HomeMy WebLinkAboutOrdinance 5210 Doc ID : 012679090005 Tvae : REL
Recorded : 01/26/2009 at 11 : 46 : 49 AM
Fee Amt : $35 . 00 Pace 1 of 5
Mashinaton Countv . AR
Bette Stamps Circuit Clerk
F11e2009-00002519
ORDINANCE NO. 5210
AN ORDINANCE ESTABLISHING AN INDUSTRIAL PLANNED
ZONING DISTRICT TITLED I-PZD 08-3062 WESTSIDE
STORAGE, LOCATED AT 1192 NORTH RUPPLE ROAD,
CONTAINING APPROXIMATELY 0.77 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-O, Residential Office to I-PZD 08-3062 Westside
Storage 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.
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PASSED and APPROVED this 6th day of January, 2009. G•°GSA Y O'C'
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APPROV 'D: ATTEST: = ; FAYETTEVILLE ;
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By: '�� By: fin'444 / �� gDuuuuu �
L NELD VkbjdA, Mayor SONDIIA E. SMITH, City Clerk/Treasurer
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EXHIBIT "A"
IPZD08- 3062 WESTSIDE STORAGE
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EXHIBIT "B"
I-PZD 08-3062
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°34' 19"E 267.00
FEET ALONG THE WEST LINE THEREOF, THENCE S87°05 ' 1751E 373 . 10 FEET TO A FOUND
5/8" REBAR, THENCE S02°28'31 "W 92.20 FEET TO THE POINT OF BEGINNING, THENCE
S86049' 36"E 254.23 FEET, THENCE S03021 '48"W 131 .38 FEET, TO THE EXISTING NORTH
RIGHT-OF-WAY OF WEDINGTON DRIVE (ARKANSAS STATE HIGHWAY # 16), THENCE
N870 19' 16"W 252. 18 FEET, ALONG SAID ROW, THENCE NO2°28 '31 "E 133 .56 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.77 ACRES, MORE OR LESS . SUBJECT TO THE
RIGHT-OF-WAY OF WEDINGTON DRIVE (ARKANSAS STATE HIGHWAY # 16) ON THE
SOUTH AND TO ALL OTHER EASEMENTS AND RIGHT-OF-WAYS OF RECORD.
CONDITIONS OF APPROVAL:
I-PZD 08-3062
Page 1 of 2
Conditions of Approval Adopted by the City Council:
Streets and Right-of-Way
1 . Planning Commission determination of design standards. Staff generally finds in favor of the
proposed building elevations as submitted. However, in an effort to present a building that serves
as a screen for the remainder of the storage facility, the applicant shall utilize a varying parapet
or other feature to vary the building fagade and conceal the low sloping roof often associated
with storage facilities.
2. Right-of-way dedication in the amount of 48.5 ' feet from centerline along Wedington Drive shall
be dedicated by warranty deed prior to building permit approval. If right-of-way for Rupple Road
has not been obtained, the applicant shall dedicate 53 .5 ' of right-of-way from centerline prior to
building permit.
3 . The existing north driveway on Rupple Road shall be limited to exit only and shall be clearly
marked with signage indicating such restriction. The existing south driveway on Rupple Road
shall continue to function as an entrance and exit, but shall be signed to prohibit vehicles with
trailers. At the time of project development, all remaining parking spaces shall be removed or
screened adjacent to Rupple Road.
4. Landscaping along Wedington Drive and Rupple Road shall be installed to meet the requirements
of the Landscape Ordinance. A landscape plan will be reviewed at the time of development. As
part of the Rupple Road widening, approximately six trees may be required to be removed. The
City will attempt to protect the trees in front of the storage building along Rupple Road.
However, because their survival can not be guaranteed due to the proximity of the new sidewalk,
the City has agreed to pay Mr. Caudle $3,000.00 for these trees. If the trees survive and are in
good health at the time of development of the PZD, these trees may be counted for the total
required along Rupple Road.
5 . Signage within the I-PZD zoning district shall be in accordance with the R-O zoning district.
6. In addition to the requirement of the Bill of Assurance to preserve 60% of all existing trees with a
caliper of 8" or more, the development shall also be required to comply with the Tree
Preservation requirements as set forth in the Unified Development Code at the time of
development, with a minimum of 25% canopy.
7. The project shall meet the Tree Preservation Ordinance for Planned Zoning Districts (25%
canopy) at the time of development. Mitigation for canopy removed, should it fall below the
minimum percent required to be preserved, shall occur at that time, pursuant to city ordinances.
8. Large scale development approval shall be obtained within one year from the date of City Council
approval of the Planned Zoning District and prior to the commencement of construction. A final
certificate of occupancy shall be obtained within three years from the date of large scale
development approval.
9. 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
CONDITIONS OF APPROVAL:
I-PZD 08-3062
Page 2 of 2
Master Development Plan — Planned Zoning District by the City Council shall also be binding.
Standard Conditions of Approval:
10. 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.
11 . 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.
12. 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.
13. 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).
14. Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar
digital format.
15. 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.
16. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be
located underground.
i Washington County, AR
I certify this instrument was filed on
01 /26/2009 11 :46:49 AM
and recorded in Real Estate
File Number 2009-00002519
Bette Stamps - Circuit Clerk
by
RECEIVED
Ayj',�� c ...r,} {{.,� JAN 20 2009
ArkawaSDemocrat OaxCftC CITY OFFAYETTEVILLE
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Northwest Arkansas Times
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 5210
January 13,2009
Publication Charge : $ 107.60
Signed:
Subscribed and sworn to before me
This /I day of 2009 .
Notary Public
My Commission Expires: y7i/ G o -r?,
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Do not pay from Affidavit, an invoice will be sent .
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City of Fayetteville Staff Review Form I 1 l9
City Council Agenda Items yoZ� p
and
Contracts, Leases or Agreements I P,./z D
12/2/2008
City Council Meeting Date d'tUf�SL.
��pp Agenda Items Only VV
Jeremy Pate` Planning Operations
Submitted By Division Department
Action Required:
I-PZD 08-3062: Planned Zoning District (Westside Storage, 400): Submitted by Steve Clark for property located all
1192 North Rupple Road containing approximately 0.77 acres. The request is for a zoning and land use only
application for an additional climate controlled storage building, a new entrance from Wedington Drive with new
management buildings at that entrance.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
i1 �� 8 Previous Ordinance or Resolution #
Department Director Date
^� Original Contract Date:
Original Contract Numbe
CityyA tome Date
Received in City S
Clerk's Office — 7
Finance and Internal Service Director Date
Received in l� p
p0 ��- 9 Mayor's Office
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Mayor Da e
Comments:
Revised April 16, 2007
S -- e , rlook
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City Council Meeting of December 2, 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: November 13, 2008
Subject: Industrial Planned Zoning District for Westside Storage (I-PZD 08-3062)
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance creating an
Industrial Planned Zoning District (I-PZD) for Westside Storage, based on the
development standards, plans and statement of commitments submitted. This action will
establish a unique zoning district for a self storage facility on approximately 0.77 acres.
BACKGROUND
Westside Storage development totals approximately 5.05 acres with frontage on Rupple
Road and Wedington Drive. The northern part of the property is zoned C-2,
Thoroughfare Commercial and the southern portion is zoned R-O, Residential Office.
Background: The City Council rezoned approximately 3.5 acres of the property on July
17, 1990 with a Bill of Assurance that limited the property as follows: 1) the 3.5-acre
tract shall be limited to mini-storage development only; 2) at least 60% of all existing
trees with a caliper of 8" or more are to be preserved; 3) and access to the 3 .5-acres shall
be restricted to Rupple Road. There are currently 12 mini-storage buildings located on
this portion of the property.
The property owner returned in 2000 with a request to rezone the remaining 1 .5 acres to
C-2. The request was denied by the Planning Commission, but was appealed to the City
Council. During discussions with the City Council, the applicant amended the request to
rezone only 0.52 acres to allow one additional storage building. The City Council
returned the amended rezoning request to the Planning Commission for additional
review. The Planning Commission then forwarded the amended rezoning request to the
City Council with a recommendation for approval and the City Council approved the
request on January 23 , 2001 with a Bill of Assurance that limited the property as follows:
1 ) the 0.52-acre tract shall be limited to a climate controlled storage facility and/or mini-
storage facility; and 2) screening shall be approved by the Planning Commission.
The Planning Commission and City Council noted several times that although rezoning
0.52 acres to C-2 would lead to an additional storage unit, there would still be sufficient
room along Wedington Drive to construct a building in the future that would screen the
storage facility from the street.
City Council Meeting of December 2, 2008
Agenda Item Number
On November 04, 2008 the City Council, by Resolution No. 204-08, approved a
settlement with Westside Storage, Inc. for right-of-way and easement acquisition for the
Rupple Road widening project. As part of this approval, the City Council also officially
permitted access to the development from Wedington Drive which had been restricted by
a Bill of Assurance offered by the property owner in 1990, subject to the applicant/City
agreement.on a negotiated right-of-way purchase.
The applicant requests rezoning and land use approval of an Industrial Planned Zoning
District (I-PZD) to allow for one additional self storage building, manager's office and
sleeping quarters.
DISCUSSION
The Planning Commission voted 7-0-0 in favor of this request on November 10, 2008.
Recommended conditions were approved by the Planning Commission and are reflected
in the attached staff report.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE ESTABLISHING AN INDUSTRIAL PLANNED
ZONING DISTRICT TITLED I-PZD 08-3062 WESTSIDE
STORAGE, LOCATED AT 1192 NORTH RUPPLE ROAD,
CONTAINING APPROXIMATELY 0.77 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-0, Residential Office to I-PZD 08-3062 Westside
Storage 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:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer