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"
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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
".1A WOVOOS 54SZ40 PON
44V�2 ilqT
.qxa
— Lindsey Management Co., Inc.
1200 E. Joyce Boulevard ■ P.O. Box 13000 ■ Fayetteville, AR 72703 ■ (479) 521-6686 ■ Fax (479) 527-8840
RECEIVED
August 28, 2007 AUG 2 8 2007
CITY OF FAYETrEVILLE
Mr. Jeremy Pate CITY CLERK'S OFFICE
Director of Current Planning
113 West Mountain Street
Fayetteville, AR 72701
RE: Modification Southern View PZD, Phase II
Dear Mr. Pate:
Lindsey Management Company, Inc., (Lindsey Company) on behalf of Southern View
Phase II, a Limited Partnership, would like to request a modification of the Southern
View PZD, Phase Il, to allow Use Unit,14, Hotel, Motel, and Amusement facilities as a
permitted use for a certain part of the nonresidential portion of the project. The Lindsey
Company is requesting proper zoning to convert a certain pw-con of the first floor of the
buildings into an extended stay motel type use. Attached to this letter are diagrams.which
show the areas of the first floor which we would like to allow Use Unit 14 along with
which buildings we are seeking to include as an extended stay motel type use. With the
exception of previously approved apartment units located on the first floor, this area
would be operated as an extended stay motel type operation and would thereby pay sales
and HMR taxes.
The only part of these buildings that will be affected by the additional use will be a
portion of the first floor only. No changes are being sought for the second or third floors.
The Lindsey Company is committed to the mixed use concept which has been promoted
by the City of Fayetteville, and we look forward to working vAth the City to make these
type developments economically and aesthetically successful.'
If there is any other information that can be provided, or any way that I can help, please
let me know.
Thank you.
torney
Stio
de
M
4543
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED (R-PZD 04-01.00)
LOCATED ON FUTRALL DRIVE AND OLD
FARMINGTON ROAD EAST OF I-540 CONTAINING
6.713 ACRES, MORE OR LESS; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING THE ASSOCIATED
RESIDENTIAL DEVELOPMENT PLAN AS APPROVED
BY THE PLANNING COMMISSION.
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-2, Thoroughfare Commercial to R-PZD 04-01.00 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 and development standards as shown on the plat and approved by
the Planning Commission on January 12, 2004.
Section 3. That this ordinance shall take affect and be in full force at such time as
all of the requirements of the 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 I above.
PASSED and APPROVED this the 17`h day of February, 2004.
La
By: fY►u" -�
SO VDRA SMITH, City Clerk
FAY ETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of January 12, 2004
113 W. Mountain St
Fayetteville, AR 72701
Telephone: 501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: January 06, 2004
R-PZD 04-01.00: Residential Planned Zoning District (Southern View II, pp 519) was
submitted by Crafton, Tull & Associates on behalf of Lindsey Management Co. for property
located at Futrall Drive and Old Farmington Road, east of I-540. The property is currently zoned
C-2, Thoroughfare Commercial and contains approximately 6.713 acres. The request is to
rezone the property to a Residential Planned Zoning District to allow for a mixed use
development comprised of 114 dwelling units and 40,398 SF of commercial space proposed.
Planner: Jeremy Pate
Proposal: The request is for a Residential Planned Zoning District on 6.71 acres currently zoned
C-2, Thoroughfare Commercial, directly south of the constructed Southern View Phase I multi-
family development. The applicant requests a rezoning and Large Scale Development approval
for a mixed use development consisting of six buildings. Each of the proposed buildings will
contain 6,733 SF of retail space, 14 2-Bedroom dwelling units and 3 1-Bedroom units.
Proposed Development:
R_P7n Residential Planned Zoning District
--•--- - - -
--- -- -
# of
Parking
Land Use
Square Feet
# of Units
Bedrooms
Required
Bldgs 1-6
CommerciaVRetaii
6,733 SF
NIA
N/A
27 spaces
Bldgs 1-6
Multi -Family Residential
N/A
12
24
24 spaces
2 -Bedroom
Bldgs 1-6
Multi -Family Residential
N/A
7
7
7 spaces
1 -Bedroom
Individual
Mixed -Use
Retail/Multi-family
6.733 SF Retail
19
.31.
58 spaces
Total
Residential
TOTAL
Mixed -Use
Retail/Multi-family
40,398 SF Retail
114
186
348"
(x 6 Bldgs)
Residential
"The applicant proposes 302 parking spaces, which is within the 30% +/- ordinance requirement.
Total proposed dwelling units on the 6.71 acres numbers 114, therefore the proposed density for
the R-PZD is 16.9 DU/acre.
K.'IReports120041PCReports101-12-041R-PM 04-01.00 (Southern Yewn).dx
Access: The development is proposed to have four means of access, two from Old Farmington
Road, one from Futrall Drive and one from the existing Southern View Phase I development to
the north. A pedestrian access has been added from the existing Southern View I apartments,
pursuant to Subdivision Committee discussion. A formal waiver request for the Design Overlay
District requirement of 250 feet between an intersection and a curb cut has been submitted by the
developer- Staff is in support of the request for the proposed curb cuts along Old Farmington
Road. The two entrances fulfill the intent of providing an enhanced "Main Street" streetscape,
along with providing needed parking in the "rear" to meet ordinance requirements. Access on
both sides of the building is desirable for fire protection and emergency vehicles.
Buildings and parking in the development have been situated to create a desirable, pedestrian -
oriented streetscape along the two primary entrances east from Futrall Drive and north from Old
Farmington Road. Parallel parking and 10-foot wide sidewalks are incorporated with the primary
interior streets, and the majority of parking is located to the rear of the structures. Additionally, a
landscape buffer is proposed along Futrall Drive to ameliorate the impacts of proposed parking
tots.
Elevations of the proposed structures have been submitted for Planning Commission review. 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 will be maintained by
the developer.
Existing Development: The site is currently vacant.
V W Direction
Land Use
Zoning
North
Southern View Phase I
Multi -family dwellings
RMF-18, Res. Multifamily, 18 DU/acre
South
Sines AutoBody Shop
C-2, Thoroughfare Commercial
East
Fayetteville Public Schools
P-1, Institutional
West
Futrall Drive, I-540
N/A
Water & Sewer: Water and sewer lines are available to the site.
Phasing.- Phase lines are shown in bold on the site plan, dividing the project construction into
two phases, the first of which will incorporate all street infrastructure, landscaping, sidewalks
and buildings 2 and 5.
Street Improvements Proposed: Improvements to Old Farmington Road a minimum of 14' from
centerline including curb & gutter, pavement etc- Six-foot sidewalks are required to be
constructed along both Futrall Drive and Old Farmington Road.
Adjacent Master Street Plan Streets: Futrall Drive (Collector), minimum of 35 feet from
centerline; Old Farmington Road (Local), minimum of 25 feet from centerline
r-IReports12004VCRepons101-12-041R-PM 04-01.00 (Southern Vtewl[)-da
Tree Preservation: There are no existing trees on -site.
Design Overlay District:
• Greenspace: The applicant has complied with the 25'greensp'ace requirement
along the rights -of -way.
Signage: Monument Sign: The applicant is indicating one (1) monument
sign along Old Farmington Road, to be compliance with DOD
requirements. All sign illumination is to utilize indirect lighting.
Wall Sign: Wall signage is to be determined by tenant occupancy
of the leased Commercial/Retail space. Two wall signs may be
installed per business (two tight -of -way frontages), not to exceed
20% of that wall area or 200 SF, whichever is less.
• Curb Cuts: The applicant requests a waiver of the 250 feet required from
an intersection to a curb cut. The original lot configuration does
not have adequate depth to satisfy the DOD requirement. Staff is in
support of this request.
Lighting: The applicant shall comply with the requirement for 35-foot
maximum height, utilizing full cut-off lighting fixtures that are
shielded and directed downward to the parking lot and light spread
not to reflect into the adjacent properties.
• Exterior appearance: Elevations have been submitted for all four sides of the
building. Planning Commission determination of
architectural treatment of fronts, along with Commercial
Design Standards, is required.
Building Material: Materials samples have been submitted, indicating the
proposed brick colors, etc.
Site Coverage: Approximately 31%of the site has been left in open space.
Fencing: Fencing is not proposed with this development.
Outdoor Storage: N/A
• Access: Pedestrian access is being provided with new 6-foot sidewalks
along Futrall Drive and Old Farmington Road. Bicycle racks are
being provided within the development, as are 10-foot sidewalks
along buildings to allow for spillover and outdoor shopping space.
Y--Meporrs120041PCReports101-12-041R-PZ'04-0/.00 (Southern 1 rewlQ.dx
Background: The proposal was first heard at Technical Plat Review on May 28, 2003 and in
subsequent meetings tabled by staff due to concerns with site development plans. The proposal
was resubmitted and heard at Technical Plat Review on December 17, 2003. The revisions
produced from that meeting and a subsequent meeting with staff were presented before the
Subdivision Committee on December 30, 2003. Discussion at that meeting included breezeways
between buildings, "placemaking" on the empty corner between Bids 3&4, trees along the "Main
Street", pedestrian access to Southern View 1, and graphic treatment of the building elevations.
Recommendation:
Forward to the City Council with a recommendation for approval of the requested
rezoning to R-PZD 04-01.00.
Planning Commission approval of the proposed Large Scale Development plan R-PZD 04-
01.00 subject to the following conditions:
Conditions of Approval:
✓t. Planning Commission recommendation to the City Council regarding the rezoning of the
subject property to the unique district R-PZD 04-01.00 with all conditions of approval as
LL determined by the Planning Commission.
2. An ordinance creating this R-PZD shall be approved by City Council.
3. Planning Commission determination of Commercial Design Standards. Stafffinds the
structures fully meet all aspects of Commercial Design Standards. *Addition to
Condition w/Planning Commission approval: No two facades shall be constructed next
to or across from one another. The end facades shall be addressed to more fully comply
with Commercial Design Standards. The tower element shall not be used more than three
times within the development.
J4. Planning Commission determination of a waiver request for the proposed building within
the 100-foot setback of the 100-year water surface elevation of the proposed retention
pond. Staff is in support of this request.
.t§. Planning Commission determination of a waiver request for the Design Overlay District
requirement of 250 feet between an intersection and a curb cut, along Old Farmington
Road. Approximately 110 feet is the proposed distance from the Futrall Drive intersection
to the first entrance curb cut along Old Farmington Road. Staff is in support of the waiver
request.
6. All setbacks, protective easements, and designated uses are binding with the approval of
the R-PZD. Submitted building elevations are likewise binding to the project.
7. An AHTD permit is required for any work done within the Highway Department right-of-
K-1Reports120041PCReports101-12-041R-PZD 04-01.00 (Southern Vleivll).doc
way
8. Street improvements to Old Farmington Road shall include 14 feet from centerline
including curb, gutter, pavement and 6-foot sidewalks. Six-foot sidewalks are also
required along Futrall Drive, at the right-of-way line.
9. No fences shall be allowed within the utility easements along Futrall Drive and Old
Farmington Road.
10. All parking lot lights are to be shielded, directed downward and away from adjacent
properties utilizing full cut-off sodium lighting fixtures.
11. All signage shall comply with Design Overlay District requirements.
12. All trash enclosures shall be screened from view with materials that are compatible with
and complementary to the proposed buildings.
13. All utilities shall be screened with materials complementary to the proposed buildings.
14. Each building shall be constructed to provide a mixture of facades as viewed from
surrounding drives and streets.
15. The building permit process for Phase II of the current proposal shall begin within one (1)
year from the final Certificate of Occupancy issued for Phase L
Standard Conditions of Approval:
16. 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)
17. 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.
18. Payment of parks fees in the amount of $40,086 shall be required prior to building permit.
Prior to R-PZD approval, this amount shall be considered and approved by City Council
to meet ordinance requirements for over 100 residential units (scheduled for the February
03, 2004 meeting).
19. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
KtReportsl2004WCR"rtskOl-12-041R-PZ) 04-01.00 (southern View/Q.doc
(4) Variety. Providing for a variety of housing types, employment opportunities or
commercial or industrial services, or any combination thereof, to achieve variety and integration
of economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and in the
renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) General Plan. Comprehensive and innovative planning and design of mixed use yet
harmonious developments consistent with the guiding policies of the General Plan.
(10) Special Features. Better utilization of sites characterized by special features of geographic
location, topography, size or shape.
FINDING: The applicant's proposed development introduces flexible land use in this area,
allowing for residential and commercial uses to coincide. Commercial uses are highly desired
in this area, and the 40,398 SF proposed will serve both residents living immediately adjacent
to and citizens visiting the area. The mixed -use development promotes a harmony of
residential and retail, in the traditional sense of neighborhood development. The housing type
proposed will provide a variety from Southern View I, to the north, and will not have a
negative impact future development in the area.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for
Residential Areas which are:
9.8a Utilize principles of traditional residential urban design to create compatible,
livable and accessible neighborhoods.
9.8.e Utilize more intense development patterns downtown, where appropriate, and
encourage mixed uses in new developments to promote better community design,
maintain human scale, and enhance pedestrian activity.
9.8.f Site new residential areas accessible to roadways, alternative. transportation
modes, community amenities, infrastructure, and retail and commercial goods and
services.
KlReports12004lpCReportsl0l-11-041R-PID 04-01.00 (Southern VtewlQ.doc
The proposal is consistent with the General Plan 2020 in which it meets the guiding policies for
Community Commercial areas which are:
9.10.a Provide centers that are accessible and compatible with adjacent residential
development.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policy for
Mixed Use Areas which is:
9.14.a Allow mixing of uses and integration of design through the planning process.
The proposal is consistent with the General Plan 2020 in which it meets the guiding policy for
Community Character which is:
9.191 Allow compatible commercial development within and adjacent to residential
development.
(B) Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in
accordance with the requirements of this chapter and Chapter 166, Development. Each rezoning
parcel shall be described as a separate district, with distinct boundaries and specific design and
development standards. Each district shall be assigned a project number or label, along with the
designation "PZD". The rezoning shall include the adoption of a specific master development
plan and development standards.
FINDING: Staff has reviewed the proposed development with regard to findings necessary
for rezoning requests. Those findings are attached to this report. An ordinance will be drafted
in order to create this Planned Zoning District which will incorporate all conditions placed on
the project by the Planning Commission. This ordinance will be forwarded to the City Council
for approval.*
(C) R - PZD, Residential Planned Zoning District.
(1) Purpose and intent. The R-PZD is intended to accommodate mixed -use or clustered
residential developments and to accommodate single -use residential developments that are
determined to be more appropriate for a PZD application than a general residential rezone. The
legislative purposes, intent, and application of this district include, but are not limited to, .the
following:
(a) To encourage a variety and flexibility in land development and land use for
predominately residential areas, consistent with the city's General Plan and the orderly
development of the city.
(b) To provide a framework within which an effective relationship of different land uses and
activities within a single development, or when considered with abutting parcels of land, can be
planned on a total basis.
(c) To provide a harmonious relationship with the surrounding development, minimizing
K IReports120041PCReportsl0l-12-041R-Pd) 04-01.00 (Southern Vrew1/).doc
such influences as land use incompatibilities, heavy traffic and congestion, and excessive
demands on planned and existing public facilities.
(d) To provide a means of developing areas with special physical features to enhance natural
beauty and other attributes.
(e) To encourage the efficient use of those public facilities required in connection with new
residential development.
FINDING: The R-PZD proposed is consistent with the City's General Plan for mixed -use
development, and allows a more flexible means of development to better accommodate the
need for commercial and residential land use. The harmonious relationship of different land
uses and activities in a single development is promoted by the City's General Plan. Land use
incompatibility is minimized, and public infrastructure improvements will benefit the City.
(2) Permitted uses.
Unit 1
City-wide uses by right
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
UP& 9 Single family dwellings REMOVED BY APPLICANT
unit 9 T' e family dwellings REMOVED BY APPLICANT
unitio T-a^efa ilva...en:^^^ REMOVED BY APPLICANT
Unit 12
Offices, studios and related services
Unit 13
Eating places
Unit 15
Neighborhood shopping
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Professional offices
Unit 26
Multi -family dwellings
FINDING: The applicant is proposing to retain the use of all Use Units associated with the R-
PZD, with the exception of Use Units 8, 9, and 10.
(3) Condition. In no instance shall the residential use area be less than fifty-one percent
(51%) of the gross floor area within the development.
FINDING: Commercial area totals 40,398 SF; residential units comprise two floors of each
building, for a total of 114 units.
*Required Findings for Rezoning Request.
K.lReportsl20041PCReports101-12-041R-PA04-01.00 (Southern Viewlt)-doc
RECOMMENDATION:
LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning
this property to R-PZD 04-01-00 is compatible with surrounding land uses in the area.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent. with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: This area is designated Regional Commercial on the Future Land Use Map.
That designation is reflective of the current zoning of the site which is C-2,
Thoroughfare Commercial. The property to the north, Southern View I, was
rezoned and developed as multi -family residential in 2002-03. Conce� rns citgd
by the Planning Commission at the time regarding the loss of mime
commercial space are included in the minutes of the Rezoning request (see
attached). The R-PZD proposal helps alleviate some of those concerns by
providing needed commercial space along a major corridor, with a
residential component, which historically provides potential for safer
neighborhood shopping and longer business hours. Connectivity of
pedestrian and vehicular access routes will satisfy the City's policies of
connectivity and providing mixed use areas in appropriate areas.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A desire for commercial land use in this area has been expressed by Planning
Commission and City Council, specifically with the Rezoning request of the
northern property in 2002. In order to facilitate a development that fulfills
the objectives of the city and the needs of the developer, a rezoning request to
utilize mixed use development in an R-PZD is justified.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will increase traffic in the area. The streets
surrounding the property are classified as a Collector (Futrall) and a Local
(Old Farmington). A Collector Street is designed to carry between 4,000 and
6,000 vehicles per day. A Local Street should carry up to approximately
4,000 vpd. Development on this particular site should help traffic circulation
to and from the area, enabling vehicles to travel east along Old Farmington
in an effort to get south (Futrall is one-way north) to 6th Street. The proposal
will not appreciably increase traffic danger and congestion.
K: iReports12004WCReports107-12-041R-Pa) 04-01.00 (Southern Kewl[).doc
City Council Meeting Minutes
February 3, 2004
Page 12 of 18
NEW BUSINESS:
Van Scoyoc Associates: A resolution app%vin, a memorandum of agree ent with Van Scoyoc
ssociates and a budget adjustment in the t of $85,000.00 to provide c nsulting legislative
se ices in the amount of $75,000.00, plusses up to $10,000.00.
Alder n Lucas: Is the travel included in this 0,000 or would that be ove$�and above the
$10,000.
Collis Garran%eean of Graduate School for the U of A: The travel is inclu ed in the
$10,000, the lol they are referring to is in D.C., i the three years we have us d them
they have neveeir $10,000 total allowed amount.
Alderman Lucas: So thei avel back and forth to Fayetteville i%dous
that amount.
Co is Garran: Yes.
Aiderma Lucas: I think this is great d I am counting on themof of good.
Alderman MaR moved to approve the r olution. Alderman Lucas seconded. Upon roll
call the resolutio assed 7-0. Alderman Da=theCi
bsent.
Resolution 21-04 as Re rded in the Office ofClerk.
R-PZD 04-1.00 — Southern View II: An ordinance establishing a residential planned zoning
district titled (R-PZD 04-1.00) located on Futrall Drive and Old Farmington Road east of I-540
containing 6.713 acres, more or less; amending the official zoning map of the City of
Fayetteville; and adopting the associated residential development plan as approved by the
Planning Commission.
Mr. Williams read the ordinance.
Jerry Kelso, Crafton, Tull and Associates gave a brief presentation on the project. This is a
mixed used development with commercial on the bottom floor and residential units on the
second and third floor. The total proposed residential units is 113, the total square feet of
commercial is roughly 42,000 square feet.
Kim Fugitt, Project Architect gave a brief description of the exterior of the buildings and the
project. There will be six of the buildings on the six acres; each building will have 19 apartment
units and approximately 7,000 square feet of commercial space on the ground floor. There are
twelve two bedroom apartments and seven one bedroom apartments; one apartment is on the
ground floor to provide any kind of accessible living units for those that may be unable to reach
the second and third floor.
A discussion followed on the ground level apartment and the apartments to the north of this
proposed project.
City Council Meeting Minutes
February 3, 2004
Page 13 of 18
Alderman Thiel: Did this go through the commercial design standard process?
Dawn Warrick: Any Planned Zoning District which has commercial components is required to
be review for commercial design standards and it was approved by the Planning Commission for
those standards.
A discussion followed on the project.
Jim Lindsey spoke about the project.
Mayor Coody: I want to thank you and your staff for being willing to try something that is way
outside your box.
A discussion followed on the project.
Alderman Cook: As a PZD is that locked in that the first floor must remain as commercial or at
some point in the future could that be turned into apartment space or what ever?
Tim Conklin: What has been shown and proposed is to lock in the first floor excluding the one
assessable unit as commercial.
Alderman Reynolds: I want to thank you for jumping into this venture. I really like it, I think it
will cheer up the neighborhood out there and that new traffic light alignment will help you.
Alderman Jordan: Traffic Count?
Dawn Warrick handed out the traffic counts that were taken by the city's Transportation
Division.
Alderman Thiel: There are 114 new apartment units in this project.
Tim Conklin: There is 6,733 square feet of retail per building for a total of 40,398 square feet
of retail.
Alderman Thiel: How many units did we add whenever the property north of there, which was
commercially zoned, was rezoned multi -family, how many units are in that complex?
Tim Conklin: 300 units.
Alderman Thiel: I am concerned about the amount of apartments we are adding right now
when construction has not even started on the new treatment plant. I think this a great effort on
Mr. Lindsey's part. I feel 540 has a lot of apartments and that is the front door into this city, I
would like to see more of it developed commercially. Even though this is mixed and it does
have the commercial, it still adds 114 more units. I have reservations about how this is going to
look from 540.
City Council Meeting Minutes
February 3, 2004
Page 14 of 18
Alderman Marr: What is your current occupancy of the 300 apartments that you have recently
built?
Mr. Lindsey: Companywide in Fayetteville we are at 97%. That project is new and it was built
after the kids came back to school and we have just finished the last building in the last few
weeks. That project is right now at 50%. I would say by May we would be in the 80% to 85%
and by next August that project will be 100% rented.
Alderman Marr discussed housing for students and housing close to the university. He spoke
about the continued same look of apartments at every intersection. There is a lot about this
project that he likes, that we are having a major developer in our area try something new that is a
very different look. He thinks it is very hard to argue for urban infill and mixed use and not be
willing to step out and have someone who is willing to take a little bit of risk with you do that.
I appreciate that very much, I like the concept. Part of the appeal to me is the fact that it may
visually hide some of the things that are repetitive on 540 when this development gets built. I
am excited about some commercial in this area.
This Ordinance was left on the First Reading.
Sou ern View Phase II, Money in Lieu of Land: A resolutio accepting the parks and
Recre on Advisory Board's recomm ation to accept $40,086.00 ca in lieu of the required
park Ian edication for Southern View\Resution
Alderman dan moved to table the until the February \t7,04ty Council
meeting. Al man Cook secondeoll call the motionassed 7-0.
Alderman Davis as absent.
Re -budget 2003 Bu et Items: A resolution appr 'ng a budget adjustment to
$58,605,226.00 in or r to retain project fundingXfor identified and sch,
unurovements and fund i eased workers compensationTiLermums.
Al man Jordan moved to prove the resolution. Ald an Cook seconded. Upon roll
call t resolution passed 7-0. erman Davis was absent.
Res01ut.0 2-04 as Recorded in the tce of the City Clerk
ADM 03-29.0 Chapter 167 Tree Pres ation Amendment: An o ' ance amending Title
XV: Unified De opment Code, of the Co of Fayetteville, to provid endments to and
clarification of vari provisions concerning tr reservation and protection.
Mr. Williams read the
Alderman Thiel: Is the Tree and Landscape Committee iNvor of this?
Audience: They have reviewed this for several months, they hNve reviewed this amendment and
they are in full support.
Planning Commission
January 12, 2004
Page 6
R-PZD 04-01.00: Residential Planned Zoning District (Southern View I1, pp 519)
was submitted by Crafton, Tull & Associates on behalf of Lindsey Management Co. for
property located at Futrall Drive and. Old Farmington Road, east of I-540. The property
is currently zoned C-2, Thoroughfare Commercial and contains approximately 6.713
acres. The request is to rezone the property to a Residential Planned Zoning District to
allow for a mixed use development comprised of 102 dwelling units and 40,398 SF of
commercial space proposed.
Hoover: On to item number three, R-PZD 04-01.00 for Southern View Phase II for
property at Futrall Drive and Old Farmington Road. Jeremy?
Pate: Item four is a Residential Planned Zoning District for Southern View II
located at Futrall Drive and Old Farmington Road east of I-540. This is
directly south of the Southern View apartment complex which is known as
Southern View I which was recently completed. The s ect ro erty is
currently zoned C-2. Thoroughfare Commercial an desi¢nated eeional
Commercia on our ture land to —rezone use plan. It contains approximately 6.7
acres The request tonight the property to a Residential
Planned Zoning District to allow for a mixed use development comprised
of 102 dwelling units and approximately 40,398 sq.ft. of commercial retail
type space proposed. On page 3.1 of your staff reports, the first page, the
staff has broken down the numbers of buildings and the number of
bedrooms/units. Approximately 17 units per building with 31 bedrooms.
There is a mixture of two bedroom and one bedroom units on primarily
the second and third floors of each of the six buildings with a retail being
along the first floor. There are 348 spaces required by ordinance, the
applicant is proposing 302 which is in within the 30% +/- portion of the
ordinance for parking requirements. The proposed density with 102 units
therefore, is 15.2 dwelling units per acre. The development is proposed to
have four means of access, two south onto Old Farmington Road, which is
a two way going cast/west, one onto Futrall Drive which is one way going
north and then there is another entrance also into the Southern View I
apartment complex which accesses I believe it is Stone Street, which is
also two way going east and west. There is a waiver request with regard
to access, the 250' required between an intersection and a curb cut in the
Design Overlay District. That is along Old Farmington Road, I believe it
is 110' approximately that is requested. Staff is in support of this waiver
request from the Design Overlay District. Additionally, this entire site is
in the Overlay District. A landscape buffer is proposed along Futrall
Drive to ameliorate the impacts of the proposed parking lot that is on your
site plan. Elevations, as you can see, have been submitted and I believe
there are some revised ones. I'm not for sure if they have made it here yet.
The ones on the bottom here in black and white do call out some of the
materials of those structures. Surrounding properties are zoned a number
of things. To the north, of course, is Southern View I which is RMF-18,
Planning Commission
January 12, 2004
Page 7
to the south is C-2, Thoroughfare Commercial, this is Sines Auto Body
Shop. To the east is the Fayetteville Public Schools which is P-1,
Institutional and to the west is of course Futrall Drive and I-540. There
are some phase lines shown on your plats as well with the dark dashed
line. I believe it is buildings two and six I think if memory serves me
correctly, that are being proposed to be developed in Phase I as well as all
the infrastructure for all of this development with regard to streets and
water and sewer lines. With regard to findings for the Planned Zoning
District, in pages 3.7 through 3.15 I won't go over all of those, a couple of
pertinent ones are included. The proposal is consistent with the General
Plan in a number of areas, including residential areas. It is utilizing some
of the principles of traditional residential urban design to create livable
and accessible neighborhoods, both in a vehicular and pedestrian manner.
It is also citing residential areas accessible to roadways and alternative
transportation modes, infrastructure, retail and goods. It also meets the
guiding policies for community commercial areas and providing centers
that are accessible and compatible with adjacent residential development.
Again, as I mentioned, this area is designated Regional Commercial on
the Future Land Use Map. I included some minutes from the initial
rezoning of this project. There were some concerns by both the Planning
Commission and the City Council. With regard to amount of commercial
space which is being lost here and a site which is very visible and has
access. There is 30,000 sq.ft. or a little more of commercial space
proposed in this area. Just in comparison, a typical Walgreen's for
instance, is approximately 15,000 sq.ft., a grocery store, for instance, like
an IGA or Harps is around 40,000 sq.ft. The Lowe's approved west of
town on 6t' Street is about 130,000 sq.ft. and the associated retail was
about 50,000 so that is just sort of giving you an idea the amount of
commercial that is being proposed here. I included some traffic counts. I
just handed those out. I believe there are approximately 1,180 vehicle
trips per day on average of a 24 hour span. Commissioner Graves actually
asked me to produce that for the Commission to see for the traffic amounts
generated by this proposed development. It is broken up into a certain
amount of square footage for retail, for office and for residential uses as
shown on your printout there. Again, there are four ways in and out of
this development. Old Farmington and Futrall and to the north to Stone
Street, three ways. Staff is recommending approval of this Residential
Planned Zoning District with 19 conditions, three of which Planning
Commission does need to make specific findings on tonight. Planning
Commission determination of Commercial Design Standards for that
portion of the site that is commercially developed. Item four, Planning
Commission determination of a waiver request for a proposed building
within the 100 foot setback of the 100-year water surface elevation of the
proposed detention pond. Item five, Planning Commission determination
of a waiver request for the Design Overlay District requirement of 250'
Planning Commission
January 12, 2004
Page 8
between intersection and a curb cut. I would also mention condition
number fifteen, the building permit process for Phase II of this proposal
shall begin within one year from the final Certificates of Occupancy
issued for Phase I. Staff felt it appropriate that Phase II should follow
after Phase I for the permitting process in a timely manner.
Hoover: Thank you. Would the applicant come forward please?
Kelso: Thank you Madam Chair. My name is Jerry Kelso, I'm with Crafton, Tull
& Associates, the engineer of record on this piece of property and on this
project. Jeremy has pretty much went over the overview of the thing. I
just want to make a few points. We started this project based upon
meetings that we have had with the city and the city's leadership to
develop this type of a project. Obviously, what you see is a true mixed
use type development. Commercial is on the bottom floor with residential
on the second and the third floors to make a true community where you
have both residential and commercial on the same tract of land. We went
through several iterations with the actual building itself along with the site
plan to get where we're at today. We have worked diligently with the city
staff. If you look at your site plan what we've done is we've tried to
create a streetscape through the middle of this thing what buildings located
on both sides to create that unique design that I think is the vision of the
City of Fayetteville. A couple of things I also wanted to point out, we
added since Subdivision Committee if Subdivision Committee members
remember. We did go ahead and add the pedestrian access to the north
that was requested. Between the buildings we have created a fence so it
looks like we've got a solid row of buildings along with fences straight
through. There at the comer between buildings three and five we've got
the gazebo and tried to spruce it up with some gardens and kind of making
a nice meeting area centralizing this development. Those are some of the
things that we've tried to do along the way and work with city staff, the
Planning Commission and the leadership of Fayetteville to come up with
what we've got. I will try to entertain any questions that you might have.
Again, Kim Fugitt is the architect on these buildings if you have any
building specific questions. Thank you.
Hoover: At this time we will open up this R-PZD 04-01.00 for public comment. Is
there anyone in the audience that would like to address this project?
Seeing none, I will bring it back to the Commission. I think we might go
ahead, can we go ahead and start with the architect giving his
presentation? I think that would be helpful.
Fugitt: My name is Kim Fugitt, I am the project architect, did you have some
questions?
Close Up View
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SOUTHERN VIEW II
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