site plan and landscape
K: IRepores12005V'C Reportsl09-12-05V2-17D 05-1543 (Vantage Center).DOC
plan.
15. Add a note to the plat that all utilities shall be installed underground and that any existing
utilities over 12 kV shall be relocated underground.
16. All trash enclosures shall be screened from view with materials that are compatible with
and complementary to the proposed buildings.
Standard Conditions of Approval:
17. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
18. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets @ublic and private),
sidewalks, parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with the
City's current requirements.
19. Payment of parks fees in the amount of $29,868 shall be required prior to building
permit. Prior to R-PZD approval, this amount shall be considered and approved by the
Parks and Recreation Advisory Board and City Council [o meet ordinance requirements
for over 100 residential units.
Additional Conditions:
a.
Planning Commission Action:
Recommendation to be:
Meeting Date: September 12, 2005
Comments:
Required YES
X Approved _ Denied
Gigrk-Ayres-a 4 7_p-0
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
K:IReporlsUOO5IPC Reports 109-12-051R-PZD 05-1543 (Vantage Center).DOC
I I
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files
From: Clarice Pearman
To: Pate, Jeremy
Date: 9.24.08 12:53 PM
Subject: Ords. 5176 & 5179
Attachments: 5179 VAC 08-3099 Vantage Center.pdf; 5176 RZN 08-3065 Hedge.pdf
CC: Audit; GIS
Jeremy:
Attached are the ordinances passed by City Council, September 16, 2008. Please let me know if there is anything else
needed for these items. Have a good day.
Thanks.
Clarice
RECEIVED
001022008
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
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 5179
Sept. 25, 2008
Publication Charge : $100.23
Subscribed and sworn to before me
This jo day of ,LpS,tocc. , 2008.
Notary Public &tkg.
My Commission Expires: *a, a d /J.
Do not pay from Affidavit, an invoice will be sent
rO A.
E4.4
' (PRY
RECEIVED
nrr n r nor,
C 1.,- _'IV1, . r
t.
I
ORDINANCE APPROVING VAC 08-3000
OMITTED BY GRAFTON, TULL, SPARKS
LSSOCIATES FOR PROPERTY LOCATED
THE VANTAGE CENTER (R.PZD 0'5-1543)
VACATE A WATER EASEMENT, A TOTAL
O.248 ACRES, IN ORDER TO DEVELOP
O VANTAGE CENTER RAID.
Wt. e evi le
ARKANSAS
WHEREAS, Me City Council has the authority under A.C.A. § 14-54.104 to vacate public grounds
or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the platted utA-
ity easement Is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of Me City of Fayetteville, Arkansas hereby vacates and aban-
dons the following described utility easement
See Exhibit'B- attached hereto and modes part hereof.
Section 2 That a copy of this Ordinance duly certified by the City Clerk along with Me mop
attached hereto and labeled Exhibit'Am shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County
SecBen 3: That this vacation approval is subject to the Conditions of Approval as follows, and shall
not be in effect until all conditions are met herein.
A City Inspector shall inspect all relocation activities of the 16 -Inch water main.
Any relocation of existing utilities shall be at the owner/developers expense.
PASSED and APPROVED this 16th day of September. 2008.
APPROVED: DAN COODY. Mayor ATTEST: SONORA E. SMITH, City Clerk7reasurer
Exhibit A Is a map and may be viewed at the office of the City CledrTeasurw dw-
Ing normal bus)rless hour.
EXHIBIT "B"
VAC 08-3099
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE 1/4 OF THE SE 1/4)
OF SECTION TWENTY-THREE (23). TOWNSHIP SEVENTEEN NORTH (T -17-N), RANGE THIRTY
WEST (R -30-W), WASHINGTON COUNTY. ARKANSAS,
AN EASEMENT OF THIRTY-FIVE (35) FEET EQUAL AND UNIFORM WIDTH, BEING 17.50 FEET ON
EACH SIDE OF AN EXISTING WATER LINE AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 23. T -17-N, R -30-W; THENCE
N02°47'48 -EAST 808.50 FEET; THENCE N87°17'7114 148.40 FEET; THENCE SOUTH 26°27'43W
21.85 FEET TO THE POINT OF BEGINNING AND RUN THENCE 308.42 FEET ALONG THE ARC OF
A NON -TANGENT CURVE, SAID CURVE HAVING A RADIUS OF 3540.65 FEET AND A CHORD
BEARING S23°33'55W 308.31 FEET; THENCE S87°1711.8 36.90 FEET; THENCE 308.87 FEET
ALONG THE ARC OF A NON -TANGENT CURVE, SAID CURVE HAVING A RADIUS 3505.65 FEET
AND A CHORD BEARING N23°47'02'8 308.77 FEET; THENCE N87°1711 W 38.16 FEET TO THE
POINT OF BEGINNING, CONTAINING 10802 SQUARE FEET OR 0.248 ACRES, MORE OR LESS.