HomeMy WebLinkAboutOrdinance 5434 IIIIIIIIIIIIII�INIIIIIIIIIII�IIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doe. ID.__ i,014205860003 Type: REL ..
Klnd: ORDINANCE
Recorded: 09/16/2011 at 01:46:05 PM _
Fee Amt: $25.00 Pace 1 of 3
Washinaton County. AR
Bette Stamps Clrcult Clerk -
FS1e2011-00025976
ORDINANCE NO. 5434
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING
DISTRICT ENTITLED R-PZD 04-01.00, SOUTHERN VIEW II, LOCATED AT
FUTRALL EAST OF I-540, CONTAINING APPROXIMATELY 6.7 ACRES,
TO ALLOW THE ADDITION OF USE UNIT #26, MULTI-FAMILY
DWELLINGS, AS A PERMITTED USE THROUGHOUT ALL OF THE
SPACE IN THE SIX EXISTING MIXED-USE BUILDING ON THE SUBJECT
PROPERTY,AS DESCRIBED HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That Use Unit #26, Multi-Family Dwellings, as defined by the City of
Fayetteville Unified Development Code, is hereby approved as a permitted use throughout all of
the space in the six existing mixed-use buildings, and reflected in the Planned Zoning District
zoning criteria for R-PZD 04-1.00, Southern View II.
Section 2: That the approval of Use Unit #26 as a permitted use on the subject property
shall be conditioned upon the following:
1. Use Unit #26 is permitted throughout 100% of the buildings on the property as shown
on Exhibit"A"without restriction on the total number of dwelling units.
2. That the conversion of buildings on the property for multi-family use is subject to
review in compliance with all applicable development codes.
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 Planning 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.
Page 2
Ordinance No. 5434
PASSED and APPROVED this 16th day of August,2011.
APPROVED: ATTEST:
By: By: IST V✓VlW NNI
,�60fiELD JL90AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•FAYETTEVILLE;
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File Numbers 01 j,o d Clerk
Bette Stamp `►
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/16/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
ADM 11-3906: Administrative Item (SOUTHERN VIEW II PZD AMENDMENT#2, 519): Submitted by LINDSEY
MANAGEMENT COMPANY, INC. for property located on FUTRAL DRIVE AND OLD FARMINGTON ROAD, EAST
OF 1-540. The request is to approve an ordinance amending the approved R-PZD 04-1.00, Southern View II, to permit
Use Unit#26, Multi-family Dwellings as a permitted use throughout all of the buildings on the subject property.
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
�, L,�nac 9g 1a.IAII Previous Ordinance or Resolution#
Department Director Date
n Original Contract Date:
q-22'2+++ Original Contract Number:
City Attor 11 Date
Finance and Internal Services Director Date Received in Citt07_22_1 1 P01 :24 R CV D
Clerk's Office
Chief St �! Date
Received in
Mayor's Office
:JJ !/
Ma r Dat
Comments:
Revised January 15,2009
•
Ta Me vl e THE CITY OF FAYETTEVILLE,ARKANSAS
YDEPARTMENT CORRESPONDENCE
KANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan,City Council
Thru: Don Marr,Chief of Staff �Q
Jeremy Pate, Development Services Director`
From: Andrew Garner, Senior Planner
Date: July 22,2011
Subject: ADM 11-3906 (Southern View II PZD Amendment#2)
RECOMMENDATION
Staff recommends approval of an ordinance amending the Residential Planned Zoning District for Southern View II
(R-PZD 04-1.00), permitting Use Unit #26, Multi-family Dwellings, as a use by right throughout all floors of the
existing six mixed use buildings on the property.
BACKGROUND
Lindsey Management Company, Inc. has submitted a request to amend the approved and completed R-PZD 04-1.00,
Residential Planned Zoning District for Southern View II. The project originally consisted of a mixed-use
development in six buildings. Each building originally contained 6,733 square feet of retail space (on the first floor
only) and 19 multi-family units within the three-story structures, for a total of 40,398 square feet of retail and 114
dwelling units. On September 18, 2007 the City Council approved a modification to the PZD to allow up to 75% of
the overall non-residential square feet on the property to be used as an extended stay hote/motel type use. This space
has been and continues to be occupied for the hotel/motel use. However, there remains 27% of the first floor of the
buildings that remains vacant. The applicant's proposal would permit all six of the completed buildings on this site
to be used entirely for multi-family residences. The applicant's letter discusses that the project was intended to be a
mixed-use project. The apartments on the second and third floors of the buildings have been successful, however
even with constant advertisements and marketing, the retail and commercial space has not attracted a single tenant.
The applicant has indicated that the change in frontage road (Futrall Drive) to one-way traffic has extremely limited
the commercial or retail potential of the site. Staff finds in favor of the applicant's request to add Use Unit #26
throughout all of the existing buildings on the property. It is not an efficient use of the land or buildings to leave 27%
vacant when there is an apparent demand for apartments in that space, and not for commercial use. One of the
primary advantages of a mixed-use project is the flexibility of the buildings to adapt to market changes over time. At
some point in the future the buildings could be converted back for non-residential use. Staff finds that it is
appropriate to modify the zoning on this site to allow for more flexibility as proposed by the applicant, and that this
proposal is consistent with the City Plan 2030 designation of this site as a City Neighborhood Area.
DISCUSSION
This item was not considered by the Planning Commission. Minutes from previous meetings have been included, as
has the staff report from the original Planned Zoning District approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 04-01.00, SOUTHERN
VIEW II, LOCATED AT FUTRALL EAST OF I-540,
CONTAINING APPROXIMATELY 6.7 ACRES, TO ALLOW
THE ADDITION OF USE UNIT #26, MULTI-FAMILY
DWELLINGS, AS A PERMITTED USE THROUGHOUT ALL
OF THE SPACE IN THE SIX EXISTING MIXED-USE
BUILDING ON THE SUBJECT PROPERTY, AS DESCRIBED
HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That Use Unit #26, Multi-Family Dwellings, as defined by the City of
Fayetteville Unified Development Code, is hereby approved as a permitted use throughout all of
the space in the six existing mixed-use buildings, and reflected in the Planned Zoning District
zoning criteria for R-PZD 04-1.00, Southern View II.
Section 2: That the approval of Use Unit #26 as a permitted use on the subject property
shall be conditioned upon the following:
1. Use Unit #26 is permitted throughout 100% of the buildings on the property as shown
on Exhibit"A"without restriction on the total number of dwelling units.
2. That the conversion of buildings on the property for multi-family use is subject to
review in compliance with all applicable development codes.
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 Planning 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 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit 'A"
ADMI13906Southetw VwawH
PZDAmendmeut#2
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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 28, 2011
City of Fayetteville
ATTN: Mr. Jeremy Pate
125 W. Mountain Street
Fayetteville, AR 72701
RE: Southern View PZD
Dear Mr. Pate:
Please treat this letter as a formal request by Southern View, Phase II, a Limited
Partnership (Southern View II) to amend the existing PZD on the property to include the
ability to rent apartments in 100% of the space at Southern View II.
In 2007 the Mixed Use property known as Southern View I1 was completed. This
property consisted of three-story structures, with apartments on the top two floors, and
commercial or retail space on the bottom floor. The apartments were successful,
however, the retail and commercial space was never able to attract a single tenant.
From the commencement of construction up until today, advertisements and real estate
signs have been posted on the site. A senior real estate broker with Lindsey &
Associates, Inc.,has the property listed and actively seeks tenants for Southern View II.
However, it has become apparent that the change in the frontage roads to one-way traffic
has extremely limited the commercial or retail potential for the site.
On August 28, 2007, Southern View II requested that Use Unit 14, Hotel, Motel,
Amusement be added to the majority of the first floor at Southern View 11. That request
was granted by the City of Fayetteville and all but 27% of the first floor was converted
into extended-stay hotel type use. Those units were promptly occupied, and the
remaining retail and commercial has remained vacant.
At this time, Southern View II would like to add Use Unit 26 to all of the first floor at
Southern View II.
Thank you.
Since 1
Jarratt
rporate Attorney
ORDINANCE NO.
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 04-01.00, SOUTHERN
VIEW II, LOCATED AT FUTRALL DRIVE AND OLD
FARMINGTON ROAD EAST OF I-540, CONTAINING
APPROXIMATELY 6.7 ACRES, TO ALLOW THE ADDITION
OF USE UNIT #14, HOTEL, MOTEL AND AMUSEMENT
FACILITIES AS A PERMITTED USE, AS DESCRIBED
HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That Use Unit 414, 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 R-PZD 04-1.00, Southern View II.
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 75% of the overall non-residential
square feet on the property as shown on Exhibit "A", in order to retain a true mixture
of retail uses, as proposed and approved with the original Planned Zoning District for
Southern View IL
2. Any portion of the property or structures designated for non-residential use and hereby
approved for Use Unit #14 shall not be converted to residential use, and shall remit
sales and HMR taxes accordingly. An occupant's stay within any one hotel/motel
room shall be limited to a maximum of 30 days.
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 , 2007.
APPROVED: ATTEST:
By: BY:
DAN GOODY,Mayor SONDRA SMITH, City Clerk/Treasurer
