HomeMy WebLinkAboutOrdinance 5442 Doc ID: 034260010003 Type: REL
Kind: ORDINANCE
Recorded: 10/18/2033 at 01:37:33 PM
XFee Amt: $25.00 Paoe 3 of 3
hlnaton Countv. AR
Bette Stamps Circuit Clerk
FS1e2011-00029224
ORDINANCE NO. 5442
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING
DISTRICT ENTITLED R-PZD 05-1543, VANTAGE CENTER LOCATED AT
THE END OF SHEPARD LANE ADJACENT TO FRONTAGE ROAD,
CONTAINING APPROXIMATELY 4.68 ACRES, TO ALLOW THE
ADDITION OF USE UNIT #26, MULTI-FAMILY DWELLINGS, AS A
PERMITTED USE THROUGHOUT ALL OF THE SPACE IN THE FOUR
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 four existing mixed-use buildings, and reflected in the Planned Zoning District
zoning criteria for R-PZD 05-1543, Vantage Center.
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 No. 2
Ordinance No. 5442
PASSED and APPROVED this 20'' day of September, 2011.
APPROVED: ATTEST:
By: By 2�i?/v /Ji�LLt 1
O LD JO AN, ayor SONDRA E. SMITH, City Clerk/Treasurer
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Exhibit "A"
ADM 11-3941
Vantage Center PPZD Amendment #2
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I certify this instrument was filed on
10/1812011 01:37:33 PM
and recorded in Real Estate
File Number 2011-00029224
Bette Stam
ps-Circuit Clerk
1" v
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/20/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
ADM 11-3941: Administrative Item (VANTAGE CENTER PZD AMENDMENT#2, 135): Submitted by LINDSEY
MANAGEMENT COMPANY, INC. for property located at the end of Shepard Lane adjacent to Frontage Road. The
request is to approve an ordinance amending the approved R-PZD 05-1543, Vantage Center, 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
r p ,s6t Previous Ordinance or Resolution#
Department rector Date
.� Original Contract Date:
Original Contract Number:
Cit ttorneypp Date
`A C,.� 4 _ LJ" 9 -1 zaj
Finance and Internal Services Director Date Received in City09-01-1 1 A 11 4 9 R C V D
Clerk's Office
AL_tayor
2l-11ff Date
Received inMayor's Office to
Comments:
Revised January 15,2009
ayetrLde THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan,City Council
Thru: Don Marr, Chief of Staff ��((
Jeremy Pate, Development Services Director U
From: Andrew Garner, Senior Planner
Date: August 30, 2011
Subject: ADM 11-3941 (Vantage Center PZD Amendment#2)
RECOMMENDATION
Staff recommends approval of an ordinance amending the Residential Planned Zoning District for Vantage Center
(R-PZD 05-1543), 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 05-1543,
Residential Planned Zoning District for Vantage Center. The project originally consisted of a mixed-use
development in four 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 29,932 square feet of retail and 76
dwelling units. On November 20, 2007 the City Council approved a modification to the PZD to allow up to 73% 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 four 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, it has become apparent to the applicant that the retail and
commercial space has extremely limited potential for this 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 an Urban Center
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 05-1543, VANTAGE
CENTER LOCATED AT THE END OF SHEPARD LANE
ADJACENT TO FRONTAGE ROAD, CONTAINING
APPROXIMATELY 4.68 ACRES, TO ALLOW THE ADDITION
OF USE UNIT #26, MULTI-FAMILY DWELLINGS, AS A
PERMITTED USE THROUGHOUT ALL OF THE SPACE IN
THE FOUR 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 four existing mixed-use buildings, and reflected in the Planned Zoning District
zoning criteria for R-PZD 05-1543, Vantage Center.
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"
ADM 11-3941
Vantage Center Amendment #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
August 19, 2011
City of Fayetteville
ATTN: Mr. Jeremy Pate
125 W. Mountain Street
Fayetteville, AR 72701
RE: Vantage Center PZD
Dear Mr. Pate:
Please treat this letter as a formal request by Vantage Center, a Limited Partnership
(Vantage Center)to amend the existing PZD on the property to include the ability to rent
apartments in 100% of the space at Vantage Center.
On July 23, 2010 the Mixed Use property known as Vantage Center became available to
leasse and occupy. 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 Vantage Center.
However, it has become apparent that the change in market conditions in Fayetteville has
extremely limited the commercial or retail potential for the site.
At this time, Vantage Center would like to add Use Unit 26 to all of the first floor at
Vantage Center.
Thank you.
Sin el ,
gh J att
otp ate Attorney
F
City of Fayetteville
Staff Review Form
City Council Agenda items
or
Contracts
20-Nov-07
City Council Meeting Date
Jeremy Pate 19 Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2806:Vantage Center PZD Amendment: Submitted by Lindsey Management Company,Inc.for property located at
the end of Shepard Lane adjacent to Frontage Road. The request is to approve an ordinance amending the approved R-PZD 05-
1543,Vantage Center,to permit Use Unit#14,Hotel,Motel and Amusement Facilites as a permitted use on the subject
property
$0.00 n/a n/a
Cost of this request Cate or /Project Budget Program Category/Project Name
n/a n/a Na
F-
,.Account Number Funds Used to Date Program/Pro'ect Cateaory Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution# n/a
Department Director Date Original Contract Date: n/a _
Original Contract Number: n/a
City Attor
o� Received in City Clerks Office
Finance and InVAtervice Director Date
Received in Mayor's Office
Mayor Date
Comments: 1
J
City Council Meeting of November 20,2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas,Director of Operations ,p
From: Jeremy C.Pate,Director of Current Planning
Date: November 1,2007
Subject: Amendment to R-PZD 05-1543 (Vantage Center),to permit Use Unit#14
RECOMMENDATION
Staff recommends approval of an ordinance amending the Residential Planned Zoning
District for Vantage Center (R-PZD 05-1543), permitting Use Unit #14, Hotel, Motel and
Amusement Facilities, as a use by right. Staff has proposed conditions within the draft
ordinance that are important for the Council to consider, to provide a true mixture of uses on
the property.
BACKGROUND
Lindsey Management Company, Inc. has submitted a request to amend the approved R-PZD
05-1543, Residential Planned Zoning District for Vantage Center. The project consists of a
mixed-use development in four buildings. Each building contains 6,733 SF of retail space (on
the first floor only) and 19 multi-family units within the three-story structures, for a total of
26,932 SF of retail and 76 dwelling units. The request is to allow for much of the retail space
to be converted to an 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 use as a permitted or conditional use on the property.
Only the first floor of the buildings would be affected, as the second and third floors are
purely residential. The applicant requests to allow 73% of the first floor of the mixed use
buildings, or 19,660 SF to be utilized for an extended stay hotel/motel use, the remaining
27%of the first floors, or 7,272 SF would be utilized for the other permitted non-residential
uses.
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. Staff's recommendation for
this original project was based on the development providing a true mixed-use project,
wherein users of the residential units and others visiting or residing in the area would have
the opportunity to utilize the retail, restaurant and other commercial services proposed. It is
staff's finding that limiting the proposed hotel/motel use to 73%of the non-residential floor
area on this site is in keeping with the original recommendation and approval of the Planned
Zoning District by the Planning Commission and City Council. This would allow for the
flexibility of use in the other non-residential areas to provide a mixture of retail, restaurant
and other services for nearby residents. Staff has proposed a condition that limits the time a
room can be occupied to a maximum of 30 days, in order for the space to not become a
City Council Meeting of November 20, 2007
Agenda Item Number
residential use. Additionally, a condition states that the hotel/motel floor area will be
operated as an extended stay motel type operation and shall remit sales and HMR taxes
accordingly.
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 05-1543, VANTAGE
CENTER, LOCATED AT THE END OF SHEPARD LANE
ADJACENT TO FRONTAGE ROAD, CONTAINING
APPROXIMATELY 4.68 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 05-1543, Vantage Center.
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 73% 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
Vantage Center.
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.
BY:
PASSED AND APPROVED this
day of , 2007.
ATTEST:
By:
DAN COODY, Mayor SONDRA 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 i Fax (479) 527-8840
October 16, 2007
Mr. Jeremy Pate
City of Fayetteville
125 West Mountain Street
Fayetteville, AR 72701
RE: Modification of Vantage Center PZD
Dear Mr Pate:
RECEIVED
OCT 16 2007
PLANNING DIV.
On October 4, 2007, Vantage Center, a Limited Partnership {"Vantage Center"),
submitted a letter to the City of Fayetteville requesting a modification of the Vantage.
Center'PZD. In that request, Vantage Center asked that multifamily residential be added
as a permitted use for up to 75% of the property.
Vantage Center would Iike to amend the modification request to the Vantage Center
PZD. At this time, we would like to request that Use Unit 14, hotel, motel, amusement,
be allowed on up to seventy three percent (73 %) of the first floor of the mixed use
buildings. The remaining twenty-seven percent (27%) of the first floor would retain the
current: permitted uses.
The only part of these buildings that will be affected by the allowance of an additional
permitted use will be a portion of the first floor only. No oranges are being sought for
the second or third floors.
If there is any other information that can be prov.ded, or any way that I can help, please
let me know.
Thank
Attorne^
T "
ayes AS
PC Meeting of Sept er I2, 2005
THE CITY OF FAYETTEVILLE, ARKANSAS 125w. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479) 575-8267
Fayetteville- Planning Commission
FROM: Andrew Gamer, Current Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Augast 30 2005 September 14, 2005
R-PZD 05-I543: Residential Planned Zoning District (VANTAGE CENTER,): Submitted
by JERRY KELSO for property located at THE END OF SHEPARD LANE ADJACENT TO
FRONTAGE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and R-
A, RESIDENTIAL AGRICULTURAL and contains approximately 4.68 acres. The request is to
approve a Residential Planned Zoning District with 26,932 square feet retail space, 124
bedrooms,. and 187 parking spaces.
Property Owner: VANTAGE CENTER, LLC Planner: ANDREW GARNER
Findings:
Background: This proposal was first heard at Technical Plat Review on June 1, 2005 and was
tabled by staff due to concerns with site development plans. The revisions produced following
subsequent meetings with staff are those presented before the Subdivision Committee.
Property and Setting: The site is located at the end of Shepard Lane in northern Fayetteville
between Frontage Road and Steam Street. The site is largely undeveloped with the existing
Lindsey Communications residential -office building and a gravel drive located in the western
portion of the site. The some stands of mature trees trending north -south through some of the
eastern portions of the site. As depicted in Table 1, the site is surrounded by a mix of
commercial and residential uses.
Table 1
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Large -lot residential
C-1, Neighborhood Commercial
South
Undeveloped commercial lots
C-2, Thoroughfare Commercial
East
Stearn Street Apartments
R-O, Residential Office
West
Mixed -use commercial
C-2, Thoroughfare Commercial
Water and Sewer: Water and sewer lines are available to the site.
Adjacent Master Street Plan Streets: Frontage Drive (a Collector Street)
Kafteporrsl20051PC Reporra109-l1-05tR-PZD 05-1543 (Vantage Center).DOC
Proposal. The applicant requests a rezoning and preliminary plat approval for a residential
subdivision within a unique R-PZD zoning district. The proposed use of the site is for a mixed
use development consisting of four buildings. Each of the proposed buildings will contain 6,733
square feet of retail space, twelve 2-bedroom units, and seven 1-bedroom units. The proposed
uses and parking are detailed in Table 2.
Table 2
Proposed Vantage Center Residential Planned Zoning District
Land Use
Square
I Feet
No. of
Units
No. of
Bedrooms I Parking Required
Proposal Per Buildin
Commercial Retail
6,733
NA
NA
27
Multi -Family Residential 2-
Bedroom
NA
12
24
24
Multi -Family Residential 1-
Bedroom
NA
7
7
7
Total
6,733
19
31
58
Proposal for Entire Development Four Bull din s
Total 26,932 76 1124 232-
"The development proposes 187 parking spaces, which is within the +/-30% allowed by ordinance.
The development is proposed to have two means of access with Shepard Lane extending east -
west through the development in a "Main Street" streetscape, linking Frontage Road to the west
with Stearn Street to the east. Shepard Lane would incorporate parallel parking and widened
sidewalks, with the majority of parking located to the rear of the four structures. Additionally,
two greenspace areas in the center of the development would be utilized for as park/gathering
areas and stormwater detention. The development is intended to create a true mixed -use
development consisting where residential and commercial uses can co -exist using the same
building, parking areas, and surrounding amenities. The existing residential community to the
east of the site as well as the proposed residential uses on the site will help support the
commercial businesses planned in this development. The development is proposed to be under
single ownership, with dwelling units rented and retail space leased. All interior streets,
landscaping, common areas and buildings would be maintained by the developer. Zoning
criteria for the proposed zoning district is depicted in Table 3.
Street Improvements Proposed: Improvements to Frontage Drive along the project frontage of
14' from centerline including pavement, curb and gutter, and six-foot sidewalks.
Tree Preservation:
Existing Canopy:
21 %
Preserved Canopy:
5%
Mitigation Required:
88 onsite trees
K: IReparis120051PC Reparts109-12-051R-PZ0 05-1543 (Vantage Center).DOC
Table 3
Vantage Center Zonina Criteria
Use Units Allowed
Use Unit No.
Permitted Uses
1
City-wide uses by right
2
Cit -wide uses bv conditional use permit
3
Public protection and utility facilities
4
Cultural and recreational facilities
5
Government facilities
12
Offices, studios and related services
13
Eating laces
15
Neighborhood shopping oods
25
Professional offices
26
Multi -family dweilin s
Use Unit No.
Conditional Uses
16
Shopping Goods
Trades and services
17
Setback Regulations
Front(Along Frontage)
25'
Front (Alona Shepard)
0'
Sides
8'
Rear
25'
Building Area
Maximum ° 20%
Height Regulations
Maximum 42'
Recommendation: Staff recommends forwarding R-PZD 05-1543 with a recommendation of
approval to the full Planning Commission with the following conditions:
Conditions of Approval:
Planning Commission determination of commercial design standards. Stafffnds that the
building elevations meet the City's commercial design standards by minimizing or
avoiding: unarticulated wall surfaces, square "boxlike" structures, metal siding that
dominates the main facades, and large out ofscale signs. Additionally, the development
provides a unifying and identifiable theme and is compatible with adjacent development.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
K:IReporU120051PCReportsIO9-12-051R-PZD 05-1543 (Vantage Center).DOC
2. Planning Commission determination of a waiver request for the requirement of 40' from
an intersection to a curb cut, for the westemmost curb cut along Shepard Lane that is
approximately 35' from Frontage Road. Staff is in support of the request for the
proposed curb cut along Shepard Lane as the entrance fulfills the intent ofproviding an
enhanced "Main Street" streetscape, along with providing needed parking in the "rear"
to meet ordinance requirements.
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION
3. Submit elevations of proposed monument signage.
4. Identify the height of the proposed buildings on the elevations and on the site plan.
5. All zoning criteria such as setbacks, protective easements, and designated lot uses
(depicted in Table 3 and elsewhere described in this report) are binding with the approval
of the R-PZD. Submitted covenants and building elevations are likewise binding to the
project. Additionally, please designate a building height regulation and building area
maximum criteria to the zoning criteria listed on the cover sheet of the plat.
6. Submit a lighting plan in conformance with the City's lighting ordinance.
7. Street improvements to Frontage Road shall include 14 feet from centerline including
curb, gutter, pavement and 6-foot sidewalks through the driveway entrance. The
sidewalks on Frontage Road shall connect with existing sidewalk to the north and south
of the driveway. Six-foot sidewalks shall be constructed through the project to connect
Steam Street with Frontage Road.
8. No fences shall be allowed within utility easements.
9. All monument signage must comply with the sign ordinance.
10. Include the 14 notes that coordinate with the Tree Protection Fencing detail. These can
be found in the Landscape Manual and should be located on the Tree Preservation sheet.
11. Mitigation will be required to replace 15,863 square feet of canopy. Using the mid -level
density factor, 55 2-inch caliper trees or $13,750 will be required. If not all trees can be
located on -site then a combination of plantings and money in lieu may be approved by
the Urban Forester.
12. Before approval of building permit a tree and maintenance plan must be submitted for
approval to the Urban Forester.
13. All trash enclosures shall be screened from view with materials that are compatible with
and complementary to the proposed buildings.
14. All utilities shall be screened with materials complementary to the proposed buildings.
K:IReportsl20051PCReports109-12-051R-PZD 05-1543 (Vantage Center).DOC
15. Please modify all sheets of the drawings for consistency regarding the number of parking
spaces: the cover sheet says 187 spaces, the landscape plan says 289 spaces, and the tree
preservation plan says 173 spaces.
16. Dimension the size and location of proposed sidewalks on the site plan and landscape
plan.
17. Add a note to the plat that all utilities shall be installed underground and that any existing
utilities over 12 kV shall be relocated underground.
18. Trash service shall be coordinated with the Solid Waste Division. Al trash enclosures
shall be screened from view with materials that are compatible with and complementary
to the proposed buildings. Dimension turnaround areas at dumpster location. Dumpster
pads need to be a minimum of 15' in length.
19. The numbers and percentage on the site coverage note do not add up. For example, the
building area, sidewalk area, paving area, and greenspace numbers add up to 198,997
square feet, and the total site is listed as 203,695. Please revise to make the numbers and
percentages for the site total accurately.
Standard Conditions of Approval:
20. 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).
21. 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 the
City's current requirements.
22. Payment of parks fees in the amount of $29,868 shall be required prior to building
permit. Prior to R-PZD approval, this amount shall be considered and approved by the
Parks and Recreation Advisory Board and City Council to meet ordinance requirements
for over 100 residential units.
Additional Conditions:
a.
10
K. Reporu110051PCReportsf09-12-051R-PZD 05-1543 (Vantage Cenw).DOC
i
Planning Commission
September 12, 2005
Page 35
R-PZD 05-1543: Planned Zoning District (Vantage Center, pp 136). Submitted by
Jerry Kelso of Crafton, Tull & Associates for property located at the east end of Shepherd
Lane. The property is zoned C-1, neighborhood Commercial and contains approximately
4.68 acres. The request is to approve a Residential Planned Zoning District with 26,932
sq.ft. retail space, 124 bedrooms and 196 parking spaces.
Ostner: The next item on our agenda is R-PZD for Vantage Center. If we could
have the staff report please.
Gamer: This site is located at the end of Shepherd Lane between Frontage Road
and Stearns Street. The site is zoned C-1 and R-A and is largely
undevelopedwith the communications residential office building and a
gravel drive located on the western portion of the site and mature trees
turning south on the eastern portion of the site. On page 13.1 the site is
surrounded by a mixture of commercial and residential uses. Immediately
to the west of this site is the commercial corridor and Appleby's restaurant
and to the east is Stearns Street apartments. The applicant requests
rezoning and Preliminary Plat for a residential subdivision within a unique
R-PZD zoning district. The proposed use of this site is for a mixed use
development consisting of four buildings. Each of the buildings will
contain approximately 6,700 sq.ft. of retail commercial space, 12 two
bedroom units and 7 one bedroom units. The building in general with
regard to access concerns would have two means of access with Shepherd
Lane running east/west through the development and a main streetscape
linking Frontage Road to the west and Stearns Street to the east. Shepherd
Lane would incorporate parallel parking, a widened sidewalk with the
majority of the parking located to the rear of the structures. Additionally,
two greenspace areas in the center of the structures would be utilized as
gathering area and storm water detention. The intent of the development
is to be a mixed use development with commercial and residential
structures together and using the same infrastructure and streets. Table 3
on page 13.3 of your packet describes the zoning criteria proposed with
this development. You can see the use units allowed would provide a mix
of office, shopping, eating places and residences. Setback regulations
would be a 25' setback along Frontage Road, a 0' setback along Shepherd,
8' setbacks along the sides and a 25' setback along the rear property lines.
The building area should read 20%. The height regulation would be a
maximum of 42'. We are recommending approval of this R-PZD with
several conditions. Planning Commission determination of commercial
design standards. As you can see from the elevations, there are some
material samples of the bricks that will be used and the types of buildings.
Staff finds that they meet Commercial Design Standards with a variety of
structures and materials and articulation. Condition two, Planning
Commission determination of a waiver request. There is a waiver request
for the intersection of Shepherd Street into the curb cut coming into this
development and staff is in support of the request for the proposed curb
Planning Commission
September 12, 2005
Page 36
cut and we find that with the pedestrian access and the way that the
development is laid out it would be an appropriate and safe means of
access. Condition five specifies all zoning criteria in this report as depicted
in table 3 are binding with the approval of this R-PZD. The conditions are
relatively straight forward other than that.
Ostner: Is the applicant present?
Kelso: I am Jerry Kelso with Crafton, Tull & Associates representing the owner
on this one. As staff had said, this is a true mixed use development where
we have got commercial on the bottom and residential apartments on top.
We have four buildings. The elevations that you see there are both the
front and the back so it would be the same on both sides. We are in
agreement with the conditions of approval.
Ostner: At this point I am going to call for public continent. Seeing none, I will
close the public comment session and bring it back to the Commission.
Anthes: How long has the current property owner owned this piece of property?
Kelso: Mr. Lindsey has owned it for at least a couple of years.
Anthes: Do you know when this lot was cleared of trees?
Kelso: I do not know. I do know that there have been no trees taken down since
he has had ownership of it.
Anthes: Mr. Pate, do you know when this was cleared? I believe this was a
wooded parcel and this lot was cleared without a development plan. Do
you know the time frame on that and what is the statute of limitations on
that?
Pate: Five years. If the property was cleared within five years by the owner or
developer they would be penalized at the time of development.
Anthes: Has anybody researched that?
Pate: Not that I'm aware. The urban forester reviewed that and can answer that
question.
Anthes: What do you do in a case like that Mr. Williams?
Williams: The ordinance would require replacing the canopy plus the 10% increase
in the normal requirement if it was done within five years without an
agricultural purpose or with intent to get around the tree ordinance.
Planning Commission
September 12, 2005
Page 37
Anthes: Is that something that we can determine after we pass the project?
Williams: No, because this project is dependent upon not having as much land
devoted to tree preservation area I think.
Kelso: We have done a tree preservation based upon what is out there.
Williams: How long has the owner owned this property?
Kelso: I don't know for sure. We started the apartments next to it about three
years ago and I think that is about the time he purchased it.
Williams: I can't tell you how long it has been cleared at this point.
Anthes: What do we do if we have a question about that?
Williams: We do have some aerial maps, but they might not be from five years ago.
That would be some evidence at some point in time that there were trees
on it when the aerial was done. That doesn't mean that the next day
someone didn't clear the land. I don't know what our evidence would be
on this.
Anthes: I just remember it happened and I don't know whether it is within that five
year period or not and when I saw this development come through I just
had a question about it. Since it wasn't in the staff report I thought I
needed to ask.
Pate: We did not pick up on that at all in our investigation. We do typically look
at aerials, we don't always look at every site five years prior and
obviously, that did not occur on this site.
Kelso: I will say that since Mr. Lindsey purchased it he has not cut anything.
Anthes: What happens if a land owner clears a parcel and sells it the next day and a
development comes through immediately on that?
Williams: I don't think you can have someone else clear it and sell it and nothing
happens, I think that would be against the spirit of that particular part of
the ordinance. On the other hand, we have to have some definite evidence
to be able to say that you have to do this and at this point I don't think
staff has any evidence that this was cleared within the last five years.
Anthes: My question was more for future to find out if we check that as a matter of
course and what the ramifications would be.
Pate: I honestly cannot say whether or not we have checked that.
Planning Commission
September 12, 2005
Page 38
Anthes: How do these buildings differ, if at all, from the corner of 6"' Street and I-
540?
Kelso: These are the same buildings.
Pate: One of the conditions of approval from the Planning Commission was to
alter those side elevations, those have been altered pretty dramatically, I
don't think this Commission ever saw that.
Clark: Are you in agreement with the conditions of approval?
Kelso: Yes.
Clark: I will move that we forward R-PZD 05-1543 with the stated conditions
and findings of fact as indicated in the staff report.
Myres: I will second.
Ostner: Is there further discussion? Will you call the roll?
Roll Call: Upon the completion of roll call the motion to forward R-PZD 05-1543 to
the City Council was approved by a vote of 8-0-0.
Morgan: The motion carries.
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--° files
�— Lindsey Management Co., Inc.
1200 E. Joyce Boulevard ■ P.O. Box 13000 ■ Fayetteville, AR 72703 ■ (479) 521-6686 ■ Fax (479) 527-8840
October 4, 2007
Mr. Jeremy Pate
City of Fayetteville
125 West Mountain Street
Fayetteville, AR 72701
RE: Modification of Vantage Center PZD
Dear Mr. Pate:
Lindsey Management Co., Inc., the "Lindsey Company") on behalf of Vantage Center, a
Limited Partnership would like to request a modification of the Vantage Center PZD, to
allow multifamily residential as a permitted use for up to seventy-five percent (75°/u) of
the first floor of the proposed development. The remaining twenty-five percent (25%) of
the first floor would retain the current permitted uses. I have attached a copy of the
proposed site plan to this letter as Exhibit A.
The only part of these buildings that will be affected by the allowance of an additional
permitted 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 championed by the City of Fayetteville, and we look forward to working
with the City to make these types of developments successful for the City as well as the
Lindsey Company.
If there is any other information that can be provided, or any way that I can help, please
let me know.
Thank you.
ney
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ADM 07-2806
Supplementary Information
Vantage Center PZD Site Plan
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