HomeMy WebLinkAboutOrdinance 5267 Doc ID : 013083790002 Type : REL
Kind : ORDINANCE
Recorded : 09/23/2009 at 11 : 32 ; 24 Ary
Fee Amt : $20 . 00 Pace 3 of 2
Mashington Count, . AR
Bette Stamps Clrcult Clerk
Flle2009-00030679
ORDINANCE NO, 5267
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT
ENTITLED R-PZD 07-2452 LINKS AT FAYETTEVILLE TO ALLOW THE
ADDITION OF USE UNIT # 14, HOTEL, MOTEL AND AMUSEMENT FACILITIES
AS A PERMITTED USE IN PLANNING AREA III, AS DESCRIBED HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That Use Unit # 14, Hotel, Motel and Amusement Facilities, as defined by the City of
Fayetteville Unified Development Code, is hereby approved as a permitted use and reflected in the
Planned Zoning District zoning criteria for Planning Area 111 R-PZD 07-2452, Links at Fayetteville.
Section 2. That the approval of Use Unit # 14 as a permitted use on the subject property shall be
conditioned upon the following:
I . Use Unit 414 shall be limited to a maximum of 50 of the multi-family residential units
approved in Phase I as shown on Exhibit "A", in order to retain the residential nature of the
development, as proposed and approved with the original Planned Zoning District for the
Links at Fayetteville.
2. Any portion of the property or structures designated for non-residential use and hereby
approved for Use Unit # 14 shall remit sales and HMR taxes accordingly.
Section 3 . That this ordinance shall take effect and be in full force at such time as all of the
requirements of the Planned Zoning District have been met.
Section 4. That the Planned Zoning District ordinance and 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 18" day of August, 2009.
APPRO ATTEST:
J—�ij{t V I Gr\rm °nGnr
Mayor SO -E. SMITH, Cit) uDO ELJr.
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/18/2009
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
ADM 09-3363: Links at Fayetteville R-PZD Amendment No. 2: Submitted by Lindsey Management Company, Inc. for
property located north of Wedington Drive and east of Rupple Road. The request is to approve an ordinance
amending the approved R-PZD 07-2452 Links at Fayetteville, to permit Use Unit #14, Hotel, Motel and Amusement
Facilites as a permitted use in Planning Area III.
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
�„ �}- • 4 Previous Ordinance or Resolution #
Depart ent Direc r � Date
,,,Jo-til 'r�"- F•' Ke �' 2 Original Contract Date:
Jia41 '� tG�f'' aG rh I , r, f'-\ �u 3J ��J . I•^ U:.vy
7 ' 30 —0'7 Original Contract Number:
City Attorney Date
F&naatncd Internal Se�rv�ic�es Director Date Received in City
//' ,��r^'" Clerk's Office
�/l
ff Date ENT tD
Received in 3a�
Mayor's Office
L�Uay r
Comments:
Revised January 15, 2009
City Council Meeting of August 18, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Don Marr, Chief of Staff
From : Jeremy C. Pate, Development Services Director
Date: July 29, 2009
Subject: Links at Fayetteville R-PZD Amendment No. 2: Permit Use Unit # 14
RECOMMENDATION
Staff recommends approval of an ordinance amending the Residential Planned Zoning
District for the Links at Fayetteville (R-PZD 07-2452), permitting Use Unit # 14, Hotel,
Motel and Amusement Facilities, as a use by right in the first phase of Planning Area III.
BACKGROUND
Lindsey Management Company, Inc. has submitted a request to amend the approved (and
partially contructed) R-PZD, Residential Planned Zoning District for the Links at
Fayetteville. The project was approved by City Council on May 15, 2007 on appeal from the
Planning Commission ' s denial of the project. The project consists of a residential
development with 1 ,221 dwellings as well as 91 ,880 square feet of non-
residential/commercial space, and 16,388 square feet of recreational buildings.
The request is to allow for 50 of the multi-family residential units (Planning Area III) that
have already been constructed as part of Phase I to be utilized for short term rentals/extended
stay motel type use, which is only permitted under Use Unit # 14, Hotel, Motel and
Amusement Facilities. When the PZD was approved, it did not include this as a permitted or
conditional use in Planning Area Ill, Multi-Family/Golf Course.
Staff finds in favor of the proposed concept to add Use Unit # 14, finding that a hotel/motel
use would be a compatible and complementary use in this area. As proposed by the applicant,
a condition states that a maximum of 50 out of 1 ,221 (4.0%), of the units will be operated as
an extended stay motel type operation which will ensure that the predominantly residential
nature of the development will be maintained.
DISCUSSION
This item was not considered by the Planning Commission.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 07-2452 LINKS AT
FAYETTEVILLE TO ALLOW THE ADDITION OF USE UNIT
# 14, HOTEL, MOTEL AND AMUSEMENT FACILITIES AS A
PERMITTED USE IN PLANNING AREA III, AS DESCRIBED
HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That Use Unit # 14, Hotel, Motel and Amusement Facilities,
as defined by the City of Fayetteville Unified Development Code, is hereby approved as a
permitted use and reflected in the Planned Zoning District zoning criteria for Planning Area III
R-PZD 07-2452, Links at Fayetteville.
Section 2. That the approval of Use Unit # 14 as a permitted use on the subject
property shall be conditioned upon the following:
1 . Use Unit # 14 shall be limited to a maximum of 50 of the multi-family residential units
approved in Phase I as shown on Exhibit "A", in order to retain the residential nature
of the development, as proposed and approved with the original Planned Zoning
District for the Links at Fayetteville.
Section 3 . That this ordinance shall take effect and be in full force at such time as all
of the requirements of the Planned Zoning District have been met.
Section 4. That the Planned Zoning District ordinance and 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 12009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
_.
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Lindsey Management Co. , Inc.
1200 E. Joyce Boulevard ■ P.O. Box 13000 ■ Fayetteville, AR 72703 ■ (479) 521 -6686 ■ Fax (479) 527-8840
June 17, 2009
Mr. Jeremy Pate
Director of Current Planning
113 West Mountain Street
Fayetteville, AR 72701
RE: Modification of Links at Fayetteville PZD
Dear Mr. Pate:
Lindsey Management Company, Inc., (Lindsey Company) on behalf of The Links at
Fayetteville, a Limited Partnership, would like to request a modification of the Links at
Fayetteville PZD, to allow Use Unit 14, Hotel, Motel, and Amusement facilities as a
permitted use for a certain part of the owesidential portion of the project. The Lindsey
Company is requesting proper zoning in order to operate short term rentals know as
Executive Units. The Lindsey Company has offered Executive Units at The Links at
Fayetteville since it has opened for business, however, we have only recently been made
aware that we need to add the Use Unit 14 to operate short term rentals.
The Links at Fayetteville is seeking to make the current use of the property in full
compliance with the City' s zoning regulations, There will ba no change in use or
appearance of The Links at Fayetteville.
If there is any other information that can be provided, or any way that I can help, please
let me know.
JEnclosure
Law
Taye �1� Planning Commission Meeting
ARKANSAS March 12, 2007
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Maf 'r,-x'007 Conditions ofA proval Updated March 28. 2007
R-PZD 07-2452: Planned Zoning District (THE LINKS AT FAYETTEVILLE,
400.401.361.362): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property
located at THE NORTHEAST CORNER OF WEDINGTON AND RUPPLE ROAD. The
property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 05- 1636
(WELLSPRING) and contains approximately 152.23 acres. The request is for zoning and land
use approval only for a new R-PZD. The proposed R-PZD would allow 1 ,221 residential
dwelling units, 91 ,800 square feet of non-residential/commercial space, and 16,388 square feet of
recreational buildings. The non-residential and recreational portions of the development would
contain a golf course, a commercial `market' area, green space, park, and associated parking.
Property Owner: Lindsey Management Company, Inc.
Planner: Andrew Garner
Findings:
February 26, 2007 Planning Commission Meeting: This item was tabled by the Planning
Commission on February 26, 2007. The main issues of concern to be addressed in the next
submittal included: additional public street connections in the northwest and southwest comers
of the site; address how the retail/commercial interacts with surrounding and proposed onsite
residences; scale, mass, buildings, and unit types should be more varied; and commercial out-lots
on the southern end of Rupple Road would be encouraged.
March 12, 2007 Planning Commission Revisions: The applicant has revised the proposed
Master Development Plan with the following items:
1 . Eliminated the mixed use and apartment buildings along Rupple Road and provided
166 townhouses/rowhouses, and three commercial/retail buildings.
2. Introduced a 4-story version of the "Churchill Building" to provide alternative
massing throughout the development with the 3-story "Churchill Building".
3 . Thirty percent of the multi-family units will be offered for sale as condominiums for
each phase of the development.
K.Weports120071PC Reporis103-11-0718-P7D 07-2452 (Links n Fayetteville).doc
4. Revised the layout of the tennis court and clubhouse area to provide additional tree
preservation.
5. Added a public street connection from the northern portion of the public street, west
to Rupple Road.
6. Added a private street connection between the two private parking lots in the southern
portion of the site. These parking lots connect the public street with RuppleRoad.
7. These changes reduced the number of dwelling units from 1 ,420 to 1 ,221 and reduced
the amount of non-residential square feet from 140,013 to 108, 188.
Background: This property was rezoned from RSF- 1 , Single-Family One Units Per Acre and R-
A, Residential-Agricultural to Residential Planned Zoning District (R-PZD) 05- 1636, Wellspring
on March 7, 2006. The approved R-PZD zoning criteria allows for a mixed use residential
development in seven Planning Areas, each with its own unique permitted and conditional uses,
building setbacks, lot width and area, density, intensity of nonresidential space, maximum
number of dwelling units, phasing density, intensity of nonresidential space, maximum number
of dwelling units, and phasing for construction. The approved zoning allows for a total of 1 , 175
dwelling units for the site, a maximum of 548,000 square feet of nonresidential space.
Approximately 40 acres (26% of the site) has been designated for city parks, community
greenspace, trail systems and/or tree preservation and undisturbed areas. The approved Master
Development Plan is centered on a pedestrian-friendly, traditional urban design approach
utilizing a mixture of uses in the same area, while providing for a variety of home styles and
types. The applicant for this project proposes an entirely new R-PZD Master Development Plan
and zoning criteria.
Property: The subject property contains 152.23 acres. The property is located on the north side
of Wedington Drive and east of Rupple Road, with frontage on both of those streets. The
property is undeveloped, with primarily agricultural pasture land. There are large groupings of
high priority/significant trees located in areas on the site, but a majority of the property exists in
pasture, with a few remaining single family homes. A creek enters the property from the east
and travels north to Hamestring Creek. Bryce Davis Park is located directly adjacent to the east,
as well as some single family subdivisions and multi-family development. To the north is
undeveloped farmland. Surrounding land use and zoning are listed in Table 1 .
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North LaMely agricultural RSF-1 , RSF-41 R-A
South Commercial strip center, mini-storage C-2, R-A
East Single family, multi-family homes RSF-4, R-O, C-1
West Developing subdivisions and single family homes RSF-4, RSF-1
Proposal: The request is rezoning and land use approval only for a Master Development Plan of
a Residential Planned Zoning District with 1 ,221 attached dwellings as well as 91 ,800 square
feet of non-residential/commercial space, and 16,388 square feet of recreational buildings. If the
PZD be approved as proposed the project would be required to go through Large Scale
Development and/or subdivision approval prior to development.
KAReporrs120071PC Reports103-12-MR-PW 07-2152 (Links (a Fa)vueville).d"
Master Development Plan: The proposed uses over the site are listed in Table 2.
Table 2
Master Development Plan
TYPE OF PLANNING RESIDENTIAL RESIDENTIAL NOW NOW ACRES % OF
USE AREA DENSITY UNITS RESIDENTIAL RESIDENTIAL SITE
(UNITS/ACRE) INTENSITY SQUARE
(SQ.FT./ACRE) FEET
Multi- PA-4 9. 12 978 NA 9 hole golf 107.27 70.47%
family/Golf course
Course (49. 18 acres)
Dedicated PA-6 NA NA NA NA 17.32 11 .38%
parks
Club House PA-3 0. 19 1 31170 16,388 5. 17 3.40%
Mixed Use PA-5 25.00 76 83651 26,300 3.04 2.00%
Commercial PA-11 2 N/A N/A 8,260 65,500 7.93 5.21 %
Town PA-7 15.00 166 NA NA 11 .5 7.55%
Homes
TOTAL 1 8.02 11221 1 711 108,188 152.23 100.00%
The mixture of uses on the project provides for multi-family buildings, mixed use buildings with
commerciallretail space at the street level and residences in the upper levels, townhouses, and
solely commercial buildings. The project also proposes a nine-hole golf course, a swimming
pool, a tennis court, and a club house. Additional amenities include lakes, playgrounds, and
picnic areas.
The Master Development Plan generally clusters the development along Rupple Road and
interior to the site, with the nine-hole golf course and park area around the perimeter. Zoning
Criteria for each Planning Area is provided in duplicate on the PZD booklets and plats submitted.
The structures are generally located facing either onto the three main public streets or the golf
course around the perimeter of the development.
Adjacent Master Street Plan Streets: Rupple Road (Principal Arterial), Wedington Drive
(Principal Arterial).
Access: Access to the site is provided from Rupple Road and Wedington Drive (State Highway
16). There is also a stub-out to the property from a subdivision to the northeast that would be
connected with this R-PZD. Primary access points are to be by way of public streets into the
development, which will become primary entrances in two locations, one on Wedington Drive
and one on Rupple Road. There are also three other proposed entrances onto Rupple Road in the
0.7 miles of frontage, with the potential for traffic signalization on Rupple Road, and at the
project's entrance onto Wedington Drive, subject to city approval. The developer will be
responsible for significant improvements to Rupple Road and signalization as permitted to be at
the cost of the developer, based on the traffic generated by this development. A detailed,
K.IReportA20071 PC Report.003-12-071 R-PZD 07-2452 (Links Ca FtUviteville).doc
updated traffic study will be required at the time of development.
A Master Street Plan Amendment to re-align Rupple Road at the north end of the site was
approved by City Council as part of the Wellspring project. The approved re-alignment is
consistent with the configuration of Rupple Road as indicated on the proposed plats.
Interior to the project, three primary public streets are proposed, one off of Wedington Drive and
one off of Rupple Road, and a third connecting to an existing stub-out in the neighborhood to the
northeast. These three streets connect around a traffic circle in the central portion of the site.
Parking lot drive aisles provide access to a majority of the multi-family buildings, as well as
interior connectivity throughout the development. Since the previous submittal, a public street
connection from the northern portion of main north-south street west to Rupple Road has been
added. There is also a private street connection between two private parking lots in the
southwestern portion of the site
Right-of-way to be dedicated: 55 ' from centerline right-of-way along the project's Rupple Road
and Wedington Drive frontages. Dedication by warranty deed is required along Wedington
Drive as it is a State Highway (Hwy. 16), dedication of right-of-way for interior streets.
Connectivity: Four points of access are provided to the west on Rupple Road. The existing
street stub-out in the subdivision to the east will be connected to this development and pedestrian
and park connection will be provided to the east. The property would access Wedington Drive in
the southeast corner of the property. No connection is currently being provided-to the north, due
to the design of the golf course.
Parking: Parallel parking for the mixed use, residential, and commercial areas is proposed along
the public streets interior to the project. In addition, parking lots are located interior to the
project. The majority of off-street parking lots are located behind the buildings so that they are
screened from public view.
Phasing: Three phases are planned for Links at Fayetteville over the next several years as listed
below and provided in the PZD Booklet. All permits required for development within these
phases are required to be obtained within the specified timeframe. A one-year extension may be
permitted, subject to Planning Commission approval.
Phase No. Year
Phase 1 2008
Phase 2 2014
Phase 3 2018
Water & Serer: Water and sewer lines would be extended to serve the development.
Parks: The Park and Recreation Advisory Board (PRAB) recommended on January 8, 2007 to
accept a combination of land and money in lieu of land for this project. The developer has
agreed to the following:
The developer shall dedicate approximately 17.32 acres of land adjacent to Bryce Davis
KlReports120071PC Reports103-12.071R-PW 07-2452 (Links ® Fa)elleville).doc
Park. In addition, the developer would pay the City $ 138,000 money in lieu for the
remaining 3 .45 acres of required land dedication (20.77 acres required — 17.32 acres
dedicated = 3.45 acres short/0.017 acres = 202.94 units X $680.00 = $ 138,000.00).
■ The developer shall construct a 6' high wrought iron fence between the proposed golf
course and the proposed park area.
• The existing lake located within the proposed park land area shall remain with the
following conditions:
■ Overflow from said lake shall flow to a second lake to be constructed off
park land from which the developer will draw irrigation waters.
A well shall be constructed off park land and maintained by the developer
form which water will be deposited into the existing lake to maintain an
elevation to be agreed upon by the developer and Parks Board. Said well
will also provide water to the "lower" irrigation lake via a second line.
• The existing lake shall be altered only to the degree necessary to provide
storm water detention for the drainage area it now serves.
■ If requested by the City, a "shelf' shall be constructed in the existing lake
that is 1 ' below the established water level indicated in above and extends
3 ' — 5 ' from the existing shoreline at the developer's expense.
• An agreement will be necessary to provide the flow of water from the pond on the park
property to the irrigation pond.
■ On-street parking shall be constructed by the developer along a section of public street
bordering the proposed park land. A minimum of eight spaces shall be provided.
Solid Waste Service: In its review of this R-PZD, the Solid Waste Division recommended
considering compactor service, and also stated that if dumpsters are used they must all be angled
in the same way on each street.
Tree Preservation: The R-PZD indicates the general location of several tree preservation
areas throughout the site. This development will be required to comply with the Tree
Preservation requirements as set forth in the Unified Development Code at the time of
development.
Public Comment: City staff has not received public comment on this R-PZD.
Recommendation: Finding that the proposed rezoning and development approval does not . .
meet some of the primary goals of the Planned Zoning District ordinance and policies adopted
within the City Plan 2025 as noted herein, staff recommends denial of R-PZD 07-2452.
Should the Planning Commission forward this project to the City Council with a
recommendation for approval, staff recommends the following conditions of approval:
Conditions of Approval:
1 . Planning Commission determination of street improvements. Street improvements at the
time of development shall include those determined necessary by the Planning
Commission, based upon the development proposed. A traffic study shall be prepared
KAReports120071PC Report<I03-12-071R-PM 07-2452 (Links @ Fayeuevdle).do
based on the proposed development. Staff will recommend street improvements
warranted with development of the subject property. Based on the traffic study for the
Wellspring PZD on the property which is close in residential trips generated, staff will
likely recommend the following street improvements:
a. Installation of new traffic signals on Rupple Road and on Wedington, as
determined through development review;
b. Constructing the eastern half of Rupple Road to its Master Street Plan
designation along the project frontage (two travel lanes and half of a boulevard);
c. Construction of street improvements south of Rupple to Wedington with
appropriate transition lanes and relocation of existing signal to accommodate
additional lanes.
2. Planning Commission determination of adequate connectivity. Four points of access are
provided to the west on Rupple Road. The existing street stub -out in the subdivision to
the east will be connect to this development and pedestrian and park connection to the
east. The property would access Wedington Drive in the southeast corner of the property.
No access to the north is provided due to the location of the golf course. •
3. Planning Commission determination of a waiver of minimum street design standards.
The applicant requests a waiver to allow a different street cross section than are required
by the current Master Street Plan standard (UDC §166.06 (K)(10)(a) and 166.08(C)(14)).
The applicant proposes a 60' public right-of-way for the three public streets. This street
section would provide for two traffic lanes and parallel parking on either side of the
street. This street section is currently not included in the City's Master Street Plan and
would require a waiver of the street design standards. Staff is in support of the requested
60street section finding that parallel parking along either side of the street and two
travel lanes would provide for safe ingress/egress through the development. Additional
design review and recommendations regarding the Town Center "square" will occur at
the time of development, and may require revision after a detailed evaluation.
4. This project is required to go through Large Scale Development and/or subdivision
review and approval prior to construction.
5. The applicant shall dedicate right-of-way a minimum of 55' from centerline of Rupple
Road and Wedington Drive. Right-of-way width for the internal public streets would be
60' to accommodate the on -street parallel parking. Right-of-way shall be dedicated by
easement plat for Rupple Road and the internal public streets, and by separate document
for Wedington Drive (State Highway 16).
6. The project is subject to the project phasing listed in the project booklet and noted below.
All permits required for development within these phases are required to be obtained
within the specified timeframe. A one-year extension may be permitted, subject to
Planning Commission approval.
K.1Repor1st20071PC Reports103-12-071R-PZD 07-2452 (Links @ Fayeteeville).doc
Phase No.
Year
Phase 1
2008
Phase 2
2014
Phase 3
2018
7. All trash enclosure locations and dimensions shall be fully reviewed and approved by the
Solid Waste Division at the time of development.
8. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
9. Buildings shall be constructed to be consistent with the elevations and concepts depicted
in the building elevations in the booklet as specified. Building elevations will be
reviewed at the time of large scale development and building permit.
10. The Park and Recreation Advisory Board (PRAB) recommended on January 8, 2007 to
accept a combination of land and money in lieu of land for this project. The developer
has agreed to the following:
a. The developer shall dedicate approximately 17.32 acres of land adjacent to Bryce
Davis Park. In addition, the developer would pay the City $138,000 money in
lieu for the remaining 3.45 acres of required land dedication (20.77 acres required
— 17.32 acres dedicated = 3.45 acres shord0.017 acres = 202.94 units X $680.00 =
$138,000.00).
b. The developer shall construct a 6' high wrought iron fence between the proposed
golf course and the proposed park area.
c. The existing lake located within the proposed park land area shall remain with the
following conditions:
i. Overflow from said lake shall flow to a second lake to be constructed off
park land from which the developer will draw irrigation waters.
ii. A well shall be constructed off park land and maintained by the developer
form which water will be deposited into the existing lake to maintain an
elevation to be agreed upon by the developer and Parks Board. Said well
will also provide water to the "lower" irrigation lake via a second line.
iii. The existing lake shall be altered only to the degree necessary to provide
storm water detention for the drainage area it now serves.
iv. If requested by the City, a "shelf' shall be constructed in the existing lake
that is 1' below the established water level indicated in above and extends
3' — 5' from the existing shoreline at the developer's expense.
d. An agreement will be necessary to provide the flow of water from the pond on the
park property to the irrigation pond.
e. On -street parking shall be constructed by the developer along a section of public
street bordering the proposed park land. A minimum of eight spaces shall be
provided.
11. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified
K:I Reports120071PC Reportsl03-12-071R-PZD 07-2452 (Links @ Fayetteville). doe
Development Code.
12. Depending on the time of development, the developer may be responsible for
contributing to the interim solution for wastewater capacity issues in the Hamestring
basin, as determined by Engineering staff and Planning Commission at the time of
development.
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.
14. This development shall be required to comply with the Tree Preservation requirements as
set forth in the Unified Development Code at the time of development.
15. Street trees shall be provided along public streets pursuant to city codes at the time of
development.
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The items in this condition have been addressed in the revised plats and booklets.
Standard Conditions of Approval:
K:IReports120071PC Reports103-12-0718-P7D 07-2452 (Links @ Fayetteville).doc
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. Trash enclosures shall be screened on three sides with materials compatible with the
surrounding structures, with access not visible from the street.
19. 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 City's
current requirements.
20. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
21. Street lights shall be installed adjacent to all public and private streets (not alleys), with a
separation of no greater than 300 feet.
22. 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.
23. 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.
d. Project Disk with all final revisions
e. 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.
K. IRepor1s120071PC Reportsl03-12-071R-PZD 07-2452 (Links @ Fayetteville). doe
Planning Commission Action:
X Tabled Forwarded to C.C. (recommendation for approval) Denied
Motion: Anthes
Second: Ostner
Vote: 4-3 (Graves, Trumbo, Lack voted 'No')
Meeting Date: March 12, 2007
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K: IReports120071PC Reporis103-12-0718-PZD 07-2452 (Links @ Fayelleville).doc
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Ktus1`� Q d " ^ City Council Meeting of August 18, 2009
Q¢ o B 11-pq Agenda Item Number
CITY COUNCIL AGENDA MEMO
7'o: Mayor and City Council
'1'hru: Don Marr. Chief of Staff
From: Jeremy C. Pate, Development Services Director 0\
Date: July 29, 2009
Subject: Links at Fayetteville R-PZD Amendment No. 2: Permit Use Unit #14
RECOMMENDATION
Staff recommends approval of an ordinance amending the Residential Planned Zoning
District for the Links at Fayetteville (R-PZD 07-2452), permitting Use Unit #14, Hotel,
Motel and Amusement Facilities, as a use by right in the first phase of Planning Area ill.
BACKGROUND
Lindsey Management Company, Inc. has submitted a request to amend the approved (and
partially contructed) R-PZD, Residential Planned Zoning District for the Links at
Fayetteville. The project was approved by City Council on May 15, 2007 on appeal from the
Planning Commission's denial of the project. The project consists of a residential
development with 1,221 dwellings as well as 91,880 square feet of non-
residential/commercial space, and 16,388 square feet of recreational buildings.
The request is to allow for 50 of the multi -family residential units (Planning Area Ill) that
have already been constructed as part of Phase Ito be utilized for short term rentals/extended
stay motel type use, which is only permitted under Use Unit #14, Hotel, Motel and
Amusement Facilities. When the PZD was approved, it did not include this as a permitted or
conditional use in Planning Area III, Multi-Family/Golf Course.
Staff finds in favor of the proposed concept to add Use Unit #14, finding that a hotel/motel
use would be a compatible and complementary use in this area. As proposed by the applicant,
a condition states that a maximum of 50 out of 1,221 (4.0%), of the units will he operated as
an extended stay motel type operation which will ensure that the predominantly residential
nature of the development will be maintained.
DISCUSSION
This item was not considered by the Planning Commission.
BUDGET IMPACT
None.
RECEIVED
SEP 03 2009
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 OFFICt
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 5267
August 26, 2009
Publication Charge :l $A 64.56
Signed:
Subscribed and sworn to before me
This j I day of Q„ , -� , 2009.
Notary Public �
My Commission Expires: MaVL 4..
Do not pay from Affidavit, an Invoice will be sent
RECEIVED
SEP 0 $ 2009
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. SZ87
AN ORDINANCE AMENDING A RESIDENTIAL
PLANNED ZONING DISTRICT ENTITLED R-PZD 07-
ADDI I LINKS FAYETTEVILLEIT#14, HOTEL. TALLOW AND a Ie evl e
AMUSEM NOFT USE UNIT p 1S,PERMMOTEL USE ANDAMU
ANNINS FACILITIESAAESA IBED HEREIN,
IN IrL�
NING AREA III, AS DESCRIBED HEREIN. ARKANSAS
8 IT ORDAINED EV THE CITY COUNCIL
R THE CITY OF FAYETTEVILLE, ARKANSAS:
Lection 1. That Use Unit #14, Hotel, Motel and Amusement Facilities, as defined by the City of
P ayeltevine Unified Development Code, is hereby approved as a permitted use and reflected in the
,Plned Zoning District zoning criteria for Planning Area III R.PZD 07-2452, Links at Fayetteville.
tun 2. That the approval of Use Unit 014 as a permitted use on the subject property shall be
ibarled upon the follovnng:
Use Unit #14 shall be limited toe maximum of 50 of the multi -family residential units approved in
tfla se I as shown on Exhibit A, in order to retain the residential nature of the development, as pro-
xed and approved with the original Planned Zoning District for the Links at Fayetteville.
jMy portion of the property or structures designated for non-residential use and hereby approved
'fur Use Unit 014 sha% remit sales and HMR taxes accordingly.
Section 3. That this ordinance shall take effect and be in full force at such time as all of the require-
ments of the Planned Zoning District have been met.
Section 4. That the Planned Zoning District ordinance and official zoning map of the City of
F ayetteville, Arkansas, is hereby amended to reflect the zoning change provided in Section 1 above.
PASSED land APPROVED this 16th day of August. 2009.
APPROVED ATTEST:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City CI.NyTnewwr