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