HomeMy WebLinkAboutOrdinance 5414 lililllilillliilliillil�ll�llllliiililliliifilllililiiliiillllllllllllllllll
Doc SSD: 014104950003 Type: REL
Kind: ORDINANCE
Recorded: 07/13/2011 at 10:45:25 AM
Fee Amt: $25.00 Pace 1 of 3
Washington Countv. AR
Bette $tames Circuit ClerkQ n f J
File201 1-000 192 I
ORDINANCE NO. 5414
AN ORDINANCE REVOKING C-PZD 05-1610 (EAST SQUARE
DEVELOPMENT) AND REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 11-3804, FOR APPROXIMATELY 1.01 ACRES,
LOCATED AT THE NORTHWEST CORNER OF MOUNTAIN STREET AND
COLLEGE AVENUE, FROM C-PZD, COMMERCIAL PLANNED ZONING
DISTRICT 05-1610, TO DC, DOWNTOWN CORE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That C-PZD 05-1610 (East Square Development) is hereby revoked because
the developer failed to obtain development permits in accordance with the approved phased
development schedule.
Section 2: That the zone classification of the following described property is hereby
changed as follows:
From C-PZD, Commercial Planned Zoning District 05-
1610 to DC, Downtown Core, as shown on Exhibits "A"
and `B"attached hereto and made a part hereof.
Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 2 above.
PASSED and APPROVED this 21St day of June, 2011.
APPROVED: ATTEST:
"R�TR��j''4,�
By �—`_ By: G. ySY• •S(%p��
IO ELD JO N,Mayor SO RA E. SMITH,City Clerk/Trea
�•.9 c :'
�'•9sy�KANSP.J�c
EXHIBIT "A"
RZN11-3804 EAST SQUARE DEVELOPMENT
CloseUpUp View
mm-
I p l
N
il♦ .K
� I w
Oki
10
j
MEADOW 8T S
i ail
MEADOW ST
' I SUBJECT PROPERTY
I
GENTER ST NTER ST
- i•
i
P-1
MOUNTAIN ST
MOUNTAIN-S7
Jig.
RMF-24
3
RDCx ST
en r -
a
f- AfIf
191 �f
a
II
fliFootprints 2010
- Hillside-Hilltop Ov, day District
L_ _! Design Overlay DE strict
Design Overlay Di strict
------ Planning Area
0 75 150 300 450 600
Fayetteville Fee,
EXHIBIT "B"
RZN 11-3804
LEGAL DESCRIPTION- TRACT 5
ALL OF LOT ONE (1), LOT TWO (2), AND A PART OF LOT THREE (3), LOT SIXTEEN
(16), AND 11 OF LOT SEVENTEEN (17), LOT EIGHTEEN (18), LOT NINETEEN (19),
AND A PART OF THE 10-FOOT EAST-WEST ALLEY OF BLOCK TWENTY-EIGHT (28)
ORIGINAL TOWN PLAT FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST
CORNER OF SAID LOT NINETEEN (19), THENCE N 87°22'33" W- 151.00 FEET;
THENCE N 02031'28" E - 112.14 FEET; THENCE S 87°19'23" E - 45.20 FEET; THENCE N
02°31'28" E - 68.17 FEET; THENCE S 87°28'32" E - 5.80 FEET; THENCE N 02°31'28" E -
34.00 FEET TO THE NORTHWEST CORNER OF SAID LOT TWO (2); THENCE S
87°12'53" E - 100.00 FEET TO THE NORTHEAST CORNER OF SAID LOT ONE (1);
THENCE S 02°31'29" W- 214.00 FEET TO THE POINT OF BEGINNING, CONTAINING
0.63 ACRES, MORE OR LESS.
LEGAL DESCRIPTION-TRACT 6
ALL OF LOT FOURTEEN (14), LOT FIFTEEN (15), AND A PART OF LOT SIXTEEN (16),
AND A PART OF THE 10-FOOT EAST-WEST ALLEY OF BLOCK TWENTY-EIGHT (28)
ORIGINAL TOWN PLAT FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST
CORNER OF SAID LOT FOURTEEN (14), THENCE N 02°41'18" E - 112.28 FEET;
THENCE S 87019'23" E - 150.14 FEET; THENCE S 02°31'28" W- 112.14 FEET; THENCE N
87022'33" W - 150.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.39 ACRES,
MORE OR LESS.
Was.ingt� C I , ,A�
I certify this instrument was filed on
07/1312011 10:45:25 AM
and recorded in Real Estate
File Numb 1-00019277
Bette Sta ps-C c ' Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
-=444 GJAtljl
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3804: (Northwest Corner of Mountain Street and College Avenue/East Square Development, 523): Submitted
by The City of Fayetteville for property located at the northwest corner of Mountain Street and College Avenue. The
property is zoned C-PZD, Commercial Planned Zoning District 05-1610 and contains approximately 1.01 acres. The
request is to rezone the subject property to DC, Downtown Core.
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
/. JL.Cull Previous Ordinance or Resolution#
Department D ector Date
Original Contract Date.
Original Contract Number:
City Attorney Date
-P�& �. (�p.�(,�„ 5 --2411
Finance and Internal Services Director Date Received in City p`.•- - I .`•!_- R'.V �
Clerk's Once
�.. - r rd
'CNW of Staff Date ELATE ED
Received in
Mayor's Office
May D /
Comments:
Revised January 15, 2009
FayZ evi le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director(�
From: Data Sanders, Current Planner
Date: May 11, 2011
Subject: RZN I1-3804 (East Square Development)
RECOMMENDATION
Planning Commission and staff recommend approval of an ordinance to rezone the subject property from C-PZD
05-1610 to DC, Downtown Core.
BACKGROUND
The subject property consists of approximately 1.01 acres located within the Downtown Master Plan on the
block between Center Street and Mountain Street, adjacent to College Avenue. In 2005, the Planning
Commission and City Council approved C-PZD 05-1610 to establish zoning criteria and development rights for
an 18-story structure to include a hotel, condominiums, retail/tenant space, conference rooms, a ballroom, a
restaurant and bar, and a 7-story parking garage.
In 2006, the Planning Commission granted a one-year extension for the issuance of building permits to
development the site as approved to expire on December 20, 2007. The property owner did not obtain building
permits before the extended deadline, and the City Council approved a request to permit an extension for a
period of three years to expire on December 18, 2010. Construction permits for the project were not obtained
and the C-PZD approval has expired.
If an approved PZD expires the property does not automatically revert back to the original zoning. The property
is unable to be developed or subdivided until the old PZD zoning is revoked and a new, valid zoning district is
assigned. In an effort to establish a valid zoning district on the subject property the City Planning Division has
initiated the PZD revocation process following the requirements of the Fayetteville Unified Development Code
Chapter 166.06(C). An initial letter was sent to the property owners on October 21, 2010 notifying them of the
expired PZD, discussing options for establishing a valid zoning district, and the intent of the City to revoke the
PZD and rezone the property if the owners did not initiate a rezoning. On April 7, 2011 the City Planning
Division sent an official PZD revocation letter to the property owner via certified mail notifying them that the
City Planning Division was proposing to revoke the PZD and rezone the property to DC, Downtown Core.
DISCUSSION
On May 9, 2011 the Planning Commission forwarded this item to the City Council with a recommendation for
approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REVOKING C-PZD 05-1610 (EAST
SQUARE DEVELOPMENT) AND REZONING THAT
PROPERTY DESCRIBED IN REZONING PETITION RZN 11-
3804, FOR APPROXIMATELY 1.01 ACRES, LOCATED AT
THE NORTHWEST CORNER OF MOUNTAIN STREET AND
COLLEGE AVENUE, FROM C-PZD, COMMERCIAL
PLANNED ZONING DISTRICT 05-1610, TO DC,
DOWNTOWN CORE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That C-PZD 05-1610 (East Square Development) is hereby revoked because
the developer failed to obtain development permits in accordance with the approved phased
development schedule.
Section 2: That the zone classification of the following described property is hereby
changed as follows:
From C-PZD, Commercial Planned Zoning District 05-
1610 to DC, Downtown Core, as shown on Exhibits "A"
and `B" attached hereto and made a part hereof.
Section 3: 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 day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN11-3804 EAST SQUARE DEVELOPMENT
Close Up View
_ Me4DDw sr J
-L ray'{ C •
m MEADOWST
' SUBJECT PROPERTY
CENT✓:R S7 LATER ST
PI
C
MOUNTAIN ST
MOUNTAIN ST
� -
f.
RMW24
ROCK sr
T
en.
R
R-0
i.T i
�.•ootprints 2010
- Hillside-Hilltop Ovi rlay District
[_ _! Design Overlay Di trict
Design Overlay Di itrict
-- Planning Area
0 75 150 300 450 800
Fayetteville Fee[
EXHIBIT "B"
RZN 11-3804
LEGAL DESCRIPTION - TRACT 5
ALL OF LOT ONE (1), LOT TWO (2), AND A PART OF LOT THREE (3), LOT SIXTEEN
(16), AND 11 OF LOT SEVENTEEN (17), LOT EIGHTEEN (18), LOT NINETEEN (19),
AND A PART OF THE 10-FOOT EAST-WEST ALLEY OF BLOCK TWENTY-EIGHT (28)
ORIGINAL TOWN PLAT FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST
CORNER OF SAID LOT NINETEEN (19), THENCE N 87°22'33" W- 151.00 FEET;
THENCE N 02°31'28" E - 112.14 FEET; THENCE S 87°19'23" E -45.20 FEET; THENCE N
02°31'28" E - 68.17 FEET; THENCE S 87°28'32" E - 5.80 FEET; THENCE N 02°31128" E -
34.00 FEET TO THE NORTHWEST CORNER OF SAID LOT TWO (2); THENCE S
8792'53" E - 100.00 FEET TO THE NORTHEAST CORNER OF SAID LOT ONE (1);
THENCE S 02°31'29" W - 214.00 FEET TO THE POINT OF BEGINNING, CONTAINING
0.63 ACRES, MORE OR LESS.
LEGAL DESCRIPTION- TRACT 6
ALL OF LOT FOURTEEN (14), LOT FIFTEEN (15), AND A PART OF LOT SIXTEEN (16),
AND A PART OF THE 10-FOOT EAST-WEST ALLEY OF BLOCK TWENTY-EIGHT (28)
ORIGINAL TOWN PLAT FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST
CORNER OF SAID LOT FOURTEEN (14), THENCE N 02°41'18" E - 112.28 FEET;
THENCE S 87019'23" E - 150.14 FEET; THENCE S 02°31'28" W - 112.14 FEET; THENCE N
87022'33" W - 150.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.39 ACRES,
MORE OR LESS.
F •
aye eylAS e PC Meeting of May 9, 2011
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: April-2, :- Updated May 11, 2011
RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523): Submitted by CITY OF
FAYETTEVILLE PLANNING DIVISION for property located at the NORTHWEST CORNER OF
MOUNTAIN STREET AND COLLEGE AVENUE. The property is zoned C-PZD, COMMERCIAL
PLANNED ZONING DISTRICT 05-1610 and contains approximately 1.01 acres.The request is to revoke the
PZD pursuant to 166.06(C) and rezone the subject property to DC,DOWNTOWN CORE.
Planner: Data Sanders
BACKGROUND:
Property Description andHistory:The subject property consists of approximately 1.01 acres located
within the Downtown Master Plan on the block between Center Street and Mountain Street,adjacent
to College Avenue. The site is developed for a temporary parking lot and a vacant building.
Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding —zoning and Land Use
Direction Land Use Zoning
North Restaurant and dance hall DC, Downtown Core
South Federal Courts Building DC, Downtown Core
East The Old Washington County Courthouse DC, Downtown Core
West Retail, restaurant, and condominiums MSC, Main Street/Center
History: In 2005,prior to the adoption of the Downtown Master Plan,the Planning Commission and
City Council approved C-PZD 05-1610 to establish zoning criteria and development rights for an 18-
story structure to include a hotel,condominiums,retail/tenant space,conference rooms,a ballroom,a
restaurant and bar, and a 7-story parking garage.
In 2006,the Planning Commission granted a one-year extension for the issuance of building permits
to development the site as approved to expire on December 20, 2007. The property owner did not
obtain building permits before the extended deadline, and the City Council approved a request to
permit and extension for a period of three years to expire on December 18, 2010. Construction
permits for the project were not obtained and the C-PZD approval has expired.
PZD Revocation: If an approved PZD expires the property does not automatically revert back to the
original zoning. The property is unable to be developed or subdivided until the old PZD zoning is
revoked and a new,valid zoning district is assigned. In an effort to establish a valid zoning district
on the subject property the City Planning Division has initiated the PZD revocation process
following the requirements Fayetteville Unified Development Code Chapter 166.06(C). An initial
letter was sent to the property owners on October 21, 2010 notifying them of the expired PZD,
discussing options for establishing a valid zoning district, and the intent of the City to revoke the
PZD and rezone the property if the owners did not initiate a rezoning. On April 7, 2011 the City
Planning Division sent an official PZD revocation letter to the property owner via certified mail
notifying them that the City Planning Division was proposing to revoke the PZD and rezone the
property to DC, Downtown Core. The section of the Fayetteville Unified Development Code
covering PZD revocation and copies of letters sent to the property owners are attached to this report.
Proposal: The City Planning Division proposes to rezone the subject property from C-PZD 05-1610
to DC, Downtown Core.
Public Comment: Staff has not received public comment on this request.
RECOMMENDATION:
Staff recommends forwarding RZN 11-3804(East Square Development)to the City Council with a
recommendation for approval based on the findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: May 9, 2011 ❑ Tabled x Forwarded ❑ Denied
Motion: Chesser Second: Kennedy Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
❑ Approved ❑Denied
Date:
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as the Downtown Master Plan Area.
A primary guiding policy of the Downtown Master Plan is to achieve a mixture of asses in a highly
walkable environment with an urban fabric that allows for downtown living and creates a series of
intimate public spaces and streetscapes.
INFRASTRUCTURE:
Streets: The site has access to Mountain Street and College Avenue. College Avenue is an
improved four lane State Highway in this location. Mountain Street is also an
improved paved two lane city street along this property frontage.
Water: Public water is available to the property. There is 6" water main along Mountain
Street and Center Street. There is an 8"main along College Avenue. Public water
main improvements may be necessary to provide adequate fire flow for a future
development.
Sewer: Sanitary sewer is available to the site. There is an 8" public main located along
College Avenue and along the alley to the west of this site. A capacity analysis of the
existing sewer mains may be necessary at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is not affected by the 100-year floodplain and the
Streamside Protection Zones.
Police: Staff did not receive objections from the Police Department to this rezoning.
Fire: The Fire Department does not feel that this request will affect calls for service or
response times.
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: Staff finds that the DC zoning district is consistent with the Downtown Master
Plan and the existing and surrounding land uses and infrastructure.This site is
the core of the City and the surrounding land uses and zoning districts allow for
most intense development form permitted in the Unified Development Code.
The proposed DC zoning would be consistent with the existing urban character
of Downtown Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is needed at this time as the existing C-PZD zoning has
expired and the property is unable to developed in any manner,including minor
applications such as a lot split or single family residence,until the expired PZD
zoning is revoked and a new zoning district is assigned.As discussed in Finding
