HomeMy WebLinkAboutOrdinance 5416 Doc ID: 014137760003 Type. REL
Kind: ORDINANCE
Recorded: 06/02/2011 at 12:06:26 PM
Fee Ami: $25.00 Pape 1 of 3
wasninaton Countv. AR
Bette Stamps Circuit Clerk
FL192011-00021541
ORDINANCE NO. 5416
AN ORDINANCE REVOKING R-PZD 07-2551 (CHAMPIONS CLUB
CONDOS)AND REZONING THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 11-3807, FOR APPROXIMATELY 4.42 ACRES, LOCATED
AT THE SOUTHWEST CORNER OF RAZORBACK ROAD AND 15TH
STREET, EAST OF THE CROWNE APARTMENTS, FROM R-PZD,
RESIDENTIAL PLANNED ZONING DISTRICT 07-2551, TO UT, URBAN
THOROUGHFARE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That R-PZD 07-2551 (Champions Club Condos) 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 R-PZD, Residential Planned Zoning District 07-
2551 to UT, Urban Thoroughfare, 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 5th day of July, 2011.
APPROVED: ATTEST:
1
1 ' r /
By: s 8i By �l «
LIONELD JOkDAN,Mayor SONDRA E. SMITH, Ci Cler Treasure ���RKjTR '�
Y
FAYETrEVILLE: 3
9
,ON„Gp�.
EXHIBIT "A"
RZN11-3807 CHAMPION CLUB CONDOS
Close Up View
PRIVATE 1149
PUBLIC 12SC
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O
PRIVATE 1399
SUBJECT PROPERTY
CROWNEDre� I� - U 'i . RIM
FW44
CASCADE OR Ftr,0AOT DR
4 41
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.........�..........TCI •,.
_- - 18TH ST La's
Legend
EMIZN11-3&)7 SUNCNASE CT
Mud-Use Trail (Exi4ng) SLIGO pETTIGREw gj
Future Trails '
Footprints 2010
_ Hillside-Hilltop O erlay District
Design Overlay E istrict
Design Overlay U istrict
------ Planning Area
Fayetteville 0 150 300 600 900 1,200
EXHIBIT "B"
RZN 11-3807
A PART OF THE NWI/4 OF THE SETA OF SECTION 20, T-16-N, R-30-W, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NW 1/4
OF THE SETA OF SAID SECTION 20, THENCE N 87°13'22" W 128.24 FEET, AND
THENCE S 2046'38" W 108.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING
ON THE WEST RIGHT-OF-WAY LINE FOR RAZORBACK ROAD; THENCE S 2°42'57" W
90.32 FEET; THENCE S 3°24'21" W 160.96 FEET; THENCE S 12°40'55" W 136.51 FEET;
THENCE S 18021'12" W 156.93 FEET; THENCE S 28°16'46" W 203.04 FEET; THENCE S
18021'12" W 26.27 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FOR RAZORBACK
ROAD N 30002' W 82.11 FEET; THENCE N 14°47'06" W 227.46 FEET; THENCE N 0°11'38"
W 193.83 FEET; THENCE N 64°04'53" W 36.47 FEET; THENCE N 17038'29" W 138.54
FEET; THENCE N13°52'53"E 157.39 TO THE SOUTH RIGHT-OF-WAY OF 15TH STREET;
THENCE S 87022'48" E 102.94 FEET; THENCE N 203712" E 20.00 FEET; THENCE S
87014'05" E 100.37 FEET; THENCE S 86°51'14" E 93.20 FEET; THENCE S 34°40'45" E
65.87 FEET TO THE POINT OF BEGINNING, CONTAINING 4.42 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND/OR
RIGHTS-OF-WAY OF RECORD.
Washington County,AR
I certify this instrument was filed on
08/02/2011 12:08:26 PM
and recorded in Real Estate
File Number 2011-00021541
Bette Stamps- Circuit Clerk
�v
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
-W4,2 1 6-al-u
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
RZN 11-3807: (Southwest Corner of Razorback Road and 15th Street/Champion Club Condos, 599): Submitted by
The City of Fayetteville for property located at the southwest corner of Razorback Road and 15th Street. The property
is zoned R-PZD, Residential Planned Zoning District 07-2551 and contains approximately 4.42 acres. The request is
to revoke the PZD pursuant to 166.06(C) and rezone the subject property to UT, Urban Thoroughfare.
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
—11I1w( 'kl1 Previous Ordinance or Resolution#
Dep�nt rec r Date
Original Contract Date:
--'� 5� Original Contrail Number:
City Attorney Date
-PAX 0. . � 5- Ilk
Finance and Internal Services Director Date Received in City -
���- Clerk's OfficeAn
�L !1
of St Date E-0
Received in /rf
Mayor's Office
M or D e
Comments:
Revised January 15, 2009
WWI/ ce A,41-
Tay7leLvi
le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: May 11, 2011
Subject: RZN 11-3807 (Champions Club Condos PZD Revocation)
RECOMMENDATION
Planning Commission and staff recommend approval of an ordinance to revoke the expired Champions Club Condos
Planning Zoning District and rezone the property from R-PZD 07-2551 Champions Club Condos to U-T, Urban
Thoroughfare.
BACKGROUND
The subject property contains 4.42 acres located south of 15`h Street and West of Razorback Road. The site is zoned
R-PZD 07-2551, and is generally flat, undeveloped, disturbed grassland with the Town Branch along the western
border of the site. On July 3, 2007 the City Council approved the Champions Club Condominiums Planned Zoning
District on the subject property (R-PZD 07-2551). The property was originally zoned I-1, Heavy Commercial/Light
Industrial. The R-PZD zoning permitted a total of 143 multi-family dwellings with a density of approximately 32
units per acre. Construction permits for the project were never obtained and the R-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 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, 2010 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 U-T, Urban Thoroughfare.
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 R-PZD 07-2551 (CHAMPIONS
CLUB CONDOS) AND REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 11-3807, FOR
APPROXIMATELY 4.42 ACRES, LOCATED AT THE
SOUTHWEST CORNER OF RAZORBACK ROAD AND 15TH
STREET, EAST OF THE CROWNE APARTMENTS, FROM R-
PZD, RESIDENTIAL PLANNED ZONING DISTRICT 07-2551,
TO UT, URBAN THOROUGHFARE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That R-PZD 07-2551 (Champions Club Condos) 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 R-PZD, Residential Planned Zoning District 07-
2551 to UT, Urban Thoroughfare, 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 day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN11-3807 CHAMPION CLUB CONDOS
Close up View
PRIVATE 1149 -
PUBLIC 1250
a
PRI0VATE
�I tSUBJECTPROPERTY
P3
CRowwe OR g RW,14
CABCADE OR• I-1
18TH ST
Legend
a S1INCHA$8 Cr
RZN11-3807 $
3
•............ tvlutl-Use Trail(E xls@ng) Gbo PETTIGREW$S
Future Trails
Footprints 2010
- Hillside-Hilltop O erlay District
Design Overlay E istrict
Design Overlay C€strict
------ Planning Area
0 150 3p0 80p 900 12p0
Fayetteville FaCI
EXHIBIT "B"
RZN 11-3807
A PART OF THE NW1/4 OF THE SF1/4 OF SECTION 20, T-16-N, R-30-W, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NWI/4
OF THE SETA OF SAID SECTION 20, THENCE N 87°13'22" W 128.24 FEET, AND
THENCE S 204638" W 108.54 FEET TO THE POINT OF BEGINNING, SAID POINT BEING
ON THE WEST RIGHT-OF-WAY LINE FOR RAZORBACK ROAD; THENCE S 2°42'57" W
90.32 FEET; THENCE S 3°24'21" W 160.96 FEET; THENCE S 12°40'55" W 136.51 FEET;
THENCE S 18021'12" W 156.93 FEET; THENCE S 28°16'46" W 203.04 FEET; THENCE S
18°21'12" W 26.27 FEET; THENCE LEAVING SAID RIGHT-OF-WAY FOR RAZORBACK
ROAD N 30002' W 82.11 FEET; THENCE N 14°47'06" W 227.46 FEET; THENCE N 0°11'38"
W 193.83 FEET; THENCE N 64°04'53" W 36.47 FEET; THENCE N 17°38'29" W 138.54
FEET; THENCE N13°52'53"E 157.39 TO THE SOUTH RIGHT-OF-WAY OF 15TH STREET;
THENCE S 87022'48" E 102.94 FEET; THENCE N 203712" E 20.00 FEET; THENCE S
87014'05" E 100.37 FEET; THENCE S 86051'14" E 93.20 FEET; THENCE S 34°40'45" E
65.87 FEET TO THE POINT OF BEGINNING, CONTAINING 4.42 ACRES, MORE OR
LESS, WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND/OR
RIGHTS-OF-WAY OF RECORD.
TayM-
•
ve e PC Meeting of May 9, 2011
1(A NSAS
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: " w' n Updated May 11 2011
RZN 11-3807: Rezone (CHAMPIONS CLUB CONDOS, 599): Submitted by CITY OF
FAYETTEVILLE PLANNING DIVISION for property located at the SOUTHWEST CORNER OF
RAZORBACK ROAD AND 15TH STREET, EAST OF THE CROWNE APARTMENTS. The
property is zoned R-PZD,RESIDENTIAL PLANNED ZONING DISTRICT 07-2551 and contains
approximately 4.42 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the
subject property to UT, URBAN THOROUGHFARE. Planner: Andrew Garner
BACKGROUND:
Property Description:The subject property contains 4.42 acres located south of 15"'Street and West
of Razorback Road. The site is zoned R-PZD 07-2551,and is generally flat,undeveloped,disturbed
grassland with the Town Branch along the western border of the site. Surrounding land use and
zoning is depicted in Table 1.
Table 1
Surrounding Zoning and Land Use
Direction Land Use Zoning
North Baum Stadium (University of Arkansas Baseball Stadium 1-1
South Crown Apartments; Town Branch Creek RMF-24
East University of Arkansas property(baseball field and RV 1-1
ark
West Crown Apartments; University Village Commercial Center RMF-24; C-2
History: On July 3, 2007 the City Council approved the Champions Club Condominiums Planned
Zoning District on the subject property (R-PZD 07-2551). The property was originally zoned I-1,
Heavy Commercial/Light Industrial. The R-PZD zoning permitted a total of 143 multi-family
dwellings with a density of approximately 32 units per acre. Construction permits for the project
were never obtained and the R-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 of Fayetteville Unified Development Code Chapter 166.06(C).An initial
G:IETCIDevelopmeni Services Review120111Development ReviewIl1-3807 RZNSW Corner of Razorback Rd 151h Si(Champion Club Condo's)103
Planning Commission105-09-2011IComrnents and Redlines
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, 2010 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 UT, Urban Thoroughfare. 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 approximately 4.42-acre property from
R-PZD 07-2551 Champions Club Condos to UT, Urban Thoroughfare.
Public Comment: Staff has not received public comment on this particular request.
RECOMMENDATION:
Staff recommends forwarding RZN 11-3807(Champions Club Condos)to the City Council with a
recommendation of approval based on the findings stated herein.
PLANNING COMMISSION ACTION: Required YES
Date: May 9,2011 ❑ Tabled X Forwarded ❑ Denied
Motion: Kennedy Second: Honchell Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
❑ Approved ❑ Denied
Date:
L--
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan
designates this site as Urban Center Area. Urban Center Areas are the equivalent ofa main street,
including building types that accommodate retail, offices, rowhouses and apartments. These areas
contain taller buildings and have the most intense and dense development patterns within the City,
as well as the greatest variety of buildings, with unique civic buildings in particular.
INFRASTRUCTURE:
Streets: The site has access to 15th Street and Razorback Road. Improvements will be
needed along 15th street to connect with Razorback. Razorback is an improved five
G:IAYCIDevelopment Services Review1201 I Wevelopment Reviewl 11-3807 RZN SW Corner of Razorback Rd 151h St(Champion Club Condo's)103
Planning Co,nmission105-09-20111Comments and Redlines
lane state highway and 15th Street is an improved four lane state highway in this
location.
Water: Public water is located adjacent to the site. There is a 12" waterline to the east side
of the property at 15th street. This 12"main will need to extend through the property
and connect to the main on the east side of Razorback at the time of development.
Sewer: Sanitary sewer is available on the site. There is a 24"sewer main located through the
center of the property. Sewer service will need to be extended within the property at
the time of development. Improvements to the sewer system may be required
dependent upon the demand placed by the development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the 100-year floodplain of Town Branch.
Police: Staff did not receive objections from the Police Department to this rezoning.
Fire: This site is located three miles from Engine 6 at 900 South Hollywood with an
anticipated response time of four minutes to this site.This rezoning should not 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 the proposal is highly consistent with the land use planning
objectives, principles and policies, as evidenced by the number of guiding
policies for Urban Center Area this proposal meets.Rezoning the property will
accommodate both the future land use plan for non-residential and residential
uses in this intended high-intensity area. The subject property is a desirable
location for infill development at this intersection of two principal arterial
roadways and in close proximity to the University of Arkansas. The proposed
UT zoning would also be compatible with the surrounding university,
commercial, and multi-family uses.
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 R-PZD zoning has
expired and the property is unable to be 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 No. 1, the proposed zoning is justified as it is compatible with the
G_TTODvvelopmenl Services Review120111Developmenl Reviewil1-qW RMSWCorner of Razorback Rd 15th S!(Champion Cub Condo'sflO
Planning Commission105-09-20111Commenl5 and Redlines